coke report a BORASTONS case hill Elizabeth n b r rot distinguish lock v lamb  lr Eq see patch v Barnett lj Ch Pearks v Moseley App Cas be it remember that  heretofore that be to say in the term of saint Michael last pass before the  lady the queen at Westminster come Richard hind by James tongue his attorney  and bring here into the court of the say lady the queen then there his certain  bill against William Ambrye in the custody of the marshal c of a plea of  trespass and ejectment of his farm a and there be pledge of prosecution that  be to say John do and Richard roe which say bill follow in these word sacred  scripture Hertford sacred scripture Richard hind complain of William Ambrye in  the custody of the marshal of the Marshalsea of the lady the queen before the  lady the queen herself be for that that be to say that whereas one Thomas  brand and constancy his wife and William Davies and Margaret his wife on the  that day of July in the that year of the reign of the say lady Elizabeth now  queen of England at Aldenham in the county aforesaid demise grant and to farm  let to the aforesaid Richard hind among other thing acre of land with the  appurtenance call the upper part of a close name reddings in Aldenham  aforesaid in the county aforesaid to have and to bold the aforesaid acre with  the appurtenance to the aforesaid Richard hind and his assign from the Feast  of saint John the baptist then last pass until the end and term of seven year  from thence next ensue and full to be complete and end by virtue of which say  demise the say Richard hind enter into the aforesaid acre of land with the  appurtenance on the aforesaid that day of July in the that year aforesaid and  be thereof possess until the aforesaid William Ambrye afterward to wit on the  aforesaid that day of July in the that year aforesaid with force and arm c  into the aforesaid acre of land with the appurtenance enter upon the  possession of the say Richard coke Report16b and he the say Richard from his  farm aforesaid the term thereof not yet end do eject expel and move and then  hold out and as yet hold out the say Richard from his possession thereof and  other wrong to he do against the peace of the say queen to the damage of the  say Richard of and thereof he bring suit c and now at this day that be to say  on Monday next after eight day of saint Hilary in this term until which day  the say William have licence to imparl b and then to answer to the bill  aforesaid c before the lady   a vin Abr error Q pl Com dig pleader b a for the  mode of direct the second writ of error in we exchequer Chamber see sir wm  pelham case ante   I Alton wood case ib b I and see f n b g d g say walsingham  case Plowd say Maun ex prac n as to the writ of error in general see Metcalfes  case post I   ante I p a b in notorious facts sand ED see Bl Com note to the  former edition a see the note to pelham case ante I p a c ED b as to  imparlance ante I p b n king ED coke report a er p the queen at Westminster  come as well the aforesaid Richard by his attorney aforesaid as the say  William by Richard Belfield his attorney and the same William do defend the  force and injury when c and say that he be not guilty thereof and of this he  put himself upon the country and the say Richard likewise therefore let a jury  thereof come before the lady the queen at Westminster on Wednesday next after  fifteen day of easter who neither c to recognize c because as well c the same  day be give to the party aforesaid there c afterward the process thereof be  continue between the party aforesaid of the plea aforesaid by a jury put  between they be respite before the say lady the queen at Westminster until  Wednesday next after eight day of saint Michaelmas c then next follow unless  the justice of the say lady the queen assign to take assize in the county  aforesaid shall first come on Friday the that day of July at Hertford in the  county aforesaid by form of the statute c for default of juror c at which  Wednesday next after eight day of saint Michael before the lady the queen at  Westminster come the aforesaid Richard hind by his attorney aforesaid c and  the aforesaid justice of assize before who c send here their record before  they have in these word sacred scripture afterward at the day and place within  contain before Thomas gawdy Knt one of the justice of the lady the queen  assign to bold plead before the lady the queen herself and Robert clark one of  the baron of the say lady the queen of her exchequer justice of the say lady  the queen assign to take the assize in the county of Hertford by form of the  statute c come as well the within name Richard hind by h Brantwayte his  attorney as the within write William Ambrye by his attorney within mention and  the juror of the jury whereof within mention be make some of they that be to  say Richard Penifather Thomas Glascock Jo Harmer and Stephen Nebbes come and  in the say jury be swear and because the rest of the juror of the say jury do  not appear therefore other of the standerby choose by the sheriff at the  request of the say Richard hind and by the command of the justice aforesaid be  of new put who name to the panel within write be file accord to the form of  the statute in such case late make and provide and some of the juror so a new  put that be to say Edward vial Thomas cooker Thomas throw Edward pole John  dorm William Tiverton Edward jordan and Robert carpenter come who to say the  truth coke report a of the matter within contain together with the juror  aforesaid first impanel and swear choose try and swear say upon their oath  that long before the trespass and ejectment of farm within suppose to be do  one t Boraston be seize of and in the within write ten acre of land with the  appurtenance call the upper part of a close call reddings in Aldenham within  write in his demesne as of fee and hold the say ten acre of land with the  appurtenance of one Robert Stepneigh Esq as of his manor of Aldenham in free  socage d and further the juror aforesaid say upon their oath that the  aforesaid Thomas Boraston have issue of his body lawful beget Humphrey  Boraston his elder son and Henry Boraston his young son and the aforesaid  Humphrey Boraston have issue of his body lawful beget constancy Boraston now  the wife of the within name Thomas brand and the within name Margaret wife of  the within name William Davies and that afterward Humphrey Boraston die live  the say Thomas Boraston and that the aforesaid constancy and Margaret be and  be daughter and coheir of the aforesaid Humphrey Boraston and far the juror  aforesaid say upon their oath that the aforesaid Thomas Boraston be so seize  of and in the aforesaid ten acre of land with the appurtenance as aforesaid  afterward that be to say on the that day of the month of August in the year of  our Lord in the first year of the reign of the say lady the now queen make his  testament and last will in write in these English word follow in the name of  God Amen c item I give unto Thomas amerie and Amphillis his wife all that my  upper part of my close call red for the term of eight year next after m  decease in recompense of one yearly annuity of S d due unto the say Thomas  amerie upon one obligation of c as to the abbreviation of Michaelmas term ante  p b n I ED d as to this statement see ante l p b n m ED coke report b er p  certain year yet during and upon further condition that the say Thomas amerie  shall bring in the say obligation to my executor to be cancel and utter  discharge upon this consideration before such time as the say Thomas amerie  shall make any entry upon the premise and that the say Thomas amerie nor his  assign shall not during the say eight year fall any of the wood timber or  underwood in or upon the say upper part but shall preserve the wood hawts and  spring to the behoof of the heir in remainder and after the term of the say ei  he year the say upper part to remain to my executor until such time as Hugh  Boraston shall accomplish his full age of twentyone year and the mean profit  to be employ by coke Report17b my executor towards the performance of this my  last will and testament and when the say Hugh come unto twentyone year of age  then I will that he shall enjoy the say upper part to he and his heir for ever  provide always that if the say Thomas amerie do ref use to bring in his  obligation or to preserve the wood upon the say upper part then my executor to  enjoy the premise during the say term of eight year pay the say amerie his  annuity of S d during the say term of eight year as by the testament and last  will aforesaid among other thing it more full appear and further the juror  aforesaid say upon their oath aforesaid that the aforesaid Thomas Boraston be  so seize of the aforesaid ten acre of land with the appurtenance afterward  that be to say on the that day of the aforesaid month of August in the first  year of the reign of the say lady the now queen at Aldenham aforesaid die  seize of such his estate and further the juror aforesaid say upon their oath  that the aforesaid Hugh Boraston in the say testament and last will name be  son and heir of the say Henry Boraston and that the say Hugh Boraston die  before be come to the age of twentyone year that be to say about the age of  nine year and further the juror aforesaid say upon their oath aforesaid that  the interest of the premise aforesaid in the say testament and last will  mention and devise as well to the say Thomas amerie and Amphillis his wife as  to the executor of the say testament before the day of the exhibit of the bill  within write end and determine and further the juror aforesaid say upon their  oath that Philip Boraston be and be the brother and next heir of the say Hugh  Boraston by virtue whereof the say Philip Boraston after the aforesaid  interest of the premise to the say Thomas amerie and Amphillis his wife and  the executor aforesaid by the aforesaid testament and last will give and  devise be end and determine enter into the aforesaid ten acre of land with the  appurtenance as brother and next heir of the say Hugh and be seize thereof as  the law require and be so seize thereof the say Philip Boraston afterward and  before the time of the exhibit of the bill aforesaid that be to say on the  that day of June in the that year of the reign of the lady the now queen  demise grant and to farm let to the aforesaid William Ambrye now defendant the  tenement aforesaid with the appurtenance in which c to have and to hold to the  say William Ambrye and his assign for one whole year from thence next follow  to be full complete and end and so from year to year as long as both party  shall please by virtue of which say demise the aforesaid William Ambrye enter  into the aforesaid ten acre of land with the appurtenance and be possess  thereof and be so possess thereof the aforesaid Thomas brand and coke  Report18a constancy his wife William Davis and Margaret his wife as in the  right of the say constancy and Margaret e afterward that be to say on the that  day of July in the that year of the reign of the lady the now queen aforesaid  into the aforesaid ten acre of land with the appurtenance enter in and upon  the possession of the say William Ambrye and be thereof seize as the law  require and be so seize thereof at Aldenham aforesaid the say Thomas brand and  constancy his wife William Davis and Margaret his wife afterward that be to  say on the say that day of July in the that year aforesaid by their indenture  bear date the same day and year demise grant and to farm let the aforesaid ten  acre of land with the appurtenance to the aforesaid Richard hind to have and  to hold the aforesaid ten acre of land e as to plead a seize in fee in husband  and wife in right of the wife dougl Plowd d hob heath Max sand sand Chit plead  ED coke report b er p with the appurtenance unto the say Richard hind and his  assign from the Feast of saint John the baptist then last pass until the end  and term of seven year from thence next ensue and full to be complete and end  by virtue of which say demise the say Richard hind enter into the aforesaid  ten acre of land with the appurtenance on the aforesaid that day of July in  the that year of the reign of the say lady the now queen aforesaid and be  possess thereof until the aforesaid William Ambrye afterward that be to say on  the aforesaid that day of July in the that year aforesaid with force and arm c  reenter into the aforesaid ten acre of land with the appurtenance upon the  possession of the say Richard hind thereof by the precept and command of the  aforesaid Philip Boraston and he the say Richard hind from his possession  thereof hold out and yet do hold out but whether upon the whole matter  aforesaid in form aforesaid find the reentry of the aforesaid William Ambrye  into the aforesaid ten acre of land with the appurtenance be or in law ought  the adjudge a good and lawful reentry the juror aforesaid be utter ignorant  and thereof pray the advice of the court of the lady the queen and if upon the  whole matter aforesaid in form aforesaid find it shall seem to the court of  the say lady the queen that the re entry of the aforesaid William Ambrye into  the aforesaid ten acre of land with the appurtenance in and upon the  possession of the say Richard hind be not nor in law ought to be adjudge a  good and lawful reentry then the juror aforesaid say upon their oath aforesaid  that the aforesaid William Ambrye be guilty of the trespass and ejectment  within specify in manner and form as the aforesaid Richard hind within against  he complain and then they assess the damage of the say Richard hind by  occasion of the trespass and ejectment out of his farm beside his charge and  cost by he about his suit in this behalf expend to S and for his charge and  cost to S and d f but if upon the whole matter aforesaid in form aforesaid  find it shall seem to the court of the lady the queen that the reentry of the  aforesaid William Ambrye into the aforesaid ten acre of land with the  appurtenance in and upon the possession of the say Richard hind be or in law  ought to be adjudge a good and lawful reentry then the juror aforesaid coke  Report18b sa upon their oath that the say William Ambrye be not guilty of the  trespass and ejectment of the farm aforesaid as he within for himself have  allege and cause the court of the lady the queen here of give their judgement  of and upon the premise be not yet advice day thereof be give to the party  aforesaid in the state it now be before the lady e queen at Westminster until  Thursday next after eight day of saint Hilary to hear their judgement thereof  because the court of the lady the queen here thereof be not yet advice c at  which day before the lady the queen at Westminster come the party aforesaid by  their atorneys aforesaid and because the court of the lady the queen here of  give their judgement of and upon the premise be not yet advice further day  thereof be give to the party aforesaid in the state it now be before the lady  the queen at Westminster until Wednesday next after fifteen day of easter to  bear their judgement thereof c because c and so from term to term until the  plaint aforesaid be further adjourn by another writ of the say lady the queen  of common adjournment g before the queen until the morrow of all soul at the  castle of Hertford in the county of Hertford at which da before the lady the  queen at the castle of Hertford come the party aforesaid by their atorneys  aforesaid and because the court of the lady the queen here of give their  judgement of and upon the premise be not yet advice day thereof be further  give to the party aforesaid in the state as it be now before the lady the  queen at the castle of Hertford until Tuesday next after eight day of saint  Hilary to hear their judgement c because c before which day the plaint  aforesaid be adjourn by a writ of the lady the queen of common adjournment  before the say lady the queen until in eight day of saint Hilary at  Westminster at which day before the lady the queen at Westminster come the  party aforesaid by their atorneys aforesaid and because the court of the lady  the queen here of give their judgement of and upon the premise be not yet f as  to the damage and cost in ejectment ante vol I pp a a and the note there ED g  as to the writ of common adjournment ante I p b n wonder ED coke report a er p  advice day be further give to the party aforesaid in the state as now before  the lady the queen at Westminster until Wednesday next after fifteen day of  easter to hear their judgement thereof c because c at which day before the  lady the queen at Westminster come the party aforesaid by their atorneys  aforesaid upon which the premise be see by the court of the lady the queen  here and diligent look into and mature deliberation be thereof have because it  seem to the court of the say lady the queen here that the entry of the  aforesaid William Ambrye above specify into the aforesaid ten acre of land  with the appurtenance in and upon the possession of the aforesaid Richard hind  be a good and lawful reentry therefore it be consider that the aforesaid  Richard hind take nothing by his bill aforesaid but that he for his false  claim be take h c and that the aforesaid William Ambrye may go thereof without  day c