baldwin v marton brooker Christopher marton late of marton in the county  aforesaid Esq be attach a to answer to Anthony Baldwin of a plea wherefore  with force and arm the close of he the say Anthony at marton he break and his  corn to the value of there late grow with his foot in walk tread down and  consume and other barms to he do to the grievous damage of he the say Anthony  and against the peace of the lady the now queen c and whereupon the say  Anthony by Robert Somerscale his attorney complain that the aforesaid  Christopher on the that day of September in the that year of the reign of the  lady the now queen with force and arm the close of he the say Anthony at  marton break b and his corn that be to say oat to the value c then there late  grow with his foot in walk tread down and consume and other harm c to his  grievous damage c and against the peace c whereupon be say that he be injure  and have damage to the value of and thereof he bring suit c and the aforesaid  Christopher by William Burton his attorney come and defend the force and  injury when c and as to the force and arm c say that he be not guilty thereof  and of this he put himself upon the country and the say Anthony likewise and  as to the rest of the trespass aforesaid above suppose to be do the say  Christopher say that the aforesaid Anthony ought not to have his say action  against he because be say that the close aforesaid as also the place in which  the trespass aforesaid be suppose to be do be and at the aforesaid time when  the trespass aforesaid be suppose to be do be ten acre of land call Bromfield  with the appurtenance in marton aforesaid which ten acre of land with the  appurtenance be the soil and freehold d of the say Christopher f roll   more  see stat Henry cap cro car cro James march pl per coke in more cro James pl  vin Abr prerogative f b pl g b pl a see ante p a n b b as to the declaration  in trespass in general see ante Pt I p b n a ED c as to plead the general  issue to part with a special plea to the residue ante Pt I p a n g ED d as to  the plea of book property in general see ante p a n d ED coke report b er p  wherefore the say Christopher at the aforesaid time when c coke Report18b the  close aforesaid as his own close soil and freehold of he the say Christopher  in the say ten acre of land with the appurtenance do break and the corn there  as his own corn there grow in the aforesaid ten acre with the appurtenance as  in his owl soil and freehold there with his foot in walk tread down and  consume as it be lawful for he to do and this he be ready to verify whereupon  he pray judgement if the aforesaid Anthony his action aforesaid against he  ought to have c and the aforesaid Anthony say that be by any thing before  allege ought not to be bar from have his action aforesaid because he say that  the close aforesaid as also the place in which the trespass aforesaid above  complain of be do be and at the time aforesaid of the trespass aforesaid do be  four acre of land e with the appurtenance call ScarhillSet and WaterseyMire in  marton aforesaid other than the aforesaid ten acre of land call Bromfield with  the appurtenance in the bar of the say Christopher above specify and this he  be ready to verify f wherefore inasmuch as the aforesaid Christopher to the  trespass aforesaid I the aforesaid four acre of land with the appurtenance  above new assign do do not answer the say Anthony pray judgement and his  damage by occasion of that trespass to be to he adjudge c and the aforesaid  Christopher as to any trespass in the aforesaid four acre of land with the  appurtenance new assign above suppose to be do say that he thereof be not  guilty g as the aforesaid Anthony against he complain and of this be put  himself upon the country and the aforesaid Anthony likewise therefore it be  command to the sheriff that he cause to co I here in the morrow of the holy  Trinity 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 send not the writ therefore  as at first it be command to the sheriff that he cause to come here from the  day of the holy Trinity in three week twelve c to recognize in form aforesaid  c at which day the juror between the party aforesaid of the aforesaid plea  between they be put in respite here until this day that be to say in eight day  of saint Michael then next follow unless the justice of the lady the now queen  to take assize in the county aforesaid assign by the form of the statute c  upon Monday the that day of July last pass at the castle of York in the say  county shall first come and now here at this day come as well the aforesaid  Anthony as the aforesaid Christopher by their atorneys aforesaid and the  aforesaid justice of assize before who c send here their record in these word  afterward at the day and place within contain before John Clench one of the  justice of the lady the now queen assign to hold plead before the queen  herself and Thomas walmesley coke report a one of the justice of the say say  lady the queen of the bench justice of the say lady the queen assign to take  the assize in the county of York by the form of the statute h c come as well  the withinnamed Anthony Baldwin as the aforesaid within write Christopher  Maitin by their atorneys within mention and the juror of the jury whereof  within mention be make some of they that be to say William wharton of  Dunkeswick gentle Adam wire of Airton yeoman John brown of pathorn yeoman  Ralph walker of Bolton gentle t Preston of Whengille yeoman and h Laycock of  Felliface yeoman come and the juror aforesaid be swear and because that the  rest of the juror of that jury do not appear therefore other of the standerby  I to this choose by the sheriff of the county aforesaid be at the request of  the say Anthony and by the commandment of the justice of new add e see as to  new assign the locus in quo in trespass ante p a will e ED press Ent Wentw ID  xxii Chit plead Chit plead f that the conclusion of a new assignment must be  with a verification in order that the defendant may have a opportunity of  answer it Lutw sand Bac Abr trespass I Chit plead ED g as to plead the general  issue to a new assignment see ante p a d h bro Abr Tresp p Chit plead ED h  stat Edward c see ante Pt I p a n p ED I as to pray a tale ante Pt I p a will  Q ED coke report b er p who name to the pannel within write be file accord to  the form of the statute king in such case make and provide and the juror so  anew add now appear that be to say Gabriel green William Newby John Hawton  John Brorey John craven and William Richardson come who to say the truth of  the within contain together with the other juror aforesaid first impanel and  swear to say choose try and swear say upon their oath that before the within  write time when the trespass within write be suppose to be do the aforesaid  four acre of land with the appurtenance in which c be parcel of the possession  of the late monastery or priory of Bolton in craven and that one Richard late  prior of the priory or monastery aforesaid be seize of one tenement message or  farm call Ungthorp in the parish of marton in craven whereof the aforesaid  four acre of land with the appurtenance within new assign be and at the within  write time when c be parcel in his demesne as of fee in the right of his  monastery aforesaid l and so thereof be seize the say late prior with the  assent of the convent of the same place on the that day of December in the  that year of the reign of the Lord Henry late king of England by a indenture  seal with the common seal of the aforesaid prior and convent to the juror in  evidence show demise the aforesaid tenement message and farm whereof the  within write four acre of land with the appurtenance then be and yet be parcel  to one Hugh Baldwin and Agnes his wife to have and to bold to the say Hugh  Baldwin and his assign from the date of the indenture aforesaid unto the end  and term of year full to be end by virtue of which demise the say Hugh and  Agnes into the aforesaid four acre of land with the appurtenance in which c  enter and be thereof possess m the reversion thereof to the aforesaid prior  and his successor coke report b and the aforesaid Hugh and Agnes of the  aforesaid four acre of land with the appurtenance in which c for the term  aforesaid be possess the reversion thereof to the aforesaid late prior in form  aforesaid expectant by a certain Act make in the parliament of the say late  king Henry at Westminster in the county of Middlesex begin the that day of  April in the saint year of his reign and continue until the that day of June  then next follow and there then hold among other thing it be ordain and  establish by the say late king and lord spiritual and temporal and the Commons  in the say parliament assemble that the say late king shall have hold possess  and enjoy to he his heir and successor all and singular such late monastery n  abbey priory nunnery college house of friar and other ecclesiastical and  religious house and place of what kind nature quality or diversity of habit  rule profession or order oh they or any of they be name know or call which  after the that day of February in the that year of the reign of the aforesaid  late king be dissolve suppress renounce relinquish forfeit give lip or by any  other mean come to his highness and who by the same authority and in like  manner shall have bold possess and enjoy all decree circuit precinct manor  lordship grainges message land tenement meadow pasture rend reversion service  wood tithe pension portion rectory appropriate vicarages church chapel  advowson nomination patronage annuity right interest entry condition commons  leet court liberty privilege franchise and other whatsoever hereditament which  appertain or belong to the say late monastery abbey priory nunnery college  hospital house of friar and other religious and ecclesiastical house and place  at the time of the aforesaid dissolution suppress renounce forfeit give up or  by any other manner of mean come to the say king highness after the that day  of February abovementioned and further it be enact by the authority aforesaid  that not only all and singular the aforesaid late king stat h c ante Pt I p a  d Q ED l as to plead seize in right of a church ante Pt p b d c ED m as to  plead possession of a term for year see ante Pt p b n h ED n with respect to  the dissolution of the monastery by h and h see the reference cite ante Pt I p  b d a ED oh with respect to the different order of monk and friar former exist  in this realm see Inst a I ED coke report a er p monastery abbey priory  nunnery college hospital house of friar and other religious and ecclesiastical  house and place decree circuit precinct manor lordship grainges message land  tenement meadow pasture rend reversion service and all and singular other the  premise from thence immediate and present but also all other monastery abbey  priory nunnery college hospital house of friar and all and singular other  ecclesiastical and religious house which thereafter shall happen to be  dissolve suppress renounce coke Report20a relinquish forfeit give up or by any  other mean come to the king highness and also all decree circuit precinct  manor grainges message land tenement meadow pasture rend reversion service  wood tithe pension portion rectory appropriate vicarages church chapel  advowson nomination patronage annuity right interest entry condition commons  leet court liberty privilege franchise and other hereditament whatsoever which  be belong or appertain to they or any of they wheresoever and as soon as they  shall be dissolve suppress renounce relinquish forfeit give up or by any other  mean come to the king highness shall be vest and adjudge by authority of the  same parliament in the very actual and real seize and possession of the say  late king his heir and successor for ever in the state and condition as then  they be and as all the say monastery abbey priory nunnery college hospital  house of friar and other religious and ecclesiastical house so dissolve  suppress renounce relinquish forfeit give up or come to the king highness as  aforesaid as also the aforesaid monastery abbey priory nunnery college  hospital house of friar and other religious and ecclesiastical house and place  which then after shall happen to be dissolve suppress renounce relinquish or  give up to his say highness decree circuit precinct manor lordship grainges  and other the premise whatsoever be in the say Act of parliament special and  particular recite name and express by express word and name and in their  nature kind and quality as in the say Act among other thing more full appear  and the say juror further say upon their oath aforesaid that the aforesaid  monastery or priory of Bolton aforesaid after the aforesaid that day of  February in the that year aforesaid that be to say the that day of June in the  saint year of the reign of the say late king be dissolve by virtue of which  dissolution and by force of the statute aforesaid the aforesaid late king be  seize of the aforesaid monastery or priory of Bolton aforesaid and of the  reversion of the aforesaid four acre of land with the appurtenance among other  thing in his demesne as of fee in the right of his crown of en gland p and  that the aforesaid message and tenement call Ungthorp and the aforesaid four  acre of land with the appurtenance in which c at the time of the dissolution  aforesaid be parcel of the possession of the aforesaid monastery or priory and  the say late king be so seize thereof the d day of April in the d year of his  reign by his letter patent Q seal with the great seal of England to the juror  aforesaid show in evidence r give and grant unto Henry late earl of Cumberland  all the aforesaid tenement message and farm with the appurtenance coke report  b call Ungthorp whereof the within write four acre with the appurtenance  adjoin be and yet be parcel to have and to hold to the say late earl his heir  and assign for ever by virtue of which letter patent the say late earl be  among other thing seize of the reversion of the aforesaid tenement message and  farm with the appurtenance whereof the aforesaid four acre of land with the  appurtenance in which c then be and yet be parcel in his demesne as of fee and  the aforesaid Hugh and Agnes for the aforesaid term of year in form aforesaid  be possess the reversion thereof to the aforesaid earl and his heir expectant  the aforesaid Hugh die of the aforesaid four acre of land with the  appurtenance in which c in form aforesaid possess and the aforesaid Agnes  overlived he the say Hugh and be of the aforesaid four acre of land with the  appurtenance in which c possess by way of survivor S c and the p as to plead a  seize in right of the crown see ante Pt p b n S ED Q as to plead letter patent  see ante Pt p a n ten ED r with respect to the profert of letter patent ante  Pt I p a n you ED S that in the case of husband and wife tenant by entireties  of a term for year coke report a er p aforesaid Agnes so be thereof possess  the reversion thereof to the late earl in form aforesaid expectant the say  late earl make seal and deliver a certain indenture as his deed of the  aforesaid four acre of land with the appurtenance in which c among other thing  the tenor of which follow in these word t this indenture make the that day of  September in the year of our Lord God and in the that year of the reign of our  sovereign Lord Henry by the grace of God king of England France and Ireland  defender of the faith u and in the earth the supreme bead of the church of  England and Ireland betwixt the right noble Lord Henry earl of Cumberland lord  of the manor of Shipton Lord Westmorland and vestion of the one part and Agnes  Baldwin of Ungthorp widow and Anthony Baldwin on the other part witness that  the same earl for the sum of S d sterling at the day of the date hereof by the  say Agnes and Anthony pay to the say earl whereof the say earl acknowledge  himself to be true content and pay and the say Agnes and Anthony their heir  and executor thereof and of every part thereof to be discharge and acquit for  ever have covenant grant and to farm let and by these present covenant grant  demise aid let we to farm to the say Agnes and Anthony and to the heir of the  same Anthony the same tenement message or farm call Ungthorp in the parish of  marton in craven in the county of York together with the closure feed pasture  arable land meadow wood water common of pasture in the more of east and west  Malton common of turbury with free passage to and from the same common of  Eston to a ground or meadow call Tadholm lie in the demesne close of marton  hall and all house coke report a barn boon and building to the same tenement  or farm call Ungthorp belong or in anywise heretofore appertain now and of old  time be of the only yearly rend of S d to have and to bold the same tenement  or farm call Ungthorp with all and singular the premise with the appurtenance  to the same Agnes and Anthony and to the heir of the same Anthony from the  date hereof to the end and term of year next and immediate follow and full to  be complete and end and so from year to year until such time as year be spend  full finish and expire without impeachment of any manner of waste in as ample  free and large manner as ever Nicholas Simson Hugh Baldwin and the say Agnes  Baldwin or any other tenant or farmer of the say tenement or message of  Ugthorp with all and singular the premise with the appurtenance ever occupy or  may have occupy the same without interruption let disturbance denial  contradiction or resistance of the same earl or of his heir and assign or of  any other officer farmer or farmer of the same earl of the manor or capital  mese call MartonHall for the time be or of any other at or by the will assent  consent or furtherance of the same earl his heir or assign and further the say  Agnes and Anthony covenant and grant by these present for they and the heir of  the say Anthony to and with the same earl that they the same Agnes and Anthony  and the heir of the same Anthony shall yearly during the say term at the Feast  of saint Michael the Archangel and within forty day after for certain urgent  consideration content and pay or cause to be content and pay to the say earl  his heir and assign as well a penny separate by itself as S d sterling in a  gross and entire sum if it be ask for the which payment of the say single  penny and of the say S d sterling the say earl covenant and grant for he lie  heir and assign to and with the say Agnes and Anthony to discharge and save  harmless from time to time all the say land and tenement and the say Agnes and  Anthony and the heir of the same Anthony as well of and from the payment of  the say penny as for the payment of the sum of S d as of all other suit or  other chattel real not be a provision for the wife under marriage article the  husband alone may dispose of it press stand at a distance but if it be not  alien or forfeit by he and the wife survive the term will remain with her Inst  b three b and n m ib ED t see ante Pt p a n v ED u as to the origin of this  title which be first use by Henry in the that year of his reign see Inst b I  Inst as to the alteration in the king style in consequence of the union with  Scotland and Ireland ante Pt p a n a ED coke report b er p exaction boon  gressoins fine custom and all other imposition or demand whatsoever they be  concern the same message or tenement call Ungthorp and all other the premise  with the appurtenance during the say term now grant or any term hereafter by  force of this indenture to be grant by the earl and his heir as well against  our coke report b sovereign Lord the king and his heir as against all other  person or person whatsoever they be and furthermore the say earl covenant to  and with the say Agnes and Anthony by these present that he the say earl his  heir and assign shall at the end and term of year make or cause to be make to  the heir or assign of the say Anthony a like demise dud lease of the say  message or tenement and all other the premise with the appurtenance if it be  ask for so many more year as be contain in this lease and the same lease to be  of like force effect and strength in the law as this present be without any  covin fraud collusion denier or maleengine but true and faithful accord to the  true purport and meaning of these present in witness whereof the party  abovesaid to these indenture interchangeable have set their seal the day and  year abovesaid and the say juror further say upon their oath that no livery or  seize of the tenement aforesaid or any part thereof be deliver to the  aforesaid Agnes and Anthony or to either of they upon the indenture aforesaid  and that the aforesaid Agnes and Anthony have and hold the tenement message  and farm aforesaid with the appurtenance whereof the aforesaid four acre with  the appurtenance in which c be and then be parcel as the law in this case  require and the say Agnes and Anthony so have and hold the tenement message  and farm aforesaid with the appurtenance whereof the say four acre in which c  be and then be parcel the say Agnes the last day of October in the that year  of the reign of the say lady the now queen at marton aforesaid in the county  aforesaid die and the aforesaid Anthony her son overlived and continue the  possession of the tenement message and farm aforesaid with the appurtenance  whereof the aforesaid four acre of land with the appurtenance in which c be  parcel and take the profit thereof and have occupy and hold the tenement  message and farm aforesaid whereof the aforesaid four acre of land with the  appurtenance in which c be parcel of such estate and interest as the law in  this case require and he have occupy and hold the tenement message and farm  aforesaid whereof the within write four acre of land be parcel the aforesaid  Henry late earl of Cumberland die have issue George now earl of Cumberland his  son and heir and the say George earl f Cumberland enter into the tenement  aforesaid and afterward that be to say on the that day of April in the that  year of the reign of the say lady the now queen feoff the aforesaid  Christopher marton of the coke Report22a aforesaid four acre of land with the  appurtenance to have to the say Christopher and his heir for ever and that the  aforesaid Anthony at the time of the make of the feoff aforesaid and after  that feoff make hitherto continue in possession as well of the aforesaid four  acre of land with the appurtenance as of the message and rest of the tenement  and farm aforesaid but yet the juror further say that before the feoff  aforesaid the aforesaid rend to the aforesaid Henry late earl of Cumberland  and his heir by the indenture aforesaid grant as well to the aforesaid Henry  earl of Cumberland in his life and after the death of he the say late earl to  the aforesaid George now earl of Cumberland as to the aforesaid Christopher  marton after the feoff aforesaid by the aforesaid Anthony be pay and the say  juror further say upon their oath that the say Christopher on the day and year  in the declaration above specify enter into the aforesaid four acre of land  with the appurtenance in which c upon the possession of the aforesaid Anthony  and the oat within write then there by walk with his foot tread down and  consume as the aforesaid Anthony within against he complain but whether upon  the whole matter aforesaid by the juror aforesaid in form aforesaid find the  aforesaid entry of the aforesaid Christopher into the aforesaid four acre of  land with the appurtenance in which c be a good and lawful entry or not the  say juror be utter ignorant and thereof pray the advice and judgement of the  justice of the court here and if upon the whole matter aforesaid by the juror  aforesaid in form aforesaid find it shall seem to the justice and court here  that the aforesaid entry of the aforesaid Christopher be not a good and lawful  entry in law into the aforesaid coke report b er p four acre of land upon the  possession of the say Anthony then the say juror say upon their oath that the  aforesaid Christopher be guilty of the trespass in the aforesaid four acre of  land within new assign as the aforesaid Anthony within against he complain and  then they assess the damage of the say Anthony by occasion of that trespass  above his cost and charge by he about his suit in this behalf expend to twenty  shilling and for his cost and charge to forty shilling and if upon the whole  matter aforesaid it shall seem to the justice and court here that the  aforesaid entry of the aforesaid Christopher into the aforesaid four acre of  land new assign upon the possession of the say Anthony be a good and lawful  entry in law then the say juror say upon their oath that the aforesaid  Christopher be not guilty of the trespass withinwritten in the within write  four acre of land within new assign and because the justice here will advice  themselves of and upon the premise before they give their judgement thereof  day be give to the party aforesaid here until in eight coke Report22b day of  saint Hilary to bear their judgement thereof because the say justice here  thereof be not yet c at which day here come as well the say Anthony as the  aforesaid Christopher by their atorneys aforesaid and upon this all and  singular the premise be see and by the justice here folly understand it be  consider that the aforesaid Anthony recover against the aforesaid Christopher  his damage to by the juror aforesaid in form aforesaid assess as also S d to  the say Anthony at his request for his cost and charge by the court here of  increase adjudge which damage in the whole amount to S d and that the  aforesaid Christopher be take c coke Report23a baldwin case Pasehae Elizabeth  rot in the common plea