The declarations and other pleadings contained in the eleven parts of the reports of Sir Edward Coke, Knight, sometime Lord Chief Justice of England and one of His Majesties Council of Estate rendred into English by W. Hughes of Grayes-Inne, Esquire, for the benefit of all students and practizers of the common law ; with a perfect table of the principal matters thereunto annexed.

Hillary Term. 8. Jacobi, Rott. 1112. William Banes Case, C. 9. part fol. 91. a.

M••morandum, That at another time, that is to say, In the Term of St. Michael last past, before the King at Westminster, cometh Willi∣am Banes, by Thomas Ferrer his Attorny, and brought here in the Court before the said Lord the King that now is, his Bill against Edward Paine, and Mary his Wife, in the Custody of the Marshal, of a Plea of Trespass upon the Case, And are Pledges of Sute, that is to say, John Doo, and Richard Roo, Which Bill followeth in these words. ss. Willam Banes complaineth of Edward Paine, and Mary his Wife, in the Custody of the Marshall of the Marshalsey of the Lord the King, before the King him∣self being, for that is to say, That whereas one William Havert, in his life time, the late Husband of the aforesaid Mary, That is to say, the first day of March, in the year of the Reign of the Lord James, that now is King of England, the 6^th. at London, that is to say, in the Parish of the blessed Mary of Bow in the Ward of Cheap London, was indebted to the said Wil∣liam Banes in 77. pounds of lawful Money of England, for divers summs of Mony to him the said William Havert by the aforesaid William Banes, give to loan and lent; And so being endebted, the said William Havert afterwards, that is to say, the 6^th. day of April, in the year of the Reign of the Lord the King that now is of England, the 7^th. at London, in the Parish and Ward aforesaid, lying sick, earnestly required the said Mary then his Wife, to pay to the said William Banes, after the death of the said William Havert, the said 77. pounds; And then and there the said William Havert made his Testament and last Will, and made and consti∣tuted the said Mary Executrix of his said last Will, & then there dyed; Af∣ter whose death, the said Mary took opon her the burthen of Execution of the Testament aforesaid; And whereas, the aforesaid Mary, after the death of the said William Havert, by colour of the last Will aforesaid, was possessed of the interest of a Term for divers years, then and yet to come, Of and in certain Gardens, and a Bowling-Ally, scituate and being in Morefield, that is to say, in the Parish of St. Leonard in Shordich, in the County of Midd. And the said Mary when she was single, perceiving that the aforesaid William Banes, intented to trouble and sue the said Ma∣ry for the aforesaid 77. pounds, (because that the said Mary, the said 77. pounds to the said William Banes, after the death of the a••oresaid William Havert her Husband deceased had not paid,) the said Mary whilest she was single, afterwards, that is to say, 25^th. day of June, in the year of the Reign of the said Lord the King that now is of Engl. the 7^th. aforesaid, At London

aforesaid, in the Parish and Ward aforesaid. In consideration that the said William Banes, at the instance and especial request of the said Mary, should not trouble, or sue the said Mary, for the said 77. pounds, but would forbear the payment thereof until the next Quarter, that is to say, until the Feast of St. Michael the Archangel then next following, Promised unto the said William Banes then and there faithfully, That she the said Mary, the aforesaid 77. pounds to the said William Banes then at that next Quarter, that is to say, at the Feast of St. Michael the Archangel, then next following the promise aforesaid, in the 7^th. year aforesaid, well and truly would pay and content, Or otherwise the said Mary, then and there would assign to the said William Banes for his security in that behalf, for the payment of the aforesaid 77. pounds. All the Interest of the Term of years, which she the said Mary then had to come of and in the Gardens, and Bowling-Ally aforesaid, if the said Mary the said 77. pounds to the said William Banes, according to her assumption and pro∣mise aforesaid had not paid. And the said William Banes further saith, That he the said William Banes giving Faith to the promise and un∣dertaking of the said Mary, did not trouble or sue the said Mary for the said 77. pounds, but did forbear the payment thereof, from the time of the promise aforesaid, until the Feast of St. Michael the Archangel, next following the promise aforesaid, in the year aforesaid; And the said William Banes further saith, That after the premises aforesaid, in form aforesaid, that is to say, the 10^th. day of November, in the 4^th year aforesaid, at London aforesaid, in the Parish and Ward aforesaid, the said Mary took to Husband the aforesaid Edward Paine: Yet the aforesaid Mary, whilest she was single, or the said Edward and Mary after the Mariage between them solemnized, the undertaking & promise of the said Mary whilest she was single little regarding, but threating, and fraudulently intending the said William Banes, of the aforesaid 77. pounds, craftily and subtil∣ly to deceive, and defraud of the said 77. pounds, nor the said Mary, whilest she her self was single to the said William Banes at the aforesaid Quarter, that is to say, at the Feast of St. Michael the Archangel next following the promise aforesaid, in the 7^th. year aforesaid, according to the promise and undertaking aforesaid, in this behalf paid, or any was for the same contented, or otherwise, then and there at that Feast did not assign to the said William Banes, All the Interest of the Term of years which she the said Mary then had to come of and in the Gardens and Bowling-Alley aforesaid, Nor the said Edward and Mary, the Mariage betwixt them being celebrated, at any time after he his the aforesaid 77. pounds, to the said William Banes, according to the promise and un∣dertaking of the said Mary aforesaid, have paid, or any wayes for the same have contented him, Or all the Interest aforesaid of the Term of years, of the said Edward and Mary, of and in the Gardens and Bowling-Ally a∣foresaid, according to the promise and undertaking of the said Mary to the said William Banes for his security in that behalf hitherto have assign∣ed, although this to do by the said William Banes, the said Mary whilest she was single, and the said Edward and Mary after the Mariage betwixt them celebrated, that is to say, the last day of September, in the year of the Reign of the said Lord the King, that now is of England, the 8^th. at London aforesaid, in the Parish and Ward aforesaid, often were required.

By which, the said William Banes, all the gain, commodity, and profit, which he with the aforesaid 77. pounds, in buying, selling, and lawfully bargaining, could have had or gained, if the said Mary her promise and undertaking aforesaid, in form aforesaid had performed, utterly lost, whereupon, the said William Banes saith, That he is the worse, and hath damage to the value of one 100. pound, And hereof bringeth sute, &c. And now, at this day, that is to say, Wednesday next after 8. dayes of St. Hillary this same Term, untill which day the said Edward and Mary had License to the Bill aforesaid to imparl, and then to Answer, &c. before the Lord the King at. VVestminster, cometh as well the aforesaid VVilliam Banes by his Attorney aforesaid, as the said Edward and Mary by Isham No∣vell their Attorney; and the said Edward and Mary, defend the force and injury when, &c. And say, That the said Mary did not take upon her in manner and form, as the aforesaid VVilliam Banes above against them hath declared, And of this put themselves upon the Countrey, and the aforesaid VVilliam Banes likewise, &c.

Therefore a Jury thereof was to come before the Lord the King at West∣minster, upon Monday next after 15. dayes of St. Hillary; and who nei∣ther, &c. Because as well, &c. The same day is given to the parties afore∣said here, &c. Afterwards the Prosess was continued between the parties aforesaid, of the Plea aforesaid, by Jurors thereof put between them, in respite before the Lord the King at Westminster untill Tuesday next, after 8. dayes of the Purification of the blessed Lady then next following, unlesse the beloved and faithful of the Lord the King, Thomas Flending Knight, Chief Justice of the Lord the King of Pleas, in the Court of the said Lord the King, before the King himself to be holden, assigned, first upon Monday next, after the aforesaid 8. dayes of Purification of the bles∣sed Lady, at the Guild-hall London, by form of the Statute, &c. cometh, for default of Jurours, &c. At which day, before the Lord the King at Westminster, cometh the aforesaid William Banes by his Attorney aforesaid, and the aforesaid Chief Justice, before whom, &c. Sent here, his Record before him had in these words. Afterwards, the day, and place with∣in conteined before the beloved and faithful of the said Lord the King, Thomas Flending Knight Chief Justice within written, associating to him∣self, William Price according to the form of the Statute, came as well the within named William Banes, as the within written Edward Paine, and Ma∣ry his wife by their Attorneys within written, and the Jurours of the Ju∣ry, whereof within is made mention likewise came; and to speak the truth of the matter within conteined, elected, tryed, and sworn; say upon his Oath, That the within named, Mary took upon her in manner and form, as the within written, William Banes within against them hath declared, and they assesse the damages of the said William, by occasion of not performing the promise, and undertakings within written, besides the Charges and Costs by him about his sute in his behalf expended to 80. pounds, and for his charges and costs, to 53. shillings, and 4. pence. Therefore it is granted, That the aforesaid William Banes, shall recover a∣gainst the said Edward Paine, and Mary his wife, the damages aforesaid, in form aforesaid assessed, as also 5. pounds, 6. shillings, 8. pence for his char∣ges and costs aforesaid, to the said William, by the Court of the said Lord the King here with his assert, of encrease adjudged. Which damages in

the whole, do amount to 88. pound; and the said Edward Paine, and Ma∣ry his wife in mercy, &c.