John Lilly.

A collection of modern entries; or, Select pleadings in the Courts of King's Bench, Common Pleas, and Exchequer.. (Volume 2) online

. (page 1 of 67)
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UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



'.



**









COLLECTION

O F



MODERN ENTRIES:

O R

SELECT PLEADINGS



Courts of KING'S bench, common pleas,

and EXCHEQUER, viz.

Declarations, Pleas in Abatement and in Bar, Replications, Rejoinders, c5V.
Demurrers, Iffues, Verditts, Judgments, Forms of" making up Records
of Ni/i prius, and Entering of Judgments, fcffo in moil: Actions. Many of
them drawn or perufed by Mr. Broderick, Carthew, Comyns, Dar-
- nel, Holt, Levinz, Lutwyche, Northey, Parker, Pemberton,
Pengelly, Pollexfen, Raymond, Salkeld, Saunders, Thom-
son, Trevor, Wearge, and other learned Counfel.

AS ALSO,

Special Alignments of ERR.OE.S, and Writs and Proceedings thereupon
both in the laid Courts and in Parliament.

WITH

The Method of fuing to and reverfmg OUTLAWRIES by WRIT
of E R R O R or otherwife.

TO WHICH IS ADDED,

A Collection of W R I T S in moft Cafes now in Practice.

With Two TABLE S, one of the NAMES of the CASES, and
the other of the PLEADINGS and WRITS.

By JOHN LI LLY, Gent.
THE SIXTH EDITION, IN TWO VOLUMES.






V O L. II.



DUBLIN:

PRINTED FOR MESSRS. BURNETT, WOGAN, BYRNE, J. MOORE, SLEATER,

LYNCH, M'KEJ'ZIE, GRUEBER, J. JONES, J. RICE, W. JONES,

R. WHITE, WATTS, MCALLISTER, AND P. MOORE.

M.DCC.XCII.



/

T

CI



( 347 )



Replevin.



Green and Alchcrne.

SuJ/ex, to wit. TIE it remeinber'd that Matthew Green the Hon prof, for

_|3 eider, otherwife, to wit, at the county court not pleading in
'of Sujfex held at Lewes for the county aforefaid, on the 1 4th bar t0 thc
day of May in the 12th year of the reign of our lady June, by the avowr y-
grace of God of Great Britain, &c. before Samuel Watts and
Stephen Waller, fuitors of the fame court, complained of William
AUhorne, gent, in a plea of taking and unjuitly detaining of the
cattle of him the faid Matthew, to wit, eight ewes and fix lambs ;
which faid plea, by virtue of the writ cf the faid lady the queen
of ' recordari facias, returnable from the day of Sc. Michael in three
weeks in this faid term whereibever, \5c. was brought here at
Wejlminjler from the day of St. Michael in the faid three weeks,
at the petition of the faid William : on which day at Weftminfier
aforefaid comes as well the faid Matthew by John Mithell his at-
torney, as the faid William by John Allen his attorney ; and the
fame Matthew by his attorney aforefaid complains, that the faid
William on the 9th day of April in the 1 2th year of the reign of
the lady Anne, now queen of Great Britain, tyc. at Chal'vring-
ton in the county aforefaid, in a certain place there called the
Crrft, took the cattle, to wit, eight ewes and fix lambs cf him
the laid Men 1 hew, and them unjuftly detained, againfc furety
and pledges, &c . until, l5c . Whereby the faid Matthew fays
that he is prejudiced, and hath damage to the value of 10/.
And therefore he produces the fuit, CSV.

And the faid William by his attorney aforefaid defends the
force and injury when, &c. and prays leave to imparl thereto be-
fore the lady the queen until on the oclave of St. Hilary where-
foever, C5c. and he hath, &c. The fame day is given as well
to the faid Matthew as to the faid William, &c. On which day
before the faid lady the queen at Weftminjler comes as well the
faid Matthew as the faid William by their attornies aforefaid ; and
hereupon the faid William farther prays leave to imparl thereto
before the faid lady the queen until from the day of Eajler in
15 days whereibever, tSc. and he hath, &c. The fame day is .
given as well to the faid Matthew as to the faid William, iffc.
On which day before the faid lady the queen at Weftminjler
com'is as well the faid Matthew as the faid William bv their at-



>, tornies aforefaid ; and upon this the faid William by his attorney

■g? Vol. II. B aforefrul

-



347 + Replevin.

aforefaid fays, that lie took the cattle at Ripe, otherwife Eckling-
ton, in the county aforefaid; without that, that he took the cattle
aforefaid at Chalzrington in the county aforefaid, as the faid Mat-
thew Green by his declaration aforefaid hath above fuppofed : and
this he is ready to verify: wherefore he prays judgment of the
writ aforefaid, and that the faid writ and declaration may be
Suggeftion to quaflied, &c. and to have a return of the cattle aforefaid, the
have a return. fame William, as bailiff of Robert Rains, well acknowledges the
taking of the cattle aforefaid at Ripe, otherwife Ecklington, in the
county aforefaid, in a certain place called the Cony Earths ; and
juftly, He. becaufe he fays, that the fame place called the Cony
Earths contains, and at the fame time when, l3c. did contain in
itfclf five acres with the appurtenances in the faid parifh of Ripe,
otherwife Ecklington, of which faid five acres of land with the
appurtenances the fame R. Rains before the faid time when, cifr.
was feifed in his demefne as of fee, cifr. and being fo thereof
feifed, before the faid time when, l£c. to wit, on the 1 8th day
of March in the nth year of the reign cf the lady Anne, now
queen of Great Britain, t5c. at the parifh of Selmijhn in the
county aforefaid, the faid Robert Rains demifed to one Matthew
Green the younger the laid live acres with the appurtenances, by
the name of all thole two pieces or parcels of pafture called the
Cony Earths with the appurtenances lying and being in Ripe,
otherwife Eckiingtcn, aforefaid ; to have and to hold the fame
[343] i,ve acres of land with the appurtenances whereof, CSV. to the
faid M. Green the younger, from the feait. of the annunciation
of the bleffed virgin Mary tlfefn next enfuing until the end and
term of one whole year, and fo from year to year as long as both
parties fhould pleafe ; vielding and paying therefore the yearly
rent, or fum of ros. of lawful money of Great Britain at the two
moil ufual feaits or terms in the year, to wit, at the feaft of St.
Michael the archangel, and the annunciation of the blefled
virgin Ms.ry, by even and equal portions : by virtue of which
demife, the fame M. Green the younger afterwards, and before
the faid time when, \5c. to wit, on the 26th day of March in
the year laft abovefaid, into the faid five acres of land with the
appurtenances whereof, Z5c. entered, and was thereof pofTefled;
and he the laid M. Green the younger being fo thereof poffefTed,
and the faid Rcbert bting feifed of the reveriion cf the fame five
acres of land with the appurtenances m his demefne as of fee,
and becaufe 50J. cf the rent aforeiaid for one year ended at the
feail of tiie annunciation of the bleffed virgin Mary in the 12th
[pear of the reign of the lady Anne, now queen of Great Bri-
tain, &t. to the fame Robert after that featt, and the faid time
when, is'c. were in arrear and unpaid, the fame William, as
bailiff of the faid Robert, well acknowledges the taking of the
cattle aforefaid in the faid place in which, cifr. as in parcel of
the tenements aforefaid with the appurtenances whereof, c5<r. to
the fame M. Green the younger in form aforefaid demiled, and
v, cifr. for the faid 50.-. cf the rent aforeiaid to the fame

Robert



Replevin. 348

Rohert in form aforefaid being in arrear, t5V. And this he is

ready to verify : wherefore he prays judgment, and a return of

the cattle aforefaid, together with his damages, cofts and charges

in this behalf fuftained, according to the form of the ftatute in 21 H. 8. c. 19.

iiich cafe made and provided, to be adjudged to him, cif*.

And upon this the faid Matthew prays leave of the court of
the faid lady the queen now here until from the day of St. Mi-
chael in three weeks wherefoever, cifr. to plead in bar to the cog-
nifance aforefaid ; and he hath, l3c . The fame day is given as
well to the faid Matthew as to the faid William, &c. Before
which day the faid lady the queen departed this life, and the
lord George the now king fucceeded, and took upon himfelf the
government of this kingdom : on which faid return from the day
of St. Michael in three weeks before the faid lord the king at
Wefiminjler comes as v/ell the faid Matthew as the faid William
by their attornies aforefaid : and tire faid Matthew prays farther
leave of the court of the faid lord the king now here until on
the odave of St. Hilary wherefoever, l3c. to plead in bar to
the cognifance aforefaid ; and he hath c5r. The fame day is
given as well to the faid Matthew as to the faid William, &c.
At which faid return on the octave of St. Hilary before the faid
lord the king at Wefiminjler comes as well the faid Matthew as
the faid William by their attornies aforefaid : and the faid Mat-
thew farther prays leave of the court of the faid lord the king
now here until from the day of Eafter in 1 5 days wherefoever,
tyc. to plead in bar to the cognifance aforefaid ; and he hath,
&c. The fame day is given as well to the faid Matthew as to
the faid William, Uc. On which faid return from the day of
Eafier in 15 days before the faid lord the king at Weftminfier
comes as well the faid Matthew as the faid William by their at-
tornies aforefaid : and the faid Matthew farther prays leave of
the court of the faid lord the king now here until on the
morrow of the holy Trinity wherefoever, &c. to plead in bar
to the cognifance aforefaid ; and he hath, tiff. The fame day
is given as well to the faid Matthew as to the faid William, effr.
v, hereupon the faid M. being folemnly called doth not come, nor
farther profecute his writ aforefaid : therefore it is confidered,
that the faid M. take nothing by his writ aforefaid, but be in
mercy for his falfe claim therein, and that the faid W . do go
thereof without day, 15 c. And hereupon the faid W. according
to the form of the ilatute in fuch cafe lately made and provided,
pi ays the writ of the lord the king now here to be directed to
the fherirTof the county aforefaid, to inquire of the arrears of the
rent aforefaid, and of the value cf the goods and chattels afore-
faid above fpeciried : and to him it is granted, Iffc. Therefore writ of inquiry
the fherifF of the county aforefaid is commanded, that according or 'the arrears
to the form of the ftatute aforefaid he diligently inquire by the and value of the
oath of 12 good and lawful men of his county, how much of goods.
the yearly rent aforefaid at the faid time of the taking anddiftrefs * 7 c * 2 ' c * 7 '
of the goods and chattels aforefaid was in arrear and unpaid, and

B 2 how



348+ Replevin.

how much the ponds and chattels aforefaid fo as aforefaid taken
and diilrained were worth, according to the value of the fame ;
and the inquifition which, lie let the flierifF certify here from
the day of St. Michael in three weeks wherefoever, ci?r. under

The return. tnc *" er ^» ^ c ' anc ^ t ^ ie ^ ea ' s » & c ' ® n which day liere comes the
faid W. by his attorney aforefaid ; and the iherift", to wit, J. S.
bart. hath returned here a certain inquifition taken before him at
Eaftgrinfiead in the county aforefaid on the fifth day of Auguft
Ian part, whereby it is found that at the faid time of the taking
of the goods and chattels aforefaid, $o.f. of the yearly rent afore-
faid in the cognifance mentioned to be due to the faid Robert were
in ar rear and unpaid ; and that the goods and chattels aforefaid,
(0 as aforciaid taken and diilrained, according to the true value
of the fame, were worth 50.1-. Therefore it is confidered, that
the faid //'. do recover againft the faid Matthew the faid 50J. of
the rent aforefaid, being by the inquifition aforefaid in form afore-
faid found, and his damages by reafon of the premifes to 9/. by
the court of the lord the king now here to the fame William at
his requeft for Ms cofis and, charges by him in this behalf fuf-
L 3 49 J tained, according to the form of the llatute thereof lately made
and provided, adjudged; winch faid value, coils and charges
aforefaid, in the whole amount to 11/. ior. cjff

Walker againfc Towerfey and others.
M. 9 W. 3. Roll. 48.

Praft. Reg. Midd* ', to wit. fSf H N Tonverjey, Robert Wheeler, and WiU
it-. J Ham Stubbins, were fummoned to anfvver to

Thomas Walker in a plea, why they took a filv.er porrenger of the
faid Thomas and unjuftly detained it, againft furcty and pledges
until, c5>. And whereon the faid Thomas by j. L. hij attorney
complains that the faid "John, Robert and William, 01 the firft"
day of May in the gth year of the reiga of the lord William the
Third, now king of England, &c. in the Charter -houfe in the
county of Middle/ex aforefaid, in a certain place there called the
Dwelling- houfe of him the faid Thomas, took the faid porrenger
c! him the laid Thomas and unjuftly detained it, againft furety
and pledges until, <5c. whereby the fame Thomas fays that he is
prejudiced, and hath damage to the value of 30/. ' And there-
fore he produces the fuit, iSc.
Coffnh'anee by -^ n ^ tne && John, Robert and William, by R. H. their at-

overfeersfora torney come and defend the force and injury when, &c. and
poor's rate. well acknowledge the taking of the porrenger aforefaid in the faid

place in which, cSc and juilly, c5V. becaufe they fay, that at the
faid time when, C5r. the iaine John and Robert being overfeers of
the poor of the parifh of St. Sepulchre in the county of Middle/ex,
by virtue of a certain warrant under the hands and feals of Wil-
liam Withers, Eiq; and Thomas Smith, ciq; then two of the juf-

tices



Replev



m, 349



tics of the lord the now king, alligned to preferve the peace

rn the county aforeiaid (quorum unus) to the warden of the

chu r ch and the orerfeers of the poor of the fame parifh, or any

of them, directed, at the faid place in which, &c. demanded of

the foid T. to pay them IiOj. td. „of lawful money upon

him duly afTeffed towards the relief of the poor of the parifn afore-

faid, by the authority and according to the tenor, purport and

effect, of a certain ftatute made and provided in a parliament of +3 E1 - c - 2 -

the lady Elizabeth, late queen of England, l2c. held at Weft- ^ * 5 '

minfter in the county of Middlefex in the 43d year of her reign ;

and becauie the fame Thomas then and there refufed to pay the

faid 10/. 6d. to them the faid John and Robert, they the fame

"John and Robert, as overfeers of the poor aforefaid, and the faid

William at their requeit and in their aid, for the prefervation of

the peace of the faid lord the king, (the fame William being

then a conftable within the parifh aforefaid) by virtue of the fta-

tute and warrant aforefaid well acknowledge the taking of the

porrenger aforefaid, the faid time when, cJc. in the faid place in

which, &c in the name of a diftrefs for the faid 10s. 6d. upon

him the faid ST. Walker as aforefaid aifeMed towards the relief of

the poor of the parifn aforefaid, then being in arrear and unpaid,

and jullly, c5r. And this they are ready to verify : wherefore

they pray judgment, and a return of the porrenger aforefaid, to

be adjudged to them, &c.

And the faid Thomas fays, that the faid John, Robert and Wil- Rep!.
liam, by the reafon before alledged, the taking of the porrenger & e i"j ul ' :J
aforefaid of him the faid Thomas in the faid place in which, c5V. f ua t"">t' na '
ought not to acknowledge juft, becaufe he fays, that the faid
John, Robert and William, the day and year aforefaid in the de-
claration aforeiaid mentioned, of their own wrong, without fuch
caufe by them in their cognifance aforefaid above mentioned, the
porrenger aforefaid of him the faid Thomas in the faid place in
which, cjV. took and unjuftly detained, againrt. furety and
pledges, Effc. in manner and form as the faid Thomas above
againft them complains : and this he prays may be inquired of by
the country : and the faid John, Robert and William like wife,
iSc. Therefore, c c.

Jacohjon and another againft Lee.

Kent, tow/V.Y^E it remember'd, that Theodore Jacob/on and In the county
Jj James Jacob/on, otherwise in the court of the c0uit tor t'" oJs
fheriff of the county of Kent, held at Penenden in the feme ^""^J" 1
county, complained againft Walter Lee in a plea of taking and m0 vedby«-
unjuftly detaining of the goods and chattels of them the faid cwdar'i into
Theodore and Jama ; and they found pledges to profecute, and K- B -
alfoto return thofe goods and chattels, if a return thereof fhould
be adjudged, to wit, J. Jacob/on and T. Clayton; which faid
plaint, at the petition of the faid Walter, by virtue of the writ
of the lord the king of recordari facias, was brought before the

lady



349 + Replevin.

lady the queen at Weflminjler on the morrow of the afcehfion of
the Lcrd laft pait, and the proceedings therein being continued
until this day, to wit, on the morrow of the holy Trinity in this
fame term : now on this day before the lady the queen at Wefi-
minjier come as wtll the faid Theodore and James by T. P. their
attorney, as the faid Walter Lee by J. W. his attorney; and
upon tiiis the fame e and 'James complain of the faid

Walter in the faid plaint, to wit, that the faid Walter 20th day
[j5°] °^ February in the 4th year of the reign of the la . now

queen of England, &c. at the pariih of Warden in the county
aforefaid, in a certain place there called the Sea-Jhore, took the
goods and chattels of them the faid Theodore and James, to wit,
580 bars of iron, and unjuftly detained them, againft furety and
pledges, until, &c. whereby they lay they are prejudiced, and
have damage to the value of 450/. And therefore they produce
the fuit, &V.
Avowry for And the faid Waller by J. TV. his attorney comes and defends

lalvage. t ] ie f orce an J injury when, i5c. and well avows the taking of the

goods and chattels in the declaration aforefaid above mentioned
in the faid place in which, &c. and the detention thereof, &c.
and julily, &c. becaufc he fays, that the goods and chattels
aforefaid, together with certain other goods and chattels before
the faid time when, ZJe. to wit, 15th day of November in the
4th year of the reign of the lady Anne, now queen of England,
. at Gottenhurgh in the kingdom of Sweden in parts beyond the
feas were loaded in and upon a certain lhip called the Com Drog-
ger of Gottenhurgh aforefaid in the kingdom of Sweden aforefaid,
: floating in and upon the high fea near the ifle of Shippey in
t': county of Kent aforefaid ; and that the faid lhip fo as atore-
fud there floating, afterwards, to wit, the fame day and year a
great ftcrm there arofc, and the faid lhip on the ihore of the faid
. to wit, at tlie pariih of Warden in the county aforefaid fo
violently drove, that the fame Clin, and likewife all the faid
goods and chattels in the fame as aforefaid then loaded, and alio
all the men and perfons in the fame fnip then and there being
wore then and there near drowned, and in great danger of being
intirely loll, fo that the fame men, and ail the other perfons in
fame fhip, who then and there had, and ought to have, the
care of the faid (hip, or of the goods and chattels aforefaid, to
preferve themfelves, the faid lhip, together with all the goods
and chattels aforefaid then and there in the fame, deferted and
left : and the fame William farther fays, that afterwards, to wit,
the fame day and year, certain perfons unknown in the night en-
d into the faid fhip, and certain goods and chattels, parcel of
other goods and chattels above mentioned, then and there
ftole, and telonioufly took and carried away ; cf which the faid
Walter afterwards, to wit, 28th day of November aforefaid hav-
ing notice at the pariih aforefaid, and being then ignorant to
whom the goods a?d chattels aforefaid did then belong, and ob-
ferving that no body did then and there take care to preierve them,

and



Replevin. 350

and the faid iliip being; in danger of being broke in pieces and
loft, to preierve the goods and chattels afbrefaid in the declara-
tion afbrefaid above mentioned, left they fhould be felonioufly
taken away or loft, the lame goods and chattels out of the fhip
aforefaid into a certain heme at the iiie of Shippey afbrefaid, with
great damage, labour and pains, to the faid Walter and his fer-
vants, and at a great expence by him the faid Walter then and
there on that account neceftarily beftowed, cau fed to be removed,
and them there fafely and fecurely caufed to be kept until, &c\
And the fame Walter in facl fays, that for the faid labour, pains
and expence, he the faid Walter then and there reafonably de-
fended to have the fum of 150/. of lawful money of En gland ;
and that afterwards, to wit, on the firft day of December in the
fourth year abovefaid, at the parifh aforefaid, the fame Walter
then firft knovviag that the laid goods and chattels belonged to
the fame Theodore and James, gave notice to the faid T. and J.
of all the premises, and then and there required the faid 7". and
J. to pay him the faid Walter the faid mm of 150/. for the la-
bour, pains and expence aforefaid ; and then and there offered
the fame 7. and J. on the payment thereof to deliver to the faid
T. and y. all the goods and chattels aforefaid in the declaration
aforefaid mentioned ; but the fame 7 . and J. to pay the fame
Walter the faid fum of 150/. or any part thereof, then and
there abfolutely refufed, and yet do refufe, altho' to do it the
fame T. and J. often afterwards by the faid Walter have been
required ; wherefore the fame Walter took as aforefaid and de-
tained the fame goods and chattels until, &c. as he well might :
and this he is ready to verify : wherefore he prays judgment, and
a return of the goods and chattels aforefaid, together with his
damages, colls and charges, to be adjudged to him, CSV.

And the faid T. and J, fay, that tiie faid Waller, for the rea- De injuria fua
Sons before alledged, the taking of the goods and chattels afore- fropria.
(kid in the fail place in which, &c. ought not to avow juft, be-
caufe they fay, that the faid Walter 20th day of February in the
4th year of the reign of the lady queen Anne abovefaid in the de-
claration of them the faid 7 . and 'J. aforefaid above fpecified, of
his own wrong, and without any iuch caufe by him the faid Wal-
ter in his avowry aforefaid above alledged, in the faid place in
which, tffc. took the goods and chattels aforefaid of them the
faid T. and J. in the -declaration of them the faid 7. and y.
above fpecified, and them unjuftly detained, againft furety and
pledges until, He. in manner and form as the laid T. and J. in
their declaration aforefaid againft him complain : and this they pray
may be inquired of by the country : and the faid Walter likewife, y . awanle j
&c. Therefore the iheriff is commanded, that he caufe to come
before the lady the queen from the day of St. Michael in three
weeks wherefoever, i?c. 12, fjfr. by whom, cifc. and who nei-
ther, CSV. to recogaife, cV. became as well, cs\-. The fame
day is given to the parties aforefaid, &c. Before which day, to Death of one of
wit, on the 1 7th dav cf July in the fifth year of the reign of the the plaintiffs.

faid



- * 4



350 + Replevin.

faid lady the now qu^en the faid Theodore died, and the faid
'James furvived him : and now at tim day before the faid lady
L 35 2 J the queen at i Her come the faid James r by

their attorney aforefaid, and the fheri dd hath n«.t re-

turned the faid writ thereof, nor done any thing therein : there-
fore as before the fherifF of the county is comm;
that he caufe to come before the faid lady the queen in the oc-
tave of St. Hilary whereibever, Ise. 12, EsV. by whom, c<-
The fame day is given to the parties aforefaid, C:V.

CroJJe againft Bit/on.

For taking a North'ton, to wit. ^OHN Bilfon was fummoned to anfwer to
mare in the J Samuel CroJJe in a plea, why he took a mare

jjishway- f ] x [ m t] ie f a id Samuel and ujultly detained it, againft furety

Prg^.Re? . 1- - .and pledges, &c. And whe>eon the fame Samuel by W- L. his
attorney complains, that the faid John on the flrft day of Odo-
be'r in the 12th vear of the reign of the lord William the Third,
late king of England, life, at tiardingjlon in the county aforefaid,
in a certain place there called the king's highway, a mare of him
the faid Samuel took and unjuftly detained it, againft furety and
pledges, until, lie. whereby the fame Samuel fays that he is
prejudiced, and hath damage to the value of 10/. and therefore
he produces the fait, He.
Cognifance for rid the faid John Biljon by J. B. his attorney conies and de-

damage feafant. fends the force and injury when, lie. and as bailiff of the moll



Online LibraryJohn LillyA collection of modern entries; or, Select pleadings in the Courts of King's Bench, Common Pleas, and Exchequer.. (Volume 2) → online text (page 1 of 67)