understood all and every thing alledged by him the said Thomas Nash in his defence of and concerning the premisses) it manifeftly appears to us the said justices that the faid Thomas Nash is guilty of the premisses aforesaid, in the faid information laid to his charge, in manner and form as in the faid information above in that behalf is alledged: therefore it is confidered by us the faid justices, that the faid Thomas Nash, by teftimony of the said Robert Haynes, a credible witness, upon his faid oath before us the said justices made as aforesaid, is convicted of the premisses above laid to his charge, as set forth by the faid information, according to the form of the statute in such cafe made and provided. In witness whereof we the faid John Miller and William Westbrook, the justices aforesaid, have set our hands and feals to this record, at Arundell aforesaid, the faid 28th day of August in the abovesaid 13th year of the reign of the lord the king that now is. 1 John Miller. Pleas before our Sovereign Lady the Queen at Nutt against Mills. 2 Ld. Raym. 1014. B London, E it remembered, that on Saturday next after three weeks of Saint Michael in this same term, before our lady the queen at Westminster came John Nutt by Bill against George Allgood his attorney, and brought here into the court clerk of the of the faid lady the queen then there his certain bill against king's benchz. Henry Mills, one of the clerks of Rowland Holt esq; and In debt on a Robert Coleman gentleman, chief clerks of the lady the queen, bond. affigned to inroll pleas in the court of her the faid lady the queen before the queen herself, present here in court in his proper person, otherwise called Henry Mills of the Inner Temple London gentleman, of a plea of debt; and there are pledges of profecuting, to wit, John Doe and Richard Roe; which faid bill follows in these words, to wit, London, (to wit) John Nutt complains of Henry Mills, one of the clerks of Rowland Holt, esq; and Robert Coleman, gentleman, chief clerks of the lady the queen, assigned to inroll pleas in the court of her the said lady the queen before the queen herfelf Oyer of the bond. Plea, that the plaintiff is a knight, in abatement. Demurrer. self, present here in court in his proper person, otherwise called Henry Mills of the Inner Temple, London, gentleman, of a plea that he render to him fixty pounds of lawful money of England, which he owes to him, and unjustly detains, for that, to wit, That whereas the aforesaid Henry on the 28th day of June in the second year of the reign of our lady Ann, now queen of England, &c. at London aforesaid, to wit, in the parish of Saint Mary Le Bow in the ward of Cheape, by his certain writing obligatory, fealed with the feal of him the said Henry, and now here shewn to the court of the said lady the now queen, the date whereof is the same day and year, acknowledged himself to be held and firmly bound to the faid John in the said 60%. to be paid to the faid John, when he should be thereunto afterwards requested: nevertheless the said Henry, although often requested, &c. the faid 601. to the faid John hath not yet paid, but to pay the same to him, hath hitherto absolutely denied, and yet doth deny, to the damage of the faid John of ten pounds: and thereupon he brings fuit, &c. And the faid Henry Mills, present here in court in his proper perfon, defends the force and injury, &c. and prays oyer of the faid writing obligatory, and it is read to him, &c. he also prays oyer of the condition of the fame writing, and it is read to him in these words, that is to say, The condition of this obligation is such, that if the abovebounden Henry Mills, his heirs, executors or administrators, do well and truly pay or cause to be paid unto the abovenamed John Nutt, his executors, adminiftrators or affigns, the full fum of 301. of good and lawful money of England, together with the interest thereof after the rate of 61. per centum per annum, at or upon the twelfth day of July next ensuing the date hereof, then this obligation to be void, or else to remain in full force and virtue; which being read and heard, he the said Henry prays judgment of the bill aforesaid, because he faith, that the said John, to wit, on Friday the 22d day of October in the abovesaid second year of the reign of the said lady the now queen, of England, &c. took upon himself the order of knighthood, and now is a knight; and this he is ready to verify: wherefore he prays judgment of the bill aforesaid, and that the said bill may be quashed, &c. And the faid John faith, that by any thing by the faid Henry above in pleading alledged, the bill of him the faid John ought not to be quashed, because he faith, that the plea aforesaid by the said Henry in manner and form aforefaid above pleaded, and the matter in the fame contained, are not fufficient in law to quash the said bill of him the faid Jobn 1 John against the said Henry; to which faid bill the said John hath no neceffity, neither is he bound by the law of the land in any manner to answer; and that he is ready to verify: wherefore for want of a sufficient answer in this behalf, he the said John prays judgment, and that the bill of him the faid John may be adjudged good, and that the faid Henry may answer to the faid bill, &c. murrer. And the faid Henry faith, that the plea aforesaid by him Joinder in de... the faid Henry in manner and form aforesaid above pleaded, and the matter in the fame contained, are good and fufficient in law to quash the bill of him the said John against the faid Henry; which faid plea, and the matter therein contained, he the said Henry is ready to verify and prove, as the court, &c. And because the faid John hath not answered to that plea, nor hath hitherto in any manner denied it, he the said Henry as before prays judgment, and that the faid bill may be quashed, &c. But because the court of the faid lady the queen now here is not yet advised to give their judgment of and concerning the premisses, day is thereupon given to the parties aforesaid before the lady the queen at Westminster until next after to hear their judgment of and concerning the premisses, for that the court of the said lady the queen now here is not yet, &i. Refpondeat Ouster. Pleas before our Sovereign Lady the Queen at Lysney against Selby. 2 Ld. Raym. 1118. Middlesex, BE to say, Action on the E it remembered, that heretofore, that is the lady the queen at Westminster came Mary Lifney, widow, the the 2d day of March in the 14th year of the reign of the lord William the third, late king of England, &c. at the parish of Saint John Wapping, in the county aforesaid, a certain conversation was had and moved between the said Gerrard and her the said Mary of and concerning the purchafing of fourteen messuages, with the appurtenances, of him the said Gerrard, situate and lying in the parish of Saint John Wapping in the county aforesaid, by her the faid Mary of the faid Gerrard, to which or to the equity of redemption thereof he the faid Gerrard then and there had a title, and of the remainder of a certain term of fixty-one years, commencing on the morrow of the feast of the annunciation of the blessed virgin Mary, which was in the year of our Lord 1683, then to come and unexpired: and upon the conversation aforesaid the said Gerrard then and there falsely, fraudulently and deceitfully afsferted and affirmed to the faid Mary, that the faid 14 messuages, with the appurtenances, were then letten for the yearly rent of 687. which said assertion and affirmation of the said Gerrard by him then and there so made, she the said Mary believing to be true, she the said Mary afterwards, to wit, the same day and year first aforesaid, at the parish aforesaid in the county aforesaid, bought of the faid Gerrard the said 14 messuages, with the appurtenances, for a great sum of money, to wit, for five shillings to the faid Gerrard by her the faid Mary then and there in hand paid, and for 2001. from him the faid Gerrard to her the said Mary then before owing, for money by her the said Mary to the said Gerrard then before lent; and thereupon the said Gerrard, by a certain indenture of affignment then and there made between the faid Gerrard of the one part, and the said Mary of the other part, bargained, fold and affigned to the faid Mary the faid 14 messuages with the appurtenances, and the equity of redemption thereof, to hold to the faid Mary and her afsigns for the refidue and remainder of the faid term of 61 years then to come and unexpired, when in truth and in fact the said 14 messuages with the appurtenances, at the faid time of the faid affertion and affirmation of the faid Gerrard as aforesaid made, and at the time of the buying and affignment thereof were letten for 521. 10s. only, and no more, to wit, at the parish aforesaid in the county aforesaid: and so the faid Mary faith, that the said Gerrard her the faid Mary then and there falsely and fraudulently deceived and defrauded; whereupon she the said Mary faith, that she is injured, and hath damage to the value of 2001. and thereupon she brings suit, : " By Indictment, of Easter Term in the fourth Year The Queen against Smith. 2 Ld. Raym. 1144. Middlesex. H Eretofore, that is to fay, on the 8th day Error upon an! of March in the 4th year of the reign of indictment for our fovere gn lady Ann, by the grace of God, ufury before the of England, justices of Scotland, France and Ireland queen, defender of the faith, Middlesex. &c. before the said lady the queen at Westminster, the faid lady the queen fent to the keepers of her peace, and to the justices affigned to keep the peace within the county of Middlesex, and alfo to hear and determine divers felonies, trespasses, and other misdemeanors committed in the same county, her writ close in these words, to wit, Ann by the grace of God, of England, Scotland, France and Ireland queen, defender of the faith, &c. to the keepers of our peace, and to our justices affigned to keep the peace within the county of Middlesex, and also to hear and determine divers felonies, trespasses, and other mifdemeanors committed in the same county, and to every of them, greeting: because in the record and process, and also in the giving of judgment upon a certain indictment against Dorothy Smith, late of the parish of Saint Clement Danes in the county of Middlesex, widow, for certain trespasses and contempts against the form of the statute set forth against unlawful ufury, whereof before you the hath been indicted, and is thereupon convicted by a certain jury of the county taken between us and the said Dorothy, as it is said, manifeft error hath intervened, to the great damage of her the faid Dorothy, as from her complaint we have received information: we willing in this behalf to correct the error in due manner, if any there shall be, and that speedy justice be done to her the faid Dorothy, command you, that if judgment thereupon be given, then that you do fend the record and. process aforesaid, with all things touching the fame to us, under your seals, or the feal of one of you, distinctly and openly, and this writ; so that we may have them in fifteen days from Easter day, wheresoever we shall then be in England, that inspecting the record and process aforefaid, we may further do thereupon for correcting the error, that which of right and according to the law and custom of our realm of England shall be to be done. Witness ourself at Westminster the 8th day of March in the 4th year of our Reign. VOL. III. D Barnes. By |