DECLARATIONS AND PLEADINGS IN ENGLISH: Being the most authentic Form of Proceeding in Courts of LAW; In Actions real, personal, and mixed; useful for all Practisers and Students of the LAW, of what Degree soever.  
COLLECTED By the most Experienced and Exact in his Profession, RICHARD BROWNLOW, Esq Late Chief protonotary of the Court of COMMON PLEAS.  
Whereto are Added, Choice Presidents in the Upper Bench, by some others of good Note.  
Published in Order to the Act of Parliament, and for the good of the COMMON-WEALTH.  
With an Exact TABLE, wherein may be found the principal Matters contained in this Book.  
The third Edition, thoroughly corrected and amended.  
LONDON, Printed by Tho. Roycroft, for Henry Twyford, and are to be sold at his Shop in Vine-Court, Middle Temple, 1659.   

TO THE READER.  
AMONGST those many Books of Law which these happy times of Reformation have held forth to public view, in order to the Decrees of the Supreme Authority( whose commendable Providence is in nothing more conspicuous, then in teaching us the Rules of Manners in our Mothers words, to the end Offences should be the less excusable, and Judgements made appear more just:) I found none whereby a general satisfaction was given concerning the Proceedings, by which each mans Right was brought into Decisive Doom: And upon a serious perusal, finding these ensuing Presidents, formally exact, and very useful for that purpose, as being the Quintessence extracted from those vast and unwieldy Volumes, which as now, for the most part, are rendered useless, by reason, as well of their obscurity, being writ in an unknown Tongue, as of the Proscription of many Titles now exploded; I found myself obliged in point of Honour to that curious hand, which by a happy proportion gave them being,( had not my zeal to common good, imported a sufficiency) to show them Light; where now they stand ( Ad captum lectoris) liable to variety of Censure: against which, to oppose any thing besides themselves, the Author, and their Use, were to redargue with Impertinencies; a shift seldom or never used, but when the Matter itself is guilty of many Imperfections, and cannot abide the trial. To say there is nothing of Imperfection in this Tract, were to equal it with the effects of that hand which cannot err, and dignify it with Impossibilities; yet this, in my judgement, I may dare to promise, without the imposition of Temerity, that, allowing for human Incidency, it may as justly claim the Title of Perfect, as any thing of this nature hitherto extant; Wherefore, as ambitious of its own Praise, I shall sand thee to the Matter itself, which consisting all of Form, must needs have beauty enough to Court thy Commendations.  
Farewell.   

special DECLARATIONS AND PLEADINGS, IN THE Upper Bench, and Common Pleas.  

Abatement.  
ANd the aforesaid W. B. by G. H. 
Abatement of the Writ, for that the Plaintiff was married after the Writ purchased.  his Attorney cometh and defendeth the force and injury when, &c. And demandeth Judgement of the Writ, &c. Because he saith, That the aforesaid Jane, after the day of the issuing forth of the original Writ, of them the said Jane, Philip, and T. to wit, the tenth day of January, in the third year of the Reign of our Lady the Queen at W. in the County of Chester, took to her Husband, one laurence Smith, Knight; which said laurence, as yet remains and is in perfect life, to wit, at W. aforesaid: And this he is ready to aver, whereupon he demandeth Judgement of the Writ aforesaid, &c.   

Attaint.  
THe Jury of four and twenty Knights of the Neighbourhood of T. cometh to recognise, whether the Jurors, by whom a certain Inquisition, which was lately summoned in the Court of our Lord the King, before his Justices here, by the Writ of our Lord the King, between A. Plaintiff, and W. Defendant, of a certain trespass, &c. As it was said, made a false Oath, as the said A. to our Lord the King, greatly complaining, hath shewed, or not: And now cometh as well the aforesaid A. by B. his Attorney, as the aforesaid W. by F. his Attorney, and A. B. and others, &c. The twelve, Jurors of the same first Inquisition in their proper persons likewise come; and upon this, as well the same W. as the aforesaid twelve Jurors of the said first Inquisition, pray the hearing of the aforesaid Writ of Attaint: And it is red unto them, &c. They also pray the hearing of the Record upon which the said Writ issued forth, 
The Plea.  and it is red to them in these words: pembroke, &c. Which being red and heard, as well the aforesaid W. as the aforesaid twelve Jurors of the first inquisition aforesaid, pray that the aforesaid A. may assign his false Oath, if there be any, &c.  
And the said A. 
Assignment of the false Oath.  saith, That the aforesaid twelve Jurors of the first Inquisition aforesaid, made a false Oath in all things, which against him the said A. they have said: and this he is ready to verify by the aforesaid Jury of four and twenty Knights, &c. And as well the aforesaid W. as the aforesaid twelve Jurors of the first Inquisition aforesaid say, That the same twelve Jurors of the first Inquisition aforesaid, have made a good and lawful Oath in all things which against the said A. they have said: And of this they put themselves upon the Jury of the four and twenty Knights aforesaid; And the aforesaid A. in like manner: Therefore the same Jury of the four and twenty Knights thereupon between them is to be taken, &c. But the same Jury remains to be taken until, &c. for want of Jurors of the same twenty four Knights, because none came, &c. Therefore let the Sheriff have the bodies of the Jurors of the same Jury of four and twenty Knights, &c. The same day is given, as well to the parties aforesaid, as to the aforesaid twelve Jurors of the first Inquisition aforesaid, &c.  

WHich being red and heard, 
Assignment of a false Oath in Attaint, Pasc. 6. E. 4. Rot. 60.  as well the aforesaid R. M. as the aforesaid N. R. W. H. J. S. and R. R. four of the Jurors of the first Inquisition aforesaid, pray, that the aforesaid H. G. now Plaintiff, may assign his false Oath, if there be any, &c.  
And the aforesaid H. G. now Plaintiff, saith, That the aforesaid twelve Jurors of the first Inquisition, have made a false Oath in all things, which against him the said H. of the premises they have formerly spoken: And this he is ready to aver by the aforesaid Jury of four and twenty Knights, &c. And as well the aforesaid R. M. as the aforesaid N. R. W. H. I. S. and R. R. four of the Jurors of the first Inquisition aforesaid, say. That the same four Jurors of the same first Inquisition, and the aforesaid eight Jurors, residue of the same first Inquisition, have made a good and lawful Oath in all things, which against the aforesaid H. G. now Plaintiff, formerly of the Premises they have said: And upon this they put themselves upon the aforesaid Jury of four and twenty Knights: And the aforesaid H. G. now Plaintiff in like manner, &c. Therefore let the same Jury of four and twenty Knights between them be taken, &c. But the same Jury remains to be taken before our Lord the King, until the morrow after Saint John Baptist, Wheresoever, &c. for want of the same Jury of twenty four Knights, because none came, &c. Therefore let the Sheriff distrain the Jurors of the same Jury of twenty four Knights, and add ten such, &c. 
A Tales awarded.  The same day is given as well to the parties aforesaid, as to the aforesaid N. R. W. H. J. S. and R. R. four of the Jurors of the first Inquisition aforesaid, &c. At which said morrow, &c. before our Lord the King at Westminster, come as well the parties aforesaid, by their Attorneys aforesaid, as the aforesaid four Jurors of the first Inquisition aforesaid, before appearing in their proper persons: And the Sheriff now returneth; that as to the distraining of W. C. Knight, and others in the Writ of our Lord the King, name to him thereupon directed; 
Tarde returred on the Distringas with a panel of tales.  That the said Writ was so late delivered unto him, that for the shortness of the time in that behalf, he could not execute it: And the same Sheriff also returns a certain panel of the names of ten such Jurors to the said Writ annexed: and upon this, the Jury of twenty four Knights aforesaid, remains further to be taken before our Lord the King, until fifteen days of Saint Michael, wheresoever, &c. unless the Justices of our Lord the King, at the assizes in the County aforesaid to be held, 
Ni. Pri.  assigned first on Thursday next after the Feast of Saint John the Apostle, at N. in the County aforesaid, by form of the Statute aforesaid, shall come for default of Jurors of the same Jury of twenty four Knights, because none came; therefore the Sheriff as formerly, 
Alias Distringa●.  is to distrain the Jurors of the same Jury of twenty four Knights; the same day is given as well to the parties aforesaid, as to the aforesaid four Jurors of the first Inquisition aforesaid now appearing: and it is to be known, that the Writ of our Lord the King thereupon, &c. At which said fifteen days, &c. before our Lord the King at Westminster, came as well the aforesaid H. G. of R. Gentleman, as the aforesaid R. M. by their Attorneys aforesaid: and the aforesaid Justices of our Lord the King at the assizes, before whom, &c. have sent hither their Record in these words: 
The return of the Record.  Afterwards, the day and place within contained, before P. A. Knight, and T. B. Justices of our Lord the King, assigned to take Assizes in the County of N. by form of the Statute, &c. came as well the within name A. G. of R. Gentleman, as the within written R. M. by their Attorneys within specified, and the within name N. R. W. H. J. S. and R. R. four of the Jurors of the first Inquisition within specified, in their proper persons likewise came: And hereupon the Jury of the twenty four Knights, whereof within mention is made, being called, in like manner came, who to speak unto the truth of that within contained, 
Verdict in the attaint.  being chosen, tried, and sworn, say upon their Oath, that the within written twelve Jurors of the first Inquisition aforesaid, have made a false Oath in all things, which against the aforesaid H. G. of the within contained they have formerly said, as the aforesaid H. G. hath within alleged: Whereupon the aforesaid H. G. prayeth that it may be enquired by the aforesaid Jury of twenty four Knights, as well of the damages which the same H. by occasion of the false Oath aforesaid hath sustained, as of the costs and charges by him about his svit in this behalf expended, &c. And because the Justices here will advice themselves before they further proceed to that Inquisition, it is directed by the said Justices to the said H. G. that he keep his day within specified, given to him before the Lord our King, &c. wheresoever, 
judgement for the Plaintiff in Attaint.  &c. of hearing their judgement of the Premises, &c. Therefore it is considered, that the aforesaid H. G. of R. Gentleman, shall have again the two hundred and ten marks for damages by the aforesaid Jury of the first Inquisition aforesaid above taxed, if Execution thereof against him the said H. were had: And that he the said H. G. to all things( which by occasion of the false Oath aforesaid he hath lost) be restored, and that the aforesaid twelve Jurors of the first Inquisition aforesaid, shall not from henceforth be brought upon any testimony of truth, and from hence do lose for ever the free Law: And that they forfeit to the Lord the King all their Goods and chattels, and their Lands and Tenements be taken into the Kings hands; and be wasted and extirpated, and that their Wives and Children be there-from amoved: And that as well the same Jurors of the first Inquisition aforesaid, as the said R. M. be taken, &c. Afterwards, to wit, from the day of Easter, in three weeks, in the seventh year of our Lord the King, before the King at Westminster, came the aforesaid W. H. R. F. and R. D. in their proper persons, 
Pardon pleaded by some of the petty Jury.  and rendered themselves to the Prison of the Marshalseys of the King, before the King, by reason of the judgement aforesaid against them upon the Premises rendered, who are committed to the Marshall, &c. And presently they say severally, that our Lord the King that now is, of his especial grace, and of his certain knowledge, and of his own mere motion, and for certain considerations, him the said King especially moving, by his several Letters Patents, hath pardonned, remised, and released to the aforesaid W. H. R. F. and R. D. and to every of them, by what names soever they are called; all forfeitures, Fines, Redemptions, Amerciaments, Destructions; and all Forfeitures of Goods and Chattels, Lands and Tenements, imprisonment of their bodies, and the issues and profits of the said Lands and Tenements, as also all Wastes or Extirpations of the same Lands and Tenements, which to the same King by reason of the judgement aforesaid, or of any other judgement, or of any other Judgments, doth or might pertain, or whatsoever Forfeitures, Fines, Redemptions, Amerciaments, Losses; as also Forfeitures of Goods and Chattels, and the Wastes and Extirpaments, or Extirpations of Lands and Tenements, and Imprisonments of Bodies, which they might, or ought to lose or incur by occasion of the judgement aforesaid, or of any other judgement, or by any other occasion whatsoever, and all other Actions, Executions, Impeachments, and Demands, which against them, or any of them, he had or might have by the occasion aforesaid, or any of them, and all and every the things which to him the said King against them the said W. F. R. F. and R. D. or any of them, doth or might pertain, by occasion of the said judgement, or of any other: And moreover he did will and grant to them the said W. F. R. F. and R. D. that they and every of them to the free Law, as also unto testimony of the truth, and unto all other things which they or any of them by occasion of the said judgement have lost, be, and every of them for the future be restored and invested: And that they have, enjoy; and use all and singular those things from thence for ever, notwithstanding the said Judgments or any of them: And the aforesaid W. bringeth here into Court his Letters Patents, the aforesaid Premises testifying, which follow in these words. Edward by the grace of God, &c. And in like manner the aforesaid R. F. bringeth into Court, &c. And in like manner the aforesaid R. D. brings, &c. By virtue of which Letters Patents of our Lord the King aforesaid, to them the aforesaid W. H. R. F. and R. D. severally in form aforesaid made: 
Allowance of pardon.  They the said W. H. R. F. and R. D. pray severally, that they from the Prison wherein they have been detained, by occasion of the said judgement, may be delivered, &c. And that they of the Premises by the Court here may be dismissed, &c. Whereupon, the Premises being seen, it is considered that the Letters Patents of our Lord the King aforesaid, to the said W. H. R. F. and R. D. be severally allowed, and that they from thence go without day, &c.    

Annuity.  
I. B. lately of C. in the County of L. otherwise called T. B. of L. 
A writ of Annuity brought against a Prebend.  clerk Prebend of the Prebendary of A. in the Cathedrall Church of L. was summoned to answer E. H. Gent. otherwise called E. H. Scholar in Peterhouse, within the University of Cambridge, of a Plea, that he render him 12 l. and 10 s. which are in arrear unto him of the annual rent of 100 s. which he oweth him, &c. And whereupon the said E. by W. I. his Attorney saith; That whereas one Allen Langdale clerk, lately Prebend of the Prebendary of Alderness in the Cathedrall Church of L. Predecessor of the aforesaid T. B. at H. by his certain Writing, bearing date the 20 day of J. in the tenth year of the Queens reign, and delivered to the said E. 
Writing delivered after the day of the date.  the thirtieth day of the said month of J. which the said E. with the Seal of the aforesaid A. signed here in Court, produceth by the name of A. L. clerk, Doctor of Divinity, Prebend of the Prebendary of Aldernesse, in the Cathedrall Church of L. in the County of Stafford, for divers good and valuable considerations, him especially moving had given, granted, and by the same writing did give and grant for him and his Successors to the said Edward, by the name of E. H. scholar, the annual Rent aforesaid, by the name of a certain Annuity or annual Rent of five pounds, of good and lawful money of England, issuing out of all and singular the manors, messages, Lands, Tenements, and Hereditaments belonging, or in any manner pertaining to the Prebend aforesaid, or being part, parcel, or Member of the said Prebendary, to have, receive, and enjoy the aforesaid Annuities or annual rent of one hundred shillings, to him the said E. and his Assigns, for and during the natural life of him the said E. to be paid yearly at the Font-stone, in the Cathedrall Church of Saint Paul in the City of London, at two Terms of the year by equal portions, that is to say, on the seventh day of A. and the twelfth day of O. between the houres of one and three in the afternoon, of each of the said several dayes of A. and O. the first payment thereof to begin the twelfth day of O. then next following the date of the said writing: And if it should happen the aforesaid Annuity or annual Rent of five pounds, or any part or parcel thereof to be behind or unpaid at any of the days aforesaid in which it ought to be paid, the aforesaid A. did further grant for himself and his Successors, that it might be lawful to him the said E. and his Assigns from time to time, during the life of him the said E. to enter into all and singular the aforesaid manors, messages, Lands, Tenements, and Hereditaments, and there from time to time to distrain for all and singular the Arrearages of the same Annuity or annual Rent, and the Distresses there from time to time taken, to led and drive away, and them to retain in his hands until the same E. 
A Proviso, that if the Grantee be preferred, the Grant to be voided.  or his Assigns should be fully satisfied, contented, and paid, of all and singular the Arrearages of the aforesaid Annuity or annual Rent; Provided that if the said E. should at any time from thence be preferred or promoted unto any lively hood or preferment, for and during the life of him the said E. of the clear yearly value of ten pounds and more, of good and lawful money of England, by the aforesaid A. or by the most reverend Father in God R. B. then by Divine permission, Bishop of C. and L. or by the Successors of the said reverend Father, that then and from thenceforth the aforesaid Grant should be voided and of none effect, and the payment of the aforesaid Annuity or annual Rent, should cease and determine, as in the aforesaid Writing more fully it is contained: Which said Gift or Grant of the said annual Rent or Annuity, and all and singular the things in the said Writing contained and specified, the aforesaid R. then Bishop of C. and L. 
Confirmation of the Grant by the Bishop, Patron, &c.  and the true and undoubted Patron of the said Prebendary at H. aforesaid, by his certain writing of confirmation, bearing date the two and twentieth of J. in the year of our Lord God, one thousand five hundred fifty and eight, and delivered to the said E. the last day of J. which the said E. with the Seal of the aforesaid Bishop signed, he in like manner produces in Court, did approve, ratify, and by his pontifical authority ordain, and as much as in the said Bishop was, confirm, as in the said Writing of the aforesaid Bishop more fully appears: which said Gift and Grant of the aforesaid Annuity or annual Rent, and all and singular in the aforesaid Writing of the aforesaid A. contained and specified, J. N. Clerk, at that time, Dean of the aforesaid Cathedrall Church of L. and the Chapter of the same place afterwards, that is to say. 
Confirmation of the Grant by the Dean and Chapter.  The thirtieth of February, in the year of our Lord, one thousand five hundred fifty eight aforesaid, by their certain Writing of confirmation, which the said E. with the common Seal of them the said Dean and Chapter, signed in like manner, here produces in Court, the date whereof is at L. aforesaid, in the Chapter-house of them the said Dean and Chapter, the same third day of February, in the year of our Lord, one thousand five hundred fifty and eight aforesaid, as much as to the said Dean and Chapter did belong, approved and ratified, and by the Tenor of the same Writing of them the said Dean and Chapter, by their Chapter-power confirmed, as in the same Writing, of them the said Dean and Chapter, more fully it is contained: 
Deprivation of the Prebend.  And afterwards the aforesaid A. from the Prebendary aforesaid, for certain causes, was lawfully deprived, after whose said deprivation, one T. B. Bishop of C. and L. the aforesaid Prebendary conferred on T. B. and caused him to be Instituted, Inducted, 
The Defendant made Prebend.  and put into corporal possession of the same Prebendary: And further, the said E. saith, That he hitherto is not, nor hath been, preferred or promoted to any Livelihood or Preferment, for and during the life of him the said E. of the clear yearly value of ten pounds and more, of good and lawful money of England, by the aforesaid A. 
The Grante● not preferred.  or by the aforesaid late Bishop of C. and L. or by the now Bishop: And the said E. further saith, That he by virtue of the said Gift and Grant of the aforesaid A. and by virtue of the aforesaid several confirmations of the aforesaid Bishop, and Dean and Chapter, was seized of the said annual Rent in his Demesne as of Freehold, until the seventh day of April, in the fourth year of the Queen, that the aforesaid T. B. the said annual Rent aforesaid, from him the said E. hath withdrawn, and to render it unto him hath refused, and yet refuseth, whereby he saith, He is damnified, and hath damage to the value of forty pounds; and thereupon he bringeth svit, &c.  
And the aforesaid T. B. by E. C. his Attorney, comes and defends the force and injury when, &c. and saith, That the aforesaid E. H. ought not to have his aforesaid Action against him, because( by protestation he acknowledges no such several confirmations by the aforesaid late Bishop, and the aforesaid Dean and Chapter made, as the aforesaid E. by his Declaration above hath supposed to be made) for Plea he saith, That after the Grant of the yearly rent aforesaid, by the aforesaid A. to the aforesaid E. H. in form aforesaid, supposed to be made; and after the aforesaid confirmation by the aforesaid late Bishop, in form aforesaid, supposed to be made in like manner, to wit, the third of February, in the first year of the Queen, the aforesaid late Bishop conferred the Prebendary aforesaid upon the said A. 
A Traverse, that the Grantor was not at the time of the grant Prebend.  and instituted and inducted him, and put him into corporal possession of the said Prebendary, without that that the aforesaid A. was Prebend of the Prebendary aforesaid, at the time of the making of the said Grant, as the aforesaid E. H. by his Declaration aforesaid hath above supposed: and this he is ready to aver, whereupon he prays Judgement, whether the aforesaid E. ought to have his Action against him, &c.  
And the aforesaid E. 
Issue taken upon the traverse.  says, that he by any thing before alleged, ought not to be debarred from having his Action aforesaid, because he saith, that the aforesaid A. was Prebend of the Prebendarie aforesaid at the time of the Grant aforesaid made, as he by his Declaration aforesaid above hath alleged; and this he preys may be enquired of by the country: And the aforesaid T. B. in like manner; therefore command is given to the Sheriff, that he cause to come, &c.  

G. T. 
An Action of Debt brought by an Executor for an Annuity granted to his Testator out of a Mannor.  lately of N. in the County of H. Esq. was summoned to answer Thomas Mallet, and Isabel his wife, Executrix of the Testament of Y. R. Gentleman, servant of H. D. Knight, Lord D. otherwise called, &c. of a Plea, that he render to them eight pounds which he unjustly detains from them: And whereupon the said T. M. and J. his wife, by J. T. their Attorney say, That whereas one H. D. Lord D.( such a day and year) at T. by his certain Writing, which they the said T. M. and J. with the Seal of him the said H. signed, the date whereof is the same day and year, here produceth in the Court, &c. did give and grant to the aforesaid T. R. in his life-time, by the name of his well-beloved and faithful servant T. R. Gentleman, for his good service before that time done, a certain annuity or annual Rent of eight pounds, issuing out of his Mannor of T. with the Appurtenances in the County of C. to have and receive the aforesaid annuity or annual Rent of eight pounds, to him the said T. R. and his assigns, for the term of his life, at the four principal Terms of the year, that is to say, at the Feasts of the Birth of our Lord, the Annunciation of the blessed Virgin Mary, the Nativity of Saint John Baptist, and Saint Michael the archangel, Angel by equal portions to be paid, and if it should happen the aforesaid annual Rent of eight pounds, to be behind in part or in whole, by one month next after any Feast of the Feasts aforesaid, wherein as aforesaid it ought to be paid, and unpaid, that then it should be lawful for the said T. R. and his assigns into the aforesaid Mannor, and into all his Lands and Tenements, with the Appurtenances in T. aforesaid, to enter and distrain, and the Distresses so there taken, lawfully to drive and carry away, and retain in their hands, until the aforesaid T. R. or his assigns, of the aforesaid Annuity or annual Rent of eight pounds, so being behind, together with the Arrearages of the same( if any such should be) were fully satisfied and paid. Of which said Annuity or annual Rent of eight pounds, in form aforesaid to be receive, the aforesaid H. D. did put the aforesaid T. R. into full possession by the payment of twelve pence sterling, 
Scisin of the Annuity.  which to him the said T. upon the making and sealing of the aforesaid Writing, he did deliver in part of payment of the same Annuity or annual Rent, as by the said Writing may more fully appear: By virtue of which said Gift and Grant, the aforesaid T. R. was of the Annuity or annual Rent aforesaid seized in his Demesne as of Freehold, after which the aforesaid H. of the Mannor aforesaid, with the Appurtenances, did enfeoff one I. T. Esquire, Father of the aforesaid G. whose Heir the aforesaid G. is, to have to the aforesaid I. T. and his Heirs for ever; By virtue of which Feoffment, the said I. 
Feoffment of the Mannor to the Defendants Father.  was of the Mannor aforesaid, with the Appurtenances seized in his Demesne as of Fee; and being so seized, he the said J. of such his Estate of, and in the Mannor aforesaid, with the Appurtenances, dyed seized: After whose death the same Mannor, with the Appurtenances, 
Descent thereof to the Defendant.  descended to the aforesaid G. as son and heir of the aforesaid I. T. By which the aforesaid G. into the Mannor aforesaid, with the Appurtenances did enter, and was, and yet is thereof seized in his Demesne as of Fee; and being so thereof seized, the aforesaid T. R. afterwards, to wit, the twelfth day of, &c. at G. in the County aforesaid, in like manner dyed: 
Death of the Grantor.  And the aforesaid eight pounds of the Arrearages of the Annuity or annual Rent aforesaid, for one whole year, ending at the Feast of Saint Michael the Arch-Angel, next before the said twelfth day of, &c. to the aforesaid T. R. in his life-time were behind unpaid; and the said T. M. and I. say, that at the Parliament of Henry 8. begun, 
Act of Parliament of 31 H. 8. which gives the Action to Executors.  and held at Westminster the twelfth day of April, in the one and thirtieth year of his Reign, and there held and continued by divers Prorogations, until the four and twentieth day of July, in the two and thirtieth year of his Reign, for that by the rule of common Law, Executors or Administrators of Tenants in Fee-simple, Tenants in Fee-tail, and Tenants for term of life, for their Rent-services, Rent-charges, Rent-secks, and Fee-farms, had no remedy to receive such Arrearages of the aforesaid Rents, or Fee-farms as were due to their Testators in their life times, neither whilst the Heirs of such Testators, nor any person having the Reversion of his Estate, could after his decease distrain, or have any legal Action, to levy any such Arrearages of Rents or Fee-farms to the Testator due in his life time, by reason whereof, the Tenants of the Demesnes of such Lands, Tenements, or Hereditaments, out of which such Rents were due and payable, which of right ought to pay their Rents and Farms at such dayes and Terms, at which such Arrearages in their proper hands were due, so that the Executors or Administrators of such persons, unto whom such Rents and Fee-farms were due, could not have or obtain such Arrearages of them towards the payment of the Debts, and performance of the Will of such Testator: For remedy whereof, amongst other things, it was established, ordained, and enacted by authority of the said Parliament, that the Executors and Administrators of every such Person or Persons, unto whom any such Rents or Fee-farms, that then were, or should be due, and unpaid at the time of their death, should and might have an Action of Debt for all such Arrearages, against the Tenant or Tenants, which ought to have paid the said Rents or Fee-farms so being in Arrear, in the life time of the Testator, or against the Executors or Administrators of such Tenants: And in like manner it was further enacted by Authority aforesaid, that if any Person or Persons, which then had, or then after should have any Rent or Fee-farmes, for term of life, or lives, of any Person or Persons, and the said Rent or Fee-farmes which then were, or thenceforth should be due, behind, and unpaid, in the life of such Person or Persons, by whose life or lives the state of the said Rent or Fee-farmes did depend or continue; and after such Person or Persons dyed, then he to whom such Rent or Fee-farmes were due in form aforesaid, his Executors and Administrators might, or should have Action of Debt against the Tenant of the Demesne, who ought to have paid the same when it was first due, and against his Executors and Administrators, as in the said Act more fully is contained, by which the Action accrued after the death of the aforesaid T. R. to her the said Isabel whilst she was sole, and also to the said T. and I. after espousals, between them celebrated, 
Against the Tenant of the Demesnes of the Mannor.  to require and have of the aforesaid G. as of the Tenant of the Demesne of the aforesaid Mannor, with the Appurtenances, by virtue of the said Act of Parliament, the aforesaid eight pounds, yet the aforesaid G. although often required the aforesaid eight pounds to the aforesaid T. R. in his life time, or to the said I. after the death of the said T. whilst she was sole, or to the said T. M. and I. after the Espousals betwixt them celebrated, hath not rendered, but it to render to them hath denied, and the same to the said T. and I. to render doth yet deny, and unjustly detains, whereupon they say they are damnified, and have damage to the value of twenty Marks, and thereupon they bring their svit, &c. And they bring into Court, the Letters testamentarie of the aforesaid T. R. by which it sufficiently appears to the Court here, the said J. to be Executrix of the Testament aforesaid, and thereof to have Administration, &c.  
And the aforesaid G. by N. R. his Attorney, 
The Defendant pleads that he detains not the Rent.  cometh and defendeth the force and injury, when, &c. and saith, That he doth not detain from the aforesaid T. and J. the aforesaid eight pounds, nor any penny thereof, in form wherein the said T. and J. have above against him declared: And of this he puts himself upon the Country, and the aforesaid T. and J. in like manner; Therefore command is given to the Sheriff, that he cause to come, twelve, &c.   

T. G. lately of &c. and E. his wife, otherwise called E. &c. 
Westmerland ss. Debt for annuity against the husband and wife by the grant of the wife, Mic 18, & 19. Eliz. Rot. 926  was summoned to answer R. B. of a Plea, that they render him twenty pounds which are arrear unto him, of the yearly rent of ten pounds which they owe him, &c. And whereupon the same R. by N. E. his Attorney says, That whereas the aforesaid E. whilst she was sole,( such a day, year, and place) by her certain Writing, which he the said R. with the Seal of the aforesaid E. signed here, brings into Court, whose date is the same day and year, for divers good causes and considerations, her the said E. moving, did grant unto him the said R. the aforesaid yearly rent of ten pounds, to hold, and yearly to receive the aforesaid annual rent to him the said R. immediately after the death of one R. P. for and during the life of the aforesaid E. from thence yearly at the Feast of Pentecost and Saint Martin in the Winter; by equal portions to be paid, as in the same writing more fully is contained: And he the said R. B. says, That the aforesaid R. P. afterwards, that is to say( Such a day, year, and place) in the County aforesaid died, yet the aforesaid T. and E. the aforesaid annual rent of ten pounds for two years, next before the day of the issuing forth of the original Writ, of him the said R. B. to wit( such a day and year) have withholden, and the same to him to render have denied, and as yet deny; whereupon he saith, he is damnified, and hath damage, to the value of twenty pounds, and thereupon he brings his svit, &c.  
And the aforesaid T. and E. by R. L. their Attorney, 
Judgement by Not informed, &c.  come and defend the force and inujury, when, &c. And the same Attorney says, That he is not informed by them the said T. and E. his Clients, of any answer, &c. And nothing, &c. by which, &c. Therefore it is considered, that the aforesaid R. recover against the aforesaid T. and E. the annual rent aforesaid, and the arrearages of the same, as well before the issuing forth of the original Writ of him the said R. as after incurred, which in the whole, amount unto thirty pounds, as also his damages, by reason of the withholding of the same yearly rent, unto twenty shillings, to him the said R. of his assent by the Court here adjudged: And the aforesaid T. and E. in mercy, &c.   

G. S. &c. 
For rent behind upon an annuity granted for counsel.  to answer H. A. Esquire of a Plea, that he render unto him eleven pounds which are behind to him of a yearly rent of forty shillings, which to him they owe, &c. And whereupon, &c. he saith, That whereas the said Defendant( such a day and year) at T. by their certain Writing, which the same Plaintiff with the seals of the aforesaid Defendants assigned, here in Court produceth, the date whereof is the same day and year, for, and in consideration of the counsel of him the said Plaintiff before had, and to them given, and from thence to be had and given to them, and either of them, upon reasonable request, by them the aforesaid Defendants, or either of them, at all times, and from time to time, during the natural life of him the said Plaintiff, and of the said Defendants, and either of them, in their, or either of their businesses, as cause should require to be done, have given and granted to the said Plaintiff, the aforesaid annuity of forty shillings, to have and receive to the said Plaintiff and his assigns, for and during the natural life of him the said Plaintiff, if the aforesaid Defendants, or either of them should so long live, to be paid to the said Plaintiff at the then dwelling house of the aforesaid Plaintiff in L. in the County aforesaid, upon the Feasts, &c. by equal portions, as by the same Writing more fully appeareth: The aforesaid Defendants have with-drawn from the said Plaintiff the aforesaid yearly rent for five years, and a half of one year, which ended at the Feast of Saint John the Baptist next before the day of the issuing forth of the original Writ of him the said Plaintiff,( that is to say) such a day and year, and have denied to render to him the same, and yet do deny, whereupon, &c.  
And the said Defendants come, 
The Defendant asked Coansell of the Plaintiff, and the refused to give it.  &c. when, &c. and say, That the said Plaintiff ought not to have or maintain his Action, &c. Because they say, That the annual rent aforesaid, was granted to the aforesaid Plaintiff, for his good counsel to them the aforesaid Defendants bestowed, and afterwards to be bestowed, as the aforesaid Plaintiff hath above alleged: And the said Defendants further say, That at the time of the Grant of the annual rent aforesaid, the aforesaid Plaintiff was a man learned in the Common Law of this Nation: And that the said Defendants, for the counsel of the said Plaintiff in that Law before bestowed, and from thence afterwards to be bestowed, made that Writing to the said Plaintiff, and that the aforesaid Defendants( such a day and year) at W. in the County aforesaid, did request the aforesaid Plaintiff to give to the said Defendants his counsel in the Law, for defence of a certain Action of Ejectment of Farm, against them the said Defendants at the svit of one B. W. in the Court of the said Keepers, at the Pleas before them the said Keepers at Westminster, in the County of Middlesex, then prosecuted, which to do, the aforesaid Plaintiff of the counsel of them the said Defendants wholly refused, and this, &c. if Action, &c.  
Ought not to be precluded; Because he saith, 
rejoinder.  That the said Defendants did not request him the said Plaintiff to give to them the said Defendants his counsel in Law, for defence of the aforesaid Action of Ejectment of Farm, as the said Defendants have above alleged, and this he prayeth, &c. twelve, &c.    

Avowry.  
ANd the aforesaid J. L. by N. his Attorney, and the same N. 
An Avowry for Service and svit at the Mill.  in proper person, come and defend, &c. And the same J. L. doth well avow; and the same J. L. and the aforesad N. as the Bailiffs of H. T. and R. T. well aclowledge the taking of the cattle aforesaid, in the aforesaid place in which, &c. And justly, &c. because they say, that the same place in which the taking of the cattle was supposed to be done containeth, and the aforesaid time wherein the taking of the cattle was supposed to be done, and did contain in it ten acres of Land, with the Appurtenances, in M. aforesaid: And that long before the said time in which, &c. one J. T. was seized of one furlong of land, containing by estimation, thirty acres, and of three other acres of land, with the Appurtenances, in M. aforesaid, whereof the aforesaid ten acres of land, with the Appurtenances are, and the aforesaid time wherein, &c. and also from the time whereof the memory of man is not to the contrary, were parcel in his Demesne as of Fee: And the same Tenements, with the Appurtenance, whereof, &c. he held of the same J. L. and of the aforesaid H. T. and R. T. as of their Mannor of T. with the Appurtenances, in the County aforesaid, by Fealty, and the Rent of twenty shillings, at four terms of the year,( that is to say) at the Feasts, &c. by equal portions yearly to be paid: As also by doing service thereupon, to them the said J. L. H. and R. of two Harvest-days work yearly, at his Mannor aforesaid, and svit unto his Mill, within his Mannor aforesaid, and svit unto the Court of the same Mannor, twice every year,( that is to say) at the Feasts, &c. yearly to be held, of which said services the said J. L. H. and R. were seized by the hands of the aforesaid J. T. within fifty years last past, before the said time wherein, &c. as by the hands of their very Tenant,( that is to say) of the Fealty and svit of the Court and Mill aforesaid, as of Fee and Right, and of the rent, and two Harvest-days work aforesaid, in his Demesne as of Fee: And the aforesaid J. T. of the Tenements aforesaid, with the Appurtenances, whereof, &c. in form aforesaid, being seized, the aforesaid J. T. afterwards, and before the said time wherein, &c. at M. aforesaid, of such his Estate, died thereof seized; after whose death the same Tenements with the Appurtenances, whereof, &c. did descend to one N. T. as Son and Heir of the aforesaid J. T. whereby the same N. before the aforesaid time wherein, &c. into the Tenements aforesaid, with the Appurtenances, whereof, &c. did enter, and was thereof seized in his Demesne, as of Fee; and so being thereof seized, the same N. before the said time wherein, &c. at M. aforesaid, took to husband the aforesaid J. P. the Plaintiff, by which the said J. P. and N. were seized of the Tenements aforesaid, with the Appurtenances, whereof, &c. in their Demesne, as of Fee, in right of the same N. And being so thereof seized, the same J. L. and the aforesaid H. and R. before the said time wherein, &c. that is to say,( such a day and year) at T. aforesaid, requested the aforesaid Plaintiff to do to them the said J. L. H. and R. two Harvest-days work; but this to do, the aforesaid Plaintiff, then and there altogether refused: And because the aforesaid two Havest-days work, after request aforesaid, to the aforesaid Plaintiff, by them the said J. L. H. and R. in form aforesaid made to the same J. L. H. and R. were not performed: And also because the aforesaid Plaintiff hath withdrawn his svit unto his Mill aforesaid, for two whole years, ended before the said time wherein, &c. the same J. L. in his own right doth well avow; and the same J. L. and N. as the Bailiffs of the aforesaid H. and R. doth well aclowledge the taking of the cattle aforesaid, in the aforesaid place in which, &c. for the aforesaid two Harvest-days work, to them the said J. L. H. and R. so unperformed; and for the svit unto the Mill aforesaid, by the aforesaid Plaintiff, in form aforesaid withheld: And justy, &c. upon the aforesaid Plaintiff, as upon the rightful Tenant of them the said J. L. H. and R. in right of the aforesaid N. and within their Fee, &c.  
And the aforesaid Plaintiff saith, 
A bar to the Avowry.  That neither the aforesaid J. L. by the reason before alleged, ought to avow the taking of the cattle aforesaid, in the aforesaid place wherein, &c. nor the same J. L. and the aforesaid N. by the same reason, as the Bailiffs of the aforesaid H. and R. ought to aclowledge the taking of the same cattle in the aforesaid place in which, &c. to be just, because by protestation, he says, That there is no such Mannor of T. in the County aforesaid, as they the said J. L. and N. in their Avowry and Cognizance aforesaid have above alleged: For Plea, he saith, That long before the said time of taking the cattle aforesaid, the aforesaid J. T. was seized of the Tenements aforesaid, with the Appurtenances whereof, &c. in his Demesne as of Fee, and being so seized thereof before the said time of the taking of the cattle aforesaid, at M. aforesaid, of such his State died seized, after whose death, the Tenements aforesaid, whereof, &c. amongst others, did descend to the aforesaid N. as to the Daughter and heir of the aforesaid J. T. by which the same N. before the said time wherein, &c. into the Tenements aforesaid, with the Appurtenances, whereof, &c. did enter, and was thereof seized in her Demesne as of Fee; and being so thereof seized, the same N. before the said time, wherein, &c. At M, aforesaid, took to Husband him the said Plaintiff, &c.( As above) by which the said Pliantiff and N. were seized of the Tenements aforesaid, with the Appurtenances, whereof, &c. in their Demesne as of Fee, in Right of the said N. And being so thereof seized, the same Plaintiff before the said time, wherein, &c. put his cattle aforesaid, into the aforesaid place, in which, &c. to feed upon the grass then thereupon growing; And the same cattle were in the said place wherein, &c. feeding upon the grass then thereupon growing, until the aforesaid I. L. and N.( such a day and year aforesaid) at M. aforesaid, in the aforesaid place, called P. &c. took the same cattle of him the said Plaintiff: And them unjustly detained, 
The Traverse of the tenor.  against Sureties and Pledges, until, &c. as he above against them doth complain, without that, that he and the aforesaid N. held the Tenements aforesaid, with the Appurtenances, whereof, &c. of the aforesaid I. L. H. and R. as of the aforesaid Mannor of T. with the Appurtenances, in the County aforesaid, by Fealty, and the Rent of twenty shillings, at the four terms of the year, that is to say, at the Feasts, &c. by equal portions, yearly to be paid, as is also by doing service thereof to the aforesaid I. L. H. and R. of two Harvest dayes work yearly, at their Mannor aforesaid, and svit unto their Mill aforesaid, and unto the Court of the same Mannor, twice by the year, that is to say, at the Feasts, &c. yearly to be held, as the aforesaid I. L. and N. have above in their Avowry and Conuzance aforesaid alleged; and this he is ready to aver: Wherefore for that the aforesaid I. L. and N. the taking of the cattle aforesaid, in the aforesaid place in which, &c. have above acknowledged; the said Plaintiff demands judgement, and his damages, by reason of the taking and unjust detaining of the same cattle, to be adjudged unto him, &c.  
And the aforesaid Defendants as formerly, say, 
Issue upon the Traverse.  That the said Plaintiff and N. do hold the Tenements aforesaid, with the Appurtenances, whereof, &c. of the aforesaid I. L. H. and R. as of their aforesaid Mannor of T. with the Appurtenances in the County aforesaid by Fealty, and the rent of twenty shillings at four terms of the year, that is is to say, at the Feasts, &c. by equal portions, yearly to be paid: As also by the doing service thereof to the aforesaid I. L. H. and R. of two Harvest dayes work yearly at their Mannor aforesaid, and svit unto their Mill aforesaid, and at the Court of the same Mannor, twice by the year, that is to say, at the Feasts, &c. yearly to be held, as they above have alleged, and of this they put themselves upon the Country. And the aforesaid Plaintiff in like manner: Therefore command is given to the Sheriff, that twelve, &c.  

R. T. 
Replevin 38.  the Elder was summoned to answer R. T. the younger, of a Plea, wherefore he took the cattle of him the said R. T. the younger, and them unjustly detained against Sureties and Pledges, until, &c. And whereupon the aforesaid R. T. the younger, by J. D. his Attorney complaineth, that the aforesaid R. T. the elder( such a day and year) at O. in a certain place called E. took the cattle, that is to say, two Horses of him the said R. T. the younger, and them unjustly detained against Sureties and Pledges until, &c. whereupon he saith he is damnified, and hath damage to the value of ten pounds: And thereupon he bringeth svit. &c.  
And the aforesaid R. T. 
Avowry for a Rent-charge upon Prescription to distrain.  the elder, by T. C. his Attorney, comes and defends the Force and Injury, when, &c. And well avows the taking of the said cattle in the aforesaid place in which, &c. and justly, &c. Because he says, that the same place in which the taking of the said cattle is supposed to be done containeth, and at the aforesaid time, when the taking of the said cattle was supposed to be done, did contain in itself four Acres of Land, with the Appurtenances in C. aforesaid: And that he the said R. T. the elder, before the same time wherein, &c. was seized in his Demesne as of Fee, of a certain annual Rent of two shillings and four pence, issuing, and yearly to be received of and in the aforesaid four Acres of Land with the Appurtenances, at the Feasts of Saint Michael the archangel, and the Annunciation of the blessed Virgin Mary, by equal portions to be paid, and there payable: And the same R. T. the elder, and his Ancestors, and all those whose estate his Ancestors had in the Rent aforesaid, from the time whereof the contrary is not extant in the memory of man, were seized of the same Rent issuing, and to be received of and in the aforesaid four Acres of Land, with the Appurtenances, at the Feasts aforesaid, by equal Portions, by the hands of his Tenant of the Freehold of the said four Acres of Land, with the Appurtenances, for the time being to be paid: And by the same whole time were used to distrain in the aforesaid four Acres of Land, with the Appurtenances, for the Arrearages of the Rent aforesaid, after any Feast of the Feasts aforesaid remaining in arrear; And because ten shillings and six pence of the Rent aforesaid, for four years and half a year ended, at the Feast of Saint Michael the Arch-Angel, next before the aforesaid time, wherein, &c. to him the said R. T. the elder, at the same time wherein, &c. were in arrear, and unpaid, he the said R. T. the elder for the same ten shillings and six pence of the Rent aforesaid, to him the said R. T. the elder, so being in arrear, doth well avow the taking of the cattle aforesaid, in the place aforesaid, in which, &c. And justly, &c. As in the Lands of him the said R. T. the elder, in form aforesaid, liable and chargeable with distress.  
And the aforesaid R. T. the younger saith, That the aforesaid R. T. 
A Plea in Bar to the Avowry.  the elder, for the reason before alleged, the taking of the aforesaid cattle, in the aforesaid place, wherein, &c. ought not to avow to be just, because he saith, that he before the aforesaid time of the taking of the cattle, and the same time wherein, &c. was seized of the aforesaid four Acres of Land, with the Appurtenances in C. aforesaid, called C. in which, &c. in his Demesne as of Fee, clearly discharged of the aforesaid annual Rent of two shillings and four pence; without this, that the aforesaid R. T. the elder, and his Ancestors, 
A Traverse of the Seisin of the Rent and Prescription.  from the time whereof the contrary is not extant in the memory of man, were seized of the aforesaid annual Rent of two shillings and four pence, issuing, and yearly to be received of and in the aforesaid four Acres of Land, with the Appurtenances: And by the same whole time were used to distrain upon the aforesaid four Acres of Land, with the Appurtenances, for the arrearages of the same, as the aforesaid R. T. the elder hath above alleged, and this he is ready to aver; wherefore for that the aforesaid R. T. the elder, the taking of the cattle aforesaid, in the place aforesaid, in which, &c. hath above acknowledged the same R. T. the younger prayeth, judgement and his damages, by occasion of the taking and unjust detaining of those cattle to be adjudged unto him.  
And the aforesaid R. T. the elder, as formerly, saith, That he and all his Ancestors, 
The Issue taken upon a Seisin and Prescription.  from the time whereof the contrary is not extant in the memory of man; were seized of the aforesaid annual Rent of two shillings and four pence, issuing, and yearly to be received, of and in the aforesaid four Acres of Land with the Appurtenances: And by the same whole time were used to distrain upon the aforesaid four Acres of Land with the Appurtenances, for the Arrearage of the same, as he above hath alleged: And upon this he puts himself upon the Country: And the aforesaid R. T. the younger in like manner: Therefore command is given to the Sheriff, that he cause twelve, &c.   

I. N. was summoned to answer W. D. of a Plea; wherefore he took the cattle of him the said W. and them unjustly detained, 
Replevin.  against Sureties and Pledges, &c. And whereupon the same W. by I. D. his attorney, complaineth that the aforesaid J. N.( such a day and year) at R. in a certain place called E. took the cattle, that is to say, five Heifers, and two Bullocks, of him the said W. and them unjustly detained, against Sureties and Pledges, until, &c. Whereupon he saith, that he is damnified, and hath damage to the value of twenty pounds: And thereof he bringeth svit, &c.  
And the aforesaid J. 
An Avowry of taking the cattle damage-feasant.  by R. F. his Attorney, comes and defends the force and injury, when, &c. And as the Bailiff of J. E. aknowledgeth the taking of the aforesaid cattle, in the aforesaid place, in which, &c. And justly. &c. Because he saith, That the same place in which the taking of the cattle aforesaid is supposed to be done, containeth, and the aforesaid time of the taking aforesaid, above supposed to be done, did contain in it, sixteen acres of land, with the Appurtenances in R. aforesaid, which said sixteen acres of land, with the Appurtenances are, and the aforesaid time of taking the aforesaid cattle above supposed to be done, were the sole and free Tenement of the said J. E. And because the cattle aforesaid, the aforesaid time, wherein, &c. were in the aforesaid place, in which, &c. feeding upon the grass growing thereon, and doing damage there, the same J. as Bailiff of the aforesaid J. E. well acknowledgeth the taking of the aforesaid cattle, in the aforesaid place, in which, &c. and justly, &c. doing damage there, &c.  
And the aforesaid W. 
A Plea in bar to the Avowry by the Guardian in Socag●.  saith, That the aforesaid J. for the reason before alleged, as Bailiff of the aforesaid J. E. ought not to aclowledge the taking of the aforesaid cattle, in the aforesaid place in which, &c. to be just, because he saith, That before the aforesaid time of the taking aforesaid, and long before, the said J. E. had any thing in the aforesaid sixteen acres of land, with the Appurtenances: One R. G. was seized of the Mannor of H. with the Appurtenances in the County aforesaid, whereof the aforesaid place in which, &c. is, and the aforesaid time of the taking aforesaid, was parcel in his Demesne as of Fee: And being so thereof seized, he held the Mannor aforesaid, with the Appurtenances, whereof, &c. of one B. W. Gentleman, as of his Mannor of L. in the County aforesaid, in Socage, that is to say, By fealty, and the rent of twenty pence by year, every year, at the Feast of Saint Michael the Arch-angel, yearly to be paid, as also by the service of doing svit to the Court of the said B. of his aforesaid Mannor of L. from three weeks to three weeks, at the aforesaid Mannor, yearly to be held; and the same R. of the Mannor of H. aforesaid, with the Appurtenances, whereof, &c. being so seized, died thereof seized, after whose death, the said Mannor, with the Appurtenances, whereof, &c. descended to the aforesaid J. E. as to the daughter and heir of him the said R. the same J. E. being then within the age of fourteen years, that is to say, Of the age of twelve years: And the said W. is a near friend of Kindred to the said J. E. that is to say, The brother of elinor, the wife of the aforesaid R. C. and mother of the aforesaid J. E. to whom the aforesaid Mannor o● H. with the Appurtenances, whereof, &c. cannot from the aforesaid J. E. by hereditary right descend, by which the custody of the aforesaid Mannor of H. with the Appurtenances, whereof, &c. and of the aforesaid J. E. until the lawful age of fourteen years, of her the said J. E. doth pertain, by which the said W. the aforesaid time of taking aforesaid, was of the custody of the said Mannor of H. with the Appurtenances, whereof, &c. And of the aforesaid J. E. possessed; for that at the same time in which, &c. The said J. E. was within the age of fourteen years: And being so thereof possessed afterwards, and before the aforesaid time of taking aforesaid, he put his aforesaid cattle, in the aforesaid place, which, &c. to feed on the grass thereupon then growing: which said cattle were in the aforesaid place, in which, &c. feeding upon the grass then growing, until the aforesaid J. the day and year above said, in the Declaration above specified at R. aforesaid, took the aforesaid cattle of him the said W. and them unjustly detained, against Sureties and Pledges, until, &c. as the said W. against him complains: And this he is ready to aver, whereupon for that the aforesaid J. above acknowledges the taking of the aforesaid cattle, in the aforesaid place, in which, &c. The said W. preys Judgement, and his damages by occasion of the taking, and unjust detaing of the aforesaid cattle, to be adjudged unto him, &c.  
And the aforesaid J. as formerly, saith, 
The Traverse of the tenor in Socage.  That the aforesaid fifteen acres of land, with the Appurtenances, are, and at the aforesaid time of taking aforesaid, above supposed to be done, were the sole and Free-hold of the aforesaid J. E. as he before hath alleged: without that, that the aforesaid R. held the aforesaid Mannor of H. with the Appurtenances, whereof, &c. of the aforesaid B. W. as of his Mannor of L. in Socage; that is to say, By fealty and the rent of twenty pence by year, every year; at the Feast of Saint Michael the Arch-angel, yearly to be paid, and by the service of doing svit at the Court of the aforesaid B of his aforesaid Mannor of L. from three weeks to three weeks, at the Mannor aforesaid, to be held yearly, as the aforesaid W. hath above alleged: and this he is ready to aver, whereupon he preys Judgement, and the return of his cattle aforesaid, together with his damages to him the aforesaid J. E. to be adjudged, &c.  
And the aforesaid W. as formerly, saith, That the aforesaid R. C. 
Issue upon the Treverse.  held the aforesaid Mannor of H. with the Appurtenauces, whereof, &c. of the aforesaid B. W. as of his Mannor of L. in Socage, that is to say. By fealty, and the rent of twenty pence by year, each year, at the Feast of Saint Michael the Arch-angel, yearly to be paid, as also by the service of doing svit at the Court of the aforesaid B. of his aforesaid Mannor of L. from three weeks to three weeks, at the said Mannor yearly to be held, as he hath before alleged: And this he preys may be inquited of by the country, and the aforesaid J. in like manner; Therefore command is given to the Sheriff, that he cause to come, twelve, &c.   

AND the aforesaid R. 
An Avowry for a Rent-charge.  by J. M. his attorney, comes, &c. And as the bailiff of H. H. Gentleman, well acknowledgeth the taking of the cattle aforesaid, in the aforesaid place, in which, &c. And justly, &c. Because he saith, the same place containeth, and the aforesaid time wherein the taking of the cattle aforesaid was supposed to be done, did contain in it eighty Acres of Land, with the Appurtenances in M. aforesaid, parcel of the Mannor of M. with the Appurtenances in the County aforesaid, called M. Park, of which said Mannor, with the Appurtenances, whereof, &c. one John, Duke of S. was seized in his Demesne as of Fee: And so being thereof seized, the said D. before the said time, in which, &c. To wit( such a day, year, and place) by his certain Writing indented, which he the said R. A. with the Seal of him the said D. signed here, brings into Court, the Date whereof is the same day and year, of the assent of one H. H. Knight, deceased, granted, and by the said Writing confirmed unto the aforesaid R. H. a certain Annuity or annual Rent of thirteen pounds of lawful money of England, yearly to be received to him the said R. H. and the Heirs Males of his body, lawfully begotten, issuing out of the aforesaid manors of M. B. and B. in the County aforesaid; Which said manors, Land, and Tenements, and other the Premises, with their Appurtenances, were lately the aforesaid J. H. in the Villages and Territories aforesaid, to have, levy, and receive the aforesaid Annuity or annual Rent of thirteen pounds aforesaid, to the aforesaid R. H. and the Heirs Males of his Body lawfully begotten, at two Terms of the year; that is to say, at the Feasts, &c. yearly by equal portions to be paid. And further by the aforesaid Writing, he granted to him the said R. That as often as it should happen, the aforesaid Annuity or annual Rent of thirteen pounds aforesaid, to him the said R. and the Heirs Males of his Body lawfully begotten, to be in arrear in part or in whole, by six weeks after any Feast of the Feasts aforesaid, wherein as aforesaid it ought to be paid: That so often it should be lawful to them the said R. H. and the Heirs Males of his Body lawfully begotten, into the said Mannor, Lands and Tenements aforesaid, and into every parcel thereof, as well for the said annual Rent of thirteen pounds, as for six shillings and eight pence, Nomine poenae granted to distrain, and such Distresses so taken from thence, to led, chase, and carry away, and to retain in his power until as well the aforesaid annual Rent of thirteen pounds, as six shillings and eight pence, Nomine poenae, as aforesaid granted, should be fully satisfied and paid to them, as in the said indented Writing more fully is manifest: By virtue of which said Grant and Confirmation, the aforesaid R. H. was seized of the aforesaid annual Rent, with the Appurtenances in his Demesne as of Fee-tail, that is to say, to him and the Heirs Males of his Body lawfully begotten: And the said R. being so thereof seized, before the said time wherein, &c. The said R. had Issue of his Body lawfully begotten, one H. H. his Son and Heir Male: And after the aforesaid R. at E. in the County of N. dyed, after the death of which said R. H. and before the said time wherein, &c. the said Rent to the aforesaid H. H. as Son and Heir Male of the body of him the said R. lawfully begotten did descend, by which the same H. the Rent aforesaid received, and was thereof seized in his Demesne as of Fee-tail, by virtue of the Grant aforesaid: And being so thereof seized, the same H. afterwards and before the said time wherein, &c. had Issue the aforesaid H. H. his Son and Heir Male of his body lawfully begotten; and afterwards the said H. at E. in the aforesaid County of N. in like manner dyed. After the death of which said H. H. and before the said time wherein, &c. the said Rent did descend to the aforesaid Henry H. as Son and Heir Male of the body of the said Hugh, lawfully begotten, by which the said Henry the Rent aforesaid received, and was thereof seized in his Demesne as of Fee-tail, by virtue of the Grant and Confirmation aforesaid: And because six pounds and ten shillings of the Rent aforesaid, for half a year, ending at the Feast of Saint Michael( in such a year) and for the space of six weeks after the same Feast, as also six shillings and eight pence, Nomine poenae, by the aforesaid writing granted, for with-holding of the aforesaid Annuity, for the space of the aforesaid six weeks, to him the said H. were in arrear, and as yet remain unpaid, the aforesaid R. well avows the taking of the cattle aforesaid, in the aforesaid place, in which, &c. as in the Mannor and Tenements of him the said H. in form aforesaid, charged and liable to D●stresse, as well for the aforesaid six pounds and ten shillings of the Rent aforesaid, as also for the aforesaid six shillings and eight pence, Nomine poenae, in form aforesaid granted, and so being in arrear in form aforesaid: And justly, &c. And this he is ready to aver; whereupon he demands judgement, and the return of the cattle aforesaid, together with, &c. to be adjudged unto him, &c.  
And the aforesaid J. saith, that the aforesaid R. A. by the reason before alleged, as bailiff of the said H. H. ought not to aclowledge the taking of the cattle aforesaid, in the aforesaid place, in which, &c. to be just; because he says, That long before the aforesaid time, wherein the taking of the cattle aforesaid is supposed to be done; one W. R. was seized of the aforesaid eighty Acres of Land, with the Appurtenances, in his Demesne as of Fee: And being so thereof seized, he the said W. afterwards, and before the aforesaid time wherein, &c. To wit( such a day, year, and place) did demise the aforesaid eighty Acres of Land, with the Appurtenances, in which, &c. to him the said J. to have and to hold, to him and his assigns, from the said( such a day and year) aforesaid, unto the end and Term of five years then next following, and fully to be complete: By virtue of which said Demise, the aforesaid J. into the said eighty acres of Land with the Appurtenances, in which, &c. did enter, and was, and yet is thereof possessed: And so being thereof possessed, he the said J. saith, That he holdeth, and the aforesaid time wherein, &c. He held the aforesaid eighty acres of Land, with the Appurtenances, in which, &c. for term of years, the Reversion thereof, after the same Term completed, to the aforesaid W. and his Heirs, in form aforesaid belonging; without the which said W. 
A prayer in aid by the Tenant for term of years of him in Reversion.  he the said I. cannot answer the aforesaid R. to his Avowry aforesaid, nor bring the said Plea thereupon into judgement, and preys aid of the aforesaid W. and it is granted him, &c. Therefore command is given to the Sheriff, that he summon by good summoners the aforesaid W. R. That he be here in 8 dayes of Saint hilary, to answer the aforesaid R. A. together with the aforesaid I. of the aforesaid Plea, if, &c. The same day is given as well to the aforesaid R. as to the aforesaid J. 
An essoin cast, by him prayed in aid.  here, &c. At which d●y here came as well the aforesaid J. as the aforesaid R. A. by their Attorneys aforesaid: And the foresaid W. summoned, &c. caused himself to be essoined, of his ill coming against the aforesaid R. upon the aforesaid Plea: And had thereupon day by his essoin here, until fifteen dayes after Easter then next following: The same day is given as well to the aforesaid I. as to the aforesaid R. here, &c. At which day here came as well the aforesaid R. A. by his Attorney aforesaid, as the aforesaid W. R. by I. R. his Attorney: 
essoin for the Plaintiff.  And the aforesaid J. P. in like manner caused himself to be essoined of his ill coming against the aforesaid R. A. of the aforesaid Plea; and had day thereupon by his essoin here, until five weeks after Easter then next following: The same day is given as well to the aforesaid R. as to the aforesaid W. R. who then appeared here by the aforesaid J. R. his Attorney, as it appears in Easter Term last past, by the Essoyns, &c. At which day here came as well the aforesaid J. P. and R. A. by their Attorneys aforesaid, as the aforesaid W. R. by J. R. his Attorney aforesaid: And he the said W. R. freely joins himself to the aforesaid J. in aid against the aforesaid R. A. of the aforesaid Plea: And upon this, as well the aforesaid J. P. as the aforesaid W, who joins himself, &c. says that the aforesaid R. A. the taking of the cattle aforesaid, in the aforesaid place called M. ought not to avow to be just, 
T●averse.  because he saith, that the aforesaid( such a day and year) in the Avowry aforesaid specified, one J. S. was seized in his Demesne as of Fee, of, &c. in the aforesaid eighty Acres of Land, called M. Park, with the Appurtenances; without that, that the aforesaid Duke of S. had any thing in the aforesaid 80 Acres of Land, with the Appurtenances, called M. at the time of the Grant of the said Annuity or annual Rent aforesaid, in manner and form aforesaid made, as the aforesaid R. A. hath above alleged: And this he is ready to aver, whereupon he demands judgement, and his damages, by reason of the taking and unjust detaining of the cattle aforesaid to be adjudged unto him, &c. 
Issue upon the Traverse.    

And the aforesaid R. as formerly saith, That the aforesaid Duke was of the aforesaid eighty Acres of Land, with the Appurtenances called M. P. seized in his Demesne as of Fee, at the aforesaid time of the Grant made of the said Annuity or annual Rent aforesaid, as he above hath alleged: And upon this he puts himself upon the Country, and the aforesaid W. R. who joins himself, &c. in like manner: Therefore command is given to the Sh. that he cause to come, 12 &c,  
AND the aforesaid R. by I. his Attorney, 
An Avowry for an Amerciamen● in a court Baron, Easter Term, 18 El. the Queen, Rot. 1072, 276. A.  comes and defends the force and injury when, &c. And as the bailiff of S. and R. his Wife, doth well aclowledge the taking of the aforesaid Cow in the aforesaid place, in which, &c. And justly, &c. Because he saith, that long before the said time, wherein the taking of the Cow aforesaid was supposed to be done, the aforesaid S. and R. were seized of the Mannor of R. with the Appurtenances in the County aforesaid, in their Demesne as of Fee, in right of the said R. And that the aforesaid Plaintiff before the said time, wherein, &c. was inhabiting and residing within the Mannor aforesaid, and divers dayes and times before the said time, in which, &c. did toothache the Common in the Pastures or Fields of R. aforesaid, with his cattle: And the aforesaid Defendant saith, That before the aforesaid time, wherein, &c. That is to say, at the Court-Baron of the aforesaid S. and R. of their Mannor aforesaid, at R. aforesaid( such a day and year) held before W. B. then Steward of the Court of them the said S. and R. of their Mannor aforesaid, it was presented by J. H. R. S. and others, then and there sworn, that the aforesaid Plaintiff, had over-charged the Common with his cattle in a certain Field called R. within the Precinct of the Mannor aforesaid, to the damage of the Lord of the same Mannor, and of his neighbours: For which default, the aforesaid Plaintiff, then and there, by the Homage of the Court aforesaid was amerced, which said Amerciament, by I. H. R. S. I. B. and I. F. then Afferors of the same Court, thereunto chosen and there sworn, was affered and taxed unto five shillings: And that the aforesaid W. B. Steward of the Court aforesaid before the said time, wherein, &c. at R. aforesaid, did extract out of the Issue Rolls of the Mannor aforesaid, the aforesaid five shillings, and that extract then and there, did deliver to him the Defendant, and commanded him to receive of the aforesaid Plaintiff, the aforesaid five shillings: And the same Defendant by virtue of the Extract and Precept aforesaid, as bailiff of the aforesaid S. and R. of their Mannor aforesaid, and of the Court Baron aforesaid, at R. aforesaid, 
Request of payment and refusal.  did request the aforesaid Plaintiff to pay unto him the said Defendant the same five shillings; which said five shillings the Plaintiff then and there altogether refused to pay unto him the Defendant: And the same Defendant further saith, That the aforesaid S. and R. and all they whose estate the same S. 
Prescription to distrain.  and R. now have, and the aforesaid time wherein, &c. had in the Mannor aforesaid, with the Appurtenances, from the time whereof the memory of man is not to the contrary, were used to distrain for all Amerciaments and Punishments, forfeited, assessed, and imposed upon any the Tenants or Inhabitants, or Residents within the Mannor aforesaid, at the Court-baron within the Precinct of the Mannor aforesaid, held for all manner of Trespasses, over-charging of the Common of Fields or Pasture, being within the Precinct of the same Mannor, and not being taxed above forty shillings, as also for all other Offences within the aforesaid Mannor done or committed by any Tenant residing, or inhabiting within the Precinct of the same Mannor at every Court-baron, within the Mannor aforesaid, yearly in form aforesaid to be held: And the said Defendant in fact saith, That the aforesaid Plaintiff( such a day and year) was residing and inhabiting within the Precinct of the Mannor aforesaid, of them the said S. and R. aforesaid: And because the aforesaid five shillings of the Amerciament aforesaid to the same S. and R. the same time wherein, &c. were in arrear unpaid, the same Defendant as bailiff of the aforesaid S. and R. by virtue of the commandment aforesaid, for the same five shillings of the Amerciament aforesaid so unpaid, well avows the taking of the Cow aforesaid, in the aforesaid place, in which, &c. And justly, &c. And within the Precinct of the Mannor aforesaid, &c.  
And the aforesaid Plaintiff saith, 
A Bar to the Avowry.  that the aforesaid Defendant, for the reason before alleged, as the bailiff of the aforesaid S. and R. the taking of the Cow aforesaid in the aforesaid place, in which, &c. ought not to acknowlede to be just, because he says that long before the aforesaid time of taking the Cow aforesaid, one T. L. and A. his Wife were seized of one messsage, 
A Prescription for Common of Pasture.  and twenty Acres of Land, with the Appurtenances in R. aforesaid, in their Demesne as of Fee, in right of the said A. and them held of one W. as of his Mannor of R. by Fealty, and the Rent of three pence at the Feast, &c. yearly to be paid for all services: And the same Plaintiff further saith, That the aforesaid T. and A his Wife, and all those whose State the same T. and A. his Wife now have, and the aforesaid time wherein, &c. had in the said messsage and twenty Acres of Land, with the Appurtenances, from the time whereof the contrary is not extant in the memory of man, have had, and have used to have for themselves, their Farmers and Tenants of the same Tenements, for term of life or years, or otherwise, Common of Pasture, every year, all times of the year, in the common Fields of the aforesaid S. and R. of their Mannor aforesaid, as unto the Tenements aforesaid, with the Appurtenances belonging. And the same T. and A. his Wife, of the same Tenements so being seized, before the said time wherein, &c. to wit,( such a day and year) at R. aforesaid, did demise the said Tenements with the Appurtenances, 
Lease to the R●●inliff.  to him the Plaintiff, to have and to hold to him and his assigns, from the same( such a day and year) for one whole year then next following, and so from year to year, as long as both parties aforesaid should please: By virtue of which Demise, the same Plaintiff was of the said Tenements aforesaid possessed. And the same Plaintiff, so being thereof possessed, before the said time wherein, &c. put the same Cow into the aforesaid place, in which, &c. to feed upon the grass there then growing, which said Cow was in the same place, in which, &c. feeding upon the grass then there growing, until the aforesaid T.( such a day and year) aforesaid, at R. aforesaid, in the aforesaid place, in which, &c. took the same Cow of the said Plaintiff, and her unjustly detained against Sureties and Pledges, until, &c. as he above against him hath complained, without that, 
T●ave●se of the●iancy.  that the aforesaid Plaintiff( the aforesa d such a day and year) was residing and inhabiting within the Precinct of the Mannor of the aforesaid S. and R. as the aforesaid Defendant hath above alleged: And this he is ready to aver; wherefore, &c. to be adjudged unto him, &c.  
And the aforesaid Defendant, as formerly, saith, 
Issue upon the Trav●se.  That the aforesaid Plaintiff( the aforesaid such a day and year) was residing and inhabiting within the Precinct of the Mannor of the aforesaid S. and R. as he hath above alleged; and of this, &c. And the aforesaid Plaintiff in like manner: Therefore it is commanded to the Sheriff, &c.   

AT which day, here came the aforesaid T. N. by J. B. 
A writ of Inquiry aw●●d●d against the Plaintiff, in replivin upon a Non-suit.  his Attorney; and the aforesaid W. K. solemnly required, came not, neither prosecuted his Writ aforesaid; therefore it is considered, that the af●resaid W. K. and his Pledges be thereof in mercy, and the said T. N. go without day, &c. and that he have the return of the aforesaid, &c. let the names of the Pledges, &c. and in what sort, &c. the Sheriff make appear here in eight days of Saint hilary, &c. and by the Statute, &c. it is also commanded the Sheriff, that by the Oath of twelve, &c. he diligently inquire what damages the aforesaid T. N. hath sustained, as well by reason of the Premises, as for his costs and charges by him about his svit in this behalf laid out, and the Inquisition which, &c. the Sheriff make appear here such a day, &c.   

AT which day here came, as well the aforesaid W. 
Judgement in R●● v●n up●n 〈…〉 Av●w●●. &c.  as the aforesaid J. by their Attorneys aforesaid, whereupon the premises being seen, and by the Justices here more fully understood, it seemeth to the Justices here, that the Avowry aforesaid is sufficient in Law to avow him the said J. the just taking of the cattle aforesaid in the aforesaid place, called E. therefore it is considered, that the aforesaid J. have the return of the cattle aforesaid, to be detained to him irrepleviable for ever, and the aforesaid Plaintiff in mercy, &c. and hereupon the aforesaid Defendant, by the Statute, &c, prayeth the Writ of the said Keepers, &c. to inquire of damages; and to him it is granted, returnable here from the day of Saint Michael, in three weeks, &c. At which day, here came the aforesaid Defendant by his Attorney aforesaid, and the Sheriff( that is to say) J. R. and J. B. returned here a certain inquisition before them at Saint Johns-street, in the County aforesaid, the tenth day of A. last past, by the Oath of twelve, &c. taken, by which it is found, that the aforesaid Defendant hath sustained damages by reason of the not paying of the rent aforesaid, besides his costs and charges by him about his svit in this behalf laid out, to twelve pence, and for his costs and charges to ten shillings; therefore it is considered, that the said Defendant recover against the said Plaintiff, his damages aforesaid, to ten shillings, by the Inquisition aforesaid, in form aforesaid found, and also ten shillings to the same Defendant, at his request for his costs and charges aforesaid, by the Court here for increase adjudged, which said damages in the whole, do amount to twenty shillings, &c. T. 13 H. 8. Rot. 469.   

AFfterwards process thereof between the parties, 
Otherwise, upon a Replevin after a Verdict against the Plaintiff, with increase ●f costs.  &c. afterwards, &c. therefore it is considered, that the aforesaid Defendant, as Bailiff of the aforesaid P. have return of the cattle aforesaid, to be detained, to him irrepleviable for ever; and that the same Defendant, as Bailiff of him the said P. may recover against the said J. his damages aforesaid, according to the form of the Statute aforesaid, to thirty shillings by the Jurors aforesaid, in form aforesaid assessed, and also ten shillings to the said E. as Bailiff of the aforesaid P. at his request for his costs and charges aforesaid, by the Court here of increase adjudged, which said damages in the whole, do amount to forty shillings, and the aforesaid J. M. into mercy, &c.    

Award.  
AFterwards, 
Abatement pleaded after the last continuance, &c.  the process thereof continued between the parties aforesaid, upon the Plea aforesaid, by Juries respited, between them here, until this day;( that is to say) from the day of Saint hilary, in fifteen days then next following: And now here, at this day, come as well the aforesaid A. Plaintiff, as the said B. by their Attorneys aforesaid: 
The Ju●y being ●t bar.  And the Jurors impanelled, being exacted, likewise come. And hereupon, the said B. relinquishing his averment aforesaid, by him above alleged; saith, That the Justices here ought not to proceed to the taking of the jury aforesaid, because he saith, That after the last continuance of the Plea aforesaid( that is to say) after fifteen dayes of Saint Michael, last past, from which said fifteen days of Saint Michael, the Plea aforesaid was here last continued until the aforesaid fifteen days of Saint hilary: And before the same fifteen days of Saint hilary,( that is to say) on the Feast of Saint S. in the twentieth year of our now Lord the King, at A. in the County aforesaid, as well the aforesaid Plaintiff as the said Defendant( their friends coming together to end the Plea between them) out of their common assent and consent, put themselves upon the Arbitrement, Ordinance, and judgement of F. and J. as well of the trespass aforesaid, as of all other Trespasses, Plaints, and Debates between them, before the said Feast, had, moved, or depending: which said F. and J. taking upon them the charge of the Abitrement, Ordinance, and judgement aforesaid, afterwards,( that is to say) On the Feast aforesaid, at A. aforesaid, did Arbitrate, Ordain, and Adjudge of, and upon the Premises,( that is say) That the aforesaid Defendant should pay to the said Plaintiff ten shillings on the Feast of the Annunciation of the blessed Virgin Mary then next following: And this, &c. Whereupon he prayeth Judgement, if the Justices here will further proceed to the taking off the jury aforesaid: And that the aforesaid Plaintiff may be barred from having his Action aforesaid thereof against him, &c. And the aforesaid Plaintiff saith, That the Justices here, by any thing before alleged, 
Made no Award after the last continuance.  ought not to delay the taking off the jury aforesaid, because he saith, That the Arbitrators aforesaid, made no such Award, Ordinance, or Judgement of, and upon the Premises, as the said Defendant above hath alleged: And by whom, &c. And who neither, &c. To inquire, &c. Because as well, &c.   

Audita Querela.  
IT was commanded to the Sheriff, Whereas lately, 
Trinity 7. of King James, Roll 3642.  by the grievous complaint of O. D. of G. in the County aforesaid, Gentleman, It was shewed to the Lord the King, grievously complaining. That whereas one J. D. Doctor of the Law, lately, 
An Audita Quercla upon an escape upon an Outlawry after judgement.  in the Court of the Lord the King, of the Bench here,( that is to say) In the Term of Saint Michael,( in such a year) before the Justices of the said Lord the King, of the Bench aforesaid, here,( that is to say) at W. by the consideration of the same Court, had recovered against the said O. as well a certain Debt of two hundred pounds, as thirty shillings, which to the said O. in the same Court of the said Lord the King, here, were adjudged for his damages, which he had by reason of detaining of that Debt whereof he is convicted: And whereas also the same O. for that that he did not come into the same Court of the said Lord the King, here, to satisfy the aforesaid J. of the Debt and damages aforesaid, was put in Exigent, in the County of the Lord the King, of S. to be outlawed, and by that occasion, afterwards, that is to say( such a day and year) was outlawed: And although the same O. in Execution for the Debt and damages aforesaid( by virtue of the same Writ of the said Lord the King, of Capias utlagatum, to the late Sheriff of the County of S. aforesaid) at the svit of the said J. D. was taken and imprisoned; and after that he was so taken and imprisoned by the same Sheriff, out of that prison at large, whither he would freely and voluntarily was permitted to go, and from the Execution aforesaid, was delivered, as the said O. by ways and means convenient is ready to set forth; yet the said J. Execution of the Debt and damages aforesaid, against him the said C. by reason of the recovery aforesaid, now lately doth prosecute, and doth threaten, and endeavour to take him the said O. by that occasion, and detain him in the prison of the Lord the King unjustly, to the no little damage and grievance of him the said O. Whereupon he hath supplicated the Lord the King to provide for him a fit remedy in this behalf: And the said Lord the King being willing in this behalf to do that which should be just, hath commanded His Justices here, that hearing the complaint of the said O. in this behalf; and calling before them the parties aforesaid, and others, whom in this behalf they shall think convenient to be called; and hearing the reasons of them thereof, they cause full and speedy justice to be done to the said O. as of right, and according to the Law and custom of the Kingdom of the said Lord the King of England should be done, that they may cause to come here at this day( that is to say) such a day, the aforesaid J. to answer of, and upon the Premises; and further, to do and receive that which the Court of the Lord the King here shall consider of him in that behalf: And now here, at this day, came as well the aforesaid O. by O. G. his Attorney, as the aforesaid J. by J. N his Attorney, and thereupon the same O saith, That whereas the aforesaid J. lately in the Court of the now Lord the King, that is to say,( such a Term and year) before E. C. &c. By the consideration of the same Court, had recovered against the aforesaid O. as well the aforesaid debt of two hundred pounds, as the aforesaid thirty shillings, which, &c. for damages, &c. had, &c. whereof he is convicted: And whereas also the same O. for that he did not come in the same Court of the Lord the King here, to satisfy the aforesaid J. of the debt and damages aforesaid was put in Exigent in the aforesaid County of S. to be outlawed, and by that occasion, afterwards( that is to say) such a day and year, was outlawed: Upon which Outlawry, the said J. afterwards, that is to say,( such a Term and year) did prosecute out of the Court of the said Lord the King of the Bench here, a certain Writ of the said Lord the King of Capias utlagatum against him the said O. to the then Sheriff of the County of S. aforesaid directed; by which Writ, the said Lord the King, to the then Sheriff of the County of S. aforesaid, did command that he should not omit for any liberty of his County, but that he should take the aforesaid O. outlawed, in the County of S. the day and year aforesaid, at the svit of the aforesaid J. D. of a Plea of debt, whereof he is convicted; If, &c. and him safely, &c. So that he should have his body, &c.( such a day) then next following, to do and receive that which the Court of the said Lord the King here should then consider of him in that behalf: By virtue of which Writ, the said O. afterwards,( that is to say) such a day and year aforesaid, at G. in the County of S. aforesaid, by the said H. M. then being Sheriff of the County of S. was taken and limprisoned, in Execution for the debt and damages aforesaid, at the svit of the said J. And after that he was so taken and imprisoned, the said O. by the said Sheriff, the same day and year, at G. aforesaid, was freely and voluntarily permitted to go out of that prison at large whither he would, and from the Execution aforesaid was delivered: And this he is ready to aver, whereupon he prayeth Judgement, and that the said J. may be barred from having his Execution aforesaid, by reason of the Judgement aforesaid, and that the same O. may be discharged, &c.  
And the aforesaid J. saith, 
Plea in Bar that the Outlawry was reversed.  That he ought not to be barred or retarded by reason of any thing before alleged, from having his Execution aforesaid, of the debt and damages aforesaid, against him the said O. because he saith, That after the aforesaid time in which it is supposed the aforesaid O. to have gone out of the custody of the aforesaid Sheriff of S. and before any further execution against the said O. by him the said J. by reason of the judgement aforesaid was prosecuted and had, and before the day of the issuing forth of the aforesaid Writ of Audita Querela; that is to say,( such a Term and year) the aforesaid J. a certain Writ of him the said Lord the King, of Capias utlagatum, out of the aforesaid Court of the said Lord the King of the Bench here, issued forth upon the outlawry aforesaid, as aforesaid published against him the said O. at the svit of the said J. D. directed to the then Sheriff of the County of M. By which Writ the said Lord the King commanded the said then Sheriff of M. that he should not omit for any liberty of his County, but that he should take the aforesaid O. by the name of, &c. outlawed in the said County of S. aforesaid( such a day and year aforesaid) at the svit of the said J. by the name of, &c. of a Plea of debt, whereof he was convicted, if he should be found in his Bailiwick, and him safely keep, so that he might: have his body here,( that is to say) at W. aforesaid, on the aforesaid morrow of All-Soules, in that same Term of Saint Michael, in the sixth year aforesaid, to do and receive that which the Court of the said Lord the King, of him should consider in that behalf: At which morrow of All souls here( that is to say) at W. aforesaid, came the aforesaid O. by B. his Attorney: And the Sheriff( that is to say) G: and R. then Sheriff of the County of M. aforesaid, returned that the said O. was not found, &c. And upon this, the said O. then prayed Oyer of the Writ of Exigent, upon which the same O. at the svit of the aforesaid J. in form aforesaid, was outlawed, and it was red to him in these words, viz.  
James by the Grace of God, King of England, Scotland, France, and Ireland, &c.( and so recite the Writ verbatim) which being red, and heard, the said O. then said, That he ought not to be charged of the outlawry aforesaid, for that, that the aforesaid Writ of Exigent had not any certain day of return in this word, holy, not having these letters ( holy) between these words, In the morrow, and Trinity, any signification, as by the Writ aforesaid then did appear: And for that cause, the said O. then prayed Judgement, and that the Outlawry aforesaid, in form aforesaid had, and published, might be amnihilated and made voided, and altogether held for nought; Whereupon the Writ aforesaid being then viewed, and by the Justices here then fully understood, it did then appear to the Justices here, that the Allegation of the aforesaid O. in discharging the said O. of the Outlawry aforesaid, was true; Therefore it was then considered of in the same Court here, that the said O. should not be molested or grieved in any thing, by reason of the Outlawry aforesaid, but should go thereof quiet, &c. as by the Record thereof in the same Court here residing, 
And so no record of the Outlawry.  more fully it is manifest: And so the same J. saith, That there is no such Record of the outlawry aforesaid, as the said O. by his Writ and Declaration aforesaid above hath supposed: And this he is ready to aver, whereupon he prayeth Judgement, if he ought to be barred from having his Execution aforesaid, of the debt and damages aforesaid, against him the said O. &c.  

THe Lord the King hath sent to his Justices of the Bench here, 
An Audita Querela upon a Release, and Bail thereupon  his Writ, closed, in these words, viz. James by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To his Justices of the Bench, Greeting: By the grievous complaint of R. K. to us grievously complaining; it is shewed, That whereas he, 
Statute Merchant acknowledged.  and one J. M. such a day and year, at the Town of N. in the County of N. before E. M. then Mayor of the aforesaid Town, and G. C. then Deputy-Clerk, to take recognisances of the debts within the same Town, did aclowledge, and both of them aclowledge themselves to owe R. P. of, &c. and J. M. of, &c. one hundred pounds of lawful money of England, to be paid to the same R, and J. upon( such a day) then next following: And although the aforesaid J. M. afterwards,( that is to say) such a day and year aforesaid, at the aforesaid Town of N. by his certain Writing of Release, with his Seal sealed, bearing date the same day and year, in the custody of the aforesaid R. K. remaining, and before Us in Our Chancery shewed, hath remised, released, and quiter claimed to the said R. K. the aforesaid recognisance, and all and singular debts and sums of moneys in the same mentioned, and all and singular Actions, Extents, Executions, Debts, Credits, Duties, Suits of Law, Titles, Interests, Rights, Claims, and Demands whatsoever, which the aforesaid J. M. then had, or might have against him the said R. his Heirs, Executors, Administrators and assigns, or of, or in his Lands and Tenements, Goods and Chattels, lying or being in the County of W. or elsewhere, as the said R. by ways and means convenient is ready to set forth; Yet the said R. and J. not having the Premises in consideration, but intending unjustly and unduly to charge him the said R. with the payment of the said hundred pounds, now lately have unjusty and unduly prosecuted the Execution of the said hundred pounds against him the said R. by virtue of the recognisance aforesaid, not to the little damage and grievance of him the said R. and against the force, form, and effect of the Writing aforesaid; whereupon the said R. hath supplicated Us to provide for him a fit remedy in this behalf, and We( being unwilling to injure the said R. in this behalf) Command you that( hearing the complaint of him the said R. in this behalf) and seeing the Writing aforesaid, and also calling before you the parties aforesaid, and hearing from thence their reasons thereupon; you cause further to be done in the Premises, what of right, and according to the Law and custom of our Kingdom of England ought to be done: witness ourself at Westminster, the second day of J. in the seventh year of Our Reign of England, France and Ireland, and of Scotland the forty second; afterwards( that is to say) such a day, in this same Term, 
Bail entred into.  came here in Court the aforesaid R. in his proper person: And hereupon C. C. of, &c. and E. H. of, &c. have undertaken, and both of them hath undertook for the aforesaid R. in the sum of one hundred pounds; and the same R. present here in Court, in his proper person, for himself hath undertaken in the sum of three hundred pounds, to prosecute the aforesaid Writ of hearing the complaint with effect: And if Judgement should happen to be given against him the said R. in this behalf, that then he the said R. shall satisfy to the said R. and J. the aforesaid hundred pounds, in form aforesaid acknowledged; which said several sums of one hundred pounds, the aforesaid C. and E. have acknowledged, and each of them hath acknowledged to be made of their lands and chattels, and to the use and benefit of the said R. and J. to be levied; and which said three hundred pounds the aforesaid R. hath aknowledged to be made of his lands and chattels, and to the use and benefit of the aforesaid R. and J. to be levied, if it shall happen that the said R. make default in any thing of the Premises, and be thereof in lawful manner convinced, &c. And the same R. bringeth here in Court the aforesaid Writing of release, testifying the Premises; which said Writing, to the Justices here being shewed, and by them seen; It is commanded to the Sheriff of N. that he cause to come here( such a day) the aforesaid R. and J. to answer upon the Premises; and further, to do and receive that which the Court here shall consider of in this behalf: And in the mean time, the said R. of whatsoever Execution, by reason of the recognisance aforesaid, by whatsoever Writ of the said Lord the King, to the said Sheriff directed, or to be directed, for ever to be superseded, &c.   

THe Lady the Queen did command, 
An Audita Querela, where three were bound to one, who released ●o one of them, and afterwards did sue the other, not knowing of the Release, and afterwards the Release coming to his hands against whom the judgement was given, and be brings an Audita Querela.  &c. in these words: Elizabeth by the Grace of God, &c. Greeting, By the grievous complaint of T. Handford, We have been informed, That whereas the said T. together with J. W. of, &c. and with one T. W. of, &c. by the name of, &c.( such a day and year) by their certain writing Obligatory, bearing date the same day and year, jointly and severally became bound to one J. H. in the sum of two hundred pounds: And although the aforesaid J. afterwards, that is to say,( such a day and year) by a certain Writing of Release of him the said J. sealed with his Seal, bearing date the same day and year, reciting by the same Writing, that whereas the aforesaid T. W. and the aforesaid T. H. and W. W. by their certain Writing Obligatory, bearing date( such a day and year) aforesaid, stood bound jointly and severally to the said J. in the sum of two hundred pounds, for the payment of one hundred pounds, as by the said Writing Obligatory, and Defeizance thereupon made more fully appeareth, for divers considerations, him the said J. especially moving, had covenanted, granted, and agreed by the same Writing, for himself, his Executors and assigns, and every of them, to and with the said T. W. his Executors and Assigns, that neither the aforesaid J. H. his Executors or Assigns, or any other person or persons, by his or their procurement, at any time from thence after, for, upon, or by reason of the said Writing Obligatory, should trouble, molest, prosecute, sue, attach, implead, condemn, or have in Execution him the said T. W. his Heirs, Executors, or Administrators, or any of them, or any of his or their Lands or Tenements, Goods or chattels, or any part of them: And that if the aforesaid J. H. his Executors or Assigns, at any time should prosecute svit against him the said T. H. his Executors, Administrators, or Assigns, upon the aforesaid Writing Obligatory, or by reason of the same, for the debt in the same specified; that then the said T. W. his Heirs, Executors, or Assigns, might pled the same Writing of Release in Bar of such Action or svit, and in discharge of the debt aforesaid, as he or they might do, if the said J. had made to the said T. W. a full and perfect Release of the debt aforesaid, or of such Action or svit, as by the said Writing of Release before Us in Our Chancery brought, fully is manifest. And as the aforesaid T. H. by ways and means convenient, is ready to set forth, yet the said J. hath impleaded him the said T. H. of, and upon the said Writing Obligatory of two hundred pounds in Our Court before Us, by Our Writ of a Plea, that he should render unto him the said two hundred pounds: And for that, the aforesaid T. H. had not in his hands the said Writing of Release to pled in Bar of that Action, but of the making of the said Writing of Release was then altogether ignorant, the process between him the said T. H. and the aforesaid J. in the Action aforesaid, was continued, until it was considered before you, that the aforesaid J. should recover against the said T. H. as well the said two hundred pounds, as six pounds for his costs and charges by him about his svit aforesaid in that behalf expended: And the said J. in Our Court before you, now lately doth unjustly prosecute Execution, as well of the said two hundred pounds, as of the aforesaid six pounds, not to the little damage and grievance of him the said T. H. And against the Force, Form, and Effect of the Writing of Release aforesaid, whereupon the said T. H. hath humbly supplicated Us, to provide a fit remedy for him in this behalf: And because We are unwilling to injure the said T. H. in this behalf, and willing to be done therein that which is just; command you, that hearing the complaint of him the said T. H. and calling before you the parties aforesaid, and others in this behalf whom you shall think convenient to be called, and hearing from thence their reasons thereof, you cause full and speedy Justice to be done to the said T. H. as of right, and according to the Law and custom of Our Realm of England ought to be done: witness myself at Westminster, the fifth day of N. in the two and twentieth year of Our Reign. And upon this, the aforesaid T. H. in his proper person, came here in Court, and brought here in Court the Writing of Release aforesaid, whereof in the Writ aforesaid mention was above made, the date whereof is,( such a day and year) abovesaid, and saith, That, that Writing was made at London, in the Parish of the blessed Mary of Bow, in the Ward of Cheap: And prayeth a Writ of the Lord the King, to be directed to the Sheriffs of London, for him the said T. H. to cause the aforesaid J. H. to come here to answer the Premises, and further to do and receive that which the Court of the Lord the King shall consider of him in this behalf: And that the said Sheriffs in the mean time do altogether Supersede from further prosecuting whatsoever Execution, by reason of the Recovery aforesaid, by whatsoever Writ of the said Lord the King to them directed; And it is granted to him returnable here,( such a day) &c. At which day, here came as well the aforesaid T. H. in his proper person, as the said J by L. his Attorney: And hereupon the aforesaid T. H. prayeth that the said J. may answer to the Premises in the Writ specified, and that he may be discharged from having any Execution whatsoever, and the reason of the Recovery aforesaid, against him the said T. H. &c.  
And upon this, the aforesaid J. defendeth the force and injury, when, &c. And saith, That the Writ and Declaration aforesaid, is not sufficient in Law to repel or retard him the said J. from having and prosecuting the Execution of the judgement aforesaid, against the aforesaid T. H. And that he to that Writ and Declaration, in manner and form aforesaid, 
De●●●rer.  made and declared, hath no need, neither by the Law of the Land is tied to answer: And this he is ready to aver, whereupon, for default of a sufficient Writ and Declaration in this behalf, the said J. prayeth Judgement and Execution of the debt and damages aforesaid, 
Jaynder in Demurrer.  by virtue of the judgement aforesaid to him adjudged, &c.  
And the aforesaid T. H. for that he hath above in his Writ and Declaration aforesaid alleged sufficient matter in Law to repel and hinder the aforesaid J. H. from having and prosecuting Execution of the Judgement aforesaid, against him the said T. which he is ready to aver: Which said matter the said J. hath not denied, nor hath answered any thing to it, but altogether refuseth to admit that verification, he requireth Judgement: And that be by virtue of the Writing of Release aforesaid, may be discharged from whatsoever Execution of the Judgement aforesaid against him for the aforesaid J. as aforesaid rendered, &c. And because the Court will advice themselves, &c.   

IT was commanded to the Sheriff, 
An Audita Querela upon the Statute of Usury for money lent.  whereas by the grievous complaint of Thomas Brisby of, &c. R. B. of, &c. and A. A. of, &c. It was shewed to the Lady the Queen, complaining; That whereas in the Statute of Parliament, &c.( reciting the Statute of Usury) more fully appeareth: and whereas one N. Williamson( such a day and year) at C. did lend unto one R. Bartram ninety pounds for one year then next following; and that in consideration thereof, it was then and there agreed, between him the said N. W. and the aforesaid R. B. that the said N. W. should have in gain and profit, for deferring and giving day of payment of the aforesaid ninety pounds, for the time aforesaid, ten pounds, to be paid to the said N. together with the aforesaid ninety pounds, and also eighteen yards of black Frizes, of the price of every yard sixteen pence, which said R. B. afterwards, that is to say,( such a day and year) at C. aforesaid, made his Testament, and appointed and ordained, Agnes, the wife of the aforesaid A. A. and one Thomas Bartram, L. B. J. B. his children, Executors of his Testament aforesaid, and the same A. A. and one W. L. Gent. Guardians of the aforesaid T. B. son and heir apparent of the said R. during the minority of the aforesaid T. and afterwards there died, after whose death, that is to say,( such a day and year) at C. aforesaid, it was agreed between him the said N. W. and the same A. A. and W. L. that the aforesaid N. W. should defer and give day of payment of the aforesaid ninety pounds of the principal Debt, and of the aforesaid ten pounds, for the use aforesaid, from the end of the aforesaid year, for the payment thereof, as aforesaid before agreed, until Wednesday next after the Feast of Easter then next following; and that the said A. A. and W. L. or one of them, would pay to the said N. six pounds thirteen shillings and four pence, in gain and use, for deferring and giving day of payment of the same ninety pounds of principal Debt aforesaid, and ten pounds for the first use aforesaid; and also that A. A. and W. L. and the aforesaid T. Brisby, and R. B. should by recognisance, aclowledge before R. Mounston, then one of the Justices of the said Lady the Queen of the Bench, themselves to owe to the aforesaid N. W. four hundred pounds for the secure payment of the aforesaid ninety pounds of principal Debt aforesaid, and ten pounds for the first use aforesaid, and also of the aforesaid six pounds thirteen shillings and four pence, for the said second usury aforesaid, on the aforesaid Wednesday next after the Feast of Easter, between the hours of one and four in the afternoon of the same day; which said several sums, in the whole, do amount to one hundred and six pounds, thirteen shillings and four pence, whereupon the aforesaid T. Brisby, W. L R. B. and A. A.( such a day and year) aforesaid, at C. aforesaid, before the aforesaid R. Mounston, did aclowledge themselves to owe to the aforesaid N. W. the aforesaid four hundred pounds, for the secure payment of the aforesaid one hundred six pounds thirteen shillings and four pence, on the aforesaid Wednesday, next after the aforesaid Feast of Easter, according to the form and effect of the agreement aforesaid: And so that recognisance, in form aforesaid acknowledged, for the payment of the said ninety pounds of principal Debt aforesaid, and of the aforesaid sixteen pounds thirteen shillings and four pence, for the use aforesaid, exceeding the rate of ten pounds for a hundred pounds by the year, by virtue of the Statute aforesaid, published in the Parliament of the said Lady the Queen, in the sixteenth year of her Reign, aforesaid holden, is voided in the Law, as the said T. B. R. B. and A. A. by ways and means convenient, are ready to make appear, the aforesaid N. W. now lately hath unjustly prosecuted Execution of the said four hundred pounds, by reason of the recognisance aforesaid, in form aforesaid acknowledged against them the said T. B. R. B. and A. A. not to the little damage and grievance of them the said T. R. and A. Whereupon the said T. R. and A. to the Lady the Queen, have supplicated to provide for them a fit remedy in this behalf: the said Queen being willing to do therein that which is just, and to exhibit full and speedy Justice therein to the said T. R. and A. hath commanded the Justices here, that hearing the complaint of them the said. T. B. R. B. and A. A. and calling before them the parties aforesaid, in this behalf to be called, and hearing their Reasons thereof, they cause due and speedy accomplishment of Justice to the said T. B. R. B. and A. A. as of right, and according to the Law and custom of the Kingdom of the Lady the Queen of England, ought to be done, that they should cause to come here at this day( that is to say) such a day, to answer the aforesaid W. upon the Premises, and further to do that which the Justices here shall think convenient to consider of; and now here at this day, came as well the aforesaid T. B. R. B. and A. A. by W. B. their Attorney, as the aforesaid N. W. by J. C. his Attorney: And hereupon the said T. B. R. B. and A. A. say, That the aforesaid N. W. such a day and year, lent, &c.( as above until) voided in the Law, and this he is ready to aver, whereupon he prayeth Judgement, and that the aforesaid N. W. may be barred from having his Execution aforesaid, by virtue of the recognisance and Judgement thereupon in Court here had, and that the said T. R. and A. may be discharged thereof, &c. And hereupon the aforesaid N. W. prayeth liberty to pled, &c. H. 22. Eliz. Rot. 1 329.   

ELsewhere, 
Audita Quer. upon an Elegit after judgement in a Scire fac. upon a recognisance in Chan●●ry.  as it appears in the Term of, &c. last past, in the Roll, 1031. it is thus contained: The Lady the Queen, hath sent to her Justices here, her Writ close in these words; Elizabeth by the Grace of God, &c. Whereas by the grievous complaint of M. Esquire, it hath been shewed unto Us, That whereas W. B. Lord M. was seized in his Demesne as of Fee-tail( that is to say) to him and his Heirs males of his body lawfully begotten, of, &c. In the moiety of the manors of B. and O. in N. and of the moiety of certain messages, with the Appurtenances in S. P. J. W. and N. in Our County of W.( that is to say) of the moiety of one Field, called M. in the tenor or occupation of, &c. And the said W. being so thereof seized, and likewise being seized in his Demesne as of Fee-tail,( that is to say) To him and his Heirs males of his body lawfully begotten, of, and in the moiety of the Mannor of P. with the Appurtenances in the same County of W. and of the moiety of one Close, containing, &c. in the said County of W. and of the moiety of the Mannor of B. W. &c. with the Appurtenances in the County of D. and of the moiety of the Mannor of, V. with the Appurtenances in the County of D. and of the moiety of the Mannor of M. with the Appurtenances in the County of C. The said W. Lord M.( such a day and year) by the name of, &c. And one C. B. and T. H. by the names of, &c. before Us, in Our Court of Chancery, personally have acknowledged, and every of them have acknowledged themselves to owe to the Lady E. M. of, &c. now Defendant, five hundred pounds, which to the said E. they ought to have paid in the Feast, &c. And whereas the aforesaid W. Lord M. being amongst other things in form aforesaid seized of the moiety of the aforesaid Mannor of F. B. with the Appurtenances in the said County of W.( such a day and year) at B. aforesaid, hath demised the same moiety of the aforesaid Mannor of B. with the Appurtenances, amongst other things, to the said M. F. to hold, &c. Fully to be complete and ended: By virtue of which Demise, the said M. into the same moiety of the same Mannor of B. with the Appurtenances, amongst other things entred, and was thereof possessed; and she the said M. F. being so thereof possessed, such a day and year, at the suggestion of one T. K. Executor of the Testament of the aforesaid E. in Our Chancery at W. in the County of M. then being made, that neither the said W. Lord M. C. B. and T. H. nor any of them had paid the said five hundred pounds, in the said recognisance contained, to the aforesaid E. in her life, or to her said Executors, after the death of the said E. by a certain Writ out of Our Court of Chancery, 
Scire Facis.  aforesaid, then issuing, and to Our Sheriff of M. directed: We did command the said Sheriff of Our County of M. that he should give notice to the aforesaid W. and C. that they should be before Us, in Our said Court of Chancery, such a day, then next to come, wheresoever it should then be, to show, if they had, or knew any thing to say for themselves, wherefore the said money ought not to be levied of their lands and chattels, and to the said Executor to be rendered according to the form and effect of the recognisance aforesaid; at which said eight days of Saint Michael, Our said then Sheriff of the said County of M.( that is to say) J. G. and R. T. to Us in Our said Chancery, at the Castle of H. in Our County of H. then being, did return the Writ aforesaid, served and executed, 
The return.  in form following,( that is to say) that he the said Sheriff, by virtue of that Writ to him directed, by J. B. and T. B. honest and lawful men of his bailiwick, had given notice to the said W. B. Lord M. 
Notice to one.  that he should be before Us in Our said Chancery, at the said day, in the same Writ contained, wheresoever it should then be, to show, 
The other nichiled.  as that Writ in it did demand and require; and that the aforesaid C. had nothing in his bailiwick, where, or by which he could cause him to know, neither was he found in the same; and afterwards,( that is to say) In eight days of the Purification of the blessed Mary,( such a year) in Our said Chancery at W. aforesaid then being in the aforesaid Plea, it was in such sort proceeded, that then by the Judgement of Our said Court of Chancery it was considered, that the said Executor should have Execution against the aforesaid W. Lord M. and C. of the aforesaid five hundred pounds( that is to say) against the aforesaid W. by default, and against the same C. by the proper confession of him the said C. as by the Record and process thereof, before Us in Our said Chancery residing, more fully appeareth: Whereupon afterwards( that is to say) such a day and year, at the request of the said Executor, in Our said Chancery aforesaid at W. aforesaid, being made, Our certain Writ of Elegit issued forth upon the Judgement aforesaid, out of Our said Court, to Our then Sheriff of W. directed; by which Writ We then commanded the then Sheriff of the said County of W that he should cause all the chattels of them the said W. and C. in his Bailiwick, by a reasonable aprizement, except the Oxen and Geers of his Carts, and also the moiety of the lands of them the said W. and C. in his said Bailiwick, by Extent thereof, to be made to the said Executor, or to his Attorney in that behalf to be delivered and hold to him the said Executor and his Assigns, as their Freehold, until the five hundred pounds should be fully levied: And how the said Sheriff should execute that Writ, he should make known in Our said Chancery, at a certain day now past, in the same Writ contained, wheresoever it should then be, under his Seal distinctly and openly he should cause to appear: And although the moiety of all the Lands and Tenements which were of the said W. Lord M. on the said day of the recognisance of the debt aforesaid, or at any time afterwards, with the payment of the debt aforesaid, of right are to be charged, and ought to be charged; yet the said Executor, intending unduly to grieve the said M. by reason of the recognisance of the Judgement aforesaid, and him the said M. with the payment of the said five hundred pounds, unjustly to oppress; the moiety of the moiety of the aforesaid Mannor, of B. and the aforesaid Mannor of O. with the Appurtenances in W. and N. and the moiety of the moiety of the aforesaid messages or Tenements, with the Appurtenances in S. P. J. W. and N. in Our said County of W.( that is to say) the aforesaid Fields, called B. and C. the aforesaid Meadow, called R. in the tenor, &c. which were of the aforesaid W. Lord M. on the said day of the acknowledgement of the recognisance, omitting the moiety of the moiety of the aforesaid several manors of P. B. W. C. P. V. and M. And the moiety of the moiety of the aforesaid Close in K. with the Appurtenances, which were so as aforesaid likewise omitted, the said W. Lord M. hath now lately procured the acknowledgement of the said recognisance, by Extent thereof made by J. H. Knight, Sheriff of Our said County of W. to be delivered to him for the levying of the Debt aforesaid, to hold to the said Executor and his Assigns, as his Free-hold, until the said five hundred pounds should be fully levied, to the no little damage and grievance of him the said M. and manifest impoverishing of his Estate. Whereupon the said M. hath supplicated Us, to provide for him a fit remedy in this behalf: And We being willing to do to the said M. in this behalf that which is just, command you, that hearing the complaint of the said M. in this behalf, and calling before you the aforesaid parties, and others, whom in this behalf you shall think convenient to be called, you cause speedy accomplishment of Justice to be done to the said M. as of right, and according to the Law and custom of Our Kingdom of England ought to be done: witness, &c. And hereupon,( such a day) in this same Term, came here in Court, the aforesaid M. by T. his Attorney, and prayeth a Writ of the Lady the Queen, 
Venire facias awarded.  to be directed to the Sheriff of the aforesaid County of W. to cause the aforesaid T. K. to come here to answer upon the Premises, and further, to do and receive that which the Court of the Lady the Queen thereof should here consider in this behalf: And it is granted to him returnable there( such a day, &c.) At which day here came the aforesaid M. by his Attorney aforesaid, and offereth himself the fourth day against the aforesaid T. K. upon the Plea aforesaid, and he came not, and the Sheriff,( that is to say) J. H. Knight, now returneth, that the said T. K. had nothing in his Bailiwick, 
Nichil returned  by which he could be attached; and hereupon it is testified here in the Court, on the behalf of the said M. that the aforesaid T. K. 
Testatum awarded.  hath sufficient in the city of London, whereby he may be attached; therefore it is commanded to the Sheriffs of London, that they cause to come here( such a day) the aforesaid T. K. to answer upon the Premises, and further, to do in form aforesaid, &c. The same day is given to the aforesaid M. here, &c. At which day, there came as well the aforesaid M. by his said Attorney, as the said T. K. by N. K. his Attorney, and the Sheriffs of London,( that is to say) P. H. and P. B. now returned, that the aforesaid T. K. is attached by J. C. and R. K. Pledges, and hereupon the aforesaid T. K. prayeth liberty of pleading, &c. 
Imparlance.  the same day, &c. At which day, here came as well the aforesaid M. as the aforesaid T. K. by their Attorneys aforesaid; and hereupon the said M. as before, prayeth, that the aforesaid T. K. may answer the Premises in the aforesaid Writ of hearing the complaint above specified, &c.  
And the aforesaid K. prayeth judgement of the Writ aforesaid, 
Demurer to the Writ.  because he saith, that the same Writ, and the matter in the same contained, is not sufficient in Law to discharge the said M. from the Execution aforesaid, in that Writ specified, by him the said T. K. so as aforesaid prosecuted; and that he hath no need, neither by the Law of the Land is bound to answer to that Writ, and the matter in the same contained, and this he is ready to aver; whereupon for want of sufficient matter in the same Writ contained, the said T. prayeth Judgement of that Writ, &c.  
And the aforesaid M. 
Joynder in Domurrer.  for that he hath above declared sufficient matter in Law in his Writ aforesaid, to discharge him the said M. of the Execution aforesaid, in form aforesaid prosecuted, which he is ready to aver, which said matter, the aforesaid, T. K. hath not denied, neither hath answered any thing to it, he prayeth Judgement, and that his Writ aforesaid may be adjudged good: And that the aforesaid T. K. may answer to the Premises in the Writ aforesaid contained, &c. And because, &c. At which day, here came as well the aforesaid M. as the aforesaid, T. K. by their Attorneys aforesaid: And hereupon the Premises being seen, and by the Justices here fully understood; 
Judgement for the Plaintiff in Audita Quer.  it seemeth to the Justices here, that the aforesaid Writ of Audita Querela, and the matter in the same contained, is sufficient in Law to discharge the aforesaid M. of the Execution in that Writ specified by the aforesaid T. K. so as aforesaid prosecuted, as the aforesaid M. above hath alleged: Therefore it is considered, that the aforesaid moiety of the aforesaid Mannor of B. with the Appurtenances by the aforesaid W. Lord M. to the said M. so as aforesaid demised may be discharged from the Execution aforesaid, and that the lands of the aforesaid T. K. may be amoved from his possession thereof: And that the aforesaid M. to his possession aforesaid, of the moiety of the aforesaid Mannor of B. with the Appurtenances, and also to the issues and profits of the same moiety of that Mannor by the aforesaid T. K. by reason of the Execution aforesaid, in the mean time received, may be restored, &c. It is also considered, that the aforesaid M. recover his damages, by reason of the Premises against the aforesaid T. K. but because it is unknown what damages the aforesaid M. hath sustained by that occasion, nor what, nor how much issues and profits the aforesaid T. K. hath received in the mean time aforesaid, of the aforesaid moiety of the said Mannor of B. with the Appurtenances; it is commanded the Sheriff, that by the Oath, &c. he inquire as well what damages the aforesaid M. hath sustained, 
Writ of inquiry.  by reason of the Premises, as what, and how much issues and profits the said T. K. in the mean time hath received of the moiety of the aforesaid Mannor of B. with the Appurtenances, and the inquisition which, &c. The Sheriff make appear here( such a day) under his Seal, and their Seals, &c. H. 36. Eliz. Rot. 1229.   

J. W. brought an Audita Querela, 
Judgement upon an Audita Querela, that the Plaintiff should take nothing by his Writ.  upon the Statute of Usury, to make voided a Judgement given upon a Bond, where he had pleaded that it was not his dead, and it was disallowed, and Judgement thereupon, as followeth: And hereupon the Premises being seen, and by the Justices here more fully understood; it seemed to the same Justices here, that the aforesaid Writ of Audita Querela, and the matter in the same contained, is insufficient in Law, to bar the said R. from having his Execution aforesaid, by reason of the recognisance aforesaid; Therefore it is considered, that the aforesaid J. W. take nothing by his Writ of Audita Querela, and that the aforesaid R. may prosecute for Execution, if, &c. P. Eliz. Rot. 560.   

ELlizabeth by the Grace of God, &c. 
Supersedeas upon a Writ of Audita Querela, upon a Judgement in a Writ of Annuity.  To the Sheriff of Staffordshire, Greeting: Whereas We have sent unto Our faithful and well-beloved, James Dyer, and his Associates, Our Justices of the Bench, reciting, that by the grievous complaint of Henry C. lately of W. in your County, Gentleman, We have received, that Hugh W. lately in Our Court, before our said Justices of the Bench aforesaid, at Westminster, in the Term of Easter, in the second year of Our Reign, by Our Writ had impleaded the said Henry of that that he the said Henry should render to him the said Hugh, forty shillings, which to him were then behind, of an yearly rent of forty shillings, which to him he owed, as it was said, and process thereupon between the parties aforesaid, being continued until it was considered before Our said Justices of the Bench aforesaid, by the consideration of Our Court aforesaid, that the said Hugh should recover against the said Henry the yearly rent aforesaid, and the arrearages of the same, as well before the day of the issuing forth of the original Writ of the said Hugh, as incurring after; which in the whole did amount to one hundred shillings, and his damages, by reason of the detaining of the yearly rent aforesaid, to an hundred shillings, by Our Court aforesaid adjudged: And now, on the behalf of the said Henry, We have received, that although the aforesaid Hugh, by the name of H. W. of C. in the County of Stafford, after the rendering of the Judgement aforesaid, and before the Execution of that Judgement by his certain Writing, the date whereof is the tenth day of April, in the first year of Our Reign, had released, not onely the said annuity or yearly rent, and the whole right and title which he then had in the said annuity or yearly rent, or to, or in the Lands or Tenements, of which the said yearly rent issued, or ought to issue; but also all Actions, Suits, Executions, Judgements, and Demands, which the aforesaid Hugh then had, or ought to have against the said Henry, his Heirs, Executors, or Administrators, for any matter, thing, cause, or complaint, from the beginning of the World, until the day of the making of the aforesaid Writing, as by that Writing before Us in Our Chancery brought and shewed fully, appeareth, as the said Henry by ways and means convenient, is ready to make appear: Yet the said Hugh by reason of the Judgement aforesaid, for the said annuity or yearly rent and damages, intending to grieve, vex, and molest him the said H. before the said Justices, in Our Court of the Bench aforesaid, now lately hath unjusty prosecuted a certain Writ of Exigent, to satisfy against the aforesaid Henry, for the aforesaid annuity or yearly rent and damages, to the no small damage and grievance of him the said Henry, and against the force, form and effect of the aforesaid Writing of release: Whereupon he hath humbly entreated Us to provide for him by Us, a fit remedy. And because we are unwilling injury should be done to the said Henry in this behalf, and being willing therein to do that which is just we have commanded Our said Justices, That hearing the complaint of the said Henry, in this behalf, and calling before them the aforesaid Hugh, and seeing the Record and Process of the annuity or yearly rent and damages aforesaid of the Writing of Release aforesaid, and having examined the same parties in the Premises, they cause full and speedy Justice to be done to the said Henry, as of right, and according to the Law and custom of Our Kingdom of England should be done; and because the Writing aforesaid in Our Court before Our Justices aforesaid, at Westminster was seen, and to them shewed; We command you, that you cause to come before Our said Justices, at Westminster, in the morrow of All-Souls, the aforesaid Hugh, to answer upon the Premises, 
Venire facias.  and to receive that which Our said Court shall then think convenient to consider of in that behalf: And in the mean time, you altogether forbear further to do, require, outlaw, take, or any way molest him the said Henry, with any Execution by reason of the recovery aforesaid, by any Writ of Ours to you thereof directed, by reason of the Premises: And in what manner this Our command shall you execute, you make appear to Our said Justices at the aforesaid Term: and have you there this Writ, witness, &c.    

Adjornment. Attachment.  
BE it remembered, 
The Entry of a Writ of adjournment.  That the Lady Elizabeth, now Queen of England, the seventeenth day of June, in the second year of her Reign, hath sent to Her Justices of the Bench, here Her Writ closed in these words:  
Elizabeth, &c. By virtue of which Writ, all Pleas, Writs, Bills, Precepts, and process, and other the Premises whatsoever, before the Justices here in the aforesaid eight days, fifteen days, and three weeks, of the holy Trinity, or any of them, or any other day, from thence, and from the aforesaid eight days of the holy Trinity returnable, or having day from the same eight days: And the same day, until the aforesaid eight days of Saint Michael, are adjourned: And the parties in the said Pleas, Writs, Bills, Precepts, and process, until the said eight days of Saint Michael, before the Justices here are prefixed: It is moreover commanded to all Officers, and other Ministers whatsoever, of the Kingdom of the Lady the Queen of England, that they respectively retain in their power, all and every the Writs, Bills, and Precepts, before the Justices here, in the said eight days, fifteen days, and three weeks of the holy Trinity, or in the mean time, or from thence, and from the said eight days of the holy Trinity, at any day returnable, and those at the aforesaid eight days of Saint Michael upon the same Writs, Bills, Precepts, and process, they may proceed, and process thereupon made: And all those Writs, Bills, and Precepts, and other the Premises in the said eight, and fifteen days, and three weeks, of the holy Trinity, or in the mean time at any day from hence, and from the aforesaid eight days of the holy Trinity, or in the mean time at any day certain, shall be returned without Adjornment, &c.  

TO the Sheriff of N. Greeting: You shall Attach T. H. of B. 
Attachment for the King.  in your County, Gentleman, so that you have his body before Our Justices at Westminster, in eight days of Saint hilary, to answer Us of certain Contempts, Trespasses, and misdemeanours, by the said Thomas, in Our Court committed; and you have there, &c.   

ANd hereupon, the said J. G. and J. L. 
Challenge to the Array, because the Sheriff is cousin to the Plaintiff.  do challenge the Array of the panel aforesaid, because they say, That that panel was arrayed by one R. P. Esquire, late Sheriff of the County aforesaid, cousin of the aforesaid T. D.( that is to say) son of E. sister of A. mother of the said T. D. And the same D. doth allow thereof, and saith, That he cannot deny, but that the aforesaid R. is cousin of him the said T. D. in form aforesaid; Therefore it is considered of, that that panel may be quashed, and held for nothing, &c.  
And it is commanded to the now Sheriff, that he cause to come here in the eight days of Saint hilary, twelve, &c. To aclowledge in form aforesaid, &c. M. 14 H. 7.   

AT which day the Jurors, between the parties aforesaid, 
Challenge to the Array at the Nisi Prius.  upon the Plea aforesaid, was respited thereof between them here, until this day( that is to say) from the day of Saint Michael in fifteen days then next following, unless the Justices of the Lord the King, assigned to take Assizes in the county aforesaid, by the form of the Statute, &c. On Wednesday, next after the Feast of Saint John the Apostle next past, at D. in the County aforesaid should first come, and now here at this day came as well the aforesaid J. as the said T. and A. by their Attorneys aforesaid, and the said Justices at the Assizes, before whom, &c. Have here sent their Record in these words: 
Array quashed.  Afterwards, &c. Therefore it is considered of, that the said panel be quashed, amoved, and held for nothing, and hereupon the aforesaid J. saith, that he is one of the Coroners of the Lord the King, in the County aforesaid, and prayeth Writ of our Lord the King, to directed to J. E. the other Coroner of our Lord the King, 
A Coroner Plaintiff, challengeth himself, and prayeth that the Venire facies may be directed anew to the other Coroner.  in the same County, to cause to come here a new twelve, &c. to try the issue aforesaid, &c. And because the aforesaid T. and A. have not denied this, it is granted to him, &c. Therefore it is commanded to the aforesaid J. E. the other of the Coroners of the Lord the King, in the County aforesaid, that he cause to come anew here, in eight days of Saint hilary, twelve, &c. And who neither, &c. to recognise in form aforesaid, so that the aforesaid J. the other of the Coroners, &c. do intermeddle himself in nothing therein, &c. M. 2 H. 8. Rot. 610.   

AFterwards the process being continued between the parties aforesaid, 
Challenge to the Array, because it was made by Denomination of the Plaintiss.  upon the Plea aforesaid, by Jurors thereof, respited between them, until this day,( that is to say) from the day of Easter, in fifteen days then next following, and now here at this day, come as well the aforesaid T.S. as the aforesaid J. K. and J. H. by their Attorneys aforesaid, and the Jury thereof impanelled, likewise came, and hereupon the aforesaid J. K. and J. H. challenge the Array of the first panel, because they say, that that panel was arrayed by T. T. Esquire, late Sheriff of the County aforesaid, and his Ministers, in favour of the aforesaid T. S. and at his Denomination, which said challenge by Triers thereunto chosen and sworn, is found to be true, therefore let that panel be quashed and held for nought; and it is now commanded to the Sheriff of the County aforesaid, that he cause to come anew here, from the day of Easter, in fifteen days, twelve, &c. to recognise in form aforesaid, &c. And it is likewise commanded to the said now Sheriff, that he have at the same Term, the bodies of ten Jurors, by him the said now Sheriff, into this Jury here at this day anew, put and impanelled, the same day is given, &c. T. H. 8. Rot. 607.   

ANd of this he puts himself upon the Country, 
A challenge to the Sheriff and one of the Coroners by the Plaintiff. Easter Term the tenth year of the Queen.  and the aforesaid F. in like manner, and upon this, the said F. says, That one E. Leighton Esquire, is now Sheriff of the County aforesaid, which said E. Leighton, is cousin of Elizabeth, now the wife of him the said F.( that is to say) the son of J. L. son of T. L. Knight son of J. L. son of Anne Leighton, daughter of J. S. Knight, father of C. S. mother of J. B. mother of E. M. mother of the aforesaid E. And also that he the said Francis, is one of the Coroners of our Lady the Queen, in the County aforesaid, and for these causes, he prayeth a Writ of our Lady the Queen that now is, to cause to come her, twelve, &c. To G. H. W. W. and R. H. the rest of the Coroners of our said Lady the Queen in the County aforesaid to be directed; and because the aforesaid T. doth not gainsay it, 〈◇〉 is granted unto him, &c. Therefore command is given to the aforesaid G. H. W. W. and R. H. 
Venire facias to the Coroners.  that they cause to come here five weeks after Easter, twelve, &c. by whom, &c. and who neither, &c. to recognise, &c. because as well, &c. at which day here came the parties, &c. and the aforesaid G. H. W. W. and R. H. 
Continuance thereof.  have not sent their Writ; therefore, as formerly, it is commanded G. H. W. W. and R. H. that they cause to come here on the morrow after the holy Trinity, twelve, &c. to recognise in form aforesaid, &c.    

Account.  
A Was summoned to answer W. of a Plea, 
In account against a Receiver of money at several times.  That he render unto him his reasonable account of the time wherein he was the Receiver of the money of him the said W. &c. And whereupon, &c. saith, That whereas the aforesaid A. was Receiver of the moneys of him the said W. from( such a day) until such a day and year: And by the same time received of the moneys of him the said W.( that is to say) at C. by the hands of the same W. sixty pounds: And there by the hands of one R. ten pounds, to render a reasonable account thereof to the said W. when he should be thereunto required; nevertheless, the said A. although often required, hath not yet rendered his reasonable account aforesaid, to the said W. but hitherto hath denied, and yet doth deny to render unto him the same, whereupon he saith, &c.  
And the aforesaid A. by B. C. his Attorney, 
Bar that he was Receiver as Bailiff of lands, and receiving rents.  cometh and defendeth the force and injury, when, &c. And saith, that the said W. his Action, &c. because he saith, that he was Bailiff of the aforesaid W. of one messsage, with the Appurtenances, in S. from the said( such a day) until( such a day and year) aforesaid: And by the same time, had the ear and administration of the profits & commodities of the Tenements aforesaid with the Appurtenances, and power of apprizing and letting of the Lands and Tenements aforesaid, with the Appurtenances, and by that time, to gather in and receive the rents and profits for those Lands and Tenements, to the use of the said W. by which the said A. by the time aforesaid, did receive the said sixty pounds, 
Traverseth being Receiver generally.  of the Lands of the said W. by the hands of the said W. and by the hands of the aforesaid R. the said ten pounds, as Bailiff of the aforesaid W. without this, that the same A. was Receiver of the money of the said W. in manner and form as the said W. by his Declaration above hath supposed: And this he is ready, &c. Judgement, if, &c.  
And the said W. saith, That he ought not to be barred, &c. because he saith, that the aforesaid A. was Receiver of the money of him the said W. by the time aforesaid, as, &c. And this he prayeth, &c. H. 10. J. Rot. 612.  


An account against a Bailiff of an Office, and Receiver of moneys.  A. G. was summoned to answer B. D. of a Plea, that he render to him his reasonable account of the time in which he was his Bailiff in E. and Receiver of the moneys of the said B. &c. And whereupon, &c. that whereas the aforesaid A. was Bailiff of the said B. of his Office of the Constable of his Castle of D. in the County aforesaid, from( such a day) until( such a day and year) having by the same time the care and Administration of the Office aforesaid, and of all and singular the issues and profits, coming as well of that Office, as of the custody of the Forrests, Parks, Warrens, and other places, to the said Office pertaining: And by the same time had received of the moneys of him the said Plaintiff, 
Receiver of moneys to merchandise.  by the hands of one J. S. at D. ten pounds to merchandise, and make the profit thereof for him the said B. and to render a reasonable account to the Plaintiff of the time, issues, profits, and moneys aforesaid, when he should be thereunto required, yet the said A. although, &c.   

ANd the said Defendant, 
The Defendant acknowledgeth the Action, and Auditors assigned by the Court.  &c. defendeth the force and injury, when, &c. and saith, that he cannot deny the aforesaid action of the aforesaid Plaintiff, neither, but that he was Bailiff of the said Plaintiff of the manors aforesaid, by the time aforesaid, neither, but that he ought to account with the aforesaid Plaintiff, of the time and moneys aforesaid, in the form in which the said Plaintiff hath above declared against him, and further, the said Defendant saith, that he is ready to account thereof, &c. Therefore it is considered, that the aforesaid Defendant account with the said Plaintiff, 
No bail upon confession.  &c. and hereupon A. and B. in the presence of the said Defendant, are assigned Auditors, by the Court here, to hear the said account; which said Auditors have given day to the parties aforesaid before them at W. on Friday next after eight days of Saint hilary next coming, &c.   

ELsewhere, 
Issue in account after Auditors assigned by the Court, and the Defendant builed.  as it appeareth in the Term of Saint hilary, in the thirteenth year of the now Lord the King, it is thus contained: Lincoln, ss. C. Coney, lately of, &c. to answer T. Frank of a plea, that he render to him his reasonable account, &c. and whereupon, &c.  
When, &c. and saith, that he never was Receiver, &c. And of this, &c. because as well, 
judgement in account after Issue in the country.  &c. After the process thereof continued, &c. unless, &c. Afterwards, at the day and place, &c. And the Jurors, &c. Therefore it is considered of, that the aforesaid C. account with the aforesaid T. of the time and moneys aforesaid, and be in mercy, because he did not account before, &c. Afterwards,( that is to say) the thirteenth day of February,( in such a year) it was commanded the Sheriff of L. that he take the foresaid C. C. if, &c. and him safely, &c. 
The Capias in account awarded.  So that he have his body here at this day,( that is to say) from the day of Easter, in one month next following, to account with the aforesaid T. F. of the time in which he was the Receiver of the moneys of the said T. whereof he is convicted: and now here at this day, come as well the aforesaid T. F. by his Attorney aforesaid, as the aforesaid C. C. in his proper person( by virtue of a Writ of the said Lord the King, 
The Defendant for want of bail is committed to the Fleet.  of a Capias to account taken) here brought to the Bar, and he is committed to the prison of the said Lord the King, of the Fleet, by reason of the Premises, there to stay until, &c. And the same C. saith, That he is ready to account thereof with the said T. F. &c. And hereupon, 
Auditors assigned.  O. G. gentleman, R. T. Gentleman, are assigned Auditors by the Court here, to hear the Account aforesaid; which said Auditors, Monday the two and twentieth day of June,( in such a year) at three of the clock in the afternoon of the same day, at the Office of R. Brownlow Esquire, chief Prothonotor of this Court, in the Inner-Temple, London, 
The Defendant bailed.  have assigned to the said C. to account with the said T. F. And hereupon, N. T. of, &c. T. H. of, &c. personally here in Court appointed, have undertook for the aforesaid C. in the sum of one hundred pounds: And the said C. likewise present in the same Court, did assume for himself in the sum of two hundred pounds, that he the said C. will appear before the said Auditors at the aforesaid Office of the chief protonotary, at the aforesaid day and hour above assigned: An so from day to day, at every day and place by the aforesaid Auditors to be assigned, until the account aforesaid shall be ended: And also that he will appear before the Justices of the said Lord the King here, at the day by the same Auditors to the said C. limited, when the said Auditors shall deliver their account here in Court, and so from day to day, at every day of Plea, until the Plea thereof shall be determined, and Judgement thereof given, and to render himself to the prison of the Fleet of the said Lord the King, until he shall satisfy the arrearages upon him found, if Judgement shall happen to be given against him, which said one hundred pounds, the aforesaid N. T. and T. H. have acknowledged, and each of them have acknowledged to be made of the Lands and Chattels of either of them: And which said two hundred pounds, the aforesaid C. hath acknowledged to be made of his Lands and chattels, and to the use and behoof of the said T. F. to be levied, if it shall happen the aforesaid C. to make default at any day of the Plea or Judgement to be against him: And if the said C. shall not render himself upon the said Judgement, to the prison aforesaid, there to remain in the same, until he shall satisfy the arrearages upon him found, &c. At which Monday,( that is to say) the aforesaid twenty third day of June, at three of the clock in the afternoon, of the same day aforesaid, at the aforesaid Office of the said R. B. in the Inner Temple, came as well the aforesaid R. T. by his Attorney aforesaid, as the aforesaid C. in his proper person, and the aforesaid G. and R. T. then likewise came: And the same Auditors on the aforesaid twenty third day of June, do deliver the account of the aforesaid C. of the said hundred pounds, before them, at the said day, and hour, and place, the Tenor whereof followeth in these words:  
The Account of C. C. late of, 
The account before Auditors.  &c. before O G. and R. T. Auditors, to hear that Account in the Court of Him the said Lord the King, before his Justices of the Bench at Westminster, in the County of Middlesex, by the same Court assigned, of the time in which the said C. was Receiver of the moneys of T. F.( that is to say) from the twentieth day of May, in the sixth year of the Reign of the said now Lord the King, until the first day of D. in the twelfth year of, &c. The same accountant rendereth his Account of one hundred pounds; whereof in the said Court, at the svit of the aforesaid T. he is convicted, to account of the moneys of him the said T. by the same C. by the time aforesaid, at C. in the aforesaid County of Lincoln, 
Payment pleaded before the Auditors, and Issue thereupon.  by the hands of one A. S. Esq received, to render a reasonable account thereof to the said C. when he should be required; The same C. prayeth allowance of the aforesaid one hundred pounds, and saith, That he ought to be discharged thereof, because, as to the twenty pounds of the said one hundred pounds, he saith, That after the aforesaid twentieth day of M. in the sixth year aforesaid, and before the said first day of D. in the twelfth year abovesaid( that is to say) The twentieth day of J. in the sixth year aforesaid, at B. aforesaid, paid to the said T. the said twenty pounds, to the proper use of him the said T. And this he is ready to aver, and thereof requireth allowance: And that he may be thereof wholly discharged. And as to seventeen pounds of the aforesaid one hundred pounds likewise parcel, he the same C. saith, That after the aforesaid twentieth day of M. in the sixth year aforesaid, and before the said first day of D. in the twelfth year abovesaid,( that is to say) the twentieth day of A. in the sixth year aforesaid, at B. aforesaid, paid to the said T. the said seventeen pounds, to the proper use of him the said T. And this he is likewise ready to aver, and prayeth allowance of the same seventeen pounds out of the said one hundred pounds likewise parcel: And that he may be thereof likewise discharged, &c. And as to sixty three pounds, residue of the said one hundred pounds, the said C. saith, That he, after the said time in which it was supposed him the said C. to have received the said one hundred pounds( that is to say)( such a day and year) at B. aforesaid, by the appointment and command of him the said T. paid the said A. S. the said sixty three pounds, residue of the aforesaid one hundred pounds; And this likewise he is ready to aver, and prayeth allowance of the same sixty three pounds, residue of the aforesaid one hundred pounds, and that he may be thereof wholly likewise discharged, &c.  
And the said T. F. That as to the aforesaid twenty pounds of the said one hundred pounds, 
several Replications.  which the aforesaid C. supposeth himself to have paid to the said T. on the said twentieth day of J. in the sixth year above said, the same T. saith, That the aforesaid twenty pounds, nor any moneys thereof ought not to be allowed to the said C. because he saith, That the aforesaid C. hath not paid unto the said T. the same twenty pounds, nor any penny thereof, in the form in which the said C. hath above alleged: And this he prayeth may be enquired of by the country, and the said C. likewise. And as to the aforesaid seventeen pounds of the said one hundred pounds, which the aforesaid C. supposeth himself to have paid to the said T. on the said twentieth day of A. in the sixth year above said, the said T. saith, That the aforesaid seventeen pounds, nor any penny thereof the said C. ought not to be allowed, because he saith, That the aforesaid C. hath not paid to the same T. the said seventeen pounds, nor any penny thereof, in the form in which the aforesaid C. hath above alleged: And this he likewise prayeth may be enquired of by the country, and the said C. likewise: And as to the said sixty three pounds, residue of the aforesaid one hundred pounds, which the said C. supposeth himself to have paid to the said A. S. on the said( such a day and year) at B. aforesaid, by the appointment and command of him the said T. he saith, That the said sixty three pounds, residue of the aforesaid one hundred pounds, nor any penny thereof, ought not to be allowed to the aforesaid C. because he saith, That the aforesaid C. hath not paid to the said A. S. the said sixty three pounds, nor any penny therof, in the form in which the aforesaid C. hath above alleged: And he likewise prayeth, that this may be enquired of by the country, and the aforesaid C. likewise: Therefore to try as well that Issue as the aforesaid other Issues above joined; it is commanded the Sheriff, that he cause to come here in eight days of Saint Michael, twelve, &c. Trin. 15 Jac. Rot. 769.   

T. D. late of S. in the County aforesaid, Yeoman, 
The account of a Worden of a Church against a Warden.  late Warden of the Church of S. was summoned to answer T. J. and W. R. now Wardens of the Church, of a Plea, That he render to them his reasonable account, from the time in which he was Warden, of the Church of S. and Receiver of the moneys and goods of the same Church, &c. And whereupon, &c. they say, That whereas the aforesaid T. D. was Warden of the Church aforesaid, from the Feast of E.( in such a year) until the Feast of E. then next following, and by the same time, having the care and Administration of the goods and parochial Ornaments of the same Church, and Receiver of the goods and moneys of the Church aforesaid, and by the same time had received of the moneys of the same Church, by the hands of, &c. And of the goods of that Church, by the hands of, &c. late Wardens of that Church, one Fodder of led, to render an account thereof to his Successors, Wardens of the said Church; yet the said T. D. although often required, hath not yet rendered his account of the time, moneys, and goods to the said now Wardens, but the same to them hitherto, &c.  
And the said Defendant by, 
Fully accounted pleaded.  &c. and saith, &c. Because he saith, That he, after the aforesaid time, in which it is supposed, him the said T. D. to have been Warden of the Church aforesaid, and Receiver of the moneys and goods aforesaid,( that is to say) such a day and year, at S. aforesaid, did fully account with the aforesaid J. T. and W. of the time, moneys, and goods aforesaid: And this, &c. If Judgement, &c. The Plaintiff saith, That he did not fully account, M. 2 Jac. Rot. 3304.   

OF a Plea, 
As to part fully accounted, as to the residue, not informed.  That he render to him his reasonable account, from the time in which he was Receiver, &c.  
And the said Defendant by, &c. When, &c. And as to ten pounds of the aforesaid twenty pounds, which the said Plaintiff by his Declaration aforesaid, above supposeth him the said A. within the time aforesaid to have received, he saith, That the said Plaintiff his Action ought not, &c. Because he saith, That he( after the aforesaid time in which it is supposed, him the said A. to have been Receiver of the said G. of the moneys aforesaid,( that is to say) such a day and year, at B. aforesaid, did fully account with the said G. of the time aforesaid, and of the same ten pounds: And this, &c. Whereupon he preys Judgement, if, &c. And as to ten pounds, residue of the said twenty pounds, which the aforesaid G. by his Declaration aforesaid above, hath supposed him the said A. within the time aforesaid to have received; the said Attorney of the said A. saith, That he is not informed, &c.( as in Debt) thereof undefended, therefore it is considered of, that the said A. account with the aforesaid G. of the same ten pounds, 
Mercy,  and of the time aforesaid, and the same A. thereof in mercy, &c. because he did not before account thereof, 
The account respited until, &c.  &c. But the account of the said A. thereof is respited, until the Plea aforesaid, for the said twenty pounds be ended, &c. And the aforesaid G. as to the aforesaid Plea of the said A. as to the said ten pounds of the said twenty pounds,( by him the said A. within the time aforesaid received) above in bar pleaded, he saith, That he, by any thing in the same Plea before alleged, ought not to be barred from having his Action aforesaid, thereof against him the said A. because he saith, 
Issue upon the Plea of fully a counted.  That the aforesaid A. hath not accounted with him the said G. of the same ten pounds, and of the time aforesaid in the form in which the said A. hath above alleged: and this he prayeth may be enquired of, &c. Trin. 11 Jac. Rot. 2120.   

G. J. late of, &c. to answer, T. T. and E. his wife of a Plea, 
Against a Bailiff of Teneme●ts, and Receiver of money● by husband and wife.  that he render to them his reasonable account at the time in which he was Bailiff of the said E. whilst she was sole in F. and Receiver of the moneys of her the said E. &c. And whereupon, &c. they say, that whereas the aforesaid G. was Bailiff of her the said E. whilst she was Sole of one messsage, three acres, &c. with the Appurtenances in F. A.( such a day and year) until( such a day and year) and by the same time, having the care and Administration of the Tenements aforesaid, with the Appurtenances, and to receive the rents and profits thereof, and likewise was Receiver of the moneys of her the said E. and by the same time had received of the moneys of her the said E.( that is to say) at F. aforesaid, by the hands of one J. S. five pounds and eight shillings, and there by the hands of one J. H. nine pounds and eighteen shillings, to render a reasonable account thereof to the said E. when he should be thereunto required; yet the said G. although often required his reasonable account aforesaid to the same E. whilst she was Sole, or to the same T. and E. after Espousals between them celebrated, hath not rendered, but hitherto hath denied to render to them the same, and the same to render to the said T. and E. yet doth deny; whereupon they say, that they are damnified, &c. Hil. 18 Jac. Rot. 3259.   

W. L. of, &c. to answer E. S. of a Plea, 
Against a joint Occupier of Grain.  that he render to him his reasonable account at the time in which he was Bailiff of the said E. in O. &c. and whereupon, &c. That whereas the aforesaid W.( such a day and year) at O. was Bailiff of him the said E. of sixteen Cart-load of Wheat, of the price of twenty pounds, to the common profit of them the said E. W. in the custody of him the said W. being by the delivery of the same E. and having the care and Administration of the aforesaid sixteen Cart-load of Wheat, to render his reasonable account, &c. required, &c. H. 24 Eliz. Rot. 614.   

ANd whereupon, &c. That whereas the said Defendant( such a day, 
Between partners.  year, and place) was Bailiff of him the said Plaintiff from( such a day) until( such a day) and by the same time, having the care and Administration of divers goods and chattels of him the said Plaintiff, and the said Defendant, between them equally to their common profit to be divided,( that is to say) of, &c. to the value of forty pounds, to merchandise, and render his reasonable account thereof, when, &c. Required, &c. H. 13 Jac. Rot. 1943.   

HE saith, 
Always ready to render his account.  That he always was, and yet is ready to render an account to the said D. of the said moneys above required, and prayeth to be admitted to make an account thereof, &c. Therefore let the said R. account thereof; but it is respited until the residue of the Plea be ended, &c.   

ANd whereupon, 
Against a Receiver of moneys to pay the same to servants for wages.  &c. That whereas the said Defendant( such a day and year) at G. did receive of the moneys of him the said A. by the hands of J. F. twenty marks, to pay to the servants of the said A. for wages, Fee, and salaries due to the same servants at( such a Feast) then next following, to render his reasonable account thereof, &c. M. 16 H. 8. Rot. 523.   


An account against a Bailiff of an Hundred.  THat he render to him his reasonable account of the time in which he was Bailiff of the Liberty and Franchise of him the said A. of his hundred and half of C. likewise of the manors, Lands, and Tenements of him the said A. of B. R. and H. &c. And whereupon, &c. he saith, That whereas the said Defendant was Bailiff of him the said A. of the Liberty and Franchise of him the said A. of his hundred and half of C. and likewise of the manors of him the said A. of B. R. and H. and of the Lands and Tenements( that is to say) of twenty messages, &c. with the Appurtenances in B. H. and R. aforesaid,( from such a day) until( such a day) and by the same time, having the care and administration of the Execution and Return of all and singular Writs, Warrants and Precepts, and of perceiving and receiving of all Fees, advantages, and profits, by reason of the Execution and Return of the same Writs, Warrants and Precepts, in and within the aforesaid hundred and half, and in and within the aforesaid Manors, Lands and Tenements, and within every parcel thereof: And also of the receiving, perceiving, and collection of all Fines, redemptions, issues, forfeitures, amerciaments and concords, for licence of Fines, and likewise of all, and all manner of goods and chattels of Felons, Fugitives, persons outlawed, and waived, condemnations, and attaints, and all convictions, either put in the Exigents for Felony or Treason, and also of the chattels of Felons of themselves, and of all Deodands, Wrecks of the Sea, treasure found, and of all other goods and chattels which are called Waives and Strays, and also of all profits happening and arising of Fines and Amerciaments, of evasions and escapes of all and singular Felons and prisoners, from what prisons soever within the aforesaid hundred and half, and the manors, Lands, and Tenements, with the Appurtenances to the use of him the said A. and to make the profit thereof of him the said A. and to render a reasonable account thereof, when, &c. required, yet the said Defendant, although, &c. P. 13 H. 8. Rot. 522.   

ANd the said Defendant, by, &c. when, &c. and saith, 
bar in account where the Defendant saith, that he was Receiver at another time then in the Declaration, and that for that time he did account before Auditors, without that, &c.  That the said Plaintiff his Action, &c. ought not, because he saith, that he was Receiver of the moneys of him the said Plaintiff, from( such a day) until such a day) and by the same time had received of the moneys of him the said Plaintiff in his Declaration aforesaid specified, of which said moneys, the said Defendant on the said( such a day and year) aforesaid at W. in the County of M.( before J. L. then Auditor of the said Plaintiff, by the same Plaintiff assigned to hear the account of the said Defendant at W. aforesaid) did fully account with the aforesaid Plaintiff, of the moneys and time aforesaid, without that, that the said Defendant was Receiver of the moneys of the aforesaid Plaintiff, from the aforesaid( such a day and year) abovesaid, until the aforesaid( such a day) then next following, as the aforesaid Plaintiff by his Declaration aforesaid, above hath supposed. And this, &c. if Judgement, &c.  
Ought not to be debarred, &c. because he saith, 
Replication.  That the said Defendant was Receiver of the moneys of him the said Plaintiff, the aforesaid( such a day and year) until the aforesaid( such a day) then next following, as he above hath declared against him: And this he prayeth, &c.   

ANd the said Defendant, by, &c. when, 
Saith nothing in account.  &c. and saith nothing in bar of the Action of the said Plaintiff, by which the same Plaintiff remaineth thereof undefended against the said Defendant: Therefore it is considered, that the said Defendant account with the aforesaid Plaintiff of the time and moneys aforesaid: and that he be in mercy, because he did not thereof before account, &c.    

Ancient Demesne.  
AT the Court of John, 
The form of levying a Fine in ancient Demesne.  Abbot of the Monastery of the blessed Mary of Grace, near the Tower of London, of his Mannor of Gunshil, there holden the twenty fourth day of June, in the one and twentieth year of the Reign of King Henry the eighth, before A.B.C.D. and F.G. Suitors of the same Court, according to the custom of the Mannor aforesaid, that out of mind, there used, &c. At this Court, came John T. and E. T. in their proper persons, and delivered here into Court, a certain Writ of our Lord the King, of Right close, against N. D. and John his wife, to the Bailiffs of the aforesaid Abbot directed, and according to the custom of the Mannor aforesaid, to be determined; the tenor of which Writ followeth in these words:  
Henry the eighth by the Grace of God, &c:( as in the Writ Verbatim) Teste the twenty fourth day of June, in the one and twentieh year of his Reign: And the aforesaid J. T. and E. T. do protest to prosecute that Writ, in the nature and form of a Writ of Covenant, at the Common Law, to levy a Fine thereupon, and pray process thereof to be made for them, according to the Exigence of the Writ aforesaid, and according to the custom of the Mannor aforesaid, against the aforesaid N. and J. And they found Pledges of prosecuting their Writ aforesaid,( that is to say) T. B. and W. S. Therefore, according to the custom of the Mannor aforesaid, it is commanded to T. B. Under-Bailiff of the aforesaid Abbot, of his Mannor aforesaid, and Minister of the said Court, that he summon by good Summoners, the aforesaid N. and J. that they be here at the next Court,( that is to say) at G. aforesaid, on Friday, next after the Feast of Saint John the Baptist, next to come, before the Suitors of that Court, to be holden there, to answer the aforesaid J. T. and E. of the Plea aforesaid, according to the custom of the Mannor aforesaid; The same day is given to the aforesaid J. T. and E. here, &c. At which said Court here,( that is to say) at G. aforesaid, on the said Friday, in the one and twentieth year of the Reign of the aforesaid King, before the aforesaid Suitors of the same Court, according to the custom aforesaid held, came as well the aforesaid J.T. and E. as the aforesaid N. and J. in their proper persons: And the aforesaid T. B. Under-Bailiff of the Mannor aforesaid, and Minister of the said Court likewise came, and testified here in Court, that he summoned the said N. and J. to be here at this day, to answer the aforesaid John T. and edmond, in the Premises,( that is to say) by John do, and Richard row, &c. And hereupon the aforesaid J. T. and E. in the same Court, pray that the aforesaid N. and J. may hold Covenant to them, between them made, of the said messsage, forty acres of Land, forty acres of Meadow, ten acres of Wood, and two shillings of Rent, with the Appurtenances in G. &c.( as in the Writ of Right close) and the said N. and J. pray liberty thereof, of concording with the aforesaid J. T. and E. T. and they, the said J. T. and E. T. give to the Lord Abbot, for that licence of concording with the aforesaid N. and J. three shillings and four pence, &c. Whereupon the final concord between the parties aforesaid, is made here in full Court, of the messages, Lands, and Tenements with the Appurtenances, in form following,( that is to say) that the aforesaid N. and J.( she examined alone, as the manner is) do aclowledge the messages and Tenements aforesaid, with the Appurtenances, to be the Right of the aforesaid J. T. as those which the aforesaid J. T. and E. have of the gift of the aforesaid N. and J. and those they remised and quit claimed from them the said Nicholas and Johan, and the heirs of the said Johan, to the said J. T. and E. and the heirs of him the said J. T. for ever: And moreover, they the said N. and Johan, have granted for them and the heirs of the said Johan, that they will warrant the messages and Tenements aforesaid, with the Appurtenances, to the said J. T. and J. and the heirs of him the said J. T. against all men for ever; And for this recognisance, remise, quit claim, warranty, fine, and concord, they the said J. and E. have given to the aforesaid N. and J. ten pounds of Silver, &c.   

assize.  
WEstmerland ss. An assize comes to recognise, 
An assize brought for common of Pasture for all manner of cattle.  whether T. W. Knight, and L. W. unjustly, and without Judgement, have dizseized H. Earl of Cumberland, of his common of Pasture in R. which pertains to his Freehold in R. within thirty years, now last past, &c. And whereupon the said Earl, by H. D. his Attorney, Complains that the aforesaid T. W. hath dizseized him of his common of Pasture, to wit, for commoning every year, all times of the year, in five hundred acres of Pasture, with the Appurtenances in R. aforesaid, with all Horses, Oxen, Cows, Swine, and Sheep, and other cattle, and beasts, in his Mannor of R. in the County of R. Levant and Couchant, which pertains to his Free-hold in R.( that is to say) to his Mannor aforesaid: And for the Title of the common of Pasture aforesaid, and the assize aforesaid thereupon to be had, the said Earl saith, that one H. lately Earl of Cumberland, father of him the said now Earl, whose heir he is, was seized of the Mannor aforesaid, with the Appurtenances, in his Demesne as of Fee: And that he the said late Earl, and all those, whose Estate the said Earl in that Mannor, with the Appurtenances had, from the time whereof the contrary is not extant in the memory of man, have had, and have been accustomend to use and have for themselves and their Tenants, for term of life, years, or at will, of their Mannor aforesaid, and of every parcel thereof, common of Pasture, with the cattle and beasts aforesaid, in the Mannor aforesaid, levant and couchant, every year, at all times of the year, on the aforesaid five hundred acres of Pasture, as unto the Mannor aforesaid pertaining: And he the said late Earl of the Mannor aforesaid, with the Appurtenances, being so seized of such his Estate, died thereof seized; after whose death, the Mannor aforesaid, with the Appurtenances, did descend to him the said now Earl, as son and heir of the aforesaid late Earl; by which the said now Earl, into the Mannor aforesaid, with the Appurtenances, did enter, and was, and yet is thereof seized in his Demesne, as of Fee: And being so thereof seized, he the said now Earl, before the day of the issuing forth of the original Writ of Assize aforesaid, put his cattle, that is to say, two Oxen and two Horses, in the aforesaid Mannor, levant and couchant, on the aforesaid five hundred Acres of Pasture, to feed upon the Grass there then growing, using his Common aforesaid: And the said cattle were eating the Grass there then growing, until the aforesaid T. before the day of the issuing of the aforesaid Writ of him the said now Earl, of his Common of Pasture aforesaid, unjustly and without judgement did disseise, as he above against him hath complained: And this he is ready to aver, and thereupon demands the Assize, &c.  
And the aforesaid T. by J P. his Attorney, cometh and saith, That he hath done no injury or disseizin to the aforesaid now Earl, 
Plea, no wrong nor disseisin.  of the Common of Pasture aforesaid, in the aforesaid five hundred Acres of Pasture in view, &c. put, and in the Plaint aforesaid specified: And upon this he puts himself upon the Assize, and the aforesaid now Earl in like manner: Therefore the Assize is to be taken thereupon between them, &c.  

PLeas of Assizes at the Castle of Exon in the County of Devon, 
assize.  on Thursday in three weeks after the Quadragesima, in the fourth year of the Reign of Edward the sixth, by the Grace of God, King of England, France, and Ireland, Defender of the Faith, before humphrey Brown, Knight, and J. H. Knight, Justices of the Lord the King, assigned to take Assizes in the County aforesaid, &c.   

The Assize cometh to recognise, 
assize against three which pled severally.  If John Giles, Gent. W. G. Gent. and R. P. Esq unjustly, &c. have dizseized N. C. Esq of his Freehold in Great Toton within thirty years, &c. And thereupon the said N. in his proper person doth complain, That they have dizseized him of one messsage, with the Appurtenances, &c.   

And the aforesaid J.W. 
The adjournment of the assize.  and R. by V. C. their Attorney, come, and hereupon for certain Causes and Considerations, the Justices, here moving, the Assize aforesaid is adjourned before the Justices at Westminster, in the County of Middlesex, in the Exchequer Chamber there, until Thursday next after fifteen days of Easter next ensuing, the same day is given to the parties aforesaid there, &c. At which day, at the Exchequer Chamber aforesaid, came as well the said N. by A. B. his Attorney, as the said J. W. and R. by their Attorney asoresaid; and the said R. saith, That he is not, neither at the day of the issuing forth of the original Writ of Assize aforesaid, 
Non-tenure, and if, &c. 1. Tenant.  nor any time afterwards, was, Tenant of the Freehold of the messsage aforesaid, with the Appurtenances in the aforesaid Writ of Assize name; and this he is ready to aver, 
Never seized, if, &c.  whereupon he desires judgement of that Writ, &c. And if, &c. then he the said R. saith, That the aforesaid N. was never seized of the messsage aforesaid, with the Appurtenances of such an Estate, so that he might thereof be dizseized; and if, &c. then the said R saith, That he hath done no Injury or Disseizin to the said N. of the messsage aforesaid, with the Appurtenances: 
No wrong, &c.  And of this he putteth himself upon the Assize, and the aforesaid N. likewise; therefore let the Assize thereof between them be taken, &c. and the aforesaid J. answereth as Tenant of the Freehold of the messsage aforesaid, in the view of the Recognitors of the Assize aforesaid put, and in the Plaint aforesaid specified with the Appurtenances; 
The second Tenant answers as Tenant in ancient Demesn to part.  and as to the third part of the said messsage, with the Appurtenances in three parts to be divided, he saith, That the aforesaid third part, with the Appurtenances is held of R. C. as of his Mannor of Great Toton in the County aforesaid, which Mannor is of ancient Demesn of the Crown of the Lord the King of his Kingdom of England; and that the aforesaid third part, with the Appurtenances, is pleadable, and hath been pleaded in the Court of the Mannor aforesaid by a petty Writ of the Lord the King of Right-close, from the time of the contrary of which the memory of man is not extant: And this he is ready to aver; whereupon he prayeth judgement, 
Bar by Feoffment.  if the Court of the Lord the King here will hold cognizance of the Plea thereof: and as to the moiety of the residue of the aforesaid messsage, with the Appurtenances, the said J. saith, That the said Assize thereof between him and the aforesaid N. ought not to be made, because he saith, That one N. S. was seized of the said moiety, with the Appurtenances in his Demesn as of Fee; and being thereof so seized of the same moiety, with the Appurtenances, did enfeoff one A P to hold to him and his Heirs for ever: by virtue of which Feoffment the said A. was thereof seized in his Demesn as of Fee, the state of which said A. of and in the moiety aforesaid, 
What Estate.  with the Appurtenances, the said J. now hath, and the said N. C. claiming the mo●ety aforesaid, with the Appurtenances, 
Colour.  by colour of a certain Writing of Demise to him thereof made for term of his life by the aforesaid N S. whereas none of that moiety with the Appurtenances into the Possession of the aforesaid N. C.( by that Writing ever passed) into that moiety with the Appurtenances did enter: Upon the possession whereof, of the said N. C. one G. M. into the moiety aforesaid, with the Appurtenances did enter; upon the possession of which said M. G. thereof, the said J. into the moiety aforesaid, with the Appurtenances, did re-enter, as it was lawful for him, and this he is ready to aver: whereupon he requires judgement, if the Assize thereof between him and the said N. C. in that behalf ought to be made, &c. And as to the residue of the messsage aforesaid, with the Appurtenances, the said J. saith, 
Bar by Feoffment pleaded to the ●esidue.  That the Assize between him and the aforesaid N. ought not to be, because he saith, that one J. P. was seized of that residue, with the Appurtenances in her Demesn as of Fee: and being thereof so seized of the residue thereof, with the Appurtenances, did enfeoff R. K. R. R. D. I. and T. P. to hold to them and their Heirs for ever: By virtue of which Feoffment the said R R. D. and T. were thereof seized in their Demesn as of Fee: 
The Estate.  The Estate of which said R. R. D. and T. of and in that residue, with the Appurtenances, the said J. now hath: And the aforesaid N C. 
The Colour.  claiming that residue, with the Appurtenances, by colour of a certain Writing of Demise to him thereof made for term of his life by the said Joan, whereas none of that residue, with the Appurtenances, into the possession of the said N. C. by that Writing ever passed, into that residue with the Appurtenances did enter; upon the possession of which said N. C. thereof, the said G. M. into that residue, with the Appurtenances, did enter: upon whose Possession thereof, the said G. M. the said J. into that residue, with the Appurtenances, did re-enter, as it was lawful for him: And this he is ready to aver, whereupon he requires judgement, if the Assize thereof between him and the aforesaid N. C. in this behalf ought to be made, &c.  
And the aforesaid W. 
The Tenant onswereth as T●nant by another Tenant.  Giles answereth as Tenant of the Freehold of the messsage aforesaid, with the Appurtenances, without that, That the said J. and R. have any thing in the same, and saith, That the Assize between him and the aforesaid N. C. in this behalf ought not to be made, because, as to the third part of that messsage in three parts divided, 
The Plain●iff never seized within thirty years of part.  the said W. saith, That the aforesaid N. C. was never seized of that third part, with the Appurtenances, within the aforesaid thirty years, of such an Estate, so that he might thereof be disseised: And this he is ready to aver, whereupon he requireth judgement, if the Assize thereof between him the said W. and the aforesaid N. C. in this behalf ought to be made, &c. And as to the moiety of the residue of the messsage aforesaid, with the Appurtenances, the said W. saith, That one Richard Wolston was seized of the same moiety, with the Appurtenances, in his Demesn as of Fee: And so being thereof seized of that moiety, with the Appurtenances, did enfeoff one A. P. to hold to him and his Heirs for ever: By virtue of which Feoffment the said A. 
Th Estate.  was thereof seized in his Demesn as of Fee: the Estate of which said Anne, of, and in the moiety aforesaid, with the Appurtenances, the said W. now hath; and the aforesaid N. C. claiming the moiety aforesaid, with the Appurtenances, 
The Colour.  by colour of a certain Writing of Demise, to him thereof made for term of his life, by the said R. Wolston, whereas none of that moiety, with the Appurtenances, into the Possession of the aforesaid N. C. by that Writing ever passed, into that moiety, with the Appurtenances. did enter, upon the Possession of which said N. C. thereof, one M. G. into that moiety, with the Appurtenances, entred upon the Possession thereof, upon which said M. G. the said W. into the moiety aforesaid, with the Appurtenances, did re-enter, as it was lawful for him: And this he is ready to aver, whereupon he requires judgement, if the Assize thereof between him and the aforesaid N. C. in this behalf ought to be made, &c. And as to the residue of the messsage aforesaid, with the Appurtenances, the said W. saith, 
Bar by descent in tail to the residue.  That one T. Haxte, and H. D. were seized of that residue, with the Appurtenances in their Demesn as of Fee, and being thereof so seized, gave that residue, with the Appurtenances, to one T. Pomeroy, and A. his Wife, and the Heirs of their Bodies issuing, 
Gist in tail.  by which Gift the said T. and A. were thereof seized in their Demesn as of Fee-tail: And so thereof seized, the said T. P. dyed, and the said A. over-lived him, and was seized of that residue, with the Appurtenances, in her Demesn as of Fee-tail, by right of accrueing, &c. And so thereof seized, dyed thereof seized, 
Descent.  after the death of which said A. that residue, with the Appurtenances, did descend to one R. P. as Son and Heir of the Bodies of the said T. P. and A. issuing, by virtue of which the said R. into that residue, with the Appurtenances, entered, and was thereof seized in his Demesn as of Fee-tail, by form of the Gift aforesaid: And being thereof so seized of that residue, with the Appurtenances, did enfeoff the said W. Giles, to hold to him and his Heirs for ever: By virtue of which Feoffment the said W. G. was thereof seized in his Demesn as of Fee: 
The Colour.  And the said N. claiming that residue, with the Appurtenances, by colour of a certain Writing of Demise to him thereof made for term of his life, by the aforesaid T. H. and H. whereas none of that residue, with the Appurtenances, into the Possession of him the said N. C. by that Writing ever passed, into that residue, with the Appurtenances, did enter, upon the Possession thereof, upon which said N. C. one G. M. entered upon the Possession thereof, upon which said G. the said W. into that residue, with the Appurtenances, did re-enter, as it was lawful for him: And this he is ready to aver, whereupon he requires judgement, if the Assize thereof between him and the aforesaid N. C. in this behalf ought to be made, &c.  
And the aforesaid N C. saith, That the aforesaid W. G. is, 
Election of the Tenant.  and the aforesaid day of the issuing forth of the Writ of Assize aforesaid, was, Tenant of the Freehold of the whole messsage aforesaid, with the Appurtenances, without that. That the aforesaid John hath any thing in the same: And as to the aforesaid Plea of the said J. G. above in Bar pleaded, the said N. C. saith, 
Demurrer to Plea in Bar.  That that Plea is not sufficient in Law to have precluded him the said N C. from his Assize aforesaid against him; and that he to that Plea, in manner and form aforesaid pleaded, hath no need, neither by the Law of the Land is held, to answer: and this he is ready to aver, whereupon he requires judgement, and that he may proceed to take the Assize thereof, between him and the aforesaid J. G. &c. And as to the Plea aforesaid, of the said W. G. above in Bar of the Assize aforesaid pleaded, the said N. C. saith. That he by any thing in the same Plea before alleged, from his Assize aforesaid, against the said W. ought not to be precluded, because as to the aforesaid first Plea, 
Issue taken, that the Peaintiff was seized within thirty years.  of the said W. G. to the said third part of the messsage aforesaid, with the Appurtenances, in the same first Plea of him the said W. G. above specified, N. C. saith, That he himself was seized of the same third part, with the Appurtenances, within the aforesaid thirty years, of such an Estate, so that he might thereof be dizseized, and of this he putteth himself upon the Assize, and the aforesaid W. Giles in like manner, therefore let the Assize thereof between them be taken, 
Title by descent in Fee.  &c. And as to the aforesaid second Plea of the said W. G. to the aforesaid other moiety, residue of the messsage aforesaid, with the Appurtenances, in the same second Plea of him the said W. G. above specified, the said N. C. saith, That one C. Wyvel was seized of the aforesaid moiety, of the residue aforesaid, with the Appurtenances, in his Demesn as of Fee, and so thereof seized, dyed thereof seized, after whose death, the same moiety of the residue aforesaid, with the Appurtenances, did descend to one J. C. as Son and Heir of the said Christian, by virtue of which, the said J. into the same moiety of the residue aforesaid, with the Appurtenances, did enter, and was thereof seized in his Demesn as of Fee, and so thereof seized of such Estate thereof dyed by Protestation seized, after the death of which said J. C. the said moiety of the residue aforesaid, with the Appurtenances, 
The second descent by protestation.  did descend to the said N. C. as next cousin and Heir of the said J. C. by which the said N. C. into the aforesaid moiety of the residue aforesaid, with the appurtenances, entred, and was thereof seized in his Demesn as of Fee, until the aforesaid J. G. W. G. and R. P. him the said N. C. thereof unjustly, &c. did disseise, as the said N. C. above against them complaineth, and this he is ready to aver, whereupon he requires judgement, and that he may proceed to the taking of the Assize thereof aforesaid between him the said N. C. and the aforesaid W. G. &c. And as to the third Plea aforesaid of the said W. G. to the aforesaid residue of the messsage aforesaid, 
Title by descent in Fee.  with the Appurtenances in the same third Plea of him the said W. G. above specified; he the said N. C. by Protestation, not acknowledging that the said T. Hext, and H. D have given that residue, with the Appurtenances to the said T. P. and A. to hold to them and their Heirs of their Bodies issuing, in manner and form as the said J. G. above hath alleged, for Plea the said N. C. saith, That one C. W. was seized of the aforesaid residue, with the Appurtenances, in his Demesn as of Fee, and so thereof seized, dyed thereof by Protestation seized; after whose death, the said residue, with the Appurtenances, did descend to one J. G. as Son and Heir of the said C. By virtue of which the said J. into the same residue, with the Appurtenances, did enter, and was thereof seized in his Demesn as of Fee, until the aforesaid A. and R. P. the aforesaid J. C. to the use of the said A. thereof unjustly, &c. 
Disseisia to another use.  did disseise, &c. By virtue whereof the same A. was seized of that residue, with the Appurtenances, in her Demesne, as of Fee by disseisin, &c. and so thereof seized by disseisin, the same A. died thereof seized; after the death of which said A. the same residue, with the Appurtences did descend to the said R. P. as son and heir of the aforesaid A. by vertne whereof the said R. P. into that residue, with the Appurtenances, did enter, and was thereof seized in his Demesne as of Fee: and afterwards the aforesaid J. C. died, after whose death, the said N. C. as next of consanguinity, and heir of the said J. C. into that residue, 
The Desseisor dying, the heir of the Diss●isor enters.  with the Appurtenances, did enter, and was thereof seized in his Demesne as of Fee, until the aforesaid J. G. W. G. and R. P. now Tenants, him the said N. C. thereof unjustly, &c. did disseise: And this he is ready to aver; whereupon he requires judgement, and that he may proceed to the taking of the Assize thereof between him the said N. C. and the aforesaid W. G. &c.  
And the aforesaid W. G. 
The assize to be taken upon the first Title pleaded.  as to the aforesaid first Title of the said N. C. to the aforesaid moiety of the aforesaid residue, with the Appurtenances, in the same first Title of the said N. G. specified, he requires that upon the aforesaid Title of the said N. C. the Assize may be taken between him and the aforesaid N. C. to the aforesaid moiety of the residue aforesaid, &c. And the aforesaid N. C. in like manner; therefore upon that Title, let the Assize be taken between them, &c.  
And the aforesaid W. G. 
For the second Title, the Tenant doth maintain his Bar, and traverses the Diss●isin.  as to the aforesaid second Title of the aforesaid N. C. to the aforesaid residue of the messsage in the view of the Recognitors of the Assize aforesaid put, and in the Plaint aforesaid specified, with the Appurtenances, as before he saith, that the aforesaid T. H. and H. D. were seized of that residue, with the Appurtenances, in their Demesne as in Fee, and so thereof seized, did give that residue, with the Appurtenances, to the said T. P. and A. his wife, and the heirs of their bodies issuing; by which gift, the said T. P. and A. were thereof seized in their Demesne as of Fee-tail, and being thereof seized, the said T. P. died; and the aforesaid A. him over-lived, and was seized of that residue, with the Appurtenances, in her Demesne as of Fee-tail, by right of accrueing, &c. and so thereof died seized; after whose death, that residue, with the Appurtenances, did descend to the said R. P. as son and heir of the bodies of the said T. P. and A. issuing, by virtue whereof the said R. P. into that residue, with the Appurtenance, did enter, and was thereof seized in his Demesne as of Fee tail, by force of the gift aforesaid, and so thereof seized of that residue, with the Appurtenances, did infeoff the said W. G. to hold to him and his heirs for ever; by virtue of which Feoffment, 
Trave●se.  the said W. was thereof seized in his Demesne as of Fee, as he above hath alleged, without that, that the aforesaid A. and R. P. in the aforesaid third Plea of the said W. G. specified, unjustly, &c. did disseise the aforesaid J. C. of the aforesaid residue of the said messsage, with the Appurtenances, in manner and form as the aforesaid N. C. above hath alleged: And this he is ready to aver; whereupon, as before, he requires Judgement; and that the aforesaid N. C. from his Assize aforesaid there against him to be had, may be barred, &c.  
And the aforesaid N. C. as before, 
Issue upon the Traverse.  saith, That the aforesaid A. and R. P. unjustly, &c. did disseise the aforesaid J. C. of the aforesaid residue of the aforesaid messsage, with the Appurtenances, as he above hath alleged: And this he requires may be enquired of by the Assize, and the aforesaid W. G. in like manner: Therefore let the Assize thereof between them be taken, 
The assize adjourned.  &c. And thereupon the last Assize aforesaid is adjourned before the aforesaid Justices of the Lord the King, assigned to take the Assizes in the County aforesaid, at the Castle of Exon aforesaid, 
Resummons awarded.  until Monday the twenty first day of July next to come. Therefore it is commanded to the Sheriff, that he re-summon by good Summoners, the Recognitors of the Assize aforesaid, that then they be there to make recognition of that Assize: And in the mean time, &c. The same day is given as well to the aforesaid N. C. as the aforesaid J. W. and R. P. now Tenants there, &c.   

THe Assize came to recognise, 
assize against two, and both of them say, that he is sole Tenant, and the Plaintiff chooseth one for Tenant.  If Edward Earl of Derby, and J. Aunsel, unjustly, &c. have dizseized, J. Newdigate of his Free-hold in H. within thirty years, &c. And whereupon the same J. N. by John Bill, his Attorney, doth complain, that they have dizseized him of thirty acres of Pasture, and four acres of Moor, &c. And the aforesaid Earl, and J. A. by G. H. their Attorney, came, and the same Earl saith, That he is sole Tenant of the Free-hold of the Tenements aforesaid, 
Sole Tenancy by one pleaded.  in view of the Recognitors of the Assize aforesaid put, and in the Plaint aforesaid specified, with the appurtenances, and requires judgement of the Writ of Assize aforesaid, because he saith, That those Tenements in the view of the Recognitors aforesaid put, 
The Tenants are in another Village, and if, &c. Then no wrong to the Plaintiff.  and in the aforesaid Plaint specified, with the Appurtenances are, and at the day of the obtaining of the Writ aforesaid, were in Hillingdon in the County aforesaid, and not in Herfield aforesaid, as by the said Writ above is supposed: And this he is ready to aver, whereupon he requires judgement of that Writ, &c. And if, &c. then the same Earl saith. That he hath done no injury or disseisin to the aforesaid J. N. of the Tenements aforesaid, with the Appurtenances; And of this he putteth himself upon the assize, &c.  
And the aforesaid J A. saith, 
Sole Tenancy by the second Tenant pleased.  That he is sole Tenant of the Freehold of the aforesaid Tenements, in the view of the Recognitors of the Assize aforesaid put, and in the Plaint aforesaid specified, with the Appurtenances: Without that, that the aforesaid Earl hath any thing, or the day of the obtaining of the original Writ aforesaid, or any time afterwards had in the same. And as to the thirty acres of Pasture, and fifteen arcres of Wood, of the aforesaid Tenements, with the Appurtenances, the said J. A. demandeth Judgement of the Writ of Assize aforesaid; because he saith, That the same thirty acres of Pasture, 
Part of the Tenements are in another Village, &c. And if, &c. then no wrong to the Plaintiff.  and fifteen acres of Wood, with the Appurtenances are, and the aforesaid day of the obtaining of the original Writ of Assize aforesaid were in Culham, in the County aforesaid, and not in Herfield aforesaid, as by the Writ aforesaid above is supposed: And this he is ready to aver; Whereupon he requires judgement of that Writ, &c. And if, &c. Then the same J. A saith, That he hath done no injury or disseisin of the same thirty acres of Pasture, and fifteen acres of Wood, with the Appurtenances to the said J. N. And of this he putteth himself upon the Assize, &c.  
And as to the whole residue of the Tenements aforesaid, 
Bar by descent with what Estate.  with the Appurtenances, in view of the Recognitors aforesaid put, and in the Plaint aforesaid specified, the said J. A. saith, That the Assize thereof between him and the aforesaid J. N. in this behalf, ought not to be made, &c. Because he saith; that one T. late Earl of Derby, was seized of the same residue, with the Appurtenances, in his Demesne as of Fee, and so thereof seized of such his Estate thereof, afterwards died thereof seized, after whose death, that residue, with the Appurtenances, did descend to the aforesaid now Earl, as son and heir of the aforesaid late Earl, by which the said now Earl, into that residue, with the Appurtenances, entred, and was thereof seized in his Demesne, as of Fee, whose Estate of the said now Earl, of and in that residue, with the Appurtenances, the said J. A. now hath in the same: And the aforesaid J. N.( claiming that residue, 
The colour.  with the Appurtenances, by colour of a certain Writing of Feoffment thereof to him made, by the aforesaid late Earl, for the term of his life; whereas none of that residue, with the Appurtenances, in the possession of the aforesaid J. N. by that Writing ever passed) into that residue, with the Appurtenances, upon the possession of the aforesaid J. A. did enter; upon the possession of which said J. N. one H. Hart did enter; upon the possession of which said H. H. the said J. A. in the same residue, with the Appurtenances, did re-enter, as it was lawful for him; and this he is ready to aver, whereupon he prayeth judgement, if the Assize of that residue, with the Appurtenances, between him and the aforesaid J. N. ought to be done.  
And the aforesaid J. N. saith, That the aforesaid now Earl is, 
Election of the Tenant.  and the day of the obtaining of the original Writ of Assize aforesaid,( that is to say)( such a day and year) was Tenant of the Free-hold of the Tenements aforesaid, in the view of the Recognitors of the Assize aforesaid put, and in the Plaint aforesaid specified, with the Appurtenances, and that the said J. N. to the Plea of the aforesaid J. A. above pleaded, by the Law of the Land, is not held to answer, &c. And as to the aforesaid Plea of the aforesaid now Earl, in cessation of the Writ aforesaid above pleaded, the said J. N. saith, That his Writ aforesaid, for the reason in the same Plea before alleged, ought not to be quashed, because he saith, That the Tenements in view of Recognitors of the Assize aforesaid put, and in the Plaint aforesaid specified, with the Appurtenances, are, and the aforesaid day of the obtaining of the original Writ of Assize aforesaid, were in Herfield aforesaid, as by the Writ aforesaid above is specified. And this he prayeth may be enquired of by the Assize, and the aforesaid Earl in like manner; therefore let the Assize thereof between them be taken, &c. But that Assize is to remain to be taken here, 
The Hab●as Corpora.  until Tuesday next after the Feast of All-Saints, for default of Recognitors, because none came, therefore let the Sheriff have their bodies, &c. And in the mean time, &c. at which day here come, as well the aforesaid J. N. as the aforesaid Earl and J. A. by their Attorneys aforesaid, and hereupon the Assize aforesaid remaineth to be taken here, until Thursday next after the Feast of All-Saints, for default of Recognitors, because none came, therefore let the Sheriff have their bodies, &c. and in the mean time, &c. at which day, here come as well the aforesaid J. N. as the aforesaid Earl and J. A. by their Attorneys aforesaid, and the Recognitors thereof impanelled and called likewise come, and hereupon the aforesaid Earl challengeth the Array of the Assize aforesaid, because he saith, That the aforesaid Earl is, and the day of the obtaining of the Writ of Assize aforesaid, 
Challenge to the Array for that no Knight is returned.  and before, was one of the Noble men and Peers of this Kingdom, having a place and voice in every Parliament of the same Kingdom, and that the Array of the Assize aforesaid was made by T. O. and W. H. late Sheriff of the said County of Middlesex,( no Knight, in the same panel of Array, being name or returned) as it ought to be, according to the Law of this Kingdom, and this he is ready to aver, whereupon the said Earl requires judgement, and that the panel aforesaid may be quashed, &c.  
And the aforesaid J. N. saith, The said challenge to the Array of the panel of the Assize aforesaid, 
The Plaintiff demurs in Law to the challenge.  by him the said Earl above alleged, is not sufficient in Law, to quash the Array of that panel, and that he to that challenge in manner and form aforesaid, above alleged, hath no need, neither by the Law of the Land is held to answer, and this he is ready to aver; whereupon he preys Judgement, and that the Array of that panel may be affirmed, &c.  
And the aforesaid now Earl, 
Jovnder in demurrer.  for that he hath above alleged sufficient challenge to quash the Array of the panel aforesaid, which he is ready to aver; which said challenge the aforesaid J. N. hath not denied, neither hath answered any thing to it, but altogether refuseth to admit of the proof thereof; therefore the aforesaid now Earl prayeth judgement, and that the Array of that panel may be quashed, &c. And because the Justices here will advice themselves of, and upon that challenge, before they give judgement thereof, day is given as well to the aforesaid J. N. as the aforesaid now Earl, and likewise to the said J. A. and also to the Recognitors aforesaid, now here appearing, until Thursday next after eight days of Saint Martin, next to come, of hearing their judgement thereof in that, that the Justices hear thereof not yet, &c. At which Thursday, here come as well the aforesaid J. N. as the aforesaid now Earl, and J. A. by their Attorneys aforesaid, and the aforesaid Recognitors being called, likewise come, and upon that, the challenge aforesaid of the said now Earl, the Array of the panel of Assize aforesaid, being seen, and by the Justices here more fully understood, it seemeth to the said Justices here, that the Array of that panel of Assize in manner and form aforesaid, by the said late Sheriff of Middlesex, arrayed and returned, is insufficient, 
The Array quashed.  and of no force or effect in the Law, therefore it is considered of, that that panel be quashed, and wholly held for nothing, &c.   

THe Assize came to recognise, If J. C. of C. and M. his wife, 
An assize of Common of Pasture with the Title thereof.  unjustly, and without judgement, have dizseized Richard, Abbot of ford, of his common of pasture in C. afterwards, &c. And whereupon he complaineth, that they have dizseized him of his common of pasture, to wit, to have common of two acres of land of them the said J. C. and M. with two hundred Sheep, ten Bullocks, and four Heifers, with their increase every year, by the whole year, and for the Title of the Free-hold and Assize of the common aforesaid, the said Abbot saith, That he, and all his Predecessors, Abbots of ford, as in the right of their Church, of the blessed Mary of Ford, from the time of the contrary, of which the memory of man is not, were successively seized of the common aforesaid, as of their Free-hold, as in gross, until the aforesaid J. C. and M. him the said Abbot unjustly, and without Judgement did disseise, and he prayeth the Assize, &c.   

THe Assize cometh to recognise, If T. T. and A. his wife, 
Otherwise, when the Land ties to w●●ck, with a Title thereof granted for term of life.  unjustly, &c. have dizseized J. C. and C. his wife, of their common of pasture in B. after that, &c. And whereupon they complain, that they have dizseized them of their common of pasture, to wit, to have common in three hundred acres of Land, and three acres of Meadow, in the Town aforesaid,( that is to say, in the land aforesaid, when that land lieth fallow by the whole year; and when that land is sowed, after the blade mowed, gathered together, and carried away, until that land is sowed again, and in the Meadow aforesaid, after the grass in the same mowed, and the Hay thereof made and carried away, until the middle of March, with all manner of cattle every year, and for the Title of the Free-hold, and the Assize of the common aforesaid the same J. and C. his wife, say, That one C. Dymock, and all his Ancestors, time out of mind, were seized of the common aforesaid, as of one gross by itself as of Fee, and being so thereof seized by her certain Writing indented, the one part thereof signed with the Seal of her the said C. D. the said J. C. and C. his wife, bring here in Court, the date whereof is at S.( such a day and year) did give and grant to the said J. C. and C. his wife for term of their lives, and the longer liver of either of them: by virtue of which Gift and Grant, the said J. C. and C. his wife were seized of that common, with the Appurtenances, as of Free-hold, until the aforesaid T. C. and A. them unjustly, and without judgement did disseise, and prayeth Assize, &c.   

THe Assize came to recognise, 
An Assize of Estovers with Title, by Presersption.  If T. Prior of T. unjustly, &c. hath dizseized J. H. of his Free-hold in D. after that &c. And whereupon he saith, That he did disseise him of his reasonable Estovers, to one messsage and two roods of land, called Plow-lands, in the Town aforesaid, to be taken in two hundred acres of Wood, in the same Town,( that is to say) To make new houses, and to repair old houses, and to make new hedges, and to repair old hedges, and to make new folds, and to repair old folds, of green wood, as of old wood, without view or leave, and of wood to repair three Stairs in the aforesaid messsage: And for the Title of the Free-hold, and Assize of the Estovers aforesaid to be had, the said J. saith, That he and all his Ancestors, and all those whose Estate he hath in the messsage and Tenements aforesaid, time out of mind, were seized of the Estovers to be taken in the wood aforesaid; And this he is ready to aver, and prayeth Assize, &c.   

THe Assize cometh to recognise. 
Assize of annoyance of turning the water-course.  If G. D. R. M. and J. R. unjustly, &c. did turn the course of a certain Water in R. to the annoyance of the Free-hold of W. B. and J. B. in the same Town; And whereupon the said W. B. and J. B. by T. H. their Attorney, do complain; That whereas the said W. B. and J. B. are, and long since were seized of three acres of Meadow, with the Appurtenances, in the aforesaid Town of R. To which said Meadow, a Water, called F. time out of mind, directly through the middle of the two acres and a half of the Meadow of the aforesaid G. in the same Town was used to run, which said Water, the said W. B. and J. B. and all those whose Estates they have in the aforesaid three acres of Meadow, from the whole time aforesaid, were used at every time of the year, with the Water aforesaid, to overflow and water that Meadow, the aforesaid G. R. and J. R. have unjustly diverted the course of the Water aforesaid, in the two acres and half of Meadow of the aforesaid G. so that the Water aforesaid, at every time of the year cannot run into the aforesaid two acres of Meadow of the said W. B. and J. B. So that whereas the said W. B. and J. B. might, and were used to have had every year in the same three acres of Meadow, six Cart-load of Hay, now they can have in the same Meadow but one Cart-load of Hay; and so to the annoyance, and requires the Assize, &c.   

SUssex ss. The Assize came to recognise, 
assize for diminishing the Water in a Pond, by which he lost his fishing, and the watering of his cattle.  If William Farnfold unjustly, &c. hath let out a Pond in S. and Estgrensted, to the annoyance of the Fre-hold of E. caril, Esquire, in the same Town, within thirty years, &c. And whereupon the said E. by A. B. his Attorney, complaineth, That whereas a certain Water, called R. time out of mind, did run in a streight and moderate course of running, in six acres of Meadow, of the aforesaid E. in S. and E. aforesaid, of which the same E. is, and long since was seized in his Demesne as of Fee: And the said E. and all those whose Estate he the said E. hath in the same six acres of Meadow, by the whole time aforesaid, in the Water aforesaid, have fished, and were accustomend to fish, and the fish thereof yearly to the value of forty shillings, have taken and carried away, and his cattle feeding in the same six acres of Meadow, in the Water aforesaid, by the whole time aforesaid have watered: And he the said E. being of the same six acres of Meadow, with the Appurtenances, being so seized, the aforesaid W. F. hath raised the said Pond over-thwart the Water aforesaid, so near the aforesaid six acres of Meadow, that the Water aforesaid, which in the said six acres of Meadow, at every time of the year, was used moderately to run through in Summer-time, is wholly obstructed, and the aforesaid six acres of Meadow, in every increasing of the Water; and whensoever the aforesaid W. F. hath opened the Flood-gates of the Pond aforesaid, by abundance of water, being in the Pond aforesaid, wholly was drowned, and so to the annoyance, &c.   

THe Assize cometh to recognise, If William Jeoffreys, B. L. 
An assize for an Office of a Filazer.  and J. K. unjustly, &c. did disseiz Nicholas V. of his Free hold in Westminster, within thirty years now last past, &c. And whereupon the same N. in his proper person doth complain, that the aforesaid W. B. and J. have dizseized him of his Office of Filazer here of the Common Bench,( that is to say) of the Office of the Filazer of the County of S. and W. and for the Title of the Free-hold for the Assize thereof to be had, the same N. saith, That whereas by the custom in the Court of the same Bench, time out of mind used and approved, every chief Justice of the same Court, for the time being, every Office of a Filazer in the Bench aforesaid, for every vacancy of the same at his pleasure was used and accustomend to give, grant, and assign to any fit person whatsoever, to have, exercise, and enjoy that Office, with the vails, fees, profits, and rewards to the same Office belonging and pertaining, for the term of the natural life of the said person: And whereas also one J. B. Knight, being lately chief Justice of the Common Bench at Westminster aforesaid,( such a day and year) the said Office of Filazer of the Counties of S. and W. being then vacant, did give, grant, and assign that Office, with all vails, fees, profits, and rewards to the same Office pertaining and belonging to the same N. to hold, enjoy and exercise that Office, 
Scisin of the Office.  with all vails, &c. for the term of the natural life of the aforesaid N. by which the said N. into that Office then and there, in the same Court in the Common Bench, was sworn and admitted, and had exercised that Office, and took the profits thereof to be taken,( that is to say) for one Writ of Capias, three pence, of T. W. against W. G. &c. of a Plea of debt: And so the same N. was of the aforesaid Office, with the Appurtenances, seized in his Demesne as of Free-hold for the term of his life, according to the custom aforesaid, 
The continuance of the assize.  until the aforesaid W. B. and J. unjustly, and without judgement, did disseise him the said N. And thereof he prayeth Assize: And it is to be known, that the original Writ of the Assize aforesaid was returnable, and is returned here in this same Term,( that is to say) such a day: And the aforesaid W. B. and J. by their Attorney came, upon which the Assize aforesaid is continued here until( such a day;) Therefore let the Sheriff then have the bodies of the Recognitors, &c. And in the mean time, &c. The same day, &c. At which day here came as well the aforesaid Plaintiff, as the aforesaid Defendants, &c. And hereupon the Assize aforesaid is further continued here until such a day then next following, &c. And the Sheriff is to distrain the Recognitors, &c. by all their lands, &c. And that of the Issues, &c. So that he may have them here to make recognisance of the Assize aforesaid: And in the mean time, &c. and so continued further as before. And the aforesaid W. and B. by their Attorney aforesaid, and the aforesaid J. in his proper person came and saith, 
Soie Tenanty.  That he is, and the day of the obtaining, &c. was sole Tenant, &c. And that no disseisin is had, &c. And this, &c. judgement of the Writ, &c. Whereupon the Recognitors of that Assize, some of them came, and some of them did not come, as it appears by the panel, &c. And some of the Recognitors were appearing( that is to say) T. B. and C. D. in the Assize aforesaid are sworn: And because the residue of the Recognitors now appearing made no view, &c. Therefore the Assize aforesaid doth further remain to be taken here,( such a day) and let the Sheriff then have the bodies of the Recognitors, &c. The same day, &c. and judgement for the Defendant, P. 1. and 2. of P. and M. Rot. 955.    

Appearance recorded.  
Norf. ss. IT was commanded the Sheriff, 
An Appearance recorded.  That he should take Richard J. of M. in the County of N. aforesaid, if, &c. And him safely, &c. So that he might have his Body here at this day( that is to say) from the day of Easter in fifteen days, to answer William H. of a Plea. That he render to him ten pounds, which, &c. And now here at this day came the aforesaid R. in his proper Person, and saith, That he and divers other Persons of his Friends, at his request, by their Writing Obligatory, stand bound to the Sheriff of the County aforesaid, That he should personally appear here at this day, to answer the aforesaid W. H. of the Plea aforesaid; and as well for his indemnity, 
Challenge.  as for their security aforesaid, he prayeth, That his Appearance by the Justices here at this day may be recorded, &c. Whereupon the Appearance of the said Richard here at this day is recorded, &c.  

AND hereupon the aforesaid Richard L. 
Elegit against a Sheriff awarded to the Coroner. Challenge to the Sheriff, the writ directed to the Coroner.  chooseth all the Goods and Chattels of the aforesaid William, except the Oxen and gear of his Plough to be delivered to him: And likewise the moiety of all his Lands and Tenements in the County of N. according to the form of the Statute thereof published and provided, until he hath levied the Debt and Damages aforesaid thereof: and further saith, That the aforesaid W. is now Sheriff of the said County of N. and for that cause he prayeth the Writ of the Lady the Queen to be directed to the Coroners of the Lady the Queen, in the same County: And because the aforesaid W. hath not denied it, and the Allegation of the said Robert is found true of Record, as by the inspection of the Returns on the back of the Writs of the same County here in the Files of the File of N. in this Term, remaining to the Justices, here fully appeareth, it is granted to him returnable here, in eight days of Saint Michael, &c.   

AND hereupon the aforesaid R. saith, That Thomas D. 
Challenge to the Under-Sheriff.  Gentleman, is now Under-Sheriff of the County aforesaid, and that the aforesaid R. P. is Servant of him the said Thomas D. and hath of the same Thomas D. a yearly salary of thirteen shillings and four pence, and a Livery: And for that cause he prayeth a Writ of the King, of causing to come twelve, &c. to be directed to the Sheriff of the County aforesaid, so that the aforesaid T. D. his Under-Sheriff may intermeddle himself in nothing, &c. And because the aforesaid P. hath not denied this, it is granted to him, &c. Therefore it is commanded to the Sheriff, That he cause to come here twelve, &c.    

Covenant.  
B. Triggot to answer J. K. and J. B. of a Plea, 
An Action of Covenant brought upon the Habendum.  That he hold Covenant to them between them made, according to the force, form, and effect of certain Indentures thereof between them made, &c. And whereupon, &c.( reciting the Indenture) as by the same Indenture more fully appeareth: And the said Plaintiff in Fact saith, That the aforesaid Defendant, before the making of the Indenture aforesaid, that is to say( such a day and year) at the City of York, did demise to one A. B. the aforesaid two Closes, with the Appurtenances, to hold to him from such a Feast, until the end of the term of ten years from thence next following, and fully to be complete. And the same Plaintiffs further say, That they, after the aforesaid Feast of E.( that is to say) in the morrow of the said Feast, into the aforesaid two Closes, with the Appurtenances( by virtue of the Demise aforesaid to them by the said Defendant in form aforesaid made) did enter, and were thereof possessed; upon the possession of which said Plaintiffs thereof, the aforesaid A. B. afterwards( that is to say, such a day and year abovesaid) into the same two Closes, with the Appurtenances( claiming his term aforesaid by virtue of the Demise aforesaid, to the said A. B. in form aforesaid made) did enter, and did wholly expel and amove the said Plaintiffs thereof, and was, and yet is thereof possessed, by which the said Plaintiffs could not have and hold the aforesaid two Closes, from the aforesaid Feast of E. which was in( such a year) according to the form and effect of the Indenture aforesaid: And so the aforesaid Defendant, although often required, hath not kept, but broken the Covenant aforesaid, in that that they the said Plaintiffs should have and hold to the said Plaintiffs the two Closes aforesaid, from the aforesaid Feast of E.( in such a year aforesaid) until the end of the aforesaid term of ten years, according to the form and effect of that Indenture aforesaid, and hath denied to hold the same to them, and yet doth deny: Whereupon they say, &c. M. 19 and 20 Eliz. Rot. 1382.  

J. Glover, late, 
An Action of Covenant to make further assurance.  &c. otherwise called, &c. was summoned to answer E. M. of a Plea, That he hold Covenant to him between them made, according to the force, form, and effect of a certain Indenture thereof between them made, &c. And whereupon the said E. by T.G. his Attorney saith, That whereas by a certain Indenture made at B. such a day and year, between him the said Plaintiff of the one part, and the said J. of the other part, which other part, signed with the Seal of the same J. the aforesaid E. bringeth here in Court, the date whereof is, the same day and year it is testified( reciting the whole Indenture) as by the same Indenture more fully appeareth: and the said Plaintiff saith, That although he hath fulfilled and performed all and singular the Covenants and Grants in the Indenture aforesaid above specified, on his part to be fulfilled and kept, in fact the same E. saith, That within the aforesaid seven years after the making of the Indenture aforesaid( that is to say) such a day and year, one T. D. 
Breach upon a Covenant for further assurance.  then being of the learned Counsel of him the said E. at B. aforesaid, in the County aforesaid, did device and cause to be written, for further assurance of the aforesaid Close with the Appurtenances to be made to the said E. a certain Writing of Release of the aforesaid Close, with the Appurtenances, to be made to the said E. by the said J. in which said Writing it was contained, That the aforesaid J. should remise, release, and always from himself and his Heirs quit claim to the said E. and his Heirs the whole Right, Title, and Claim which he had, or at any time from thence following might have of, and in the aforesaid Close, with the Appurtenances; and the same E. afterwards the same day and year at C. aforesaid, did request the aforesaid J. to seal, and as his dead to deliver to the said E. the aforesaid Writing of Release in form aforesaid devised, and the aforesaid J. that to do then and there altogether refused, against the form of the Indenture aforesaid, yet the said J. although often required, hath not held the Covenant aforesaid of that, That he the said J. and his Heirs, and all persons and their Heirs, claiming in or by the aforesaid J. at any time during the space of the aforesaid seven years upon reasonable demand thereof to them or any of them to be made, should make, and acknowledge, or cause to be made, or acknowledged, all and singular Act and Acts, thing and things, for the better and further assurance, and sure making of the premises with the Appurtenances to the said E. and his Assigns, as by learned Counsel of him the said E. his Heirs or Assigns, should be reasonably devised; but hath broken, and hitherto denieth to hold that Covenant to the said E. and yet doth deny, whereupon he saith, That he is damnified, &c.   

AND the aforesaid J. defendeth the force, &c. and saith, 
Issue upon the Breach.  That the aforesaid E. did not require him the said J. to seal, and as his dead to deliver to the aforesaid E. the aforesaid Writing of Release for further assurance of the aforesaid Close with the Appurtenances to the aforesaid E. to be made, as the aforesaid E. by his Declaration aforesaid above hath supposed: And of this, &c. T. 18 Eliz. Rot. 1544.   

W. Skipwith, 
Covenant by an Executor of a Lessor against the Assignee of the Lessee for breaking two Covenants.  late of L. Gent. Assignee of R. H. lately called, &c. was summoned to answer William Plomer, Gent. and A. P. Executors of the Testament of W. P. of a Plea, That he hold Covenant to them, made between the said R. R. and the aforesaid W. P. the Testator, according to the Force, Form, and Effect of certain Indentures thereupon between them made, &c. And whereupon, &c. That whereas by a certain Indenture made at L.( such a day and year) between the aforesaid R. in his life-time of the one part, and the aforesaid W. P. Testator, in his life-time of the other part, which other part, signed with the Seal of the aforesaid R. the said Executors produce here in Court, the Date whereof is the same day and year it is witnessed, That whereas, &c.( and so recite the Indenture) as by the same Indenture more fully appeareth, by virtue of which Demise, the aforesaid W. 
The Entry.  P. the Testator, into the Mannor and Tenements aforesaid, with the Appurtenances, immediately after the Feast of Saint Mich. the Archangel, did enter, and was thereof possessed, and he being thereof so possessed, and the aforesaid R. being seized of the Reversion of the Mannor and Tenements aforesaid, with the Appurtenances, in his Demesn as of Fee and Right, the said R. into the Mannor and Tenements aforesaid, with the Appurtenances, upon the Possession of the aforesaid W. P. Testator thereof did enter, and him from his Farm aforesaid thereof did expel and amove, and was thereof seized in his Demesn as of Fee: and being so thereof seized of the Mannor and Tenements aforesaid, with the Appurtenances, did enfeoff one R. C. and others, &c. to hold to them and their Heirs for ever, to the use of the said R. 
Statute of uses.  and his Heirs of his Body issuing, and for want of such issue, to the use of the aforesaid W. S. and the Heirs of his Body issuing: by virtue of which Feoffment, and by force of a certain Statute in the Parliament of our Lord H. late King of England, holden at W. in the County of M. the fourth day of F. in the twenty seventh year of his Reign, for transferring Uses into Possession, published, the aforesaid R. was seized of the Mannor and Tenements aforesaid, with the Appurtenances in his Demesn as of Fee-tail( that is to say) to him and the Heirs of his Body issuing, the Remainder thereof, for want of such issue, to the aforesaid W. S. and the Heirs of his Body in form aforesaid belonging; and the aforesaid R. being so thereof seized, the aforesaid W. P. the Testator, into the Mannor and Tenements aforesaid, with the Appurtenances, claiming his Term aforesaid upon the Possession of the aforesaid R. 
Lessee entered and claimed his Term.  thereof did enter, by which he said W. was possessed of the Mannor and Tenements aforesaid, as 〈◇〉 his former Estate, and the aforesaid R. was seized of the Reversion of the same Mannor and Tenements in his Demesn as of Fee-●ail( that is to say) to him and the Heirs of his Body issuing, the Remainder afterwards, for want of such issue, to the aforesaid W. S. and the Heirs of his Body issuing, belonging; and he the said W. P. so thereof possessed, and the aforesaid R. of the Reversion aforesaid in form aforesaid being seized, the said R. at D. dyed of such his Estate thereof seized, without Heirs of his Body issuing: By which the aforesaid W. was seized of his said Remainder of the Mannor and Tenements aforesaid, with the Appurtenances, in his Demesn as of Fee tail, and he being so thereof seized, and the aforesaid W. P. Testator, of the Mannor and Tenements aforesaid, with the Appurtenances, in form aforesaid being possessed, the said W.( such a day and year) at R. aforesaid, made his Testament, and did appoint and ordain them, the said W. P. now Plaintiff, 
The Lessee made his Will.  and A. Executors of the same Testament, and afterwards there dyed, of the Mannor and Tenements aforesaid, with the Appurtenances, in form aforesaid possessed. After whose death, the said W. P. now Plaintiff, and A. into the Mannor and Tenements aforesaid, with the Appurtenances, did enter, and were and yet are thereof possessed, by virtue of the Testament aforesaid: And the said Executors say, That although the aforesaid W. P. Testator, in his life, and the said Executors, after the death of the said W. Testator, have fulfilled, performed, and kept, all and singular the things in the Indenture aforesaid above specified, on their part to be fulfilled, performed, and kept, according to the form and effect of that Indenture. The same Executors in fact say, That our Lady the Queen, 
The first breach for a Rentcharge.  at the aforesaid time of the making of the said Demise, was, and yet is, seized of a certain yearly Rent-charge of six Pounds thirteen shillings and eight pence, issuing as well out of the Mannor and Tenements aforesaid, and yearly payable at the Feast of Saint Michael the Archangel, in the year, &c. And because nineteen Pounds, &c. for three years at the Feast of Saint Michael the A. in the year, &c. to the said Lady the Queen, were behind unpayd, the same Lady the Queen into one hundred Acres of Land, parcel of the aforesaid Mannor of R. by one J. H. her bailiff did enter, and there did levy the same nineteen Pounds, &c. by divers Distresses of the Goods and Chattels of the aforesaid W.P. the Testator, in his life. And further the said Executors say, That the aforesaid W. S.( such a day and year) into twenty four Acres of Land called the Neck-Close, parcel of the aforesaid Mannor of R. above Demised, upon the Possession of the aforesaid W.P. Testator, in the life of him the said W. did enter, 
The second, for that the Grantee of the Reversion entred upon the Testator in his life-time, and did expel him.  and him from his Possession thereof did expel, amove, and hold out, and the same Executors from thence yet doth hold out; and so the said Executors say, That the aforesaid W. S. hath not held, but hath broken the Covenant aforesaid, of that, That the aforesaid R. his Heirs and Assigns, would acquit and discharge the aforesaid W. P. the Testator, his Executors, Administrators, and Assigns, during the aforesaid term against the said Lady the Queen, her Heirs, Successors, and Assigns, 
First Covenant.  and against the chief Lord or Lords of the Fee, of all Rents and other yearly charges due, and to be demanded, issuing out of the aforesaid Mannor of R. and other the premises, with the Appurtenances, other then the aforesaid Rent of eighteen pounds thirteen shillings and four pence to the said R. and his Heirs by the Indenture aforesaid reserved, and of that, 
Second Covevenant.  That the aforesaid W. P. the Testator, his Executors and Assigns should peaceably and quietly have, hold, occupy, and enjoy the aforesaid Mannor, House, and Farm, and other the premises, with the Appurtenances, by the Indenture aforesaid demised, except before excepted, for, and during the said term of seventy years, without Impediment, Vexation, and Molestation of the aforesaid R. his Heirs and Assigns, to the aforesaid W. P. Testator, in his life, and to the same Executors after the death of him the said W. hath not held, but hath broken and denied to hold them, and to the said Executors yet doth deny to hold the same, whereupon they say, That they are damnified, and have Damage to the value of, &c. and thereupon they bring svit, &c. And they produce here in Court the Letters Testamentary, &c. by which it sufficiently appeareth, &c. M. 19 and 20 Eliz. Rot. 1272.    

Debt.  
J. B. 
Vpon a verbal Demise for Rent behind and unpayd.  was summoned to answer C. D. of a Plea, That he render him five and forty shillings, which he owes him, and unjustly detains, &c. and thereupon the said Plaintiff by W. his Attorney says, That whereas the aforesaid Plaintiff( such a day, year, and place) did Demise to the Defendant one messsage, with the Appurtenances, in C. aforesaid, to have and to occupy to him the said T. and his Assigns, from the Feast of Saint P. and J. then next following, to the End and Term of three years from thence next following to be fully complete and ended, rendering therefore yearly to him the said Plaintiff, and his Assigns, ninety shillings at the Feasts of Saint Michael the Arch-Angel, and the Annunciation of the blessed Virgin Saint Mary, by equal portions to be paid, by virtue of which Demise, the aforesaid A. on the morrow after the said Feast of Saint Philip and Jacob the Apostles, into the messsage aforesaid, with the Appurtenances, did enter, and was, and yet is, thereof possessed; and five and forty shillings of the Rent aforesaid, for half a year ending at the Feast of Saint Michael the Archangel, in the year, &c. were behind, and as yet remain unpayd, by which an Action did accrue unto the Plaintiff, to require and have of the Defendant the aforesaid five and forty shillings, yet the aforesaid D. although often required, the aforesaid five and forty shillings hath not, &c. and thereupon he brings svit.  

Devon ss. R R. late of L. &c. Executor of, &c. 
A Declaration upon a Fill. Hil. 2 Car. Regis, Rot. 2589.  was summoned to answer R. C. Gentleman, of a Plea, That he render him twenty Pounds by a Bill( dated such a day, and year, and place) for Payment of the aforesaid twenty Pounds upon the twenty ninth of September then next following, &c.  
And the aforesaid R. R. by R. S. his Attorney, 
The Defendant pleads Goods delivered in satisfaction of the Bill.  comes and defends the Force and Injury, when, &c. And says, That the aforesaid R. C. ought not to have his Action aforesaid against him, because he saith, That the aforesaid Testator in his life-time, upon the aforesaid twenty ninth day of September, in the Declaration aforesaid, above specified, at B. aforesaid, did give and deliver to the aforesaid R. C. six Cows, in full Payment and Satisfaction of the aforesaid twenty Pounds in the Declaration aforesaid above specified, which said six Cows, the aforesaid R. C. in full Payment and Satisfaction of the aforesaid twenty Pounds of him the said Testator, he did then and there receive and accept: and this he is ready to aver, whereupon he preys judgement, whether the aforesaid Plaintiff ought to have his Action aforesaid against him, &c.  
And the aforesaid R. C. says, That he, 
The Plaintiff replies no satisfaction.  by any thing before alleged, ought not to be debarred from having his Action aforesaid, because he saith, That the aforesaid Testator in his life-time did not give and deliver to the aforesaid R C. upon the aforesaid twenty ninth day of September, the aforesaid six Cows in full Payment and Satisfaction of the aforesaid twenty Pounds in the Declaration aforesaid above specified, as the aforesaid R. R. hath above alleged, and this he preys may be inquired of in the Country, and the aforesaid R. R. in like manner. Therefore Command is given to the Sheriff, That he cause to come twelve, &c.   

J. M. late of H. in the County aforesaid, Yeomen, 
Debt by an Administratrix for the arrears of an Annuity due to the Intestate.  was summoned to answer W. T. and M. his Wife, Administratrix of the Goods and Chattels which were of L. F. who dyed intestate, &c. of a Plea, That he render them thirty six Pounds, which he unjustly detains from them, &c. And whereupon the same W. and M. by J. L their Attorney, say, That whereas the aforesaid L. late Vicar of the Vicarage of the Parish Church of H. in the County aforesaid, was seized of the Vicarage of the Church aforesaid, in his Demesn as of Fee, in the Right of his Vicarage aforesaid: And whereas the same L. and all his Predecessors, Vicars of the Vicarage aforesaid, for the time being, time out of mind have been seized of a certain Annuity, or annual Rent of six Pounds, issuing out of the Rectory of H. aforesaid, in their Demesn as of Fee, in Right of their Vicarage aforesaid, by the Hands of the Rectors of the Rectory of H. aforesaid, or their Farmers thereof for the time being, yearly at the Feast of the Annunciation of our blessed Virgin Mary, and Saint Michael the Archangel, by equal Portions to be paid: And the aforesaid thirty six Pounds of the Annuity, or annual Rent aforesaid, for six whole years, ended at the Feast of the Annunciation of the blessed Virgin Mary, in the thirtieth year of the Reign of the Queen that now is, to the aforesaid L. late Vicar of the Vicarage aforesaid, by the whole Term of the aforesaid six years, in his life time being in arrear, by which an Action accrued to the aforesaid L. in his life-time, to require and have of the aforesaid J.( by the whole Term aforesaid, and as yet Farmer of the Rectory aforesaid being) the aforesaid thirty six Pounds; yet the aforesaid J. although often required, the aforesaid thirty six Pounds to the aforesaid L. in his life time, or to the same M. after the death of him the said L. whilst. she was Sole, to whom the Administration of all the Goods and Chattels, which were the aforesaid L. at the time of his death, by R. R. Doctor of Law, &c.( such a day, and year, and place) after the death of him the said L. was committed, or to them the said W. and M. after Espousals between them celebrated, hath not rendered, but the same to them to render hath denied, and the same to them the said W. and M. as yet to render doth deny, and unjustly detain, whereupon they say, They are damnified, and have Damage to the value of forty Pounds, and thereupon they bring their Action, &c. And they bring here into Court the Letters of Administration, &c. To this the Defendant pleads, Non detinet.   

North ss. 
Debt for a Curate for his Salary. Hil. 14 Jac. rot. 1963.  R. B. lately of, &c. Clerk, was summoned to answer R. H. Clerk, of a Plea, That he render him twenty Pounds, which he owes him, and unjustly detains, &c. And whereupon the said R. B. by T. O. his Attorney, says, That whereas the aforesaid R B.( such a day, year, and place) did retain him the said R. H. then being Deacon in holy Orders, to be the Curate of him the said R. B. in the Parish Church of A. the same R. B. then and as yet being Rector of the Parish Church aforesaid, to serve, and further to do and execute all and singular things, which unto the Office of such Curate of a Church ought to be done and performed, in the same Church( from the said day and year) for one whole year then next following, taking of the aforesaid R. B. for his Salary for that time, twenty Pounds, to be paid to him the said R. H. when he should be thereunto required: By virtue of which retainer, the said R. H. continued the Curate of the aforesaid R. B. in the Church aforesaid, in form aforesaid, by the time aforesaid, and did well and faithfully perform and execute all and singular the things, which unto the Office of a Curate in the Church aforesaid did belong, by which the Action did accrue to him the said R. H. to require and have of the aforesaid R. B. the said twenty pounds; yet the aforesaid R. B. although often required, the aforesaid twenty pounds to him the said R. H. he hath not rendered, &c.   

E. P. lately of R. in the County of H. Innholder, 
Trin. 20 ●acobi. Roll 3115. A Declaration ● on a Bill, ●t●er to pay money, or do an act at his return 〈◇〉 su●h a 〈◇〉.  otherwise called E. P. of R. in the County of H. J was summoned to answer unto R. W. of a Plea, that he render him ten pounds which he oweth him, and unjustly detains, &c. And whereupon the said R. by J. W. his Attorney, says, That whereas the aforesaid E.( such a day, year, and place) by his certain Bill Obligatory, which he the said R. with the Seal of him the said E. signed here in Court produces, whose date is the same day and year, did aclowledge himself to have received of the said R. by the name of Mr. Westley of R. in the County of Cambridge, Maul●ster, the Great Seal of our Lord the King, of the Reversion of the Office of the Post-master of Ferribridge: And at that time was going unto London, and at the return of him the said E. was to deliver to him the said R. ten pounds, or the aforesaid Great Seal of the same Office of Post master, and unto the same payment or delivery aforesaid, in form aforesaid to be performed, the aforesaid E. did bind himself by the same Bill: And he the said R. in fact, saith, That the aforesaid E. after the making of the Bill aforesaid, and before the day of the issuing forth of the original Writ of him the said R. to wit,( such a day and year) aforesaid, he returned from London aforesaid, and came to R. aforesaid, in the aforesaid County of A. and that the aforesaid E. did not then pay to him the said R. the aforesaid ten pounds, nor did then deliver unto him the said R. the aforesaid broad Seal of our Lord the King, for the Reversion of the Post-master aforesaid, by which the Action did accrue to him the said R. to require and have of him the said E. the same ten pounds, yet the aforesaid E. although often demanded the aforesaid ten pounds to him the said R. he hath not rendered, but the same to him hitherto to render hath denied, and as yet doth deny, whereupon he saith, that he is damnified, and hath damage to the value of ten pounds, and thereupon he brings his Action, &c.   

hilary 22 Jacobs Regis, 2002. Elsewhere, 
A Declaration upon a Scire fac. against the H●i● and Ter-Tenan●.  as it appears in the Term of Saint hilary, in the eighteen year of the Reign of our Lord the King of England, Rot. 832. It is thus contained: Command was given to the Sheriff, whereas R. P. lately in the Court of our Lord the King, to wit, the twenty third day of January, in the ninth year of the Reign that now is, before Edward cook, Knight, and his companions, then Justices of our said Lord the King, of His Bench here, to wit, at Westminster by consideration of the same Court, did recover against J. L. lately of, &c. as well a certain Debt of forty pounds, as sixty three shillings and four pence, which to him the said R. in the same Court of the said Lord the King here, were adjudged for his damages, which he had by reason of the detaining of the same Debt whereof he is convicted, as by the Record and proceedings thereof in the same Court of our said Lord the King here remaining, it manifestly appears, notwithstanding Execution of the judgement a foresaid, as yet remains to be done; and the aforesaid J. after the judgement aforesaid rendered, is dead, as by information of the aforesaid R. the King received, &c. And because, &c. that by honest, &c. he cause to be made known unto F. L. the next cousin and Heir of the aforesaid J. and to the now Tenants of all the Lands and Tenements which were of the aforesaid J. in Fee-simple, the aforesaid twenty third day of January, in the ninth year aforesaid, on which day the judgement aforesaid was had, that they be here at this day, to wit, in eight days of Saint hilary, to show if any thing, &c. wherefore the debt and damages aforesaid, of the Lands and Tenements, which were the aforesaid J. in Fee-simple, the aforesaid twenty third day of January, in the ninth year aforesaid, in his Ba●liwick, in the seizing of him the said Francis, ought not to be levied and rendered to the aforesaid R. according to the form of the Recovery aforesaid, if, &c. And now here, at this day, to wit, at the aforesaid eight days of Saint hilary, came as well the aforesaid R. by B. L. his Attorney, as the aforesaid F. by J. P. his Attorney, and the Sheriff, to wit, R. M. Knight, now returneth, that he by virtue of the Writ aforesaid to him directed, by J. W. and J. G. honest, &c. did make known unto the abovenamed F. next cousin and Heir of the aforesaid L. and the now Tenant of one messsage, forty acres of Land, twenty acres of Meadow, and forty acres of Pasture, &c. in B. in the County aforesaid, to be before the Justices of our said Lord the King, at the day and place above contained, to show as by that Writ in it required. And hereupon the aforesaid R. preys Execution against the said F. of the debt and damages aforesaid, of the Lands and Tenements which were of the aforesaid I. in Fee-simple, the aforesaid twenty third day of lanuary, in the ninth year aforesaid, in the seizing of him the said F. to be levied, and to the a foresaid R. to be rendered; according to the form of the Recovery aforesaid; And the aforesaid F. preys licence of imparling here, until fifteen days of Easter, and he hath it, &c. The same day is given to the aforesaid R. here, &c. At which day here come as well the aforesaid R. as the aforesaid F. by their Attorney aforesaid: And upon this the said F further preys licence of imparling therein here until the morrow of the holy Trinity, and he hath it, &c. The same day is given to the aforesaid R. here, &c. At which day here come as well the aforesaid R. as the aforesaid F. by their Attorneys aforesaid: And upon this the said F. further prayeth licence of imparling herein, unto eight days of Saint Michael, and he hath it; the same day is given to the aforesaid R. here, &c. at which day, &c.( and so continue it over five Terms further) and upon this the aforesaid R. as above preys Execution against the said F. of the debt and damages aforesaid, in form aforesaid to he adjudged unto him, &c.  
And the aforesaid F. 
judgement by Nihil dicit.  says nothing in retarding of the Execution of the Judgement aforesaid, by which the same R. remaineth against the said F. thereof undefended, therefore it is considered, that the aforesaid R. have Execution against the aforesaid F. of the Debt and damages aforesaid, of the Lands and Tenements which were the aforesaid J. in Fee simplo, the aforesaid twenty third day of January, 
Elegit awarded.  in the ninth year aforesaid, in the seizing of him the said F. to be levied, and to the aforesaid R. to be rendered, according to the form of the Recovery aforesaid, &c. And upon this the aforesaid R. by the Statute, &c. chooseth to have delivered unto him the moiety of all the Lands and Tenements aforesaid, to hold as his Free-hold to him and his Assigns, according to the form of the Statute aforesaid, until the Debt and damages aforesaid shall thereof be levied, and prayeth the Writ of our said Lord the King, thereupon to be directed to the Sheriff of the County aforesaid, and it is granted unto him returnable here in one Month after Easter, &c.   

COmmand was given to the Sheriff, Whereas T. W. 
A Declaration on a Scire fac. against Ter-Tenants, and a Judgement thereon, and Execution awarded, Hill. 26 Jacobi Rot. 2948.  lately in the Court of our Lord the King that now is, to wit, in the Term of Saint hilary, in the nineteenth year of the Kings Reign that now is, before H. Hobart, Knight and Baronet, &c. by the consideration of the same Court, did recover against T. P. lately of, &c. otherwise called T. P. &c. as well a certain Debt of twenty pounds, as fifty shillings, which to him the said T. W. in the same Court of our said Lord the King here, were adjudged for his damages, which he had by reason of the detaining of the same Debt whereof he was convicted, as by the Record and process, &c. Yet Execution, &c. And the aforesaid T. P. is dead, as by the information of the aforesaid T. W. the King hath received: And because, &c. That by honest men, &c. he cause to be made known unto the Tenants of the Lands and Tenements, of which the aforesaid T. P. was seized in Fee-simple, in eight days of Saint hilary, in the nineteenth year aforesaid, &c. On which day the judgement aforesaid was rendered, or at any time after in his Bailiwick, that they be here at this day, to wit, in eight days of Saint hilary, to show if any thing, &c. Wherefore the aforesaid T. W. ought not to have Execution against them of the Debt and damages aforesaid, of the Tenements aforesaid, with the Appurtenances, to be levied according to the form of the Recovery aforesaid, if, &c. And now here, at this day, came as well the aforesaid T. W. by R. B. his Attorney, as R. P. Son and Heir of the aforesaid T. P. by A. Laughton his Attorney: And the Sheriff, to wit, J. W. Knight, now returns, That he by virtue of the same Writ, to him directed, by T. S. and W. S. honest men, &c. hath made known to the said R. P. Tenant of one messsage, &c. with the Appurtenances, in B. in the County aforesaid; which said Tenements, with the Appurtenances, were the aforesaid T. P. of which the same T. P. was seized in his Demesne as of Fee-simple, in eight days of Saint hilary, in the nineteenth year aforesaid, on which day the judgement was rendered as aforesaid, for the Debt and damages aforesaid, to be here at this day, to show in form aforesaid, &c. And upon this, the said T. W. prayeth Execution against him the said R. P. of the Debt and damages aforesaid, of the Lands and Tenements aforesaid, with the Appurtenances, to be adjudged unto him, and preys, that the aforesaid R. may answer to the Writ aforesaid, &c.  
And the aforesaid R. 
Nihil dicit.  says nothing in retarding or debarring of the aforesaid Execution of the aforesaid T. W. by which he the said T. W. remaineth against the said R. thereupon undefended. Therefore it is considered, that the aforesaid T. W. have Execution against the said T. R. of the Debt and damages aforesaid, of the Lands and Tenements aforesaid, with the Appurtenances, whereof the said R. in form aforesaid is returned Tenant, &c.   

IF. lately of, 
Debt upon a Retainder for counsel.  &c. was summoned to answer R. L. of a Plea, that he render him forty shillings which he oweth him, and unjustly detains, &c. And whereupon the same R. L. in his proper person says, That whereas the aforesaid J.( such a day, year, and place) did retain him the said R. to be of his counsel, as well in all matters and actions of his at the svit of any persons whatsoever against him prosecuted, or to be prosecuted; as also by him against any other persons prosecuted, or to be prosecuted, taking for his Salary, for every year six shillings eight pence: and the aforesaid R. says, That by virtue of the Retainder aforesaid, from the said day and year aforesaid, he continued with the aforesaid J. F. of his counsel for five years then next following, and three and thirty shillings and four pence of the said forty shillings to him the said R. for his Salary by the time aforesaid remain in arrear, by which the Action accrued to him the said R. to require and have of him the said J. the aforesaid thirty three shillings and four pence; 
And Mutuat. for the resid●e.  and also whereas the aforesaid J. such a day, year, and place, did borrow of the aforesaid R, six shillings and eight pence, residue, of the aforesaid forty shillings, to be paid to him the said R. when he should be thereunto required; yet the aforesaid J. although often required, the aforesaid forty shillings to him the said R. he hath not rendered, and the same to him hitherto to render hath denied, and as yet doth deny. Whereupon he saith. That he is damnified, and hath damage to the value of ten pounds; and thereupon he brings his Action, &c.   

W. B. lately of, &c. was summoned to answer E. L. of a Plea, 
Debt upon a Retainder to carry goods.  that he render him eight pounds six shillings and eight pence, which he oweth him, and unjustly detains, &c. And whereupon the same E. L. by T. B. his Attorney says, That whereas the aforesaid W.( such a day, year, and place) did retain the same E. to fetch and carry away for him the said Defendant five Cart loads of household-stuff, from the Town of A. in the County aforesaid, unto the Village of J. in the same County, taking thereof of him the said W. for his labour and wages in that he half, thirty three shillings and four pence for each load of the said household stuff, which he should fetch and carry away, as aforesaid; by virtue of which retainder, the said Plaintiff afterwards,( that is to say) such a day and year aforesaid, did fetch and carry from the said Town of A. unto the aforesaid Town of U. for the aforesaid Defendant, the aforesaid five cartload of household-stuff, by which the action did accrue unto him the said E. to require and have of him the said W. the aforesaid eight pounds six shillings and eight pence, yet the aforesaid W. although often required the aforesaid eight pounds six shillings and eight pence to him the said E. he hath not rendered, but the same to him hitherto to render, he hath denied, and as yet doth deny, whereupon he saith, that he is damnified, and hath damage to the value of ten pounds, and thereupon he brings his Action.   

R. R. Gentleman, &c. was summoned to answer R. M. of a Plea, 
Debt upon a Bill.  that he render him fourteen pounds which he oweth and unjustly detains, &c. And thereupon the aforesaid R. M. by H. L. his Attorney, says; that whereas the aforesaid R. R. such a day and year) at S. by his certain Bill Obligatory, which he the said R. M. with the Seal of the aforesaid R. R signed here brings into Court, whose date is the same day and year, did aclowledge himself to owe to the aforesaid R. M. the aforesaid fourteen pounds, to be paid unto him the said R. M. his Executors, Administrators, or Assigns, in or upon( such a day then next following the date of the same Bill;) and to the same payment, well and faithfully to be made, the aforesaid R. R. did oblige his Heirs and Executors by the said Bill, notwithstanding the aforesaid R. R. although often demanded the aforesaid fourteen pounds to the same R. M. he hath not as yet rendered it, but the same hitherto hath denied to pay, and as yet denieth, whereupon he saith, that he is damnified, and hath damage to the value of ten pounds and thereupon he brings his Action, &c.  
And the aforesaid R. R. in his proper person, 
The Defendant pleads, that through threats he sealed the Bill.  comes and defends the force and injury, when, &c. and says, That the aforesaid R. M: ought not to have his Action aforesaid against him, because he saith, that the aforesaid R. M. at the time of the making of the same Bill, at W. aforesaid, did impose upon him the said R. R. such and so great threats of his life, and of maim of his members to be brought upon him, unless the said R. R would make and seal the aforesaid Bill to the aforesaid R. M.( at such a place) That he the said R. R. for fear of those threats, the aforesaid Bill to the said R. M. did then and there make: and this he is ready to aver, whereupon he demands judgement, whether the said R. M. ought to have his Action against him, &c.  
And the aforesaid R. M. says, That he, by any thing before alleged, ought not to be debarred from having his Action aforesaid, because he saith, that the aforesaid R. R. at the time of the making of the said Bill, was of his own right at large, and the same Bill of his own mere and voluntary will, to the same R. M. did make, and not for fear of threats, as the aforesaid R. R. hath above alleged: And this he preys may he enquired of by the country: And the aforesaid R. R. in like manner: Thereupon command is given to the Sheriff, that he cause to come twelve, &c.   

T P. 
Deot upon an ●●●igation by ●n Execu●rix.  late of W. in the County of L. Yeoman, otherwise called T. P. was summoned to answer J. S. Widow, Executrix of the Testament of N. S. &c. of a Plea, that he render her thirty pounds, which from her he unjustly detains, &c. And whereupon the aforesaid J. by W. B. her Attorney, says, That whereas the aforesaid T.( such a day and year) at W. by his certain Writing Obligatory, did aclowledge himself to be bound to the aforesaid N. S. in his life-time in the aforesaid thirty pounds, to be paid to him the said N. when he should be thereunto required: Yet the aforesaid T. although often required the aforesaid thirty pounds, to the same N. in his life-time, or to the same J. after the death of the same N. hath not rendered, but the same to render to them hath denied, and the same to the said J. as yet to render doth deny, and unjustly detain, whereupon he saith, That he is damnified, and hath damage to the value of ten pounds, and thereupon she brings her Action: And she brings here into Court, as well the aforesaid Writing, which witnesseth the debt aforesaid, in form aforesaid, whose date is the day and year aforesaid; as the Letters Testamentary of the aforesaid N. by which it is sufficiently manifest to the Court here the aforesaid J. to be Executrix of the same N. of his Testament aforesaid, and thereof to have Administration, &c.  
And the aforesaid T. P. 
Condition performed.  by L. S. his Attorney comes and defends the force and injury when, &c. and preys the hearing of the Writing aforesaid, and it is red unto him; he preys also the hearing of the endorsement of the same Writing, and it is red unto him in these words: The Condition of this Obligation is such, That if the within bound, T. P. his Heirs, Executors, Administrators, or Assigns, do well and truly content and pay, or cause to be contented and paid unto the within name, N. S. his Heirs, Executors, or Assigns, twenty pounds, of good and lawful English money, and one weigh of gray Salt, at christmas next after the date hereof, that then, &c. Which being red and heard, the aforesaid T. says, That the aforesaid J. ought not to have her Action aforesaid against him, because he saith, That he payed the aforesaid N. in his life-time, the aforesaid twenty pounds, and delivered the aforesaid N. in his life-time, the aforesaid weigh of gray Salt at the Feast aforesaid, of the birth of our Lord, in the endorsement aforesaid, above specified, which to him the said N. at the same Feast, &c. he ought to have paid and delivered, according to the form and effect of the endorsement aforesaid, that is to say, at H. aforesaid: And this he is ready to aver; whereupon de demands judgement, whether the aforesaid J. ought to have her Action aforesaid against him, &c.  
And the aforesaid J. says, That she by any thing before alleged, 
Replication.  ought not to be debarred from having her Action aforesaid, because by protestation she says, That the aforesaid T. did not deliver to the aforesaid N. in his life-time the aforesaid weigh of gray Salt in the aforesaid endorsement contained, at the aforesaid Feast of the birth of our Lord, as the aforesaid T. hath above alleged: for Plea she saith, that the aforesaid T. did not pay the aforesaid N. in his life-time the aforesaid twenty pounds, at the Feast of the Birth of our Lord, which to him the said N. at the same Feast he ought to have paid, according to the form and effect of the endorsement aforesaid, as the aforesaid Thomas hath above alleged, and this she is ready to aver; whereupon she demands judgement, and her Debt aforesaid, together with her damages to be adjudged unto her.  
And the aforesaid T. as formerly, saith, 
rejoinder.  That he paid the aforesaid N. in his life-time, the aforesaid twenty pounds, at the aforesaid Feast of the Birth of our Lord, which to the aforesaid N. upon the same Feast he ought to have paid, according to the form and effect of the endorsement aforesaid, as he before hath alleged: And of this he puts himself upon the country, and the aforesaid J. in like manner therefore command is given to the Sheriff, that he cause to come twelve, &c.   

J. late of, &c. 
Debt upon a Bill against an Administrator of an Administratix.  Administrator of the goods and chattels which were of D. B. the Administratrix of the goods and chattels which were of Edward B. otherwise called E. B. of the, &c. who died intestate, &c. was summoned to answer R. G. of a Plea, that he render him nineteen pounds, which he unjustly detains from him, and whereupon the same D. W. by C. E. his Attorney, says, That whereas the aforesaid E. L. in his life-time( such a day and year, at W.) by his certain Bill Obligatory, which the said D. with the Seal of the aforesaid E. signed here, brings into Court; the date whereof is the day and year aforesaid, did aclowledge himself to owe to the said R. the aforesaid nineteen pounds, to be paid to him the said R. at the Feast, &c. then next following, and to the same payment well and truly to be made, the aforesaid E. bound himself, his Heirs, and Executors, by the same Bill, yet the aforesaid. E. in his life-time, and the aforesaid D. after the death of the said E. to whom the Administration of all the goods and chattels which were the aforesaid Edwards, at the time of his death, by the most Reverend in Christ, the Bishop of W. after the death of the said E. was committed, nor the aforesaid J. after the death of the same D. to whom the Administration of all and singular the goods and chattels which were of the aforesaid D. at the time of her death, by the said Bishop of W. after the death of the said D. was committed, although often demanded the aforesaid nineteen pounds, have not rendered it to him the said E. but the same to render to him have denied, and the aforesaid J. the same to him the said D. as yet to render, doth deny and unjustly detain, whereupon he says, that he is damnified, and hath damage to the value of an hundred shillings, and thereupon he brings his Action, &c.  
And the aforesaid J. 
An acquittance pleaded for p●rt, and fully administered for the residue of the Debt.  by E. D. his Attorney, comes and defends the force and injury, when, &c. And as to sixteen pounds of the said nineteen pounds, in the Declaration aforesaid, above specified, the ●ame J. says, That the aforesaid D. as to the aforesaid sixteen pounds, ought not to have his Action against him, because he saith, that after the making of the Bill aforesaid, that is to say,( such a day and year, and place) the aforesaid D. by the name of D W. of R. by his certain Bill of Acquittance, which the same J. with the Seal of the said D. signed here, brings into Court, whose date is the same day and year, did aclowledge himself to have received of the aforesaid E. in his life-time, by the name of E. D. of W sixteen pounds of lawful money of England; and further, the same J. saith, That the aforesaid Bill of Acquittance to the said E. in manner and form aforesaid made, was in part of payment of the aforesaid nineteen pounds in the Declaration aforesaid, above specified, and this he is ready to aver, whereupon he demands judgement, if the aforesaid D. ought thereupon to have his Action aforesaid against him, &c. And as to three pounds of the aforesaid nineteen pounds residue, the same J. says, That the aforesaid D. ought not thereupon to ●ave his Action against him, because he saith, that he hath fully administered all the goods and chattels, which were of the aforesaid D. at the time of his death, and that he hath no goods or chattels which were the aforesaid D. at the time of his death, in his hands to be administered, nor had the day of the issuing forth of the original Writ of him the said D. nor at any time after, and this he is ready to aver, whereupon as formerly, he demands judgement, if the aforesaid D. ought thereupon to have his Action aforesaid against him, &c.  
And the aforesaid D. 
The Bill of acquittance is not the De●d of the Plaintiff.  requires the hearing of the aforesaid Bill of Acquittance, and it is red unto him in these words, Be it known, &c. Which said Bill of Acquittance being red and heard, the aforesaid J. says, That he, by any thing in the same Bill of Acquittance above specified, ought not to be debarred from having his Action aforesaid, of the aforesaid sixteen Pounds, because he saith, That the aforesaid Bill of Acquittance is not his dead, and this he preys may be inquired of by the Country, and the aforesaid J. in like manner; and as to the aforesaid three Pounds residue, the same D. says, That he, by any thing before alleged, ought not to be debarred from having his Action aforesaid, because he saith. That the aforesaid J. 
Ass●●s in the hands of the Administratort,  at the day of the issuing forth of the original Writ of him the said D.( that is to say, such a day and year) had divers Goods and Chattels, which were the aforesaid D. the time of his Death in his hands to be administered, to the value of the Debt aforesaid, whereby he might have satisfied him the said D. of the aforesaid Debt, to wit, at C. in the County aforesaid, and this he preys may also be inquired of by the Country, and the aforesaid J. in like manner; Therefore, as to the trying, as well of this Issue, as the aforesaid other Issue, between the parties aforesaid above joined, Command is given to the Sheriff, That he cause to come here twelve, &c.   

J. H. lately of, &c. and S. his Wife, Administratrix, &c. 
An Action of Debt brought upon two 〈◇〉 and a Bond.  which were A. W. who dyed intestate, &c. otherwise called A. W. &c. were summoned to answer R. B. of a Plea, That he render him three and thirty Pounds six shillings and eight pence, which they unjustly detain from him, &c. And whereupon the same R. by W. W. his Attorney says, That whereas the aforesaid A. in his life-time( such a day, and year, and place) by his certain Bill obligatory, which he the said R. with the Seal of the aforesaid A. signed, here brings into Court, the Date whereof is the same day and year, did acknowledge himself to owe to him the said R. six Pounds thirteen shillings and four pence of the aforesaid thirty three Pounds six shillings and eight pence, to be paid to him the said R.( such a day then next following;) and whereas also the aforesaid A. in his life time( such a day, year, and place) by his certain other Bill obligatory, which he the said R. with the Seal of the aforesaid A. in his life time signed, here in like manner brings into Court, the Date whereof is the same day and year aforesaid, did acknowledge himself to owe to him the said R. other six Pounds thirteen shillings and four pence of the aforesaid thirty three Pounds six shillings and eight pence, to be paid to him the said R. at the Feast of the Birth of our Lord then next following: and unto the same Payments well and faithfully to be made, the aforesaid A. in his life-time did oblige himself, his Heirs and Executors, by the same Bills: And whereas also the aforesaid A. in his life-time( such a day, year, and place) by his certain Writing obligatory, did acknowledge himself to be bound to him the said R. in twenty Pounds of the aforesaid three and thirty Pounds six shillings and eight pence residue, to be paid to him the said R. when he should be thereunto required, yet the aforesaid A. in his life-time, and the aforesaid S. after the Death of A. whilst she was Sole, nor the aforesaid J. and S. after Espousals celebrated between them, although often required, the aforesaid three and thirty Pounds six shillings and eight pence to him the said R. have not rendered, but the same to render to him have denied, and the aforesaid J. and S. the same to render to him as yet doth deny, and unjustly detain, whereupon he says, That he is damnified, and hath Damage to the value of an hundred shillings, and thereupon brings svit: and he brings here into Court the Writing obligatory aforesaid, which witnesseth twenty Pounds of the Debt, &c.  
To this the Defendants pled, That they have fully administered, and the Plaintiff replies, That there were Assets, &c. as by the President immediately foregoing.   

A. C. 
An Action of Debt by an Executor against Executors.  and W. M. Eexecutors of the Testament of W. M. were summoned to answer T. O. Executor of the Testament of R. O. of a Plea, That he render him twenty Marks, which they unjustly detain from him, &c. and whereupon the said T. by R. C. his Attorney says, That whereas the aforesaid W. M. in his life-time( such a day, year, and place) by his certain Writing obligatory, did acknowledge himself to be bound to him the said R. in his life-time, in the aforesaid twenty Marks, to be paid to him the said R. when he should be thereunto required; yet the aforesaid W. M. in his life-time, and the aforesaid A. and W. after the Death of the said W. M. although often required, the aforesaid twenty Marks to him the said R. in his life-time, or to the aforesaid T. after the Death of the said R. have not rendered, but the same to them to render have denied; and the aforesaid A. and W. the same to him the said T. as yet to render they deny, and unjustly detain, whereupon he saith, That he is damnified, and hath Damage to the value of ten Pounds: and thereupon he brings svit: And he brings here into Court, as well the Writing aforesaid, which witnesseth the Debt aforesaid in form aforesaid, as the Letters Testamentary of the aforesaid R. by which it sufficiently appears to the Court here, the aforesaid T. to be Executor of the aforesaid R. of the Testament aforesaid, and thereupon to have Administration, &c.  
And the aforesaid W. by J. R. his Attorney, comes and defends the Force and Injury, when, &c. And says, 
Bar in Debt when one of the Defendants is dead. After the last Covenant, the other pleads Plene administravit.  That after the last continuance of the Plea aforesaid, to wit, after a Month of Saint Michael last past, from which said day the Plaint aforesaid was continued hither unto this day, to wit, unto eight days of Saint hilary, then next following, and before the same eight days of Saint hilary( to wit, such a day last past) the aforesaid A. at R. in the County of C. dyed: And because the aforesaid T. doth not this gainsay, let no process nor any other thing be further done against the said A. &c. And further the said W. saith, That the aforesaid T. ought not to have his Action aforesaid against him, because he saith, That he and the aforesaid A. in the life of the said A. have fully administered all the Goods and Chattels, which were of the aforesaid W. M. at the time of his Death: And that they, in the life of the said A. had no Goods or Chattels, which were of the said W. at the time of his Death, in their hands to be administered, nor had the day of the issuing forth of the Original Writ of them the said T. O. nor at any time after the issuing forth of the same Writ, in the life of the same A. and also that he never after the Death of the aforesaid A. had any Goods or Chattels, which were of the aforesaid W. M. at the time of his Death, in his hands to be administered: And this he is ready to aver, whereupon he demands judgement, whether the aforesaid T. ought to have his Action against him, &c.  
And the aforesaid T. says, That he, by any thing before alleged, ought not to be debarred from having his Action aforesaid, because he says, That the aforesaid A. and W. M. the day of the issuing forth of the Original Writ of him the said T.( that is to say, such a day and year) had divers Goods and Chattels, which were the aforesaid W. M. at the time of his Death, in their hands to be administered, to the value of the aforesaid Debt of twenty Marks, whereby they were able to have satisfied him the said T. of the same Debt, to wit, at C. aforesaid, and this he preys may be inquired of by the Country, and the aforesaid W. M. in like manner: Therefore Command is given to the Sheriff, &c.   

J. H. late of C. in the County of L. Gentleman, 
An Action of Debt brought upon a Bill to be paid at the day of marriage,  was summoned to answer T. N. and E. his Wife, Administratrix of the Goods and Chattels which were of T. B. of a Plea, That he render him five Pounds, which he unjustly detains from him, &c. And whereupon the said T. N. and E. by W. L. their Attorney say, That whereas the aforesaid J.( such a day, year, and place) by his certain Bill obligatory, which they the said T. N. and E. with the Seal of him the said J. signed, here bring into Court, the Date whereof is the same day and year, for and in consideration of one Gold Ring, with a certain ston called a Diamond, in the same Ring fixed of the aforesaid T. B. in his life time, received the Day of the making of the aforesaid Bill, did acknowledge and grant to, and with the aforesaid T. B. in his life-time, That he the said J. his Executors or Assigns, would pay or cause to be paid to the aforesaid T. B. his Executors or Assigns, for the same Ring at such a day and time, as he the said J. should be wed or married, or at any other time after his Marriage, whensoever he should be required by the aforesaid T. B. his Executors or Assigns, or by him that should bring the said Bill, the said sum of five Pounds, to his or their use, the aforesaid time to be paid: And the same T. N. and E. in fact say, That the aforesaid J. after the making of the said Bill, to wit( such a day and year) within the Parish Church of H. did take to his Wife one J. D. by which the Action did accrue unto the said T. R. in his Life, and to the said E. after the said T. B. his Death, whilst she was Sole, and to the said T. N. and E. after Espousals between them celebrated, to require and have of the aforesaid J. the same five Pounds, yet the aforesaid J. although often required, the aforesaid five Pounds to the aforesaid T. B. in his life-time, or to the aforesaid E. whilst she was Sole, to whom the Administration of all the Goods and Chattels, which were of the aforesaid T. B. the time of his Death, by the Bishop, &c.( such a day, and year, and place) was committed, or to the aforesaid T. N. and E. after Espousals between them celebrated, hath not rendered, but the same to render to them hath denied, and the same to render to the said T. N. and E as yet doth deny, and unjustly detain, whereupon they say, That they are damnified, and have Damage to the value of five Pounds, and thereof they bring their Action, and they bring here into Court the Letter of Administration, &c.  
And the aforesaid J. by R. B. his Attorney, comes and defends the force and injury, 
The Defendant pleads he was within age at the time of the making of the Bill.  when, &c. and says, That the aforesaid N. and E. ought not to have their Action aforesaid against him, because he saith, That he, at the time of the making of the Bill aforesaid, was within the age of one and twenty years, and this he is ready to aver, whereupon he demands judgement, whether the aforesaid T. N. and E. ought to have their Action aforesaid against him, &c.  
And the aforesaid T. N. and E. say, That they, by any thing before alleged, ought not to be debarred from having their. Action aforesaid against the said J. because they say, That the aforesaid J. at the time of the making of the Bill aforesaid, was of the full age of one and twenty years, and not within age, as the aforesaid J. hath above alleged, and this they pray may be inquired of by the Country, and the aforesaid J. in like manner: Therefore Command is given to the Sheriff, That he cause to come twelve, &c.   

G. F. was summoned to answer F. B. one of the Attorneys, &c. 
Debt brought by an Attorney for his Fees and expenses, Trin. 8 Eliz. rot. 851  of a Plea, That he render him forty shillings, which he owes him, and unjustly detains, &c. And whereupon the said F. in his proper person says, That whereas the aforesaid G.( such a day, year, and place) did retain him the said F. to be Attorney of him the said G. to prosecute for him the said G. as his Attorney in the Court of our Lord the King here at Westminster, a certain Original Writ under his name against W. W. P. P. and R. M. of a Plea of Trespass to be returnable before the Justices of our Lord the King of the Bench here, from the said( such a day and year) so long as both parties aforesaid should please, taking for his Fee and labour in that part sustained, every Term wherein the said F. should be Attorney for him the said G. three shillings and four pence, over and above his Costs and expenses by him about the prosecution of the process upon the said Writ, as for writing of Writs, sealing of them, Entries of Pleas, and Warrants of Attorney to be put in, to be laid out, by which he the said F. from the aforesaid( such a day and year) for six Terms then next following, was Attorney for him the said G. in the aforesaid Bench, and divers Writs upon the aforesaid original Writ, under the name, and for the aforesaid G. did prosecute in the same Court, and twenty shillings of the aforesaid forty shillings to him the said F. for his Fees by the same time, were in arrear unpayd, by which the Action accrued to him the said F. to require and have of the said G. the same twenty-shillings, and also he the said F. for the aforesaid G. in Costs and expenses about the prosecution of the Writs aforesaid, and other process thereupon had, as in writing of Writs, and sealing of them, Entry of Pleas, and Warrants of Attorney did lay out fourteen shillings of the aforesaid forty shillings, by which the Action did likewise accrue unto the said F. to require and have of the aforesaid G. the said fourteen shillings; and whereas the aforesaid G.( such a day, year, and place) also borrowed of the aforesaid F. six shillings, residue of the aforesaid forty shillings, to be paid to him the said F. when he should be thereunto required, yet the aforesaid G. although often required, the aforesaid forty shillings to him the said F. hath not rendered, but the same to him hitherto to render hath denied, and as yet doth deny, whereupon he saith, That he is damnified, and hath Damage to the value of an hundred shillings, and thereupon he brings his Action, &c.  
And the aforesaid G. by T. H. his Attorney, 
nile debet per p●triam.  comes and defends the force and injury, when, &c. and saith, That he owes not to the aforesaid F. the said forty shillings, or any penny thereof, in the form wherein the said F. hath above against him declared, and of this he puts himself upon the Country, and the aforesaid F. in like manner, therefore command is given to the Sheriff, that he cause to come twelve &c.   

AND the aforesaid T. 
A judgement in Debt by default.  by J. F. his Attorney, comes and defends the Force and Injury, when, &c. and says nothing in bar or avoidance of the aforesaid Action of the aforesaid W. by which the said W. remaineth against the said T. thereupon undefended, therefore it is considered, That the aforesaid W. recover against the said T. his Debt aforesaid, and his Damages by reason of the detaining of the same Debt unto twenty shillings to him the said W of his Assent by the Court adjudged, 
Mercy.  and the aforesaid T. in mercy, &c.   

AND the aforesaid Defendant by J. C. 
A Plea in Bar to a Declaration upon a Bond, that the Plaintiff hath razed the Bond, and ●ltered the sum. Pasc. 11 Eliz. Rot. 753.  his Attorney, comes and defends the force and injury, when, &c. and says, That the aforesaid Plaintiff ought not to have his Action against him, because he saith, That he the day and year aforesaid, the Writing aforesaid, of the sum of twenty pounds, caused to be written, and that containing in it onely the sum of twenty pounds, with his Seal did then seal, and to the aforesaid Plaintiff as his dead did then deliver: And the said Defendant further saith, That after the making, Sealing, and Delivery, of the same Writing, the aforesaid Plaintiff at L. aforesaid, did raze and put out of that Writing the aforesaid sum of twenty pounds, and in the same place writ and put in the aforesaid sum of thirty pounds, by which the aforesaid Writing became void in Law, and this he is ready to aver, whereupon he demands judgement, whether the Plaintiff ought to have his Action against him.  
And the said Plaintiff says, 
The Plaintiff replies, that the razure was before the sealing and delivery.  That he, by any thing before alleged, ought not to be debarred from having his Action aforesaid, because he saith, That before the Sealing and Delivery of the Writing aforesaid, the aforesaid Sum of twenty pounds, out of that said Writing was razed and put out, and in the place and stead of the same sum, the aforesaid Sum of thirty pounds, as well by the assent of him the said Plaintiff, as of the Defendant, into that said Writing was written and put in, and that after the same Sum of thirty pounds was written, and put into the said Writing, the aforesaid Defendant the day and year aforesaid, at L. aforesaid, the aforesaid Writing to him the said Plaintiff as his dead did deliver, 
Traverse the razure.  without that, That the aforesaid J. after the making, Sealing, and Delivery of the Writing aforesaid, did raze and put out, out of the aforesaid Writing, the aforesaid Sum of twenty Pounds, as the aforesaid Defendant hath above alleged, and this, &c. Whereupon he demands judgement, and his Debt aforesaid, together with his Damages, by reason of the Detainder of the same Debt to be adjudged unto him, &c.  
And the aforesaid Defendant, 
The Defendant justifies his plea and takes issue thereupon,  as formerly, saith, That the aforesaid Plaintiff, after the making, Sealing, and Delivery of the Writing aforesaid, did raze and put out of the Writing aforesaid, the aforesaid Sum of twenty pounds, in manner and form as he above hath alleged, and of this he puts himself upon the Country, and the aforesaid Plaintiff in like manner; Therefore Command is given to the Sheriff, That he cause to come here, three Weeks after the Holy Trinity, twelve, &c.   

C. C. late of L. in the County of N. Knight, 
London ss. Narc. su. obb. Hil. 22 Jacobi, Rot. 1730.  otherwise called C. C. &c. was summoned to answer H. Lord Danvers of a Plea, That he render him two hundred pounds, &c. by an Obligation dated at London, &c. the six and twentieth of May, in the eighteen year of King James, An. x c. Pomeroy.  
And the aforesaid C. by J. Serl his Attorney, comes and defends the force and injury, when, &c. and preys hearing of the Writing aforesaid, and it is red unto him, &c. He preys also hearing of the Condition of the same Writing, and it is red unto him in these words; The Condition of this Obligation is such, That whereas the above bound William Hayward hath had, and received at the hands of the right honourable the Lady Elizabeth Hatton, the Sum of one hundred pounds of lawful English money, for his entertainment or wages in her Service, for the term of five years, beginning at the tenth day of April last past, after the Rate of twenty pounds by the year, for every of the said five years: if therefore the said W. H. shall either depart this natural Life before the Expiration of the said five years, or shall not continue in Service with the said Lady Elizabeth by the space of all the said five years, or that the said Lady Elizabeth shall think fit to discharge him the said W. H. of her said Service before the End of the said five years, then she the said Lady Elizabeth to give him a Quarter of a years warning of such her Pleasure, to discharge him of such her Service. If therefore the above bound W. H. H. Jermyn, and C G. or any of them, their Heirs, Executors or Administrators, or any of them, shall within three Months next after the Decease of the said W. H. or his departure from the Service of the said Lady Elizabeth whether of them shall first happen, well and truly pay, or cause to be paid unto the above name the Lord Danvers, his Executors, Administrators, or Assigns, so much of the said hundred pounds as shall be then behind, deducting after the Rate of twenty pounds by the year, for so many years, or so long time of the said five years, as the said W. H. shall have continued in Service with the said Lady Elizabeth Hatton( the said payment to be made at, or in the now dwelling House of the said L. E. in Holborn, commonly called Hatton-House) That then this Obligation to be void, or else to remain in full force: Which being red and heard, the same C. says, That the aforesaid H. ought not to have his Action aforesaid against him, because he saith, That the aforesaid E. after the making of the Writing aforesaid, to wit, the aforesaid twenty sixth of May, in the Reign of our aforesaid Lord the King that now is, the eighteen aforesaid at London, in the Parish and Ward aforesaid, did retain the aforesaid W. H. in the Service of her the said E. to serve her the said E. according to the form of the Condition aforesaid, above specified: and that the said W. by virtue of the Retainer aforesaid, from the aforesaid time of the same Retainer, until the first of July, in the Reign of, &c. the nineteenth, at L. in the Parish and Ward aforesaid, her the said E. did faithfully serve; which said first Day of July, the said E. at L. in the Parish and Ward aforesaid, the aforesaid W. from her Service aforesaid did discharge: And the said W. thereupon, then and there, against the will of him the said W. from the aforesaid Service of the aforesaid E. was compelled to depart, and then and there departed: And that the said E. did not give to him the said W. warning or notice of the Will of her the said E. by the space of a quarter of a year, 
The breach, in not giving a quarters warning.  to discharge him the said W. from her Service aforesaid, according to the form and effect of the Condition aforesaid: And that the said W. as yet remains alive, and in perfect health, to wit, at L. in the Parish and Ward aforesaid: And this he is ready to aver, whereupon he preys judgement, whether the aforesaid H. ought to have his Action aforesaid against him.  
And the aforesaid H. 
The Plaintiff replied, there was ●●●arters warning given.  says, That he, by any thing before alleged, ought not to be debarred from having his Action aforesaid, because he saith, That it is true and just, that the aforesaid E. after the making of the Writing aforesaid, to wit, the aforesaid six and twentieth day of May, in the eighteen year aforesaid, at L. in the Parish and Ward aforesaid, did retain him the said W. in the Service of her the said E. to serve her the said E. according to the form in the Condition aforesaid above specified: And that the same W. by virtue of the Retainer aforesaid, from the aforesaid time of the same Retainder until the first Day of July, in the nineteenth year aforesaid, at L. in the Parish and Ward aforesaid, her the said E. did serve, which said first Day of July, the said E. at L. in the Parish and Ward aforesaid, the aforesaid W. from her Service aforesaid did discharge, as the aforesaid charles hath above by his Pleading alleged: But the same H. further saith, That after the making of the Writing aforesaid, and by the space of a Quarter of a year, before the said first Day of July, the six and twentieth Day of March, in the nineteenth year aforesaid, at L. in the Parish and Ward aforesaid, the aforesaid E. gave to him the said W. warning and notice of the Will of her the said E. to Discharge him the said W. from her Service aforesaid, according to the form and effect of the Condition aforesaid; and this he is ready to aver, whereupon he preys judgement, and his Debt aforesaid, together with his Damages, by occasion of the detaining of the same Debt, to be adjudged unto him, &c.   

ANd the aforesaid C. says, That the aforesaid E. 
Issue taken by the Defendant upon the breach.  gave not the aforesaid W. warning and notice, by the space of a quarter of a year, before the said first day of July, in the nineteenth year aforesaid, of the Will of her the said E. to discharge him the said W. from her service aforesaid, according to the form and effect of the Condition aforesaid, as the aforesaid H. hath above by Replication alleged: And of this he puts himself upon the country, and the aforesaid H. in like manner; Therefore command is given to the Sheriff, that he cause to come here in eight days after the Purification of the blessed Virgin Saint Mary, twelve, &c.   

GEorge B. late of C. in the County aforesaid, Yeoman, 
Devon. ss.  was summoned to answer W. D. and R. F. Executors of the Testament of R. N. of a Plea, that he render him one hundred and sixty pounds by Obligation, dated at T. the sixteenth day of June, 9 Jacobi.  
And the aforesaid G. by J. P. his Attorney, comes and says, 
The Defendant pleads the Prescription of the Stanneries; confirmed by Edw. 1.  That he unto the Declaration of the aforesaid W. and R. F. aforesaid, ought not to answer, because he saith, That he the said G. long before the issuing forth of the original Writ of them the said W. and R. F. the aforesaid G. was, and is a Tinner, working in the aforesaid County of Devonshire, and that all the Stanners working in the Stanneries of our Lord the King, in the County aforesaid, time out of mind, were free and quiet, of Pleas of Natives, and of all Pleas and Demands of our said Lord the King, and his Heirs, in any manner touching; So that they should not answer before any Justice or Ministers of our said Lord the King, or his Heirs, of any Plea or Complaint within the Stannaries aforesaid arising, unless before the Keeper of our said Lord the King, and his Heirs, which for the time being, shall be( excepting Pleas of land, life, or members) nor shall depart from their work by the summons of any Ministers of our said Lord the King, or of his Heirs; unless by the Summons of the said Keeper: Which said prescription and custom, Edward, late King of England, the first, by his Letters patents, with his Great Seal of England, sealed, bearing date at Westminster, in the County of Middlesex, the tenth day of April, in the three and thirtieth year of his Reign of England, to the amendment of his Stanneries in the aforesaid County of Devonshire, and to the tranquillity and profit of the Stannors, of the same Stanneries did confirm, and the aforesaid G. further saith, That he the day of the issuing forth of the original Writ of them the said W. and R. F. was, and yet is a Tinner, working in the Stanneries aforesaid, that is to say, at C. in the aforesaid County of D. And that the Writing aforesaid here in Court brought, was made within the Stanneries aforesaid,( that is to say) at C. aforesaid, in the County aforesaid, upon a certain Contract there, between the said R. N. in his life-time, and him the said G. lately made, the same G. within the Stanneries aforesaid, then and there as yet working: And this he is ready to aver, whereupon he preys judgement, if the Court here will, or ought any further to hold or justify the said Plaint against him the said G. &c.   

LOndon, 
Bill of Debt brought upon an In simul computasset. Mich. 19 Jac. Rot, 2898.  ss. J. Gouldsborough, Esquire, Executor of the Testament of J. G. Esquire, lately one of the Prothonotaries of our said Lord the King, of his Bench here, by R. B. his Attorney, complains of T. B. Gentleman, one of the Attorneys of our said Lord the King, of his Bench here present, here in Court in his proper person, for that he hath not rendered to him the said J. G. seven pounds six shillings and four pence, which he unjustly detains from him, for that,( that is to say) whereas the aforesaid T.( such a day, year, and place) did account with him the said J. G. of divers sums of money, by the aforesaid T. to the said J. G. Esquire, father of him the said J. lately one of the Prothonotaries of the Court of our said Lord the King, of his Bench aforesaid, in his life-time due, and of right accustomend to be paid, for the Fees and Rewards of him the said J. G. the father, for Entries and enrollments of divers Declarations and Pleas of the aforesaid T. in the Rolls of the Court here of Record now remaining by him the said T. in divers Terms before that time made and pleaded: and upon that account, the aforesaid T. was found in arrears towards the aforesaid J. G. the father, in the aforesaid seven pounds eight shillings and four pence, by which the Action did accrue to him the said Plaintiff, to require and have of the aforesaid T. the aforesaid seven pounds six shillings and four pence; yet the aforesaid T. although often demaned the said seven pounds six shillings four pence, to him the said Plaintiff, he hath not rendered, &c.   

R. G. 
An Action of Debt upon a retainer ●●r a School-Master.  lately of L. was summoned to answer W. B. of a Plea, that he render him one hundred marks which he owes him, and unjustly detains, &c. And thereupon the said W. by J. H. his Attorney, says, That whereas he the aforesaid R.( such a day, year and place) did retain him the said W. then being School Master, and learned, to teach and instruct in good letters and manners. N. G. and L. G. the sons of the aforesaid Defendant, taking of the aforesaid Defendant for the labour of him the said Plaintiff in that behalf every year, wherein the said Plaintiff, the aforesaid N. G. and L. G. sons as aforesaid, should teach and instruct, thirty pounds: By virtue of which retainder, he the said Plaintiff, the aforesaid N. G. and L. G. the sons, &c. from the aforesaid( such a day and year abovesaid) by two whole years then next following, in good letters and manners, at L. L. did teach and instruct: And sixty pounds of the aforesaid hundred Marks, to him the said Plaintiff for his labour therein, by the same time became in arrear, and as yet remain unpaid, by which Action accrued, &c. Lay a Mutuat. for the residue to be paid, when he shall be thereunto required, &c. And thereupon he brings svit, &c.   

DOrset, ss. J. M. late of, &c. 
Debt upon a Demise for cattle lent to farm, Mich. 11 Jacobi, Rot. 909.  was summoned to answer William Harbyn and Mary his wife, Executrix of the Testament of W. J. of a Plea, That he render them twenty pounds five shillings, which he unjustly detains from them, &c. And whereupon the same W. and M. by J. D. their Attorney, say, that whereas the aforesaid W. J. in his life-time, that is to say,( such a day and year) at S. did let to the aforesaid J. fifteen Cowes with the whole profit and Emolument of the same Cowes in any manner coming or arising( from the same day and year) aforesaid, unto the Feast of the Annunciation of the blessed Virgin Mary, in the year of our Lord, 1618. to pay to him the said W. J. his Executors or Assigns, for each Cow of the aforesaid fifteen Cows, for the time aforesaid forty six shillings and eight pence, amounting in the whole, to five and thirty pounds, at four Terms of the year,( that is to say) At the 〈◇〉 the Nativity of Saint John Baptist, Saint Michael the Arch-Angel, the Birth of our LORD, and the Annunciation of the blessed Virgin Mary, by equal portions to be paid, by virtue whereof the aforesaid J. the aforesaid fifteen Cows, by the whole time aforesaid, had and occupied, and the milk and Calves, and the whole profit and emolument of the same Cows coming and arising, to his own proper use, did apply and convert, and the aforesaid W. J. after( the aforesaid day and year) that is to say,( such a day and year aforesaid) at S. aforesaid, died, and six and twenty pounds and five shillings of the aforesaid five and thirty pounds payable at three Feasts, of the Feasts aforesaid, that is to say, At the Feast of Saint Michael the Arch-Angel, the Birth of our LORD, and at the aforesaid Feast of the Annunciation of the blessed Virgin Mary, in the year 1618. aforesaid, and after the death of the aforesaid W. J. to her the said M. whilst she was sole, were in arrear, and as yet remain unpaid, by which the Action did accrue to ber the said M. whilst she was sole, and to them the said W. H. and M. after Espousals celebrated between them, to require and have of the aforesaid J. the aforesaid six and twenty pounds five shillings; yet the aforesaid J. although often required the aforesaid six and twenty pounds and five shillings, to her the said M. whilst she was sole, or to them the said W. and M. after espousals between them celebrated, hath not rendered; but the same to them to render hitherto denied, and the same to them the said W. and M. as yet to render doth deny, and unjustly detain, whereupon they say they are damnified, and have damage to the value of thirty pounds, and thereupon they bring svit, &c. and produce here in Court, the Letters Testamentary of the said W. J. by which it doth sufficiently appear to the Court here, the said M. to be Executrix of the Will aforesaid, and thereupon to have Administration, &c.   

R. D. lately of, 
London, ss. Debt by a Surgeon for curing a Wound, Mich. 6 Jac. Rot. 660.  &c. was summoned to answer A. Doughton of a Plea, That he render him fifty shillings which he owes him, and unjustly detains, &c. and whereupon the said A. by L. B. his Attorney, says, That whereas the afore said R.( such a day and year) at London, in the Parish of Saint Mary-Bow, in the Ward of Cheap, did retain him the said A. to cure him the said R. of a certain wound in the right side of his breast, of which the aforesaid R. did then languish, taking of him the said R. for curing of the aforesaid wound of the said R. the aforesaid fifty shillings, to be paid to him the said R. when he should be thereunto required, by virtue of which retainder, he the said A. the aforesaid R. of the wound aforesaid, afterwards at L. in the Parish and Ward aforesaid did cure, by which the Action did accrue to him the said A. to require and have of the aforesaid R. the aforesaid fifty shillings; yet the aforesaid R. although often required the aforesaid fifty shillings to him the said A. he hath not rendered, but the same to him hitherto to render hath denied, and as yet doth deny, whereupon he saith, that he is damnified, and hath damage to the value of five pounds, and thereupon he brings his Action, &c.   

J. R. 
Essex, ss. Debt brought by an Assignee in Reversion for Reat, Trin. 20 Jac. Rot. 1002.  lately of B. in the County of, &c. otherwise called J. R. of B. in the said County of Essex, Gentleman, was summoned to answer J. R. of a Plea, That he render him fourteen pounds which he owes him, and unjustly detains, &c. and whereupon the said J. R. by John Rowley his Attorney, says, That whereas one J. Paternoster, and Agnes his wife, were seized of one messsage, and five acres of Land, with the Appurtenances in B. aforesaid, in their Demesne as of Free-hold for term of the lives of them the said J. P. and A. and the longer liver of either of them, and being so thereof seized, the said J. P.( such a day and year) at B. aforesaid by his certain Indenture made between him and the said J. P. of the one part, and the aforesaid J. R. of the other part, which said other part, with the Seal of the aforesaid J. P. signed, the aforesaid J. R. brings here into Court, the Date whereof, is the same day and year, did demise, and to Farm let unto the aforesaid J. R. the Tenements aforesaid, with the Appurtenances, by the name of that whole messsage, with the Appurtenances, then in the tenor of R. F. lying in B. aforesaid, as also of that whole Barn or Cottage and Close, with the Appurtenances lately in the tenor of W. R. containing by Estimation, five acres, whether more or less, lying also in B. aforesaid, between the Kings. way there of the one part, and the Land, in the tenor of M. L. or his Assigns of the other part, one head whereof abuts upon the Tenements of Cyprian Vintney towards the North, and the other head upon the Lane or Chase towards the South, To have and to hold the aforesaid Tenements, with the Appurtenances, to the aforesaid J. R. his Exceutors and Assigns from the Feast of Saint Michael the Arch-Angel then last past, before the date of the said Indenture, unto the end and term of fifteen years, from thence next following, to be fully complete and ended, rendering and paying therefore yearly, during the first two years of the said term, one penny of lawful money of England, at the Feast of Saint Michael the Arch-Angel, if it be lawfully demanded, and rendering and paying therefore yearly, during the whole residue of the said term, seven pounds of lawful money of England, at the said Feast: By virtue of which said Demise, the aforesaid J. R. immediately after the making of the aforesaid Indenture, into the Tenements aforesaid, with the Appurtenances, as afore demised, did enter, and was thereof possessed; and so being thereof possessed, and the aforesaid J. P. and A. his wife, of the Reversion of the Tenements aforesaid, with the Appurtenance in their Demesne as of Free-hold for term of their lives, and the longer liver of either of them in form aforesaid being seized, the aforesaid A. after the making of the Indenture aforesaid, to wit,( such a day, year, and place) aforesaid, died of such her Estate, of, and in the Premises aforesaid seized, and the aforesaid J. P. survived her, and was sole seized of the Reversion of the aforesaid Tenements, with the Appurtenances, as of his Free-hold for term of his life of him the said J. and the aforesaid J. P. of the same Reversion, being so seized, and the aforesaid J. R. of the Tenements aforesaid with the Appurtenances in form aforesaid being possessed, the same J. P. afterwards, to wit,( such a day and year) at B. aforesaid, by his certain Writing indented with the Seal of him the said J. P. sealed, and here in Court shown, whose date is the same day and year, did demise and grant to the aforesaid J. R. the aforesaid Tenements with the Appurtenances, to have and to hold to the aforesaid J. R. his Executors and Assigns, from the time of the making of the same Writing, unto the end of the term of eighty years from thence next following, if the aforesaid J. should so long live; unto which said Grant to the aforesaid J. R. by the aforesaid J. P made as aforesaid, the aforesaid J. R. of the Tenements aforesaid, in form aforesaid, being possessed after the making of the Writing indented aforesaid, and before the Feast of Saint Michael the Arch-Angel, then next following, to wit,( such a day, year, and place) did thereunto to the aforesaid J. R. 
The attornment of the Tenant,  attorn and agree, by virtue of the which Grant of the aforesaid J. P. and by force of the Attornment of the said J. R. to him the said J. R. as aforesaid made, the same J. R. was, and yet is possessed of the Reversion of the aforesaid Tenements, with the Appurtenances, for, and during the whole residue of the said term of eighty years, then, and as yet to come unexpired, if the aforesaid J. P. should so long live: and the aforesaid J. R. being so thereof possessed; and the aforesaid J. R. of the aforesaid Tenements, with the Appurtenances, as aforesaid, being possessed, the aforesaid fourteen pounds of the Rent aforesaid, for the aforesaid Tenements, at the Feast of Saint Michael the Arch-Angel in the nineteenth year of the King that now is, for two years then ended, to him the said J. R. were in arrear, and as yet remain unpaid, by which the Action did accrue to him the said J. R. to require and have of the aforesaid J. R. the fourteen pounds aforesaid; yet the aforesaid J. R. although often required the aforesaid fourteen pounds, to him the said R. he hath not rendered it; but the same to him hitherto to render, he hath denied, and as yet doth deny; whereupon he saith, that he is damnified, and hath damage to the value of ten pounds, and thereupon he brings his Action, &c. with this, that he the said J. R. will aver, that the aforesaid J. P. as yet is alive, and in full health, that is to say, at B. aforesaid.   

LOndon, 
Debt upon a Bi●l for mat●er accrueing after making and sealing of the Bill, Trin. 20. ●●c. Rot. 2970.  ss. G. Shillitoe, lately of London, Esquire, otherwise called G. Shillitoe of Grays-Inne in Holborn, in the Connty of Middlesex, Esquire, was summoned to answer John hat of a Plea, that he render him twenty pounds which he owes him, and unjustly detains, &c. And thereupon, the same J. by W. Smythier his Attorney, says, That whereas the aforesaid George,( such a day, year, and place) by his certain Bill Obligatory, which the said J. with the Seal of the aforesaid G. signed here in Court produces, whose date is the same day and year, did aclowledge himself to owe to him the said J. five pounds and twelve shillings of lawful money of England, to be paid upon the twentieth day of the same instant Month of November: And for the same payment truly to be paid at the house of him the said J. in little Alhallows Thamestreet London, upon the day aforesaid, and for all Beer which the aforesaid G. should receive of him the said J. between the making of the Bill aforesaid, and the eight and twentieth day of March then next following, at such rates as the same should be delivered, the aforesaid G. did bind himself, his Heirs, Executors, and Administrators in twenty pounds of lawful money of England, to be paid to him the said J. his Executors or Administrators, if default should be made in part or in whole, as is aforesaid by the same Bill, as by the same same Bill more fully is manifest: And the aforesa●d J. in fact saith, that he, after the making of the Bill aforesaid, and before the said eight and twentieth day of March then next following, to wit, the first day of February, in the year one thousand six hundred and twenty aforesaid, at London, in the Parish and Ward aforesaid, did sell and deliver to the aforesaid G. three barrels of Beer, at the rate of ten shillings for each barrel thereof; and four other barrels of Beer, according to the rate of six shillings for every barrel thereof; which said barrels of Beer, the aforesaid G. at the rates aforesaid of him the said J. then and there received: And the aforesaid J. by protestation, saith, That the aforesaid G. paid not to him the said J. any of the sums of money above specified, according to the form and effect of the Bill aforesaid: In fact he the said J. further saith, That the aforesaid G. did not pay to him the said J. the aforesaid five pounds and twelve shillings upon the aforesaid twentieth day of November, which he ought to have paid unto him upon the same day, according to the form and effect of the Bill aforesaid, by which the Action did accrue to him the said J. to require and have of the aforesaid G. the aforesaid twenty pounds; yet the aforesaid G. although often required the aforesaid twenty pounds to him the said J. he hath not as yet rendered, but the same to him hitherto to render hath denied, and as yet doth deny, whereupon he saith he is damnified, and hath damage to the value of ten pounds, and thereupon he brings his svit, &c.   

J. L. was summoned to answer the Keepers, &c. and T. N. 
Upon the Statute against fraudulent gifts, against him who avoweth a fraudulent gift to defraud the Plaintiff of his just Debt, whereby he forfeited the value of the goods.  who as well for the said Keepers, &c. as for himself followeth, of a Plea, That he render to the same T. one hundred pounds which to the said Keepers, &c. and the same T. he oweth and unjustly detaineth, &c. And whereupon the same T. who as well, &c. by C. B. his Attorney, saith, That whereas in the Statute in the Parliament of the Lady Elizabeth, late Queen here,( that is to say) at W. in the County of M. the second day of A. in the thirteenth year of her Reign, held and published, amongst other things, &c.( reciting the Statute) And whereas one W. T. the last day of J.( in such a year) was indebted to the said T. who, &c. in seventy eight pounds and eighteen shillings, and the same day and year at N. was possessed of divers goods and chattels,( that is to say) of eighteen pieces of double Bays, six pieces of single Bays, &c. as of his proper goods and chattels; and being thereof so possessed, and in the aforesaid seventy eighty pounds and eighteen shillings to the same T. as aforesaid, being likewise indebted, afterwards,( that is to say) the aforesaid last day of J.( in such a year) aforesaid at N. aforesaid, by fraud, collusion, and deceit, between him the said W. and the aforesaid J. devised, and forethought of, and to defraud, hinder, and defer him the said T. of his Debt aforesaid, hath given and aliened the aforesaid goods and chattels to the said J. after which said gift and alienation, so by fraud and collusion made and had,( that is to say) the same last day of J.( in such a year) aforesaid, the same T. at N. N. aforesaid, according to the custom of the City of Norwich, time out of mind used, did endeavour and pretend to attach the aforesaid W. by the goods and chattels aforesaid, for the more sure recovery of his Debt aforesaid: And the aforesaid T. that perceiving and knowing his gift and alienation aforesaid by fraud and collusion to be made and had, to the intent to hinder and defer him the said T. of his Debt aforesaid, and to hinder the said Attachment, according to the custom of the City aforesaid, from being done, the Statute aforesaid not caring for, neither the pain in the same contained, fearing afterwards,( that is to say) the same last day of J.( in such a year) at N. aforesaid, knowingly and voluntarily did avow and maintain the gift and alienation aforesaid, as true and honest, and an Act had and done in good faith, and upon good consideration, in contempt of the said Keepers, &c. And to the grievous damage of him the said T. and against the form of the Statute aforesaid; by reason of which said Avowrie, and maintaining of the gift and alienation aforesaid, the said T. did altogether desist to prosecute the Attachment of the goods and chattels aforesaid, according to the custom of the City aforesaid: and the said T. saith, That the goods and chattels aforesaid, at the time of the gift and alienation aforesaid, were worth an hundred and seventy pounds, by which Action accrued to the said T. who( by the said covinous and fraudulent gift and alienation, Avowry, and by the maintaining as aforesaid of his just Debt aforesaid) is hindered and retarded, to have and require of the aforesaid J. for the same Keepers, &c. and for himself the aforesaid hundred and seventy pounds, yet the same J, although often required, &c.   

ANd whereupon, 
Debt by Assignee upon the Statute of Bankrupt.  &c. he saith, That whereas the aforesaid Defendant( such a day and year) had bought of one P. E. four Rheams of Paper for, &c. And whereas the aforesaid P. E.( such a day and year) was indebted to the said J. and to one A. B. and V. and divers other persons, being Creditors of the said P. E. born Subjects of this Nation of E. in divers sums of money, in the whole amounting to one hundred pounds of lawful money of England: and he the said P. E. being so indebted, and the aforesaid forty eight pounds sixteen shillings and four pence, being wholly paid to the said P. E. by the said F. the same P. afterwards,( that is to say, such a day and year) at L. 
Beg●n to keep his house, and so became a Bank●upt.  in the Parish and Ward aforesaid, with an intent to defraud( the same J. and other Creditors of the said P. E. of the Debts aforesaid, bing altogether unpaid) did begin to keep his House there being; and thereupon the same P. E.( such a day and year) aforesaid, at L. aforesaid, in the Parish and Ward aforesaid, manifestly became a Bankrupt, which said P. the aforesaid time, in which he so as aforesaid became a Bankrupt, was, and yet is, a Born-Subject of this Nation( that is to say) at L. in the Parish and Ward aforesaid: And then, and for many years before that time, in the same Parish did seek his Trade of living by way of Buying and Selling: And whereas afterwards( that is to say) such a Day and Year, at W. in the County of Middlesex, at the Petition of the said A. B. and J. V. 
The Commission out of Chancery at the Petition of the Creditors.  and other Creditors of the said P. E. then exhibited and made to Thomas Elesmere, Lord Chancellor of England, for their remedy against the said P. E. then being a Bankrupt, in this behalf, to be had to the same A. B. and J. and other the Creditors of the said P. E. of their Debts aforesaid, then being unpayd, or satisfied, a certain Commission of our Lord the King, &c. upon the Statute against Bankrupts published and provided, sealed under the Great Seal of England of the said King, and here in Court produced, bearing Date at W. aforesaid( such a Day and Year) to one J. S. Esquire, H. S. Esquire, J. H. Merchant, R. H. Merchant, and W. R. Merchant, was directed, by which said Commission the said Lord the King, &c. gave full power to the said Commissioners, four or three of them, whereof the aforesaid J. S. or H. S. should be one, according to the several Statutes of Bankrupts in such case published, and provided in the said Commission mentioned, not onely concerning the said Bankrupts Body, Lands, Freehold, and customary Goods, Debts, and other things whatsoever; but also concerning all other Persons, which by plain concealment, or otherwise, had or should offend, touching the premises aforesaid, or any part thereof, against the intent or provision of the said Statutes, or either of them, to do and execute according to the said Statutes, or both of them, all and every thing or things whatseover, towards satisfaction and payment of the Creditors aforesaid, as towards and for all other intents and purposes, according to the Ordinance and Provision of the said Statutes, by which Commission the said King, &c. willed, and gave in Command, That the said Commissioners, four or three of them( whereof the said J. S. or H. S. should be one) to proceed to the Execution and accomplishment of the said Commission, according to the true intent and meaning of the aforesaid several Statutes, and both of them with all Diligence and Effect, according to the special Trust of the said King, &c. in them reposed, as by the same Commission more fully is manifest and appeareth: By virtue of which said Commission, and by force of the Statutes aforesaid, the said R. H. and W. for the better remedy of the Creditors aforesaid, after mature Deliberation thereof taken afterwards, 
Indenture of assignment to the Credito. ●,  that is to say( such a Day and Year) at L. in the Parish and Ward aforesaid, by a certain Indenture of Assignment between them the said R. H. and W. of the one part, and the said P. J. and J. of the other part made, which other part, signed with the Seals of them the said H. R. and W. the same P. J. and J. produce here in Court, the Date whereof is the same day and year, 
Averment that it is one and the same Debt, and as well to the use of the Plaintiff as to the other Credi●ers.  testifying, That whereas, &c.( reciting the Indenture) as by the same Indenture, amongst other things more fully appeareth: And the same P. J. and J. in fact say, That the said Debt of forty seven pounds five shillings and four pence is in the Schedule aforesaid, amongst other things, to the said Indenture annexed, and amongst other things to the said P. J. and J. by the same Indenture, by the Commissioners aforesaid assigned, and the aforesaid Debt of seven and forty pounds five shillings and four pence above specified, is the same Debt, and not another, nor divers, and is as well to the use of the said P. J. and J. as to the use of the rest of the Creditors of the said P. E. by which, and by force of the Statutes aforesaid, Action hath accrued to the said P. J. and J. to require and have, &c. Trin. 13 Jac. Rot. 3665.   

H. G. &c. 
Upon a Bill for payment of Money and Chattels.  otherwise called, &c. to answer T. D. of a Plea, That he render to him ten pounds, which he oweth to him, and unjustly detaineth, and one Nag of the price of an hundred shillings, and Goods and Chattels to the value of one hundred shillings, which from him he unjustly detaineth, &c. and whereupon, &c. saith, That whereas, &c. by a certain Bill obligatory, which the said Plaintiff, sealed with the Seal of the said Defendant, produceth here in Court, the Date whereof is the same Day and Year he acknowledged himself to owe to the said Plaintiff ten pounds of lawful money of England, one Gelding called a Nag, of the price of an hundred shillings, and one Velvet Saddle, bound about with Gold Lace, &c. to be paid to the said T. at the day of Marriage, or at the day of the Death of the said Defendant, which should first happen, and to the same payment, &c. by the said Bill: and the said Plaintiff in fact saith, That the aforesaid H. after the making of the Bill aforesaid, and before the Day of the issuing forth of the Original Writ of him the said Plaintiff( that is to say, such a Day and Year) at C. aforesaid, took to Wife one A. B. by which Action accrued to the same T. to require and have of the aforesaid H. the said ten pounds, and the Gelding aforesaid, and the Goods and Chattels aforesaid; yet the said H. although often required, the said ten pounds, the Gelding, and the said Goods and Chattels to the same T. hath not yet rendered, but the same hitherto to render to him hath denied, and yet doth deny, and the Gelding, and Goods and Chattels aforesaid unjustly doth detain: Whereupon, &c.   

HIS Action ought not, 
Bar by a general Acquit●a●ce.  &c. because he saith, That after the making of the Writing aforesaid( that is to say, such a Day and Year) the said Plaintiff, by his certain Bill of Acquittance, which the said Defendant signed with the Seal of him the said Plaintiff, here in Court produceth, the Date whereof is the same Day and Year, he acquitted and discharged him the said Defendant by the name of, &c. of all Actions, Plaints, Demands, Debts, Accounts, and Debates, for the same R. W. and in his name executed and assigned, from the beginning of the World until the Day of the Date of the same Bill: And this, &c. if judgement, &c.  
The Plaintiff saith, That he ought not to be barred, &c. 
It is not the Plaintiffs dead.  because he saith, That the aforesaid Bill of Acquittance is not his dead: And this he prayeth, &c. twelve, &c. Trin. 7 Jacobi, Rot. 1420.   

AND whereupon, &c. saith, That whereas one T. H. 
By the Heir upon an Indenture made by his Ancestor against his Executor of a Lessee for●ent behind in the life of the Lessee, and after●.  Father of him the said T. H.( such a Day and Year) at G. by his certain Indenture, made between him the said T. H. the Father, of the one part, and the said R. S. of the other part, which other part signed with the Seal of the said R S. the same T. H. the Son here in Court produceth, the Date whereof is the same Day and Year, demised to the said R. S. in his life, fifty Acres of Lands, with the Appurtenances, in O. in the County aforesaid, to hold and occupy from, &c. fully to be complete and ended, yielding, &c.( such a Rent:) By virtue of which Demise, the said R. S. into the Tenements aforesaid, with the Appurtenances, did enter, and was thereof possessed; and being thereof so possessed, and the said T. H. the Father, ●eing of the Reversion thereof seized in his Demesn as of Fee, the said T. H. the Father( such a Day and Year) at O. aforesaid, 
The Father dieth.  dyed of such his Estate thereof seized; after whose Death, the Reversion of the Tenements aforesaid, with the Appurtenances, did descend to the same T. H. 
The Son was seized of the Reversion.  the Son, as Son and Heir of the aforesaid T. H. the Father, by which the same T. H. the Son was seized of the Reversion of the Tenements aforesaid, and of the Rent aforesaid, in his Demesn as of Fee: And he the said T. H. the Son, being thereof so seized, and the aforesaid R. S. of the Tenements aforesaid, with the Appurtenances, in form aforesaid, being possessed, the aforesaid R.( such a Day and Year) at O. 
The Lessee dy●●.  aforesaid, dyed thereof possessed, and ten pounds of the aforesaid twenty pounds of the Rent aforesaid, for one half year, ending at the Feast of, &c. in the year, &c. at the same Feast, and by eight Days then next following, in the life of the said R. and other ten pounds, residue of the said twenty pounds of the Rent aforesaid, for one half year, ending at, &c. at the same Feast, and by eight days then next following, after the Death of the said R. payable, were unpayd, by which the Action accrued to the same T. H. the Son, to have and require of the said R. in his life, the said ten pounds of the said twenty pounds, and of the said Defendant after the Death of the said R. the other ten pounds, residue of the aforesaid twenty pounds, yet the said R. S. in his life, although often required, the said ten pounds of the said twenty pounds, and the said Defendant, after the Death of him the said R. although often required, the said other ten pounds, residue of the said twenty pounds, to the same T. H. hath not rendered, but have denied to render to him the same, and the said Defendant doth yet deny to render to him the same, and unjustly detaineth; whereupon he saith, &c. P. 32 Eliz. Rot. 1609.   

THerefore it is commanded to the Sheriff, 
A Release pleaded after the last continuance.  That he cause to come, &c. in five and twenty days of Easter, twelve, &c. the same day, &c. At which day here came as well the aforesaid Plaintiff, as the said Defendant by their Attorneys aforesaid: And hereupon the same Defendant, relinquishing his Averment aforesaid, by him above pretended, saith, That the aforesaid Plaintiff, after the last continuance of the Plea aforesaid( that is to say) after the aforesaid eight days of Saint hilary last past, and before this day( that is to say) from the said day of Easter in fifteen days( that is to say, such a Day and Year) at London, in the Parish and Ward aforesaid, by a certain Writing of Release, which the said Defendant, signed with the Seal of the said Plaintiff, here in Court produces, the Date whereof is the same Day and Year, remised, &c.( as in the Release more fully appeareth.) And this, &c. Whereupon he prayeth judgement, and that the said Plaintiff may be barred from his Action aforesaid, &c. whereupon the said Plaintiff prayeth licence to imparl here until, &c. And he hath, &c. The same Day is given to the said Defendant here, &c. At which Day here came as well the aforesaid Plaintiff, as the said Defendant, by their Attorneys aforesaid: And hereupon the same Plaintiff saith, That he cannot deny but the aforesaid Writing of Release is the dead of him the said Plaintiff, 
The Plaintiff take nothing by 〈◇〉 Wr●t.  as the said Defendant hath above alleged. Therefore it is considered of, That the said Plaintiff take nothing by his Writ aforesaid, but be in mercy for his false clamour thereupon: And that the said Defendant go without Day, &c.   

WHereupon, 
Debt. upon Ar●●cles.  &c. saith, That by a certain Writing of Articles made at A.( such a Day and Year) between him the said Plaintiff, of the one part, and the said Defendant of the other part, which other part sealed with the Seal of the said Defendant, the said Plaintiff here in Court produceth, the Date whereof is the same Day and Year, it was covenanted, concluded, and agreed, in form following( that is to say) First of all, that, &c. as in the Articles, as by the same Writing of Articles more fully appeareth: And the said Plaintiff in fact saith, That although the aforesaid Defendant hath had and occupied the free Egress and Regress in and upon the said Acres of Land called P. according to the form and effect of the Articles aforesaid, yet the said Defendant, although often required, the said twenty pounds to the same Plaintiff hath not yet, &c.   

AND the said Defendant defendeth, &c. and preys hearing, &c. 
The Plaintiff not damnifi●d, pleaded to a Counter-Bond.  and it is red to him in these words; The Condition of this Obligation is such, That if the above bound J. H. his Heirs, &c. do, and shall from time to time, and at all times hereafter, acquit and discharge, or otherwise save and keep harmless the within name W. H. and T. D. and either of them, &c. of and from all Losses, Forfeitures, Costs, and Damages, which they or any of them shall, or may at any time hereafter forfeit, lose, bear, or sustain, for or by means of one Obligation bearing Date of these Presents, wherein and whereby they the said W. and D. stand jointly and severally bound with the said J. H. to one E. P. in the sum of ten Pounds, That then, &c. Which being red, &c. His Action ought no●, &c. because he saith, That the said T. and W. or either of them, after the making of the Writing aforesaid here in Court brought, were not in any manner damnified, by reason of the aforesaid Writing Obligatory of ten pounds, in the endorsement aforesaid above specified, in which the aforesaid T. and W. together with the same J. for the Debt of him the said J. jointly and severally bound to the said E. and this, &c. if judgement, &c.  
And the said Plaintiff saith, &c. ought not to be debarred, &c. 
The Plaintiff for breach allegeth a svit prosecuted against him, which cost him thirty shi●lings, and s● was damnified.  because he saith, That the aforesaid E. after the making of the Writing aforesaid here in Court brought at C. aforesaid, took to Husband one H. Band, that the same H and E. after Espousals between them celebrated, and before the issuing forth of the Original Writ of him the said T.( that is to say) such a Day and Year, for Recovery of the aforesaid ten pounds upon the aforesaid Writing Obligatory in the endorsement aforesaid above specified, did prosecute out of the Court of Chancery, of the Keepers, &c. at Westminster in the County of Middlesex then being, a certain Original Writ of them the said Keepers, &c. of Debt upon demand of the said ten pounds against him the said Defendant to the then Sheriff of E. directed, by which said Writ the said Keepers, &c. commanded the said Sheriff, That he the said Sheriff should command, &c. and unless, &c. that he should summon, &c. At which day the Sheriff returns, &c. Pledges of prosecuting, &c. and Nichil, &c. by which he could summon, &c. 
C●pias awarded.  Therefore it was commanded to the then Sheriff, That he should take, &c. in three Weeks of St. Michael, &c. Before which said three Weeks of St. Michael( that is to say) such a Day and Year at E. aforesaid, the same T. for his discharge of the aforesaid Writing obligatory of ten pounds, and in part of payment of that Debt was forced and compelled to expend and lay out thirty shillings; and so the said T. saith, That he was damnified by reason of the said Writing Obligatory of ten pounds, and this, &c.  
And the said J. H. saith, 
The Defendant saith, that he in discharge of the Plaintiff paid the money, and caused the Bond to be delivered, and traverseth the expense of thirty shillings.  That he( after the issuing forth of the Original Writ aforesaid, and after the prosecuting of the aforesaid Writ of Capias, and before the return of the same Writ of Capias( that is to say) before the said three Weeks of Saint Michael, and before the aforesaid( such a Day and Year)( that is to say) such a Day and Year) at C. aforesaid, for the indemnifying of the said T. thereof, and for the Discharge of the said T. from the said Writing Obligatory, and from that svit, paid to the said H. and E. the whole and entire Debt of ten pounds, and all the Costs and Charges of the aforesaid H. and E. in and about that Debt expended and laid out; and also then and there did procure the aforesaid Writing Obligatory by the said H. and E. to be delivered and canceled, and that the aforesaid Writing Obligatory of ten pounds, by the procurement of him the said J. H. then and there was delivered to the said T. and then and there afterwards and immediately canceled, without this, That the aforesaid T. for Discharge, &c. and in part, &c. thirty shillings, or any penny thereof expended, or laid out, as, &c.  
And the said T. as before, 
judgement by Default after Issue tendered.  saith, That he for his Discharge, &c. and in part, &c. was compelled and forced to expend and lay out thirty shillings, as he above hath alleged, and this he prayeth may be inquired of by the Country, whereupon the aforesaid J. H. to answer to the Plea of the said Plaintiff last pleaded, solemnly required, came not, but made Default, by which the same T. remaineth against the said J. thereof undefended; therefore it is considered of, That the said Plaintiff, &c. H. 3 Jac. Rot. 701.   

WHereupon, 
Debt upon Retainder for shoeing of Horses.  &c. saith, That whereas the aforesaid Defendant( such a Day and Year) at B. had retained the said Plaintiff set on upon the Horse-feet of the aforesaid Defendant forty new shoes, and to remove forty horseshoes, and to mend one pair of Plow-Irons, and to make one Fire Pan, to take of the said Defendant for setting on of the aforesaid forty Horse shoes one and twenty shillings, and( of the other Parcels contracted for) to be paid to the said Plaintiff when he should be thereunto required; by virtue of which Retainer, the said Plaintiff, the said forty new horseshoes upon the Horse-feet did set on, &c. by which Action accrued, &c. H. 37 Eliz. Rot. 517.   

AND whereupon the same Plaintiff, 
Debt for Felons Goods granted to the Plaintiff by Letters Patents.  by A. B. his Attorney, saith, That whereas the aforesaid Defendant( such a Day and Year) at E. by his certain Writing O●ligatory, acknowledged himself to be bound to one A. H. in the aforesaid twenty pounds, to be paid to the same A. H. when he should be thereunto required, which said twenty pounds the aforesaid Defendant to the said A. H. hath not paid, and the aforesaid twenty pounds being so unpayd, the said A. H.( such a Day and Year) before A. R. then one of the Coroners of the Queen, &c. in the aforesaid County of W. upon view of the Body of the aforesaid E. L. there lying dead upon the Land, by the Oath of honest and lawful men of the same County, it was presented, That the aforesaid A. H. not having God before his eyes, but seduced by a Devilish Instigation, the aforesaid( such a Day and Year) the aforesaid E. L. at W. in the County aforesaid, did kill, against the public Peace, and immediately after that killing, did for the Felony aforesaid withdraw himself, and run away, as by the same Inquisition, before the aforesaid Coroner remaining of Record, more fully appeareth, by reason of which said Felony, and by force of the aforesaid Inquisition, before the aforesaid Coroner in form aforesaid taken, the said A. H. forfeited to the said Queen the aforesaid Writing Obligatory, and the said twenty Pounds in the same Writing contained, and the aforesaid twenty Pounds, so as aforesaid forfeited to the said Queen( such a Day and Year) at W. in the County of M. by their Letters Patents, which the said Plaintiff, under their Seal sealed, here in Court produceth, the Date whereof is at W. aforesaid, the same Day and Year, did give and grant to the said Plaintiff, all and singular the Goods and Chattels, Debts and specialities, of the aforesaid A. H. so to the said Queen forfeited, as by the same Letters Patents more fully appeareth, by which Action accrued to the said Plaintiff, to require and have of the said Defendant the said twenty Pounds, &c. T. 33 Eliz. Rot. 2219.   

J. Thomson to answer J. Newsome fifty one shillings and eight pence, 
Debt upon a recovery in the County Court.  &c. And whereupon, &c. That whereas he at the Court of the County of York, held at the Castle of Y. on M. the twenty ninth Day of N.( in such a Year) before W. W. Knight, then Sheriff of the County aforesaid, by T. his Attorney, did affirm a certain Plaint against the aforesaid Defendant of a Plea of Trespass upon the Case, and then and there found Pledges of prosecuting his Plaint( that is to say) J. D. and R. R. 
The levying of the Plaint before the Sheriff onely.  and prayed process for him thereupon to be made against the said Defendant of the Plea aforesaid, whereupon it was commanded to one W. S. then one of the bailiffs of the said Sheriff and Minister of the Court of the County aforesaid, That he should put by Sureties and safe Pledges the aforesaid Defendant, 
The Precept to the bailiff.  that he might be at the next Court of the County aforesaid at the Castle of York before the aforesaid Sheriff( such a Day) then next following to be held, to answer the aforesaid Plaintiff of the aforesaid Plea, the same Day was given to the aforesaid J. N. there, &c. whereupon the aforesaid Plaintiff put in his place the aforesaid T. against the aforesaid J. T. of the aforesaid Plea, 
Day was given to the Plaintiff.  &c. at which said Court( such a Day) before the aforesaid W. W. then Sheriff of the County aforesaid, at the aforesaid Castle of Y. holden, 
Warrant of Attorney for the Plaintiff.  came as well the aforesaid Plaintiff by his Attorney aforesaid, as the said J. T. by D. B. his Attorney, and the aforesaid bailiff did testify, That the aforesaid J. T. was attached by Pledges, J. D. and R. R. whereupon the aforesaid J. N. then and there declaring against him the said J. T. in the Plaint aforesaid, 
Return of the Precept.  said, That whereas, &c.( declared upon a Promise) and thereof he brought svit, &c. and the aforesaid Defendant by the aforesaid B. his Attorney, 
Declaration in the County Coure.  then and there defended the Force and Injury, when, &c. And prayed licence of imparling thereunto until the next Court of the County aforesaid( that is to say, such a Day) then next following, before the aforesaid Sheriff, at the aforesaid Castle of Y. to be held, to answer the aforesaid J. N. of the Plea aforesaid, &c. And he had it, &c. The same Day was given to the aforesaid J. N. there, &c. And hereupon the aforesaid J. T. put in his place B. against the said Plaintiff of the Plea aforesaid, &c. At which said Court the same( such a Day) before the aforesaid W. W. then Sheriff of the County aforesaid, came as well the aforesaid J. N. as the aforesaid J. T. by their Attorneys aforesaid, 
Further Imparlance.  and hereupon the said J. T. further prayed licence to imparl until the next Court of the County aforesaid( that is to say, such a Day) then next following, before the said Sheriff at the-aforesaid Castle of Y. to be held, to answer the said J. N. of the Plea aforesaid, and he had, &c. The same day was given to the aforesaid J. N. there, &c. At which said Court the same( such a Day) before the said W. W. then Sheriff of the County aforesaid held, came as well the aforesaid J. N. as the aforesaid J. T. by their Attorneys aforesaid: And the same J. T. defended the Force and Injury, when, &c. 
He did not assume.  And pleaded, That he did not assume, &c. And of that he put himself upon the Country, and the said J. N. likewise: Therefore it was commanded to A. B. one of the bailiffs of him the said Sheriff, and Minister of the same Court, 
Precept to summon the Jury.  That he should cause to come before the said Sheriff at the aforesaid Castle of Y. at the next Court( that is to say, such a Day) then next following there to be holden, twelve, &c. by whom, &c. And who neither, &c. to recognise, &c. Because as well, &c. At which said Court the same( such a Day) before the aforesaid W. W. then Sheriff of the County aforesaid there holden, the Jury between the parties aforesaid of the aforesaid Plea, was put thereof between them in Respite at the aforesaid Castle of Y. 
Respited until the next Court.  until the next Court( that is to say, such a Day) then next following, before the aforesaid Sheriff there to be holden: At which said Court, the same( such a Day) before the aforesaid W. then Sheriff of the County aforesaid held, came as well the aforesaid J. N. as the aforesaid J. T. by their Attorneys aforesaid, and the Jurors of that Jury thereof impanelled, exacted, likewise came, who, to say the truth of the Premises, elected, tried, and sworn, did say upon their Oath, that the aforesaid J. T. did assume upon himself, and to the same, J. N. 
Verdict for the Plaintiff.  faithfully promise, that he the same J. T. should pay to the same J. N. the same twenty shillings, when he should be thereunto required, in manner and form as the said J. N. above did complain against him, and they assessed the Damages of him the said J. N. by that occasion besides his costs and charges by him about his svit in that behalf laid out, 
judgement for the Plaintiff.  to twenty shillings, and for those costs and charges, to three shillings and four pence, by which then and there, it was considered by the same Court, that the same J. N. should recover against the said J. T. his Damages aforesaid, to twenty four shillings and four pence, by the Jury aforesaid, in form aforesaid assessed, and also eighteen shillings and four pence to the same J. N. for his costs and charges aforesaid at his request by the said Sheriff of increase adjudged, which said Damages in the whole, do amount to fifty one shillings and four pence, by which Action accrued to the said Plaintiff, to have and receive, &c. H. 19 Eliz. Rot 905. See Trin. 27 Eliz. Rot. 439. Debt upon a Judgement in the Upper Bench; the Defendant pleaded, he owed nothing, by his country: The like, Hill. 26 Eliz. Rot. 825.   

UPon an Action of Debt brought by an Executor, 
Concord pleaded in Bar, before the day of payment, containing the Condition of the Bond.  upon an Obligation made to the Testator, the Defendant prayeth hearing of the Bond, and saith, That the Plaintiff ought not have his Action against him, because he saith, That after the death of the Testator, and before the aforesaid Feast of A. in the endorsement aforesaid above specified( that is to say) such a day and year, at S. it was agreed between him the said W. Plaintiff, and him the said H. Defendant, that he the same H. should pay to the said W. L. thirty shillings, of lawful money of England, in satisfaction of the aforesaid ten pounds in the endorsement aforesaid above specified, as of all other Debts, Trespasses, &c. which the aforesaid W. then might require, or claim against him the said H. as Executor of the Testament and last Will of the said J. S. Whereupon the same J. H. afterwards, and before the aforesaid Feast of A. in the endorsement above specified,( that is to say) such a day and year at S. to the aforesaid W. the aforesaid thirty shillings of lawful money of England, in satisfaction as well of the aforesaid ten pounds in the endorsement aforesaid above specified, as of all other Debts, &c. according to the form and effect of that Agreement, did satisfy and pay: And the said W. then and there did accept and receive the said thirty shillings of him the said H. in full satisfaction, as well, &c. as, &c. And this, &c. judgement if Action, &c.   

AND the said Defendant, 
judgement against the Plaintiff when the Defendant wageth Law.  &c. comes and defendeth the force and injury, when, &c. and saith, that he doth not owe to the said Plaintiff the said twenty pounds, nor any penny thereof in the form in which the said Plaintiff hath above declared against him, and this he is ready to defend against him and his svit, as the Court shall consider of, and prayeth instantly to be admitted to perfect his Law thereof, &c. and he is admitted, &c. and hereupon the aforesaid Defendant hath perfected his Law aforesaid, thereof himself, with twelve men, &c. Therefore it is considered, that the said Plaintiff take nothing by his Writ aforesaid, but be in Mercy for his false clamour, and the said Defendant go thereof quiter, &c.   

THE Plaintiff replieth, and saith, by Protestation,( no such concord) for Plea saith, That the aforesaid H. hath not paid to the said Plaintiff upon the said( such a day and year) the said thirty shillings in satisfaction, as well, &c. as, &c. as the said, &c. And this he prayeth, &c. H. 25 Eliz. Rot. 952.   

J. A. was attached by a Writ of the Keepers, 
Upon an account taken before Auditors.  &c. of privilege issuing here out of Court, to answer W. S. one of the Attorneys, &c. Administrator of the goods and chattels of J. S. who died according to the Liberty, &c. of a Plea of Debt, &c. And whereupon, &c. he saith, that the aforesaid J. A. hath not rendered to the same Plaintiff fifty three shillings, which from him he unjustly detaineth, for that( that is to say) That whereas the aforesaid Defendant,( such a day and year) at, &c. before S. S. and T. M. Auditors, assigned to hear the account of the said Defendant by him the said W. after the death of the said J. S. had accounted of divers sums of money of the aforesaid I. S. to him the said I. S. in his life by the said Defendant due, to render an account thereof to the said I. S. when he should be thereunto required, and upon that account, the said Defendant was found in arrearages towards the same I. S. in fifty three shillings, by which Action accrued to the said Plaintiff, to require and have of the said I. A. the said fifty three shillings, yet the said J. A. although often required, the aforesaid fifty three shillings to the same W. to whom administration, &c. was committed, hath not rendered, but hath hitherto denied to render to him the same, and unjustly detaineth, whereupon he saith, that he is, &c. And thereof he bringeth the svit, &c. And he produceth here in Court the Letters of Administration, &c. by which, &c. to be Administrator of, &c. and to have administration, &c.   

IN Debt upon an Obligation of eight hundred pounds, 
Abatement in the Obligation for that word is inslgnificans.  the Defendant prayeth Oyer of the Writing aforesaid, and to him it is red in these words, &c. which being red and heard, the same Defendant prayeth judgement of the Writ and Declaration aforesaid, because he saith, That the said Plaintiff by his Writ and Declaration aforesaid above supposeth, that the same Defendant oweth to the aforesaid Plaintiff, eight hundred pounds, which to the same Plaintiff he should render; whereas, in truth, no such word in the Writing aforesaid is had, containing and warranting this word in the Writ and Declaration aforesaid specified,( that is to say) eight hundred; but in the same Writing Obligatory, these two words,( that is to say) eight hundred, are written and contained, which said two words have no signification of any certain sum, and so the Writ and Declaration aforesaid are not warranted of, and upon the Writ and Declaration aforesaid by the said Plaintiff here in Court brought, by which the same Defendant prayeth judgement of the Writ and Declaration aforesaid, &c. And because the aforesaid Plaintiff hath not denied the Exception aforesaid, which by the inspection of the Writ, Declaration, and Writing aforesaid to the Court here sufficiently appeareth; therefore it is considered of, that the said Plaintiff take nothing by his Writ aforesaid, but may be in Mercy for his false clamour, &c. And that the said Defendant go thereof without day, &c. It is also considered of, that the aforesaid Defendant recover against the said Plaintiff his damages, by reason of the Premises, to twenty shillings to the same Defendant by the discretion of the Justices here at his request for his costs and charges in that behalf sustained, according to the form of the Statute, &c. by the Court here adjudged, &c. M. 3. and 4 Eliz Rot. 1350.   

KEnt, ss. W. B. late of Cheeving, in the County aforesaid, 
Against the Heirs in gavelkind upon a Bond.  Husbandman, and J. B. late of C. &c. Sons and Heirs of T. B. lately called T. B. of C. in the county of K. Yeoman, were summoned to answer H. H. of a Plea, That they render to him ten pounds, which to him they owe, and unjustly detain, &c. And whereupon the same H. by T. B. his Attorney, saith, That whereas the aforesaid W. and J in his life, the twentieth day of April,( in such a year) at Sevenock, by his certain Writing Obligatory, had acknowledged himself to be bound to the same H. in the aforesaid ten pounds to be paid to the same H. when he should be thereunto required, and to that payment well and truly to be made, the said T. B. had bound himself and his Heirs by the same Writing, and that the aforesaid T. B. in his life, was seized of one messsage, five acres of Land, five acres of Meadow, and five acres of Pasture, with the Appurtenances, in C. in the County aforesaid amongst other Lands and Tenements in the same County, in his Demesne as of Fee, and being so thereof seized, died; after whose death, the Tenements aforesaid, with the Appurtenances, amongst other things, did descend to the said W. and J. as Sons and Heirs of the aforesaid T. B. for that the Tenements aforesaid, with the Appurtenances, are, and at the time of the death of the said T. B. were of the tenor and nature of gavelkind in the County aforesaid, and that all the Lands and Tenements of the same tenor in the County aforesaid, are, and from the time of the contrary whereof the memory of man is not extant, were devisable and partible, and partend and devised amongst the Heirs Males, yet the said T. B. in his life, and the aforesaid W. and J. after the death of him the said T. although often required the aforesaid ten pounds to the said H. have not rendered, but the same to him to render hath denied, and the aforesaid W. and J. the same to him to render doth deny, whereupon he saith, that he is damnified, and hath damage to the value of ten pounds, and thereof be bringeth the svit, &c And he bringeth here into Court, the Writing aforesaid, which testifieth the Debt aforesaid, in form aforesaid, the Date whereof is the day and year above said, &c. Hill. the fourth of Car.    

Dower.  
A. B. Widow, 
Trin. 22 Jac. Regis, Rot. 3286. An Action of Dower brought for gavelkind Land.  who was the Wife of J. B. the elder; by R. G. her Atorney, demands against S. B W. B J. B. E. B D. B. and R. B. the moiety of five messages, four Barns, four Gardens, three Orchards, thirty acres of Land, twenty five acres of Meadow fifty five acres of Pasture, and five acres of Wood, with the Appurtenances in E P. little C. great C. and E. as her Dower of endowment of the said J B. the elder, formerly her Husband, because the Tenements aforesaid, with the Appurtenances, are of the tenor and nature of gavelkind, and according to the custom, time out of mind, in the County aforesaid women who are Dowable of Tenements in gavelkind, after the death of their Husbands, ought to be endowed of the moiety of the same Tenements, &c.  
And the aforesaid S. and W. by J. Knightbridge their Attorney, 
Two of the Tonants come by their Attorney, the rest by their Gua●dians, and confess the Action.  and the aforesaid J. the now Tenant, and J. by the aforesaid J. R. their Guardian; as also the aforesaid D. and R. by M. T. their Guardian, come and say, That they cannot deny the Action aforesaid, of the aforesaid A. nor, but that she ought to have her dowry of the Tenements aforesaid, with the Appurtenances, whereof, &c. of the endowment of the aforesaid J. B. the elder, once her Husband, &c. as she hath above demanded: Therefore it is considered, that the aforesaid A. recover her seisin against the aforesaid S.W.J.B. now Tenant E.D. and R. of the moiety of the Tenements aforesaid, with the Appurtenances; to hold to her in severalty by meats and bounds: And the said S. and W. in Mercy, and nothing of the being in Mercy of them the said J. B. now the Tenant, E. D. and R. because they are within age, &c. And upon this, the aforesaid A. says, That the aforesaid J. B. the elder, 
Averment that the Husband died seized.  once her Husband, &c. died seized of the Tenements aforesaid, with the Appurtenances, whereof, &c. in his Demesne as of Fee, and preys a Writ of our Lord the King, 
Prayer of Seisin, and a Writ of Enquiry.  as well to give her full seizing of the moiety aforesaid, with the Appurtenances, as of enquiring of the damages, &c. and it is granted unto her returnable here in three weeks of Saint Michael, &c.  

AND the aforesaid Defendant by A. B. his Attorney, 
The Tenant pleads the Hu●band was never seized of Estate whereby he might endow.  comes and says, That the aforesaid A. ought not to have her dowry of the messsage aforesaid, with the Appurtenances, whereof, &c. of the endowment of the aforesaid D. once her Husband, &c. because he saith, that the aforesaid D. once her Husband, &c. neither at the day wherein he married the aforesaid A. nor at any time after, was seized of the same messsage, with the Appurtenances, whereof, &c. of such an Estate; so that the aforesaid A. thereof might be endowed: And of this he puts himself upon the country, and the Plaintiff in like manner: Therefore command is given to the Sheriff, that he cause to come here twelve, &c.   

AND the aforesaid R. by W. B. his Guardian, comes, and says, 
Acknowledgement of the Action, by an Infant by Guardian.  That he, from the time of the death of the aforesaid W. once the Husband of the aforesaid A. ever hitherto hath been ready, and as yet is ready to render the aforesaid A. her dowry aforesaid, and the same to her the said A. here in Court rendereth, &c. Therefore it is considered, that the aforesaid A. recover her seizing against the aforesaid R. of the third part of the Tenements aforesaid, with the Appurtenances, to hold to her in severalty by meats and bounds; and nothing of Mercy of the aforesaid R. because he is within age, and came the first day by summons, &c. And upon this the aforesaid A. preys a Writ of our Lord the King, to give her full seizing of the third part aforesaid, with the Appurtenances, to the Sheriff of the County aforesaid to be directed, and it is granted unto her, retunrable here,( such a day, &c.) Hill. 20 Jac. Rot. 2348.   

T. B. and N. his Wife, by A. D. their Attorney, 
Hill. 19 Jac. 〈◇〉 Rot. 664.  demand against R. M. the third part of one messsage, one Garden, and one Orchard, with the Appurtenances, &c. as the dowry of her the said N. by the endowment of R. F. in times past her Husband, &c.  
And the aforesaid R. M. by T. C. his Attorney comes and says, 
A Plea in Bar of Dower, that the Feme was within age at the death of the Husband.  That the aforesaid N. ought not in this behalf to have dowry, because he saith, that at the time of the death of the aforesaid R. in time past, the Husband of her the said N. of whose endowment, &c. she was not of that full age that she could deserve dowry,( that is to say) of nine years and a half: And this he is ready to aver, whereupon he preys judgement, whether the aforesaid N. ought to have her dowry of the Tenements aforesaid, &c.  
And the aforesaid T. and N. say, 
Issue of full age.  That she the aforesaid N. was at the time of the death of him the said R. in time past, her Husband, of whose endowment, &c. of such age, as that she might deserve dowry,( that is to say) of nine years and a half, and above, and this they pray may be enquired of by the country, and the said R. M. in like manner, Therefore command is given to the Sheriff, that he cause to come, twelve, &c.   

AND the Defendant, 
The Tenant pleads Non-Tenu●e.  by J. B. his Attorney, comes, and says, That he cannot render the aforesaid A. her dowry of the Mannor aforesaid, with the Appurtenances, because that he is not thereof Tenant, as of the Free-hold; nor was the day of the issuing forth of the original Writ of her the said A. nor at any time after; and this he is ready to aver: whereupon he demands judgement of the Writ aforesaid, &c.  
And the aforesaid A. saith, 
Issue upon the Non-Tenure.  That her Writ aforesaid, for the reason before alleged, ought not to be quashed, because she saith, That the day of the issuing forth of the said original Writ of her the said A.( such a day and year) the aforesaid Defendant was Tenant of the Mannor aforesaid, with the Appurtenances, as of his Free-hold, as by the same Writ is supposed, and this he preys may be enquired of by the country, and the aforesaid Defandant in like manner; therefore command is given to the Sheriff, that he cause to come twelve, &c.   

P. S. Widow, 
Demand in Dower of Mannor, Tenements, Warren, and Advowson. Trin. 7 Rot. 604.  which was the Wife of T. S. Esquire, by J. M. her Attorney, demands against E. S. Knight, the third part of the Mannor and Park of W. with the Appurtenances, and of eighteen messages, &c. and of the free Warren, with the Appurtenances of W. L. H. as also the third part of the Advowson of the Church of W. her Dowerie, of the endowment of the aforesaid T. S. in times past her Husband, &c.  
And the said E. 
The Defendant by his Attorney pleads Non inform.  by T. S. his Attorney, comes, and the same Attorney says, That he is not informed by the said E. his Client, of any answer for the aforesaid E. to the aforesaid P. S. in the Plaint aforesaid to be given, and saith nothing else thereupon, by which the same P. S. remaineth against the aforesaid E. thereupon undefended: Therefore it is considered, that the aforesaid P. recover her seizing against the aforesaid E. of the third part of the Mannor, Park, Tenements, Free-Warren, and Advowson aforesaid, with the Appurtenances: and the aforesaid E. in Mercy, &c. And upon this the aforesaid P. preys the Writ of our Lord the King, to the Sheriff of the County aforesaid to be directed, to cause her to have full seizing of the third part aforesaid, with the Appurtenances, and it is granted her returnable here in eight days of Saint Michael, &c. And also the same P. says, That the aforesaid T. in times past, her Husband, &c. died seized of the Mannor, Park, Tenements, and Free-Warren aforesaid, with the Appurtenances, in his Demesne as of Fee, and of the Advowson aforesaid, as of his Right, and preys the Writ of our Lord the King, to the Sheriff of the county aforesaid to be directed to inquire of damages, &c. and it is granted to her, returnable here at the aforesaid Term, &c.   

AND the aforesaid J. and J. by T. L. their Attorney, come, 
Elopement pleaded in Bar of dowry.  and say, That the aforesaid R. and A. ought not to have against them the dowry aforesaid of the manors and Tenements aforesaid, with the Appurtenances, of the endowment of the aforesaid E. in times past her Husband, &c. because they say, that the aforesaid A. in the life-time of the said E. in times past her Husband, &c. of her own accord at B. in the County of M. left him the said E. in times past her Husband, and went from him with one M. R. unto the Parish of Saint D. in the County of M. and after, there with the same M. did led her continued life in Adultery, the whole life of him the said E. in times past her Husband, &c. without that, that the aforesaid A. to the said E. her Husband, in the life-time of the said E. in times past her Husband, &c. was reconciled; and this they are ready to aver, whereupon they pray judgement, whether the aforesaid R. and A. in this behalf ought to have her dowry of the Mannor and Tenements aforesaid, with the Appurtenance of the endowment of the aforesaid E. in time past her Husband, &c.  
And the aforesaid R. and A. say, That they by any thing before alleged, ought not to be debarred from having the dowry of the aforesaid A. of the Mannor and Tenements aforesaid, against them the aforesaid J. and J. because they say, That after the departure aforesaid, by the aforesaid J. and J. above supposed to be done, the aforesaid E. in his life-time, her the said A. of his own accord, and without ecclesiastical compelling, at L. did reconcile; and suffer her to live with him, and this they are ready to aver, whereupon they pray Judgement, and the dowry of her the said A. of the Mannor and Tenements aforesaid, with the Appurtenances, together with their damages, by reason of the detaining of the dowry aforesaid, to be adjudged unto them, &c.  
And the aforesaid J. and J. say, That the aforesaid E. in his life-time, to the aforesaid A. did not reconcile in manner and form as the aforesaid R. and A. above have alleged: and of this they put themselves upon the country, and the aforesaid R. and A. in like manner: Therefore command is given to the Sheriff, that he cause to come here( such a Return) twelve, &c.   

M. S. Widow, 
A claim in Dowry, Trin. 8 Eliz. Rot. 139.  which was the Wife of J. T. by J. C. her Attorney, demands against J. L. the third part of the Mannor of F. with the Appurtenances, and of six messages, six Gardens, three hundred acres of Land, &c. with the Appurtenances, in L and A. as her dowry of the endowment of the aforesaid J. T. sometimes her Husband, &c.  
And the aforesaid J. L. by G. H. his Attorney, 
An annuity pleaded in Bar of the Dowry.  comes, and says, That the aforesaid M. ought not to have her Dower of the Mannor, Tenements, and Rent aforesaid, with the Appurtenances, whereof, &c. Because he saith, That after the death of the aforesaid J. T. in times past her Husband, &c. and before the day of the issuing forth of the original Writ of the aforesaid M. to wit,( such a day, year, and place) one F. T. whilst she was sole, and then being the daughter and sole Heir of the aforesaid J. T. in like manner, being sole seized in her Demesne, as of Fee, of the Lands and Tenements of him the said J. did give and grant unto the aforesaid M. a certain annual Rent of twenty marks, issuing out of the Tenements aforesaid, with the Appurtenances, whereof, &c. and of other Lands and Tenements, lately the same J. T. and then of the Inheritance of her the said F. to have and receive to her the said M. and her Assigns, for term of her life, at the four Terms of the year, that is to say; At the Feast of the Annunciation of the blessed Virgin Mary, &c. by equal portions, yearly to be paid, in recompense of the whole dowry of her the said M. of the Mannor and Tenements aforesaid, and of, and in the aforesaid other late Lands and Tenements of the aforesaid J. T. which said annual Rent, in form aforesaid yearly of those Lands and Tenements to be received to her the said M. by the aforesaid F. granted the same M. in satisfaction and recompense of her dowry aforesaid, of the aforesaid F. at L. aforesaid received and had, and the same annual Rent for divers years now elapsed, at L. aforesaid, received and had, according to the grant and agreement aforesaid, and of the Rent aforesaid, the said M. is now seized in her Demesne, as of Free-hold; and this he is ready to aver, whereupon he preys Judgement, whether the aforesaid M. ought to have against him other dowry, of the Mannor, Tenements, and Rent aforesaid, with the Appurtenances, whereof, &c.  
And the aforesaid M. says, That she, 
The Plaintiff replies, that the Defendant did not give and grant, &c.  by any thing before alleged from having her Dowry aforesaid, ought not to be debarred, because by Protestation she saith, That the aforesaid F.( the aforesaid Day and Year, as in the Plea) was not Sole seized of and in the Tenements aforesaid, with the Appurtenances, whereof, &c. in her Demesn as of Fee: by Protestation also she saith, That she the said M. was not seized of the annual Rent aforesaid in her Demesn as of Freehold. For Plea the same M. says, That the aforesaid F. did not give and grant unto her the said M. the aforesaid annual Rent of twenty Marks, issuing out of the Tenements aforesaid, with the Appurtenances, as the aforesaid J. L. hath above alleged: And this he preys may be inquired of by the County, and the aforesaid J. L. in like manner: Therefore Command is given to the Sheriff, That he cause to come here twelve, &c.   

AND the aforesaid R. L. by R. S. his Attorney, comes and says, 
judgement prayed upon the Writ, because the Wife ma●ried after the last continuance Trin. 3 Eliz. Rot. 872.  That the aforesaid A. after the last Continuance of the Plea aforesaid, that is to say, after fifteen Days of Easter last past, from which Day the Plaint aforesaid was last continued unto this Day, to wit, the morrow after the holy Trinity, that is to say, the thirtieth Day of May last past at W. in the County of Suff. took to Husband one T. B. and this he is ready to aver, whereupon he preys judgement of the Writ, &c.  
AND the aforesaid A. says, That her Writ aforesaid, by the reason before alleged, ought not to be quashed, because she saith, That she did not take to Husband the aforesaid T. B. as the aforesaid H. hath above alleged, and this he preys may be inquired of by the Country, and the aforesaid H. in like manner: Therefore Command is given to the Sheriff, That he cause to come here twelve, &c.   

J. C. Widow, who was the Wife of W. C. by W. W. her Attorney, 
Demand in Dower, Hill. 9 Eliz. Rot 434.  demands against J. clerk the third part of three messages, thirty four Acres of Meadow, and two Acres of Wood, with the Appurtenances, in Finchley, as the Dowry of her the said Jane, of the endowment of the aforesaid W. B. in time past her Husband, &c.  
And the aforesaid J. by C. Bernard his Attorney, comes, 
A Counter Plea● of the vourcher in Dower.  and calls thereupon to Warranty R. G. Gentleman, summoned in the County aforesaid by the aids of the Court, &c.  
And the aforesaid Jane says, That neither the aforesaid Robert, whom, &c. nor any of his Ancestors, had any thing in the Tenements aforesaid, with the Appurtenances, whereof, &c. in his Demesn, Reversion, or in Service, from the time of the Death of the aforesaid W. C. in time past her Husband, &c. unto the Day of the issuing forth of the Original Writ of her the said J. to wit( such a Day and Year) so that he could thereof enfeoff the aforesaid John, or any of his Ancestors, and this he preys may be inquired of by the Country, and the aforesaid John in like manner: Therefore Command is given to the Sheriff, That he cause to come here twelve, &c.    

Assignment of Dower pleaded.  
AND the aforesaid A. saith, 
Assignment of● D●wer pleaded in Bar of Dower,  That the said J. her said Action ought not to have, because he saith, That he after the Death of the said C. at B. did assign to the said J. ten Acres of Land, with the Appurtenances of the aforesaid thirty Acres, to hold to the said J. for term of her life, in name of the Dower of her the said J. to her pertaining, out of the aforesaid thirty Acres of Land, to which said Assignment the said J. did agree: And this, &c. Whereupon he prayeth judgement, if Action, &c. And the aforesaid J. saith, That she ought not to be procluded, &c. because she saith, That the said A. hath not assigned to her the said J. the aforesaid ten Acres of Land in the name of the Dower of her the said J. to her pertaining out of the aforesaid thirty Acres of Land, as the aforesaid A. hath above alleged, and this she prayeth, &c. Therefore twelve, &c.  

ELsewhere, 
vourcher in Dower, and judgement against the Tenant for default of the Vouchee.  as it appeareth in the Term of E. last past, Rol. 922. it is thus contained, War●ss. M. W. Widow, who was Wife of J. W. by W. D. her Attorney, demands against W. W. the third part of five messages, &c. with the Appurtenances, in C. as her Dower, out of the endowment of the said J. once her Husband, &c.  
And the said W. W. by C. R. his Attorney, cometh and calleth to Warranty thereof J. P. and L. his Wife, and M. W. Daughters and Heirs of the said J. W. late Husband, &c. let him have them here in fifteen Days of the holy Trinity, 
Summons against the Vouchee.  and let him be summoned in the County aforesaid by the aid of the Court, &c. The same day is given to the parties aforesaid here, &c. At which Day here came as well the aforesaid M. as the said W. by their Attorneys aforesaid, and the said J. P. and L. his Wife, 
essoin.  summoned, &c. made their essoin of the ill coming against the said M. of the said Plea, and thereupon they have day by their essoin here until three Weeks of Saint Michael, then next following, at which day here came as well the said M. as the said W. by their Attorneys aforesaid, 
scape ad v●● lentiam.  and the said J. P. and L. and M. solemnly required, came not, &c. Therefore let there be taken into the hands of the Keepers, &c. of the Land of the said L. and M. to the value, &c. And the Day, &c. And the said J. and let the said L. and M. be summoned, that they be here in eight days of Saint Martin, &c. The same Day is given as well to the aforesaid M. as the said W. &c. At which Day here come as well the aforesaid M. as the aforesaid W. by their Attorneys aforesaid: And the Sheriff did not sand the Writ; therefore, as before, 
Alias summons.  another Writ thereof in form aforesaid was made to him returnable here in the morrow, &c. The same Day is given as well to the said M. as the said W. here, &c. And now here at this day( that is to say) at the same morrow, &c. came as well the aforesaid M. as the said W. by their Attorneys aforesaid, and the Sheriff( that is to say) R. W. Knight, now returned, That the said L. and M. had no Lands or Chattels in his bailiwick, 
Nichil returned  which he could take into the hands of the said Keepers, &c. To the value of the third part of the Lands, Tenements and Rent aforesaid: And that the said J. L. and M. had nothing in his bailiwick, by which they could be summoned, whereupon the aforesaid M. prayeth her seizing of the third part aforesaid, with the Appurtenances, against the said W. to be adjudged unto her, &c. Therefore it is considered, That the said M. recover her seizing against the said W. of the third part aforesaid, 
judgement for seisin.  with the Appurtenances: And the same W. into Mercy, &c. And hereupon the aforesaid W. prayeth a Writ of the said Keepers, &c. of causing her to have full seizing of the third part aforesaid, with the Appurtenances, to be directed to the Sheriff of the County aforesaid, and it is granted to her returnable in three Weeks of the holy Trinity, &c.   

AND the aforesaid W. by, &c. 
The Tenant voucheth to Warranty.  And heretofore he did vouch thereof to Warranty F. to be summoned in the County of G. &c. Who now by summons to him made in the same County of G. by his Attorney, came, and demandeth to be shewed to him, for what he ought to warrant him, &c. And the said W. saith, That the aforesaid Mannor, with the Appurtenances, whereof, &c. being in the seizing of the said W. his Father, whose Heir he is, 
Texant pleadeth release with Warranty, and the vourcher acknowledgeth the De●d of his Father, and pleadeth nothing by descent.  one F. Father of the said F. whose Heir he is, by his Writing, did Remise, Grant, and always for him and his Heirs for ever quit claim the said W. the Father, &c. and his Heirs for ever, the whole Right or Claim which he had under the name of Reversion, or by any other ways might have in the Mannor aforesaid, whereof, &c.( as in others) and bound himself and his Heirs to Warranty, &c. and produceth here in Court the aforesaid Writing, which testifieth the premises, &c. and demandeth that he may warrant him: And the said F. doth well acknowledge, That the aforesaid Writing is the dead of the said F. his Father, &c. and as Heir of the said F. by blood, having nothing by Hereditary Discent in Fee-simple of the said F. the Father, &c. doth warrant to him, and rendereth the said A. her Dower, &c. Therefore it is considered, That the aforesaid A. recover her seizing of the aforesaid third part, with the Appurtenances, against the said W. the Son of W. &c. And that the same W. have of the Land of the aforesaid F. to the value, &c. And the same F. in Mercy, &c.  
And as to this, That the aforesaid F. above to the said W. the said third part, as Heir of the said F. his Father, having nothing by blood, by Hereditary Descent in Fee simplo, of the aforesaid F. the Father, to warrant, &c. The same W. saith, That the said F. hath Lands and Tenements at W. in the said County of B. and at W. in the County of S. and at W. in the said County of C. sufficient, which descended from his said Father by Hereditary Descent in Fee-simple, whereof he may render to the said W. the value of the aforesaid third part, with the Appurtenances: Therefore it is commanded the Sheriff of the said County of B. That, &c. he cause to be extended and apprized the said third part, with the Appurtenances, and also diligently inquire what Lands and Tenements did descend by Hereditary Descent in fee-simple, to the said F. from his Father: And also it is commanded to both the Sheriffs of D. and S. That they also diligently inquire, what Lands and Tenements did descend to the said F. from the said F. his Father: And every one of the said Sheriffs, those things which they shall find particularly, they cause to be extended and apprized, and the Extent and Apprizement which, &c. every one of the aforesaid Sheriffs cause to be made known here in three Weeks of E. under Seal, &c. And the Seals, &c.   

S. Came, 
Ready to endow the Plaintiff, if he will deliver a Box with Deads, &c. concerning the Aestate.  &c. and saith, That the aforesaid E. her Action against him ought not to have, because he saith, That the said R. at the time of his Death, was seized of the Tenements aforesaid, with the Appurtenances, whereof, &c. and possessed of a certain Box sealed, with divers Deeds, Writings, and other Minuments, touching and concerning the Tenements aforesaid, with the Appurtenances, in the same Box contained: And the same R. being so seized of the same Tenements, with the Appurtenances, and possessed of the Box aforesaid, with Writings, &c. dyed thereof seized and possessed, after whose Death, the Tenements aforesaid, with the Appurtenances, for that, that the said R. dyed without Heir of his Body issuing, did descend to the same J. as Brother and Heir of him the said R. And the Box aforesaid, with the Writings, &c. afterwards( that is to say) at D. aforesaid, came to the hands and possession of the said E. and the same J. then and there required of her the said E. the Box aforesaid, with the Writings, &c. to be delivered to him: And the same E. although often required, hath wholly refused to deliver that Box, with the Writings, &c. to him, and yet doth refuse, and unjustly detaineth the same from him: And the same J. further saith. That he is, and was always ready to endow her the said E. of the same Tenements, with the Appurtenances, and to render the third part of those Tenements to the said E. as her Dower, if the same E. will deliver the Box aforesaid, with the Deeds, &c. to him the said J. And this he is ready, &c. judgement if, &c.  
And the aforesaid E. saith, That she, by any thing before alleged, 
The Plaintiff saith, that she doth not detain a Box with Deeds.  from her Action aforesaid ought not to be barred, because she saith, That she doth not detain from the said J. the Box aforesaid, with the Deeds, &c. in the form in which the said J. hath above alleged: and this she prayeth, &c. Trin. 4 and 5 Elizab. Rot. 1688. See Dyer, 239.    

Detinue.  
J. W. late of G. in the County aforesaid, Yeoman, 
An Action of Detinue for certain Goods.  was summoned to answer A. H. of a Plea, That he render him Chattels to the value of five pounds, which he unjustly detains from him, &c. And whereupon the said A. by H L. his Attorney, says, That he( such a Day, Year, and Place) delivered to the aforesaid J. Chattels, that is to say, two pieces of Gold, one Gold Ring with a Ruby, and one other Gold Ring, one Hat, and one handkerchief, to the value, &c. to be safe kept, and to him the said Alexander, when he should be thereunto required, to be redelivered; yet the aforesaid J. although often required, the Chattels aforesaid to him the said A. he hath not as yet redelivered, but the same to him hitherto to redeliver hath denied, and as yet doth deny, and unjustly detain, whereupon he saith, That he is damnified, and hath Damage to the value of five pounds; and thereupon he brings svit, &c.  

AND the aforesaid J. by R. P. his Attorney, 
acknowledgement of the Action for part.  comes and defends the Force and Injury, when, &c. And as to the Hat and handkerchief aforesaid, of the Chattels aforesaid, the said J. saith, That he cannot deny the aforesaid Action of the aforesaid A. thereof, nor but that he deraineth from the said A. the same Hat and handkerchief, in the form wherein the said A. hath above against him declared: Therefore it is considered, That the aforesaid A. recover against the said J. the said Hat and handkerchief, or the value of them, and the aforesaid J. thereof in Mercy: 
Mercy.  And as to the residue of the aforesaid Chattels, the aforesaid J. saith, 
Non detinet for the residue.  That he detaineth not from the aforesaid A. the residue of the aforesaid Chattels, nor any parcel thereof, in form wherein the same A. above against him declareth: And of this he puts himself upon the Country, and the aforesaid A. in like manner: Therefore Command is given to the Sheriff, That he cause to come here after Saint Martins Day, fifteen days, twelve, &c. By whom, &c. and who neither, &c. To recognise, 
One Taxing of Damages.  &c. Because as well, &c. And because it is convenient that there be but one Tax of Damages for one entire Detainer of the Chattels aforesaid, if it should happen that the issue aforesaid between the parties aforesaid above joined, to be tried for the said Alexander, and judgement thereupon to be rendered for him: Therefore the same Taxing of Costs is to cease, until the issue aforesaid, between the parties aforesaid above joined, shall be determined, &c. at which day here came the parties, &c. and the Sheriff sent not the Writ, &c. Therefore, as foremrly, Command is given to the Sheriff, That he cause to come here in eight Days after Saint hilary, twelve, &c. to recognise in form aforesaid, 
Venire awarded,  &c. at which time came the parties, &c. and the Sheriff sent not the Writ, &c. Therefore, as further, Command is given to the Sheriff, 
and continued.  That he cause to come here after Easter fifteen Days, twelve, &c. to recognise in form aforesaid, &c.   

AT which Day the Jury between the parties aforesaid, 
judgement in a ●etinue for Corn.  upon the aforesaid Plea, was respited from thence between them here until this Day, to wit, &c. then next following, unless the Justices of our Lord the King, assigned to take Assizes in the County aforesaid, by the form of the Statute, &c.( such a Day next to come) at H. in the County aforesaid, had first come. And now here at this Day came the aforesaid J. P. by his Attorney aforesaid, and the aforesaid Justices of the Assizes, before whom, &c. have sent here their Record in these words, Afterwards, &c. Therefore it is considered, That the aforesaid J. P. recover against the said R. his Corn aforesaid, or the aforesaid four pounds for the value of it, and his Damages aforesaid unto twenty shillings, by the Jury aforesaid in form aforesaid assessed, as also six shillings and eight pence to him the said J. P. for his Costs and Charges aforesaid, at his request by the Court here by way of Increase adjudged; which said Damages in the whole amount unto twenty six shillings and eight pence; and the aforesaid R. in Mercy, &c.   

J G. was summoned to answer J. P. of a Plea, 
An Action of Detinue of a Chest with writings. Mich. 8 & 9 Eliz. 1758.  That he render him a certain Chest locked, with certain Charters, Writings, and other Minuments contained in the said Chest, which he detains from him unjustly; and thereupon the same Plaintiff, by C. his Attorney says, That whereas he was lately possessed of the aforesaid Chest locked, with Charters, Writings, and other Minuments in the said Chest contained as of his proper Goods, and the aforesaid Plaintiff of the aforesaid Chest locked, with, &c. contained, so being possessed( such a Day and Year) at C. aforesaid, did deliver the said Chest locked, with Charters, &c. to the aforesaid Defendant to be safe kept, and to be redelivered to him the said Plaintiff, when he should be thereunto required; yet the aforesaid Defendant, although often required, the aforesaid Chest locked, with Charters, &c. in it contained, to him the said Plaintiff hath not as yet redelivered, but the same to him hitherto to redeliver hath denied, and as yet doth deny, and unjustly detain; whereupon he saith, That he is damnified, and hath Damage to the value of one hundred pounds, and thereupon he brings svit, &c.  
And the aforesaid Defendant, by J. L. his Attorney, 
The Defendant pleads the delivery to him and another upon a Condition.  comes and defends the force and injury, when, &c. and saith, That the aforesaid Plaintiff ought not to have his Action aforesaid against him, because he saith, That the aforesaid Chest, the Day and Year aforesaid, at C. aforesaid, was delivered to him the said Defendant by the aforesaid Plaintiff, and one S. to be safely kept, under the condition following, that is to say, That the Charters, Writings, and Minuments in the said Chest contained, might be preached by the aforesaid T. and S. and their learned council, and that the Charters, Writings, and Minuments, that should be found to concern the Lands and Tenements of the aforesaid Plaintiff, should be then delivered to him the said Plaintiff, and in like manner, that the Charters, Writings, and Minuments therein touching the Lands and Tenements of the aforesaid S. should be delivered to him the said S. But whether that Condition between them the said Plaintiffs, and S. be fulfilled or no, the said Defendant says, That he is ignorant, and preys, that the said S. may be thereupon warned, &c.  
And the aforesaid Plaintiff says, That he, 
The Plaintiff maintains his Declaration, & traverseth the Condition.  by any thing before alleged, ought not to be debarred from having his Action aforesaid, because, as formerly, he says, That he, the Day and Year aforesaid, at C. aforesaid, did deliver the aforesaid Chest, and, &c.( as above in the Declaration) without that, That the aforesaid Chest, with Charters, &c.( as above in the Plea) was delivered to the aforesaid Defendant, and the aforesaid S. by him the said Plaintiff, to be safe kept, under the Condition, That the Charters, &c. might be preached by the aforesaid T. and S.( as in the Plea above) as the aforesaid Defendant hath above alleged: And this he is ready to aver, whereupon he preys judgement, and the delivery of the Chest aforesaid, with the Charters, &c. and his Damages by reason of the Detainer of the same Chest, with Charters, &c. to be adjudged unto him, &c.  
And the aforesaid Defendant, as formerly, says, 
Issue upon the Traverse.  That the aforesaid Chest, with Charters, &c.( and so maintain the Plea) as he above hath alleged, and of this he puts himself upon the Country, and the aforesaid Plaintiff in like manner, therefore Command is given to the Sheriff, That he cause to come here twelve, &c.   

AT which Day the Jurors between, 
judgement in Detinue for Grain.  of the Plea aforesaid, was put thereof between them into respite here until this Day, that is to say, from the Day of Saint Michael, in three Weeks then next following, unless the Justices assigned to take the Assizes in the County aforesaid by the form of the Statute, &c. at H. in the County aforesaid, first shall come. And now here at this Day came the aforesaid J. P. by his Attorney aforesaid, and the said Justices at the Assizes, before whom, &c. sent here their Record in these words, Afterwards, &c. Therefore it is considered, That the said J. P. recover against the said R. the Corn and Rye aforesaid, or the aforesaid thousand pounds for value of the same, and his Damages aforesaid to twenty shillings by the Jurors aforesaid in form aforesaid assessed, and also six shillings and eight pence to the same J. P. for his Costs and Charges aforesaid at his request, by the Court here of Increase adjudged, which said Damages in the whole do amount to six and twenty shillings and eight pence, and the said R. into Mercy, P. 7 H. 8. Rot. 306.    

Ejectment.  
Suff. ss. R. G. late of H. in the County aforesaid, 
A Declaration in Ejectment sur demise. Hill. 20 Jac. Rot. 744.  Yeoman, was attached to answer R. P. of a Plea, Wherefore by force and Arms, who messages, one Garden, eight Acres of Land, two Acres of Meadow, and three Acres of Pasture, with the Appurtenances in H. which R. C. to the aforesaid R. P. did demise for a Term which is not yet past, he did enter, and him from his Farm aforesaid did eject, and other harms to him he did, to the great Damage of him the said R. P. and against the public Peace, &c. And whereupon the said R. P. by J. H. his Attorney complains, That whereas the aforesaid R. C.( such a Day, Year and Place) did demise to him the said R. P. the Tenements aforesaid, with the Appurtenances, to have and to occupy to him and his Assigns, from( such a Day then last past) unto the end and term of one whole year from thence next following, and fully to be complete and ended: By virtue of which Demise, the aforesaid R. P. into the Tenements aforesaid, with the Appurtenances, did enter, and was thereof possessed; and he the said R. P. so being thereof possessed, the aforesaid R. G. afterwards, to wit( such a Day and Year) aforesaid, by Force and Arms, &c. the Tenements aforesaid, with the Appurtenances, which the aforesaid R. C. to him the said R. P. in form aforesaid demised for the term aforesaid, which is not yet past, did enter, and him from his Farm aforesaid did eject, and other harms, &c. and to the great Damage, &c. and against the Peace, & ●. Whereupon he saith, that he is damnified, and hath damage to the value of twenty pounds: and thereupon he brings his Action, &c.  
And the aforesaid R. by R. L. his Attorney, 
The Defendant, as to part, pled not guilty,  comes and defends the force and injury, when, &c. And as to the whole trespass and Ejectment aforesaid, above supposed to be done, besides the trespass and Ejectment in three acres of Land, of the Tenements aforesaid, with the Appurtenances, he the said R. says, That he is in no wise thereof guilty, as the aforesaid R. P. above against him complaineth; and of this he puts himself upon the country, and the aforesaid R. P. thereof in like manner; and as to the trespass and Ejectment aforesaid in the aforesaid three acres of Land, of the Tenements aforesaid, with the Appurtenances, above supposed to be made, 
Not informed to the residue,  the said Attorney of the aforesaid R. says, That he is not informed by the aforesaid R. his Client of any answer for him the said R. to the said R. P. in the Plaint aforesaid therein to be given, and saith nothing else thereunto, by reason whereof, he the said R. P. remaineth against him the said R. G. thereupon undefended, for which the said R. P. his aforesaid term of, and in the aforesaid three acres of Land, with the Appurtenances, and his damages, by reason of the trespass and Ejectment aforesaid in the same three acres of Land, ought not to recover; but because it is convenient and necessary, that there be made one only taxing of damages for the whole trespass and Ejectment aforesaid, if it shall happen, that upon the determining of the issue aforesaid, judgement shall be rendered for the aforesaid R. P. therefore the Writ for giving of possession in that behalf is to cease, and of enquiring of damages by reason of the trespass and Ejectment aforesaid in the same three acres of Land, with the Appurtenances, for that, damages by reason of that trespass and Ejectment by the Jury upon the trial of the issue aforesaid above joined, ought to be assessed; and as to the trying of that issue, command is given to the Sheriff, that he cause to come here in eight days, after the Purification of the blessed Virgin Mary, twelve, &c. By whom, &c. and who neither, &c. to recognise, &c. Because, as well, &c.  

A. W. lately of S. in the County of S. leather seller, 
A D●ciaration in Ejectment upon Indenture, Trin, 4 Eliz. Rot, 949,  was attached to answer Christopher Vavasour, Gentleman, wherefore by force of Arms, one messsage, one Garden, one Orchard, one hundred acres of Land, &c. in S. which the same C. holdeth for a term which is not yet past, of the Demesne of A. T. Administrator, of the goods and chattels which were of A. C. the elder, who died intestate, &c. Which said A C. the same held for the same term of the Demesne of R. H.( to whom the said R. H.) T. the late Abbot of the late Monastery of Saint Saviours of Bermondsay, now dissolved, demised the same for that same term, did enter, and him the said C. from his Farm aforesaid did eject, and other harms, &c. to the great damage, &c. and against the peace, &c. And whereupon the same C. by T. Y. his Attorney, complains, That whereas the aforesaid Abbot was seized of the Tenements aforesaid, with the Appurtenances, in his Demesne, as of Fee, in right of his late monastery aforesaid; and so being thereof seized, he the said late Abbot, with the consent of the Covent of the said late monastery,( such a day, 
Lease by an abet.  year, and place) by his certain dead indented, between him the said late Abbot, of the late monastery aforesaid, and the then Covent of the same late monastery on the one part, and the aforesaid R. H. on the other part made; which other part, with the common Seal of them the said Abbot and Covent signed, he the said C. here in Court produces, whose date is the same day and year, did demise, grant, and to Farm let unto the aforesaid R. H. the Tenements aforesaid, with the Appurtenances, by the name of that their whole Tenement or grange, lying and being near the aforesaid monastery, with all Lands, Meadows, and Pastures to the same Tenement or grange belonging, to have or to hold to the aforesaid R. H. his Executors and Assigns, from the Feast of the Annunciation, &c. then last past, to the end of the term of sixty years from thence next following, to be fully complete: By virtue of which said Demise, he the said R. H. into the Tenements aforesaid, with the Appurtenances, did enter, and was thereof possessed: And so being thereof possessed, 
Assignment of ●terns.  he the said R. H. afterwards, to wit,( such a day, year, and place) granted all his Estate, Interest, and term of years which he then had to come, of, and in the Tenements aforesaid, with the Appurtenances to the said A. C. By virtue of which said Grant, he the said A. C. in the same Tenements, with the Appurtenances, did enter, and was thereof possessed: and so being thereof possessed, he the said A. C. after, and before the day of the issuing forth of the original Writ of him the said C. at B. aforesaid, 
Assignee death in●●●tate.  died intestate, after whose death, the Administration of all the goods and chattels which were the aforesaid A. C. at the time of his death, by Matthew, Arch-Bishop of Canterbury, Primate and Metropolitan of all England, at L.( such a day and year) to the aforesaid A. T. were committed, by which he the said A. T. after and before the day of the issuing forth of the original Writ aforesaid, into the Tenements aforesaid, did enter, and was thereof possessed; and so being thereof possessed, he the said A. T. after and before the day of the issuing forth of the original Writ aforesaid, to wit,( such a day, year, and place) did grant all his State, Interest, and term of years, which he had then to come, of, 
Administrater 〈◇〉.  and in the Tenements aforesaid, with the Appurtenances, to him the said C. R. By virtue of which said Grant, he the said C. after and before the day of the issuing forth of the original Writ aforesaid, into the Tenements aforesaid, with the Appurtenances, did enter, and was thereof possessed, until the aforesaid A. afterwards, to wit,( such a day and year aforesaid) by force and arms into the Tenements aforesaid, with the Appurtenances, which he the said C. in form aforesaid held for the term aforesaid, which is not yet past, did enter, and him the said C. from his Farm aforesaid did eject, and other harms, &c. to the great damage, &c. and against the Peace, &c. Whereupon he saith, That he is damnified, and hath damage to the value of two hundred pounds, and thereupon he brings his Action, &c.  
And the aforesaid A. by R. F. his Attorney, 
The Des●ndant pleads he did not ●j●ct.  comes and defendeth the force and injury, when, &c. and says, That he did not eject the aforesaid C. of the Tenements aforesaid, with the Appurtenances within the term aforesaid, as the same C. above against him complains: And of this he puts himself upon the country, and the aforesaid C. in like manner: Therefore command is given to the Sheriff, that he cause to come, twelve, &c.   

HEnry O. late of, &c. and S. V. late of, &c. in Mercy, 
Declaration in Ejectment and for goods carried away.  for many defaults, &c. they the said H. and S. were attached, to answer P. M. and A. M. Executors of the Testament of J. M. of a Plea, wherefore they by force and arms, one hundred acres of Meadow, and five hundred acres of Pasture, with the Appurtenances, in W.( which J. O. did demise to J. E. for a term which is not yet past, which said J. E. did demise the same to J. E. to the same term, which said J. P. did demise to the said J. M. at the same term) entred, and them the said P. and A. from their Farm aforesaid, did eject, in retarding of the Execution of the Testament aforesaid, and the goods and chattels of the said P. and A. to the value of forty pounds, in the same Tenements found, did take and carry away, and other enormities, &c. To the grievous damage, &c. And against the public peace, &c. And whereupon the same P. and A. by J. B. their Attorney, complain, that whereas the aforesaid J. O.( such a day and year) at W. aforesaid, by his certain Writing indented between him the said J. O. by the name, &c. of the one part, and the aforesaid J. E. by the name, &c. of the other part made, which other part signed with the Seal of him the said J. O. they the said P. and A. produced here in Court, the date whereof is the same day and year, he had demised to the said J. E. the Tenements aforesaid, with the Appurtences amongst other things, by the name, &c. to have and to hold the Mannor aforesaid, and other the Premises, with their Appurtenances, to the aforesaid J. E. his Executors or Assigns, from the Feast, &c. then next past, until the end and term of twenty one years, from thence next following, and fully to be complete; by virtue of which Demise, the said J. E. was of the aforesaid hundred acres of Meadow, and five hundred acres of Pasture, with the Appurtenances, amongst other things possessed, and being thereof so possessed, the said J. E. afterwards,( that is to say, such a day and year) at W. aforesaid, did grant his whole Estate, Interest, and term of years, which he then had to come, of, and in the Mannor and Tenements, with the Appurtenance, to the said J. P. by virtue of which Grant, the said J. P. was thereof possessed, and being thereof so possessed, the said J. P. afterwards( that is to say, such a day and year) at W. aforesaid, did grant his whole Estate, Interest, and term of years, which he then had to come, of, and in the Mannor and Tenements aforesaid, with the Appurtenances, to the said J. M. by virtue of which Grant, the said J. M. into the Tenements aforesaid, with the Appurtenances, did enter, and was thereof possessed, and the said J. M. being so thereof possessed, 
The Executors possession by virtue of the will.  the said J. M. at F. in the County of W. made his Testament and last Will in writing, and by the same did appoint them the said P. and A. Executors of his Testament aforesaid, and afterwards, there died thereof seized; after whose death, the said P. and A. into the aforesaid hundred acres of Meadow, and five hundred acres of Pasture, with the Appurtenances, amongst other things, did enter, and were thereof possessed, by virtue of the Execution of the Testament aforesaid, until the said H. and S. after,( that is to say, such a day and year) by force and arms, &c. into the said hundred acres of Meadow, and five acres of Pasture, with the Appurtenances,( which the said J. O. did demise to the said J. H. to the term aforesaid, which is not yet past, which said J. did demise the same to the said J. P. to the same term, which said J. P. in form aforesaid, did demise the same to the said J. M. to the same term) did enter, and them the said P. and A. from their Farm aforesaid did eject, in retarding of the Execution of the Testament aforesaid, and his goods and chattels( that is to say) twenty loads of Hay, &c. to the value; &c. in the same Tenements found, did take and carry away, and other enormities, &c. to the grievous damage, &c. and against the Peace, &c. whereupon they say, that they are damnified, &c. and thereupon they bring the svit, &c. And they produce here in Court the Letters Testamentary, &c. by which, &c. and thereof to have Administration, &c.    

Entry in the Quibus, &c.  
E. F. Widow, 
A Declaration on a Writ of Entry in Le Q●i{bus} Trin. 4 Eliz Rot. 972.  by R. W. her Attorney, demands against A. H. Gentleman, one Water-Mill, five acres of Land, and three acres of Meadow, with the Appurtenances, in H. and M. as her Right and Inheritance, and of which the same A. hath unjustly, and without judgement, dizseized the aforesaid E. within thirty years now last past: And whereupon he saith, That he himself was seized of the Tenements aforesaid, with the Appurtenances in his Demesne, as of Fee and Right, in time of peace, in the time of our Lady the Queen that now is, taking the full, to the value, &c. And of which, &c. And thereupon he brings svit, &c.  

AND the aforesaid A. by W. rhyme his Attorney, 
Bar by descent.  comes and defends his Right, when, &c. And says, That the aforesaid E. ought not to have her Action aforesaid against him, because he saith, That before the day of the issuing forth of the original Writ of her the said E. one F. H. father of him the said A. whose Heir he is, was seized of the Tenements aforesaid, with the Appurtenances, in his Demesne, as of Fee, and so being thereof seized of such his Estate, died thereof seized, after whose death, the same Tenements, with the Appurtenances, did descend to him the said A. as to the Son and Heir of the aforesaid F. by which the same A. into those Tenement, with the Appurtenances did enter, and was thereof seized in his Demesne, as of Fee: And the aforesaid E. claiming the Tenements aforesaid, with the Appurtenances, 
Colour.  by colour of a certain dead of Demise to her thereupon made, for term of her life, by the aforesaid F. whereas nothing of the same Tenements, with the Appurtenances, into the Possession of the aforesaid E. ever passed, into the same Tenements, with the Appurtenances, did enter, upon whose the said Elizabeths Possession thereof, he the said A. into those Tenements, with the Appurtenances, did re-enter, as it was lawful for him to do: And this he is ready to aver, whereupon he demands Judgement, whether the aforesaid E. ought to have her Action aforesaid against him, &c.  
And the aforesaid E. says, That she, by any thing before alleged, ought not to be debarred from having her Action aforesaid, because she saith, That long before the aforesaid F. had any thing in the Tenements aforesaid, with the Appurtenances, one T. S. was seized of the Tenements aforesaid, with the Appurtenances, in his Demesne, as of Fee, and so being thereof seized, died thereof seized; after whose death, the Tenements aforesaid, with the Appurtenances, did descend to the aforesaid E. as to the daughter and heir of the aforesaid T. B. By which the same E. into the Tenements aforesaid, with the Appurtenances did enter, and was thereof seized in her Demesne, as of Fee, until the aforesaid F. into the Tenements aforesaid, with the Appurtenances, upon the Possession of her the said E. did enter, 
Entry by disseiz●n.  and the same E. did thereof, unjustly, and without judgement disseise, by which he the said F. was seized of the Tenement aforesaid, with the Appurtenances in his Demesne, as of Fee, by disseizin: And the aforesaid F. so being thereof by that disseizin seized, within five years next after that disseizin at H. in the County aforesaid, died thereof of such his Estate seized, after whose death the Tenements aforesaid, with the Appurtenances, 
Re●e●try within five years.  did descend to the aforesaid A. as to the Son and Heir of the aforesaid F. by which he the said A. into the Tenements a foresaid, with the Appurtenances, did enter, upon whose said A. his Possession thereof, the same E. within five years after that disseizin, into the Tenements aforesaid, with the Appurtenances, did re-enter, and was thereof seized in her Demesne, as of Fee, as in her remitter, until the aforesaid A. her the said E. of the Tenements aforesaid, with the Appurtenances, unjustly, and without judgement did disseise, as the aforesaid E. by her Writ and Declaration aforesaid hath above supposed: And this she is ready to aver, whereupon she preys judgement and seizing of the Tenements aforesaid with the Appurtenances, together with her damages, by reason of that disseizin to be adjudged unto her, &c.  
And the aforesaid A. by protestation, says, That the aforesaid T. S. did not die seized of the Tenements aforesaid, with the Appurtenances, as the aforesaid E. hath above alleged; for Plea he saith as formerly, That the aforesaid F. H. father of him the said A. whose Heir he is, was seized of the aforesaid Tenements, with the Appurtenances, in his Demesne, as of Fee; and so being thereof seized of such his Estate, died seized thereof: after whose death, the same Tenements, with the Appurtenances, did descend to him the said A. as to the Son and Heir of him the said F. by which he the said A. into the Tenements aforesaid, with the Appurtenances, did enter, and was thereof seized in his Demesne, 
The Tenant traverseth the Dissezin by him made to the Demandant.  as of Fee, as he hath above alleged, without that, that the aforesaid F. did disseise the aforesaid E. of the Tenements aforesaid, with the Appurtenances, as the aforesaid E. hath above alleged: And this he is ready to aver, whereupon, as formerly, he preys judgement, and that the aforesaid E. may be debarred from having her Action aforesaid against him, &c.  
And the aforesaid E. as formerly, 
Issue upon the disseizin.  saith, That the aforesaid F. unjustly, &c. did disseiz her the said E of the Tenements aforesaid, with the Appurtenances, as she hath above alleged: And this she prayeth may be enquired of by the country, and the aforesaid A. in like manner: Therefore command is given to the Sheriff, that he cause to come here, on the morrow after All-Souls, twelve, &c.    

Information.  
BE it remembered, 
Suffolk ss. Information against a Poson f●● Non-res●dence upon the Statute of 21 H. 8. Trin. 18. Jac. Rot. 412.  That the twelfth day of February, elsewhere, that is to say, in the Term of Saint hilary, in the year of the Reign of our Lord King James, comes here into Court F. P. late of, &c. and exhibits here into Court his certain Information against one R. S. late of W. in the County of S. aforesaid, Clerk, the Tenor of which said Information follows in these words:  
Waller, To the Justices of the Lord the King of the Bench, Suff. ss. Be it remembered, That F. P. Gentleman, who as well for the Lord the King, as for himself, in this behalf followeth, came here into Court of our said Lord the King, before William Daniel, Knight, one of the Justices of the Court of the said Lord the King, of the Bench, the twelfth day of February, in the seventh year of the King, in his proper person: And as well for the same Lord the King, as for himself, gives the Court aforesaid here to understand and be informed; That whereas by a certain Act in Parliament of King Henry the eight, held at Westminster, in the County of Middlesex, the third day of November, in the one and twentieth year of his Reign, it stands enacted by authority of the same Parliament, That after the Feast of Saint Michael the Arch-Angel, then next following, no person spiritual, Secular, or Regular, of whatsoever degree, he or they were, should from thence take to Farm, to him, or to any person or persons to his proper use, of the Lease or Grant of our Lord the King, or of any other person or persons, by Letters Patents, Indenture, Writing, by word, or otherwise, by any means, any manors, Lands, or Tenements, or other Hereditaments, for term of life, for term of years, or at Will, under the pain of forfeiture of ten pounds for every Month, wherein he, or any other to his use, did occupy and such Farm; the one moiety of which forfeiture to be to our said Lord the King, and the other moiety thereof to be to any such person, who should prosecute svit in any of the Courts of Record of our Lord the King; in which Action and svit no wager of Law was to be admitted for the Defendant: And further, it is enacted by the Authority aforesaid, that all such Demises made, or then thereafter to be made, to any such person spiritual, or persons, or to any others to their use for term of life, years, or at will, of any manors, Lands, Tenements or Hereditaments, of which they or any of them should take any prifit, or meddling, by themselves, or by any other to their use, after the same Feast of Saint Michael, by colour of any Demise or Grant, and by them not bargained, granted, and sold, before the said Feast, as is before limited, should from thence be voided, and of no force, as well against the Lessor and Lessors, Grantor and Grantors, their Heirs and Assigns, and against any of them, as against the Lessee and Lessees, and their Executors and Assigns, and every of them: and lastly, it is enacted by authority of the same Parliament, that as well every spiritual person then promoted to any Arch-Deaconarie, Deaconarie, or any Covent or Dignity in any monastery or Cathedrall Church, or any Covent or Collegiate Church, or being beneficed with any Parsonage or Vicarage: that all and singular spiritual person or persons which from thence hereafter should be promoted unto any Places, Dignities, or benefice, with any Parsonage or Vicarage, from the Feast of Saint Michael the Arch-Angel, then next following, should be personally resident and abiding at, and upon the Dignities, Prebendaries, or Beneficer, or at one of them at least; and in case any such spiritual person at any time after the same Feast, should not keep residence at one of his Dignities, Prebendaries, or benefice aforesaid, but shall absent himself voluntarily by the space of one Month at one time, or by the space of two Months, to be numbered at several times in any one year, and shall make his residence or habitation in any other place, by such time, aforesaid, That then he or they shall forfeit for every such default, ten pounds of lawful money of England.  
Yet the aforesaid R. S. lately of, &c. being a spiritual person, and Rector of the Parish of Saint E. in G. in the County aforesaid very little weighing the Statute aforesaid, nor in any manner fearing the punishment in the same Statute contained, after the publishing of the Act aforesaid, and before the day of the exhibiting this Information, to wit,( such a day and year) aforesaid, and continually after, by the space of eleven whole Months then next following, did voluntarily absent himself from his Rectory aforesaid; so that the aforesaid R. S. did in no wise make his abode or residence in, at, or upon his Rectory aforesaid, by the time aforesaid, against the form of the Statute in that case made and provided; by which the said R. S. forfeited and lost one hundred and ten pounds of lawful money of England,( that is to say) for each Month of the aforesaid eleven Months, ten pounds: Whereupon the aforesaid F. P. who follows as well for our Lord the King, as for himself, preys the advisement of the Court in the Premises; and that he the said F. may have the moiety of the forfeiture aforesaid, according to the form and effect of the same Statute: as also that the aforesaid R. may come here into Court, to answer, in and upon the Premises, Pledges of prosecuting John do, and Richard row.  
And the aforesaid R. by N. H. his Attorney, 
Not guilty plead●a.  comes and defends the force and injury, when, &c. and says, That he is in nothing guilty of the Premises laid to his charge in manner and form as the same F. who follows as well for the Lord the King, as for himself, by his Informatition aforesaid hath above supposed: And of this he puts himself upon the country, and the aforesaid F. in like manner: Therefore commammand is given to the Sheriff, that he cause to come here, Wednesday next after three weeks of the Holy Trinity, twelve, &c. and who neither, &c. to recognise, &c. because as well, &c.  

BE it remembered, 
Information against a Recasant, Trin. 〈◇〉 Jac. Rot. 28.52.  That E. S. who as well for the Lord the King, and the poor of the Parish, &c. as for himself in this behalf prosecutes, comes here into Court, the thirtieth of June, in this same term, in his proper person, and exhibits to the Justices here, a certain Information against one E. B. of London, Widow, the Tenor of which said Information follows in these words: To the Justices of our Lord the King, of his Bench, London, ss. Be it remembered, That E. S. who as well for the Lord the King, and the poor of the Parish of Saint Mary bow in the Ward of Cheap, London, as for himself in this behalf prosecutes, comes here into Court the thirtieth day of June, in this same term, in his proper person, and as well for our said Lord the King, and the same poor of the Parish aforesaid, as for himself, gives the Court here to understand, and be informed, That one Elizabeth Blackwell of London, Widow, who the first of October, in the seventeenth year of the Reign of the King that now is, was of the age of sixteen years and more, and abiding and inhabiting within this Realm of England,( that is to say) at the Parish of Saint Mary bow, in the Ward of Cheap, London, and from the aforesaid first day of October, in the seventeenth year aforesaid, unto the day of the exhibiting this Information,( that is to say) by the space of eight whole Months and more, did not repair nor make her endeavour to repair unto the Parish-Church of Saint Mary bow, in the Ward of Cheap, London, aforesaid, nor unto any other Church, chapel, or usual place of Common Prayer, and there remain orderly, and to go away during the time of Common Prayer and Preaching, or other Doctrine or Service there used or ministered; but for the whole time aforesaid at London, in the Parish and Ward aforesaid, having no lawful excuse, did voluntarily and obstinately forbear the same, against the Statute, in the like case lately published and provided: wherepon the said E. as well for our said Lord the King, and the said poor of the Parish aforesaid, as for himself, preys the advisement of the Court in the Premises; and that the aforesaid E. may be lawfully thereof convicted, and for her offence aforesaid may forfeit an hundred sixty pounds of lawful money of England,( that is to say) twenty pounds for each Month of the aforesaid eight whole Months, in which the aforesaid E: did not repair unto the Church as aforesaid: And that the aforesaid forfeiture may be divided into three equal parts, And that the aforesaid E. may thereof have his third part, according to the form of the Statute aforesaid, and that the aforesaid Elizabeth may come here into Court, to answer in, and upon the Premises, &c. Pledges of prosecuting, John do, and Richard row.   

BE it remembered, 
An Information upon the Statute of using a Trade not being Apprentice.  That W. S. who prosecutes as well for our Lord the King, as for himself, in this behalf, comes here into Court the sixteenth day of June, in the eighteen year of the King, in this same term, in his proper person, and as well for the same Lord the King, as for himself, gives the Court here to understand and be informed, That one G. B. of E. in the County of D. Yeoman, betwixt the first day of May last past, and the day of exhibiting this Information at E. aforesaid, to wit, by the space of eleven whole Months now last 〈…〉 ast, did use and exercise the Art, mystery, or manual Occupation of a Cutler, the same G. being never educated or bread up in the Art, Mystery, or manual Occupation of a Cutler, as an Apprentice by the space of seven years, according to the form of the Statute in the Parliament of our Lady Elizabeth, late Queen of England, held at Westminster in the County of Middlesex, the twelfth day of February, in the fifth year of her Reign in the like case made and provided: And the said W. who, &c. saith, That the said G. at the time of the publishing of the said Act, did not use to exercise the Art, mystery, or manual Occupation of a Cutler; and that the Art or mystery of a Cutler, was used the aforesaid twelfth day of january aforesaid, above specified, by which the aforesaid G. hath forfeited two and twenty pounds of lawful money of England,( that is to say) for every Month of the same eleven Months, wherein the aforesaid G. did use and exercise the Art or manual Occupation of a Cutler, against the form of the Statute aforesaid, as is above premised forty shillings of lawful money of England, whereupon the said W. who as well, &c. preys the advisement of the Court in the Premises, and that he the said W. may have the moiety of the forfeiture aforesaid, according to the form of the Statute aforesaid; also that the aforesaid G. may come here into Court to answer, in and upon the Premises, &c.   

COmmand was given to the Sheriff, 
Hiddlesex. ss. A Scire facias and judgement thereupon, after a Recovery upon an Information against Ingrossors. Trin. 18 Jac. Rot. 419.  whereas E. S. who prosecutes as well for the King as for himself, in that behalf, lately in the Court of our said Lord the King,( that is to say) in the Term of Saint Michael, in the fifteenth year of his Reign, before Henry Hobart, Knight and Baronet, and his fellows, then Justices of our said Lord the King, of his Bench, here, to wit, at Westminster, by the consideration of the same Court, had recovered for our said Lord the King, and for himself, against W. T. of B. in the County of York, Yeoman, seventy pounds, which to the said E. for our said L. the King, and for himself, in the same Court here were adjudged, by reason of a certain trespass and Contempt by him the said W. committed against the form of the Statute, the fifth year of the Reign of our Lord, King Edward the sixth, against engrossers published, whereof he he is convicted, as by the Record and proceeding thereof, in the same Court of our Lord the King, here at Westminster aforesaid remaining, it manifestly appears; yet the Execution of the Judgement aforesaid as yet remains to be done, as by the Information of the aforesaid E. the King hath received, &c. And because, &c. that by honest men, &c. he make known to the aforesaid W. that be be here at this day, to wit, on Wednesday after the morrow after the Holy Trinity, to show if any thing, &c. Wherefore the aforesaid E. for our aforesaid Lord the King and for himself, ought not to have Execution against him of the aforesaid seventy pounds, according to the form of the Recovery aforesaid, if, &c. And now here at this day came the aforesaid E. in his proper person, and offered himself against the aforesaid W. of the aforesaid Plea, and he being solemnly required, came not: And the Sheriff now returns, That the aforesaid W. hath nothing, &c. nor is found, &c. Therefore it is considered, that the aforesaid E. for our said Lord the King, and for himself, have Execution against the said W. of the aforesaid seventy pounds by the said W. default, &c.    

Actions upon Statutes.  
AND thereupon the Plaintiff says, 
An Action upon the Statute of the fi●st year of K. Richard the third, against a Sheriff for taking the goods of a person in prison, before conviction.  That whereas in the Parliament of R. late King of England, the third, after the Conquest, at Westminster, in the first year of his Reign, held and published, amongst other things, It is ordained and Established, That no Sheriff, Under-Sheriff, Escheator, Bailiff of a Francise, nor any other person, should take or seize the goods of any person arrested or imprisoned for Felony, before the said person be so arrested and imprisoned, should be convicted of such Felony, or be condemned according to the Law of England, or those goods and chattels should be otherwise lawfully forfeited, under pain of forfeiting the double value of the goods so taken, to him who in that part shall be damnified, by an Action of Debt in that behalf, to be brought by the like process, judgement, Execution, as in Actions of Debt at the Common Law hath been prosecuted and used: And that no essoin or Protection in such like Actions should be admitted of, nor the Defendant in the same Action should be admitted to wage his Law, as in the same Statute more fully is contained. And the said Richard says, That he( such a day and year) at H. in the County of N. for suspicion of Felony, was arrested and imprisoned: And although the said R. of the same Felony, hitherto hath not been convict or attaint, nor any goods of the said R. any ways were lawfully forfeit; yet the aforesaid J. the Statute aforesaid, in no ways weighing( such a day and year) at H. aforesaid, the goods,( that is to say) one Horse of the said R. to the value of fifty shillings, did take and seize, against the form of the Statute aforesaid, by which the Action hath accrued to the said R. to require and have of the said Defendant for the double value of the said Horse, the aforesaid hundred shillings, yet the said Defendant, although often required the aforesaid hundred shillings to the said Plaintiff, hath not paid, but the same, &c.  

G. W. lately of, 
York. ss. An Action upon the Statute for taking distress out of the Fee. See the Stat.  &c. Yeoman, was attached to answer T. H. of a Plea, That whereas by the common-council of this Realm of our Lady the Queen of England, it is provided, that it shall not be lawful for any person, to make Distresses for any cause whatsoever, out of his Fee, nor in the Kings High way, nor in the Common street, unless to our Lady the Queen, and to her Ministers. The aforesaid G. W. who is no Minister of our said Lady the Queen, &c. out of his Fee at T. the cattle of him the said H. in the Kings High-way, against the form of the provision aforesaid, hath taken and impounded, and the aforesaid Catiell hath kept long impounded, against the Law of our aforesaid Lady the Queen, and against the Peace of our aforesaid Lady the Queen, &c. And whereupon the aforesaid H. by R. G. his Attorney, complains, That whereas by the common-council of the Realm of our said Lady the Queen of England; it is provided, That it shall not be lawful to any person to make distress for any cause whatsoever, out of his Fee, nor in the Kings High-way, nor in the Common street, unless to our said Lady the Queen and her Ministers. The aforesaid G. who is no Minister of our said Lady the Queen, &c. out of his Fee at T.( such a day and year) the cattle,( that is to say) two Horses of him the said H. in the Kings High Way, against the form of the provision aforesaid, hath taken and impounded; and the said cattle long,( that is to say) for the space of two days then next following, detained in Pound, against the Law of the Realm of our said Lady the Queen of England, and against the Peace of our said Lady the Queen, &c. Whereby he says, that he is damnified, and hath damage to the value of ten pounds, and thereupon he brings svit, &c.   

ANne Cautrel of T. in the County of, 
An Action of the Statute of 8 H. 6. against forcible Entries, Pasch. 9 E. Reginae, Rot. 812.  &c. Widow, and H. C. &c. were attached to answer H. A. of a Plea, That whereas in the Statute in the Parliament of the late King Henry the sixth, at Westminster, in the eighth year of his Reign, held and published, amongst other things it is contained; That if any person shall be forcibly expulsed and dizseized of any Lands or Tenements, or shall be peaceably expelled, and afterwards with a strong hand held out, or any Feoffment or discontinuance, after such his entry, be in any manner made to desrand or take away the Right of the Possessor: That the party in that behalf grieved, shal have against such a disseizor an Assize of new disseizin, or a Writ of trespass: And if the party grieved by Assize, or by Action of trespass shall recover, and by verdict, or by other means, by due form of Law, if it be found that the party Defendant, into the Lands and Tenements shall have entred by force, or them by force after such entry shall have held, the plaintiff shall recover his damages, to the triple value against the Defendant: And further, shall make Fine and Redemption to the Queen, as in the said Act is more fully contained; the aforesaid A. and H. into half an acre of Wood, of him the said J. A. with the Appurtenances in D. by force and arms entred, and him the said J. A. by force and arms did expulse and disseise, and him so expulsed and dizseized of the aforesaid Wood, by strong hand held out, and as yet holds out, to the contempt of our Lady the Queen that now is, &c. And whereupon the said H. A. by J. R. his Attorney, complains, that the aforesaid A. and H. and others,( such a day and year) into half an acre of Wood of him the said H. A. in D. aforesaid, by force and arms,( that is to say) with Swords, Staves, and Knives, did enter, and him the said H. with strong hand,( that is to say) with elven men in War-like manner arrayed and armed, did expel and disseise; and him so expulsed and dizseized of the aforesaid half acre of Wood with the Appurtenances, with strong hand held out, and as yet holds out, in the contempt of our said Lady the Queen, and his the said H. great damage, and against the form of the Statute aforesaid, and against the Peace, &c. Whereby he says he is damnified, and hath damage to the value of forty pounds, and thereupon he brings svit, &c.  
And the aforesaid A. and H. by J. D. their Attorney, 
Bar.  come and defend the force and injury, when, &c. And whatsoever, &c. And as to the coming with force and arms, they say, They are thereof in no wise guilty, and of this, &c. And the aforesaid H. A. in like manner; and as to the residue of the trespass and Entry aforesaid, above supposed to be done, they the said A. and H. say, That the aforesaid H ought not to have against them his aforesaid Action, because they say, that long before the said time wherein the entry aforesaid is supposed to be made: One R. C. was seized of one messsage, twelve acres of Land, eight acres of Pasture, and two acres of Wood, with the Appurtenances, amongst other things, in D. aforesaid,( whereof the said half acre of Wood, with the Appurtenances is, and the aforesaid time wherein, &c. as also from the time, the contrary thereof is not extant in the memory of man, was parcel) in his Demesne, as of Fee; and the same R. so being thereof seized before the said time, wherein, &c. of the aforesaid Tenements, with the Appurtenances, whereof, &c. he did infeoff one W. W. to have and to hold the Tenements aforesaid, 
A Feeffment to Uses.  with the Appurtenances, amongst other things, whereof, &c. to the aforesaid W. W. his Heirs and Assigns, to the use of the aforesaid A. for term of her life, and after the death of the aforesaid A. to the use of him the said R. the elder, his Heirs and Assigns for ever; by means of which said Feoffment, and by virtue of a certain Act of Parliament, for transferring uses into possession made at Westminster, the fourth of February, 
The Statute of Uses.  in the twenty seventh year of our late Lord, King Henry the eighth, published and provided, the aforesaid A. was seized of the Tenements aforesaid, with the Appurtenances, whereof, &c. amongst other things, in his Demesne as of Free-hold, the Remainder over, after the death of the aforesaid A. to the said R. his Heirs and Assigns for ever, and the aforesaid H. A. 
The Colour. ( claiming the aforesaid half acre of Wood, with the Appurtenances, by colour of a certain dead of Demise to him thereupon made for term of his life, by the aforesaid R. C. the elder, where nothing of the said half acre of Wood, with the Appurtenances, into the possession of the aforesaid H. A. by the said dead was ever transferred) into the same half acre of Wood, with the Appurtenances, before the said time, wherein, &c. did enter, upon whose said H. A. his Possession, the said A. in her own Right, and the aforesaid H. C. as the servant of the same Anne, and by her command, after,( that is to say) the same time wherein, &c. did peaceably re-enter, and the aforesaid H. A. of the aforesaid half acre of Wood, with the Appurtenances, did peaceably expel and hold out, as it was lawful, &c. without that, that they the aforesaid twenty seventh of April, in the seventh year aforesaid, 
The Traverse.  by force and arms, &c. and by strong hand, into the aforesaid half acre of Wood, with the Appurtenances, made their entry, as the aforesaid H. A. above against them complains, and this they are ready to aver, whereupon they demand judgement, whether the aforesaid H. A. ought to have his Action against them, &c.  
And the aforesaid H. A. saith, 
The Replication to the ●a.  That he by any thing before alleged, ought not to be debarred from having his aforesaid Action, because by way of protestation, not acknowledging that the aforesaid half acre of Wood, with the Appurtenances, is, nor the aforesaid time, wherein, &c. as also by the whole time aforesaid, were parcel of the Tenements aforesaid, in the bar aforesaid specified: for Plea, the aforesaid H. says, That long before the said R. had any thing in the aforesaid half acre, of Wood, with the Appurtenances, E. A. J. A. and J. B. were of the aforesaid half acre of Wood, with the Appurtenances, amongst other things, &c. seized in their Demesne, as of Fee, and being so thereof seized before the said time, wherein, &c. They the said E. A. J. A. and J. B. thereof did infeoff R. A. J. F. R. H. and E. B. to hold to them and their Heirs to the use of the aforesaid R. A. and his Heirs for ever; by reason of which said Feoffment, and by force of the said Act of Parliament, held in the aforesaid twenty seventh year of King Henry the eighth, &c. at Westminster, for transferring uses into possession, published and provided, the aforesaid R. A. was seized of the aforesaid half acre of Wood, with the Appurtenances, whereof, &c. in his Demesne, as of Fee: and he the said R. being so thereof seized, the same R. before the said time, wherein, &c. at D. aforesaid, died thereof by protestation seized; after whose death, and before the said time, wherein, &c. the aforesaid half acre of Wood, with the Appurtenances, did descend to him the said H. A. now, Plaintiff, as to the Son and Heir of him the said R. by which the same H. before the said time, wherein, &c. into the aforesaid half acre of Wood, with the Appurtenances, did enter, and was thereof seized in his Demesne, as of Fee, until the aforesaid A. and H. C. him the said H. unjustly and without judgement by force and arms, and with a strong hand did expel and disseise, against the Peace, &c. as the said H. A. above, against them complains, by which they the said A. and H. C. were thereof seized in their Demesne, as of Fee, by disseizin, &c. And being so seized thereof by disseizin, &c. the same A. and H. of the said half acre of Wood, with the Appurtenances, did infeoff the aforesaid R. C. to hold to him and his Heirs for ever; By virtue of which said Feoffment the same R. was of the aforesaid half acre of Wood, with the Appurtenances, seized in his Demesne, as of Fee, and he the said R. being so thereof seized, the same R. before the said time, wherein, &c. of the same half acre of Wood, with the Appurtenances, did infeoff the aforesaid W. W. to hold to him, his Heirs and assigns for ever, to the use of the aforesaid A. as the aforesaid A. and H. C. have above alleged: and this he is ready to aver, whereupon he demandeth judgement and his damages, by reason of the entry aforesaid, to be adjudged unto him, &c.  
And the aforesaid A. and H. C. as formerly, say, 
rejoinder.  That the aforesaid R. C. the elder, was seized of one messsage, twelve acres of Land, eight acres of Pasture and two acres of Wood, with the Appurtenances, in D. aforesaid, whereof the aforesaid half acre of Wood, with the Appurtenances, and by the whole time aforesaid, was parcel, in his Demesne, as of Fee, and being so thereof seized, the same R. before the aforesaid time, wherein, &c. of the same half acre of Wood, with the Appurtenances, did infeoff the aforesaid W. W. to hold to him, his Heirs and Assigns for ever, to the use of the aforesaid Anne for term of her life, and after her decease, to the use of the aforesaid R. his Heirs and Assigns for ever: By means of which said Feoffment, and by force of the Statute aforesaid, of transferring uses into possession, published and provided, 
A traverse of the disscizin.  the aforesaid A. was of the tenements aforesaid, with the appurtenances, whereof, &c. amongst other things, &c. seized in her Demesne, as of Free hold, the remainder thereof, after the death of the aforesaid A. to the aforesaid R. his Heirs & Assigns for ever, as they before have alleged, without that, that they the said A. and H. have dizseized the aforesaid H. A. of the aforesaid half acre of Wood, with the Appurtenances, in D. aforesaid, as the aforesaid H. A. hath above alleged: and this they are ready to aver, whereupon, as formerly, they demand judgement, and that the aforesaid H. A. may be debarred from having his Action aforesaid against them, &c.  
And the aforesaid H. A. as formerly, says, 
The issue upon the traverse.  That the aforesaid A and H. have dizseized him the said H. of the aforesaid half acre of Wood, with the Appurtenances, as he before hath alleged: And this he preys may be enquired of by the country, and the aforesaid H. and A. in in like manner: Therefore command is given to the Sheriff, &c.    

Prohibition.  
BE it remembered, 
A suggestion for a Prohibition to the Court of Riquest, for that the Defendant being Heir, was impleaded there upon a simplo contract by his father, made in his life.  that formerly, &c. came E. B. of C. in the County of D. Esquire, Son and Heir of J. B. late of B. in the County of Surrey, Esquire, by F. B. his Attorney, and giveth to the Court to understand; That whereas by the Law of this Common-wealth of England, Heirs or Executors are not chargeable, nor ought to be charged with the payment of any Debts of their Ancestors or Testators, whose Heirs or Executors they are, unless it be by Writing or Bill, under the Seal of such their Ancestors or Testators signed; by which Writing, or by which Bill, such like Ancestors or Testators have obliged themselves, their Heirs or Executors, to pay and satisfy such their Debts, to such persons to whom such their Ancestors or Testators have been indebted: Yet one J. C. of, &c. not ignorant of the Premises, machinating him the said E. against the due form of the Common Law of the Land of this Common-wealth of England, unduly and unjusty to grieve, oppress, and trouble; and also the Common Law of this Common-wealth of England, to every person of this Nation, now of right due, to derogate and withstand, and to subvert the due course of right, the third day of December,( in such a year) in the Court of Requests, before the Masters of Requests of that Court, did draw into Plea the said E. as Son and Heir of the aforesaid J. B. of, and for a certain Debt of one hundred pounds to the said J. C. by the said J. B. in his life, supposed to be due upon a simplo Contract, without any Writing or Bill thereof under the Seal of the aforesaid J. B. in his life signed, and to the aforesaid J. C. as the dead of the said J. B. delivered; By which Writing, or by which Bill, the aforesaid J. B. in his life-time, did bind himself, his Heirs or Executors, to pay to the aforesaid J. C. the aforesaid hundred pounds, and unjustly hath bound him the said E. in the aforesaid Court of Requests, before the aforesaid Masters of Requests of that Court, of and upon the Premises, to appear and to answer the aforesaid J. C. thereof, against the Law and Custom of this Common-wealth of England: And although the aforesaid J. B. in his life, by any Writing, or by any Bill, under the Seal of him the said J. B. in his life signed, did not oblige himself, his Heirs or Executors, to pay to the aforesaid J. C. the aforesaid one hundred pounds. And although also the same E. the matter aforesaid by him above alleged, in the aforesaid Court of Requests, before the Masters of Requests in that Court, in his Exoneration of the Premises aforesaid above alleged, hath pleaded, and hath offered to prove the same by unavoidable truth and testimony; yet the said Masters of that Court of Requests have not admitted that Plea and Allegation, but altogether have refused the same: And the aforesaid J. C. notwithstanding the Plea, Allegation, and proof aforesaid, with his whole power doth endeavour, and thereby machinate to condemn him the said E. of, and in the Premises aforesaid, by the definitive Sentence of the said Court of Requests, in contempt of our Lord the King, &c. And the manifest damage, prejudice, impoverishment, and grievance of him the said E. B. and against the Laws of this Common-wealth of England: And this the same E. B. is ready to aver, as the Court, &c. Whereupon the same E. humbly complaining, prayeth speedy remedy and help of the Court of the said King, &c. here, and a Writ of Prohibition of the said King, &c. in form of Law, to be directed to the said J. C. and to his Counsellors, Attorneys, and Solicitors in this behalf whatsoever, to prohibit them, and every of them, that they, or any of them, in the Cause aforesaid, in any wise, touching the Premises, may not presume in any thing further to proceed in the aforesaid Court of Requests, before the aforesaid Masters of Requests of that Court, nor to attempt any thing more in that behalf, in the aforesaid Court of Requests, which may any wise accrue to the damage or prejudice of him the said E. or contempt of our Lord the King, &c. And it is granted to him, &c. M. 3. Jac. Rot. 1654.  

JAmes by the Grace of God, &c. To Matthew Brown, 
A Writ of Prohibition in the Court of Requests.  and to his Counsellors, Attorneys, and Solicitors in this behalf, whatsoever, greeting. It is shewed to Us in our Court, before Our Justices at Westminster, on the behalf of Thomas Sholey of Wakefield, in the County of York, Chapman: That whereas in the Statute in the Parliament of our Lord, Henry the third, late King of England, at W. in the County of Middlesex, in the ninth year of His Reign, held, amongst other things; It is ordained and established by Authority of the same Parliament, That no free-man may be taken or imprisoned, 
Magna Charta.  or dizseized of his Free-hold or Liberties, or of his Free customs, or outlawed, or banished, or any ways destroyed, neither the Lord the King should go upon him, nor should pass upon him, except by the lawful judgement of his Peers, or by the Law of the Land, as in the same Statute more fully is contained: And whereas also all and singular Pleas of Debt, upon any contracts or seals of any merchandises, by any one of Our Subjects, or the Factors of any of them made, within this Kingdom of England arising, and the recognisances of their Pleas to Us and Our Kingly Crown are specially belonging and pertaining, and by the Laws of the Land of this Kingdom of England, in Our Courts of Record before Us, or Our Justices, and not in the Court of Requests before the Masters of Requests of that Court ought to be tried, determined or decided, and always hitherto ought and have been accustomend: And whereas the same T. S. being Subject of the said now Lord the King, and now is a free man this Kingdom of England, and so by the whole time of his life time now past hath been, and by reason thereof, ought to have and enjoy all and singular the Liberties and free customs of this Kingdom of England hitherto for any our Liege people, and of our Progenitors the Kings and Queens of this Kingdom of England, used and approved, yet one m B. of W. in the said County of Y. Clothier, not ignorant of all and singular the premises, notwithstanding devising and maliciously intending not onely unduly to oppress, grieve, and trouble, him the said T. and against the form and effect of the Statute aforesaid, and the cognizance of the Plea, which to us and our Kingly Crown, and not to the aforesaid Court of Requests any wise pertaineth and belongeth, to another determination in the aforesaid Court of Requests to draw, and by that means to disinherit us and our Kingly Crown, and to spoil and wholly deprive the said Thomas, of the customs of this Kingdom of England aforesaid, and the Issues and Profits which may belong to us, for the Trials and Examinations of all and singular Pleas of Debt of our Subjects in our Courts aforesaid, to be had and done to our Kingly Crown, pertaining and belonging to adnull: by complaint hath drawn him the said T. S. into Plea in the aforesaid Court of Requests before the Masters of Requests of that Court, for detaining and not paying of fifty pounds and ten shillings, as the same M. hath affirmed to be due by the same T. for divers pieces of woollen Cloath bought of the aforesaid Matthew, by one J. S. by the said M. supposed to be Factor of him the said T. to the use of him the said T. by a certain Bill by him the said M. in the same Court of Requests, against the same T. lately exhibited, warily and subtly complaining and supposing against him the said Thomas, by his same Bill amongst other things, in the same Court of Requests, that whereas the aforesaid M. using the occupation of the buying of woollen Cloath, in the parts of York, and selling of the same at Blackwell-Hall in the City of London: And whereas the same M. labouring in the same Occupation, and getting his living, in or about the month of N. then last past, had bought and carried to Blackwell-Hall aforesaid five Pieces of Cloath called Broads, and there had sold the same for the Sum of twelve pounds ten shillings, whereof was satisfied to him twenty shillings onely by one G. S. who was noted and commonly known to be Factor and Actor, of and for him the said T. S. And whereas also afterwards( that is to say) in the month of J. last past, the said M. had carried to Blackwell-Hall the aforesaid fifteen Pieces of Cloath called Broads, and three clothes called Kerseys of a mixed colour, and there had sold the same to the said G. S. for the Sum of two and forty pounds, whereof the said G. had paid to the hands of the said M. sixty shillings, leaving the residue unpaid: And whereas also both of the aforesaid Sales were made to the said G. S. as Pactor of the said D. and to his use, and the same clothes or Moneys from thence arising, came to the hands or use of the same T. And by the same Bill showing, that notwithstanding he had so received, or was to receive the Money, and many of the same clothes and then having the rest in his hands or custody, the same T. then refused to pay to the said M. the said several Sums, for the clothes aforesaid due, as by the same Bill before the Masters of Requests in form aforesaid exhibited, and there remaining amongst other things more fully appeareth: whereas in truth the aforesaid several Pieces of Cloath, by the aforesaid G. of the said M. in form aforesaid severally bought, if any were bought, were bought by the said G. to the proper use of him the said G. and not to the use of him the said T. and whereas in truth the said G. never was Factor or Actor of the said T. in that behalf, nor ever authorised or commanded by the said T. to buy of the said M. the aforesaid several Pieces of Cloath, nor any of them, nor the Moneys from thence arising ever came to the hands or possession of him the said T. as the same M. by his Bill aforesaid hath falsely supposed, and the same Thomas at the day for his appearance by the said Court of Requests prefixed in the same Court to appear, and to the same M. of, and upon the premises to answer was forced and compelled: And although neither of the parties aforesaid( that is to say) neither the same T. S. not the said M. B. at the time of the exhibiting of the Bill aforesaid, in the aforesaid Court of Requests, or ever before, or afterward hitherto were, nor yet are of the household of the said Lord the King, nor grieved with any poverty: And although also the aforesaid cause of complaint in the Bill aforesaid contained and specified, by the Laws of the Land of this Kingdom of England, and not by the Censures of the aforesaid Court of Requests, in any manner ought to be tried, examined, or determined: And although also the same T. S. all and singular the premises by him above in this behalf suggested and alleged in the aforesaid Court of Requests, before the aforesaid Masters of Requests of the same Court, in his discharge, of and upon all and singular the premises, by the said M. against him the said T. above as aforesaid required, against him the said M. hath often pleaded and alleged, and hath offered to prove the same by unevitable truth, yet the said Masters of the Court of Requests, that Plea, Allegation, and Proof, have wholly refused, and yet do refuse: And the aforesaid M. doth endeavour, and thereby threaten with his whole power, to compel him the said T. by the definitive Sentence of the said Court of Requests, of, and upon the premises to condemn, and to pay the aforesaid Sum of fifty pounds and ten shillings to the said M. in contempt of us and of our Laws, and the manifest damage, prejudice, grievance and impoverishing of him the said T. and against the form and effect of the Common Law and Statute aforesaid: We therefore being willing to maintain the Laws and Rights of our Crown, as we are bound in the Bond of an Oath, and being unwilling our Liege people with delays against the same to be hurt; we command and firmly enjoin you and every of you, that the aforesaid T. in any wise before the said Masters of Requests, or any of them ye further draw not into Plea, neither any of you draw or cause to be molested, neither in the cause aforesaid, in the aforesaid Court of Requests, you further proceed or presume to proceed, neither attempt or presume to attempt any thing more therein, which may any ways accrue to the hurt of our Crown and Dignity, or to the damage, prejudice, or grievance of him the said T. S. And if any thing therein by you or any of you shall be attempted, you cause that as much as in you is without delay to be revoked: Witness E. cook at Westminster the one and twentieth day of June, in the eighth year of King James.   

R. P. Clerk, 
Prohibition to be discharged of Tithes for a Lime kill.  Rector of the Parish Church of W. in the County aforesaid, was attached to answer as well our Lord the King, as J. T. of a Plea, wherefore he did follow a Plea against the said J. T. in the Court Christian, against a Prohibition of the said Lord the King, &c. and whereupon, &c. doth complain, That whereas the same J. now hath, holdeth, occupieth, and by six whole years and more now last past, hath held and occupied eight Acres of Land with the Appurtenances, called B. and one Furnace called a Limekill, in the same eight Acres of Land by the whole time aforesaid being, and by the aforesaid six years and more now last past, by his great pains and labour, out of the earth in W. aforesaid, hath digged, extracted, and prepared fit stones in the Furnace aforesaid to be burned for making of Lime thereof, and with his like great costs and labour hath put those stones so digged, 
Prescription for to be discharged of Tithes of stones dug out of the earth by labour and ●●s●s, and burnt into Lime, and of Lime of the same made, and of whatsoever Minerals, or other things ●● one of the each.  extracted, and made ready on a heap, upon and about the Furnace aforesaid, and at his great costs with wood and heath Ground, and other things combustible, hath burnt for the better making of the Lime thereof for necessary use of buildings and structures of houses and Walls, and for the enriching of such Lands whereupon the Lime shall be dispersed, for the maintenance of Tillage, and for increase of Houses, Grain, and subsistence, and maintaining of Food to the use and profit of this Kingdom of England, and whereas also the tithes of such stones digged up and extracted out of the earth with such labour and costs, and burnt and converted into Lime, or of Lime made out of such like stones, or whatsoever minerals or other things digged out of the earth within the Kingdom of England, by the Law of this Realm of England, ought not or were not used to be paid or rendered, but all and singular person and persons, burning and converting stones into Lime, time out of mind, from payment of tithes, for such Lime have remained free, quiet, and acquitted, and by the Law of this Kingdom of England, have been and ought to be free, quiet, and acquitted, yet the said R. P. not ignorant of the premises, devising, &c. the Lord the King, &c. to disinherit, &c. desiring to draw him the said J. T. into the Court Christian, before, &c. of and for taking away and not paying of the tithes of the Lime of the Furnace aforesaid, by him the said T. B. burnt in the Moneths of March, &c. or in every, more, one, or any of these Moneths did craftily and subtly implead in the same Court Christian libeling against him the said J. T. that from ten, twenty, thirty, &c. years last past, and also time out of mind, within the Parish of W. aforesaid there hath been, and was a certain manner, use, and laudable custom and manner of paying of Tithes for the Tithes of Lime( that is to say) that every Parishioner or any other, having any Furnaces of Lime, or Furnace within the bounds and limits and titheable places of the Parish of W. aforesaid, and in the same Furnaces burning and making of Lime, or making and using to burn and make any Lime, were used and accustomend to pay for every Furnace after the Lime of the same Furnace was burnt to the Rector of the Church aforesaid, for the time being, two Hogsheads of Lime, for, and in the name and place of the Tithes of the Lime of such Furnace there burnt and made, and that the aforesaid J. T. in the Moneths and year aforesaid, or every one, some or any of those Moneths, had three Furnaces of Lime within the Parish of W. aforesaid, in which he burnt and made Lime to his use, and had at every burning and making of such Lime of every Furnace, an hundred Hogsheads of Lime, every Hogshead thereof, of the price of six shillings and eight pence, and that part did declare in every number of Hogsheads of the Lime aforesaid, and in every lesser or greater Sum or value, to such and so great a number, Sum, or value, as, and how much in the event of this svit will be proved. And that the aforesaid J. T. paid nothing for the Tithes of Lime to the Rector aforesaid, or his Deputy in that behalf, in the Moneths and years aforesaid, or every, some one, or any of those Moneths, neither compounded with him for the same; but against and contrary to the will and consent of him the said Rector wickedly and unjustly hath taken, substracted, and had, all and singular such like Tithes, and to his own use applied, and him the said J. into the Court, &c. by occasion of the premises, unjustly hath bound to appear and to answer to the said B. of and upon the premises, and although the same J. T. the said matter above expressed for his discharge of the payment of the Tithes of Lime in the aforesaid Court Christian, before, &c. in form aforesaid, required against the same R. hath pleaded, and hath offered to prove the same by inevitable testimony and Truth; yet the same Judge, &c. the Plea, &c. hath refused; and the aforesaid R. doth endeavour with his whole power, to condemn him the said J. T. by the definitive Sentence of the said Court Christian, of, and upon the premises, and the tithes, &c. To pay, &c. and thereby, &c. to the manifest damage, prejudice, grievance of the said J. T. and against the form of the Law of this Kingdom of England, and although the same J. T.( such a day and year) at W. aforesaid did deliver to the said R. a Writ of Prohibition of the said Lord the King, to him to the contrary thereof, yet the said R. hath not ceased further to follow that Plea, but hath further prosecuted the same in the aforesaid Court Christian, notwithstanding the aforesaid Writ of Prohibition to him to the contrary thereof directed, in contempt of the said now Lord the King, and grievous damage of the said J. T. and against the Prohibition aforesaid, whereupon he saith, that he is damnified, 
Bar in Prohibition that of lime burnt to be sold, tithes are to be paid, and averment the lime was burnt to be sold, and trave se the Prescription.  &c.  
And the said Defendant, by, &c. when, &c. And all contempt and whatsoever, &c. and saith, that he did not prosecute in the aforesaid Court Christian, after the Prohibition of the said now Lord the King, to him to the contrary thereof delivered, as, &c. And of this, &c. likewise▪ And for the Writ of the said Lord the King of consultation in this behalf to be had, the same R. saith, whosoever hath, holdeth or occupieth any Furnace or Furnaces of Lime within the Parish of W. aforesaid, or bounds, limits, or titheable places of the same Parish, and burneth Stones in the same Furnace or Furnaces for the making of Lime thereof, and the Lime thereof doth make to sell for his own proper gain and commodity thereof to be made, from the time of the contrary, whereof the memory of men is not extant, payeth and rendereth, and hath accustomend to pay and render for every Furnace of Lime after the Stones in the same Furnace were burnt, and the Lime thereof was made, to the Rector of the Parish Church aforesaid, or to his farmer or Deputy of that Rectory, or the Tithes thereof for the time being, two Hogsheads of Lime for Tithes, out and of the Lime of every such Furnace there so made; and the same R. further saith, that the Lime aforesaid whereof the Tithes by him in the Court Christian aforesaid demanded, was made of Stones by the aforesaid J. T. who, &c. in the year of our Lord 1612. abovesaid, in his Furnace aforesaid, or the making of the Lime thereof burnt with that intention to sell the same Lime to any person or persons whatsoever, willing to buy the same for the proper gain and commodity of him the said J. thereof to be made, and afterwards in the same year by him the said J. was sold for great sums of Moneys thereof coming, above and besides the cost and labour of him the said J. in burning and making that Lime expended, to the great gain, commodity, and profit of him the said J. And because the aforesaid J. T. who, &c. the Tithes out of the Lime aforesaid by him the said J. in his Furnace aforesaid, in form aforesaid made, in the year of our Lord, and the moneths aforesaid, to the same R. then and yet Rector of the Parish Church aforesaid being, did refuse to pay, and did subtract the Tithes to the same R. belonging; the same R. the aforesaid J. T. who, &c. of and for the substraction and not payment of those Tithes in the aforesaid Court Christian, before the prosecution of the aforesaid Writ of Prohibition, did draw into Plea: As, &c. without this, that all and singular person or persons burning and converting such Stones into Lime, from the time of the contrary whereof the memory of men is not extant, from the payment of Tithes for such like Lime, free, quiet and acquitted, have remained and continued; as, &c. And this, &c. judgement and a Writ of Consultation of the said Lord the King in this behalf to be granted, &c.  
And the aforesaid J. T. as to the aforesaid Plea of the aforesaid R. 
The Plain iff demurs in Law.  as to the substraction and detaining of the Lime aforesaid above for consultation thereof to be had, pleaded, saith, That by any thing by the aforesaid R. in the same Plea above pleaded, alleged, the Writ of the said Lord the King of Consultation thereof ought not to be granted, because he saith, That that Plea in manner and form aforesaid pleaded, and the matter in the same contained, is not sufficient in Law to have the Writ of the said Lord the King of Consultation thereof; and that he to that Plea in manner & form aforesaid pleaded, hath no need, neither by the Law of the Land is held to answer: And this, &c. Whereupon for want of the sufficient Answer of the said R. in this behalf, the same J. prayeth judgement, and his Damages by reason of the premises to be adjudged unto him, &c.  
And the aforesaid R. P. 
Joynder in demur.  for as much as he hath above alleged sufficient matter in Law to maintain the Writ of the said Lord the King of Consultation against the aforesaid J. T. to be granted to him, which he is ready to aver; which said matter the said J. hath not denied, neither hath answered any thing to the same, but altogether refuseth to admit that Averment: The same R. as formerly prayeth judgement, and the Writ of our said Lord the King of Consultation to be granted to him, &c. And because the Justices here, &c. Day is given, &c.    

Partition.  
ANthony Cook Knight, in Mercy for many defaults, &c.  
The said A. and T. W. Esquire were summoned to answer P. T. Gentleman, 
Trin. 8 Eliz. Reginae, Rot, 922.  of a Plea, that whereas they the said P. and the aforesaid A. and T. together and undivided, do hold to them and their Heirs the Mannour of Dassets, alias Dorset, with the Appurtenances, They the said A. and T. that Partition may be made thereof between them according to the form of the Statute in that case published and provided do deny and the same most unjustly permit not to be done, against the form of the Statute aforesaid, &c. And whereupon the said P. by T. L. his Attorney, says, That whereas he and the aforesaid Anthony and Thomas, together and undivided do hold to them and their Heirs, the Mannor aforesaid with the Appurtenances, whereof unto him the said Peter and his Heirs, it belongs to have one part of the Mannor aforesaid with the Appurtenances, in three parts equally to be divided; and unto the aforesaid Anthony and his Heirs, it pertains to have another part of the same Mannor with the Appurtenances, in three equal parts, as is aforesaid, to be divided: And unto the aforesaid Thomas and his Heirs it pertaineth to have a third part of the residue thereof; to hold to them in severalty; so that the same Peter of his part of the Mannor aforesaid with the Appurtenances to him belonging, and the aforesaid Anthony of his part of the Mannor aforesaid with the Appurtenances to him thereof belonging, may be able severally to improve to themselves; they the said Anthony and Thomas to make Partition thereof between them, according to the form of the Statute in that case made and provided, do deny, and the same most unjustly permit not to be done, against the form of the. Statute aforesaid; whereupon he says he is damnified, and hath Damage to the value of an hundred pounds, and thereupon he bringeth svit, &c.  
And the aforesaid Anthony, 
One Defendant appears by Attorney, and the other in proper person.  by W. S. his Attorney, and the aforesaid T. W. in proper person come and defend the force and injury, when, &c. and the same Anthony says, That Partition between him the said Anthony, and the aforesaid Peter and Thomas Wooton of the Mannor aforesaid with the Appurtenances ought not to be made, because he saith, That long before the said Peter had any thing in the same Mannor with the Appurtenances, one E. Belknapp Knight, was seized of the Mannor aforesaid with the Appurtenances, in his Demesne as of Fee; and the aforesaid E. being so thereof seized, of such his Estate died thereof seized without any Heirs of his body issuing: After whose death, the Mannor aforesaid with the Appurtenances, did descend unto one Mary Dannet Widow, as to one of the Sisters and Heirs of the same Edward Belknap, and to them the said Anthony, and the aforesaid Thomas Wootton, as to the Cozens and Co-heirs of the aforesaid E. that is to say, to him the said Anthony, as to the Son and Heir of John cook Esq Son and Heir of Elizabeth, another of the Sisters and Co-heirs of the aforesaid E. B. and to the aforesaid Thomas; as to the Son and Heir of Edward Wootton Knight, Son and Heir of Anne, another Sister and coheir of the aforesaid E. B. Knight, by which the same Mary Dannet, Anthony and Thomas, in the Mannor aforesaid with the Appurtenances did enter, and were thereof seized in their Demesne as of Fee, and they the said Mary, Anthony, and Thomas, so being thereof seized, the aforesaid M. long before the aforesaid Peter had any thing in the Mannor aforesaid with the Appurtenances, of one moiety of her third part of the Mannor aforesaid with the Appurtenances thereof belonging to her the said Mary did enfeoff one Daniel her younger Son, to have and to hold to him the said T. D. -and his heirs, for ever; by means whereof the aforesaid T. D. was seized of the aforesaid one moiety of the said third part of the Mannor aforesaid, with the Appurtenances, to her the said Mary belonging in his Demesne, as of Fee, and the aforesaid M. of the other moiety of the said third part of the mannor aforesaid, with the Appurtenances, to her the said M. hereof belonging, in form aforesaid, being seized of such her Estate, died thereof seized, after whose death, the aforesaid other moiety of the said third part of the Mannor aforesaid, with the Appurtenances, to her the said M. thereof belonging, did descend unto one Leonard Dannet, as to the cousin and heir of the aforesaid Mary,( that is to say) to the Son and Heir of J. D. Son and Heir of the aforesaid Mary, by means whereof the aforesaid Leonard Dannet, into the aforesaid other part of the moiety of the said third part of the Mannor aforesaid, with the Appurtenances, to her the said M. thereof belonging, did enter, and was thereof seized in his Demesne, as of Fee. The State of which said T. D. and L. D. of, and in the aforesaid third part of the Mannor aforesaid to her the said Mary thereof belonging, the same Anthony now hath, and had in the same the aforesaid day of issuing forth the original Writ of the aforesaid Peter, without that, that the aforesaid Peter and Thomas Wooton, and the same Anthony, held together and undivided, or the day of the issuing forth of the original Writ of him the said P. Temple, did hold the Mannor aforesaid, with the Appurtenances, as the same Peter by his Writ and Declaration aforesaid hath above supposed, and this he is ready to aver, whereupon he demands judgement, whether partition ought to be made between him, and the aforesaid Peter, and T. Wooton, of the Mannor aforesaid, with the Appurtenances, &c.  
And the aforesaid T. W. says, That he cannot deny the Action, aforesaid of the said Peter, nor but that he and the aforesaid Anthony and Peter do hold, and the day of the issuing forth of the original Writ aforesaid, did hold the Mannor aforesaid, with the Appurtances, together and undivided, nor but that Partition thereof between him and the aforesaid A. and Peter, in form aforesaid, ought to be made, and well alloweth that Partition thereof between them, in form above declared be made; but the judgement thereupon is to cease and be respited, until the Plea aforesaid between the said Peter and the aforesaid Anthony be determined, &c.  
And the aforesaid Peter, as to the aforesaid Plea of the aforesaid Anthony above in bar pleaded, says, That he by any thing in the same Plea before alleged, ought not to be debarred from having partition made between him and the aforesaid Anthony and T. of the Mannor aforesaid, with the Appurtenances, because he saith, That he and the aforesaid Anthony and Thomas Wooton, the aforesaid day of the issuing forth of the original Writ of him the said Peter, to wit, the tenth day of October, in the seventh year of the Queens Reign, did hold together and undivided, the Mannor aforesaid, with the Appurtenances, as he by his Writ and Declaration aforesaid hath above supposed: And this he preys may be enquired of by the country, &c. and the aforesaid Anthony in like manner; therefore command is given to the Sheriff, that he cause to come here, twelve, &c.  

LEicest. 
Partition between Heirs in gavelkind.  ss. J. Tamworth, Esquire, was summoned to answer H. T. and C. T. of a Plea; That whereas they the said H. C. and J. together and undivided, do hold twenty messages, &c. with the Appurtenances, of the Inheritance which was of C. T. Esquire, father of the aforesaid H. C. and J. whose Heirs they are, in H. the said J. doth deny to make partition thereof between them, according to the Law and custom of this Common-wealth of England, and unjustly doth not suffer the same to be done, &c. and whereupon, &c. they say, That whereas they the said H. and C. the Son, and J. together, and individually, do hold the Tenements aforesaid, with the Appurtenances, of the Inheritance, which was of the aforesaid C. the father, whose Heirs they are, in that, that the Tenements aforesaid, with the Appurtenances, are, and from the time of the contrary, whereof the memory of men is not extant, were within the soak of R. in the County aforesaid; and that all the Lands and Tenements which are within the same soak, are, and from the whole time aforesaid, were of the nature and tenor of gavelkind, and that all the Lands and Tenements of the same nature and tenor in the soak aforesaid, are, and according to the custom in the same soak, time out of mind, were used to be partend, and partable between the Heirs Males by the whole time aforesaid, whereof it doth belong to him the said H. and his Heirs, to have one part of the said Tenements, with the Appurtenances, in three equal parts, to be divided, and it belongeth to the said C. the Son and his Heirs, to have the other part of the same Tenements, with the Appurtenances, in three equal parts, as aforesaid, to be divided, and it belongeth to the said J. and his Heirs, to have the third part, residue thereof to be held by them in severalty; so that the aforesaid H. of his part, belonging to him the said H. of the Tenements aforesaid, with the Appurtenances, and the aforesaid C. the Son, of his part belonging to him of the same Tenements, with the Appurtenances, and the aforesaid J. of the residue of his part, belonging to him the said J. of the Tenements aforesaid, with the Appurtenances, may severally improve to themselves, the aforesaid J. doth deny to make partition thereof between them, according to the Law and custom of this Common-wealth of England, and unjustly, doth not suffer the same to be done, &c.   

W. B. J. H. E. C. J. W. T. L E. D. and J. his wife, R. B. 
Partition between lieutenants, where the part of the Plaintiff is only severed from the residue.  and J. his wife, and J. F. were summoned to answer E. L. of a Plea; That whereas they the same E. W. J. E. C. T. E. D. and J. his wife, R. B. and J. his wife, and J. F. together and undivided, do hold sixty acres of Wood, and fifty acres of Heath-ground and Furs, with the Appurtenances, in E. They the said Defendants, do deny to make Partition thereof between them, according to the form of the Statute in this case provided, and do not suffer the same to be done, unjustly, and against the form of the Statute aforesaid, &c. And whereupon the same Plaintiff, by D. his Attorney, saith, That whereas he and the aforesaid Defendants together, and undivided, do hold the Tenements aforesaid, with the Appurtenances, whereof to him the said Plaintiff belongeth, to have the fourth part of the Tenements aforesaid, with the Appurtenances, in four parts to be divided, and the thirteenth part of the aforesaid three parts, residue in thirteen parts to be divided: And to the aforesaid Defendants, belongeth, to have the residue of the Tenements aforesaid, to be held by them in severalty: So that the said Plaintiff, of his aforesaid fourth part, and thirteenth part belonging to him the said Plaintiff, of the Tenements aforesaid, with the Appurtenances, and the aforesaid Defendants of the residue of the Tenements aforesaid, thereof belonging to them, may severally improve themselves, they the same Defendants deny to make Partition thereof between them, according to the form of the Statute in such case provided, and do not suffer the same to be done, unjusty, and against the form of the Statute aforesaid, &c. Whereupon he saith, that he is worsted, and hath damage to the value of twenty pounds, and thereof he bringeth Suir, &c.  
And the said W. B. &c. by S. their Attorney, and the aforesaid J. F. by D. H. who is admitted as Guardian of the said J. F. by the Court of Common Bench here, to prosecute for the said J. F. being within age, come, and defend the force and injury, when, &c. And the same Attorney saith nothing in Bar of the Action aforesaid, of the said Plaintiff, by which the same Plaintiff remaineth against the said W. B. &c. thereof undefended: And the aforesaid Guardian, saith, That he is not informed by the aforesaid J. F. of giving any answer for the same J. F. to the said Plaintiff, in the Plaint aforesaid, and saith nothing else thereof, by which the said E. L. remaineth against the aforesaid J. F. thereof undefended: therefore it is considered of that the Partition between the said Plaintiff and the aforesaid Defendants of the Tenements aforesaid, with the Appurtenances, may be made, &c. And it is commanded the Sheriff, that in his proper person he go to the Tenements aforesaid, with the Appurtenances, and in the presence of the parties aforesaid, by him the said Sheriff, to be warned, if they will be present, the Tenements aforesaid, with the Appurtenances, by the Oath of honest and lawful men of the County aforesaid, respect being had to the true value of the same Tenements, with the Appurtenences, he cause in four equal parts to be partend, and three parts thereof into thirteen equal parts to be partend, and one part of the same four parts and one other part of the same thirteen parts, of the same Tenements, with the Appurtenances, to the said Plaintiff, and the residue of the Tenements aforesaid, with the Appurtenances, to the said Defendants, he cause to be delivered and assigned, to be held in severalty; so that neither the aforesaid Plaintiff, nor the aforesaid Defendant, have more then to them belongeth to have: And that the aforesaid Plaintiff, of his parts aforesaid belonging to him the said Plaintiff, of the Tenements aforesaid, with the Appurtenances; And that the aforesaid Defendants of the residue of the Tenements aforesaid, with the Appurtenances thereof belonging to them, may severally improve themselves: And that he have here that Partition by him the said Sheriff, distinctly and openly so made( such a day) under his Seal, &c. and the Seals, &c. The same day is given to the said parties there, &c. Mich. 8.9. Eliz. Rot. 1844.   

SAlop. 
The Entry of a Warrant for a Guardian.  ss. It is granted by the Court, That H. D. may prosecute for J. F. who is within age, against E. L. of a Plea of making Partition, &c.    

Rescous.  
W. 
Ebor. ss. A Declaration in Rescue. Hill. 10 Eliz. Reginae, Rot. 841.  C. late of B. in the County of E. Yeoman, and W. B. late of B. in the County aforesaid Yeoman, were attached to answer J. C. Knight, of a Plea, That whereas he the said J. in his Fee, at B. for customs and services to him due, by Nicholas T. his servant, had caused to be taken certain cattle, and the same cattle, according to the Law and custom of the Kingdom of England, would have there impounded, the said W. and W. the same cattle by force and arms did rescue, and other enormities to him did, to the great damage of him the said J. and against the peace of our Lord the King that now is: And whereupon the said J. by J. W. his Attorney, complaineth, That whereas he,( such a day and year) in his Fee at B.( that is to say) in one hundred acres of Land called W. parcel of the Mannor of B. with the Appurtenances, in the County aforesaid, which T. B. then held of him the said J. as of his Mannor of B. in the County aforesaid, by Homage, Fealty, and unto Escuage of our Lord the King of forty shillings, when it shall happen, two shillings, and unto more, more, &c. and unto less, less, &c. And by the Rent of five and twenty shillings each year, at the Feast of Saint Michael the Arch-Angel, to be paid; as also by the service of doing svit to his Court of Wapentake of H. in the County aforesaid, from three weeks to three weeks, at the Wapentake aforesaid to be held; and by the Sheriff-gild of five shillings every year, at the Feast of Saint Michael the Arch-Angel, yearly to be paid, of which said Services, the said J. was seized by the hands of the aforesaid T. as by the hands of his true Tenant,( that is to say) of the Homage, Fealty, svit of Court aforesaid, as of his Fee and Right, and of the Escuage and Rent aforesaid, in his Demesne, as of Fee, by the aforesaid N. T. his servant, did cause to be taken certain cattle;( that is to say) two Cows, feeding upon the aforesaid hundred acres of Land, for the customs and services to him due and unperformed,( that is to say) for the Homage and Fealty, and for the Rent of five & twenty shillings for one whole year, ended at the Feast of Saint Michael the Arch-Angel,( such a year) being in arrear, as also for the svit of the aforesaid Court of Wapentake, held at H. aforesaid,( such a day and year) due: And the same N. the same cattle, according to the Law and Custom of the Kingdom of England, there would have impounded they the said W. and W. the aforesaid cattle, the day and year aforesaid, at B. aforesaid, by force and arms,( that is to say) with Swords, Staves & Knives, they did rescue, and other harms, &c. To the great damage, and against the Peace, &c. Whereupon he says, that he is damnified, and hath damage, to the value of ten pounds, and thereof he bringeth svit, &c.  
And the aforesaid W. and W. by H. D. their Attorney, 
Not guilty pleaded by one of the Defendants, and Non-tonure by the other.  come and defend the force and injury, when, &c. And the aforesaid W. says, That he is no wise guilty of the trespass and Rescous aforesaid, as the aforesaid J. C. hath above complained against him; and of this he puts himself upon the country, and the aforesaid J. in like manner: And the said W. B. as to the coming by force and arms, says, That he is in no wise thereof guilty; And upon this he puts himself upon the country, and the aforesaid J. in like manner: And as to the residue of the trespass and Rescous aforesaid, above supposed to be done, the said W. B. says, That the aforesaid J. ought not to have against him his aforesaid Action, because he saith, That the aforesaid T. B. held not of the aforesaid J. C. the aforesaid hundred acres of Land, as of his Mannor of B. aforesaid, by the services aforesaid, as the aforesaid J. by his Declaration aforesaid hath above supposed: And of this he puts himself upon the country, and the aforesaid J. in like manner: Therefore, as well to try this Issue, as the aforesaid other Issue above joined, command is given to the Sheriff, that he cause to come here fifteen days after Easter, twelve, &c.   

Ravishment of Ward.  
E. T. late of, 
York.  &c. was attached to answer Francis, Earl of Cumberland of a Plea, wherefore M. S. the daughter and heir of C. S. being within age, whose Marriage belongeth to him the said Earl at Crome found, he did force and led away against the will of him the said Earl, and against the peace of our Lord the King that now is: And whereupon the said F. Earl of Cumberland by M. E. his Attorney complaineth, That whereas the aforesaid E. S. father of the aforesaid M. did hold of him the said Earl, as of his Mannor of Loundosbroughe, in the County aforesaid, one messsage, one Garden, one Orchard, and forty acres of Land, with the Appurtenances in C. aforesaid, by Homage, Fealty, and unto Escuage of our Lord the King, when it shall happen, unto forty shillings, two shillings, and unto more, more, &c. and unto less, less, &c. and by doing service of svit unto the Court of the said Earl of his Mannor aforesaid, from three weeks to three weeks, at that Mannor yearly to be held, of which services the same Earl was seized by the hands of the aforesaid C. the father, as by the hands of his true Tenant,( that is to say) of the Homage, Fealty, and svit of Court aforesaid, as of his Fee and Right and of the Escuage aforesaid in his Demesne, as of Fee: And he the said C. the father, died in the Homage of him the said Earl( the aforesaid M. daughter and heir of him the said C. being then withing age) by which the marriage of that heir unto him pertained: And the same Earl was long in full and peaceable seizing of the said Heir,( that is to say) from( such a day and year) to( such a day and year) aforesaid, and the same day and year aforesaid, the said Heir being within age at C. aforesaid found, he did force and led away, against the will of him the said Earl, and against the peace of our Lord the King that now is: Whereupon he says, that he is damnified, and hath damage, to the value of six hundred pounds, and thereupon he bringeth svit, &c.  

T. T. lately of H. in the County aforesaid, 
Ebor. ss. A Declaration in Ravishment of ward, Trin. 19 Eliz. Regmae, Rot. 1105.  Husbandman, was attached to answer Henry Tempest Esquire, and Ellen his wife, of a Plea, wherefore he, together with A. his wise, F. S. the Son and Heir of F. S. being within age, whose marriage belongs to them the said H. and E. at C. being found, he did force and led away, against the will of them the said H. and E. and against the peace, &c. And whereupon they the same H. and E. by R. G. their Attorney, complain, That the said F. S. the father, was seized of five messages, an hundred acres of Land, &c. with the Appurtenances, in C. and S. 
Note that the Writ was brought against the husband and wife, and the Sheriff returns, that the woman was dead before the Writ purchased.  in his Demesne, as of Fee, and the same held of them the said Henry and E. as of their Mannor of C. in the County aforesaid, whereof they the same H. and E. in Right of the same E. were seized in their Demesne, as of Fee, by Homage, Fealty, and unto Escuage of our said Lady the Queen, of sixty shillings, when it should happen to twelve pence, and unto more, more, &c. and unto less, less, &c. and by the Rent of twelve pence every year, at the Feasts of Pentecost, and Saint Martin the Bishop in Winter, by equal portions to be paid, as also by doing service of svit unto the Court of them the said H. and E of their Mannor aforesaid, from three weeks to three weeks, at that Mannor to be held: Of which said services they the said H. and E. in Right of her the said E. were seized by the hands of the aforesaid F. S. the father, as by the hands of his true Tenant,( that is to say) of the Homage, Fealty, 
seizing of services.  and svit of Court aforesaid, as of their Fee and Right; and of the Escuage and Rent aforesaid, in their Demesne, as of Fee: Which said F. S. the father died in the Homage of them the said H. and E.( The aforesaid F. S. the Son and Heir of him the said F. S. the father, then, and as yet being within the age of one and twenty years, whereby the custody and marriage of him the said F. S the son to them the said H. and E. in Right of her the said E. did pertain; and they the said H. and E. the Heir aforesaid,( such a day and year) into their possession did seize: Which day the aforesaid T. together with the aforesaid A. his wife, the aforesaid F. S. the Son and Heir of the said F. S. the father, being within age, whose marriage belongeth to them the said H. and E. at C. aforesaid found, he did force and led away, against the will of them the said H. and E. and against the peace of our said Lady the Queen that now is: Whereupon they say they are damnified, and have damage to the value of two hundred pounds, and thereupon they bring svit, &c.  
And the aforesaid T. by W. B. his Attorney, 
A judgement by Non inform. and a Writ of Inquiry awarded.  comes and defends the force and injury, when, &c. And the same Attorney says, That he is not informed by the same T. his Client of any answer for the aforesaid T. to be given to the said H. and E. in the Plaint aforesaid, and saith nothing else thereto, by reason whereof the same H. and E. should remain against the aforesaid T. thereupon undefended; for which the aforesaid H. and E. their damages, by reason of the force and leading away aforesaid against the said T. ought to recover; But because it is not known what damages the aforesaid H. and E. have sustained, by reason of the force and leading away aforesaid; Command is given to the Sheriff, that by the Oath of honest and lawful men of his Bailiwick, he diligently inquire what damages the aforesaid H. and E. have sustained, as well by reason of the force and leading away aforesaid, as for their costs and charges by them about their svit in that behalf laid out; and also how much the marriage of F. S. the Son, according to the true value thereof is worth; and whether the same F.S. be of full age, and married or not: And the Inquisition which, &c. the Sheriff shall make known here in eight days after Saint Michael, under the Seal, &c. and the Seals, &c. The same day is given to the aforesaid H. and E. here, &c. ford.    

Replevin.  
E. K. was summoned to answer T. H. wherefore he took three tuns of six hundred pounds weight, 
Replevin in the Detinet and Detinuit.  one quarter and four pounds weight of Iron of him the said T. and some of the same goods unjustly doth detain, and some of the same goods unjustly hath detained, against Pledges and Sureties, &c. And whereupon, &c.( such a day and year) at A. in a certain place, called, The Hammer-Mill, did take the said three tons, &c. of him the said T. to the value of fifty pounds, and two tons, &c. thereof doth yet unjustly detain, against Pledges and Sureties, &c. And the residue of the same goods,( that is to say) &c. hath unjustly detained against Pledges and Sureties, until, &c. Whereupon he saith, &c. And he prayeth the delivery of the same two, &c. to be made to him the said T. &c. Hill. 5 Jac. Rot. 1412.  

AND the said H. 
Tender of am●nds pleaded in Replevin.  saith, &c. The just taking of, &c. ought not to avow, because he saith, That after the aforesaid time of the taking of the cattle aforesaid, in the aforesaid place, in which, &c. And before the day of the issuing forth of the original Writ of him the said H.( that is to say) such a day and year aforesaid, at W. aforesaid, he the same H offered six pence to pay to the said W. and J. to the use of the said W. for the damages of the said W. which he sustained by occasion of the trespass aforesaid, with the cattle aforesaid, in the aforesaid two acres of Land made, which said six pence, were sufficient amends for the trespass aforesaid, with the cattle aforesaid, in the said two acres of Land made, which said six pence, the aforesaid W. and J. then and there wholly refused to receive o● the same H. And this, &c.  
See Hill 9 Jac. Rot. 1895. 
Note.  A demurrer upon this Plea, for the tender of amends, ought to be preferred before the impounding to the party himself, and not to his Bailiff afterwards, and so it is resolved in the Case between Pilkington and Hastings, cook, L. 5. Fol. 76.   

AND the said B. &c. when, &c. And well avoweth, &c. 
Avow it in Replevin b● an● O●e seer chosen in the Court Baron.  Because he saith, That the same place, &c. doth contain, &c. did contain, &c. in it, ten acres of Land, &c. and that long before the aforesaid time, in which, &c. one R. S. Esquire, was seized of the Mannor of B. with the Appurtenances, in the County aforesaid, whereof the aforesaid place, in which, &c. is, and the aforesaid time in which, &c. And also time out of mind, was parcel in his Demesne, as of Fee; and that the customary Tenants residing within that Mannor, from the whole time aforesaid, or the greater number of them, were used to appear in the Court Baron of the Mannor aforesaid, and were accustomend at the Court Baron within that Mannor, before the Steward of the same Court for the time being, once in every year to be held, to choose certain Overseers, of the Lands and Fields not separated nor enclosed, of the Mannor aforesaid, to keep and preserve the Lands, from all and all manner of cattle, to the benefit and profit of the Tenants and Inhabitants aforesaid, for one whole year then next following: And the Overseer, or Overseers thereof, from the whole time aforesaid, had authority to impound all manner of cattle, doing any damage or trespass within the Mannor aforesaid, against any Order which in the Court Baron of the Mannor aforesaid, before the Steward of the same Court for the time being, as by the customary Tenants aforesaid, and the residents of that Mannor, or the greater number of them should be taken and agreed upon; And the Tenants, and those residents then in the Court aforesaid, before the Steward of the Mannor aforesaid appearing, and all other customary Tenants and residents aforesaid at the Mannor aforesaid, at the Election and Order aforesaid, in form aforesaid to be made and taken, were held and obliged to keep the same, according to the custom aforesaid: And the same B. saith, That the aforesaid R. being seized of the Mannor aforesaid, with the Appurtenances, in form aforesaid, at the Court Baron of him the said R. of his Mannor aforesaid, held at that Mannor, before the said time, in which, &c. before H. then Steward of him the said R. of his Mannor aforesaid, the aforesaid B. by one T. and R. and others, being the greater number of the customary Tenants of the Mannor aforesaid, was chosen Overseer of the Lands and Fields not separated, nor enclosed within the Mannor aforesaid, for one whole year then next following, and then and there in the same Court by the customary Tenants and Residents aforesaid, before the Steward aforesaid it was ordered, that the aforesaid ten acres of Pasture, in which, &c. then in the Fields not separated, nor enclosed within the Mannor aforesaid being, should be kept by the said B. from all and all manner of cattle, from such a Feast then next following, until the Hay there growing should be mowed and carried from thence, with this, that the said J. will aver, that the aforesaid N. was one of the customary Tenants of the Mannor aforesaid: And because the aforesaid cattle the aforesaid time, in which, &c. were in the aforesaid Close, in which, &c. before the grass there growing was mowed, and the Hay carried from thence, against the Ordinance aforesaid, in form aforesaid made, eating the grass there then growing, and damage there doing, the same B. well avoweth the taking of the cattle aforesaid, in the aforesaid place, in which, &c. And justly, &c. damage there so doing, &c.  
Ought not to avow, 
Replication.  &c. because he saith, That the aforesaid R. was seized of the aforesaid ten acres, in which, &c. and demised the same to the said N. without this, that it was ordered in the aforesaid Court of the Mannor aforesaid, by the customary Tenants and residents of that Mannor, or by the greater part of them, that the aforesaid ten acres of Land, in which, &c. should be kept, &c. by the said B. from all cattle from the Feast, &c. until, &c. as, &c. And this, &c. Whereupon, for as much, &c. and Issue thereupon, Trin. 19 Eliz. Rot. 102.   

WHen, 
Avowry for Rent-charge. made by Will.  &c. and the said L. as Bailiff of J. S. well avoweth, &c. doth contain, &c. where of one A. S. Gent before the aforesaid time, in which, &c. was seized in his Demesne, as of Fee, and held the same ten acres of Land, with the Appurtenances of A. B. of his Mannor of C. in the County aforesaid in Free Socage,( that is to say) by Fealty onely for all services; and so being thereof seized, the same A. S. before the aforesaid time in which, &c.( that is to say)( such a day and year) at W. made his last Will in writing, and by his same Will, willed and bequeathed, that the Land of him the said A. S. not bequeathed, should stand bound, charged, and obliged, with the payment of one hundred and sixty pounds to his four daughters,( that is to say) E. S. F. S. the said J. S. and A. S. for the payment of twenty pounds during the space of eight years, to begin with his eldest daughter, and end with his younger daughter; which said payments should begin by one whole year, next after the death of the aforesaid A S. Which said sum of one hundred and sixty pounds, the said A. by his same Will, willed and bequeated to his said four daughters, issuing out of his Lands aforesaid, and to be paid yearly by twenty pounds, as is above said; and for not payment thereof, that it should be lawful to and for his same daughters, and every one of them, to enter into his Lands aforesaid, or any part or parcel thereof, and to distrain, and to keep and detain his distress and Distresses there so had and taken, until they and every of them should be fully satisfied of the aforesaid sum, according to the true intent of his last Will aforesaid. It was also provided by his same Will, and further the aforesaid A. by his same last Will willed, That if the aforesaid E. S. F. S. J. S. and A. S. or any of them should happen to die, before any of them should accomplish the full age of one and twenty years, her portion so bequeathed, as aforesaid, should remain and be to G. S. the right Heir of him the said A. S. as in the same last Will amongst other things, is more fully contained, and afterwards, and before the aforesaid time in which, &c.( that is to say)( such a day and year) he the said A. S. at W. aforesaid died of such his Estate, of & in the aforesaid ten acres of Land, with the Appurtenances, in which, &c. seized: And the same J. S. further saith, That the aforesaid E. S. was the eldest begotten daughter of the aforesaid A. the said F. S. the second daughter begotten of him the said A. the said J. S. the third daughter begotten of him the said A. and the said Anne was the last daughter begotten of him the said A. And that the aforesaid ten acres of Land, with the Appurtenances, were not bequeathed by the said last Will of the said A. and because twenty pounds of the said one hundred and sixty pounds for one whole year, ended( such a day and year) and another twenty pounds of the said hundred and sixty pounds for one whole year, ended( such a day and year) to the said J. in the same years, according to the true intent of the said last Will of the said A. payable to the said J. at the same time, in which, &c. were behind unpaid, the same Defendant, as Bailiff of the said J. S. well avoweth the taking of the cattle aforesaid, in the aforesaid place, in which, &c. for the same several sums of twenty pounds to the same J. S. as aforesaid payable, and to her as aforesaid, being behind, and justly, &c. as in the Lands chargeable, and obliged with the distress of her the said J. in form aforesaid, &c. with this, that the same J. S. will aver, that the said J. is yet living and in full life,( that is to say) at W. aforesaid, &c.    

trespass.  
Kent. T. M. late of Feversham, in the County aforesaid, Yeoman, 
An Action of trespass, Mich. 5 Car. Regis.  was attached to answer unto Maximilian Dansey, of a Plea, wherefore by force and arms, the Close and House of him the said M. at Dover, he broken, &c.  
And the aforesaid Thomas, by John Pomroy his Attorney, 
Te Defendant demands judgement of the Writ, being sued ou● of the Cinque ports.  comes and defends the force and injury, when, &c. and demands judgement of the Writ aforesaid, because he saith, That the aforesaid place, in which the trespass aforesaid is above supposed to be done, is, and the aforesaid time wherein, &c. was within the Town and Port of Dover, in the County aforesaid, which said Town is, and time out of mind, was one of the Cinque-Ports, where the Writ of our Lord the King is not of force; and this he is ready to aver, whereupon he preys judgement, whether the Court of our said Lord the King here will further justify the aforesaid Plea, &c.  

PEter C. 
Cernub. ss.  lately of C. in the County aforesaid, Gent. was attached to answer J. R. the younger, of a Plea, wherefore, by force and arms the Close of him the said J. at Dale, he broken, and his grass there growing, to the value of an hundred shillings, with trampling of feet he did tread down and consume, and other harms, &c. to the damage of the Plaintiff, 
The Defendant pleats the Plaintiff within age to bring his Action, and should have brought it by Guardian and not by Attorney.  an hundred shillings, and thereupon he brings his Action.  
And the aforesaid P. by J. Pomeroy his Attorney, comes and defends the force and injury, when, &c. and says, That the aforesaid J. R. ought not to have his Action aforesaid against him, because he says, That the aforesaid J. R. the day and year in the Declaration aforesaid, above specified, to wit, the twentieth of Octob. in the year of our Lord the King, that now is, the fifth, and the day of the issuing forth of the original Writ of him the said J. R.( that is to say) the first day of June, in the seventh year of the Reign of our Lord the King that now is, was within the age of twenty one years; and that the aforesaid J. R. hath declared against him the said P. C. in the Plaint aforesaid, by his Attorney, whereas by the due form of Law, he ought to have declared by his next friend; and this he is ready to aver, whereupon he preys Judgement, whether the aforesaid J. R. ought to have his Action aforesaid against him.   

T. B. late of W. in the County aforesaid, 
Somerset. ss. A Declaration for several Trespasses with a con●inuance.  Yeoman, was attached to answer F. A. the elder, and F. A. the younger, of a Plea, wherefore by force and arms, the Close of them the said F. and F. at W. he did break, and their Corn and grass, to the value of one hundred shillings, there lately growing, with certain cattle, did eat up, tread down, and consume; as also other of their grass; to the value of forty shillings, there in like manner growing, walking with their feet, he did tread down and consume, and other harms to them did, to the great damage of them the said F. and F. and against the Peace of our said Lord the King that now is, and thereupon the said F. and F. by J. B. their Attorney, complain, that the aforesaid T.( such a day and year) by force and arms, &c. the Close of them the said F. and F. at W. did break, and their Corn,( that is to say) Wheat Rye, Barley, Pease, Beans, and Oats, and their grass, then there growing, to the value, &c. with certain cattle,( that is to say) with Horses, Oxen, Cows, Swine, and Sheep he did eat up, tread down and consume; as also other of their grass, to the value of, &c. there in like manner growing, walking with feer, he did treat down and consume, the trespass aforesaid, above last mentioned; as to the treading down and consuming the grass aforesaid, by walking with their feet, from the aforesaid,( such a day and year) above specified unto the( such a day and year) then next following, by divers days and turns continuing, and other harms, &c. to the great damage, &c. and against the Peace, &c. whereupon they say they are damnified, and have damage to the value of twenty pounds, and thereupon they bring svit, &c.   

trespass, 
For taking away an He●r in the life of his father.  wherefore by force and arms he took and led away Elizabeth, Daughter and Heir apparent of her the said J. at B. found, and other Enormities, &c. M. 6 H. 6. Rot. 308.  
trespass, wherefore by force and arms, J. 
Otherwise of an Heir by Guardian.  Daughter and Heir of him the said Plaintiff, whose marriage did belong to him the said Plaintiff at O. found, did take and led away, and other Enormities, &c. Trin. 8 H. 6. Rot. 311.   

trespass, wherefore by force and arms, 
Taking a prisoner.  the Close of him the said Plaintiff at M. did break, and on him the said Plaintiff, made an assault, and J. N. his prisoner in the War lately taken, there found, did take and led away, and other Enormities, &c.  
And the said Defendant saith, That he the said R. N. was wandring, 
The Defendant took him as a wanderer.  by which, &c. without this, that the aforesaid R. N. was prisoner of the said Plaintiff, late of War, of the Lord the King, as the said Plaintiff above doth complain against him: And this, &c. The Plaintiff replieth the contrary. P. 5 H. 6. Rot. 317.   

trespass, wherefore by force and arms, O. of N. 
Otherwise.  prisoner of him the said Plaintiff, in War taken, at N. sound he took and lead away, and other Enormities, &c. Trin. 8 H. 4. Rot. 109.   

SUrrey. ss. O. B. late, &c. was attached to answer E. N. of a Plea. 
For several Trespasses at several days.  wherefore by force and arms, the Closes of him the said Plaintiff at T. and N. he did break, and twenty heifers of him the said Plaintiff, of the price of forty Marks, there lately found, did take and led away, and the Hedges and Ditches of him the said Plaintiff at T. did destroy and lay flat to the ground, and other Enormities to him offered, to the great damage of him the said Plaintiff, and against the public peace: And whereupon the said Plaintiff by S. his Attorney doth complain, that the aforesaid Defendant( such a day and year) by force and arms, the Closes of him the said Plaintiff at T. and N. did break, and four Heysers of him the said Plaintiff of the cattle aforesaid, and( such a day) then next following, by force and arms, four other Heifers of him the said Plaintiff likewise of the cattle aforesaid; and also( such a day) then next following, by force and arms, twelve Heifers residue of the cattle aforesaid, of the price, &c. there lately found, did take and led away: And( such a day and year) by force and arms, the Hedges and Ditches of him the said Plaintiff,( that is to say) in longitude thirty perches, and in latitude eight feet, at, &c. did destroy and lay flat to the ground; and other Enormities, &c.   

TRespass, 
For pasturing· Sheep in a rotten Pasture, by reason whereof they died.  wherefore by force and arms, the Close of him the said Plaintiff at L. did break, and two hundred and sixty Sheep of the price of forty pounds of his the said Plaintiffs, there lately found, did take, and did chase them to a certain corrupt Pasture, within the Village aforesaid, out of malice detaining those Sheep so long upon the Pasture aforesaid, that those Sheep by corruptness of that Pasture, becoming rotten and infected, died: And other Enormities, &c. H. 14 H. 4. Rot. 403.   

TRespass, 
For fishing in a free fishing, and breaking the Pond.  wherefore, with force and arms, in the free fishing of him the said H. at C. he did fish, &c. And the Pond of his Mill there did break, by which the water in the same Pond wholly ran out, by which, &c. the profit, &c.   

TRespass, 
For driving a Cart with horses over the Plaintiff.  wherefore with force and arms, he did drive a certain Cart and six Horses, in the same Cart coupled together, upon him the said Plaintiff, by which the same Plaintiff was thrown to the ground, and two ribs on his left side were broken: And other Enormities, &c.   

TRespass, 
For taking of Pigeons.  wherefore by force and arms, the Close and House of him the said Plaintiff at D. he did break, and the Pigeons of his Dovehouse there lately found with Nets and other engines, did take and carry away, by which the same Plaintiff his flight of his Pigeons aforesaid wholly lost, and other Enormities, &c. H. 2 H. 6. Rot. 158.   

TRespass, 
Otherwise.  wherefore by force and arms, the Pigeons of the Dovehouse of him the said Plaintiff at D. found with Nets and other engines, did take and carry away, by which the same Plaintiff, the flight of his Pigeons aforesaid, by a great time lost, &c. H. 2 H. 6. Rot. 158.   

TRespass, wherefore by force and arms, 
For erecting a house so near the walls of the Plaintiff, that the timber became rotten.  he did erect a certain House so near the walls of the said Plaintiff at C. that the timber of the walls aforesaid, became rotten by the showers of rain from the said House so erected, upon the same walls descending, and doth threaten the ruin of the House of him the said Plaintiff, and other Enormities, &c. M. 8 H. 5. Rot. 158.   

TRespass, wherefore by force and arms, 
For putting of dirt so near the Plaintiffs door, that he could not go out.  he put Mud and other foulness, so near the House of the Plaintiff at E. that the same Plaintiff could not enter into his House, and go out from the same by a great time, and other Enormities, &c. M. 8 H. 46. Rot. 1145.   

TRespass, wherefore by force and arms, 
For drowning the Plaintiffs Corn being in a House.  he did so fill up a certain Water in W. with earth and mud, and fastened so many Stakes and Posts in the same Water, that the Water going out from the said Water did overflow the Corn of him the said Plaintiff, being in his houses there in sheaves, to the value of ten pounds, by which the Corn aforesaid was wholly corrupted and consumed: And other Enormities, &c. M. 3 H. 6. Rot. 424.   

TRespass, wherefore by force and arms, 
For drowning of a Meadow with water.  he did dig in the Soil of him the said D. at M. and took and carried away the earth from thence cast forth, to the value of forty pounds, and did obstruct the course of a certain current of Water, in a certain Mote and River called M. River, near the Mill of W. and fill the course of a certain current of water in the same River, against Ship Meadow, at the aforesaid Town of M. with earth, mud, and other filthiness; so that the water going over the banks of that Mote, did overflow the Meadow of the said D. adjoining to the said Mote: By which the same D. by a great time lost the profit of his Meadow aforesaid: and other Enormities, &c. M. 24 H. 6. Rot. 650.   

TRespass, 
For overflowing a Common with water.  wherefore by force and arms he did keep the flood-gates of a Mill-pond at M. so long shut, that the water of the Mill-pond aforesaid, being hindered from his due course, by shutting of the Flood-gates aforesaid, did overflow the banks of the Pond aforesaid, running upon the common of him the said Plaintiff, in three hundred acres of Pasture there adjoining to the said Pond, by which the said Plaintiff by a great time lost the profit of his common aforesaid, and other Enormities, &c. H. 11 H. 6. Roll. 131.   

TRespass, 
For taking away wants.  Wherefore by force and arms he broken the Close of the said Plaintiff at T. and took and carried away sixty of his Pheasants of the price of forty pounds there found, and other Enormities, &c. M. 4 H. 6. Roll. 312.   

Trespass, 
For breaking the Close, and consuming the grass.  Wherefore by force and arms, the Close and House of the said Plaintiff, at A. he did break and did mow his grass there lately growing, and did take and carry away the Hay theref coming, to the value of forty pounds, and did eat up, tread down, and consume with certain cattle, his grass there lately growing, to the value of forty pounds, and there, with certain Carts did root up his Soil, by which the same J. by a great time lost the profit of his Soil aforesaid, and other Enormities, &c. H. 19 H. 6. Roll. 118.   

J. M. 
For breaking the House of an Administrator, and taking away cattle, which were, &c. under the custody, &c.  was attached to answer B. F. Administrator of the goods and chattels which were of D. who died intestate, &c. of a Plea, wherefore by force and arms, he broken the Close and House of him the said Administrator, at W. and took and driven away ten Cows there found, which were of him the said D. of the price of forty pounds, under the custody of him the said Administrator there found, did take and carry away; And other Enormities to him offered in delay of the Administration aforesaid, and against the peace, &c. M. 33 H. 8. Rot. 544.   

AND as to the taking of the coney aforesaid, 
Amends pleaded for killing of a coney.  That he in going by the public High-way, there killed the coney aforesaid, leaping before him, for which he often offered to pay the said Plaintiff reasonable amends,( that is to say) Eight pence for that coney, and now is ready here in Court to satisfy him thereof by the discretion of the Justices, &c. And this, &c. And because the Justices are not yet advised to render judgement of the taking of the coney aforesaid: Therefore day is given to the parties aforesaid, thereof here at the aforesaid Term.   

TRespass, 
For digging in a Leadin mine and taking away the Ore.  wherefore by force and arms he did break the Close of him the said Plaintiff at D. and did dig in his Leaden mine, and the Leaden Ore thereof cast forth, to the value of forty pounds, did take and carry away, &c. H, 27 H. 8. Rot. 112.   

trespass, wherefore by force and arms, he did take, imprison, 
For imprisoning and ill using the Plaintiff.  and evil deal with him the said Plaintiff, at London: and in the Declaclaration, express the Parish and Ward, &c.   

IN Trespass, the Defendant peaded an outlawry against the Plaintiff, 
Outlawry pleaded in Bar, the Plaintiff replieth that he was inhabiting in another County when he was so outlawed.  and the Plaintiff replieth, and saith, That he at the time of the outlawry, was inhabiting in another County, then where he is name in the original Writ, and at the Assizes, the Plaintiff doth not prosecute.   

IN Trespass for taking of Sheep, the Defendant justifieth the taking, 
Justification by reason of a recovery in the hundred Court.  by reason of a Plaint levied in the hundred Court, and a Precept of causing to be levied, by virtue of a Recovery in the same Plaint: and the Plaintiff replieth and saith, That the said B. did not recover against him the said Plaintiff, the aforesaid ten pounds, nor any penny thereof in the said Court of the Hundred aforesaid, as the aforesaid Defendant hath above alleged: And this, &c. Therefore twelve, &c. Trin. 30 H. 6. Rot. 530.   

IN Trespass the Defendant pleaded, Not guilty, and at the Assize, 
Arbitrement pleaded after the last continuamce, Rep●ication, No such Arbitrement.  the Jury appear; and the Defendant saith, That after the last continance of the Plea aforesaid, the aforesaid Plaintiff, and the same Defendant put themselves in Arbitrement: And the Plaintiff replieth and saith, no such Arbitrement: and so to issue, and the Venire facias awarded, M. 31 H. 6. Rot. 121.   

SUrrey ss. In Trespass an Arbitrement made at D. 
A●bytrement after A●bitrement pleaded after the last continuance,  in the County of Buck pleaded, &c. and the Plaintiff saith, That he did not submit, nor put himself in Arbitrement, and so to issue: And so at Assize at Nisi prius, the Defendant pleaded an Arbitrement after the last continuance of the Plea, &c. And the Plaintiff demurreth in Law there, and at the day in the Bench, and judgement for the Plaintiff, T. 6 H. 6. Rot. 248.   

BUck. ss. In Trespass for taking and driving away cattle, 
Note this, When one claims property in cattle when the Sheriff cometh to replevie cattle, and another taketh the cattle by delivery of the Sheriff, he is a Trespasser.  the Defendant saith, That the Sheriff of the County aforesaid, at his County Court, held at S.( such a day and year) made to the same Defendant a Replevie of the cattle aforesaid, by virtue whereof, the same Defendant took the cattle, as, &c. And the Plaintiff saith, That he at the aforesaid time of the delivery of the cattle aforesaid, claimed property of the cattle; and this, notwithstanding the same Defendant made delivery of the cattle, &c. And the aforesaid Defendant saith, That the aforesaid Plaintiff had other cattle then those name in the Writ, of which the aforesaid Plaintiff claimed property, Without this, That the aforesaid Plaintiff claimed property of the same cattle name in the Writ, &c. And the Plaintiff saith otherwise, T. 6 H. 6. Rot. 417.   

R. E lately of S. in the County aforesaid, 
Wilt. ss. trespass for taking a Colt and fettering and detaining of him, Hill. 20 Jac. Rot. 1992.  Yeoman, and W. E. lately of E. in the County aforesaid, Yeoman, were attached to answer E. Pleydall, Gentleman, one of the Attorneys of the Court of our Lord the King, of his Bench, of a Plea, wherefore by force and arms, one Mare-Colt of him the said E. P. of the price of ten pounds, at S. lately found, they took away, and her from thence to W. they lead away, and there fettered, and her so fettered, they so long detained, that the Colt aforesaid was very much wronged, and other harms to him did, to the great damage of him the said E. and against the peace of our Lord the King that now is; and whereupon the said E. in his proper person complains, that the aforesaid R. and W. the eighteen day of July, in the nineteenth year of the Kings Reign, &c.( as above, damage twenty pounds.)  
And the aforesaid R. 
The Defendant pleads not guilty as to part, and justifies the rest as proper to his Office of being tithing man, the Colt being st●ay.  and W. by S. martin, their Attorney, come and defend the force and injury, when, &c. And as to the coming by force and arms, as also the leading away of the Mare-Colt from S. aforesaid, to W. aforesaid, they say, that they are in no wise thereof guilty, as the aforesaid E. hath above against him complained, and of this they put themselves upon the country, and the aforesaid E. thereupon, in like manner; and as to the residue of the Trespass aforesaid, above supposed to be done, they the said R. and W. say, That the aforesaid E. ought not thereupon to have his Action aforesaid against them, because they say, that before the time aforesaid wherein the Trespass aforesaid is supposed to be done, one Edward, Earl of Hertford, was seized of the Mannor of S. with the Appurtenances, in the County aforesaid, in his Demesne, as of Fee: and the same Earl, and all those, whose Estate the same Earl hath in the Mannor aforesaid, with the Appurtenances, time out of mind, have had, and have used to have all, and all manner Strays, coming within the Precinct of the Mannor aforesaid, and the aforesaid Earl being so seized of the Mannor aforesaid, the same Earl before the said time, wherein, &c. of the same Mannor, 
Feoffment of the Mannor.  with the Appurtenances, did enfeoff W. Lord Georges, and Gilbert Pryn, Knight, to hold to them and their Heirs, to the use of the aforesaid Earl, and one Frances his then wife, and the Heirs and Assigns of him the said Earl for ever, by virtue of which said Feoffment, and by force of a certain Act in the Parliament of our Lord King Henry the eighth at Westminster in the County of Middlesex the fourth Day of February in the twenty seventh year of his Reign of tran●ferring uses into possession, holden, published, and provided, the aforesaid Earl and F. were seized of the Mannor aforesaid with the Appurtenances, that is to say, the same Earl in his Demesn as of Fee, and the aforesaid F. in her Demesn as of Freehold for term of her life; and being so thereof seized, the aforesaid Earl, after and before the said time, wherein, &c. at S. aforesaid, dyed of such his Estate seized, and the aforesaid F. him survived, and held her self in the Mannor aforesaid with the Appurtenances, 
Custom to take Strays.  and was thereof sole seized in her Demesn as of Freehold for term of her life, by Right accrueing, &c. And the same R. and W. further say, That within the Mannor aforesaid, there is, and time out of mind there hath been such a custom, That if any Beasts or cattle shall come within the Mannor aforesaid as Strays, that then the Tything-man of the Town of S. aforesaid, for the time being, was used and accustomend to seize such like Beasts or cattle so coming within the Mannor aforesaid, as Strays, and the same in the Markets and Fairs next adjoining to the said Mannor, according to the Law and Custom of this Realm of England, 
Proclamation in the Market.  caused to be proclaimed, and the same to keep in their custody, to the use of the Lord of the Mannor, until the same Beasts, or cattle, shall be lawfully claimed by the owner of them, or shall be forfeited to the Lord of the Mannor aforesaid for want of claim; and the same R. further saith, That he the eighteen day of July, in the nineteenth year aforesaid, was Tything-man of the aforesaid Village of S. and that the Mare-Colt aforesaid, in the Declaration aforesaid above specified, 
tithing man,  the aforesaid eighteen day of July, came within the Mannor aforesaid as a Stray, and there as a Stray remained, by which the said R. being, as aforesaid, tithingman of the aforesaid Village of S. and the aforesaid W. as Servant of him the said R. and by his command after, that is, to wit, the aforesaid eighteen day of July, in the nineteenth year aforesaid, the aforesaid Mare-Colt found within the Mannor aforesaid, to the use of the aforesaid F. then being Lady of the Mannor aforesaid, they took and seized, as it was lawful for them to do, and the aforesaid Colt in certain Pasture of his the said R. within the Mannor aforesaid, they kept: and the same R. and W. further say, That the Mare-Colt aforesaid, at the time of the taking and seizure thereof, was so strong, 
justify the se●toing by reason of the unruliness.  violent and wild, that she could not be kept within any Pasture without Fettering, by which he the said R. and the aforesaid W. as the Servant of him the said R. and by his command, the same Colt, lest he should escape out of the same Pasture of him the said R. to do any hurt unto the Neighbors, there they did fetter her with certain Fetters, and her so fettered for the space of five Weeks then next following for the reason aforesaid, they kept, as it was lawful for them to do, and the said R. afterwards did deliver the Colt aforesaid to him the said E. claiming the same Colt to be the proper Colt of him the said E. which said taking and seizing of the Colt aforesaid, and fettering of the same Colt, and detaining of the same fettered in form aforesaid done, are the same taking and fettering of the said Colt, and detaining thereof fettered, whereof the aforesaid E. hath above now complained, and this they are ready to aver; whereupon they pray judgement, whether the aforesaid E. ought thereupon to have his Action against them, &c.  
And the aforesaid E. says, 
The Plaintiff demurs to the aforesaid Plea.  That the aforesaid Plea of the aforesaid R. and W. as to the taking and fettering of the Colt aforesaid, and the detaining of him fettered above in Bar pleaded, That that Plea in manner and form aforesaid pleaded, and the matter in the same contained, doth not hold sufficient in Law to debar him the said E. from having his Action aforesaid thereupon against them the said R. and W. and that he to that Plea in manner and form aforesaid pleaded hath no necessity, nor by the Law of the Land is bound to answer, and this he is ready to aver; whereupon for want of sufficient answer of the aforesaid R. and W. in that behalf, he the said E. preys judgement, and his Damages, by reason of the same Trespass, to be adjudged unto him, &c.  
And the aforesaid R. 
The Defendants join in demurter.  and W. for that they have above alleged sufficient matter in Law, to debar the aforesaid E. from having his Action aforesaid against them the said R. and W. as to the taking and fettering of the Colt aforesaid; and the detaining of him fettered above supposed to be done, which they are ready to aver; which said matter the aforesaid E. doth not deny, nor in any manner answer unto it, but doth altogether refuse to admit of that averment as formerly they pray judgement, and that the aforesaid E. may be debarred from having his Action aforesaid against them, &c. And because the Justices here will advice themselves of and upon the premises, whereupon the parties aforesaid have above put themselves upon the judgement of the Court, 
Demurrer and Issue.  before judgement thereupon be rendered. Day is given to the parties aforesaid here, until fifteen days after Easter, of hearing thereupon their judgement, &c. because the same Justices here thereupon have not as yet, &c. And as to the trying of the Issue aforesaid above joined, Command is given to the Sheriff, That he cause to come here at the aforesaid Term, twelve, &c.   

J. C. 
London ss. Ass●ult, battery, false imp●isonment, Hil. 19 Jac. Rot. 20, 25  lately of B. in the County of H. Gentleman, and T. H. lately of, &c. were attached to answer R. Davies of a Plea, wherefore by force and arms on him the said R. at London, they made an assault and him beat, wounded, evil entreated, and imprisoned, and him there in Prison, against the Law and Custom of the Realm of our Lord the King of England, for a long time detained, and other harms to him they did, to the great damage of him the said R. and against the peace of our said Lord the King; and whereupon the said R. by I. L. his Attorney, complains, that the aforesaid I. and T.( such a day and year) by force of arms, that is to say, with Swords, Staves, and Knives, on him the said R. at London, in the Parish of Saint Maery Bow in the Ward of Cheap, made an assault, and him beat, wounded and imprisoned, and him there in prison against the Law and custom of the realm of our Lord the King of England, for a long time, that is to say by the space of ten dayes they detained, and other harms, &c. to the great damage, &c. And against the peace, &c. whereupon he says he is damnified, and hath damage to the value of an hundred pounds: And thereupon he brings Suite, &c.  
And the aforesaid I. and T. by Thomas Carpenter their Attorney, 
The Defendant pleads not guilty to part, and to the residue he justifies as under Sheriff of the County of Heref.  come and defend the force and injury, when, &c. And as to the coming by force and arms, as also the whole trespass aforesaid, besides the assault and imprisonment aforesaid above supposed to be done, the same I. and T. say. That they in nothing are thereof guilty, as the aforesaid R. hath above against them complained: And of this they put themselves upon the country; and the aforesaid R. thereupon in like manner. And as to the assault and imprisonment aforesaid above supposed to be done. They the said I. and T. say. That the aforesaid R. ought not to have his Action aforesaid thereupon against them because they say, that at the aforesaid time wherein the assault and imprisonment aforesaid is supposed to be made, one H. W. Esquire, was Sheriff of the County of Heref. and that the same I. C. the same time wherein, &c. was Under-Sheriff of him the said H. W. of the same County of H. And that before the said time wherein the assault and imprisonment aforesaid is supposed to be made( to wit, such a day and year) out of the Court of our Lord the King of his Bench here, to wit at Westminster, at the prosecution of one R. R. Gentleman, then being one of the Atorneys of the Court of our said Lord the King of his Bench here, there did issue forth a certain Writ of the said Lord the King of an Attachment of privilege, at the svit of him the said R. directed to the then Sheriff of the aforesaid County of Hereford, By which said Writ, our Lord the King that now is, commanded him the said then Sheriff, that he should Attach the aforesaid R. so that he might have him before the Justices of our said Lord the King at Westminster aforesaid, on Wednesday next after a month of Easter, to answer the aforesaid R. R. one of the Attorneys of the Court of our Lord the King of his Bench here, according to the Liberties and Privileges of the same Court for the like Attorneys and other Ministers of the same Bench, time out of mind used and approved in the same, in a Plea of Trespass upon the Case, and that he should have there that Writ: Which said Writ the aforesaid R. R. afterwards, to wit( say a day, year, and place) delivered to him the said J. C. then being Under-Sheriff of the aforesaid H. W. being then the Sheriff of the aforesaid County of Heref. in form of Law to be executed: By virtue of which said Writ, he the said J. the Under-Sheriff( of the aforesaid H. W. the Sheriff of the aforesaid County of H) as aforesaid being, and the aforesaid T. as Servant of him the said J. and by his command, the aforesaid time wherein, &c. at the city of H. in the aforesaid County of H. the aforesaid, R. D. took and arrested, and him in their custody upon that occasion by the time aforesaid in the Declaration aforesaid specified, did detain, as it was lawful for them to do: 
Traverse that they are guilty in London.  Without that that they the said J. and T. are guilty of the assault and imprisonment aforesaid, at London aforesaid, or elsewhere out of the aforesaid County of Heref. as the aforesaid R. hath above against them complained: And this they are ready to aver, whereupon they pray judgement, whether the aforesaid R. ought to have his Action aforesaid against them, 
The Plaintiff replies, the Defendants did it of their proper injury, without any such cause at before alleged.  &c. And the aforesaid R. as to the Plea aforesaid of them the said J. and T. as to the assault and imprisonment aforesaid above in bar pleaded, says, that he by any thing in the same Plea before alleged, ought not to be debarred from having his Action aforesaid, thereof because he says, that the aforesaid I. and T. the day and year aforesaid, in the Declaration aforesaid above specified, of their own wrong, and without any such cause by them the said J. and T. above by pleading alleged, on him the said R. did make an assault, and him imprisoned, against the peace of our said Lord the King that now is, as he above hath against them complained: And this he prays may be enquired of by the country, and the aforesaid J. and T. thereupon in like manner: And as to the trying of this Issue between the Parties aforesaid now joined, 
Severatl Venir in Heref. and London.  command is given to the Sheriff of Heref. that he cause to come here in eight dayes after the Purification. &c. twelve &c. by whom, &c. And who neither, &c. to recognise, &c. Because as well, &c. And as to the trying of the aforesaid other Issue between the Parties aforesaid above in like manner joined, command is given to the Sheriffs of London, that they cause to come here at the aforesaid Term, twelve, &c.   

DErby ss. 
Commoner pleaded not guilty with cattle which overcharged the Common.  In trespass the Defendant justifieth for Common for four hundred Sheep, &c. And the Plaintiff saith, that the Defendant was used to common with a thousand Seep in the aforesaid place in which, &c. Besides the aforesaid 400. Sheep; for which said trespass, he the said Plaintiff brought his Writ, &c. to which the Defendant saith, not guilty, with a thousand Sheep, besides the aforesaid 400 Sheep, Trin. 6. H. 6, Rot. 422.   

IN trespass for carrying away Goods and Chattels, 
The Defendant saith he found the goods in the public way.  the Defendant saith, he found the same Goods in the Kings high Way, out of the custody of any person, and thereof made Proclamation in the next Church, which is the same trespass, &c. H. 34. H. 6.   

IN trespass for the King, the Defendant saith, that he is not guilty, 
A pardon pleaded after trial.  and at the Nisi prius, verdict for the King, and the Court will advice, and afterwards the King by his Letters Patents, pardonned the Defendant of all manner of Rebellions, Treacheries, and all other misdemeanours, which were allowed, M. 12. H. 4. Rot. 391.   

IN trespass for the King, the Defendant saith, that he is not guilty, 
The Kings Attorney acknowledgeth the Defendants plea.  and the Attorney of the King, by virtue of a Warrant of the King to him directed, acknowledged the Plea of the Defendant to be true: Therefore let the aforesaid Defendant go thereof quiet, &c.   

IN trespass against three upon one Original Writ, 
Several Declations upon one original in trespass against three.  and three several Entries of Issues, tried against one Defendant, and Damages assessed to twelve pounds: And afterwards another Issue tried against another Defendant, and no Damages found: And the Plaintiff had judgement against him for the aforesaid twelve pounds of Damages found against the first Defendant, and afterwards the Plaintiff acknowledgeth himself not further to prosecute against the third Defendant, and had execution of Damages, Trin. 5. H. 4. Rot. 371.   

MIddlesex. ss. In Trespass, the Defendant saith, The place in which, 
Venire Faci●s into two Counties.  &c. is forty acres of Land with the Appurtenances in the same Town, which are in the County of Hertf. and the Issue is joined in both Counties, and the Venire Facias directed to both the Sheriffs of Middlesex and Hertf. And after Issue tried for the Plaintiff in the County of Middlesex, and Damages assessed by the Jurors, by reason of the whole trespass, if, &c. to three shillings four pence, and if not, &c. to twelve pence, and judgement respited, &c. T. 5. H. 4. Rot. 391.   

IN trespass by the Ordinary for Goods sequestered, 
For the Ordinary.  of one dying intestate, M. 8. H. 4 Rot. 418.   

YOrk. 
For taking away an Apprentice.  ss. trespass, wherefore by Force and Arms, he did take and led away one W. Servant and Apprentice of him the said Plaintiff, being in his Service at York: And the Defendant saith, That the afore-said W. S. at the aforesaid time in which, &c. was a Vagabond, and wandering out of the service of every man, by which the same Defendant retained him, as, &c. And this, &c.  
And the aforesaid Plaintiff saith, that after that the aforesaid W. S. was wandering, he gave notice to the Defendant, that the aforesaid W. S. was his Servant and Apprentice, and requested him that he would deliver him to the said plaintiff, and that the same Defendant did refuse to deliver him: And this, &c. Whereupon forasmuch, &c.  
And the aforesaid Defendant saith as before in Bar: without this, that the aforesaid Plaintiff did give notice to the same Defendant, that the aforesaid W. S. was h s Servant, and the Plaintiff saith as before. Therefore twelve, &c. M. 20. H. 7. Rot. 533.   

WHerefore by Force and arms he did break two Pipes of Claret Wine of him the said Plaintiff, 
For breaking of a Pipe of Wine.  at B. found, by which the wine in the same Pipes contained wholly did run out, and other Enormities, &c. P. 7. H. 6. Rot. 427.   

trespass for entering into a free Warren in W. 
For choosing in a free Warren.  The Defendant saith, That one E. is Lord of the Town of F. in the County aforesaid, which is adjoining to the aforesaid Town of W. and that in the same Town of W. is had a certain great Pasture called H. which is next adjoining to the aforesaid Town of F. And that the same E. and all his Predecessors, 
Prescription to hunt in the aforesaid pasture.  and all his Tenants inhabiting and dwelling in the aforesaid Town of F. from the time of the contrary whereof, the memory of Men is not extant, were used to chase and hunt in the aforesaid Pasture, &c. H. 3. H. 4. Rot. 112.   

WHerefore by Force and Arms, 
For breaking a Close, taking away cattle, and selling them.  they did break the Close, &c. and his grass, &c. did eat up, tread down, and consume, and his cattle( that is to say) two heifers and one Gelding, of the price of forty pounds, there lately found, did take and led away, and also those cattle to certain persons unknown did sell, and the moneys thereof coming did convert to their own use against, &c.   

WHerefore by Force and arms he did chase two hogs of him the said A. 
For chasing of Hogs with Dogs, whereby they dyed.  at M. found, with certain Dogs, so much setting on those Dogs to bite the Hogs aforesaid, that by that chasing and biting of the Dogs aforesaid, the aforesaid Hogs of the price of forty shillings, dyed, and other Enormities, &c. Trin. 25. Eliz. Rot. 408.   

WHerefore by Force and Arms, 
For breaking a Close, mowing Grass & Corn, and taking them away.  he d●d break the Close of the said Plaintiff at A. and his corn there lately growing, did mow, and his grass there l●tely growing, did cut, and the Hay coming thereof, and his Corn aforesaid, to the value of ten pounds, did take and carry away, and other Enormities, &c.   

WHerefore by Force and Arms, 
For taking away a Pale.  he did break the Close of him the said Plaintiff at B. and did take and carry away a certain new Post of him the said Plaintiff there in the soil put and fastened, to the value of forty shillings, and other, &c. T. 27. H 8. Rot. 335.   

G. Cock against Barow, and others, wherefore by Force and Arms at they took one milk Cow of him the said G. C. and did drive her from thence to D. and there impounded her, and did detain her there so impounded, until the same G. C. had made a Fine by six shillings and eight pence, with the said Defendnats for delivery of the Cow aforesaid, and other enormities, &c.  
And the said Defendants by W. N. their Attorney, 
Justification for Amerciament in the hundred Court for the King, and for Rent.  come and defend the Force and in Injury, when, &c. and as to the coming with Force and arms, &c. not guilty, and as to the residue, &c. his action ought not, &c. because they say, that long before the aforesaid time in which it is supposed the trespass aforesaid to be done, and also at the same time in which &c. the now Lord the King was seized, and yet is seized of the Hundred of R. with the Appurtenances in his Demesne as of Fee in the right of his Crown of E. and that long before the aforesaid time in which, &c. and also at the same time in which, &c. the aforesaid G. C. was, and yet is seized of a certain chief messsage, 100. acres of Land, &c. in S. aforesaid called G. in his Demesne as of Fee, and hath held, and yet doth hold, those Tenements with the appurtenances of the said now Lord the King, as of his Hundred aforesaid by fealty and Rent of seven pence half penny, at the Feast of Saint M. yearly to be paid to the said Lord the King, and by service, to do svit to the Court of him the said Lord the King of his Hundred aforesaid, from three weeks to three weeks, within that Hundred yearly to be held, and that within the Hundred aforesaid, such a custom is had, and also from the time of the contrary, whereof the memory of men is not extant, was had, used, and approved, in the same Hundred, 
Prescription to distre●n for Amerciaments and Rent. ( that is to say) That every Freeholder of every Freehold within the Hundred aforesaid holden of the said Lord the King as of his Hundred aforesaid, not appearing at the aforesaid General Court, shall be amerced for his said contempt two shillings and eight pence, and that the Bailiff of the same Hundred for the time being, as well those amerciaments, so imposed for not appearing at the same general Court, as the free Rent of every such like Freeholder, to the same Lord the King due, to the use of the same Lord the King, ought to gather, and receive, and by the whole time aforesaid hath been accustomend, and for not payment of the amerciament or Rent aforesaid, the same Bailiff for the time being by the whole time aforesaid, hath been accustomend into those Tenements so holden of the said Lord the King, as of his Hundred aforesaid with the appurtenances, to enter and distrain, & the Distresses there taken, lawfully to drive away, impound, and to detain impounded, until the Rent and amerciament aforesaid, should be paid to the said Bailiff, to the use of the said Lord the King, and the Moneys so received, the same Bailiff for the time being, at the Receipt of the Exchequer of the said Lord the King, or to the general Receiver of the same County of S. for the time being ought, and by the whole time aforesaid, hath been accustomend to pay, and he the said G. C. of the Tenments aforesaid, in form aforesaid being seized; the general Court of the Lord the King for the Hundred aforesaid A. at C. in the County aforesaid, on Thursday next after the Feast of Saint M.( in such a year) was held before E. B. Esq then Steward of the same Court, at which said Court, the same G. C. was required and did not appear, therefore according to the custom aforesaid, the same G. was amerced at two shillings and eight pence, and also another general Court of the Lord the King for the Hundred aforesaid, at C. within the aforesaid Hundred, on Thursday next after the Feast of Saint M.( in such a year) was held before the aforesaid E. B. then Steward of the same Court, at which said Court the said G. was required and did not appear, therefore according to the custom aforesaid, the said G. was amerced to two shillings and eight pence: And they the same Defendants further say, That the aforesaid time in which, &c. two shillings six pence of the aforesaid Rent of seven pence half penny for four years, ending at the Feast, &c. were behind unpaid to the said Lord the King, and although the same G. B. then and yet being Bailiff of the same Hundred; afterwards( that is to say) such a day and year, at S. aforesaid, on the behalf of the same Lord the King, did request the said G. C. then Freeholder of the Tenements aforesaid, being to pay to the same G. B. then being Bailiff of the same Hundred, to the use of the said Lord the King, the moneys aforesaid due to the same then Lord the King, as aforesaid, as well for arrearages of Rent aforesaid, as for the amerciaments aforesaid, the same G. C. then there refused to pay to him the same, by which the same G. B. the aforesaid time in which, &c. being then as aforesaid Bailiff of the Hundred aforesaid and the aforesaid J. and E. in aid of him the said G. together, &c. into the Tenements aforesaid with the Appurtenances so held of the Lord the King as aforesaid, through the Gates of the said Tenements then being open, did enter, and did take the aforesaid Cow, then being levant and couchant upon the said Tenements in the name of a distress, and did chase her from thence to D. aforesaid, the same Town of D. being within the aforesaid Hundred of S. R. and there did impound, &c. as it was lawful for them: Which said taking, impounding, and detaining of the Cow aforesaid is the Iame trespass whereof the afore said G. C. above doth now complain: And the same Defendants further say, that the same G. as bailiff of the same Hundred, afterwards( that is to say) such a day and year, did pay those Moneys to W. H. Esquire, general Receiver of the same County then being, to the use of the Lord the King; all and every which things the same Defendants are ready to aver, whereupon they pray judgement, if Action, &c. The Plaintiff replieth, that the Defendants committed the trespass of their own wrong without any such cause, T. 14. J. Rot. 3397. 
Replevin in the Detinet and Detinuit.     

Justification for taking a distress for the Certainties of his County, payable at the Sheriffs Turn.  
SUssex ss. And the aforesaid T. E. by J. P. 
Justification in Trespass for a Rent to the King payable by the Defendant at the Sheriff's Turn.  his Attorney cometh and defendeth the force and injury, when, &c. And as the coming with force and arms, or any thing that is against the peace of the now Lord the King, the same T. saith, that he is not thereof guilty: And of this, &c. And the said A. likewise: And as to the residue of the trespass aforesaid, the same T. saith, That the place in which it is supposed the trespass aforesaid to be done, is twenty Acres of Land with the Appurtenances in S. aforesaid: And the same T. saith, That the now Lord the King is, and all his Progenitors Kings of England, were seized of a certain Sheriffs Turn at Buxhal in the County of S. aforesaid, once within a month after the Feast of Easter, and once within a month after the Feast of Saint Michael the Arch-Angel, yearly before the Sheriff of the same County for the time being to be held; and also of a certain yearly Rent of twenty six shillings and eight pence, &c. called Sheryrezyeld, to the same Lord the King and all his Progenitors aforesaid yearly by the whole time aforesaid, by the aforesaid then Abbot, and all his Predecessors Abbots of hid aforesaid, by the time being at B. aforesaid( to wit) at the Sheriffs Turn held there, before the Sheriff of the County aforesaid for the time being, within one month next after the aforesaid Feast of Easter, thirteen shillings and four pence, and at the Sheriffs Turn holden there before the Sheriff of the same County for the time being, within one month next after the aforesaid Feast of Saint Michael the Arch-Angel, thirteen shillings and four pence: Which said Rent so to be paid, one W. D. late Sheriff of the County aforesaid, and all his Predecessors, Sheriffs of the same County for the time being, from the whole time aforesaid were used there at the same Turn, twice held by the year, in form aforesaid, by the hands of the aforesaid now Abbot of H. and all his Predecessors aforesaid, his Farmers or Occupiers of his Mannor of S. aforesaid, in the County aforesaid, or his Ministers there, in form aforesaid, for the time being, to the use of the said Lord the King, to receive, and thereof as parcel of the great Farm, or of the forty pounds to the County aforesaid, before the Barons of the Exchequer of the said Lord the King, and his Progenitors aforesaid, accountable yearly at the said Exchequer, to the said Lord the King, by the Barons aforesaid, yearly to be charged: And for default of such payment of the same Rent, by the aforesaid now Abbot or his Predecessors, &c. For the time being, in form aforesaid to be made, the aforesaid late Sheriff and all his Predecessors aforesaid, so for the time being, were used by the whole time aforesaid, to distrain the now Abbot and his Predecessors, &c. for the time being, for the Rent aforesaid, in form aforesaid being behind, and every parcel thereof in the aforesaid Mannor of S. whereof the aforesaid twenty Acres of Land, are, and by the whole time aforesaid were parcel: And in all other Lands of him the said Abbot and his Predecessors, within the Rape of Leias in the County aforesaid, and the same Rent so being behind from the said Abbot and his Predecessors aforesaid, so for the time being by distress in the same Mannor and Lands aforesaid, by the same late Sheriff and his Predecessors aforesaid, so for the time being to be taken and levied, and the account thereof at the said Exchequer, yearly to the same Lord the King and his Progenitors aforesaid, in form aforesaid to be rendered, and thereof to the same Lord the King and his Progenitors aforesaid, at the same account, by the Barons aforesaid, in form aforesaid to be charged. And the same T. further saith, That the aforesaid now Abbot, thirteen shillings and four pence, at the aforesaid Rent, six and twenty shillings and eight pence, parcel of Sheriffs turn holden at B. aforesaid, the twentieth day of April, in the fourth year of the reign of the said now Lord the King, before the same T. then Sheriff of the County aforesaid, to the said Lord the King now due, and to him then to be paid: And also thirteen shillings and four pence, residue of the aforesaid Rent of six and twenty shillings and eight pence, at the Sheriffs-Turn holden there, the third day of October then next following, before the same T. then Sheriff of the same County, to the said Lord the King now due, and to him the then Sheriff to be paid, to the same T. then Sheriff did not pay: Which said several Sums of thirteen shillings and four pence, on the said twentieth day of A. and the third day of O. in form aforesaid to be paid, and being behind in form aforesaid, do amount to the aforesaid six and twenty shillings and eight pence; for which said six and twenty shillings and eight pence so being behind, the said T. Sheriff of the said County of S. the said time in which, &c. in the aforesaid twenty Acres of Land being open, the said time in which, &c. did enter, and the said four Cows in the same twenty Acres of Land then being, then and there did take, and them detain in the name of Distress, for the aforesaid twenty six shillings and eight pence, in form aforesaid being behind: And afterwards the same T. with the aforesaid Lord the King at Westminster, at the Exchequer aforesaid, before R. H. and his Associates, Barons of the same Exchequer, in eight days of Saint hilary, in the said fifth year of the said now Lord the King, at the account of the said then Sheriff, between the same Lord the King and the aforesaid T. then Sheriff, of the Issues of his bailiwick of the same County assigned to be heard, did account, and thereof the same Sum of twenty six shillings and eight pence, as parcel of the great Farm of the forty pounds aforesaid there at the same account, to the same Lord the King, by the Barons aforesaid being charged: And this he is ready to aver; whereupon he doth not expect, that the Justices of the Lord the King here, to the said Lord the King thereof unadvised, will further in the Plea aforesaid proceed; and prayeth aid of him the said Lord the King. &c. and he hath, &c. And hereupon day is given to the parties aforesaid, before the said Lord the King, until, &c. wheresoever, &c. And it is said to the said Abbot, in the mean time, at his peril he prosecute the said now Lord the King, &c. At which said fifteen days, before the said Lord the King at W. came as well the said A. as the said T. by their Attorneys aforesaid: And the said Lord the King commanded to his Justices here his Writ-close in these words.  
Edward, by the grace of God, &c.( as in the Writ of Procedendo, notwithstanding aid Verbatim;) Whereupon the same T. as to the said residue of the Trespass aforesaid supposed to be done, he saith, That the aforesaid Abbot his Action aforesaid against him to have, ought not, because, as before, he saith, That the place in which it is supposed the Trespass aforesaid to be done, &c.( as in the Plea above) And this he is ready to aver, &c.  
And the aforesaid Abbot saith, That he ought not to be barred, because he saith, That the now Lord the King, and all his Progenitors Kings of England, from the whole time aforesaid, in which the memory of men is not extant, were not seized of the aforesaid yearly Rent of twenty six shillings and eight pence, nor of any parcel thereof, in the form in which the said T. hath above by pleading alleged: And this he is ready to aver, &c. Whereupon for as much, &c. he prayeth judgement and Damages, &c. And the aforesaid T. saith, That the aforesaid now Lord the King, &c.( on the contrary) in form in which the same T. hath above by pleading alleged: And of this, &c. Therefore twelve, &c.  

WHerefore by force and arms the Goods and Chattels of him the said R. to the value, &c. at K. found, did take and carry away, &c.  
And the said Defendant, 
The Defendant justifieth the taking of Goods for Toll at a Fair, by the Custom of the Mannor.  by A. B. his Attorney, cometh and defendeth the Force and Injury, when, &c. And as to the coming with force and arms, and also to the whole Trespass aforesaid, except the taking and carrying away of the four yards of linen Cloth, of the aforesaid twenty yards of linen Cloth above supposed to be done, he saith, That he is not thereof guilty: And of this, &c. And as to the taking and carrying away of the aforesaid four yards of linen Cloth above supposed to be done, his Action ought not, &c. because he saith, That the place in which it is supposed that Trespass to be done, is, and at the aforesaid time in which, &c. was a certain Street in the Town of K called E. in the County aforesaid; and that long before the aforesaid time, in which, &c. and also at the same time in which, &c. J. Lord D. in the County of E. was seized of the Mannor of K. with the Appurtenances, in the County aforesaid( whereof the aforesaid place in which, &c. is, and the aforesaid time in which, &c. And also from the time of the contrary whereof, &c. extant, was parcel) in his Demesn as of Fee; within which said Mannor, the aforesaid Lord D. and all those whose Estate he hath, and the aforesaid time in which, &c. had in the aforesaid Mannor, with the Appurtenances, from the time of the contrary whereof, the memory of men is not extant, were used and accustomend to have, and to hold within the Mannor aforesaid( that is to say) in the Town of K. aforesaid, a certain Fair every year in the Eve of the Feast of Saint L. and by two days then next following, to endure to be held as to the Mannor aforesaid, with the Appurtenances belonging, and that the same Lord, and all those whose Estate he hath, and the aforesaid time in which, &c. had in the Mannor aforesaid, with the Appurtenances, from the whole time aforesaid, have received and ought to receive at every Fair, in every year in the Eve of the aforesaid Feast of Saint L. and by the aforesaid two days then next following, to continue within the Mannor aforesaid( that is to say) in the aforesaid Town of K. held, for every covered Stall erected within the aforesaid Street of E. four pence of lawful Money of England, in the name of Toll, to be paid by the same person, or by the same persons, which should bring their merchandises, Goods, and Chattels to the Fair aforesaid to sell: And if any person or persons should refuse to pay the aforesaid four pence in the name of Toll, for their merchandises, Goods, and Chattels, so as aforesaid brought to the Fair aforesaid to be sold, then the same Lord D. and all those whose Estate he hath in the Mannor aforesaid, with the Appurtenances, from the time of the contrary whereof the memory of men is not ●●rant, by their bailiffs and Servants, within the Mannor aforesaid, or within the Precinct of the same Mannor, have been used and accustomend to take their merchandises, Goods, and Chattels, so as aforesaid brought to the Fair aforesaid to be sold, and to retain them until they should pay the aforesaid four pence in the name of Toll: And the same W. further saith, That before the aforesaid time in which, &c.( that 〈◇〉 to say) in the Eve of the aforesaid Feast of Saint L.( in such a year) and by two days then next following, a certain Fair within the Mannor aforesaid( that is to say) in the aforesaid Town of K. aforesaid was held, and that the aforesaid R G. did erect at the same Fair one covered Stall within the aforesaid Street of E. and brought merchandise, Goods, and Chattels( that is to say) two hundred yards of linen Cloth of him the said R. and other wears to sell at that Fair, whereupon the aforesaid W. as Servant of him the said Lord D. and by his command at K. aforesaid, the aforesaid time in which, &c. did require of the aforesaid R. four pence, due to the said Lord D. for the aforesaid Toll, for the aforesaid covered Stall, within the aforesaid Street of E. so( as aforesaid) erected; which said four pence, the aforesaid R. then and there refused to pay to the said W. to the use of him the said Lord D. by which the same W. as Servant of him the said Lord D. and by his command the aforesaid four yards of linen Cloth in the aforesaid Street of E. then being for the same four pence in form aforesaid denied at L. aforesaid, in the aforesaid place in which, &c. The same time in which, &c. did take, &c. as it was lawful for him: And this, &c.  
And the said Plaintiff saith, That by any thing, &c. 
Replication by protestation No Fair.  ought not to be barred, because by Protestation that the said Lord D. and all those whose Estate he hath, and at the aforesaid time in which, &c. had in the Mannor aforesaid, with the Appurtenances, from the time of the contrary whereof the memory of men is not extant, have not been used and accustomend, to have and to hold within the Mannor aforesaid( that is to say) in the aforesaid Town of K. a certain Fair every year, in the Even of the Feast of Saint L. and by two days then next following to continue to be held, as to the Mannor aforesaid with the Appurtenances belonging, as the aforesaid W. hath above alleged, for Plea he saith, That the aforesaid W. the day and year aforesaid, by force and arms of his own wrong, the aforesaid four yards of linen Cloth of him the said R. at K. aforesaid found, did take and carry away, as, &c. doth complain; without this, That the aforesaid Lord D. and all those whose Estate he the said Lord D. hath, 
Traverse the right of Toll.  and the aforesaid time of the Trespass aforesaid made, had in the Mannor aforesaid, with the Appurtenances, from the whole time aforesaid have had, received, and ought to receive at every Fair, &c. And this, &c. And Issue thereupon, Trin. 7 Jac. Rot. 1016.   

THat whereas according to the Law and Custom of this Nation of E. 
For keeping a Dog using to bite Sheep.  every man is always bound safely and securely to keep his cattle and Chattels, lest by such like cattle, living Creatures and Chattels, Damage may any ways happen to his Neighbors, yet the said Defendant at W. aforesaid, knowingly did keep a certain Dog accustomend to bite Sheep, and so negligently and unduly did keep that Dog, that the said Dog did bite and kill twenty Lambs of him the said Plaintiff, of the price of ten pounds, at W. in the County aforesaid found, and, &c. The Defendant pleaded Not guilty, Trin. 17 Hen. 8. Rot. 365.   

WHerefore by force and arms he did throw down the hedge of him the said A. 
For breaking a dead hedge.  at B. lately set up, and did take and carry away, and the dead Wood of that hedge, to the value of forty shillings, &c.   

Kent. 
For pulling up Rosmary and Lavender.  ss. Trespass, Wherefore by Force and Arms he broken the Close of the said Plaintiff, &c. and his Trees( that is to say) twenty Cherry-trees, and his Herbs( that is to say) two Rosemary Beds, and half a Bed of Lavender there lately growing, did pull up by the roots; and the Defendant to part of the Trespass pleadeth Not guilty, and to the residue, an agreement in the County of Kent, and the Plaintiff demurs in Law, and the Nisi prius tried before the Demurrer in Law, and the Jurors assess Damages, De been esse, upon the matter in Law conditionally.  
A Verdict was thereupon, but no judgement given thereof, H. 4. H. 6. Rot. 403.   

AND the aforesaid Defendant, 
Justification for taking of cattle upon an amerciament in a Hundred Court.  by D. his Attorney, cometh and defendeth the Force and Injury, when, &c. And as to the coming with Force and Arms Not guilty, &c. And as to the residue, &c. he ought not to have his Action, &c. because as to the taking and leading away of one Heifer of the said two Heifers, the same Defendant faith, That E. G. &c. long before the said time in which it is supposed the Trespass aforesaid to be done, and at the same time in which, &c. was and yet is seized of the Hundred of B. in the same County in her Demesn as of Fee, in right of her Monastery aforesaid, and that she the said Abbess, and all her Predecessors, Abbesses of the same Monastery, time out of mind were seized of the aforesaid Hundred in their Demesn as of Fee in right of their Monastery aforesaid, and the same Abbess, and all her Predecessors aforesaid, had, and were used to have, within the Precinct of the same Hundred, a certain Turn yearly before the Steward of the said Abbess of that Hundred, for the time being to be held: And the same Defendant saith, That the aforesaid Plaintiff, long before the said time in which, &c. was and yet is seized of one Acre of Land, with the Appurtenances, in G. aforesaid, within the Precinct of the said Hundred, adjoining to a Pond in the public Highway there in his Demesn as of Fee, and the same Plaintiff, and all those whose Estate he hath in the same Acre of Land, with the appurtenances, time out of mind were used and accustomend to repair, hold up, and maintain the Pond aforesaid: And the same Defendant saith, That at the Court of the Sheriffs Turn of her the said Abbess, of her Hundred aforesaid, 
Presented by the Jury at the Sheriffs Turn.  at J. within the Precinct of that Hundred( such a day and year) before T. S. then Steward of the said Abbess of her Turn aforesaid held, by the Oath of twelve Jurors it was then presented, That the aforesaid Plaintiff then had a certain Pond lying in the public High-way at G. aforesaid, within the Precinct of the same Hundred, very ruinous and unrepaired, to the common annoyance of all the people of this Nation there passing by, for which it was then considered in the same Court by the aforesaid T. then Steward of the said Abbess of the Hundred aforesaid, that the same Plaintiff should be thereof amerced; 
Amerciament.  by reason of which that Amerciament by the Affeerors of the same Court( that is to say) A. and B. then and there was affeered to three shillings; and because the same three shillings for the same amerciament, at the said time in which &c. were behind, and yet are unpayd to the said Abbess, the same Defendant, as Servant of the said Abbess, and by her command, at the aforesaid time in which, &c. did break and enter the Close aforesaid, within the Precinct of the Hundred aforesaid being, and the same Heifer by the name of Distress for the Amerciament aforesaid, so being behind then there found, did take and led away, as it was lawful for him: And this, &c. judgement if Action, &c. And as to the taking and leading away of the other Heifer of the aforesaid two Heifers, the same Defendant saith, That at the Court of the Sheriffs Turn of the said Abbess of her Hundred aforesaid, 
Another amerciament.  at aforesaid( such a day and year) before, &c. held by the Oath of twelve, &c. then likewise was presented, &c.( as above until these words) And this, &c. judgement if, &c.  
And the aforesaid Plaintiff saith, That he ought not to be barred, 
Traverseth the prescription.  &c. because he saith, That before the Trespass he was possessed of the Heifers, as of his proper Goods, until the Defendant made the Trespass, and traverseth the Prescription, and the Defendant saith as before: Therefore twelve, &c.   

South. 
Justification for taking a Horse in the name of a Distress for Toll by reason of a Market, and prayeth aid of the King.  ss. WHen, &c. and as to the coming with force and arms not guilty, and as to the residue, his Action ought not, &c. because he saith, That the Town of Newport in the Isle of Wight, in which it is supposed the Trespass aforesaid to be done, is, and at the aforesaid time in which it is supposed the Trespass aforesaid to be done, was an ancient burrow incorporated by the name of the bailiffs and Burgesses of the Town of N. and that the bailiffs and Burgesses of the said Town of N. are, and from the time of the contrary; whereof the memory of men is not extant, 
The corporation of the Village.  were seized of the aforesaid Town of N. in their Demesn as of Fee, and that the same bailiffs and Burgesses of the Town aforesaid, and all their predecessors have, and from the time of the contrary whereof in the memory of men is not extant, have had, and were accustomend to have in the Town aforesaid, a certain Market on Saturday, 
Prescription of a Market.  weekly by the whole year, to be held to endure every year: By reason of which said Market, the said bailiffs and Burgesses of the said Town of N and all their Precedessors, amongst other things, have had, and from the whole time aforesaid were accustomend to have the Toll of, and for all merchandises and wears, for the whole Market aforesaid, in the said Market being, or elsewhere within the Isle aforesaid sold( that is to say) of and for every hundred Sheep thither brought to be there sold, four pence, and for every Cow there sold a half penny, and that the aforesaid bailiffs and Burgesses and all their predecessors, bailiffs and Burgesses of the Town aforesaid, from the whole time aforesaid, for not payment of the Sums aforesaid, were used to destrain the merchandises and wears, 
Prescription to distrain.  Goods, and Chattels of the Buyers thereof, in the aforesaid Town being; and moreover the aforesaid bailiffs and Burgesses say, That the aforesaid bailiffs and Burgesses of the Town aforesaid do hold, and all their Predecessors, time out of mind have held the same Town, with the Market aforesaid of N. 
The Village held of the King in Fecfarm.  of the now Lord the King, and of his Progenitors in Fee Farm, rendering for the same yearly to the said now Lord the King and his Heirs, twenty four pounds, at the Feasts, &c. by equal proportions yearly to be paid; and the aforesaid Defendants say, That at the same time in which it is supposed the Trespass aforesaid to be done, the aforesaid Defendants were bailiffs of the Town aforesaid, and further say, That the aforesaid Plaintiff, the said time in which, &c. bought a hundred Sheep and two Cows, of a certain man unknown, the same time in which, &c. in the same Market: And because the aforesaid Plaintiff, although often required, hath not paid to the said Defendants then bailiffs of the Town aforesaid, nor either of them, four pence for the Toll of the aforesaid hundred Sheep, and one penny for the Toll of the said Cows, the said Defendants, the said time in which, &c. being then bailiffs of the said Town of N. did take and led away the aforesaid Horse of him the said Plaintiff, in the name of distress, as it was lawful for them, which is the same taking, whereof, &c. and this they are ready, &c. Whereupon they do not expect that the Justices here will further proceed thereof uncounselled from the Lord the King, and pray they may have aid from him the said now Lord the King, &c. And hereupon day is given as well to the aforesaid Plaintiff, as to the said Defendants, 
Aid from the King.  here until fifteen days after Easter: And it is said to the said Defendants, That in the mean time they may prosecute for him the said now Lord the King, &c.   

BUck. ss. When, &c. And as to the coming with force and arms, 
Justification by virtue of a Recovery in a Writ of Right Close in Ancient Demesne.  and also the whole trespass aforesaid, except the breaking of the House aforesaid, and taking and carrying away of two quarters and three measures of Beans, of the goods and chattels aforesaid, the same Defendants say, That they are not thereof guilty, &c. And as to the breaking of the House aforesaid, and the taking of the aforesaid two quarters of Beans; the same Defendants say, That the aforesaid Plaintiff his Action ought not, &c. Because they say, 
Recovery in ancient Demesne at the Court held before the Sheriff and Suitors.  That formerly, in the Court of J. W. Knight, holden at B. in the County aforesaid, before J. O. then Bailiff of the said J. W. of his Mannor of B in the same County, and the Suitors of the same Court, according to the custom of the same Mannor, on Monday the twenty sixth day of N. in the year, &c. came the aforesaid Defendants in their proper persons, and in that full Court exhibited to the said Bailiff a Writ of the Lord the King, of right close, of the date of the tenth day of N in the year, &c. to the same Bailiff directed; by which same Writ, it was commanded to the same Bailiff, that he should hold full right to the said Defendants, by the names, &c. Of ten Messnages, &c. which W. C. had deforced them of, that the King might not hear further claim thereof for want of Right, 
Protestation to prosecute the Writ of Right Close in the nature of an Assize at the Common Law.  whereupon the aforesaid R. and M. according to the custom of the Mannor aforesaid, did make protestation to follow their Writ aforesaid, in the form and nature of a Writ of Assize of new diseissin at the Common Law, by complaining that the aforesaid W. unjustly and without Judgement had dizseized them of their Free-hold( that is to say) of the Tenements aforesaid, with the Appurtenances in B. after the transportation of King Henry, Son of King John. And they found Pledges of prosecuting the Writ aforesaid,( that is to say) A. and B. and prayed process thereof to be made against the aforesaid W. G. according to the custom of the Mannor aforesaid, by which, according to the custom of that Mannor, it was commanded to E. D. Under-Bailiff of the same Mannor, and Minister of the Court aforesaid, that he should cause the Tenements aforesaid, with the Appurtenances, to be re-seized of the chattels which were taken in them, and those Tenements, with the Chattels, to be in peace until the next Court of the Mannor aforesaid,( such a day) then next to come, before the said Bailiff of the Mannor aforesaid, and the Suitors of the Court aforesaid, according to the custom of the same Mannor there to be held. And in the mean time, he should cause twelve free and lawful men of the Neighbourhood of that Mannor, within the Precinct of the same Mannor, to view the Tenements aforesaid, and to inbreviate their names of the same: And that he should summon them by good Summoners, that they should then be there before the aforesaid Bailiff and Suitors, ready to make acknowledgement thereof, &c. and that he should put by Surety and safe Pledges the aforesaid W. G. or his Bailiff if he should not be found, that they should then be there to hear that acknowledgement, &c. At which said Court, 
The return of the Precept.  holden before the aforesaid J. D. Bailiff of the Mannor aforesaid, and Suitors of the same Court, according to the custom of the Mannor aforesaid there, on the aforesaid Monday came the aforesaid R. and M. in their proper persons, and they did complain, that the aforesaid W. G. had dizseized them of their Freehold in B. after that, &c. that is to say, of the Tenements aforesaid, with the Appurtenances, and the aforesaid W. G. solemnly required, came not, and the aforesaid Under-Bailiff returned before the aforesaid Bailiff & Suitors there, a panel of the names of the Recognitors, &c. and further did testify, that those Recognitors, namely, A. B. and C. D. were mainprized by R. M. and A. M. And that the aforesaid W. had nothing within the Precinct of the Mannor aforesaid by which he could be attached, neither was found within that Precinct; 
〈…〉 by default.  neither had any Bailiff, &c. by which it was considered of, that the Assize aforesaid should be taken against him by default, &c. wherereupon the Recognitors required, came, who, to say the truth, concerning the Premises, elected, tried, and sworn, said upon their Oaths, that the aforesaid R. and M. were seized of the Tenements aforesaid, with the Appurtenances, as of Free-hold, until the aforesaid W. G. unjstly, and without Judgement, but not with force nor arms did disseise them, 
Te Jury found for the Plaintiff in the Assize.  the Recognitors by the Court then there being enquired of, if the said W. or any of his Ancestors, had peaceably continued their possession in the Tenements aforesaid, with the Appurtenances, by three years next before the aforesaid Day of the issuing forth of that writ of Assize, or no; who said, no. They also being enquired of, how long time was then past from the time of that disseisin made, they said, That that disseizin was made,( such a day and year) they also being enquired of, if the Tenements aforesaid from the time of that disseizin, until the aforesaid time of the issuing forth of the Writ aforesaid by force and arms were held or no; 
judgement.  they said, no. And hereupon the aforesaid R. and M. pray judgement upon the Verdict aforesaid, &c. By which it was considered, that the same R. and M. should recover their seizing of the Tenements aforesaid, by view of the Recognitors of the Assize aforesaid; and that the aforesaid W. G. should be taken; and they the said R. and M. say, that the House aforesaid in the Declaration aforesaid specified, is, and the time of the Trespass aforesaid supposed to be done, was parcel of the messsage aforesaid, 
One of the same person.  and that the same W. G. now Plaintiff, and the aforesaid W. G. in the said Writ of Right, Close and Recovery aforesaid name, are one and the same person, and not divers persons; and that the same W. G. the aforesaid day of the issuing forth of the same Writ of Right, and the time of the same judgement upon the same Writ rendered was Tenant of the Tenements aforesaid, as of Free hold, and likewise, 
Averment that the plaintiff was Tenant.  that by virtue of the Recovery aforesaid, the aforesaid R. and M. at the time of the Trespass aforesaid supposed to be done, did enter into the Tenements aforesaid, with the Appurtenances, and were seized in their Demesne, as of Fee, and for that, that the aforesaid two quarters of Beans at the same time were in those Tenements, with the Appurtenances, 
Doing damage.  doing damage, the same R. and M. the said time in which, &c. took and carried them away, as, &c. which said entry, by virtue of the Recovery aforesaid, the taking and carrying away, are the same taking and carrying away of the aforesaid two quarters of Beans; Whereof, &c. all and every which things, they the said R. and M. are ready to aver; whereupon they pray judgement, &c.  
And the aforesaid W. G. saith, That he, 
Replication.  by any thing before alleged from having his Action aforesaid, against the said R. and M. as to the breaking of the House aforesaid; and the taking and carrying away of the aforesaid two quarters of Beans, ought not to be precluded, because he saith, That the said Denfendants, the day and year aforesaid, in his Declaration aforesaid above specified, 
Traverse of the Recovery.  by force and arms of their own wrong, &c. made the Trespass, as, &c. Without this, That by virtue of the aforesaid Writ of Right Close, and the process thereupon made, it was considered, that the aforesaid R. and M. should recover their seizing of the Tenements aforesaid, with the Appurtenances, against him the said W. as the aforesaid R. and M. have above alleged; and this, &c. whereupon, out of which, &c.  
And the aforesaid R. and M. say, 
Rejoy●der.  That by virtue of the aforesaid Writ of Right Close, and the process thereupon made, it was considered, That the same R. and M. should recover their seizing of the Tements aforesaid, with the Appurtenances, against the aforesaid W. G. in manner and form, as they have above alleged, and of this they put, &c.   

W. G. R. G. and W. M. to answer R. W. and D. his wife of a Plea, 
For res●uing a distress taken for an A●nuity.  wherefore, whereas they the said R. and D. in a certain Tenement of him the said W. G. at R. for a certain yearly Rent by the Testament of one R. M. deceased bound to the Distress of her the said D. for the Rent aforesaid, being behind, certain cattle of him the said W. M. had taken, and them, by the name of Distress, according to the Law and Custom of this Common-wealth of England, would have impounded, the aforesaid Defendants the cattle aforesaid, from the said R. and D. by force and arms, did take away, and other Enormities, &c. And whereupon, &c. complain, that whereas one R. M. deceased, was seized in his Demesne, as of Fee, of, and in three acres of Land, with the Appurtenances, in A. in the County aforesaid, and held the same in Free-Socage, and the said R. M. being so thereof seized( such a day and year) at R. aforesaid, made his Testament and last Will in writing, and by his same Will, willed and bequeathed to the laid D. then his wife, and her Assigns, for and during the term of the natural life of her the said D. a certain annuity or yearly rent of forty pounds of lawful money of England, issuing from and out of the aforesaid three acres of Land, with the Appurtenances, by the name of all the Land, Tenements, and Hereditaments of him the said R. M. with the Appurtenances, in the said County of L. at the Feasts, &c. yearly by equal portions to be paid, and the same R. by his same Will, willed and bequeathed, that if the aforesaid annuity or yearly Rent of ten pounds, at any Feast of the aforesaid Feasts, in which,( as aforesaid) it ought to be paid, should happen to be behind, that then it should be lawful for the aforesaid D, and her assigns, into the aforesaid three acres of Land, with the Appurtenances, to distrain, and the distress thereof so taken, and found lawfully to take away, impound, and retain, until the same D. and his assigns, of the annuity or yearly Rent aforesaid, with all arrearages thereof, if any should be, should be fully satisfied thereof, and afterwards,( that is to say)( such a day and year) the same S. M. at R. aforesaid, died, after whose death, the aforesaid D was seized of the said annuity or yearly Rent of ten pounds in her Demesne, as of Free-hold for the term of her life; and being thereof so seized, afterwards,( that is to say)( such a day and year) took to Husband the aforesaid R. W. by which the same R. and D. in right of her the said D. were, and yet are seized of the annuity or yearly Rent aforesaid, in their Demesne, as of Free-hold for the term of the life of her the said D. and being thereof so seized, for that the yearly Rent aforesaid was behind at the Feast, &c. Which was( in such a year) and yet is behind, they the said R. and D. at R. aforesaid,( that is say) into the aforesaid three acres of Land for the yearly Rent aforesaid, so being behind, certain cattle,( that is to say) two Cows of him the said W. M: to the value of twenty pounds,( such a day and year) had taken, and the cattle aforesaid by the name of Distress there according to the Law and custom of this Common-wealth of E. would have detained the said Defendant those cattle by force and arms,( that is to say) with Swords, &c. then and there from the said R. and D. did take away, and other Enormities, &c. not guilty pleaded to the Trespass, and Rescous as, &c. Trin. 14 Jac. Rot. 2065.   

TRespass and Assault against A. H. S. H. and T. S. And the said Defendants, &c. when, 
Not guilty, and not informed, and the Venire facias and Writ of inqui●y awarded.  &c. and the same Attorney of the said T. saith, That he is not informed by the said T. his said Client, of giving any answer to the said Plaintiff in the Plaint aforesaid, and saith nothing else thereof, by which the same Plaintiff remaineth against the said Defendants thereof undefended; for which the said Plaintiff ought to recover against the said T. his damages by reason of the Trespass and Assault aforesaid, by the said T. made, &c. And the aforesaid A. & S. say that they are not guilty, &c. and this, &c. And the said Plaintiff likewise, therefore, as well to try, as well the issue aforesaid between the aforesaid Plaintiff, and the said A. and S. above joined, as to inquire what damages the said Plaintiff hath sustained by reason of the Trespass and Assault aforesaid by the said T. made, it is commanded the Sheriff, that he cause to come here,( such a day) twelve, &c. And who neither, &c. To recognise, &c; because, as well, &c.   

G. W. Gentleman, formerly in the Court of T. W. Esquire, 
trespass removed by Accedas to the Court.  of his Mannor of W. in the County aforesaid, did complain against E. N. of a Plea of Trespass, &c. which said Plaint, at the request of the said G. is had here, at this day,( that is to say) in eight days of Saint M. by a Writ of the Keepers, of causing the Plaint to be recorded, and now here, at this day, come as well the aforesaid G W. by R. his Attorney, as the said E. by A. his Attorney; and hereupon the aforesaid G. doth complain against the said E. upon the Plea aforesaid,( that is to say) that the aforesaid E.( such a day and year) by force and arms, &c.( as in others.)   

W. To answer T. Administrator of the goods, 
For an Administrator in trespass.  &c. of a Plea Wherefore by force and arms, the goods and chattels, which were, &c. at N. lately found, did take, &c. And whereupon the same T. to whom Administration of all the goods and chattels, which, &c. by, &c.( such a day and year) after the death of the said W. was committed by R. his Attorney, doth complain, &c. And other Enormities, &c. In delay of the Administration of the goods and chattels aforesaid, and against the public peace, whereupon he saith, that he is, &c. And he produceth here in Court the Letters of Administration, &c.   

WHen, 
Justification of shooting an Arrow out of a Bow, against the will of the Defendant.  &c. as to the coming with force and arms not guilty; and as to the residue, his Action, &c. ought not to have or maintain, &c. because he saith, That before the said time in which, &c. and the time of the Trespass aforesaid above supposed to be done, the same G. was a shooting with a certain Bow, called a Long Bow, a certain wager at bounds, called twelve score Pricks, in a certain Field, called F. in the County of M. and that the said W. unawares, and negligently, did pass at the said time, in which, &c. near one of the said bounds in the said Field, and in that passage, the said G. by mis-fortune, and against the Will of him the said G. at the same time in which, &c. with the Arrow of him the said G. him the said W. in his feet did smite, and so if any damage or evil to the said W. at the said time in which, &c. happened, it was against the Will of him the said G. and by the proper negligence of him the said W. without this, that the said G. is guilty of the Trespass aforesaid, in London, aforesaid, as the said W. above complaineth against him: And this, &c. judgement, if, &c.   

DEclaration in trespass, 
The Husband not guilty, the Wife in her own defence. M. 4 Jac. Rot. 1712.  and assault against the Husband and his Wife, &c. and the said W. and F. come, &c. when, &c. And the said W. saith, That he is in nothing guilty of the Trespass and Assault aforesaid, as, &c. And of this, &c. And the said W. and F. for the same F. his wife, as to the coming with force and arms, saith, That the same F. is in nothing thereof guilty: And of this, &c. And as to the residne of the Trespass and Assault aforesaid above supposed to be done, the same W. and F. for her the said F. say, That the said Plaintiff his Action, &c. ought not, because they say, That the aforesaid G. the day and year aforesaid, on her the said F. at, &c. and her, &c. By which the same F. her self, &c. And this they the said W. and F. for her the said F. are ready to aver, whereupon they pray judgement, if the said G. his Action aforesaid thereof against her ought to have, &c.  
And the said Plaintiff saith, 
Replication.  &c. ought not to be debarred; because he saith, That the aforesaid F.( such a day and year) aforesaid, by force and arms, &c. of her own wrong, and without the cause by them the said W. and F. for her the said F. above alleged on him the said G. at, &c. as, &c. And this he prayeth, &c. And the said W. and F. for the same F. likewise: Wherefore as well to try that Issue as the said other Issue, between him the said G. as the aforesaid W. above joined; it is commanded to the Sheriff, that he cause to come, &c.  
T. M. late, &c. was attached to answer G. D. Clerk, 
Trespass and assault brought by a Vicar for hindering of him to carry his tithes an usua● Way.  Vicar of the Church of L. of a Plea, wherefore by Force and Arms him the said G. did hinder, whereby the free ingress in and by the Gleab Lands of the Rectory of the Church of L. to the tythable Lands of the Mannor of L. in L. aforesaid, and regress from the same to have, and his tithes there being to his Vicarage of L. aforesaid, by the way by which the same G. and all his Predecessors of the Vicarage Church aforesaid, time out of mind, were used to carry their tithes, and on the Men and his Servants there did make an assault, and them beat, wound, and evil-intreat; by which the same G. the service of his Men and Servants aforesaid by a great time lost; And other Enormities, &c. To the great Damage of the said G. and against the public Peace, &c. And whereupon, &c. doth complain. That the aforesaid T.( such a Day and Year) by Force and Arms him the said G. whereby the free Egress, in and by the Gleab Lands of the Rectory of the Church of L. aforesaid, in L. aforesaid( that is to say) in certain Fields called the Valley, the Eleven Acres, the Parsonage Ya●d in L. aforesaid, being the Gleab Lands of the said Rectory of L. aforesaid, to a certain Field called the C. Field in L. aforesaid, being Tythable Land of the Mannor of L. aforesaid, in L. aforesaid, and Regress from the same to have, and his tithes( that is to say) one Cart of Pease, to the value of a hundred shillings there( that is to say) in the said Field called C. Field, being to his Vicarage of L. aforesaid by the way in the Fields aforesaid called the Valley, the nine Acres, the Parsonage Yard, by which the same O. and all his Predecessors of the Vicarage of the Church aforesaid, time out of mind were used to carry their tithes, did enter, and then and there with Swords, Staves, and Knives, on his Men and Servants( that is to say) T. H. R. H. &c. did make an assault, and them beat, wound, and evil entreat, by which the same G. lost the Service of his Men and Servants for a great time( that is to say) from( such a Day) until such a Day and Year: And other Enormities, &c. M. 4 Jac. Rot. 1408.   

Surrey●ss. THomas Hewet, Esq 
For res●●ing a● Herriot.  complaineth of John Jordan in the custody of the Marshal, &c. for that( that is to say) that whereas the said T.( such a Day and Year) was seized in his Demesn as of Fee( to wit) in ten Acres of Meadow, with the Appurtenances, at C. in the County aforesaid, which one Ja. J. now deceased, Father of the said J. whose Heir the same J. is, did hold of the same T. as of his Mannor of S. in the County aforesaid, by Fealty and the Rent of fourteen shillings every year at the Feasts of, &c. by equal portions to be paid, and by Service of doing svit at the Court of him the said T. of his Mannor aforesaid, from three weeks to three weeks at that Mannor yearly to be held, and also by the service of rendering after the Death of any Tenant thereof dying seized, the best Beast which was of such Tenant at the time of his Death, of which Services the same T. was seized by the hands of the said James, as by the hands of his true Tenant( that is to say) of the Fealty and svit of Court aforesaid, as of Fee and Right, and of the Rent and Herriot aforesaid, in his Demesn as of Fee; which said James dyed thereof seized( such a Day and Year) and at the time of his Death at C. aforesaid, was possessed of a certain Bullock, of the price of forty shillings, which said Bullock was the best Beast of the said J. at the time of his Death, by which belonged to the said T. Herriot for the Customs and Services( to wit) for the Herriot aforesaid after the Death of the said James: and the same T. by one S. B. and E. B. had caused the said Bullock to be taken, and that Bullock there to be impounded, and in the name of Distress, according to the Law and Custom of the Kingdom of the now Lord the King of England, for the Herriot aforesaid, would have detained; the aforesaid Ja. J. then and there( to wit) the said( such a Day and Year) by Force and Arms, &c. at Charlewood aforesaid, did rescue that Bullock, and keep that Bullock from the said S. and E. and other Enormities, &c. Pasch. 18 Jac.   

Kent ss. RIchard Potman Knight, 
For taking a Colt a Stray belonging to a Keeper of a Hundred.  doth complain of Richard Empson in the custody of the Marshal, &c. for that( that is to say) that whereas the same R.( such a Day and Year) was, and yet is, Keeper of the Hundred of the Lord the King of M. in the County aforesaid, by means whereof the same R. ought, and hath been accustomend to have, and all his Ancestors Keepers of the Hundred of M. aforesaid, from the time of the contrary whereof the memory of men is not extant, have been accustomend to have all Strays within the Precinct of that Hundred found, the aforesaid R.( such a Day and Year) abovesaid at V. within the Precinct of the Hundred aforesaid, in the County aforesaid by force and arms, &c. one Colt of the price of forty shillings at V. aforesaid in the County aforesaid, and within the Precinct of the Hundred aforesaid found, as a stray Colt to him the said R. as Keeper of the Hundred aforesaid belonging, did take and carry away; and other Enormities to him he offered against the Peace, &c.   

THE Plaintiff doth complain, 
Trespass in a Warren, and taking away Cowes, Partridges, &c. and carrying away g●●ds.  That the Defendant( such a Day and Year) by Force and Arms, &c. the Close of him the said W. at L. did break, and his Grass to the value, &c. there lately growing, by walking with his Feet, did tread down and consume, and also the Free Warren of him the said W. at L. aforesaid, did enter, and in the same without his licence, and against his Will, did hunt, and the Hares( that is to say) &c. Conies( that is to say) &c. Pheasants( that is to say) &c. Partridges( that is to say) &c. from the Warren aforesaid did take and carry away, and his Goods and Chattels, that is to say, &c. to the value, &c. there lately found, did take and carry away, the Trespass aforesaid, as, &c. continuing, and other Enormities, &c. Hill. 7 Jac. Rot. 1202.   

BOurn against Habord. 
Justification in Tresposs for hunting a Badger.  And the said J. H. as to the whole Trespass aforesaid, in the aforesaid place called B. with the Appurtenances assigned newly above supposed to be, except the breaking of the Close aforesaid, and digging of the soil aforesaid, saith, That he is not thereof guilty, and of this, &c. likewise; and as to the breaking of the Close aforesaid in the aforesaid Close called B. assigned newly and the digging of the Soil aforesaid in the same Close above supposed to be done, the same J. H. saith, That his Action, &c. ought not, because he saith, That within the aforesaid Close called B. newly assigned, before the aforesaid time, in which, &c. and also the said time in which, &c. there were certain Earths and Dens, wherein Badgers and Foxes, being hurtful living Creatures, and which were wont usually to kill Sheep, Lambs, and such like living Creatures, profitable and necessary for the Food and Sustentation of men, did trench and earth themselves: and the same J. H. further saith, That he the aforesaid( such a Day and Year) in a certain Close of Land, called A. in O. aforesaid, did find the Trace of two Badgers, being hurtful Creatures, and which were usually accustomend to kill Lambs and Sheep, and other such like living Creatures as aforesaid, and the same Trace of the said Badgers so found from the said Close called A. into the aforesaid Close called B. above newly assigned at the aforesaid time, in which, &c. did follow and hunt, in which the said Close assigned of new, the aforesaid two Badgers, the aforesaid time in which, &c. in the said Trenches and Earths in the same Close assigned of new, being, had entrenched and then earthed themselves there, by which the same J. H. the aforesaid time in which, &c. to kill and destroy them so under the Earth( as aforesaid) Trenching and Earthing in the soil aforesaid, in the said Close called B. assigned anew, then and there did dig, and those Badgers out of the Trenchings and Earthings aforesaid in the said Close of new assigned, being at the said time in which, &c. did dig, and them then and there did kill, destroy, as it was lawful for him, which said following and hunting of the Badgers aforesaid, in form aforesaid made, and the digging of the soil aforesaid, in the said Close called B. assigned anew, are the same breaking of the Close aforesaid, and digging of the soil aforesaid, whereof the said J. B. against him the said J. H. above himself now complaineth: And this, &c. judgement if, &c. ought, &c.   

THE Defendant, 
For hindering the Plaintiff from exercising his Office of a Steward, granted by Letters Patents.  &c. of a Plea, That whereas the Lady Elizabeth late Queen of England( such a Day and Year) at W. in the County of M. by her Letters Patents, sealed under the great Seal of England, did give and grant to the same Earl, from the time of the full age of him the said E. of one and twenty years to the Term, and for, and during the whole term of the natural life of the said E. the Office of the Steward of the Lordships or manors of her the said late Queen of M. in the County aforesaid, and Bolsover and Horsley in the County of Derby, with the Vails and Fees to the same Office of ancient due and accustomend to have and yearly to receive the said Vails during the term aforesaid, of the Issues, Profits, Farms, and Reversions of the said Lordships or manors by the hands of the farmers, Receivers, or other Occupiers of the same for the time being, at the Feast of Saint M. the A. and E. by equal portions; together, with all other Profits, Rights, Commodities, Jurisdictions, privileges, worthies, and Emoluments, from the said Office arising, or in any manner pertaining; and whereas the same E. before the making of the said Letters Patents( that is to say, such a Day and Year) came to his full age of one and twenty years, and by virtue of the Letters Patents aforesaid, was seized of the aforesaid Office of Steward of the aforesaid Mannor of M as of his Freehold for the term of his life, and that Office from the aforesaid( such a Day and Year) for one whole year then next following, well and faithfully had exercised and executed, and the Vails, Fees, and Profits, to the said Office of Steward of the Mannor of M. aforesaid from ancient time due and accustomend by the same time, had received and had, the aforesaid T. and C. machinating very much to grieve him the said E. and greatly to disturb him the said E. of the Exercise and Execution of the aforesaid Office of Steward of the Mannor of M. aforesaid, and wholly to frustrate and hinder him the said E. of the Vails, Fees, and Profits, which by reason of the Execution of that Office, he might and ought of right to have and receive, of their own wrong, without any Right or lawful Authority or licence of him the said E( such a Day and Year) at M. aforesaid, the said Office of Steward of the same Mannor of M. did exercise and execute, and from thence hitherto do exercise, execute, and occupy, and all and singular the Vails and Fees, Commodities, and Profits to the same Office due, and by reason of the Exercise and Execution of the Office aforesaid, within the Mannor of M. aforesaid, of Right pertaining, have had and received to their proper use, and the same E. from exercising tha● Office within the said Mannor of M. and the Vails, Fees, Commod●●●s, and Profits to the same Office of Right pertaining, of Right have taken and received by Force and Arms, then and there did hinder, and yet do hinder, and other Enormities, &c. Trin. 7 Jac. Rot. 2612.   

AND the aforesaid R. and I. as to any trespass in the aforesaid piece of Land newly assigned above supposed to be done, saith, 
Challenge to the Town for that, that it is within the Distress of the Plaintiffs and the Venire Facias of the next Town without the Hundred.  that he is not guilty thereof, and of this, &c. and the said Plaintiff likewise. And hereupon the same T. saith, that the aforesaid Town of E. is within the Hundred of S and within the Rape of Hasting in the County aforesaid, and that the same T. is Lord of the Rape aforesaid, and that the free Tenants within that Rape, are within the distress of him the said T. P. and that the Town of W. within the Hundred of E. in the County aforesaid, is the next Town to the said Rape of H. aforesaid next adjoining, and for that cause the same T. prayeth the Writ of our Lord the King, of causing to come twelve, &c. to try the Issue aforesaid of the neighbourhood of W. aforesaid; and because the said R. and I. this have not denied, but have confessed the same to be true, it is granted to him, &c. Therefore it is commanded, &c. twelve, &c. of the Neighbourhood of W. aforesaid, &c. Trin. 10. Jac. Rot. 1716. 
Replevin in the Detinet and Detinuit.     

Trespass upon the Case.  
G. B. Esquire, 
London. ss. A Declaration in trespass of the Case against a common ●arrier for loss of Goods delivered to him.  complains of Peter M. in the custody of the Marshall of the Marsha says of our Lord the King, before our said Lord the King being, for that,( that is to say) Whereas the aforesaid P.( such a day and year) and long before, and always after, hitherto was, and yet is a common carrier, from the City of exeter, in the County of the same City, unto the City of London, and from the City of London unto the aforesaid City of exeter: And the sam● P. the same day and year and long before, and continually after hitherto was used and accustomend, by himself and his servants, upon the Horses of him the said P. to carry Goods and Chattels for any manner of persons, for a reasonable and a lawful Stipend and Salary in that behalf therefore to be paid; to be carried to and from, and between the aforesaid City of exeter, and the aforesaid City of London according to a usual agreement and payment in that behalf to be mad and had. And whereas also, according to the Law and custom of this Realm of England, all such like Common carriers who do receive Goods and Chattels of any manner of persons so to be carried, for a reasonable and lawful Stipend and Salary therefore to be given or paid, are bound to keep and carry the same Goods and Chattels of such like persons so received, without spoiling with-holding, or losing of them: So that for, or by the default of such Common Carrier, no Damage should in any manner happen to such persons by carrying of their Carriages: And whereas the aforesaid P. the( aforesaid such a day and year) at L.( that is to say) in the Parish, &c. had taken up, on him to carry one trunk fast locked, with divers Moneys, Goods and Chattels, of him the said G. to the value of a hundred Pounds in the same trunk, then being, safely and carefully from the aforesaid City of exeter, to, and unto the aforesaid City of London, and for a certain and usual Stipend, Salary, and Rate, for carrying of the said trunk, Moneys Goods, and Chattels aforesaid, by the aforesaid G. to the aforesaid P. then afterwards to be paid: And whereas the aforesaid P. afterwards, to wit( Such a day and year aforesad) at the City of exeter aforesaid, received of him the said G. the Trunk aforesaid with the Moneys, Goods, and Chattels aforesaid, in the same Chest then as aforesaid being locked, in Form aforesaid to be carried: The aforesaid P. the Trunk aforesaid, with the Moneys, Goods, and Chattels aforesaid of him the said G. afterwards, to wit( Such a day and year, and place) did so negligently, and improvidenty keep and carry, that divers Moneys, Goods and Chat●ells, of him the said G.( in the said Trunk as aforesaid, before that being locked)( that is to say) fifty pounds in Money numbered, one pair of black laced Garters, to the value of twelve shillings, one gold embroidered Girdle, to the value of twenty shillings, and one, &c. to the value of, &c. by the negligent custody of him the said P. then and there lost, were taken and carried away by Persons to him the said G. altogether unknown, so that he the said G. those moneys, Goods, and chattels last mentioned, from thence unto the day of exhibiting this Bill, to wit( such a day and year) hath not received nor had, although the aforesaid P. by him the said G afterwards, to wit( Such a day, year, and place) hath often been required to deliver to him the said G. the Moneys, Goods, and Chattels aforesaid so as aforesaid lost, whereupon the same G. says. That he is damnified and hath damage to the value of a hundred pounds, and thereupon he brings svit, &c.  

MIddlesex ss. A. W. Gentleman, 
Case against a clerk of the Kings Bench for appearing and fi●ing a bail without warrant.  complains of F. W. Gentleman, one of the clerks of Robert Heath Knight, and George Paul Knight, chief clerks of our Lord the King, of the Pleas in the Court of our said Lord the King, before the same King assigned to be enrolled, according to the Liberties and privileges, &c. present here in Court in his proper person, for that that is to say) whereas heretofore, to wit, in the Term of Saint Michael, in the seventeenth year of King James, late King of England, one Thomas Morgan Esq and Rachel his Wife, prosecuted out of the Court of the said late King, the same Court then being at Westminster in the County of Middlesex, a certain Writ of Latitat of him the said late King, then directed to the Sheriff of Shropshire: By which said Writ, he the said late Lord the King then commanded the then Sheriff of S. that he the said then Sheriff should take the aforesaid A. W. if he then should be found within his Bailiwick, and him should safe keep, so that he might have his body before the said late King at Westminster, on Thursday after eight daies of the Putification of the blessed Virgin Mary, to answer the aforesaid T. Morgan and R. his Wife of a Plea of trespass; which said Writ afterwards, and before the return of the same, was delivered to one Thomas Harris Esquire, then Sheriff of S. at L. in the aforesaid County of S. in form of Law to be executed By virtue of which said Writ, he the said A.W. after and before the return of the same, to wit, the twenty second of January, in the seventeenth year aforesaid, by the aforesaid then Sheriff of S. at L. aforesaid, was taken and arrested, upon which he the said A.W. did put in sufficient Manucaptors for his appearance before the said late Lord the King at Westminster, to the then Sheriff, at the day of the return of the same Writ, according to the exigency of the said Writ. And whereas also the aforesaid F. long before, and at the aforesaid day of the return of the Writ aforesaid, was one of the attorneys in the Court of our said late Lord the King, before him the said late Lord the King at W. aforesaid: And so being an Attorney, he the said F. at the return of the same Writ, to wit, the aforesaid Thursday next after eight daies of the Pu●ification of the blessed Virgin Mary, in the same Court at Westminster aforesaid, as the Attorney of him the said A. and for him the said A. at the svit aforesaid, without any Warrant or consent of him the same A. did appear, and put in then there a certain Bail for him the said A. at the svit of the said T. M. and R. without any warrant or consent of him the said A. Upon which said appearance the aforesaid T. M. and R. as Executrix of the Testament and last will of D. K. lately, &c. in the term of Saint hilary, in the seventeenth year aforesaid, in the same Court of our said late King, before him the said late King at Westminster, without the consent of him the said A. impleaded the aforesaid A. of a Plea, that he render him four hundred pounds of lawful money of England, upon a certain Writing Obligatory to him the said D. R. in his life time by him the said A made, which as they said he then unjustly detained from them and in such manner it was thereupon proceeded in the same Court, that the aforesaid T. M. and R. afterwards, to wit, in the term of Easter, in the first year of the King that now is▪ in the aforesaid Court of our said Lord the King that now is, before, &c. at W. recovered against the aforesaid A. W. as well the aforesaid four hundred pounds, of the Debt aforesaid, as nine pounds ten shillings and ten pence, for their Damages which they the said T. M. and R. sustained, as well by reason of the detaining of the same Debt, as for their costs and charges by them about their svit in that behalf laid out, whereof he the said A. W. was convicted, as it now appears to the said Lord ●he King of Record: notwithstanding he the said A. W in fact saith, That he the said A. W. gave not to him the said F. any Warrant to appear at the svit aforesaid, nor at the svit aforesaid to put in any bail, nor ever retained or requested him the said F. to appear or put in bail for him the said A. in the Court aforesaid, at the svit of them the said T. M. and R, or any other person or persons whatsoever, nor in any manner to be the Attorney of him the said A. in the svit aforesaid. But he the said F. plotting, and fraudulently intending the aforesaid A. in that behalf craftily and subtly to deceive and defraud in the aforesaid term of Saint Michael, in the year aforesaid, of his own mere spontaneous will, without any retainder, notice, or consent of him the said A. did appear and put in the bail aforesaid, for him the said A. Whereupon the said A. saith, That he is Damnified and hath Damage to the value of five hundred pounds and thereupon he brings his svit, &c.   

GLouc. 
Case against an Inn-keeper for Money delivered to him by one of his Guests.  ss. Thomas Low complains of Thomas Watkins, Inn-keeper of the Common Inn called the Crown in Newport, in the County aforesaid, in the custody of the Marshal, &c. For that( that is to say) whereas according to the custom of the Realm of the Lord the King of England, Inn-keepers which keep common Inns to entertain men journeying by the parts where such Inns are, and in them lodging( their Goods and Chattels within those Inns being) without diminishment or loss are bound to keep safe day and night, so that by defect of the said Inn keepers or their servants no Damage should any ways happen to such Guests: And whereas the aforesaid T. W. before the tenth day of October, in the sixth year of King James, and the same tenth day did hold and keep a Common Inn in Newport aforesaid, and the aforesaid T. L. in the same Inn as his Guest, then and there was entertained; yet certain Malefactors to him the said T. L. unknown, the same tenth day of October, in the sixth year of King James aforesaid, at N. aforesaid, in the County aforesaid, a certain purse to the value of two shillings, and fourteen Pounds and seven shillings money numbered, of the Money of him the said T. L. in the same Purse contained, under the custody of the aforesaid T. W( in the Inn aforesaid of him the said T. W.) by the aforesaid T. L. his Guest lost, for default of due keeping of him the said T. W and his servants, took and carried away, to the Damage of him the said T. L. forty pounds: And thereupon, &c.   

EBor ss. J. S. late of S. in the County aforesaid Yeoman, 
Case against one for making Trenches cross his way whereby he was hindered from watering.  was attached to answer W. F. for that( that is to say) whereas he the said W. i, and a long time hath been seized of one messsage, and ten Acres of Land with the Appurtenances in W. in the County aforesaid, in his Demesne as of Fee, and he and all his Ancestors, and all they whose Estate he the said W. now hath, of and in the Tenements aforesaid with the Appurtenances, have had, and have been accustomend to have a certain way from the messsage aforesaid, unto a certain Well in W. aforesaid, called R. Well, for to draw and take away water there, and also unto one Acre of Land of him the said W. parcel of the Tenements aforesaid, in the common fields, called the Out-feilds in W. aforesaid, by, through, and beyond a certain piece of Land( that is to say) three Acres of Land of the aforesaid J. S. in W. aforesaid, with all his Carts and Carriages, to carry and re carry the Corn, Hay, and other profits of the Tenements aforesaid, and to drive, and drive back all and all manner of their cattle by, thorough and beyond the aforesaid piece of Land of the aforesaid, J. S. by the whole year, whensoever, and as often as it should please him the said W. as unto his Tenements aforesaid with the Appurtenances belonging and appertaining; yet the aforesaid J. S. being not ignorant of the Premises, plotting him the said W. in this behalf, very much to wrong, and him the said W. so to hinder, whereby he might be able the less to make any profit of the Well aforesaid, to have water there in form aforesaid; and of the aforesaid Acre of Land of him the said W. in the Common fields of W. aforesaid( such a Day and Year) by Force and Arms( that is to say) with Ploughs, Plough shares, Mattocks, Shovels, and Spades, the ground of the aforesaid piece of Land of him the said J. in W. aforesaid he did break up, and certain Trenches there made on cross the way aforesaid, by which he the said W. to come unto the Well aforesaid to have water there, and to take it away or his cattle unto the aforesaid Acre of Land of him the said W. in the Common fields aforesaid, to bring or bring back by a great time that is to say) from the aforesaid( such a day and year) unto the the day of the Suing forth the Original writ of the said Plaintiff, was no ways able: And he the said W. by that means, the profit of the Well aforesaid, and of the aforesaid Acre of Land, which he ought thereof to have made, by the same time hath wholly lost, & other harms to him did, to the great Damage of him the said N. and against the Peace of our said Lord the King that now is; whereupon he saith that he is damnified, and hath Damage to the value of forty pounds, and thereupon he brings svit, &c.   

A. P. 
London. ss. Case for a Prothonotaries clerk for money upon a promise upon his Writ of privilege.  Gentleman was attached by a Writ of privilege of our Lord the King from the Court here issuing, to answer T. J. Gentleman, one of the clerks of Richard Brownlow Esquire chief protonotary of the Court of our Lord the King of his Bench here, according to the Liberties and privileges of the same Court for such Prothonotaries, their clerks, and other Ministers of the same Bench, time out of mind in the same used and approved, of a Pea of trespass upon the Case, &c. And whereupon the said T. in his proper person complains, that whereas the aforesaid A.( such a day, year, and place) in consideration that he the said T. at the special instance and request of the aforesaid A. would exemplify a certain Jugdement in the Court of our Lord the King that now is, here, before that time had and obtained, by one E. W. Gentleman, against H. F. W. A. J. A. and R. B. upon a certain Verdict for him the said E. against them the said H. W. J. and R.( before the Justices of our Lord the King at the Assizes in the County of Stafford to be taken, assigned on Thursday the two and twentieth day of July, in the 6. year aforesaid at Stafford in the same County to be held) rendered: And that Exemplification under the hand of the protonotary of the same Office in which the Judgement aforesaid, in form aforesaid, was had and entred would cause to be signed, did assume upon himself and to him the said T. did then and there faithfully promise, that he the said A. would pay to him the said T. when he should be thereunto afterwards required, such a sum of Money, as he the said T. for his labour and pains in that behalf should reasonably deserve, and all Fees and Expenses by him the said T. to the aforesaid protonotary for signing the Exemplification aforesaid to be expended and paid; and he the said T. says, that he upon the hope of the faithful performance of the promise and assumption aforesaid of the aforesaid A. afterwards, to wit( such a day, year, and place) did exemplify the judgement aforesaid, and the same under the hand of Richard Brownlow Esquire, chief protonotary of the Court of our said Lord the King of his Bench here, in whose Office the judgement aforesaid in form aforesaid was had and entred then and there caused to be signed and paid to him the said R. B. for the signing thereof thirty shillings, and that he the said T. did reasonably deserve to have for his labour and pains for exemplifying the judgement aforesaid twenty shillings, yet the aforesaid A. his promise and assumption aforesaid little regarding, but plotting and fraudulently intending the aforesaid T. in that behalf craftily to deceive and defraud, the aforesaid several sums of money, in the whole amounting to fifty shillings to him the said T. although unto this by him the said T. such a day, year, and place, and often afterwards he hath been thereunto required, according to his promise & assumption aforesaid he hath not as yet paid, but the same hitherto to pay he hath altogether refused, and as yet doth refuse, to the damage of him the said T. of ten pounds and thereof he brings svit, &c. Pledges of prosecuting, John do and Richard row.   

AND whereupon the said T. in his proper person complains, 
The like as before for Fees for drewing a Declaration.  That whereas the aforesaid W.( such a day, year, and place) in consideration, That he the said T. then and continually afterwards, hitherto being one of the clerks of the aforesaid chief protonotary, at the especial instance and request of the aforesaid W. would draw for him the said W. a certain Declaration against one T. P. at the svit of the aforesaid W. and E. his Wife, of and upon a certain Writ of our said Lord the King of a Capias, at the Suite of them the said W. and E. against the aforesaid T. P. in the Court of the said Lord the King, of his Bench here issued forth, and there in the term of Saint Michael last past returnable, and returned of a Plea of Covenant broken, of and upon a certain Indenture between the aforesaid W. and E. of the one part, and the aforesaid T. P. and A. his Wife, of the other part made, bearing date( such a day and year) did assume upon himself, and to him the said T. I. did then and there faithfully promise, that he the aforesaid W. when after the drawing of the Declaration aforesaid, he should be thereunto required, would pay to him the said T. such a sum of Money, as he the said T. I. in that behalf should reasonable deserve to have: And although he the said T. I. upon the hope of the faithful performance of the aforesaid promise, and assumption of the aforesaid W. afterwards, to wit( such a day) in the same Term of Saint Michael, in the nineteenth year aforesaid at L. in the Parish and Ward aforesaid, did draw for him the said W. the Declaration aforesaid; and did reasonably deserve to have for drawing the same Declaration, forty shillings, yet the aforesaid W. his promise and assumption aforesaid little regarding but plotting and friudulently intending him the said T. I. of the aforesaid forty shilling craftily to deceive and defraud, the same forty shillings or any parcel thereof, to him the said T. although unto this by him the same T. after the drawing of the Declaration aforesaid, to wit( such a day, and year, and place) was thereunto required, according to his promise and assumption aforesaid hath not paid, or to him the said T. in any manner for the same contented, but the same to him hitherto to pay hath altogether refused, and as yet refuseth, whereupon he saith, That he is damnified, and hath Damage to the value of ten pounds, and thereupon he brings svit, &c. Pledges of prosecuting, John do, and Richard row, &c.   

Wilts ss. 
Case for obstructing a way prescribed for by building a House.  R. S. complains of W. B. in the custody of the Marshal, &c. for that( that is to say) Whereas he the said R.( such a day and year) and continually afterwads, hitherto was seized in his Demesne as of Fee, of and in one Capital messsage called M. in S. in the aforesaid County of W. and of and in a certain Close of artable Land to the said messsage belonging, containing by estimation ten Acres, lying and being in a certain field called Wastfeild, in S aforesaid, in the County aforesald: And whereas also he the said R and all those whose Estate he the said R. now hath, of and in the aforesaid Capital Mess●age, and of and in the aforesaid Close of Land, containing by estimation ten Acres with the appurtenances, by the whole time aforesaid, as also time out of mind have had, and were accustomend to have for themselves and their Tenants, of the same Capital messsage, and of the aforesaid Close of Land, containing &c. And the Farmers thereof a certain Wain-way and Cart-way, to pass and re-passe, drive and drive back all and all manner of their cattle, and to carry and re-carry all and all manner their Carriages with Wains and Carts, and for ploughing, Sowing, and carrying away the Grain in the aforesaid Close of arable Land, containing, &c. sowed, and for carrying away of Compost from the aforesaid capital messsage of him the said R. unto, in, by, and over the Street in the Town of S. aforesaid, and from the Street aforesaid, in the Town of S. aforesaid, unto, to, and in a certain way in the aforesaid field called Wastfeild, between a certain Stone-wall called the new Wall, and a certain piece of arable Land of the aforesaid W. B. called the new arable half Acre, and from thence unto, to, and in the aforesaid Close of arable Land of him the said R. containing, &c. And so back again from the aforesaid Close of arable Land of him the said R. containing by estimation ten Acres, unto, to, and in the aforesaid way in the aforesaid field called Wastfeild, between the aforesaid Stonewall called the new Wall, and the aforesaid piece of arable Land of the aforesaid W. B. called the arable half Acre, and from thence unto, to, in, by, and over the aforesaid Street in the Town of S. aforesaid, and from thence unto, to, and in the aforesaid Capital messsage of him the said R. at all times of the year, as unto the aforesaid Capital messsage of him the said R. S. with the Appurtenances belonging and appertaining, yet the aforesaid W. B. being not ignorant of the premises, but plotting and maliciously intending him the said R. S. of the wain and Cart-way aforesaid wholly to deprive( Such a day and year) a certain house upon & on across, the aforesaid Wain & Cart way near unto the South end of the aforesaid ston Wall called the new wall, between the aforesaid ston wall called the new Wall, and the aforesaid piece of arable Land of the aforesaid W. B. called the arable half Acre of the aforesaid W. B. at S. aforesaid in the County aforesaid, did erect and build, and the aforesaid House so there erected and built, always afterwards hitherto hath most unjustly kept and maintained, and as yet keeps and maintains; by which he the said R. S. the use, profit, and accommodation of the aforesaid Wain and Cart-way, then and always afterwards hitherto hath totally lost, and is deprived of, whereupon the same R. S. says, that he is damnified, and hath Damage to the value of fifty pounds, and thereupon brings svit, &c. Pledges, &c.   

Sussex ss. T. S. late of, 
Case upon a Promise in consideration of day given to pay a sum of Money, with Interest for the same.  &c. was attached to answer laurence Pattock of a Plea, wherefore whereas one P. P. of, &c. Grandfather of him the said L.( such a Day, Year, and place) did make his Testament and last Will in Writing, and by the same Will did will and bequeath to him the said L. ten pounds of lawful money of England, to be paid to him the said L. when he the said L. should attain to the age of twenty four years; which said Sum of ten pounds to him the said L. in form aforesaid bequeathed, at the time of the Bequest aforesaid, was, and yet remains in the hands of the aforesaid T. S. and the aforesaid J. P. by his Will aforesaid did further will the aforesaid Sum of ten pounds should continue and remain in the hands of the aforesaid T. S. until he the aforesaid L. should attain unto the aforesaid age of twenty four years, the said T. S. paying for the Use or Interest thereof yearly after the Death of the aforesaid J. to the aforesaid L. or his Assigns, thirteen shillings and four pence, to be bestowed about such necessaries as he the said L. should want, until the said L. should attain unto the aforesaid age of twenty and four years; and whereas the aforesaid J. P. afterwards, to wit( such a Day, Year, and place) dyed, and that he the said L. afterwards, to wit( such a Day and Year) did attain to the full age of twenty four years, and that the aforesaid T. S. from the time of the Death of the said J. P. hitherto, hath not paid to him the said L. any part of the Use or Interest aforesaid, so as aforesaid reserved for the aforesaid ten pounds in the hands of the aforesaid T. S. as aforesaid remaining: The aforesaid T. S. all the premises aforesaid fully knowing to be true, afterwards to wit( such a Day and Year) at Eastgrinsted aforesaid, in consideration of the premises, and that he the said L. at the especial instance and request of the aforesaid T. would give him the said T. Day of payment, as well of the aforesaid ten pounds, so as aforesaid bequeathed and in the hands of the aforesaid T. as aforesaid remaining, as the Use and Interest for the same ten pounds to him the said L. by the aforesaid T. from the aforesaid time of the Death of the aforesaid J. P. as aforesaid remaining arrear and unpayd unto such a Day and Year then next following, did assume upon himself, and to him the said L. then & there did faithfully promise, that he the said T. S. would pay to him the said L. as well the aforesaid ten pounds, so as aforesaid bequeathed, as the Use and Interest thereof from the aforesaid time of the Death of the aforesaid J. P. until the aforesaid full age of the aforesaid L. according to the aforesaid rate of thirteen shillings and four pence for every year thereof to him the said L. so as aforesaid being in arrear and unpayd upon( such a Day & Year) next following the Promise and Assumption aforesaid in form aforesaid made, and although he the said L. upon the hope of the faithful performance of the aforesaid Promise and Assumption of the aforesaid T. then and there, to wit( such a Day, and Year, and place aforesaid) did give to him the said T. Day of payment as well of the aforesaid ten pounds, so as aforesaid bequeathed, and in the hands of the aforesaid L as aforesaid remaining, as also of the Use and Interest for the same ten pounds to him the said L. by the aforesaid T. from the time of the Death of the aforesaid J. P. as aforesaid being in arrear and unpayd, until such a Day and Year aforesaid) and although also the Use and Interest of the aforesaid ten pounds, from the time of the Death of the aforesaid J. P. unto the aforesaid full age of twenty four years of him the said L. to wit, by six years ending( such a Day and Year) next before he the said L. did attain to the full age of twenty four years, according to the aforesaid rate of thirteen shillings and four pence for each year thereof, did amount unto four pounds; which said four pounds, together with the aforesaid ten pounds in form aforesaid bequeathed, in the whole do amount unto fourteen pounds, yet the aforesaid T. his Promise and Assumption aforesaid little regarding, but ploting and fraudulently intending him the said L. in that behalf craftily to deceive and defraud, the same fourteen pounds or any parcel thereof to him the said L. according to his Promise and Assumption aforesaid, hath not as yet paid, but the same to him hitherto to pay hath altogether refused, and as yet refuseth, to the Damage of him the said L. forty pounds, &c. and whereupon he the said L. by W. Christmas his Attorney, complains, That whereas one J. P. &c.( and recite the whole as before) and thereupon he brings svit, &c.   

Surrey ss. 
Case upon an Assumosit for money for wears where part is paid.  J. E. late of, &c. was attached to answer R. B. of a Plea, wherefore whereas the aforesaid J.( such a Day, Year, and place) in consideration, that he the said R at the especial instance and request of him the said J. had bargained, sold, and delivered to him the said J. fifteen Weathers for eleven pounds and five shillings, one other Weather for thirteen shillings, ten other Weathers for five pounds six shillings and eight pence, two Bullocks for ten pounds and ten shillings, and two other Bullocks for tweive pounds, did assume upon himself, and to him the said R. then and there did faithfully promise, that he the said J. the aforesaid several Sums of money, in the whole amounting to thirty nine pounds fourteen shillings and eight pence to him the said R. when he should be thereunto afterwards required, would well and faithfully pay and content; and although he the said J. afterwards, to wit( such a Day, Year, 
Payment of part.  and place) paid and satisfied to him the said R. twelve pounds and eight shillings of the aforesaid thirty nine pounds fourteen shillings and eight pence, yet the aforesaid J. his Promise and Assumption aforesaid, as to twenty seven pounds six shillings and eight pence of the aforesaid thirty nine pounds fourteen shillings and eight pence residue, little regarding, but ploting and fraudulently intending him the said R. of the aforesaid twenty seven pounds six shillings and eight pence craftily to deceive and defraud, the same twenty seven pounds six shillings and eight pence to him the said R: although unto this by him the said R. afterwards( such a Day and Year) at croyden aforesaid he hath been thereunto requested, according to his Promise and Assumption aforesaid hath not paid, or in any manner for the same satisfied, but the same to him hitherto to pay he hath altogether refused, and as yet refuses, to the Damage of him the said R. forty pounds, &c. and whereupon the said R. by T. Dawling his Attorney, complains, wherefore when as, &c.( And so recite it as before) and thereupon he brings his svit, &c.   

W. H. complains of J. A. in the custody of the Marshal, &c. 
Devon. ss. Case upon a promise to become security in consideration of a●um of Mo●y to be lent with forbearance.  for that( that is to say) whereas the aforesaid J. the sixth Day of February, in the year, &c. at Uxborough in the County aforesaid, in consideration, that the aforesaid W. at the especial instance and request of him the said J. would lend and deliver unto one B. H. ten pounds of lawful money of England( to be forborn by the space of six Months then next following( that is to say) from the same sixth Day of February, in the fifteenth year aforesaid( unto such a Day then next following) did assume upon himself, and to the aforesaid W. then and there did faithfully promise, That he the said J. for the same B. and together with him the said B. one J. H. would become bound and obliged to the aforesaid W. in the Sum of twenty pounds of lawful money of England, with condition of the true payment of the aforesaid ten pounds to the aforesaid W. or his Assigns, in and upon( such a Day then next following) and he the said W. in Fact saith. That he the said W. trusting to the Promise and Assumption aforesaid of the aforesaid J. afterwards, to wit( such a Day. Year, and place) at the said instance and request of him the said J. did lend and deliver the aforesaid B. the aforesaid ten pounds to be forborn for the space of the aforesaid six Months( that is to say) from the( same, &c.) yet the aforesaid J. A. his Promise and Assumption aforesaid little regarding, but plotting and fraudulently intending the aforesaid W. in that behalf, craftily and subtly to deceive and defraud, although he the said W. afterwards, to wit( such a Day, Year, and place) did offer to the aforesaid J. a certain Writing, with Wax and labelns thereunto fixed, 
Tender of a Writing to seal.  containing in it, That he the said W. together with the aforesaid B. H. and J. H. should be bound to the aforesaid W. in the aforesaid Sum of twenty pounds, with Condition for payment of the aforesaid Sum of ten pounds to the aforesaid W. in and upon the aforesaid eighth Day of February, and then and there requested the aforesaid J. A. to seal, and as his dead to deliver to him the said W. the said Writing, upon which he the said J. A. to seal and deliver to him the said W. as his dead, 
Refusal to seal.  that Writing, he did then and there wholly refuse: And the aforesaid J. A. or the aforesaid B. H. and J. H. or any of them, the aforesaid ten pounds, or any parcel thereof, to the aforesaid W. they have not as yet paid, nor any of them hath paid, nor in any wise for the same have hitherto given content, whereupon the said W. says, That he is damnified, and hath Damage to the value of thirty pounds, and thereupon he brings svit, &c. Pledges of prosecuting, &c.   

Gloc. ss. 
An Action of the Case upon an assumpsit to pay Money for Land contracted,  R. B. complains of W. B. in the Custody of the Marshal, &c. for that( that is to say) whereas the aforesaid R.( such a Day and Year) was seized of and in one messsage and two Orchards, with the Appurtenance, situate, lying, and being in S. in the County aforesaid, in his Demesn as of Fee, and so being thereof seized, afterwards, to wit, the same Day and year, at S. aforesaid, in the County aforesaid, certain communication was had and moved between them the said W. and R. of and concerning the Sale and Assurance of the messsage and Orchards aforesaid, to him the said W. by the aforesaid R. to be made: And upon that communication it was then and there accorded, and agreed between them the said W. and R. That he the said R. within fourteen Days then next following, should convey and assure to the aforesaid W. and his Heirs, the messsage and Orchards aforesaid, by such Conveyance and Assurance as by the said W. should be Devised, and that he the said W. should give and pay to the aforesaid R. for the messsage and Orchards aforesaid, two hundred pounds of lawful money of England, in manner and form following, that is to say, one hundred pounds parcel thereof at the time of the Sealing and Delivery of the Conveyance and Assurance aforesaid, and a hundred pounds, at the Feast of the Annunciation of the Blessed Virgin Mary, which should be in the year of our Lord one thousand six hundred and ten: And that the aforesaid W. should give and deliver to him the said W. immediately, one Gelding, for, and in consideration of forbearing payment of the hundred pounds last mentioned, unto the Feast aforesaid: And that he the said R. then and there, upon the concord and agreement aforesaid in form aforesaid made, had and received of him the said W. one Angel of Gold of the value of ten shillings, in part of payment of the same two hundred pounds, whereupon, after, to wit,( the same day, year, and place) in cosideration that the aforesaid R. then and there at the special instance and request of him the said W. had assumed upon himself, and to the aforesaid W. had then and there faithfully promised to convey and assure the messsage and Orchards aforesaid, with their Appurtenances, to the aforesaid W. and his Heirs, according to the concord and agreement aforesaid, he the said W. in consideration thereof, did assume upon himself, and to the aforesaid R. did then and there faithfully promise, that he the said W. the said two hundred pounds of lawful money of England, and the Gelding aforesaid, to him the said R. according to the concord and agreement aforesaid, would well and faithfully pay, content, and deliver, of which said two hundred pounds, the aforesaid W. had then and there payed the aforesaid R. one Angel of Gold in part of payment thereof: And the aforesaid R. in Fact, saith, that although he the said R. by the space of the aforesaid fourteen days, next after the aforesaid concord and agreement, and always after, hitherto hath been ready, and as yet is ready, to convey and assure to the aforesaid W. and his Heirs, the messsage and Orchards aforesaid, with their Appurtenances, by such Conveyance and Assurance, as by him the said W. should be devised; yet the aforesaid W. little regarding his promise and assumption aforesaid, but plotting, and fraudulently intending him the said R: in that behalf, craftily and subtly to deceive and defraud the aforesaid ninety nine pounds, and ten shillings being the residue of the aforesaid one hundred pounds first mentioned, nor the Gelding aforesaid to him the said R. hath not payed or delivered, or for the same in any manner given content, although he the said W. by the aforesaid R. afterwards, to wit,( such a day and year) next after the concord and agreement aforesaid, and often afterwards, hath been often thereunto required, by which he the said R. not only the Gelding aforesaid, and ninety nine pounds and ten shillings, being the residue of the aforesaid one hundred pounds first mentioned in form aforesaid to be payed, hath totally lost, and is deprived of, as also in his credit, by the default thereof is much hurt and damnified, and hath damage to the value of forty pounds, and thereupon he brings his svit, &c.   

W. C. complains of J. G. in the custody of the Marshall, &c. 
London, ss. Case upon a promise of money upon consideration of marriage.  For that,( that is to say) Whereas such a day, year, and place) certain communication was had and moved between J. the aforesaid J. and the aforesaid W. of, and concerning a certain Marriage between him the said W. and one H. O. natural daughter of him the said J. to be had and solemnized, upon which said communication, he the said J. then there, in consideration that the aforesaid W. at the special instance and request of him the said W. would take to his wife the aforesaid H. and would Espouse the same H. according to the ecclesiastical Rights of this Kingdom of England, did assume upon himself, and to him the said W. did then and there faithfully promise, that he the said J. would well and faithfully content and pay to him the said W. one hundred Marks of good and lawful money of England: And he the said W in Fact, saith, That he the said W. trusting to the promise and assumption of him the said J. aforesaid, afterwards, to wit,( such a day, year, and place) did take to his wife the aforesaid H. and the same H. according to the ecclesiastical Rights of this Kingdom of England, then and there Espoused, yet the aforesaid J. little regarding his promise and assumption aforesaid, but plotting, and fraudulently intending the aforesaid W. in that behalf, craftily and subtly to deceive and defraud the aforesaid hundred Marks, or any parcel thereof, according to his prmise and assumption aforesaid, to the aforesaid W. hath not as yet payed, nor in any manner for the same hitherto given content, although he the said J. by the aforesaid W. afterwards, to wit,( such a day, year, and place) hath been thereunto required, by which he the said W. divers commodities, profits, and advantages, which he with the aforesaid hundred Marks, by buying and selling, might have had and gained, if the aforesaid J. his promise and assumption aforesaid, in form aforesaid had performed, hath totally lost, and is deprived of, whereupon the said W. saith, That he is damnified, and hath damage to the value of one hundred pounds, and thereupon he brings his svit, &c. Pledges, &c.   

STaff. ss. T. R. late H. in the County aforesaid, 
A Declaration in Tr●spasse of the Case for a Fine levied of Lands in ancient Demesne.  Gent. and M. his wife. S. B. of, &c. were attached to answer W. G. Esq of a Plea, That whereas he the said W. stood seized of the Mannor of A. with the Appurtenances, in the County aforesaid, in his Demesn, as of Fee, which said Mannor, with the Appurtenances, is, and from the time whereof the contrary is not extant in the memory of man, was of the ancient Demesne of the Crown of our Lady the Queen that now is; and all Lands and Tenements which are held of the same Mannor, from the whole time aforesaid were pleadable, and to be pleaded in the Court of the same Mannor, before the Bailiffs and Suitors of the same Court for the time being, and not elsewhere, according to the custom of the same Mannor for the aforesaid whole time used in the same; yet the aforesaid T. M. and S. not ignorant of the Premises, devising him the said W. of the profits of the Court of the Mannor aforesaid, subtly and deceitfully to defraud, have levied a certain Fine in the Court of our said Lady the Queen at Westminst. to wit, in eight days of Saint Michael in the seventh year of her Reign, before James Dyer, Knight, A. B. R. W. and J. W. Justices of our said Lady the Queen of her Bench, and other faithful Subject of our said Lady the Queen, then there present, betwixt the aforesaid S. B. Plaintiff, and the aforesaid T. R. and M. Deforcients, of twenty acres of Land, ten acres of Pasture, and twenty acres of Wood, with the Appurtenances, in A. and F. in the County aforesaid, which said Tenements, with the Appurtenances, are, and at the time of the levying of the same Fine, were held of the Mannor aforesaid, and from the whole time aforesaid, unto the day of the levying of the same Fine in the Court of the said Mannor, according to the custom of the said Mannor were pleadable and pleaded, by means of which said Fine, the same Tenements, with the Appurtenances, become pleadable, and pleaded at Common Law, to the manifest danger of the disinheriting of him the said W. and to the damage of him the said W. forty pounds: and whereupon the said W. by H. W. his Attorney complains, That whereas he was seized of the Mannor, &c.( and so recites the whole, word by word, as before;) And thereupon he brings svit, &c.   

SHropshire. ss. And whereupon the aforesaid R. by T. H. 
An Action of the Case by one indicted of Felon●, and acquitted as to the party ind●cting him, &c. Hil. 10 Q. E. Rot. 701.  his Attorney complains, That whereas he the said R. is a true and faithful Liege Subject of our sovereign Lady the Queen, and hath continued always of a good name and famed, and so with all honest, grave, and discrete men, and his neighbours, hath been held, called, and reputed; yet the aforesaid H. not ignorant of the Premises, plotting the aforesaid R. most unjustly to grieve, and his good Name and State to hurt, detract, and damnify, and him the said R. to bring into trouble, vexation, and infamy; as also the same R wholly to destroy and bring to nought, he the said R. for that he( such a day and year) by force and arms at C. in the County of M. five Cows of the price of six pounds, of the goods and chattels of him the said H. at C. aforesaid found, he did Feloniously take and led away, against the Peace, Crown, and Dignity of our Lady the Queen, caused to be indicted, and him the said R. upon that occasion to be taken and laid in the prison of our Lady the Queen, of her Castle of Ludlow, until before the beloved and faithful of our said Lady the Queen, H. Sidney, Knight of the most noble Order of the Garter, Lord President of the Marches of Wales, and other Commissioners Justices of our said Lady the Queen,( for the Goal-delivery of the said prisoners in her Castle of Ludlow aforesaid being) assigned a special Sessions held at Ludlow aforesaid, in the County aforesaid, the( such a day and year) according to the Law and custom of our said Lady the Queen of England, was thereupon acquitted, did procure him to be falsely and maliciously detained, by which he the said R. not only in his Name and good famed, is much hurt and impaired, but also in his goods and Estate, by the reason of the same imprisonment and vexation, he stands very much impoverished, wearied out, and oppressed, to the damage of him the said R. forty pounds: And thereupon he brings his Action, &c.   

GLoucest. 
An Action of the Case against a Steward for not taking security upon a Replevin. Hill. 20 Jac. Rot. 2907.  ss. R. S. late of C. in the County aforesaid, Gentleman, was attached to answer C. B. of a Plea; wherefore, whereas he the said C.( such a day and year) was possessed of four Cows, one Heifer, and one Calf, of the price of twenty pounds, as of his proper cattle: And whereas the aforesaid R. the same day and year, and long before, was, and yet is, Steward of the Hundred of B. in the County aforesaid: And the said C. so of the cattle aforesaid, in form aforesaid being possessed: And the aforesaid R. being as is aforesaid, Steward of the aforesaid Hundred of R the aforesaid R. maliciously plotting, the aforesaid C. of his cattle aforesaid to deceive, and to defraud, the aforesaid day and year, by colour of his Office aforesaid, the aforesaid cattle at B. aforesaid, being found within the Precinct of the Hundred aforesaid, at the complaint of one H. S. pretending the said cattle, to be the proper cattle of him the said H. and he the said C. to have taken the same cattle, and them to have unjustly detained, against Sureties and Pledges, caused them to be replevied out of the possession of him the said C. and them to the aforesaid H. caused to be delivered; whereas, in truth, the propriety of the aforesaid cattle, at the time of the Replevin aforesaid made, and long before was to him the said C. belonging, and not to the aforesaid H. And the aforesaid R. at the time of the Replevie aforesaid made, or before or after, took not, nor caused to be taken, any Pledge, or any Security of the aforesaid H. to prosecute the Plaint of him the said H. against him the said C. for the taking and unjust detaining of the cattle aforesaid, and to make return of the same cattle to him the said C. if the return of them should be adjudged to him the said C. as by the Law and custom of this Realm of England, and the duty of his place aforesaid he ought to have done. And the aforesaid H. after the delivery of the cattle aforesaid, to him the said H. by means of the Replevin aforesaid, the same cattle to places to him the said C. unknown did Eloyn: So that he the said C. could not cause to be replevied unto him the said C. the same cattle, or otherwise have them back again: So that the aforesaid C. of his cattle aforesaid, remains totally deprived, to his damage of one hundred and forty pounds: And thereupon the aforesaid C. by W. Smitheir his Attorney complaineth, That whereas he the said C.( such a day and year) and so recite it word by word, to the damage, &c.   

NOrfolk. ss. E. W. was attached to answer R. G. Gentleman, 
A Declaration for an Attorney for Fees for prosecution in Chancery. Trin. 20 Jac. Rot. 3180.  one of the Attorneys, &c. of a Plea of trespass of the Case, &c. And whereupon the said R. in his proper person complaineth. That whereas the aforesaid E.( such a day, year, and place) in consideration that he the said R. at the special instance and request of him the said E. would prosecute for him the said E. out of the Court of Chancery of our said Lord the King, a certain Writ of the same Lord the King, of Subpoena to W. A. R. M. and P. C. to be directed, did assume upon him, and to him the said R. G. did then and there faithfully promise, that he the aforesaid E. as well all such reasonable sums of money, as the aforesaid R. G. in, and towards the prosecution of the same Writ for him the said E. should deposit and lay out, as also three shillings and four pence for the labour of him the said R. G. in that behalf bestowed to him the said R. when he should be thereunto after required, would well and faithfully content and pay: And whereas the aforesaid E afterwards, that is to say,( such a day, year, and place) in consideration that he the said R. G. at the like instance and request of the aforesaid E. would cause to be written, and exhibit for him the said E. in the aforesaid Court of Chancery of our said Lord the King, a certain Bill, in the name of him the said E. against the aforesaid W A. &c. of, and concerning the detaining of a certain Writing Obligatory, by which the said E. was held and bound to the aforesaid W. in ten pounds, for the payment of five pounds at a certain Day, in the Condition of the same Writing mentioned, and the svit upon the same Bill for him the said E. against the said W. in the same Court of Chancery, would prosecute and solicit as long as the said E. and R. G. should please, did assume upon him; and in like manner to him the said R. G. then, to wit,( such a day, and year, and place) aforesaid, did faithfully promise, That he the aforesaid E. as well three shillings and four pence of lawful money of England, for the labour of him the said Robert in that behalf bestowed, for every Term wherein he the said R. G the svit aforesaid in the same Court of Chancery upon the Bill aforesaid against the aforesaid W. should so prosecute and solicit, as all such reasonable sums of money, as the said R. in and about the prosecution and solicitation of the same svit upon the Bill aforesaid for him the said E. should lay out and expend to him the said R. when in like manner he should be thereunto required, would well and faithfully content and pay: And although he the said R. G. upon the hope of the faithful performance of the aforesaid promise and assumption of the aforesaid E the aforesaid,( such a day and year) did prosecute for the aforesaid E. out of the aforesaid Court of Chancery of our said Lord the King( the same Court of Chancery at Westminster, in the County of Middlesex then being) the aforesaid Writ of Subpoena, to the aforesaid W. A. R. M. and P. directed: And although also the same R. three shillings of lawful money of England, in and about the prosecution of the same Writ, to divers Officers, Clerks, and Ministers of the aforesaid Court of Chancery, for the aforesaid E. did then lay out and expend; and although also the same R. afterwards, to wit,( such a day of June, in the Term of the holy Trinity, such a year) aforesaid, did cause to be written and exhibited for him the said E. in the aforesaid Court of Chancery of our said Lord the King, the same Chancery at Westminster then being, the aforesaid Bill, in the name of him the said E. against the aforesaid W. A. of and concerning the detaining of the said Writing Obligatory, and the aforesaid svit upon the same Bill for him the said E. against the said W. in the same Court of Chancery, in the same Term of the holy Trinity, and the Term of Saint Michael then next following, did prosecute and solicit: And although also the same R. G. five pounds three shillings and four pence of lawful money of England, in and about the exhibiting of the Bill aforesaid, and the prosecution and solicitation of the svit aforesaid, upon the same Bill against the aforesaid W. in the same two Terms to divers Officers, Clerks, and Ministers of the aforesaid Court of Chancery of our said Lord the King, for the aforesaid E. did in like manner deposit and lay out: And although over and above three shillings and four pence for the labour of him the said R. G. bestowed in and about the prosecution of the said Writ of Subpoena, and six shillings and eight pence for the labour of him the said R. in like manner bestowed, in and about the exhibiting of the Bill aforesaid, and the prosecution of the svit thereupon, for the said E. against the said W. A. in the aforesaid two Terms of the holy Trinity and Saint Michael, together with the aforesaid several sums of money by him the said R. G. for the aforesaid E. in form aforesaid, laid out and spent; in the whole amounting unto five pounds sixteen shillings and four pence of like money; yet the aforesaid E. little weighing his promises and assumptions, but plotting, and fraudulently intending him the said R. G. in that behalf craftily and subtly to deceive and defraud, the foresaid five pounds sixteen shillings and four pence to him the said R. G. although unto this by him the said R.( such a day, year, and place aforesaid, and often after) he hath been thereunto requested, according to his promises and assumptions aforesaid, hath not as yet paid, nor in any manner contented, but the same to him hitherto to content or pay, hath altogether refused, and yet refuseth, to the damage of him the said R. G. ten pounds; and thereupon he brings svit, &c. Pledges of prosecuting, John do and Richard row.   

THe Defendant in his Declaration pleads, 
Non assumpsit pleaded.  That he did not assume upon himself in manner and form, &c.   

BEdford. ss. R. G. lately of, &c. was attached to answer T. S. 
Case for words, Thou art a lunatic. Trin. 21 Jacobi Rot. 1807.  Gent. of a Plea, That whereas he the said T. is a good, true, and faithful Liege Subject of our Lord the King, and his Progenitors, and an understanding, rational, and sensible man, and of good Name, famed, and Conversation, and of good sound and perfect memory, without any imputation or touch of lunacy, and ever was, and yet is, sufficient to govern himself, his manors, Lands, and Tenements, and so hath been reputed and accounted, as well amongst his Neighbours and other great persons, venerable and faithful Subjects of our said Lord the King, and without any suspicion of madness or lunacy, hath deported, behaved, and governed himself, untouched and unspotted, from the time of his Nativity hitherto: And whereas also the same T. hath been long, and yet is seized of, and in the Mannor of B. with the Appurtenances, in the aforesaid County of Bedford, and of and in divers messages. Lands, Tenements, and Hereditaments, with the Appurtenances in the aforesaid County of Beaford, and elsewhere, within the said Realm of England, to the value of five hundred pounds by the year, and more, in his Demesne, as of Fee: And whereas also heretofore, that is to say,( such a day and year) by a certain Inquisition, taken at the Town of Bedford, in the aforesaid County of B. the same day and year before, F. J. Knight, R.F. Esquire, Feodary of our said Lord the King, of his County aforesaid, and P. F. Escheator of our said Lord the King of the same County of B. Commissioners of our said Lord the King, by virtue of the Commission of the same King to them directed, by the Oath of honest and lawful men of the same County of Bedford; it was found that the aforesaid T. S. was a lunatic, so that he was not then, nor before that time, of sufficiency to have the government, and govern his manors, Lands, Tenements, Goods, and chattels: After which said Inquisition so as aforesaid found, the aforesaid T. S. before our said Lord the King, in his Court of Wards and Liveries, according to the Law of the Land of this Kingdom of England, and the course of the same Court, did obtain licence to traverse the Inquisition aforesaid, so found as aforesaid. After which said licence, so as aforesaid obtained, to wit, in the Term of Easter, in the year of the Reign of our Lord the King the twentieth, it was in such wise proceeded in the same Court of our said Lord the King, of his Wards and Liveries, that the aforesaid T. S. by the Order and Decree of the same Court, was esteemed and adjudged to be an able man, and of sound judgement, and sufficient to govern himself, his manors, Lands, Tenements, Goods, and Chattels, and at that time of the Inquisition aforesaid taken, he was of good and sound memory, and that he the said T. and his Estate, should then, and from thence, stand and be discharged from any thing in the same Inquisition contained to his prejudice, and from all imputation of lunacy, as by the same Decree in the famed Court of our said Lord the King, of his Wards and Liveries now remaining upon Record, it may more fully appear: And whereas also the same T. S. at the time of the taking the Inquisition aforesaid, was possessed, and ever after hither to was, and is possessed of divers goods, chattels, and merchandises, to the value of seven hundred pounds or more; yet the aforesaid R. not being ignorant of all the Premises aforesaid, being instigated by a devilish mind, and plotting and intending not only to weaken, damnify, and disturb the State, Title, Interest, and possession of him the said T. in the Mannor, Lands, Tenements, Goods, Chattels, and merchandises of him the said T. aforesaid, and to wrest them from him the said T. and him the said T. and the manors, Lands, Tenements, Goods, and Chattels aforesaid, as lunatics, to bring into the custody of our said Lord the King that now is, unjusty and wickedly, and without any just cause, as also hurt, detract, and damnify the good Name, famed, State, and Liberty of him the said T. and to incur the loss of all his Goods and Chattels,( such a day, year, and place) these false, feigned, and scandalous words following, to him the said T. and of him the said T. in the presence and hearing of many the subjects of our said Lord the King, then and there present, did speak, pronounce, and publish in these English words following;( that is to say) Thou( meaning the aforesaid T. S.) art a lunatic; by means of the speaking, pronouncing, and publishing of which said feigned, false, and scandalous words, the said T. S. is not onely in his good Name, famed, Credit and Estate, very much hurt and wronged, but also in his Actions, and doing of his lawful and honest business is many ways injured and worsted, to the damage of him the said T. forty pounds: And thereupon he the said T. S. by A B. his Attorney complaineth, That whereas he the said T. S. is a good, true, and faithful Subject, &c.( And recite the whole word, by word, as before) and thereupon he brings his svit, &c.  
And the aforesaid R. by L. D. his Attorney, 
The Defendant pleads specially, and traverses the words in the Declaration.  cometh and defendeth the force and injury, when, &c. and the said R. by protestation, saith, That after the Inquisition aforesaid, in form aforesaid found, the aforesaid T. S. did not obtain licence to traverse the same Inquisition so found as aforesaid; by protestation also, that after the same licence obtained,( that is to say) the aforesaid Term of Faster, in the eighteen year aforesaid of our said Lord the King that now is, it was not in that manner proceeded in the aforesaid Court of our said Lord the King, of his Wards and Liveries, that the aforesaid T. S. by the Order and Decree of the same Court, was esteemed and adjudged to be an able man, of sound judgement, and sufficient to govern himself, his manors, Lands, Tenements, Goods, and Chattels, and at the time of the inquisition aforesaid taken, was of good and sound Memory; and further, That he the said T. S. and his Estate then and from thence after should stand and be discharged from any matter in the same inquisition contained, to his prejudice, and from the imputation of Lunacy, as the aforesaid T. S. by his Writ and Declaration aforesaid hath above therein supposed. For Plea, he the said R. saith, That it is well and true, that by the inquisition aforesaid in manner and form aforesaid taken, it was found, that the aforesaid T. S. was a lunatic, so that he was not then, nor before that time, sufficient to have the Rule, and Government of his manors, messages, Lands, Tenements, Goods, and Chattels; by which he the said R.( the aforesaid Day and year in the Declaration) aforesaid above specified spake of the aforesaid T. S. these English words following( that is to say) Thou( meaning the said T.) wast a lunatic, 
Traverse.  as it was lawful for him to do, without that, That he the said R. spake of the aforesaid T. the aforesaid English words in the Declaration aforesaid above specified( that is to say) Thou( meaning him the said T.) art a lunatic, as the aforesaid T. hath above against him declared, and this he is ready to aver, &c. 
Issue upon the Traverse.   
And the aforesaid T. says, That he, by any thing by him the said R. before alleged, ought not to be debarred from having his Action aforesaid, because he saith, That the aforesaid R. spake of the aforesaid T. the aforesaid English words in the Declaration aforesaid above specified( that is to say) Thou( meaning him the said T.) art a lunatic, as the aforesaid T. hath above against him complained; and this he preys may be inquired of by the Country, and the aforesaid R. in like manner, therefore command is given to the sheriff, that he cause to come twelve, &c.   

Huntingdon ss. M. W. Gentleman was attached by a writ of privilege of our said Lord the King, 
Case by a surety against the principal for not saving him harmless. Trin. 20 Jac. Rot. 3281.  to answer R. S. one of the Attorneys, &c. according to the Liberties, &c. of a Plea of Trespass upon the Case, &c. And whereupon the said R. in his proper person complains, That whereas he( such a Day and Year) at G. at the special instance and request of him the said M. and for the Debt of him the said M. by his Writing obligatory had become bound and obliged together with him the said M. to one A. W. Widow, in two and twenty pounds of lawful money of England, with condition upon the same Writing endorsed for the true payment of ten pounds ten shillings of like money upon( such a Day) then next following, the aforesaid M. in consideration thereof, the aforesaid( such a Day and Year aforesaid) at G. aforesaid did assume upon himself to him the said R. did then and there faithfully promise, That he the aforesaid M. the same R. from the Writing obligatory aforesaid, and of the aforesaid twenty pounds in the same Writing contained, as also from all Suits for the aforesaid twenty pounds, against the said A. W. would discharge and save harmless, yet the aforesaid M. his Promise and Assumption aforesaid little weighing, but plotting and fraudulently intending him the said R. in that behalf craftily and subtly to deceive and defraud, the aforesaid ten pounds and ten shillings in the condition aforesaid above specified to the said A. W. hath not paid, nor him the said R against the said A. W. of the aforesaid twenty two pounds, according to his Promise and Assumption aforesaid, hath hitherto in any manner discharged, or saved harmless, by the which the same A. W. afterwards, that is, to wit, in the Term of St. Michael, in the eighteen year of the Kings Reign that now is, did implead him the said R. of and upon the said writing obligatory, by an original Writ of our said Lord the King by her the said A.( the Date of the Original) then last past, out of the Court of Chancery of our said Lord the King( the same Chancery at Westminster in the County of Middlesex then being) issued forth and prosecuted, directed to the then Sheriff of the aforesaid County of Huntingdon, and returnable and returned before the Justices of our said Lord the King of the aforesaid Bench, the same Term of St. Michael, upon which said Writ, it was in such manner proceeded in the same Court here between the said A. and him the said R. after his appearing in the same Court here upon the Plea aforesaid, that the aforesaid A. after, to wit, in the Term of St. Michael, in the nineteenth year of the King that now is, before Henry Hobart Knight and Baronet, and his Fellows, then Justices of our said Lord the King of his Bench here, to wit, at Westminster aforesaid, by the consider●ation of the same Court, did recover against him the said R. as well the aforesaid De●t of twenty pounds, as forty shillings, which to her the said A. in the same Court here were adjudged for her Damages which she had by reason of the detaining of the same Debt, whereof he was convicted; and he the said R. afterwards, that is to say( such a Day and Year) to avoid the imprisonment of his Body and other burdens an● expenses, was compelled to pay and satisfy to her the said A. the Debt and Damages aforesaid by the aforesaid A. against him the said R. in form aforesaid recovered, whereby he the said R. in his Goods and Chattels was very much damnified, to the great oppression of the State of him the said R. and to the Damage of him the said R. forty pounds, and thereupon, &c.   

Heref. ss. D. Late of, 
Case u●on a promise for the ●oan of a Ma●e which was killed in riding. Hil 22 Jacobi Regis, Rot. 215  &c was attached to answer H. P. of a Plea, That whereas the aforesaid D. ( such a day, year, and place) in consideration that he the said H. at the special instance and request of him the said D. would lend to him the said D. a certain mere of his the said H. for one G. D. the Son of him the said D. to ride and journey upon the same mere from the Town of L. in the County of Cardigan, unto D. in the County of Carmarthen, did assume upon him, and to him the said H. did then and there, to wit( such a day, and year, and place aforesaid) faithfully promise, that he the said G. the aforesaid mere in the Journey aforesaid, would in no manner overload, or any ways oppress, but the same mere, when he should be thereunto required, to him the said H. would safely deliver, and he the said H. in Fact saith, That he trusting to the aforesaid Promise and Assumption of the aforesaid D. afterwards( to wit the aforesaid day, year, and place) did lend the aforesaid D. the mere aforesaid, for the said G. to ride and journey upon the same mere as aforesaid, and that the aforesaid G. the mere aforesaid in the journey aforesaid did so far provoke, over-labor, and with such burdens overload, that the mere aforesaid, by the over-labor, riding, and overloading aforesaid, dyed, and so the aforesaid D. his Promise and Assumption aforesaid hath not performed or fulfilled, to the Damage of him the said H. twenty pounds, and whereupon the same H. by W. Colley his Attorney complains, That whereas the aforesaid D. ( such a day, year, and place) and so word by word as before: And thereupon he bringeth svit, &c.   

London ss. J. C. complains of J. G. 
Case for Mary promised to one for procuring a● Pardon for on● indicted for Felony and Burglary.  the elder in the custody of the Marshal, &c. for that whereas one S. D. and E. G. the younger, Son of the aforesaid E. G. the elder( the fourth day of February, in the third year, &c.) stood indicted, for that they( such a Day and Year) by Force and Arms, &c. the dwelling House of one E. G. Esquire, at B. in the County of Essex, about the eleventh hour in the Night of the same Day, did Feloniously break and enter, and two hundred and fifty pounds in money numbered, and divers other Goods and Chattels, to the value of twenty six pounds of the Goods and Chattels of him the said E. G. Esq then and there found, did Feloniously and Burglarily take and carry away, against the Peace of our said Lord the King that now is, his Crown and Dignity; and whereas also he the said J. C. the same fourth Day of February, &c. at London, in the Parish, &c. by the means, labour, industry, and humble Petition of him the said J. G. had procured and obtained of and from his most Excellent Majesty our Lord King James, now King of England, his Letters Patents with his great Seal of England sealed, bearing Date at Westm. the aforesaid fourth day of February, &c. by which said Letters Patents, he the said Lord the King that now is, for himself, his Heirs and Successors of his especial Grace, and of his mere motion and certain knowledge did pardon, promise, and release to the aforesaid S, D. and E. G. the younger, the Felony and Burglary aforesaid, and all other Offences, Trespasses, and wicked Deeds, in any manner, touching or concerning the aforesaid Felony and Burglary, and the Accesseries of them, and the flight and flights thereupon made, and all and singular Indictments, Judgments, Condemnations, Executions, pains of Death, corporal pains and punishments, and Imprisonments, and all other pains and penalties whatsoever, in, upon, or against them the said S. D. and E. G. the younger, or either of them, for the premises, or any of the premises, had, made, rendered, or adjudged, or then afterwards to be had, made, rendered, or adjudged, as by the same Letters Patents, amongst other things, is more fully contained: And whereas also he the said J. C. afterwards, to wit( such a Day. Year, and place) was possessed and had in his hands and custody the same Letters Patents: And whereas also the aforesaid S. D and E. G. the younger, then and there were indebted to him the said J C. in two and forty pounds of lawful money of England, which said two and forty pounds he the said J. C. then before had expended, laid out, and disbursed, about the procuring, prosecuting, and obtaining of the aforesaid Letters Patents, he the said E. G. the elder, afterwards, to wit( such a Day, Year, and place) in consideration that he the said J. C. at the especial instance and request of him the said E. G. the elder, the aforesaid Letters Patents, by which he the said S. and the aforesaid E. G. the younger, from the Felony and Burglary aforesaid, should be acquitted, and in consideration of two pence, of lawful money of England, to him the said E. G. the elder, by the aforesaid J. C. then and there well and faithfully paid, did assume upon himself, and to him the said J. C. did then and there faithfully promise. That if he the said J. D. should not content and pay to him the said J. C. the aforesaid two and forty pounds within one year then next following, that the he the said E. G. the elder, the same two and sorty pounds to him the said J. C. would well and fully content and pay: And he the said J. C. in fact saith, That he the said J. at the said instance and request of him the said E. G. the elder, afterwards, to wit the same( such a Day, and Year, and place aforesaid) did deliver to him the said E G. the elder, the aforesaid Letters Patents, by which he the said S and the aforesaid E. G. the younger, from the Felony and Burglary aforesaid were acquitted: And further he the said J. C. in fact saith, That the aforesaid S. D. within the aforesaid one year then next following, or at any time hitherto hath not contented or paid the aforesaid J. C. the aforesaid two and forty pounds, nor any parcel thereof, yet the aforesaid E. G. the elder, little regarding his Promise and Assumption aforesaid, and fraudulently intending the aforesaid J C. in that behalf craftily and subtly to deceive and defraud, the aforesaid two and forty pounds to the aforesaid J. C. hath not as yet paid, nor in any manner for the same hitherto given content, although to do this he the said E. G. the elder, by the aforesaid J. C. afterwards, to wit, the eleventh Day of October, in the tenth year of the King, at L. in the Parish and Ward aforesaid, hath been thereunto required, by which he the said J C. the whole commodity, profit and advantage, which he with the aforesaid forty two pounds, by buying, selling, and lawfully bargaining, was able to have had and gained( if the aforesaid E. G. had performed his Promise and Assumption aforesaid in form aforesaid made) hath totally lost, and is deprived of, whereupon he the said J. C. says, That he is damnified, and hath Damage to the value of a hundred pounds, and thereupon he bringeth svit, &c. Pledges of prosecuting, John do and Richard row.   

Sussex ss. E. S. and T. B. complain of T. S. 
Case upon a promise to pay money upon a Wager.  in the custody of the Marshal, &c. for that, whereas( such a Day, Year, and Place) in the County aforesaid, certain communication was had and moved between the aforesaid E. T. B. and the aforesaid T. S. concerning seven Quarters of barley in a wagon, with a Team of three Horses and two Mares from the bottom of Littleton hill in Waltham aforesaid in the aforesaid County of Sussex, unto the top of the same Hill before the first Day of May, commonly called May-day then next following by them the said E. and T. B. to be carried; upon which said communication he the said T. S. then and there, to wit, the aforesaid( such a Day, Year, and Place) in the County aforesaid, in consideration that the aforesaid E. S. and T. B. for two shillings and five pence of lawful money of England to them by the aforesaid T. S. at that time delivered, had then and there assumed upon themselves, and to the aforesaid T. S. hath faithfully promised. That they the said E. and T. B. the said seven Quarters of barley in a wagon, with a Team of three Horses and two Mares, from the bottom of Littleton-hill aforesaid in W. aforesaid unto the top of the same Hill before the first day of M. commonly called May-day then next following, would carry, or otherwise that they the said E. and T. B. eight pounds of lawful money of England to him the said T. S. would pay, did assume upon himself, and to the aforesaid E. and T. B. did then and there faithfully promise, That if they the said E. and T. B. the said seven Quarters of barley in a wagon, with a Team of three Horses and two Mares, from the bottom of Littleton hill in W. aforesaid unto the top of the same Hill before the first of May, commonly called May-day then next following, should carry, that then he the said T. S.( over and above the aforesaid two shillings and five pence to them the said E. and T. B. by the aforesaid T. S. as aforesaid delivered) as much more money, as together with the same two shillings and five pence should amount unto the Sum of ten pounds of lawful, &c. to them the said E. and T. B. would pay; and the aforesaid E. and T. B. in fact say, That they the said E. and T. B. afterwards, and before the said first Day of May, to wit( such a Day and Year) seven Quarters of barley, &c. with a Team, &c. from the top, &c. they did carry. And that they the said E. and T. B. afterwards, to wit( such a Day, Year, and Place) thereof, gave to the aforesaid T. S. notice, and then and there requested the aforesaid T. S. to pay to them the said E. and T. B. nine pounds seventeen shillings and seven pence of lawful, &c. being so much money, as together with the aforesaid two shillings and five pence to the aforesaid E. and T. B. formerly delivered as aforesaid, amounting to ten pounds, according to the Promise and Assumption of him the said T. S. aforesaid; yet the aforesaid T. S. little regarding his Promise and Assumption aforesaid, but plotting and fraudulently intending the aforesaid E. and T. B. in that behalf craftily and subtly to deceive and defraud, the aforesaid nine pounds seventeen shillings and seven pence unto the aforesaid E. and T. B. although he the said T. S. unto this, by them the said E. and T. E. afterwards, to wit( such a Day, Year, and Place) he hath been requested, according to his Promise and Assumption aforesaid he hath not paid, nor in any manner for the same hitherto given content, by which they the said E. and T. B. divers great profits and gains, which they with the aforesaid nine pounds seventeen shillings and five pence by lawful buying, selling, and bargaining, if the aforesaid T. S. his Promise and Assumption aforesaid had well and faithfully performed, might have had and gained, by default of performance thereof have totally lost and are deprived of; whereupon they the said E. and T. B. say they are damnified, and have Damage to the value of twenty pounds, and thereupon they bring their svit, &c.   

London ss. L. C. complains of R. P. and E his Wife, 
Case for meat, drink, and lodging, had by the wife whilst she was sole, brought against Husband and Wise.  in the custody of the Marshal, &c. for that whereas the aforesaid E. whilst she was Sole, to wit( such a Day, Year, and Place) in consineration that the aforesaid L at the especial instance and request of the aforesaid E. whilst she was Sole, would receive into his House at L. in the Parish, &c. the aforesaid E. whilst she was Sole, as a Sojourner with him the said L. and the same E. whilst she was Sole, would find and give Meat, Drink, and Lodging, as long as they the said L. and E. should please, the same E. in consideration thereof did assume upon her self, and to him the said L. then and there whilst she was Sole, to wit( such a Day, Year, and Place) faithfully promise, That she the said E. would well and faithfully content and pay to him the said L. so much for her Meat, Drink, and Lodging aforesaid, for such time as the aforesaid E. with the aforesaid L. in the House of him the said L. aforesaid should remain a So journer, as he the said L. should reasonably therefore deserve; and he the said L. in fact saith, That he the said L. at the said instance and request of the aforesaid E. whilst she was Sole, afterwards, to wit, the aforesaid( such a Day and Year) into his House aforesaid in L. aforesaid, the said E. as a Sojourner with him the same L. he did receive, and that the aforesaid E. whilst she was Sole in the House of him the said L. aforesaid( such a Day and Year) aforesaid, and from thence by the space of two years then next following at L. aforesaid did remain, and that he the said L. did find and give to her the said E. whilst she was Sole, Meat, Drink, and Lodging by the whole time aforesaid, in the House of him the said L aforesaid: And he the said L. further in fact saith, That he the said L. for Meat, Drink, and Lodging aforesaid found and given to the aforesaid E. for the aforesaid two years, did reasonably deserve to have twenty pounds; yet the aforesaid E. whilst she was Sole, and the aforesaid R. and E. after Espousals between them celebrated, little regarding the Promise and Assumption aforesaid of the aforesaid E. whilst she was Sole, as aforesaid made, but plotting and fraudulently intending the aforesaid L. in that behalf craftily and subtly to deceive and defraud, the aforesaid E. whilst she was Sole, nor the aforesaid R. and E. after Espousals between them celebrated, the aforesaid twenty pounds to the aforesaid L. they have not as yet paid, nor either of them hath paid( although the aforesaid E. whilst she was Sole, to wit( such a Day, Year, and Place) by the aforesaid L. was thereunto required;) and the aforesaid R. and E. in like manner, after Espousals between them ce●ebrated, to wit( such a Day, Year, and Place) by the aforesaid L. have been thereunto required; whereupon he the said L. says, That he is damnified, and hath Damage to the value of forty pounds, and thereof he bringeth svit. Pledges of prosecuting, John do, and Richard row.   

London ss. BE it remembered, That heretofore, to wit, 
For a Keeper of a Prison for meat, drink, & lodging for a Prisoner.  in the Term of Saint hilary last past, before our Lord James, late King of England at Westminster, came Aquila Weeks, Gentleman, by Richard Antrobus his Attorney, and brought here into the Court of our said late Lord the King, then there, his certain Bill against J. A. in the custody of the Marshal, &c. of a Plea of Trespass upon the Case: And there were Pledges of prosecuting, to wit, John do and Richard row: Which said Bill follows in these words: London ss. Aquila Weeks Gentleman, complains of J. A. in the Custody of the Marshal of the marshalsea of our Lord the King, before the said King, being, for that( that is to say) whereas the aforesaid A.( such a Day and Year) and long before, and always after, hitherto was, and yet is Keeper of the Prison of the Dean and Chapter of the Collegiate Church of Saint Peter at Westminster, called the Gate-house at Westminster aforesaid in the County of Middlesex: And whereas also he the said J. the aforesaid( such a Day and Year) was in due manner committed to the aforesaid Prison, under the Custody of the aforesaid A. charged, amongst other things, in Execution for fifty pounds of Debt, and twenty shillings for Damages, at the svit of C. B. And he the said J. being so in the Prison aforesaid detained, under the custody of him the said A. afterwards, to wit( such a Day, Year, and place) in consideration that the aforesaid A. at the especial instance and request of him the said J. would allow and provide for him the said J. a convenient Lodging, as also meat and drink sufficient during the time that he the said J. in the Prison aforesaid should remain, did assume upon himself, and the aforesaid A. then and there, to wit, at L. aforesaid, in the Parish, &c. faithfully promise, that he the said J. one and twenty shillings for the aforesaid Lodging, Meat, and Drink for each Week, wherein he the said J. so in Prison aforesaid, should remain( that is to say) twelve pence for every Meal and twelve pence for his Lodging for every night, and so according to that rate to him the said A. would well and faithfully content and pay: And he the said A. in fact saith, That he at the aforesaid instance and request of him the said J. did allow and provide for him the said J. Lodging convenient, as also Meat and Drink sufficient, during the time wherein he the said J. in the Prison aforesaid remained: And he the said A. in fact further saith, That the aforesaid J. in the Prison aforesaid, under the Custody of him the said A. remained, from the aforesaid eleventh Day of April( in such a Year) aforesaid, unto the sixth day of August then next following( that is to say) by the space of sixteen weeks and five days, and that by the same time, according to the rate aforesaid, seventeen pounds and eleven shillings by him the said J. to him the said A. for Lodging, Meat and Drink aforesaid, were due, yet the aforesaid J. his Promise and Assumption aforesaid little regarding, but plotting and fraudulently intending the aforesaid A. in that behalf craftily and subtly to deceive and defraud, the aforesaid seventeen pounds and eleven shillings or any parcel thereof to the aforesaid A. hath not as yet paid, nor in any manner for the same hitherto given content; although to do this, he the said J. by the aforesaid A. afterwards, to wit( such a Day, Year, and place) he hath been thereunto required: whereupon he says, that he is damnified, and hath Damage to the value of thirty pounds: And thereof he bringeth svit, &c. And now here at this day, to wit, on Wednesday next, after fifteen days of Easter, in this same Term, unto which Day the aforesaid J. had licence to imparl to the Bill aforesaid, and then to answer, &c. Before which Day, our Lord King James, late King of England, dyed: At which Day, before our Lord King charles, now King of England, at Westminster, came as well the aforesaid A. by his Attorney aforesaid, as the aforesaid J. by William Townsend his Attorney: And the same J. defends the Force and Injury, when, &c. and says, That he did not assume upon himself in manner and form as the aforesaid A. above against him complaineth: And upon this he puts himself upon the Country, and the aforesaid A. in like manner; therefore let the Jury thereupon come before our Lord the King at Westminster, on Thursday next after one month of Easter: And who neither, &c. To recognise, &c. Because, as well, &c. The same day is given to the parties aforesaid here, &c.   

A C. and M. his Wife, 
London, ss. Case for an Exccutrix upon a promise for goods delivered to workmen.  Executrix of the last Will and Testament of R. A. her late Husband deceased, complain of R. W. Gentleman, in the custody of the Marshall, &c. For that( that is to say) Whereas one randal Crew, Knight, intended to frame and build at his the said R. proper costs, and to his own proper use, a certain Structure in the City of Westminster, in the County of Middlesex, and employed S. C. and T. W. as the Workmen of him the said R. to frame and build the Structure aforesaid, for him the said R. And whereas also they the said S. and T. afterwards had communication with the aforesaid R in his life time, of, and concerning divers pieces of Timber, divers Joysts, Posts, and Boards, by them the said S. and T. of the aforesaid R. for the Structure aforesaid to be bought, to wit,( such a day, year, and place) in consideration, that the aforesaid R. in his life-time, at the special instance and request of him the said R. W. then being the servant of him the said randal, would sell and deliver to them the said S. and T. or either of them, such Timber, Joysts; Posts, and Boards, as they the said S. and T. or either of them afterwards, for the building aforesaid, should choose out, at the several rates and prices between the aforesaid R. A. and the aforesaid S. and T. or either of them to be agreed upon; did assume upon himself, and to him the said R. did then and there faithfully promise, that he the said R. W. all such sums of money for the Timber, Joysts, Posts, and Boards aforesaid; so by the aforesaid S. and T. or either of them, for the aforesaid Structure, as aforesaid, to be chosen, and by the aforesaid R. A. to them the said S. and T. or either of them, sold and delivered; as to him the said R. A. according to the rate and prices aforesaid, between the aforesaid R. and the aforesaid S. and T. or either of them, so as aforesaid should be agreed on to be due, payable for the same, to him the said R. A. when he should be afterwards thereunto required, would well and faithfully content and pay: And although the aforesaid R. A in his life-time, trusting to the promise and assumption of the aforesaid R. W. afterwards, to wit,( such a day and year, and place aforesaid) divers pieces of Timber, as also divers Joysts, Posts, and Boards, by him the said S. and the aforesaid T. or either of them, for the Structure aforesaid then chosen, and after mentioned, at several rates and prices between the aforesaid R. A. and the aforesaid S. and T. or either of them then agreed on, and after expressed by the aforesaid R. W. as aforesaid to be paid,( that is to say) seventy four feet of Oaken Timber for nine and thirty shillings, fifty and six feet of Oaken. Timber for thirty shillings and three pence, sixty five feet of Oaken Timber for thirty five shillings and two pence, fifty feet of Oaken Timber for seven and twenty shillings, thirty and six feet of Fir Timber for thirteen shillings and five pence:( and so recite the whole particulars) to them the said S. and T. to the purposes aforesaid, then and there delivered; all which said several sums of money, for the several pieces of the several parcels of Timber, for Joysts Posts, and Boards, in the whole, do amount to one and forty pounds, seven shillings and a penny; and although afterwards, to wit, the five and twentieth day, &c. the aforesaid R. A. at L. aforesaid, in the Parish, &c. Of the same pieces of Timber, Joysts, Posts, and Boards, so as aforesaid, chosen, bought, had, and delivered, as also of the several rates and prices of them, did give notice to the aforesaid R. W. requiring the aforesaid R. W. that he the said R. the aforesaid one and forty pounds seven shillings and a penny, for the pieces of Timber, Joysts, Posts, and Boards aforesaid, so as aforesaid chosen, bought, had and delivered, to him the said R. A. he would according to his promise and assumption aforesaid pay; yet the aforesaid R. W. little regarding his promise and assumption aforesaid, but plotting, and fraudulently intending the aforesaid R. A. in his life-time; as also them the said A. and M. after the death of him the said R. A. in that behalf, craftily and subtly, to deceive and defraud, the same one and forty pounds seven shillings and a penny, or any penny thereof, to the aforesaid R. in his life-time, or to the aforesaid M. after the death of him the said R. A. whilst she was sole, or to them the same A. and M. after espousals between them celebrated, although unto this, as well by the aforesaid R. A. in his life-time, to wit,( such a day and year) as by the said A. and M. often after the death of him the said R. A. at L. in the Parish, &c. hath been thereunto required, he hath not paid, or in any manner given content for, but the same to them to pay, hath altogether refused, and the same to them the said A. and M. as yet to pay, doth altogether refuse, to the hindrance of the Execution of the Testament aforesaid, and to the damage of them the said A. and M. fifty pounds, and thereupon they bring svit, &c. And they the said A. and M. bring here into Court, the Letters Testamentary of the aforesaid R. A. by which it sufficiently appears to the Court here, the same M. to be Executrix of the Testament aforesaid, and thereupon to have Administration, &c. Pledges of prosecuting, John do, and Richard row.   

B. Brickwood, 
London. ss. Case for a Cleck for his Fees for prosecution in the Upper Bench.  one of the Clerks of Robert Henly, Esquire and Samuel Wightwick Esq chief Clerks of our Lord the King that now is, of his Pleas, in the Court of him the said Lord the King, before him the said King assigned to be held, and according to the Liberties and privileges for the like chief Clerks, and their Clerks, time out of mind, used and approved in the same, present here in Court in his proper person complaineth of H. J. in the custody of the Marshall, &c. For that whereas all and singular the Clerks, of whatsoever chief Clerks of our said Lord the King, and his Progenitors, late Kings and Queens of England, for the Pleas in the Court of our said Lord the King that now is, and his Progenitors, before the King and his Progenitors aforesaid assigned to be held, time out of mind were, and were accustomend to be Attorneys in the same Court, according to the custom of that Court, from the whole time aforesaid in the same used and approved: And whereas also the aforesaid B. continually, by the space of eight years last past, and more, was one of the Clerks of the aforesaid R. H. and S. W. chief Clerks, &c. and an Attorney in the same Court by those years, according to the custom aforesaid: And whereas also the aforesaid H. J.( such a day, year, and place) in consideration that the aforesaid B. at the especial instance and request of him the said H. in the same Court of our said Lord the King that now is, before him the said King( the same Court at Westminster, in the County of Middlesex then being) in the then instant Term of Saint Michael, would appear in the same Court, and file a certain common Bail for Thomas Gainsford, Knight, and Thomas Gresham Esquire, at the svit of one T. Ainscombe, and would be the Attorney of them the said T. G. and T. G. to defend and prosecute in the same Court for them the said T. G. and T. G. in all Actions against them the said T. G. and T. G. upon that appearance in the same Court to be sued forth and prosecuted, did assume upon himself and to him the said B. did then and there faithfully promise, that he the said H. three shillings and four pence of lawful money of England, for the Attorneys Fee of him the said B. in that behalf every Term, for each several Action against them the said T. G. and T. G. or either of them, upon that appearance in the same Court to be sued forth and prosecuted, wherein he the said B. should be the Attorney of them the said T. G. and T. G. or either of them, and those Actions for them the said T. G. and T. G. or either of them, or either of their Attorney in the same Court, would defend and prosecute; as also all other Fees to him the said B. for his labour in writing in that behalf, according to the custom of the same Court duly accrueing, as also all such reasonable and usual costs and charges as by him the said B. in and about the defending and prosecuting thereof, should be laid out and disbursed, to him the said B.( when he should be thereunto afterwards required) would well and faithfully content and pay. And he the said B. in Fact, saith, That he, trusting to the aforesaid promise and assumption of the aforesaid H. B. stood Attorney for them the said T. G. and T. G. in the aforesaid Court of our said Lord the King that now is, before him the said King at Westminster aforesaid, on the aforesaid then instant Term of Saint Michael, in the third year aforesaid, and in the same Term of Saint Michael; for them the said T. G. and T. G. did appear, and a certain common Bail in the same Court, for them the said T. G. and T. G. did file, at the svit of the aforesaid T A. and as the Attorney of them the said T. G. and T. G. two several Actions at the svit of the aforesaid T. A.( one of which Actions was against him the said T. Grainsford, and the other against the said T. Gresham, upon that appearance in the same Court brought) in the same Term of Saint Michael did defend and prosecute and that six shi●lings and eight pence of lawful money of England, for the Attorneys Fees of him the said B. in the same Term of Saint Michael, in the aforesaid two several Actions did justly grow due; and also three shillings and six pence over and above the same Fees for the labour of him the said B. in writing in that behalf, and for his reasonable and usual costs and expenses by him the said B in and about the defending and prosecuting the aforesaid several Actions, to the Officers and Ministers of that Court laid out and disbursed: And whereas also the aforesaid H. J. afterwards, to wit.( such a day, year, and place) in consideration that the aforesaid B. at the like instance and request of him the said H. would then prosecute out of the aforesaid Court of our said Lord the King that now is, before him the said King( the same Court at Westminster, in the County of Middlesex then being) a certain Writ of Latitat, of our said Lord the King, in his Name, at the svit of one Michael Hayward, against H. H. R. H. and W. R. to the then Sheriff of Surrey directed, returnable in the same Court, did assume upon himself, and to him the said B. did then and there faithfully promise, that he the said H. five shillings and a penny of lawful money of England, to him the said B. for that Writ, when he should he thereunto afterwards required, would well and faithfully content and pay, and he the said B. in Fact, saith, That he the aforesaid B. trusting to 〈◇〉 promise and assumption of him the said H. aforesaid last mentioned, afterwards, to wit,( such a day, year, and place aforesaid) out of the same Court there, the aforesaid Writ of our said Lord the King of Latitat, in his Name at the svit of the aforesaid M. against the aforesaid H. H. R. H. and W. R. to the then Sheriff of S. directed, and in the same Court returnable, did profecute, and that Writ so prosecuted out, and in due manner sealed, he the said B. to the aforesaid H. did then and there deliver: And whereas also, &c.( and so proceed with several other Actions, wherein the Plaintiff was Attorney as before) yet the aforesaid H. little regarding his several promises and assumptions aforesaid, but plotting and fraudulently intending him the said B. of the several sums of money aforesaid craftily and subtly to deceive and defraud, the aforesaid several sums of money in the whole, amounting to forty pounds, or any penny thereof to him the said B. ( although the aforesaid H. afterwards, to wit,( such a day, year, and place) by him the said B. was thereunto required, hath not as yet paid, nor him the said B. for the same in any manner hitherto contented, whereupon he the said B. says, that he is damnified, and hath damage to the value of five pounds, and thereof he bringeth svit, &c.   

LONDON. ss. R. B. complaineth of A. E. 
For the hire of a Horse unpaid, and non-delivery of the Horse and furniture.  in the custody of the Marshall, &c. for that whereas the aforesaid A.( such a day, year, and place) in consideration that the aforesaid R. at the especial instance and request of the aforesaid A. and for fourteen shillings of lawful money of England, to him the said R. then and there by him the said A. paid, did then and there let out to hire, to the aforesaid A. one Gelding of his the said R. of the price of six pounds, with the furniture,( that is to say) with Bridle and Saddle upon the said Gelding, to be used upon his riding and journeying on a certain journey of him the said A.( that is to say) from the City of Westminster, in the County of Middlesex, unto the City of exeter, in the County of the same City of exeter, from( such a day aforesaid) by the space of seven days then next following, and longer, at the Will of him the said A. until he the said A. from his journey aforesaid should return, did assume upon himself, and to him the said R. did then, and there, to wit, at L. aforesaid, in the Parish, &c. faithfully promise that he the said A. the Gelding aforesaid, in as good case as the same Gelding at that time was, with Bridle and Saddle aforesaid at the return of him the said A. unto W. aforesaid, from his journey aforesaid, to him the said R. would deliver back, and that he the said A. for each day after the aforesaid seven days, until the Gelding aforesaid should be delivered back, would well and faithfully content and pay unto the aforesaid R. two shillings of lawful money of England, for the hire and journeying of that Gelding at the return of him the said A. and if he the said A. upon his return aforesaid, should not deliver back to him the said R. the Gelding aforesaid, in as good case as the same Gelding was at the aforesaid time of the promise of him the said A. in form aforesaid made, that then he the said A. six pounds of lawful money of England, for the price of the aforesaid Gelding to him the said R. when he should be thereunto requested, would well and faithfully content and pay; and he the said R. in Fact, saith, That he the said R. trusting to the aforesaid promise and assumption of him the said A. afterwards, to wit, the aforesaid,( such a day, year, and place) the Gelding aforesaid, in good case, with Bridle and Saddle aforesaid, to the aforesaid A. to ride, and journey, as aforesaid, did deliver, and that eight days from the end of the aforesaid seven days, unto the day of the return of him the said A. unto the City of W. aforesaid, said, from his journey aforesaid, to wit,( such a day) then next following, were expired; yet the aforesaid A. his promise and assumption aforesaid, little regarding, but plotting, and fraudulently intending the aforesaid R. in that behalf, craftily and subtly to deceive, and defraud, the Gelding aforesaid, with Saddle and Bridle aforesaid, and two shillings for each of the aforesaid eight days, in the whole, amounting to the sum of sixteen shillings, of lawful money of England, nor any parcel thereof, after the return of him the said A. from his journey aforesaid, to him the said R. hitherto as yet hath not at all delivered or paid, nor the aforesaid six pounds for the price of the aforesaid Gelding of him the said R. nor any parcel thereof to the aforesaid R. hitherto hath paid, nor in any wise him for the same contented, although unto do it, the aforesaid A. by the aforesaid R. afterwards, to wit,( such a day, year, and place) hath been thereunto required; whereupon he saith, that he is damnified, and hath damage to the value often pounds, and thereof he bringeth svit, &c.   

LOndon. 
Case upon a Promise for money for wears delivered upon two several Contracts.  ss. W. H. complaineth of J. C. in the custody of the Marshall, &c. For that, whereas the aforesaid J.( such a day, year, and place) in consideration that the aforesaid W. then and there, at the special instance and request of the aforesaid J. had bargained and sold to him the said J. to the proper use and service of him the said J. eighteen yards of black silk Grogram, at the rate and price of twelve shillings of lawful money of England, for each yard thereof, four Ells and a half of rich Florence Taffaty, at the rate and price of sixteen shillings of like money for each Ell thereof, four yards and a quarter of white Holms Fustion, at the rate and price of sixteen pence of like money, for each yard thereof; eight yards of green Paragon, at the rate and price of five shillings of like money for each yard, did assume upon himself, that he the said J. the aforesaid several sums of money to him the said W. would well and faithfully content and pay; and whereas the aforesaid J. afterwards, to wit,( such a day, year, and place) in consideration, that the aforesaid W. then and there at the like instance and request of the aforesaid J. had bargained and sold to the proper use and behoof of him the said J. eleven yards and three quarters of black silk Say, at the rate and price of five shillings and six pence, of lawful, &c. for each yard thereof( and so proceed with other particulars) as immediately before, upon the former Contract) which said several sums of money, do amount in the whole, unto twenty seven pounds and four shillings of lawful money of England; yet the aforesaid J. his several promises and assumptions aforesaid little regarding, but plotting, and fraudulently intending him the said W. of the aforesaid twenty seven pounds and four shillings, craftily and subtly to deceive and defraud, the same twenty seven pounds and four shillings to the aforesaid W. although to do this, afterwards, to wit,( such a day, year, and place) he the said J. by him the said W. hath been thereunto required, hath not as yet paid, nor the said W. for the same, hitherto in any manner of wise given content, whereupon he the said W. says, that he is damnified, and hath damage to the value of twenty pounds, and thereof he bringeth svit, &c. Pledges, &c.   

THE Defendant prayeth licence to imparl, &c. And hereupon J. L. 
Bail in trespass upon the Case.  of J. in the County of S. Gentleman, and G. L. of, &c. undertook for the said Defendant, to have his body here at the aforesaid. Monday: And so from day to day, at every day of the Plea, until the Plea aforesaid should be ended and judgement thereof given; and also, if it should happen the aforesaid Defendant, in the Plea aforesaid to be convicted, and judgement for the said Plaintiff in the Plea aforesaid to be given, if the aforesaid Defendant should not then render himself to the prison of the Keepers, &c. of the Fleet, there to remain, until the said Defendant should satisfy whatsoever damages against the said Defendant, should be adjudged to the said Plaintiff in the Plea aforesaid; the said J. and G. undertook, and both of them hath undertaken for the said Defendant, under the pain of one hundred pounds, to satisfy the aforesaid Plaintiff, whatsoever damages should be adjudged to the said Plaintiff in the Plea aforesaid: which said hundred pounds the said J. and G. have acknowledged to be made of their Lands and chattels, and to be levied to the use and behalf of the said Plaintiff, to whose hands soever they shall come, if it may happen the aforesaid Defendant to do in any thing against the assumption and undertaking aforesaid, &c.   

LOndon. ss. J. B. Gentleman, complaineth of R. L. Esquire, 
Against a Sheriff for an Escape upon a Writ of Outlawry.  late Sheriff of the County of B. in the custody of the Marshall, &c. For that( that is to say) That whereas one G. F.( such a day and year) at L.( that is to say) in the Parish of the blessed Mary of Bow, in the Ward of Cheap, London, by his certain Writing Obligatory, sealed with his Seal, 
The party escaped indebted to the Defendant in a Bond. ( and to the Court now here shewed) the date whereof is the same day and year, did aclowledge himself to be held, and firmly bound to the said J. B. in one hundred pounds of lawful money of England, to be paid to the said J. B. when thereunto he should be required; with a Condition thereunder subscribed, containing these words following:( that is to say) The Condition of this Obligation is such, That if the above bound, 
The Condition of the Bond.  G. F. his Executors, Administrators or Assigns, or any of them, do, or shall pay, or cause to be paid unto the above-named, J. B. his Executors, Administrators, or assigns, or any of them, the full and just sum of fifty pounds of lawful money of England, upon the( such a day and year) at, or in the now dwelling House of the said J. B. situate in C. in the County of B. aforesaid, that then this present Obligation, to be voided and of none Effect, or else it to remain, continue, and be in full force, Effect, and virtue, as by the said Bond and Condition more plainly and at large it doth and may appear: 
Averment that the money was not paid at the day in the Condition expressed, by which the Bond was forfeited, and thereupon Action accrued to the Defendant.  Which said fifty pounds, the said G. F. at the day of payment thereof, nor at any other time, did not pay or satisfy to the said J. B. by which the said Writing Obligatory, became forfeited to the said J. B. and Action to him accrued, and happened to require and have of the said G. F. the said one hundred pounds; and although the said G. F. the said one hundred pounds to the said J. B. although he was often thereunto required, did not pay or satisfy to the said J. B. he the said J. B. for the more speedy obtaining and recovery of the said one hundred pounds, afterward,( that is to say, Such a day and year) did prosecute and obtain out of the Court of Chancery of the said late King, a certain Writ original of the said late King, 
The Defendant and prosecute an original Writ out of Chancery.  to the then Sheriff of B. commanded, that if the said J. B. should cause him to be secured for prosecuting his Complaint, then he should put by Sureties and safe Pledges, the said G. F. that he should be before the said late King in his Chancery,( such a return) wheresoever it then should be, 
The original.  of a Plea, that he should render unto him one hundred pounds, which to him he owed, and unjustly detained, &c. And that he should then there have that Writ, at which day before the said late King, 
The return of the original.  came the said J. B. by his Attorney, and the said Sheriff returned, That the said J. B. did find to the said Sheriff, Pledges of prosecuting( that is to say) J. D. and R. R. And that the said G. F. was not found in his Bailiwick: 
The Capias.  Therefore it was commanded to the said Sheriff, that he should take the body of the said G. F. if, &c. So that he might have his body before the Justices of our said late King, 
The return of the Capias.  at W. in, &c.( Such a return) to answer unto the said J. B. of the Plea aforesaid: At which day the said J. B. there came, and the said Sheriff returned, 
The Alias Capias.  that the said G. F. was not found in his Bailiwick, and he came not; Therefore as formerly, it was commanded to the Sheriff, that he should take the body of him the said G. F. if, &c. and him safely keep; 
The return of the Alias Capias.  so that he might have his body before the said Justices of the said late King, in the( such a return) then next following, to answer unto the said J. B. in the Plea aforesaid: At which day, the said J. B. there came, and the said Sheriff returned, that the said G. was not found in his Bailiwick, and he came not: And therefore, 
Plures Capias.  as formerly, it was commanded the Sheriff, that he should take the said G. F. if, &c. And him safely keep; so that he might have his body before the Justices of the said late King, in, &c. then next following, to answer unto the said J. B. of the Plea aforesaid: At which day the said J. B. there came, and the said Sheriff returned, that the said G. was not found in his bailiwick, 
The Return.  and he came not: Therefore it was commanded to the Sheriff, That he should cause to be called the said G. F. from County to County, until according to the Law and Custom of this Nation he should be outlawed if he did not appear; and if he did appear, 
The Exigent,  that then he should take him, and him safely keep, so that he might have his Body before the said Justices of the said late King at W. in, &c. then next following, to answer unto the aforesaid J. B. of the Plea aforesaid: 
The Return of the Ezigent.  At which Day the said J. B. came there by his Attorney, and the Sheriff returned, That at his County of B. held for the said County of B. 
First summons. ( such a Day and Year) at, &c. the said G. F. was the first time called, and he did not appear; 
Second summons.  And that at his County of B. held for the said County of B.( such a Day and Year) at, &c. the said G. F. was the second time called, and did not appear: And that at his County of B. held for the said County of B.( such a Day and Place) in the same Year, 
Third summons.  the said G. F. was the third time called, and did not appear: And that at his County of B. held for the said County of B. 
Fourth summons. ( such a Day and Place) in the same Year, the said G. F. was the fourth time called, and did not appear: And that at his County of B. held for the said County of B.( such a Day and Place) in the same Year, 
Fifth summoas.  was the fifth time called, and did not appear: Therefore by the judgement of A. B. and C. D. Coroners of the said County, the said G. F. was outlawed, 
Adjudged outlawed.  as by the return thereof, returned into the said Court of the said late King, before his said Justices at Westminster, and now remaining in the Court before the Justices of the common Bench at W. 
As by Returns of the several Writs.  more plainly it doth and may appear: Upon which afterwards( that is to say) the thirteenth Day of J. in the Year of our Lord one thousand six hundred fifty and one, the said J. B. 
The Capias utlagat.  did prosecute and obtain out of the Court of the Common Bench before the Justices of the said Bench at W. a certain Writ upon the said Outlawry, by which Writ the said Keepers commanded the Sheriff of B. that he the said Sheriff should not omit, by reason of any liberty of his County, but that he should take the said G. F. by the name of, &c. outlawed in his County, the twelfth Day of N.( in such a Year) at the svit of the said J. B. of a Plea of Debt, if he should be found in his bailiwick, and him safely keep, so that he might have his Body before the Justices of the Common Bench at W. in eight Days of Saint Martin, to do and receive that which the Court here should then consider of him: Which said Writ afterwards( that is to say) such a Day in the same Year, was delivered to the said R. L. 
The Writ delivered to the Sheriff.  then Sheriff of the said County, in form of Right to be executed: By virtue of which Writ the said Sheriff afterwards( that is to say) such a Day, and Year, 
The party arrested by virtue of the Capias utlagat.  and Place, did take the said G. F. and had him in his Custody, by virtue of the said Writ: But the said R. L. being Sheriff of the said County of B. not regarding the Duty of his said Office of Sheriff, nor his Oath taken for the due Execution of the same, 
The Sheriff not regarding his Office. The Escape.  craftily and subtly intending to deceive and defraud the said J. B. of the said hundred pounds( such a Day and Year) at London aforesaid, in the P. and W. aforesaid, him the said G. F. at large whither he would to go and escape( without the licence and consent, and against the Will of the said J. B. did permit, the said hundred pounds, or any part thereof, to the said J. being not satisfied) and the said G. ever since hitherto to places to the said J. unknown, did, and yet doth absent and eloyn himself, so that the said John could never by any process of Law since get him taken, and thereby the said John hath totally lost the benefit and advantage of the recovery of the said hundred pounds; whereupon the said J B. saith, That he is the worse, and hath Damage to the value of two hundred pounds, and thereof he bringeth svit, &c.   

A. B. complaineth of C. D. in the custody of the Marshal, 
For stoping up tights by erecting a House so near the Plaintiffs.  &c. for that( that is to say) that whereas the said Plaintiff was possessed of a certain messsage or House called L. and of a certain ston Wall to the same messsage being adjoining at C. in the Parish, &c. by the Demise of E. F. for a term of certain years as yet continuing, in which said messsage or House are, and from the time of the contrary, &c. is not extant, were seven windows or lights out of the house aforesaid, on the South part of the same House, to have and enter light and air within the same House, and by the whole time to enlighten every necessary part of the same House, yet the said Defendant devising to deprive and hinder the said Plaintiff of the whole profit and commodity of the House aforesaid, the first Day of M. at C. in the Parish of, &c. aforesaid, did levy and erect, and of new did build and fabricate a certain new messsage to the said House or messsage of the aforesaid A. B. next adjoining to the South part of the said House of the aforesaid A. B. and upon the aforesaid ston Wall of the said Plaintiff, of such a height, that the whole light which by the Windows aforesaid by the whole time aforesaid was accustomend to come unto, and enlighten the House or messsage of the said A. B. and afterwards might come unto and enlighten, by reason of the said messsage of new built, levied, and erected, was wholly obstructed, hindered, and stopped; by which the said A. B. not onely did lose the whole profit and commodity of his said House, but also the aforesaid House or messsage by that occasion did become of much less yearly value of Rent then formerly it hath been, to the Damage, &c.   

Buck ss. 
For departing from service within the time retained.  EDward base complaineth of John Hutchins in the custody of the Marshal, &c. for that( that is to say) that whereas the aforesaid E. ( such a day and year) at W. in the County aforesaid, had retained him the said J. in his service, to serve him the said E. for the term of one whole year then next following, in the Office of a Shepherd, to keep his Sheep, and to do, agitate, and execute his businesses to the Office of a Shepherd in that behalf belonging, to take of the same E. for his wages by that time three pounds: And in consideration that the same E. did assume upon himself, and to the said J. then and there faithfully promise, to pay to the said J. the said three pounds for his wages aforesaid, the aforesaid J. in consideration thereof, did assume upon himself, and to the said E. then and there faithfully promise, That he the same J. the aforesaid E. his Master, for and during the said term of ox whole year then next following in his Office aforesaid, would well and truly serve; yet the said J. his Promise and Assumption aforesaid not regarding, but devising, &c. to defraud the said E. well and faithfully during his term aforesaid hath not served, but from the service of him the said E. by a great time within the term aforesaid( that is to say) from the five and twentieth day of M. in such a year, until the Feast of, &c. then next following, against the will of him the said E. hath departed; By reason whereof the same E. saith, That he hath wholly lost ten Sheep of the price of five pounds, for want of the due keeping of him the said J. to the Damage of, &c. The Defendant pleaded, that by Protestation the Plaintiff did not retain him, and for his Plea, he made no such Promise, Pasch. 4 Jacobi.   

EDward Arris Chirurgeon, 
For a Chirurgeon upon a promise in the Testators life time.  complaineth of Thomas Dolton Executor, &c. of J. D. his Brother deceased, in the Custody of the Marshal, &c. for that, to wit, that whereas the said J. in his life, to wit( such a Day and Year) and long before, at London, &c. was taken and held with a certain Disease called the Burstenness in the God, of him the said J. of which Disease the same J. then, and long before, did languish: The same J. afterwards, to wit( such a Day, Year, and Place) aforesaid( in consideration that the said E. at the special instance and request of him the said J. would heal and cure the said J. of the Disease aforesaid) did assume upon himself, and to the said E. then and there faithfully promise, That he the same J. his Executors or Administrators, for the heal and cure of him the said J. of the Disease aforesaid, would well and faithfully pay and content twenty pounds of lawful, &c. to the said E. And the same E. in fact saith, That he giving credit to the Promise and Assumption of the said J. aforesaid, afterwards, that is to say( such a Day and Year) abovesaid at L. aforesaid, in the Parish and Ward aforesaid, did heal and cure the said J. of the Disease aforesaid, of which said twenty pounds, 
Part pay●●.  the same E. doth acknowledge himself to be satisfied by the said J. in his life of fifteen pounds( parcel of the aforesaid twenty pounds) yet the said J. in his life, and the aforesaid T. after the Death of him the said J. the Promise and Assumption of the said J. in form aforesaid made, as to five pounds residue of the aforesaid twenty pounds, but devising, &c. to deceive and defraud, the aforesaid five pounds, or any parcel thereof, to the said E. have not as yet paid, nor either of them hath paid, nor for the same any wise hitherto have made any reasonable content to the said E. nor either of them hath made( although the same J. in his life, afterwards, to wit( such a Day and Year) abovesaid, and the aforesaid T. after the Death of him the said J. that is to say such a Day and Year) at L. &c. have often by the same E. been required to do the same: And although also the Goods and Chattels which were of the aforesaid J at the time of his Death sufficient, as well to pay all the Funeral Debts and Legacies of him the said J. as also the aforesaid five pounds after the Death of him the said J. to the hands and possession of the said T. came to be administered, &c. and as yet in the hands of him the said T. are unadministred: Whereupon he saith, that he is damnified, and Damage to the value of ten pounds, and thereof he bringeth the svit, &c. Fully administered at the time of filing of the Bill pleaded, Trin. 9 Car.   

London ss. 
Against an unskilful Chirurgeon.  MArgaret Heath Widow, complaineth of John Carr in the Custody of the Marshal, &c. for that( that is to say) that whereas the same M.( such a Day, Year, and Place) did languish of a certain infirmity in and upon the Nose of her the said M. commonly called a Noli●me-tangere, and whereas afterwards( to wit) the Day and Year abovesaid, at L. &c. the aforesaid M. having conference with the said J. for and concerning the cure of the infirmity aforesaid, the said J. then and there affirming himself to be a Chirurgeon, and in that surgeons Art learned and skilful, well and faithfully to cure the said M. of the infirmity aforesaid, and to make her thereof whole and sound, as well for a certain Sum of money( to wit) twenty pounds of lawful, &c. by the same M. to the said J. then and there in hand paid, as for other twenty pounds of like money, when the same J. should bring that infirmity within the compass of a piece of silver called two pence, and also for forty pounds more, when the same J. should perfectly cure and make whole the same M. of that infirmity by the same M. promised to be paid, had assumed upon her self and the same J. afterwards( such a Day, Year, and Place) aforesaid, for the consideration aforesaid, did undertake the cure of the infirmity aforesaid, and did apply and put too divers plasters and other Medicines to heal and cure the infirmity aforesaid at L. aforesaid, in the P. and W. aforesaid, and from thence until( such a Day and Year) and the same J. within the time aforesaid at L. aforesaid, in the P. and W aforesaid, at divers several times, divers several Sums of money, in the whole amounting to forty pounds( besides the said twenty pounds in hand as aforesaid paid for his labour and industry, and upon his daily Assertions and faithful Promises of the said J. to the said M. made to cure and make sound her the said M. of her infirmity aforesaid) of the aforesaid M. falsely, wickedly, and deceitfully did require, receive, and had, yet the said I. being in truth wholly unlearned, and in the chirurgeons Art unexpert, but greedy of gain, out of a praved and evil mind and malevolent intention, devising to defraud the said M. of her moneys; and to deceive and long to detain her the said M. in the cure of the Infirmity aforesaid, with vain persuasions, enticements, and assertions, so unskilfully and inartificially did apply and put to the plasters and other Medicines for the cure of the Infirmity aforesaid, within the time aforesaid, that the same M. by reason of the negligence, inartificiality and unskilfulness of the said I. in this behalf, not onely with most grievous pains and troubles by the whole time aforesaid did torment; but also by reason thereof and out of the naughtiness and malignity of the aforesaid plasters and other Medicines so( as aforesaid) unskilfully and without Art applied and put to the Nose of the said M. was, and is wholly knawed and eaten off, to the great deformity of her the said M. whereupon the said M. saith, that she is damnified, and hath damage to the value of two hundred pounds and thereof she bringeth svit, &c. M. 6. Jac.   

MIddlesex. ss. J. B. doth complain of A. L. 
Against a late Sheriff for not returning a Writ of putting to sale.  late Sheriff of the County of W. in the custody of the Marshal, &c. for that( that is to say) that whereas the same I. formerly( to wit) in the Term of St. hilary, in the sixth year of the reign of the Lord James now King of England, in the Court of him the said Lord the King, before Edward cook Knight, and his Associates, then Justices of him the said Lord the King of his Bench at W. in the said County of Middlesex, by consideration of the same Court, had recovered against one F. E. by the name of F. E. late of, &c. as well a certain debt of forty pounds, as thirty shillings, which he had by reason of detaining of that debt, whereof he was convicted, 
judgement entred in H. 7. Jac. Rot. 3239  as by Record and Process thereof in the said Court of the said Lord the King of the Bench aforesaid remaining, manifestly appearth; upon which same judgement, the same I. for the more speedy recovery of his debt and damages aforesaid, afterwards, to wit( such a day and year) had prosecuted out of the aforesaid Court of the said Lord the King of the Bench aforesaid,( that is to say) at W. aforesaid, a certain Writ of the said now Lord the King, of Fieri facias against the aforesaid F. to the then Sheriffs of London directed by which said Writ the same now Lord the King to the said then Sheriffs of L. commanded, that of the Goods and Chattels of the aforesaid F. in their Bailiwick, they should cause to be levied as well a certain debt of forty pounds which the same I. in the same Court of him the said Lord the King of the Bench aforesaid at W. aforesaid had recovered against him, as the aforesaid thirty shillings, which to the same I. in the same Court of the said Lord the King of the Bench aforesaid, were adjudged for his Damages which he had by reason of detainig of that Debt, and that they should have those moneys before the aforesaid Justices of the said Lord the King of the Bench aforesaid, at W. aforesaid, in Eight Dayes of the Purification of the blessed Mary, then next following, to render to the said I. for his Debt and Damages aforesaid; at which Day before the aforesaid Justices of the said Lord the King of the B. aforesaid at W. aforesaid: came the aforesaid I. by A. G. his then Attorney, and A. B. and C. D. then Sheriffs of L. then there returned, that the aforesaid F. had no Goods or chattels in their Bailiwick, whereof they could cause to be made the Debt and Damages aforesaid, or any parcel thereof, whereupon it was then testified in the aforesaid Court of the said Lord the King of the Bench aforesaid, on the behalf of him the said I. that the aforesaid F. had sufficient Goods and Chattels in the aforesaid County of W. whereof the Debt and Damages aforesaid might be made: By which the same now Lord the King afterwards, to wit( such a Day and Year) abovesaid, at the prosecution of him the said I. by his certain other Writ to the said then Sheriff of Wiltshire directed, the said then Sheriff of Wiltshire commanded, that of the Goods and Chattels of the aforesaid F. in his Bailiwick, he should cause to be made as well the said Debt of forty pounds, which the same I. in the aforesaid Court of the said Lord the King of the B. aforesaid had recovered against him, as the aforesaid thirty shillings, which to the same I. in the aforesaid Court of the said Lord the King of the B. aforesaid, were adjudged for his Damages which he had by reason of detaining of that Debt: And that he should have those moneys, before the aforesaid Justices of him the said Lord the King of the Bench aforesaid at W. aferesaid from the Day of E. in fifteen Dayes then next following, to render to the said I. for the Debt and Damages aforesaid, in form aforesaid: Which said Writ, the same I. afterwards and before the Return of the same Writ, to wit( Such a day and year) abovesaid, at the City of New Sarum in the aforesaid County of Wilts, did deliver to the said A. L.( then Sheriff of the said County of W.) in Form of Right to be executed: And at that the return of the same Writ, to wit, from the aforesaid day of E. in fifteen dayes, before the aforesaid Justices of the said Lord the King of the Bench aforesaid, at W. aforesaid, came the aforesaid I. by his Attorney aforesaid, and the aforesaid A. L. then Sheriff of the aforesaid County of W. returned, the Writ aforesaid, to him in form aforesaid directed and delivered,( that is to say) that he the same then Sheriff of W. by virtue of the same Writ had taken divers Goods and chattels which were of the aforesaid F. E. to the value of the Debt and Damages aforesaid, which said Goods and Chattels so taken in his custody then remained unfold for want of Buyers, whereupon the same I. afterwards, to wit,( Such a day and year,) prosecuted out of the aforesaid Court of the said Lord the King of the Bench aforesaid, to wit, at Westminster aforesaid, a certain Writ of the said now Lord the King, to the same then Sheriff of Wiltshire directed, by which Writ the said now Lord the King to the said then Sheriff of W. commanded that he should put to sale the aforesaid Goods and Chattels which were of the aforesaid F. E. to the value of the Debt and Damages aforesaid, which the said then Sheriff had taken, and in his custody then were remaining unfold for want of buyers, as the same then Sheriff to the same Justices of the said Lord the King of the Bench aforesaid, at Westminster aforesaid, from the day of E. in fifteen dayes then last past, had returned, and that those moneys he should have before the aforesaid Justices of the said Lord the King of the Bench aforesaid, at Westminster aforesaid, in 8. dayes of the Holy Trinity, then next following, to render to the said I. for his Debt and Damages aforesaid, which said Writ the same I. afterwards and before the Return of the same Writ, to wit( Such a day and year) at the aforesaid City of New Sarum in the County of W. aforesaid did diliver to the said A. L. in form of Law to be executed: and at the return of the same Writ, to wit, in the aforesaid eight daies of the Holy Trinity then next following, before the aforesaid Justices of the said Lord the King of the Bench aforesaid, at W. aforesaid, came the aforesaid I. by his Attorney aforesaid, and the same then Sheriff of W. the aforesaid Writ of putting to sale to him in form aforesaid directed and delivered, then there did not return, nor as yet, although required, &c. hath returned, nor the Debt and Damages aforesaid, or any parcel thereof to the said I. hitherto hath rendered, but the Goods and Chattels aforesaid by him in Form aforesaid taken afterwards, to wit( Such a day and year) at W. aforesaid to the proper use and profit of him the said then Sheriff of W. hath converted and disposed, by which the same I. of the Debt and damages aforesaid is wholly defrauded; Whereupon he saith that he is damnified, and hath damage to the value of sixty pounds, and thereof he bringeth svit, &c. H. 10. Jac.   

Middlesex. ss. Thomas tailor and Katherine his Wife, 
Against a Sheriff for falsely returning that an Adminstrator had wasted the Goods of the Intestate.  who as well for the Lord the King as for himself prosecuteth, doth complain of E. Bromfeild and Richard fen, lately Sheriff, of London, in the custody of the Marshall, &c. For that( to wit) that whereas by the Writ of the Lord the King, of Judgement to the same late Sheriffs of London directed, the eleventh day of June( in such a year) at Westminster in the County of Middlesex aforesaid, from the Court of the said Lord the King, before him the said King issuing, it was commanded that of the Goods and Chattels which were of I. H. the Elder, deceased, at the time of his death, who dyed intestate, as it is said, in the hands and custody of the aforesaid Thomas Tailor and Katherine his Wife, Administratrix of all and singular the Goods and Chattels, Rights and credits which were of the aforesaid I. at the time of his death, they should cause to be made one and forty pounds of Damges, which one laurence Nercott Administrator of all and singular the Goods and Chattels, Rights and credits, which were of I. H. the younger, at the time of his Death, who dyed intestate, did recover as well by reason of not performing of certain Promises and Assumptions to the said I. H. the younger, in his life, by the said I. H. the Elder in his life made, as for his costs and charges by him about his svit in this behalf expended, whereof he is convicted, as to the said Lord the King did appear of Record; if so much they had in their hands; and if so much they had not in their hands, then they should cause to be levied five pounds, parcel of the aforesaid one and forty pounds, for his costs and charges aforesaid, of the proper Goods and Chattels of the aforesaid T. T. and K. in their Bailiwick, and that they should have those moneys before the said Lord the King at Westminster on Tuesday next after three weeks of the Holy Trinity, then next following, to render to the said laurence for his Damages aforesaid, and that they should have there then that Writ: And although the aforesaid T. T. and K. any Goods or Chattels which were of the aforesaid I. H. the Elder at the time of his Death, have never wasted, or either of them hath wasted, nor the same T. and K. any Moneys coming of those Goods and Chattels to their own proper use have converted, neither either of them hath converted, as they the said T. and K. by ways and means convenient are ready to make appear, as they affirm; yet the said late Sheriffs of London aforesaid, falsely and maliciously, and against the due form of their Oath at Westminster aforesaid, have returned the Writ aforesaid before the said Lord the King, at the aforesaid day of the returnthereof( to wit) on Tuesday, &c. in the aforesaid Writ specified, that the aforesaid T. T. and K. after the Death of the aforesaid I. H. the Elder, had divers Goods and Chattels which were of the same I. at the time of his death, to the value of the aforesaid one and forty pounds of the Goods and Chattels of the aforesaid I. H. the Elder, whereof they might have satisfied the said laurence of his same damages aforesaid: Which said Goods and Chattels the said T. and K. afterwards and before the coming of the said Writ to the same Sheriffs had wasted, and to their own use converted, so that the damages aforesaid or any parcel thereof of those Goods and Chattels they could not cause to be made: And moreover returned that the aforesaid T. and K. had no Goods and Chattels which were of the aforesaid I. at the time of his death, in their hands to be administered in his Bailiwick, whereof the Damages aforesaid, or any parcel thereof he could cause to be made, by which the aforesaid T. and K. in their persons and estates are very much worsted, vexed, and impoverished, in contempt of the said now Lord the King; and of the Court of him the said Lord the King, and deceiving of the laws and customs of this Kingdom of E. also the damage of them the said T. T. and K. of a hundred pounds: And thereupon as well for the Lord the King, as for themselves he bringeth the svit, &c. M. 4. Car.   

Pleas before the Keepers of the Liberty of England, 
Against a Sheriff for returning a Writ that the Executor had wasted the Testators estate.  by the Authority of Parliament, in the Upper Bench at Westminster, of the Term of Saint Michael, in the year of our Lord one thousand six hundred and fifty.   

Middlesex. ss. Be it remembered that formerly( that is to say) In the term of the Holy Trinity last past, 
The Record.  before the Keepers, &c. in the Upper Bench at Westminster came Richard Brecher, who as well for the Lord the King, as for himself, doth prosecute by Richard Antrobus his Attorney: And brought here into the Court of upper Bench then there his certain Bill against Robert Lewkner Knight, late Sheriff of the County of Kent, in the custody of the Marshall, &c. of a Plea of trespass upon the Case. And then were Pledges of prosecuting( to wit) John do, and Richard row: Which said Bill followeth in these words. Middlesex. ss. Richard Beecher, who as well for the Keepers, &c. as for himself doth prosecute, doth complain of R. L. Knight, late Sheriff of the County of Kent, in the custody of the Marshal, of the marshalsea of the Keepers, &c. before them the said Keepers, in the Upper Bench at W. being for that( that is to say) That whereas by the Writ of the said Keepers, of judgement to the same late Sheriff of Kent directed, the one and thirtieth day of October( in such a year) at W. in the aforesaid County of Middlesex, from the Court of the said Keepers, &c. before them the Keepers in the Upper Bench, the same day issuing, reciting that whereas the late Sheriff of Sussex had lately been commanded, that of the Goods and Chattels which were of H. E. deceased, lately called, &c. at the time of his death, in the hands and custody of the aforesaid R. B. Executor of the Testament and last Will of the aforesaid H. together with one T. Wickenden now deceased, lately the Wife of E. W. coexecutrix with the aforesaid R. of that Testament in his Bailiwick, he should cause to be made twenty pounds of Debt, which I. E. lately in the Court of the Keepers, &c. before them the said Keepers, in the Upper Bench at Westminster aforesaid, had recovered against him; and also forty shillings which to the same I. in the same Court of the Keepers, &c. before them, &c. were adjudged for his Damages which he sustained, as well by occasion of detaining of that Debt, as for his costs and charges by him about his svit in this behalf expended, if so much in his hands he should have: and if he should not have so much in his hands to be administered, then the damages aforesaid of the proper Goods and Chattels of him the said R. whereof he is convicted, as to the said Keepers, &c. doth appear of Record: And whereupon in the Court of the said Keepers, &c. before them, &c. it was considered, that the aforesaid I. should have Execution against the aforesaid R. of the debt and damages aforesaid, in form aforesaid: And that he should have those moneys before the said Keepers, &c. in the upper Bench at Westminster on monday next after, &c. to render to the said I. for the debt and damages aforesaid: And the said Sheriff of S. at that day, to the said Keepers, &c. returned that the said R. had no Goods or Chattels in his Bailiwick, in his hands, which were of the aforesaid H. E. deceased, whereof the debt and damages aforesaid he could any ways cause to be made, nor any his proper Goods or Chattels, whereof the damages aforesaid, or any parcel thereof, he could any wise cause to be made: Whereupon on the behalf of the aforesaid I. in the Courts of the said Keepers, &c. before them, &c. it was sufficiently testified, That the said R. had Goods and Chattels sufficient, which were of the aforesaid H. at the time of his death in his hands in the Bailiwick of the aforesaid late Sheriff of the County of Kent, whereof the debt and damages aforesaid they might cause to be made and levied: Therefore it was commanded to the then late Sheriff of Kent, that of the Goods and Chattels which were of the aforesaid H. at the time of his Death, in the hands and custody of the aforesaid R. in his Bailiwick, he should cause to be made the aforesaid two and twenty pounds, if so much he had in his hands to be administered, and if so much in his hands he had not to be administered, then forty shillings thereof for his damages aforesaid of the proper Goods and Chattels of him the said R. And that he should have those Moneys before the said Keepers, &c. in the Upper Bench at W. on, &c. To render to the said I. for the debt and damages aforesaid in form aforesaid, and that he should have there then that Writ, and although the aforesaid R. B. no Goods or Chattels which were of the aforesaid H. E. at the time of his death ever had in his hand to be administered: And although the same R. any Goods and Chattels which were, &c.( as in the Declaration next before until the end, changing two persons for one) and thereof as well for the Keepers, &c. as for himself produceth svit, &c. And now at this day( that is to say) on, &c. in this same Term( until which day the said Defendant had licence to imparl to the said Bill, 
The Plea not Guilty.  and then to answer, &c.) before the Keepers, &c. in the Upper Bench at W. came as well the aforesaid R. B. who as well, &c. by his Attorney aforesaid, as the said R. L. by John Saunders his Attorney: And the said Defendant cometh and defendeth the force and injury when, &c. And saith, That he is not thereof guilty, and of this he putteth himself upon the country, and the said Plaintiff, who as well, &c. likewise, &c. Therefore let Jurors thereof come before the said Keepers in the Upper Bench at W. on, &c. And who neither, &c. to recognise, &c. because as well, &c. The same day is given to the said parties there, &c.   

WAlter Newsam doth complain of William Wiggen in the custody of the Marshal, &c. 
Against a Vicar for not enjoining rate tithes, according to his promise.  for that( that is to say) that whereas the same W. ( Such a day and year) at C. in the County &c. was Vicar of the Parish Church of C. aforesaid, and in right of his vicarage aforesaid, was seized of the tithes of Lambs, wool, and of other privy tithes yearly increasing, coming and arising within the aforesaid Parish of C aforesaid( and the aforesaid W. then being a Parishioner of the same Parish of C. aforesaid) the aforesaid W. afterwards, that is to say, the aforesaid( such a day and year) abovesaid at C. aforesaid in the County aforesaid, in consideration of two and twenty pounds of lawful, &c. to the same W. by the same Plaintiff then and there faithfully paid, did assume upon himself, and to the said W. then and there faithfully promised, that he the same Plaintiff, all and singular tithes of Lambs and wool, & of all other Tythable things whatsoever called privy tithes, to the same Defendant by the said Plaintiff then afterwards to be due, and to be paid within the Parish aforesaid, in what manner soever increasing, coming, or arising by the space of five years from thence next following, should have and enjoy, if the same Defendant, the Vicar of the vicarage aforesaid so long should continue, and should retain and possess the vicarage aforesaid in his own hands: And if the aforesaid W. Vicar of the Vicarridge aforesaid, by the aforevaid time of five yeares should not continue, nor the vicarage aforesaid in his own hands so long should retain and possess; then the same Defendant four pounds and eight shillings of Lawful, &c. for every year in which the same W. was not Vicar of the vicarage aforesaid, nor the vicarage aforesaid in his hands should have, to the aforesaid Plaintiff when thereunto afterwards he should be required, well and truly would pay and content: And the same Plaintiff in Fact saith, that the aforesaid Defendant in the last year of the aforesaid five years, was not Vicar of the vicarage aforesaid, nor the same vicarage in his own hands had and held, by which the aforesaid Plaintiff, all and singular the tithes of Lambs and wool, and other privy tithes aforesaid, by the space of one year of the aforesaid five years, could not have and enjoy, yet the said Defendant his promise and ussumption aforesaid not regarding, but devising, &c. to defraud, the aforesaid four pounds and 8. shillings to the same W. by the same Defendant, in form aforesaid due, to the said Plaintiff hath not as yet paid, nor any wise hitherto for the same contented( although this to do, &c. was required) by which the same Plaintiff divers commodities, profits, and advantages which he with the aforesaid four pounds and eight shillings in buying, selling, and lawfully bargaining, might have had and gained( if the aforesaid Defendant his promise and assumption aforesaid, in form aforesaid made, had performed) wholly lost: Whereupon he saith, that he is damnified, and hath damage, &c. Trin. 6. Jac.   

London. 
Promise to save harmless a Surety against a Bond.  ss. RIchard Rimwel doth complain of Charles Leonard in the custody of the Marshal, &c. For that( that is to say) That whereas the aforesaid C.( Such a day and year) at London, &c. In consideration that the aforesaid R. then and there at the especial instance and request of the same C. would become bound and obliged to one G W. by his certain Writing obligatory, in due form of Law to be made, sealed, and as his dead delivered, in twenty four pounds of lawful, &c. Yet under the condition of twelve pounds and twelve shillings of like lawful, &c. to the same Plaintiff, upon the first day of May then next following, at or in the then dwelling house of the aforesaid G. situate in, &c. by the aforesaid R. and C. or either of them to be made, did assume upon himself, and to the said R. then and there( that is to say) Such a day and year abovesaid at L. aforesaid, to wit, in, &c. aforesaid, did faithfully promise, that he the said C. the aforesaid twelve pounds and twelve shillings to the said G. upon the aforesaid first day of May, in discharge of the aforesaid Writing Obligatory would pay, and the said R. from thence afterwards, of, and concerning the Writing obligatory aforesaid, would keep and save harmless and indemnified: And the same R. in fact saith, That he giving credit to the promise and Assumption of the said C. aforesaid afterwards, to wit, the same last day of October in the year, &c. abovesaid, at L. &c. at the said instance and request of the same C. together with the aforesaid C. for the sole, mere, and proper Debt of the said C. became bound and obliged to the said G. W. by his certain Writing Obligatory, in due form of Law made, sealed, and as his dead delivered in the aforesaid twenty four pounds; yet under the condition for the payment of the aforesaid twelve pounds and twelve shillings to the same G. upon the aforesaid first day of May, in manner and form aforesaid to be made; yet the said C. his Promise, &c. not regarding, but devising, &c. to defraud, the aforesaid twelve pounds and twelve shillings to the said G. upon the aforesaid first day of May, according to the form and and effect of the Condition aforesaid hath not paid, or the same G. for the same hitherto any wise contented, nor the same R. of and concerning the writing Obligatory aforesaid, hath kept and saved harmless and indemnified, although this to do the same C. afterwards, to wit( such a day, year, and place) aforesaid by the said R. was required; by which, and for that that the aforesaid twelve pounds and twelve shillings to the said G. upon the aforesaid first day of M. according to the form and effect of the condition aforesaid were unpaid, the aforesaid G. afterwards, to wit,( in such a Term and Year) in the Court, &c. before, &c. did implead him the said R. of and upon the aforesaid Writing Obligatory of the aforesaid twenty four pounds and that plea in so much did prosecute that the same R. not onely twenty pounds of and upon the Writing Obligatory aforesaid, to the said G. was forced and compelled to pay, but also divers sums of moneys about the Defence of the svit aforesaid, was forced to expend and lay out, whereupon he saith that he is damnified, &c. H. 1. Car. 
Replevin in the Detinet and Detinuit.    

Bedford. ss. WIlliam leech, Gentleman, 
For heightening a Water-course that it overflowed and drowned the Plaintiff meadow.  one of the clerks of Robert Henly, &c. complaineth of William Ellyot, otherwise Tiffin in the custody of the Marshal, &c. for that( that is to say) that whereas the same W. L. the first day of June,( in such a year) and always afterwards hitherto was seizeed, and yet is seized, of and in ten Acres of Meadow with the Appurtenances, within the Parish of Felmersham in the County aforesaid( next adjoining to a certain River or watercourse from the time of the contrary whereof, the memory of men is not Extant, running to certain Water Mills called Stoake Mills, and to the dams called the Mill dams of the same Mills, situate within the Parish of Felmersham aforesaid, and the Parish of Bletsoe in the County aforesaid, in his Demesne as of Fee; yet the aforesaid William Ellyot, otherwise Tyffin, not ignorant of the Premises, but Devising and Maliciously intending him the said William leech of the whole profit of the aforesaid ten Acres of meadow to deprive and defraud, the day and year abovesaid, and by the space of ten moneths then next following, the Water of the River or Water-course aforesaid, at the Mills and dams aforesaid, more higher then was wont, in so much did heighten, that the Water of the River or Water-course aforesaid being so heightened more higher then was wont( over flowing the Banks of the River or Water-course aforesaid, within the Parish aforesaid) did overflow and drown the said ten Acres of meadow of him the said William leech by the time aforesaid, by which the same William leech did not onely loose the whole use and profit of the aforesaid ten Acres of meadow, by the whole time aforesaid, but also the soil of him the said William leech of the aforesaid ten Acres of meadow, by reason of the overflowing and drowning aforesaid, was very much spoiled and made worse; whereupon the same William leech saith, that he is damnified and hath damage to the value of forty pounty and thereupon he bringeth the svit, &c. H. 6. Car.   

London ss. 
A promise in cansideration of procuring one to be arrested in the Sheriffs, of L. Court.  THomas Grissin, doth complain of John Creek, in the custody of the Marshal, &c. for that( that is to say) that whereas one Edward Shilling the two and twentieth Day of F.( in such a year) at London in the parish of the blessed Mary, &c. was indebted to the said I. C. in divers and several sums of moneys, in the whole amounting to one hundred pounds of lawful, &c. And the same I. C. for the more sooner obtaining and recovery of his Debt aforesaid, then and there did greatly labour and endeavour to procure and cause the same E. S. for his Debt aforesaid, to be taken & arrested, and whereas the same I. C. afterwards,( that is to say) the same twenty first day of F. in the ninth year abovesaid at L. aforesaid, in the P. and W. aforesaid, in consideration that the aforesaid T. G. at the special instance and request of him the said I. C. would procure, and by the industry and means of him the said T. G. would cause the said E. S.( then lurking and wandring within the City of London aforesaid) to be taken and arrested at the svit of the same I. C. of and upon a certain plea of debt upon demand of the aforesaid hundred pounds, did assume upon himself and to the said T. G. then and there faithfully promise, that he the same I. C. six pounds thirteen shillings and four pence of lawful, &c. to the same T. G.( that is to say) ten shillings thereof in hand( of which said ten shillings the same T. G. doth aclowledge himself to be satisfied) and six pounds three shillings and four pence residue thereof, when thereunto afterwards he should be required, well and truly would pay and content, and the same T. G. in fact saith, that he the same T. adhering and giving credit to the promise and assumption of the said I. C. aforesaid after,( that is to say) the twenty second Day of F. in the ninth year abovesaid, in the Court of the Lord the King, before Edward Barkham, then one of the Sheriffs of the City of London, in his counter called the Poultry counter, situate in the Parish of Saint Mildred the Virgin, in the ward of Cheap in L. by the appointment of the same I. C. did levy a certain plaint against the said E. S. at the svit of the aforesaid I. C. of a plea of Debt upon Demand of the aforesaid hundred pounds, and that thereupon the same T. G. afterwards( that is to say) the same second day of F. in the ninth year abovesaid, at L. aforesaid in the P. and W. aforesaid, did procure, and by the industry and means of him the said T. G. did cause the said E. S.( then aforesaid lurking and wandring within the City of L. aforesaid) to be taken and arrested, at the svit of the same J. C. of and upon the aforesaid plea of Debt upon Demand of the aforesaid hundred pounds( that is to say) by one William Harrison, then one of the Serjeants at Mace, and Minister of the Court aforesaid, within the said City of London, which said E. S. so as aforesaid taken and arrested by the aforesaid sergeant at Mace, was brought to, and in the prison of the Lord the King, to wit in the aforesaid counter, situate in the said Parish, &c. and then and there under the custody of the said E. B. and G. S. then Sheriffs of London, was detained by virtue of the Plaint aforesaid against him the said E. S. at the svit of the said I. C. upon Demand of the aforesaid hundred pounds in the counter aforesaid so as aforesaid levied, yet the said I. his promise and assumption aforesaid, as to the aforesaid six pounds three shillings and four pence( resiadue of the aforesaid six pounds thirteen shillings and four pence) not regarding, but devising and fraudulently intending the aforesaid T. G. of the said six pounds three shillings and four pence, craftily and subtly to deceive and defraud, the same six pounds three shillings and four pence nor any parcel thereof to the said T. G. hath not yet paid, nor any wise for the same hitherto contented( although this to do, the said I C. by the said T. G. after, to wit,( Such a Day, year, and place) aforesaid was required, by which the same T. G. the whole commodity, Profit and Advantage, which he with the said six pounds three shillings and four pence, in Buying, Selling, and lawfully Bargaining might have have had and gained, if the aforesaid I. his promise and Assumption aforesaid, in form aforesaid made, had performed, hath wholly lost; whereupon he saith, &c. P. 10. Jacobi.   

glove. ss. JOhn Clutterbooke, Thomas C. and George C. 
A Promise to stand to an Arbitrement, where two did submit to the Arbitrement.  do complain of Richard Hammonds in the Custody of the Marshal, &c. For that, to wit, that whereas divers strifes and Controversies were had and moved between him the said I. C. and one W. C. and A. C. of the one part, and the aforesaid R. H. of the other part, and whereas for the pacifying and determining of the same strifes and Controversies, as well the same I. C. W. and A. as the said R. had submitted themselves to the Order and Arbitrement of G. T. Esquire M. S. T. B. and T. C. Arbitrators between them indifferently chosen, the said R. the twentieth day of O.( in such a year) at Barkley, in the County aforesaid, in consideration thereof, and in consideration of six pence of lawful, &c. by the same I. C. T. C. and G. C. to the said R. then and there paid, did assume upon himself, and to the same I. T. and G. C. then and there faithfully promise to perform the Arbitrement and Order by the same G. T. M. T. B. and T. R. thereupon to be made on his part to be performed, or the same R. would pay to the same I. T. and G. C. forty pounds of lawful, &c. when he should be thereunto required, and they the same I. T. C. and G. C. in Fact say, that the Arbitrators aforesaid,( taking upon them the charge of the Arbitrement and Order between the aforesaid I. W. and A. and of the said R. of and upon the Premises afterwards to wit, the same day and year at B. aforesaid did arbitrate and order between the same I. W. and A. and the said R. in Form following; first of all, that all Suits then Depending between the aforesaid I. W. and A. and the said R. and all causes of Controversies should wholly cease: Also the Arbitrators aforesaid, did likewise arbitrate, that the said R. H should pay to the said I. W. C. and A. five and forty shillings of lawful, &c. upon the Feast day of Saint Stephen, then next following: And they the same I. T. C. and G. C. further in Fact say, that the aforesaid R. hath not paid to the same I. W. and A. or to any of them the said five and forty sh●llings upon the aforesaid Feastival day of Saint Stephen, which to him upon the same day he ought to have paid, according to the Form and Effect of the Arbitrement aforesaid: And although the same J. W. and A. in and by all things have performed the Arbitrement and Order aforesaid on their parts to be performed, yet the faid R. his promise and Assumption aforesaid, not regarding, but devising and fraudulently intending the same I T. G. and G. C. in this be half, craftily and subtil●y to deceive and defraud, the aforesaid forty pounds to the same I. T. C. and G. C. or any of them, although this to do, the same R. by the same I T. C. and G. C. afterwards( that is to say)( such a day and year) at B. aforesaid was required, according to his promise and Assumption aforesaid hath not paid, neither for the same hitherto any wise contented: whereupon the said Plaintiffs say that they are damnified, &c.   

London. ss. 
For money due for the hire of an apprentice to be a Shipwright in a Voyage beyond Sea, and for refusing to bring him back according to promise.  JOhn coal, late of, &c. was attached to answer Henry Cooper of a plea, that whereas the same H.( Such a day and year) and ever since hitherto at London, had used and exercised, and doth use and exercise the Art or Mystery of a Shipwright, and one I. C then and yet an Apprentice of him the said H. in that Art or Mystery by three years then last past, and more, had Educated, Taught, and instructed, and him the said I. in that Art or Mystery, had rendered skilful and Expert: And whereas afterwards, to wit, the thirtieth Day of April( in such a year) the said I. C. was a Ship-Master, of a certain Ship called the George, then lying at Anchor in the Port of Rochel within the Country of France, in the Parts beyond Sea, which said Ship then was prepared, designed, and appointed, for a certain Voyage under the government of the said I. C. to be sailed made and performed from the Port of R. aforesaid unto the Country of Virginia, in the parts beyond Sea, there to be laden, and after the lading of the Ship aforesaid in Virginia aforesaid, from Virginia aforesaid, to the Port of London, under the Government of the same I. C. to be sailed and returned, the said I. C. afterwards,( to wit) the same Such a Day and Year aforesaid, at L. aforesaid in consideration that the same H. at the especial instance and request of the said I. C. would suffer the aforesaid John Cooper then and yet Apprentice of him the said H. C. aforesaid being to serve the said I. coal, in the Ship aforesaid, as Shipwright of that Ship during his voyage aforesaid, as aforesaid to be made and performed, did assume upon himself and to the same H. then and there faithfully promise, that he the said Defendant, when thereunto after the Voyage was done and performed, he should be required, would pay to the same H. for the service of the aforesaid I. Cooper, so as aforesaid bestowed, according to the rate of eight and thirty shillings, of lawful, &c. for every month, in which the same John Cooper so as aforesaid should serve the said I. coal: and also that he the same Defendant would bring back the aforesaid John Cooper, in the Ship aforesaid unto the Port of London aforesaid, as soon as the Ship aforesaid after the Voyage aforesaid performed, should come to the said Port of London, if the same John Cooper should be then living. And although the same H. upon hope of the faithful performance of the promise and assumption of the aforesaid I. coal aforesaid, did suffer the said I. Cooper to serve the aforesaid I. coal in the Ship aforesaid, during the Voyage aforesaid in Form aforesaid to be done and performed, as ship wright of that Ship: And although also the Ship aforesaid after the promise and assumption aforesaid, in form aforesaid made, from the Port of R. aforesaid, unto the aforesaid Country of Virginia did sail, and there afterwards, to wit( Such a day and year) was Laden, and after the Lading of the same, from the aforesaid Country of Virginia, unto the Port of L. aforesaid did come, and there, afterwards, that is to say( Such a day and year) abovesaid, the Voyage aforesaid had performed: And although also the same I during the Voyage aforesaid, that is to say, By the space of Eight and forty Moneths did serve the said J. coal in the Ship aforesaid, as ship wright of that Ship, and ninety one pounds and four shillings of lawful, &c. to the same H. for the Service of him the said I. Cooper aforesaid, according to the rate aforesaid, during the aforesaid time in which the aforesaid, I. C. did so serve the said I. C. in the Voyage aforesaid as aforesaid according to the promise and assumption of the said I. C. were due and payable:( and moreover although the said I. Cooper was then living and in full life) yet the said I. coal his promise and assumption aforesaid not regarding, but devising, &c. to the said H. hath not paid the aforesaid ninety one pounds and four shillings, nor the said I. Cooper in the ship aforesaid unto the Port of London aforesaid, after the Voyage aforesaid, in form aforesaid performed, hath brought back again, according to the promise and assumption of the said I. coal aforesaid, Although the said I. C. this to do, after the Voyage aforesaid, in form aforesaid performed, to wit( Such a Day and Year) and often afterwards at L. aforesaid, by him the said H. was required, but the said ninety one pounds and four shillings to the same H. or to the same, or the aforesaid J. Cooper in form aforesaid to bring back, hitherto hath always refused, and yet doth refuse, to the Damage of him the said H. of two hundred pounds, &c. And whereupon the same H. by W. C. his attorney doth complain, that whereas, &c. M. 17. Car.   

Heref. 
For rescuing of cattle taken for Reliese.  ss. Robert, Bishop of Hereford, doth complain of Richard H. Anne his wife, and J. nichols in the custody of the Marshal, &c. for that( that is to say) that whereas the said E. the first day of A.( in such a year) and long before and always after, was, and yet is seized in his Demesne as of Fee, as in right of his bishopric aforesaid, of and in the Mannor of Bromyard Foren in the County aforesaid: And that one J. S. was lately seized of and in one messsage and two Roods of Land with the appurtanances, called Newberry, lying in Grendon Bishop within the Mannor of B F. aforesaid, in the aforesaid County; and so being thereof seized, the same J. S. the aforesaid messsage and two Roods of Land with the appurtenances, did hold of the said Bishop, as of his Mannor of B. F. aforesaid, in the county aforesaid, by Fealty, and rent of 13 s. 4 d. of lawful &c. by the year, at the feasts of the Annunciation of, &c. and of Saint Michael the Archangel, by equal portions yearly to be paid; and by service of svit to be done to the Court of him the said B. of his Mannor of B. F. aforesaid, from three weeks to three weeks, upon reasonable notice, at the said Mannor of B. F. aforesaid to be held, and by relief when it should happen, of which said Rents and Services the same Plaintiff was seized by the hands of the aforesaid J. S. as by the hands of his true Tenant: And the same Plaintiff being so seized of the Mannor aforesaid, and of the rent and services aforesaid with the appurtenances, in form aforesaid: And the aforesaid J. South so of the messsage aforesaid, and two Roods of Land aforesaid with the appurtenances, in form aforesaid being seized: The same J. South( such a day and year) at G. aforesaid, within the Mannor of B. F. aforesaid dyed of such his Estate thereof seized, after the death of which said I. S. the messsage aforesaid, and the said two Roods of Land with the appurtenances to one Phillip South as son and heir of the said I. S. did descend, by virtue whereof the same P. S. was of the same messsage and two Roods of Land with the appurtenances, seized in his Demesne as of Fee, and held the same of the said Plaintiff as of his Mannor aforesaid, by the rent & services aforesaid: And because 13 s. 4 d. for the aforesaid messsage, and the aforesaid two roods of land for relief to the aforesaid Plaintiff, after the death of the said I. S. due, were behind unpaid: The same Plaintiff by one John Hill Gent. then his Bailiff of the Mannor aforesaid, one Bullock at G. B. aforesaid, within the Mannor of B. F. aforesaid, in a certain close, parcel of the said Tenements of the aforesaid P. S. then being, lying, and couching( such a day and year) did cause to be taken: And the same J. H. the Bullock in the name of distress for relief aforesaid, according to the Law and custom of the kingdom of England, within the Mannor aforesaid, would have impounded and detained: the aforesaid Defendants, the aforesaid( such a day and year) abovesaid, within the Manor of B. F. aforesaid, in the County aforesaid, by force and arms, &c. the Bullock aforesaid did rescue, and that Bullock from the same I. H. then and there did take and chase away, and other enormities to him they brought, against the peace, &c.   

ANd hereupon the same Plaintiff saith that H. C. Esq 
Challenge.  who at present is Sheriff of the County of Hereford aforesaid, and J. G. who now is one of the Coroners of the Lord the King within the County aforesaid, are Tenants of divers tythe-lands and Tenements of him the said B. within the County aforesaid, for the term of divers yeares yet to come, & this he is ready to aver, whereupon the same B prayeth the Writ of the Lord the King of Venire facias, of and for the issue aforesaid, between the same B. and the said Defendants in form aforesaid, joined to be tried, to J. Brace Gentleman, the other Coroner of the Lord the King in the County aforesaid to be directed, &c. Trin. 9. Jac.   

STafford. ss. Richard Barney Complaineth of R. D. 
For setting on a Dog to bite hogs so that they dyed.  in the custody of the Marshal, &c. of that, that he( such a day and year) by Force and arms, &c. one Bear of him the said R. B of the price of forty shillings at W. in the County aforesaid found, did chase, and then and there did set on a certain mastiff Bitch to bite the Boar aforesaid, which said Bitch by reason of that setting on did so bite the Boar, that that Boar in a short time afterwards, by reason of that biting dyed, and other Enormities, &c.   

AL. complaineth of W. S. in the custody of the Marshal, &c. 
For keeping 〈◇〉 Dog using to bite sheep.  for that( that is to say) that whereas the aforesaid W. a certain Dog accustomend to bite sheep( such a day and year) at B. in the County aforesaid, knowingly did keep and retain: which said dog the same( such a day and year) abovesaid, then being the Dog of the said W. at B. aforesaid in the County aforesaid, twenty Weathers and ten Ewes of him the said A. at B. aforesaid found, so grievously did bite, that by the bitings of the Dog aforesaid, fourteen Weathers of the aforesaid Weathers of the price of eight pounds and six shillings, and four ewes of the aforesaid ewes of the price of forty shillings then and there died, and the residue of the Weathers and Ewes were very much worse, to the damage of him the said A. sixty pounds, and thereof he bringeth svit, &c. P. 9. Jac.   

THat whereas one N. I. 
For digging a Ditch, and making a Hedge in a common path.  Gent. was seized in his Demesne as of Fee, of and in one messsage called A. in B. to which said messsage the same N. and all his Ancestors, and all those whose estate he the said N. hath in the same messsage with the Appurtenances, have had, and time of mind have been accustomend for themselves, their Farmers, Tenants, and Servants, at all times, to have a certain Way and Foot-path, leading from the said messsage beyond, and by a certain close of him the said B. in A. aforesaid, called W. next adjoining to the messsage aforesaid, as well to the Village of H. in the County aforesaid, as to a certain spring in the Close aforesaid being to have and take water thereof for the necessary use of him the said N. his Farmers, Tenants, and Servants, in the messsage aforesaid to be used and occupied, and from the Village and spring aforesaid, to the messsage aforesaid: Which said Tenements with the Appurtenances called A. the same I. C. of the said N. now holdeth: And, by three years now last past, with the licence of one I. A. by the right. of the said I. hath held, and was Farmer thereof by virtue of a certain Demise to the I. and I. for the Term of their Lives, and the longer liver of either of them thereof made, yet the said Defendant, not ignorant of the premises, but devising and intending him the said I. as well of the Way and Path aforesaid, as of the Necessary use, advantage, and profit of the spring and water aforesaid, to defraud and deprive, hath digged a certain Ditch going over the greatest part of the way and path aforesaid, between the aforesaid messsage and spring aforesaid, in the close aforesaid and upon the same ditch hath set up a certain frith, and hath ploughed up and obstructed that way, by which the same I. according to the custom used by a great time, could not profitably have the way and path aforesaid, to the use and profit of the spring and water aforesaid, to the Damage, &c. Trin. 7. jac. rot. 1918. The like, H. 7. jac. Rot. 318.   

BE it remembered that, 
Against a Sheriff for not executing a Capias ut lagat. according to his promise.  &c. For that( that is to say( That whereas the said W. formerly,( that is to say) in the Term of Saint Michael,( in such a year) in the Court of the said Keepers, &c. here( that is to say) at W. had impleaded G. L. late, &c. by the name of, &c. of a Plea, that he should render to him forty pounds, which to him he then owed and unjustly detained: And the same G. for that, that he came not before the Justices of the said Keepers, &c. at W. to answer to the said W. according to the Law and custom of this Nation, was put in the Ex●gent to be out-lawed, in the Hustings of the said Keepers, &c. in London, and by that occasion, afterwards( that is to say) on monday next after the Feasts of the Apostle P. and J.( in such a year) was outlawed: And whereas also the same W. upon the Outlawry aforesaid( in such a Term and Year) for the more speedy obtaining of his Debt aforesaid, did prosecute out of the Court of the said Keepers, &c. of the Common Bench here, a certain Writ of the said Keepers, &c. of taking the said G. so as aforesaid outlawed, to the then Sheriff of the County of M. directed, by which same Writ, the said Keepers, &c. to the said then Sheriff had commanded, That he should not omit for any Liberty of his County, but that he should take the said G. outlawed, in L.( such a Day and Year) at the svit of the said W, of a Plea of Debt, if it should be found in his bailiwick, and him should safely keep, so that he might have his body before, &c.( such a Day) to do and receive that which the Court of the said Keepers, &c. of him should consider in that behalf: And that he should have there that Writ, which said Writ the said W. afterwards( that is to say, such a Day and Year) at L. did deliver to the said E. P. then Under-Sheriff of L: Esq then Sheriff of the said County of M. being, in form of the Law to be executed: The aforesaid E. P. the aforesaid( such a Day and Year) aforesaid at L. in consideration of forty shillings to him by the said W. then and there beforehand paid, did assume upon himself, and to the said W. then and there faithfully promised, That he the same E. P. the aforesaid G. by virtue of the Writ aforesaid, before the said( such a Day) would procure to be taken and arrested, and before the Justices, &c. here, at the aforesaid( such a Day) to be had, or in default thereof, that then the same E. P. would repay to the said W. at or before the Feast of All-Saints then next following, the aforesaid forty shillings: And although the said E. P. Under-Sheriff of the said E. L. of the said County of M. being, by virtue of the Writ to the said Sheriff in form aforesaid directed( that is to say, such a Day and Year) at M. in the County of M. aforesaid, procured the said G. to be taken and arrested, yet the said E. not regarding his Promise and Assumption aforesaid, but devising and intending him the said W. in this behalf, to deceive and defraud, hath not procured the aforesaid G. to be had before the Justices, &c. here at the aforesaid( such a Day) neither hitherto hath repaid the said forty shillings to the said W. according to his Promise and Assumption aforesaid, although he was often required, but hath denied to pay to him the same and yet doth deny, to the Damage of him the said W. of forty pounds, &c. Hill. 37 Eliz. Rot. 318.   

THat whereas the same J.( such a Day and Year) was seized, 
Against a stranger for hindering a Freeholder of his Common.  and yet is seized of one messsage, &c. in K. in the County aforesaid, in his Demesn as of Fee: And whereas the same J. and all those whose Estate he the same J. hath, in the Tenements aforesaid, with the Appurtenances, time out of mind, have had and were accustomend to have Common of Pasture, in and upon a certain Pasture, containing by estimation forty Acres, called L. in K. aforesaid, for four hundred and sixty Sheep, upon the Tenements aforesaid, with the Appurtenances, lying and couching every year, at all times of the year, as to those Tenements, with the Appurtenances belonging, yet the said Defendant not ignorant of the premises, but devising him the said J. from having or receiving of his Common aforesaid, for the said four hundred and sixty Sheep, in and upon the aforesaid parcel of Pasture called L. in form aforesaid, unjustly to hinder, damnify, and defraud, that is to say( such a Day and Year) aforesaid, did put four hundred Sheep, of him the said Defendant, upon the aforesaid Pasture called L. to feed upon the Grass there then growing, and the Grass in and upon the same parcel of Pasture growing, from the aforesaid( such a Day) until( such a Day) then next following, divers Days and Times, which with the aforesaid four hundred Sheep, did eat up, tread down, and consume, whereas the said Defendant had no Common of Pasture for any Sheep in and upon the said parcel of Pasture called L. by which the same J. the profit and commodity of his Common aforesaid, in and upon the aforesaid parcel of Pasture called L. with the said four hundred and sixty Sheep, in and upon the aforesaid messsage, &c. by the time aforesaid lying and couching, in so large and beneficial manner and form, as he ought and was accustomend, by the said time could not have and enjoy; and the aforesaid four hundred and sixty Sheep of him the said J. in and upon the aforesaid messsage, &c. by the same time lying and couching in and upon the aforesaid parcel of Pasture called L. by the time aforesaid being, for want of having sufficient Pasture there, by the same time, by the occasion aforesaid, from him withheld, were very much worsted and Deteriorated, to the Damage, &c. Hill. 5 Jac. Rot. 817.  
His Action, 
Bar by licence of the owner of the Freehold to put in cattle, and traverses the prescription of Common.  &c. ought not, because he saith, That the aforesaid sixty Acres of Pasture called L. in K. aforesaid, in which, &c. are, and the aforesaid time in which, &c. were the soil and free Tenement of E. C. and J. H. and that the aforesaid E. C. and J. H. before the aforesaid time in which, &c. that is to say( such a Day and Year) aforesaid, at K. aforesaid, did give licence to the same Defendant, to put the aforesaid four hundred Sheep of him the said Defendant, into the aforesaid sixty Acres of Pasture called L. in K. aforesaid, in which, &c. to feed upon the Grass in the same then growing; by virtue of which licence the aforesaid Defendant, afterwards( that is to say) such a Day and Year, did put the aforesaid four hundred Sheep of him the said Defendant, into the aforesaid sixty Acres of Land called L. to feed upon the Grass in the same then growing and the same four hundred Sheep of him the said Defendant, were in the aforesaid sixty Acres of Pasture called L. by the same time feeding upon the Grass in the same then growing, as it was lawful for them, without this, 
Traverse the prescription.  That the aforesaid J. and all those whose Estate he the same J. hath in the aforesaid messsage, &c. from the time, and of, &c. have had, and were accustomend to have Common of Pasture in the aforesaid sixty Acres of Pasture called L. in K. aforesaid, for four hundred and sixty Sheep, upon the aforesaid messsage, &c. with the Appurtenances, lying and couching every year, at all times of the year, as to the same messsage, with the Appurtenances belonging and pertaining, as the aforesaid J. by his Declaration aforesaid, above hath supposed: And this, &c. And issue upon the Traverse, H. 5 Jac. Rot. 817.   

G. L. to answer E. S. of a Plea, That whereas the same J. E. 
For negligent pasturing· of cattle. ( such a Day and Year) had delivered thirty Oxen called Runts, to the said G. to be safe kept, and in the Pastures of the said G. in O. with Grass and Hay there to be fed and pastured, for a certain Sum of money( that is to say) &c. to the same G. by him the said E. to be paid until a certain time( that is to say) &c. now elapsed, at C. aforesaid: The aforesaid G. the Runts aforesaid, within the time aforesaid, so negligently and carelessly did keep, pasture, and feed, that seven Oxen of the said Oxen aforesaid, for want of due keeping and pasturing· aforesaid, of the said G. were lean, and much worse to the said E. to the Damage, &c. Trin. 17 Jac. Rot. 188.   

palace of Westminster: 
Trespass for carrying away hundles of Writs.  Declaration in Trespass for the Keepers of the Writs, against a clerk of the Common Bench, for carrying away divers Bundles of Writs, in perturbation of his Office, &c. M. 24 H. 6. Rot. 337.   

J. Corn, late, &c. to answer William Tricket Chirurgeon, of a Plea, 
For a Chirurgeon who provided Medicines, and the Defendant would not take them according to his promise.  That whereas the said J.( such a Day and Year) did grievously languish of a certain Disease, called the Running of the Reins, of which said Disease the same W. at the special instance and request of the said J. the said( such a Day and Year) aforesaid, had assumed upon himself, God willing, to cure the said J. in convenient and due time, respect being had to the quality of the Disease aforesaid, and the same J. then and there likewise upon himself assumed to pay to the same W. for the labour and charge of him the said W. in and about the curing of that Disease, fifty shillings, to be paid to the said W. in manner and form following( that is to say) twenty shillings thereof when the said J. should of that Disease be somewhat cured, and the other twenty shillings, residue thereof, when he the same J. of that Disease should be perfectly healed, and the same W. upon the agreement aforesaid, between them the said W. and J.( as aforesaid) had provided and compounded divers plasters, Medicines, Drinks, Cordials, Pills, and other wholesome and fit things to cure the Disease aforesaid; afterwards( that is to say, such a Day and Year) at A. aforesaid, at his proper Costs, and then and there gave notice to the said J. thereof, requiring him, that he the said J. would take the aforesaid plasters, Medicines, Drinks, Cordials, Pills, and other wholesome and fit things for the recovery of the Disease aforesaid, as was necessary to recover him the said J. of that Disease; the aforesaid J. maliciously devising, and intending craftily and subtly to deceive and defraud the same W. in this behalf, and to cause him the said W. to lose, as well his Costs and Charges aforesaid, by him, in, and about the Provision and Procurement of the aforesaid plasters, Medicines, Drinks, Cordials, Pills, and other wholesome and fit things for the recovery of the Disease aforesaid laid out and expended, in the whole amounting to twenty shillings, as for his labour and pains in this behalf sustained, afterwards( that is to say, such a Day and Year) and always hitherto at A. aforesaid; although( as aforesaid) was required, not onely hath refused to permit the same W. to use his Art of Chirurgery in curing the said J. of the Disease aforesaid, but also to pay to the said W. his Costs and Charges aforesaid, by him the said W. about the Provision and Procuration of the aforesaid plasters, Medicines, Drinks, Cordials, and other wholesome and fit things for the curing of the Disease aforesaid, in form aforesaid laid out and expended, and hath refused to satisfy the said W. for his labour in this behalf sustained, and yet doth refuse, to the Damage of him the said W. of twenty pounds, &c. P. 13 Jac. Rot. 636.   

DOth complain, 
For a Copyholder for cutting down Trees upon his customary Tenements.  That whereas the aforesaid T. T. lately was, and yet is seized of and in the Mannor of H. with the Appurtenances, in the County aforesaid, whereof one messsage called S. and eleven Acres of Land, &c. to the same messsage belonging and appertaining in H. aforesaid, are, and time out of mind were, and yet are parcel in their Demesn as of Fee, which said Tenements are, and from the whole time aforesaid were Customary Tenements of the same Mannor, and demised and demisable by Copy of the Court Rolls of the Mannor aforesaid, by the Lord of the Mannor aforesaid, or by his Steward of the Court of the same Mannor, for the time being, to any person or persons whatsoever, willing to take the same in Fee simplo, or otherwise at the Will of the Lord, according to the Custom of the Mannor aforesaid, and the aforesaid T. C. of the Mannor aforesaid, with the Appurtenances, in form aforesaid being seized, the same T. C. at the Court of him the said T. of his Mannor aforesaid, holden at that Mannor( such a Day and Year) before M. B. then his Steward of the Court of the Mannor aforesaid, by the same Steward, by Copy of the Rolls of the Court of the Mannor aforesaid, did grant to the same J. F. the Tenements aforesaid, with the Appurtenances, to have and to hold to him the said J. F. his Heirs and assigns, at the Will of the Lord, according to the custom of the Mannor aforesaid, by the Rent and Service thereof formerly due, and of Right accustomend, by virtue whereof the same J. F. into the Tenements aforesaid, with the Appurtenances, did enter, and was, and yet is thereof seized in his Demesne, as of Fee, at the Will of the Lord, according to the custom of the Mannor aforesaid. And whereas also there is, and was, had time out of mind, within the Mannor aforesaid, a usual and approved custom,( that is to say) That every customary Tenant of any customary messages, Lands, or Tenements, of the Mannor aforesaid, held by the Copy of the Rolls of the said Mannor, did cut and take, and from the whole time aforesaid, 
Custom for Fire boot and Hedge-boot.  were used and accustomend, to cut and take the Boughs of any Trees and Woods, in, or upon his said customary Lands or Tenements growing, as well for his necessary fuel in his messsage aforesaid to be burnt & spent, as to repair and amend the Hedges and Fences of the same Lands or Tenements, as often as it should be needful, and also did cut and take, and from the whole time aforesaid, have used and accustomend to take any Trees, 
Custom for Timber Trees to repair the customary Tenement.  in, and upon the same customary Lands and Tenements by the Lord of the Mannor aforesaid, in that behalf to be assigned, to repair and amend his messsage aforesaid, and other Buildings and Structures to the same messsage belonging, as often as need should be, the aforesaid T. C. J. J. and T. A. well knowing of the Premises, and intending very much to grieve him the said J. F.( such a day and year) did cut down, take, and carry away four Oaks, called Pollards, then growing, in, and upon a certain Close of Pasture, called C. containing, &c. in H. aforesaid, parcel of the customary Tenements of him the said J. F. aforesaid, and afterwards( that is to say)( such a day and year) five Ashes, in and upon the aforesaid Close of Pasture, called C. then growing, did cut down, take, and carry away, by reason whereof the same J. F. neither had, nor can have the Trees aforesaid for the necessary reparation of his messsage aforesaid, and other Edifices and Structures to the same messsage belonging, and the Boughs of those Trees for his necessary fuel in his messsage aforesaid, to be burnt and spent, or to repair and amend the Hedges and Fences of his Tenements aforesaid, according to the custom aforesaid, to the damage of him the said J. F. of twenty pounds, and thereof he bringeth his svit, &c.  
When, &c. and by Protestation, that within the Mannor aforesaid, 
The Defendant dimurs in Law.  there neither is, nor was, time out of mind, such a usual and approved custom as the said J. F. hath above, by declaring, alleged, and demurreth in Law, Trin. 12 Jac. Rot. 694.   

J. P. to answer the Mayor and Citizens of the City of Y. of a Plea, 
For arresting one within the City of York by the Sheriff of York his Bailiff, to the disiuherisin of the Liberty, &c.  That whereas the aforesaid City is an ancient City, and by the name of the City of York, is, and hath been, time our of mind, called and known; and the same City of York is, and from the whole time aforesaid, was incorporated of a Mayor and Citizens, and that within that City, and Liberties, and Franchises of the same, are, and from the whole time aforesaid, were yearly every year, two Sheriffs, which were chosen and sworn by the Mayor and Citizens of the City of York for the time being, within the Liberties, Precincts, and Franchises of the City aforesaid, of the Free men of that City, into the Office of the Sheriffs of that City, which said Sheriffs of the City aforesaid for the time being, from the whole time aforesaid, have had, and were accustomend and ought to have the return and execution of all Writs, Processes, Warrants, and Precepts, to them directed, or within the City aforesaid, and Liberties, and Precincts of the same, in any manner whatsoever to be done and executed, so that no other Minister or Officer of our Lady the Queen, or her Progenitors, Kings of England, should be suffered or permitted to execute any Writ, process, Precept, or Warrant, within the Liberty of the City and Precinct aforesaid, by the whole time aforesaid; yet the said J. &c. not ignorant of the Premises, but devising to disinherit them the said Mayor and Citizens in this behalf,( such a day and year) by reason of a certain Warrant by one J F Esq then Sheriff of the same County of York, being to them made, did enter within the City aforesaid, within the Liberty and Precinct of the Mayor and Citizens aforesaid, and then and there by reason of that Warrant, did arrest and imprison one J. B. in that City, in prison of the Cathedrall Church of P. in York, called the Ministers Garth, within the Liberty and Precinct aforesaid, to the disinrisin of them the said Mayor, the Citizens of he Franchises of the City aforesaid, and to the damage of them the said Mayor and Citizens of the City aforesaid, &c. Trin. 40 Eliz. Rot. 1011.   

AND whereupon the said W H. 
trespass upon the Case for arresting one within a Liberty, not being Bailiff of the same.  by A. B. his Attorney, doth complain; That whereas he the said W. H. ought to do the Execution of all Writs of the said now Lady the Queen, and also the Distresses, and all Attachments within his Barony of S. issuing by his Bailiffs of the Barony aforesaid: And he said W. H. and all others hitherto holding that Barony, have been accustomend to do such like Executions of all Writs of the said now Lady the Queen, and also the Distresses, and all Attachments within the Barony aforesaid, issuing by Bailiffs of the Barony aforesaid, time out of mind; yet the said W. in( such a day and year) by force and arms, &c. hath arrested one R. B. at G. within the Liberty of the Barony aforesaid, and hath so detained and imprisoned him under arrest, a long time,( that is to say) by the space of one hour, and other Enormities, &c. to the grievous damage, &c. and the hurt of his Liberty aforesaid: Whereupon he saith, that he is damnified, and hath damage to the value of twenty pounds, and thereof he brought svit, &c. H. 10 Eliz. Rot. 459.   

RObert Carew Esq to answer F. T. of a Plea, Whereas R. C. 
For erroneously prosecuting a Writ of Execution.  formerly,( that is to say) in the Term of St. hilary( in such a year) in the Court of the Keepers, &c. before them the said Keepers, commonly called the Upper-Bench, the same Court of the said Keepers, &c. at W. in the County of M. being by process there in the same Court, and by the judgement of the same Court had recovered against one R. H. and him the said F. T. four pounds for his damages which he sustained, as well by reason of a certain trespass to the said R C. by them the said R. H. and F. T. then lately done; as for his costs and charges by him about his svit in that behalf laid out: whereof the said R. H. and F. T. were convicted; the aforesaid R. C. evilly and maliciously intending, devising, and plotting, unlawfully and unjustly to grieve him the said F. T. in this behalf, and him the said F. to impoverish, afterwards,( that is to say) in the Term of Easter, that is to say,( such a day and year) maliciously, unlawfully and corruptly, without any Warrant, did prosecute, procure and obtain, out of the Court of the said Keepers, &c. at W. aforesaid, a certain Writ of Capias ad satisfac. of the said Keepers, &c. against the aforesaid F. T. for, and in the name, and at the svit of one Rich Caw, Esq and without the consent of the said Richard Caw, to the then Sheriff of the County of D. for the time being, directed, by which same Writ, the said Keepers, &c. to the said then Sheriff of D. commanded that he should take, &c. whereof he was convicted, as to the said Keepers did then likewise appear of Record, and that the said then Sheriff should have then there that Writ: Which said Writ, afterwards, that is to say,( such a day and year) by the procurement, and the instance of Robert C. unlawfully and corruptly obtained and prosecuted, at S. in the aforesaid County of D. was delivered by the said Robert C. to one O S. Knight, then Sheriff of the said County of D. in form of Law to be executed, by virtue of which said Writ, the same Sheriff, afterwards, that is to say,( such a day and year) at S. aforesaid took and arrested him the said F. and the same F. in the prison of the said Keepers, &c. in his custody in Execution for the damages aforesaid; from the aforesaid,( such a day and year) until, such a day, then next following, had and kept, until the same F. for his enlargement out of the prison aforesaid, was forced to pay the aforesaid four pounds: To the damage, &c.   

A. B. was attached to answer C. D. of a Plea, 
Against two, and one outlawed.  That whereas the same A. together with E. F. who, by the due process of the Law in Court here had, is Out-lawed, such a day and year, &c. and like mention must be made in the Declaration, Mich. 27 and 28 Eliz. Rot. 323.   

W. To answer J. Earl of Oxford, 
For Tenant for term of life against one at wit●, for cutting down Trees, to which waste was made.  and E. his Wife, of a Plea, That whereas the same Earl, and E. have and hold the Mannor of G. with the Appurtenances, for the term of the life of her the said E. the reversion thereof after the death of the same E. to the Lord the King, and his Heirs belonging, the aforesaid W. Tenant of the Mannor aforesaid, with the Appurtenances, at the Will of the same E. and E. sixty Oaks upon ten acres of Land, parcel of the Mannor aforesaid, lately growing, did cut down and carry away; by reason whereof the said Lord the King, may by his Writ of Waste, recover the places in which the Oaks aforesaid did grow, against the said E. and E. according to the form of the Statute, and his triple damages, by reason of the cutting down and carrying away of the Oaks aforesaid; to the damage of them the said E. and E. forty pounds, &c. M. 3 H. 8. Rot. 755.   

A. H. &c. to answer H. B. &c. of a Plea, 
For Rescue made upon a Writ of Latitat  That whereas one J. C. Gentleman,( such a day and year) by his certain Writing Obligatory, bearing date the same day and year, had granted himself to be bound to the said H. when he should be thereunto required, with a Condition to the said Writing Obligatory subscribed, That if the aforesaid J. C. his Executors, Administrators, or Assigns, should pay, or cause to be paid to the said H. his Executors, or Assigns, the sum of thirty pounds of lawful money of England, upon( such a day) then next following the date of the Writing aforesaid, at the dwelling House of him the said H. in B. aforesaid, then the Writing aforesaid should be voided: And whereas also the same J. C. or his Assigns, thirty pounds in the Condition aforesaid, above specified to the said H. upon the said( such a day) next following the date of the Writing aforesaid, or at any time afterwards, have not paid, nor the aforesaid sixty pounds to the said H. although after the aforesaid( such a day) the said J. C. by the same H. at B. aforesaid, was required to do the same, have rendered; and the same H. for the more speedy recovery of the said sixty pounds, afterwards,( that is to say)( such a Term and Year) did prosecute out of the Court of the said Keepers, &c. before them the said Keepers in the Upper Bench at W. in the County of M. being, a certain Writ of Latitat, of them the said Keepers, to the then Sheriff of L. directed, by which same Writ, the same Keepers &c. had commanded to the then Sheriff, that he should take the said J. C. if he should be found in his Bailiwick, and him should safely keep; so that the same Sheriff might have his body before the said Keepers, &c. in the Upper Bench at W.( such a day) then next following, to answer the said H. of a Plea of trespass, which said Writ, the same H. afterwards; that is to say, the day and year aforesaid, at B. aforesaid, to one R. O. then Sheriff of the County aforesaid, had delivered in form of the Law to be Executed: And whereas also the same R. O. afterwards, that is to say,( the day and year aforesaid) then Sheriff of the aforesaid County of L. being at B. aforesaid, had made and directed his certain Warrant in writing, sealed with the Seal of him the said R. O. to A. H. and F. H. Itenerant Bailiffs for that time onely, and by virtue of the Writ aforesaid, to him in form aforesaid directed, to the same A. and H. jointly and severally by the same Warrant had commanded, that they should take the said J. C. if, &c. And safely, &c. So that the said Sheriff might have him the said J. C. before the said Keepers, &c. in the Upper Bench at W.( such a day) then next following, to answer the said H. of the Plea aforesaid; by virtue of which Warrant, the said A. and F. afterwards, and before the aforesaid( such a day) the Return of the Writ aforesaid, that is to say,( such a day) at B. aforesaid, within the Bailiwick of the said Sheriff of L. the aforesaid J. C. had taken and arrested, and in their custody had the said A. H. afterwards, that is to say,( such a day and year aforesaid) at B. aforesaid, on the aforesaid A. and F. made an assault, and the aforesaid J. C. out of the taking and arresting aforesaid, out of the custody of them the said A. and F. aforesaid, against the Will of them the said A. and F. did take and rescue, so that the same Sheriff could not have the aforesaid J. C. before the said Keepers, &c. in the Upper Bench at W. aforesaid, that the said,( such a day) as it was commanded him: And the aforesaid J. C. after the rescue aforesaid, in form aforesaid made, hath not only withdrawn himself to places beyond the Seas; so that he could never afterwards have been, or for the future can be taken or arrested, for the said sixty pounds, or in due manner impleaded, but also in his goods and fortunes is so much impoverished, that nothing altogether remaineth to him, whereby he may satisfy the said sixty pounds, or any penny thereof, to the said H. to the damage, &c. the Defendant pleaded not guilty, H. 7 Jac. Rot. 1704.   

SMith against Wells. And whereupon the said R. 
Trover for an Administrator for goods lost in the life-time of the Intestate. ( to whom Administration of all the Goods and Chattels, which were of the said A. at the time of his death, by George, by Divine Providence, Arch-Bishop of C. &c.( such a day and year) at, &c. after the death of the said A. were committed,( by H. M. his Attorney doth complain, that whereas the said A. in his life-time, was possessed of two Oxen, of the price, &c. as of his own Oxen: And being thereof so possessed, the said A. lost those Oxen out of his hands and possession, which said Oxen, afterwards, that is to say,( such a day and year) at B. in the life of him the said A. by finding came to the hands and possession of the said T. yet the said T. knowing those Oxen to be the proper Oxen of him the said A. and to him in his life-time to pertain, and to him the said R. after the death of the said A as Administrator of the Goods and Chattels which were of the said A. at the time of his death, of Right to belong and pertain, and devising, and fraudulently intending, craftily and subtly, to deceive and defraud the said A. in his life, and him the said Administrator, after the death of the said A. the same Oxen to the said A. in his life, or to the said Administrator after the Death of the said A.( although the same T. by him the said Administrator, was often required to do the same after the death of the said A) hath not delivered, but those Oxen, afterwards, that is to say,( such a day and year) at E. aforesaid, hath converted and disposed to his own use, to the damage of him the said Administrator, twenty pounds: And in delay of the Administration of the Goods and Chattels aforesaid, and thereof, &c. And he produceth here in Court the Letters of Administration, &c. which testify the Commission of the Administration aforesaid, in form aforesaid, &c. Not guilty pleaded. P. 14 Jac. Rot. 2003.   

AND the said Defendant, 
A default in trespass and in Case.  by C. F. his Attorney, cometh and defendeth the force and injury, when, &c. and saith nothing in Bar of the said Action of the aforesaid J. by which the said Plaintiff remaineth against the said Defendant thereof undefended, for which the said Plaintiff ought to recover against the said Defendant his damages, by reason of the trespass aforesaid,( if in trespass upon the Case then by reason of the Premises) &c. but because it is unknown what damages the said Plaintiff hath sustained by reason of the trespass( or thus, by reason of the Premises) it is commanded to the Sheriff, that by the Oaths of honest and lawful men of the County aforesaid, he diligently inquire what damages the aforesaid Plaintiff hath sustained, as well by reason of the trespass,( or thus, by reason of the Premises) as for his costs and charges, by him about his svit in this behalf laid out, and the Inquisition which, &c. the Sheriff make appear here from the day of Easter, in fifteen days, under his Seal and the Seals, &c.   

R. Brooks of London, 
For scandalous words spoken of a Gar●er-Herald.  Esq to answer William Dethick, otherwise principal Garter to the King of our English Arms, That whereas the same W. is Our good, true, faithful, and le●ge man, and of generous blood, and honest name, and as Our good, true, faithful, and liege man hitherto, from the time of his Nativity, hath excellently behaved and carried himself, and of good Name, famed, Reputation, Conversation, Estimation, Credit and Dignity amongst all the Lords, Peers, and famous men of this Our Kingdom of England, and all men of Chivalry, and very many other Gentleman Our faithful Subjects, was known, called, had, and reputed, and by the whole time aforesaid hath lived and remained from any crime of falsity, deceit, forswearing, or perjury, or the least suspicion of the same, or blemish of any other wicked and hurtful crime unattainted: And whereas We by Our Letters Patents, sealed under Our Great Seal of England, bearing Date at W.( such a day and year) for the faithful and laudable services of him the said W. for Us employed, and his great experience of divers Countreys, and knowledge of divers Languages, of Our special Grace, certain knowledge, and mere motion, have required, made, constituted, ordained, created, and crwoned him the said W. into the Office of the principal King of the English Arms, and chief Officer of the Arms of famous Order of the Garter, by the name of Garter, and him the said W. in the same Office, with the style, Title, Liberties, privileges, pre-eminences, and Profits to the same Office pertaining, by the same Letters Patents, during his life, have really invested and crwoned, and the said W. yet principal King of Our English Arms, and chief Officer of the Arms of Our Order of the Knights of the Garter; And whereas the same W. D. otherwise Garter, by reason of his Office aforesaid, had and received divers stipends, fees, rewards, profits, and great benefits, as well of all the Nobles, Peers, and Lords of this Kingdom of England, as of the Knights bachelors, and divers other persons, to the honourable sustentation and supportment of his Estate, Degree, and Dignity; yet the said R. being not ignorant of the Premises, but out of his mere and evil malice, devising to hurt, detract, darken, blast, and utterly to destroy the Name, famed, Estimation, Credit, and Dignity of him the said W. and to bring him into trouble, vexation, scandal, and infamy, openly, and publicly, in the presence and hearing of very many of Our liege People at L. did say, repeat, affirm, publish, and pronounce, to one H. D. Esq brother to him the said W. these false and scandalous words following, that is to say Thy brother that is called Garter( meaning the said W.) is a perjured Knave; By name thy brother that is called Garter,( meaning the aforesaid W) By reason of the saying and pronouncing of which said scandalous and false words, the same W. is not only in his good Name, famed, Credit, Dignity and Estimation extremely damnified and hurt, amongst Our Nobles and Lords of Our Kingdom of England, but also amongst all men of the Order of Chivalry, and very many other Gentlemen, and Our faithful Subjects, with whom formerly he used duly to frequent, to the damage of him the said W. of a thousand pounds, &c.   

A. B. complaineth of C. D. and E. his Wife in the custody of the Marshall of the marshalsea of the Keepers of the Liberty of England by the Authority of Parliament, 
For scandalous words concerning murder and adultery.  before them the said Keepers, in the Upper Bench at W. being, for that, that is to say, That whereas the said E. now is a good, true, faithful, chased, and honest person of this Nation, and as a good, true, faithful, chased, and honest person of this Nation, without any unchaste, uncivil, or light carriage of life, or suspicion of the same, wholly untainted and free, hath always hitherto, from the time of her Nativity behaved her self, lived, and continued, and of good name, famed, condition, credit, conversation, repute, and behaviour,( as well towards all her Neighbors, with whom she hath so lived and continued, and other faithful and worthy Persons of this Nation, as also more especially, as a natural, careful, loving and kind Mother towards all her children, using and endeavouring with her chiefest care and diligence, by all means possible she could, for the preservation of their health and welfare) by all the time aforesaid, hath been esteemed accounted, and reputed, the fear of God always having before her eyes, and fron any kind of Felony, murder, killing, slaing, poisoning, dishonesty, incest, fornication, adultery, incontinency, light behaviour or carriage, or other such like wicked and base crime, and from the procuring of such like wickedness, or of the same in any manner whatsoever noted or suspected, by the whole course of her life hitherto free, clear, and thoroughly, and wholly unsuspected hath remained, lived, and continued: By reason whereof the said E. hath not only deservedly had and obtained the love, favour, and good will of all her Neighbours, and other faithful and worthy Persons of this Nation, but also hath kept and conserved her self, famed, opinion, estimation, repute, and all her chattels, Lands, and Tenements safe, secure, and unattainted, in no wise subject to the rigor of the Law for such like mischiefs and offences made and provided; yet the said A. B. being not ignorant of the Premises, but envying the happy estate and condition of the said E. and maliciously intending, not only to deprive her the said E. of her good name, famed, credit, estimation and repute aforesaid, and to bring and induce her the said E. into the hate and evil opinion of all her Neighbours, and other worthy Persons of this Nation, but also innocently to cause her to be brought into danger of forfeiting of all and singular her chattels, Lands and Tenements, and losing of her life,( such a day and year) at London aforesaid, to wit, in the Parish of the blessed Mary of Bow, in the Ward of Cheap in London, these false, feigned, scandalous, and opprobrious words following( then and there having speech and communication with divers faithful and worthy Persons of this Nation, and with the said E. of F. G. then deceased, late one of the children of the said C. D. and E. the now Plaintiffs) in the presence and hearing of divers of her Neighbors, and other faithful and credible persons of this Nation, then and there being present and hearing, openly, publicly, and with a loud voice did say, affirm, declare, and publish to the said E.( that is to say) Thou( meaning the said E. one of the Plaintiffs) wast the Death of one of thy Children( meaning the said F. G. deceased:) And the said A. B. out of the same malice, envy, and evil intention, afterwards, to wit( such a Day and Year) at L. aforesaid, in the Parish and Ward aforesaid, these other false, feigned, scandalous, and opprobrious words following( the said C. D. and E. having then and there before that time had two Children( that is to say) H. J. and K. L. being both then dead, of the bodies of the said Plaintiffs, C. D. and E. lawfully begotten) in the presence and hearing of divers of her Neighbors, and other faithful and worthy persons of this Nation, then and there being present and hearing, openly, publicly, and with a loud voice, did speak, declare, and publish, of the said E.( to wit) She( the said E. one of the Plaintiffs meaning) killed one of her Children( one of the said deceased Children meaning:) And the said A. B. out of the same malice, envy, and evil intention, afterwards, that is to say( such a Day and Year) at L. aforesaid, in the Parish and Ward aforesaid, the said C. D. then, and by the space of twelve years next before, being her lawful Husband, by whom she had three Children( that is to say) F. G. H. J. and K. L. then living, of the Bodies of the said Plaintiffs C. D. and E. lawfully begotten, whereof one( that is to say) the said K. L. the twelfth Day of F. in the Year of our Lord, one thousand six hundred fifty and one, and not before, at London aforesaid, in the Parish and Ward aforesaid, was born, and then brought forth into this World, this other false, feigned, scandalous, and opprobrious words following, to the said E. did say, affirm, declare, and with a loud voice publish, in the presence and hearing of divers of her Neighbors, and other credible, faithful, and worthy persons of this Nation, to wit, You( meaning the said E. one of the Plaintiffs) have played the Whore, and committed Whoredom and Adultery, within a year last past, and never a one of your Children( the Children aforesaid meaning) are your Husbands own( the aforesaid C. D. one of the Plaintiffs meaning:) Whereas in truth the said E. no murder, Felony, Adultery, or Fornication ever committed or perpetrated: by reason of the saying, speaking, affirming, publishing, and declaring of which false, feigned, scandalous, infamous, and opprobrious words, the said E. is not onely extremely hurt and damnified in her good name, famed, credit, and estimation aforesaid, amongst her Neighbors and other faithful and worthy persons of this Nation, to whom the innocency of the said E. in this part was unknown( who before the speaking and publishing of the said words, were used to keep company, consort, and have familiarity with the said E. and with her the said E. before that time used to negotiate, deal, contract, buy and sell with, but also in danger of forfeiting of all her Chattels, Lands, and Tenements, and innocently to be brought into danger of her life, as aforesaid: And thereupon her Neighbors have daily more and more refused, and yet do refuse and withdraw themselves from the company and familiarity of her the said E. whereby the said C. D. and E. say, That they are damnified, and have Damage to the value of two hundred pounds, and thereupon they bring this svit, &c. with this, That the said C. D. and E. his Wife will verify, That these words, to wit ( You were the Death of one of your Children) according to the phrase, intelligence, and common and usual acceptation of the people, dwelling, inhabiting, and residing in and about the City of London, and the County of Middlesex, do signify as much as, and are equivalent to these words( that is to say) You killed one of your Children.   

T. D. to answer J. H. of a Plea, 
For not making a Hence.  That whereas one E. P.( such a Day and Year) had demised to the said J. one messsage and one Orchard to the same messsage adjoining, called S. containing by estimation two Acres of Land, with the Appurtenances, in N. to have and to hold to the said J. from the Feast, &c. until the end and term of one whole year from thence next following, by virtue of which Demise the same J. into the Tenements aforesaid, with the Appurtenances, did enter, and was, and yet is thereof possessed, and the aforesaid T. is and long since was seized in his Demesn as of Fee, of one messsage called R. in N. aforesaid next adjoining to the said messsage called S. and the same T. and his Ancestors, and all those whose Estate he the same T. hath in the said messsage, with the Appurtenances, called R. time out of mind were used and accustomend the same messsage with the Appurtenances to enclose, and with Hedges or Ditches to fence from the aforesaid messsage called S. so that no Damage, Detriment or hurt whatsoever might any ways happen or come to occupiers of the messsage aforesaid called S. by the cattle of any one coming in, going out, or entering for want of enclosure aforesaid, yet the said T. so negligently and insufficiently hath kept the Hedges, Ditches and Fences aforesaid, and suffered the same to be unrepaired, and lye open, that not onely the cattle of others, for want of sufficient enclosure aforesaid, into the aforesaid messsage called S. upon the possession of the said J. being, oftentime did enter, and the Grass and Herbage there growing and being, did eat up and waste, but also the cattle of the said J. in the said messsage called S. being, for want of the Fences aforesaid, into the said messsage called R. did enter and escape, and the same cattle by the aforesaid T. and his Servants were beaten, and evil dealt with, and often taken and impounded, and from the aforesaid J. by a great time detained, until the same J. for that Trespass with the said T. had agreed, or by svit for the same had recovered, by which the said J. neither the profits of the Tenements aforesaid, with the Appurtenances, called S. for the hurt and devastation of others would enjoy, nor the Grass of the same Tenements, with the Appurtenances, with his own cattle to receive, nor within the same safely to contain, but often by reason of the evil enclosure aforesaid the cattle of him the said J. wandering from thence, were so strayed away, that he for a long time afterwards lost the necessary use and labour of the same, and divers manner of ways was disturbed, to the Damage of him the said J. ten pounds, &c. And whereupon, &c. doth complain. That whereas the aforesaid E. P.( as above until) and the aforesaid T. is, and long since( that is to say) by fifty years now last past, was seized in his Demesn as of Fee,( as above until) so that no Damages, Detriment, or Hurt might any ways happen or come to the Occupiers of the messsage aforesaid called S. by the cattle of any one coming in, going out, or entering, for want of Fences aforesaid, yet the said T. from the said time of the Demise made, until the Day of the issuing forth of the Writ original of him the said J.( that is to say) such a Day and Year, so negligently and insufficiently the Hedges, &c.( as above until these words) not onely the cattle( that is to say) Horses, Cows, Hogs, and Sheep, of other men, for want, &c.( as above until these words) oftentimes did enter( that is to say) every Day from the aforesaid time, of the Demise aforesaid made, until the aforesaid( such a Day) and the Grass and the Herbage, &c.( as above until these words) but all the cattle( that is to say) &c. of him the said J. in the aforesaid messsage called S. &c. to the Damage of him the said J. of ten pounds, and thereof he bringeth the svit, &c. Trin. Eliz. Rot. 1441.   

J. K. of L. Esquire, and A. his Wife, 
Upon a Custom in London for the Goods of a Citizen deceased, to be divided into three parts.  Executrix of the Testament of W. to answer T. S. and K. his Wife, Daughter of the aforesaid W. C. Citizen, Free-man, and Goldsmith of London deceased, of a Plea, That whereas within the City of London there is, and from the time of the contrary of which the memory of man is not extant, was had, such a Custom used and approved, within the same City( that is to say) That whensoever any Citizen or Free-man of that City should have a Wife and child, or Children of his Body lawfully begotten, and die a Citizen and Free-man of the City aforesaid, that all Goods and Chattels, and also Debts and Sums of moneys to the same Citizen and Freeman due, which were of such Citizen and Free man of the City aforesaid deceased, at the time of his Death, besides his reasonable and necessary expenses about the Funeral and Solemnity of the Burial of the same Citizen, and also the Debts which he owed at the time of his Death paid, which should come or pertain to the Executor or Administrator of him the Deceased, after his Death ought to be divided into three Equal parts, and by the whole time aforesaid have accustomend to be divided, whereof one part of those three parts may fall, and ought, and hath accustomend to fall to the Wife of such Citizen and Free-man Deceased, the second part thereof doth pertain, and ought, and hath accustomend to pertain to the Executor or Executors of the Testament of such Citizens and Free-man so Deceased, or to the Administrator or Administrators of the Goods and Chattels of him the Deceased, for the Health of his Soul to be distributed, and thereof to pay and fulfil his Legacies, according to the last Will of the same Deceased, or according to the Discretion of his Executor or Executors, Administrator or Administrators, as cause should require: And the third part thereof to all and singular the Children, Males and Females, of the same Citizen and Free-man so deceased( which in the Life of their Father, with the Goods of their said Father, should not be sufficiently provided) may fall, and ought to fall, according to the Custom aforesaid, any Legacy by him the said Citizen and Free-man so deceased, in his Testament to any person or persons thereof before made, to the contrary thereof notwithstanding: And although the said W. C. in his life having the aforesaid K. of his Body lawfully begotten, with the Goods of him the said W. in his Life, not sufficiently provided for, according to the Law and Custom of the City aforesaid, at L. made his Testament and last Will, and by the same hath disposed his Goods and Chattels and also his Debts to him due to divers persons, against the Custom aforesaid, and hath appointed the aforesaid A. his then Wife, his sole Executrix of his Testament and last Will aforesaid: And afterwards the aforesaid W. Citizen and Free-man of the City aforesaid, at London aforesaid dyed, having at the time of his Death, Goods and Chattels and Debts to him due, besides his reasonable and necessary expense about the Funeral of the Burial of him the said W. C. and also the Debts which the same W. C. at the time of his Death owed, in the whole amounting to the Sum of one thousand and sixty pounds, which to the hands of the said Executrix after the Death of the said W. C. came: Whereof the said, after the Death of the said W. her Father, which in the Life of him the said W. with the Goods of the said W. was not sufficiently provided according to the Custom aforesaid she ought to have the third part, to the value of five hundred pounds of the Goods and Chattels due, which were of the said W. C. Father of the said K. at the time of his Death, besides the reasonable and necessary expenses about the Funeral and Solemnity of the Burial of the said W. C. and also the Debts( which the same W. at the time of his Death owed) paid, yet the aforesaid J. and A. the said third part of her the said K. of the Goods, Chattels, and Debts aforesaid, after the death of the said W. from the said T. and K. unjustly detain, and have denied to render the same to them, not to the little damage and grievance of them the said T. and K. against the custom aforesaid, &c. And whereupon, &c. do complain, That whereas within the City of L is had, &c.( as above until these words) according to the Law and custom of the City aforesaid( such a day and year) at L.( in such a Parish and Ward) made his Testament and last Will, and by the same disposed, &c.( as above until these words) And afterwards the said W. free men of the City aforesaid,( Such a Day and Year) at L. in the Parish and Ward aforesaid, dyed, &c.( as above in the Writ until these words) and against the custom aforesaid: Whereupon they say, that they are Damnified, &c. Trin. 19. Eliz. 1447.   

T. A. Gentleman in his proper person complains of F. G. 
Against the clerk of the Errors who by colour of his Office took Extortion.  Gentleman, clerk of I. D. Knight, Chief Justice of the Court of Common Bench here, present here in Court in his proper person, for that( that is to say) That whereas the aforesaid G. by the aforesaid Chief Justice long since, was and yet is Deputy, and appointed amongst other things to receive and allow Writs of correcting of errors to the same Chief Justice from time to time directed and to remove and certify the Records and process, with all those things touching the same in which errors should happen, or should be supposed to intervene into the Court of the Queen, &c. before her the said Queen in the upper Bench at W. and to grant and make Writs of Supersedeas, of not molesting for the security or delivery out of Prison the party or parties which should prosecute such Writs of correcting of Errors taking therefore the ancient due, and of right accustomend Fees: and whereas also the aforesaid T. A.( such a day and year) was Out-Lawed at the svit of one T. S. for 50 s. which were adjudged to the said T. S. by the Discretion of the Court of the Common Bench here; for his costs and charges, according to the Form of the Statute thereof provided, for that, that in a certain Writ upon demand of eight pounds by him the said T. A. against the said T. S. in Court here exhibited, whereof he had pleaded to try the issue of the country, after the issue thereof joined, had not prosecuted, by reason of which said Outlawry, the said T. A. afterwards( that is to say)( Such a Day) then next following by a Writ of the said Queen, &c. of taking the Out-Lawed, from the Court here issuing, directed to the Sheriff of M. at W. was taken and arrested, and in the Prison of the said Queen, &c. there under the custody of him the said Sheriff, was detained; and moreover, whereas the aforesaid T. A. for having of his Liberty and for making voided of the Outlawry aforesaid, for that, that in that Outlawry manifest error intervened,( Such a day and year) did prosecute out of the Court of Chancery of the said Queen, &c. at W. a certain Writ of correcting the Errors, to the said chief Justice directed, to remove and certify the Record and process aforesaid of that Outlawry, with all things touching the same, into the Court of the said Queen, &c. before, &c at W. at a certain day in the same Writ specified, which said Writ of error( the same day and year) was delilivered to the said E. at W. aforesaid, and whereas also the Fees of ancient due, and of right accustomend by the said T. A. to the same G. to be paid, do not exceed the Sum of two shillings and six pence of lawful Money of England, yet the said G. machinating and intending very much to grieve him the said T. A. by colour of his Office, and in the name of his Fees aforesaid, did require of the same T. A. for allowing of that Writ of error, and other things touching the same to be granted and done, thirty seven shillings of lawful money of England, and the said G. wholly refused to allow that Writ of Error, and to grant and deliver a Supersedeas to the same T. A. of not molesting him thereof for his delivery out of Prison, in which he was so detained by reason of the premises( the aforesaid thirty seven shillings being not paid to him the said G.) by which the same T. A. for want of the said Writ of Supersedeas was detained in the Prison aforesaid, until the same T. A. had satisfied the aforesaid G. of the aforesaid thirty seven shillings by him for the cause aforesaid exacted, to the damage of him the said T. A. of twenty pounds, and thereof he prayeth remedy, &c. Pledges of prosecuting J. D. and R. R. See the like against a Sheriff, Easter Term. 38. Eliz. Rot. 1608.   

Matthew R. a foreign Merchant complaineth of C. H. a foreign Merchant in the custody of the Marshal, 
Upon a Bill of Excha●ge after acceptance, &c. prom●se paym●nt.  &c. for that( that is to say) that whereas one L. R. being a foreign Merchant in Antwerp, in the parts beyond the Sea, according to the custom of Exchange amongst Merchants used, had lately delivered to one Daniel R. to the use of him the said D. sixteen pounds sterling, then of the value of sixteen pounds of lawful money of England, of the goods and chattels of him the said Luke Reymond, with that intention that the said Charles then being Factor of him the said Daniel, should pay to the aforesaid Matthew in England, sixteen pounds of lawful money of England, within eight dayes next after the sight of a certain Bill of Exchange, by him the said Daniel made, and to the same Charles directed. And whereas also there is, and from the time of the contrary whereof, the memory of men is not extant, there hath been such a custom within the kingdom of the Lord the King now of England between English Merchants, or foreigners and their Factors or Servants used and approved, that if any Merchant or Merchants aforesaid, or their Factors or Servants, being in the parts beyond Sea without the aforesaid kingdom of England should deliver to any person in the same parts beyond Sea being, any sum of moneys to be paid by any person in the same kingdom of England being by Bill or Note of Exchange thereof made, should so accept and subscribe from the whole time abovesaid, was chargeable and hath been accustomend to be chargeable, to pay the said sum of moneys to such person as by the same Bill or Note of Exchange should be limited and expressed to be paid: And whereas the same D. for the payment of the said sixteen pounds, according to the custom of Exchange aforesaid between Marchants used, by a certain Bill, or Note of Exchange, bearing date in Antwerp aforesaid, the eighteen day of August in the year of our Lord, 1605. according to the computation of England, and with his proper hand subscribed, and to the said C. H. directed had requested the same Charles to pay upon the sight of the same Bill of Exchange to the said Matthew, by the name of Matthew Reuse, the sum of sixteen pounds of lawful money of England, for the value thereof there received of the said L. Reymond a foreign Merchant: And whereas also the same Matthew Reuse, afterwards( that is to say) the sixth day of September, in the year of our Lord, 1605. aforesaid, at London in the Parish of the blessed Mary of Bow, in the Ward of Cheap in London the aforesaid Bill or Note of Exchange to the said Charles then being Factor of the said D. in England, did show the same Charles, upon the sight of the same Bill, then and there did accept that Bill, and the same with his proper hand did subscribe, according to the custom between Merchants used, and thereupon the same C. then and there in consideration of the premises, did assume upon himself, and to the same M. Reuse then and there faithfully promise that the same C. the same sixteen pounds of Lawful money of England to the same M. R. within eight dayes then next following, well and truly would pay and content, yet the said C. his promise, &c. but devising, &c. the aforesaid sixteen pounds to the same M. R. hath not yet paid, nor any wise for the same contented, although the same C. afterwards( that is to say) the one and twentieth day of S. then next following, and often afterwards, at London aforesaid, &c. by him the said M. was required, but the same to him hitherto to pay hath always refused, and yet doth refuse, the Damage, &c.   

Surrey ss. ROger Tompson Gent. and Barbara his Wife, 
A promise in consideration of a Marriage by an Executrix.  Executrix of the Testament and last Will of Richard Saker lately her Husband deceased, do complain of Edward Drake Gent. in the custody of the Marshall. &c. for that( that is to say) that whereas( Such a day and year) at Reygate in the County aforesaid, a certain conference and discourse was had and moved, between the aforesaid E. and the aforesaid R. in his life, of, and concerning a marriage between the same R. and the aforesaid B. then Servant and Kinswoman of him the said E. to be had and solemnized: Upon which said conference and discourse, the same E. then and there, in consideration that the aforesaid R. at the special instance and request of him the said E. would take to his Wife the aforesaid B. and the same according to the Ecclesiastical Rites of this Kingdom of England would espouse, did assume upon himself, and to the said R. did then and there faithfully promise, that he the same E. ten pounds of lawful money of England, one Heifer and two pigs, to the same R. his Executors or Administrators, when thereunto( after the marriage of them the said R. and B. had and solemnized) he should be required, well and faithfully would pay, give and deliver: And the same Roger and B. in fact say, That the said Richard in his life, to the promise and Assumption aforesaid of the said E. giving credit, afterwards, that is to say( Such a Day and Year) at R. aforesaid, in the County aforesaid, took to his Wife the aforesaid B. and the same B. according to the Ecclesiastical Rites of this Kingdom of England, then and there did espouse( yet the said) E. his promise Assumption aforesaid in no wise regarding, but devising and fraudulently intending the said Richard in his life, and the aforesaid B. after the death of the said Richard whilst she was sole, and the aforesaid Roger and B. after espousals between them celebrated, in this behalf craftily and subtly to deceive and defraud, the aforesaid ten pounds, and the aforesaid Goods and Chattels, or any parcel thereof to the said R. in his life, or to the said B. after te death of the said, R. whilst she was sole, or to the said Roger and B. after espousals between them celebrated or to any of them hath not as yet paid or delivered, or any wise, them or any of them for the same hitherto contented( although this to do the said E. by the said Richard in his life, after the marriage aforesaid of them the said Richard and B. had and solemnized, that is to say( Such a Day and Year) at R. aforesaid in the County aforesaid: And by the aforesaid R. and B. after espousals between them celebrated, that is to say( Such a Day and Year and Place) aforesaid in the County aforesaid was required) by which the same Roger and B. the whole gain, commodity, and profit, which they with the aforesaid ten pounds, and Goods and Chattels aforesaid, by buying, selling, and lawfully bargaining, might have had and gained( if the said E. his prom se and Assumption aforesaid to the said Richard in his life, in form aforesaid made to the same Roger and B. had performed) have wholly lost, in retarding of the execution of the Testament of the said Richard aforesaid: And to the Damage of the said Roger and B. twenty pounds: And thereof they bring svit, &c. And they produce here in Court the letters Testamentary, &c. by which, &c. And thereof to have Administration, &c. Mich. 18. Jacobi.   

LOndon ss. George Whitmore Citizen and Alderman of London, 
Case by the survivor of two Merchants whose Factor paid money beyond Sea to a Merchant who gave two Bills of Exchange for receipt in London, and the Bill is protested. 22 l. Hambrough money delivered in Germany. custom amongst Merchants.  complaineth of Richard Hunt Esquire in the custody of the Marshal, &c. For that( that is to say) that whereas the twenty fourth day of A.( in Such a Year) one William Windover then Factor of him the said G. and one Thomas Whitmore now deceased, and then residing in stood in the parts beyond Sea, according to the custom between Merchants used, had delivered to the said R. H. two and twenty pounds ten shillings of current Hamburge money in stood aforesaid of the value of one hundred fifty pounds sterling, of the proper moneys of the aforesaid G. and T. with that intention that one William Turner then residing in L. aforesaid, should pay to the said G. and T. then residing in London aforesaid, the aforesaid one hundred and fifty pounds sterling at double usance( that is to say) at the end of two Moneths from thence next following, and whereas there is, and from the time of the contrary, whereof the memory of men is not extant, there was such a custom between English and foreign Merchants and their Factors and Servants used and approved, that if any Merchant or Merchants, or their Factors, being in the parts beyond Sea, should deliver to any other person being in the parts beyond Sea any Sum of moneys to be paid by any other person in the City of London in the Kingdom of England by Bill of Exchange thereof made, and directed to such person, by whom the same Sum should be paid at double usance, and such Merchant to whom such sum in the said Bill of Exchange specified, should be limited to be Paid, or any other at the request of any servant of such Merchant or Merchants within the time limited for the payment of such Bill of Exchange should come to the usual dwelling house of such person to whom the said Bill of Exchange should be so directed, to show such person to whom that Bill should be so directed, the aforesaid Bill of Exchange, and to require the same person to accept such Bill of Exchange, and if such person, to whom the said Bill of Exchange should be directed, should not then be remaining at his said usual dwelling House in the City of London, but absent himself from the City of LONDON aforesaid, not leaving there any person to accept the Bill of Exchange aforesaid, and thereupon that Bill should be protested, according to the use of Merchants, then in such case, such person which should so make such Bill of Exchange from the whole time aforesaid, 
For the maker of the Bill to pay in default of acceptance.  was chargeable and ought to be chargeable to such Merchant, to whom such Sum in such Bill of Exchange specified, should be limited to be paid, to pay to such Merchant to whom the same Bill of Exchange should be limited to be paid such sum of money in such Bill of Exchange Specified, if such person to whom the Bill of Exchange should be so directed, such sum of moneys in Such Bill of Exchange specified to Such Merchant to whom the same by Such Bill of Exchange should be limited to be paid within the time in the same Bill of Exchange for payment thereof limited should not pay: And whereas the aforesaid R.H. upon the receipt of the two and twenty pounds ten shillings of Hamburgh money as aforesaid the aforesaid( Such a day and year) at stood aforesaid in the parts beyond Sea for the consideration aforesaid according to the Use of Merchants, had delivered to the aforesaid W. W. two Bills of Exchange, with the proper hand and name of him the said R. H. subscribed, and to the said W. T. Merchant in L. directed, requiring and appointing the aforesaid W. T. by the first of the same two Bills of Exchange, that second Bill not being paid, to pay to the said George, W. H. and T. H. W. H. or the bearer of the aforesaid Bill, one hundred and fifty pounds at double usance( that is to say) at the end of two months then next following, and requiring and appointing the aforesaid W. T. by the second Bill of Exchange of the same two Bills of Exchange( the aforesaid first Bill of Exchange not being paid) to pay to the said G. W. H. and T. Whitmore, or to the bearer of the said Bill of Exchange, one hundred and fifty pounds at double usance,( that is to say) at the end of two moneths then next following, the aforesaid R. after, to wit, the same fourth day of May, one thousand six hundred and ten aforesaid, at L. aforesaid, in the Parish, &c. 
Promise in Law.  in consideration of the Premises, did assume upon himself, and to the aforesaid G. W. and T. W. in the life of him the said T. W. did faithfully promise, that if the aforesaid Bills of Exchange, or either of them, for want of not acceptance thereof by the aforesaid W. T. should be protested, according to the use of Merchants, or if the aforesaid W. T. the aforesaid one hundred and fifty pounds to the aforesaid G. W. and T. W. should not pay in the end of two moneths, then he the said R. H. the same one hundred and fifty pounds to the aforesaid G. and T. W. would well and faithfully content and pay: And he said G. in fact saith, That afterwards and within the aforesaid time in the aforesaid Bills of Exchange for payment of the aforesaid one hundred and fifty pounds limited, to wit( Such a Day and Year) one D. L. Notary public, then resident in L. aforesaid, at the request of one R. D. 
Request at the dwelling house of him to whom the Bill is.  Servant of the aforesaid G. W. came to the usual dwelling house of the aforesaid W. T. then situate in B.( that is to say) in the aforesaid Parish, &c. to show to the aforesaid W. T. the aforesaid first Bill of Exchange of the aforesaid two Bills of Exchange, & to require him the said W. T. to accept the said first bill of Exchange according to the use of Merchants, and that the aforesaid W. T. then was not resident at that house, but absent in the country from the City of L. aforesaid, not leaving any person there who might accept that Bill: Upon which the aforesaid G. and T. after, and within the aforesaid two Moneths, to wit the aforesaid( Such a Day and Year) according to the use of Merchants at L. aforesaid, 
He being absent the Bill is protested.  in the Parish and Ward aforesaid, did protest that Bill, for not acceptance thereof by the aforesaid W. T. And further he the said G. saith, That the aforesaid W. T. in the end of the aforesaid two months, the aforesaid one hundred and fifty pounds to the aforesaid G. and T. W. or either of them he hath not paid, or in any manner for the same hitherto given content; yet the aforesaid R. little regarding his promise and assumption aforesaid, but plotting and fraudulently intending the aforesaid G. and T. W. in the life of him the said T. W. and the aforesaid G. after the aforesaid T. his Death, craftily and subtly to deceive and defraud, the aforesaid one hundred and fifty pounds to the aforesaid G. and T. W. in the life of the said T. or to the aforesaid G. after the Death of the aforesaid T. or to either of them, hath not as yet paid, nor in any manner hitherto for the same, given content, although he the said R. to do it by the aforesaid G. after the Death of the aforesaid T. W. to wit( Such a Day Year and place) was required, by which he the said G. W. the whole Profit, gain, and Advantage, which he with the aforesaid one hundred and fifty pounds( if the aforesaid R. T. had well and faithfully performed his promise and Assumption aforesaid) by Buying, Selling, and Lawfully Bargaining, might have Had and Gained, hath now Totally Lost, and is deprived of; whereupon the said G. saith, That he is Damanified, and hath Damage to the value of three hundred pounds, and thereupon he brings his svit, &c.    

Warranty of dead,  
E. Elton was Summoned to answer H. Bright, clerk, of a Plea, 
Warranty of dead upon a Fine.  that he warrant to him three messages, &c. with the Appurtenances in C. which he holdeth, and claimeth to hold from him, and whereupon he hath his dead, &c. And whereupon the said H. by J. W. his Attorney saith, That whereas a certain fine was levied in the Court of the King, &c. here( that is to) at W. from the day of Saint hilary, in fifteen dayes( in Such a Year) before H. Hobart, P. W. and H. W. then Justices of the Common Bench here( that is to say) at W. and other faithful persons then being present, between him the said H. Plaintiff, and him the aforesaid E. and one Johan then his Wife, and R. H. Deforceants of the aforesaid three messages, &c. with the Appurtenances, whereof the Plea of Covenant was summoned between them in the same Court( that is to say) that the aforesaid E. and I. and R. did aclowledge the aforesaid Tenements with the Appurtenances, to be the right of him the said I. as those which the said H. had of the gift of the aforesaid E. and I. and R. and the same they remised and quiter claimed, and from them the said E. & I. & R. and their Heirs to the aforesaid H. and his Heirs for ever: And moreover the said E. granted for him and his Heirs, that they would warrant the aforesaid H. and his Heirs, the aforesaid Tenements with the Appurtenances, against all men for ever: By virtue of which Fine, the said H. was seized of the Tenements and Rent aforesaid with the Appurtenances, in his Demesne as of Fee, and he the said H. being so thereof seized, one I. D. arrayed against him the said H. a certain Assize of Novel Disseizin, of the Tenements and Rent aforesaid with the Appurtenances, before P. Warburton Knight, one of the Just ces of the Common Bench, and R. C. one, &c. Justices assigned to take Assizes in the County aforesaid, which said Assize depending, he the said H. often required the aforesaid E. that he would warrant to him the Tenements aforesaid with the Appurtenances, yet the said E. hitherto hath denied to warrant to the said H. the Tenements and Rent aforesaid with the Appurtenances, and yet doth deny, whereupon he saith that he is the worse, &c. 
The Defendant acknowledgeth the Action.  And the aforesaid E. by J. F. his Attorney, cometh and defendeth the force and injury, when, &c. And saith, that he cannot deny the aforesaid Action of the said H. neither, but that the writing aforesaid is the dead of him the said E. neither, but that he did give and grant by that Writing to the said H. and his Heirs, the Tenements aforesaid with the Appurtenances, neither but that he by that Writing is held to warrant to the said H. the Tenements aforesaid with the Appurtenances, in the form in which the said H. above hath declared against him: Therefore it is considered of, that the said E. warrant to the said H. the Tenements aforesaid with the Appurtenances for the place and time, and nothing of being in mercy of him the said H. because he came the first day by summons, &c.   

Waste.  
Wiltshire ss. ANthony Ashley Knight and Baronet, 
A Declaration in Waste brought against Tenant for years. Hil. 2 Car. Rot. 588.  was summoned to answer William earl of Salisbury, of a Plea, wherefore, whereas by the common-council of the Realm of our Lord the King of England, It is provided that it shall not be lawful to any to make Waste, Sale, or Destruction of Lands Houses, Woods or Gardens to him demised for term of life or years, he the said Anthony of Houses in Damerham, which he held for term of years, by the Demise of the aforesaid earl, hath made Waste, Sale, and Destruction, to the dis-inheritance of him the said Earl, and against the form of the Provision aforesaid: And whereupon the same Earl by Edward hid his Attorney, says, That whereas he himself was seized of one messsage, called, Ballesborough Farm-house, with the Appurtenances, in Damerham aforesaid, in his Demesne, as of Fee, and being so thereof seized,( such a day and year) at D. aforesaid, did demise the messsage aforesaid, with the Appurtenances( amongst other things) to the aforesaid Anthony, to have and to hold to him the said Anthony, and to his assigns, from the Feast of Saint Michael the Arch-Angel then last past, unto the end and term of twelve years from thence next following, fully to be complete and ended: By virtue of which Demise, the said Anthony, into that messsage, with the Appurtenances, did enter, and was thereof possessed, and so being thereof possessed, the same Anthony made waste, sale, and destruction, in the messsage aforesaid, with the Appurtenances, of Houses, that is to say, by throwing down two Barns, either of them of the price of 20 pounds, parcel of the messsage aforesaid above demised, and two Houses, 
Waste in throwing down Barns and out-houses.  called Out-houses, each of them of the price of eighty shillings, in like manner parcel of the messsage aforesaid above, as aforesaid demised. And the Timber of the same Barns and Houses so thrown down, taking, burning, and selling, to the dis-inheritance of him the said Earl, and against the form of the Provision aforesaid: Whereupon he faith, that he is damnified, and hath damage to the value of one hundred and fifty pounds, and thereupon he bringeth svit, &c.  
And the aforesaid Anthony, by John daws his Attorney, 
No waste done.  cometh and defendeth the force and injury, when, &c. And whatsoever, &c. And by protestation that the aforesaid two Barns and Out-houses were not parcel of the messsage aforesaid to him the said Anthony, by the aforesaid Earl in form aforesaid demised, by protestation also, that the same Barns and Out-houses, were not of so much value, as the said Earl by his Declaration aforesaid, hath above supposed: For Plea he saith, That he hath made no waste, sale, or destruction, in the messsage aforesaid, as the aforesaid Earl hath above against him declared: And of this he puts himself upon the country; and the aforesaid Earl in like manner; therefore command is given to the Sheriff, that he cause to come here in eight days, after the Purification of the blessed Virgin Mary, twelve, &c. By whom, &c. and who neither, &c. To recognise, &c. Because as well, &c.  

J. F. was summoned to answer R. A. and T. his Wife, of a Plea, 
Waste by the Heir in Tail against Tenant for life.  wherefore, whereas by the common council of the Realm of our Lord the King of England, it is provided, That it shall not be lawful for any to make waste, sale, or destruction of Lands, Houses, Woods, or Gardens, to him demised for term of life or years, the same J. of Lands, Houses, Woods and Gardens, in C. which he holdeth for his life, of the aforesaid R. A. by virtue of a Feoffment, which W. T. the elder after the fourth day of February, in the twenty seventh year of the Reign of our Lord King Henry the eighth, thereof made to J. H. and H. C. and their Heirs, to the use of the aforesaid W. for term of his life, and after his decease, to the use of the aforesaid J. F. for term of his life, and after the decease of him the said J. F. to the use of the Heirs of the body of E. late Wife of the same J. F. mother of the aforesaid T. whose Heir she is, have made waste, sale, and destruction, to the disinheritance of him the said T. and against the form of the Provision aforesaid, &c. And whereupon they the said R. and T. by J. C. their Attorney, 
W. P. seized in Fee.  say, That whereas the aforesaid W. P. was seized of one Barn, and twenty acres of Land, called H. with the Appurtenances, in C. aforesaid, in the County aforesaid, in his Demesne, as of Fee, and so being thereof seized, after the aforesaid fourth of February, in the twenty seventh year of the Reign of our aforesaid Lord, late King Henry the eighth, to wit, the eighth day of July, in the year of our Lord One thousand five hundred seventy seven, 
Makes a Feoffment to the use of himself for life, remainder to the Defendant for life, remainder in ●ail.  of the same Tenements with the Appurtenances, did Infeoff the aforesaid J. H. and H. C. to have and to hold to them the said J. H. and H. C. and their Heirs for ever, to the use of the aforesaid W. P. for term of his life, without impeachment of Waste, and after his decease, to the use of the aforesaid J. F. for term of his life, and after the decease of the said J. F. to the use of the Heirs of the body of E. lately the Wife of the said J. F. mother of the aforesaid T. begotten; and for default of such Issue, to the use of the right Heirs of the aforesaid W. for ever: By virtue of which said Feoffment, and by force of a certain Act in Parliament, of our aforesaid Lord, King Henry the eighth, at Westminster, in the County of Middlesex, the aforesaid fourth day of February, in the Reign of the same late King Henry the eighth, the twenty seventh aforesaid, of transferring uses into possession there held and published, the aforesaid W. P. was seized of the Tenements aforesaid, with the Appurtenances, in his Demesne, as of Free-hold, for term of life of him the said W. without impeachment of Waste: And the same W. being so thereof seized, the remainder thereof to the aforesaid J. F. for term of his life, the remainder thereof further, as is above limited, in form aforesaid belonging: 
F●●ffor diet V,  The same W. P. afterwards, at C. aforesaid, died of such his Estate seized, after whose death, the same J. F. in the Tenements aforesaid, 
Defendant enters for life.  with the Appurtenances, as in his remainder aforesaid, did enter, and was thereof seized in his Demesne, as of Free-hold, for term of life of him the said J. F. 
Remaind●● in tail to the Pliantiff the Wise.  the remainder thereof further to the aforesaid T. Heir of the body of the aforesaid 〈◇〉. late Wife of the same J. F. mother of her the said T. in form aforesaid belonging: And the aforesaid J. F. of the Tenements aforesaid so being seized, and the aforesaid T. so of the remainder aforesaid being seized, the same T. after, at C. aforesaid, took to Husband the aforesaid R. A. by which, 
Enter marriage.  they the said R. and T. in right of her the said T. were seized of the remainder thereof, in their Demesne, as of Fee-Tail, that is to say, to her the said T. and the Heirs of her body issuing, and they the said R. and T. so being thereof seized, and the aforesaid J. F. of the Tenements aforesaid, with the Appurtenances, in form aforesaid being seized, the same J. F. made waste, sale, 
Waste in Lands in digging.  and destruction of the Land,( that is to say) in digging in the aforesaid twenty acres of Land, called H. ten load of Gravel, the price of each load thereof six pence, ten load of day, the price of each load thereof twelve pence, and ten load of Sand, the price of each load thereof twelve pence; and by taking and selling the same Gravel day, and Sand: And also of the Houses, 
In Houses, by permitting Barn to lye uncovered. ( that is to say) by permitting the Barn aforesaid to stand and be uncovered, by which the great Timber of the said Barn, of the price of twenty pounds, by tempest of Rain descenuing upon them, became rotten and corrupt: And the same Barn, by reason of the corruption, was by ruin demolished: And also of the Woods,( that is to say) by digging up by the roots ten Oaks, 
In woods.  the price of each of them three shillings and four pence in the aforesaid twenty acres of Land, with the Appurtenances, called H. lately severally growing, and by taking and selling the same Trees, to the dis-inheritance of her the said T. and against the form of the Provision aforesaid, whereby they say. They are damnifi●d, and have damage to the value of an hundred pounds, and thereupon they bring their Action, &c.  
And the aforesaid J. F. by T. L. his Attorney, 
No waste committed.  comes and defends the force and injury, when, &c. and whatsoever, &c. and says, That he made no Waste, sale, or destruction of the Lands, Houses, and Woods aforesaid, with the Appurtenances, as the aforesaid R and T. by their Writ and Declaration aforesaid, have above supposed, and of this he puts himself upon the country, and the aforesaid R. and T. in like manner; therefore command is given to the Sheriff, that he cause to come here twelve, &c. And in the mean time, &c.   

AND the aforesaid Defendant, by J. P. his Attorney, 
Pasc. 19 Eliz. Rot. 1315. The Defendant pleads, that the houses were out of repair at the time of the demise, so far as that they could not be repaired.  comes and defends the force and injury, when, &c. And whatsoever, &c. And saith, That the Plaintiff ought not to have his Action aforesaid against him, because he saith, That at the time of the Demise aforesaid made the Timber of the Houses aforesaid, for want of reparations, became so weak and rotten, that the same Houses, for the weakness and rottenesse of the Timber, could not be covered; and this he is ready to aver, whereupon he preys judgement, whether the aforesaid Plaintiff ought to have his Action aforesaid, against him, &c.  
And the aforesaid Plaintiff says, 
The Plaintiff replies that they were sufficiently in repair at the time of the demise.  That he by any thing before alleged, ought not to be debarred from having his Action aforesaid, because he saith, that at the time of the Demise aforesaid made, the Houses aforesaid were sufficiently covered and repaired with strong Timber, and afterwards by him the said Defendant wasted, as the same Plaintiff by his Writ and Declaration aforesaid, hath above supposed, and this he preys may be enquired of by the country, and the aforesaid Defendant in like manner; therefore command is given to the Sheriff, that he cause to come twelve, &c.   

AND the aforesaid Defendant, 
Pasc. 19 Eliz. Rot. 341. The Defendant pleads by Protestation, no Waste for Pl●a that the Plaintiff hath nothing in Rev●●sion.  by J. P. his Attorney, comes and defends the force and injury, when, &c. and whatsoever, &c. and saith, That the Plaintiff ought not to have his Action aforesaid against him, because he saith by protestation, that he made no waste, sale, and destruction of the Tenements aforesaid, with the Appurtenances, as the aforesaid Plaintiff by his Writ and Declaration aforesaid, hath above supposed; for Plea he saith, That the aforesaid Plaintiff hath nothing in Reversion of the Tenements aforesaid, with the Appurtenances, nor had any thing in the same Reversion at the day of the issuing forth of the original Writ of him the said Plaintiff,( such a day and year) nor at any time after, and this he is ready to aver; whereupon he preys judgement, whether the aforesaid Plaintiff ought to have his Action aforesaid against him, &c.  
And the aforesaid Plaintiff says, 
Issue upon the Reversion in the Plaintiff.  That he by any thing before alleged, ought not to be debarred from having his action aforesaid, because he saith, That the aforesaid day of the issuing forth of the original Writ aforesaid of him the said Plaintiff, the Reversion of the Tenements aforesaid, with the Appurtenances, to him the said Plaintiff, did belong, and to him do belong, and this he preys may be enquired of by the country, and the aforesaid Defendant in like manner, therefore command is given to the Sheriff, That he cause to come here twelve, &c.   

C. W. and J. his Wife, 
Waste against Tenant in Dower.  were summoned to answer J. T. of a Plea, wherefore they have made waste, sale and destruction of Lands, Houses, Woods and Gardens, which they hold in dowry of her the said J. of the Inheritance of the aforesaid J. T. in S. to the dis inheritance of him the said J. T. &c. And whereupon the said J. T. by J. P. his Attorney, says, That whereas the aforesaid C. and J. hold one messsage, &c. with the Appurtenances, in S. aforesaid, as the dowry of her the said J. of the endowment of one A. T. in times past, her Husband, of the Inheritance of him the said J. T. they the said C. and J. have made waste, sale, and destruction, that is to say, by filling up with earth, one Ditch, containing one hundred Perches, 
Filling up a Ditch.  each Perch of the price of twelve pence, compassing about a certain Close of Pasture, called H. lying in a certain place called F. parcel of the Tenements aforesaid, in dowry as aforesaid, held of the Houses also,( that is to say) by permitting one Hall of the price, &c. 
In Houses. ( as before in others) and also by pulling up, burning and selling thirty Boards, fixed in the Stable aforesaid, of the price, &c. And also by throwing down two walls of the Hall aforesaid, of the price, &c. By which the same Hall, Stable, kitchen, and Cow house became destroyed by ruin, and the said Barn remains now cast down to the ground, of the Woods, 
In woods. ( that is to say) by cutting down and pulling up by the roots an hundred Perches of quick Hedges, the aforesaid Close of Pasture, called C. including, the price of each Perch, twelve pence, of the Gardens also,( that is to say) by cutting down in one Garden, parcel of the Tenements aforesaid in dowry, 
In Gardens.  as aforesaid held, two Apple-trees, the price of them, &c. to the dis-inheritance of him the said J. T. whereupon he saith, that he is damnified, and hath damage to the value of sixty pounds, and thereupon he bringeth svit, &c.  
And the aforesaid C. and J. by F. G. his Attorney, cometh, 
The Defendant pleads to the filling up the Ditch.  and defendeth the force and injury, when, &c. And as to the first Waste, in filling up with earth the aforesaid Ditch, containing an hundred Perches compassing about the aforesaid Close of Pasture, called C. above supposed to be done, they the said C. and J. say, That the aforesaid T. ought not thereof to have his Action aforesaid against them, because they say, That the Ditch aforesaid, 
That it was full at the husbands death.  at the time of the death of the aforesaid A. T. in times past her Husband, for want of scouring and cleansing of the same Ditch, was filled full of earth, and this they are ready to aver, whereupon they pray judgement, &c. And as to the aforesaid waste, in permitting the aforesaid Hall, kitchen, Barn, Stable, and Oxe-room, to stand and be uncovered, above supposed to be done, they the same C. and J. say, 
That the housing was ruinous at his death.  that the aforesaid T. ought not thereupon to have his Action aforesaid against them, because they say, that at the time of the death of the aforesaid A. T. the Hall, kitchen, Stable, and Cowhouse aforesaid, for want of covering, were ruinous, and out of repair, and the Timber of the Barn aforesaid, for want of reparations, was so weak and rotten, that the same Barn for the insufficiency of the Timber aforesaid, for want of covering, within six months after the death of the aforesaid A. fell down, and now lies prostrate to the earth, and this likewise he is ready to aver, whereupon they pray judgement, &c. And as to the aforesaid waste in pulling down the walls of the Hall aforesaid, and plucking, burning, and selling the aforesaid Boards, fixed in the Stable aforesaid, and cutting down, and selling in the aforesaid Close of Pasture, called C. the aforesaid two Ashes, and cuttting down and plucking up the aforesaid hundred Perches of quick Hedges, compassing the aforesaid Close of Pasture, 
In Wo●ds and Gardens no waste made.  called C. as also the cutting down in the aforesaid Garden the aforesaid two Apple-trees above supposed to be done, they the said C. and J. say, that they thereof made no Waste, sale, or destruction, as the aforesaid T. by his Writ and Declaration aforesaid, hath above supposed, and of this they put themselves upon the Country, and the aforesaid T. in like manner, therefore command is given to the Sheriff that he cause to come here twelve, &c.  
And the aforesaid T. 
The Plaintiff replies, and traversed what the Defendant hath pleaded specially to.  as to the aforesaid first Plea of them the said C. and J. to the aforesaid waste, in filling up with earth the aforesaid Ditch, compassing the aforesaid Close of Pasture, called C. above in Bar pleaced, says, That he by any thing in the same Plea before alleged, ought not to be debarred from having his Action aforesaid for the waste therein made, because he says, that the said C. and J. have made waste and destruction in filling up with earth the same Ditch, encompassing the aforesaid Close of Pasture, called C. as he before hath alleged. 
A Traverse.  Without this, that the Ditch aforesaid at the time of the death of the aforesaid A. for want of cleansing and scouring of the same Ditch, was filled up with earth, as the aforesaid C. and J. have above alleged, and this he is ready to aver, whereupon for that, the aforesaid Defendants, the waste aforesaid thereupon done have above acknowledged; the same T. preys Judgement, and damages, by reason of the same waste to be adjudged unto him, &c. And as to the aforesaid second Plea of the aforesaid Defendants, unto the aforesaid waste, in permitting the aforesaid Hall, kitchen, Stable and Cow-house, to stand, and to be uncovered above, in like manner pleaded in Bat, the aforesaid T. says, That he by any thing, &c.( as before) because he saith, That the aforesaid C. J. made waste and destruction in permitting the Hall, &c. to stand and be uncovered, by which the great Timber of the same Houses by tempests of Rain descending on them, became rotten and corrupt, by which the Hall, &c. were by Rain destroyed, and the same Barn remains prostrate to the earth, 
A Traverse.  as he hath above alleged. Without this, that at the time of the death of the aforesaid A. the Hall kitchen, Barn, Stable, and Cow-house aforesaid, for want of covering, were ruinous and decayed, and the Timber of the Barn for want of reparation, was become so weak and rotten that the said Barn, for the weakness of the Timber aforesaid, and for want of covering fell, and yet lies prostrate to the earth, as the aforesaid C. and J. have above alleged; and this, &c. Whereupon, for that the aforesaid C. and J. the waste aforesaid thereupon done, have above acknowledged, the same T. preys judgement, as before, &c.  
And the aforesaid C. 
Issues taken by the Defendant upon the second Traverse.  and J. as to the aforesaid first Plea of the aforesaid Plaintiff, unto the aforesaid waste, in filling up with earth the aforesaid Ditch, compassing about the aforesaid Close of Pasture, called C. above by Replication pleaded, as formerly say, That the Ditch aforesaid, at the time of the death of the aforesaid A. for want of scouring and cleansing of the same Ditch, was filled up with earth, as they above have alleged; and of this they put themselves upon the Country and the aforesaid Plaintiffs in like manner: And as to the aforesaid second Plea in permitting the aforesaid Hall, kitchen, Barn, Stable, and Cow-house, to stand and be uncovered above by Replication pleaded; the same C. and J. as formerly, say, that at the time of the death of the aforesaid A. the same Hall, &c. for want of covering were ruinous and out of repair, and the Timber of the Barn for want of reparations became so weak and rotten, that the same Barn, for the weakness of the Timber aforesaid, and for want of covering fell down, and remains prostrate to the earth, as they above have alleged: And of this in like manner, they put themselves upon the country, and the aforesaid T. in like manner; therefore to try as well this issue as the other issues above joined, as, &c. Command is given to the Sheriff, that he cause to come here, twelve, &c.   

W. P. late of P. &c. and W. S. late of, &c. 
R. ss. Waste against Tenant for year● brought by the Purchaser of the Reversion.  were summoned to answer Anthony Anchor Knight, of a Plea, wherefore, whereas by the common-council of the Realm of England. It is provided, that it shall not be lawful for any one to make waste, sale, or destruction, of any Lands, Houses, Woods, and Gardens, to him let at term of life or years: They the said W. and W. of Lands, Houses, Woods, and Gardens in B. which they hold for term of years of the aforesaid A. of the assignment which T. Culpeper Esq who, the same to the aforesaid W. and W. for the same term did demise, they made waste, sale, and destruction, to the disherizon of him the said A. and against the form of the Provision aforesaid, &c. And w●ereupon he the said A by H. L. his Attorney, says, 
T. C. Demiseth.  That whereas the aforesaid T. C. was lately seized in his Demesne, as of Fee, of, and in one messsage, called Langham Park, with the Appurtenances, in B. aforesaid, and being so thereof seized the third day of January, in the thirty eighth year of King Henry the eighth, at B. aforesaid, demised the aforesaid W. and W. the same Tenements, with the Appurtenances, to hold to them, their Executors and assigns, from the Feast of the Annunciation, &c. then next following, unto the end and term of one and twenty years then next following, and fully to be complete and ended; by virtue of which Demise, the aforesaid W. and W. were thereof possessed: And they the said W. and W. being so thereof possessed; and the aforesaid T. C. of the same Tenements, 
And sells the Reversion to the Plaintiff.  with the Appurtenances, being so seized in his Demesne, as of Fee, he the said T afterwards, to wit,( such a day, year, and place) gave, granted, and assigned the Reversion of the ●enements aforesaid, with the Appurtenances, to him the said A. to hold to him and his Heirs for ever: By virtue of which said Gift, 
Attornment.  Grant, and Assignment, the aforesaid W. and W. himself, to him the said A. at B. aforesaid, did attorn, by virtue of which said Gift, 
Assignment of promissive waste in houses.  Grant, Assignment, and Attorment, he the said A. was of the Reversion of the Tenements aforesaid, with the Appureenances, seized in his Demesne, as of Fee, and so being thereof seized, the aforesaid W. and W. made waste, sale, and destruction, in the Tenements aforesaid, with the Appurtenances, in the Houses, that is to say, in permitting one Hall, of the price of twenty pounds, three Chambers, of the price of either of them ten pounds, one kitchen of the price of twenty pounds and one Barn of the price of twenty pounds, to stand and to be uncovered, by which the great Timber thereof, for want of covering, by tempestuous reins beating upon them, became rotten and corrupt, and the whole House by reason of that corruption, by ruin was destroyed; in Woods also by cutting down, 
In woods.  selling and burning, three Beeches, the price of each of them six shillings and eight pence, and one hundred Beeches, the price of each of them four pence, in the Park aforesaid, severally growing, by permitting also the roots of three thousand Oaks, one thousand Elms, and five thousand Beeches, by the aforesaid W. and W. in two hundred acres of Wood by the whole content of the same Wood, severally lately growing, after cutting down, to stand unfenced, so that for want of enclosure, the cattle feeding thereby, did so near bite up, and consume the small branches, and sprouts growing out of the said roots, that by the aforesaid near biting and croping each of the aforesaid roots of the Oaks, Elms, and Beeches, and the sprouts growing out of the said roots, 
Sprouts cropped  to the value of a penny each, did wholly whither and grow dead; in the Gardens also, in permitting eight Perches of Pales, to the value of twenty shillings, enclosing one Garden, parcel of the Tenements aforesaid to fall down, to the dis-inherison of him the said A and against the form of the Provision aforesaid: 
Garden pales.  Whereupon he saith, that he is damnified, and hath damage to the value of one hundred pounds, And thereupon he bringeth svit, &c.  
And the aforesaid W. P. by R. P. his Attorney, 
No waste made to part, and to the rest the Defendant pleads that before the Grant of the Reversion be b●ught the trees of the Grantor.  and the aforesaid W. S. by J. F. his Attorney, comes and defends the force and injury, when, &c. And as to the whole waste aforesaid, in the Lands, Houses. Woods and Gardens, above supposed to be done, besides the cutting down, sale and destruction of the aforesaid hundred and three Beeches, say. That they have made no waste, sale or destruction thereof, as the aforesaid A. above against them complaineth; and of this they put themselves upon the country, and the aforesaid A. in like manner: And as to the aforesaid waste, in cutting down, sale, and destruction of the aforesaid hundred and three Beeches, above supposed to be done, they the said W. and W. say, That the aforesaid A. ought not thereupon to have his Action aforesaid against them, because they say, That before the said Gift, Grant and Assignment of the Reversion of the Tenements aforesaid, to the aforesaid A. by the aforesaid T. in form aforesaid made, to wit,( such a day and year) he the said T. at B. aforesaid, for a certain sum of money to him the said T. by them the said W. and W. before hand paid, sold to them the said W. and W. the aforesaid hundred and three Beeches, amongst other Trees in the Park aforesaid lately growing: By virtue of which said sale, they the said W. and W. the aforesaid hundred and three Beeches did cut down, sell, and burn, as it was lawful for them to do; and this they are ready to aver, whereupon they pray judgement, whether the said A. ought to have his Action aforesaid against them, &c. 
The Plaintiff replies, no sale made by the Grantor.   
And the aforesaid A. says, That he, by any thing before alleged, from having his Action aforesaid, for the aforesaid waste for cutting down, sale, and destruction, of the aforesaid hundred and three Beeches above supposed to be done, ought not to be debarred, because he saith, That the aforesaid T. C. before the aforesaid Gift, Grant, and Assignment of the Reversion of the Tenements aforesaid, by him the said A. to the aforesaid T. in form aforesaid made, did not sell the aforesaid W. and W. the aforesaid hundred and three Beeches, nor any of them, as the aforesaid W. and W. have above alleged: And this he preys, may be inquired of by the country, and the aforesaid W. and W. in like manner; therefore as now, to trying as well this Issue as the aforesaid other Issue formerly joined; command is given to the Sheriff, that he cause to come here on the morrow after the holy Trinity, twelve, &c. By whom, &c. and who neither, &c. to recognise, &c. because as well, &c. At which day, here came the parties, &c. and the Sheriff sent not the Writ, &c. Therefore, as formerly, 
Continuance of Venire fac.  command is given to the Sheriff, that he cause to come here in eight days after the holy Trinity twelve, &c. To recognise, &c. in form aforesaid, &c. At which day the Jury between the parties aforesaid, of the aforesaid Plea, was put thereupon between them into respite here unto this day, to wit, from the day of Saint Michael, on fifteen days then next following, unless the Justices of our Lady the Queen, at the Assizes in the County aforesaid, assigned to be taken by the form of the Statute, &c. on Friday( such a day last past) at Rochester, in the County aforesaid, should first come; and now here at the day cometh the aforesaid A. by his Attorney aforesaid, and the aforesaid Justices of Assizes, before whom, &c. 
Postea.  sent here their Record in these words; Afterwards, the day and year within contained, before David Brook Knight, and Thomas gaudy, sergeant at Law, Justices of our Lord the King, assigned to take Assizes in the County of Kent, by the form of the Statute, &c. came as well the within name Anthony Anchor, as the within written William S. by their Attorneys within contained, and the within written, W. P. 
Desault.  being solemnly required, came not, but made default; Therefore let the Jury whereof within is made mention, be taken against him, by default, whereupon the Jurors of the Jury impanelled, being required, some of them,( that is to say) R. B. J. L. R. W. R. H. C. R. R. R. W. C. and H. R. came, and were sworn upon that Jury, but the residue of the Jurors, the aforesaid Jury now appearing,( that is to say) K. C. J. W. J. A. S. H. J. N. 
Chall●nge, some withdrawn.  and T. L. because that they between the parties aforesaid are found to be suspicious, from that panel are wholly withdrawn, as it appears in the same panel: And because the residue of the Jurors of the aforesaid Jury appeared not, 
Tales.  therefore others of the standards by, by the Sheriff chosen at the request of the aforesaid J. and by the command of the aforesaid Justices, are put on of new, whose names to the panel aforesaid are filled, according to the form of the Statute in the like case published and provided for, and the Jurors so of new put on,( that is to say) G. R. and R. A. &c. who, to speak the truth of the within contained, together with other the aforesaid Jurors first impanelled and sworn, being chosen, tried, and sworn, say upon their Oath, that the aforesaid W. and W. made waste, sale, and destruction in the Tenements within written,( that is to say) in permitting one Hall, 
The Verdict against the Defendant for waste in h uses.  of the price of six shillings and eight pence, three Chambers, the price of either of them two shillings and two pence, one kitchen, the price of six shillings and eight pence, and one Barn, the price of thirteen shillings and four pence, to stand and be uncovered, by which the main Timber thereof, for want of covering, by tempestuous reins descending upon them, became rotten and corrupt, and that House, by reason of that corruption ruinously demolished. In the Woods also( that is to say) by permitting the roots of a thousand Oaks, 
And woods.  four hundred Elms, and six hundred Beeches, in the within written two hundred acres of Wood, severally lately growing, by the aforesaid W. and W. cut down to stand unfenced; so that for want of enclosure of the same, the living beasts, the sprigs growing out of the said roots, did crop off, and by seeding, consume so near those roots, that by the cropping and like feeding, each of the roots of the aforesaid roots, and the sprouts growing out of those roots, to the value of half a farthing, did wholly whither and die, as the aforesaid Anthony Anchor against the aforesaid W. and W. have within declared: And as to the sale within specified, of one hundred and three Beeches, within, by the within name W. and W. to them, by the within name, Thomas Culpeper, supposed to be done: The Jurors aforesaid say, That the same T. C. before the within written Gift, Grant, and Assignment of the Reversion of the Tenements within specified, to the aforesaid A. by the aforesaid T. C. in form within written made, to wit,( such a day and year within written) sold not to them the said W. and W. the hundred and three Beeches within written, nor any of them, as they the said W. and W. have within alleged; and therefore the Jury aforesaid say, That the aforesaid W. and W. have made waste, sale, and destruction in the aforesaid hundred and three Beeches,( that is to say) by cutting and selling the same hundred and three Beeches, the price of each of them one penny, and one fourth part, in the Park within written, severally growing in manner and form as the aforesaid A. A. 
No other waste made.  within hath declared, to the dis-inheriting of him the said A. and against the form of the Provision within written: And further, the Jury aforesaid say, That the aforesaid W. and W. have made no other waste, sale, or destruction to the aforesaid A. A. of the Tenements within written; Therefore it is considered, that the aforesaid A. recover his seizing against the aforesaid W. and W. 
judgement in waste.  of the aforesaid places wasted, and his damages, by reason of that waste in the same by the Jurors aforesaid, in form aforesaid found, to the triple, according to the form of the Statute, &c. which said triple damages in the whole, do amount unto ten pounds three shillings and ten pence; And the aforesaid W. and W. in mercy, &c. And likewise the aforesaid A. A. 
Mercy.  in mercy for his false complaint for the residue of the waste aforesaid, whereof the aforesaid W. and W. by the Juros aforesaid, above stand acquitted, and let the said W. and W. be thereof quit, &c. And upon this, the aforesaid A. A. preys a Writ of our Lord the King, to make him have seizing of the places aforesaid wasted, to the Sheriff of the County aforesaid to be directed: And it is granted him returnable here, &c.   

WAr. ss. F. Moor, Widow, R. G. and C. his Wife, 
Waste after a Fine levied, Trin. 8 Eliz. Rot. 916.  were summoned to answer E. Littleton, Gentleman, of a Plea, wherefore, by the Common council of the Realm of our Lady the Queen of England, it is provided, that it shall not be lawful for any to make waste, sale, or destruction of Lands, Houses, Woods, or Gardens, to them let for term of life, or years, they the said F. R. and C. of Houses and Woods in S. which they hold for the life of A. B. of the Demise of S. B. and the aforesaid A. his Wife, 
Demise by Fine.  by Fine thereupon in the Court of our Lady the Queen that now is, before James Dyer, Knight, and his fellows, Justices of our said Lady the Queen of her Bench, by the Writ of our said Lady the Queen, between one W. M. now dead, and the aforesaid F. R. and C. and them the said F. and A. levied of the aforesaid E. Littleton, of the Assignment, which John Littleton, Clerk, Brother and Heir of T. Littleton, who demised the same to the aforesaid A. for the same term thereupon made, to him the said E. they made waste, sale, and destruction, to the dis-inheritance of him the said E. 
T. J. seized makes Feoffment to uses before the Statute.  and against the form of the provision aforesaid, &c. And whereupon the said E. by T. N. his Attorney, says, That whereas the aforesaid T. L. was seized of the Mannor of S. with the Appurtenances, in the County aforesaid, and of twelve messages, five Cottages, five hundred acres of Land, one hundred acres of Meadow, forty acres of Pasture, &c. with the Appurtenances, in S. aforesaid, in his Demesne, as of Fee, and so being thereof seized, he the said T. L.( such a day and year) of the same Mannor and Tenements, with the Appurtenances, amongst other things, did infeoff J. Dingley, and R. Sheldon, Esq E. Draycote, Richard Newport, the elder, W. C. Anthony Littleton, T. Dingley, and Rich. Sheldon, Gentleman, to hold to them and their Heirs for ever, to the use and behoof of him the said T. L. and the aforesaid A. his then Wife, and the Heirs of the body of him the said T. L. lawfully begotten; and for default of such issue, to the use and behoof of the right Heirs of him the said T. L. for ever, by virtue of which said Feoffment, the aforesaid J. D. R. S. and the other Feoffees, were seized of the Mannor and Tenements aforesaid, with the Appurtenances, amongst other things, in their Demesne, 
The Feoffees seized to uses until the Statute.  as of Fee, unto the use of the aforesaid T. L and A. and the Heirs of the body of him the said T. lawfully begotten, and for default of such issue, to the use and behoof of the right Heirs of him the said T. L. for ever, unto the fourth day of February in the twenty seventh year of the Reign of King Henry the eighth, on which day, by virtue of a certain Act of Parliament of the same late King at Westminster, in the County of Middlesex, the same fourth day of Febr. of transferring uses into possession, held and published, the aforesaid T. L. and A. were seized of the same Mannor and Tenements, 
Use vested by the Statute.  with the Appurtenances, amongst other things,( that is to say) he the said T. Littleton, in his Demesne, as of Fee tail,( that is to say) to him and the Heirs males of his body lawfully begotten, and the same A. in her Demesn, as of Free-hold, the Remainder thereof for default of such issue, to the right Heirs of the aforesaid T. L. for ever belonging, and they the said T. L. and A. so being thereof seized, 
Feoffor death without issue.  he the said T. afterwards, at E. in the County of W. of such his Estate, died thereof seized, without any Heir of his body lawfully begotten, and the aforesaid A. him the said T. L. survived, and held her self in the Mannor and Tenements aforesaid, with the Appurtenances, and was thereof sole seized in her Demesne, as of Freehold by right accrueing, &c. after whose said T. L. his death, the Reversion of the Mannor and Tenements aforesaid, 
Wife holds by surviving.  with the Appurtenances;( after the death of the aforesaid A. to be had, for that the aforesaid T. Littleton died without any Heir of his body lawfully begotten) did descend to the aforesaid J. Littleton, as to the Brother and Heir of the aforesaid T. Littleton, 
Reversion in ●a●l descends to his brother.  by which he the said T. L. was seized of the same Reversion of the Manor and Tenements aforesaid, with the Appurtenances, as of his Fee and Right, and he the said J. L. so being thereof seized, and the aforesaid A. of the Mannor and Tenements aforesaid, with the Appurtenances, in form aforesaid being seized, the same A. afterwards, at S. in the County aforesaid, took to Husband the aforesaid F. Bulst●od, by which, they the said F. and A. were seized of the Mannor and Tenements aforesaid, with the Appurtenances, in their Demesne, as of Freehold, in right of her the said A. and they the said F. and A. so being thereof seized; and the aforesaid J. L. of the Reversion of the same Mannor and Tenements, with the Appurtenances, in form aforesaid, being seized, he the said J. L. afterwards, to wit,( such a day, year and place) by his certain dead which he the said J. with the Seal of the aforesaid T. L. signed here brings into Court, 
Grant of the Reve●sion.  whose Date is the same day and year, did give and grant the Reversion of the Mannor and Tenements aforesaid, with the Appurtenances, to him the said E. L. to have and to hold, to him and his Heirs for ever; and after, to wit, the fourth day of J.( such a year) the aforesaid F. B. at B. in the County of W. did attorn himself to him the said E. Littleton, 
A●to●nment.  of the Reversion of the Mannor and Tenements aforesaid, with the Appurtenances, by virtue of the Gift and Gran● aforesaid to him the said E. in form aforesaid made, by virtue of which said Gift, Grant, and Attorment aforesaid, he the said E. was seized of the same Reversion of the Mannor and Tenements aforesaid, with the Appurtenances, as of his Fee and Right; and he the said Edward so being thereof seized, and the aforesaid F. and A. of the Mannor and Tenements aforesaid, with the Appurtenances, in form aforesaid, being seized, the aforesaid Fine was levied in the Court of our said Lady the Queen that now is, to wit, at Westminster, in eight days of Saint Michael, in the second year of her Reign, before James Dyer, Humphrey Brown, Anthony Brown, and Richard Weston, then Justices of her the said Lady the Queen that now is, of her Bench here, and other faithful Subjects of her the said Queen, then there present, between the aforesaid W. M. now dead, and Francis, Robert, Gower, and cecily, Complainants; and the aforesaid Francis Bulstrode, 
Fine levied by the Wife of the Feoffor of her Estate to the Desendants.  and A. Deforceants of the Mannor and Tenements aforesaid, with the Appurtenances, amongst other things, by the names of the Mannor of S. A. with the Appurtenances, and twenty messages, ten Cottages, a thousand acres of Land, &c. in the aforesaid County of W. whereof a Plea of Covenant was summoned between them in the Court, to wit, That the aforesaid F. and A. did grant to the aforesaid W. M. now dead, Francis, Robert, Gower, and cecily, the Mannor and Tenements aforesaid, with the Appurtenances, to have and to hold to them the said W. F. R. and C. during the whole life of her the said A. by virtue of which Fine, they the said W. M. F. and R. G. and C. were seized of the Mannor and Tenements aforesaid with the Appurtenances, in their Demesne, as of Free-hold, that is to say for the term of the life of the aforesaid A. and they the said W. R. and F. R. and C. so being thereof seized, and the same E. of the aforesaid Reversion of the Mannor and Tenements aforesaid, with the Appurtenances, in form aforesaid, being seized, they the said W. M. F. R. G. and C. after that Fine in form aforesaid, levied of the Mannor and Tenements aforesaid, with the Appurtenances, made waste and destruction of the Houses, 
Waste in houses. ( that is to say) permitting one Mansion-house, containing three Bays, the price of each Bay thirty shillings in the tenor of M. R. Widow, one other Mansion-house, containing six Bays, price of each Bay forty shillings in the tenor of G. H. parcel of the Mannor and Tenements aforesaid, with the Appurtenances, to stand and be uncovered, whereby the great Timber of those Houses, by tempestuous reins descending upon them, became rotten and corrupt, and those Houses, by reason of that corruption, 
In woods.  by ruin fell down; by permitting also filth and earth to lye upon three Groundsils of certain Barns in like manner, parcel of the Tenements aforesaid, by which those Groundsils, the price of each, five shillings, became rotten and corrupt: In the Woods also,( that is to say) by cutting down a certain Close of Land, called S. ten Oaks, the price of each of them four shillings; in a certain other Close, called H. eight Ashes, price of each of them three shillings; in a certain other Close of Land, called M. in like manner, parcel of the Tenements aforesaid, with the Appurtenances, nine Elms, the price of every of them four shillings: in the same Closes of Land, lately severally growing; by cutting down also, and selling in another Close of Land, in the tenor of J. W. in like manner, parcel of the Tenements aforesaid, three Elms, the price of each of them four shillings to the dis-inheriting of him the said E. and against the form of the Provision aforesaid, whereupon he saith, that he is damnified, and hath damage to the value of two hundred pounds, and thereupon he bringeth svit, &c.   

DEvon. 
Waste by the Grantee of a Reversion against one who had Lease of the Lands by device. E●ster Term, in the eighteen year of the Queen, Rot. 2080.  ss. J. H. was summoned to answer T. S. of a Plea, wherefore, when as by the common-council of the Realm of England, it is provided, that it shall not be lawful for any to make wast, sale, or destruction, of any Lands, Houses, Woods, or Gardens, to them demised for term of life or years; he the said J. of Houses, Woods, and Gardens, in S. which he holds for term of years, of the Demise of W. R. of the aforesaid T. of the Assignment which N. R. who demised the same to the aforesaid W. for the same term thereupon made to D. S. father of the aforesaid T. S. whose Heir he is, made waste, sale, and destruction, to the dis-inheriting of him the said T. and against the form of the provision aforesaid: And whereupon he the said T. by J B. his Attorney, says, That whereas the aforesaid N. R. was seized of two messages, two acres of Land, thirty acres of Pasture, and one acre of Wood, with the Appurtenances, in S. aforesaid, in his Demesue, as of Fee, and so being thereof seized,( such a day, year, and place) did demise to the aforesaid W. R. the Tenements aforesaid, with the Appurtenances, to have and to occupy, to him and his assigns, 
N. R. demiseth to W. R.  from the Feast of Saint Michael the Arch-Angel, then next to come, to the end and term of sixty years thence next following, and fully to be completed. By virtue of which Demise, the aforesaid R. W. was of the Tenements aforesaid, with the Appurtenances, possessed, and he the said W. so being thereof possessed, and the aforesaid N. R. of the Reversion, of the same Tenements, with the Appurtenances, 
N. Grants the Reversion to D. S.  in form aforesaid, being seized, he the said N.( such a day, year, and place) by his certain Writing, which he the said T. S. with the Seal of the aforesaid signed, here in Court produces, whose Date is the same day and year, granted the Reversion of the Tenements aforesaid, with the Appurtenances, to the aforesaid D. S. to hold to him and his Heirs, and assigns for ever, to which said Grant of Reversion aforesaid, the aforesaid W. R. after, to wit,( such a day, year, 
Attorment.  and place aforesaid) did attorn himself to the said D. S. By virtue of which said Grant and Attornment, the aforesaid D. was seized of the Reversion aforesaid, in his Demesne, as of Fee and Right; 
W. R. The Lessee deviseth his Estate to the Defendant and his wise.  and he the said D. so being thereof seized, and the aforesaid W. R. of the Tenements aforesaid, with the Appurtenances, in form aforesaid, being possessed, he the said W.( such a day, year, and place) made his Testament, and by that his Testament, gave and bequeathed to the aforesaid J. T. and to one A. then his Wife, his whole State, Interest, and term of years, which he then had to come, of, and in the Tenements aforesaid, with the Appurtenances, 
Entry by consent of the Executor.  and made and ordained one A. B. Executor of his Testament aforesaid, and after there died of the same Tenements, with the Appurtenances, in form aforesaid possessed, after whose death, the aforesaid J. H. and A. by consent of the aforesaid Executor, into the Tenements aforesaid, with the Appurtenances, did enter, and was thereof possessed, by virtue of the Demise aforesaid; and they the said J. and A. so being thereof possessed, the aforesaid F. at S. aforesaid, died, and the aforesaid J. H. her survived, and held himself in the same Tenements, with the Appurtenances, and was thereof sole possessed by Right accrueing, &c. and he the said J. H. so being thereof possessed, and the aforesaid D. S. 
D. S. dies seized of the Rev●●sion which descends to the Plaintiff.  of the Reversion of the same Tenements, with the Appurtenances, in form aforesaid, being seized, he the said D. at S. aforesaid, died of such his Estate, thereof seized, after whose death, the Reversion aforesaid, descended to him the said T. S. as to the Son and Heir of him the said D. S. by which the said T. was seized of the Reversion aforesaid, in his Demesne, as of Fee and Right, and he the said T. so being thereof seized, and the aforesaid J. H. of the Tenements aforesaid, with the Appurtenances, in form aforesaid being possessed, he the said J. H. made waste, 
Waste in housee.  sale, and destruction in the Tenements aforesaid, in the Houses,( that is to say) permitting one Hall of the price of fifteen pounds, one Barn, of the price of eight pounds, one Stable of the price of seven pounds, one Cow-house of the price, &c. parcel of the Tenements aforesaid, with the Appurtenances, to stand and be uncovered, by which the great Timber of the same Houses, by tempestuous reins descending upon them, became rotten and corrupt, and the House, by reason of that rottenness, is like to fall down, and the ston walls of the same House were corrupt: 
In Woods.  Of the Woods also,( that is to say) cutting down and selling, in one Close of Pasture, called D. in like manner, parcel of the Tenements aforesaid, four Oaks, the price of each of them five shillings; 
In Gardens.  Of the Gardens also,( that is to say) in cutting down and burning in one Garden, parcel of the Tenement aforesaid; twenty Apple-trees, the price of each of them three shillings, in the same Garden lately dispersedly growing, to the dis-inheritance of him the said T. S. and against the form of the Provision aforesaid: Whereupon he says, That he is damnified, and hath damage to the value of one hundred pounds, and thereupon he bringeth svit, &c.     

THE TABLE.  

A  
ANnuity pleaded in Bar of Dower 116  
Action sur Statute, 3 R. 3. against a Sheriff for taking Goods of a person in prison before conviction 135  
Action sur Statute for taking a Distress out of the Fee 136  
Action sur Statute 18 H. 6. against forcible Entries ibid.  
Avowry in Replevin by an Overseer chosen in a Court Baron 157  
Avowry for Rent-charge made by Will 158  
Amends pleaded for killing of Conies 164  
Arbitrement pleaded after the last continuance, and Replication, no such arbitrement 165  
Arbitrement after arbitrement pleaded after the last continuance ib.  
Assaults, Battery, and false imprisonments declared of 168  
Attorney deal Roy acknowledgeth the Defendants Plea 171  
aid from the King 183  
assize taken by default 184  
assize, the Jury found for the Plaintiff ibid.  
assize, judgement in it ibid.  
Averment, that the Plaintiff was Tenant 185  
Assignment of a false Oath in Attaint 2  
Annuity against a Prebend by a Scholar of the University 5, 6  
Avowry for an Amerciament in Court Baron 23  
Abatement pleaded after the last continua●ce 26  
Arbitrators made no Award is pleaded 27  
Assignment in Dower pleaded in bar of Dower 118  
Avowry for service to a Mill, and svit of Court 13  
Avowry for Rent-service upon a prescription to distrain 16  
Avowry for taking cattle trespassing 18  
Avowry for a Rent charge 20, 21  
Attachment for the King 43  
Array quashed ibid.  
Account against a Bailiff of an Office, and Receiver of money 45, 46  
Against a Receiver of money to merchandise 46  
Account, Defendant acknowledgeth the Action, and Auditors are assigned by the Court ibid.  
Account, the Defendant bailed 47  
Account, the Defendant committed for want of bail ibid.  
Auditors assigned ibid.  
Account before Auditors, and issue thereupon 48  
Auditors payment pleaded, and issue thereupon ibid.  
Account for a Guardian of a Church against another Guardian 50  
Accounted fully pleaded ibid.  
Accounted fully pleaded to part, and issue for the rest 50  
Account respited, Quousque ibid.  
Account against a Bailiff of Tenements, and as Receiver of money 51  
Account against a joint occupier of Grain ibid.  
Always ready to render an account pleaded 52  
Fine in Court of ancient Demesne 53  
ancient Demesne pleaded in Assize 57  
Case for levying Fine in ancient Demesne 208  
Accedas ad Cur. delivered upon plaint removed 188  
Audita querela upon an escape 27  
Audita querela upon a Release, and bail thereupon 30  
Audita querela, where three are bound, and one hath a Release, the rest sued 32  
Audita querela sur Stat. de Usury for money lent 34  
Audita querela upon an Elegit, after judgement in a Scire fac upon a recognisance 36  
Audita querela, judgement in it for the Plaintiff 40  
Account against a Receiver of money to pay a servants wages 52  
Account against a Bailiff of a Hundred ibid.  
Account, nile dicit 53  
Assize brought for common of pasture for all manner of cattle 55  
Assize against three, who pled severally 56  
Adjournment of Assize 56, 62  
Assize, Non tenor, and if, &c. Tenant never seized, Nul tort Pleaded 56  
Tenant in Ancient Demesne for part, bar by Feoffment for another part 57  
Azssize to be taken upon the first title pleaded 61  
Assize against two, and both say, they are sole Tenant 62  
Array quashed 65  
Assize of common of pasture, with title thereof 65  
Assize of Estovers, with title of prescription 66  
Assize of nuisance, for turning a water-course 66  
Assize for diminishing water in a Pond, by which fishing was lost, and watering of cattle 67  
Assize for an Office of a Fillazer ibid.  
Appearance recorded 69  
Acquittance pleaded for part, and Plene Administravit for the residue 84  
Assets in the hands of an Administrator pleaded 85  
Attornment of Tenant pleaded 97  
Assignment to Creditors by commissioners of Bankrupt 101  
Averment that it is one and the same Debt, and as well to the use of the Plaintiff as other Creditors 102  
Averment in Dower, that the Baron died seized 113  
Averment that money was not paid at the day of the Condition expressed, by which the Bond is forfeited 228  
Action acknowledged 272  
Acquittance not the dead of the Plaintiff pleaded 85, 103   

B.  
bar in Avowry 14, 24  
Bar to an avowry by Guardian 18  
Bail, none upon confession 46  
Bar in account 53  
Bar by descent in tail to an Assize 59  
Bar by the Tenant maintained, and traverses the Disseisin 61  
Bar by Descent, with what estate 63  
Bar in Debt, when one of the Defendants is dead, and the other pleads Plene Administravit 87  
Bar by general acquittance 102  
Bar in Prohibition, that of lime burnt to be sold, tithes are to be paid, and averment that lime was burnt to be sold, and traverse of the Prescription 146  
Bail in trespass Sur●le Case 227  
Bar by licence to put in his beasts 250   

C.  
CAhallenge to the Array, because the Sheriff is cousin to the Plaintiff 43  
Challenge to the Array at the Nisi prius 44  
Coroner, Plaintiff challengeth himself, and prayeth the Venire facias to another Coroner ibid.  
Challenge to the Array, because it was made by denomination of the Plaintiff 44  
Challenge to the Sheriff, and one of the Corners by the Plaintiff ibid.  
Capias to account awarded 47  
Colour given 59, 63, 140  
Challenge demurred unto 95  
Continuance of Assize 68  
Challenge to the Sheriff, the Writ directed to the Coroner 69  
Challenge to the Under Sheriff ibid.  
Covenant brought upon the Habendum 70  
Covenant to make further assurance ibid.  
Covenant brought by an Executor of a Lessor against the assign for breaking two Covenants 72  
Covenant broken for Rent-charge 73  
Conditions performed 82  
Challenge to a Village, for that it is within a distress of the Plaintiff, and Venire facias of the next Village without the Hundred 193  
Case for an Attorney for his Fees for prosecuting in Chancery 209  
For words, Thou art a lunatic 211  
By a Surety against a principal for not saving him harmless 213  
Upon a promise for procuring a pardon 215  
Upon promise for loan of a mere, which was killed in riding 214  
Case for arresting one in a Liberty not being Bailiff of the same 254  
Case against one for making of trenches cross a way 197  
Case against an Inn-holder for money delivered to him by a Guest 196  
Case for a Prothonotaries Clerk for money upon a promise, upon his Writ of privilege 198  
Case for Fees for drawing a Declaration 199  
Case for obstructing a way 200  
Case sur promise for to pay money and interest at day given 201  
Case sur Assumpsit for money and for wears, where part is paid 202  
Case sur Promise to become security for money lent, and forbearance 203  
Case sur Assumpsit to pay money for Land contracted for 204  
Case upon promise of money, upon consideration of marriage 205  
Case for a Fine levied, of Lands in ancient Demesne 209  
Case by one indicted for Felony, and acquitted as to the party indicting him 207  
Case against a Steward, for not taking security in Replevin 208  
Case for meat and drink had by the wife whilst she was sole 218  
For a Keeper of a Prison, for meat, drink, and lodging 219  
Confirmation by the Grant of an Annuity by a Prebend 7  
Confirmation of a Dean and Chapter pleaded ibid.  
Commission of Bankrupts at the Petition of Creditors 101  
Case upon a Promise to pay money upon a wager 217  
Case for scandalous words by a Garter-Herald. 258  
Concord pleaded in Bar before the day of payment, containing the condition of the Bond 109  
Claim in Dower 116  
Counter-plea to the vourcher in Dower 120  
Case by a Tenant for life, against Tenant at will for cutting down Timber 256  
Case by an Executrix on a promise for goods 221  
For a Clerk for his Fees for prosecuting in the Upper Bench 223  
For hire of a Horse unpaid, and not delivered 225  
Upon a promise for wears delivered upon two several contracts 226  
Against a Sheriff upon an escape upon Outlawry 227  
Case for stoping up a Light by erecting a House 230  
By a chirurgeon upon a promise in the testates life time 231  
Against an unskilful chirurgeon 232  
Against a Sheriff for not returning a Venditioni exponas 233  
Against a Sheriff for returning falsely a Devastavit 235  
For an Executor for the same reason 237  
Case against a Vicar for not enjoying rate tithes according to promise 239  
Upon promise to save one harmless 240  
For heightening a water course 241  
Upon a promise for procuring one to be arrested in the Sheriffs Court 242  
To stand to an Arbitration 243  
Upon money due upon hire of an Apprentice 244  
For setting a dog to bite hogs that they died, and for keeping a dog to bite Sheep 247  
For digging a Ditch, and making a Hedge in a common path 248  
Against a Sheriff for not executing a Capias Utlagatum ibid.  
For hindering of Common 249  
For a chirurgeon for providing of Medicines, and the Defendant would not take them 251  
Case for departing from service within the time retained 230  
For rescuing cattle taken for relief 246  
For negligent pasturing· of cattle 251  
For a Copiholder for cutting down trees upon his customary Tenements 252  
Capias and return 228  
Alias returned ibid.  
Capias Utlagatum 229  
Case for cutting down of trees upon a copyhold 252  
For arresting in a Liberty 254  
For erroneous prosecuting a Writ of Execution 255  
Case for rescue made upon a Latitat 256  
Case for words 258, 260  
For not making a fence 262  
Upon the Custom of London, for dividing a Citizens 〈◇〉 to his children 263  
Against the Clerk of the Errors, who took money by extortion 265  
For not paving a bill of Exchange after acceptance 266  
Upon a promise for, and in consideration of Marriage by an Executor 267   

D.  
DIstringas upon a Jury in Attaint 3  
Debt by an Executor for an Annuity granted to the Testator 8  
Demurrer to a Writ 39  
Descent pleaded 59  
Descent by Protestation 60  
Disseisin to anothers use 61  
Disseizor dying, the Heir of the Disseizee enters ibid.  
Debt upon a verbal Demise for rent behind 74  
Debt upon a Bill, the Defendant doth pled satisfaction by goods delivered 75  
Debt by an Administratrix for arrears of an Annuity due to the Intestate ibid.  
Debt by a Curat for his salary 76  
Declaration upon a Bill to pay money, or to do an Act 77  
Declaration upon a Scire fac. against the Heir and Ter-tenant 77  
Debt upon Retainer for counsel 80  
Debt upon a Retainer to carry goods, 81  
Debt upon a Bill ibid.  
Debt upon an Obligation 82  
Debt upon a Bill against an Administrator of an Administratrix 83  
Debt upon several specialities 85  
Debt by an Executor against another Executor 86  
Debt brought upon a Bill to be paid the day of Marriage 87  
Denisage pleaded at the time of making of a Bill 88  
Debt by an Attorney for Fees and expenses 89  
Debt sur Bond 91  
Debt sur in simul computasset 94  
Debt sur Retainer for a School-Master 94  
Debt upon a Demise for cattle let to Farm 95  
Debt by a chirurgeon for curing of a Wound 96  
Debt upon a Bill for matter accrueing after the making and sealing of the Bill 98  
Declaration upon a Scire fac. against Ter-tenants, and Execution awarded 79  
Debt upon the Statute against fraudulent gifts against him who avoweth a fraudulent Gift 101  
Debt upon the Statute of Bankrupts, that he began to keep his House, and so became Bankrupt 100  
Debt sur Bill, for payment of money and Cattells 102  
Debt by the Heir upon an Indenture made by his ancestor against the Executor of Lessee, for rent behind in the life of the Lessee, and after 103  
Debt by an Assignee in Reversion 96  
Debt upon Articles 104  
Debt for Felons goods granted to the Plaintiff by Letters-Patents 106  
Debt sur Retainer for shoeing of Horses ibid.  
Debt sur Recovery in the County-Court 109  
Debt for an Annuity granted, proconsilio. 112  
Debt sur Account before Auditors 110  
Dower brought for Gavel-kinde Land 112  
Day given to the Plaintiff 108  
Declaration in a County Court ibid.  
Dower, the issue of full age 114  
Dower, Tenant pleads Non tenor ibid.  
Dower, demand is of a Mannor Tenements, Warren, and Advowson 114  
Detinue for certain goods 121  
Detinue for a Chest of Writings 122  
Delivery to him, and another pleaded, and prayer of Garnishment 123  
Declaration maintained, and a Condition traversed ibid.  
Disseisin traversed 130  
Damages not assessed, why 122  
Debt against the Heir in gavelkind upon a Bond 111  
Demurrer to a Bar in Prohibition 147  
Demurrer to a justification for taking a Colt as an Estray 168  
Demurrer joined ibid.  
Declarations several upon one original in trespass against three persons 171  
Damage pheasant 185  
Declaration of trespass of the Case against a Carrier for loss of goods delivered to him 193  
Declaration upon the Case against a Clerk of the Kings Bench for appearing and filing a Bail without warrant 194   

E.  
ENtry of a Writ of Adjournment 42  
Election of the Tenant 59, 63  
Elegit against a Sheriff, awarded to the Coroner 69  
Entry to distrain for a Rent-charge, and expulsion by the Grantee for the Reversion assigned for breaches in C●●●nant 37  
Elopement, pleaded in bar of Dow●● 115  
Ejectment 124, 125, 127  
Ejectment, Plea to part, and not guilty to the rest 125  
Entry in the Quibus, Declaration upon it 128  
Entry of a Warrant for a Guardian 157  
Exigent 229  
Returned ibid  
Escape 230   

F.  
FIne levied in ancient Demesne, form of it 53  
Feoffment to uses pleaded 137   

G.  
GIft in tail pleaded 59  
Garnishment prayed in a Writ of Detinue. 123   

H.  
HAbias Corpora 64   

J.  
JUdgement of a Writ prayed 1  
Jury of twenty four in Attaint ibid.  
Jurors in Attaint 2  
Issue in Attaint ibid.  
Inquiry of Damages in Attaint 4  
judgement in Attaint ibid.  
judgement revoked 17  
Issue upon Traverse of tenor 19, 23  
Issue upon a Traverse 24  
Issue in account after Auditors are assigned 46  
judgement in account after issue in the country ibid.  
Issue taken that the Plaintiff was seized within thirty years 60  
judgement in debt, per defaltam 90  
judgement, quod nile capiat per breve 106  
Imparlance 108  
judgement for the Plaintiff 109  
judgement prayed in a writ of Dower, because the Demandant married after the last Continuance 117  
judgement in Detinue for Corn 122  
Issue upon a Traverse 123  
Issue sur disseisin 130  
Information against a person for Non-residencie 130  
Information against a Recusant 132  
Information upon the Statute for using a Trade, not being an apprentice to it 133  
Information against engrossers, Scire facias, and judgement upon it 134  
Issue upon a Traverse in disseisin 130  
judgement upon Non sum informatus, and Inquisition awarded 155  
Justification by reason of a Recovery in a Hundred Court 165  
Justification for an amerciament in a Hundred Court 173  
Justification for taking away Goods for Toll at a Fair, by the custom of the Mannor 182, 178  
Justification for an amerciament 180  
Justification by virtue of a Recovery in a Writ of Right Close in ancient Demesne 183  
Justification in trespass for hunting of a Badger 191  
judgement entred against a Sheriff 233  
judgement for default in trespass 258  
judgement against the Plaintiff when the Defendant did wage his Law 110  
judgement in Replevin upon demurrer 25  
judgement in Detinue for Grain 122  
Issue upon Traverse in waste 278   

L.  
LEssee deviseth 75  
Levying of a Plaint before the Sheriff only 180   

M.  
MInas pleaded in Debt 82   

N.  
NOn est factum to an Acquittance pleaded 85  
Non est factum pleaded 103  
Non dampnifactus pleaded to a counterbond, 105 Against which, breach is alleged, ibid. To which payment is pleaded, and expenses traversed 106  
Non assumpsit 211  
Non sum informatus pleaded in Dower 114  
Not guilty to part, and a Justificaon to the rest 169  
Not guilty by a Commoner for overcharging the Common 170  
Not guilty, Non sum informatus, the Venire facias, and the Writ of inquiry awarded. 187   

O.  
OYer of the Record prayed by the twelve Jurors in Attaint 2  
Outlawry pleaded in bar, 165  
To which the Plaintiff replies, that he was dwelling in another County when the Outlawry, &c. ibid.  
Ordinary sueth 171  
Original writ out of the Chancery prosecuted 228  
Outlawry adjudged 229   

P.  
PLea in abatement of a writ 1  
Pardon pleaded by the petty Jury in Attaint, against the judgement quoad the King 4  
Pardon in attaint shewed in court 5  
Plea in bar to a Declaration upon a Bond, that the Plaintiff hath razed the Bond and altered the sum 90  
Plea of the prescription of Stanneries confirmed by Ed. 1. to the Jurisdiction 93  
Precept to a bailiff 108  
Precept to summon a Jury ibid.  
Plea in bar of Dower, that the wife was within age at the time of the death of the Baron 114  
Plea in abatement to a Declaration for words insignificant 111  
Plea of, ready to endow the Plaintiff, if she will deliver a Box with Deeds, &c. concerning the Estate 120  
Plea in bar to an Action of forcible Entry 137  
Property claimed in Replevin 165  
Pardon pleaded after trial 171  
Prescription to hunt pleaded in trespass 172  
Presentment by a Jury at the Sheriffs turn 181  
Prescription traversed ibid.  
Prescription for Market 182  
Prescription to distrain ibid.  
Protestation to prosecute in the nature of a writ of right close in the nature of assize at common law 183  
Plegii de prosequendo ibid.  
Privation of a Prebend 7  
Prescription for common of Pasture pleaded 24  
Prayer in aid of the tenant for term of years to him in Reversion 22  
Possession of Executors by virtue of a Will pleaded 128  
Prohibition to the Court of Requests, the Defendant being impleaded there for a simplo Contract of his Father in his life time 140  
Prohibition to be discharged of tithes for a Lime-Kill 144  
Prescription to be discharged of tithes of Stones in a Quarry, and burnt into Lime, and of whatsoever Minerals digged out of the Earth 144  
Partition 147  
Partition betwixt Heirs in gavelkind 150  
Partition between lieutenants, where the part of the Plaintiff is onely severed from the residue 151  
Plea by Baron not guilty, by Feme de sen tort 188   

Q.  
QUiet Estate.   

R.  
REturn of the Record in attaint 3  
Replevin, Declaration upon it 16 17.  
Replication in Account 49  
Replication in Account 53  
Replication in Debt 83  
rejoinder ibid.  
Release pleaded after the last Continuance 104  
Return of a Precept 108  
Respite until the next Court ibid.  
Replication by Demandant in Dower, that she doth not detain Deeds in a Box 121  
Replication to the bar pleaded to a forcible entry 138  
rejoinder in forcible entry 139  
Replication to an Avowry 158  
Replication, De propria acquiria sua without that 170  
Recovery in ancient Demesne before Suitors 183  
Return of a Precept 184  
rejoinder 185  
Rescuing a distress taken for an Annuity ibid.  
Restauration, Ad liberam legem by the Kings pardon 5  
Resummons awarded in Assize 62  
Recognition of Assize 62  
Rescue, Declaration in it 152  
Ravishment of Ward, Declaration in it 154  
Replevin in the Detinet, and Detinuit 156  
Rescue, Plea of not guilty by one, and Non tenor by the other 153  
Return of the Sheriff in a Writ against Baron and Feme, that Feme was dead before the Writ purchased 148  
Return of an original 228   

S.  
STat. 31 H. 8. cap. 73. for the recovery of an Annuity pleaded 9  
Scire facias 37  
Scire facias returned 37  
Supersedeas upon a Writ of Audita querela 41  
Sole-tenancy by one pleaded 62, 68  
Statute of Uses 72, 137  
Summons 229   

T.  
TRaverse that the Grantee was not Prebend at the time of the Grant, and issue thereupon 8  
Traverse of a return in Socage 19  
Traverse of a tenor in Socage 24  
Title by discent in Fee pleaded 60  
Tenements are in another Village, and if, &c. then no wrong to the Plaintiff 63  
Tenants, two come in by attorney, and the rest confess the Action 112  
Tenant pleads release with warranty, and the vourcher acknowledgeth the dead of his Father, and pleads nothing by descent 119  
Traverse in forcible entry 138  
Traverse of a Disseisin 139  
Tender of amends is pleaded in a Replevin 156  
trespass, the Defendant demands judgement of the Writ being sued in the Cinque-Ports 159  
trespass, the Defendant pleads, the Plaintiff is within age, and should have brought his Action by Guardian, and not by Attorney ibid.  
Trespass for several trespasses with a Continuando 160  
trespass for taking away an Heir in the life of his Father, 161  
For taking away an Heir from a Guardian 161  
trespass for taking away a prisoner, to which the Defendant pleads, he took him as a Wanderer 161  
trespass for several trespasses at several days 161  
trespass for pasturing· of Sheep in a rotten pasture, where they died 162  
trespass for fishing, and breaking a Pond 162  
trespass for drawing a Cart with Horses over the Plaintiff 162  
trespass for taking away Pigeons ib.  
trespass for erecting a House so near that the Plaintiffs Timber became rotten 163  
trespass for putting Dirt so near the door, that the Plaintiff could not go out 16●  
trespass for drowning the Plaintiffs Corn ibid.  
trespass for drowning of a Meadow ibid.  
trespass for overflowing a Common with water ibid.  
trespass for taking away Pheasants 164  
trespass for breaking a Close, and consuming the grass ibid.  
trespass for breaking the House of an Administrator, and taking away cattle ibid.  
trespass for digging in a mine, and carrying away Ore ibid.  
trespass for imprisonment 165  
trespass for taking a Colt, and fettering of him in the Pound 166  
trespass for taking away an Apprentice 172  
trespass for breaking a Pipe of wine ibid.  
trespass for chasing in a free Warren 172  
trespass for chasing of hogs that they died 172  
trespass for breaking a Close, and mowing of grass, and cutting of Corn 173  
trespass for taking away of Pales ibid.  
trespass for keeping of a Dog which used to bite Sheep 180  
trespass for breaking a dead hedge ibid.  
trespass for plucking up Rosemary and lavender 181  
Traverse of a Recovery 185  
trespass removed by an Accedas ad curiam 187  
trespass for an Administrator ib.  
trespass and Assault brought by a Vicar for hindering of him in carrying away tithes 189  
trespass for rescuing a Herriot seized 180  
trespass for taking a Colt being a stray, belonging to the Keeper of the Hundred 190  
trespass in a Warren, for taking away Conies and Partridges ibid.  
trespass for hindering the Plaintiff for taking the profit of a Stewardship 192  
Trover for an Administrator for Goods lost in the life-time of the Testator 257   

V.  
VErdict in Attaint 4  
Verdict for the Plaintiff 109  
vourcher in Dower, and Judgement against the Tenant, for default of Vouchee 118  
vourcher to warranty 119  
Venire fac. into two Countreys 174  
Village held of the King in Feefarm 181   

W.  
WRit of Right to the Kings Bailiffs 15  
Warrant of Attorney for the Plaintiff 110  
Warranty of a dead 171  
Waste brought against Tenant for years 272  
Waste by the Heir in tail against Tenant for life 273  
Waste, none committed pleaded 275  
Waste, the Defendant pleads by protestation, no waste for Plea that the Plaintiff hath nothing in Reversion 276  
Waste against Tenant in Dower ib.  
Waste, the Defendant pleads no waste to part specially, to the residue not guilty 277, 278  
Waste, Replication and Traverse of what the Defendant pleaded ibid.  
Waste, Issue upon a Traverse ibid.  
Waste against a Tenant for years by a purchasor of the Reversion 279  
Waste permissive, an Assignment of it 280  
Waste, none for Plea, and to the rest, that the Defendant bought the trees before the grant of the Reversion 280  
Waste, Issue, Verdict, judgement and triple damages 281, 282, 283  
Waste after a Fine levied 283  
Waste by Grantee of the Reversion against one who had a Lease by device. 286   
FINIS.