had for a great number of years been inhabitants within the said liberty, and other perfons of good judgment and credit authorized and appointed by George lord Dartmouth, mafter general of his faid majefty's ordnance, and chief governor of his faid majefty's faid Tower of London, to view and take the admeasurements, and truly fet out the abuttings and boundaries of the faid liberty, and every place thereunto belonging; and that being fatisfied upon the whole matter, that the boundaries and jurifdictions of the faid liberty were in fuch manner as is mentioned in the schedule thereto annexed, his faid majefty did, for the better afcertaining the true boundaries, liberties, and jurifdictions of his faid Tower, and for preventing of all further differences between his faid officers of his faid Tower of London, and the officers of his faid city of London and county of Middlefex, concerning the premises, and that juftice might for ever thereafter be duly administered to his loving fubjects, as well within his faid liberty as within his faid city and county aforefaid refpectively, by the proper and refpective officers to whom the execution thereof did of right appertain, of his fpecial grace and certain knowledge and mere motion, did, by the faid letters patent, for himfelf, his heirs and fucceffors, will, grant, confirm, conftitute, declare, and appoint (amongít other things therein mentioned), that all and every the place and places, limit Reciting letters and limits in the said schedule thereunto annexed particularly men- patent, and that tioned and described, and every part and parcel of them and every Tower fhould be the liberty of the of them, should be for ever thereafter, called, reputed, and taken for ever exempt, to be, the liberties of the Tower of London aforefaid, and that the &c. fame fhould be for ever exempted and free from the government and correction of the mayor, aldermen, and juftices of the peace, coroners of or within the city of London, or the liberties thereof, and of and from the government and correction of the juftices of the peace and coroners of and within the county of Middlesex, and from all power and authority, privilege and jurifdiction of them or either of them; and that the faid feveral places and limits in the schedule thereunto annexed particularly mentioned, described, and fet down, and every part and parcel of them, and every of them, by what name or names foever they or any of them then were or thentofore had been called or known, fhould be for ever thereafter annexed, united, and confolidated into the faid liberty of the Tower of London aforefaid, and be called, reputed, deemed, taken, or known to be parts, parcels, and members of and within the limits, boundaries, liberties, privileges, jurifdictions, and governments of his fortrefs and palace of his faid Tower of London, any law, custom, ufage, prescription, or other matter or thing whatsoever to the contrary notwithstanding; and his faid late majefty did thereby for himself, his heirs and fucceffors, grant, ordain, and declare, that the then chief governor of the Tower of London, and every chief governor thereof for the time being, from time to time, and at all times for ever, by himself or his fufficient deputy or deputies, fhould have the return and execution of all writs, process, precepts, and mandates of his faid majefty, his heirs

and

peace to be holden four

with a non intromittant claufe.

and fucceffors, within the faid limits, precincts, places, and liberties, and should have power to adminifter and give to fuch deputy or deputies the ufual oath for the due execution of fuch office and truft and his late majefty's further will and pleasure was, and he did thereby further for himfelf, his heirs and fucceffors, ordain, conftitute, and declare, that from time to time, and at all times for Seffions of the ever thereafter, there fhould be a feffions of the peace holden within the faid feveral places, limits, precincts, or liberty, by juftices of the peace to be from time to time affigned and appointed times in the year by his faid majefty, his heirs and fucceflors, which faid juftices of the peace, to be affigned as aforefaid, fhould hold feffions of the peace at the four ufual times in every year, by the ftatute in that behalf limited and directed, in such convenient place within the precincts and liberty aforefaid, as the chief governor of the faid Tower of London, then and for the time being, fhould for that purpose affign and appoint; and fhould have full power and authority to do and execute all and every fuch matters and things which to the office of a juftice of the peace did belong or appertain: and his faid late majefty did thereby for himself, his heirs and fucceffors, ftrictly enjoin and forbid, as well the fheriffs and juftices of the peace and coroners, as alfo all other the officers and minifters of his faid majefty, his heirs and fucceffors, within his faid city of London and county of Middlefex, or either of them, and all other the bailiffs, officers, and minifters of any of his courts whatsoever, that they or any of them fhould not intermit or intermeddle in the faid precincts or liberties of his Tower of London, or any of them and his faid late majefty did by the faid letters patent, for himself, his heirs and fucceffors, grant and declare that thofe his faid letters patent, or the inrolment thereof, fhould be in all things firm, valid, and effectual in the law, according to the true intent and meaning thereof, notwithstanding the not taking or finding any inquifitions of office or inquifition of office, touching or relating to the premifes or any part thereof, and notwithftanding the mif reciting, or not truly and perfectly reciting or defcribing any of the ancient boundaries, liberties, limits, or jurifdictions of his faid Tower of London, belonging or of right appertaining, or of any of the limits and places thereby made and declared to be parcel of his faid liberty, or in the schedule thereto annexed mentioned, or any part of, or any other imperfection or defect in the faid letters patent contained, or any statute, act, ufage, prescription, cuflom, provifion, or reftriction, or any other matter, caufe, or thing whatfoever to the contrary thereof in any wife notwithstanding and the faid William Whitrow fays, that the schedule to the faid letters patent annexed, as far as concerns and relates to the abuttings and boundaries of the precinct of the Old Artillery Ground, within the liberty of the Tower of London, is in the words following, that is to fay, &c. [fet forth the fchedule] as in and by the faid letters patent, and the faid fchedule thereunto annexed, doth more fully appear; and this he the faid William Whitrow is ready to verify; wherefore he prays judgment whe

ther

ther the court of our faid lord the king here ought or will further proceed against him, and that he may be difmiffed, and not farther aggrieved, &c.; and the faid William Whitrow brings into court here the letters patent aforefaid, and the schedule aforefaid, which refpectively teftify the liberties, privileges, limits, and exemptions refpectively aforefaid. [See Proceedings before Juftices.]

an executor, that

AND the said defendant, by A. B. his attorney, comes and de- Plea in abatefends the wrong and injury, when, &c. and prays judgment of the ment to an acfaid writ, because he fays that the faid G. C. (the teftator) in his tion at the fuit of life-time, conftituted him, the faid plaintiff, and one J. B. to be teftator confti. executors of his last will and teftament, and afterwards died, and tuted plaintiff after whose death the faid J. B. as the executor of the laft will and and another exteftament of the faid G. C. adminiftered divers goods and chattels ecutors who is which were of the faid G. C. at the time of his death, to wit, at Westminster aforefaid, which faid J. B. at the time of the fuing out the original writ of the faid plaintiff, was, and ftill is living, to wit, at &c. aforefaid; and this, &c. wherefore for that the faid J. B. is not named in the writ aforefaid, the faid defendant prays judgment, &c. and that, &c.

See Executors, &c, vide 5th Burr. 2613. This matter must be pleaded in abatement, and cannot be given in evidence.

Powers and Cocke, 1. Ld. Raym. 63. as to the conclufion.

not named,

ant fued as ex

ecutor, that tef

not named a defendant) execu

AND the faid John Smallman, in his own perfon, comes and Plea in abate defends the wrong and injury, &c. and prays judgment of the faid ment by defendbill, because he fays that the faid David (the teftator) in his lifetime, to wit, on the fixth of February, A. D. 1745, at, &c. afore- tator appointedfaid, made his laft will and teftament, and thereby conftituted and defendant and appointed the said defendant and William Jones executors thereof, another (who is and afterwards, to wit, on the fame, &c. at, &c. the said defendant and William Jones duly proved the faid will, and took upon them- tors. felves the burthen of the execution thereof; and the faid defendant brings into court here the letters teftamentary of the faid David, which fully prove that the faid defendant and William Jones are the executors of that will, (a) and have the administra-` tion thereof, &c.; and the faid defendant further fays, that the faid William Jones is still living, to wit, at, &c. aforefaid; and this, &c. wherefore, inafmuch as the faid Willian Jones is not named a defendant in the faid bill, the faid defendant prays judgment, &c. and that, &c.

14

tiffs are not executors.

Plea in abate AND the faid defendant, by A. B. his attorney, comes and ment,that plain-defends the wrong and injury, &c. and craves oyer of the letters testamentary of the faid Margaret here brought into court, which are read to him in thefe words, that is to fay, By the tenor, &c. (granting adminiftration to Margaret Reynolds and Ann Edwards, executrixes); which being read and heard, the faid defendant prays judgment of the faid bill, because he faith that the faid Benjamin. Reynolds and Theophilus Edwards are not nor ever were executors, nor is nor ever was either of them an executor of the last will and teftament of the faid M. R.; and this, &c.: wherefore, inafmuch as the faid B. R. and T. E. are above named and called executors of the last will and teftament of the faid Margaret, the faid defendant prays judgment, &c. and that, &c. [1. Ld. Raym. 638.]

Flea by defend

rity of an infant

was granted to defendant.

AND the faid Charles Welfh, against whom the faid John Afhant fued as ex-more hath exhibited his bill by the name and defcription of Charles ecutor, that the Welsh, executor of the laft will and teftament of Anderson Ash-teftator appointed an executor more, deceased, by Jacob Anderson his attorney, comes and fays, that who renounced, the faid Anderfon in his life-time, to wit, on the 5th day of Decemand that admi-ber 1745, at Rofs aforefaid, duly made his laft will and teftament in nistration du- writing, and thereby conftituted John Jones fole executor thereof, and ring the mino-afterwards, to wit, on the 1ft day of March, in the year aforesaid, at Rofs aforefaid, died without revoking or altering his will, and after his death, to wit, on the 18th day of March 1745, aforefaid, at, &c. aforefaid, the faid John Jones duly renounced the faid executorfhip; and thereupon afterwards, and long before the exhibiting of the faid bill of the faid plaintiff, to wit, on the fame, &c. laft aforefaid, at, &c. aforefaid, adminiftration of all and fingular the goods. and chattels, rights and credits which were of the faid Anderson at the time of his death, with the will of the faid Anderfon annexed, during the minority of Paul Afhmore, by Edward Wynne, doctor of laws, vicar-general and official principal of the right reverend father in God, Henry, by divine permiffion lord bishop of Hereford, lawfully conftituted, to whom the commiffion of the administration aforefaid did of right belong, was duly committed to the faid defendant, and the said defendant brings here into court the letters of adminiftration of the aforefaid official, which give full evidence hereof, and are dated the day and year laft aforefaid, and the fame are fill in full force; and the faid Paul Afhmore ftill continues in his minority, to wit, under the age of twentyone years, in which cafe the defendant ought to be sued as adminiftrator of the goods and chattels which were of the faid Anderfon at the time of his death, with the will of the faid Anderfon annexed, during the minority of the faid Paul Ashmore, and not as executor of the laft will and teftament of the said Anderson ; and this, &c. wherefore he prays judgment, &c. and that the fame, &c.

AND

ment by huf.

Elizabeth.

AND the faid Richard and Elizabeth, by Richard Pinlott their Plea in abateattorney, come and defend the wrong and injury, &c. and pray band and wife judgment of the faid bill, because they say that the faid John Stacy, fued as executrix, on the 20th day of January 1754, at Westminster aforefaid, died intef that adminiftra tate, after whofe death, to wit, on the 4th day of February 1754 tion was granted aforefaid, at, &c. aforefaid, administration of all and fingular the goods to the defendan☛ and chattels, rights and credits which were of the faid John Stacy at the time of his death, by John Bettefworth, doctor of laws, in and throughout the whole archdeaconry of London, official, lawfully conftituted, was in due form of law committed to the faid Elizabeth; without this, that the faid Elizabeth is or ever was Traverse, executrix of the faid John, as is by the faid bill above fuppofed; and this, &c. wherefore, &c. and that the fame, &c. J. YATES.

In the County Court. AND the faid defendant now here pleads Excommunication BRIDGES and giveth the court here to understand and of plaintiff at fuit of be informed, that fince the laft continuance pleaded (after PURNOCK. the laft continu of the aforefaid plea, to wit, fince the 20th ance) in the day of January now laft paft, till which day the faid plea was laft county court. continued, and before this day, to wit, on the 20th day of April, the faid plaintiff was and now is excommunicated, and he fhews to the court here the letters patent of the right reverend father in God, Ifaac, by divine permiffion bishop of Worcester, which tef tify the fame in thefe words following, that is to fay, to all and fingular, &c. [fet out the letters of fignificavit to the end, verba. tim]; whereupon the faid defendant prays that the plaint aforefaid may be from henceforth ftaid without day until, and fo forth; with this, that the faid defendant will verify that the faid plaintiff mentioned in the plaint aforefaid, as plaintiff in the faid plaint, and the faid plaintiff mentioned in the faid letters patent of the faid bishop, are one and the fame perlon, and not different perfons, &c.

fendants is dead

EATON and Another AND now at this day, that is to Plea to an infor. at the fuit of fay, on Friday next after eight days mation in the The ATTORNEY GENERAL. of Saint Hilary, in this fame Term, Exchequer, that until which day the plea aforesaid was laft continued, comes the faid one of the diJohn by his attorney aforefaid, and protefting that the plea already fince the laft can pleaded by him the faid John and the aforefaid Edward Nicholas, tinuance, in manner and form aforefaid pleaded, and the matters therein contained, are sufficient in law to bar the faid now attorney general from profecuting the faid information; for plea he the faid John says, that the faid Edward Nicholas, in the faid information named, and against whom, together with the faid John, information is laid as aforefaid, after the laft continuance of the faid plea, that is to fay, on the 20th day of January, A. D. 1784, at, &c. aforefaid, died; and this he the faid John is ready to verify; wherefore he prays judgment, and that the faid information may be quafhed, &c. and he the faid John difmiffed the faid court here, entirely difcharged therefrom.

AND