OF CASE S ARGUED and ADJUDGED in the COURTS of KING'S BENCH AND COMMON PLEAS, In the REIGNS of 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. PLEADINGS то CASE S In LORD RAYMOND'S REPORTS. Pleas before the Lord the King at West- West, 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 came a mandamus. 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 custody 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 Marshalfea 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. B been, 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 laft paft 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 Eland, &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 abovefaid, 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 Fobn 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: neverthelels 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 Wel, to the no fmall damage and grievance of him the faid Samuel Weft: and thereupon the faid Samuel Weft for the more fpeedy 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) 2. a certain |