The return. Middlesex; nevertheless the said John Weft the said charters, books, records, muniments and ensigns of magiftracy belonging to the faid borough of Banbury hath not delivered, or caused to be delivered to the faid Samuel West, according to the exigency of the said writ: but the faid John West well knowing the premisses, and further contriving and falfely and maliciously intending to aggrieve him the faid Samuel West in this behalf, and to deprive him of the custody and use of the faid charters, books, records, muniments and ensigns of magistracy belonging to the faid borough of Banbury through the whole time of his mayoralty there, on the day of the return of the faid writ, to wit, the faid Friday next after three weeks of Eafter in the aforesaid 12th year of the reign of the faid lord the now king falfely and malicioufly returned to the faid lord the now king in the court of him the faid lord the king before the king himself (the fame court being then at Westminster in the faid county of Middlesex) his answer to the writ aforesaid; by which faid answer so returned the faid John West certified to the faid lord the king, that divers records and ensigns of magistracy of the borough of Banbury aforesaid were delivered to him the faid John Weft as mayor of the faid borough, and by reason thereof came to the hands of him the faid John West, and then remained in his custody upon that occafion, and not otherwife, for the use and benefit of the faid borough, according to the custom of the said borough used from time whereof the memory of man is not to the contrary; and that no charters, books or muniments in the said writ named, which by reason of the office of him the faid Jahn West, were ever in his custody, ought to be delivered to the faid Samuel West: and the faid John West further certified, that the faid Samuel West in the faid writ mentioned, at the time of the date, or the teste, or the issuing of the faid writ, in the said writ mentioned, or of any of them, was not nor ever afterwards was, nor then exifted, mayor of the borough of Banbury aforesaid, and for that reason he neither could nor ought to deliver the charters, books, records, muniments and ensigns of magistracy of the borough aforesaid, or any of them to the faid Samuel West, as by the faid writ and the return thereof affiled and remaining upon record in the faid court of the faid lord the now king, before the king himself at West-minster aforesaid, more fully appears; where in truth and in fact he the faid Samuel West in manner and form aforefaid was duly chosen, sworn and admitted into the place mayor. and office of mayor of the borough of Banbury aforesaid in Averment that the plaintiff was duly chofen A the the county aforesaid, as by the said writ is above supposed, to wit, at Banbury aforesaid in the county of Oxford aforesaid; and that he the faid Samuel before the time of the date and issuing forth of any writ of mandamus in this behalf, to wit, on the faid 30th day of September in the 11th year of the reign of the faid lord, the now king abovefaid, was and continually afterwards hitherto hath been and yet is mayor of the borough of Banbury aforefaid, to wit, at Banbury aforefaid in the county of Oxford aforesaid; and by reason thereof the charters, books, records, muniments and ensigns of magiftracy of the borough aforesaid, ought to be delivered to him the faid Samuel as mayor of the borough aforesaid; and where in truth and in fact the faid John West, neither at the time of the date, or of the ifssuing forth of any writ of mandamus by him the said Samuel West in this behalf obtained, nor at any time afterwards hitherto was or existed mayor of the borough of Banbury aforesaid; and where in truth and in fact the faid John West at the time of the date, obtaining and ifsuing forth of the said writ of mandamus of him the faid Samuel And that deWest in this behalf, and continually afterwards hitherto fendant was not hath had and hath in his hands divers charters, books and mayor. muniments belonging to the faid borough; by pretence of which faid false return, and of the premisses, the faid Samuel West is not only deprived of the custody and use of the faid charters, books, records, muniments and figns of magiftracy of the borough of Banbury aforesaid, and of his remedy for his obtaining the fame, but also hath expended great fums of money in the obtaining and prosecution of the faid writ of mandamus, and by occafion of the premiffes, is very much injured, to the damage of him the faid Samuel West of 4001%. And thereupon he brings fuit, &c. en And now here at this day, to wit, Wednesday next after Imparlance. fifteen days of Eafter in this said term, until which day the faid John had leave to imparl to the faid bill, and then to answer, &c. before the lord the king at Westminster come as well the faid Samuel West by his attorney aforefaid, as the faid John by Francis Hayes his attorney: and Plea in bar. the faid John defends the force and injury when, &c. and 'faith, that the faid Samuel ought not to have or maintain his faid action thereof against him, because he faith, that the said Samuel West at the time of the date or teste, or ifsuing forth of the faid writs, or of any of them, was not, nor at any time afterwards hitherto hath been or exifted mayor of the borough of Banbury aforesaid in the county of Oxford aforesaid; by which he the said John in his answer to i Demurrer. Joinder in de murrer. vult. to the writ aforesaid in the said declaration mentioned (among other things) hath returned and certified, that the faid Samuel West in the said writ mentioned, at the time of the date or teste, or of the issuing forth of the said writs in the said writ mentioned, or of any of them, was not, nor at any time afterwards hath been, nor then existed, mayor of the borough of Banbury aforesaid, and for that reason he neither could nor ought to deliver the charters, books, records, muniments and ensigns of magistracy of the borough aforesaid, or any of them, to him the faid Samuel West, as by the said declaration is supposed; and this the said John is ready to verify: wherefore he the said John prays judgment if he the faid Samuel ought to have or maintain his faid action thereof against him, &c. And the said Samuel faith, that he by any thing by the faid John above in pleading alledged ought not to be barred from having his faid action against him the said John, because he says, that the faid plea by the faid John in manner and form aforesaid above pleaded, and the matter in the fame contained, are not sufficient in law to bar him the faid Samuel from having his said action thereof against the said John; to which said plea he the faid Samuel hath no neceffity, neither is he bound by the law of the land in any manner to answer; and this he is ready to verify: wherefore for want of a sufficient answer in this behalf, he the said Samuel prays judgment, and his damages by occasion of the said premisses, to be adjudged to him, &c. And the faid John faith, that the plea aforesaid by him the faid John in manner and form aforesaid above pleaded, and the matter in the fame contained, are good and sufficient in law to bar him the said Samuel from having his said action against him the faid John West; which said plea, and the matter in the fame contained, he the said John is ready to verify and prove, as the court, &c. And because the faid Samuel hath not answered to the said plea, nor hath hitherto in any manner denied it, he the said John as before prays judgment, and that the said Samuel may be barred from having his faid action thereof against him the faid John, &c. But because the court of the faid lord the king now Curia advifare here is not yet advised to give judgment of and concerning the premisses, day thereupon is given to the parties aforefaid before the lord the king at Westminster, until next after to hear judgment of and concerning the premisses, for that the court of the said lord the king now here is not yet, &c. 1 Pleas A Pleas before the Lady the Queen at Westminster of the Term of Saint Michael in the first Year of the Reign of our Lady Ann Queen of England, &c. Booth against Johnson. Reported in Ld. Raym. 838. by the Name of Gould against Johnson. T England, HE lord William the third, late king of Eng- Writ of error. land, &c. fent to his right trusty and well beloved Thomas Trevor, knight, his chief justice of the bench, his writ close in these words, (to wit) William the third by the grace of God, of England, Scotland, France, and Ireland king, defender of the faith, &c. to his right trusty and wellbeloved Thomas Trevor, knight, his chief justice of the bench, greeting: because in the record and process, and also in the giving of judgment of a plaint which was in our court before Edward Nevill, knight, and his companions, then our justices of the bench aforesaid, by our writ, between Thomas Johnson and Mary his wife, administratrix of the goods and chattels which were Sylvanus Rowley's gentleman, who died inteftate, as it is said, and Ann Booth, late of Westminster in the county of Middlesex, widow, of a plea of trefpass upon the cafe, as it is faid, manifeft error hath intervened, to the great damage of her the faid Ann, as we have received from her complaint: we willing that the error (if any there shall have been) to be corrected in due manner, and compleat and speedy justice to be done to the parties aforesaid in this behalf, command you, that if judgment thereof be given, then that you fend the record and process aforesaid with all things touching the fame, to us, under your feal, diftinctly and openly, and this writ, so that we have them from the day of Saint Michael in three weeks, wheresoever we shall then be in England, that the faid record and process being inspected, we may further do there upon for the correcting the error, that which of right and according to the law and custom of our realm of England ought to be done. Witness Thomas archbishop of Canterbury, and the rest of the guardians and justices of the kingdom, at Westminster the 8th day of July in the 13th year of our reign. Layton. The : The Answer of Thomas Trevor, Knight, the T HE record and process of the plaint whereof mention is within made, with all things touching' the fame, I fend before the lord the king wheresoever, &c. at the day within contained, in a certain record to this writ annexed, as I am within commanded. Pleas inrolled at Westminster before Edward Action upon aforesaid, widow, was attached to answer ministrators. the faid Thomas and Mary, by Charles Chambers their attorney complain, that whereas the said Ann on the first day of June in the year of our Lord 1685, at Westminster in the county aforesaid, in confideration that the said Sylvanus in his life-time, at the special instance and request of the faid ✔ Ann, would receive into his dwelling-house, situate in Highdowne in the county of Hertford, one Christopher Cripps, a child of the said Ann, and one William Cripps another child of the faid Ann, as guests, with the said Sylvanus, and would find and provide for the fame Christopher and William meat, drink, washing and lodging, and all other things fitting, convenient and necessary, affumed upon herself, and to the faid Sylvanus in his life-time then and there faithfully promised, that she the said Ann would well and faithfully pay and fatisfy to the said Sylvanus as much money as the faid Sylvanus should reasonably deserve to have for the fame, for such time as the faid Christopher Cripps and William Cripps should remain as lodgers with the said Sylvanus in his faid house, when she should be thereunto afterwards required: and the said Thomas and Mary in fact say, that the faid Sylvanus in his life-time, confiding in the promise and under |