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Cozenage alleged in the Scire Facias.

ANd hereupon the aforesaid W. L. saith, that he is Cozen and heir of the aforesaid M. to wit, son of I. of the son of I. of the son of him the said M. begotten and born at T. in the County of N. between I. L. of T. heretofore husband of the aforesaid M. and her the said M. after the spousall between them there celebra∣ted, and prayeth against the aforesaid W. and A. execution, &c: And the aforesaid W. and A. know not any the matters in the Writ afore∣said, by the aforesaid W. L. before alleged and contained, and by protesting, that they as to the begetting and Nativity of the aforesaid I. son of M. so suspected in Maner and form above alleged by necessity have not, nor by the Law of the Land are held to answer, prote∣sting also, that the aforesaid M. being the first, took to her husband one I. L. of M.

which said I. and M. had issue between them one I. and the same I. afterward died without Heir-Male of his body, and the body of the a∣foresaid M. begotten, for Plea saith, that the aforesaid W. as Cozen and Heir of the aforesaid M. execution of the aforesaid Manor of W. with the appurenances, whereof, &c. by virtue of the Fine aforesaid against ••them ought not to have, for that he saith, that long after the death of the aforesaid I. L. of M. and before any spou∣sall between the aforesaid I. L. of T. & M. had or celebrated, as well I. of H. the aforesaid M. to his wife, as M. him the aforesaid I. to her husband taking, at C. in the County of S. together were betrothed, & there after banes between them in the Church, &c. on three holy dayes from them∣selves distant solemnly proclaimed, the spousall was between them the said I. of H. and M. in the face of the same Church celebrated, and they there in Matrimony being lawfully cou∣pled, and within the spousall all the life time of him the said I. of H. there continued, and be∣fore any spousall between the aforesaid I. L. of T. and M. had or celebrated, the aforesaid I. of H. and M. had issue between them, one N. at C. aforesaid begotten and born, and the Fine afore∣said in form aforesaid did levy, and the afore∣said A. which was the wife of W. afterwards died, after whose death the aforesaid I. of H. and M. were seised of the aforesaid Manor of W. with the appurtenances in their demeasne, as of Fee tail, Fee and right simple in the person of her the said M. quiescing, by virtue of the Fine aforesaid, and of such state thereof they dyed seised, and from them the said I. of H. and M.

did descend the same Manor of W. with the appurtenances to the same N. as son and Heir of them the said I. and M. which said N. into that Manor, with the appurtenances entred, and thereof was seised in his demeasne, as of Fee taile, Fee and right simple thereof in the person of him the said N. as son and Heir of her the said M. quiescing, by the form of the Fine afore∣said, and had issue one H. at C. aforesaid begot∣ten, and died, and from him the said N. de∣scended the aforesaid Manor of W. with the ap∣purtenances, whereof, &c. to the same H. as son and heir of the same N. which said H. into that Manor, with the appurtenances entred, and was thereof seised in his demeasne as of Fee tail, Fee and right simple thereof in the person of him the said H. quiescing by the form of the Fine aforesaid, and thus thereof being seised, he enfeoffed I. and E. &c. of the same Manor with the appurtenances, To have to them and their heirs for ever, by virtue of which, &c. in Fee, whereof one I, &c. the estate of the aforesaid W. and A. now they have in the same Ma∣nor, &c. and this, &c. whereupon he prayeth Judgement, if the aforesaid W. L. execution of the same Manor of W. with the appurtenances, by virtue of the Fine aforesaid against them, he ought to have, &c. And the aforesaid W. L: knoweth not any the things by the aforesaid W. and A. before alleged to be true, but ra∣ther false and imagined, and protesting also, that the begetting and Nativity of the aforesaid I. L. son of M. by him the said W. L. in his said Declaration of consanguinity, by what means he is Cozen and Heir of him the said M. are con∣tained,

and were truly and lawfully, and not suspectively alledged, as by divers Records, as well in Chancery, before the Chancellor, and in the Exchequer, before the Barons, as in the Trea∣sury of the Soveraign Lord the King, among the Records of Pleas of Arms, before the late Constable of England holden, residing also both by very many evidences, muniments, true, just, and sufficient, and for such in the Law appro∣ved, and confirmed fully appeareth; For Plea saith, that he from having execution of the said Manor of W. with the appurtenances, by vir∣tue of the Fine aforesaid, for any the matters by the aforesaid W. and A. thereof before alledged, ought not to be excluded, for that he saith, That the aforesaid I. L. of M. and the aforesaid I. L. of T. were one and the same person, and not divers persons, and that the same I. all his life time, as well by the name of I. L. of T. as by the name of I. L. of M. was named and known, and that the said marriage, between the aforesaid I. L. of T. and M. (they comming first together, as in that before by right, they were canonically required) at the aforesaid Town of T. in the face of the parish Church of the same Town, was solemnly celebrated, within which spousall, the same I. L. and M. had issue between themselves, the aforesaid I. L. son and Heir of the aforesaid M. there begotten and born, in form wherein the aforesaid I. L. by the said Declaration, the consanguinity aforesaid it is supposed, which said marriage between them the said I. L. and T. M. thus celebrated, there was continued all the life time of the same I. and after the death of the same I. the aforesaid

M. took to husband the aforesaid I. of H. with∣out this that the aforesaid betrothings, between the aforesaid I. of H and M. by the aforesaid W. and A. before alledged, were had or celebrated before the said spousall, between the aforesaid I. L. of T. and M. celebrated, as the same W. and A. above alledged, and this, &c. whereof he demandeth Judgement, if execution, &c. And the aforesaid W. and A. say, that the aforesaid espousals between the aforesaid I. of H. and M. by the aforesaid W. and A. before alledged, were had and celebrated before the said espousals, between the aforesaid I. L. of T. and M. celebrated, in form wherein the same W. and A. above have alledged, And of this they put, &c. And the aforesaid W. likewise, There∣fore it is commanded, as well to the Sheriff of N. as to the Sheriff of S. that, &c.

* 1.1And the aforesaid P. saith, That the aforesaid W. execution against him ought not to have, be∣cause he saith that, where the aforesaid W. by his Writ aforesaid supposeth, and affirmeth, that he was son and Heir of the aforesaid T. the same W. was born out of all espousals, and this he is ready to verifie, whereof he demandeth Judgement, whether the aforesaid W. as son and Heir of the aforesaid T. or of any other whomsoever, &c. against him ought to have, &c. And the aforesaid W. saith, that the aforesaid T. his Father, did to himself espouse A. his wife by name, of whom he was born within the espousals between them the said T. and A. ce∣lebrated, and this he is ready to verifie, where∣of he prayeth Judgement, whether, &c. And execution to him to be adjudged, &c. And the

aforesaid P. saith as before, that the aforesaid W. was born out of all manner of wedlock, and not within wedlock aforesaid, as the aforesaid W. above alledged. And of this he putteth himself upon the Countrey. And the aforesaid W. likewise. Therefore, &c.

* 1.2And the aforesaid I. P. and A. acknowledge not that they who were parties to the Fine aforesaid, nor any of them ever had, or have had any thing in the tenements, and advowson in the aforesaid Fine contained, and say, that the aforesaid E. as son and Heir of the aforesaid W. execution of the tenements, and advowson against them ought to have, because they say, that the same W. took to wife one M. which said M. was espoused to the same W. at E. in the County of S. and there the espousals between them were celebrated, and say, that the s••me E. was born at C. in the County of S. be••ore marriage. And this they are ready to verifie by the Countrey, of the aforesaid County of S. and as the Court here shall consider; whereof they pray Judgement if the same E. execution of the tenements, and Advowson aforesaid, as son and Heir of the aforesaid E. in this behalf against them, ought to have, &c. And the aforesaid E. acknowledgeth not any the things by the aforesaid I. P. and A. above alledged, and saith, that he for any the matters before alledged from execution of the tenements, and advow∣son aforesaid, by virtue of the Fine aforesaid, ought not to be barred, or repelled, for that he saith, that the aforesaid W. his Father took to wife the aforesaid M. to wit, at M. in the said County of E. and there the espousals between

them in a lawfull manner, and according to the Ecclesiasticall Court, were celebrated, and saith, that hethere within the espousals between them the said W. & M. celebrated, was born and begot∣ten, and this, &c. by the Countrey of the afore∣said County of E. and as the Court here shall consider, whereof he prayeth Judgement and Execution, &c. and the aforesaid, I. P. &c: say, that the aforesaid E. was born at C. in the aforesaid County of S. before the spousall, be∣tween the aforesaid W. and M. celebrated; and this as before he was ready to verifie by the Countrey, and as the Court here shall consi∣der, &c. And the aforesaid E. saith, that he was born, and was begotten within the espousal be∣tween the aforesaid W. and M. celebrated, to wit, at M. in the aforesaid County of E. and this as before he is ready to verifie by the Countrey of the aforesaid County of E. and according as the Court here shall consider, and because it seemeth to our Court here that the issue of the Plea aforesaid, by men of both the Counties aforesaid ought to be tryed; therfore it is com∣manded to both Sheriffs of the Counties afore∣said, * 1.3 that both of them cause to come here (ta∣li die) twelve, &c. by whom, &c.

Notes

• * 1.1

  Bar that the de∣mandant was born out of the espousall.
• * 1.2

  Born before marriage.
• * 1.3

  Triall.