said morrow after all Soules An. 35. of the said late Queen abovesaid which day the judgment aforesaid was given was seised in his Demesne as of Fee And that no writ of Scire facias issued out of the Court here directed to the sheriff of Dor. to premonish the same Tenant of the Mannor and Tenements aforesaid of being here so that execution of the judgement aforesaid may be don upon him if it can and this they are ready to verifie whereupon they pray judgment and a Writ of Scire Fac. against the Tenant of the Mannor and the Tenements aforesaid in the same County of Do. at the prosecution of the said I. Awbery and Sarah to be directed to the same sheriff of Dor. to issue out of the court here to premonish the same Tenant of the mannor and Tenements aforesaid which were of the late Earle of Darb. of being here to answer of and upon the premisses The same Earle of Bridgwater and Francis pray that a Writ of Scire Fac. may issue out of the Court here to premonish the same Tenant of the Mannor and Tenemants aforesaid in the County of Do. being here c. To shew in Form aforesaid c. ANd the same Iohn and Sarah that they by any thing before alleadged from having their execution aforesaid against the said Earle of B. and F. for the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances whereof the same Earle and Francis are above retorned Tenants Replication and Travers without that that the Debtor was seised in fee of those lands at the time of the judgment ought not to be hindred because they say that long before the judgment aforesaid given in Form as aforesaid the said Edward late Earle of Derb. was seised of the said mannor of Sturmister Marshalls and Tenements in Fee and being so thereof seised and afterwards and before the judgment aforesaid to wit 12. Aprill An. 3. and 4. Ph. and Mary of the same mannor and Tenements infeoffed W. M. and I. E in Fee to the uses of H. S. Seignior Strange and Margaret for their Lives and the life of every of them and after their deaths to the use of the heires of the said H. of the body of the said M. begotten or to be begotten and for default of such heires males to the use of Edward Earle of Derb. and the heires of his body lawfully begotten and for default of such issue to those of the right heires of the said Edward Earle of Derb. a tout jours and shew that the said Henry and Margaret had issue the aforesaid Fardinand Earle of Darbey and died seised c. by which the said Fardinand entred and was seised in speciall Taile to wit c. And being so thereof seised the judgment aforesaid upon the said writ of Scire facias above specified was had against the same Fardinand then seised of the said Mannor and Tenements aforesaid with the appurtenances in his demesnes of Fee to wit to him and his heires males of his body lawfully proceeding And the same Fardinand being so thereof seised the same Fardinand after the judgment aforesaid given at Brackly aforesaid died of such his estate thereof seised without heire Male of his body lawfully proceeding without this that the said Fardinand late Earle of Derb. at the same Cr. Anim. An. 35. abovesaid was seised of the said Mannor of S. M. to the Tenements aforesaid with the appurtenances in S. M. in his demesnes of Fee as the same Earle of Bridgwater and Francis have before alleadged Travers and this they are ready to veryfie whereupon they pray judgment and their execution aforesaid against the same Earle of Bridgwater and Fr. of the Debt and Damages aforesaid of the tenements aforesaid with the appurtenances whereof the same Earle and Francis are above returned Tenants to them to be adjudged c. issue upon the Travers Issue upon the Travers and a ven fac awarded to the sheriff of Do. of the neighbourhood of Sturnister Marshall quaere if it ought not to have beene of the Mannor c. P 20. J. Rot. 2075. Buk ss Whereas Samuel Cowper and Iohn Sanders executors of the Testament of Antony Cowper Gent Entry of a Sci. Fac. against â—eâ—tâ—enants of lands c. tempore judiciireddit And divers tenants of divers lands a e retorned who came not and a writ of Elegit is awarded of the moyety of the lands whereof they were retorned tenants H 39. Eliz. rot 2336. lately in the Court of the Lord the King now to wit in Trinity Term An. 19. before Henry Horbert Knight and Baronet and his associates then Justices of the said Lord the King of the common Bench here to wit at We. by the consideration of the same Court had recovered against Ric. Gosnold late c. otherwise called R. G. of c aswell a certaine Debt of 40 l. as 60 l. which to the same S. and I. in the same Court of the King here were adjudged for their Damages which they had c. whereof he is convicted As by the Record c Execution neverthelesse c. And the same Richard is dead as by the information of the said Samuel and Iohn the King understandeth and because c. that by honest c. he should make knowne to the Tenants of the lands and Tenements in your Bayliwick whereof the same Richard was seised in his demesne as of Fee in Cr. S. Trin. last past on which day judgment aforesaid was given or at any time afterwards that they should be here at this day to wit Quinq Pas to shew if any thing c. wherefore the same Samuel and Io. Execution against them for the Debt and Damages aforesaid of the Lands and Tenements aforesaid ought not to have according to the Form of the recovery aforesaid if c. And now here at this day came the same S and I. by Iohn Andrews their attorney and offered themselves the fourth day against the Tenants of the Lands and Tenements which were of the said Richard at the time of the judgment aforesaid given or at any time afterwards in the same plea Scire fac to severall ter-tenants of divers lands and tenements 2. of whom make default And they being solemnly called came not and the sheriff to wit Iohn Denham Knight now retorneth that by G. B. and G. G. honest c. he make knowne to Eliz. G. widow Tenant of one capitall Messuage c. in Becconfeild aforesaid c. and also to one R. G. Gent. an other Tenant of one capitall Messuage or Farm c. And to Susanu G. and T. G. Tenants of one Messuage c. and to Thomas G. Gent. Tenant of one Messuage or Inn c. And also to one Ia. Necton Esq Tenant of one Messuage c. which were of the said Rich. Goswold in Fee-simple at the time of the judgment given and afterwards And hereupon the same Sam. and Io.
said I. H. whom c. to answer the said John Martin in the said plea c. T. 13. Jac. Rot. 3627. c. Brownlow the like is entred upon an Attachment of Priviledge for a Judges Clerk of the Common Bench with an Amerciament and awarding of an Hab. Corp. M. 10. Jac Rot. 1920. Norf Amerciament of a Bayly of a liberty upon a Cepi corpus returned and a Distringas awarded upon an attachment of priviledge M 19. Jac. rot 1948. M. 21. H. 8. rot 529 11 H. 4. fol. 43. pl. 12 ss It was commanded the Sheriff that he should attach I.G. so that he should have him here at this day to wit upon Fryday next after Mens pas to answer H.S. Gent. one of the Attorneys c. as in others in a plea of debt And now here at this day came the said Henry in his own person and he came not And the Sheriff to wit T.C. Esquire now returneth that he by vertue of the Writ aforesaid to him directed commanded Hen Hobart Knight and Baronet Attorney-generall of the Lord the King and Bayliff of the liberty of the said Lord the King of his Dutchy of Lanc. in the County aforesaid who hath the fall execution of all Writs within the liberty aforesaid and the returns of them within which execution of that Writ wholly vesteth to be made for that no other execution in any other place out of the said liberty can be made by the Sheriff which said Bayliff answered to the said Sheriff that he had taken the body of the said I. whose body he had ready before the Justices here at this day And because the said Bayliff hath not the body of the said I. ready here at this day Therefore the said Bayliff in mercy And is fined by the Justices here at forty shillings Therefore the Sheriff is commanded that be distrain the said Bayliff by all his lands c. and of the Issues c. so that he have here upon Fryday next after Cr. Trin. the body of the said I. whom c. to answer to the said H in the plea aforesaid c. See Trin 14. Jac Rot 2151. c. Brownlow a Distringas awarded after a Cepi Corpus returned by the Sheriff upon a Mand. Bal. against the chief Steward of the liberty of Bury Duces tecum awarded the Sheriffretu ned a Languidus in prisona upon an attachment for contempt M. 2. Car. Reg. Rot. 843. c. Brownlow War ss It is commanded the Sheriff as at another time it had been commanded to the said Sheriff that he should attach I.B. of c. if c. and safely c. so that he should have his body here at this day to wit upon Satturday next after fifteen Trin. to answer to the said Lord the King now of such things as at that day should be here objected against him And further to do and receive what the Court of the said Lord the King here should consider of him in this behalf And now here at this day came here into Court Robert Heath Knight Attorney-generall of the Lord the King now who for the same Lord the King in this behalf followeth And the same John being solemnly called came not And the Sheriff to wit Io. N. Esquire now returneth that by vertue of the said Writ to him directed he took the body of the said I. B. whose said body was so languishing in the Prison of the Lord the King in the County of War and held with divers infirmities so that he could not have his body ready here at this day as by the said Writ to him it was commanded c. And hereupon in the said Court of the Lord the King here on the behalf of the said Lord the King it was testified that the said Iohn is whole and sound and able to labour Therefore it is commanded to the said Sheriff that he or his under Sheriff be here upon Thursday next after Cr. Martini bring here with him the said Jo. whether he be unsound or infirm Sâ—e the old book of Entries fol. 41. title Annuity in proces 7. See T. 2. Car. Reg rot 2681. c. Gulston Vpon an appearance to an attachment upon contempt and thereupon examined submits himself to a fine to answer the said Lord the King now of and upon the premisses aforesaid in form aforesaid And this he by no means omit under the penalty of ten pounds which the Sheriff shall know himself to loose if he shall not do it H. 10. Eliz. Rot. 549. Buk ss It was commanded the Sheriff that he should not omit for any liberty of the County aforesaid but that he should attach J. R so that he should have his body here at this day to wit upon Thursday next after Cr. Pas that same term to answer to the Lady the Queen of and upon such things which then here on the behalf of the Lady the Queen should be objected And now here at this day that same Tearm came the said J. in his proper person by the Sheriff of the County aforesaid by vertue of the Writ aforesaid to him directed brought here to the Bar whereupon the Court here is given to understand that the same J.R. present here in Court that same Term in the face of the same Court behaved and carried himself evilly and unjustly in giving evidence to twelve Jurors of the same County of Buk to try a certain Issue of the Country between certain G.G. and A. his wise Plaintiffs and certain W.H. late of and J.L. late of c. in a plea of Trespasse in the same Court here joyned And prayeth that the same J. R. may be fined to the said Lady the Queen for that occasion whereupon the same J.R. being asked by the Justices here if he had or knew any thing to say for himself wherefore he ought not to be admitted to make a Fine with the Lady the Queen therein who saith that he will put himself upon the favour of the Court to do what the same Justices here should consider of him in that behalf And hereupon the same I. R. is admitted to make his Fine with the Lady the Queen by the occasion of the premisses at forty shillings to be paid here in Court into the hands of R.L. one of the Prothonotaries of the Court of the Lady the Queen here for divers Statute-books in the Treasury-house of this Court remaining bought Therefore the same I. go thereof without day c. Ballivo amovendo P 10 H. 6 Rot. 324. Be it remembred that Thomas May Entry of a Writ De ballivo amovend to remove a Bayliff for continuing in office above one year togeher against the form of the statute the third day of June that same Tearm delivered here to J.H. under Sheriff of Kent two Writs of the Lord the King closed directed to the Sheriff of Kent in form of Law to be executed which said Writs the same Sheriffs here in Court opened whose Tenors severally
entred as followeth Afterwards to wit ter die came here into the Court the said W. by the Keeper of the Prison aforesaid to the Bar here brought and saith that he ought not longer to be kept in the prison aforesaid for that the same W. at his owne request and not at the request of the said Plaintiff was committed to the Prison aforesaid and for that cause prayeth that he may be dismissed at large from the prison aforsaid by the Court here The Defendant is discharged out of Prison for that the Plainâ—iff prayed him not in execution And because the Justices here by due examination in this behalfe made and that it sufficiently appeareth by the Record that the allegation of the said W. is true therefore the said W. by the Court here is dismissed from the prison aforesaid And the said Keeper of the Prison aforesaid by the said court here is discharged from the custody of the said W. c. M 15. Jac. Rot. 2167. e Walter between Willby and Davenant in a Scire Facias against C. and B. Manucaptors in a Recognizance of 740 l. that the said Davenant should appeare to an account of 330 l. at the Suit of the Plaintiff Nota bien and alleageth that the Defendant appeared to an Originall of 330 l. and that afterwards in Mich. 4. Jac. R. nunc the said Davenant was condemned in the said 330 l. and in 80 s. for damages and afterwards that the Plaintiff remitted 25 l. 6 s. 4 d pro ut c. the said Davenant hath not rendred his body in execution for the judgment aforesaid for 208 l 13 s. 9 d. residue of the debt and Damages aforesaid in the same Court neither hath satisfied to the plaintiff for the residue of the debt and Damages aforesaid the Defendant Pleads that the Plaintiff ought not to have execution c. because he saith that after the Judgment aforesaid given to wit the 23 day of January An. 14. abovesaid came here into the Court the same Davenant in his proper person and then and there rendred his body to the prison of the Lord the King of the Fleet in execution for the said 208 l 13 s. 4 d residue of the debt and damages aforesaid against the said Davenant in Form aforesaid Recorded and in discharge of the said severall Recognizances by the severall Manucaptors acknowledged And that the said Plaintiffe then and there altogether refused to receive or Charge the said Davenant in Execution for the said 208 l. 13 s. 4 d. And this they are ready to verify c. the Plaintiffe protesting saith that he never refused c. And for that he did not render his body pro ut c. issue per Pais And it was moved by Serjeant A. that the same ought to be tried by the record and not by the county See Easter 6. H. 8. Rot. 432. And in this case divers presedents were shewed as well of Ancient as of moderne times M. Easter 12 H. 8 Rot. 324. and Easter 29. Eliz. Rot. 651. T. 12 H. 8. Rot 331. Easter 6. Ja. Rot. 105. such rendring their bodis in execution in discharge of their Manucaptors but note that there is no tender but to discharg the bail See M. 27. ort 37. Eli. Rot. c. Trin. 16. Ia. Rot. 786. tender of the body in execution to discharge the baile P 14. Ia. Rot 2175. W. against B. who tendred himselfe in execution in discharge of his sureties the Plaintiff praies him in execution and the Court will advise themselves of such commitment for that a writ of Error was brought and the Record with the Recognizance certifyed away but at length he was committed in execution notwithstanding the writ of Error in discharge of his Sureties H 9. H. 5. Rot. 461. Henster Bristoll ss Extent upon a Statute-merchant by an Executor It was commanded the sheriff that he should take the body of W. C. late Burgesse and merchant of the Town of Bristoll if c. And in the prison of the Lord the King safe c. untill he shall have fully satisfied unto R. Scot and William Scot executors of the testament of Iohn B. late Burgesse of the Town of Bristoll of 120 l. which the said W. Coombe the third day of Aprill An. R. Rich post conques se 5. before W. C. then Mayor of the City of B. and I W. then Clerke deputed to take Recognizances of debts at B. acknowledged himself to owe to the said I. B. And which they ought to have paid him at the Feast of the apostles Philip and Jacob then next and the same to him as yet c. and in asmuch c. he should make knowne to the Justices here at this day to wit in Oct. Pur beat Mariae c. And now came the said Thomas Stanford on the behalfe of the said executors And the said W. Combe came not and the sheriff retorneth that he is dead and hereupon the said Thomas Stanford prayeth a Writ thereof by the statute c. and because the Justices here are not yet advised whether they ought to grant that Writ at the petition of the said Thomas in this case or not 2 R. 3 f 8 Pl. 16. P. 2 Eliz. Dyer f. 180. Pl. 49 H. 18 E. f. 10. Pl. 35. against this Sci faâ— day therein is given to the said Executors by the said Thomas here untill 15. Pas At which day here the said Thomas Stanford and T. B and I B. who answer for the said Executors as their attornies by writ of the Lord the closed directed to the Justices here to them delivered and pray a writ by the statute And because the Justices here are not yet advised whether that writ ought to be granted at the petition of the said attornies Dyer f. 180. 49. e conâ—r quaere in this case or not day is given therein to the said Executors by their attornies here untill in Octo. S. Trin. At which day here came the same Executors by the said Thomas Stanford their attorney and they bring here into Court the statute aforesaid and also the letters Testamentary of the said Io. Barstable by which it sufficiently appeareth to the Court here the said Robert and William to be the Executors of the Testament of the said I. B. and thereof to have the administrations c. and pray thereof a writ by the statute c. and to them it is granted retorneable here A die S. Mich. in un Mensem c. and in asmuch c. the sheriff should make known here at the same Term c. before which day the Plaintiffe aforesaid remaineth without day for that the Lord Hen. late King of England the 5 after the conquest dyed afterwards to wit in the Term of S. Hil. An. 1. Hen. 6. now King of England after the conquest namely the same W. Scot executor by the same Thomas Sanford his attorny and for that the same W. S.
the Court here made that the same Iohn who otherwise to wit the second day of August Ano. 3. R. nunc before Iames Story Lon. and Robert Cotton Esquires by vertue of a certaine writ of the Lord the King de Dedmi Potestatem to them and certaine Thomas Hutchison and Robert Smith Esquries directed to give power to three or two of them to take the acknowledgment which the same Iohn before the said I. S. K. C. T. H. and R. S. three or two of them would make upon which said writ of covenant depending before the Justices of the said Lord the King of the Common Bench between certain Tho. Fortesceu Esq and Io. Slany and the same Io. Zouch of the Mannor of Alfreton ali Awfreton with the appurt and of 120. Mes 100. Cottages 500 tofts 4 Mils c. with the appurt in A. otherwse A.S. otherwise S. S. otherwise S. c. And also of the profits of the markets and Faires and Toll in A. otherwise A. in the same County of Derb. acknowledged the Mannor Tenements Rents and Profits aforesaid to be the right of the same Thom. and the same remised and quit claimed from him and his heires to the same Thomas and Iohn Slany and the Heires of the same Thomas for ever at the time of that acknowledgment upon thâ— writ aforesaid was and yet is within the age of one and twenty years Therefore it is considered by the court here _____ of May that same Terme that the acknowledgment aforesaid by the same Io. Zouche before I. S. and Rob. Cotton made is void and of no Force in Law and that as well the said Writ of Covenant as the said writ of Dedimus Potestatem are quashed and adnulled and in the Files of the writs of this Court are not to be received or Filed nor that any record be made thereof in the court here Brev. de Gardiano admittendo H 10. J. Rot. 2002. Brownlow ss Entry of a Writ De gardiano admittend in a Writ of Partition M 22 Jac Rot 554. the like in debt T 33 Eliz Ro 1556. like in Dower Int. S. G. The King sent to the Justices here his Writ closed in these words James by the grace of God of England c. To his Justices of the Bench Greeting Know ye that we have admitted Nicholas S. Gent. the Gardian of Mary B. and Grace B. Daughters and heires of Richard Barret Esq being within age as is said to prosecute and defend the Sute which is before us by our Wirt between the same Rich. Barret and one Ralph Raulin in a Plea of making partition as is said And therefore we command you that you admit the same in Gardian of the same M. and G. to prosecute and defend the Plaint aforesaid Witnesse our selves at Westminster the 19. day of May An. 10. and 45. Habeas Corpus ss IT was commanded the sheriff as more times it was commanded to the same Sheriff that he should have here at the third day Entry of a Hab. corâ— in a plea of debt and the Sheriff returneth that he was not taken nor ever in his custody And a Writ awarded de distring nup vic to wit ter die the body of E. T. c. whom by precept of the Lord the King he took and him detayneth and the same sheriff to the Justices here ter die last past retorned to answer T. S. in a plea that he render unto him 20 l. which he oweth and unjustly detayneth c. And now here at this day came the said T. by T.C. his Attorney and the sheriffe retorneth that the said E. was not taken by the said sheriff by vertue of any writ either is or ever was in the custody of the said sheriff either by I. N. Knight his Predecessor by indenture between him the late sheriff or the said sheriff to the sheriff now was over delivered And therefore the body of the said E. before the Justices here at this day he could not have Distring nup vic Therefore it is commanded to the sheriff now that he distrain the said late sheriff by all his lands c. and that of the issues c. so that he may have here 15. Martini the body of the said E. whome to answer to the said T. in the Plea aforesaid c. Entry of a Writ of Hab corp upon priviledge wi h the recognizance H 12. Iac. Rot. 2271. It was commanded the Mayor Aldermen and sheriffs of London and every of them whereas it was shewed to the Lord the King now on the behalf of Peter Furb that whereas he and every leige man of the Lord the King in coming to the Court of the said Lord the King of common Bench here to wit at Westminster to prosecute or defend any plea or writ there ought to be under the protection of the said Lord the King and customs according to the Liberties and Privileges of the same Court from the time whereof the memory of man is not extant used and approved in the same Cause of priviledges Notwithstanding some malevolent indevouring much to prejudice the same Peter the same Pet. after he came to the Court here to consult with his Councell and attorny to have their advice in a certaine plea of debt upon demand of 30 l. prosecuted by the same P. in the said Court of the Lord the King against one James Robinson wherupon the parties aforesaid pleaded to issue of the Country to be tryed in London to be arrested by the ministers of the said Mayor Aldermen and Sheriffs and in the Prison of the Lord the King under the custody of the said Mayor Aldermen and Sheriffs procured to be detained unjustly to the imoderate dammage and grievance of the said Peter and against the liberties and Privileges aforesaid whereupon he supplicated to the Lord the King to exhibet to him a remedy the said Lord the King willing to do to the same P. in that behalf which was just and consonant to reason and inviolably to observe the liberties and privileges aforesaid That if the same Peter should be detayned in the prison aforesaid under the custody aforesaid Then the same Peter by whatsoever name reputed together with the day and cause of his taking and detaining they should have or one of them should have before H. Hobert Knight and Baronet Cheife Justice of the said Lord the King of the common bench at his chamber Scituate in Lincolns Inn in the county of Midd. immediately after the receit of the said Writ Hab corp rem immediatly before the Chief that the same cheife Justice of the Lord the King seeing the cause aforesaid should do in that behalf what of right and according to the law and custome of the Lord the King of England and the liberties and privileges aforesaid should be don and that they should have then there that writ Afterwards to wit the 24. J that same Terme the chief Justice delivered here in
rot 3157. Brownlow Entry of an Habeas corpus cum causa for B the Sheriff returned that he was detained by vertue of a certain Warrant c. And that he had brought his body c. Pro ut pro breve c. whereupon the said I is committed to the prison of the Lord the King of the Fleet Ib. remans quousque c. M 9. and 10. Eliz. Rot. 1667. London Nota. one Thomas L. one of the Attornies c. was committed to the Fleet upon a warrant from the High Commissioners And one cause of his commitment was expressed in the warrant and the Justices granted him a Writ of Priviledg because he was an atorney with a Corpus cum causa directed to the wardens of the Fleet who returned the warrant in haec verba c. wereupon his body being brought to the bar he was allowed his priviledg and discharged from prison Inquiry H 41. Eliz. Rot 1119 Bark ss Entry of a Writ of inquiry of better issues directed to the Justices of Assises upon a Writ De Distring Balliv Burgeness upon a Cepi corpus by them returned upon a Testat in debt against the late Sheriff for finding petty issues upon return of a Distringas T 6 H 6. Rot. 303. Sil. M 24. H 6. Rot â—09 Issues six shillings eight pence West 2. cap 40. Alias Distringas awarded P 8. H 6. Rot 113 Amercement against the return of the Sheriff upon a Distringas Jur. T 23 H 6. scil upon a Rescous P 226. Rot 2 the like Writ awarded to the Coroners to enquire de quantis exitibus quere quia non est lex Plur. Distringas It was commanded the sheriff that he should distrain the Mayor Baylifes and Burgesses of the Borrough of Abington in the County aforesaid by all their Lands c And that of the issue c. so that he should have here in Osto Mich. last past the body of F. E. late of c. whom the same Mayor and Burgesses late took as c To answer R.B. of a plea that he render unto him 10 l. which to him he oweth and unjustly detaineth c. At which day here came the said R. by I. D. his attorney and offered hmiselfe the fourth day against the same F. in the same plea and he came not c. And C. L. then sheriff of the said county of Berk then here retorned that the said Mayor Bayliffes and Burgesses were distrained by their chattels to the value of 6 s 8 d. And that the said Mayor B. and B. were bayled by I. D and R. R Therefore they in mercy c. And as before it is commanded the sheriff that he should distraine them by all their lands c. And that of the issues c. so that should have here at this day to wit in Oct. S. Hill the body of the said F which the same Mayor B and B of late took c. As c. To answer the said R B. in the plea aforesaid and now here at this day to wit at the said Oct. S. Hilli came the same R by his attorny aforesaid and offered himself the 4 th day against the said F. in the plea aforesaid and he came not And the sheriff did nothing therein nor sent the writ thereof as more times It is commanded the Sheriff that he destrain them by all their lands c. And that of the issues c. so that they may have here 15. Pas the body of the said F who the same M B. and B. of late took as c. to answer the said R in the plea aforesaid And thereupon it is testified in the court of the Lady the Queen here on the behalf of the said R. that the said C. L. late sheriff after the said writ of distresse was first delivered to him of greater issue to wit of 100 l. the lands and Tenements of the said Mayor Bayliffes Burg. in his bayliwick to the Lady the Queen might have answered Averment of the party aginst the sheriff or retorning the petty issues upon â—he first w it of distress after the al 's and plur distr wee reenter upon the Roll. Therefore it is commanded to the Justices of the said Lady the Queen assigned to take the assizâ—s in the county aforesaid that by the oath of honest and lawfull men of the County aforesaid in the presence of the said sheriff if he will be present they diligently inquire of what and how much issues the said sheriff of the issues of the lands and Chattles of the said Mayor B and B. of Abingdon aforesaid in his bayliwick from the time in which the said writ of distresse was delivered unto him untill the said Oct. S. Mich. could have answered to the said Lady the Queen and the inqâ—isition which c. they make knowne here 15 Pas by their letters sealed c. See the old book of entries in the title of issues retorned 1. 2. and 4. for such a Writ and entry And for a Writ awarded to the Justices of Assize see the statute of Westminster the 2. Cap. 40. A djudged to the Justices at the assize to inquire of what issuâ—s the sheriff could answer T 9. lac Rot. 3623. Brownlow Wigor ss It was commanded the sheriff that he should distraine R. G. Knight late sheriffe of the county aforesaid by all his Lands c. So that he should have here at this day to Wit in C S. Trinitatis the body of R. Y. late of C. in the county aforesaid Yomam which he took by the precept of the Lord the King now And detayneth by him as the said sheriff to the Justices of the said Lord the King here to wit at Westminster 15. Pas An. R nunc Angl. 8. retorned to answer to M. F. widow of a plea that he should render unto her 20 l. which to her he oweth and unjustly detayneth c. And to heare his judgment of more defaults c. And now here at this day came the said Mary by I. F. her attorney and the sheriff now retorneth that the said R. G. is distrained by his chattles to the value of 40 s. and bayled by I. D. and R. R Therefore they in mercy Amercement that the sheriff can answer the King of greater Issues c. And here upon it si testified in the court of the King here on the behalf of the said Mary that the said now sheriff of greater issue to wit of 20 l to the said Lord the King could answer therefore it is commanded to the Justices of the Lord the King assigned to take the assizes in the county of Worcest that by the oath of honest and lawfull men of the county aforesaid in the presence of the said sheriff if he will be present Note that the statute saith die impetr Br. they diligently inquire of what and how much issues of the lands and Chattells of the said R. G. the said
or Coppice called Weston Wood aforesaid and also the third part of the profits of the Mannor-Court of Weston upon the green aforesaid Tythes of wood Third part of the profits of Mannor Couâ—t 3d part of the the advowson of the vica ridge of W. and of one Close called Cow-lease c. And also the Advowson of the vicaridge of the Church of Weston aforesaid to hold to the said Countesse and her assignes in severalty by metes and bounds in the name of her whole Dower to her out of the Hundred Mannor Tenements Rectory and Advowson aforesaid after the death of the sayd Francis late Earl of Berks her late Husbandhapning as by the sayd Writ to him it was commanded c. The like assignment of Dower between the same parties upon the same Roll. Summons ss JUry of twenty four Knights of the Neighbour hood of T. ven recogn if the Jury by whom a certain inquisition was lately summoned in the Court of the Lady the Queen Entry of a writ of summons in an attaint executed and awarding of a resummons against the defendant hab corp against the grand Iury and Distring against the petii jury before the Iustices of the said Lady the Queen here to wit at Westminster by writ of the Lady the Queen and afterwardr before the Beloved and faithfull of the said Lady the Queen R. C. Knight Cheif Iustice of the Lady the Queen assigned to hold pleas before the said Queen and G. G. Esquire Attorney Generall of the said Lady the Queen Justices of the said Lady the Queen assigned to take the Assizes in the County aforesaid by writ of the said Lady the Queen of Nisi prius by Form of the statute c. at Stonystratford in the County aforesaid taken between R M. Gent. plaintiff and I.Y. of T. c. and R. W. of T. c. of a certain Trespasse to the same R. by the said I. and R. done as it was said made a false oath as the same R. greivously complaining hath shewed to the said Lady the Queen or not And now here at this day to wit in Octab sancti Hillarii came the same R. M. by T. his Attorney and the said I. Y. and R.W. summoned c. 4 Die pl. being solemnly called came not and of them the sheriff now returned that he summoned Summons returned c. therefore let the same I.Y. and R W. be resummoned that they be here 15. Pas to hear the sayd Iury of twenty four Knights and also J. Jugram I. S. I. S. c. twelve Iurors of the first Inquisition aforesaid being called came not and of them the sheriff now returneth that every one of them is severally attached by pledges J Denn and R Fenn Hab. corp Iur. 24 Milit. Therefore they in mercy c. therefore the Iury of twenty four Knight aforesaid is respited here untill the said Terme Distring Iur. prim inqisitionis c. and that the sheriff have then and there the bodyes of the same Iury of twenty four Knights to make the said Recognizance c. their Lands c. and that of the issues c so that he may have their bodies here at that Terme to heare the Recognizance the same day is given to the same R.M. here c. P 8. Jac. rot 1938. Brownlow Lincoln ss Entry of a writ of summ and resumm in attaint and Distring awarded against the grand Iury the party and the petit Iury. Iury of twenty four Knights of the Neighbourhood of W. vid. Recogn si Jur. by whom a certain inquisition was lately summoned before the Lord the King at Westminster by Bill without the writ of the said Lord the King between Henry Earl of Lincolne one of the Peeres c. of England and Ed. Dymock Knight of certain Trespasses and contempts against the Forme of the statute De scandalis magnat therein lately made and provided and afterwards before the beloved and faithfull Peter Warburton Knight one of the Iustices of the Lord the King of the Common Bench and Thomas Foster Knight one of the Justices of the said Lord the King of the same Bench Iustices of the said Lord the King assigned to take the Assizes in the County aforesaid by writ of the said Lord the King De nisi prius by Forme of the statute therein made and provided P 4. Eliz rot 532. Cerciorare to certifie a retorn whereupon an attaint is brought The grand jury the Defendant and the petit Jury make default Quaere the sheriff returns not the writ Resummons awarded against the grand Jury parties and petit Iury. at the Castle of Lincolne in the County aforesaid taken made a false Oath as the said Earl to the said Lord the King now greiviously complaining sheweth or not And now here at this day to wit Tres Sept. Pasch here came the sayd Earle by his Attorney aforesaid and as well the Iurors of the Iury of twenty four Knights aforesaid as the same E. D. and also Lawrence Coddington of C. with eleven other Iurors of the first inquisition aforesaid being solemnly called came not therefore let the same jurors of the jury of twenty four Knights be resummoned that they be here in Octab. Sancti Trinitatis to make the jury of twenty four Knights and that jury of twenty four Knights is respited here untill that Terme and as well the said E as the said jurors of the first inquisition aforesaid are resummoned that they may be here at the same time to hear the said Iury of twenty four Knights the same day is given to the said Earle here c. At which day here came the said Earle by his Attorney aforesaid and the sheriff did nothing therein nor sent the writ thereof therefore as before let another writ thereof be made returnable here 15. Michaelis the same day is given to the said Earl here c. At which day here came the said Earle by his Attorney aforesaid and as well the sayd Edward as the said twelve jurors of the first inquisition aforesaid resummoned Al. resum awarded c. 4 Die pl. being called came not c. and also the jury of twenty four Knights aforesaid likewise being called came not therefore that jury of twenty four Knights is respited here untill Cr. sancti Martini and the sheriff is commanded that he distrain as well the sayd jury of twenty foure Knights that they be then here to make the jury of twenty foure Knights aforesaid A Distring awarded See the like between the parties aforesaid M 9 Iac rot 3127. Br. as the same Edward as the same Iury of twelve jurors of the first inquisition aforesaid that they be here at the same time Auditur Recognitionem illam c. the same day is given to the said Earle here c. and it is to be known that a writ thereof the Iustices here in Court that same Terme have delivered a writ thereof to R. S.