Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	duke_n	earl_n	richard_n	5,076	5	8.8099	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93107	An exact collection of choice declarations, with pleas, replications, rejoynders, demurrers, assignement of errours and the entries of judgments thereupon affirmed. / Collected by VV. S. one of the clerks of the upper bench office : in the reignes of Queen Elizabeth, King James, and the late King Charles. Diligently perused, and translated into English, for the benefit and helpe of young clerkes. With an exact table, wherein may be found the principall matters contained in the whole book.	W. S., One of the clerks of the Upper Bench Office.; J. W.; Sheppard, William, d. 1675?, attributed name.; Small, William, 17th cent, attributed name.	1653 (1653)	Wing S3185; Thomason E210_1; ESTC R10408	294,804	288

form of the Statute aforesaid in manner and form as he the same T. above by his Declaration alleadgeth and of this he puts himselfe upon the Countrey And the aforesaid T. A. who as well prosecutes for our Lady the Queen as for himselfe in like manner c. Vpon the Statute of Mayntenance where the Defendant took promise to have parcell of the Land Declar. as before yet the aforesaid R. little weighing the Statute aforesaid after the publishing the Act aforesaid to wit such a day and yeare at Derby for a certaine summe of money between him the said R and one W. L. of C. in the County of W. Yeoman agreed upon took of the same W. a promise to have the Moyetie of eight Messuages three Cottages and twenty Acres of Land with the Appurtenances in Derby of which said Moyetie of the same Tenements with the Appurtenances the aforesaid W. or any of his Predecessors or he by whom the said W. clayms the same Moyetie with the Appurtenances was not nor were not in possession nor seised of the same in Reversion or Remainder nor did receive or recovered the Rent or profits thereof by the space of one whole yeare next before the promise aforesaid thereupon made And the same W. B. sayes that the aforesaid R. D. the aforesaid time of the promise of the Moyetie of the Tenements aforesaid with the Appurtenances in form aforesaid made known that the aforesaid W. L. or any of his Antecessors or those by whom the same W. claimes the same Moyetie was not nor ever were in possession nor seised of the same Moyetie with the Appurtenances in Reversion or Remainder nor did receive or received the Rents or profits thereof by the space of one whole yeare next before the promise thereupon made And further the same W. sayes that the true and entire value of the Moyetie of the Tenements aforesaid with the Appurtenances in manner and forme of the aforesaid promise in the aforesaid time of the same promise did amount to the summe of 200. Marks By which the Action did accrue to him the said W. who as well c. to require and have of the aforesaid R. for the aforesaid Lady the Queen and for himselfe the aforesayd 200 Marks the value of the Tenements aforesaid with the Appurtenances against the forme of the Act aforesaid so promised yet the said R. although often required the aforesaid 200 Marks to him the said W. who as well c. he hath not as yet rendered but the same him to render hitherto hath denied and as yet denyeth Whereupon the same W. who as well c. sayes that he is worsted and hath damage to the value of twenty pounds and thereupon he brings his Suit c. And the aforesaid R. by D.C. his Attorney comes and defends the force and injury when c. and by Protestation in that the aforesaid W. was in possession of the aforesaid Moetyie of the Tenements aforesaid with the Appurtenances and receaved the Rents and profits thereof by the space of the aforesaid one whole yeare next before the aforesaid one and twentieth day of July in the sixth yeare aforesaid By protestation also that the true and entire value of the aforesaid Moyetie of the Tenements aforesaid with the Appurtenances the aforesaid one and twentieth day of July did not amount to the aforesaid summe of two hundred Marks For Plea the same R. saith that he took not of the aforesaid W. L. the promise to have the Moyetie of the Tenements aforesaid with the Appurtenances against the forme of the Statute aforesaid as the aforesaid W. B. by his Declaration aforesaid above against him supposeth And of this he puts himselfe upon the Countrey and the aforesaid W. B. in like manner c. Declaration upon the Statute of scandall mayntenance of 2 Richard the 2. Damage recovered by the Bishop of Winester against T. Iones upon this Action See Trin. 2 H. 8. rol 30. The like Easter 7 Hen. 8. Rol. 43. SVff T. Lucas late of London Gent. was attached to answer Edward D●●e of Buckingham of a Plea Wherefore whereas in the Parliament of our Lord King Richard the second late King of England after the Conquest held at Gloucester in the second yeare of his Raign published ●mongst other things it is ordained and strictly prohibited none should be so bold as to affront speak against or defame the Prelates Dukes Earles or Barons of his Realme of England nor of the Chancellor Treasurer or Clerk of the private seale Steward of his house-hold Justices of our Bench nor of other great Officers of the Kingdome aforesaid by any false newes lies or any the like false scandals whereby any scandall or discords within the aforesaid Kingdome may arise And that whosoever should do this should have and incurre the punishment otherwise thereupon ordayned by the Statute of Westminster the first as in the same Statute more fully is contained yet the aforesaid T. L. little weighing the aforesaid Statute divers false and horrible lyes of the aforesaid Duke then being one of the Peares of this Kingdome at Rasbie scandalously spoke and reported and in English words publickly published the words subscribed in English following that is to say That the said Thomas said that he set not by the Duke two pence and that the sayd Duke hath no more conscience then a Dog and so the said Duke may have goods he force not how he come thereby Whereby great scandall and discord to him the said Duke then there within the said Kingdome might arise in contempt of our said Lord the King that now is and to the dammage of him the said Duke one thousand pounds and against the forme of the Statute aforesaid c And whereupon the same Duke by I.C. his Attorney sayes c. that the aforesaid T. Lucas the Statute aforesayd little weighing such a day and yeare diverse false and horrible lyes of the aforesaid Duke then one of the Peares of this Kingdome being at R in the County of Suffolk aforesaid scandalously spoke and reported and in English words publickly published the words subscribed in English following that is to say that c. Whereby great scandall and discord to him the said Duke then there within the said Realme might arise in the contempt of our Lord the King that now is and to the damage of him the said Duke one thousand pounds c. And against the forme of the Statute aforesaid and thereupon he brings his Suit c. HErtf ss Richard Warnecomb lately of c. under-Sherife of T.C. Esquier Sherife of the County aforesaid Declaration upon the Statute of 23. Hen. 6. against Extorrion in any Sherifs c. Mich. 2● Hen. 8. Rollo 358. was summoned to answer I. E. who prosecutes as well for our Lord the King as for himself of a Plea that he render him forty pound which he owes him and unjustly detaines c. And whereupon the same I.

appurtenances in those years of the Lord depasturing feeding and lying c. and so repeat all the Tithes the Defendant sued for in the 8th day of October in the 31. year of the Reign of the said now Queen at London that is to say in the Parish of the blessed Mary in the Arches c. drew into Plea and the said Defendant him the said V. the now Plaintif into the said Court Christian before the said spirituall Judge by the said occasion altogether unjustly inforced to appear and to answer unto the Defendant of and in the premisses And although the said V. the now Plaintif the said Statute and the rest of the premisses in discharge of the payment of the said Tithes by the said Defendant in the said Court Christian as afore it is said being required often had pleaded and alleged and had brought to prove that truth inevitable testimony Notwithstanding which the said spirituall Judge altogether refused to admit that Plea and Allegation And the said Defendant him the said V. the now Plaintif in the said Court Christian in the said Cause of Substraction of the Tithes aforesaid with all his force indevoured and from day to day devised to condemn and to compell to pay the said Tithes unto him by the definitive Sentence of the said Christian Court. Delivery of the Writ of Prohibition alleged And although the Writ of Prohibition of the said now Queen unto the said Defendant the third day of November in the 31. year of the Reign of the said now Queen aforesaid at London aforesaid in the Parish of c. in this behalf in the premisses directed and was delivered Notwithstanding the said Defendant the said Plea after that Prohibition unto him to the Contrary thereof directed delivered as afore is said that is to say the seventh day of November in the 31. year of the Reign of the said now Queen abovesaid in the said Court Christian before the spirituall Judge at London aforesaid in the Parish c. was further sued and in that Plea proceeded notwithstanding the said Writ of the said Queen of Prohibition unto him in form aforesaid directed and delivered to the contempt of the said now Queen and to the manifest damage prejudice Impoverishment and grief of him the said V. the now Plaintif and against the form and effect of the said Acts and Statutes whereupon the said V. the now Plaintif who aswell c. saith that he is the worse and hath damage to the value of 26. pounds And thereupon aswell for the said Queen as for himself produceth the Sute c. with this that the sayd V. the now Plaintif will prove that the sayd V.R. who demised the said Tenements with th' appurtenances called the Demesns unto the said V. the now Plaintif in form aforesaid is yet alive and in full life at B. with N. aforesaid remaineth And the said Defendant by Stephen Worley his Attorney commeth Defendant saith that the Abbot did not hold the Tenements discharged from the payment of Tithes and defendeth the force and Injury when c. all Contempt and whatsoever c. And saith that he did not sue the said Plea in the Court Christian aforesaid after the Queens Prohibition unto him to the contrary thereof first directed and delivered in manner and form as the said Plaintif above and against him Complaineth And of this c. And the said c. But for Consultation of the said now Queen thereupon had the said Defendant protesting that the said Rectory is not nor from the time c. was a Rectory appropriate Protestation and protesting also that the said late Abbot of the said late Monastery of the blessed Mary and St. Egwyn of Evesham aforesaid at the said time of the dissolution and suppression of the said late Monastery by all his Predecessors Abbots of the same late Monastery for the time being from the time of which to the contrary c. were not seized aswell of the Rectory aforesaid with th' appurtenances as of the said 500. acres of land 40. acres of Meadow and 100. acres of Pasture with th' appurtenances in B. with N. aforesaid called the Demesns Together at once and all at once together at once and all at once in his Demesn as of Fee in the right of his said late Monastery And also protesting that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being did not hold the said Tenements with th'appurtenance called the Demesns and every parcell thereof from the time of which to the contrary c untill the said time of the dissolution or suppression of the said late Monastery in manner and form as the said Plaintif afore against him complaineth for Plea the said Defendant saith that the said late Abbot at the said time of the dissolution or suppression of that Monastery did not hold and enjoy the said Tenements called the Demesns and every parcell thereof discharged and acquitted of and from the payment of the said Tithes in manner and form as the said Plaintif before against him complaineth And of this c. And the said c. therefore c. England ss Mich. 11. 22. of Eliz. Statute of 13. R. 2. MEmorandum that such a day in that same Term before the said Queen at Westminster came Jo. Osborn in his proper person and giveth the Court of the said now Queen here to be understood that whereas in the Statute in Parliament of the late Lord Richard late King of England the second after the Conquest at Westminster in the County of Middlesex in the 13th year of his Reign held published amongst other things that the said Admiralls or their Deputies of any business within the Kingdom of England unless onely of a matter upon the Sea done Suggestion for a Prohibition to the Admiralty for that it holdeth Plea for words Statute of 15. year of R. 2. as in the time of the said now Queen Elizabeth the third year of the Reign of _____ late King of England was duly used and in no wayes whatsoever they themselves should hinder And whereas also in the Statute in Parliament of the late King Richard the second at Westminster aforesaid in the 15th year of his Reign held amongst other things Ordeined and firmly it remaineth that all manner of Contracts Pleas and Plaints and all other matters arising within the body of the County aswell by Land as by Water and also of Wreck of Sea the Court of Admiralty should in no wayes have the Cognizance power nor Jurisdiction Cognizance of Plea And that all such Contracts Pleas and Plaints and all other Emergencies within the body of the County aswell by Land as by Water as before is said and also Wreek of Sea should be tryed ended discussed and remedied by the Lawes of the Land and not before the Admirall nor by the Admirall nor by his Deputy in any

I. and B. But because it is not known to the Justices here what Damages the aforesaid W. hath susteined aswell by occasion of the Trespass aforesaid as for his Costs and Charges by him about his Sute in that behalf layd out c. Command is given to the Sheriff that by the Oath c. And the Inquisition which c. the Sheriff is to make appear here in eight dayes of St. Hillary under the Seal c. and the Seals c. At which day here came the aforesaid W. by his Attorney aforesaid And the Sheriffs to wit Humphrey Weld and Roger Clark now here Retorned a certain Inquisition taken before them at Guild-hall in the Citie of London situate in the Parish of Saint Lawrence in the Old Jury in the VVard of Cheap London the twenty sixth day of Aprill last past by the oath of twelve honest men c. by which it remains found that the aforesaid W. hath susteined Damage by occasion of the Trespass aforesaid over and above his Costs and Charges by him about his Sute in that behalf layed out to Fourty pounds and for those Costs and Charges to twenty six shillings and 8. pence Therefore it is considered that the aforesaid W. should recover against the aforesaid I. and B. his Damages c. Declaration in Trespass with a Continuance ss R. A. Complains of I. H. in the Custody of the Marshall of the Marshalsees c. for that that he the said I. the first day of October in the ninth year of the Reign of our Lord King James that now is by force and arms c. the Close of him the said R. called E. Conteining by estimation three acres lying and being in B. in the County aforesaid he did break and enter And his grasse there to the value of five pounds there then growing with walking up and down with his feet he did tread down and consume And other of his grass to the value of forty shillings there then likewise growing to the value of forty shillings with his Cattell that is to say with Horses Oxen Cows Hogs and Sheep he did eat up tread down and consume The Trespass aforesaid as to the treading down and consuming the grass aforesaid walking with his feet from the aforesaid first day of October in the ninth year aforesaid unto the day of the obtaining of this Bill to wit the ninth day of October in the ninth year aforesaid by divers dayes and seasons continuing And other harms to him he then and there did against the Peace of our said Lord the King that now is and to the Damage of him the said R. of ten pounds And thereupon he brings his Sute c. ANd they the said T N and J by H F Justification in trespass for that the ten●ments in which c. were customary lands and were granted by copy of court roll unto K. Joane and John and to either of them as long as they live and after that R. and John dies and afterwards the said Ioane took to ●usband one T. now one of the Defendants c. his Atttorney cometh and defendeth the Force and Wrong when c. And as the coming with force and armes c not guilty c and at to the residue of the said Trespasse afore supposed to be done they the same T and N say that the said C no action because he saith that the said Close and also the places in which the said Trespasse is supposed to be done are and at the said time of that Trespasse supposed to be done were one Messuage and halfe a yard of Land with the appurtenances in R. aforesaid which said Messuage and halfe a yard of Land with the appurtenances are and at the said time in which c and also from the time of which contrary c were parcell of the Mannor of B in the said County of which said Mannor with the appurtenances one T W late Prior of the late Priory of the Blessed M. of B in the said County late dissolved before the said time in which c. was seized in Demesne as of fee in the right of his said Priory and that the said Tenements with the appurtenances whereof c are and at the said time in which c. and also from all the said time were demised and demisable by Copy of Court Roll of the said Mannor by the Lord of that Mannor or by his steward of the Court of the same Mannor for the time being unto whatsoever person or persons willing to take the same in fee simple fee tail for Tearm of life or years at the Will of the Lord according to the custome of the said mannor and the said Prior of the said mannor with the appurtenances so seized the said late Prior before the said time in which c That is to say at the court of him the said late Prior held at the said mannor on VVednesday in the vigills of Saint George the martyr in the 24. year of the Reign of the late Lord Henry King of England after the conquest the eighth by one T C Knight then his steward of the Court of his said mannor granted the said Tenements with the appurtenances whereof c. unto one R J and the aforesaid Johanne to have and to hold to them the said Richard Johanne and John to the tearm of their and either of their Life 's as long as they live successively by copy of court Roll of the said mannor at the will of the Lord according to the Custome of that mannor by colour of which said grant the said R I. and I. were seized in the said Tenements with the appurtenances in their demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor and they the said R. and J. afterwards and before the said time in which c died and the said Iohanne them survived and held her selfe in the said Tenements with the appurtenances in her demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor by the Right of increase Right of increase and she the said I. so thereof being seized the same I. before the said time in which c. took to husband him the said T. N by which they the said T. and I. were and as yet are seized of the said Tenements with the appurtenances in their demesne as of freehold in the Right of him the said I. at the will of the Lord according to the custome of the said Mannor And the said C. claiming the said Tenements by colour of the same Grant of copy of court Roll unto him thereof made for tearm of his life by the said late Prior long before the said Grant by the same late Prior thereof unto the said R. I. and I. in form aforesaid made Colour by copy of court Roll. where nothing of the said Tenements with the appurtenances in the

B. his Attorney comes and defends the force and injury when c. by protestation that he the time wherein it is supposed the aforesaid A. with him the said T. for the Oxen aforesaid to have bargained had no Oxen but what were sound and in good health and that he sold not to him the said A. the aforesaid twenty Oxen for plea he saith that he did not warrant the same Oxen to be sound and in good health as the same A. by his Writ and Declaration above supposeth And of this hee puts himselfe upon the Country And the aforesaid A. in like manner Action of the case upon a promise upon a bargaine Sur. T. B. complaines of VV. R. and VV.B. Tanners in the custody of the Marshall c. for that whereas the same W. W. such a day and year and place had agreed with him the said T. to buy of him the hides and skins of all and singular the Oxen Horses Cowes and Calves which he the said T. from the aforesaid such a day untill such a day then next following should happen to kill or slay the aforesaid W. and W. in consideration thereof did assume upon themselves and unto him the said W. W. did then and there faithfully promise that they the said W. and W. would well and truly pay to him the said T. for every hide of each such Oxe or Heifer by him the said T. within the time aforesaid killed or slaine and by the same T. to them the said W. and VV. within that time delivered 3 s. 4 d. and for every hide of a Cow by him the said T. within the time aforesaid killed and as aforesaid delivered two shillings And for every dozen of the Calves skins by him the said T. within the time aforesaid as is aforesaid killed and delivered foure shillings By reason of which said promise and assumption of them the said VV. and W. in forme aforesaid made he the said T.B. five hundred and three hides of Oxen and Heifers two and fifty hides of Cows and fifty dozen of Calves skins by him the said T. within the time aforesaid killed according to the forme of the bargaine aforesaid to the aforesaid VV. and W. at divers dayes and seasons within the time aforesaid at S. aforesaid he did deliver the true value and price of all the hides and skinnes aforesaid in forme aforesaid delivered according to the bargaine aforesaid doe amount unto the summe of 88 l. 16 s. and 10 d. And the aforesaid T. B. trusting to the true and faithfull payment of them the said W. W. of the aforesaid 88 l. 16 s. and 10 d. at the aforesaid such a day according to the bargaine aforesaid to him faithfully to be paid and contented such a day yeare and place had assumed upon himselfe and faithfully promised to one R. B and divers other persons to whom the aforesaid T. was then indebted to pay them the like summe of money yet the aforesaid W. and W. not ignorant of the premises knowing the aforesaid T. to have promised the payment of the aforesaid summe of 88 l. 16 s. and 10 d. to the aforesaid R.B. and divers other persons to whom he as aforesaid then stood indebted plotting and contriving him the said T. in that behalfe craftily and subtilly to deceive and defraud although they the said W. and W. such a day and yeare and often afterwards at S. aforesaid have beene required to pay to him the said T. B. the aforesaid 88 l. 16 s. and 10 d. according to the bargaine aforesaid to him the said T. B. hitherto they have not paid nor either of them hath paid by reason whereof hee the said T. B. his day of payment with the aforesaid R. B. and divers other persons to whom hee the said T. B. as aforesaid then stood indebted in no wise could keepe And so the same T. B. of his fidelity trust and credit in his name and the businesses wherein with the same R. and other honest persons he was used to have in buying selling and lawfully bargaining hee stands much hurt worsted and lessened and in very many other troubles charges and expences by that occasion burdened wearied and vexed to his damage 150 l. And thereupon hee brings his suit c. I. H. complaines of N. B. in the custody of the Marshall Action of the case against one for playing with false Dice c. for that that is to say whereas the aforesaid N. plotting and subtilly intending him the said I. to defraud and deceive and divers great summes of money from him the said I. fraudulently and subtilly to obtaine did such a day yeare and place intice stirre up and procure him the said I. to play at Dice with him the said N. at a certaine play at Dice called Five or Nine for divers summes of money By whose said N. his inticement and stirring up hee the said I. with the aforesaid N. at Dice at the play aforesaid called Five or Nine certaine Dice truly marked and even to him the said I. he did then and there deliver to them withall And when these Dice in course happened to come to the hands of him the said N. hee the said N. these true Dice then and there subtilly and fraudulently he withdrew and certain other false Dice on which the numbers of Five or Nine by any chance could never happen subtilly falsely and fraudulently he then and there cast downe and with the same fa●se Dice hee then and there played by reason of which he the said I. great summes of money in the whole amounting to 41 l. 6 s. and 8 d. of lawfull money of England to the aforesaid N at that play he then and there lost and thereupon by the aforesaid N. subtilly fraudulently and covinously was deceived and defrauded to the damage of him the said I. 50 l. And thereupon hee brings his suit c. RIchard Morley complains of Iohn Clarke in the custody of the Marshall c. for that whereas he the said R. such a day yeare Action of the case upon trover of a Recog●izance and place was possessed of a certaine writing obligatory with the seale of him the said I. C. signed and such a day yeare and place before G. D. then Mayor of the City aforesaid and I. B. Gentleman then Clarke deputed for the taking of acknowledgements of Recognizances of debts in the same City by which the aforesaid I. C. by the name of J.C. of c. acknowledged himselfe to owe unto the said R. by the name of R. M. of c. 200 l. of lawfull money of England to bee paid to him the said R.M. at the feast of the Nativity of St. Iohn Baptist then next following as of his proper writing And he being thereof possessed hee the said R. that writing afterwards to wit such a day yeare and place out of his hands and possession hee did casually lose and let goe which said writing so