G. T. An Action of Debt brought by an Executor for an Annuity granted to his Testator out of a Mannor . lately of N. in the County of H. Esq. was summoned to answer Thomas Mallet , and Isabel his wife , Executrix of the Testament of Y. R. Gentleman , servant of H. D. Knight , Lord D. otherwise called , &c. of a Plea , that he render to them eight pounds which he unjustly detains from them : And whereupon the said T. M. and J. his wife , by J. T. their Attorney say , That whereas one H. D. Lord D. ( such a day and year ) at T. by his certain Writing , which they the said T. M. and J. with the Seal of him the said H. signed , the date whereof is the same day and year , here produceth in the Court , &c. did give and grant to the aforesaid T. R. in his life-time , by the name of his welbeloved and faithfull servant T. R. Gentleman , for his good service before that time done , a certain annuity or annuall Rent of eight pounds , issuing out of his Mannor of T. with the Appurtenances in the County of C. to have and receive the aforesaid annuity or annuall Rent of eight pounds , to him the said T. R. and his Assignes , for the term of his life , at the four principall Terms of the year , that is to say , at the Feasts of the Birth of our Lord , the Annunciation of the blessed Virgin Mary , the Nativity of Saint John Baptist , and Saint Michael the Arch-Angell , Angel by equall portions to be paid , and if it should happen the aforesaid annuall Rent of eight pounds , to be behind in part or in whole , by one month next after any Feast of the Feasts aforesaid , wherein as aforesaid it ought to be paid , and unpaid , that then it should be lawfull for the said T. R. and his Assignes into the aforesaid Mannor , and into all his Lands and Tenements , with the Appurtenances in T. aforesaid , to enter and distrain , and the Distresses so there taken , lawfully to drive and carry away , and retain in their hands , untill the aforesaid T. R. or his Assignes , of the aforesaid Annuity or annuall Rent of eight pounds , so being behind , together with the Arrearages of the same ( if any such should be ) were fully satisfied and paid . Of which said Annuity or annuall Rent of eight pounds , in form aforesaid to be recieved , the aforesaid H. D. did put the aforesaid T. R. into full possession by the payment of twelve pence sterling , Scisin of the Annuity . which to him the said T. upon the making and sealing of the aforesaid Writing , he did deliver in part of payment of the same Annuity or annuall Rent , as by the said Writing may more fully appear : By vertue of which said Gift and Grant , the aforesaid T. R. was of the Annuity or annuall Rent aforesaid seized in his Demesne as of Freehold , after which the aforesaid H. of the Mannor aforesaid , with the Appurtenances , did enfeoff one I. T. Esquire , Father of the aforesaid G. whose Heir the aforesaid G. is , to have to the aforesaid I. T. and his Heirs for ever ; By vertue of which Feoffment , the said I. Feoffment of the Mannor to the Defendants Father . was of the Mannor aforesaid , with the Appurtenances seized in his Demesne as of Fee ; and being so seized , he the said J. of such his Estate of , and in the Mannor aforesaid , with the Appurtenances , dyed seized : After whose death the same Mannor , with the Appurtenances , Descent thereof to the Defendant . descended to the aforesaid G. as Sonne and Heire of the aforesaid I. T. By which the aforesaid G. into the Mannor aforesaid , with the Appurtenances did enter , and was , and yet is thereof seized in his Demesne as of Fee ; and being so thereof seized , the aforesaid T. R. afterwards , to wit , the twelfth day of , &c. at G. in the County aforesaid , in like manner dyed : Death of the Grantor . And the aforesaid eight pounds of the Arrearages of the Annuity or annuall Rent aforesaid , for one whole year , ending at the Feast of Saint Michael the Arch-Angel , next before the said twelfth day of , &c. to the aforesaid T. R. in his life-time were behind unpaid ; and the said T. M. and I. say , that at the Parliament of Henry 8. begun , Act of Parliament of 31 H. 8. which gives the Action to Executors . and held at Westminster the twelfth day of April , in the one and thirtieth year of his Reign , and there held and continued by divers Prorogations , untill the four and twentieth day of July , in the two and thirtieth year of his Reign , for that by the rule of common Law , Executors or Administrators of Tenants in Fee-simple , Tenants in Fee-tail , and Tenants for term of life , for their Rent-services , Rent-charges , Rent-secks , and Fee-farms , had no remedy to receive such Arrearages of the aforesaid Rents , or Fee-farms as were due to their Testators in their life times , neither whilst the Heirs of such Testators , nor any person having the Reversion of his Estate , could after his decease distrain , or have any legall Action , to levy any such Arrearages of Rents or Fee-farms to the Testator due in his life time , by reason whereof , the Tenants of the Demesnes of such Lands , Tenements , or Hereditaments , out of which such Rents were due and payable , which of right ought to pay their Rents and Farms at such dayes and Terms , at which such Arrearages in their proper hands were due , so that the Executors or Administrators of such persons , unto whom such Rents and Fee-farms were due , could not have or obtain such Arrearages of them towards the payment of the Debts , and performance of the Will of such Testator : For remedy whereof , amongst other things , it was established , ordained , and enacted by authority of the said Parliament , that the Executors and Administrators of every such Person or Persons , unto whom any such Rents or Fee-farms , that then were , or should be due , and unpaid at the time of their death , should and might have an Action of Debt for all such Arrearages , against the Tenant or Tenants , which ought to have paid the said Rents or Fee-farms so being in Arrear , in the life time of the Testator , or against the Executors or Administrators of such Tenants : And in like manner it was further enacted by Authority aforesaid , that if any Person or Persons , which then had , or then after should have any Rent or Fee-farmes , for term of life , or lives , of any Person or Persons , and the said Rent or Fee-farmes which then were , or thenceforth should be due , behind , and unpaid , in the life of such Person or Persons , by whose life or lives the state of the said Rent or Fee-farmes did depend or continue ; and after such Person or Persons dyed , then he to whom such Rent or Fee-farmes were due in form aforesaid , his Executors and Administrators might , or should have Action of Debt against the Tenant of the Demesne , who ought to have paid the same when it was first due , and against his Executors and Administrators , as in the said Act more fully is contained , by which the Action accrued after the death of the aforesaid T. R. to her the said Isabel whilst she was sole , and also to the said T. and I. after Espousalls , between them celebrated , Against the Tenant of the Demesnes of the Mannor . to require and have of the aforesaid G. as of the Tenant of the Demesne of the aforesaid Mannor , with the Appurtenances , by vertue of the said Act of Parliament , the aforesaid eight pounds , yet the aforesaid G. although often required the aforesaid eight pounds to the aforesaid T. R. in his life time , or to the said I. after the death of the said T. whilst she was sole , or to the said T. M. and I. after the Espousals betwixt them celebrated , hath not rendred , but it to render to them hath denyed , and the same to the said T. and I. to render doth yet deny , and unjustly detains , whereupon they say they are damnified , and have damage to the value of twenty Marks , and thereupon they bring their suit , &c. And they bring into Court , the Letters testamentarie of the aforesaid T. R. by which it sufficiently appears to the Court here , the said J. to be Executrix of the Testament aforesaid , and thereof to have Administration , &c.

And the aforesaid G. by N. R. his Attorney , The Defendant pleads that he detains not the Rent . cometh and defendeth the force and injury , when , &c. and saith , That he doth not detain from the aforesaid T. and J. the aforesaid eight pounds , nor any peny thereof , in form wherein the said T. and J. have above against him declared : And of this he puts himself upon the Country , and the aforesaid T. and J. in like manner ; Therefore command is given to the Sheriff , that he cause to come , twelve , &c.

T. G. lately of &c. and E. his wife , otherwise called E. &c. Westmerland ss . Debt for annuity against the husband and wife by the grant of the wife , Mic 18 , & 19. Eliz . Rot . 926 was summoned to answer R. B. of a Plea , that they render him twenty pounds which are arrear unto him , of the yearly rent of ten pounds which they owe him , &c. And whereupon the same R. by N. E. his Attorney says , That whereas the aforesaid E. whilest she was sole , ( such a day , year , and place ) by her certain Writing , which he the said R. with the Seal of the aforesaid E. signed here , brings into Court , whose date is the same day and year , for divers good causes and considerations , her the said E. moving , did grant unto him the said R. the aforesaid yearly rent of ten pounds , to hold , and yearly to receive the aforesaid annuall rent to him the said R. immediatly after the death of one R. P. for and during the life of the aforesaid E. from thence yearly at the Feast of Pentecost and Saint Martin in the Winter ; by equall portions to be paid , as in the same writing more fully is contained : And he the said R. B. says , That the aforesaid R. P. afterwards , that is to say ( Such a day , year , and place ) in the County aforesaid died , yet the aforesaid T. and E. the aforesaid annuall rent of ten pounds for two years , next before the day of the issuing forth of the originall Writ , of him the said R. B. to wit ( such a day and year ) have withholden , and the same to him to render have denied , and as yet deny ; whereupon he saith , he is damnified , and hath damage , to the value of twentie pounds , and thereupon he brings his suit , &c.

And the aforesaid T. and E. by R. L. their Attorney , Judgement by Not informed , &c. come and defend the force and inujury , when , &c. And the same Attorney says , That he is not informed by them the said T. and E. his Clients , of any answer , &c. And nothing , &c. by which , &c. Therefore it is considered , that the aforesaid R. recover against the aforesaid T. and E. the annuall rent aforesaid , and the arrearages of the same , as well before the issuing forth of the originall Writ of him the said R. as after incurred , which in the whole , amount unto thirty pounds , as also his damages , by reason of the withholding of the same yearly rent , unto twenty shillings , to him the said R. of his assent by the Court here adjudged : And the aforesaid T. and E. in mercy , &c.

G. S. &c. For rent behind upon an annuity granted for Counsell . to answer H. A. Esquire of a Plea , that he render unto him eleven pounds which are behinde to him of a yearly rent of fourty shillings , which to him they owe , &c. And whereupon , &c. he saith , That whereas the said Defendant ( such a day and year ) at T. by their certain Writing , which the same Plaintiff with the seals of the aforesaid Defendants assigned , here in Court produceth , the date whereof is the same day and year , for , and in consideration of the Counsell of him the said Plaintiff before had , and to them given , and from thence to be had and given to them , and either of them , upon reasonable request , by them the aforesaid Defendants , or either of them , at all times , and from time to time , during the naturall life of him the said Plaintiff , and of the said Defendants , and either of them , in their , or either of their businesses , as cause should require to be done , have given and granted to the said Plaintiff , the aforesaid annuity of fourty shillings , to have and receive to the said Plaintiff and his Assignes , for and during the naturall life of him the said Plaintiff , if the aforesaid Defendants , or either of them should so long live , to be paid to the said Plaintiff at the then dwelling house of the aforesaid Plaintiff in L. in the County aforesaid , upon the Feasts , &c. by equall portions , as by the same Writing more fully appeareth : The aforesaid Defendants have with-drawn from the said Plaintiff the aforesaid yearly rent for five years , and a half of one year , which ended at the Feast of Saint John the Baptist next before the day of the issuing forth of the originall Writ of him the said Plaintiff , ( that is to say ) such a day and year , and have denied to render to him the same , and yet do deny , whereupon , &c.

And the said Defendants come , The Defendant asked Coansell of the Plaintiff , and the refused to give it . &c. when , &c. and say , That the said Plaintiff ought not to have or maintain his Action , &c. Because they say , That the annuall rent aforesaid , was granted to the aforesaid Plaintiff , for his good counsell to them the aforesaid Defendants bestowed , and afterwards to be bestowed , as the aforesaid Plaintiff hath above alledged : And the said Defendants further say , That at the time of the Grant of the annuall rent aforesaid , the aforesaid Plaintiff was a man learned in the Common Law of this Nation : And that the said Defendants , for the counsell of the said Plaintiff in that Law before bestowed , and from thence afterwards to be bestowed , made that Writing to the said Plaintiff , and that the aforesaid Defendants ( such a day and year ) at W. in the County aforesaid , did request the aforesaid Plaintiff to give to the said Defendants his counsell in the Law , for defence of a certain Action of Ejectment of Farm , against them the said Defendants at the suit of one B. W. in the Court of the said Keepers , at the Pleas before them the said Keepers at Westminster , in the County of Middlesex , then prosecuted , which to do , the aforesaid Plaintiff of the Counsell of them the said Defendants wholly refused , and this , &c. if Action , &c.