or ought to be charged by the Law by reason of the office of the Sheriffwick of the said County from time to time and do content and pay to the said Sheriffe his Executors or Assignes all such summe and summes of money as the said Sheriffe his Heires Executors or Assignes ought to pay to his Highnesse the Lord Protector or to any other person or persons or be due to the said Sheriffe by reason of the said Office of Goalership That then c. Or Thus. THe Condition c. That if the above bounden A. B. Gaoler to the said Sheriffe of the County of Yorke do from time to time receive and take into his ward and custody within the Gaole at the Castle of Yorke in the County of Yorke aforesaid all such person and persons prisoner and prisoners which shall be committed or sent to the said Gaole or committed to the ward and custody of the said Gaoler by the said Sheriffe or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Gaole and the said persons and prisoners so committed as aforesaid doe well and truly duely and sufficiently by his owne proper person or by his sufficient Deputy or Deputies so keepe that the said Sheriffe his Heires and Executors and all the Lands Tenements Goods and Chattels of the said Sheriffe be saved harmlesse from all losses penalties amerciaments and damages whatsoever as well against his Highnesse the Lord Protector c. As also against all other person and persons of for and concerning the custody and keeeping of the said Gaole and Prisoners within the said Castle of Yorke or else-where in the said County of Yorke and likewise doe discharge save and keepe harmlesse the said Sheriffe his Heires and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and Escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanours which may happen or chance hereafter to be committed to the said Gaole for any the causes aforesaid during the time the said C. D. shall be Sheriffe of the County of York and likewise that the said A. B. or any other by his consent privity or appointment in any wise let to baile or mainprize any prisoner or prisoners to him committed as aforesaid not baylable by the Lawes of the Nation without the speciall commandement or appointment of the said Sheriffe And if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriffe and his Deputy at all times necessary and convenient and all and every lawfull thing and things that he shall be required to do by the said Sheriffe or his Deputy touching or concerning the c. affaires and businesse wherewith the said Sheriffe is or shall be charged or employed in or about the keeping of the said Gaole or Prison that then c. Articles betwixt the High Sheriff and a Bayliffe of a Wapentake or Hundred ARticles of Agreement indented and made the tenth day of March in the yeare c. Between A. B. of R. in the County of Y. Esquire High Sheriffe of the said County of the one part and C. D. of A. in the said County Gentleman of the other part Whereas the said A. B. by his deputation under the seale of his Office hath constituted and appointed the said C. D. to be his Bayliff within the Wapentake of Ewcrosse to execute and enjoy the same Office onely during the pleasure of the said A. B. Now it is covenanted and agreed between the said parties and the said C. D. for himselfe his Executors Administrators and Assignes for the consideration aforesaid doth covenant and grant unto and with the said A. B. his Heires Executors and Admnistrators in manner following First That the said C. D. shall and will during such time as he shall execute the said Office well and sufficiently performe and doe whatsoever to the sayd office belongeth as well within the said Wapentake as without And shall with speed and secrecy serve and execute or cause to be served and executed all and every precept and warrant to him directed by the said high Sheriffe or Under-sheriffe And shall make a true returne thereof to the said Under-sheriff or his Deputy by the space of four dayes before the respective returnes thereof And shall likewise from time to time save and keep harmlesse the said high Sheriff his Heires Executors and Administrators Lands Tenements Goods and Chattels of and from all Escapes Amerciaments Fines and sums of money or other charges and incumberances whatsoever which shall or may be imposed or happen upon the said high Sheriff for or concerning the executing or returning of them or any of them 2 Item That he the said C. D. his Executors or Assignes shall well and truly pay or cause to be paid to the said Under-sheriffe or his Assignes at his Office in the City of Y. or lese-where the Blanck-farme due to his Highnesse within the Wapentake within 6 days next after the Annunciation of our blessed Virgin Mary and Saint Michael the Arch-Angel by equall portions and shall likewise at his owne proper costs and charges faithfully and truly levy collect and gather all and every sum and summes of money of what nature soever within the said Wapentake as are and shall from time to time grow due and payable to his Highness or which are and shall be within the charge of the said Sheriffe and estreated and given in charge to the collection of the said C. D. or his Assignes and shall within three weeks next after any Estreat warrant to him directed for the levying and collecting thereof pay or cause the same to be payd unto the said Sheriffe or his Deputy at Y. or else-where or make his personall appearance there to give a just account for what cause he hath not collected nor levied the same 3. Item That the said C. D. shal diligently enquire of the Goods and Chattels of all Felons and Fugitives and of all persons outlawed and condemned and of goods and chattels waived estrayed and escheated within the same Wapentake And the same shall lawfully inventory and seise into his Highnesse's hands as Bayliff of the said Wapentake and shall likewise truly account for and deliver or cause to be delived unto the hands of the said Sheriff or his Deputy the goods so seised and inventoried within one moneth next after such seisure and inventory made 4. Item That the said C. D. shall from time to time give lawfull summons and warning to all such persons Jurors and Free-holders as shall from time to time by warrant from the said High Sheriffe or Under-sheriffe be appointed to appeare before his Highnesse his Justices of Assize or Gaole-delivery Justices
whatsoever which they ever had now have or hereafter may have or they or either of them may have according to the custome of the same Mannor of in or to seven Acres of land with one Messuage parcel of the tenement called S. and of in and to two acres of Copy-hold land of the Tenement of W. c. which said premises the said S. lately had and took up and now holdeth to him and his heires after Surrender thereof made by I. W. as at the Court there holden on Wednesday the 21. day of March in the year c. more at large appeareth to the behoof and use of the aforesaid S. N and of his heirs so that is to say that neither the aforesaid I. W. and R. nor either of them nor their heirs nor the heirs of either of them from henceforth may require claim or challenge any estate Right title Dower and demand thereof to be had from henceforth shall be altogether barred and excluded and either of them is barred and excluded by this present surrender release and quit claim and for this surrender remise and release the said S. doth give a Fine to the Lord c. A Surrender of Copyhold in Court with the admission of the tenant accordingly TO this Court came A B. gent. Copyhold Tenant of this Mannor and present here in Court did surrender into the hands of the Lord of the same Mannor two acres and a half of land lying in two pieces in C. be it more or less whereof the first peece doth lye between c. and the other peece is accounted for half an acre and lyeth c. which said two acres and a half the said A. B. late in the Court did take up to him his heires and assignes after surrender made thereof by I W. as at the Court here holden on Friday the sixteenth day of May in the year c. more plainly appeareth to the behoofe and use of I. W. and R. his wife and the heires of the said I. W. which said I W. and R. present here in Court do desire of the grace of the Lord to be admitted to the aforesaid two acres half of land according to the form and effect of the Surrender aforesaid and they are thereunto admitted tenants to whom seisin thereof is delivered to hold to the said I. W and R. and to the heires of the said I W. of the Lord of the Mannor aforesaid by the Rod of the will of the Lord according to the custome of the Monnor aforesaid by the services c. and the rent of 2 s by the year saving the Right c. and he doth give to the Lord a Fine and the said I W. hath done Featly to the Lord c. A surrender and Lease made in Court with the examination of the Wife AND afterwards at this Court came the aforesaid I. S. and M. his Wife and present here in Court and the said M. being solely and secretly examined by the Steward of the same Court and consenting did surrender remise and release into the hands of the Lord of the Mannor aforesaid all their right state title possession Dower and demand of them the said I. S. and M. of in and to all and singular the premisses aforesaid with the appurtenances to the behoose and use of the said R. K. and his heires and assignes for ever in his full and peaceable possession of the premisses now being so that is to say that neither the said I. S. and M. or either of them from henceforth shall require claime or challenge any right title Dower or demand of in or to the premisses or any part or parcel thereof but of and from all action right title Dower or demand thereof to be had for ever hereafter shall be barred and excluded by this inrollment And the said I. S. for the said remise and release doth give to the Lord a fine c. A Surrender of Lands made in Mortgage upon condition for the payment of money with the admission of the Mortgagee by her Attorney and the Fealty respited AND immidiatly after the same Court the aforesaid N. B. present here in Court did surrender into the hands of the Lord aforesaid by the hands of his Steward of the same Mannor one piece of Land containing by estimation two acres of arable Land lying between the Lands of the Mannor of R. late of N. B. of the West part and the lands c. together with the wayes and pathes to the same belonging and used which said piece of Land R. B. the Father of the said F. whose heire he is late had to him his heires and assignes amongst other things after the Surrender thereof made by W. B. and E. his Wife as at a generall Court with a Leet there holden on Thursday next after c. in the yeare c. appeareth to the behoofe and use of F. D. one of the daughters of N. D. Gent. and of the heirs and assignes of the said F. under this forme and condition that if the said N. B. his heirs executors or administrators or any of them shall pay or cause to be payd to the said F. D. her heires executors administrators or assignes at the mansion house of the said R. B. in H. in the County of York Gent. the summe of twenty pounds of good c. in or upon the twenty eighth day of October next following after the title of this Court that then the said surrender shall be void and of none effect or vertue and that then also it shall be lawfull for the said N. B. his heires and assignes to re-enter into the said piece of Land and the same as in his former estate to have againe repossesse and re-enjoy the said surrender or any thing to the contrary notwithstanding and upon this the said F. by C. W. her Attorney in this behalfe is admitted thereto tenant and Seisin is delivered to the said F. her heires and assignes under the condition aforesaid and in manner and forme aforesaid by the Rod at the Will of the Lord according to the custome of the Mannor aforesaid by the services c. saving the right c. And he doth give the Lord for a fine c. and Fealty is respited untill c. A Surrender of Lands made presently in Court ANd afterwards sitting in the same Court the aforesaid F. W. present in Court did surrender into the hands of the Lord of the same Mannor in the aforesaid Close containing by estimation five acres called L. to the behoofe and use of C. W. his Brother and to the heires and assignes of the said C. to which said C. seisin thereof is delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the Custome of the same Mannor by the services c. saving the right c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord
chattels which late were W. W. deceased at the time of his death and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of as well a certain debt of 40 l. which T. L. in my County Court by vertue of a Writ of Justicies recovered against him as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages which he sustained by reason of the detaining of the said debt If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hand which were the said W. W. at the time of his death sufficient to satisfie the debt and damages aforesaid If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid That then you or some of you levy of the proper goods and chattels of the said I. W. the damages and costs aforesaid so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render to the said T. L. the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office the c. I. B. Esq c. to all and singular my Bayliffs c. greeting I command you and every of you that of the goods and chattels of T. O. you levy 20 s. which S. D. in the County Court according to a Statute provided in that case were adjudged for his costs and damages which he sustained in his own defence in a certain Plea of debt which the said S. D. against the said T O. of late brought because the said T. O. did not prosecute his Suit but was thereupon non-suited and convicted so that I may have the mony at my next County Court at the Castle of Y. holden on Munday c. next to satisfie the aforesaid S. D. of his costs and damages aforesaid And this c. Given under the Seal of my Office the c. I. B. Esq c. to all c. greeting I command you that of the goods and chattels of T. C. you levy 40 s. which to P. P. in my County Court were adjudged for his damages which he sustained in his own defence in a Plea of debt by the said W. against him the said P. P. lately brought whereof the said P. P. was quieted and by Verdict of his Country whereof the said T. C. was convict have you the mony at my next County Court to be holden at the Castle of Y. on Munday c. to satisfie the said P. P. of his damages aforesaid And this c. given under the seal of my office c. I. B. Esq c. to all c. greeting I command you and every of you joyntly and severally that of the goods and chattels which late were of E. S. Esq who dyed intestate as it is said and now in the hands of R. M. Gent. and A. his wife Administratrix of the goods and chattels which were the said E. S. at the time of his death remaining to be administred you cause to be made as well a certain debt of 4 l. which I. W. hath recovered against the said E. S. in my County Court as 30 s. which to him the said I. W. in my same Court were adjudged for his costs and damages which he had by occasion of detaining of the same debt by vertue of a Writ of Justices so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render the aforesaid I. W. of the debt and damages aforesaid whereof the aforesaid E. S. was convict And whereupon it was considered in my same Court that the aforesaid I. W. should have Execution against the aforesaid R. M. c. of the debt and damages aforesaid of the goods and chattels aforesaid by his the said R. M. his default And this given under the seal of my office the c. I. B. Esq c. to all singular my Bayliffs c. greeting I command you and every one of you joyntly and severally especiall to F. P. Bayliff of the Liberty of S. and his Deputies who hath the goods taken upon an Execution issuing out of this Court that those twenty weather Sheep of which each you cause to be apprised at eight shillings of the goods of I. C. Esq which you took and remain in your hands unsold for want of buyers as you your self returned to my Court you expose to sale and the mony thereof which in the whole amounts to eight pounds you have at my next County Court at the Castle of Y. holden on Munday the tenth day of May next to render to W. G. which to him the said W. G. in my Court were adjudged for his damages which he had by occasion of a certain Trespasse to him committed by the aforesaid I. C brought whereof he is convict And this given under the Seal of my Office the 18 day of October in the year of our Lord 1657. By the Sheriff Of a Scire Facias IF a Fieri facias do not issue out within a year and a day after Judgment entered it cannot be had till there be a Scire facias first sued out to summon the Defendant to shew cause why Execution should not be done and if now he neglect to answer or cannot be found to be summoned then a second Judgment shall be given that that Execution be done of the first Judgment If Judgment be given against a Testator albeit it be within a year after Judgment had yet there must first issue out a Scire facias against the Executor or Administrator before Execution to shew cause why it should not be had Or if a man recover against a Feme-sole and she become covert viz. take a Husband within the year and the day then he that shall recover must have a Scire facias against the Husband Scire facias post diem annum I. B. Esq Sheriff c. greeting Whereas W. F. of late in the Court of the aforesaid County by Judgment in the said Court of the County aforesaid held at the Castle of X on Munday the tenth day of February 1654. before the Suitors of the said Court recovered against G. L. as well a certain debt of thirty two shillings which the said W. F. in the same Court recovered against him as thirteen shillings and ten pence which to the said W. F. in the same Court were adjudged for his damages which he sustained by the occasion of the detaining of the debt of which he is convicted for as by the proceedings from thence in the same Court residing notwithstanding the manifest Execution of the aforesaid Judgment remains to be done as by
same A. B. saith that the said Record is vicious and much defective and that false judgment is done to him in the said plaint in this that in the Record no mention is made whole that Court of the Honour of P. is and in this that no mention is made who is Lord of the said Court nor who are Suitors of the same and also in this that the Jury have not found that the said A. B. converted the same peece of Cloth to his proper use and so the same A. B. saith that divers ways in the said Court false Judgment is done to him in the said plaint And prayeth that the said Judgement for those divers errors and others being in the Record as false and erroneous may be revoked and taken for nothing And that he unto all which he by reason of the said false judgement lost may be restored And that the Justices here proceed to the examination of the premisses And because the Justices here c. SOME SELECT PRESIDENTS OF DECLARATIONS AND PLEADINGS Incident and belonging to this COURT Debt Executor against an Executor upon a Bill E. F. Executor of the last Will and Testament of I. F. deceased by vertue of a Writ of Iusticies to the Sheriff of the County aforesaid directed by I. S. his Attorney complains of M. VV. Executor of the last Will and Testament of R. VV. late of T. in the County Y. husbandman deceased otherwise called R. VV. late of T. of Y. Husbandman deceased of a Plea that he render unto him 7 l. of c. which he unjustly detains from him c. for that whereas the said R. VV. in his life time that is to say the 20. day of c. year c. at the Castle of Y. in the County of Y. and within the liberty and jurisdiction of this Court by his bill obligatory sealed with his Seal and here in Court produced bearing date the day and year abovesaid acknowledged himself to be indebted to the said I. F in his life time the whole and just sum of 7 l. of c. to be paid to the said I. F. his heirs executors administrators or assigns upon the third day of May next ensning the date of the said Bill and for the payment thereof the said R. VV. then and there bound himselfe his executors administrators and assigns Neverthelesse the said R. VV. in his life time though often thereunto required the said 7 l. to the said 1. F. whilest he was living hath not paid neither hath the said M VV. Executor of the last Will and Testament of the said R. VV. after his death paid the same to the said E. F. Executor of the last Will and Testament of the said I. F. to which said M. VV.'s hands came all and singular the goods and chattels which were the said R. VV.'s in his life time sufficient to satisfie all the debts which the said R VV. at the time of his death owed to any person or persons whatsoever as also to satisfie the said E. F.'s debt but the said R. W. whilst he lived refused to pay the same to the said I. F. in his life time and the same M. W. likewise after the said R. W.'s death refused to pay the same to the said E. F. after the death of the said I. F. and still refuseth so to do and unjustly detains the same by reason whereof the said E. F. saith he is damnified 10 l. and thereupon produceth this suit c. And the said E. F. produceth here in Court the said letters testamentary by which it appears the said E. F. to be Executor of the last Will and Testament of the said I. E. deceased c. Vpon a Bill to be paid at the day of marriage and issue upon it T. N and E. his wife Administratrix of the goods and chattels which were of I. B. deceased complains by S. D. his Attorney of I. H. of C. in the said County Gent of a Plea that he render unto them 5 l. which he unjustly detains c. for that whereas the said I. H. such a day year and place by his certain bill obligatory with his seal sealed and here in Court produced the date whereof is the same day and year For and in consideration of one Gold-ring with a certain Stone called a Diamond in the same Ring fixed of the aforesaid T. B. in his life time received the day of the making of the aforesaid bill did acknowledge and grant to and with the aforesaid T. B. in his life time that he the said I. H. his executors or assignes would pay or cause to be paid to the aforesaid T. B. his Executors or assignes for the same Ring at such a day and time as he the said I. H. should be wedded or married or at any other time after his marriage whensoever he should be required by the aforesaid T. B. his Executors or assignes or by him that should bring the said bill the said sum of 5 l. to his or their use the aforesaid time to be paid and the same T. N. and E. in fact say that the aforesaid I. H. after the making of the said bill to wit such a day year and place within the Parish Church of H. did take to wise one I. D. by which the action did accrew unto the said T. R. in his life and to the said E. after the death of the said T. B. whilst she was sole and to the said T. N. and E. after espousals between them celebrated to require and have of the aforesaid I. H. the same 5 l. Yet the aforesaid I. H. although often required the aforesaid 5 l. to the aforesaid T. B. in his life time or to the aforesaid E. whilst she was sole to whom the administration of all the goods and chattels which were of the aforesaid T. B. the time of his death such a day year and place was committed to the aforesaid T. N. and E. after espousals between them celebrated hath not rendred but the same to render to them hath denied and the same to them the said T. N. and E. as yet to render doth deny and unjustly detain whereupon they say they are damnified and have damage to the value of 10 l. and thereupon they bring their action c. And they bring into Court here the letters of administration c. The Defendant pleads that he was within age at the time of the making of the Bill AND the aforesaid I. F. by R. B. his Attorney comes and defends the force and injury when c. and sayes that the aforesaid N. and E. ought not to have their action aforesaid against him because he saith that he at the time of the making of the Bill aforesaid was within the age of one and twenty years and this he is ready to aver whereupon he demands Judgment whether the aforesaid T. N. and E. ought to have their action aforesaid against him c.
doe the office and duty of an Under-sheriff in the said County of Y. And shall and will well and sufficiently do and execute for and in the name of the said Sheriffe all and every thing and things concerning the office of the said Sheriffe of the said County of Y. which without the personall presence of the said high Sheriff may lawfully be done and executed and thereof shall discharge the said high Sheriff his Heirs Executors and Administrators And furthermore the said C. D. for him his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said A. B. his Heirs Executors and Administrators and every of them by these presents that neither the said C. D. his Servant Deputy Assignee Clark or Bayliffe by him to be assigned shall or will by colour of his said Office Deputation or Assignment extort levy receive any manner of thing or things which by the Lawes customes or statutes of the Common-wealth are or shall be prohibited or not allowed whereby the said Sheriff his Heirs Executors or Admistrators or any of them may in any wise be either in their persons goods or lands lawfully defamed impeached charged impaired molested or troubled And further the said C. D. for himselfe his Heirs Executors and Administrators and every of them doth covenant promise and grant to with the said A. B. his Heirs Excutors and Administrators and every of them by these presents That he the said C. D. shall and will assigne and appoint sufficient Deputies and Attorneys in all Courts accustomed aswell to receive writs warrants precepts and commandements to the said Sheriff to be directed and to make processe thereof and to do all thing and things for the executing serving and sufficient returning thereof And also shall make and appoint a sufficient number of Deputies in all parts of the said County of Y. according to the Lawes and Statutes of this Common-wealth And he the said C. D. shall and will from time to time give reasonable notice and warning unto the said A. B. of all such things as shall be requisite and necessary for the said A. B. Sheriff of the said County or by reason of his said office in his owne person to do or execute and therein at all times in his owne person or by his sufficient Deputy shall be ayding and assisting as well for the doing and executing thereof and the returning thereof As also shall bear and pay all such charges thereof as to the Sheriff by reason of the said office should appertain except mans meat and horse meat And also the said C. D. for himselfe his Heires Executors and Administrators and every of them doth covenant promise and grant to and with the said A. B. his Heirs Executors and Administrators and every of them by these presents that the said C. D. his Heires Executors Administrators or Assignes shall and will well and truly from time to time receive all such extracts and processe whatsoever wherewith the said A. B. as Sheriff of the said County of Y. is or shall be chargeable to receive and that the said C. D. his Heires Executors Administrators and Assgnes shall and will well and truly collect levy and gather all Fines Issues and Amerciaments Seisures Fee-farms Rents Profits Certainties Pipe-silver Chequer-silver and all manner of Debts Duties and Demands whatsoever wherewith the said A. B. as Sheriff of the said County of Y. his Heirs Executors and Administrators their or any of their Goods Chattels or Lands may in any wise be charged or chargeable and the same to pay to his Highnesses use at such times as the said A. B. is charged or chargeable to pay the same and thereof and of every part and parcel thereof to acquit and discharge as wel the said A. B. his Heires Executors and Admnistrators and every of them as also all and singular their and every of their Goods and Chattels Mannors Messuages Lands Tenements and Hereditaments And also that he the said C. D. his Heires Executors Administrators or Assignes shall and will from time to time acquit and discharge or otherwise sufficiently save and keep harmlesse the said A. B. his Heires Executors Administrators and Assignes And also all his their goods and chattels Lands Tenements and Hereditaments whatsoever of and from all manner of Execution or of Executions of prisoners whatsoever which to the office of Sheriswick shall appertain forfeitures fines amerciaments imprisonments paines penalties or impositions whatsoever to be charged levyed or imposed upon the said A B. Sheriff of the said County of Y. his Heires Executors Administrators or Assignes his or their or either of their goods or chattels Lands Tenements or Hereditaments by reason of any mis-feasance or non-feasance omissions default delay contempt or cause whatsoever of the said C. D. his Deputy or Deputies Attorney or Attorneys Clark or Clarks Bayliff or Bayliffs or other person whatsoever not doing or insufficient doing his or their duty concerning the said office of Sheriffe or Under-sheriffe And that neither he the said C. D. nor any his Assignes Deputies Clarks or Attorneys shall or will intermeddle with the execution or returning of any Leters or commandements from his Highness the Lord Protector or any of his Highnesses Privy Councell without the privity notice and direction of the said A. B. then first had And the said C. D. for himselfe his Heires Executors Administrators and Assignes and every of them doth further covenant and grant to and with the said A. B. his Heires Excutors and Administrators by these presents that hee the said C. D. shall receive into his custody all prisoners to be committed to his charge and them sasely and honestly shall keepe untill they shall be brought and delivered into the Goale or Prison of the said County there to be safely kept by the Gaoler or keeper of the same Gaole or Prison untill by due course of Law they shall be delivered And of such prisoners as shall be convicted or attainted shall make or cause to be made due Execution according unto the quality of the judgement against every of them to be pronounced AND that the same C. D. shall and will within sixe dayes next before the beginning of every Terme which shall be during the time of the said Sheriffe-wicke well and truly deliver and certifie unto the said A. B. a true Note or Certificate in writing under his hand of all such VVrits of Execution whatsoever as before the Terme shall be come to his hands with the name and sir-name of the party and parties for whom the said Execution is to be done and also the name and sir-name against whom the same is to be executed and the summe and summes of money thereby severally to bee levyed and what is done therein upon every such WRIT or PROCES In Consideration of all which premisses the said A. B. is contented and pleased that the said C.
accompt without demanding any allowance or allowances therefore of the said A. B. his heirs executors administrators or assignes and the said C. D. doth further for the consideration aforesaid for himself his heirs executors administrators and assigns for every of them covenant promise grant and agree to and with the said A. B. his heirs executors administrators and assignes by these presents that the said C D. his executors or administrators shall and will from time to time and at all times hereafter well duly and truly satisfie and pay all and singular such summ and sums of money as he the said C. D or any deputy Clark or Clarks Bayliff or Bayliffs substitute or substitutes under him shall at any time and times and all times levy and receive by vertue or reason of any writ or writs Processe of Extent Liberate Capias ad satisfaciendum Fieri facias Elegit Distringas nuper Vice-comes against any former Sheriff or any other writ or writs of execution or warrants whatsoever according to the purport and true tenure of any such writ or writs warrant or warrants respectively and in such manner as by the same respectively shall be limited required or appointed and shall from time to time sufficiently save harmlesse and defend the said A. B. his heirs executors and administrators of for and from all and every such summ and summs of money as aforesaid And further he the said C. D. his heirs executors administrators or assignes shall and will at his and their own proper costs and charges conduct and safe delivery make of all such prisoners as are or hereafter shall be in the Custody of the Goal for the said County of Y. to such person and persons and to such place and places as the said A. B. shall by writ warrant or other precept or commandment or by vertue and in respect of his said office be commanded or bound to deliver the same And further shall and will also at his and their own proper costs and charges execute or cause to be executed all such persons as at any time during the time aforesaid shall be convicted and put in execution according to their several judgments if the same person or persons be not by any lawfull authority reprieved into the said Goal And the said C. D. doth further for himself his heirs executors administrators and assignes and every of them covenant grant promise and agree to and with the said A. B. his heirs executors administratos and assignes by these presents that he the said C. D. his executors administrators shal wil upon the discharge giving up of the said office to such as shall succeed in the said office of Sheriff-wick of and for the said County of Y. in due form of law deliver or cause to be delivered by Indenture to be made between the said A. B. and his successors in the said office to the said successor of the said A. B. in the said office or to his Deputy for the time being all such prisoners as then shall be in the custody of the said A. B. or of any of his Deputies or Ministers with the causes of their detainments and imprisonments and all such iron implements and things as shall be in the custody of the said C. D. belonging to the common Goal of the said County or to the officers of the same And also all writs processe warrants and other things which then shall be in his hands and custody in respect of the office of Sheriswick of in and for the said County of Y. And the said C. D. dorh further for himselfe his heirs executors administrators and assigns covenant promise grant and agree to and with the said A. B. his heirs executors and administrators by these presents that he the said C. D. his heirs executors or administrators shall and will from time to time and at all times hereafter discharge defend and save harmlesse as well the said A. B. his heirs Executors and administrators and his and their lands and tenements goods and chattels aswell against his Highnesse the Lord Protector and all other whatsoever of and from all manner or pains corporal and pecuniary forfeitures fines amerciaments debts accounts duties and demands whatsoever hereafter lawfully to be commenced prosecuted imposed demanded or demandable of or against the said A. B. his heirs executors or administrators or his or their lands goods tenements and chattels for or by reason of any escape of any prisoner or prisoners whatsoever now under execution or under arrest or hereafter to be had in execution or under arrest for any manner of debt damage trespass account or other duties or wrong or for any treason selony or other offence whatsoever or for any other or by reason of not appearance of any person arrested at the day limited for the appearance in any Court or Courts or before any Judge or Judges or Justices whatsoever or for or by reason of any false return not return or mis-return of any writ warrant or processe or for any other misbehaviour negligence or larges of the said C. D. his Bailiffs or Officers in executing or negligence in executing or not in executing of the said office of Sheriswick for the said County of Y. of or for or by reason of the not levying answering or not paying of any sum or sums of money which shall or may or ought to be collected or received by vertue or by reason of the said office of the Sheriswick of the said A. B. or having relation thereunto or by reason of any writ or writs of assistance for the levying of any sums of money wherewith the said A. B. shall or may be charged or chargeable of or for any matter clause or thing having relation to the said office and to the intent that the said C. D. may the better perform the execution of the said office the said A. B. is contented and pleased and doth hereby grant unto the said C. D. that he the said C. D. shall have to his own use the benefit of such Bonds and Covenants as shall be taken of any person or persons wherein the same person or persons shall become bound unto the said A. B. as Sheriff of the said County of Y. with condition for their of any of their appearance in any Court or elsewhere before any Commissioners of his Highnesse the Lord Protector And of all Obligations taken or to be taken of any Bayliffes or their sureties and of all other Bonds and Covenants which are or shall be made to the said A. B. as the Sherif of the said County of Yorke except the Covenants herein contained and the Bonds and Obligations taken or to be taken for the performance of the said Covenants and every of them except before excepted and shall and may sue and prosecute the same in the name of the said A. B. his Executors and Administrators at the proper costs and charges of the
levy of the Goods and Chattels which late were of P. R. of c. deceased at the time of his death in the hands of W. T. Executor of the Testament and last Will of the said P. R. the Testator a certain debt of 200 l. which the said E. F. in the said Court hath recovered against the said W. T. the Executor as by the said Writ now delivered to the said Sheriffe in forme of Law to be executed more at large appeareth And whereas the said E. F. hath informed the said high Sheriffe and Under-sheriffe that divers goods chattels and debts which were the said P. R. the Testator at the time of his death to the value of his said debt of 200 l after the death of the said P. R. the Testator came to the hands of the said W. T. the Executor within the said County to be administred and that the Executor since the death of the said P. R. the Testator came to the hands of the said W. T. the Executor within the said County to be administred and that the Executor since the death of the said P. R. the Testator hath wasted the same so that unlesse the said Sheriffe shall upon the said Writ of Fieri facias make his returne to this or the like effect viz. That the said Goods and Chattels which were the said P. R. the Testator at the time of his death to the value of the said two hundred pounds did after the death of the Testator come to the hands of the said Executor within the said County of Y. to be administred and that the said Executor hath wasted the same so that the said Sheriff cannot by vertue of the said Writ of Fieri facias do execution thereupon of the goods and chattels as is thereby required And so that also the said E. F. cannot by course of Law have the benefit of his said recovery whereupon the said High-Sheriff and his under-Sheriff being desirous to do what to them or either of them by vertue of their said Office appertaineth for the surtherance of Justice in that behalfe giving credit to the said assertion and affirmation of the said E. F. the said High-Sheriff at his earnest request hath upon the said Writ of Fieri facias in form of Law returned to his Highnesses Justices of the said Court of Common Pleas a Devastavit of the Goods and Chattels which were the said Testators at the time of his death and came to the hands of the said Executor to be administred to the said value of the said debt of two hundred pounds Now therefore these presents do witnesse that the said E. F. and T. P. for the indempnity and saving harmlesse of the said High-Sheriffe and Under-Sheriffe and of their and either of their Clerks of for and concerning the making of the said return in case the assertion and information of the said E. F. be not true do by these presents Covenant and grant joyntly and severally for themselvs and every of them and for their and every of their Executors and Administrators to and with the said A. B. and C. D. and either of them their and either of their Executors and Administrators that they the said E. F. and T. P. or some of them shall and will at all times hereafter discharge acquit and save harmelesse the said A. B. and C. D. and either of them their and either of their Clerk or Clerks and the Heires Executors and Administrators of them and every of them for and concerning all all manner of actions suits complaints losses vexations and troubles whatsoever which shall at any time hereafter be commenced attempted brought or prosecuted against them or any of them by the said P. R. the Executor his Executors or Administrators or by any other person or persons touching or concerning the said returne or by reason or occasion thereof And shall and will from time to time beare and pay to to them the said Sir A. B. and C. D. all such sum and summes of money damages costs and expences as against them or either of them or against their or either of their Executors or Administrators shall be adjudged decreed or ordered or which they or any of them shall from time to time by reason or occasion aforesaid be put unto or shall necessarily lay out or be enforced to pay by reason of any such action suit complaint molestation vexation or trouble And for the true performance of all and singular which said premisses the said E. F. and T. P. doe by these presents binde themselves joyntly and severally and their and either of their Heires Executors and Administrators to the said Sir A. B. and C. D. in the summe of 300 l. of good c. to be paid to them or either of them their or either of their Executors or Administrators if default or breach of the Covenant aforesaid shall be made In witnesse c. A discharge to the Sheriffe for a Prisoner from him to whom the prisoner is indebted KNow all men by these presents that I A. B. of C. in the County of York have remised released acquitted and discharged and by these presents doe for mee my Heires Executors Administrators and Assignes remise release and fully and absolutely acquit and discharge E. F. high Sheriffe of the said County of Y. and G. H. his Under-sheriff their Heirs Executors and Administrators of and from all and all manner of Escapes as well voluntary as negligent and of and from all actions cause and causes of actions for or concerning the enlarging or setting at liberty of the body of L. M. taken at my suite by vertue of a Capias ad satisfac to the said Sheriffe directed of ten pounds debt and fourty shillings costs of suit returnable in the Court of Common-Pleas in Easter Terme last past and I the said A. B. do hereby discharge the said Sheriffe from all actions reckonings duties and demands whatsoever concerning the executing of the said Capias ad satisfac In witness whereof c. Or Thus KNow all men by these presents that I A. B. of c. have remised released and quit claimed and by these presents do remise release and quit claim unto C. D. Esq now Sherif of the said County of Y. all and all manner of actions suits troubles and incumberances whatsoever which I might may or ought to have against him for or concerning the discharging or setting at liberty L. M. of N. in the said County Gent. being arrested and imprisoned upon a Capias ad satisfaciendum out of the Court of Common Pleas at Westminster for an hundred pounds debt and twenty shillings costs at my suit returnable from the day of Easter in one month last past In witnesse whereof I have hereunto set c. A Condition that the Sheriff executing a Writ may detaine out of the goods and lands extended so much mony c. THE CONDITION c. That whereas the within bound A. B.
to the said A. W. by which an action accrews to the said A. W. to have and require of the said I. S. the said 24 s. Neverthelesse the said I. S. though often required c. For not setting forth of Tythes R. H. Farmer of all and singular the tythes of hay growing within the Parish of F. in the County of Y. by vertue of a Writ of justicies by R. N. his Attorney complains of T. W. upon a Plea that he render to him 6l of c. which he oweth to him and unjustly detains For that whereas the said T. L. the day yeare c. at F. aforesaid in the County aforesaid c. was possessed and occupied of and in four acres of Medow in F. aforesaid and Parish aforesaid and being so possessed he the said T. W. did then and there cut down the grasse growing in and upon the said four acres of Meadow and two loads of hay there coming to the value of 40 s. then and there did take and carry away before he the said T. W. had set out and severed the tythes or tenth part thereof from nine parts of the same or agreed for the said tythes or tenth part thereof which the said R. did against the form of the Statute in the 5th yeare of E. 6. in such like case made and provided VVhereupon action doth acrew to the said R. H. to have and demand of the said T. VV. the said 6l that is to say the treble value of the said hay so carried away Yet notwithstanding the said T. VV. though often requested c. Vpon an Award R. H. by vertue c. by E. B. his Attorney doth complain of H. S. of a Plea that he render unto him 10 l. of c. which he oweth him and unjustly detaineth c. For that whereas the 25th day of A. in the yeare c. at the Castle c. it was concluded and agreed betwixt the said H. S. on the one party and the said R. F. on the other party that they and both of them should stand and abide the order doom and Judgement of I. D. and M. L. of all and every the suits troubles differences debts trespasse or whatsoever hath formerly been in any kinde of dealing betwixt them two from the beginning of the world to the day of the date of the said writing being the said 25. day of A. or else one or either party not standing thereto to forfeit to the other parties the sum of 10 l. of c. And for confirmation thereof they did both of them set to their hands and seales the day and yeare first above written at the Castle aforesaid c. as by the writing thereof ready to be shown to this Court may appear And whereas afterward that is to say the day yeare c. at the Castle c. the said I. D. and M. L. taking upon them the charge of the premisses by their order in writing bearing date the same day and yeare last above mentioned and here in Court to be shown did arbitrate order and award that the said R. F. should deliver to the said H. S. one parcell of starch then into the hands of the said R. F. and the bag wherein the starch is put affirmed to be the goods of the said H. S. upon the sight of the said Order And further they did thereby order and award that the said H. F. should pay or cause to be paid to the said R. R. upon the sight of this order the sum of 50 s. of c. And that all those suits debts trespasses or debates whatsoever from the beginning of the world until the said 25. day of April the yeare c. should utterly cease and have an end or else the party not standing to the same to forfeit as in the said Order is expressed the sum of 10 l. as by the said award sealed the said day year c. by the said Arbitrators and here in Court ready to be shown may appear And the said R. F. in fact saith that though he hath performed all things in the said award on his part to be performed Yet the said H. S. hath not performed any thing in the said award on his part to be performed And namely for that the said H. S. hath not paid to the said R. F. upon the sight of the said Order being the day yeare c. at the Castle c. the sum of 50 s. of c. whereby action doth accrew to the said R. F. to have and demand of the said H. S. the said 10 l. The said H. S. notwithstanding though often thereunto requested the said 50 s. to the said R. F. hath not yet paid but the same to pay c. For Attorneys Fees R. A. Gentleman c. by T. S. his Attorney doth complain of W. P. of a Plea that he do render unto him 1 l. 17 s. 2 d. of c. which he doth owe unto him and unjustly detains from him For that whereas the said W. P. the day yeare c. at the Castle of Y. did retaine him the said R. A to be the Attorney of him the said W. P. in the County Court holden at the Castle of Y. in the County of Y. before the suitors of the same Court to prosecute as the Attorny of him the said W. P. for him the said W. P. in a certain Action in the name of him the said W. P. against one T. C. of a Plea of Debt from the said day and yeare c. so long as should please both parties taking for his fees and paines in that behalfe sustained every Court day in which he the said R A. should be the Attorney of him the said W P. in the said cause 2 s. of lawfull c. besides his other reasonable charges and expences by him the said R A. in and about the prosecution of the said action to be laid out By vertue of which said retainer the said R A. was the Attorney of him the said W. P. for eight Court dayes then next following and that he did lay out to the Clark and other Offices of the said Court in and about the prosecution of the said suit 1 l. 1 s. 2 d. of c. which together with the 16 s for his fees for the said Court dayes doth in all amount to 1 l. 17 s. 2 d. of c. By reason whereof an action doth accrue to the said R A. to have and recover of him the said W P. the said 1 l. 17 s. 2 d. yet the said W P. although often requested the said c. to the said R A. he hath not rendred but to render the same to him he hath altogether hitherto refused and doth yet refuse to the great damage of him the said R A. Whereupon he saith that he is damnified and hath damage to the value of 35 s. And thereupon he brings this suit c. Vpon a Lease for Tythes W.
the day of the date hereof hath delivered to the hands of the within named C. D. and E. F. the Writ of execution for levying and extending the goods chattels and moyety of the lands tenements and hereditaments of one G. H. of c. to and for the use of the said A. B. whereby the same A. B. may be satisfied of the summe of two hundred pounds mentioned in the said Writ if in case the said C. D. and E. F. or either of them do lawfully execute or cause to be lawfully executed the said Writ according to the nature meaning and purport thereof by the impannelling of twelve lawfull and indifferent men to be sworn of the contents of the said Writ if then the said A. B. his Executors and Administrators do quietly permit and suffer the said Sheriffe or under Sheriffe to have take receive and detaine to his and their owne proper use and behoofe out of such moneys goods or chattels as shall be had levyed or received by vertue of the said Writ or the execution thereof so much in lawfull money of England or other benefit as they or the said Sheriffe or under Sheriffe or one of them shall think reasonable or sufficient for their satisfaction of and for such travel paines or charges as they shall be at in and about the execution of the said Writ and extent thereupon to be had or made otherwise within c. next after the said writ shall be executed and return made thereof accordingly do pay or cause to be paid unto the said Sheriffe or under Sheriffe or their Deputy or Deputies so much lawfull money of England as they shall for the causes aforesaid reasonably demand That then c. A Bargaine and sale of Goods made by the Sheriffe by vertue of his office TO all faithfull people to whom this present writing shall come Sir H. B. Knight Sheriffe of the County of Y. greeting Whereas by vertue of his Highnesses Writ of Fieri facias to me directed out of his Highnesses Court of Common Pleas at Westminster for the levying of an hundred pounds debt and forty shillings damages which Sir H. H. Knight Lord Chiefe Justice of the said Court of Common Pleas hath recovered in the said Court against E. F Administrator of the Goods and Chattels which late were of I. R. late of R. in the said County Gent. deceased at the time of his death to be levyed upon the Goods and Chattels which late were the said I. R.'s at the time of his death in the hands of the said E. F. to be administred if so much of them do remaine in the hands of the said E. F. to be administred And if not then the damages to be levyed of the proper goods of the said E. F. as by the said Writ returnable from the day of the holy Trinity in three weekes more at large appeareth I have taken into my hands all and singular the goods and chattels mentioned in an Inventory hereunto annexed be the goods and chattels which late were the said I. R's at the time of his death and found in the hands of the said E. F. unadministred Now know yee that I the said High Sherif by vertue of the said Writ and of my Office and for and in consideration of the sum of two hundred pounds of good c. to me the said High Sherif in hand payd do hereby as much as in me lyeth by vertue of my said Office fully and absolutely bargain sell and deliver to the said E. F. his Executors Administrators and Assignes all and singular the said Goods and Chattels TO HAVE AND TO HOLD and enjoy the same unto the said E. F. his Executors and Administrators for ever In witnesse whereof I have hereunto set my seale of Office the tenth day of May in the yeare of our LORD 1658. THE JUDICIAL AND MINISTERIAL OFFICE OF CORONERS THIS Office of Coroner hath its Etymologie or Derivation a Corona being an Offficer of the CROWN from antiquity and hath principall cognisance of some PLEAS called Placita Coronae He was established by pristine Kings ELFRED c. to be Principalis conservator pacis according to the Mirrour of Iustice which saith Auxi ordains fuer Coronours in Chescun County et Viscounts a garder le peace quant les Countees soy demisterent del gard et Bayliffes in lieu de centeners that is Coroners in every County and Sheriss were ordained and constituted to be Conservators of the Peace when the Earles dismist themselves of the custody of the Counties and in place of Hundredors but of his antiquity and jurisdiction Vide 2d Instit Magna Charta Cap. 17. Merton Cap. 3. Reddisseisin and Westminster 1. Cap. 10. and 26. and Articl super Chart. Cap. 3. This office of Coroner is duplicate General Special 1. Generall TO the office of generall Coroners appertaines the receiving of the Appeales of the whole County of Fellonies committed within the yeare to award the Exigents of contempts and to pronounce the Judgements of Out-lawries upon County dayes of which see more in the County Court and likewise in what pledge or Decenary they were or of whom mainprised and in whose ward 2. Speciall SPeciall Coroners are Coroners of Liberties and of priviledged places as Coroner of the Verge viz. Coroner of the Protectors Houshold c. to demonstrate the distinction of the Authority and Jurisdiction of generall and speciall Coroners by Wrote and Wiggs Case in the fourth Reports fol. 45. and 46. Where it was resolved That at Common Law the Coroner of the KINGS House had an exempt jurisdiction within the Verge and the Coroner of the County cannot intermeddle therein as appeares by the preamble of the Statute of Articuli super Chartas Because that before this time many Felonies done within the Verge have beene unpunished and the reason and cause thereof was because the Coroners of the County are not suffered to interpose to enquire of Felonies within the Verge but the Coroner of the KINGS hostel which is passant By which it appears that the Coroner of the County could not intermeddle with the death of a man within the Verge but the Coroner of the Hostell onely And so was it adjudged Pasch 24 Eliz. in the Kings Bench where Swift was indicted before the Coroner of the County of Middlesex of a Murther done at Tuthil in the said County of Middlesex which Indictment was removed into the Kings Bench and there Swift pleaded that Tuthil was at the time of the murther and yet is within the verge c. upon which the Attorney did demur in Law and it depended in advisement three Terms and at length the plea was adjudged good and thereupon he was discharged of the Indictment for as the Coroner of the houshold cannot intermeddle within the County out of the verge because his Office extendeth not to it so the Coroner of the County cannot intermeddle within the verge and it shall be contrary