case leigh against brace count in ejectment S c ld ray Worcestershire to wit  be it remember that on Wednesday next after eight day of saint Hilary in this  same term before the lord the king at Westminster come George leigh by Thomas  Callow his attorney and bring here into the court of the say lord the king  then there his certain bill against Samuel brace in custody of the marshal c  of a plea of trespass and ejectment and there be pledge of prosecute to wit  John do and Richard roe which say bill follow in these word to wit  Worcestershire to wit George leigh complain of Samuel brace in custody of the  marshal of the Marshalsea of the lord the king be before the king himself for  that to wit that whereas one John cook on the first day of October in the that  year of the reign of the Lord William the now king and lady mary late queen of  England c at the parish of Bromsgrove in the county aforesaid demise grant and  to farm let to the aforesaid George one message thirty acre of land ten acre  of meadow and twenty acre of pasture with the appurtenance situate lie and be  in the parish of Bromsgrove aforesaid in the county aforesaid to have and to  hold the tenement aforesaid with the appurtenance to he the say George and his  assign from the Feast day of saint Michael the Archangel then last pass unto  the full end and term of seven year from thence next follow and full to be  complete and end by virtue of which say demise the say George enter into the  tenement aforesaid with the appurtenance and be possess thereof until the  aforesaid Samuel afterward to wit you the same first day of October in the six  year abovesaid with force and arm into the tenement aforesaid with the  appurtenance in and upon the possession of he the say George enter thereupon  and he the say George from his farm aforesaid his say term thereof not be end  eject expel and remove and he the say George from his possession aforesaid  thereof keep out and yet keep out and other wrong to the say George then and  there do against the peace of the say lord the now modern er p king and the  late lady the queen and to the damage of he the say George of ten pound and  thereupon he bring suit c and the say Samuel by John Hancocks his attorney  come and 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 George  likewise therefore let a jury come before the lord the king at Westminster on  Tuesday next after eight day of the purification of the bless virgin mary and  who neither c to take cognizance c because as well c the same day be give to  the party aforesaid there c modern afterward the process thereupon be continue  between the party of the plea aforesaid by the jury be thereupon respite  between they before the lord the king at Westminster until Wednesday next  after fifteen day of easter from thence next follow unless the justice of the  lord the king assign to take the assize in the county aforesaid shall first  come on Saturday the second day of march at Worcester in the county aforesaid  by form of the statute c for want of juror c at which day before the lord the  king at Westminster come the say George by his say attorney and the say  justice before who c have send here their record have before they in these  word to wit afterward on the day and at the place within contain before Giles  Eyre knight one of the justice of the lord the king assign to hold plead  before the king himself and Thomas Breton Esq to he the say Giles Eyre and  William Gregory knight another justice of the say lord the king assign to hold  plead before the king himself justice of the say lord the king assign to take  the assize in the county of Worcester by form of the statute c for this time  associate the presence of the say William Gregory not be expect by virtue of  the writ of the lord the king of si non all men c come as well the withinnamed  George leigh as the withinwritten Samuel brace by their atorneys within  contain and the juror of the jury whereof mention be within name be call come  who be choose try and swear to speak the truth concern the matter within  contain say upon their oath that one Walter brace be seize of the tenement in  the declaration withinmentioned in his demesne as of fee and be so seize  thereof the say Walter brace before the say time when c to wit on the  twentyfifth day of July in the twenty year of the reign of the Lord James the  first late king of England c by his certain charter seal with the seal of he  the say Walter and to the jury aforesaid in evidence show the date whereof be  the same day and year feoff Thomas Wilkes and Thomas Flavell of and in the  tenement aforesaid with the appurtenance to have and to hold to they the say  Thomas and Thomas and their heir to the use in the say charter specify the  tenor of which say charter follow in these word to all Christian people to who  this present write shall come Walter brace of Forkbury in the parish of  Bromsgrove in the county of Worcester yeoman send greeting know the that I the  say Walter brace for the natural love and affection that I bear unto my son  Thomas brace and for diverse other consideration I especial move have give  grant feoff and confirm and by these present do give grant feoff and confirm  unto Thomas Wilkes of Forkbury aforesaid yeoman and unto Thomas Flavell of  Bromsgrove aforesaid clerk their heir and assign all that dwellinghouse or  tenement with the appurtenance which the say Walter brace purchase of Stephen  Dipple of Bromsgrove aforesaid and be situate in the high street modern of  Bromsgrove between the land of Edward seabright Esq and the land of Gilbert  butler gentle and now in the tenure or occupation of Walter rise and also one  other house or cottage with the appurtenance situate and be in Forkbury  aforesaid wherein Gilbert Westley now dwell together with the close wherein  the say cottage stand contain by estimation one acre and all half or  thereabouts be the same more or less one other close of pasture call by the  name of Wherns close contain by estimation three acre or thereabouts one other  close of pasture call by the name of Woodsell contain by estimation five acre  or thereabouts two other close call the Slade Crofts contain by estimation six  acre or thereabouts one day mouth of meadow ground lie in long meadow next  unto the estate there and two fleet acre lie in broad meadow with all way  water wood underwood commons profit commodity advantage and hereditament  whatsoever unto the say premise and every part and part thereof belong or in  any wise appertain all which say premise modern er p be situate lie and be in  the say parish of Bromsgrove and county of Worcester to have and to hold the  say house or tenement land and all and singular other the premise with the  appurtenance and every part thereof to the say Thomas Wilkes and Thomas  Flavell their heir and assign to the use intent and behoofs hereinafter by  these present mention and declare and to no other use intent or purpose that  be to say to the use and behoof of I the say Walter brace for and during my  natural life and after the decease of I the say Walter brace to the use and  behoof of the aforesaid Thomas brace my son and his heir for ever and for  default of issue of the body of the say Thomas brace then to the use and  behoof of the right heir of I the say Walter brace for ever to be hold of the  chief lord or lord of the fee or fee of the premise by the rend and service  thereof first due and of right accustom and very the say Walter brace and my  heir the say house or tenement land and all and singular other the premise  with the appurtenance and every part and parcel thereof unto the say Thomas  Wilkes and Thomas Flavell and their heir shall and will warrant and for ever  defend by these present in witness whereof I the say Walter brace unto this my  present write indent have set my hand and seal the twentyfifth day of July in  the reign of our sovereign Lord king James by the grace of God of England  France and modern Ireland king defender of the faith c the twenty and of  Scotland the fiftyfifth annoque domini by virtue whereof and also by force of  the Act of parliament for transfer of use into possession make and provide the  say Walter be seize of the premise in the say charter mention be the premise  aforesaid in the declaration aforesaid specify as of his freehold for the term  of his life the remainder thereof to the say Thomas brace belong as the law  require and the say juror further upon their oath say that the aforesaid  Walter brace afterward and before the say time when c die and that the say  Thomas brace the son of he the say Walter enter into the tenement in the  declaration withinwritten mention and be seize thereof as the law require and  that he the say Thomas brace be so seize thereof in due manner and form make  his last will and testament in write on the sixteenth day of April in the  thirtythird year of the reign of Charles the second late king of England c  which say will follow in these word in the name of God Amen the sixteenth day  of April in the thirtythird year of the reign of our sovereign Lord Charles  the second by the grace of God of England Scotland France and Ireland king  defender of the faith c annoque domini I Thomas brace of Forkbury in the  parish of Bromsgrove in the county of Worcester yeoman be weak of body but of  sound and perfect memory and understanding thank be to God call to mind the  uncertain state of this life and be desirous to settle thing in order for the  leave the world I have live in the enjoyment thereof till a very considerable  age do make this my last will and testament in manner follow revoke by these  present all and every other testament or testament will and will heretofore by  I make either by word or write and this to be take only for my last will and  testament first I bequeathe my soul unto God my creator and to jesus Christ my  redeemer and my body to the earth from whence it be take to be decent bury in  such Christian manner as to my executor hereinafter name shall be think most  convenient there to rest until my soul and body shall meet again and be join  together at the resurrection and touch such temporal estate as God have be  please to bestow upon I I do order give and bequeathe the same in mariner  follow imprimis I do hereby give and devise unto my son Samuel brace during  the term of his natural life eight pound ayear of lawful money of England to  be pay he quarterly from the time of my decease by my executor hereinafter  mention he my say son Samuel permit and suffer William folk and Jonathan wall  their executor administrator and assign peaceable and quiet to hold and enjoy  the land and tenement and premise to they by I several lease at and under the  covenant specify in their several lease but if he molest or hinder the say  Jonathan wall and William folk of their quiet enjoy the premise or any part  thereof to they by I devise then my will be that my modern say son Samuel have  four pound ayear only during his life pay he quarterly by my executor in full  discharge and satisfaction of the say eight pound ayear item I give and  bequeathe unto ray daughter Elizabeth brace modern er p three hundred pound of  like money of England as follow videlicet two hundred pound within a year and  one hundred pound more the remain part of the say three hundred pound within  two year after my decease if she so long live or bear any issue of her body  with all my good that shall be in my house at Wherns ash at my decease item I  give to my grandson Henry cook during his natural life all that my message or  tenement in Forkbury with two acre of land to the same belong in the  possession of one William perk and four more acre of land to the same adjoin  in the possession of one William Oxford the rend and profit of the say message  and several parcel of land to be receive and enjoy by my executor till my say  grandchild shall attain to the age of twentyone year for the maintenance and  education of my say grandchild item I give and devise to my grandchild mary  and Hannah cook all those my two close of lend in Catsill adjoin to the common  field there call Intallfield contain by estimation about four acre and three  several parcel of land in Intallfield contain by estimation three acre and  last I give and devise unto John cook my soninlaw who I make executor of this  my last will and to his heir on the body of my daughter Rebecca beget or to be  beget all my estate land tenement and house whatsoever in Forkbury and Catsill  in the say parish of Bromsgrove and county of Worcester and not hereinbefore  devise and the reversion of the say message and land hereinbefore bequeathe  unto my say grandchild Henry cook from and after his decease pay the legacy  and annuity in this my will comprise c and the say juror further upon their  oath say that the say Thomas brace afterward die seize of the tenement  aforesaid with the appurtenance as aforesaid and that the tenement aforesaid  with the appurtenance in the declaration aforesaid specify and the tenement  modern aforesaid in the will aforesaid before recite and by the same express  to be devise to the aforesaid John cook in possession be the same tenement  with the appurtenance and not other or diverse and that the say John cook  after the death of he the say Thomas brace into the tenement aforesaid be the  tenement in question enter by colour of the will aforesaid and be thereof  seize as the law require and the say juror upon their oath further say that  the say John cook after the death of the say Thomas brace pay as well all and  singular the legacy and annuity in the same will mention and comprise at such  time and in the manner and form as in the same will be direct as all the just  debt and funeral expense of the say Thomas brace accord to the true intention  of the say will and the juror aforesaid upon their say oath further say that  the withinnamed Samuel brace the now defendant be the son and heir of the body  of the say Thomas brace and that the say Samuel brace after the death of the  say Thomas his father enter into the tenement aforesaid with the appurtenance  and be seize thereof as the law require and the aforesaid John cook afterward  and before the say time when c to wit on the withinwritten first day of  October in the six year of the reign of the Lord William now king of England  and of the lady mary late queen of England c at the parish of Bromsgrove  aforesaid withinwritten in the county aforesaid into the tenement aforesaid  with the appurtenance enter and then and there demise grant and to farm let to  the say George the tenement aforesaid with the appurtenance to have and to  hold the tenement aforesaid with the appurtenance to the say George and his  assign from the Feast day of saint Michael the Archangel then last pass unto  the full end and term of seven year from thence next follow and full to be  complete and end by virtue of which say demise he the say George enter into  the tenement aforesaid with the appurtenance and be thereof possess until the  say Samuel the defendant afterward to wit on the same first day of October in  the six year abovesaid into the tenement aforesaid with the appurtenance in  and upon the possession of he the say George thereupon enter and he the say  George from his farm aforesaid his term not be yet end eject expel and remove  and he the say George from his possession aforesaid thereof keep out and yet  keep out but whether upon the whole matter aforesaid by the juror aforesaid in  form aforesaid find the say Samuel brace the now defendant be guilty of the  trespass and ejectment withinwritten in manner and form as the say George  within complain against he or not the juror aforesaid be whole ignorant and  thereupon pray the advice and consideration modern er p of the court c and if  upon the whole matter aforesaid by the juror aforesaid in form aforesaid find  it shall seem to the court of the lord the king here that the say Samuel brace  the now defendant be guilty of the trespass and modern ejectment withinwritten  in manner and form as the say George within complain against he then the say  juror further upon their oath say that the say Samuel brace be guilty of the  trespass and ejectment withinwritten in manner and form as the say George  leigh within complain against he and they assess the damage of he the say  George leigh by the occasion within write beside his cost and charge by he  about his suit in this behalf lie out to sixpence and for those cost and  charge to forty shilling but if upon the whole matter aforesaid by the juror  aforesaid in form aforesaid find it shall seem to the court here that the  aforesaid Samuel brace the now defendant be not guilty of the trespass and  ejectment within write in manner and form as the say George within complain  against he then they the say juror further say upon their say oath that the  say Samuel brace be not guilty of the trespass and ejectment in the  declaration withinwritten specify as the say Samuel brace within for himself  in plead have allege and because the court of the lord the king now here be  not yet advice of give their judgement of and upon the premise day be  thereupon give to the party aforesaid before the lord the king at Westminster  until next after to hear their judgement of and upon the premise for that the  court of the say lord the king now here thereof be not yet c