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and if any mischance should befal the said Henry, (which God defend,) No. 1. he is ready to prove the same by another man, who, &c. And hercapon it is demanded of the said George and Henry, whether they are ready to make baitel, as they before have waged it; who say that they are. And the same George Rumbold giveth gage of defending, and the said Gages given 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 Aller, if they can say anything wherefore battel ought not to be awarded in this case; who say that they cannot. THEREFORB IT IS Award of CONSIDERED, that battel he made thereon, &c. And the said George Rum- Battel. bold findeth pledges of baltel, to wit, Paul Jenkins and Charles Carter; Pledges. and the said Henry Broughton findeth also pledges of batiel, to wit, Reginald Read and Simon Tayler. AND THEREUPON day is here given Continuancs 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 said Richard Alien. 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 battel aforesaid: and that the bodies of them in the mean time be safely kept, on peril that shall fall thereon. Ar which day here come as well the Champions said William Kent as the said Richard Allen by their attornies afore. appear said, and the said George Rumbold and Henry Broughton in their proper persons likewise come, sufficienHy furnished with competent ar. mour as becomes them, ready to make the battel aforesaid, as they had before waged it. And hereupon day is further given by the court here, Adjouinment as well to the said William Kent as to the said Richard Allen, at Tot- to Tothill hill, near the city of Westminster, in the county of Middlesex, to vit, 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 [ «v ] Richard. And it is commanded, ihal each of them have then there his champion, armed in the form aforesaid, ready to make the battel aforesaid, and ihat their bodies in the mean time, &c. At which day here to wit, at Tothill aforesaid, comes the said Richard Allen by his ato torney aforesaid, and the said George Pumbold and Henry Boughton in their proper persons likewise come, suficiently furnished with competent armour as becomes them, ready to make the battel 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 18 CONSIDERED, that the same William and his pledges of prose- nonsuit. cuting, to wit, John Doe and Richard Roe, be in mercy 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 Final judg appurlenances, to him and his heirs, quit of the said William and his ment for heirs, for ever, &c.

Sect. 6. Trial by the Grand Assize. And the said Richard Allen, by Peter Jones, his attorney, comes Defenca and 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 Mise Apon the grand assize of the Lord the King, and prays recognition to be inade, whether he himselt hath greater right to hold the tenements aforesaid with the appurtenances to him and his heirs as tenants thereof as he Lcw holdeth them, or the said William to have the said tenements with the appurtenances, as he above demandeth them. And he tenders here Tender of in Court six shillings and eight-pence to the use of the Lord the now mi-mark. King, &c. for that, to wit, it may be inquired of the 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 Keni was seised of the tenements aforesaid with the appustenances 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 com- Summons el manded the sheriff, that he summon by good summoners four lawful the knighla knights of his county, girt with swords, that they be here on the oclaves of Saint Hary, next coming, to make election of the assize aforesaid

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the tenant.

No. 1.

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Swom.

. The same day is given as well to the said Waliain Kent'as to the said

Richard Allen bere, &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 summon-

ed Charles Stephens, Randel Wheler, Toby Cox, and Thomas Muñ[vi] day, 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 ihereof commands and requires; and that the said summoners, and each of them, are mainprized by John Day and James Fletcher. Whereupon the said Charles Stephens, Randel

Wheler, Toby Cox, and Thomas Munday, four lawful knights of the Election of couniy aforesaid, girl with swords, being called, in their proper persons the recogni. ton. come, and being sworn upon their oath in the presence of the

parties 'aforesaid, chose of themselves and others tweniy-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, Roher Quin, Archibald Stuart, Bartholomet 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 Allen, to make recognition of Towro facias.

the grand assize aforesaid. THEREFORE it is commanded the sheriff, that he cause them to come here from the day of Easter in fifteen days, to made 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 'attornies aforesaid, and the

recognitors of the assize, whereof mention is made above, being called Rocognitóns come, and certain of them, to wit, Charles Stephens, Randel Wheler,

Toby Cox, Thomas Monday, 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 Verdict for Kirby, being elected, tried, and sworn upon their oath say, that the said the demand- William Keni hath 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, ac

cording as the said William Kent by his writ aforesaid hath supposed. Judgrpent

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 for ever: and'the said Richard Allen in merey,' &c [vii]

No. II.
Proceedings on an Action of Trespass in Ejectment, by Original,

in the King's Bench.

Sect. 1. The Original Writ. a fecerit te 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
Berkshire, greeting. If Richard Smith shall give you security of prose-
cuting his claim, then put by gage and safe pledges William Stiles, late
i gf 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 appuiten.
ances, 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 tñe great da-
mage of the said Richard, and against our peace. And have you there
the names of the pledges and this writ. WITNESS ourself at Weste

minster, the twelfth day of October, in the twenty-ninth year of our reign. Morta's ro Pledges of John Doe.

The Within-named | John DeN. prosecution, $ RICHARD ROE. William Stiles is at

tacbed by pledges.

RICHARD FEN,

unt.

Bect. 2. 'Copy of the Declaration against the casual Ejector, who gives No. 1

Notice thercupon to the Tenant in Possession.

Michaelmas, the 29th of King George the Second. Berks, WILLIAM Stiles, late of Newbury in the said county, gentle. Declaration to wit. ) man, was attached to'answer Richard Smith, of a plea, wherefore with force and arms he entered into one messuage, with the appurtenancès, 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 wiongs 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 Richard by *Robert. Martin his [*viji ) 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 ihe 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 appartenances, 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 said Lord the King; whereby the said Richard saith, that he is injured and damaged to the value of twenty pounds. And thereupon he brings suit, &c. Martin, for the plaintiff

,

Pledges of John Doe,

prosecution.) RICHARD ROE. Mr. GEORGE SAUNDERS,

I am informed that you are in possession of, or claim title to, the pre- Notice mises 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 possesYour loving friend,

WILLIAM STILES. 5th January, 1756. Sect. 3. The Rule of Court.

[ 'ix] Hilary Term, in the twenty-ninth Year of King George the Second. Berks, IT IS ORDERED by the Court, by the assent of both parties, and Smith against to wil. I their attornies, that George Saunders, Gentleman, may be made Stiles, for ono defendanı, in the place of the now defendant, William Stiles, and shall mesa page with

the appurtemmediately appear to the plaintiff's action, and shall receive a declara- nances in Sum Lon in a plea of trespass and ejectment of the lenements in question, and ton, on the dom shall immediately plead thereto Not Guilty: and, upon the trial of the mise of John issue, shall confess lease, entry, and ouster, and insist upon his title only. and is 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 laxation of costs upon such non pros. shall cease, and 'he said George shall pay such costs to the plaintiff, as by the Court of Vol. II.

48

sion,

No. II.

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 it 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, anú
ouster as atoresaid, then the lessor of the plaintiff shall pay costs, if the
plaintiff himself doih not pay them.

By the Court.
MARTIN, for the plaintiff,
Newman, for the defendant,

Sect. 4. The Record.

count.

PLEAS before the Lord the King at Westminster, of the Term of Sa.nl

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 Ire.

land King, Defender of the Faith, &c. Berks, GEORGE SAUNDERS, late of Sutton in the county aforesaid, gen to wit. man, was attached to answer Richard Smith, of a plea, wherefore with force and arms he entered into one messuage, with the appurtenances, in Sution, 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 greai damage of -he said [ *x ] Richard, and against the peace of the Lord the King that *now is. AND Declaration, or WHEREUPON the said Richard by Robert Martin, his allorney, 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 Sulton 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 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 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 damag: of the said Richard, and against the peace of the said Lord the King; whereby the

said Richard saith that he is injured and endamaged io the value of Docence.

twenty pounds: and thereupon he brings suit, (and good proof.] AND the aforesaid George Saunders, hy Charles Newman, his attorney, comes

and defends the force and injury, when (and where it shall behove him;] Plea, not guil- and saith that he is in no wise guilty of ihe trespass and ejectment afore

said, as the said Richard above complains against him; and thereof he

puts himself upon the country; and ibe said Richard doch likewise the Venire award- same; THEREFORE let a jury come thereupon before the Lord the King,

on the octave of the purification of the blessed Virgin Mary, wheresoever he shall then be in England, who neither [are of kin to the said Richard, nor to the said George, ) to recognize (whether the said George be guilty of the trespass and ejectment aforesaid ;) because as well (the said George as the said Richard, between whom the difference is, have

put themselves on the said jury.) The same day is there given to the Respite, for de parties aforesaid. AFTERWARDS the process therein, being continued lault or jurors between the said parties of the plea aforesaid by the jury, is put between Visi prima them in respite, before the Lord the King, until the day of Easier in

filleen days, wheresoever the said Lord the King shall then be in Engiand; unless the justices of the Lord the King assigned to take assisck in the county aforesaid, shall have come before that time, to wit, on Monday the eighth day of March, at Reading in the said coudly, by the form of the statute (in that case provided), by reason of the default cl

Lesue.

the jurors, (summoned to appear as aforesaid.) At which day before No. II. the Lord the King, at Westin inster, come the parties aforesaid by their attornies aforesaid; and the aforesaid justices of assise, before whom

[ *xi] (the jury aforesaid came,) sent here their record before them, had in these words, to wit, AFTERWARDS, at the day and place within contained, be- Postea. fore lieneage Legger, Esquire, one of the Barons of the Exchequer of the Lord the King, and Sir John Eardley Wilmot, Knight, one of the jus:ices of the said Lord the King, assigned to hold pleas before the King himself, justices of the said Lord the King, assigned to take assises in the county of Berks by the form of the statute [in that case provided,] come as well the within-named Richard Smith, as the within-written George Saunders, by their attornies within contained; and the jurors of the jury whereof mention is within maile being called, certain of them, lo wit, Charles Holloway, John Hooke, Peter Graham, Henry Cox, William Brown, and Francis Oakley, come, and are sworn upon tha jury; and because the rest of the jurors of the same jury did not appear, therefore others of the by-standers being chosen by the sheriff, at

Tales de cor the request of the said Richard Smith, and by the command of the

cumstantibu justices aforesaid, are appointed anew, whose names are affixed to the panel within written, according to the form of the statute in such case made and provided; which said jurors so appointed anew, to wit, Roger Bacon, Thomas Sinall, Charles Pye, Edward Hawkins, Samuel Roberts, and Daniel Parker, being likewise called, come; and together with the other jurors aforesaid before impanelled and sworn, being elected, tried, and sworn, to speak the truth of the matter within contained, upon their oath say, that the aforesaid George Saunders is Verdict for the guilty of the trespass and ejectment within-written, in manner and plaintiff. form as the aforesaid Richard Smith within complains against him; and assess the damages of the said Richard Smith, on occasion of that trespass and ejectment, besides his costs and charges which he hath been put unto about his suit in that behall, to twelve pence; and, for those costs and charges, to forty shillings. WHEREUPON the said Richard Smith, by his attorncy aforesaid, prayeth judgment against the said George Saunders, in and upon the verdict aforesaid by the jurors aforesaid given in the form aforesaid; and the said George Saunders, by his attorney aforesaid saith, that the court here ought not to proceed to

rest of judge give judgment upon the said verdict, and prayeth that judgment against ment. him the said George Saunders, in and upon the verdict aforesaid by the jurors aforesaid given in the form aforesaid, may be stayed, by reason that the said verdict is insufficient and erroneous, and that the same verdict may be quashed, and that the issue aforesaid may be tried anew by other jurors to be afresh impanelled. And, because the court of the Lord ihe King here is not yet advised of giving their judgment of Continuance and upon the premises, therefore day thereof is given as well to the said Richard Smith as the said George Saunders, before the Lord the King, until the morrow of the Ascension of our Lord, wheresoever the said Lord "the King shall then be in England, to hear their judgment of [*xü ] and upon the premises, for that the court of the Lord the King is not yet advised thereof. At which day before the Lord the King at Westminster, come the parties aforesaid by their attornies aforesaid ; upon which, the record and matters aforesaid having been seen, and by the court of the Lord the King now here fully understood, and all and singular the premises baving been examined, and mature deliberation being had thereupon, for that it seems to the court of the Lord the Opinion of to King now here that the verdict aforesaid is in no wise insufficient or erroneous, and that the same ought not to be quashed, and that no new trial oughi to be had of the issue aforesaid, THEREFORE IT IS CONSIDERED, Judgment,, ta that the said Richard do recover against the said George his term yei the plaintih. to come, of and in the said tenements, with the appurtenances, and the said damages assessed by the said jury in form aforesaid, and also Costa. twenty-seven pounds six'shillings and eight-pence for his costs and charges aforesaid, by the court of the Lord the King here awarded to the said Richard, with his assent, by way of increase; which said damages in the whole amount to twenty-vine pounds, seven shillings Capasur pro alia eigni-pence. "And let the said George be iaken, (until he makth fint.

Motion in o

court.

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