Court with his owne hands the writ aforesaid directed to the said Mayor Aldermen sheriffs in Forme aforesaid The writ delivered in Cou t. The party comes in his proper person Returne de causes And before the said chief Justice by the same Mayor Aldermen and sheriffs the 10th day of Jan. last past retorned and executed and the same cheif Justice hath certified here in court that then and there before the said Châ—ife Justice at his chamber aforesaid came the said P. in his proper person under the custody of the said sheriffs and Martin L. and P. P. Sheriffs of the City aforesaid now retorne that before the coming of the said writ the 15th day of Dec. An. R. c. 12. The same Peter was taken in the City aforesaid and detained in the prison of the said Lord the King under the custody of the said Sheriffs by vertue of a complaint levied against him the same day and year in the Court of the Lord the King held before the same M. L. by the name of Peter Furbusher Gent. at the suit of H. R. in a plea of Trespasse 1 Cause in a plea of Trespass Damages 40 l. to the Damages of forty pounds the said Peter was also detained by vertue of a complaint against him 20 Ja. praed levaet in the Court of the sayd Lord the King held before the said Martin Limny by the name of P. F. at the suit of Alexander Ratcliffe in a plea of Debt upon demand of sixty pounds 2 Cause in debt for 60 l. and so recite all the causes whereof the partyes aforesayd have pleaded and so depend undetermined and that these were the causes of taking and detaining of the sayd Peter in the prison aforesaid whose body they have ready as by the sayd Writ to them it is commanded c. whereupon the premisses being seen and by the said cheife Justice then and there fully examined and understood The party and She iffs are discharged it seemed to the said cheif Justice that the sayd P. ought then and there to enjoy the liberties and priviledges aforesaid whereupon the same Peter was then and there dismissed from the custody of the said Sheriffs by the said cheif Justice Vpona forraign Attachment accordingly 1 H 15 Elâ—â—t 588 and the same Sheriffs then and there were discharged by the same cheif Justice from his custody and hereupon the same P. and R. H. of Stepney c. and I.B. of the same Dyer undertook and every of them did undertake Mâ—ch 8 and 9 El. rot 329. Entry of a priviledge for diverse causes and the bail entred severally and there rot 1754. Recognizance to appear to Writs or Actions to be brought Note that in this case the Originall ought to be brought the next Terme ensuing but in a reversall the plaintiff hath liberty of two Termes to bring his Writ to wit the same P. in the summe of one hundred and twenty pounds and the same R. and I. severally in the summe of sixty pounds at the suit of Alexander Ratcliff and Sic de ceteris c. That the said P. should appear here in Court in his proper person or by his sufficient Attorney in Law and answer to the severall Actions or Writs of the same H.R. c. against the same P. of and upon the severall pleas aforesaid before 15 Pasch then next coming to be brought and prosecuted here in Court and also if it shall happen judgment after the apperance of the sayd P. here in Court made in the same pleas for the same H. and A. and against the said P to be given to satisfie the same H. c. of their Damages and the sayd Alexander of his Debt and Damages for the same H. c. and A. against the same Peter in the same Court here to be recovered or adjudged in the pleas aforesaid or that the same P. render himself to the prison of the Fleete of the Lord the King for those occasions which sayd severall summs by the said Manucaptors in forme aforesaid acknowledged the same Manucaptors acknowledge to be made of their Lands and Chattells and which sayd severall summs by the same P in form aforesaid acknowledged the sayd Peter acknowledgeth to be made of his Lands and Chattells and to be levied to the use and behoof of the sayd H. and A. in form aforesaid if it happen the same P. make Default in any of the premisses and in lawfull manner to be convinced thereof Brownlow T 41 Eliz. rot 1229. ss That the said R shall appear here in Court in his proper person or by his sufficient Attorney in Law to the Action or Writ of the said A against the said R. of and upon the cause aforesaid before such a day to be brought and prosecuted in Court here and to answer to the said A. in the plea aforesaid and also if it happen c. Entry of a priviledge returnable immediat in banck H 12 Jac. rot 2262. Brownlow As before in the president for P.F. untill or one of them should have before the Justices of the Lord the King here to wit at Westminster immediatly after the receit of the said Writ that the same Justices of the said Lord the King seeing the cause aforesaid c. untill the end of the Writ Afterwards to wit the ninth of February that same Terme came here into Court the same Michael in his own person under the custody of the Bailiff of the Marshall and Judges c. And recite the Return of the Writ whereupon the premisses being seene and by the Justices here fully examined and understood it seemeth to the said Justices here that the sayd M at present ought to enjoy the liberties and priviledges aforesaid and so as in the president before Alit T 14 Eliz. rot 1288. Divers causes returned wherein are diverse Complaints in Trespasse and debt and the Entry is that he shall appear in Court in his proper person or his sufficient Attorney in Law of and upon the severall Actions of and for the summs aforesaid against the same W. by the said T. M. and M. or any of them before 8 Michaelis next coming to be brought or prosecuted here in Court severally to the same T. M. and M. or either of them in the said Court here in the severall pleas aforesaid P. 28 Eliz. rot 328. the like against the said W. severally to be recovered or adjudged or that he the same W. render himselfe upon that occasion or occasions to the prison of the Fleet of the Lord the said King which sayd summ of fifty pounds to wit twenty pounds thereof the same T. ten pounds to the said M and O. to the sayd I. I. acknowledged every of them acknowledgeth severally to be made of their Lands and Chattells and to the use c. Speciall Amerciament of the Sheriff for not returning of a Writ of Habeas corpus in debt after
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 same Edw. Osbalston or any other person for the same R. M. W. M. and I. M. upon the utlawry aforesaid was ever prosecuted as by due Search in this behalfe made to the Court here plainly appeareth Notwithstanding the same Edward Osbalstone the said false and forged writ afterwards with the seale to seale writs in the court here caused to be sealed And the same to the said sheriff of Surry to wit to Richard Brown Esq as a true writ delivered by colour or which said false and forged writ the same sheriff delivered the same Io. Michell out of prison aforesaid to the great scandall of the Lawes of the Lady the Queen now and the deceit of the said Queene and of the Court here and great delay of the said Io. Vernon and Richard Carter in their suit aforesaid whereupon the said Ed. O. being present here in Court and by the court here examined whether he made the said false writ in Forme aforsaid or not saith that he cannot gainesay but that he made the said false writ in form as aforesaid as is above alleaged hereupon the same Edward O. is committed to the Prison of the said Lady the Queen of the Fleet there to stay untill c. and afterwareds to wit the 30. day of Jan. that same Terme came there in Court the same Ed. O. in his proper person under the custody of the Warden of the prison of the Fleet brought and being asked how he would excuse himselfe of the premisses saith that he cannot gainsay but that he is guilty of the premisses aforesaid as it is above alleaged against him and therein puts himselfe upon the favour of the Court here whereupon for that it seemeth to the Court here that the said Ed. Osbalston the said false Writ not only out of negligence but out of malice voluntary fraud and falsehood caused to be written and made therefore it is considered that the same Edw. in his Office of attorney in the Court here from henceforth shall not intermedle but shall loose all his Priviledges therein that his name shall presenty be taken quite from the attornies and that he from the Court here before judged and put out of the Barr of the Court Roll here and that hee make a Fine with the Lady the Queen for his falsehood aforesaid at C. and also that afterwards the same Edward after he is put out of the bar here shall be led by the warden of the Fleet through the hall here into the Court of the said Lady the Queen to hold Pleas before the said Lady the Queen commonly called the Kings Bench that the Justices of the said Lady the Queen there having notice of the falshood of the said Edward before by the command of the Court here might command the same Edward in as much as the same Edward c. in nullo sed intromittas And immediatly is brought back from the same Court through the hall there by the same Warden of the Fleet into the Exchequer of the said Lady the Queen before the Barons there that the same Barons likewise taking notice of his falshood c in that Court T 20 H 6. f 37 Pl. 6. br attorny 70. in nullo se intromittat c. And further the same Edward by the command of the Justces here took his Corporall oath in these words This heare you Justices that I. E. Osbaston late one of the Attornies of this Court having my name by you for divers my misdemeanours by me committed in the exercise of my said Office justly drawne out of the Roll of Attornies And forejudged this Court from the exercise of the same Office shall not from henceforth directly or indirectly as an attorney pursue defend or otherwise intromit in any action suit or Canse in this court here or in any other of the Queens Majesties Courts at Westminster so help me God and the contents of this book whereupon the same Edw. to the terror and example of others in the like case offending by the cryers of the same Court was put out of the Court here beyond the Barr c. P 7. H. 7 Rot. 1. 34. In the Kings Bench Angl. ss Forindger of a Philizer of the Kings beâ—â—h no aâ—tending his Office in person Be it remembred that it seemeth to the Court of the Kings here before the same King and it is plainly knowne to the same Court that Phillip Wharton otherwise called Philipp Wharton who is possessed of an Office of the Filizer of writs of the same Court of the Countyes of Cornwell Glos hereof the towne of Glou. and the towne of Bristoll and for 6. yeares and more last past was possessed that Office within the space of two yeares and divers Terms before hath not personally occupyed as he of right and according to the custome of the Court aforesaid ought and for that the same Philip in the Terme and Yeares aforesaid was not vexed with any such disease or infirmity but that he might fitly in person attend the Office And the same Court of the Lord the King here by diligent examination in that behalfe had manifestly appeareth And also for that the same Philip was often times admonished by the said Court of the said Lord the King according to the custome of the said Court personally to attend that office and never offered himself nor offers to exercise and occupy the same office but himselfe from personall exercising of that office by a long time now elapsed being in no wise licensed hath absented himselfe Therefore by the advice of the whole Court of the Lord the King aforesaid the same Phillip divers daies and times in the same Terme and other Termes past being solemnly called according to the custome of that Court personally to exercise and occupey that office appeared not that the said office for default of the said P. remaineth in nothing executed observed for which it is considered in the same Court that the same Philip from the said Office and from further exercising and occupying of the same from henceforth forever be forejudged which said default upon him by the Court here at the end of the same Term to wit the fourth day of the Plea de 15. S. Ioh. Bapt. which said fourth day that Court untill the 8. S. Mich. next following is adjorned is Recorded c. see in the title Commitment an ordinance made 35. Hen. 6. Fine quashed upon the examination and inspection of the Infant by him acknowledged upon dedimus potestatem which was not admitted to be recorded P 4. Ia. Rot. 1409. Brownlow Derb. ss Be it remembred that the 29. day of May that same Terme it seemed to the Court here aswel by the inspection and veiw of the body of J. Zouch the younger Esq then present here in Court in his proper person as by the examination of divers faithfull witnesses then and there examined upon their oath and other lawfull Proofes in that behalfe in
in Labours Suits Delayes and Expences be thereof levied c. and in as much c. hee make appear here 15. Trinitat c. Mittimus T 3. Jac. rot 24 10. Entry of a Mittimus of the Record and proceedings Which was removed out of another Court by a certiorare out of the Chancery and sent to the Justices of the Bench. The Lord the King sent to his Iustices of the Bench here his Writ closed in these words James by the Grace of God c. To his Justices of the Bench greeting The Record and proceedings in a certain plaint which was in the Court of our Honor and Castle of Windsor before our deare Cosen and Counsellour Charles Earle of Nottingham of the noble Order of the Garter Knight Admirall of England Constable of our honorable Castle aforesaid and keeper of the whole Forrest of the same or to his Deputy of Keeper of his place there without any writ between William R. Esquire and J. M. Gent of cattell of the same W. taken and unjustly detained as is said by Jo. Trevor Knight Deputy of the same County by vertue of our writ of Certiorare to you into our Chancery certified we send you in these presents inclosed commanding you that the Records and proceedings of the plaint aforesaid being inspected you further do therein at the prosecution of the same James what of right and according to the Law and custome of our Realme of England is to be done Teste c. James by the grace of God c. To our dear Cosen c. greeting we willâ—ng for certain causes to be certified by the Record and proceedings in a certain plaint which is before you in our Court of the Honour and Castle aforesaid without out writ between W.R. Esquire and I Moor of cattell of the same W. c. we command you that the Record and proceedings in the plaint aforesaid with all things touching the same by whatsoever names the parties aforesaid in the said plaint are distinguished to us into our Chancery wheresoever it shall then be under your seale without delay you distinctly and plainely send and this VVrit c. Note Nota. That if the Record had been sent to the Justices of the common Bench they could not have proceeded upon the Tenor of the Record but upon the Return sent c. H 17 Eliz rot 939. Nota. Cause certified into the Bench was removed by a procedendo because the monies in the plaint amounted not to 40 s. T 20 Jac rot 3371. Brownlow The Lord the King c. The Tenor of the Record and proceedings c. We send to you inclosed in these presents and so recite the Certiorare which is we willing for certaine causes to be satisfied upon the Tenor of the Record c and the plaint c And now here to wit at Westminster in Cr. Trin. that same Term came as well the said Plaintiff by T. R. his Attorney as the said Defendant by F. M. his Attorney and the Writs and Return aforesaid being seen and by the Justices here fully understood and examined to the said Iustices here it sufficiently appeareth that the Court here upon the Tenor of the Record aforesaid cannot proceed Therefore it is considered that the said Mayor and Burgesses of the Burrough of N aforesaid in the plaint aforesaid according to the Law and custome of the Burrough aforesaid at the prosecution of the said William may proceed with effect and to the parties aforesaid full and speedy Iustice therein according to the custome of the Court aforesaid may exhibit c. betweene C. and A. Ne Exeat Regnum Ne exeat Regnum M 7. H. 6. rot 600. or 606. Security found that he depart not the Kingdome Nvsance Selde M. 8. Car. Regis rot _____ To the Sheriff of Middlesex greeting whereas of late we have made publick Proclamation amongst other things that none should erect any Walls whereupon _____ might be super added within our City of London or the Subburbs of the same or within the distance of three thousand paces of any of the Gates of the same City or from the Palace of Westminster license from our Commissioners assigned to oversee the buildings in those parts not before had Notwithstanding Thomas Ford late of the parish of Saint Andrew Holborne in your County Yeoman contemning our commands promulgated license of our Commissioners not before had in a certaine Feild in the Parish of Saint Clements Danes without Temple Bar London Selde on the south part of the ancient Inne called Clemants Inne of a long time appointed for the Residence of men incumbent in the study of our Lawes a certain wall to which _____ may be superadded of Brick Lime and Sand to erect and part of the same Feild intendeth to inclose as an ally or common place to bowle in And the foundation of the same Wall hath now laid and more Brick Lime and Sand for further progresse in the same Wall hath here also put and hath ready as it is said and if that place should be also inclosed It would happen that the Students of that Inn incumbent in the same in the study of our Lawes with the Clamors and noise of men resortng to that place would be so much disturbed that they could not Follow their Studies We to observe our commands and willing to regard the quiet and tranquility of the students aforesaid that they should not be diverted from their Studyes Command you that you omit not for any liberty of your county but that you command the said Thomas on our behalfe that from further building of the wall aforesaid he be altogether superseded and the wall begun and the Foundation of that wall by him in the place aforesaid put he cause to be demolished upon the danger to follow Test 19. Nov. Car. T. C. C. S. Cartwright Originall M 18. H 8. Rot. 2. ss An originall Writ out of the Chancery at the Suit of the party directed to the Justices of the Common Bench to stifying that he is a Lord of the Parliament that they should make no other proces against him onely such as are made against the Peeâ—s of the Land The Lord the King sent to his Justices of the bench here his writ closed in these words Henry the 8. by the grace of God c. To his Justices of the Common Bench Greeting we command you that if Edward Sutton of Dudly in the County of Staff Knight be impleaded before you at the suit of any one in a personall action you cause so to be made against him such Proces and no other in the action aforesaid as ought against Lords Peeres Earls and Barons of this our Kingdom of England which ought to come to our Parliaments upon our summons or any of them as according to our Lawes and Customes of the Realm of England ought to be made Because we record the same Edward one of the
of the Rolls of our chancery allowed c. Entry of a writ of attachment of priviledge in the Common Bench for an attorney of the same Bench in debt against 2 severall persons severally M 19 Iac. rot 2948 Brownlow Lincolne ss The Sheriff was commanded that he should attach T B. clerk and L E clerke so that hee should have them here upon Satturday next after the morrow of all Soules to answer R Clarke Gent. one of the Attornyes of the court of the Lord the King of Common Bench here according to the liberties and priviledges c. in a plea of Debt severally And now here at this day came the said Robert in his proper person and offered himselfe against the said T and L in the plea aforesaid and they came not and the sheriff to wit T T Esquire now returneth that he by vertue of the writ aforesaid to him directed tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready as by the said writ it was commanded him Cedi corpus returned and because the same sheriff the bodies of the same T and L now here at this day hath not ready therefore the same sheriff to wit the same Tho. T Esquire in mercy c. and he is fined by the Justices here at forty shillings and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san Martini the bodies of the same T and L whom c. to answer to the same Robert in the plea aforesaid and the same sheriff to wit T.T. Esquire now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne so languishing that he could not have their bodies here at this day without perill of death as by the said writ it was commanded him c. And hereupon in the same Court of the King here on the behalfe of the said Robert it is testified that the same T and L are sound and whole and able to travell therefore it is commanded the same sheriff that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary bringing with him the same T and L whether they be found or infirme to answer to the same Robert in the plea aforesaid and that he omit nothing herein under the penalty of 20 l. which if he shall not do the sheriff shall know he is to loose c. Duces recum awarded under the penalty of 20 l. Procedendo H 35. H. 8. Rot. 318. ss A Procedend awarded in a plea of lands to be removed out of an inferiour Court by Recordare Whereupon the cause aforesaid being seen alleaged by the same B. to remove the Plaintiff aforesaid in the writ aforesaid above specified It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B of her mannor of B. with the Soke aforesaid in the court of the same E. B. and upon the plaint aforesaid ought to proceed c. Therefore it is considered that the said Brian notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed he may proceed in the plaint aforesaid with effect And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid c. M 8. H. 4. Rot. 114. Procedendo Rege inconsulto In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant by act of Parliament that the Tenements of the demandant came to the Kings hands and prayeth judgment si Rege in consulto c. And the King sent his writ de procedendo therein directed to the Justices that the Tenant plead de novo with the demandant c. H 13. Jac. Rot. Brownlow London ss A Procedendo after much debate granted upon a speciall return made upon a Hab. cor upon the custom of London concerning Prentices their ages and their Indentures between them and their Masters Indenture void if the Prentice be not of the age of fourteen years when he was bound An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice c. Test 28. Nov. 13. Iac. by H. Hobert Execution c. ss London ss we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew London do certifie that c. Prohibition BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand Prohibition to the Court of Stanneries in the County of Cornw for holding plea of maters which contcern the Stanneries Suggestion That whereas by the lawes statutes of the Realme of the Lord the King of England it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall or Keeper or Keepers of his place for the time being may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries neverthelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I against the lawes of the Realm of the Lord the King of England In the stannary court of the Lord the King of F in the said county of C before the Substeward of the Stannary Court aforesaid or deputy or Keeper of his place in the Court aforesaid or any of them in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon supposall that the said L. was receivour of the monies of the said I. C. the Father and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M to render an account thereof to the said I. C. drew into plea And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses and to answer the said C. of and upon the premisses
which day the Defendant pleads no award made generally The plaintiff pleads an award and sets forth a breach Causes of demuâ—rer that the Defendant at Midsomer 1621. did not pay 14 l. of an Annuall summe of 14 l. by the award yearely to be paid the Defendant demurs for two causes 1. for that the plaintiff hath not set forth any sufficient breach of the award 2 for that the award for payment of the said 14 l is void Joinder in Demurrer Entry of a writ of Testat Sci fac against Ter tenants who appear upon the Sheriffs return and say that there is another Tertenant in an other County non praenuncit and pray that they may not answer to the wâ—it of Sci fac brought against them usque alius pâ—aemuniatur T 20. Jac. R. Rot. 3047. Brownlow Otherwise as it appeareth Mich. 19. Jac. Rot. 939. It is thus contayned otherwise as it appeareth M. 19. Rot. 1637. It is contayned thus London ss It was commanded the sheriffs whereas V. Norrington latly in the Court of the Lady Elizabeth late Queen of England to wit in Mich. Term An Regni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Towne of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Vin in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detayning of that Debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at Westminster remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And aswell the said Earl as the said Vincent are dead As by the information of I. A. and Sarah his wife administratrix of the â—â—â—ds and Chattells which were of the said Vincent by Joan Norrington â—â—te Executrix of the Testament of the said Vincent not administred the King understandeth and because c. that by honest c. They should make knowne to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queene 35. which day the judgment aforesaid was given or at any time afterwards that they should be here at this day to wit tres Trin. to shew if any thing c. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendred to the same Iohn and Sarah according to the Form of the recovery aforesaid if c. And now here at this day came the same Iohn and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea aforesaid And they being solemnly called came not and the sheriff to wit R D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earle at the same time of the judgment aforesaid given Testat Sci fac or any time afterwards in their bayliwick to whom or to which they could make known And hereupon it is testified in the same Court of the said lord the King here that there are divers Tenants of lands and Tenements which were of the said Earle at the time of the judgment aforesaid given and afterwards in the County of North. to whom he may make knowne Therefore it is commanded the sheriff of North. that by honest c. that hee make known to the Tenants of the lands and Tenements which were of the said Earle at the time of the judgment aforesaid given or at any time afterwards in his bayliwick that they be here in 8. S. Mich. to shew in Form aforesaid if c. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid as Iohn Earle of Bridgwater and Francis his wife premonished c. by William Cragg their attorney and the sheriff of the said County of North. to wit Lodowich Pemberton Knight now retorneth that he by vertue of the Writ aforesaid to him directed by William Smith and Thomas Allen honest c. made knowne to the said Iohn Earle of Bridgwater and Francis Tenants of 2. Messu 1. Cottage 100. acres of land 20. acres of Meadow and 100. acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. Tertenants of divers lands returned of the lands and Tenements which were of the said Fardinand Earle of Darb. of which the said Earle was seised in the Cr. Anim. An. 30 abovesaid of being here at the same Oct. S. Mich. to shew in Forme aforesaid c. And that there are no other or more Tenants of any lands or Tenements which were of the said Earle at the said Cr. Anim. or any time afterwards in his bayliwick to whom he can make knowne And hereupon the same Iohn Awbery and Sarah say that the administration of all the goods and Chattels which were of the said Vincent at the time of his death by the same Joane Norrington not administred by George Arch-Bishop of Canterbury of all England Primate and Metropolitan the 12. day of November An Rs. nunc 12. at London in the parish of S. Mary Bow in the Ward of Cheap after the death of the same Joane to the said Sa. were committed And they bring here in the Court lit Administrator of the said Arch Bpp which the commission of the Administration aforesaid in Form aforesaid testifies c. pray execution against the said Earle of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances in Forme aforesaid to them to be adjudged c. And the Earle of Bridgwater and Francis pray licence therein to imparle here untill 8. S. Hill And have it c. the same day is given to the same Iohn Awbery and Sarah here c which imparlance is continued untill Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth And the same Earle of Bridgwater and Francis say that the same I. A. and Sarah ought not to have execution against them for the debt and Damages aforesaid because they say that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earle and Francis to wit the first day of Iune An. Rs. c 19. one Christopher Earle Esquire was and yet is Tenant as of Fee Tenant of the mannor of S. M. with the appurtenances in S. M. in the county of Dor. and of 20. Messuages 20. Gardens 20. M. 11 Edw. 3. Fitz. brev 266. such plea is adjuâ—ged good Orchards c. with the appurtenances in S. M. aforesaid whereof the same Fardinand late Earle of Darb. in the