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
and lawfull Knights of his County and in his proper person came to the same Court of the said G.W. and in full Court there held the tenth day of May An. c. 13. abovesaid and caused to be recorded the Plaint aforesaid which was in the same Court without the Writ of the said Lady the Queen between the parties aforesaid in the Plea aforesaid And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court of those who were present at the same Record And had prefixed the same day to the parties aforesaid that they should be here to proceed in the same Plaint as shall be just And now here at this day came as well the same Marquesse by Rich. Lee his Attorney as the same Eliz by W. Plomer her Attorney Judgment that the cause is insufficient to remove the cause and a writ of Procedendo is granted whereupon the cause aforesaid being seen in the Writ aforesaid recited It seemed to the Justices here that cause to be insufficient in Law to remove the Plaint aforesaid out of the same Court of the said G.W. of his Mannor aforesaid And that the Court of the Queen here ought not to take Cognizance of the Plea therein And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid Therefore it is considered that the same Bayliffs notwithstanding the Writ aforesaid in the Plaint aforesaid according to the Law and Custome of the Mannor aforesaid at the prosecution of the said Marquesse proceed with effect and that they exhibit to the parties aforesaid full and speedy Justice therein according to the custome of the Mannor aforesaid c. P. 11. Iac. Rot. 2215 ss Entry of a writ of Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damages in the plaint are under 40 â— The Lord the King sent to the Sheriff of Lincoln his Writ closed in these words Iames by the Grace of God c. to the Sheriff of Lincoln greeting We command you that taking with you four discreet and lawfull Knights of your County In your proper person come to the Court of Edward Dymock Knight of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court without our Writ between I. c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said And have that Record before our Justices at Westm Mense pas under your Seal and the Seals of four lawfull men of the same Court who shall be present at that Record and that you prefix the same day to the parties that then they should be there to proceed in the same Plaint as shall be just and have you the names c. Teste c. because the same Defendant for the favour which the same Plaintiff hath in the same Court cannot have Justice there as it is said Let execution be done upon that Writ if the cause be true and the same Defendant shall desire it or otherwise not And now here at this day to wit at the same Mens pas I. L. Knight Sheriff of the County aforesaid returned that he by vertue of the Writ aforesaid took with him I. D. R. R. I. D. and F. Fenn four discreet and lawfull men of his County in his proper person came to the Court of Edward Dymock aforesaid and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ And the Record thereof hath before the said Justices here at the same Mens pas under his Seal and the Seal of I. Hart R.S.I.N. and W. Stoke four lawfull men of the same Court who were present at that Record and prefixed the same day to the parties that then they should be here to proceed in the Plaint aforesaid as should be just Horncastle cum Soca ss At the Court of Pleas of Edward Dymock Knight Tenant or Farmer of the Reverend Father in Christ H. Bishop c. held such a day and year c. T. complaineth against W. late of c. of a Plea of Trespasse upon the case Pledges to prosecute Io. D. R.Ro And now here at this day came the same T. by R.O. his Attorney Cause alledged for a Procedendo because the damages exceed not 40 s. and the Common Bench cannot take cogâ—izance of the plea. and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings And for that cause prayeth a Writ of the Lord the King de procedendo in this behalf to be granted him And because the same W. nor any other on the behalf of the said W. came not nor alledged any thing in Court here to the contrary for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint do not amount to forty shillings in which case it belongeth not to the Court here to hold Plea thereof It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid may further proceed in the Plaint aforesaid between the parties aforesaid Therefore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid that they further proceed in the Plaint aforesaid according to the law and custome of his Soak of the Mannor aforesaid the same Writ of the said Lord the King Procedendo awâ— ded non obstante c. before therein to the same Sheriff directed notwithstanding And that they exhibit full and speedy justice therein to the parties aforesaid according to the Law and custome of his Soak of the Mannor aforesaid should be to be done c. Allowance H. 3. I. Rot. 220. c. Brownlow Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity The Lord the King sent to his faithfull and beloved George Kingesmill Knight one of the Justices of the said Lord the King of the Common Bench his Letters Pattents in these words James by the Grace of God of England Scotland France and Ireland King Defender of the Faith To the Treasurer Chancellor Chamberlain and Barons of our Exchequer And also to our faithfull and beloved George Kingesmill one of our Justices of the Common Bench greeting Know yee that we considering the debility of the body of the said George K. broken with infirmities and old age And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench which he is wont to undergo as in the Letters Patents c. And
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
may be spared about the Issue of the Country in this behalf to be tryed prayeth himself to be admitted to make a Fine with the said Lord by occasion of the premisses c. And hereupon the said T. R. found pledges in Court here to the said Lord the King for that contempt to wit T. S. and R. C. whereupon the Justices of the Lord the King here do assesse the Fine of the said T. R. by occasion of the Premisses ad propert sup dict Therefore the said T.R. of that contempt be quiet and go thereof without day c. P. 3. Ca Reg. rot 42. amongst the Pleas of lands Brownlow The admission of the third Prothonotary unto his Office Be it remembred That the seventh day of May that same Tearm Thomas Richardson Knight chief Justice of the Lord the King of the Common Bench here freely granted to R. M. Gent. one of the Clerks of Richard Brownlow Esquire chief Prothonotary of the Court of Common Bench aforesaid here the Office of the third Prothonotary of the Bench aforesaid here now being void by the death of Thomas Waller Esquire late third Prothonotary of the same Court of the Bench aforesaid here And admitted the same Robert to that Office to have hold and enjoy to the same Robert for term of his life as his free Tenement according to the custome of the Court aforesaid from the time whereof the memory of man is not to the contrary used and approved And also the same Robert as wel the Oath of the Kings Supremacy according to the form of the Statute in this case made and provided as his corporall oath well and faithfully to carry and behave himself in the same Office before hand taken as the custome is into corporall possession of the same office put and instituted to hold occupy and enjoy the same in form as aforesaid so fully and wholly and in the same manner and form Vad. as the same Thomas Waller late had and occupyed the same office perceiving in the same office Wages Fees Profits Commodities and Emoluments to the same office due and accustomed c. T. 12. Ed. 4. Rot. 494 Copley Midd. ss The admission of the second Prothonotary unto his Office Be it remembred that William Comberford lately having and occupying in the Court of the King here the Office of one of the Prothonotaries of this Court the same to wit the office which Thomas Brown during his life-time in time past and immediatly before the same Thomas Brown had exercised and occupyed and which said office William Wakefeild during his life time in time past and immediatly before the same Thomas Brown had exercised and occupyed the eleventh day of June that same tearm died after whose death that office was vacant and continued so vacant until the fifteenth day of June then next following which said fifteenth day John Fogge Knight chief Clerk of the Lord the King and Keeper of the Rolls of the said Lord the King of this Court to whom by reason of that office the Donation or Presentation of one of the Prothonotaries of this Court is known of right to belong Came here in Court in his proper person and gave to the Court here to understand that the said office of one of the Prothonotaries by the death of the said William Comberford was void and gave and granted to Roger Brent and constituted and ordained him to have and occupy that Office And the same Roger being in his proper person to be admitted to the said office was presented to Thomas Bryan chief Justice of the Lord the King of this Court to whom by reason of his office belongeth the admission of every person to the same office whensoever it is void by the chief Clerk of the Lord the King and keeper of the Rolls and Writs of the said Lord the King of this Court for the time being present requiring the same chief Justice that he would admit the same Roger to the said office of one of the Prothonotaries and that he would think worthy to put in full possession of the same And hereupon the same chief Justice here in the premisses by mature deliberation and advisement And as well to the ability as to the long and tedious continuance attendance and exercise of the said Roger in this Court consideration and respect being had admitted the same Roger to that office and swore him well and faithfully to occupy and exercise the same office and put the same Roger into full possession of the same office to have and exercise the same to the said Roger for tearm of his life as fully and entirely and in the same manner and form as the same William Wakefeild T. B. and W. Comberford or any of them or any other the said office before their times had and occupyed receiving in the same Wages and Fees Profits Commodities and Emoluments to the same office due and accustomed Accedas ad cur to remove a plaint cut of a Court Baron c. and a Procedendo granted for that the cause is sufficient to remove the plaint and the Common Bench will not hold plea thereof M. 13 44. Eliz. Rot. 2175. T 18 Iac. Rot. 1959 H. 9 Jac. Rot. 2008 1425. Accedas ad Curiam T. 13. Eliz. Rot. 1276. ss The Lady the Queen sent to the Sheriff of Southampton her Writ closed in these words Elizabeth c. That taking with you four discreet and lawfull Knights of your County In your proper person you come to the Court of Gabriel White Esquire in O. in full Court there and cause to be recorded the Plaint which is in the same Court without our Writ according to the custome of the same Court between William Marquesse of Winchester and the Lady Eliz. Warham Widow of a certain Trespasse to the said Marquesse by the same Eliz. done as is said and bring that Râ—cord before our Justices at West in Cro. Trinitatis under your Seal and the Seals of four lawfull men of that Court who shall be present to the same Record and that you prefix the same day to the parties that they should be then there to proceed in the same Plaint as shall be right And have you there the names of the same four lawfull men and this Writ Witnesse our selfe at Westminster the eigth day of May An. c. 13. because the same Eliz claimeth to hold the Tenements wherein the Trespasse aforesaid is supposed to be done by the Common Law Cause and not according to the custome of the Mannor of O. for which that Plaint in the same Court ought not further to be drawn let execution be done upon that Writ if the cause be true and the same Eliz. shall desire this or otherwise not By vertue of which said Writ G. Wells Esquire Sheriff of the County aforesaid now here at the said Cro. Trinitatis returned that he took with him S. C. I. H. G. H. and I.H. four discreet
follow in these words Henry by the Grace of God c. to the Sheriff of Kent greeting whereas in the Statute in the Parliament of the Lord Henry late King of England our Father at Westminster lately held amongst other things it was ordained and established that such who are Sheriffs Bayliffs for one year should not be in any such Office for three years next following except Sheriffs Bayliffs whose Sheriffaldries are Hereditary And you by your Oath lately taken are bound firmly to observe the statute aforesaid And we have understood that N. K. one of your Bayliffs of your County which Sheriffraldry is not hereditary to you as it is said hath continued by more years in the same Office against the form of the statute aforesaid we willing inviolably to observe the statute aforesaid command you as other times we have commanded you that if it be so that then you remove without delay the same N. from his said Office and suffer him not further to execute in the same Office in the County aforesaid against the form of the statute aforesaid or signifie the cause to us wherefore you have non-obeyed our command at another time therein to you directed Teste humfr Duce Glouc. Keeper of England at West 17. Febr. An. Reg. nostri 9. Capias ad Satisfaciendum Entry of a Testat Casam for residue of a debt whereof parcell was levied upon a Testat Fi. fac Here the return of nulla bona by the Sheriff of Wilts is not recited which ought to have been Parcell levied nulla bona returned P. 6. H 8. rot 158. T. 5. Eliz. rot 381. Cap. after Elegit after an nihil is returned Non invent returned Testat casam awarded to the Sheriff of Glouc. T 13. Jac. Rot. 632. Brownlow C. Glouc. ss The Sheriffs were commanded that of the Lands and Chattels of R.F. c. otherwise called c. Gent. they would cause to be made as well a certain debt of a hundred and sixty pounds which R. F. in the Court of the Lord the King now here recorded against him as eighty shillings which to the same R. in the same Court of the Lord the King here were adjudged for his damages which he had by occasion of detaining of that debt And that he should have those monies here at this day to wit in Cro. Trin. to render to the same R. for his debt and damages aforesaid whereof he was convicted And now here at this day cometh the same R. by J. T. his Attorney and the Sheriff to wit R.B. Esquire now returneth that he by virtue of the Writ aforesaid to him directed of the Lands and Chattels of the same R. in his Bayliwick caused to be made sixty shillings parcell of the debt and damages aforesaid And further that the said R. had no other Lands and Chattels in his Bayliwick whereof he could make the residue of the debt and damages aforesaid or any parcell thereof hereupon the same R. prayeth a Writ of the Lord the King to be directed to the Sheriff of Witls where his originall Writt first issued to take the said R. to satisfie to the said R. of a hundred and sixty one pounds residue of the debt and damages aforesaid And it is granted to him returnable here Tres Trin. whereupon it was commanded the Sheriff of Wilts that he take the said R.F. if c. and safely c. that he may have his body here at the said Tearm to satisfie the said R. of the residue of the debt and damages aforesaid in form aforesaid And now here at this day to wit tres Trin. came the same R. by his Attorney aforesaid And the Sheriff now returneth that he is not found c And hereupon it is testified in the Court of the said Lord the King here that the said R. doth lye hid and run from place to place in the said County of Glouc. Therefore it is commanded to the Sheriff of Glouc. that he take the same R. if c. and fafely c. so that he have his body here in Cro. Annimarum to satisfie the said R. of the residue of the debt and damages aforesaid in form aforesaid c. Capias pro fine and entâ—y of an Exigent thereupon H. 26. Eliz. Rot. 1737. c. Ford. Angl. ss The entry of an Exigent upon a Capias pro fine T. 26. Eliz. Rot. 2148. c. Ford. Monmoth Lennard Custos br Crompton Chirographer Comâ—osition made by the Justices for Fines in Monmoth a composition made by the Justices for Fines in Monmoth shire SVff ss Hil 41. Eliz. Rot. 2118. ss It was commanded the Sheriff that of the goods and Chattells which were of R. S. of Entry of a Casam after a Fâ—fac and special return de devastavix against the Executrix upon the Inquisition c. at the time of his death in the hands of A. F. and M. his wife Executrix of the Testament of the said R. in your Bayliwick he cause to be made as well a certain debt of sixty pounds which T. B. in the Court of the Queen here to wit at Westm recovered against the said R. Smith as twenty shillings which to the said T. in the same Court of the said Queen were adjudged for his damages which he had by occasion of detaining of that debt And that he should have the monies before the Justices of the Lord the King here to wit at Westm Mens Mich. to satisfie the said T. of the debt and damages aforesaid whereof he was convicted And whereupon it was considered in the same Court that the said T. should have execution against the same A. and M. of the debt and damages aforesaid of the Goods and Chattells which were of the same R. at the time of his death in the hands of the same A. and M. to be administred by default Recitall of the Testat fi fac de bonis testatoris Suggestion de bien And whereupon our Sheriffs of London returned to the Justices here to wit at Westm tres Trin. last past that the said A. and M. had no Goods or Chattells which were of the said R. at the time of his death in their hands in their Bayliwick to be administred whereof the debt and damages aforesaid or any parcell thereof they could cause to be made whereas it was testified in the same Court here that the said A and M. had sufficient of Goods and Chattells which were of the said R. at the time of his death in their hands in your Bayliwick to be administred Vic Mandavit ballino libertatis Nulla bona Suggestion that the Executor wasted divers goods with the intention that execution might not be done whereof they might cause to be made and levied the debt and damages aforesaid And the same Sheriff to the Justices here at that day returned that for the execution of that Writ he had commanded the chief Bayliff of the Lady the Queen of her liberty of
Bury St. Edmund in his County who hath full power to execute all Writs and Warrants within the liberty aforesaid and return of them To which said Bayliff execution of that Writ doth wholly remain to be done for that execution of the same Writ elsewhere out of the said Liberty in his County by the said Sheriff cannot be done which said Bayliff did answer the Sheriff that there were no Goods or Chattells in his Bayliwick which were of the said R. S. deceased in the hands of the said A. and M. to be administred whereof the debt and damages aforesaid or any parcell therof he could cause to be done And because the return aforesaid doth seem to the Court of the Lady the Queen here insufficient and in delay of execution of the Recovery aforesaid to be done And in the Court aforesaid before the said Justices here on the behalf of the said T. it is testified that the said A. and M. divers Goods and Chattells which were of the said K. at the time of his death in the hands of the said A. and M. to be administred have sold and the monies received for those Goods and Chattells have converted to their own uses and the residue of the Goods and Chattells which were of the said R. with intention that the said execution should not be thereupon done by the same A. and M. are eloyned or converted unto the uses of the said A. and M. The Lady the Queen now unwilling that such things which in the Court here are rightly acted and adjudged by art or ingeny to be avoided A Writ awarded to enquire of the wast commands the same Sheriff of Devon that of the Goods and Chattells which were of the said R. at the time of his death being in the hands of the same A. and M. in his Bayliwick he would cause to be made the debt and damages aforesaid if they could be found in his Bayliwick Otherwise it was commanded to the same Sheriff that by the oath of honest and lawfull men of his Bayliwick he should make diligent enquiry what Goods and Chattells which were of the said R. at the time of his death were by the said A. and M after the death of the said R sold eloyned or converted to their own uses And if it shall appear to the said Sherif by that Inquisition that the said A and M the Goods and Chattells which were of the said R at the time of his death to the value of the Debt and Damages aforesaid or of any parcell thereof after the death of the said R. have sold eloyned or converted to their own uses then of the proper Goods and Chattells of the said A and M in his Bayliwick he should cause to be made the Debt and Damages aforesaid to the value of the Goods and Chattells which were of the said R at the time of his death so sold eloyned or converted to their own uses and that he should have those monies here at this day to wit in Oct. S Hil to answer the said T of the debt and Damages aforesaid At which day here came the said T in his proper person And the Sherif now returneth that the said A and M have no Goods nor Chattells which were of the same R S at the time of his death in his hands to be administred whereof the Debt and Damages aforesaid or any parcell thereof could be made And the same Sherif further returned here a certain Inquisition taken at St. E B in his County the sixteenth day of January An 41. Eliz Reg before the same Sherif by vertue of that Writ by the oath of twelve honest and lawfull men of his County who say upon their oath that the said A and M have sufficient of the Goods and Chattells which were of the said R S at the time of his death in their hands to be administred to satisfie the Debt and Damages aforesaid And that the same A. and M. have sufficient of the goods and chattells which were of the sayd R. S. at the time of his death in their hands to be administred to satisfie the debt and damages aforesaid Devastavit found by Inquisition and that the same A and M. the same goods and chattells have sold eloyned and converted to their own uses and that the same A. and M. have no proper goods or chattells in his bayliwick whereof hee could make the debt and damages aforesaid or any parcell thereof therefore it is commanded the Sheriff that he should take the same A and M if c. And safely c. so that he might have their bodies here A die Pas in fifteen dayes to satisfie the said T of the said Debt and Damages aforesaid c. Pettifers case Coke 5 fol. 32. Where such course is adjudged ill and erronious such a president is in Mich. 2. Jac. rot 1756. Quaere if this form be usuall or not because the case aforesaid is adjudged to the contrary H 7 Iac. rot 904. Brownlow London ss It was commanded the Sheriffs Entry of a writ of Testat ca. sat in the County Palatine after resort upon a Devastavit returned against the Executors upon a Testat fi fac de bonis testatoris Entry of a fi fac de bonis testatoris Nulla bona testatoris returned that of the goods and chattells which were of T L late of c. otherwise called c. at the time of his death in the hands of F L late of c. Executor of the Testament of the same T being in your bailiwick you cause to be made as well a certaine debt of one hundred seventy three pounds eighteen shillings four pence which Francis Nedham in the Court c. as forty shillings which c. If the said Francis Looker hath so much goods and chattells which were of the said T at the time of his death in his hands to be administred and if he have not then the damages aforesaid to be levied of the proper goods and chattells of the said Francis Looker and that they should have those monyes here at this day to wit in Oct. ab S. Hillarii to render to the said Francis Needham for his debt and damages aforesaid whereof hee is convicted and now here at this day came the said Francis Needham by Iohn Gulston his Attorney and the Sheriffs now returned that the said Francis Looker hath no goods nor chattells in their Bailiwick which were of the said T at the time of his death in his hands to be administred whereof the debt and damages aforesaid or any parcell thereof could be made or levied nor any proper goods or chattells in their Bailiwick Testat fi fac awarded whereof they could make or levy the damages aforesaid or any parcell of them And hereupon it is testified in the Court of the King here that the said Francis Looker hath sufficient goods and chattells which were of the said T at the time of his death
c. And the Kings Attorney informed against him for Forging of Writs and counterfeiting the Seale of the court And Pecock confessed the Forging of Writs but denyed the counterfeiting of the Seale but sayd that the writs were sealed with the Seale of the Kings Bench by the Keeper of that Seale of Fraude c. Ignorantly And he is committed c. Commitment for making of a faigned writ of Supersedeas assevering that he was one of the Judges servants whereas he was not Commitment to the Fleet up on a Cepi corpus upon a Capias velagat with a remittitur into London to answer a plaint there wherewith hee is charged after which the outlawry is discharged and security given in Court to answer the Plaintiffs upon a writ thereupon in debt Commitment to the fleet of one in execution upon a judgment in the Bench. M 8. H. 7 rot 419. the court is informed of a fictitious writ of Supersedias of Privilege for one assevering himselfe to be one of the Judges servants where he was not so And upon examination thereof he is committed to the Fleet And a Fine put upon him to twenty shillings P 19. Eliz. rot 2. ss It was commanded the Sheriffs of London that they should not omit c. but that they should take R. F. of c. Utlawed in London such a day at the suite c. And now here at this day came the same R. to the custody of the said Sheriffe brought here to the Barr And the same Sheriffs to wit A B now returne that they tooke the body c. The said Sheriffs also returned that the sayd R. is detayned in their custody by vertue of a certaine plaint against him the 10 day of May last past levied in the court of the Lady the Qu. before the said A. one of the Sheriffs c. by the name c. At the suit of I. A. and B. his wife in a Plea of Covenant broken whereupon the said R. is committed to the Prison of the Fleet of the Lady the Queen by occasion of the utlawry aforesaid there to stay untill c. And when as the said R. shall be pardoned or otherwise discharged from the Utlawry aforsayd there let him be remitted into the City of London to find sufficient securety in Court here to answer the said I. and B. in the Court here of the plaint aforesaid there levied upon a Writ thereof by them in the court here to be prosecuted c. T 25. Eliz. rot 21.62 ss a Hab. corpus to T. H. in prison c. retornable c. And hereupon came here into the Court one G by B his Attorney prayeth that the said T may be committed to Prison in execution aswell for a certaine debt of 100 s. which c As for 10 s. which c. As it appeareth in Hill terme c. Roll c whereupon that Roll being seen by the Justices here It is demanded of the same T. whether he be the same person which is convicted to the said G. in thed debt and damages aforesaid or not who saith that he is c. Therefore the said T. aswell for those debt and damages as for those occasions in the Schedule aforesaid specified is committed to the Prison of the Fleet safely to be kept to stay there untill c. Commitment of one in execution upon a Sci. fac upon a Judgement H 5. Ia R rot 1757. Isham against Pill untill according to the forme of the recovery aforesaid if c. And here now at this day came aswell the said E by T R his Attorney As the said T. Pill in his proper person under the custody of I. P. warden of the Prison for the prison of the Lord the King of the Fleet by vertue of a writ of the Lord the King of an Hab. Corp. to the said warden directed was brought here to the Barr the Sher. now returneth that the said T Pill bath nothing c. nor is found c. And hereupon the said Eusebius prayeth execution against the said T. of his debr and damages aforesaid to him to be adjudged And the said Tho. Pill saith nothing in Barr or hinderance of the execution of the said E. aforesaid whereby the sayd E remayneth against the sayd Thomas therein without defence Therefore it is considered that the said E. have execution against the said Thomas for the debt and damages aforesayd c. Afterwards to wit the sayd 12. day of February that same Terme came here into the Court the same T. P. in his own proper person under the custody of the sayd warden of the said Prison of the Fleet by vertue of a Writ of the Lord the King of Hab. Corpus to the same Warden directly brought there to the Bar And at the petition of the sayd Attorney of the sayd E. there he is committed to the prison of the Fleet in execution for the debt and damages aforesayd there to stay untill c. M. 37. H. 6. Rot. 124. A Committitur entred of one committed to the Fleet for rasure of a Record in the Common Bench being convicted by his owne confession and afterwards was admitted to a fyne by pledg I. D. and afterwards set at liberty T 27. Eliz. Rot 12. London ss Entry of a Hab. Corpus at a day certaine and the causes certified and he was committed by the judgment Roll without any proces sued of Execution c. And now here at the sayd Thursday the sayd Prisoner in his proper person by the Sheriffs aforesayd brought here to the Bar And hereupon came here in Court W. O. attorny of B and sayth that he to wit in Easter Terme last past recovered here in Court against the sayd W. O. aswell a certine debt of 100 l. as 10 l. which c. whereof he is convicted as it appeareth in Easter Terme Roll. And prayeth that the said W. be committed to the Prison of the Fleet for that occasion Entry of a commitment of a Prothonotaries clerk and of a sheriffs clerk for rasing of a writ of execution in the test return for arresting of the defendant with the same writ before it was new Sealed T. 15 H. 9. rot 112 commit of an attorny for alting a counter-plea of the voucher H. 6. I rot 1002. entry of a Commitment of one P. to the fleet for rasure of a fine and a fine imposed upon him by the Court. H. 16. Eliz. rot 956. Grevills case examinaiion of fraud in the defendatns attorney for suffering a judgment the judgment is vacated and especiall entrey of a judgment New books of entries to 344. title Hab. corpus 1. Harisons case Dyer folio 149. The party in execution suggesteth to the court that the case issued out of the court in Easter termâ— retornable tres Trin. and that he was not found and that afterwards it was rased in the Test and retorn not sealed again that he was taken in
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.
time hath withdrawn and absented himselfe without the licence of the cheif Clerk of the Lord the King of the common Bench here to whom the gift of the same Office belongeth And without the licence of Rob. Dierby cheif Justice of the Court here So that the same Office by the same Io. or any clerk for him or in his name remained a long time undon and unoccupyed to the prejudice of divers Leige People of the Lord the King and delay of their Suits Wherupon upon the complaints of divers of the same Leige people who intend to prosecute such writs of Nisi Prius and other Jurats intending to deliver writs of Dedi Potestatem and acknowledgment of Fines here in Court And not having such clerk ready in Court who should receive and make such writs and Jurats upon the 20. day of October this Term it is besought aswell by Peter Stainford who had occupyed that Office for the same Iohn in the life time of Iohn Quick Deputy of the said Iohn at divers times at the intreaty of the said Iohn Quick in his absence as his clerk in other precedent Terms by the licence of the chife justice here As also by Thomas Thorold under Keeper of the Writs and Roles of the Lord the King of this Court that if they or either of them to the same Office for the same Io. Cheker and in his name would attend and the writs and Records due to be made in that Office for the same Iohn and in his name he or they would Receive write and do who said severally that not By which the same Iohn the same day of Friday in the morrow of the same day was solemnly called to exercise the Office aforesaid and appeared not wherupon he by the consideration of the said Court here is removed from his said Office and William Snayth at the nomination of the said cheife cleark here in the Court faithfully to extrcise and occupy that Office on the same morrow was admitted and sworne to have and hold that Office as the Philizers Exegenters and other officers of our Lord the King here hold and occupy their offices M 22. Iac. Rot. 436. Brownlow Foringden of a Cryer of the Court for his non attendance upon the Court nor any cause shewn to the Court for his absence T. 15 E 4. f 26. T 15 E 4 f. 7. P. 6. Caâ— Rot 1314. Admission of a Cryer upon the surrender of Hyliard Bee it remembred that George Baker one of the Cryers of this court who to the office of one of the Cryers of their Court was before sworne and admitted well and faithfuly to exercise and occupy the same To whose office it apperteineth to attend every Law day in court here in his proper person and to do in the Court those things which belong to the Office of a Cryer of this Court to be done three severall dayes to wit 19. of November 20. November and 22. of November this terme in full Court being solemnly called to attend his office of Crier aforesaid as of right he ought to have don came not but himselfe from his Office aforesaid the same three daies by the space of 5. years last past more without the licence of the court here absented and withdrew himselfe no cause of his absence to the Court here by any on the behalfe of the said Georg being shewen Therefore the same Georg by the consideration of the court here is removed from further exercising of his Office of Cryer here And Robert Hylyard at the nomination and presentation of Walter Zankey Esquire to whome the gift of the Office aforesaid belongeth faithfully to exercise and occupy that Office the 24. day of November this term by the Court here is admitted and sworne to have exercise and occupy the office aforesaid as the other Cryers of the court here have and occupy their Offices c. H 31. Eliz. Rot. 1720 Be it remembred that the 27. Attorney of the Common Bench for that he forged a Writ of Sup. de non molestando upon an Utlary where no Writ of Error was sued out of the Chancery for warrant the same And the party outlawed thereupon was delivered out of prison was committed to the Fleet. And because he could not gainsay but confessed the same that he had forged the same Writ it was awarded that he should not entermeddle more in the Office of an attorney but should lose his priviledge of the same and that his name should be taken out of the attorneys Roll and that he should be forjudged the Court and thrown over the bar and fined at 5 l. and should be sent to the severall Courts to be inspected and was sworn thereunto and after he was shorne he was thrown over the barre day of January that same term came here in court one Richard Hillington one of the Attornies of the Court here in his proper person and for that he by the Tye of his Oath in his office of attorney made the falsehood if he shall understand any in the Court here to be don or perpetrated is bound with that speed which is convenient to reveale and certify to the Court here gave to the Court here to understand that E.G. one of the attornies of the Bench here in the exercise of his Office of an Attorney to the scandall of the Court here and in falsity and deceipt of the same Court behaved himself and Fradulently For that to wit whereas certaine Iohn Vernon and Richard Carter lately in the Court of the Lady the Queen now of the common Bench here have impleaded Ric. Michell late of M. in the County of S. Yeamon W. M. late c. And Iohn M. late c. in a plea of Debt and the same R. W. and I. O. for that they came not before the Justices of the said Lady the Queen of the Bench here to answer the said Io. Vernon and R. Carter therein they were put in Exigent in the County of the City of the said Lady the Queen at Oxford to be utlawed and upon that occasion were afterwards ut-Lawed And afterwards the same Io. Michell by vertue of a certain Writ of the Lady the Queen of Capias Vtlagat upon the utlawry aforesaid to the sheriff of of Surry in this behalfe taken and in prison of the said Lady the Queen and under the custody of the said Sheriff was detayned the same Edward Osbulston not having the feare of God before his eyes nor his oath that he should not do any falsehood in the same Court fearing a certaine false Writ under the name of the Lady the Queen caused to be written made counterfeited the tenor whereof Followeth in these words Elizabeth c. reciting the Superse de non molest T. Edmund Anderson of Westminster the 28. day of Nov. An. c. 31. whereas no Writ of Error out of the Chancery of the said Lady the Queen to the same Edmond Anderson was directed by
three aâ—e s given him to do it T 2 Car. Regis Rot. 841. Brownlow Berks. ss John B. Sheriff of the County aforesaid for that he in Easter Terme last past at the severall dayes that same Terme by the Court of the Lord the King here to him given as in the bill of pleas this Terme it doth appear hath not returned to the Court here a certain Writ of the said Lord the King of Habeas Corpus issuing on of the Court here and to the same Sheriff directed and delivered to be executed in form of Law against one I W Esquire at the suit of R. B. Esquire in a plea of Debt of two hundred pounds returnable before the Iustices here Quinque pas last past in mercy c. And he is fined by the said Justices here for the said four defaults at twenty five pounds c. H 43. Eliz. Rot 451. Prisoner in the Fleet brought to the barr by Hab corp at the petition of an estranger a who brought Writ in debt against him and he is demanded by the Justices that he would appeare to the said writ who said he wâ—n duâ—â— therefore processe of Ouâ— lawâ—y is awarded against him ss It was commanded to the Warden of the prison of the Fleet that he should have here at this day to wit upon Satturday next after Octob. S. Hillar the body of W. A. Esquire in the prison of the said Lady the Queen under the custody of the said Warden detained to do and receive what the Court of the Queen here shall consider of him and now here at this day came here into the Court H. T. by A.S. his Attorney and brought here into Court a certain Originall Writ in Debt upon demand of an hundred and twenty pounds directed to the Sheriffs of London and before the Justices of the Lady the Queen here returnable against the said Walter by the name of W A. Esquire of Tomby in the County of Lincolne Esquire and prayeth that the said Walter may appeare to his sayd Writ whereupon by the same Warden of the Prison aforesayd brought here to the bar present in Court in his own proper person being spoken to saith that hee will not appear to the Writ Therefore let processe be made against the sayd Walter upon the Originall Writ aforesaid c. T 25 El. rot 860. G against I.C. like Hab. corp and such an Originall and demand who saith that he is not the same person against whom the said G. brought the said originall writ and that he wil not appear c. Therefore let further processe be made against the said I. C. late of L Gentleman against whom the sayd Originall VVrit was brought upon the said Originall and the sayd I.C. who is now brought to the Barr is sent back to the prison under the custody of the Warden for the occasion that he is therein detained there to remain c. H 13 Jacorot 588. Entry of a Capias ad respodend and thereupon a Non inventus returned and a Habeas Corpus to the Warden of the Fleet is awarded received such a day and then thus and now here at this day came the said Defendant in his proper person under the custody of the Warden aforesaid brought to the Barr who being demanded if he would appear to the said Writ or not sayd that not Therefore let processe of Outlawry be made c. M 5. Jac. rot 2254. Fleet ss Entry of an Habeas corpus of a prisoner committed to be Fleet by the Commissioners in causes Ecclesiasticall and his enlargement without baile It was commanded to the Warden that he should have here to wit at Westminster immediatly after the receit of this Writ the body of Anthony Rooper Knight in the prison aforesayd under his custody detained by whatsoever name he is reputed together with the day and cause of taking and detaining of the said Anthony that the same Justices here viewing the cause may cause to be done what of right and according to the Law and custome of the Realme of the Lord the King of England The like for Langton P. 8. Jac. rot 819. The lik for Melton there rot 1939. The like for Throckmorton T. 8. Jac. rot 1675. But they entred into a Recognizance of a 100 l. iâ— the Bench to appear from day to day P. 9. Jac rot 1510 P 8. Jac. rot 1939. ought to be done And no where at this day to wit on Satturday next after Octab. Martini that same term came the same A in his proper person under the Custody of the same Warden brought here to the Bar and the same Warden then returned that before the coming of the Writ to wit the ninth day of October last past the sayd A.R.M. rendred themselves to the prison aforesaid before committed by vertue of a certaine Warrant dated the thirtieth day of I last past which followeth in these words These are in his Majesties name straightly to charge you by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seal of England to us and others directed That herewith you receive and take into your custody the body of Sir Anthony Rooper Knight and him safely detaine prisoner at this our Commandement untill we shall give you order for his enlargement signifying unto you That the cause of his commitment is for that there being a certain cause referred unto us by his Majesties especiall direction betwixt him the said Sir A.R. and I.B. Vicar of B. for that he detaineth wrongfully from the said Vicar a certain yearly pension due unto him from the said Sir A. R being called before us after ful hearing of the cause in the presence of the said Sir A. R. and of his Councill three or four severall times and at last adjudged by us to pay the said pension he having some time of deliberation given unto him by us to consider therof hath notwithstanding obstinately disobey our said Order and doth so still persist and this shall be your Warrant in that behalfe given at Lambeth this thirtieth day of Iune 1607. And that this was the cause of taking and detaining of the said Anthony in the prison aforesaid the body notwithstanding of the said A he hath now here ready as by the said Writ it was commanded him c. whereupon the premisses being seene and by the Justices here fully examined and understood Judgment by the Court. it seemeth to the said Justices here that the said cause of Commitment of the sayd A. to the prison of the Fleet aforesaid in the Returne aforesaid above specâ—fied to be insufficient in Law to detain him the said A in the prison aforesaid or to deprive the said A from his priviledge of the Court of the Lord the King here therefore the same Anthony is dismissed from the prison aforesaid by the Court here and the same Warden is fully discharged by the Court here of such custody c. T 18 Iac.
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
the whole time aforesaid to be replevied by the sheriffs Ministers of the City aforesaid for the time being by vertue of a plaint in the Court of the sayd Lady the Queen and her progenitors Kings of England held before the Sheriffs of the City aforesaid for the time being levied and not by writ of the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery and also that all the customes of the City aforesaid by Authority of Parliament of the Lord E late King of England after the Conquest at Westminster The Sheriffs are free men of London and held by their oath to observe the customes of the City the fifteenth year of his Reign held were ratified and confirmed to the then Mayor and Comminalty of the same City and their successors which said Liberties and free Customes of the same City they the same sheriffs and freemen of the City aforesaid before the purchasing of the said Originall Writ and alwaies afterwards hitherto being bound by oath have observed and are bound to hold without any violation for which causes the sheriffs aforesaid could not replevy the goods and chattells in the sayd Writ specified or do Execution upon the sayd writ nor can at the present but because it seemeth to the Court here that the Return aforesaid The Returne of the Sheriff vicious in form aforesaid made is as well in contempt and prejudice of the said Lady the Queen now and of her Court and also in Derrogation of her Crown and Dignity and manifest Danger of her Dis-inheriting and also that it giveth way and redoundeth to the immoderat damage and greivance of the same W and Delay of his suit therefore as before the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattells aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed Plur. repleg awarded and in as much c. They make appear here in 8 Sancti Hillarii c. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term to answer as well to the said Lady the Queen as to the same W of and upon the premisses further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalfe and in as much c. The same Coroner cause to appear at the same Term c. Pone Sheriffs returne upon a Pone adjudged void for that he shew edssino the cattell in specie named in the Returne See p. 3 El. Dyer fol. 199. pl. 54. Report of the case 21 E 4 fol. 23. M. 18. H. 6. rot 428. H 2. Eliz. rot 191. It is recorded by the Court here the third day of May in the year of the Raign of the Lady Elizabeth now 3. That the Returne aforesaid is vitious invalid and insufficient in Law for that there are no cattell named in Specie in the Return aforesaid contained for which the same Sheriff by vertue of a Writ of _____ was attached to be here at the said Octab. Pur. c. whereupon no judgement by the Justices then here for any forfeiture to be made to the Lady the Queen upon the Attachment by the Law of the Land ought to be given nor is given as it appeareth above and so the processe and extracts for the price or value of the Cattell aforesaid to be forfeited without Judgement and consent of the Court here by the Officers of the same Court without Warrant was made c. Quaere if not between Netherfall and Lawrence Priviledge H 45. Eliz. rot 818. Brownlow Lanc. ss At the return of a Capias against a servant of the câ—cife Cleâ—k of the Kings Bench the servant came in person into the Court of Common Beuch delivered to the Justices a writ of supersedias prayed the allowance thereof that they would not hold plea c A writ of priviledge for a servant of the cheif clark of the Kings bench It was commanded the Sherif that he should take John Wood late of Brenset in the county aforesaid Yeoman of c. and safely c. so that hee might have his body here at this day to wit in Octab. Sancti Hillarii to answer to T. L in a plea wherefore with force and arms one Messuage ten acres of Land with the Appurtenances in B. which Margeret Erlington widdow to the same T. devised for a Terme which is not past entred and him from his Farme aforesaid ejected and other Enormities c. To the great Damage c. and against the peace c. And now here at this day came as well the same T. by I. P. his Attorney as the same John Wood in his proper person and hereupon the same J W. brought here into the Court a certain Writ of the sayd Lady the Queen of Supersedeas in the cause aforesaid closed to them directed The Tenor whereof followeth in these words Elizabeth c. To our Beloved and faithfull Edmund Anderson Knight and his Associates Justices of the same Bench greeting As well of our Dignity as according to the ancient Custome used and approved of in times past hitherto obtained That our cheif Clark of the pleas in our Court before us ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints pleas of Free Tenement only excepted nor by the whole time aforesaid were accustomed And now in our Court here before us on the behalf of John Wood one of the servants of John Rooper Knight our cheif Clarke assigned to Roll pleas in our said Court before us It is given us to understand That one Thomas Lacke little regarding the custome aforesaid the same I W by the name of I. W. late of B. in the County of Kent Yeoman hath drawn into plea of a plea wherefore with force and armes one Messuage c. as above untill against our peace c. to the very great disprofit and greivance of the said I. W and manifest infringement of the Liberties and priviledges aforesaid in our Court before us by the whole time aforesaid hitherto used and approved whereupon we are willing to provide him a fit speedy remedy to observe the Liberties priviledges aforesaid for so long time used infringed We command you that from further holding of the plea aforesaid before you or compelling him the said I. W. further to answer before you in the plea aforesaid ye be altogether superseded saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will Teste Iohn Popham at Westminster the twenty fourth day of January Anno Regni nostri 45. Rooper Which said Writ being read and heard the same Iohn Wood saith That he is and at the day of purchasing of the Writ
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
against the law of the land of the Realm of the Lord the King of England unjustly constrained by arrest of his body whereas in truth neither the said I. L. nor the said I. C. nor either of them at the time of the levying of the said plaint or any time afterwards hitherto was Tinner working in any Stannary worke within our Counties of D. or C. And whereas in truth the account aforesaid doth not concerne any Tinner or matter or matters belonging to the said Stannaries Averment that neither Plaintiff or Defendant were Tinneâ—â— Averment that the account did not concern Tâ—nning and although the same I. L the matter aforesaid by him above alleaged before the said Warden Subwarden and steward often pleaded and alleaged in the Stanuary Court aforesaid and offered to prove with inevitable truth and Testimony Neverthelesse the said warden Subwarden steward Deputy or Keeper of the place would not admit of that plea or allegations but altogether refused and the same I. C. notwithstanding the plea alegation probation of the said I. L. aforesaid in the premisses aforesaid the said I L. before the said warden underwarden steward Deputy or Keeper of the place in the plea aforesaid to be condemned with his whole strength indeavoureth and tryeth from day to day in contempt of the Lord the King now and manifest damage impoverishment and greivance of the said L. and against the lawes of the Realme of England and this he is ready to verifie whereupon the said L. humbly imploring the aide and munificence of the Court of the Lord the King now prayeth remedy and a writ of the Lord the King de Prohibitione to the said warden underwarden c. And to the said C. Counsellors Attornies and Solicitors of the said C. in this behalf whatsoever to be directed in Forme of law to prohibit them and every of them that they nor any of them proceed not further in the cause aforesaid or any thing that concerneth the premss in the court aforesaid before the said Warden c. or presume to attempt any thing more in the cause aforesaid in the court aforesaid which may give way to indamage the said I.L. or prejudice of the Law of the Lord the King now his Crowne or dignity and to him it is granted c. Warburton Mich. 25. H. 6. Rot 323. Prohibition without a cause depending against the Bishop of Winchester for excommunicating a man for serving a warrant of peace upon his Chaplain EAster 44. Eliz. Rot. 1738. The like Causa non pendente out of the Court of Request against the corporation of Myners THat this Prohibition causa non pendente being granted upon the motion of Serjeant Hele Justice Gawdy and Warburton Walmesly being absent Nota. And at another day Justice Walmesly being present and Justice Gawdy being absent Justice Walmesly said that the prohibicion lay not Causa non pendente And thereupon the Prohibition did not issue forth though Warburton put his hand to it Yet Gawdy and Walmesly denyed Quare Impedit H 12. H. 7. Rot. 315. Mordent Leic. ss Tho. and Eliz. his wife In Quare Impedit the Plaintiffs have a Writ to the Bishop upon the Bishops plea after the death of the Patron bring their writ of Q. Impedit to present to the Church of N. which is voyd c. And count in right of their Fee of an advouson in grosse against W. Bishop of Lincolne I G. Kt. and R. M. Clerk issue upon the traverse of the advouson in grosse and judgment against the Bish with a cessat c. and the plea depending the patron incumbent dye the Plaintiffs pray execution of the judgment against the Bish and have it c. Ravishment de Gard. Ravishment de gard brought by the King the Kings Attorney by force of the Letters Patents under the privy seal sealed Waives his issue and saith that the Defendant is not guilty and judgment that the defendant go without day the Kings right being saved H 12. H. 7. Rot. 228. Mordant Oxon. ss the King brought his writ of Ravishment de Gard. against I. G. and A. his wife for Ravishment of Richard Son and heire of Edward Bockingham c. the defendant Pleads non cul and afterwards James Hobard attorney of the King and the Defendants come in their proper persons and the Kings Attorney Relicta verificatione c. by vertue of a certaine warrant with the signe manuall of the said Lord the King signed directed to the same James and shewed here in Court on the behalfe of the said Lord the King saith they are not guilty prout c. Therefore it is considered that the said Io. and Anne goe thereof without day c. the Kings right being reserved when at an other time therein she would speak c. Retorn Recordi Return of the Record sent to the Iustice at Lanc. to be tryed after triall in the Bench. AFterwards to wit upon Monday next after tres Pas next following the said C. came back here into Court in his proper person And Humphery C. Justice of the said Lord the King at Lanc. before whom c. sent the record and proceedings cum toto facto suo in the premisses before him at L. in the county aforesaid had in these words Afterwards on monday in quarta septimana LX. before H. C. Iustice of the Lord the King at Lanc. came aswell the within named R. R as the within named R. B. in their proper persons And hereupon the same R. prayeth a writ of the said Lord the King of ve fac here 12. Ven. fac aWarded at Lanc. c. before the said Justice at L. c. to trie the issue within written to be directed to the sheriff of the county of Lanc. which was granted him c. wherupon it was commanded to the sheriff of Lan. that he cause to come before the said Justice at Lanc. upon Tues quarta septimana XL. prox next comming 12. c. of the neighbourhood of C. by whom c. and who neither Return of the Ven. fac c. to recognize c. because aswell c. At which day here came the parties aforesaid c. in their proper persons And E. S. Knight sheriff of the said county of Lanc. returned before the Justices here to wit at L. aforesaid the writ aforesaid in all things served and executed together with the names of the jurors between the parties aforesaid impanelled annexed to the same writ which said jury being solemnly caled came not whereupon it is commanded to the said sheriff of Lanc. that he have before the said Justices here to wit at Lanc. aforesaid upon Wednesday Iury came not in dec quart Sept. 40. next coming the bodies of the said Jurors between the parties aforesaid before impaneled to make that jury the same day is given to the parties aforesaid here c. at which day of Wednesday here to wit at L.
by attorney if it shall happen that the said T. P. not to make deliverance of the Cattle aforesaid taken in Withernam or the value of them c. Scire Facias TRini 9. Jac. Roll. 3510. Entry of a Scire facias upon a Recognizance against sureties in Replevin after Averia elongat returned Otherwise as it appeareth in Easter Term in the 9. yeare of the Reign of the Lord the King now Roll. 2982 it is thus contayned London ss It was commanded the sheriffes whereas I. A. of the City of Coventry Taylor B A. of L. in the county of N. clerk and W. S. of C. in the county of Warr Gent. to wit the fift day of Ju being there in Trinity Term in the 7. yeare of the Reigne of the Lord now King of England before Peter W. Knight one of the Justices of the said Lord the King of the common Bench at his chamber in Chancery Lane London in their proper persons undertook and every one of them did undertake for H. A. in the sum of 20 l. and the same H. A. then and there before the said Justices of the Lord the King in his own person undertook for himself in the summ of 40 l. that the same H. should cause to be retorned to David Harris certaine cattle of the same H. formerly taken by the same David and which were adjudged by the court here to the said David for the default of the said Henry The Recognizance recited See the statute West cap 2. 13. E 1. if retorn of them to the same David by the court here should be adjudged which said summe of 20 l. every one of the Manucaptors do acknowledg to be levied upon their lands and chattles And which said sume of 40 l. the same Henry acknowledgeth to be levied of his lands and chattles to the use and behoof of the same David if it happen that the said Hen. make default in the premisses therof be lawfully convicted which said recognizance in Form aforesaid taken afterwards to wit the same fift day of July in the said Term of the holy Trinity in the seventh yeare of the Reigne of the Lord the Keng now of England abovesaid the said Justices of the same court of the said Lord the King before his then Justices with his owne hands delivered to be inroled upon record Delivery of the Recognizance in Court to be inrolled Count upon the second deliverance as by the record thereof remayning in the same court here manifestly appeareth wheras therupon the same David was attached by the writ of the said Lord the King de Sec. Delib to be in the Court here to wit at Westminster aforesaid to answer the same H. A. of a plea wherefore he such a day and year at W. in a certaine place there called Woodpark had taken the cattle that is to say 35. heifers of the same H. and unjustly detayned them against sureties and pledges untill Avowry c. the same David in the said court of the said Lord the King appearing for a certaine reason by him alleaged as Bayliff of G. C. Kt. well acknowledged the taking of the cattle aforesaid in the place aforesaid to be just Nonsuit of the Plaintiff for default of Bar to the Avowry Return Haben awarded whereupon the said Henry afterwards although solemnly called in the same court of the said Lord the King came not nor hath not further prosecuted his said writ wherupon it was considered in the same Court here that the said Hen. and his pledges for prosecution should be in mercy c. And that the same David should goe thereof without day c. and that he should have retorne of the cattle aforesaid to hold to him for ever irreplevishable whereupon the said Lord the King by his writ commanded the sheriff of Devon that without delay he cause to be retorned to the said David the cattle aforesaid to hold to him irreplevishable Averia elongat returned and as much c. he should make to appeare here in Oct. Mich at which day the said sheriff of Devon retorned to the Justices here that before the coming of the said writ to him directed the cattle aforesaid by the said Henry A. were conveyed to places unknown to him so that he could not make retorne of the same cattle of the said David and therefore the said Lord the King commanded the said sheriff of Devon that of other Catles of the same Henry to the value of the Catle aforesaid before taken Capias in Withernam awayded he should take in Withernam and should deliver them to the said David to keep by him untill the cattle aforesaid before taken could be retorned to the same David and that he should put by sureties and safe pledges Nâ—lla averria returned the said Henry that he should be here in Oct. S. Hill aswell to answer the said Lord the King of his contempt as the same Da. of his damages injuries in this behalf done The same sheriff of Devon at that day retorned to the Justices here that the same A. H. had no Cattle in his Bayliwick Sci fac against the party and Manucaptors severally which he could take in Withernam according to the Exigency of that Writ and that the same Henry had nothing in his Bayliwick by which he could be attached as by the record and proceedings in the same court here remayning doth manifestly appeare And because c. That by honest c. it should be made known to the said I. B. W. and H. that they should be herein Oct. Pur. to shew if any thing c. wherefore the same David ought not to have execution against the same I. for the said 20 l. by him in Form aforesaid acknowledged to be levied of his lands and chattles and against the said Bartholomew for the said 20 l. by him in Form aforesaid acknowledged to be levyed of his lands and Tenements and against the said William and others as before The Plaintiff offiers himselfe against the Defendant c. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same David by R R. his attorney offered himself the 4. day against the said I. B W. and H. in the plea aforesaid and they being solemnly called came not the sheriffs of Lond now return that the same I. B. W H. have nothing Nichil returned nor any one of them hath any thing nor are found nor any one of them is to be found c. Therefore as before it is commanded the said sheriffs of London that they should make known to the said I. B. W. and H. that they be here 15. Alias Sci fac awarded Pas to shew in Form aforesaid and now here at this day came aswell the same David by his attorney aforesaid as the same I. B. W. and H. by H. W. their attorny
Plaintiff and Defendant come by attorny And there upon the same David prayeth execution against the same John for the said 20 l. by him in Form aforesaid acknowedged to be levyed of his lands and Chattles and against the same Bartholomew for the said 20 l. c. and so against the rest severally And the same I. B. W. and H. pray liberty to imparle untill Cr. Tri. and have it c. The same day is given to the same David here c. Execution prayed severally PAsch 9. Jac. Roll 349. Walter Devon ss It was commanded the sheriff because in the record and proceedings Scire facias after a judgment reversed in a writ of false judgment upon a Record in Detinue and also in commencing of a certain plaint which was in the hundred of N. C. Esquire of N. without writ of the Lord the King between I. C. W. H. in a plea of detinue of corne which the same I. C. demanded of the same W. a writ of false judgment was given against him in the said plaint as the King is informed by the grievious complaint of the said William and as by the inspection of the Record proceedings in the cause aforesaid which the said Lord the King now caused to be brought before his Justices at Westminster sufficiently appeareth that false judgment was given against the same William in the plaint aforesaid For which in the Court of the Lord the King now here before his said Justices it was considered that the judgment aforesaid should be revoked nulled and altogether taken for nothing Judgment reversed And that the same William should be restored to all things which he had lost by occasion of the judgment aforesaid Notwithstanding because the said Io. Clerk after the judgment aforesaid in the hundred aforesaid given and by force thereof and pretence of a certaine judiciall precept issuing out of the hundred caused to be don and levyed upon one Cow of the same Willam 39 s. 11 d. for the value of the said Corne to wit for eight bushels of Rye and 12 d to the same Iohn for his costs and charges which he had and sustained by the occasion of the detention of the corne aforesaid in the hundred aforesaid adjudged And thereupon the said Cow was sold by which occasion the said Iohn Clark of the said 39 s. 11 d. for the value of the said corne and of the said 12 d. for his costs and charges aforesaid in the hundred aforesaid by vertue of the judgment aforesaid recovered was and is satisfied as by the relation and information of the said William the Lord the King is informed and understands And because c. that by honest c. he should make knowne to the said I. C. that he should be here at this day to wit Men. Pas to shew if any thing c. Wherefore the Cow aforesaid or the value of the same or the said 10 s and 11 d. in Form aforesaid recovered Scire facias to have restitution ought not to be restored and repayd unto the said William according to the Form and effect of the said judgment in the said Court of the said Lord the King now in Form aforesaid if c. And now here at this day came the same W. H. by R. S. his attorney and offered himselfe the 4 th day against the said I. C. in the plea aforsaid and he being solemnly called came not and the sheriff now retorneth that he hath nothing Alias Sci. fac awarded c. nor is to be found c. Therefore as before it was commanded the sheriff that by honest men c. he shall make known to the said I. C. that he be here in Cr. Trin. to shew in Form aforesaid c. PAas 13. Jac Rot. 774. Brownlow Civit. Covent ss It was commanded the Coroners of the City aforesaid whereas the King had commanded the late sheriff of the City aforesaid that of the lands and chattls of H. L. late of D. in the county of Cest Gent. in their bayliwick they would cause to be made aswell a certaine debt of 150. Scire facias directed to the Coroners and Sheriffs both to levy a certaine debt upon a fi fac and not payed to the party at the returne of the fi fac l. which H S. in the Court of the King here to wit at Westminster recovered against him as 30 s. which to the same H. in the same Court of the King here were adjudged for his damages which he had by occasion of detayning of that debt and that they should have those monies before the Justices here to wit at Westminster 15. Marti last past to render to the said Humphery for his debt and damages aforesaid whereof he is convicted at which day here to wit at Westminster aforesaid came the same H. by G. B. his attorney and the sheriffes to wit T. L. and I. B. then retorned that they by vertue of the said writ to them directed of the Chattles of the said H. have caused to be made 125 l. parcell of the debt and damages aforesaid which said 125 l. here to wit at Westminster aforesaid at that day they have ready notwithstanding the same sheriffs the said 125 l. had not here in Court of the Lord the King at that day nor have satisfied the same Humphry for the said 125 l. as by the information of the said H. to the King was made known and because c. that by honest and c. they should make knowne to the same T. and I that they should be here at this day to wit 15. Pas to shew if any thing c. wherefore the same H execution against them for the said 125 l. by them in Form aforesaid levyed ought not to have c. if c. And now here at this day commeth the said H. by his attorney aforesaid and offered himself the 4 th day against the said T. and I. in the plea aforesaid and they being solemnly called came not and the Coroner to wit W. F. now retorneth that he by vertue of the Writ aforesaid to him directed by F. N. and T. W. honest c. made known to the same T. and I. to be here at this day to shew in Form aforesaid c therefore it is considered that the said H. have execution against the same T. and I. for the same 125l by them in Form aforesaid levyed by default c. LOndon ss Pasch 11. Jac. Rot. 620. The entry of a Sci. fac upon a generall pardon Capias ut lagat Brownlow ss It was commanded the sheriffs that they should not omit for any liberty within their Bayliwick but that they should take H. H late c. otherwise called c. utlawed in London next before the Feast of St. Dunston the Bpp. An. primo c at the suit of G. E. in a plea of debt if c. and him in safty c. so
die in sancti Martini in 15 dies to shew if any thing c. wherefore he so many cattell to wit three Geldings four Oxen five Cowes seventy sheep and one Calfe or the price of them for the insufficiency of the pledges aforesaid and against the Forme of the statute in this case provided taken to the same Edmund Travers in the name of the return of the cattell aforesaid by him first taken and by the same R. Raye eloyned ought not to be rendred according to the Form of the statute aforesaid if c. At which day here came as well the said Edmund Travers by his Attorney aforesaid as the same R. M. premonished c. by George Bretton his Attorney and hereupon the same Edmund Travers prayeth that the same R. M. the cattell aforesaid to wit as above and the same M. by Henden serjeant in Law demurreth And for cause sheweth that it appeareth not for the said writ of scire facias whether the pledges aforesaid were taken by the same R. M. then sheriff of the said county of Surrey being upon any plaint before the same Sheriff in the County Court of the said County of Surrey by the same R. Ray against the said Edmond Travers before then levied or upon any writ of the said Lord the King De averiis Replegiand issuing out of the Court of Chancery of the said Lord the King as by the statute therein made is provided and also that the plea aforesaid and the proceedings in the same plaint whereupon the pledges aforesaid are supposed to be found do not appear in the same writ of Scire facias as they ought to appear and this he is ready to verifie whereupon for Defect of sufficient writ of Scire facias in this behalfe the same R. M. prayeth judgement and that the said Edmund from having returne of the cattell aforesaid against the said R. M. may be barred c. Harris Serjeant joines in demurrer Note Reader That the Owner of the Originall copy converted this writ in the beginning thereof to wit from of which said taking c. untill at Westminster aforesaid had for defect of which matter the Defendants councill demurred in Law and shewed the causes but the Record is as the originall Scire facias is As also for his own learning and because of the president 21 Ed. 4. fol. 30. Fitzh sci fac 113. 27 H. 6. fol. 7. Ibidem pl. 34. 9 E. 4. fol. 50. were vouched to maintain this Scire facias because it is _____ of the said Lord the King Fest remed and the plaintiff therein shall recover no damages which is for the benefit of the Defendant H 22. Iac. rot 2426. Etntry of a writ of Scire fac in debt for the demandant against a st anger wherby he afer a recovery had against the tenant and before execution sued enters into the third part recovered by writ of dower unde riens avorit The tenant dieth Brownlow Essex ss In was commanded the sheriff whereas Iohn Frith and Agnes his wife lately in the Court of the Lord the King now to wit in Easter Terme An. Regni c. 22. before Henry Hobert Knight and Baronet and his associates then Iustices of the said Lord the King of the Common bench here to wit at Westminster by the consideration of the same Court had recovered their seisin against Samuel Ram of the third part of Tenn acres of wood with the appurtenances in Dagenham as the dower of the said Agnes of the indowment of William Humphery her late husband by our Writ of Dower unde ni chil hat c. As by the record and proceedings therin in the same Court of the King here remayning it manifestly appeareth And the same Samuel is dead and one Mary Ram widow is entred into the third part aforsaid with the appurtenances and holdeth the same against the Form of the recovery aforesaid as by the information of the same Iohn and Agnes the King understandeth and because c. that by honest c. he should make knowne to the said Mary that she should be here at this day to wit in 8. Pur. beatae Mariae to shew if any thing c. wherefore the same Iohn and Agnes An estranger enters into the lands recovered and holds them against the recovers seisin execution of the third part aforesaid with the appurtenances against her ought not to have according to the Forme of the recovery aforesaid if c. And now here at this day came the same Iohn and Agnes by G. P. their attorney and offered themselves the 4. day against the same Mary in the plea aforesaid and she being solemnly called came not and the sheriff to wit Scire fac returned Iudgment that the demandant have execution of the third part by default c. Edward Botler Knight now retorneth that he by vertue of the Writ aforesaid to him directed to Iohn Humfery and Humphery Clark honest c. hath made knowne to the same Mary Ram widow that she should be here at this day to shew in Forme aforesaid c. therefore it is considered that the same I. and A. have seisin and execution against the same Mary of the said third part aforesaid with the appurtenances by default c. H 22. Jac. Rot. 1688. Brownlow Midd. ss The sheriff was commanded whereas Thomas Holt lately in the Court of the Lady Eliz. late Queen of England to wit Entry of a writ of Scire fac upon a judgment in a writ de annuo redditu to have execution de arreragiis incuâ—sis after judgment P 10 H 4 rot 123 rot 224 127 tiel 12 H 7 8 40 E 3 4 11 H 4 34 6 E 6 134 13 2 H 6 9 Pl. 6 23 H 8 fo 5 Br. No cases 28 accord with this Scire fac execution 119. Scire fac 203. in the terme of the holy Trinity in the yeare of the Reigne of the said late Queen 32. before James Dyer Knight and his associats then Justices of the said late Queen of the common Bench at Westminster by the course of the same Court had recovered against Iohn Bradshaw late of Bradshaw in the County of Lanc. Esq otherwise called c. a certaine annuall Rent of 80 s. to the same Tho. and his associets for term of life of the said T. at the severall Feasts of the Nativity of St. Iohn the Baptist and the birth of our Lord by equall portions to be paid yearly as by the Record and proceedings therein in the same Court of the Lord the King now here remayning it manifestly appeareth And 20 l. in arrearages of the yearly rent aforesaid after the judgment aforesaid given for five whole yeares ended at the Feast of S. Iohn the Baptist An. Regni c. 22. to the same Thomas are in arreare and not paid as by the information of the said Thomas the King understandeth And because c. that by honest c. he should
him in this behalfe done and that he should have here that writ The Nonsuant prayeth to be admitted to his fine for the conâ—empt and the fine was assessed and now here at this day to wit the said 15. Trin. came aswell the said I. K. and T. R. his attorney as the same I. H. and O. by I. H. their attorney And hereupon the said I. K. prayeth himselfe to be admitted to make a fine with the said Lord the King by occasion of the premisses and is admitted c. and is fined by the Justices here at 2 s. 6 d. which by the command of the Justices of the Court here he paid to R. B. Cheife Prothonotary of the Court of the said Lord the King of the bench here for necessary reparations in the Court here done and to be done Fine payed c. Therefore the same I. K. goe thereof without day c. whereupon the same I. K by the statute A writ de Sâ—ccuda deliberatione prayed Pledges de novo Recognizance c. prayeth a writ of the said Lord the King de Secunda Delib and it is granted to him retornable here in Oct. Mi. c. And also the said I. K. in the same court here found pledges de novo aswell to prosecute his Claime as of the Cow aforesaid before taken to be retorned to the said I. H. and O. if retorne thereof should be adjudged to wit T R. of O. c. and I D of c. each of them under the penalty of 100 s. whereupon it was commanded the sheriff that of the said I K. further putting in Exigent utlawing Super sedias awarded upon the Exigent taking or in anything molesting by occasion of the premisses he be altogether superseded c. M 18. H. 8. rot 2. The Lord the King sent to his Justices of the Bench here his writ closed in these words Henry by the grace of God Supersedeas out of the Kings Bench to discharge sureties of peace in the Common Bench because he found security of peace in the Kings Bench. to Robert Brudenell Knight and his associats our Justices of the Common Bench greeting because Thomas Travers of W. in the County of Essex Clerke came into our court before us at Westminster this instant day of Thursday next after 15. daies of S. Iohn the Beptist in his proper person And then found there sufficient securitie that he should personally appeare before us in 15. Pas next to come wheresoever we should then be in England And that in the meane time he should carry himself peaceably towards and all our people and that he would not bring nor cause to be brought by himself or any other in his name any Damage or grievance to any of our people upon their bodies by treachery assault or any other meanes which may in any manner give way to the infringement disturbance of the peace as in our court before us is fully manifest upon Record Therefore we command you that from compelling the said Tho. Travers to find any securitie for our peace or for any of our people before you or any of you untill after the same 15. Pas you are altogether superseded T. I. fifty James at Westminster the 11. day of July An. c. 18. and now to wit in 8. S. Mich. that same Terme came here the same Thomas in his proper person whereupon the same Thomas by the same Justices here is altogether dismissed and discharged from finding of any other securitie further in this behalfe c. Charles c. To the sheriff of L. greeting A Supersedeas after a Fi. fac ne venditioni exponas whereas of late we did command you that of the goods and Chattles of T. E. late of c. being in your bayliwick you should cause to be levied 161. 5 s. which D. I. in the Court c. had recovered against him for her Damages which she had sustained by reason of a certaine trespasse upon the case by the aforesaid T. to the said D. done whereof he is convicted as by the Record c. it manifestly appeareth And that you should have those moneyes which you had so levied before c. at VVestminster aforesaid such a return to render to the said D. in that behalfe as in that Writ is more fully contayned and you at that day did retorne to the Barons of our said Exchequer at VVestminster aforesaid that you had levied of the goods of the said T. to the value of the summe abovementioned which goods did remaine in youre hands unsold for want of buyers but because the said Writ of Scire facias to you as above directed did unduely issue forth Therefore we command you that from selling of the goods aforesaid or any part thereof by vertue of the said Writ of Scire fac you altogether forbeare as you will answer the contrary at your peril witnesse c Ventre Inspiciendo Entry of a writ de ventre inspiciendo see Bracton fo 69. H and E terms A. 5. H. 3. rot in the common Bench Norff. ss Peter de Meanton hath requested that Muriell who was the wife of VV. de Meanton who maketh her selfe not not to be with child by the same VV. her husband was not with child for this cause maketh herselfe not with child to disinherit the same Pet whereupon at the petition of the same Muriell it was commanded the sheriff that by lawâ—ull women they should make diligent inquiry whether she was with child or not And Inquisition was made and sent to VVestminster but in the interim came she before the Justices of the Bench and offered her selfe and shewed to them that she was with child and this she offered to shew and prayed that it might be seene by the command of the Justices by 14. lawfull gentle women of London to be chosen by the Mayor and sheriffs of London and it seemed to them that she was with Child so that it was said to her that she might goe therein without day untill any one should complaine thereof but afterwards came the same Peter and offered himselfe and again said that she was not pregnant of his brother so that upon his complaint she was againe resummoned and questioned when her husband dyed and at what time he departed from her said that in truth he departed from her upon VVednesday next after the Feast of the holy Trinity and that he died on the day of the Appostles Peter and Paule so that after that same Wednesday she never saw him and Peter acknowledgeth this same said well she was not with child with his brother prayed that she might be committed to custody so that by the counsell of the court she was committed to the Mayor of L. into custody and 4 lawfull gentle-women were assigned to see her often and to keep her But afterwards came the same Peter and shewed that the Terme of bringing forth if she had beene
occasion shall not be molested or in any manner greived but be thereof in quiet and dismissed at large c. T 10. Jac. rot Brownlow London Reversall for that the Defendant was the 1 and 2 time called before the Tâ—ste of the Exigent R. adds of Evans Utlawry reversed for variance between the Originall Writ and the Exigent in this that in the Writ of Exigi fac this word Gent. which is the name of the degree of the said Henry is omitted which is inserted in the Originall writ Et pro ea causa c. T 11. Jac. rot 1521. Brownlow Int. G. and P. Outlawry reversed for that the Defendant was the first and second time called before the Teste of the Exigent T 18. Eliz. rot 1529. Civit. Bristoll ss Afterwards to wit Vtlawry reversed for that the 5 County was held as appears by the returne of the writ before the Teste of the Allocat the fourteenth day of May then next following came here into the court one T. D. on the behalf of the sayd Ellen and prayeth heareing of the Writ of Allocat whereupon the Waviary aforesaid is published against the same E. and it is read unto him in these words Elizabeth by the Grace of God c. reciting the whole Writ Test 16. die Novemb. anno c. 18. And also prayeth hearing of the Returne of the said Writ and it is read to him in these words Alloc to her four Countyes c. Att our County held at the City of Bristoll in the Guildhall there 13. Ian. Anno infra script c. which being read and heard the same T. D. faith for the said Ellen That the Return of the said Writ of Allocat is insufficient in Law for that by the Return it evidently appeareth to the Justices here that the said fifth County held the same thirteenth day of Ian. Anno 18. abovesaid at which County the said E. was the fifth time called and appeared not was held Before the issuing forth of the sayd Writ of Allocat whereupon the said Writ Mich 6 7 Eliz oâ— 1971. the like siâ—e and returne upon the said Writ made by the Iustices here being fully understood it doth seem to the said Justices here that the said Returne is insufficient in Law whereby the Waviary aforesaid against the same E. in forme aforesayd published and had is altogether void and of no force nor effect in Law Therefore let no processe nor any other thing against the said E. upon the Waviary aforesaid The Sheriff amerced for ill returning of the Writ of Allocat be further made c. and the sheriffs of the sayd City of Bristoll to wit A. and B. in mercy for the insufficiency of the Return aforesaid made and they are fined by the Justices here at twenty shillings c. T 7. Iac. rot 3648. Brownlow ss Prayeth hearing of the Return of the Writ of Exigent and it is read unto him in these words A County holden at the Castle of Salop Utlary reversed for this word Meâ—m T. 13 Jac â—ot 633. c. which being read c. Onerari non because he saith that by the Returne aforesaid it appeareth not that the Countyes aforesaid in that Returne specified whereunto the said Iames was in forme aforesaid called were the Counties of the said sherif of Salop as by the Return aforesaid it ought to appear whereupon c. the Outlawry was reversed Int. Burmom and Ap-Thomas Salop T 7. Jac. rot 3647. Brownlow hereof Oyre of the retorne of the Exigent prayed at the hustings of the common Pleas in Guild-hall of the City aforesaid upon Munday next after the Feast Utlary reversed for omission of this word Tent. and for Sâ—do for being without a tittle â—r dash c. the same Henry was the second time called and appeared not which being read c. Onerare non Because he saith that by the retorne aforesaid it doth not appeare that any hustings of Common pleas were held at the Guild-Hall in the City of Herford the said Monday next after the Feast c. in the same retorne mentioned for that this materiall word Tent. in the same retorn was there omitted And also for that this word Scdo in the same retorne specified was written without any dash having no signification And for those causes and others c. pet judicium c. may be discharged from the utlawry c. And it is reversed Int. Vaughan and Masters Vtlary reversed for that the Capias was not returned M 32. and 33. Eliz. rot 131. Brownlow Midd. ss It was commanded the sheriff that he should not omit c. and here upon the said I prayeth hearing of the said writ of exigent whereupon he at the suit of the said W. is utlawed And it is read unto him in these words Elizabeth c. which being read and heard the said I. saith c. because he saith that the originall writ in the Court here in Oct. S. Mich. An. Reg. c. 30. retornable and was retorned and that upon the same writ three Writs de Capiendeum by the Court here in Mich. Terme An. Regin 30. and 31. were considered and adjudged As it appeareth in the Roll of the same Term To wit one of the said Writs de Capiend retornable in the court here in Cr. Ani. An. 30. abovesaid one other writ de capiend by the Court here in Form aforesaid considered and adjudged retornable at the said Cr. Ani. in the same Court here amongst the writs of Cr. Anim. An. 30. abovesaid in the said County of Ebor. is filed which said writ is not retorned whereupon the Justices here can in no wise certifie in Execution of the said Writ that it is indorsed As by the said Writ of Capias amongst the said Writs de Cr. Anim. in the Court here filed fully appeareth And so the said writs of alias and plures Capiend and the said Writ of Exi against the same I. afterwards considered and adjudged erroniosly and without sufficient warrant issued And for that cause he prayeth to be discharged by the Court here from the utlawry aforesaid c. whereupon the said Writ de Capiend filed in the Bench here at the said Cr. Ani. being seene it sufficiently appeareth to the Justices here upon Record that the allegation of the said I. is true therefore it is considered that the said I. by occasion of the utlawry aforesaid be not molested nor greived but goe thereof quiet c. T 16. Iac rot 3109. Brownlow between Ioanes and Griffin Vtlary reversed for infram for infranominat dua for duo utlawry reversed infrom for infra nominat and dua for duo T 16 Iac. Rot. 3114. Brownlow in t Washer and Dignbey In this that it appeareth to the Court here Vtlary reversed for the misplacing of the Sheriffs names that that writ was retorned by certaine Peter Proby and Martine Lumnly sheriffs of the City of London
been held And this they are ready to verifie whereupon c. T 8. Iac. rot 4640. which being read and heard onerari non Vtlary reversed for omitting the second exact between the first and third because he saith that by the retorne aforesaid it evidently appeareth that the said R. was never the second time called upon the said Writ of Exi fac so that the utlawry aforesaid against the said Ric. the second calling of him the said R. upon the Writ aforesaid being omitted was published and had so that the utlawry aforesaid against him the said R. so published and had is void and this c. The utlawrie is reversed Januaii for Januarii Vtlary reversed for omitting the return of the Plu. cap. in the close of the Exigent H 22. Iacobi rot 1404. Ianuaii for Ianuarii H. 7. Iac. rot 3503 utlawry reversed for omitting the retorn of the plu cap. in the close of the Exigent P 10. H. 4. rot 337. One renders himselfe prisoner to the Fleet upon an utlawry And because it appeareth that the exigent was not entred upon record in any other Terme he is discharged of the utlawry and set at large Norff. I. at the suit of D. Veiwe Entry of a writ of view in Formedon in discender and a quashment of the same for a speedier returne thereof then by Law it ought TRin. 8. Iac. roll 485. Wolastone City of Yorke ss It was commanded the sheriffs that without delay they should cause to be had to the Gardian searcher or master of the Scoole and Elemosinary poore of the Hospitall of S. Iohn the Baptist in K. R. the view of one Mesuage with the appurtenances in the parish of Arpon the pavement which William Lister in the court here claimeth against them as his right by writ of the Lord the King de forma donationis in discendere and that it should be said to 4. Knights who should be present at that view That they should be here at this day to wit in Cr. Trin. to testifie the said view And that they should have here the names of the Knights and that writ and now here at this day came aswell the said W. L as the Gardian c. by their attorneys aforesaid and upon this Writ of view is quashed because it appeareth here that the said writ is vitious to wit in this that it issued forth retornable here on the said morrow of the holy Trinity where it ought by due course of Law to have beene made retornable here tres Trin. because the plea aforesaid had his last continuance untill Oct. Pur. Beat. Mariae last past Therefore at the petition of the demandant A new writ of view awarded and by the consent of the attorny of the said Guardion c. let another writ thereupon be made in Form as aforesaid retornable here in Cr. Anim. And in the meane while c. at which day here came the parties c. by their attornies and the sheriff sent not the Writ Therefore let another Writ thereof be made in Form aforesaid retornable here tres Pas the same day is given to the same W. L here c. TRin. 11. Iac. roll 3388. Goldesburgh Ebor. ss The sheriff was commanded that he should attach William Denton so that he might have him here at such a day to answer W. H. Gent. one of the attornies Entry of a baile taken upon an attachment of Priviledge in an action of debt c. according to the liberties and priviledges c. of a plea of debt c. and now here at this day came aswell the said W. H. in his proper person as the said W. D. in his proper person under the custody of the sheriff of the county aforesaid by vertue of the Writ aforesaid here brought to the bar And hereupon such a day that same Term before Peter W. Knight one of the Justices of the said Lord the King c. at his chamber in Chancery-lane London came the said W. D. in his proper person under the custody of the sheriff of the county aforesaid And hereupon one R. W. of Cliffords Inne London being present in his proper person before the said Justices undertooke for the said W. D. H 8. b. 8 rot 1. an appearance entred upon an attachment upon an information in the summe of 20 l. and the said William D. assumed for him selfe in the summe of 40 l. to have the body of the said W. D. here in court from day to day at every day of pleading untill the plea be determined and judgment be thereupon given and also if it happen judgment in the same plea to be adjudged for the same W. Hamp against the said W. Denton would satisfie or render his body in execution to the prison of the said Lord the King of the Eleet upon that judgment which said sum of 20 l. the said R. acknowledged to be made out of his lands and chattles and which said summe of 40 l. the said Will. Denton acknowledged Recognizance enrolled c. as in others which said recognizance the said Justice with his owne hands delivered here in Court that same Terme to be inroled upon record T 28. H. 8. rot 328. View View was granted in a Writ de consuetudinibus and Servitiis M 2. and 3. P and M. rot 315. Norff. ss Alias writ of view awarded where the Sheriff retu ned upon the first writ of view that none of the Demandants would shew him the lands It was commanded the sheriff that justly c. he cause to be had to T. K. Knight the view of the mannors of B. B with the appurtenances which Geo. O. Esq in the Court of the Lord the King and the Lady the Queen here claymeth against him by Writ of the said Lady the Queene de ingru in le per And that he should say to 4. Knights who would be present at that view that they should be here at this day to wit tres Mich. to testifie the said view And now here at this day came aswell the said G. by I. C. his attorney as the said T. by P. P. his attorney And the sheriff to wit I. S now retorneth that none on the part of the said demandant came to shew the said sheriff the Mannors aforesaid and for that default he could by no meanes execute the execution and command of that Writ As that Writ in it selfe doth exact and require Therefore as before let the said Thomas have view of the Mannors aforesaid with the appurtenances the same day is given aswell to the said George as to the said Thomas here c. in Cr. Pur. and in the meane time c. THat the view ought to be examined in an assize and Wast and that there ought to be 6. Nota. Recognitors to have the veiw and that 4. of them be hundreders c. Venire Facias P 3. and 4. P. and M. rot 126. Whotly
that the moyety should be redelivered remayneth against the said I.N. thereof without defence Therefore it is considered that the said I. N. of the moneys received by the same I. aswell for the issues and profits of the moyetyes aforesaid as of the woods and under-woods aforesaid in the said moyety late growing by the same I. N. cut downe and sold should account with the said T. B. And also that the moyety of the Tenements aforesaid with the appurtenances should be redelivered to the said T. B. And hereupon the same T. B. prayeth a Writ of the Lord the King and of the Lady the Queen de Reliberand to the same T. B. the moyety aforesaid to the said sheriff of Warr. to be directed and it is granted him retornable in Cr. S. Martin c. Entry of a Venire facias direct d by the 〈◊〉 of the common Bench to the keeper of the Pallace of the Lord the King of West who is the warden of the Fleer to retuâ—ne a Iury of attornies of the Common Bench to inquire of all misdemeanours done in the same Court ss It was commanded the Keeper of the Pallace of the Lord the King of Westminster that he should cause to come before the Justices of the Lord the King of his Bench here the 29 day of November that same Term 12 attornies of the Court of the Common Bench here whereof every one of them should have 100 s. in lands Tenements or rent by the yeare at the least by whom the truth of the matter might be the better knowne to inquire upon theire oath of all Felonies Falsehoods rasures and deceits whatsoever in the court of the Lord the King here done or committed c. At which day W. B. Esquire keeper of the pallace aforesaid retorneth here a certaine Paunell with the names of the Jurors c. 16. of whom to wit W. K. c. are elected and sworne to inquire of and upon the premisses whreupon further day is given to them by the Court here to inquire of and upon the premisses here untill Cr. Pur. At which day here came the said Jurors And hereupon for certaine causes the Court here moving further day is given them by the court here to inquire of and upon the premisses untill tres Sept. Pas At which day here came the Jurors aforesaid who say upon their oath that whereas otherwise to wit in the Term of S Hillary An. Rs. nunc 17. before Io. Br. Knight and his associats then Justices of the Lord the King of the Common bench at Westminster one 1. Allen Knight prosecuted a certaine account of debt against Robert Hodgson late of Presentment made by the inquest of the attornies c. Gent upon demand of 20 l. And the same R. in the said Court by R Swinlow his attorney appearing in the defence by him made saith nothing in Bar of preclusion of the action of the said I. A. aforesaid for which it was then considered there that the same I. should recover against the said R. his debt aforesaid and his damages by occasion of the detayning of that debt as it appeareth in the same Term rot 325. and the same R. afterwards for that cause was put into the Hustings of London to be utlawed and for that cause afterwards was utlawed as it doth appeare in Trinity Term An. Rs. nunc 18. rot 260. and afterwards to wit 12. November An Rs. nunc 21 at Westminster in the county of Midd. in the Tresure-house there whereunto the records of the Lord the K. belong to the Common Bench under the custody of Geo. Roll Clearke of the Tresury aforesaid were kept these words or sayings to wit Wassan and Sinhowe by the procurement of the said Ro. Hodgson were rased to the intention to vacat and altogether to make null the utlawry aforesaid and of the same word or saying called Wassand was made warrand and of the same word or saying of the name of the attorney of the said Robert Hodgson called Swinhow the letter H. at the end of the same Writ was cased and abstracted and the letter H. was made the letter B. so that the name of his attorney on the plaint aforesaid by the procurement of the said Ro. Hodgson by reason of the said rasure now is Swinbowe in contempt of the Lord the King but who or whom rased that record the Jurors hithrto are altogether ignorant and hereupon the Jurors aforesaid have further day to inquire of and upon the premisses to wit untill the feast of St Iohn Baptist then next following c. At which day here came the Jury aforesaid and upon this day is further given to the Jury aforesaid to inquire of and upon the premisses here untill 15. Mich. then next following c. Withernam P 44. Eliz. rot 1201. ss It was commanded the sheriff Entry of pledges of new after withernam and warding of second deliverance and awarding of a writ ad Deliberan averia capt in Withernam upon an nonsuit beore appearance whereas W. H. bad been summoned to be in the Court of the Lady the Queene here to wit at Westminster to answer I K of a plea wherefore he took a certaine Oxe of the said I. and him unjustly detayned against sureties and pledges c. The same I. afterwards in the same Court of the Lady the Queen here to wit at Westminster made default by which it was considered in the same court of the said Lady the Qu. here that the same I and his pledges of prosecuting should be thereof in mercy And that the same W. should goe thereof without day and that he should have retorne of his Oxe aforesaid whereupon it was commanded to the same sheriff 30 H 8 Dier so 41. Pl 4 and fo 59. Pl 14 Pasch 27 Eliz rot 1134 entry of a w it of Capias in withernam in like case H. 19 7 rot 401. like entry P 44 Eliz. rot 1935 inter L and P and others that without delay he should make retorne of the said Oxe to the same W. And should not deliver him at the complaint of the said I. without a Writ of the said Lady the Queen that of the said judgment should make expresse mention And in asmuch c. he should make appare here in Cr. Pur. last past And the same sheriff to the Justices of the said Lord the King here at this day retorned that before the comming of the Writ aforesaid the said Oxe was inlarged by the same J. to places altogether to him unknown so that he could not make retorne of the Oxe aforesaid to the said W as by the said Writ to him is was commanded Therefore c. that of the cattle of the same I. to the value of the Oxe aforesaid before taken he should take in Withernam and should deliver them to the said W. to hold to him untill the Oxe aforesaid before taken could be retorned And that he should put by Sureties and
Sure pledges the said I. that he should be here at this day to vvit A die Pas in un mensem to ansvver asvvell the said Lady the Queen of the contempt as to the said W. of the Damages and injuries to him in this behalfe done c. And novv here at this day came asvvell the same I. by I. P. his attorney as the same W. by P. K. his attorney and the sheriff to vvit H V Esquire novv retorneth that he by vertue of the Writ aforesaid to him directed took in Withernam three Covvs of the goods cattles of the said I And caused them to be delivered to the said W to hold to him untill the Oxe aforesaid before taken might be retorned And that the said I vvas attached by his cattles to the value of 12 d. And hereupon the same I prayeth to be admitted to make a fine vvith the said Lady the Queen by occasion of the premisses And is admitted c. and is fined by the Justices here to 3 s. 4 d. vvhich by the command of the Justicas here he paid to R. B. Esquire cheife Prothonotary of the Court of the Common bench of the said Lady the Queen here for necessary reparations of the Court here don and to be don Note that it is a better form to award the writ of 2 Deliverance after the Recognizance Fit Na br fo 72 D Therefore the same I. may goe thereof vvithout day c. or quiet c And hereupon the same I. by the statute c. prayeth a Writ of the Lady the Queen de secund delib And it is granted him retornable here in Cr. S Trin. and also the same I. in the said Court here found pledges of nevv as vvell to prosecute his claime as to retorn to the same W the Oxe aforesaid before taken or the price of the same cattle if retorne thereof be adjudged to vvit I P of c under the penalty of the said I K. 20 l. and I. G. of c. under the penalty of the same I P and I G of 40 l. c. vvhereupon the sheriff vvas commanded that vvithout delay he make deliverance to the same I of the cattle aforesaid taken in Withernam Note that divers prefidents mentioned the writ at large And in asmuch c he make to appeare here at the said Cr. S. Trin. c. and that he should put by sureties and safe pledges the said W. that he should be here at this day or the said Term to ansvver to the same I. of the taking of the Cattle aforesaid before taken c. The like in Hill 12. Ja. rot T 9 Iac rot 11 Brownlow in t Smith and al Mich 16 Ia rot 505 Mich 34 and 34 Eliz rot 617. after entry of the pledges c. thus after wards to Wit at the said Cr Trin. came the said I by his attorney aforesaid and by the statute c. prayeth a writ second deliverance c. 2280 Brownlow between Wenworth and Wilton See Mich 10. Jac rot 393. or 2393. between Loueday and White like pledges c. Note that in this case the Plaintiff prayeth that the defendants attorney present in Court might gage to him deliverance of the cattle taken in Withernam And Serieant Pelham mooved the Court Gage deliverance prayed denyed that the course was such and shewed a president in Hill 15. Eliz rot 708 where a demurrer was upon the like point and was adjudged that the Attorny should gage deliverance for his Clyent and also he vouched the authority but notwithstanding that the court held such course to be very inconvenient for the attorneys and there upon adjudged that a Writ should issue out to the sheriffs to deliver the cattle taken in Withernam as in this president which note ALso at the said Cr. Nota Trin the sheriff retorned that the Cattle taken in Withernam were inlarged Testar Capias in Withernam and moreover that he to whom they were delivered had nothing in the County And in truth they were eloyned in an other County and hereupon a testat br awarded in the other County where the cattle were eloyned ANd also that Justice Glanvill said that he who shall have Cattle in Withernam cannot sell them or kill them Mich 11 Eliz Dyer fo 280 Pl accord as he who hath Cattle irreplegiable and in that case an Action of trover well lyes after tender of satisfaction in Court which note but inquire M 36. and 37. Eliz. rot 2640. Brownlow An entry as in the president before the entry of the pledges de novo at the end of the recognizances And hereupon the same T. prayeth that the said W may gage to him deliverance of the cattle aforesaid taken in Withernam in Forme aforesaid which said W. to gage deliverance of the same Cattles in forme aforesaid taken in Withernam here in Court refused Therefore it is commanded to the sheriff of Devo that those cattle taken in Withernam in Form aforesaid without delay he cause to be delivered to the same T. and what c. The sheriff make appeare here c.. in Oct. Hill c. P 11. Jac. rot 2446. VValter Sommerset Int. P. and P. such an entry after Cap. in VVithernam entred and pledges found if retorne thereof should be adjudged to wit W. R. and H. W. Subpoena 10 l. which the same W. and H have acknowledged and both of them do acknowledg to be made of their Goods and Chattles to the use behoof of the avowant to belevied If it shal happen the said R. not to make deliverance of the Cattle aforesaid before taken in forme as aforesaid Or not to satisfie the said I. of the price of the cattle and hereupon the same K. prayeth deliverance of the said cattle taken in Withernam as is aforesaid to her to be adjudged c and because the said I. was solemnly called to gage deliverance and came not therefore it is considered that the said K. may have returne of the Cattle aforesaid taken in Withernam therefore it is commanded to the said sheriff that the cattle aforesaid by him taken in VVithernam without delay he cause to be delivered to the said K. and in asmuch c. the sheriff make to appeare here in Cr. Trin. c. THE TABLE Abatement ABatement pleaded to a Scire fac against an administrator for that the administration was by two and but one named in the Scire fac fo 1. Admission Admittance to a fine after a Cepi Corpus returned upon a Capias pro fine ib. Admittance to a Fine after Averia elongat returned in a retorn habend ib. Admission of the third Prothonotary to his Office fo 3. Admission of the second Prothonotary to his Office ib. Accedas ad cur Accedas ad cur entred to remove a cause out of the court Baron c. And a Procedendo granted c. for the insufficiency of the cause shewne fo
4. Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damags in the plaint are under 40 s. fo 5. Allowance A writ of allowance entred for one of the Just of the common Bench by reason of infirmities fo 7. Amertiament Amerciament entred against a sheriff for his insufficient retorn upon a writ of wast Amerciament nor returning for a Capias Utlagat ib. Amerciament for not returning of Capias ad Satis after severall daies given by the court ib. Amerciament for the marshall for non attendance upon the judge upon the essoine day ib. Amerciamet Amerciament entred against the sheriff upon an attachment of Priviledg and a Habeas Corpus awarded fo 11. Amerciament entred upon an attachment of priviledg for one of the Judges clarks of the common Bench and awarding of a Habeas Corpus ib. Amerciament entred against a baily of a liberty upon a Cepi corp returned and a Distringas awarded upon an attachment of priviledg ib. Amerciament entred against the sheriff upon returne of the Languidus in prisona upon an attachment for contempt 12. Appearance Appearance baile in court entred upon a writ of priviledg in discharge of the sheriffs bond 9 Appearance entred to a writ of priviledg in trespasse ib. Appearance made in discharge of Manucaptors upon meane Proces 10. Attachment Attachment in the Mayors court for debt the attachment disattached by baile and plaint removed by a common writ of priviledg with Cerciorare 10 Attachment entred in a Quare impedit and a distres awarded ib. Attachment awarded in the like with summons and severance 1. of the plaintiffs comes not judgment that the other sequat solus the Bishop Essoines c. ib B Ballivo Amovendo Entry of a writ of Ballivo amovendo for continuing his office above one year together contra formam statuti 13 C Capias ad satisfaciendum ENtry of a testat ca sa for residue of a debt whereof part was levied upon a testat fi fac 14 Capias pro fine entred and an Exigent thereupon ib. Entry of Ca. sa after a Fi. fac and Spec. return of Devastavit against the executrix upon the inquisition 15. Entry of a writ of Testat ca. sa in the county Palatine after a devastavit returned against the exec upon a testat si fac de bonis Testatoris 17 Entry of a Ca. sa by the executors of the Conusor after the death of the Conusee in a statute merchant 18 Entry of a Capias ad sat upon a statute merchant upon the sheriffs returne that the defendant is dead an Extent is prayed against his lands by the statute and granted in the county Palantine of Lanc. 18. Entry of a Capias upon a statute merchant and upon Laici and non inventus returned an Extent awarded 19 Continuance of an extent where the writ is awarded in one county ib. Entry of a Capias ad satisfaciendum after nulla bona returned upon an Elegit ib. Entry of Ca. sa in the proper county and non inventus retorned and a testat ca. sa awarded into a forreigne county 20. Entry of a Capias ad sat upon a writ of priviledg and Cepi corpus returned and after the sheriff returns that specially that before he toke him by vertue of an other writ c. the defendant is bayled upon the Execution and an attaint brought c. ib. Commitment Commitment specially entred for levying of a fine in the name of the person who refused to acknowledg 22. Commitment for forging of writs and counterfeiting of the seale 23 Commitment for making a faigned writ of Supersedeas 24. Commitment to the Fleet upon a Cepi corpus upon a Capias utlagat with a Remittitur into London to answer the plaint there c. ib Commitment to the Fleet of one in execution upon a judgment there ibe Commitment of one in execution upon a Scire sac upon judgment the defendant saith nothing in bar judgement that execution c. ib Commitment of one to the fleet for rasure of a Record in the common Bench ex confesso afterwards fined and set at liberty 25. Commitment by the indictment roll without any proces of execution sued forth upon a Habeas Corpus Commitment of a Prothonotaries clarke and a sheriffs clarke for rasing an execution the returne and and test and serving of the writ before it was new sealed spe examinants ib. Commitment of an attorney for altering of a counter plea of the voucher 26. Commitment to the fleet for rasure of a fine and a fine imposed ib. Commitment upon a Habeas corpus from the Judges chamber the writ bore test 4. July 18. Iac the term ended 5. July upon which day the judge delivered the commitment to be inroled 30 Commitment of one to the Fleet in vacation time brought by the sheriff of London by Habeas corpus before the Judg. 32. Commitment of a prisoner to the Fleet brought to the bar in terme by a Habeas corpus ib. Commitment for forging a Cirography to a fine 33 Commitment of an attorney for prosecuting a Capias in trespas without any originall to warrant it dismissed upon a fine Entry of orders for the right regulating of Offices in the court of common Bench. 34. Commitment of an attorney turned over the Bar for divers falsities 35 D Debt ENtry of writ ad Levand deb de bonis mobili Cleric upon a statute merchant upon returne of nulla bona mobilia and that he is benificed an extent is awarded 36. Distringas Entry of a distringas against the Lord of a Mannor in ancient demesne to hold his court that the sheriff Recordari fac Loquelam 36 Entry of a distringas against a sheriff for returning of pettit issues and a Testat distringas granted to a forreigne county to distraine the Defendant by greater issues 37 E Elegit ENtry of an Elegit upon the Roll of the entry of the Scire fac the same terme in which it was retorned and a speciall retorne of the sheriff 37 Entry of a writ of Elegit against a clerk the sheriff returns non habet Laic Feod and an Extent awarded to extend bona terra ecclesiastica but upon motion a Fi. fac was thought more proper awarded 39 Entry of an Elegit after an Elegit 40. Entry of an Elegit for the value in dower 41. Execution Entry of the tender of the body in execution in discharg of the Manucaptors 41. Entry of a tender of the body in execution after judgement against the principall in discharge of his suretyes 42. The defendant discharged out of prison for that the plaintiff prayed him not in execution ib Execution Entry of a tender in execution the Pla. prayes him in execution of the court Cur advisare vult because a writ of Error is brought and the record and recognizance are certified away but at length committed in discharge of his sureties 34. Extent Entry