in, come as well the iaid J. Burgcf?, as the faid E. Coney, in
their proper perfons ; but becaufe the jullices and the court
here are not yet advifed to give ^lieir j'ldginent upon the pre-
mifes, day thereon is f'lrther given, as well to the faid J.
Burgefs, as to the faid £. Coney, in the fta:c '.n which no\v,&c.
until the nc::t goal delivery of the faid lord the king ot New-
gate, to be held for the county of Aliddlcfex, on Wednefda^
the 24.th day of April, now next cni'iing, to be held at Jul-
tice-hall alorefaid, before the laid iullices, to hear their judg-
ment of and uj.'on the j^iemifes ; bccaufe that the ju'tices and
the court here,(.f their judgment of and upon the faid premiics
here thereon, not as yet, d:c. unto which day and place the
court here, by tiie f«id juAices, Cic. is ac'-ouined to be held
before the faid jultices, uc. to give their J-idgriicnt of and up-
on the pr' mifes, Sec.

AJ I i,r fever nl mr.re conl'i nuances., fJrs cafe rt-j,? argued hy CCUn-
cH at the oil Baily, beflre Hd.\ Lrd C. y. of the IGni/s bench,
and other julges thera ; It * 7vas argued f'/r the d'feiidjrit, that ^^ ooQ
the projeciit.r coidd have no rcfinution ajter fale rn the market ovnt,
Jor thai thereby the propcyfy zvus altered ; and cited Jir William.
Jones, 14S, where the j /dges oh'iter agree the law to he /-/, 5 Co.
83, h, and D.ilton's juft/ce, 4:0; hut the council Jor the proffcu-
tzr in/iftcd en the expr/s words of the J}dtute ?,r. //. 8. c. 1 1 ; and
1 Infitutc, 74 ^> and the notes in the ?nargr: there ; and as to
Ddion, it zuAs faid, lie grounded his opinion on the 7'"eur book,
3 P 2 12."



Reftltution, and Pleadings thereon:

12 /7. 8 lo h. which i.< before the fiatute ; and on J Coke, ^8 ly
•which IS nothing to the purpofe, as to rejiitution on the Jtatute,
the Chief lifiice /aid it had been expreTsly adjudged in the time of
Kelynge, Chtef juftice, that /ale in market o-vert, was no plea is
a writ of rejiitution on this fiatute, but that the projecutor Jhould
be re/iortd, notwithfiandino fuch /ale, and Jo it was adjudged in
this cafe, and in f<ve other writs of reflitution, on five feveral other
convictions of the fame perj on. Ftde Kelynge'srep. y^^ 36, 48.



One Lever .
was convic*
ted of Bar-
latry, at
l,an;after,
and there
fined 600I.
& the judg-
ment being
removed in-
to theK's.
B. by writ
of error, it
w«s rever-
fed, and
judgment
given that
lierhou:d be
reftered, ad
omnia que,
&c. Wliere-
npon this
wiic ifTued,
reciting the
juikment
andrfvifij,
anil fiiggeft-
inif (hat the
parties to
W'lom it
wasdirefled
Fa'' by co-
lour of the
jii t£,ment,
leized goods
an chattels
of Le' er's
to -he valut
of loool and
thcief re
coTimands
them ro re-
fiore the
fame to him

•^P.321.



The King agai7ijl Lever.
Michaelmas, the 4th of James the 2d.



Lancafer, ") THE king, &c. to Gervaile Stamford, gent.

To wit. y John Waite, gent, and twelve others, and to
every of them greeting. Whereas at the late general quarter
feflion of the peace, held for the county Palatine of Lancas-
ter, on Thurfday, to wit, the nineteenth day of July, in the
29th year of the reign of the lord Charles the 2d, late king of
England, before the juftices of the faid lord the late king,
affigned to preferve the peace of the faid lord the king, in the
faid county, and alfo to hear and determine divers felonies,
trefpaffes and other mildeeds in the faid county, perpetrated,
it was prefented that Kobert Lever of Awerington, in the
county of Lancafler, gent, on the tenth day of Juljy, in the
twentyninth year of the reign of the lord Charles the fecond,
late king of England, &c, and at divers other days and
times, as well before as after at Awcrington in the faid county,
was and as yet is a common barrator, and a daily, and publick
difturber of the peace of the faid lord the king, and alfo a
common and turbulent challenger, railer and fighter, and a
fower ot fuits, and dilcords among his neighbours, and a com-
mon oppreffor of his neighbour.s, and that the faid Robert
Lever, at Awerington aforefaid, and tlfewheie, divers dif-
putes, controverfies, fuits, and alfo railings, fights and diP

cords among divers liege fnbjcfts of the faid lord the king,
then and there, and elfewhere in the faid county of Lancaftcr,
unjuftly did move, piocure and ftir up to the great oppreffion
of his neighbours, and to the diiturbance of the peace of the
laid lord the king, and alfo againft the form of divers ftatutes,
in. fuch cafe made and provided. Which * recoid and procefs

there-



Reflitulion, and Pleadings thereon.

thereon, the fair! lord the late king, for certain caufc?, before Ccrtiornri
William Montague, eiqiiire, chief baron of the txchequer U'tii>jud^«
of the faid lord the late king, at Wt-aininller, chief iidlice to °^ »'^'"'
hear and determine all pleas, as well of the crown, as aflizes of
novel diiTeifin mort d'anceftor, juris utrum, certificates, attain-
ders and all other pleas whatlbever.to be arrayed or prokcuted
within the county Palatine of Lancallei, to beheld at Lan-
cafter or elfewhcre in the faid county, and Tjniothy Littleton,
knight, one of the barons of the Exchequer, of the faid lord
the late king, at Weftminller aforelaid, one other juftice, to
hear and determine all pleas, as well of the crown, as allues
ok' novel difTeifin, mort d'anceltor, juris utnu-n, certificates,
attainders, and all other pleas whatfoever, to be arrayed or
profecuted within the county Palatine of LancaRer, to be held
at Lancaftcr aforefaid, or elfewhcre in the faid county,
caufcdtocome at the general feflions of the aflizes for the
county Palatine of Lancafter aforefaid, at the city of Lan-
caller, in the faid county, on Thurfday, to wit, the <^th day of
September, in the 29th year of the reign of the faid lord the
late king, in the form of law to be determined, &c. And
whereas afterwards the procefs was thereupon continued to
the next general leflion of the faid lord the late king, to hear
and determine pleas of the crown in the faid county, held
for the county aforefaid, at the city of Lancafter, in the
faid county, on Sattiiday, to wit, the i6th day of March, in
the 30th year of the reign of the faid lord the late king, be-
fore William Wilde, knight and baronet, one of the jultices
of the faid late lord the king, affigned to hold pleas before
the faid late king himfclf, chief juftice to hear and determine
all pleas as well of the crown, as aflizes of novel difTeifin,
mort d'ancf ftor, juris utrum, certificates and attainders, and all
other pleas whatfoever, to be arrayed or profecuted w-i thin
the faid county Palatine of Lancafter, to be held at Lancaf-
ter aforefaid, or elfe where, in the faid county, and Vere
Beche, efquire, one of the barons of the Exchequer, of the
faid lord the king at Weftminfter, one other juftice to hear
and determine all pleas as well ot the crown, as aflizes of novel
difleiiin, mort d'anceftor, juris utrum, certificates, attainders,
and all pleas whatfoever, to be arrayed or profecuted within
the county Palatine of Lancaftcr, to be held at Lancafter
aforefaid, or elfewhere in the faid county ; and at the faid
general feflion, the faid R. Lever, by a jury of the country
was tried and convicfled of the trefpafs, contempt and offence
aforefaid, in the indidment aforefaid fpecificd, to him then
charged as above, in the manner and form as by the indift-
mcnt aforefaid, above againft him, then was fiippofed ; where-
upon then and there all and fingular i!ie prcmifes being feen,
and by the faid court then fully iinderllood, It was then con-
fidered by the faid court, that the faid R. Lever ihould pay

to



Reftitution, and Pleadings thereon.

to tlie faid lord the Icing, for his fine for the trefpafs, con-
tempt and offence aforefaid, the fjm of 600/. of the lawful
money of England, and that the faid R. Lever be taken, &c.
which record, for certain caules we have afterwards caufed
to come before us, by our writ lor corre6ling error In the
record and procefs of the judgment aforefaid, &c. and where-
as afterwards, to wit, in the term of St. Michael, in the third
year of our reign, before us at Wcfiminller, the faid R. Le-
ver, perfonally appearing then and there In his proper per-
fon, did afiign feveral errors in the record and procefs of the
judgment aforefaid, and thereupon it was in fuch wife pro-
ceeded that afterwards, to wit, in the term of St. Michael, in
the 4th year of our reign, becaufe that it manifelUy appeared
P.322' * to the court here that in the record and procefs of the judg-
ment aforefaid, there wai manifell error, and that the record
and procefs of the judgment aforefaid, were not fufficient in
law any further to charge the faid R. Lever, of and upon
the premifes, it was confidered by our faid court, that the
judgment aforefaid, for error in the record and procefs of
the faid judgment being found, be reverfed, annulled and
held as entirely void, and that he the faidR.Lever, be leftored
. to all which he hath lofl by occafion of the faid judgment,
and that he the faid R. Lever be difcharged of the faid judg-
ment, and that he go thereof without day, as fully appears of
record in our court before us, and becaufe now on the behalf
of the faid R. Lever, heavily complaining to us we have under-
ilood that you Gervaife Staniford, John Waite, &c. or fome
of you, or form one of you, have taken and feized goods
and chattels of the faid R. Lever, to the value of lOOoA of
the good and lawful money of England, under colour of the
laid infufficient and erroneous judgment given as aforefaid, to
the great damage of the faid R. Lever, we willing that jultice
be done to every perlon according to the laws and cuftoms ot
this kingdom of England, command you in this behalf as it
is jiill that you reftore, and that each and every of you reftorc
the goods and chattels of the faid R. Lever, by you or by any
of you, or by any one of you, for the occafion aforefaid, ta-
ken and feized, or the true value of the fame, to the faid R.
Lever, without delay, and how you fliall execute this our
command, certify to us on the oftave of St. Hilary, wherefo-
ever we Ihall be in England, then returning to us this our
writ. Witnefs R. Wright, knight, at Weftminfter, the i6th
day of November, in the 4th year of our reign.

There is a ncle of this cafe, as to the zcrJi of Error, 2 Lev. 223-
But as to this zurit of Rcfiitution, it -uas qua/hed by the lord chief
jifiice Hilt, and the •whole court of Kijig's Bench ; for that no fuck

wrk



Reflltution, and Pleadings thereon.

•urit lustojirangers to the Record, but that a Scire Facias JJjould if-
Jue to make them parties, according to the caje of Fefe and Harris,
Cro. Car. 328. 'Ihis cafe of the writ of Rejiitution is reported,
1 Sh'jzu, 261, 2 Salk. 587.



The King again fi Fletcher. Au'Jj'i



li tor luici-

blc entry,
)ns



The Ki»g,\ *~P'0 the keepers of our peace, affigned to hear wa^toum
£^c. ) -*■ and determine (livers felonies, trelpalTes and "^^ '*'.''^^ ''J
other mlfdeeds in our county of Cumberland perpetrated, and defenJiuc
to the IherifFcf the laid county, and to every of ihcm, greeting, winch he
Whereas, at the late general feffion ot our peace, held at travei:ed,
Cockermouth, on Wednefday, in the week next after the feall afj-^ on the
of Eafter, 10 wit, on the 8th day of April, in the 2 2d year of ^^^^^^J^^'^^,
our reign, before William Brifcoe, J. B. and others, then gnj jifere- '
keepers of our peace ; and our jullices alligned to hear and de- upon the
ttrmine divers felonies, trefpaffes and other mifdetds in the julticts
county afortfaid perpetrated, it was preiented by the oath of gf^nted a
J. Cockplace, and 14 others, that L. I'letcher* cfDcane,in th,e t^^tj^^'^f^o"
county of Cumberland, elk. on the 6th day of Feb. in the 2 ill Vv'ooJiii on
year of our reign, with force and arms, and with ilrong hand whole pof-
at Ultack in the faid county, in and upon the poffeffion of fefl^on the
one tenement v.'Iih the appurtenances, of one Lancelot Wood- ^^''^^ ^^^
ail, at U. aforefaid, in the faid county did enter and make ''J^'^'.™"j *
an entry, (the laid L. W. being i-'^ofleiTcd thereof, until the the recod
faid L. F. with force and arms, and with llrong hand did en- was lemov-




and againft our peace, our crown and dignity ; and whereas ofen^r was
afterwards, to wit, at the fame leliion of our peace, held at brought, and
C. in the faid county, on the day and year aforefaid, before the judg-
ihe keepers of our peace, and our jullices, alEgned to hear ''"^"' ^^*
and determine divers felonies, trcfpalfes and mifdeeds in the ^l^^'^l^-'
faid county perpetrated, came the laid L.F. in his proper per- ^^^\i of y^c
Ion, and then having heard the indiftment aforefaid, then titutionilTu-
faid, that he was not guilty thereof, and of this put hiailelfe'l licence,
upon the country, and the faid L. W. who as well, &c, did '^''''^.'^'''!"*
the like, &c. therefore that a jury come therfupoH before the ''j^J"*^"^"
faid jullices, «kc. the fame day was given to the parties afore- ftiinff^o"
faid there, &c. And whereas, at the general feffion of our put the de-
peace, held at C. in the faid county, on VVedneltlay, in the fendant
week ne^it ftjfter the lealt of St. Thomas the niartvr, to wit, •'''"'^''.^'■''^-



on



topylic;



Reflitutlon, and Pleadings thereon.

on the 15th day of July, in the 22(1 year of our reign, before
W. Brifcoe and othei^, then keepers of our peace, and our
juiUces affigned to hear and dciermlne divers felonies, trcf-
pafiTes and other raifdeeds, in the faid county perpetrated,
came the faid L. W. who as well, &c. as the faid L. ¥. in hi*
proper perfon, and the jurors by the fheritf of the faid county,
lor that purpofe impanelled being called to wit, John Birkett,
and II others, in like manner cam.e, who being tried and
fworn to fpeak the truth of and concerning the premifes, faid
upon their oath, that the faid L. F. was guilty of the trefpafs,
contempt and entry aforcfaid, in the faid indictment above
fpecifiedin the manner and form as above againfl him was fup-
pofed- Therefore it was conlidered by the court there, that
the laid L. F. Ihould be taken and fhould fatisfy us for his
fines, by occafion ol the treipafs, contempt and entry afore-
iaid, which Lancelot then and there prefent in court did pray,
that he fhould be admitted to a fine with the faid lord the
Icing, for the occafion aforefaid, and thereupon to be put i a
our mercy, and the fine of the faid Lancelot was^affeffed by
the faid juftices to izd. to our ufe and behoof; which record
we for certain caufes afterwards, have caufed to come befcue
us to be determined. And whereas afterwards, to wit, in this
fame term before us at Weltminfter, the faid L. F. perfon-
al'ly appearing then and there in his proper perfon, produced
our certain writ for correfting errors in the record and proccfs
'of the judgment afortfaid ; and whereas alfo, becaufe that it
manifeftly appeared to the court here, that in the record and
procefs of the judgment aforefaid, there was manifeft -er-
ror ; and that the record and procels aforefaid, of the judg-
ment aforefaid, was not fufficient in law to charge the faid L.
F. any further of and upon the premifes ; as the faid L. F.
upon the allowance of our faid writ, for correcSlLng errors in
our court before us, in the faid term, hath alledged ; it was
confidered then and there, by our feid court, that the judg-
ment aforefaid, for the errors by the faid L. F. in the record
^_ and procefs of the judgment aforefaid, affigned, *n(i others in

' * • 324* the faid record and procefs of the judgment aforefaid beingfound
*be reverfed, annulled and held as entirely void ; and that he the
faid L.F.be ref^ored to all things which he hath loft by occafion
of the faid judgment, and that he the faid L.F. be diioharged
from the faid judgment, and that he go thereof without day, as
fully appears of record in our court before us. And becaufe now»
on the behalf of the faid L- F. heavily complaining to us, we
have underflood, that you the faid jultices under colour of the
faid infufficient and erroneous judsjment given before you, hy
a certain writ of reflitution, to you the faid fheriff, or to your
officers in this behalf directed, have caufed the faid tenements
with the appurtenances to be refeized, and have put the faid
L. W. in f uil pofftiifiou thereof s?coiding to the form and ef-



Reftitution, and Pleadings thGreon. ~J

feft of the writ aforefaid, to the great damage of the faid L.
F. and we willing that juftice be done to every perfon accord-
ing to the law and cullom ot this our kingdv^m of England^
coinmand you and each ol you, in this behalf as is juftj
that if by virtue of our fald writ of reftitution, to you the
faid fherifF, or to your officers in this bthall direcfled, you
have cauted the faid tenements with the appurtenances to be
lefeized, and have caufcd the faid L. W. to be put in full
pofleiRon thereof, according to the force, form and eff eft of
the faid writ, then that you caufe the tenements aforefaid,
tvith the appurtenances to be reieized, and that without delay
you caufe the faid L. F. again to be put into his full and peace-
able pofieffion of the tenements alorelaid, with the appurte-
nances, our faid writ ot reftitution, fo by you the faidjuf-
tices, to you the fiid fheriff or your officers, before thereupod
direfted, in any wife notwithftanding, and if by colour of our
faid writcf rcltitution you have notcaufcd the tenements afore-
faid, with the appurtenances to be reltired, nor have caufcd the
laid L. W. to be put into full poffeifion thereof, then altoge-
ther that you omit to rcfeize the tenements alorefaid, with the
appurtenances, and to put the faid L. W. into the full poflef-
£on thereof, and how youlLall execute this our command, cer»
tify to us on the morrow of the Holy Trinity, wherefoever we
Ihall then be in England, then returning to us this our writ.
Witnefs'Francis JBacon, at Weftminfter, the 25th day of May,
in the 33d year of our reigji.



The- King -againjl Jackfon.

Ike KinglYnr^O the hceptrs of our peace, and to our juf- An incilft".

&c. y -X tices alfigned to hear and determine divers irent of tor-
felonies, trefpaflfes aud other mifHctds in the faid county oi' '^'i^^c cmry
Cumbtrlaiid perpetrated, and to the Ihcriff of the faid coun- ^nd forcijle
ty, and to every of them greeting. Whereas at the late gene- w?s*found
ral feffions of our -peace, held at Cockermouth, in the faid atthefcirioiis
county on Wednefday, in the week next after the feaft of St. agiinft tlie
Thomas the r/iartyr, to -wit, on ihe 15th day of July, in the ^^'^'^"^•""^
asdycapof our reign, before William Btifco, John Barwis '''^°,fb"^o
'<Hid otters, then keepers of our peace and cur juitices affigned S'tiortK

3 ^ . to he U not



Reftiiutibn, and Pleadings thereon.

«ullfv) puts ^^' ^^^^ ^"^ (letermiiie divers felonies, trefpafles and other miC-
himfeltin ^^eds in the laid county perpetrated, by the oath of William
the king's Brownrlga and 14 others^ good and lawful men of the faid
mercy, and county, Iworn and impa'nnelled to enquire for the body of the
*P. 325* ^"^'d* county, it was prel'ented that Henry Jackfon, of Ul-
is fined 5 af- lack, in the parlfli of Dcane, in the county of C. yeoman,
terwhich, on the 28th day of Sf pteniber, in the 21ft year of our reign,

remoT°d1n-^^-^^%''^^"'^"'''""''^' ^'^^ at U. aforefaid, in the parilh of D.
jotj^g ^i„„'s a^ojefaid, in the county of C. aforefaid, in and upon one
Bench and Elinor Woodall, in the peace of Cod and of our peace then
"Woodal, the and there being, did make an affault and affray, and alfo then
pariydiirei- and there with force and arms, and unlawfully into one mef-
fednot fuage and 40 acres of land, meadow and palture, with the

raving had . i u r t tth n r

rettitution appurtenances commonly called the Hill tenement at U. atore-

by thejuf- ^^'d, in the parifh of D. aforefaid, in the county of C. afore-
lices, the faid, then and there in tlie quiet and peaceable poffeffion of the
court of faid E. W. being, and then being the freehold of the faid
g^^,^/^J^;;J E. W. with force and arms, Sec. unlawfully and with a ftiong
vtictopuc' hand did enter and make an entry, and her the faid E. W.
hcrinpof- fiom her poffeffion thereof .then and there, at U. aforefaid,-
feflion. in the parifli of D. aforefaid, in the county of C. aforefaid,

with force and arms, unlawfully and with ftrong hand, did
hold out, and as yet d(>th hold out, to the great damage of
the faid E. W. in contempt of us, and of our peace, our
crown and dignity, and alio againlV the form of the ftatute
in fuch cafe, thereupon lately made and provided ; and where-
as afterwards at the general feffion of our peace of the faid
county held at C. in the faid county on the Wednefday in the
week next after the feaR of St. Michael, to wit, on the 7th
clay of 0(flober, in the 22d year of our reign afoiefaid, be-
fore Thomas Lamplugh, and others, then keepers of our peace
and juftices affigned to preferve the peace in the faid county,
and alfo to hear and determine divers felonies, treipafles,
and other mifdeeds, in the faid county perpetrated, came the
faid H. J. in his proper peifon, and then and there having
heard the faid indiftment by proteliation, then faid that he
was not guilty thereof, but fubmitted himfelf to a fine with
us, and by the favour of the faid court, and by the faid juf-
tices the fine of the faid H. was affeffcd at fix pence, which
record we for certain caufes, have caufcd to be fent before us-
to be determined, and v/e in our court before us on the be-
half of the faid E. W. heavily complaining to us, have
underftood that altho fhe as aforefaid, is not polTeffed of
the laid mefli'uage and 40 acres of land, meadow and paf-
ture aforefaid, with the appurtenances, ncverthelefs reftitutiou
thereof, as yet remains to be made to the faid E. W. fjpplica-

tijig



I



Reflltution, and Pleadings thereon.

ting us to give her fuitable remedy in this behalf, and we be-
ing willing that the ftatute aforefaid, according to the form of
the fame, be fulfilled in all things, command you and every x>f
you, that you caufe the faid niefTuage, with 40 acres of land,
meadow and pallure to be re-fcized, and that you caufc the faid
E.W.to be put into the peaceable and full poffeflion ol 'he faid
mcfTuage and 40 acres of land, meadow and pafture aiorciaid,
according to the form of the faid ftatiite, and how you iliall
execute this our command, certify to us, from the day of St.
Michael, in three weeks, whercfoever we fl)all then be in
England, then returning to us this our writ. Wituefs Fran-
cis Bacon, at Wcftminller, the 5th «ay of July, in the 23d
year of our reign.



3 £ 3 CoavIA;om>



Conviftions before Juftices of tho-
Peace, &c.



— „,vy>.>^>5^^5>^-44<?i<^<*^



r.326. * "J" he 'King againfi ].S. and others.

Eajler^ the 35th of Charles 2d. Roll 154.

BE it remembered, that at tnc general Quarter- feflions of

St the Guar- ^\^ P^^" °^ ^^^ '^'^^ ^^^ ^^"£' ^^'^ ^* ^^^ ^^^'" ''^ ^^'^'

ter SelTions ^^'''Ij J" ^^"d for the laid county, on Monday in the fiift week

uponoatliof next after the Epiphany of cur Lord, to wit, on the 8th day

twowitneff of January, in the 34th year, &c. before C. C. kt. &c. and

es, r.thunt- others their fellows, juftices of the faid lord the now king,

ir^^r d ' ^^^}i"^d to preferve the pe^ce in and for the faid county ; and

deer, in a ^^^'^ ^o hear and determine divers felonie?, trefpaffcs and other

wood where mifdeeds in the faid county perpetrated, comes one James

red deer was Lewin, and gives the juftices atorefaid here to underfiand

ufnai'y kept, .^^d to be informed, that one J. S- of, &:c. and T. W. of, &c.

mi' "ftatuti *^" ^^^ 5'^ ^^y of January, in the 34th year aforefaid, with

Thtfuhfe- foice and arms, &c. al H. in the county of H. aforefaid, un-

quentjia- lau fully did hunt a certain red-deer, in a certain wood of the.

tutiiinEng- moft coble J< hn earl of Sarum, commonly called Hoddefdon-

^'^"' 3 woods, in the county of H. atorefaid, where rcd-dcer then

& th '' ^^''^' ^^^ before that time ufually were kept, without, the

J.-., <i,o 3. licence or confcnt of the faid moft noble J. earl ol S. pofTef-

e. 30, for and proprietor of the faid wood, or of any other perfon

fpecially entrufted with the cuftody thereof ; and the faid

red-deer then out of the faid wood did chafe and drive away