Brownlow against HEWLEY ld raym debt for rend for a executor of a executor  against assignee of the whole term John Hewley late of the city of York in the  county of the city of York Knt be summon to answer to John brownlowe Bart and  William brownlowe Esq Lord Raymond er p executor of the will of John brownlowe  Bart decease late executor of the will of Richard brownlowe Esq of a plea that  he render to they which he unjust detain from they and whereupon they the say  I b and W b the now plaintiff by b c their attorney say that whereas one John  Walter Knt James Fullerton and Thomas Trevor Knt on the first day of September  in the d year of the reign of the Lord Charles the first late of England c be  possess among other thing of a certain park call h park in the parish of king  in the county of York for the term of year beginning from the Feast of saint  Michael the Archangel in the that year of the reign of the Lord James the  first late king of England c and be so possess thereof they the say Lord  Raymond I W I f and t t afterward to wit on the say first day of September in  the three year of the reign of the lord the late king Charles the first  abovesaid at the say parish of king by their certain indenture there make  between the say I W I and t by the name of I W Knt chief baron of the court of  exchequer of the lord the king I f Knt one of the gentleman of the bedchamber  of the lord the king and t t Knt one of the baron of the say court of  exchequer of the one part and c h Esq W l gentle t f gentle and h g gentle by  the name of c as in the deed of the other part counterpart whereof seal with  the seal of the say c W lt f and h they the say I b and W b the now plaintiff  bring here into court the date whereof be the same day and year grant and  assign to the say W l f and h the say park with the appurtenance among other  thing by the name of all that lordship or manor of c with all and singular the  right member and appurtenance thereof in the county of Gloucester then late  parcel of the land and possession of Henry then late prince of Wales and  before that time parcel of the possession of the then late monastery of S and  of all that park and enclose land call h park with the appurtenance in the say  county of York and of the herbage and pannage of the same park and of the  keepership as well of the deer as of the lodge and house there and all those  close or pasture call v sometime enclose within the park aforesaid parcel or  repute parcel of the duchy of Lancaster and parcel or repute parcel of the  honour of king in the say county of York and of all and singular the message  house edifice building barn stable dovehouses yard orchard garden chase warren  vivaries fish stream pool land tenement meadow feed pasture wood underwood  commons waste furze more marsh void ground waif c to have bold and enjoy the  premise aforesaid with the appurtenance to the say W lt f and h g their  executor administrator and assign for and during the whole remainder and  residue of the say term of year then to come and unexpired yield and pay  therefore yearly during the whole term aforesaid then to come and unexpired to  the say I W I f and t t their executor administrator and assign the several  annual rend or sum of money in the same indenture afterward mention to wit for  the say lordship of c with the appurtenance the annual rend or sum of S v d  and for the say park of h with the appurtenance the yearly rend or sum of of  lawful money of England at the Feast of saint Michael the Archangel and the  Lord Raymond annunciation of the bless virgin mary by even and equal portion  to be pay to the band of the bailiff or particular receiver of the premise for  the time be as by the same indenture more full appear by virtue of which say  grant and assignment the aforesaid W lt h and h g into the park aforesaid with  the appurtenance among other thing enter and be possess thereof and be so  possess thereof and the say W I f and t t be possess of the aforesaid annual  rend so as aforesaid reserve during the say term the aforesaid I W I f and t t  afterward to wit the four day of march in the d year of the reign of the say  Lord Charles the first late king of England abovesaid at the parish of king by  a certain indenture there make between the say I W I f and t t by the name of  c as in the deed of the one part and the say Richard brownlowe by the name of  Richard brownlowe of the Inner temple London Esq of the other part one part of  which say indenture seal with the seal of the say I W I f and t t they the say  I b and W b the now plaintiff bring here into court the date whereof be the  same day and year grant to the say r b among other thing all the say annual  rend of so as aforesaid to b pay for the aforesaid park of h to have and to  hold the say annual rend to the Lord Raymond er p say r b his executor and  assign to his and their own proper use and use from the time of the seal and  delivery of the same indenture fast mention for and during the residue of the  say term of year then to come and unexpired as by the say indenture among  other thing more full appear to which say grant of the rend aforesaid they the  say W lt f and h g be possess of the say park with the appurtenance as  aforesaid afterward to wit on the that day of march in the d year of the reign  of the late king Charles the first aforesaid at the say parish of king  themselves attorned and agree by virtue of which grant and by reason of the  attornment and agreement aforesaid the say r b be possess of the say annual  rend of for the residue of the term aforesaid and be so possess thereof the  say Richard afterward to wit on the first day of January in the year of our  Lord at the parish of king make his last will and testament in write and by  the same will appoint the say I brownlowe now decease and then be in full life  executor of his will aforesaid and afterward there die possess of the say  annual rend as aforesaid after who death the say I b now decease in his  lifetime take upon himself the burden of the execution of the say will of the  say r and prove that will in due form of law to wit Lord Raymond at the say  parish of king and be possess of the annual rend aforesaid by reason of the  execution of that will and the aforesaid I b and W b the now plaintiff further  say that the estate of they the say W lt f and h g of and in the park  aforesaid with the appurtenance by virtue of the demise aforesaid by the say I  W I f and t t to the say lt f and h g make afterward to wit on the that day of  may in the that year of the reign of the Lord Charles the second late king of  England c at the aforesaid parish of king come to the say I h by assignment by  virtue whereof the say I h be and yet be possess of the park aforesaid with  the appurtenance for the residue of the term aforesaid and the aforesaid I h  be so possess thereof and the aforesaid I b now decease be in his lifetime  possess of the say annual rend as aforesaid the say I b now decease afterward  in his lifetime to wit on the d day of September in the saint year of the  reign of the Lord Charles the second late king of England c at the say parish  of king make his last will and testament in write and by the say will appoint  the say I b and W b the now plaintiff executor of his say will and afterward  there die possess of the say annual rend as aforesaid after who death the say  I b and W b the now plaintiff take upon themselves the burden of the execution  of the say will and prove that will in due form of law to wit at the parish of  king and be and yet be possess of the annual rend aforesaid by reason of the  execution of that will and be so possess thereof and the say I Hewley be  possess of the park aforesaid with the appurtenance five hundred and fifty  pound of the annual rend aforesaid for five year and one half of a year end at  the Feast of the annunciation of the bless virgin mary in the that year of the  reign of the lord the now king at the same feast to they the say I b and W b  the now plaintiff be in arrear and yet be unpay by which a action have accrue  to they the say I b and W b the now plaintiff to require and have of the say I  h the say nevertheless the say I Hewley although often request the say to they  the say I b and W b the now plaintiff have not yet render but to render the  same to they have hitherto refuse and yet do refuse whereupon they say that  they be injure and have damage to the value of and thereupon they bring suit c  and they bring here into court as well the letter testamentary of the say r b  by which it sufficient appear to the court here that the say I b now decease  in his lifetime be executor of the will of the say r b as the letter  testamentary Lord Raymond of the say I b decease by which it sufficient appear  to the court here that they the say I b and W b the now plaintiff be executor  of the will of the say I b decease and thereof to have administration c and  the aforesaid John Hewley by S W his attorney come and defend the force and  injury when c and as to parcel of the say of the rend aforesaid for half a  year end at the Feast of the annunciation of the bless virgin mary in the  second year of the reign of the lord the now king and of the lady mary late  queen of England c he the say I h say that the aforesaid I b and W b ought not  to have their say action thereof against he because he say that he the Lord  Raymond er p say I h in and upon that feast for the space of one hour before  the set of the sun of the same day and after the set of the sun of that day be  in and upon the park aforesaid ready to pay to they the say S b and W b the  say Payable at that feast as aforesaid and that neither the say I b nor W b  nor either of they nor any person on their or either of their behalf be or be  then and there ready to receive that rend and that the say rend at any time  afterward hitherto in and upon the park aforesaid with the appurtenance or any  part thereof by they the say I b and W b or either of they have not be demand  and this be be ready to verify wherefore he pray judgement if the say I b and  W b ought to have or maintain their say action thereof against he and as to  parcel of the say of the say rend for another half of a year end at the Feast  of saint Michael the Archangel in the second year of the reign of the lord the  now king and the lady mary the late queen of England c be the say I h say that  the say I b and W b ought not to have their say action thereof against he  because he say that he the say I h in and upon that feast for the space of one  hour before the set of the sun of the same day and after the set of the sun of  the same day be in and upon the park aforesaid ready to pay to they the say I  b and W b the same Payable at that feast as aforesaid and that neither the say  I b and W b nor either of they nor any other person on their or either of  their behalf be or be then and there ready to receive that rend and that the  say rend at any time afterward hitherto in and upon the park aforesaid with  the appurtenance or any part thereof by they the say I b and W b or either of  they have not be demand and this he be ready to verify wherefore he pray  judgement if the say I b and W b ought to have or maintain their say action  thereof against he c there Lord Raymond be the like plead to every other half  year rend demand in the declaration and the say I b and W b say that the say  several plead of the say I h in manner and form aforesaid plead and the matter  in the same contain be not sufficient in law to bar the say I b and W b from  have their say action thereof against he and that they to those plead in  manner and form aforesaid plead have no necessity nor be they bind by the law  of the land to answer and this they be ready to verify wherefore for want of  sufficient plead in this behalf they the say I b and W b pray judgement and  their say debt together with their damage by occasion of the detention of that  debt to be adjudge to they c and for cause of demurrer in law in this behalf  they the say I b and W b demonstrate and show to the court here the cause  follow to wit because that the say I h in big several plead aforesaid have not  plead or allege that he be ready to pay to they the say I b and W b the say  money in the say respective plead mention nor bath bring here into court that  money to be pay to they the say I b and W b and for that because those plead  be double uncertain and want form c and the say I h for that he sufficient  matter in law in the say several plead to bar the say I b and W b from have  their say action against he the say I h above in plead bath allege which he be  ready to verify which say matter they the say I b and W b have not deny nor in  any manner answer to the same and have whole refuse to admit that averment as  before pray judgement and that the say I b and W b may be bar from have their  say action thereof against he the say I h c