The late King William, Queen Anne, King George the First,
and King George the Second.

Taken and collected

By the Right Honourable ROBERT Lord RAYMOND,
late Lord Chief Justice of the COURT OF KING'S BENCH.

VOL. III.

CONTAINING THE ENTRIES OF PLEADINGS TO THE CASES
COMPREHENDED IN THE TWO FORMER VOLUMES.

Published by GEORGE WILSON, Esq; Serjeant at Law.

DUBLIN:

PRINTED FOR E. LYNCH, G. BURNET, P. WOGAN, P. BYRNE, J. EXSHAW,
A. GRUEBER, J. MOORE, J. JONES, W. JONES,

H. WATTS, AND J. RICE,

M.DCC.XCII.

Pleas before the Lord the King at West-
minster of Easter Term in the thirteenth
Year of the Reign of William the Third,
King of England, &c.

West, Mayor of Banbury, against West. Ld.
Raym. 674.

(to wit)

E it remembered that heretofore, to wit, in Declaration for term of the Holy Trinity last past be- a false return of fore the lord the king at Westminster came a mandamas.

Samuel West, gentleman, mayor of the borough of Banbury in the county of Oxford, by James Long his attorney, and brought here into the court of the faid lord the king then there his certain bill against John West in the custody of the marshal, &c. in a plea of trespass upon the cafe; and there are pledges of profecuting, to wit, John Doe and Richard Roe; which faid bill follows in these words, to wit, Middlesex, to wit, Samuel West, gentleman, mayor of the borough of Banbury in the county of Oxford, complains of John West in the custody of the marshal of the Marshalfea of the lord the king, being before the king himself, for that, to wit, that whereas the borough of Banbury in the county of Oxford aforesaid is an ancient borough, and in the fame borough for many years now last past there hath VOL. III, been

B

been, and yet continues to be a mayor of the fame borough yearly chofen: and whereas all the charters, books, records, muniments and ensigns of magistracy of the faid borough of Banbury, do belong and appertain, and for divers years now last past have belonged and appertained to the place and office of the mayor of the faid borough: and also whereas the faid Samuel West lately before the feast of Saint Michael the archangel, to wit, on Monday the fourth day of September (being the first Monday in the month of September) in the eleventh year of the reign of the lord William the third, now king of England, &c. at Banbury aforefaid in the county of Oxford aforesaid was duly elected, and on the fame feast of Saint Michael the archangel was duly sworn and admitted into the place and office of mayor of the borough of Banbury aforesaid to be continued in that office from the fame feast of Saint Michael the archangel for one whole year from thence next following; and by reason thereof, the charters, books, records, muniments and ensigns of magistracy of the borough aforefaid belong and appertain to the said Samuel West, and ought to be, and remain in his custody during the whole time of his mayoralty there: and whereas on the thirtieth day of September in the eleventh year abovesaid, and continually afterwards hitherto, all the charters, books, records, muniments and ensigns of magistracy of the borough of Banbury aforesaid, which belong and appertain to the place and office of mayor of the fame borough, were and yet are in the custody and poffeffion of the faid John West at Banbury aforesaid in the county of Oxford aforefaid, and the faid Samuel West on the faid thirtieth day of September in the eleventh year aforesaid there requested the faid John West to deliver the faid charters, books, records, muniments and ensigns of magistracy of the borough of Banbury aforesaid to the faid Samuel West: nevertheless the faid John West then and there and often afterwards unduly, unrighteoufly and unjustly and injuriously refused to deliver those charters, books, records, muniments and ensigns of magistracy to the said Samuel West, to the no small damage and grievance of him the faid Samuel West: and thereupon the faid Samuel West for the more speedy obtaining the faid charters, books, records, muniments, and enfigns of magistracy of the borough of Banbury aforesaid afterwards, to wit, on the seventeenth day of April in the term of Easter in the twelfth year of the reign of the lord the now king, obtained and prosecuted from the court of the faid lord the king before the king himself (the fame court being then at Westminster in the county of Middlesex) a certain

2

a certain writ of the faid lord the king of pluries man-
damus directed to the aforesaid John West, by which said
writ reciting, that whereas there were then lately delivered The writ of
into, and then remained in the custody of the faid John mandamus
Weft divers charters, books, records, muniments and en-
figns of magistracy belonging and appertaining to the bo-
rough of Banbury aforesaid in the said county of Oxford, which
ought to be delivered to the said Samuel West for the use
and benefit of the same borough; and the faid Samuel, then
mayor of the borough aforesaid, often demanded of the
faid John West the aforesaid charters, books, records, mu-
niments and ensigns of magistracy belonging and apper
taining to the borough aforesaid for the use and benefit
of the faid borough; and the faid John West well
knowing but little regarding the premisses, unjustly de-
tained the said charters, books, records, muniments and
ensigns of magistracy belonging to the said borough
in his custody and power, and hath unjustly refused to
deliver the fame charters, books, records, muniments
and ensigns of magistracy aforesaid to the faid Samuel,
in contempt of the faid lord the king, and to the no
small damage and grievance of him the faid Samuel, and
to the manifest injury of his state, as by his com-
plaint the said lord the king hath received information;
therefore the said lord the king willing that due and
speedy justice should be done in that behalf to the afore-
faid Samuel, as was just, commanded the faid John West, as
he had several times commanded him, firmly enjoining
him that immediately after the receipt of that writ he
should deliver or cause to be delivered all and fingular the
charters, books, records, muniments and ensigns of ma-
giftracy belonging to the borough aforesaid, and being in
his cuftody, to the said Samuel West for the use and benefit
of the fame borough, or should fignify to the faid lord
the king cause to the contrary, lest through the default
of the faid John West complaint should again come to him
the faid lord the king; and in what manner the faid John
West should execute that command of the faid lord the
king he should make to appear to the faid lord the king
at Westminster on Friday next after three weeks of Easter
then next following, under the penalty of eighty pounds,
(remitting the said writ of the faid lord the king to
him); which said writ afterwards and before the return
thereof, to wit, on the 19th day of April in the said twelfth
year of the reign of the faid lord the now king was deli-
vered to the said John West to be executed in form of
law, to wit, at Westminster aforesaid in the said county of

B 2

Middle

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