APPENDIX. No. 1. PROCEEDINGS ON A WRIT OF RIGHT PATENT. SECT. 1.-WRIT OF RIGHT PATENT IN THE COURT-BARON. GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, to Willoughby, earl of Abingdon, greeting. We command you that without delay you hold full right to William Kent, Esquire, of one messuage and twenty acres of land with the appurtenances, in Dorchester, which he claims to hold of you by the free service of one penny yearly in lieu of all services, of which Richard Allen deforces him. And unless you do so, let the sheriff of Oxfordshire do it, that we no longer hear complaint thereof for defect of right. Witness ourself at Westminster, the twentieth day of August, in the thirtieth year of our reign. JOHN DOE, Pledges of prosecution, RICHARD ROE. SECT. 2. WRIT OF TOLT, TO REMOVE IT INTO THE COUNTY COURT. CHARLES MORTON, Esquire, sheriff of Oxfordshire, to John Long, bailiff, errant of our lord the king and of myself, greeting. Because by the complaint of William Kent, Esquire, personally present at my county court, to wit, on Monday, the Sixth day of September, in the thirtieth year of the reign of our lord George the Second, by the grace of God, of Great Britain, France and Ireland king, defender of the faith, and so forth, at Oxford, in the shire-house there holden, I am informed, that although he himself the writ of our said lord the king of right patent directed to Willoughby, earl of Abingdon, for this that he should hold full right to the said William Kent, of one messuage and twenty acres of land, with the appurtenances, in Dorchester, within my said county, of which Richard Allen deforces him, hath brought to the said Willoughby, earl of Abingdon; yet for that the said Willoughby, earl of Abing don, favoureth the said Richard Allen in this part, and hath hitherto delayed to do full right according to the exigence of the said writ, I command you on the part of our said lord the king, firmly enjoining, that in your proper person you go to the court-baron of the said Willoughby, earl of Abingdon, at Dorchester aforesaid, and take away the plaint, which there is between the said William Kent and Richard Allen by the said writ, into my county court to be next holden; and summon by good summoners the said Richard Ållen, that he be at my county court, on Monday, the fourth day of October next coming, at Oxford, in the shire-house there to be holden to answer to the said William Kent thereof. And have you there then the said plaint, the summoners, and this precept. Given in my county court, at Oxford, in the shire-house, the sixth day of September, in the year aforesaid. SECT. 3. WRIT OF PONE, TO REMOVE IT INTO THE COURT OF COMMON PLEAS GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriff of Oxfordshire, greeting. Put at the request of William Kent, before our justices at Westminister, on the morrow of All Souls, the plaint which is in your county court by our writ of right, between the said William Kent, demandant, and Richard Allen, tenant, of one messuage and twenty acres of land, with the appur tenances, in Dorchester; and summon by good summoners the said Richard Allen, that he be then there, to answer to the said William Kent thereof. And have you there the summoners and this writ. Witness ourself at Westminister, the tenth day of September, in the thirtieth year of our reign. 1199 No. 1. SECT. 4. WRIT OF RIGHT, QUIA DOMINUS REMISIT CURIAM. GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth, to the sheriff of Oxfordshire, greeting. Command Richard Allen, that he justly and without delay render unto William Kent one messuage and twenty acres of land, with the appurtenances in Dorchester, which he claims to be his right and inheritance, and whereupon he complains that the aforesaid Richard unjustly deforces him. And unless he shall so do, and *if the said William shall give you security of prosecuting his claim, then summon by good summoners the said Richard, that he appear before our justices at Westminster, on the morrow of All Souls, to show wherefore he hath not done it. And have you there the summoners and this writ. Witness ourself at Westminster, the twentieth day of August, in the thirtieth year of our reign. Because Willoughby, earl of Abingdon, the chief lord of that fee, hath thereupon remised unto us his court. prosecution. Sheriff's return Pledges of John Doe. Writ. Dominus Court. Esplees. Defence. Wager of battel. [*iv] Replication. L Richard Roe, Summoners of the } John Den. SECT. 5. THE RECORD, WITH AWARD OF BATTEL.† Pleas at Westminster before Sir John Willes, knight, and his brethren justices of the bench of the lord the king at Westminster, of the term of Saint Michael, in the thirtieth year of the reign of the lord George the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, &c. Oxon, WILLIAM KENT, esquire, by James Parker, his attorney, demands to wit. against Richard Allen, gentleman, one messuage and twenty acres of land, with the appurtenances in Dorchester, as his right and inheritance, by Remisicuriam, writ of the lord the king of right, because Willoughby, earl of Abingdon, the chief lord of that fee, hath now thereupon remised to the lord the king his court. And whereupon he saith that he himself was seized of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in the time of peace, in the time of the lord George the First, late king of Great Britain, by taking the esplees thereof to the value‡ [of ten shillings and more, in rents, corn and grass]. And that such is his right he offers [suit and good proof]. And the said Richard Allen, by Peter Jones, his attorney, comes and defends the right of the said William Kent, and his seisin, when [and where it shall behoove him], and all [that concerns it], and whatsoever [he ought to defend] and chiefly the tenements aforesaid, with the appurtenances, as of fee and right [namely, one messuage and twenty acres of land, with appurtenances in Dorchester]. And this he is ready to defend by the body of his freeman, George Rumbold by name, who is present here in court, ready to defend the same by his body, or in what manner soever the court of the lord the king shall consider that he ought to defend. *And if any mischance should befall the said George (which God defend), he is ready to defend the same by another man, who [is bounden and able to defend it]. And the said William Kent saith, that the said Richard Allen unjustly defends the right of him the said William, and his seisin, &c., and all, &c., and whatsoever, &c., and chiefly of the tenements aforesaid with the appurtenances as of fee and right, &c., because he saith, that he himself was seized of the tenements aforesaid, with the appurtenances, in his demesne as of fee and right, in the time of peace, in the time of the said lord George the First, late king of Great Britain, by taking the esplees thereof to the value, &c. And that such is his right, he is prepared to prove by the body of his freeman, Henry Broughton by name, who is present here in court ready to prove the same by his body, or in what manner soever the court of the lord the king shall consider that he ought to prove; and if any mischance should befall the said Henry (which God defend), he is ready to prove the same by another man, who, &c. And hereupon it is demanded of the said George and Henry, whether they are ready to make battle as they Gages given. before have waged it; who say that they are. And the same George Rumbold giveth gage of defending, and the said Henry Broughton giveth gage of proving; and such engagement being given as the manner is, it is demanded of the said William Kent and Richard Allen, if they can say any thing wherefore battel ought not to be awarded in this case; who say that they cannot. Therefore it is considered, that battel be made thereon, &c. And the said George Rumbold findeth pledges of battel, to wit, Paul Jenkins and Charles Carter; As to battel, see page 837, n. 7. Joinder of battel Award of Pledges. N. B. The clauses between hooks, in this and the subsequent numbers of the appendix, are usually no otherwise expressed in the Records than by an &c. 1200 No. I. Fields. and the said Henry Broughton findeth also pledges of battel, to wit, Reginald Read and Simon Tayler. And thereupon day is here given as well to the said William Kent as to the said Richard Allen, to wit, on the morrow of Saint Martin next coming, by the assent as well of the said William Kent as of the Continuance. said Richard Allen. And it is commanded that each of them then have here his champion, sufficiently furnished with competent armour as becomes him, and ready to make the battle aforesaid; and that the bodies of them in the mean time be safely kept, on peril that shall fall thereon. At which day here Champions come as well the said William Kent as the said Richard Allen by their attor- appear. neys aforesaid, and the said George Rumbold and Henry Broughton in their proper persons likewise come, sufficiently furnished with competent armour as becomes them, ready to make the battle aforesaid, as they have before waged it. And hereupon day is further given by the court here, as well to the said Adjournment William Kent as to the said Richard Allen, at Tothill, near the city of West- to Tothill minster, in the county of Middlesex, to wit, on the morrow of the Purification of the Blessed Virgin Mary next coming, by the assent as well of the said *William as of the aforesaid Richard. And it is commanded, that each of them have then there his champion, armed in the form aforesaid, ready to make the battle aforesaid, and that their bodies in the meantime, &c. At which day here, to wit, at Tothill aforesaid, comes the said Richard Allen by his attorney aforesaid, and the said George Rumbold and Henry Broughton in their proper persons likewise come, sufficiently furnished with competent armour as becomes them, ready to make the battle aforesaid as they before had waged it. And the said William Kent being solemnly called doth not come, nor hath prosecuted his writ aforesaid. Therefore it is considered, that the same William Demandant and his pledges of prosecuting, to wit, John Doe and Richard Roe, be in mercy nonsuit. for his false complaint, and that the same Richard go thereof without a day, &c., and also that the said Richard do hold the tenements aforesaid with the appurtenances, to him and his heirs, quit of the said William and his heirs, for- Final judgment for the tenant. ever, &c. SECT. 6. TRIAL BY THE GRAND ASSIZE. -And the said Richard Allen, by Peter Jones, his attorney, comes and Defence. defends the right of the said William Kent, and his seisin, when, &c., and all, &c., and whatsoever, &c., and chiefly of the tenements aforesaid with the appurtenances, as of fee and right, &c., and puts himself upon the grand assize Mise. of the lord the king, and prays recognition to be made, whether he himself hath greater right to hold the tenements aforesaid with the appurtenances to him and his heirs as tenants thereof as he now holdeth them, or the said William to have the said tenements with the appurtenances, as he above demandeth them. And he tenders here in court six shillings and eight pence to Tender of the use of the lord the now king, &c., for that, to wit, it may be inquired of the demi-mark. time [of the seisin alleged by the said William]. And he therefore prays, that it may be inquired by the assize, whether the said William Kent was seized of the tenements aforesaid with the appurtenances in his demesne as of fee in the time of the said lord the king George the First, as the said William in his demand before hath alleged. Therefore it is commanded the sheriff, that he Summons of summon by good summoners four lawful knights of his county, girt with the knights. swords, that they be here on the octaves of Saint Hilary next coming, to make election of the assize aforesaid. The same day is given as well to the Return. said William Kent as to the said Richard Allen here, &c. At which day here come as well the said William Kent, as the said Richard Allen; and the sheriff, to wit, Sir Adam Alstone, knight, now returns, that he had caused to be summoned Charles Stephens, Randel Wheler, Toby Cox, and Thomas Munday, four lawful knights of *his county, girt with swords, by John Doe and Richard Roe his bailiffs, to be here at the said octaves of Saint Hilary, to do as the said writ thereof commands and requires; and that the said summoners, and each of them, are main prized by John Day and James Fletcher. Whereupon the said Charles Stephens, Randel Wheler, Toby Cox, and Thomas Munday, four lawful knights of the county aforesaid, girt with swords, being called, in Election of the their proper persons come, and being sworn upon their oath in the presence of recognitors. the parties aforesaid, chose of themselves and others twenty-four, to wit, Charles Stephens, Randel Wheler, Toby Cox, Thomas Munday, Oliver Greenway, John Boys, Charles Price, knights; Daniel Prince, William Day, Roger Lucas, Patrick Fleming, James Harris, John Richardson, Alexander Moore, Peter Payne, Robert Quin, Archibald Stuart, Bartholomew Norton, and Henry Davis, esquires; John Porter, Christopher Ball, Benjamin Robinson, Lewis Long, William Kirby, gentlemen, good and lawful men of the county aforesaid, who neither are of kin to the said William Kent nor to the said Richard [vi] No. II. Allen, to make recognition of the grand assize aforesaid. Therefore it is comVenire facias. manded the sheriff, that he cause them to come here from the day of Easter Recognitors sworn. in fifteen days, to make the recognition aforesaid. The same day is there given to the parties aforesaid. At which day here come as well the said William Kent as the said Richard Allen, by their attorneys aforesaid, and the recognitors of the assize, whereof mention is made above, being called, come, and certain of them, to wit, Charles Stephens, Randel Wheler, Toby Cox, Thomas Munday, Charles Price, knights; Daniel Prince, Roger Lucas, William Day, James Harris, Peter Payne, Robert Quin, Henry Davis, John Porter, Christopher Ball, Lewis Long, and William Dirby, being Verdict for the elected, tried, and sworn upon their oath say, that the said William Kent hath demandant. more right to have the tenements aforesaid with the appurtenances to him and his heirs, as he demandeth the same, than the said Richard Allen to hold the same as he now holdeth them, according as the said William Kent by his writ aforesaid hath supposed. Therefore it is considered, that the said William Kent do recover his seisin against the said Richard Allen of the tenements aforesaid, with the appurtenances, to him and his heirs, quit of the said Richard Allen and his heirs forever; and the said Richard Allen in mercy, &c. Judgment. [vii] Bi feceret te securum. *No. II. PROCEEDINGS IN AN ACTION OF TRESPASS IN EJECTMENT, SECT. 1. THE ORIGINAL WRIT. GEORGE the Second, by the grace of God, of Great Britain, France and Irelund, king, defender of the faith, and so forth, to the sheriff of Berkshire, greeting. If Richard Smith shall give you security of prosecuting his claim, then put by gage and safe pledges William Stiles, late of Newbury, gentleman, so that he be before us on the morrow of All-Souls, wheresoever we shall then be in England, to show wherefore with force and arms he entered into one messuage with the appurtenances, in Sutton, which John Rogers, esquire, hath demised to the aforesaid Richard, for a term which is not yet expired, and ejected him from his said farm, and other enormities to him did, to the great damage of the said Richard, and against our peace. And have you there the names of the pledges and this writ. Witness ourself at Westminster, the twelfth day of October, in the twenty-ninth year of our reign. Sheriff's return. Pledges of } JOHN DOE. The within named JOHN DEN. SECT. 2. COPY of the DeclARATION AGAINst the Casual EJECTOR, WHO Declaration. Berks, to wit. } Michaelmas, the 29th of King George the Second. WILLIAM STILES, late of Newbury in the said county, gentleman, was attached to answer Richard Šmith, of a plea, wherefore with force and arms he entered into one messuage, with the appurtenances, in Sutton in the county aforesaid, which John Rogers, Esquire, demised to the said Richard Smith for a term which is not yet expired, and ejected him from his said farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the lord the king, &c. And whereupon the said [vii] Richard by *Robert Martin his attorney complains, that whereas the said John Rogers, on the first day of October, in the twenty-ninth year of the reign of the lord the king that now is, at Sutton aforesaid, had demised to the same Richard the tenement aforesaid, with the appurtenances, to have and to hold the said tenement, with the appurtenances, to the said Richard and his assigns, from the Feast of Saint Michael the Archangel then last past, to the end and term of five years from thence next following and fully to be complete and ended, by virtue of which demise the said Richard entered into the said tenement, with the appurtenances, and was thereof possessed; and the said Richard being so possessed thereof, the said William afterwards, that is to say, on the said first day of October in the said twenty-ninth year, with force and arms, that is to say, with swords, staves, and knives, entered into the said tenement, with the appurtenances, which the said John Rogers demised to the said Richard in form aforesaid for the term aforesaid, which is not yet expired, and ejected the said Richard out of his said farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the 1202 said lord the king; whereby the said Richard saith, that he is injured and MR. GEORGE SAUNDERS : } And thereupon he brings suit, &c. prosecution, No. II. I am informed that you are in possession of, or claim title to, the premises Notice. mentioned in this declaration of ejectment, or to some part thereof; and I, being sued in this action as a casual ejector, and having no claim or title to the same, do advise you to appear next Hilary Term, in his majesty's court of king's bench at Westminster, by some attorney of that court, and then and there, by a rule to be made of the same court, to cause yourself to be made defendant in my stead; otherwise I shall suffer judgment to be entered against me, and you will be turned out of possession. 5th January, 1756. Your loving friend, *SECT. 8. THE RULE OF COURT. WILLIAM STILES. [ix] Hilary Term, in the twenty-ninth Year of King George the Second. mise of John Berks, IT IS ORDERED by the court, by the assent of both parties, and their Smith against to wit.attorneys, that George Saunders, gentleman, may be made defendant, Stiles, for one in the place of the now defendant, William Stiles, and shall immediately ap- the appurte messuage with pear to the plaintiff's action, and shall receive a declaration in a plea of tres- nances in Sutpass and ejectment of the tenements in question, and shall immediately plead ton, on the dethereto not guilty: and, upon the trial of the issue, shall confess lease, entry, Rogers, and ouster, and insist upon his title only. And if upon the trial of the issue, the said George do not confess lease, entry, and ouster, and by reason thereof the plaintiff cannot prosecute his writ, then the taxation of costs upon such non pros. shall cease, and the said George shall pay such costs to the plaintiff, as by the court of our lord the king here shall be taxed and adjudged, for such his default in non-performance of this rule; and judgment shall be entered against the said William Stiles, now the casual ejector, by default. And it is further ordered, that if, upon the trial of the said issue, a verdict shall be given for the defendant, or if the plaintiff shall not prosecute his writ upon any other cause than for the not confessing lease, entry, and ouster, as aforesaid, then the lessor of the plaintiff shall pay costs, if the plaintiff does not pay them. MARTIN, for the plaintiff. SECT. 4. THE RECORD. By the Court. Pleas before the lord the king at Westminster, of the Term of Saint Hilary, in the twenty-ninth year of the reign of the lord George the Second, by the grace of God, of Great Britain, France and Ireland king, defender of the faith, &c. Berks, GEORGE SAUNDERS, late of Sutton, in the county aforesaid, gentleto wit. man, was attached to answer Richard Smith, of a plea, wherefor with force and arms he entered into one messuage, with the appurtenances, in Sutton, which John Rogers, Esq., hath demised to the said Richard, for a term which is not yet expired, and ejected him from his said farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the lord the king that *now is. And whereupon the said Richard, by Robert Martin, his attorney, complains, that whereas, the said John Rogers, on the Declaration, or first day of October in the twenty-ninth year of the reign of the lord the count. king that now is, at Sutton aforesaid, had demised to the said Richard the tenement aforesaid, with the appurtenances, to have and to hold the said tenement, with the appurtenances, to the said Richard and his assigns, from the feast of Saint Michael the Archangel then last past, to the end and term of five years from thence next following, and fully to be complete and ended; by virtue of which demise the said Richard entered into the said tenement, with the appurtenances, and was thereof possessed: and the said Richard being so possessed thereof, the said George afterwards, that is to say, on the first day of October in the said twenty-ninth year, with force and arms, that is to say, with swords, staves, and knives, entered into the said tenement, with the appurtenances, which the said John Rogers demised to the said Richard, in 1203 |