satisfaction of the Trespasse aforesaid which said Gallon of Sacke the same J. afterwards to wit the same day and yeare at S. aforesaid gave to the aforesad R. according to the forme and effect of the concord aforesaid And which said Gallon of Sack the same R. of the aforesaid I. in full recompence and satisfaction of the Trespasse aforesaid then and there accepted And this he is ready to aver Whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid against him c. The Plaintiffe replies no such Concord AND the aforesaid R. sayes that he ought not by any thing before pre-alleadged to be debarred from having his action aforesaid against him because he saith that between him the said R. and the aforesaid I. there was not any such agreement had as the aforesaid I. above by pleading hath alleadged And this he prayes may be enquired of by the Country And the aforesaid I. in like manner c. ' Against a Butcher for selling by deceitfull weights London THo Smith complains of H. Vasey for that that is to say whereas the aforesaid Henry such a day and year and by many years then last past was a Butcher and by a great part of that time at London in the Parish c. the art of a Butcher so used and exercised accustomed to kill and dresse both Oxen and Cowes in the best manner behoved his art and the flesh of them by Haverdepoys weight according to the Lawes of this Kingdome of England was wont and accustomed for a great part of the time aforesaid to put to sale and utter to divers of the liege and faithfull subjects of our said Lord the King he the same H. afterwards at divers times to wit between the same such a day c and the fifth day of May then next following at London in the Parish c. three hundred weight of Oxe beefe not being according to the Lawes of England Haverdepoys weight to him the said T. he did falsely and fraudulently put to sale the aforesaid Henry faithfully affirming the weight by which he the said H. the aforesaid three hundred weight of Oxe beefe to him the said T. had sold as aforesaid to be Haverdepoys weight according to the Laws of England to the great deceit of him the said T. Whereupon he saith that he is worsted and hath damage to the value of 10 s. And thereupon he brings his suit c. Justification in Trespasse for a â—â—rriot custome AND the aforesaid I. Randal by I.S. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes he saith he is in no wise thereof guilty And as to the taking and driving away of the aforesaid two Cowes he sayes that the aforesaid A. ought not thereupon to have his action aforesaid against him because he saith that long before the said time of the trespasse aforesaid supposed to be made one N. Dering lately the husband of the aforesaid A. dead was seized in his demesne as of Fee of and in two Tenements whereof one Tenement called A. and the other Tenement called B. lying and being in L. aforesaid in the aforesaid County of Southampton within the Hundred of Odham And that the same N. held the aforesaid Tenements with the appurtenances of the aforesaid Iohn Randal by fealty and a certaine rent by the yeare that is to say the aforesaid Tenement called A. by fealty and the rent of three shillings and four pence and the other Tenement called B. by fealty and the rent of one shilling and six pence And further the same I. R. sayes that within the Hundred of O. aforesaid there is had and time out of mind there hath been had an ancient and laudable custome that is to say that within the Hundred of O. aforesaid every Lord of every Tenant for the time being after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred in manner and forme aforesaid that is to say by fealty and a certaine rent onely should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dying of which the same Tenant died possessed for a Herriot for every such Tenant and the same I.R. in fact saith that the aforesaid N. after and before the said time of the Trespasse aforesaid above supposed to be made to wit the tenth day of December last past before the day of the obtaining of the Bill aforesaid he the said I. R. being thereupon Lord and the aforesaid N. Tenant of him the said I. R. within the aforesaid Hundred at the time of his death being and of the aforesaid two Cowes being possessed at Warblington in the aforesaid County of Southampton of the aforesaid two Tenements dyed in his demesne as of Fee seized after whose the said N. his death by reason of the premises the aforesaid I.R. the aforesaid two Cowes of the best living beasts of the cattell of which the aforesaid N. dyed possessed for and in the name of Herriots according to the aforesaid ancient and laudable custome of right used and due he took and drove away as it was lawfull for him to doe and this he is ready to averre whereupon he prayes judgement whether the aforesaid A. ought to have her action aforesaid against him c. AND the aforesaid A. sayes The Plaintiffe pleads by protestation that as to the taking of one Cow no such custome for pleade son tort Demesne and traverses the plea. that she by any thing before alleadged ought not to be debarred from having her action aforesaid against him the said I. because by protestation that the aforesaid N. in his life time held not of the aforesaid I. the aforesaid two severall Tenements called A. and B. by the services aforesaid as the aforesaid I. above alleadgeth And as to the taking of one Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called H. the aforesaid H. by protestation saith that within the Hundred of O. aforesaid there is not had nor time out of minde there hath not been had any such ancient and laudable custome that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant yet for plea the aforesaid A. saies that the aforesaid J. the day and year aforesaid in the Declaration aforesaid above specified of his own proper injury and without such cause by him the said I. above by pleading alleadged the Close of her the said
in the same action named for any Trespass committed before any Generall Pardon to Enter aswell in the end of such Judgement And nothing of Fine of the aforesaid Defendant because he is pardoned As in the End of such Judgement And the aforesaid Defendant is to be taken and to note in the Margent of the same Rolls directly opposite to the word Capiatur in the 〈◊〉 Judgement this word Pardoned by that means giving direction 〈◊〉 the Clerk of the Estreats of the same Court where he may find them amongst the Rolls of the same Court against whom he the said Clerk doth send out and direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and come under their Fines in the same Court for their Trespasses and other causes fineable according to the Custom and Law of the Land of this Kingdom of England And against whom he should omit and forbear to send forth the like Writs And that the same Entrie of Pardon in the Margent of the Record aforesaid is and for the whole time aforesaid was as sufficient a discharge of the aforesaid partie against whom the Judgement in the same Record is rendred that he should be taken as if within the same Record it had been Entred nothing of the Fine of that partie because he is pardoned And the aforesaid I. S. in fact saith that in the Record aforesaid sent before our Lady the Queen the aforesaid word Pardon'd in the Margent of the same Record is entred and noted according to the Custom aforesaid as by that Record above appeareth And as for the other matter by the aforesaid N. for his last Error in form aforesaid assigned the same I. S. sayes that in the aforesaid Court of the Bench aforesaid there is had and time out of mind there hath been had such a Custome used and approved The Plaintif sets form the Custom to Enter the admâ—ssion upon the Roll wherein the Declaration is Entred that is to say that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next kindred in any Plea to be entred and inrolled were used to be Entred and inrolled in the Roll wherein the Declaration in that Plea was Entred and inrolled And the same I. further faith that the Declaration aforesaid of him the said I. in the Plea aforesaid against him the said N. was Entred amongst the Rolls of Robert Bernors Gent. Phillizer of the County of Suffolk to wit in the Roll 386. as in the Record aforesaid sent here to the Court of our Lady the Queen more fully appears And the same I. S. further saith that although the aforesaid Chief Justice of the Common Bench hath certified to the Lady the Queen that having searched the Rolls of the Entries of every the Prothonotaries of the aforesaid County of S. of the Term and year aforesaid in his Custodie remaining of Record he had not found in the same any Entrie of the admission of the aforesaid I. S. to prosecute by the aforesaid I. M. and W. E. next of kindred to him the said I. S. being within age against the aforesaid N. S. of the aforesaid Plea yet there is had such a Record of the admission of the aforesaid I. S. so being within age to prosecute in the aforesaid Court of Bench by the aforesaid I. M. and W. E. his next kindred against the aforesaid N.S. of the aforesaid Plea Entred in the same Bench in the aforesaid Roll 386. on which the Declaration aforesaid as is aforesaid remains Entred â—â—â—ording to the Law and Custom of the said Court of Bench aâ—â—â—â—said Which said Record as yet remains before the aforesaid Justices of the Common Bench under the Custodie of the aforesaid Chief Justice omitted as yet to be certified to our Lady the Queen Certiâ—rare awarded to Certifie the full truth And the same I. S. prayes a Writ of Certiorare of our Lady the Queen to the aforesaid Chief Justice of the Common Bench to be directed to whom the certifying aswell of the omission aforesaid as of the Customs aforesaid rests to be made to Certifie our Lady the Queen more fully of the truth thereof and it is granted unto him c. By which it is Commanded to the aforesaid Chief Justice of the Common Bench that searching the Rolls of the Entries of the aforesaid Phillâ—zor of the aforesaid County of Suffolk of the aforesaid Term of Easter in the sixteenth year aforesaid And what in the same Rolls of the omission aforesaid he shall find as also the whole and full certaintie and truth of the aforesaid severall Customs of the said Court of our Lady the Queen of the Bench from the day of the holy Trinity in fifteen dayes wheresoever c. he do certifie together with the Writ of our Lady the Queen to him thereupon directed 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 her Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed certified to her the said Lady the Queen at Westminster at the same day That in the Court of the Lady the Queen of Common Bench There is had such a custom used and approved that the Clarks of the same Court who for the time being are assigned and allowed to enter and Record in the Rols and Records of the same Court any judgements in the same Court from time to time rendred and to be rendred were used and accustomed in the entry in the Rolls and Records of the same Court the judgements rendred in the same Court in and upon any action of Trespass against the Defendant in the same action named for any Trespass committed before any generall pardon to enter aswell in the end of such judgement And nothing of Fine of the aforesaid Defendant because he is pardoned as in the end of such judgement And the aforesaid Defendant is to be taken And to note in the Margent of the same Roll direct opposite to those words in the judgement this word pardon for that reason to give direction to the Clark of the Extreats of the same Court where he shall find amongst the same Rolls of the same Court against whom he the said Clark doth send or direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and to undergoe their fines in the same Court for their Trespasses and other causes fineable according to the custom and Laws of this Kingdom of England And against whom he is to omit and forbear to send forth and direct such Writs And that such entry of pardon in the Margent of the Record aforesaid is and by the whole time aforesaid was as sufficient a discharge of the party aforesaid against whom
payment of any the said Tithes above in this behalf specified in or upon the same Tenements with th'appurtenance called the Demesns yearly in manner and form aforesaid before in this behalf alleged in whatsoever manner growing happening comming sheering milking or renewing by pretence of the said Act and of the rest of the Premisses and so thereof being seized she the said V. afterwards at B. with N. aforesaid dyed of her said estate thereof seized after whose death the said F. R. in the said Letters Patents named in the said tenements with th' appurtenances called the Demesns entred and was thereof seized in his Demesn as of Fee-tayl that is to say to him and the Heirs males of his body lawfully begotten according to the form of the said Gift and so thereof being seized the same Tenements likewise held and enjoyed from the payment of any Tithes aforesaid above in this behalf specified in or upon the same Tenements with th' appurtenances called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening comming sheering milking or renewing altogether discharged by pretence of the said Act and of the rest of the Premisses and so thereof being seized the said F. afterwards at B. with N. dyed of the said estate thereof seized after whose death the same Tenements with th' appurtenances called the Demesns according to the form of the said Gift descended unto one V. R. Esqiure as Son and Heir male of the said F. R. in the Letters Patents as it is aforespoken mentioned by virtue of which the said V. R. into the said Tenements with th' appurtenances entred and was thereof seized in his Demesn as of Fee-tayl according to the form of the said Gift And so thereof being seized the same Tenements with th' appurtenances called the Demesns likewise held and enjoyed from the payment of any of the said Tithes above specified in and upon the same Tenements with th'appurtenance called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening coming sheering milking or renewing altogether discharged by pretence of the said Act and the rest of the Premisses and so thereof being seized the said V. R. the first day of May in the 21. year of the Reign of the said now Queen at B. with N. at B. with N. aforesaid Lease for years demised the said Tenements with th' appurtenances called the Demesns unto the said V. R. the now Plaintif to have and occupy to him and his Assigns from the Feast c. then last past untill the end and term of 21. years from thence next ensuing and fully to be compleat and ended by virtue of which said Demise the said V. R. the now Plaintif into the said Tenements with th' appurtenances entred and was and as yet is thereof possessed and so thereof being possessed the same Tenements with th' appurtenances unto him as aforesaid Demised had and occupied and as yet hath and doth occupy and should and ought to have and occupy from the payment of any the said Tithes above in this behalf specified in or upon the said Tenements with th' appurtenances called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening coming sheering milking or renewing discharged by pretence of the said Act and of the rest of the Premisses And whereas farther by the Statute in Parliament held at Westminster aforesaid the fourth day of November Statute of 2. Ed. 6. that no person should sue for the payment of Tiths where c. in the second year of the Reign of the Lord Edward the sixt King of England among other things it remaineth enacted by Authority of that Parliament that no person should be sued or otherwise compelled to render give or pay any Tithes for any Mannors Lands Tenements or Hereditaments which by the Lawes and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tithes or which were discharged by any open Composition as by that Act amongst other things more fully it doth and may appear And whereas also the said Tenements with th' appurtenances called the Demesns and every part and parcell thereof from the whole time abovesaid of which the memory c. hitherto hath been and every part and parcell thereof was by the Lawes and Statutes of this Kingdom of England altogether discharged and acquitted of and from the payment of any the said Tithes above in this behalf recited of in or upon the same Tenements with th' appurtenances called the Demesns and of in or upon every or any parcell thereof in whatsoever manner by the whole time aforesaid in manner and form aforesaid before in this behalf alleged growing happening coming sheering milking or renewing And whereas also the Cognizance of such like Causes or Businesses and the Pleas of the same of Tithes against the form of the said Act and Statute desired in such Case Cognizance of a Plea in Prohibition in no manner do pertain to the Ecclesiasticall Court Notwithstanding which the said Defendant not being ignorant of the premisses Imagining unjustly to grieve oppress and weary the said V. the now Plaintif against the due form of the Lawes of this Kingdom of England and against the form and effect of the said Acts and Statutes and also against the said now Queen and her Regall Crown and it doth not belong to the Court Christian to another Tryall in the Court Christian to draw the said V. the now late Plaintif in the Court Christian before the Worshipfull and learned Master Bartholmew Clark Addition of the Judge of the Arches of London Doctor of Law lawfull Deputy Officiall of the Court of Canterbury of the Arches of London of and for the substraction and not payment of the Tithes following That is to say of the Tithes of Wheat of Marsklyn of Barley of Oats Beans Tares of Hay and Wood in the year of our Lord 1589. now comming and also four other years the next preceding of the said years and moneths in the same concurring whatsoever more one than another of in or upon the said Tenements with th' appurtenances called the Demesns growing happening and comming by the said V. the now Plaintif in those years of the Lord had and received And of and for the Substraction and not payment of Tithe of Calves Milk and Piggs in those years of the Lord falling milked brought forth and happening of Cowes and Sows of him the said V. now the Plaintif in and upon the same Tenements with th' appurtenances called the Demesns in those years of our Lord pasturing feeding and lying And of and for the Substraction and not payment of the Tithe of Wooll in those years of our Lord shorn of the sheep of him the said V. the now Plaintif in and upon the Tenements called the same Demesns with th'
appurtenances in those years of the Lord depasturing feeding and lying c. and so repeat all the Tithes the Defendant sued for in the 8th day of October in the 31. year of the Reign of the said now Queen at London that is to say in the Parish of the blessed Mary in the Arches c. drew into Plea and the said Defendant him the said V. the now Plaintif into the said Court Christian before the said spirituall Judge by the said occasion altogether unjustly inforced to appear and to answer unto the Defendant of and in the premisses And although the said V. the now Plaintif the said Statute and the rest of the premisses in discharge of the payment of the said Tithes by the said Defendant in the said Court Christian as afore it is said being required often had pleaded and alleged and had brought to prove that truth inevitable testimony Notwithstanding which the said spirituall Judge altogether refused to admit that Plea and Allegation And the said Defendant him the said V. the now Plaintif in the said Court Christian in the said Cause of Substraction of the Tithes aforesaid with all his force indevoured and from day to day devised to condemn and to compell to pay the said Tithes unto him by the definitive Sentence of the said Christian Court. Delivery of the Writ of Prohibition alleged And although the Writ of Prohibition of the said now Queen unto the said Defendant the third day of November in the 31. year of the Reign of the said now Queen aforesaid at London aforesaid in the Parish of c. in this behalf in the premisses directed and was delivered Notwithstanding the said Defendant the said Plea after that Prohibition unto him to the Contrary thereof directed delivered as afore is said that is to say the seventh day of November in the 31. year of the Reign of the said now Queen abovesaid in the said Court Christian before the spirituall Judge at London aforesaid in the Parish c. was further sued and in that Plea proceeded notwithstanding the said Writ of the said Queen of Prohibition unto him in form aforesaid directed and delivered to the contempt of the said now Queen and to the manifest damage prejudice Impoverishment and grief of him the said V. the now Plaintif and against the form and effect of the said Acts and Statutes whereupon the said V. the now Plaintif who aswell c. saith that he is the worse and hath damage to the value of 26. pounds And thereupon aswell for the said Queen as for himself produceth the Sute c. with this that the sayd V. the now Plaintif will prove that the sayd V.R. who demised the said Tenements with th' appurtenances called the Demesns unto the said V. the now Plaintif in form aforesaid is yet alive and in full life at B. with N. aforesaid remaineth And the said Defendant by Stephen Worley his Attorney commeth Defendant saith that the Abbot did not hold the Tenements discharged from the payment of Tithes and defendeth the force and Injury when c. all Contempt and whatsoever c. And saith that he did not sue the said Plea in the Court Christian aforesaid after the Queens Prohibition unto him to the contrary thereof first directed and delivered in manner and form as the said Plaintif above and against him Complaineth And of this c. And the said c. But for Consultation of the said now Queen thereupon had the said Defendant protesting that the said Rectory is not nor from the time c. was a Rectory appropriate Protestation and protesting also that the said late Abbot of the said late Monastery of the blessed Mary and St. Egwyn of Evesham aforesaid at the said time of the dissolution and suppression of the said late Monastery by all his Predecessors Abbots of the same late Monastery for the time being from the time of which to the contrary c. were not seized aswell of the Rectory aforesaid with th' appurtenances as of the said 500. acres of land 40. acres of Meadow and 100. acres of Pasture with th' appurtenances in B. with N. aforesaid called the Demesns Together at once and all at once together at once and all at once in his Demesn as of Fee in the right of his said late Monastery And also protesting that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being did not hold the said Tenements with th'appurtenance called the Demesns and every parcell thereof from the time of which to the contrary c untill the said time of the dissolution or suppression of the said late Monastery in manner and form as the said Plaintif afore against him complaineth for Plea the said Defendant saith that the said late Abbot at the said time of the dissolution or suppression of that Monastery did not hold and enjoy the said Tenements called the Demesns and every parcell thereof discharged and acquitted of and from the payment of the said Tithes in manner and form as the said Plaintif before against him complaineth And of this c. And the said c. therefore c. England ss Mich. 11. 22. of Eliz. Statute of 13. R. 2. MEmorandum that such a day in that same Term before the said Queen at Westminster came Jo. Osborn in his proper person and giveth the Court of the said now Queen here to be understood that whereas in the Statute in Parliament of the late Lord Richard late King of England the second after the Conquest at Westminster in the County of Middlesex in the 13th year of his Reign held published amongst other things that the said Admiralls or their Deputies of any business within the Kingdom of England unless onely of a matter upon the Sea done Suggestion for a Prohibition to the Admiralty for that it holdeth Plea for words Statute of 15. year of R. 2. as in the time of the said now Queen Elizabeth the third year of the Reign of _____ late King of England was duly used and in no wayes whatsoever they themselves should hinder And whereas also in the Statute in Parliament of the late King Richard the second at Westminster aforesaid in the 15th year of his Reign held amongst other things Ordeined and firmly it remaineth that all manner of Contracts Pleas and Plaints and all other matters arising within the body of the County aswell by Land as by Water and also of Wreck of Sea the Court of Admiralty should in no wayes have the Cognizance power nor Jurisdiction Cognizance of Plea And that all such Contracts Pleas and Plaints and all other Emergencies within the body of the County aswell by Land as by Water as before is said and also Wreek of Sea should be tryed ended discussed and remedied by the Lawes of the Land and not before the Admirall nor by the Admirall nor by his Deputy in any
Tenements aforesaid and their names in the Writ and that you have then there the names of those Reviewers and this Writ Witness c. The return of the same Writ remains in a certain panell to this Writ annexed the answer of L. H. and R. W. Sheriffs The Return of the Writ of Habeas Corpus Jur ' The names of the Reviewers c. and then the names of the Reviewers in the Panell c. and then thus each of the Reviewers aforesaid severally by himself is attached by I. D. and R. R. Note for a Rule Generall that the Inrolment of the Writ of Habeas Corpus ought alwaies to be in the Roll of Pleas and not elsewhere and ought to be enrolled as in the Plea following ss THe Assize came to be Revised whether G. Houghton Middlesex A Declaration in Assize of novell disseisin upon the originall Writ aforesaid March 19. Hen. 7. Roll. 69. One of the Defendants sayes that the Father of his Wife was seised of the Tenements in view put in Fee and dyed and the Defendant entred in right of his Wife and had issue and the Wife dyed and as Tenant by the Law of England hold himself in c. W. H. and R. A. unjustly c. have disseised I. R. and H. L. of their Freehold in H. after the first c. And whereupon the same I. and H. by G. C. their Attorney complain that they have disseised them of one Messuage and 18. Acres of Land with the appurtenances c. and the aforesaid G. H. by T. L. his Attorney comes and answers as Tenant of the Tenants aforesaid and sayes that the Assize thereupon between him and the aforesaid I. H. ought not to be had Because he saith that one W. B. was seised of the Tenements aforesaid with the appurtenances put in view of the revisement of the Assize aforesaid and in the Plaint aforesaid specified in his Demesn as of Fee and he being thereof seized dyed of such his estate thereof seized after whose death the Tenements aforesaid did discover to one I. the Wife of the aforesaid G. as to the Daughter and Heir of the aforesaid W. B. by which the same G. and I. in right of her the said I. as Daughter and Heir of the aforesaid W. into the Tenements aforesaid with the appurtenances did enter and were thereof seized in their Demesn as of Fee in right of her the said I. And they being so thereof seized the aforesaid G. and I. had issue between them one W. H. and afterwards the aforesaid I. L. in the Parish of St. B. in the Ward of A. London dyed and the aforesaid G. over-lived her and held himself in the aforesaid Tenements with the appurtenances and was thereof seized in his Demesn as of Freehold as holding thereof by the Law of the Land of this Kingdom of England And that the aforesaid I. R and H. clayming the Tenements aforesaid with the appurtenances by colour of a certain deed of Demise to them thereupon made for term of their life by the aforesaid W. B. in his life time Whereas nothing of the Tenements aforesaid with the appurtenances into the possession of them the said I. and H. by that Deed ever passed into the Tenements aforesaid entred upon whose said I. and H. their possession thereupon one D. D. in the same Tenements with the appurtenances entred upon whose said D. D. his possession thereupon the aforesaid G. in the same Tenements with the appurtenances did reenter as it was lawfull for him to doe and this c. Whereupon he demands judgement whether the aforesaid I. and H. the Assize aforesaid thereupon against him ought to maintain c. The other Defendants say they made no disseâ—sin And the aforesaid W. H. and R. A. in their proper persons say that they have done no injury nor dissesin to the aforesaid I. R. and H. of the Tenements aforesaid And of this they put themselves upon the Assize And the aforesaid I. R. and H. in like manner Therefore the Assize is to be taken thereupon between them c. The Plantiff says that one was seised of the Tenements and Enfeoffed the Plaintiffs to hold for ever and traverses the dying feised of the Father of the Defendants Wife The Traverse And the aforesaid I. R. and H. say that they by any thing by the aforesaid G. prealleged ought not to be debarred from having the Assize aforesaid against him because they say that one R. A. was seized of the Tenements aforesaid in view c. and in the Plaint c. specified in his Demesn as of Fee And being so thereof seized did Enfee of them the said I. R. and H. To have and to hold to them and their Heirs for ever By vertue of which said Feoffment they the said I. and H. were thereof seized in their Demesn as of Fee untill they the said I. W. and R. A. in the Writ named them the said I.R. and H. of those Tenements aforesaid with the appurtenances unjustly c. they disseised Without that that the aforesaid W. B. dyed seized in his Demesn as of Fee of the aforesaid Tenements put in view of the revisement of the Assize aforesaid in the Plaint above specified as the aforesaid G. hath above by pleading alleged And this c. Whereupon he prayes judgment and that the Assize aforesaid may be proceeded in to the taking thereof between them c. Issue taken upon the traverse And the aforesaid G. as formerly saith that the aforesaid W. B. dyed seised in his Demesn as of Fee of the aforesaid Tenements with the appurtenances as he above by pleading hath alleged and of this he puts himself upon the Assize The Assize remains to be taken for want of Reviewers and the aforesaid I. R. and H. in like manner c. Therefore the Assize is to be taken between them c. And the Reviews of the Assize aforesaid being called some of them came and the Assize aforesaid remains to be taken before the Lord the King at Westminster untill Thursday next after the morrow of St. Martyn for want of Reviews c. Therefore the Sheriff is to have them there the bodies of the Reviewers c. And in the mean time c. So that c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at VVestminster came as well the aforesaid I.R. and H. as the aforesaid G. by their Attorneys aforesaid and the aforesaid VV. H. and R. A. in their proper persons in like manner came and the Reviewers of the Assize aforesaid being called in like manner came who to speak to the truth of the premises being chosen Verdict in Assize for the Plaintiff tryed and sworn say upon their oaths that the aforesaid R. B. dyed not seised of the Tenements aforesaid with the appurtenances as the aforesaid I. R. and H. above by pleading
to say in such a day and year at c. by his certain Writing obligatory sealed with the Seal of him the said R.N. in his life and unto the Court c. whose Date c. acknowledged himself to be holden and firmly bound unto the said R.B. in his life in the aforesaid 60. l. to be paid unto the said R.B. his Executors or Administrators on the Feast of St. Michael the Arch-Angel from thence next ensuing notwithstanding the aforesaid R.N. in his life and the aforesaid A.N. after the death of him the said R.N. although often requested c. the aforesaid 60. l. unto the said R.B. in his life and the said W.B. unto whose Administration of all and singular the Goods and Chattels Rights and Credits which were of the said R.B. at the time of his death by T. Watts Arch-Bishop of Middlesex lawfully deputed 25. day of May in the year of our Lord 1577. at London was committed have not hitherto paid nor either of them hath paid but the same unto the said R.B. in his life and the said W.B. after the death of him the said R.B. have altogether denyed to pay and the aforesaid A.N. doth deny to pay and the same unto said W. as yet doth unjustly detain to the damage of him the said W. 40. pounds and in delay of the Execution of the Administration aforesaid and thereupon he bringeth his Sute and profereth here in Court the aforesaid Letters of Administration of the said W. by which it plainly makes appear unto the Court of the said Lady the Queen here him the said W. to be Administrator of the Goods and Chattels aforesaid c. An Action upon the Statute of Maintenance ss I. F. Who aswell for the Lady the Queen as for himself prosecuteth and complaineth of H.B. in the custody of the Marshall c. of a Plea that he render unto the said Queen and unto the said I. 10. l. of lawfull c. which unto the said Lady the Queen and to the said I. who aswell c. doth owe and unjustly detein for that that is to say That whereas in the Statute in the Parliament of the Lord H. the 8. late King of England at Westminster in the County of Middlesex 28 day of April in the one and thirtieth year of his Reign began to be held and there through divers prorogations untill to the 25. day of May in the two and thirtieth year of his Reign prorogued and continued The words in pleading that the Parliament is prorâ—gued and then and there held by the said Lord the King with the assent of the Lords Spirituall and Temporall and of the Commons there it was enacted that no person or persons of whatsoever State degree or condition he or they should be or were from thenceforth hereafter he or they should unlawfully maintain or cause or procure any unlawfull Maintenance in any Action Demand Sute or Complaint in any Court of the said Lord the King of the Chancery Star-Chamber Whitehall or else-where within any the Dominions of the Kingdom of England or of Wales or in the Marches of the same where any person or persons hath or then hereafterwards should have authority by virtue of a Commission of the Lord the Kings Letters Patents or Writ to hold a Plea of Land or to examine hear or determine any Title of Land or any matter or Witnesses concerning the Title Right or Interest of any Lands Tenements or Hereditaments and also that no person or persons of whatsoever state degree or condition he or they be or were from thenceforth in time to come should unlawfully retein for maintenance of any Sute or Plea any person or persons to imbrace any Freeholders or Jurors or should suborn Witnesses by Letters reward promise or any other sinister labour or means to maintain any matter or cause to the disturbance or hindrance of Justice or to the procuration or occasioning of any Perjurie by false Verdict or otherwise in any Court aforesaid under the pain of forfeiting for every such offence 10. l. of which one moity thereof should be unto the said late King his Heirs or Successors but the other unto him who therefore will prosecute by action of Debt Bill Plaint or information in any Court of the said late King where no Essoin Protection wager of Law injunction shall be allowed as in the same Statute amongst other things is more fully contained notwithstanding the said H. the aforesaid Statute no wise regarding nor the penalty in the same contained any manner of way fearing a certain Bill of plaint before her the said Lady the Queen at W. as yet hanging undetermined between one R.K. Plaintif and the aforesaid I.F. of a Plea of Trespass on the behalf of the said R.K. against the aforesaid I.F. in such a day and year at c. hath maintained and upheld to the manifest disturbance and hindrance of Justice and in Contempt of the Lady the now Queen and against the form of the aforesaid Statute by which an Action did accrew unto the said I.F. aswell for the Lady the Queen as for himself to require and have of the said H.B. the aforesaid ten pounds notwithstanding the aforesaid H. although he hath been often requested c. the aforesaid 10. l. unto the said I.F. who aswell c. hath not as yet paid but the same to him hitherto hath altogether denyed to pay and as yet doth deny to the damage of him the said F. five pounds and thereupon he bringeth his Sute c. ss P. S. Who aswell for the Lady the Queen as for himself A Declaration upon the Statute of Perjury prosecuteth and complaineth of W. O. in the custody of the the Marshall of a Plea that he render unto the said Lady the now Queen and unto the said P. 20. l. of lawfull c. which unto the said Queen and unto the said P. who aswell c. doth owe and unjustly detein for that that is to say that whereas in a Statute in Parliament of the Lady the now Queen at W. in the County of Middlesex on the 12. day of January in the fifth year of her reign holden published amongst other things it was firmly Ordained and Enacted by the Authority of that Parliament that if any person or persons after the 10th day of April then next following either by subordination unlawfull procuration sinister perswasion or means of any other by their proper Act consent or agreement voluntarily and corruptly should commit any voluntary perjury by his or their deposition in any the Kings Chancery Courts of the Star-chamber Whitehall or elsewhere within the Kings Dominions of England or Wales or in the Marches of the same where any person or persons hath or have authority by virtue of the Kings Commission of Paâ—ent or Writ to hold Plea of Land or to examine or determine any Title of land or any matter or Witnesses concerning the Title Right and Interest of
any Lands Tenements or Hereditaments or in any Courts of Record or in any Leet or View of Frank-pledge in a Court day called Law-day or in any Court in antient Demesn Hundred Court Court Barron or in the Court or Courts of the Stannery in the County of Devon and Cornwall or being examined to the perpetuall memory of a thing that then whatsoever person and persons so offending and being duly convicted or attainted by the Laws of this Kingdome of England for his or their said offences shall lose and forfeit unto the said Lady the Queen 20. pounds and should have Imprisonment by the space of six moneths without Bail or Mainprise and that the Oath of such person or persons so offending from thenceforth afterwards in any Court of Record should not be taken within this Kingdom of England or Wales or Marches of the same till what time the Judgement given against the said person or persons should be made void or revoked by Attainder or otherwise that upon every such kind of Revocation the parties grieved shall recover his or their Dammage against all and singular such person and persons as should procure the said Judgement so revoked to be rendered against him or them or any of them by Action or Actions to be prosecuted upon his or their Case or cases according to the course of the Common Lawes of this Kingdome of England and if it should happen the said offendor or offendors not to have any goods or chattells to the value of 20. pounds that then he or they should be put upon the Pillory in any Market place within the County City or Burrough where the said offence should be committed by the Sheriff or his Officers if they should happen to be without any City or Town Corporate then by the chief Officer or Officers of such City or Town Corporate or by his or their Officers And there should have both his ears nayled and from thenceforth should be discredited and disabled for ever to be sworn in any the Kings Courts of Record aforesaid untill the Judgement should be reversed and thereupon to recover his Damages in manner and form before mentioned one Moity of which said sum of Money to be forfeited in manner and form aforesaid should be to the said Lady the now Queen her Heirs and Successors and the other Moity thereof unto such person or persons as should be grieved hindred or molested by reason of the offence or offences before mentioned who therefore would prosecute by action of Debt Bill Plaint Information or otherwise in any the Kings Courts of Record in which no Wager of Law Essoin Protection or Injunction should be allowed as in the said Statute amongst other things more fully it is manifested and it appeareth And where also c. ss A. B. Late of London Taylor Declaration in Debt after Verdict and Judgement in Trespas in the Kings Bench upon Recognizance there against one of the Bayl. Easter 6. H. 8. Roll. 432. was Summoned to answer R.H. of a Plea that he render unto him 100. pounds of lawfull money of England which c. And thereupon the said R. by R. I. his Attorney saith that whereas he the Monday next after fifteen dayes of the holy Trinity in the fourth year of the Reign of the now King before him the said Lord the King at Westminster in his proper Person came and appeared and then and there in the Court of the said King brought his Bill against one W.G. Mercer in the Custody of the Marshal of the Marshalsea of the Lord the King before him the King then and there being of a Plea of Trespass and the Pledges to prosecute are Philip Mason and John Wicham by which said Bill the said R. Complained of the said W. of that that he the second day of July in the third year of the said now King with force and arms that is to say with Swords c. the house of him the said R. at London in the Parish c. had broke and other wrongs to him had done against the Peace c. to the damage c. and the aforesaid W. by T.C. his Attorney appearing commeth and defendeth the force and Injury when c. and saith that he in no wise was thereof guilty concerning the Trespass aforesaid as the said R. above against him Complained And of this he put himself upon the Countrey And the aforesaid R. likewise c. therefore thereupon commeth the Jury before the Lord the King at Westminster the Monday next after eight c. of St. Michael And who neither c. to Recognize Entrie of Recognizance after Issue ioyned c. because aswell c. the same day was given to the parties aforesaid there c. And upon this before the said Lord the King at Westminster in the said County of Middlesex personally then and there commeth I.G. of London Gent. and L.G. of London Gent. and the aforesaid A. the Manucaptors for the said W.G. that is to say under the pain of 100. pounds which they acknowledged and every of them for himself acknowledged of his Lands and Chattels and of every of them to be done And to the use of the said R. to be levyed and likewise the said W.G. assumed for himself under the pain of 100. pounds which he acknowledged of his Lands and Chattels to be executed and to the use of the said R. to be levyed if the said W. all such Damages Costs and charges in which it should happen him the said W. in the Plea aforesaid in any manner lawfully to be overthrown doth neither pay or himself to the Prison of the Marshall of the Lord the King before him the King in that occasion not to render c. At which said day of Monday next after eight c. of St. Michael before him the Lord the King at Westminster commeth aswell the aforesaid R. in his own person as the said W.G. by his foresaid Attorney And the Sheriff then sendeth a Writ of Venir ' fac ' 24. c. in all Services and Executions together with the Pannell of the names of the Jurors thereupon impannelled upon which the Jurors of that Jury being called likewise come who being chosen tryed and sworn to speak to the truth of the Premisses Say upon their Oath that the said W. was guilty of the Trespass aforesaid even as the said R. had above Complained And they Assessed the Damage of him the said R. by reason of the Trespass as in the Verdict for which it was considered at that time in the same Court before him the Lord the King that the said R. should recover against the said W c. as in the Record even as in that Record it more fully appeareth And the said R. saith that afterwards the said W.G. in Damage Costs and charges aforesaid was convicted and after Judgement was thereupon given hitherto the said W.G. the Damage Cost and Charges unto the said R. hath not paid
ACTIONS OF PROHIBITION PROHIBITION ss MEmorandum England Suggestion where the Suggestor affirmeth the Tenement whereof the Tithes are required to be held parcel of a Priory that the Tuesday next after the Month of Easter in that same Term before the Queen at Westminster cometh W. C. in his proper person and giveth unto the said Queen here to be understood that whereas M.W. late Prioresse of the late Priorship of P. in the County of W. was of late seized of and in the same late Priorship of and in one Orchard one Close called the Barn-yard containing by estimation half an acre of Meadow and Pasture of one Close and Meadow called Mott Meadow conteining by estimation sixteen acres of Pasture in P. in the said County unto the same late Priory lately belonging and apperteining and parcell of the possessions thereof and from the time of which the Memory of men is not to the contrary untill the time of the Dissolution or suppression of the said late Priory and also at the time of the dissolution or suppression of the same for himself his Farmers or Tenants thereof for the time being amongst other things they had held and occupied discharged of and from the payment of any Tythe of Hay of in or upon those Tenements with th' appurtenances or any parcell thereof yearly in whatsoever manner by the whole time aforesaid growing renewing comming forth or happening and the said late Prioresse of the said late Priory and of the sayd Tenements with th' appurtenances so as it is beforesaid from the payment of the Tythe of Hay thereupon growing renewing or taken being seized discharged the said late Priory and all the Lands Tenements and Hereditaments unto the same late Priory lately belonging whereupon c. by force of a Statute in Parliament at Westminster in the County of Middlesex in the 27th year of the Reign of H. 8. Statute of â—7 year of H. 8. for suppression of land belonging unto religious houses late King of England held published were suppressed or dissolved and to the hands of the same late King by virtue of that suppression came by virtue of which the said late King was seized of and in the said late Priory and the said Tenements called M. Meadow and R. Close in his Demesn as of Fee in right of his Crown of England And whereas in the Statute in Parliament of the said late King H. 8. Statute of 31. year of H. 8. for the discharge of their land for the payment 〈◊〉 Tithes c. held at VVestminster aforesaid the 28. day of April in the year of his Reign the 31th amongst other things It was firmly Ordeined that as well the said late King his Heirs and Successors as all and singular other Persons their Heirs and Assigns who then had or from thenceforth afterwards should have any Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Ecclesiasticall houses or places Sites Circuits and Precincts of them or any of them or any Mannors Rectories Appropriations Tythes Pensions Portions or any Hereditaments whatsoever which before then did belong or appertein or which then did belong or appertein unto the said Abbeys Monasteries Priories Nunneries Colleges Hospitalls Fryer houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold reteyn keep and enjoy aswell the said Rectories Appropriations Tythes Pentions Porsions as the said Monasteries Abbeys Priories Nunneries Colleges Fryer houses and other Religious and Ecclesiasticall houses Sites Circuits and Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever and all of them according to their estates and every of their Titles discharged and acquitted from the payment of Tythes so freely and in as ample manner and form as the said late Abbots Priors Nuns Prioresse and Ecclesiasticall Governours or Governesses or of any of them they should have hold occupy possesse use or enjoy the same or any parcell thereof at the dayes of their dissolution suppression dissertion forfeiture Surrender or comming to the hands of the said late King of such Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Religious houses or places or at the day of Dissolution Surrender or be comming to the hands of the said Late King of any of them by the said Act or any thing in the same conteined to the contrary thereof notwithstanding by force of which said Statute or by pretence of the rest of the Premisses the said late King H. 8. held the said Premisses with the appurtenance called M. Meadow and R. Close by himself his Farmees and Tenants thereof had and held discharged from the payment of the Tyth of Hay of in and upon the same tenements with th'appurtenance or any parcell thereof yearly in whatsoever manner growing renewing comming or happening and so thereof being seized the said late King afterwards that is to say _____ day _____ in the year of his Reign _____ at Westminster in the County of Middlesex by his Letters Patents sealed with his great Seal of England and in due manner executed bearing date the same day and year gave and granted the said Tenements with th' appurtenances called M. Meadow and R. Close with th'appurtenance unto the aforesaid W.C. To have to him and his Heirs for ever To hold of the same late King as of _____ by pretence of which said Letters Patents the said W.C. into the said tenements called M. Meadow and R. Close with th'appurtnance entred and was thereof seised in his Demesn as of Fee and so thereof being seized the same tenements with th' appurtenances by himself his Farmers or Tenants had and held discharged from the payment of any Tyth of Hay of in or upon the said Tenements called M. Mead and R. Close or any parcell thereof yearly in whatsoever manner growing renewing comming or happening by pretence of the said Act and of the rest of the Premisses And whereas also in the Statute in Parliament of the said late King H. 8. Statute 31. H. 8. that no person should be sued or constrained to pay Tythes where c. The like Statute of the second year of Edw. the 6th held at Westminster aforesaid in the 31. year abovesaid It was enacted that no person nor persons should be sued or constrained to render give or pay any Tythes for any Mannors Lands Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or prescription were not chargeable with the payment of Tythes And further whereas in the Statute of the late King Edw. the 6th in the second year of his Reign amongst other things firmly it remaineth that no person should sue or otherwise Compell to render give or pay Tyths for any Mannors Lands Tenements or Hereditaments which by the Lawes and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tythes of Hay thereupon growing taken
or had but by that whole time were and every part and parcell thereof was altogether discharged from the payment of such Tythes as afore it is said And whereas also such causes or businesses and the Cognizance of the same Pleas of Tythes against the form of the aforesaid Acts and Statutes demanded should not appertain to the Ecclesiasticall Court in any manner notwithstanding the said W.S. Farmer of the Rectory of R. in the said Counties of Warwick Worcester Diocesse not being ignorant of the Premisses thinking him the said W.C. against the due form of the Law of this Kingdom of England and against the form and effect of the said Statute unduly to grieve oppresse and weary and also the said now Queen and her Regall Crown and the Cognizance of Pleas to deprive which to the said Queen and her Regall Crown and not to the Court Christian doth belong to another Tryall in the Christian Court to bring him the said W.C. into the said Court before the Worshipfull c. as insuing of and for the taking away and non-payment of the Tyth of Hay by the said W. C. of in and upon the Tenements with th' appurtenances in the year of our Lord 1570. from thence comming had and taken the supposed Tyth of that Hay to have been thereout comming of the said Closes called R. and M. and of divers parcells of Meadow unto the same adjoyning and unto the Mannor of P. belonging and appertaining within the bounds and Limits of the said Parish Church of R. and the tythable places of the same brought into the Plea and the said W. S. him the said W. C. in the Court Christian aforesaid before the said spirituall Judge by the said occasion to appear and unto the said W. S. of and in the Premisses unjustly inforced to answer And although the said W. C. the said matter in this suggestion conteined in the said Court Christian before the said spirituall Judge in his discharge in the Premisses had pleaded and brought inevitable testimony to prove the same Notwithstanding the said Judge altogether refused to admit the said Plea and allegation And the said W. C. in the said cause if Substraction of the said Tyth to condemn and to compell him to pay the said Tyth of Hay by the definitive sentence of the said Court Christian and with all his forces indeavoured and from day to day was dâ—vising to the Contempt of the now said Queen and the Damage prejudice impoverishing and manifest grievance of him the said W. C. and against the force form and effect of the said Statute And this the said W. C. is ready to prove Whereupon the said W. C. most humbly imploring the aid and munificence of the Court of the said Queen unto him desireth Remedy and a Writ of the said Queen of Prohibition unto the said spirituall Judge or unto any Competent Judge in this behalf whatsoever to be directed that neither they nor any of them the said Plea touching the premisses in what manner soever before them or any of them may any further hold c. And it is granted to him c. A Declaration for that the Defendant 〈◊〉 pâ—osecuted in the Court Christian after the Queens Prâ—hâ—bâ—tion U. K. Esquire who aswell for the said Queen prosecuteth as for himself Complaineth of W.S. Farmer of all and singular the Tythes to the Rectory of the parish Church of Badby with Neâ—â—ham in the County of Northampton aforesaid in the Diocesse of Peterborrough and of the Province of Canterbury in the Custody of the Marshall c. of a Plea wherefore he is prosecuted in the Court Christian against the Queens Prohibition unto him formerly thereof to the contrary directed and delivered for that Suggestion for Prohibition for that the said Rectory unto an Abbot was appâ—opriate and hâ—ld discharged of the payment of any Tithes that is to say that whereas within the said Parish of B. with N. in the said County of N. there hath been and remained and from the time of which contrary the Memory of men remaineth not there had been accounted and there were aswell a Rector and a Vicar as a Rectorie and Vicarage of the parish Church of B. with N. aforesaid which said Rectory is and from time out of the memory of man was a Rectorie appropriate And whereas Philip late Abbot of the late Monastery of the blessed Mary of St. Ogwin of Eversham in the County of VVorcester at the time of the dissolution and suppression of the same late Monastery and all his Predecessors Abbots of the same late Monastery for the time being from the time out of the memory of man were seized aswell of the said Rectory with th' appurtenances as of D. acres of Land 40. acres of Meadow Together at once and all at once seized and 100. acres of Pasture with th'appurtenance in B. with N. aforesaid called the Demesns together and at once and all at one time in his Demesn as of Fee in the right of his said late Monastery and that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being the said Tenements with th' appurtenances called the Demesns and every parcell thereof from time out of mind untill at the time of the dissolution or suppression of the said late Monastery And also the said late Abbot at the time of the dissolution or suppression of that Monastery held and enjoyed discharged and acquitted of and from the payment of the Tythes following that is to say of the Tythes of Grain Hay of in or upon the said Tenements with th' appurtenances called the Demesns yearly in whatsoever manner growing happening renewing or comming and the Tythes of Lambs and of Wooll sheer'd by Sheerers falling and happening of Sheep in or upon the said Tenements with th' appurtenances depasturing feeding and lying and also of the Tythes of Heifers and of Milk falling happening and milkt of Cowes in and upon the same Tenements with th'appurtenance depasturing feeding and lying and also the Tythes of Herbage and of whatsoever dry or barren Cattell in and upon the said Tenements with th'appurtenance depasturing feeding and lying and also of the Tythes of Pigs falling and happening of Sows in and upon the same Tenements with th' appurtenances depasturing feeding and lying and also of the Tythes of Wood and Underwood growing and happening in and upon the said Tenements with th'appurtenance And whereas the said late Abbots as well of the said Rectory with th'appurtenance as of the said Tenements with th'appurtenance called the Demesns for the payment of the said Tythes for the said occasion afore alleged is discharged as before it is said Statute of 31. H. 4. for holding religious Lands in such form as Abbots c. and others held being seized by a Statute in Parliament of H. 8. late King of England held at VVestminster the 23. day of April in the 31. year of
manner whatsoever And whereas also all and singular Pleas of whatsoever trespasses speeches and publishing of scandalous English words whatsoever touching and concerning the Banckruptery or insufficiency or poverty of any person being a Merchant at the time of the speaking or publishing of the same scandalous English words and all other such Pleas and matters onely are not of the Test or Jurisdiction but doe specially appertein and belong to their now Queen and her Regall Crown and by the Lawes of the Land of this Kingdome of the said Queen of England they ought not in any manner whatsoever to be tryed ended and discussed before the Admirall or by the Admirall or by his Deputy and from the time of mans memory they ought and were accustomed to be tryed c. by the Lawes of the Land Notwithstanding which one John Raynes Merchant of the City of London not being ignorant of the Premisses cunningly devising and intending the same J. Osborn against the due form of the Law of this Kingdom of England unduly to grieve oppress and weary out and the said now Queen and her Regall Crown to dis-inherit and also the Cognizance of a Plea which to the same Queen and her Regall Crown in this behalf and not to the Court of Admiralty doth belong to another Tryall in the Court of Admiralty to draw him the said J. O. in the Court of Admiralty before the Worshipfull and excellent man The stile of the Judge in the Court Admirall Mr. David Lewis Doctor of Lawes chief President of the Court of Admiralty or his lawfull Deputy or other competent Judge in this behalf whatsoever of and for the protestation of the insufficiencie and disabling of the said John Raynes Merchant being as before is spoken of and of and for the speaking publishing and affirming of the English words following that is to say c. as by the Libell of him the said J.R. against him the said Jo. Osborn exhibited and here profered to the Court more plainly it may and doth appear where in truth the speaking publishing and affirming of the said scandalous words and the aforesaid protestation by the said J. O. before supposed to be done in the said Libell specified if any or which like speech divulging affirming or Protestation were had and done at Guilford in the County of Surrey and not upon the main Sea nor within the Maritine Jurisdiction And the said J.R. the same J. O. in the said Court of the said Admiralty to condemn and the said J. R. of and in the Premisses to answer with all his Forces as yet endevoureth and from day to day cunningly deviseth And although the said John Osborn all and singular the Premisses in the Court of the said Admiralty before the aforesaid Judge of the Court of that Admiralty for his discharge in the Premisses had often pleaded alleged and brought inevitable testimony to prove Notwithstanding which the Judge of the Court of that Admiralty altogether refused to admit that Plea and allegation in contempt of the said now Queen and to the manifest damage prejudice impoverishment and grief of him the said John O. And this the said J.O. is ready to prove whereupon the said John here most humbly imploring the gracious Ayd of the Court of the said Queen prayeth remedy and the Writ of Prohibition of the said Queen to be directed to the Judge of the Court of that Admiralty to prohibit him that he in no wise should any further hold the aforesaid Plea of the Premisses in any manner whatsoever depending before him c. And it is granted unto him c. ACTIONS OF REPLEVIN REPLEVIN ss AND the said R. R. by T.S. his Attorney cometh and defendeth the force and Injury when Defendant justifies the taking of the Cattell for Rent behinds c. And doth well avouch 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. is and from the time of the said taking and before was one acre of Land in R. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said R. was seized in his Demesn as of Fee of one Messuage one Garden ten acres and half an acre of land and two acres of Wood with th' appurtenances in R. aforesaid whereof the said place in which c. is And at the said time in which c. was parcell And so being thereof seized that same Messuage Garden land and Wood with th'appurtennaces long before the time of the taking aforesaid that is to say at the Feast of St. Andrew the Apostle in the year of the Reign of the Lord Edward late King of England the fourth after the Conquest brother of the Lord the now King 22. at R. aforesaid Demised unto the foresaid I.A. To have to him from the same Feast as long as it should please him the said R. yielding therefore yearly unto the said R. as long as the said J. should have and occupy the said Messuage Garden Land and Wood 21. shillings at the Feast of Pentecost and Andrew the Apostle by equall portions yearly to be paid by virtue of which Demise the said I.A. the said Messuage Garden land and wood with th' appurtenances from the said Feast of St. Andrew the Apostle untill the Feast of Saint Andrew the Apostle next before the time of the taking aforesaid had and occupied And for that that 21. shillings of the said Lease by the said time unto him the said R. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the sayd Cattell in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth Judgement and the return of the said Cattell to be adjudged unto him c. Plaintif saith that before the Defendant had any thing one N. was seized of the Premisses and afterward the said Land descended to the Wife of the Plaintif as Heir of N. by which the Plaintif claimed the Tenements in hereditarie right and that the Defendant had nothing in the Tenements unlesse by Intrusion Claim ss ANd the said J. A. saith that the said R. the taking of the said Cattell in the foresaid place in which c. by any matter before alleged that he ought not to avouch the same to be just because he saith that long before the time of the said Caption and long before the said R. had any thing in the said Messuage Garden land and Wood with th' appurtenances one N. A. was thereof seized in his Demesn as of Fee and dyed of such his estate thereof seized after whose death the right of the aforesaid Tenements with th'appurtenaces descended unto one T. A his Son and Heir of him the said N. and the said R. after the death of the said N. into
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