Barwell against KENSEY and other declaration in trespass upon the case for the  dig in the foundation of a house so near the plaintiff message that the  plaintiff message fall down c c I Mallory Edward c London to wit Thornas  Kensey late of London vintner Robert Fenwick late of London vintner John  Howard late of London carpenter and John fitch late of London bricklayer be  attach to answer Henry Barwell Esq of a plea of trespass on the case c and  whereupon the say Henry Barwell by Samuel more his attorney complain that  whereas the say Henry on the that day of April in the that year of the reign  of the Lord Charles ill now king of England c and long before at loddon to wit  in the parish of saint Dunstan in the west in the ware of Farringdon without  London in a certain message situate and lie in the parish and ware aforesaid  with his family lawful do dwell and his art and trade of a sadler in the  message aforesaid and in the shop parcel of the say message then do use and  exercise and his habitation and the exercise of his art and trade of a levinz  sadler in the say message and shop parcel of the say message for the space of  one year then next ensue have prepare and intend to exercise use and continue  he the say Henry Barwell then have lawful right and title to continue and  inhabit in the message and shop aforesaid with his family and there to use and  exercise his art and trade for the whole time aforesaid for the better support  and maintenance of himself and his family by the exercise of his art and trade  aforesaid nevertheless the say Thomas Kensey Robert Fenwick John Howard and  John fitch not ignorant of the premise but contrive and malicious intend he  the say Henry Barwell of the habitation of himself and his family in the  message aforesaid and also of the exercise of his art aforesaid in the message  and shop aforesaid of the say Henry Barwell to hinder and deprive upon the  that day of April in the year aforesaid at London aforesaid in the parish and  ware aforesaid the foundation of a certain house lie next to the message of  the say Henry Barwell aforesaid situate in the parish and ware aforesaid do  pull down and prostrate and dig in the soil and foundation there lie  contiguous to the message of the say Henry Barwell so much and so near the  foundation of the message aforesaid of the say Henry Barwell and so much cast  out the earth come thereout that by dig the soil and foundation aforesaid and  by the cast out of the earth come thereout great part of the message aforesaid  of the say Henry Barwell then and there fall to the ground and the residue of  the say message become disjoin waste and spoil by reason whereof he the say  Henry Barwell from his habitation aforesaid with his family out of the message  aforesaid be compel to depart and from that time for the space of eleven month  then next ensue out of the message aforesaid be compel to continue and sundry  great sum of money as well in and about the obtain and provide another  habitation for himself a d his family for the whole time aforesaid and the  removal of he the say Henry Barwell and his family and their good and  merchandise as for the payment of the rend of the message aforesaid so as  aforesaid pull down for the eleven month aforesaid be force and compel to lie  out and expend and also he the say Henry Barwell the whole use and exercise of  his art and trade aforesaid in the message and shop aforesaid be a shop levinz  levinz er p best know and to which sundry great man and other subject of the  say lord the king be accustom to repair to purchase saddle and other good and  merchandise belong to the say art and trade of the say Henry Barwell for the  whole time aforesaid entire lose and be deprive of to wit at London aforesaid  in the parish and ware aforesaid whereupon the say Henry say that he be  prejudice and have sustain damage to the value of and therefore he produce his  suit c and the say Thonaas Kensey and Robert Fenwick by Robert bird their  attorney and the say John Howard and John fitch by Thomas Pargiter their  attorney come and defend the force and injury when c and say that the say  Henry ought not to have his action aforesaid against they because they say  that heretofore before the day of the sue forth of the say original writ of  the say Henry to wit in the term of saint Michael last pass the say Henry and  one Susannah Barwell spinster implead the say Robert bird and they the say  Thomas Kinsey Robert Fenwick John Howard and John fitch and one John Stephens  now decease in his lifetime by the name of Robert bird late of London vintner  Robert Fenwick late of London vintner John fitch late of London bricklayer  John Howard late of London carpenter and John Stephens late of London c in the  court of the say king of the bedch here in a certain plea of trespass upon  which plea the say Henry and S sannah in the say term of saint Michael last  pass by declare against the say Robert bird and they the say Thomas Kensey  Robert Fenwick John Howard John fitch and the say John Stephens in the say  court of the say lord the king of the bench here by the say Samuel more their  attorney complain that the say Robert Birdi Thomas Kensey Robert Fenwick John  fitch John Howard and John Stephens upon the that day of April in the that  year of the reign of the Lord Charles ill now king of England c with force and  arm c in the soil of they the say Henry and Susannah under the foundation of  the house of they the say Henry and Susa nnab situate in the parish of saint  Dunstan in the west in the ware of Farringdon without London dig and the earth  come thereout cast out by which dig of the soil and foundation aforesaid under  the foundation of the house aforesaid and by cast out the earth come thereout  levinz great part of the house of they the say Henry and Susannah fall to the  ground and the residue of the say house become disjoin waste and spoil by  reason whereof the say Henry and Susannah not only the whole entire profit  advantage and benefit of the house aforesaid for a great time to wit from the  say that day of April in the year aforesaid until the day of the obtain of the  original writ of the say henr and Susannah entire lose and be deprive of but  also sundry good and chattel of the say Henry and Susannah to wit one hundred  and fifty saddle to the value of one huadred old woman fifty pound twenty  dozen of bridle to the value of fifteen pound ten dozen of halter to the value  of five pound five dozen of bit to the value of thirty shilling five dozen of  stirrup to the value of four pound five dozen of girth to the value of three  pound five dozen of circingles to the value of five pound thirtv pair of  bolster to the value of three pound four yard of point lace to the val e of  four pound one bolster to the value of twenty shilling thirty POUDds weight of  tin to the value of thirty shilling four shirt to the value of fifty shilling  six ounce of silver to the value of thirty shilling four dozen of glass bottle  to the value of ten shilling four hundred pound weight of iron to the value of  forty shilling four dozen of glass to the value of thirty shilling and four  chair to the value of forty shilling by the fall of the house aforesaid be  break spoil and destroy and become of no value to the say Henry and Susannah  and other wrong c to the great damage c and against the peace c whereupon they  the say Henry and Susannah say that they be prejudice and bad sustain damage  to the value of five hundred pound and therefore then produce their suit c and  the say Robert bird in his proper person and the say Thomas Kensey and Robert  Fenwick by Theodore Walpole their attorney and the say John fitch John Howard  and John Stephens by the say Thomas Pargiter their attorney then come and  defend the force and injury when c and say that they be not guilty of the  trespass aforesaid as the say Henry and Susannah above complain levinz against  they and of this they put themselves upon the country and the say Henry and  Susannah levinz er p do the like therefore the sheriff be command that he  shall cause to come here from the day of saint Martin in fifteen day twelve c  by who c and who neither c to recognize c because as well c at which day here  come the party c and the sheriff do not send his writ therefore as before the  sheriff be command that he shall cause to come here on the octave of saint  Hilary twelve c to recognize in the form aforesaid c at which day the jury  between the party aforesaid for the plea aforesaid be respite until the octave  of the purification of the bless virgin mary then next ensue unless Francis  Pemberton knight chief justice of the lord the king of the bench here assign  by the form of the statute c on Saturday the d day of February then next ensue  have first come to the guildhall of the city of London and upon the say octave  of the purification of the bless virgin mary come as well the say HenryBarwell  and Susannah Barwell by their attorney aforesaid as the say Robert bird in his  proper person and c and the say chief justice before who c then send here his  record in these word afterward at the day and place within contain before  Francis Pemberton knight chief justice of the lord the king of the bench Adan  baines gentle be associate to he accord to the form of the statute c come as  well the within name Henry Barwell Esq and Susannah Barwell spinster as the  within write Robert bird Thomas Kensey Robert Fenwick John fitch John Howard  and John Stephens by their attorney within contain and the juror of the jury  whereof mention be within make be call certain of they to wit John Mallary  Samuel Hoyle Anthony Spencer Roger Duncombe Thomas Yates Richard elborough  Richard chaplin and Hugh Norton come and be swear upon that jury and because  the residue of the juror of that jury do not appear therefore other of the  bystander by the sheriff of London within write choose for this purpose at the  prayer of the say Henry and Susannah and by the command of the chief justice  be new appoint who name be affiled in the panel within write accord to the  form of the statute in such case late make and provide and the juror so new  appoint to wit Thomas anger John Harrison Thomas isle and John Warfield be  call come who be elect try and swear to speak the truth of the matter within  contain together with the other juror aforesaid first impanel and swear say  upon their oath aforesaid that the say Thomas Kensev Robert Fenwick John fitch  John Howard and John Stephens be guilty of the trespass within write in the  manner and form as the say Henry Barwell levinz and Susannah Barwell within  complain against they and they assess the damage of the say Henry and Susannah  by the occasion within write beside their expense and cost by they about their  suit in this behalf lie out to one hundred and twentyone pound and for those  expense and cost to fiftythree shilling and four penny and the juror aforesaid  upon their oath aforesaid further say that the say Robert bird be not guilty  of the trespass aforesaid as the say Robert bird within for himself by plead  have allege therefore it be consider that the say Henry Barwell and Susannah  Barwell shall recover against the say Thomas Kensey Robert Fenwick John fitch  John Howard and John Stephens their damage aforesaid to one hundred and  twentythree pound thirteen shilling and four penny by the jury aforesaid in  the form aforesaid assess and also sixteen pound six shilling and eight penny  to the say Henry Barwell and Susannah Barwell at their request for their  expense and cost aforesaid by the court here of increase adjudge which say  damage in the whole amount to one hundred and forty pound and that the say  Thomas Ketisey Robert Fenwick John fitch John Howard and John Stephens shall  be take c and that the say Henry and Susannah shall be in mercy for their  false clamour against the say Robert bird because that the say Robert bird of  the trespass aforesaid by the jury aforesaid above be acquit and that the say  Robert bird shall go thereof without day c afterward to wit upon the that day  of June in the that year of the reign of the say lord the now king come into  court here the say Henry and Susannah by John Hargrave their attorney by  special warrant to he in that behalf make and acknowledge that they be satisfy  of the damage aforesaid therefore the say Thomas Kensey Robert Fenwick John  fitch John Howard and John Stephens of the damage aforesaid shall be quit c as  by the record and proceed thereof in levinz er p the say court of the say lord  the king of the bench of record remain manifest appear and the say Thomas  Kensey Robert Fenwick John Howard and John fitch say that the say house in the  record of recovery mention to be the house of the say Henry and Susannah and  the message aforesaid in the declaration of the say Henry above specify to be  the message of the say Henry be one and the same mes vage and house and not  another nor different and that the say dig in the soil under the foundation of  the house of the say Henry and Susannah and the cast out of the earth come  thereout by which dig of the soil and foundation under the foundation of the  say house and the cast out of the earth come thereout levinz great part of  that house fall to the ground and the residue of the say house become entire  disjoin waste and spoil in the record of recovery aforesaid mention and the  say pull down and prostrate of the foundation Iying next the message of the  say Henry and the dig of the soil and find there lie contiguous to the message  of the say Henry there so much and so near the foundation of the message of  the say Henry and the cast out of the earth come thereout so much that by the  dig of the soil and foundation aforesaid and by cast out of the earth come  thereout great part of the message aforesaid of the say Henry fall to the  ground and the residue of the say message become entire disjoin waste and soil  whereof the say Henry above now complain be the same dig and cast out of the  earth and the same trespass thing and matter and not other nor different and  that the say fall to the ground of a great part of the say house in the say  record of recovery aforesaid mention and the say fall to the ground of a great  part of the say message and the entire disjoin waste and spoil the residue of  the say message whereof the say Henry above now complain be the same fall  disjoin waste and spoil and not other nor different and that the say Henry  Barwell in the record of recovery aforesaid name and the say Henry Barwell in  like manner name in the writ and declaration now sue be one and the same  person and not other nor different and that the say Thomas Kensey Richard  Fenwick John Howard and John fitch in the record of recovery aforesaid in like  manner name and the say Thomas Kensey Richard Fenwick John fitch and John  Howard in the writ and declaration of the say Henry now sue and name be one  and the same person and not otherDor different and that the damage aforesaid  in the say first action above assess and recover be in full satisfaction of  all damage by the say Henry Barwell sustain by the occasion aforesaid in the  declaration of his say last action mention to wit at loddon aforesaid in the  parish and ware aforesaid and this they be ready to verify wherefore they pray  judgement if the say Henry ought to have his action aforesaid against they c  and the say Henry say that he by any thing by the say Thomas Kensey Robert  Fenwick John Howard and John Fitib above by plead allege ought not to be  preclude from levinz have his action aforesaid against they the say Thomas  Kensey Robert Fenwick John Howard and John fitch because be say that the say  plea by they the say Thomas Kensey Robert Fenwick John Howard and John fitch  in the manner and form aforesaid plead and the matter in the same contain be  not sufficient in law to preclude he from have his action aforesaid thereupon  against they the say Thomas Kensey Robert Fenwick John Howard and John fitch  to which he the say Henry have no necessity neither be be bind by the law of  the land to answer and this he be ready to verify wherefore for want of a  sufficient answer in this behalf the say Henry pray judgement and his damage  by occasion of the premise aforesaid to be ad judge to he c and for cause of  demurrer in law to the say plea the say Henry accord to the form of the  statute in such ease late make and provide set down and to the court here show  the cause follow to wit this that the say plea do not answer direct but  evasive to the matter aforesaid above charge against the say Thomas Kensey  Robert Fenwick John Howard and John fitch by the declaration of the say Henry  and it want form and the say Thomas Kensey Robert Fenwick John Howard and John  fitch because that they have allege sufficient matter in law in their plea  aforesaid above in bar plead to preclude he the say Henry from have his action  aforesaid levinz er p against they the say Thomas Kensey Robert Fenwick John  Howard and John fitch which they be ready to verify which matter the say Henry  do not deny nor to the same in any wise answer but altogether do refuse to  admit the verification thereof as before pray judgement and that the say Henry  may be preclude from have his action aforesaid against they the say Thomas  Kensey Robert Fenwick John Howard and John fitch c and because the justice c