1

be done, they declare upon their oaths, that the said (defendants) are thereof guilty, as the said plaintiff hath above thereof complained against them; and they assess the damages of him the said plaintiff, occasioned by the said trespass and ejectment, besides his costs, &c. to ten shillings; and for those costs and charges to twenty marks; and as to the residue of the trespass and ejectment aforesaid, in the residue of the tenements aforesaid, with the appurtenances, above supposed to be done, the jurors aforesaid do farther declare, upon their said oath, that the defendant is in no wise guilty thereof, as the said defendants have above alledged; therefore it is adjudged, that the said plaintiff do recover against the said defendants her term aforesaid yet to come, of and in the said ten acres of land, and eighty-four acres of wood, with the appurtenances, in W. aforesaid, wherein the said defendants are by the jurors aforesaid above found to be guilty of the trespass and ejectment aforesaid; and his damages aforesaid, assessed by the jurors aforesaid, in the manner aforesaid; and also twenty-one pounds three shillings and four pence, at his request, &c. which said damages in the whole do amount to -7. And be the said defendants taken, &c. And be the said plaintiff amerced for his false plaint against the said defendants, for the residue of the trespass and ejectment aforesaid, whereof the said defendants are above acquitted by the said jurors. And the said defendants may go thereof, without day, for ever dismissed, &c. And hereupon the plaintiff prayeth a writ, &c. and it is granted to him, returnable here on the morrow of the Holy Trinity, &c.: at which day the said plaintiff comes here by his attorney aforesaid, and the sheriff, that is to say, M. W. knight and baronet, now returneth, that be, by virtue of the writ aforesaid to him directed, did, on the eleventh day of June last past, cause the said plaintiff to have his possession of his term aforesaid, of and in the tenements aforesaid, with the appurtenances, yet unexpired, as by the writ aforesaid he was commanded, &c.

Judgment by nil dicit.

AND the said defendant, by A. B. his attorney, comes 2 T. Jud. 117.

and defends the force and injury, &c. and hereupon

the said plaintiff prays that the said defendant may answer to the said declaration; and the said defendant says nothing thereto in bar, or to preclude the said plaintiff from his action, but makes default; whereby the said plaintiff remains against the said defendant undefended: wherefore it is considered, that the said plaintiff do recover against the said defendant his possession of the said term yet to come, of and in the said tenements, with the appurtenances,

and

2 T. Jud. 116.

and his damages occasioned by the trespass and ejectment aforesaid: but because it is unknown what damages the plaintiff hath sustained by reason of the trespass and ejectment aforesaid, the sheriff is commanded, that, by the oath of twelve honest and lawful men of his bailiwick, he diligently inquire what damages the plaintiff hath sustained, as well by reason of the said trespass and ejectment, as for his costs and expences laid out by him about his suit in that behalf; and that he cause an inquisition which he shall take, &c. to be made apparent to our sovereign lord the king at Westminster, in three weeks from the day of Saint Michael, under the seal, &c. and the seals, &c.: the same day is given to the said plaintiff. And thereupon the said plaintiff prays his majesty's writ of possession, &c. (as hereafter.)

AN

Judgment by non sum informatus.

ND the said C. by B. T. his attorney, comes and defends the force, injury, and damages, and whatever else he ought to defend, where and when the Court will consider thereof; and hereupon the said A. prays that the said C. may make answer to his said declaration : upon which the said C. says, that he is not instructed by his client, the said C. to give any answer to the above complaint of the said A. nor says he any thing in bar, or to preclude the said A. from his said action; whereby the said A. remains against the said C. undefended therein: for which reason it is considered, that the said A. do recover against the said C. his possession of the said term yet to come, of and in the said tenements, with the appurtenances, and his damages occasioned by the said trespass and ejectment: but because it is unknown what damages the said A. hath sustained by reason of the said trespass and ejectment, the sheriff is commanded, that he diligently inquire, by the oaths of twelve honest and lawful men of his bailiwick, what damages the said A. hath sustained, as well by reason of the said trespass and ejectment, as for his expences and costs laid out by him about his suit in that behalf; and that the sheriff cause the inquisition which he shall take thereon to be before our sovereign lord the king [if by original, on a general return day; if by bill, on a day certain], under his seal, and the seals of those by whose oaths he shall take such inquisition: the same day is given to the said A. to be here, before our sovereign lord the king. And thereupon the said A. prays a writ of our said sovereign lord the king, to be directed to the sheriff of the said county, to cause him to have the possession of his said term of and in the said tenements, with

the

the appurtenances, yet to come; and it is granted to him, returnable here at the time aforesaid, &c.

A judgment by non sum informatus, with a remittitur

damna.

AND the said Matthew Dimmock, by John Lilly his attorney, comes and defends the force, injury, and damages, and whatever else he ought to defend, where and when the Court will consider thereof; and hereupon the said Jumes Hicks prays, that the said Matthew may make answer to his said declaration; upon which the said attorney, for the said Matthew, saith, he is not instructed by the said Matthew his client to give any answer to the said complaint of the said James, nor says any thing in bar, or to preclude the said James from his said action, whereby the said James remains against the said Matthew undefended therein: therefore it is considered, that the said James do recover his said term of and in the said tenements, with the appurtenances, against the said Matthew, and his damages occasioned by the said trespass and ejectment, to be awarded to him, &c. And the said James, of his own accord, remits and releases to the said Matthew all such damages so awarded to him; therefore the said Matthew is acquitted of all such damages. And the said James prays a writ of our said sovereign lord the king, to be directed to the sheriff of the said county, to cause him to have the possession of his said term yet unexpired, of and in the said tenements, with the appurtenances; and it is granted to him, returnable before our said sovereign lord the king [if by bill, on a day certain; if by original, on a general return day, wheresoever he shall then be in England]: the same day is given to the said James to be here, &c.

AT

Judgment by relictâ verificatione.

T which day came here the parties aforesaid, &c. And 2 T. Jud. 120. hereupon the defendant doth relinquish his averment aforesaid, &c. (as in other actions); nor but that he is guilty of the trespass and ejectment aforesaid, as the said plaintiff bath above complained against him; therefore it is considered, that the said plaintiff do recover against the said defendant his term aforesaid, of and in the tenements aforesaid, with the appurtenances, yet unexpired; and his damages occasioned by the trespass and ejectment aforesaid: but because it is unknown what damages, &c. under the seal, &c. and the seals, &c.

Judgment

2 T. Jud. 119, THE

120.

Judgment for the plaintiff for part.

HEREFORE it is considered, that the said plaintiff do recover against the said defendant his term afore said, of and in the said two hundred and sixty acres of wood, with the appurtenances; forasmuch as the said defendant is, by the jurors aforesaid, above found to be guilty of the trespass and ejectment aforesaid; and his damages aforesaid, assessed by the said jurors to forty-one shillings, &c. and also six shillings, awarded by this court to the said plaintiff at his request, &c. which said damages in the whole amount to eight pounds twelve shillings; and be the said defendant taken, &c. And be the said plaintiff amerced for his false complaint against the said defendant, for the residue of the trespass and ejectment aforesaid, whereof the said defendant is above acquitted by the jurors aforesaid; and the said defendant may go hence thereof for ever dismissed, &c. And hereupon the said plaintiff prayeth a writ of our sovereign lord the now king, to be directed to the sheriff of the county, to cause him to have his possession of his term aforesaid yet unexpired, of and in the said two hundred and sixty acres of wood, with the appurtenances, and it is granted to him, returnable here in eight days of Saint Hilary, &c.

Similar judgment; with a remittitur damna.

AFTERWARDS the process being continued between the parties aforesaid, in the said action, the jurors were therefore respited between them here until this day, that is to say, in fifteen days from the Feast of Easter, in the sixth year of the reign of our sovereign lord the king; unless, &c. And now, &c. afterwards, &c. And hereupon the said P. here in court, freely remits to the said R. R. and A. the said sixpence for the damages aforesaid, assessed by the said jurors in the manner aforesaid; and also the increase of the same to be awarded to him; therefore it is considered that the said P. do recover against the said R. R. and A. his term aforesaid, of and in the tenements aforesaid, with the appurtenances, yet unexpired; forasmuch as by the jurors aforesaid, the said R. R. and A. are above found to be guilty of the trespass and ejectment aforesaid: and it is also considered that the said P. do recover against the said R. R. and A. the said fiftythree shillings and four pence, assessed by the said jurors in the manner aforesaid; and also seven pounds six shillings and eight pence, awarded by this court to the said P. at his request, &c. which said costs and damages in the whole do amount to ten pounds: and be the said R. R. and A. taken, &c. and be the said P. amerced for his false

complaint

complaint against the said R. R. and A. of the residue of the trespass and ejectment aforesaid, whereof the said R. R. and A. respectively are acquitted by the said jurors. And the said R. R. and A. of the residue of the trespass and ejectment aforesaid, and of the said sixpence for the damages aforesaid, assessed by jurors in the manor aforesaid, may go hence, thereof for ever dismissed, &c. And hereupon, &c.

Judgment against several defendants, of several parcels of land; and several damages found, and costs against all.

AT

T which day the jurors, &c. Afterwards, &c. There- 2 T. Jud. 120, fore it is considered that the said plaintiff do recover 122. against the said T. B. his term aforesaid, yet unexpired, of Jud. 76. and in one messuage, eight acres of meadow and seven acres of pasture, with the appurtenances (wherein the said defendants are by the said jurors above found to be guilty of the trespass and ejectment aforesaid); and his damages occasioned by that trespass and ejectment, done to the said plaintiff by the said T. in the manner aforesaid; besides his costs and charges aforesaid, assessed by the jurors aforesaid to two pence in the manner aforesaid: and against the said I. his term aforesaid, yet unexpired, of and in the said one cottage, with the appurtenances (wherein the said I. is by the said jurors above found to be guilty of the trespass and ejectment aforesaid); and his damages occasioned by that trespass and ejectment done to the said plaintiff, by the said I, in the manner aforesaid; besides his costs and charges aforesaid, assessed by the jurors aforesaid to two pence in the manner aforesaid: [and so against the rest of the defendants, where there are several ejectors.] And it is also considered that the said plaintiff do recover against the said T. and I. his damages, costs and charges by him, &c. likewise assessed to the said forty shillings, in the manner aforesaid; and also eight pounds adjudged to the said plaintiff at his request for his costs, &c. which said damages, costs and charges, besides the several damages aforesaid, in the whole amount to ten pounds. And that the said T. and I. be taken, &c. And be the said plaintiff amerced for his false plaint against the said T. and I. of the residue of the trespass and ejectment aforesaid, whereof the said T. &c. are by the jurors aforesaid above acquitted, and the said T. and I. &c. may depart the court here, therefrom for ever dismissed. And hereupon the said plaintiff prayeth a writ of our sovereign lord the king, to be directed to the sheriff, &e.

Judgment