The late King William, Queen Anne, King George the First, Taken and collected By the Right Honourable ROBERT Lord RAYMOND, VOL. III. CONTAINING THE ENTRIES OF PLEADINGS TO THE CASES Published by GEORGE WILSON, Efq; Serjeant at Law. DUBLIN: PRINTED FOR E. LYNCH, G. BURNET, P. WOGAN, P. BYRNE, J. EXSHAW, H. WATTS, AND J. RICE, M.DCC.XCII. PLEAD то CASES In LORD RAYMOND'S REPORTS. Pleas before the Lord the King at Weft- Welt, Mayor of Banbury, against West. Ld. Middlefex, (to wit) B E it remembered that heretofore, to wit, in Declaration for the term of the Holy Trinity laft paft be- a falfe return of fore the lord the king at Westminster cane a mandamas, Samuel Weft, 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 Weft in the cuftody of the marshal, &c. in a plea of trefpafs upon the cafe; and there are pledges of profecuting, to wit, John Doe and Richard Roe; which faid bill follows in thefe words, to wit, Middlefex, to wit, Samuel Weft, gentleman, mayor of the borough of Banbury in the county of Oxford, complains of John Weft in the cuftody of the marfhal of the Marfbalfea 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 aforefaid 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 enfigns of magiftracy 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 alfo whereas the faid Samuel Weft lately before the feaft 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 aforefaid was duly elected, and on the fame feaft of Saint Michael the archangel was duly fworn and admitted into the place and office of mayor of the borough of Banbury aforefaid 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 reafon thereof, the charters, books, records, muniments and enfigns of magiftracy of the borough aforefaid belong and appertain to the faid Samuel Weft, and ought to be, and remain in his cuftody 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 enfigns of magiftracy of the borough of Banbury aforefaid, which belong and appertain to the place and office of mayor of the fame borough, were and yet are in the cuftody and poffeffion of the faid John Weft at Banbury aforefaid in the county of Oxford aforefaid, and the faid Samuel Weft on the faid thirtieth day of September in the eleventh year aforefaid there requested the faid John Weft to deliver the faid charters, books, records, muniments and enfigns of magiftracy of the borough of Banbury aforefaid to the faid Samuel Weft: nevertheless the faid John Weft then and there and often afterwards unduly, unrighteously and unjustly and injuriously refused to deliver thofe charters, books, records, muniments and enfigns of magiftracy to the faid Samuel Weft, to the no finall damage and grievance of him the faid Samuel West: and thereupon the faid Samuel Weft for the more speedy obtaining the faid charters, books, records, muniments, and enfigns of magiftracy of the borough of Banbury aforefaid afterwards, to wit, on the feventeenth day of April in the term of Eafter in the twelfth year of the reign of the lord the now king, obtained and profecuted from the court of the faid lord the king before the king himself (the fame court being then at Westminster in the county of Middlefex) a certain ་ mandamus a certain writ of the faid lord the king of pluries mandamus directed to the aforefaid John Weft, by which faid writ reciting, that whereas there were then lately delivered The writ of into, and then remained in the cuftody of the faid John Weft divers charters, books, records, muniments and enfigns of magiftracy belonging and appertaining to the borough of Banbury aforefaid in the faid county of Oxford, which ought to be delivered to the faid Samuel Weft for the use and benefit of the fame borough; and the faid Samuel, then mayor of the borough aforefaid, often demanded of the faid John Weft the aforefaid charters, books, records, muniments and enfigns of magiftracy belonging and apper taining to the borough aforefaid for the ufe and benefit of the faid borough; and the faid John Weft well knowing but little regarding the premiffes, unjustly detained the faid charters, books, records, muniments and enfigns of magiftracy belonging to the faid borough in his cuftody and power, and hath unjustly refused to deliver the fame charters, books, records, muniments and enfigns of magiftracy aforefaid to the faid Samuel, in contempt of the faid lord the king, and to the no fmall damage and grievance of him the faid Samuel, and to the manifeft injury of his ftate, as by his complaint the faid lord the king hath received information; therefore the faid lord the king willing that due and fpeedy juftice fhould be done in that behalf to the aforefaid Samuel, as was juft, commanded the faid John Weft, as he had feveral times commanded him, firmly enjoining him that immediately after the receipt of that writ he fhould deliver or caufe to be delivered all and fingular the charters, books, records, muniments and enfigns of magiftracy belonging to the borough aforefaid, and being in his cuftody, to the faid Samuel Weft for the ufe and benefit of the fame borough, or fhould fignify to the faid lord the king cause to the contrary, left through the default of the faid John Weft complaint fhould again come to him the faid lord the king; and in what manner the faid John Weft fhould execute that command of the faid lord the king he fhould make to appear to the faid lord the king at Westminster on Friday next after three weeks of Eafter then next following, under the penalty of eighty pounds, (remitting the faid writ of the faid lord the king to him); which faid writ afterwards and before the return thereof, to wit, on the 19th day of April in the faid twelfth year of the reign of the faid lord the now king was delivered to the faid John Weft to be executed in form of law, to wit, at Westminster aforefaid in the faid county of Middle B 2 |