George Speere v. Edward Coveney

     Wye attorneys: Thomas Goteley, William Evering

The lord king sent to the seneschal and bailiff of John Carey knight baron of Hunsdon of his royal manor of Wye his writ close in these words:

James by the grace of God king of England, Scotland, France, and Ireland defender of the faith etc., to the seneschal and bailiff of John Carey knight baron of Hunsdon of his royal manor of Wye, greetings. Because in the record and process and also in the rendering of judgment of a plea that was before you in the court of the abovesaid manor without our writ according to the custom of the same court between George Speere and Edward Coveney of the beasts of the same George taken and unjustly detained as it is said manifest error intervened to the grave damage of the same George as we have received from his complaint, we, wanting the error if any there was to be corrected in due manner and full and swift justice to be done to the abovesaid parties in this part, order you that if judgment has been rendered thereof you send distinctly and openly the abovesaid record and process with everything touching them to us under your seal so we have them on the morrow of All Souls wherever we shall then be in England, so that, the abovesaid record and process having been inspected, we may make to be done further for the correction of the error what of right and according to the law and custom of our realm of England should be done. Tested me myself at Westminster June 23 in the 5^th year of our reign of England, France, and Ireland and the 40^th of Scotland [June 23, 1607]. Alberye

The execution of this writ appears in a certain parchment roll written and sewn to this writ.

The response of Matthew Hadde armiger seneschal of the royal manor mentioned in that writ:

The Royal Manor of Wye. The court of John Carey knight baron of Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz., August 12 in the 3^rd year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., the 39^th of Scotland [August 12, 1605] before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the abovesaid royal manor used and approved in the same from time whereof the memory of men runs not to the contrary, came a certain George Speere in his proper person and complained to the same seneschal against Edward Coveney concerning a plea of taking and unjust detention of the beasts of the same George by the abovesaid Edward before then within the liberty abovesaid taken and unjustly detained. And according to the law of the land and the custom of the abovesaid court used from the whole time abovesaid he sought process for the replevy of his abovesaid beasts to be made thereof to him. And it was granted to him then and there in the abovesaid form, whereby then and there according to the custom of the royal manor abovesaid used and approved in the same from time whereof the memory of men runs not to the contrary, it is ordered to Phillip Dence gentleman then bailiff and minister of the royal court of the manor abovesaid that if the abovesaid George Speere make the same Phillip Dence bailiff and minister of the royal manor abovesaid secure of prosecuting his claim and also of the beasts, viz., of 12 steers, in English, Norden steeres, of the same George that the abovesaid Edward Coveney lately took and imparked and in the park unjustly as it is said detained against gage and pledges etc., to be returned if return is thereof adjudicated, then he should make to be replevied to the same George Speere his abovesaid beasts, and that he place by gage and safe pledges the abovesaid Edward Coveney so that he be before the aforementioned seneschal at the next court of the abovesaid royal manor to be held at Wye abovesaid on Monday, viz., September 2 then next following to answer the aforementioned George Speere concerning the abovesaid plea. The same day then is given to the aforementioned George Speere there etc.

The Royal Manor of Wye. The court of John Carey knight baron of Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz., September 2 in the 3^rd year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 39^th of Scotland [September 2, 1605] before Matthew Hadde armiger then seneschal of the court of the abovesaid royal manor according to the custom of the abovesaid royal manor used and approved in the same from time whereof the memory of men runs not to the contrary etc.

At this court held then and there came both the abovesaid George Speere in his proper person and the abovesaid Edward Coveney in his proper person. And the abovesaid Phillip Dence then bailiff and minister of the court of the abovesaid royal manor then here returned that he by virtue of the abovesaid precept made to be replevied to the abovesaid George Speere his abovesaid beasts as it was ordered to him, because the abovesaid Edward Coveney has nothing in his bailiwick whereby he can be attached.

And thereon the abovesaid George Speere in the same court then here put in his place Thomas Goteley his attorney against the abovesaid Edward Coveney concerning the abovesaid plea.

And similarly the abovesaid Edward then in the same court here put in his place William Evering his attorney against the abovesaid George Speere concerning the abovesaid plea.

Thereon the abovesaid George by his abovesaid attorney at this court then and there narrated against the aforementioned Edward of and on the abovesaid plea in the form following:

George Speere complains against Edward Coveney concerning a plea of the taking and unjust detention of the beasts of the same George. Pledges to prosecute and also to make return of the abovesaid beasts if return thereof be adjudicated, scilt., John Doo and Richard Roo. And whereof the same George Speere by Thomas Goteley his attorney complains that the abovesaid Edward Coveney on August 28 in the 3^rd year of the reign of the our Lord James now king of England etc., at Willesborough within the jurisdiction of this court in a certain place there called Round North Peyns took the beasts, viz., 13 steers, in English, Norden Steeres, of the same George and detained them unjustly against gage and pledges until etc., wherefore the same George Speere says that he is worse off and has damages to the value of £40, and thereof he produces suit etc.

And thereon at the same court then and there the abovesaid Edward Coveney by his abovesaid attorney defends force and injury when etc. And he seeks license thereof to emparl here until the next court to be held on Monday, viz., September 23 then next following to answer the aforementioned George Speere concerning the abovesaid plea. And he has etc. The same day is given then to the aforementioned George Speere there etc.

The Royal Manor of Wye. The court of John Carey knight baron of Hunsdon of his royal manor of Wye held there on Monday, viz., September 23 in the 3^rd year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith, etc., the 39^th of Scotland [September 23, 1605] before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the abovesaid royal manor used and approved in the same from time whereof the memory of men runs not to the contrary etc.

At this court held then and there came both the abovesaid George Speere by his abovesaid attorney and the abovesaid Edward Coveney by his abovesaid attorney. And thereon the abovesaid Edward Coveney by his abovesaid attorney as before seeks license thereof to emparl here until the next court to be held on Monday, viz., October 14 then next following to answer the aforementioned George Speere concerning the abovesaid plea. And he has etc. The same day then is given to the aforementioned George Speere there etc.

[Further emparlments:

From October 14 to November 4, 1605

From November 4 to November 25, 1605]

The Royal Manor of Wye. The court of John Carey knight baron of Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz., November 25 in the 3^rd year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 39^th of Scotland [November 25, 1605] before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the royal manor abovesaid used and approved in the same from time whereof the memory of men runs not to the contrary etc.

At this court then and there held came both the abovesaid George Speere by his abovesaid attorney and the abovesaid Edward Coveney by his abovesaid attorney. And thereon the abovesaid Edward Coveney by his abovesaid attorney defends force and injury when etc. And as bailiff of Richard Coveney he well acknowledges the taking of the abovesaid beasts in the abovesaid place in which etc., and justly etc., because he says that the same place in which it is supposed the taking of the abovesaid beasts was made contains and at the time of that taking above supposed to have happened contained in itself 10 acres of pasture with appurtenances in Willesborough abovesaid within the jurisdiction of this court and that long before the abovesaid time at which etc., a certain Thomas Ellis gentleman was seised of and in the abovesaid 10 acres of pasture with appurtenances among other things in his demesne as of fee and thus being seised thereof the same Thomas Ellis before the abovesaid time at which etc., scilt., on December 14 in the 39^th year of the reign of the Lady Elizabeth late queen of England etc., at Willesborough abovesaid within the jurisdiction etc., by his certain indented writing made between the same Thomas on one side and the aforementioned Richard on the other side, the other part of which the same Edward here in court proffers sealed with the seal of the abovesaid Thomas Ellis, the date of which is the same day and year, granted, sold, and by that writing confirmed to the aforementioned Richard Coveney a certain annuity or annual rent of £4 of the lawful money of England issuing and to be levied from the abovesaid 10 acres of pasture with appurtenances in which etc., among other things by the names of all that principle messuage of his called Burton situated and being in Kennington in the county of Kent and of all the lands, meadows, pastures, and pasturages looking to the abovesaid messuage [IMG 2041] and also of all his other lands and tenements whatsoever situated and lying in Kennington and Willesborough abovesaid, Hinxhill, Brook, and Ruckinge in the abovesaid county or elsewhere within this realm of England to have, levy, receive, and take the abovesaid annuity or annual rent to the aforementioned Richard Coveney his heirs and assigns in perpetuity on June 18 and December 18 in equal portions annually to be paid, the first payment thereof to be made and beginning on June 18 next to come after the date of the indented writing abovesaid, and if as often as it happen that the abovesaid annuity or annual rent is in arrears unpaid in part or in whole after any day of payment in which as it is set out before it ought to be paid, that then and so often it is well permitted to the aforementioned Richard, his heirs and assigns to enter on the said 10 acres of pasture with appurtenances in which etc., among other things and to distrain and chase, take, impark and retain with himself the distraints thus there taken licitly therefrom until the abovesaid annuity or annual rent and the arrears thereof if any there are together with the damages, outlays, and expenses sustained on that occasion be fully satisfied and paid to the same Richard, his heirs or assigns, as in the abovesaid writing among other things it more fully appears, by virtue of which grant that same Richard Coveney was seised of the abovesaid annuity or annual rent in his demesne as of fee. And because the £16 of the abovesaid annual rent for 4 whole years ended on June 18 in the 1^st year of the reign of the said now lord king of England was in arrears unpaid to the same Richard on the same June 18 and at the same time at which etc., the same Edward Coveney as bailiff of the abovesaid Richard Coveney for the same £16 of the abovesaid rent being in arrears to the same Richard in the abovesaid form well acknowledges the taking of the abovesaid beasts in the abovesaid place in which etc., and unjustly etc., as distraint in a parcel of the abovesaid tenements burdened and obligated etc.

And thereon the abovesaid George Speere by his abovesaid attorney seeks license thereof to emparl here until the next court to be held on Monday, viz., December 16 then next following and then to plead in bar of the acknowledgment of the abovesaid Edward Coveney in the abovesaid plea. And he has etc. The same day is given then to the aforementioned Edward Coveney there etc.

[Further emparlments:

From December 16 to January 6, 1606

From January 6 to January 27, 1606]

The Royal Manor of Wye. The court of John Carey knight baron of of Hunsdon of his royal manor of Wye abovesaid on Monday, viz., January 27 in the 3^rd year of the reign of our lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 39^th of Scotland [January 27, 1606] before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the royal manor abovesaid used and approved in the same from time whereof the memory of men runs not to the contrary etc.

At this court then and there held came both the abovesaid George Speere by his abovesaid attorney and the abovesaid Edward Coveney by his abovesaid attorney. And thereon the abovesaid George Speere by his abovesaid attorney then and there pleaded in bar to the acknowledgment of the abovesaid Edward Coveney in this form as follows:

And the abovesaid George says that the abovesaid Edward as the bailiff of the abovesaid Richard by the reason alleged before ought not to acknowledge the taking of the abovesaid beasts in the abovesaid place in which etc., as just, because he says that by a certain act published in the parliament of the Lady Elizabeth late queen of England held at Westminster in the county of Middlesex on April 2 in the 13^th year of her reign among other things it was enacted by the authority of the same parliament that a certain act made in the parliament of the Lord Henry VIII late king of England at Westminster abovesaid in the 37^th year of his reign for the reformation of usury [IMG 2042] from and after June 25 next following the abovesaid April 2 in the abovesaid 13^th year of the reign of the said late queen would be revived and would stand in its full strength, vigor and effect, in which certain act made in the abovesaid parliament of the late King Henry VIII in the abovesaid 37^th year of his reign among other things it was enacted by the authority of the same parliament that no person or persons of whatsoever grade, estate, quality, or condition he or they may be at any time after the last day of January specified in the same act by way or means of any corrupt bargain, load, exchange, borrowing, “le Shifte” or interest of any commerce or merchandise or other king or other things whatsoever or by any other corrupt or deceitful way or means or by any association, device, or deceitful way or conveyance should have, receive, accept, or take in profit or gains, in English, gaines, for deferring or giving a day of payment of one whole year and for his or their money or other things that shall be owed for the same commerce, merchandise or other thing or other things beyond the sum of £10 in the £100, and thus according to the same rate and not more of and for a greater or lesser sum for longer or shorter time and not more or greater profit or sum having thereof under the penalties and forfeitures mentioned and contained in the same act as by the act made in the abovesaid 37^th year among others it more fully appears. And further by the abovesaid act in the abovesaid parliament of the said late queen held at Westminster abovesaid in the abovesaid 13^th year of her reign among other things by the authority of the same Parliament it was enacted that all obligations, contracts, and collateral assurances or others to be made for the payment of some principal or money to be loaned or covenant to be performed on or for some usury to be loaned or made, anything against the abovesaid act then revived on or by which borrowing or deed would be reserved or taken beyond the rate of £10 for £100 for 1 year would be completely void as by the same act of the 13^th year abovesaid it more fully appears. And the abovesaid George further says that after the abovesaid June 25 specified in the abovesaid act and before the abovesaid time of the taking of the abovesaid beasts made, scilt., December 14 in the 34^th year of the reign of the said late queen abovesaid at Willesborough abovesaid within etc., the abovesaid Thomas Ellis in the abovesaid avowry above named from great need of £40 came to the aforementioned Richard Coveney similarly named in the abovesaid avowry asking the same Richard to lend to the same Thomas this manner sum of £40, and thereon then and there a certain colloquium was had between the same Thomas and the abovesaid Richard that the same Richard would loan to the same Thomas the same £40, and that the abovesaid Richard would give to the same Thomas a day of payment for the abovesaid £40 until on December 20 which then would be in the year of the Lord 1594. Thereon then and there, scilt., on the same December 14 in the 34^th year abovesaid at Willesborough abovesaid within etc., by way of corrupt bargain it was corruptly concorded and agreed between the same Thomas and the aforementioned Richard that for usury by the same Richard for deferring and giving the abovesaid day of having from the same Thomas payment of the £40 thus as set out before for lending until on the abovesaid December 20 in the year of the lord 1594 abovesaid, the same Thomas by his certain indented writing would give, grant, sell, and confirm to the aforementioned Richard a certain annuity or annual rent of £4 of the lawful money of England issuing and to be levied from a certain messuage then the same Thomas’s called Burton situated in Kennington in the county of Kent and of all lands, meadows, pastures, and pasturages then pertaining or looking to the same messuage, and also of all thenceforth lands and tenements of the same Thomas whatsoever then situated and lying in Kennington and Willesborough abovesaid and in Hinxhill, Brook abovesaid, and Ruckinge in the abovesaid county or elsewhere within the realm of England to be had, levied, received, and taken, the abovesaid annuity or annual rent to be paid to the aforementioned Richard Coveney, his heirs and assigns in perpetuity on June 18 and December 18 by equal portions annually, the first payment to be made thereof and to begin on June 18 then next following and if as often as it happens that the abovesaid annuity or annual rent is in arrears unpaid in part or in whole after any day of payment in which as set out before it was supposed to be paid that then and so often it is well permitted to the aforementioned Richard, his heirs and assigns to enter and distrain on the abovesaid messuages and all other the premisses and in each part and parcel thereof and lawfully to lead therefrom, chase, take away, impark, and retain with himself the distraints thus taken there until the abovesaid annuity or annual rent and arrears thereof if any there were together with the damages, outlays, and expenses sustained by that occasion are fully satisfied and paid to the same Richard, his heirs and assigns, nevertheless provided always that if the same Thomas pay or make to be paid or his heirs, executors or assigns pay or make to be paid to the aforementioned Richard, his heirs, executors, or assigns the abovesaid £40 together with the arrears of the said annuity or annual rent [IMG 0563] that there were on the abovesaid December 20 that was in the year of the Lord 1594 abovesaid in the gate of the parish church of Ashford in the abovesaid county that then payment of the abovesaid annuity or annual rent would cease and determine and that then this manner writing of grant of that annuity or annual rent so to be made and the grant thereof would be void and of no vigor or effect in law. And the same George further says that the abovesaid Richard after the abovesaid agreement had in the abovesaid form, scilt., the same December 14 in the 34^th year abovesaid at Willesborough abovesaid within etc., loaned to the same Thomas the abovesaid £40 according to the form of the abovesaid corrupt agreement, the abovesaid Thomas thereon then and there by his abovesaid indented writing now proffered here in court gave, granted, sold, and confirmed to the aforementioned Richard the abovesaid annuity or annual rent of £4 thence issuing and to be levied from the then abovesaid messuages, lands, and tenements of the same Thomas above mentioned to have, levy, receive, and take the abovesaid annuity or annual rent to the aforementioned Richard, his heirs and assigns in perpetuity on June 18 and December 18 by equal portions annually to be paid, the first payment thereof to be made and begin on the abovesaid June 18 then next following, and if and as often as it happen that the abovesaid annuity or annual rent is in arrear unpaid in part or in whole after some day of payment in which as it is set out above it ought to be paid that then and so often it is well permitted to the aforementioned Richard, his heirs and assigns to enter and distrain on the abovesaid messuages and all other the premisses and in each part and parcel thereof and to lead thence, chase, take away, impark, and retain with himself the distraint thus there taken lawfully until the abovesaid annuity or annual rent and arrears thereof if there were any together with the damages, outlays, and expenses sustained by that occasion were fully satisfied and paid to the same Richard, his heirs or assigns, and further by the abovesaid indenture it was provided that nevertheless always if the abovesaid Thomas should pay or make to be paid or his heirs, executors, or assigns should pay or make to be paid to the aforementioned Richard, his heirs, executors or assigns the abovesaid £40 together with the arrears of the said annuity or annual rent if there were any on the abovesaid December 20 that was then in the year of the Lord 1594 abovesaid in the abovesaid gate of the parish church of Ashford abovesaid that then the payment of the abovesaid annuity or annual rent would cease and determine, and that then that charter and grant abovesaid would be void and of no vigor and effect at law. And the same George further says that the abovesaid annuity or annual rent of £4 in the abovesaid form to be had, levied, and taken for usury for deferring and giving a day of the payment abovesaid of £40 as above in the abovesaid form reserved exceeds the rate of £10 per £100 for one year against the form and effect of the abovesaid statute from the 37^th year of the reign of the said late King Henry VIII abovesaid, and thus the same George says that the abovesaid indented writing of the grant of the annuity or annual rent abovesaid proffered here in court and the abovesaid grant thereof in the abovesaid form made by force of the abovesaid act of parliament in the 13^th year of the reign of the said late queen abovesaid are void in law and that each of them is void in law, and this he is ready to verify, wherefore since the abovesaid Edward has acknowledged above the taking of the abovesaid beasts in the abovesaid place in which etc., the same George seeks judgment and his damages by occasion of the taking and unjust detention of those beasts to be adjudicated to him etc.

And thereon the abovesaid Edward Coveney by his abovesaid attorney seeks license thereof to emparl here until the next court to be held on Monday, viz., February 17 then next following and then to replicate to the abovesaid plea in bar of the abovesaid George Speere at the acknowledgment of the same Edward. And he has etc. The same day is then given to the aforementioned George Speere there etc. [IMG 0564]

[Emparlments:

From February 17 to March 10, 1606

From March 10 to March 31, 1606]

The Royal Manor of Wye. The court of John Carey knight baron of Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz., the last day of March in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 39^th of Scotland before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the court of the royal manor abovesaid used and approved in the same from time whereof the memory of men to the contrary does not run.

At this court then and there held came both the abovesaid George Speere by his abovesaid attorney and the abovesaid Edward Coveney by his abovesaid attorney. And thereon the abovesaid Edward Coveney by replicating pleaded to the bar of the same George Speere to the acknowledgment of the same Edward in these words:

And the abovesaid Edward says that before the abovesaid time at which etc., the abovesaid Thomas Ellis was seised of and in the abovesaid 10 acres of pasture with appurtenances in which etc., among others in his demesne as of fee, and thus being seised thereof the same Thomas on the abovesaid December 14 in the abovesaid 34^th year of the reign of the said late queen at Willesborough abovesaid within etc., by way of legitimate bargain, contract, and loan for £40 of the lawful money of England paid in hand to the same Thomas by the abovesaid Richard then and there simply and without any usury or illicit gain to be had or hoped for thereof granted by the abovesaid indented writing proffered here in court to the aforementioned Richard the abovesaid annuity or annual rent of £4 issuing or to be levied from the abovesaid 10 acres of pasture with appurtenances in which etc., among other things by the abovesaid names specified in the abovesaid acknowledgment to be had and taken for the aforementioned Richard, his heirs and assigns in perpetuity on the abovesaid June 18 next after the abovesaid date of the abovesaid indented writing with the abovesaid clauses of distraint contained in the same indented writing, by virtue of which grant the abovesaid Richard was seised of the abovesaid annuity or annual rent of £4 in his demesne as of fee and the abovesaid £16 of the abovesaid rent for the abovesaid 4 whole years ended on the abovesaid June 18 in the abovesaid 1^st year of the reign of the said now lord king etc., were in arrears unpaid to the same Richard on the same June 18 and at the abovesaid time at which etc. as he above alleged, without this that by way of corrupt bargain it was corruptly concorded and agreed between the abovesaid Thomas Ellis and the abovesaid Richard Coveney in manner and form as the abovesaid George above alleged. And this he is ready to verify, wherefore he seeks judgment and the return of the beasts abovesaid together with the damages etc., to be adjudicated to him etc.

And thereon the abovesaid George Speere by his abovesaid attorney seeks license thereof to emparl here until the next court to be held on Monday, viz., April 21 then next following. And he has etc. The same day is given to the aforementioned Edward there etc.

[Further emparlments:

From April 21 to May 12, 1606]

The Royal Manor of Wye. The court of John Carey knight baron of Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz., May 12 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 39^th of Scotland before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the court of the royal manor abovesaid used and approved in the same from time whereof the memory of men runs not to the contrary etc.

At this court then and there held came both the abovesaid George Speere by his abovesaid attorney and the abovesaid Edward Coveney by his abovesaid attorney. And thereon the abovesaid George Speere by his abovesaid attorney answers to the replication of the abovesaid Edward Coveney in these words:

And the abovesaid [IMG 2043] George as before says that the abovesaid indented writing was made on a corrupt bargain and loan against the form of the statute abovesaid in manner and form as the abovesaid George above alleged. And he seeks that this be inquired by the countryside.

And thereon the abovesaid Edward Coveney by his attorney abovesaid seeks license to emparl thereof here until the next court to be held on Monday, viz., June 2 then next following. And he has etc. The same day is given to the aforementioned George there etc.

[Further emparlments:

From June 2 to June 23, 1606]

The Royal Manor of Wye. The court of John Carey knight baron Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz., June 23 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 39^th of Scotland [June 23, 1606] before Matthew Hadde armiger the seneschal of the court of the royal manor abovesaid according to the custom of the court of the abovesaid royal manor used and approved in the same from time whereof the memory of men runs not to the contrary etc.

At this court then and there held came both the abovesaid George Speere by his abovesaid attorney and the abovesaid Edward Coveney by his abovesaid attorney. And thereon the abovesaid Edward Coveney by his abovesaid attorney answers to the abovesaid plea of the same George Speere pleaded above by rejoining and he demurred thereof in law in these words:

And the abovesaid Edward Coveney says that the abovesaid plea of the abovesaid George Speere pleaded to the acknowledgment of the same Edward above by rejoining is less sufficient in law to preclude the same Edward from acknowledging his acknowledgment of the taking of the abovesaid beasts in the abovesaid place in which etc., as just or to maintain the aforementioned George having his abovesaid action against the same Edward concerning the same taking, and that he to that plea pleaded in the manner and form abovesaid has no need nor is bound by the law of the land to answer, because the plea of the abovesaid George does not answer the traverse of the same Edward offered in his replication abovesaid in the abovesaid form, as by the law of the land he ought to have answered, and for this the abovesaid George in his abovesaid plea offers an issue to be tried by the countryside on matter not traversed nor otherwise denied. And this he is prepared to verify, wherefore for lack of a sufficient plea of the abovesaid George in the part, the same Edward as before seeks judgment and the return of the beasts abovesaid together with damages etc., to be adjudicated to him etc. And thereon the abovesaid George Speere seeks licence to emparl thereof here until the next court to be held on Monday, viz., July 14 then next following. And he has etc. The same day is given then to the abovesaid Edward there etc.

[Further emparlments:

From July 14 to August 4, 1606 [IMG 2044]

From August 4 to August 25, 1606]

The Royal Manor of Wye. The court of John Carey knight baron of Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz. August 25 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 40^th of Scotland [August 25, 1606] before Matthew Hadde armiger then seneschal of the royal court of the abovesaid manor according to the custom of the abovesaid royal manor used and approved in the same from time whereof the memory of men runs not to the contrary etc.

At this court held then and there came both the abovesaid George Speere by his abovesaid attorney and the abovesaid Edward Coveney by his abovesaid attorney. And thereon the abovesaid George Speere by his abovesaid attorney joins in the demurrer in law to the abovesaid demurrer in law of the same Edward abovesaid in these words:

And the abovesaid George from this that the abovesaid plea pleaded by the same George to the abovesaid acknowledgment of the abovesaid Edward above by rejoinder and the matter mentioned in that plea are sufficient in law to preclude the abovesaid Edward acknowledging his acknowledgment of the taking of the abovesaid beasts in the abovesaid place in which etc., as just and to maintain the same George having his abovesaid action against the abovesaid Edward concerning the same taking, which certain matter the same George is ready to verify, the same George as above seeks judgment and his damages by occasion of the taking and unjust detention of the abovesaid beasts to be adjudicated to him etc.

And because the court here wants to advise itself of and on the premisses before it renders its judgment thereof, therefore the abovesaid parties have day here until the next court to be held on Monday, viz., September 15 then next following to hear their judgment thereof etc., because the same court here thereof not yet etc.

[Further continuations:

From September 15 to October 6

From October 6 to October 27

From October 27 to [IMG 0565] November 17

From November 17 to December 8

From December 8 to December 29, 1606

From December 29 to January 19, 1607]

The Royal Manor of Wye. The court of John Carey knight baron Hunsdon of the royal manor of Wye abovesaid held there on Monday, viz., January 19 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 40^th of Scotland [January 19, 1607] before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the court of the royal manor abovesaid used and approved in the same from time whereof the memory of men runs not to the contrary. [IMG 0566]

At this court held then and there came both the abovesaid George Speere by his abovesaid attorney and the abovesaid Edward Coveney by his abovesaid attorney. Thereon, the premisses having been seen and more fully understood by the court here and mature deliberation having been had, it seems to the same court here that the abovesaid plea of the abovesaid George Speere pleaded above by rejoinder is less sufficient in law to preclude the abovesaid Edward Coveney from acknowledging his abovesaid acknowledgment of the taking of the abovesaid beasts in the abovesaid place in which etc., as just or to maintain the aforementioned George to have his abovesaid action against the abovesaid Edward concerning the same taking as the abovesaid Edward above alleged. Therefore it is considered that the abovesaid George Speere take nothing for his abovesaid complaint but be in mercy for his false claim. And the abovesaid Edward go thereof without day etc., and have the return of the abovesaid beasts to be detained irrepleviable to him in perpetuity, and how etc., the bailiff and minister of the court of the royal manor abovesaid should make to establish to the next court to be held on Monday, viz., February 9 then next following, it is considered also that the abovesaid Edward ought to recover his damages by the before set out occasion against the aforementioned George Speere, but because it is not known to the court here what damages the same Edward sustained by occasion of that precept it is ordered to the bailiff and minister of the court of the royal manor abovesaid that by the oath of prudent and lawful men of his bailiwick within the abovesaid royal manor he inquire what damages the same Edward sustained both by the before set out occasion and by his outlays and costs put out by him on his suit in this part, and the inquest that etc., the bailiff and minister of the court of the royal manor abovesaid should make to be established here at the aforementioned next court under the seal etc., and seals etc.

The Royal Manor of Wye. The court of John knight baron of Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz., February 9 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 40^th of Scotland [February 9, 1607] before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the abovesaid royal manor used and approved in the same from time whereof the memory of men runs not to the contrary etc.

At this court held then and there came the abovesaid Edward Coveney by his abovesaid attorney, but the bailiff and minister of the court of the royal manor abovesaid did not send the precept of having a return nor the abovesaid precept for inquiring of the damages between the abovesaid parties directed as before to him. Therefore as formerly it is ordered to the same bailiff and minister of the court of the royal manor abovesaid that he make the return to the same Edward Coveney of the abovesaid beasts to be detained to him irrepleviable in perpetuity in the abovesaid form and how etc., the bailiff and minister of the abovesaid court should make to be known here at the next court of the abovesaid royal manor to be held on Monday, viz., on March 2 then next following, and also that by the oath of prudent and lawful men of his bailiwick within the royal manor abovesaid he should diligently inquire what damages the same Edward Coveney sustained both by the above set out occasion and by his outlays and costs put out by him on his suit in this part, and the inquisition that etc., he should make known here at the next court of the royal manor abovesaid to be held on the abovesaid Monday, viz., March 2 then next following under the seal etc., and the seals etc.

The Royal Manor of Wye. The court of John Coveney knight baron of Hunsdon of the royal manor of Wye abovesaid held on Monday, viz., March 2 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 40^th of Scotland [March 2, 1607] before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid used and approved in the same from time whereof the memory of men does not run to the contrary etc.

At this court held then and there came the abovesaid Edward Coveney by his abovesaid attorney. And James Mascall gentleman then bailiff and minister of the royal court of the abovesaid manor returned here a certain inquisition taken before him here at Wye within the liberty of the royal manor abovesaid on February 19 in the [4^th] year of the reign of our Lord James now king of England, etc., and of Scotland the 40^th within the royal manor abovesaid by virtue of the precept directed to him thereof by the oath of Thomas Brett, Thomas Wood, Thomas Hanle, David Birchett, Matthew Taylor, Henry Tritton, Richard Wood, John Stevens, John Dence, jr., Edward Mills, William Glover, and Richard Martin prudent and lawful men of his bailiwick, by which it was found that the abovesaid Edward Coveney sustained damages by the above set out occasion beyond his outlays and costs put out by him on his suit in this part at £5; and for those outlays and costs at 4d. Therefore it is considered that the abovesaid Edward Coveney recover against the abovesaid George Speere his abovesaid damages at £5 4d found by the abovesaid inquisition in the abovesaid form as well as £5 10s adjudicated to the same Edward at his request for his outlays and costs abovesaid by the court here by way of increment, which certain damages in all amount to £10 10s4d. And as to the execution of the precept abovesaid as to the return of the abovesaid beasts mentioned in that precept, the same bailiff and minister of the court of the abovesaid royal manor returned that before the arrival of that precept the abovesaid beasts were eloigned by the abovesaid George Speere to places unknown whereby those beasts could not be returned to the same Edward Coveney as that precept exacted and required on him. And thereon the abovesaid Edward Coveney by his abovesaid attorney seeks here a precept of capias in witherrnam etc. And it is granted to him. Thereon it is ordered to the bailiff and minister of the court of the royal manor abovesaid that from other beasts of the abovesaid George Speere he take in withernam to the value of his beasts taken before and deliver them to the aforementioned Edward to be detained thus until the abovesaid beasts taken before are returned to the same Edward, and that he put by gage and safe pledges the aforementioned George Speere so that he be here [IMG 2045] at the next court to be held, viz., on March 23 then next following to answer both to the abovesaid John Carey knight baron of Hunsdon lord of the royal manor abovesaid concerning the abovesaid contempt and to the aforementioned Edward Coveney concerning the damages and injury inflicted on him in this part etc.

The Royal Manor of Wye. The court of John Carey knight baron of Hunsdon of his royal manor of Wye abovesaid held there on Monday, viz., March 23 in the 4^th year of the reign of our Lord James by the grace of God king of England, France, and Ireland, defender of the faith etc., and the 40^th of Scotland [March 23, 1607] before Matthew Hadde armiger then seneschal of the court of the royal manor abovesaid according to the custom of the royal manor abovesaid used and approved in the same from time whereof the memory of men runs not to the contrary.

At this court held then and there came the abovesaid Edward Coveney by his abovesaid attorney. And the bailiff and minister of this court of the royal manor abovesaid returned that the abovesaid George Speere has no beasts in his bailiwick within the royal manor abovesaid that in any way could be taken in withernam, and further that the same George Speere has no goods or chattels in his bailiwick within the liberty of the royal manor abovesaid whereby he can be attached etc.

Afterwards, scilt., on Thursday next after the Octaves of the Purification of the Blessed Mary this same term before the lord king at Westminster came the abovesaid George Speere in his proper person. And he says that in the abovesaid record and process and also in the rendering of the abovesaid judgment manifestly it was erred in this, viz.,

for this that it appears in the abovesaid record that the beasts specified in the complaint and narration abovesaid were taken and unjustly detained by the abovesaid Edward Coveney on August 28 in the abovesaid 3^rd year of the reign of the Lord James now king of England. And the complaint of the taking and unjust detention of the abovesaid beasts is recorded at the court of John Carey knight baron of Hunsdon of his royal manor of Wye abovesaid held there on the Monday, viz., August 12 in the 3^rd year abovesaid long before any cause of action by the abovesaid George Speere was given to the aforementioned Edward Coveney, which is impossible and repugnant.

Likewise, it was erred in this for this that the abovesaid complaint specified in the abovesaid record having been affirmed and the plaintiff narrated against the aforementioned defendant at the certain court held before the seneschal abovesaid according to the custom of the manor abovesaid and judgment for return of the beasts abovesaid was rendered at another court held before the same seneschal according to the custom of the court of the abovesaid manor when one and the same complaint cannot be prosecuted in divers courts held by divers customs.

Moreover, it was erred in this for this that the abovesaid judgment was rendered for the abovesaid Edward Coveney when by the law of the land it ought to have been rendered for the abovesaid George Speere.

And the same George Speere seeks a writ of the lord king to warn the abovesaid Edward Coveney to be before the said lord king to hear the record and process abovesaid. And it is granted to him etc.