done they fled And the same Thomas Berd them speedily followed from Town to Town unto the four next adjoyning Villages And with or untill c. And if the same Felons who now appear the Felonie aforesaid of the Robbery aforesaid upon them above put will denie the same Thomas Berd is here ready to prove this against them as the Court c. And the aforesaid Joan and some of the Defendants in their proper persons came and defended the force and injury when and all Felony and whatsoever c. Not guilty for some of the Defendants And say that they are not guilty And of this they put themselves c. And the aforesaid Thomas Berd in like manner c. Therefore the Jury thereupon is to come before our Lord the King in eight dayes of the Purification of the blessed Virgin Mary And who neither c. to Recognize c. Because aswell c. The same day is given to the parties now appearing And upon this the same Joan Bayl for some of the Defendants and Thomas Ireland and others are delivered over in Bayl unto Iohn Methole of c. and three other Manucaptors c. before our Lord the King at the aforesaid Town c. At which day before Default after Issue by one c. the aforesaid Thomas Berd solemnly called to appear came not And the aforesaid Iohn Govor and others in their proper persons came And the aforesaid Ioan Govor and Thomas Ireland although solemnly called the fourth day of the Plea came not upon which the aforesaid Iohn Methole one of the Pledges of the aforesaid Thomas Ireland in his proper person came And said that the same Thomas Ireland is dead One of the Defendants dead and dyed at Huish neer Highbrigs in the said County of Somerset long before the said eight dayes of the Purification c. to wit such a day and this he is ready to avow whereupon he presumeth our Lord the King him upon the aforesaid occasion would acquit c. And upon this for that that it is sufficiently here in Court by credible men of the aforesaid Country testified that the aforesaid Thomas Ireland is dead and dyed in the form which is by the aforesaid Iohn Methole above alleged Cease of Process as to one and his Bayl by death Exigent against one who makes default after Issue which Thomas Croswell who prosecutes for our Lord the King on that behalf denyeth not It is considered that the process against the aforesaid Thomas Ireland and his pledges aforesaid on that behalf should cease c. And that the Manucaptors of the aforesaid Ioan Govor be taken c. And command is given to the Sheriff that he cause to be required the aforesaid Ioan from County to County untill c. she be wayved if not c. And if c. then he take her and her safely c. So that he have her body before our Lord the King from the day of Easter in one month wheresoever c. And upon this for that the aforesaid Thomas Berd the appeal aforesaid against the aforesaid Iohn Govor and others in form aforesaid prosecuteth not Judgement against the Plaintiff by default It is considered that the same Thomas Berd be taken c. And his pledges aforesaid of prosecuting be in mony c. And that the aforesaid Iohn Glovor of c. and others who above appeared as to the Sute of the aforesaid Thomas Berd go without day c. But as to the satisfying of our Lord the King being instantly spoken to in what manner of the premises upon them above put they would acquit themselves they say severally they are not guilty c. Not guilty as to the King And thereof of good or ill severally put themselves upon the Country Therefore the Jury thereupon is to come before our Lord the King in eight dayes of St. Hillary wheresoever c. And who neither c. to Recognize c. because aswell c. The same day is given to the parties aforesaid c. Bayl for those that are acquit by default And upon this the aforesaid Iohn Govor and others are delivered unto Bayl unto William Trigo and three other Manucaptors untill the aforesaid Term c. And so from day to day untill c. At which day before our Lord the King at Westminster came the aforesaid Iohn Govor Venirefacias and others in their proper persons and the Sheriff returns the names of 24. Jurors whereof none c. Distringas Jur ' Therefore command is given to the Sheriff that he should not omit c. but destroy c. by all the Lands And that of the issues c. And that he have the bodies of them before our Lord the King from the day of Easter in fifteen dayes wheresoever Ni. pri c. or before the beloved and faithfull of our Lord the King R. N. Knight chief Justice of our Lord the King of his Bench if before on Thursday next after c. at c. by form of the Statute c. come to make the Jury aforesaid c. The same day is given to the aforesaid Iohn Govor and others c. Continuance of the Jurat ' And the Process thereupon continued by the Jury thereupon put It is put in respite before our Lord the King untill from the day c. Unless the Iustices of our Lord the King at the Assizes c. first such a day c. at c. by the form of the Statute c. comes for default of Jurors c. At which said fifteen dayes from the day of Easter before our Lord the King at Westminster came the aforesaid Iohn Govor and others c. in their proper persons And the aforesaid Iustices at the Assizes c. before whom c. sent the Record c. in those words afterwards the day and place within conteined before c. came the aforesaid Iohn Govor c. in their proper persons and the Iurors c. being called in like manner came And upon this Proclamation being made as the manner as if any for the Lord the King could enform the Jurors of the Jury whereof within is made mention of the within-contained he should come and he should be heard But none appeared to do this Whereupon it was proceeded into the taking of the Jury aforesaid by the oath of the twelve who to speak to the truth of the within-contained being chosen Verdict for the Defendants tryed and sworn say upon their oaths that the aforesaid Iohn Govor and others c. are in nothing guilty of the Robbery of the within written Thomas Berd as the aforesaid Iohn Govor c. within by pleading have alleged nor upon that occasion ever withdrew themselves nor any of them ever withdrew himself and they Assess the Damages of each the aforesaid Iohn Govor c. having respect aswell to the Imprisonment
ought not to have his action against them c. because by protestation they say that the aforesaid A. was never taken and deteined in Prison of the Marshalsee of our Lord the King before him the said King by reason of the Indictment aforesaid in manner and form as he above hath declared yet for Plea they say that long before the Conspiracie aforesaid supposed to be made the aforesaid E.P. I.G. T.C. T.S. and A.H. the aforesaid seventh day of October in the tenth year of our Lord the King that now is aforesaid by force and arms that is to say with Swords Staves and Knives at S. aforesaid in the aforesaid County of Lincoln the Close and House of the aforesaid R. B. they did break and enter and one Cart-load of Hay to the value of six shillings eight pence of the goods and chattels of him the said R. B. then and there found they riotously took and carried away And for that that the aforesaid A. P. was there present at S. aforesaid at the said time of the Riot and Trespasse aforesaid committed And in like manner that the common voice and fame was that the Riot and Trespass aforesaid was done and committed by the Command of the aforesaid A. and the aforesaid R. B. after the Riot and Trespass aforesaid committed and before the Conspiracie aforesaid supposed to be made came to the aforesaid T. G. unto B. in the County aforesaid for that the same T. G. was learned in the Law of 〈◊〉 Land And to him the said T. G. reported the whole matter 〈◊〉 Riot and Trespass aforesaid And prayed Counsell of him the 〈◊〉 T. what in that matter was fit to be done And the foresaid T. G. then and there demanded of the aforesaid R. B. whether he had any testimony of the Riot and Trespass aforesaid And the same R. R. said that the aforesaid I. P. was present at the same time of the Riot and Trespass aforesaid committed and knows to testifie all the premisses said by the said R. B. to be true By reason whereof they the same T. G. I. P. and R. B. had suspition that the aforesaid A. was guiltie of the Riot and Trespass aforesaid Upon which the same T.G. I.P. and R. B. after and before the time of the Conspiracie aforesaid supposed to be made at C. aforesaid in the County aforesaid had conference together of the Riot and Trespass aforesaid in form aforesaid committed and what was further more fit to be done for the punishment and reformation of the aforesaid Riot and Trespass Upon which the aforesaid T. G. then and there Counselled the aforesaid R. B. and I. P. that they should be at C. aforesaid in the County aforesaid at the next Generall Sessions of the Peace there to be held to shew the Justices of the Peace of our Lord the King of the Riot and Trespass aforesaid to that intention that the same Justices at the same Sessions of the Peace may be able to make Enquirie of the same Riot and Trespass amongst other things By which they the same R. B. and I. P. on the said Tuesday next before c. at C. aforesaid before W. Tirwhit R. Tirwhit and W. H. Knights and other Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanors in the parts of Lindsey in the County aforesaid committed they came and to the same Justices then and there in full Court sitting they gave information of the Riot and Trespass aforesaid And to them a certain Bill conâ—eining the Riot and Trespass aforesaid by the aforesaid A.E. I.G. T.E. T.S. c. committed then and there did exhibite and deliver which said Bill the aforesaid Justices of the Peace there to certain persons of the same County then and there to enquire of the Riot and Trespass aforesaid amongst other things there sworn they did deliver thereupon to declare the truth of the premisses And further the same R. B. and I. P. say that they before the aforesaid Justices at their Command were sworn to declare true information and evidence to the aforesaid Jurie to the matter conteined in that Bill By vertue whereof they the said R. B. and J. P. to the same Jurie of the Riot and Trespass aforesaid gave Evidence Which said Conference of the aforesaid T.G. R.B. and I.P. of the premisses in form aforesaid and the exhibition of the aforesaid Bill to the aforesaid Justices of the Peace as also the information and declaration of the Evidence aforesaid to the aforesaid Jury in form aforesaid are the same Conspiracie whereof the aforesaid A. P. now complains of And this c. whereupon he prayes Judgement whether the aforesaid A. should have his action c. And the aforesaid A. sayes that he by any thing The Plaintif replies that they Conspired of their proper injurie without any such cause c. ought not to be debarred c. because he saith that they the said T.G. R.B. and I. P. the aforesaid time of the Conspiracie aforesaid made of their proper injurie and malice and without such cause by them the said T. G. R. B. and I. P. above by pleading alleged him the said A. together with the aforesaid E. P. I. â— T.C. T.S. A.H. and E. P. of the Riot and Trespass aforesaid to be indicted and him the said A. upon the occasion to be taken and in Prison aforesaid to be deteined falsly and maliciously they procured in manner and form as the aforesaid A. above against them complaineth And this he prayeth may be Enquired of by the Countrey And the aforesaid T.G. R.B. and I. P. in like manner c. Therefore c. N. L. lately of Trucleston in the County aforesaid Knight Declaration in a Writ of Conspiracie upon the Statute of 8. Her 6. where one of the Defendants approves upon the Distringas and the other upon the attachment Mich. 15. Hen. 7. Roll. 35. in mony for many defaults c. the same N. and R. A. lately of I. in the Parish of H. Yeoman and I.S. lately of A. in the County aforesaid Yeoman and I.H. lately of M. in the County aforesaid Taylor were attached to answer aswell our Lord the King as Y. M. lately called T. M. of Westminster in the County of Middlesex Spinster of a Plea wherefore whereas in the Statute in the Parliament of our Lord Henry the sixth late King of England at Westminster in the eighth year of his Reign hold It is Ordeined and established that every of the Liege people of our Lord the King of treason felony or Trespass by any Indictment or appeal before Justices of the Peace or any other having power to take the same Indictments or Appeals or any Commissioners or Justices in any County Libertie or Franchise of England to be taken Indicted or appelled dwelling in any County other than where the same Indictment or appeal was taken and afterwards
dayes of St. Michael wheresoever c. 24. c. of the visonage of H. by whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid c. And as to this that the aforesaid W. allegeth that there is had such a Record in which is contained that he together with other c. were sworn c. And calls that to be upon Record in the Rols of the aforesaid late Iustices of the Peace under the custody of the Iustices of the Peace of our Lord the King that now is in the County aforesaid residing It is said by the Court here that the same W. have that Record at his Perill before our Lord the King at the aforesaid dayes of St. Michael if it shall seem expedient unto him and upon this the same W. prayes a Writ of certiorare c. And it is granted unto him By which command is to the same Justices of our Lord the King that now is that having searched the Rols and other their Remembrances in their custodie being of Record and what thereupon of the premises they shall find in them to our Lord the King at the aforesaid eight dayes of St. Michael they send the same day is given to the parties aforesaid c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the aforesaid Thomas Dorham lately Iustice of the Peace of the aforesaid late King and Iustice of the peace of our said Lord the King that now is to whom the Writ of our Lord the King that now is was directed to certifie c. To him the said Lord the King hath certified as followeth In the Inquisition c. And as to that that it was commanded the Sheriff that he should cause to come between the said R. and I. 24. c. to make the Iury aforesaid And the Sheriff returns the names of the 24. whereof none c. Therefore command is given to the Sheriff that he destrein them c. that they be before our Lord the King in eight dayes of St. Hilary wheresoever c. to make the Iury aforesaid the same day c. that is to say aswell to the aforesaid I. thereupon as to the said W. in the state they are now in of hearing the aforesaid certifying because the Court is not advised c. A Declaration in the nature of Conspiracy for cousening one to be falsly Indicted for a common Barenton Trin. 1. Jacobi Regis Rot. 869. LOndon ss William Berkwith complains of R. P. L. G. and E. M. in the custody of the Marshall c. for that whereas the same W. was a good true and lawfull c. And of a good name same and reputation c. and without any crime of Baretory seditiousness or causer of any Murder Manslaughter or disturber of the peace of our Lord the King untouched unaccusused and unspotted hath hitherto remained By reason whereof c. yet the aforesaid Defendants not ignorant of the premises plotting c. such a day and year at London in the Parish of St. Laurence in the old Iury London in the Ward of Cheap London before R. Salstonstall then Maior of the City aforesaid W. VVeb and I. Spencer Knights Iustices of our Lady the Queen for the keeping of the peace in the Citie aforesaid and the Suburbs of the same as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours within the same City and the Suburbs thereof made and committed falsly and maliciously they caused and procured to be Indicted for that he the aforesaid Plaintiff such a day and year aforesaid having not God before his eyes but moved and seduced by a diabolicall instigation at London that is to say in the Parish of St. Sepulchers without Newgate in the Ward of Farington without in the Suburbs of the City of London aforesaid and divers other dayes and seasons aswell before as after that time within D. aforesaid was and yet is a very evill person of dishonest name fame and conversation a common Baretor and a great disturber of the Peace of our Lady the Queen so that he is very like to make and cause murder manslaughter strifes discords and other great grievances between the true and faithfull subjects of our Lady the Queen that now is to the great damage and hurt of the good and faithfull subjects of our said Lady the Queen and to the most pernicious example and evill encouragement of all other Malefactors in the like kind and against the peace of our said Lady the Queen her Crown and dignities as also against the form of the Statute in the like case published and provided Upon which afterwards command was to the Sheriffs of London by the Writ of our Lady the Queen that they should cause the aforesaid W. to come before the Justices of our Lady the Queen at the Gaol delivery of Newgate held for the City of London at the Justice Hall in the Old Baly in the Parish of St. Sepulchers in the Suburbs of the City aforesaid on Wednesday the 15. day of February in the 40. l. year aforesaid before R. Salstonstall Maior of the City aforesaid John Popham Knight chief Justice of the Pleas c. E. Anderson Knight chief Justice of the Common Bench Francis Darcy Knight R. Martyn Knight I. Hart Knight W. Web Knight John Croke Recorder of the City aforesaid S. Somes and N. Moseley Aldermen of the City aforesaid M. Dale and I. Dalton Esquires Justices of the Lady the Queen assigned for her Gaol delivery of Newgate aforesaid of the Prisoners therein being the aforesaid Plaintiff under the Custodie of H. Rowe and I. Moore Aldermen and Sheriffs of the City aforesaid at the Bar then and there brought in proper person before the aforesaid Iustices and then and there had to hear the Indictement aforesaid said that he of the Trespass and contempt in the Indictement aforesaid above specified was in nothing thereof guilty as in the Indictement aforesaid was supposed and of that he then put himself upon the Country and the aforesaid Queen in like manner c. Therefore it was commanded the aforesaid Sheriff of the City aforesaid that they cause to come before the Iustices aforesaid thereupon a Iury there immediatly and who neither c. To Recognize c. Because aswell c. And the Iurors of that Iurie by the aforesaid Sheriffs of the City aforesaid to that impanelled and called in like manner then and there came to wit I. L. T. R. c. and so recite the Iury who to speak to the truth of the premises in the Indictment aforesaid specified being chosen tryed and sworn said upon their oaths that the aforesaid Plaintiff was not guilty of the Trespass and contempt aforesaid in the Indictement aforesaid specified as by the same testimony was supposed Therefore it was then considered by
he in form by them the said William Skippon Iohn Green William Waters and Iohn Hitch had and procured the same Nicholas for making his purgation in that behalf according to the Law and cuâ—â—om of this Râ—alm of England being asked then to wit at the Gaol delivery aforesaid whether he were guilty of the Felony aforesaid whereof in form aforesaid he was endicted or no and thereupon he had sayd that he was not thereof guilty and of this had then put himself upon the Country as by the Record thereupon before the Justices remaining it is fully manifest and appears the aforesaid William Skippon John Green William Waters and Iohn Hitch by Conspiracie between them at Fakenham aforesaid in form aforesaid came before the aforesaid Justices at the Assizes aforesaid and to prove him the said Nicholas guilty of the Felony aforesaid before the same justices gave in evidence upon their oath to the Jury at the Assizes aforesaid impanelled charged and sworn to enquire of the good and ill That the same Nicholas the aforesaid Mary in form aforesaid had killed and murdered according to the form effect of the Endictment aforesaid by them in form aforesaid procured which said Jury more fully understanding the truth and the Conspiracie aforesaid as is aforesaid afore had then to wit at the Assizes aforesaid said upon their oath that he the said Nicholas was not guilty of the Felony aforesaid in manner and form as the same Nicholas was endicted and he the same Nicholas then before the Justices aforesaid at the Gaol delivery aforesaid according to the Law and custom of this Reaâ—m of England was acquitted By vertue of which said Conspiracie Endictment taking giving in evidence and detension in the Prison aforesaid of him the said Nicholas by them the said William Skippon Iohn Green William Waters and Iohn Hitch in form aforesaid had and procured the same Nicholas not only in great scandall and infamy as also in danger of his life and also of the loss of all his Goods and Chattels Lands and Tenements he was fallen and elapsed unto But also divers great sums of mony for the making of himself clear in that behalf was constrained and compelled to the Damage of him the said Nicholas two hundred pound c. Lincoln Declaration in Conspiracie brought by one who was Endicted together with others c. before the Justices of the Peace and afterwards acquit by the Justices of Assizes March 14. Hen. 6. Roâ— 6. ss T. G. lately of R. in the County aforesaid Gentleman I. P. of S. in the County aforesaid Husbandman and A.B. of the same in the County aforesaid Husbandman were attached to answer A. P. lately of S. in the County aforesaid Gentleman Wherefore by Conspiracie forehad between them the aforesaid A. P. together with E. P. lately of S. in the County aforesaid Gentleman I. G. of the same in the County aforesaid Yeoman T.C. of the same in the same County Yeoman T.S. of S. in the same County Husbandman A. H. of S. in the County aforesaid Husbandman and G.P. of B. in the County aforesaid Husbandman for that he such a day and year by force and Arms that is to say with Swords Staves and Knives and other â—urtfuâ—l weapons at S. aforesaid in the County aforesaid the Close and House of R. B. did break and enter and one Cart load of Hay of the price of six shillings and eight pence of the Goods and Chattels of him the said R. B. then and there found riotously took and carried away against the Peace of our Lord the King aforesaid at C. aforesaid to be Indicted and him the said A. upon that occasion to be taken and in the Priâ—on of the Marshalsee of our Lord the King in the Court of him the said Lord the King before him the said King held untill the same A. before Humphry Coningsbie Knight and Iohn Carrill Justices of our Lord the King at the Assizes in the County aforesaid assigned to be taken on Friday the Feast of St. Anne last past at the Castle of Lincoln in the County aforesaid according to the Law and custom of the Realm of our Lord the King of England he was thereof acquitted to be deteined falsly and maliciously at C. aforesaid they did procure to the great damage of him the said A. and against the form of the provision in that case provided And whereupon the same A. by VV. V. his Attorney complains that the aforesaid T.G. I.P. and R.B. by Conspiracie forehad between them at C. aforesaid in the County of Lincoln aforesaid on Tuesday next before such a Feast such a year aforesaid the aforesaid A. together with E. P. lately of S. in the County aforesaid Gent. and the rest as before for that he the seventh day of October in the tenth year of the Reign of our Lord the King aforesaid with force and arms that is to say Swords Staves and Knives and other most hurtfull weapons at S. aforesaid in the County aforesaid the Close and House of R. B. did break and Enter And one Cart-load of Hay to the value of six shillings and eight pence of the 〈◊〉 and chattells of him the said R. B. then and there found rioâ—â—â—â— he took and carried away against the Peace of our said Lord the â—â—ng at C. aforesaid on Tuesday next before such a feast such a year aforesaid before W. Tirwhit R. Terwhit and W. H. Knights and their Companions Justices of our Lord the King for the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the parts of Lindsey in the County aforesaid committed to be Indicted and him the said A. upon that occasion on Wednesday next after Fifteen dayes of Easter in such a year at VVestminster in the County of Middlesex to be taken and in the Prison of the Marshall of our Lord the King in the Court of him the said Lord the King before him the said King had untill the same A. before H.C. and I.C. Justices of our Lord the King at the Assizes in the said County of Lincoln assigned to be taken on Friday the Feast of St. Anne last past at the Castle of Lincoln in the County aforesaid according to the Law and Custom of the Realm of our Lord the King of England he was thereof acquitted to be deteined falsly and maliciously at C. aforesaid they procured against the form of the provision aforesaid Whereupon he saith that he is damnified One of the Defendants Iustifies as a Counsellour at Law and the other as Witnesses to testifie a Riot before the justices of the Peace which is the same Conspiracie whereof c. and hath damage to the value of forty pounds And thereupon he brings his Sute c. And the aforesaid T.G. I.P. and R. B. by I. L. their Attorney come and defend the force and injury when c. And all Conspiracie c. And say that the aforesaid A.
thereupon by Verdict should be duly acquitted should have his Writ and Action upon the Case against every procurer of such Indictment or appeal And that there be such Process in and upon the same Writ as of Trespass by force arms made And if such Procurer shall be convict in that behalf the Plaintif shall recover his Damages to the treble Provided alwayes that the said Ordinance extends not it self to an Indictment or Appeal taken or to be taken in the County of Chester as in the aforesaid Statute more fully is conteined The Indictment for breaking a House and Chest and taking away of goods Yet the aforesaid N. R. I. and R. at Winchester falsly and maliciously have procured the aforesaid T. for that he and T. L. lately of I. in the County aforesaid Labourer and others such a day and year by force and arms that is to say with Swords Staves Bowes and Arrows the House and Chest of R. A. at I. aforesaid they did break and enter and three Girdles Embroidered with Silk and Gold to the value of 40. shillings of the goods and chattels of the aforesaid R. A. then and there found feloniously they took and carried away against the peace of our said Lord the King before W. F. and I. H. and their Companions Justices of our said Lord the King of the peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanors in the aforesaid Countie of Southampton to be indicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of Middlesex dwelled and as yet dwells by which procurement the same T. so indicted by divers labours and Expences untill before the beloved and faithfull of our Lord the King T. Wood and I. Reed Justices of our Lord the King at the Assizes in the aforesaid County of Southampton assigned to be taken by the form of the Statute thereupon lately published and provided by Vertue of the Writ of our Lord the King of Nisi prius at Winton taken thereupon according to the Law and Custom of the Realm of our Lord the King of England was duly acquitted was grievously troubled and vexed in the Contempt of our said Lord the King that now is and his the said T. great damage and against the form of Statute aforesaid c. And whereupon the same T. who aswell c. by W. F. her Attorney complains that the aforesaid N. R. I. and I. the twelfth day of September such a year at Winton falsly and maliciously procured the aforesaid T. for that she and T. L. lately of H. in the County aforesaid Labourer and others the twenty sixth day of August in the second year of the Reign of our Lord the King that now is with force and arms that is to say with Swords c. the House and Chest of R. A. at I. aforesaid they did break and Enter and three Girdles embroydered with Silk and Gold to the value of forty shillings of the goods and chattells of the aforesaid R. A. then and there found feloniously they took and carried away against the Peace of our said Lord the King before W. F. and I. H. and their Companions then Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the aforesaid County of Southampton such a day and year at W. in the County of S. aforesaid to be Endicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of M. dwelt and as yet dwells By which procurement the same T. so indicted by divers labours and Expences untill before the faithfull and beloved c. T.W. and R. R. Justices of c. in the aforesaid County of S. assigned to be taken by the form of the Statute c. by vertue of the Writ of our Lord the King of Nisi prius on Monday next after the Teast c. such a year at Winton taken according to the Law c. then there was duly acquitted c. was grievously troubled and vexed in the Contempt of our Lord the King that now is and his the said T. great damages And against the form of the c. Whereupon he saies that he is worsted and hath damage to the value of 100. pounds And thereupon aswell c. he brings his Sute c. Southampton ss N. L. lately of c. Knight I. H. lately of The same by the man and the wife for Felonie supposed to be done by the wife where she was indicted before the Justices of the Peace and acquitted by the Justices of Assize by a Writ of Nisi prius c. Taylor and I. W. lately of c. Yeoman were attached to answer T. M. and T. his Wife lately called T. M. at Westminster in the County of Middlesex Spinster together with I. Waterman lately of T. in the County aforesaid Teoman of a Plea wherefore by Conspiracie at Winchester between them forehad the foresaid T. for that she and T. L. lately of T. in the County aforesaid Labourer and others such a day and year with force and arms that is to say with Swords Staves and Knives the House and Chest of H. at T. they broke and Entred and three Girdles Embroydered with Silk and Gold to the value of forty Shillings and two Table clothes to the value of twenty shillings of the goods and chattells of the said H. then and there found feloniously they took and carried away against the Peace of our Lord the King to be indicted and her the said T. upon that occasion to be taken and in the Prison of the Gaol of our Lord the King of Winchester untill the same T. in the Court of our Lord the King before the beloved and faithfull of him the said Lord the King T. W. and R. R. Justices of the Assizes of him the said Lord the King in the County aforesaid assigned to be taken by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius at Winchester according to the Law and Custom of the Realm of our Lord the King of England she was thereof acquitted to be detained falsly and maliciously they procured to the great damage of them the said T. M. and T. And against the form of the Ordinance in that case provided c. And whereupon the same T. M. and T. by VV. F. their Attorney complain that the aforesaid N.I.H. and I.VV. of I. c. together with c. by Conspiracie between them forehad such a day year and place the aforesaid T. for that she and T. L. lately of c. and others such a day and year by force and arms c. as before against the peace c. before VV.F. and I. H. and their Companions Iustices of our said Lord the King of the
peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours in the same County of S. on Monday next after such a Feast such a year at Winchester in the aforesaid County of S. to be Indicted and her upon that occasion such a day year and place to be taken and in the Prison of our Lord the King of his Gaol of Winchester Untill the same T. in the Court of our Lord the King before the beloved and faithfull of our said Lord the King T.VV. and R. R. Justices of the Assizes of our said Lord the King assigned to be taken in the County of S. by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius on Monday next after such a Feast such a year at Winchester taken according to the Law and custom of the Realm of our Lord the King of England thereupon he was there acquitted to be deteined falsly and maliciously they procured to the great damage of them the said T. M. and T. and against the form of the Ordinance in that case provided c. Whereupon they say that they are worsted and have damage to the value of 100. l. And thereupon they bring their sute c. One of the Defendants pleads not guilty and the other that at the time of the originall issuings c. he was inhabiting at Thrukleston and not at Truckleston and so not the same person And the aforesaid N. L. I. H. and I.VV. lately of I. c. by A.G. their Attorney come and defend the force and injury when c. And the aforesaid I. VV. and I. H. lately of I. say that they are in nothing guilty c. And upon this they puts themselves upon the Country c. And the aforesaid T. M. and D. in like manner c. And the aforesaid N. L. sayes that he the day of the issuing forth of the originall Writ of the aforesaid T. M. and T. was dwelling and conversant at Thruckleston in the County of S. without that that the same N. ever was dwelling oâ— conversant at Traxston as by the aforesaid Writ it is supposed and this he is ready to aver whereupon he prayes judgement of the Writ c. And the aforesaid T. M. and T. say that they by any thing by the aforesaid N. L. prealleged their Writ aforesaid ought not to be quashed because as to the Plea of the aforesaid N. L. in quashing of the Writ aforesaid above pleaded The same T.M. and T. say that the aforesaid Village of T. the said day of the obteining the originall Writ of them the said T. M. and T. to Wit the 6. day of January in the 9. year of the Reign of the King that now iâ— was known and called aswell by the name of the Viâ—lage of Truxston as by the Writ aforesaid is supposed as by the name of the Village of Truckleston and this they pray may be enquired of by the Country and the aforesaid N. in like manner Therefore the Jury thereupon is to come before our Lord the King from the day of St. Michael in fifteen dayes wheresoever of the Visonage of T. by whom c. And who neither c. to Recognize c. Because aswell c. The same day is given to the parties aforesaid now appearing c. ANd the aforesaid I. P. and W. by R. R. their Attorney come and defend the force and injury when Justification in Conspiracy for that the Defendant was one of the Jury with other Jurors before the Justices of the Peace at the Sessions c. And all Conspiracie and whatsoever c. And the aforesaid I. sayes that he is not guilty c. And of this he puts himself upon the Country and the aforesaid W. by Protestation acknowledging not any such Conspiracie as is above supposed But that the aforesaid R. ought not to have his action aforesaid against him because he sayes that at the time wherein the aforesaid R. supposeth himself in form aforesaid to be Indicted he then together with other Iurors by the Sheriff of the County aforesaid was impanelled and summoned to appear before the aforesaid late Iustices of the Peace at Norwich to doe there before the same Iustices of the Peace that which by the same Iustices on the behalf of our Lord the King should be enjoyned them by reason whereof he with other Iurors then and there before the same Iustices of the peace appeared and by the same Iustices of the Peace upon the book were sworn and changed by their oath to enquire for the King of all Felonies Trespasses and other articles in the Commission of our said late Lord the King Father of our Lord the King that now is to the aforesaid Iustices of the Peace directed conteined within the County aforesaid done or committed and he together with other Iurors before the aforesaid late Iustices of the Peace upon the book then sworn and charged him the said R. according to their conscience by form of Law of the Felonie in the Writ and Declaration above specified did Indict Which all and singular he is ready to aver Whereupon he expects not that the aforesaid R. ought not his action aforesaid for any Conspiracie in that Case to maintain against him c. And prayed judgement c. And the aforesaid R. sayes that he from his action of Conspiracie aforesaid against the aforesaid W. by any thing by him the said W. prealleged ought not to be debarred Because he saith that he the day and year c. in the Declaration above specified together with the aforesaid I. Conspired to Indict him the said R. of the Felony aforesaid Traverse in the form wherein he above by his Writ and Declaration supposeth Without that that there is had any such Record in which it is contained that he before the aforesaid Justices of the Peace together with other Jurors was sworn on him the said R. of the Felony aforesaid in form aforesaid as he above by pleading hath alleged and this he is ready to aver and for that he gain saith it not c. he prays judgment c. And the aforesaid W. by Rejoinder saith that there is had such a Record in which is contained that he before such and such late Justices of the Peace together with other Jurors was sworn and that they the aforesaid R. of the Felonies aforesaid in form aforesaid Indicted as he above by pleading hath alleged and this he avows in the Records in the Rolls of them the said late Iustices of the Peace under the custodie of the Iustices of the Peace of our Lord the King that now is in the County aforesaid reserved c. And the aforesaid R. in like manner c. Therefore as to that above of the issue pleaded above to be tryed Command is given to the Sheriff that he cause to come before our Lord the King in eight
the Justices aforesaid that the aforesaid Plaintiff should goe quit without day c. By reason of which said premises the aforesaid Plaintiff hath been enforced and compelled to expend and lay out great sums of mony and been at very great trouble and loss about the cleering of himself and the restitution of his good name fame and reputation and the evacuating and making voyd of the aforesaid Indictment To the damage of him the said Plaintiff of 100. l. And thereupon he brings his Sute c. Not guilty pleaded to this T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant ACTIONS OF CONTINUANCE CONTINUANCES AFterwards the Processe being thereupon continued between the parties aforesaid Continuance of a Decem tales upon the Roll. of the aforesaid Plea put here between them in respite before the Lord the King at VVestminster untill Tuesday next after fifteen dayes from the day of Easter from thence next following for default of Jurors c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Jurors of that Jury being called some of them came and some of them came not And because the residue of the Jurors of the aforesaid Jury appeared not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Friday next after the morrow of the holy Trinitie for want of Jurors c. Therefore the Sheriff is to have their bodies c. And he is to put ten others c. The same day is given to the parties aforesaid there c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Sheriff retorns the names of the ten others of which now c. And as to the further Execution if the Writ aforesaid the Sheriff retorns that the Writ aforesaid was so lately delivered unto him that for the shortnesse of time he could not make any further Execution Therefore the Jury is further put in respite before our Lord the King at Westminster untill Friday next after fifteen dayes of St. Michael for want of Jurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the Jurors of that Jury some of them came and some of them came not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Thursday next after from the day of St. Michael in three weeks for want of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid c. At which day before Continuance upon a Summons ad Auxiliand c. came the parties aforesaid by their Attorneys aforesaid And the Sheriff sent not thereupon the Writ Therefore it is commanded him as otherwise that he Summon by good Summoners the aforesaid W. that he be before c. such a day wheresoever c. to joyn himself in aid to the foresaid L. to expect and maintain that issue with the aforesaid L. if c. And further c. And as to the trying of those issues above joyned The Jury is thereupon to come before our Lord the King at the same Term wheresoever c. And who neither c. to Recognize c. Continuance of a Demurrer in Law and an Issue AT which day here came the parties aforesaid c. And because the Justices will advise themselves of and in the aforesaid Plea whereupon the parties aforesaid have above demurred in Law before they thereupon render Judgement Therefore day is given to the parties aforesaid here until eight daies of St. Hillary of hearing thereupon this judgement Because the Justices here have not as yet c. And as to the trying of the issue aforesaid between the same parties by the Countrey to be tried above joyned The Sheriff hath not sent the Writ Therefore as formerly Command is to the Sheriff that he cause to come at the same Term twelve c. To Recognize in form aforesaid c. Continuance of Scire facias in a Writ of Error AT which day before our Lord he King at Westminster came the aforesaid Plaintif in a Writ of Errour in his proper person And the Sheriff sent not the Writ thereupon c. Therefore as otherwise it is Commanded the Sheriff that by honest men c. he make known to the aforesaid Defendant that he be before our Lord the King such a day wheresoever c. To hear the Record and Processe aforesaid And further c. The same day is given to the aforesaid Plaintif by the aforesaid Manuceptors c. Continuance of a Judgement after Verdict AT which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here of their judgement to be rendred of and upon the Premisses are not as yet advised Therefore day is given to him the said Plaintif in the same state c. is now in before our Lord the King untill such a day wheresoever c. of hearing thereupon their judgement c. AT which day before our Lord the King at Westminster Continuance of an Exigent came the aforesaid Plaintif by his Attorney aforesaid And the aforesaid Defendant came not nor the Sheriff thereupon sent the Writ Therefore Command is to the Sheriff that if now he cause him to be called from County to County untill he shall be Outlawed if not c. And if c. then he shall take him and safely keep him so that he may have his body before our Lord the King such a day wheresoever c. AT which day before our Lord the King at Westminster Continuance of a Distringas in Attaint came aswell the parties aforesaid by their Attorneys aforesaid as the aforesaid three Jurors of the first inquisition formerly appearing in their proper persons And the Sheriff hath not sent the Writ Therefore the Jury of the tweny four Knights aforesaid remains to be taken before our Lord the King on the Morrow c. wheresoever c. for default of Jurors of the same Jury of 24. Knights c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of 24. Knights by all their lands c. And that of the issues c. So that he may have their bodyes before our Lord the King at the same Term The same day is given aswell to the parties aforesaid as to the aforesaid three Jurors of the first inquisition aforesaid now appearing c. THe Jury between C. S. by his Attorney Plaintif Continuanceâ— of a Jurata for want of Juror and a Decem Tales awarded and E. R. of
a Plea of Debt put in respite before our Lord the King at Westminster untill such day c. unless c. first c. at such a place c. by the form of the Statute c. Come for default of Jurors At which day before our Lord the King at Westminster came the parties aforesaid by their Attorney aforesaid And the aforesaid Justices before whom c. have sent here the Record of the Jury aforesaid before them had in these words Afterwards at the day and place aforesaid reciting the Record untill came as well the within named c. as the within written c. And the Jury likewise called some of them came and some of them came not as appears in the Panell c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King c. untill c. Therefore the Sheriff c. is to put ten such c. The same day is given to the parties aforesaid here c AT which day before our Lord the King at Westminster Continuance upon a matter in Law and Verdict came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here aswell of their judgement upon the Verdict aforesaid as of their judgement of the matter in Law above pleaded to be rendred are not as yet advised Day is thereupon further given to the said parties in the state wherein they are now before the Lord the King at Westminster untill eight dayes of St. Hillary wheresoever c. of hearing thereupon their judgement c. for that the Court of our Lord the King here is not as yet c. Continuance in Attaine where the Sheriff Retoâ—â—s not the Writ and out of the assent of the parties the Jury is not taken AT which day before our Lord the King at Westminster came as well the parties aforesaid by their Attorneys aforesaid as the aforesaid seven Jurors of the first Inquisition aforesaid formerly appearing in proper person And the Sheriff Retorns the Writ to our Lord the King thereupon in all things prepared and executed But the Jurors of those twenty four Knights aswell of the assent of the parties aforesaid and the aforesaid seven Jurors of the former Inquisition aforesaid as of the Jurors aforesaid of the twenty four Knights remains to be taken before our Lord the King untill the Morrow c. wheresoever c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of twenty four Knights by all their lands c. And that of the Issues c. And that he have their bodies c. before our Lord the King at the same Term c. the same day is given aswell to the parties aforesaid as to the aforesaid seven Jurors of the first Inquisition aforesaid now appearing c. Continuance by a Writ of adjournment BEfore which day the Plaint aforesaid was adjourned by the Writ of our Lord the King of Common adjournment untill eight dayes of St. Hillary then next following wheresoever c. At which said eight dayes of St. Hillary the Plaint aforesaid was further adjourned by the Writ of our Lord the King of Common adjournment untill from the day of Easter in fifteen dayes unto the Castle of Hertford At which day c. Continuance of the Jurata where the Plaintif acknowledgeth one of the Defendants to be dead AT which day came aswell the aforesaid P. as the aforesaid R. by their Attorneys aforesaid And the aforesaid P. sayes that the aforesaid A. is dead c. Therefore against him nothing is further thereupon to be done c. And thereupon the parties aforesaid now appearing The Sheriff thereupon sent not the Writ c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King untill in eight daies c. wheresoever c. for default of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid now appearing c. Continuance of a Jurata by the assent of the parties THe Jury between I. S. Esquire Plaintif and T. W. of c. of a Plea of Trespass put in respite here untill such a day c. aswell of the assent of the parties aforesaid as of the Iurors of the same Iury now here at this day to wit from the day of Easter c. appearing Therefore the Sheriff is to have their bodies c. THe Iury between T. W. Gent. by his Attorney Plaintif Jurata which serves either for debt trespass or Ejectione firme And G.D. of c. of such a Plea put in respite before our Lord the King at Westminster untill Tuesday next after Eight dayes of Saint Michael unlesse the Iustices of the Assizes of our Lord the King in the County aforesaid assigned to be taken first on Monday the eighth day of August at Newark upon Trent in the County aforesaid by the form of the Statute c. Come for default of Iurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. And it is to be known that the Writ of our Lord the King thereupon the fourth day of July in this self-same Term before our Lord the King at Westminster is delivered of Record to the Deputie of the Sheriff of the County aforesaid in form of Law to be Executed under a penaltie c. UNless the beloved and faithfull c. John Popham Knight This difference in Guild-hall London before the Chief Justice Chief Iustice of our Lord the King of the Pleas in the Court of him the said Lord the King before him the said King assigned to be held first on Saturday next after c. at Gild-hall London by form of the Statute c. as in the next before ACTIONS of COMMITTITVR COMMITTITUR Committitur of a Prisoner to the Marshall being under the Custodie of the Sheriff by a Case AFterwards to wit the twenty fifth day of May then next following before our Lord the King at Westminster came W. R. in his proper person under the Custody of the Sheriff of the County aforesaid in Execution for the damages aforesaid by vertue of the Writ of our Lord the King of Capias ad satisfaciendum to him the said Sheriff of and upon the Premisses directed which said R. is committed to the Marshall c. there to remain untill c. according to the form of the judgement aforesaid c. Committitur of a Prisoner upon a Case COmmand was to the Sheriff that he should take c. Whereof he is Convict And now here know aswell the aforesaid A. by his Attorney aforesaid as the aforesaid Defendant in his proper person by the Sheriff of the County aforesaid brought to the Bar And the Sheriff now retorns that he took the bodies of him the said Defendant And
the judgement in the same Record was rendred that he should be taken as if it were entred in the same Record within And nothing of Fine of that party because he is pardoned as the aforesaid I.S. by his Plea aforesaid above hath alleged And further the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the aforesaid Writ of our Lady the Queen further certifies that having serched the Rolls of Robert Berners Phillizer of the County of S. of the Term of Easter in the 41. year of the Reign of our Lady the Queen that now is he finds as within in these words appears That is say Pleas at Westminster before Edmund Anderson Knight and his fellows Justices of our Lady the Queen of her Bench here of the Term of Easter in the Reign of our Lady Elizabeth by the grace of God c. the 41. Roll 386. The Entry of the Warrant of admission with the Phillizer ss IOhn Mallows and W. E. are admitted by the Court of our Lady the Queen here to prosecute for I. S. who is within age as the next of Kindred of him the said I. S. against N. S. lately of c. Gentleman of a Plea of Trespass and assault Which said Writ so as aforesaid returned amongst the Records of this Court is filed Upon which the aforesaid I. S. sayes that in the Record and Process aforesaid nor in the rendring of the judgement aforesaid there is nothing erroniouâ— and prayes that the Court of our Lady the Queen here may proceed unto examination aswell of the Record and Process aforesaid as of the matters aforesaid above for errors assigned and that the judgement aforesaid may be affirmed And because the Court of our the Lady the Queen here of their judgement of and in the premises to be rendred are not as yet advised day thereupon is given to the parties aforesaid before our Lady the Queen untill eight dayes of St. Michael wheresoever c. of hearing thereupon their judgement for that the Court of our Lady the Queen here thereupon are not as yet At which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid and upon this all and singular the premises being by the Court of our Lady the Queen here seen and fully understood and mature deliberation thereupon had for that that it seems to the Court of the Lady the Queen here that aswell the aforesaid Writ of Certiorare to the aforesaid chief Justice of the Common Bench in form aforesaid issued and directed as the aforesaid answer of the same chief Justice of the Bench unto that Writ as now it remains filed upon Record before our Lady the Queen does not sufficiently and fully agree and answer the aforesaid allegation of the aforesaid I. S. as to the aforesaid custom oâ— the said Court of Bench for the entring of an admission of an Inâ—ant to prosecute by his next of Kindred in any his Pleas in the Rolls of the same Court where the Declaration of such infant is entred and enrolled by the aforesaid I. S. above a leged so that the same Court of our Lady the Queen before her the said Queen here for the incertaintie of the truth of such custom of the said Court of Bench in that behalf in form aforesaid alleged to their judgement of and upon the premises aswel on the part of the aforesaid N. S. in deniall as on the part of the aforesaid I. S. in affirmation to the judgement aforesaid above alleged cannot proceed Without more full information of the consciences of the Justices And that the Court of our Lady the Queen here before her the said Queen of the truth of the custom of the said Court of Bench in that behalf above alleged An Alias Cerâ—orare warded Therefore it is commanded the aforesaid chief Justice of the Bench aforesaid that he the full and whole certaintie and truth of the aforesaid custom of the said Court or Bench of the entrie of the admission of Infants to prosecute by their next of Kindred in personall Pleas in the same Court by the aforesaid I. S. above alleged to our Lady the Queen aforesaid from the day of St. Hilary in fifteen dayes wheresoever c. doe certifie together with the Writ thereupon to him directed c. The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid Chief Justice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed to her the said Lady the Queen at Westminster aforesaid at the same day certified The Return of the Cerâ—â—rare that in the said Court of our Lady the Queen of the Bench is had and from the time out of mind there hath been had such a custom used and approved in the same Court of Bench that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next of Kindred in any Plea entred and inrolled and to be entred and inrolled have been used and accustomed in the Roll where the Declaration in that Plea is entred and inrolled Which said Writ so as aforesaid returned together with the return thereupon amongst the Records of this Court is filed And upon this the aforesaid I. S. further prayes that the Court of our said Lady the Queen here may proceed to the Examination aswell or the Record and Process aforesaid as of the aforesaid matters above for errors assigned and that the judgement aforesaid may be affirmed and because the Court of our said Lady the Queen here are not as yet advised of and upon the rendring their judgement of and upon the premises day is thereupon further given to the parties aforesaid before our Lady the Queen Mich. Term 41. 42. Judgement was affirmed in this cause Roll. 417. untill from the day of Easter in fiftteen dayes wheresoever c. of hearing thereupon their judgement For that the Court of our said Lady the Queen here thereupon as yet have not c. ss AFterwards to wit on Saturday the 9. The affirmation of a judgment upon a Wâ—t of Error out of the Kings Bâ—â—ch into the Exchequer Chamber day of February in the 2. year of the Reign of our Lord the King that now is The transcript of the Record and Process aforesaid between the parties aforesaid with all things touching them by reason of a certain Writ of our Lord the King of correcting error by them the said Thomas Scot Elizabeth and Thomas Forn of and upon the premises prosecuted before the Iustices of our said Lord the King of his Common Bench and the Barons of the Exchequer of our said Lord the King in the Exchequer Chamber aforesaid according to the form of the Statute in the Parliament of the
A. long before the said time in which c. was thereof possessed which said Term doth as yet indure And so the said A. saith that she hath nothing in the said tenements with th' appurtenances unles to the end of five years in form aforesaid the reversion whereupon being expectant after that term unto the aforesaid S. W. and his heires without which said S. she the said A. saith that she to the knowledge of the said R. and T. cannot answer and prayeth Ayd of him the said S. and hath c. Therefore the Sheriff is commanded that he summon by good summons the said S. that he be before the said King in Eight dayes of the Holy Trinity wheresoever c. to answer to the said knowledge of the said R. and T. together with the said A. if c. The same day is given to the said parties c. Cornub. Declaration in a writ of recaption of Cattle and that they were taken hanging another Plea for the same Cattle undetermined and for which Cause they were before taken M. 20. h. 7. to 75. ss I. C Esquire T.C.J.H.J.D.J.W. and W. A were attached to answer aswel unto the Lord the King as unto J.G. Esquire of a Plea wherefore whereas the said J.C. and the others were formerly summoned to be in the Court of the said King before him the said Lord the King on the Morrow of all Souls last past wheresoever c. to answer unto the aforesaid J.G. of a Plea wherefore they took the Cattle of him the said J.G. and them unjustly detained against the Sureties and pledges which the Sherif of the said Lord the King of the said County had made to replevy to him the said J.G. as the King had accepted which said Plea between him the said J.G. and J.C. in the Court of the Lord the King here as yet doth hang undetermined Notwithstanding the said J.C. and others hanging the said Plea the Cattle of him the said J.G. again took for the same occasion which before they had taken the same c. Which thing is manifest against the Law and Custome of the Kingdom of the Lord the King of England And whereupon the said J.G. who aswell for the Lord the King as for himself prosecuteth by J. H. his Attorney Plaintif that whereas the said J.C. and the others formerly that is to say in the Term of St. Hillary in the year of the reign of the now King ninteenth were summoned to be in the Court of the Lord the King here before his Justices assigned to hold Pleas before him the Lord the King to answer unto the said J.G. and them unjustly detained against the sureties and pledges which the Shreif of the said Lord the King of the said County had made unto the said J.G. to replevy and the King had accepted which said Plea between him the said J.G. and the said J. C. and the others in the Court of the said King here as yet doth hang undetermined Notwithstanding they the said J. C. and the others hanging the said Plea the Cattle of him the said J. G. that is to say ten Oxen Eight heyfers two horses and a hundred sheep again that is to say the twentieth day of May in the nintteenth year of the Reign of the Lord the now King at E. neer Moreball in which the Cattle in a place called the Widl-Park they took for the same occasion which before they had taken them c. Which is manifestly in Contempt of the said King and against the Law and Custome of the Kingdom of him the said King of England whereupon he saith he is the worse and hath damage to the value of forty pounds And thereupon he bringeth his sute c. ss AND the said I. Copleston T. Colpeston I. Horn I. Davy Some of the defendants plead that they did not take the Cattle As c. I. Welch and W. Atwood by W. Fisher his Attorney cometh and defendeth the force and injury when c. And the said I. Davy I.W. and W. A. say that they did not take the said Cattle as the said I.G. before against them Complaineth And of this they put themselves upon the Countrey And the said I.G. likewise c. And they the said I.C.T.C. and I.H. as to the taking and detention of the said Cattle supposed to be done they say that the said I. G. ought not to maintain his action because they say that the place in which that trespas is supposed to be done is and at the said time in which c. was one messuage a hunded The rest of the defendants plead that they took the Cattle in the name of a distress for dry Rent in arrear as servants of the other and justifie perscridtion acres of land six acres of meadow six acres of wood and twenty acres of Heath and furzes with th' appurtenances in G. aforesaid called Wilpark of which said messuage land and tenements the said J. E. is and at the said time in which c. was seised in his demesn as of fee And that the said I. Colshill and all his Predecessours whose heir he is long before the said time in which c. were seised in their demesn as of fee of a certain Annuall rent of forty shillings coming forth of the said tenements to be perceived yearly to him and his heirs at the feasts of the Nativity of St. Iohn the Baptist of St. Michael Arch-angell the Nativity of our Lord and of Easter with equall portions to be paid from the time of which the memory of man is not extant And the said I.C. and all his Predecessors whose heir he is from all the said time of which the Memory of man is not extant used to distrein in the said tenements with th' appurtenances for the said Rent as often as that Rent at any feast of the said Feasts should be in arrear and the Distresses thereupon to take lead drive away and wholly to themselves to retein untill the said yearly Rent and the Arrearages thereof if any there were should be satisfied And the said I. C. so thereof seized dyed of such estate thereof seized after whose death the said Annuall Rent long before the said Retorn in which c. descended unto one Agnes Wife of the said I. Broker Descent Esquire as Cosin and Heir of the I. Colshill that is to say Daughter of Ranfrid son of Iohane sister of I. Colshill by which the said I. Broker and Agnes long before the said time in which c. were of the said Annuall Rent of 40. shillings seized in their Demesn as of Fee in Right of the said Agnes And because 30. shillings of that Rent after the death of the said I. Colshill at the Feast of the Nativity of St. Iohn the Baptist of St. Michael the Arch-Angell and the Nativity of our Lord next before the said taking supposed to be done that is to say next before the 20. day of
to do which said arrest and leading to the prison aforesaid and laying hands upon him the said H. are the same taking imprisoning and ill handling whereof the aforesaid R. above complaines And this c. whereupon he prayes judgement whether the action c. AND the aforesaid R. saies that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the said H. W. Because by protestation not acknowledging any thing by the aforesaid H. above alleadged to be true for plea he saith The Plaintiffe replies that he offered security that he before the time of the Trespasse aforesaid made and the time wherein c. offered the aforesaid H. to finde sufficient security before T. Partridge then one of the Justices of the peace of our Lord the King for the same County assigned to be kept according to the form of the aforesaid precept by the said I.W. to him directed which to doe the same H. refused Without that that the same R.C. refused to come before the Justices of the Peace in manner and form as the aforesaid H. hath above alleadged Traverse the denying to come before the Iustices And this c. whereupon for that the aforesaid H. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid H sayes Issue upon the Traverse that the aforesaid R. refused to come before the Justices of our Lord the King to find sufficient security in manner and forme as the same H. above hath alleadged and of this he puts himselfe upon the Country And the aforesaid R.C. in like manner c. Justification by vertue of a common Watch according to the forme of the Statute of Winchester AND the aforesaid G. by I.W. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and whatsoever is against the peace of our Lord the King as also the whole Trespasse aforesaid besides the assault and imprisonment above supposed to be made sayes that hee is not guilty c. And as to the assault and imprisonment supposed to be made the same G. sayes that the aforesaid T. ought not thereupon to have his action aforesaid against him because he saith that in the Statute in the Parliament of Edward the first late King of England Progenitor of our Lord the King that now is at Winchester in the thirtieth yeare of his Reigne held published amongst other things It was ordained and established that watches should be made as more anciently they were wont to be that is to say from the day of the Ascension of our Lord unto the feast of St. Michael the Arch-angel that is to say in each City by six men at each Gate of the same and in every Town by twelve men and in every entire Village by six or foure men according to the number of the people inhabiting in them And that the Watches should be kept by the whole night from the Sun-set to the rising of the Sun so that if any stranger should make his journey through them he should be arrested until the morning following And if no suspicion should be then found of him that then hee should from thence goe quit as in the same Statute more fully is contained And further the same G. sayes that he at the time of the Trespasse aforesaid above supposed to be made was dwelling in the said Village of W. together with other the inhabitants his neighbours about him in the same Village were assigned to keep the Watches there and sayes that the aforesaid T. the time of the Trespasse aforesaid supposed to be made to wit such a day year and place came suspiciously to the Village aforesaid after Sun-set and before the rising of the same that is to say about the houre of eleven in the same night By which the same G. then came to the aforesaid T. and him at the same time wherein c. he arrested and detained him with him untill the morning following and compelled him to stay there according to the forme of the Statute aforesaid as it was lawfull for him to doe which said coming unto and detention by the cause aforesaid in form aforesaid is the same assault and imprisonment whereof the aforesaid T. above now complaineth And this he is ready to aver VVhereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. Middlesex AND the aforesaid C. Crips Iustification by a Constable for taking a Where Mich. 2. Hen. 8. Rot. 103. and E. by T.R. their Attorney come and defend the force and injury when c. And as to the coming by force and armes And whatsoever which is against the peace c. as also the whole Trespasse aforesaid besides the assault beating evill handling and imprisonment by the space aforesaid supposed to be made the same C. and E. say that they are in nothing thereof guilty c. And as to the assault beating evill handling and imprisonment the same E. and C. say that the aforesaid M. ought not to have her action aforesaid against them because they say that the aforesaid M. long before the said time of the Trespasse aforesaid supposed to be made was a publick notorious and common Whore and had carnall knowledge with many and divers common men unknowne to him the said C. at many and divers times And the same C. and E. say that at the time wherein the Trespasse aforesaid was supposed to be made and long before the same C. was Constable of our Lord the King in the aforesaid Parish of St. Andrews and that before the said time of the Trespasse aforesaid supposed to bee done was given to understand by certaine of his neighbours very carefull of keeping the peace of our Lord the King and willing to avoid ill government he being then Constable of our Lord the King as aforesaid that the aforesaid M. at the aforesaid Parish of St. Andrews then lay and lodged in bed with a certaine man unknowne to the same neighbours and also that divers loose men and vagabonds and very many unknowne persons made many brawlings scoldings cryings out uproars there between themselves and strove together which of them should first have the carnall knowledge of her the said M. and should then use her as their Whore By reason of which information he the said C. then there being Constable as he was by oath bound for the preservation of the peace of our Lord the King and the avoyding of the premises and the ill government aforesaid repaired to a place in the Parish aforesaid where then the aforesaid M. and other the men vagabonds aforesaid then were supposed to be as to see if the same M. and the rest of the aforesaid men vagabonds behaved themselves there as hee was given to understand the aforesaid time wherein the
Trespasse aforesaid was supposed to be done And the aforesaid Vagabonds perceiving afarre off the coming of him the said C. then being Constable before he could approach unto them they fled away so that the said C. could not arrest them but the aforesaid M. with a certain man to whom unknown in bed there the aforesaid time wherein the Trespasse aforesaid was supposed to be done he found lying like a whore at the Parish aforesaid And because the same M. behaved her selfe then and sometimes before so evilly and for that cause very many evill persons and disturbers of the peace of our Lord the King there had often disturbed the Constable and very many of the neighbours there And she the said M. although oftentimes thereupon then and before to desist from the premises by him the said Constable had been required would not reforme or justifie herself thereupon neither by the law of God nor the King by which the same C. then being Constable of our Lord the King and the aforesaid E. with the same C. her husband by his command coming to his help their hands upon the aforesaid M. there so lodging in bed with the aforesaid unknowne man softly laid hand on and took her from that bed and her the said M. as well for her punishment as to the terrour of other the like whores whereas by the consideration and distinction of him the said C. then and there in the Stocks according to the Law of the Land they put and kept by the space aforesaid as it was lawfull for them to doe which said laying on of their hands of them the said C. and E. on the aforesaid M. and the taking out of the bed aforesaid as also the putting into the Stocks of the said M. are the aforesaid assault beating evill handling and imprisonment whereof the aforesaid M. by her bill above against them complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid M. ought to have or maintaine her action aforesaid in this behalfe against them c. The Plaintiffe replies that it was done of their proper injury without any such cause AND the aforesaid M. sayes that shee by any thing before pre-alledged ought not to be debarred from having her action aforesaid against them the said C. and E. of the aforesaid assault beating evill handling and imprisonment because she saith that the aforesaid C. and E. the day and yeare above written by force and armes aforesaid of their proper injury without such cause by them the said C. and E. above alleadged on her the said M. at the aforesaid Parish of St. Andrews they made an assault and so did wound evill intreat and imprison by the space aforesaid in manner and forme as shee the same M. above against them complaineth And this shee prayes may be enquired of by the Country And the aforesaid C. and E. in like manner c. Iustification of an imprisonment by vertue of the Statute of Vagrants and Vagabonds of Rich. the second the 7. year of his reign Hil. 34. Hen. 8. Rolle 60. AND the aforesaid I.H. in his proper person comes and defends the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the Imprisonment of the aforesaid R.S. the same I. H. sayes that he is not guilty c. And as to the Imprisonment of the aforesaid R. the same I. H. sayes that the aforesaid R. ought not thereupon to have his action aforesaid against him because he saith that by the Statute of the Lord the King Richard the second late King of England at Westminster in the seventh yeare of his reigne by authority of the same Parliament amongst other things it was Enacted that all and singular Bailiffes of Liberties Constables and other Officers of Villages where Vagrants and Vagabonds frequent should have power diligently to examine them and of compelling them to finde sufficient pledges by sufficient manucaptors for their good behaviours And that if default be made in those Vagrants and Vagabonds and that they cannot finde pledges that then it shall be very lawfull for the aforesaid Bailiffes of Liberties Constables and other Officers of Villages the same Vagrants and Vagabonds to commit to the next Goale of our Lord the King within the County aforesaid where such Vagrants and Vagabonds frequent there to remain til the coming of the Justices of our Lord the King for the Goal Delivery within that County where such Vagrants and Vagabonds are imprisoned and that the same Justices shall doe with these Vagrants and Vagabonds as to them shall seem expedient And the same I. sayes that he at the aforesaid time of the Imprisonment aforesaid above supposed to be made was Bayliffe of our Lord the King of St. Edmonds Bury aforesaid And for that that the same I. the aforesaid time of the imprisonment aforesaid above supposed to be made found the same R. a Vagrant and Vagabond at and within the Village of St. Edmonds Bury frequenting The same I. being then Bayliffe of the Liberty aforesaid according to the forme of the Statute aforesaid the aforesaid R. then and there did diligently examine And as well for that upon the examination of the aforesaid R. it did sufficiently appear to him the said I. the said R. to be a Vagrant and Vagabond as for that that the same R. the same time wherein c. could not finde pledges and sufficient Manucaptors for his good behaviour according to the forme of the Statute aforesaid The same I. as Bayliffe of our Lord the King of the Liberty aforesaid according to the form of that Statute the aforesaid R. the aforesaid time wherein c. to the aforesaid Goale of our Lord the King of St. Edmunds Bury aforesaid he did commit there to remaine untill c. which said Goale is the next Goale of our Lord the King near the aforesaid Village of St. Edmunds Bury aforesaid which is the same Imprisonment of the aforesaid R. whereof the same R. above now complaineth And this he is ready to aver whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid in this behalfe against him c. The Plaintiffe sayes that he dwels in the County of W. his Trade there exercising AND the aforesaid R. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid I. because he saith that he the aforesaid time of the imprisonment aforesaid above made was dwelling conversant and Inhabiting at W. in the County aforesaid daily exercising the art called a Taylors craft Traverses the being a Vagrant Without that that the same R. the aforesaid time of the Imprisonment aforesaid above made was a Vagrant and Vagabond in manner and forme wherein the same I. in his bar by pleading above hath alleadged And this he is ready to averre whereupon for that
of the peace of our Lord the King in the County aforesaid assigned to be kept came the same W. S. then and there before the same Earle having taken his corporall oath upon the holy Evangelist that he the same W. S. damage and corporall hurt to him the said W.S. by him the said W. C. and his companions upon him the said W. S. to be brought he did grievously dread and feare the same W.S. then and there supplicating that the same Earle him the said W. C. might be bound to put in sufficient security of the peace keeping towards him the said W.S. and all and every the leige people of the Kings one in form of law by pretext whereof the same Earl a certain warrant under his scale to the Constable and Bailiffes of the Hundred of M. as also to R.N.H.H. and T.F. directed he made and delivered commanding them the said Constable and Bayliffes and the aforesaid R.H. and T. joyntly and severally by the same warrant on the behalfe of our Lord the King commanding them that the same Constables Bayliffes R.I. c. and every one of them that they should cause to come the aforesaid W.C. before the aforesaid Earle or any other Justice of the peace of our Lord the King in the aforesaid County of S. assigned to be kept immediately for the finding sufficient security of the peace in forme aforesaid And if the same W.C. so to doe should refuse then the same Constables Bayliffes and the aforesaid R.I. c. or either of them the same R. C. should cause to be brought to the Goale of our Lord the King of Y. in the same County of D. by force of that warrant there to stay until the aforesaid WC should find the security aforesaid according to what law requires in that behalfe By which meanes the same R. carrying with him the warrant aforesaid to him the said W. C. at H. aforesaid the same day the Trespasse aforesaid was supposed to be made And to him the said W. of the same warrant and of the matter and effect of the same warrant then and there before the same assault made gave notice by vertue of the same warrant then and there requiring the same W.C. that he the said W.C. before the said Earle or other Justice of peace of our said Lord the King assigned to be kept in the same County to find sufficient security of the peace in forme aforesaid together with him the said R. he would goe which said W. C. to doe this then and there refused for which cause the same R. him the said W.C. then would have taken and arrested but the same W.C. would not stay nor obey that arrest but at the same arrest then and there drew his sword and also what in him lay offered to rescue himselfe from that arrest By which the aforesaid R. and N. and the aforesaid VV.S. as the servant of him the said R. and by his command at the time of the Trespasse aforesaid above supposed to be made by laying their hands upon him the said VV. C. and compelling him the said VV. C. to stand to that arrest him the said VV. C. then and there they took and arrested as it was lawfull for them to doe which said laying on of hands out of the cause aforesaid is the same assault whereof the same VV.C. above against him complaineth And this he is ready to averre whereupon he prayes judgement whether the aforesaid VV. C. ought in this behalfe to have his action aforesaid against him c. AND the aforesaid W.C. not acknowledging any thing by the aforesaid W.S. before alleadged to be true sayes that he by any thing therein before alleadged ought not to be debarred from having his action aforesaid because hee saith that the aforesaid W.S. by force and armes of his owne proper injury on him the said W.C. did make an assault and him did beate wound and evill handle in manner and form as he the said W.C. above by his bill hath declared Traverses the notice of the Warrant Without that that the same R. to him the said W.C. of the warrant aforesaid or of the matter and effect of the same warrant before the time of the Trespasse aforesaid made did give notice as the aforesaid W.S. above by pleading hath alledged And this he is ready to averre whereupon for that the aforesaid W.S. the Trespasse and Battery aforesaid above acknowledgeth he the said W.C. prayeth judgment and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid W.S. sayes Issue upon the Traverse that the aforesaid R. to him the said W.C. of the Warrant aforesaid and of the matter and effect of the same Warrant long before the time of the Trespasse aforesaid supposed to be made did give notice in manner and forme as he the said W. S. above by his pleading hath alleadged And of this hee puts himselfe upon the Country And the aforesaid W. C. in like manner c. Middlesex R.M. complaines of I. H. in the custody of the Marshall Declaration in assault and battery c. for that he such a day and year by force and armes on him the said R. at Westminster in the County aforesaid hee made an assault and him the said R. then there beat wounded evil handled so that of his life he did despair and also so grievous a wound upon the upper part of the left shoulder of him the said R. then and there put on him so that the same R. by reason of the extraordinary effusion of blood out of the same wound flowing and arising fell into great sicknesses and weaknesses of his body then and there and stood in great danger of losing of his life by reason thereof for a great time that is to say for the space of one month then next following As also divers great summes of mony for his healing and curing there in that behalfe to lay out and spend then and there was forced and compelled And divers difficult businesse of him the said R. then to be done and finished by the aforesaid space of one month remained undone And other harmes c. Against the peace c. to the damage c. AND the aforesaid I. H. by W. Astrie his Attorney comes and defends the force and injury when c. Concord pleaded And as to the coming by force and armes c. sayes that he is in nothing thereof guilty c. And as to the residue c. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that after the aforesaid time wherein the Trespasse aforesaid was supposed to be made to wit such a day and year I.E. in the County of Norfolk there was such an agreement had between the aforesaid R. and him the said J. to wit that he the said I. should give to the aforesaid R. one Gallon of Sack in recompence and
J. G. in his life for tearm of his life where nothing of the said Tenements with the Appurtenances into the Possession of him the said W. A. by that Deed ever passed into the said Tenements with the Appurtenances entred Upon the Possession of which said W. A. thereupon the said J. F. in his proper Right claiming his said Tearme and the said M. and W. P. as Servants of him the said J. F. and by his command at the said time in which c. into the said Tenements with the Appurtenances peaceably and quietly now have entred Verification of a Lease for anothers life as unto them it was lawfull without this that they the said J. F. M. and W.P. will prove that the said J. have in her full life remaineth that is to say at T. in the County aforesaid without this that they the said I. F.M. and W. P Traverse to the Delaration upon the Statute of forcible entry that it was not with force against the form of the Statute c. Plaintiff faith that certaine strangers were seized c. and so seived by fine acknowledged before the Justices of the said Lord the Kings Bench acknowledged the Tenements to be of his the plaintifs by pretence of which the Plaintiff entred and was thereof seized c. untill c. Fine acknowledged of the moiety of a messuage c. Conveyance of a Title by fine at the said time in which c. into the said tenements with the appurtenances with Force and armes aforesaid entred against the form of the said statute in manner and form as the said W. A. before against them complaineth and this c whereupon they pray Judgement if an Action c ANd the said W. A. saith that he by any matter by the said I. F. M. and W.P. c. not to he precluded c. because he saith that long before the said time of the said entry made one I.H. and I. his wife and T. C. and B. his wife were of the moiety of the said Tenements with the appurtenances seized in their Demesne as of Fee and them the said I.H. and I.T.B. and B. of that moiety of the said tenements with the appurtenances so being seized they the said I. H. and the rest afterwards that is to say from the day of Easter in fifteen dayes in the sixth yeare of the Raign of the now King Edward the sixth before E. Mountaine C.I. H. and E.M. Justices of the said Lord the King personally came and acknowledged the moiety of the said Lands with the appurtenances by the name of the moiety of one messuage of one Garden and fourteen acres of Land with the appurtenances in I. aforesaid to be the right of him the said W. A. as those which the said W. A. had of the gift of the said I.H. and I T B. and B. and they remised and quite claimed from them the said J. J. T. and B. and the heirs of them the said I. and B. unto the said W. A. and his heirs for ever by pretence whereof the said W. A. of the moiety of the said Tenements with the appurtenances entred and was thereof seized in his demesne as of Fee untill the said I. E. into the said tenements with the appurtenances entred and him the said W. A. of the moiety of the same Tenements with the appurtenances unjustly and without judgement unjustly disseised by which the same I. was of the moiety of those Tenement aforesaid with the appurtenances seized by disseisin and shee the said I by that disseisin so thereof being seized the same I. before the said time of the said entry made that is to say the said twentieth day of September in the sixth year of the Raign of the said now King Edward the sixth at J. aforesaid demised the said Tenements with the appurtenances unto the said I. F. now one of the Defendants to have and to hold unto the same I F. his Executors and assignes from the said Feast of Saint Michaell the Arch-Angell from thence next following untill the end and tearm of one year from thence forth next following and so from year to year as long as the said both Parties should please by virtue of which said Demise the said I. F. into the said Tenements with the appurtenances entred and was thereof Possessed in manner and form as the said I. F.M. and W P above in Pleading have alleadged upon the Possession of which said I. F. thereupon the said W. A. before the said time of the said Entry made into the Moiety of the said Tenements with the appurtenances entred and was thereof seized in his Demesne as of Fee untill by the said I. F.M. and W.P. of the said moiety of the said Tenements Avermenn that 2 parties and one moiety of those said lands are one and not diverse with Force and Armes and with the said main strength in form aforesaid was disseized in manner and form as the same W. A by his said declaration before against them have declared and this he is ready to prove together with this that the said moiety of the said Tenements in the said Fine contained and the said two Parts in the said Declaration specified in which the said Entry is supposed are one and the same and not others nor divers whereupon from which the said I. M. and W.P. the said Entry and disseisin before done acknowledging the same W.A. as well for the King as for himself prayeth judgement and his damages by occasion of that Entry and disseisin to be adjudged unto him c. ANd they the said I. F.M. and W.P. as formerly say that long before the said time of the said Trespasse before supposed to be done the said J. G. in the said Barr before named was seized of the said Tenements with the appurtenances in his Demesne as of Fee and he the said I. G. so of those Tenements with the appurtenances being seized the same I G. before the same time in which c that is to say the said twenty eighth day of October in the year of our Lord one thousand five hundred forty and one at I. aforesaid made his last will and by the same willed that the said I. his Wife should have the said Tenements with the appurtenances to the tearm of the life of her the said Iohanne so that after the decease of her the said Johane those Tenements with the appurtenances should remain unto the aforesaid I. R. and his heirs for ever and afterwards and before the said time in which c. the same I G. at I. aforesaid dyed after the death of which said I. G. the said I. into the said Tenements with the appurtenances by virtue of the said last wil entred and was thereof seized in his demesne as of free-hold And she the said I. so thereof being seized the same I. before the said time in which c. that is to say the said 20 day of September in the
aforesaid R. ought not to have her action aforesaid against them because they say that they did not take nor Arrest the aforesaid G. in the manner and form as the aforesaid R. above against them complaineth And of this they put themselves upon the Country And the aforesaid R. in like manner c. Therefore the Jury is to come c. R. S. complains of John Chaunroy Bayliff of the Liberty of the Bishop of London in the County of Middlesex Escape upon a Bill of Middlesex where the Plaint and attachment is mentioned for that whereas the aforesaid R. S. on Tuesday next after a month of Easter such a year before our Lady the Queen at Westminster had prosecuted a certain Bill against I. T. For that that he the same I. T. such a day and year by force and arms the Close of him the said R. S. at Westminster in the County of Middlesex he had broke And other harms to him he had done against the Peace of our Lady the Queen that now is to the damage of him the said R. S. of 20. l. And he found pledges of prosecuting his Plaint aforesaid to wit John Dee and Richard Row by force of which said Bill it was commanded to the Sheriffs of Middlesex that they should attach the aforesaid I. T. so that he might be before our Lady the Queen at Westminster on Thursday next after a month of Easter then next following to answer the aforesaid R.S. of the Plea aforesaid the same day was given to the aforesaid R. here c. At which day before our Lady the Queen at Westminster came the aforesaid R.S. in his proper person And Christopher Hawks and T.G. Sheriffs of the said County of Middlesex by vertue of the precept aforesaid before our Lady the Queen at Westminster returned that the aforesaid I. had nothing within their Balywick by which he could be attached Upon which it was commanded to the same Sheriffs that they should take him if c. And him safely c. So that they might have his body before our Lady the Queen at Westminster on Monday next after eight dayes c. from thence next following to answer the aforesaid R.S. of the aforesaid Plea The same day was given to the aforesaid R. here c. And the aforesaid Sheriffs of Middlesex by vertue of the precept aforesaid commanded a certain Warrant to the aforesaid I. E. Bayliff of the Liberty of the Bishop of London in the County of Middlesex who had full return of all Writs Precepts and Warrants c. And so recite the return untill for that Execution thereupon elsewhere in the County aforesaid out of the Liberty aforesaid could not be made Which said I.C. by vertue of the Warrant aforesaid such a day and year at S. aforesaid in the County aforesaid took and arrested the aforesaid I. T. And the aforesaid I. C. plotting to defraud the aforesaid R. S. and to defer him from the recovery for his Trespass aforesaid he the said I.T. so taken and Arrested the aforesaid I.C. such a day year and place aforesaid suffered to go at large by which he the same R. S. is deprived altogether of the recoverie for his Trespass aforesaid To the damage of him the said R. twenty pounds And thereupon he brings his Sute c. Escape against a Sheriff for not having the body of one by him arrested at the retorn of the Writ ss HEnry Appleton latly Sheriff of Essex was attached by a Writ of Privilege of our Lord the King from the Couâ—t here issuing to answer H.C. one of the Attorneys of the Court of our Lord the King of his Bench here according to the Liberties and Privileges of the same Court for the like Attorneys and other Ministers of the same Bench from time out of mind used and approved in the same of a Plea of Trespass upon the Case And whereupon the same H.C. in his proper person Complains wherefore whereas one T.D. a forreign Merchant was indebted to him the said H. C. in a hundred pounds of lawfull money c. To be payd to him the said H. C. when he should be thereunto required And for that that the aforesaid T. D. had not payd the same hundred pounds to him the said H.C. he the said H. C. for the more speedy recovery of that debt such a day and year then being one of the Attorneys of the Court of the Bench of our Lady the Queen here according to the Liberties and Privileges of the same Court from the whole time aforesaid used and approved in the same out of the same Court of Bench here prosecuted a certain Writ of Privileges of our Lady the Queen against the aforesaid T. D. to the then Sheriff of the aforesaid County of Essex being directed By which said Writ our aforesaid Lady the Queen Commanded him the then Sheriff that the same Sheriff should attach the aforesaid T.D. so that he might have him before the Justices of our Lady the Queen here on Tuesday next after the Morrow of all Souls then next following to answer unto him the said H. C. of a Plea of Debt Which said Writ he the said H.C. afterwards to wit such a day and year to the aforesaid H. A. then being Sheriff of the aforesaid County of E. at London that is to say in the Parish c. delivered in form of Law to be executed by Vertue of which said Writ the aforesaid H. A. the same day and year c. then being Sheriff of the aforesaid County of E. Commanded the Bayliff of the Libertie of our Lady the Queen of her hundred of B. in the aforesaid County of E. which said Bayliff had Execution of all Writs within the same Liberty for that no Execution of that Writ could be made within his Bailiwick else-where That he should attach the aforesaid T. So that he might have his body before the aforesaid Sheriff before the retorn of that Writ So that the same sheriff might have him before the Justices of our Lady the Queen here at the aforesaid day of Wednesday next after c. to answer the aforesaid H. C. of the aforesaid Plea By vertue of which said Warrent the aforesaid Bayliff afterwards to wit such a day year and place in the aforesaid County of E. within the Libertie aforesaid he took and arrested the aforesaid T. And the same Bayliff after that taking and arresting and before the said day of Wednesday c. to wit the second day of N. in the twenty seventh year aforesaid the aforesaid T. to one H. C. then Deputie of the aforesaid H. A. authorized by the same H. A. in that behalf he delivered to be safely kept as the aforesaid H. A. retorned to the aforesaid Justices of our Lady the Queen here at the aforesaid day of Wednesday c. The aforesaid H. A. his Office of a Sheriff in the just and true Execution of the Writ aforesaid little caring but
knowing the aforesaid T. to be a fugitive and deceiptfull person and plotting and intending him the said H.C. to hinder from the recoverie of his debt aforesaid and to cause him the said H.C. what in him lay wholly to lose his debt aforesaid the aforesaid T. before the aforesaid Justices of our Lady the Queen here at or ever after the aforesaid day of Wednesday c. according to the purport of the aforesaid Writ he had not but the same T. he the said H. C. of his said debt aforesaid being in no wise satisfied or in any manner contented before the retorn of the same Writ to wit such a day and year at London c. in the Parish c. he suffered to go at large whithersoever he would in the danger of the losse of the debt of the aforesaid H. C. For that if the aforesaid H. A. had had the aforesaid T. before the Justices of our Lady the Queen here at the aforesaid day of Wednesday c. according to the purport of the Writ aforesaid and the aforesaid Arrest then the same T. ought to have found in the Court here to him the said H. C. sufficient Manucaptors who must have undertaken for the aforesaid T. that if the same T. should be Convict in the Debt aforesaid that then he the said T. should pay the debt aforesaid to him the said H.C. or should render himself to the Prison of our Lady the Queen of the Fleet by occasion of the Judgement of and upon the Premisses to be rendred or that they the said Manucaptors the debt aforesaid for the aforesaid T should pay to him the said H. C. And if the same T. did not find such Manucaptors that then he should be committed to the Prison of our Lady the Queen of the Fleet there to stay untill he should do it To the damage of him the said H. C. a hundred pounds And thereupon he brings his Sure c. And the aforesaid H. A. by Thomas Foster his Attorney comes and defends the force and injurie when c. Not guilty pleaded And sayes that he is in nothing guilty of the Premisses above imposed upon him And of this he puts himself upon the Countrey And the aforesaid I. C. in like manner Therefore Command is given to the Sheriff that he cause to come here in eight dayes of the Purification of the blessed Virgin Mary and c. By whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid here c. This was tried in London and a Verdict and Judgement for the Plaintif And a Writ of Error was brought and assigned for Error For that it appears not in what place the Bailiff of the Libertie delivered the Prisoner to the aforesaid F. the under-Sheriff nor whether he was delivered in the County of Essex or no. Error also for that he said not in his Declaration that the Defendant took no securitie for the appearance aforesaid for it might be that the Sheriff delivered him up upon Bayl according to the form of of the Statute Error also for that the Plaintif said not that the aforesaid T. appeared not in the Bench. Afterwards the Defendant after he had pleaded in nullo est Erratum died And then was made this Entrie following as yet c. Afterwards to wit the fifth day of May in the Four and thirtieth year of the reign of our Lady the Queen that now is before our Lady the Queen at Westminster came the aforesaid H. A. by his Attorney aforesaid And sayes that the aforesaid H. C. is dead and prayes licence to purchase a new Writ of Error c. And it is granted unto him c. And afterwards to wit the sixt day of May then next following before our Lady the Queen at Wistminster came the aforesaid H. A. by his Attorney aforesaid And brought before our Lady the Queen a certain new Writ of Error of our Lady the Queens directed to the Justices of our Lady the Queen of the Pleas before her the said Queen assigned to be held which said Writ follows in these words Elizabeth c. And so recite the Writ of Error And upon this the same H.A. says that in the Record and Processe aforesaid as also in the rendring of the Judgement aforesaid it is manifestly Erronious alleging for Errors the severall matters above assigned And the same H.A. sayes further that the aforesaid H.C. before his death to wit at London aforesaid in the Parish and Ward aforesaid made his last VVill and Testament in writing And thereby Constituted and ordeined Elizabeth his then wife Executrix of his Testament aforesaid and there afterwards died And the same H. A. prayes a VVrit of our Lady the Queen to warn the aforesaid Executrix of being here c. retornable on the morrow of the holy Trinitie c. wheresoever c. At which day came the aforesaid H. A. by his Attorney And the aforesaid Defendant by John Williams her Attorney came And upon this the aforesaid H. A. as formerly sayes That in the Record and Premisses aforesaid c. it is manifestly Erronious And the Executrix pleads that it is in nothing Erronious and so they continue it for argument And afterwards upon full debate judgement was affirmed ACTIONS OF DEBT AND DIVERS OTHER Actions and Pleas. DEBT ss W C. Complaineth of I.H. in the Custody of the Marshall c. of a plea A Declaration in Debt upon a Bill to be paid at the day of Marriage of the Defendant that he render unto him 20 l. of good and lawfull c. which c. for that to wit that whereas the aforesaid I. in such a day and year at c. by his certain Bill Obligatory sealed with the Seal of him the said I and unto the Court c. whose date c. acknowledged himself to owe unto the said W. the aforesaid 20. l. to be paid unto the said W. at the day of the Marriage of him the said I and the said W. in fact saith that the said I. afterwards that is to say in such a day and year c. married to wife one M.A. by which an Action did accrue unto the said W to require c. ss W. B. next of Kin of R.B. deceased Declaration in Debt for an Administrator against an Administrator Administrator of all and singular the Goods Chattels rights and Credits which where of R.B. late of H. in the County of Middlesex Yeoman otherwise called c. deceased which dyed intestate complaineth of A.N. Widow Administrator of all and singular the goods and chattels rights and credits which were of R.N. late of F. in the County of Middlesex Yeoman deceased in the custody of the Marshall c. of a Plea that he render unto him 60. l. of lawfull c. which c. for that to wit that whereas the aforesaid R.N. in his life that is
the said Homage fealty and sute of Court as of fee and right and of the said Rent and residue of the said Services in his Demesn as of Fee And because the sute of him the said T. H. at the Court of the said R. A. held at his said Mannor on fryday next after the Epiphany of our Lord in the fourteenth year of the reign of the now King unto the said R. A. remaining undone the said R. A. doth well avow the taking of the said Cattel in the said place in which c. as in parcell of the said tenement of him the said R. A. in form aforesaid held and upon the said T. H. as upon his true Tenant thereof c. And within his fee c. And this he is ready to prove whereupon he prayeth judgment and the return of the said Cattel to be adjudged unto him c. Defendant protesting that he did not hold the premisses by the services in the avowment of the Plantif specifyed and that the Defendant was not of the same seized c. for Plea saith that he holdeth by fealty 3. shillings tent onely without this that he holdeth as above And the said T. H. saith that the said R. A. by any thing before alleged the taking of the said Cattel ought not to avow just because protesting that the said T. doth not the said Messuage and Virge of land with th' appurtenances of the foresaid R. A. by the said services in the avowment of him the said R. before specified c. And protesting also that the said R. A. was not seized of the said services by the hands of him the said T. in manner and form as the said R. A. before hath alleged for Plea saith that the said T. doth hold the said Messuage and Virge of land of the aforesaid R. A. as of his Mannor of B. by fealty and the Rent of three shillings onely for all services and ancient demands without this that the said R. A. was seized of the said services to doe sute at the Court of him the said R. A. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said services in manner and form as the said R. A. in his said avowment before hath alleged and this he is ready to prove whereupon he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. And the said R. A. saith Issue upon the Tenure that the said R. was seized of the said Services to do Sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said Services in manner and form as the said R. before hath alleged And of this he putteth himself upon the Country and the said T. likewise c. ss AND the said I.T. and H. by R. M. his Attorney cometh and defendeth the force and injury when The form of a Plea where the Defendant took more Beasts and Chattels than the Plaintif by his Declaration supposeth himself to have taken the Defendants say as to one Horse they did not take as to the residue say that he the said J.D. one of the Defendants in right of his Wife was seized of the Mannor of D. of which Mannor the Plaintif holdeth ten acres of land wherof c. of the Defendant by Fealty and four shillings Rent and to do Sute of Court and a Fine was leavyed of the same Mannor between W.F. Plaintif and the said I. E. and his Wife and that afterwards the said W. F. granted the said Mannor unto the said I.E. and his Wife and to the Heirs of their bodies c. in Fee-tayl and that after the Plaintif attorned unto them the said I. P. and his Wife and because the said Rent was behind the Defendants took the Beasts c. c. and as to the taking of one Horse of the said Horses they the said J. and H. say that they did not take that Horse in manner and form as the said Prioress before against them complaineth And of this they put themselves upon the Country And the said Prioress likewise c. And the said I. and H. further say that they at the time in which the taking of the said Cattell is supposed to be done they took four Horses of the said five Horses in the said Declaration specified and also one Cart with six Stacks of Barley in the same Cart being with the whole Tacklyn to the sayd Cart belonging that is to say Cartharness for the said four Horses in the same Cart to be drawn of the said Oxen and Cattell of the said Piroress in the said place in which c. which said four Horses and the said Cart with the said six Stacks of Barley in the same Cart being and the said Cattell that is to say the tackling of the said Cart called Horse Harness for the said four Horses drawing that Cart of I.N. Knight Sheriff of the said County at the Complaint of the said Prioress unto the said Prioress caused to be replevyed and of the said four Horses and Chattells the said I. in his own right and of Anne his Wife doth well avow And the said Hen. as Bailiff of the same I. doth well acknowledge the taking of the said Cattell in the said place in which c. and justly c. because he saith that the said place in which c. doth contein in it self ten acres of land with th' appurtenances in C. aforesaid whereof the said Prioress at the said time in which c. long before c. was seised in her Demesn as of Fee in the right of her said Monastery and so thereof being seized held the same of the said I. and A. his Wife in the right of her the said A. as of her Mannor of D. in the said C. of K. by Fealty and the Rent of 4. shillings every year at the Feast of St. Michael th'Arch-Angell to be paid and by Service to do Sute at the Court of them the said I. and A. of their said Mannor from three weeks to three weeks there to be held of which Services the said I. and A. in the right of her the said A. were seized by the hands of the said Prioress as by the hands of their then true Tenant that is to say of Fealty and Sute of the said Court as of Fee and in right and of the said Rent in their Demesn as of Fee And them the said I. and A. in the right of her the said A. so of the said Mannor Rent and Services being seized long before the said time A Fine levied where the wise is Cognisee seized of the lands acknowledged in which c. that is to say in Eight dayes of St. Michael in the 21. year of Henry late King of England and France the seventh from the Conquest in the Court of him the said late King
at Westminster before T. Frâ—wick and his fellows then Justices of him the Lord the King and other faithfull people of the said late King then there present a certain Fine was levyed of the said Mannor with th' appurtenances amongst other Tenements and Rents by the name of the Mannor of D. with th' appurtenances and of one Messuage CCC acres of land twelve acres of Meadow twenty acres of Pasture and five pounds Rent and the rent of 20. Cocks 100. Capons 160. Sheep with th' appurtenances in D. in the County of K. between William Frost then Plaintif and the said I. and A. by the names of I. Batiller and A. his Wife then agreeing whereupon the Plea of Concord was summoned between them in the same Court that is to say that the said I. and A. doe recognize the said Mannor with th' appurtenances to be the right of him the said W. as that that the said W. then had of the Gift of the said I. and A. And the same Remized and quit claymer of them the said I. and A. and the Heirs of her the said A. unto the said W. and his Heirs for ever And afterwards they the said I. and A. granted for themselves State in the tayl made by Fine and the Heirs of her the said A. that they should Warrant unto the said W. and his Heirs the said Mannor with th' appurtenances against all men for ever And for that Recognizance Remise quit claymed Warrant Fine and Concord the said VV. granted unto the said I. and A. the said Mannor with th' appurtenances and that unto them rendred in the same Court to have and to hold unto the said I. and A. and the Heirs of the body of them the said I. and A. begotten of the chief Lords of that Fee by the Services which to the said Mannor appertaineth for ever And if it should happen that they the said I. and A. should dye without Heir of their bodyes begotten then after the Deceases of them the said I. and A. the said Mannor with th' appurtenances should wholly remain to the Heirs of her the said A. of her body begotten to be held of the chief Lords of that Fee by the Services which to the said Mannor doe appertein for ever And if no Heir of the body of her the said A. should be begotten then the said Mannor with th' appurtenances should wholly remain to the right Heirs of the said I. B. to be held of the chief Lords of that Fee by the Services which to the said Mannor apperteineth for ever as in the said Fine is more fully conteyned And afterwards the said Prioress of the said ten acres of land being seized at C. in the County aforesaid Attornment of the Tenant unto the Lord. to the said I. and A. retorned her self by pretence of which Fine they the said I. and A. afterwards and before the said time in which c. into the Mannor with th' appurtenances entred and thereof at the said time in which c. were and as yet doe remain seized in their Demesn as of Fee-tayl And because the Rent aforesaid for eight years after the levying of the said Fine and before the said taking supposed to be done that is to say for eight years next before the Feast of St. Michael th'Arch-Angell in the fifth year of the Reign of the now King at the said time in which c. ended was in arrear unto the said I. and A. and as yet remaineth unpaid the said I. in his own right and in the right of the said A. doth well avow and the said H. as Bayliff of him the said I. doth well acknowledge the taking of the said Beasts and Chattels in the said place in which c. and justly c. that is to say for 14. shillings Rent aforesaid and of and for the six first years of the said eight years being behind and unpaid and upon the said Prioress as upon the true Tenant of them the said I. and A. in form aforesaid in the said place in which c. and within their Fee c. And this they are ready to prove whereupon they pray Judgement and the retorn of the said Beasts and Chattels to be adjudged unto them c. And the said Prioress saith The Plaintif saith that the Defendant never was seized of the Rent and Services in barre specified c. after the first going over of the Lord H. King Son of the King in Valton that she by any matter by the said J. and H. before alleged the said J. the taking of the said Beasts and Chattells in the said place in which c. to avow just nor the said H. the same taking in the same place in which c. to acknowledge just they ought not because portesting that there hath not been nor from the time of the said taking had there been any such Mannor called D. within the said County of K. protesting also that she hath not Attorned unto the said I. and A. as the said I. and H. have alleged protesting also that the said place in which c. is and at the said time in which c. was without the Fee of the Lordship of them the said I. and A. for Plea saith that the said I. and A. never were seized of the Rents and Services aforesaid or of any parcell thereof in manner and form which the said I. and H. before alleged after the first going over of the Lord King Henry into Vaston as by the said Avowment and Acknowledgement before supposed And this they are ready to prove whereupon from which the said I. and H. the taking of the Beasts and Chattells above acknowledging prayeth Judgement and her Damages by occasion of the taking and unjust detension of the said Beasts and Chattells to be adjudged unto her c. And they the said I. and H. say that they the said I. and A. were seized of the said Rent and Services by the hands of their true Tenant thereof in what manner and form they the said I. and H. before have alleged Issue of Scizin of Rent And of this they put themselves upon the Country And the said Prioress likewise c. Therefore c. Defendant prayeth Judgment of the Plaint retorned by the Sheriff upon a Recordare and saith that it is insufficient for that the Sirname of the Defendant was not put in the Plaint therefore that he may have the retorn of the Cattell c. ss AND the said I. C. in his person commeth and defendeth the force and Injurie when c. and prayeth hearing of the Plaint of the taking and deteyning of the said Cattell before the Sheriff of the said County made and here in Court at this day that is to say on the morrow of All Souls by virtue of a Writ of the said Lord the King of Recordare retorned and it is read to him in these words ss I. B. complaineth of the