Pear Trees of the price of every of them xii d. to the disheriting of the aforesaid C.D. and against the form of the proviso aforesaid Therefore the Sheriffe is commanded that in his proper person he go to the Tenements aforesaid wasted and there before him cause to come twelve c. by whom c. and who to the aforesaid C. and A. shall not be a Kinne c. to recognise upon their Oath what waste what sale and destruction the aforesaid A.B. hath made in the Tenements aforesaid and the inquisition which c. he certifie here in the morrow of All Souls under his seal c. and the Seal of c. A Writ of Petite Cape which is brought after appearance ss Oliver c. Greeting take into our hand 4 messuages with the appurtenances in T. which C.D. in our Court before our Justices at Westminster claimeth as his right against A. B. by our Writ of Formedon in descender for default of the said A. B. and Summon by good Summoners the aforesaid A. B. that he be before our Justices at Westminster in 8. dayes of St. Hillary to hear thereupon his Judgement and have you there the Summoners and this Writ witnesse c. The Entry thereof ss C.D. By R. B. his Attorney offered himself the 4th day against A. B. in a Plea of 4. messuages with the appurtenances in T. which the same C. D. in the Court of the Protector here claimeth as his right against the aforesaid A. B. by the Writ of the Lord Protector of Formedon in descender c. and he came not and he had thence day here even to this day to wit in eight dayes of St. Michael after he before had appeared here in Court therefore let the messuages aforesaid with the appurtenances be taken into the hand of the Lord Protector and the aforesaid A. B. Summoned that he be here in eight dayes of St. Hillary to hear his Judgement thereupon A Writ of Seisin upon a Petite Cape ss Oliver c. Greeting know you that C. D. in our Court before our Justices at Westminster hath recovered his Seisin against A. B. by default of the said A. B. of four messuages with the appurtenances in T. by our Writ of Formedon in descender And therefore we command you that to the same C.D. full Seisin of the Tenements aforesaid with the appurtenances without delay you cause to have and how this our Command shall be executed you make appear to our Justices at Westminster in eight dayes of St. Hillary and have you there this Writ witnesse c. The Entry thereof ss C.D. By R. N. his Attorney offered himself the 4th day against A. B. in a Plea of 4. messuages with the appurtenances in T. which the same C. in the Court of the Protector here claimeth as his right against the aforesaid A. by the Writ of the Lord Protector of Formedon in descender and he came not and he had thence day hereunto in 8. dayes of St. Michael in the year of the Lord 1654. after he before had appeared here in Court at which day the aforesaid A.B. made default so that then the Sheriff was commanded that he should take the Tenements aforesaid with the appurtenances into the hand of the Lord Protector c. and that he should Summon by good Summoners the aforesaid A.B. that he might be here at this day to wit in 8. dayes of St. Hillary to hear thereupon his Judgement c. and the Sheriffe returned that he took c. and that he Summoned c. Therefore it is ordered that the aforesaid C. recover his Seisin against the aforesaid A.B. of the Tenements aforesaid with the appurtenances by default c. and the aforesaid A. be in mercy c. A Writ of Withernam upon a Plur. Repleg ss Oliver c. Greeting whereas lately as oftentimes we have commanded you that justly and without delay you should cause to be replevied to T. D. his Cattle which R.M. took and unjustly detaineth as it is said according to the Tenor of our commands before thereupon to you directed or you your self should be before our Justices at Westminster in eight dayes of St. Hillary last past to shew wherefore our commands aforesaid so often thereof to you directed you contemned to execute yet you to our said Justices at Westminster at the aforesaid Term returned that long before the coming of our Writ aforesaid to you thence directed the aforesaid R. esloined the Cattle aforesaid to places to you unknown out of your Baily-wick so that the same cattle to the aforesaid T. D. you could not replevy according to the Tenor of our Writs aforesaid and for that we will to withstand so great an injury if it shall be committed and that which is just to be done to the aforesaid T. D. Therefore we command you that if the aforesaid T. D. shall secure you for prosecuting his Plaint and also for returning his Cattle aforesaid if return thereof shall be adjudged then put under security and safe pledges the aforesaid R.M. that he be before our Justices at Westm from the day of Easter in 15. dayes to answer to the aforesaid T. D. of the taking and unjustly detaining of the Cattle aforesaid and as well us of the contempt to us as to the aforesaid T.D. of the damages and injuries to him in his behalf done and in the mean time to the same T. D. his Cattle aforesaid without delay you cause to be replevied if you can And if you cannot then of the Cattle of the aforesaid R. M. you take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the same T. D. without delay you deliver to be by him detained untill to him his Cattle aforesaid you can replieve and have you there the names of the pledges and this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded whereas lately as oftentimes the Protector had commanded the same Sheriffe that justly and without delay he should cause to be replevied to T. D. his Cattle which R.M. took and unjustly detaineth c. or to the Lord Protector the cause should signifie wherefore his command to the same Sheriffe directed he would not execute or could not and he having despised the Commands of the said Lord Protector to the aforesaid T. his Cattle hath not hitherto replevied or at least signified to the Lord Protector the cause wherefore he would not or could not do it to the manifest contempt of the said Lord Protector his commands and to the great damage and trouble of the said T. D. whereby the Lord Protector was injured very much and moved firmly injoyning the aforesaid Sheriffe that to the aforesaid T.D. his Cattle aforesaid he should cause to be replevied according to the Tenor of the commands of the Lord Protector before to him thereof directed or the same Sheriffe should be here at this day to wit from the day of
not and John Fortescue Knight Chancellour of the County Palatine aforesaid now returneth that he by virtue of the Writ aforesaid to him directed by another Writ of the said Lord Protector under the Seal c. he caused the Sheriff of the Countie aforesaid to be commanded as c. which said Sheriffe to wit Edmund Trafford Esq thus answereth that the aforesaid Edward Halsall Knight late Sheriffe is distrained by Cattle to the value of 3 s 4.d and is mainprised by John Doo and Rich. Roo therefore they are in mercie c. and it is commanded to the Chancellour of the County aforesaid that by the Writ of the said Lord Protector under the Seal c. he cause to be commanded to the Sheriffe of the County aforesaid that he distrain the aforesaid Edward Halsall Knight late Sheriffe by all his Lands c. and that of the profits c. so that he have here in the morrow of All Souls the bodie of the aforesaid O. W. whom c. to answer the aforesaid John in the Plea aforesaid c. The form that was used in a Test to the Chancellour of the Court of Lancaster To the Chancellour of our County Palatine of Lancaster or to him that holdeth his place there Greeting we command you that by our Writ under the Seal of the County Palatine aforesaid duly to be made you cause the Sheriffe of the same County to be commanded that he take A. B. c. An Alias Summons in a Quare impedit where the Sheriffe hath returned that the Original Writ was delivered to him too late Oliver To the Sheriffe of Middlesex Greeting we command you that you Summon by good Summoners Richard Bishop of L. David English Clark that they be here before our Justices at Winton in eight dayes of S. Hillary to answer William Freeman in a Plea that they permit the said William to present a fit person to the Vicaridge of the Church of Stebon heath alias Stepney which is void and to his Donation belongeth as he sayeth and whereupon your self hath certified to our Justices at Winton in the morrow of St. Martine last past that our Writ to you formerly thereof directed so late to you was delivered that by reason of the brevity of the time you could not execute it and have you there the names of the Summoners and this Writ T. c. The Entry thereof ss The Sheriff was commanded that he should Summon by good Summoners Rich. Bishop of L. David English Clark that they might be here before the Lord Protector at Westminster in 8. dayes of St. Michael last past to answer William Freeman in a Plea that they permit the said William to present a fit person to the vicarage of the Church of Steban-heath otherwise Stebun-heath otherwise Stepney which is void and to his Donation belongeth c. at which day the Plaint aforesaid was adjourned by the Writ of the said Lord Protector of common adjournement at Westminster aforesaid untill from the day of St. Michael in one moneth then next following at which day the Plaint aforesaid was further adjourned by another Writ of the said Lord Protector of common adjournment from Westminster aforesaid unto the Citie of Winton in the County of Southampton in the morrow of St. Martine then next following and now here to wit at the aforesaid Citie of Winton at the same morrow of St. Martin came the aforesaid William by his Attorney and offered himself the fourth day against the aforesaid Richard and David of the aforesaid Plea and they came not and the Sheriffe now returneth that that Writ was delivered to him so late that by reason of the brevity of the time he could not execute it therefore as heretofore let them be summoned that they may be here in 8. dayes of St. Hillary to answer the aforesaid William in the aforesaid Plea c. The Entry of a Summons in Severance ss E. R. and J. W. Executors of the Testament of VV.M. by their Attorney offered themselves the 4th day against B.N. late of c. in a Plea that he render to them C. s. which from them he unjustly detaineth c. and he came not and the Sheriffe was commanded that he should Summon him c. and the Sheriffe now returneth that he hath nothing c. therefore let him be taken that he may be here in the morrow of All Souls c. and now here at this day came the aforesaid J. VV. by Thomas Bullock his Attorney and offered himself the fourth day against the aforesaid B.N. in the Plea aforesaid the aforesaid E.R. the fourth day of the Plea being solemnely called came not and the Sheriffe was commanded that he should Summon the aforesaid E. R. that he might be here at the aforesaid Term to prosecute against the aforesaid B. N. together with the aforesaid J.W. his Plea aforesaid if c. and hereupon it is ordered in the Court of the Protector here that the aforesaid J.VV. may prosecute alone against the aforesaid B. N. his Plea aforesaid and he came not the Sheriffe was commanded that he should take him if c. and the Sheriffe now returneth that he is not found c. therefore as heretofore let him be taken that he may be here from the day of St. Martin in 15. dayes c. The Entry of a Resort ss Enter your Testatum first then follow at which day here came the aforesaid C.D. by his Attorney and offered himself the fourth day against the aforesaid A.B. in the plea aforesaid and he came not and the Sheriffe now returneth that he is not found c. and hereupon the aforesaid C.D. by his Attorney aforesaid prayeth the Writ of the Lord Protector of taking the aforesaid A. B. to the Sheriffs of London to be directed where his Original Writ first issued out and it is granted to him c. therefore the Sheriffs of London are commanded that they take the aforesaid A. B. if c. and safely c. so that they may have his bodie here from the day of Easter in 15. dayes c. The Entry of a common Appearance L. ss The Sheriffs of the said Citie were commanded that they should take T.S. if c. and him safely keep c. so that they might have his bodie before the Justices of the Common-Bench at VVestminster tali die to answer J. G. in a plea of debt c. and the aforesaid T. by VV. S. his Attorney prayed that his appearance might be recorded by the Court and it is Recorded The Entry of a special Bail L. ss The Sheriffs were commanded that they should have here at this day to wit from the day of St. Martin in 15. dayes the body of a A.E. late of M. in c. whom of late c. to answer unto B. D. in a plea c. now here at this day came as well the said B. as the said A. in his proper person and
in eight dayes of St. Michaell c. at which day here came the aforesaid Nich. and Alice by their Attorney aforesaid and the Sheriffe hath not Executed the Writ therefore as heretofore let the Tenements aforesaid with the appurtenances be taken into the hand of the Lord Protector c. And the aforesaid I. K. as heretofore be summoned that he be here in the morrow of All-Souls c. A Pone after an Essoin in Dower Oliver c. Greeting put under security and safe pledges C. D. that he be here c. as he saith and to shew wherefore he kept not the day to him given by his Essoin in our Court before our Justices at Westminster in eight dayes of the holy Trinity last past after he was summoned and have you there the names of them by whose view c. as before The Entry thereof ss In the Entry of the Writ aforesaid let it be made as before untill as before to Wit and he came not and he had thence day by his Essoin here unto this day to wit in eight dayes of the holy Trinity after he was summoned c. therefore let the tenements aforesaid with the appurtenances be taken into the hand of the Lord Protector c. And the aforesaid I. K. be summoned that he be here in eight dayes of St. Michaell c. A writ of view in Dower Oliver c. we command you that justly and without delay you cause C. D. to have view of one messuage with the appurtenances in T. whereof Q. who was the wife of F. G. in our Court before our Justices at Westminster claimeth the third part against him as her Dower by the endowment of the said F. G. heretofore her husband by our Writ of Dower whereof she hath nothing as she saieth and speak to 4. Knights of them that shal be present at that view that they be before our Justices at Westminster in eight dayes of St. Hillary to testifie that view and have you there the names of the 4 Knights and this Writ witness c. The Entry thereof ss Q. who was the wife of F. R. by N. M. her Attorney demandeth against C. D. the third part of one messuage with the Appurtenances in T. as her Dower by the endowment of the aforesaid F. heretofore her husband by a Writ of the Lord Protector of Dower whereof she hath nothing c. and the aforesaid C. D. by I. A. his Attorney came and demanded view of the messuage aforesaid with the appurtenances whereof c. let him have it c. day is given to the said parties here till in eight dayes of St. Hillary c. And in the mean time c. A Languidus upon a Capias ss The Sheriffe was commanded that he should take A. B. late of c. if c. And him safely c. so that he might have his body before our Justices here at this day to wit in eight dayes of St. Michaell to answer C. D. in a Plea that he render to him c. s. zz and now here at this day came the aforesaid C. D. by his Attorney c. as in other entryes unto and he came not and the Sheriffe returned that he took the body of the aforesaid A. B. which languished in prison and with so many and such infirmities in the same he is detained that without very great danger of death travaile or be carried he cannot when as it is witnessed in our Court here that the aforesaid A. B. is healthfull and sound and able to travaile therefore the Sheriffe is cōmanded that he have here from the day of St. Michaell in one moneth the body of the aforesaid A. B. to answer the aforesaid C. D. in the Plea aforesaid c. A habeas Corpus upon a Languidus ss Oliver c. We command you that you have before our Justices at Westminster from the day of St. Michaell in one moneth the body of A. B. late of T. c. whom by our precept you have taken and in your power detaineth who so languished in our prison of O. and with so many and such infirmities in the same grieved that without very great danger of death travaile or be carried he could not as your self returned to our Justices at Westminster in eight dayes of St. Michaell last past to answer C. D. in a Plea that he render to him c. s. zz And have you c. The Entry thereof ss The Sheriffe was commanded that he should have here at this day to wit from the day of St. Michaell in one moneth the body of A. B. late of c. whom by the precept of the Lord Protector he had taken and in his power did detain his body languishing in prison before the Justices here in eight dayes of St. Michaell last past he could not have insomuch that with so many and such infirmities in the same prison he was detained that without very great danger of death travaile or be carried he could not as the same Sheriffe at that day there returned to answer C. D. in a Plea that he render to him c. s. zz And now here at this day came the aforesaid C. D. by I. N. his Attorney and offered himself the 4th day against the aforesaid A. B. in the Plea aforesaid and the Sheriffe returned that the aforesaid A. B. as yet languisheth in the prison aforesaid therefore the body of the said A. B. before the Justices here at this day he cannot have insomuch that with so many and such infirmities and greifs in the same prison he is troubled that he cannot travaile or be carried without very great danger of death when as it is witnessed in the Court of the Protector here as the Protector had received by the Testimony of a creditable person that the aforesaid A. B. is sound and healthfull and able to travaile therefore the Sheriffe is commanded that he or his under Sheriffe be here in eight dayes of St. Martine bringing thither with him the aforesaid A. B. whether he shall be healthfull or infirme to answer the aforesaid C. D. in the Plea aforesaid and this under the pain of twenty pounds c. A Duces tecum upon the Entry ss Oliver c. whereas we lately commanded you that you should have before our Justices at Westminster in eight dayes of St. Hillary last past the body of A.B. late of c. whom by our precept you took to answer C. D. in a Plea that he the said A.B. render to him 100 s.zz And although the aforesaid A. B. be sound healthfull and able to travaile as by the Testimonie of a creditable person we have received you notwithstanding permittum the said A. B. to wander at large in the same eight dayes of St. Hillary returned that the same A. B. did languish in our prison under your custody so that the body of the said A. B. thereat that day you could not have insomuch that he
Easter in 15. dayes to shew wherefore the aforesaid commands of the said Lord Protector so often to him thereof directed he contemned to execute now here at this day came the aforesaid T. D. by J. N. his Attorney and the Sheriff returned that long before the coming of the Writ aforesaid of the Lord Protector to him thereof directed the aforesaid R. M. esloined the Cattle aforesaid to places to him unknown out of his Bayly-week so that the same Cattle to the aforesaid T. D. he could not replevy according to the Tenor of the Writs aforesaid and for that the Lord Protector willeth to withstand so great an injury if it shall be committed and that which is just to be done to the aforesaid T. D. Therefore the Sheriffe is commanded that if the same T. D. shall secure the said Sheriffe for prosecuting his Plaint also for returning the Cattle aforesaid if return thereof shall be adjudged that then he put under security and safe pledges the aforesaid R. M. that he be here in 8. dayes of the holy Trinity to answer the aforesaid T. D. of the damages and wrongs to him in this behalf done in the mean time to the same T. his Cattle aforesaid without delay he cause to be replevied if he can and if he cannot then of the Cattle of the aforesaid R. M. he take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the aforesaid T. without delay he deliver by him to be detained untill to him his Cattle aforesaid he can replevy c. A Writ of Adjournement made by the Filicer Oliver c. Greeting we command you that all and every our Writs Bills and precepts to you delivered or to be delivered before our Justices at Westminster in three weeks of St. Michael in the moneth of St. Michael and the morrow of all Souls next to come or in the mean time from the aforesaid three weeks unto any day returnable in your custody you retain and them have before our Justices at Westminster in the morrow of St. Martin next to come together with the Executions of the same and this Writ that our said Justices for the prosecution of the parties then may cause to be done that which of right and according to the Law and Custom of our Common-wealth of England ought to be done and in your next County thenceforth to be holden you cause publickly to be proclaimed that the parties in the same Writs Bills and Precepts their dayes before our said Justices in the aforesaid morrow of St. Martin observe witnesse c. The return of the Writ By virtue of this Writ to me directed all the Writs Bills and Precepts whereof within mention is made in my custody I have retained them I have before the Justices within written in the morrow of St. Martin within specified together with the Executions of the same and also at my County holden at G. in my County the day and year within written which said County was my next County after the within written tenth day of October I caused to be proclaimed that the parties in the Writs Bills and Precepts within specified their dayes before the Justices within written in the aforesaid morrow of St. Martin they observe as within â—o me is commanded C.D. Knight Sheriffe The Entry of a Non Process in a Writ of second deliverance ss The Sheriffe was commanded that if T. H. would secure him for prosecuting his Plaint and also for the returning of the Cattle which to C. T. in the Court of the Lord Protector here were adjudged by default of the said T. H. or for the price of the same if return thereof should be adjudged then to the same T. his Cattle aforesaid without delay he should cause to be delivered and should put under security and safe pledges the aforesaid C. T. that he might be here at this day to wit in 8. dayes of St. Hillary to answer the aforesaid T. H. of the taking of the Cattle aforesaid And now here at this day came the aforesaid C. T. by W.O. his Attorney and offered himself the 4th day against the aforesaid T. H. in the Plea aforesaid and he being solemnely exacted came not and was Plaintiffe and the Sheriff returned that the same C. T. found to the same Sheriffe pledges of prosecuting of haveing return to wit I. K. and K. O. and that the aforesaid C. T. is attached by pledges J.O. and A.B. Therefore it is ordered that the aforesaid T.H. and his pledges of prosecuting be in mercy c. and that the aforesaid C. T. go thence without day c. and that he have return of the Cattle aforesaid to be detained by him irrepledgeable for ever enquire the names of the pledges c. and how c. the Sheriffe make appear here in 8. dayes of the Purification of the blessed Virgin Mary c. A Writ of Distr against one and a Distr after Esloin against another in a Quare impedit ss Oliver c. Greeting we command you that you distrain Philip Champernon Esq Sheriff of the County aforesaid by all his Lands c. to answer William Kirkham Esq in a Plea that he together with Peter Maynwaren Clark permit the said William to present a fit person unto the Parish Church of the blessed Marie of Upton Pyne which is void and belongeth to his Donation as he saith and to hear his judgement for many defaults we also command you that you distrain the aforesaid Peter M. by all his Lands c. as above so that you have his body before our said Justices at Westminster at the aforesaid Term to answer the aforesaid W. together with the aforesaid Philip in the Plea aforesaid to shew wherefore he kept not the day to him given by his Esloin in our Court before our Justices at Westwinster in 8. dayes of St. Martine after he was attached and to hear his Judgement for many defaults and have you there c. T. c. The Entry thereof ss William Kirkham Esq by his Attorney offered himself the fourth day against P. C. Esq Sheriff of the County aforesaid and P.M. Clark in a Plea that they permit the said William to present a fit person to the Church of St. Marie of R. Upton Pyne which is void and belongeth to his Donation c. and they came not and the Coronor was commanded that he should attach the aforesaid Philip and the Cororonor returned that he is attached by Pledges R. O. and C. D. therefore they are in mercy c. and the aforesaid Peter had thence day given him by his Esloin here even to this day to wit in eight dayes of St. Martine after he was attached c. therefore let the same Philip and P. be distrained that they be here in eight dayes of St. Hillary c. A Pone after an Esloin and a Distr in one Writ in a quare impedit ss Oliver c.
coming of the aforesaid Writ the Cattle aforesaid were esloigned to places to him unknown by the aforesaid H. so that them to the aforesaid R. he could not return as by that Writ it was commanded whereupon the said Sheriff of Devon we commanded that of the Cattle of the aforesaid H. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid R. he should deliver to be detained untill the aforesaid Cattle first taken to the said R. he could return and that he should put under security and safe pledges the aforesaid H. that he should be before our said Justices at Westminster from the day of St. Michael in 15. dayes then next following to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done the same Sheriffe of Devon to our Justices at Westminster at that day returned that the aforesaid H. had no Cattle in his Bayly-wick which in VVithernam he could take that them to the aforesaid R. he might return as by that Writ he was commanded and that the aforesaid H. had nothing in his Bayly-wick whereby he might be attached whereupon by our Writ the said Sheriffe of Devon we commanded that he should take the aforesaid H. if he might be found in his Bayly-week and him safely should keep so that he might have his body before our Justices at VVestminster in 8. dayes of St. Martin last past to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done at which day the said Sheriffe of Devon to our Justices at Westminster returned that the aforesaid H. was not found in his Bayly-wick whereas it is witnessed in our said Court that the said H. doth lurk wander and lye hid in your County and therefore we command you that you take the aforesaid H. if he shall be found in your Bayly-wick and him safely keep so that you have his body before our Justices at Westminster in 8. dayes of St. Hillary to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done and have you there this Writ c. The Entry of the Capias in Withernam where the Sheriffe returns a Rescue upon the same Writ It was commanded to the Sheriffe whereas L. S. was Summoned to be in the Court of the Lord Protector here to answer W.W. in a Plea wherefore he took the Cattle of the said W. them unjustly detained against security and pledges c. the said W. afterward in our said Court made default for which it was ordered there that he and his pledges of prosecuting should be in mercy and that the aforesaid L. should go thence without day and that he should have return of the Cattle aforesaid whereupon the Lord Protector by his Writ the said Sheriffe commanded that those Cattle to the aforesaid L. he should cause to be returned and them at the Plaint of the aforesaid W. he should not deliver without the VVrit of the said Lord Protector which of the aforesaid judgement expresse mention should make and how c. the Sheriffe should make appear here in eight dayes of St. Hillary last past and the same Sheriffe to the Justices here at that day returned that before the coming of the Writ aforesaid the Cattle aforesaid were esloigned unto places to him unknown by the aforesaid W. so that them to the aforesaid L. he could not return as by that Writ it was commanded whereupon the said Lord Protector to the Sheriffe of the said County commanded that of the Cattle of the aforesaid W. to the value of the aforesaid Cattle first taken in Withernam he should take and them to the aforesaid L. he should deliver to be detained untill the aforesaid Cattle first taken he could return and that he should put under security and safe pledges the aforesaid W. that he might be here at this day to wit from the day of Easter in 15. dayes to answer as well the Lord Protector for the contempt to the same Lord Protector as the aforesaid L. for the damages and injuries to him in this behalf done c. and now here at this day came the aforesaid L. by R. P. his Attorney and the Sheriffe to wit J. F. Esq now returned that he by virtue of that Writ made his certain Warrant with his seal sealed to one J. H. that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid L. he should deliver to be detained untill the Cattle aforesaid first taken he might return according to the express command of the said Writ and by virtue of the Warrant aforesaid the said J. H. the Cattle of the aforesaid W. in Withernam did take and them to the aforesaid L. would have delivered but there came the aforesaid W. the 10. day of May last past with many other unknown persons arrayed in warlike manner and the aforesaid Cattle at Baunton in the County aforesaid from the custody of the aforesaid J. H. his Bayliffe took and lead away and upon the aforesaid Bayliffe of the said Sheriffe then and there made an assault and him would have killed except he had suffered his said Cattle to escape and so for fear of his death he suffered them to escape to the aforesaid W. and those Cattle for the cause aforesaid he could not deliver as by the Writ aforesaid to him it was commanded and further the said Sheriffe to our Justices here certified that after the aforesaid tenth day of May the said VV. had no Cattle within his Bayly-wick which any wise in VVithernam he could take according to the form of the aforesaid Writ and that the said VV. had nothing in the Bayly-wick of the said Sheriff whereby he might be attached c. therefore to the Sheriffe is commanded that he do take the aforesaid VV. if c. and safely c. so that he may have his body here from the day of St. Michael in xv dayes to answer as well the Lord Protector for the contempt to the said Lord Protector as the aforesaid L. for the damages and injuries to him in this behalf done c. A Distr and a Duces Tecum in one Writ Oliver c. To the Sheriffe Greeting we command you that you distrain J.H. late of c. as in another Distr to answer R. B. in a Plea that he render to him one hundred shillings which to him he oweth and unjustly detaineth as he saith and to hear his judgement for many defaults we command you also that you have before our Justices at Westminster at the aforesaid Term the body of W. D. late of T. c. whom by our command you have taken and in your custody you detain being sick in prison as
in our Court before our Justices at VVestminster tali die last past as day to him there was prefixed and have you there the names of the Pledges and this Writ witnesse c. The Entry thereof A.B. By his Attorney offered himself the fourth day against C. D. in a Plea wherefore he took the Cattle of the said A. and them unjustly detained against security and pledges c. and he came not and he had day here unto this day to wit in eight dayes of St. Martin by prefixion c. therefore let him be attached that he be here in eight dayes of St. Hillary c. A distr after Esloine Oliver c. As in other distr till you come to as it is said then and to shew wherefore he kept not the day to him given by his Essoine before our Justices at Westminster in eight dayes of St. Martine after he was summoned and to hear his judgement for many defaults and have you there this Writ c. The Entry thereof C. D. By his Attorny offered himself the fourth day against A. B. late of c. in a Plea that he render to him 100 s which to him he oweth and unjustly detaineth c. and he came not he had day by his Essoigne unto this day to wit in eight dayes of St. Martine after he was summoned and if it be in trespasse then thus after he was attached therefore let him be distrained that he be herein eight dayes of St. Hillary c. Testatum Summons in Debt Oliver c. To the Sheriff of Hereford greeting we command you that you Summon by good Summoners A.B. of c. that he be before our Justices at Westminster tali die to answer C. D. in a Plea that he render to him 40. l. c. and for that our Sheriffs of London have certified to our Justices at Westminster tali die last past that the aforesaid A. B. hath nothing in their Bayly week whereby he may be summoned when as it is witnessed in our said Court that he hath sufficient in your Bayly week and have you there the Summoners and this Writ witnesse c. The Entry thereof F. The Sheriffs were commanded that they should Summon A. B. late of T. c. that he might be here at this day to wit in the morrow of St. Martine to answer C.D. in a Plea that he render to him per s. xx which to him he oweth and unjustly detaineth c. and now here at this day came the aforesaid C. D. in his proper person and offered himself the fourth day against the aforesaid A. B. in the Plea aforesaid and he came not and the Sheriffes returned that he hath nothing c. And hereupon it is witnessed in our Court here that the aforesaid A. B. hath sufficient in the County of Hereford where he may be summoned Therefore the Sheriffe of Hereford is commanded that he should summon him c. that he be here in the morrow of the Purification of the blessed Virgin Marie to answer the aforesaid C.D. in the Plea aforesaid c. A Summon in severance Oliver c. To the Sheriff of c. greeting we command you that you take A. B. late of T. c. if he shall be found in your Bayly week him safely keep so that c. To answer C. D. G.F. Executors of the Testament of G. H. of a Plea that he render to them c. s. zz Also we command you that you Summon by good Summoners the aforesaid G. that he be before our Justices at Westminster at the aforesaid Term to persecute against the aforesaid A. B. his Plea aforesaid together with the aforesaid C. if he will and have you there the Summons and this Writ c. The Entry thereof S. S. The Sheriff was commanded that he should Summon A. B. late of c. that he might be here at this day to wit tali die to answer C. D. and G. F. Executors of the Testament of G. H. in a Plea that he render to them Cs. zz And now here at this day came the aforesaid C. D. by T. A. his Attorney the aforesaid G.F. being also complainant c. the fourth day of the Plea being solemnly called came not hereupon the aforesaid C. D. offered himself the fourth day against the aforesaid A. B. of the Plea aforesaid and he came not and the Sheriffe returned that he hath nothing c. therefore let him be taken that he be here in the morrow of all Souls c. and the Sheriffe is commanded that he should Summon the aforesaid G.F. that he be here at the aforesaid Term to prosecute against the aforesaid A. B. his Plea aforesaid together with the aforesaid C.D. if c. A Pone upon a Recordare Oliver c Greeting put under security and safe pledges A. B. that he be before our Justices at Westminster tali die to answer C. D. in a Plea wherefore he took the Cattle of the said C. D. and them unjustly detained against security pledges as it is said and to shew wherefore he was not in our Court before our Justices at Westminster tali die last past as day to him there was prefixed and have you there the names of the pledges this Writ witnesse c. The Entry thereof Middl. ss A. B. by his Attorney offereth himself the fourth day against C.D. in a Plea wherefore he took the Cattle of the said A. and them unjustly detained against security and pledges c. And he came not and he had thence day here unto this day to wit in eight dayes of St. Martine by prefixion c. Therefore let him be attached that he be here in eight dayes of St. Hillary c. A Returno habendo Oliver c. Greeting whereas C. D. was summoned to be in our Court before our Justices at Westminster tali die to answer A. B. of a Plea wherefore he took the Cattle of the said A.B. and them unjustly detained against security and pledges as it is said the said A.B. afterward in our said Court made default whereby it was ordered in our said Court that the aforesaid A.B. should go thence without day and that the aforesaid C.D. his pledges of prosecuting should be in mercy and that he should have return of the aforesaid Cattle And therefore we command you that the aforesaid Cattle to the aforesaid C. D. without delay you cause to be returned and them at the plaint of the aforesaid A. B. you deliver not without our Writ which shall make express mention of the aforesaid judgment and how you shall execute this our Command you make appear to our Justices at Westminster in eight dayes of St. Hillary and have you c. The Entry thereof Mid. ss C. D. by his Attorney offered himself the 4th day against A. B. of a Plea wherefore he the said C. D. took the Cattle of the said A. and them
unjustly detained against security and pledges c. And he being sollemnly exacted came not and he was Plaintiffe c. therefore it is ordered that he and his pledges of prosecuting be in mercy c. And that the aforesaid A. B. go thence without day c. And that he have return of the cattle aforesaid c. Inquire the names of the pledges c. and in what manner c. the Sheriffe make appear here in eight dayes of St. Hillary c. A. Second deliverance Oliver c. greeting if A. B. shall secure you for prosecuteing his plaint and of returning his Cattle which to C. D. in our Court before our Justices at Westminster were adjudged for default of the said A. B. or for the price of them if return thereof shal be adjudged then to the same A. B. his Cattle aforesaid without delay you cause to be delivered and put under security and safe pledges the aforesaid C. D. that he be before our Justices at Westminster in eight dayes of the Purification of the blessed Virgine Mary to answer the aforesaid A. B. of the taking and unjustly detaining of the Cattle aforesaid and have you there the names of the pledges and this writ c. A Non omittas Oliver c. we command you that you omit not for any liberty of the liberty of the Town of that St. Edmunds but you take A. B. late of T. c. if he shall be found c. To answer C. D. of a Plea that he render to him c. s. zz And whereupon your self hath certified to our Justices at Westminster tale die last past that as to the taking the aforesaid A. B. you have commanded E. F. bayliffe of the aforesaid libertie who hath full return of all writs and the execution of them within that liberty to whom the execution of the Writ aforesaid did belong to be done F. insomuch that execution of the said Writ out of the same liberty by you could not be done which said bailiffe to you thereof hath given no answer and have you c. The Entry thereof C.D. by his Attorney offered himself the 4th day against A. B. late of c. of a Plea that he render to him c. s. zz And he came not and the Sheriffe was commanded that he should take him if c. And safely c. so that he might have his body here at this day to wit in eight dayes of St. Michael and the Sheriffe hath certified that he had Commanded E. F. bailiffe of the liberty of Bury of St. Edmonds who hath full return c. And to whom c. who gave him no answer c. therefore the Sheriffe is commanded that he omit not for the liberty aforesaid but he take the aforesaid A. B. if c. And safely c. So that he have his body here in the morrow of all Souls c. A. Distrin Balivum Oliver Lord Protector c. we command you that you distrain our bayliffe of Dour utchie of Lancaster in your County by all his lands c. as in others so that you may have tali die the body of A. B. late of T. in your County yeoman whom by our command lately he took as your self to our Justices at Westminster in the morrow of All-Souls last past hath certified to answer C. D. in a Plea that he render to him x. l. zz as he saith and to heare his judgment for many defaults and have you c. The Entry thereof The Sheriffe was commanded that he should take A. B. late of c. if c. and him safely c. so that he might have his body here at this day to wit in the morrow of All-Souls to answer C. D. in a Plea that he render to him Ten pounds which he oweth him and unjustly detaineth c. and now hereat this day came the aforesaid C. D. by A. B. his Attorney and offered himself the 4th against the aforesaid A. B. of the Plea aforesaid and he came not and the Sheriffe returned that he had commanded I. H. bailiffe of the liberty of our Dutchie of Lanchaster in the County aforesaid who hath return of all Writs and of the execution of them within the liberty aforesaid out of which liberty execution of that writ by him the said Sheriffe could not be done which said bailiffe to the same Sheriffe thus answered that he had taken the body of the aforesaid A. B. whose body here at this day he would have and because the aforesaid bailiffe the body of the aforesaid A. B. here at this day hath not therefore the same bailiffe is in mercy and is amearced by the Justices herein 40 s therefore the Sheriffe is commanded that he distrain the aforesaid bailiffe by all his lands c. and that of the proffits c. so that he have here from the day of St. Martine in 15. dayes the body of the aforesaid A. B. whom c. to answer the aforesaid C. D. of the Plea aforesaid c. misericordia xl.s. A. Grand Cape in Dower upon the Summons Oliver c. to the Sheriffe of Middlesex greeting take into our hand by the view of honest and lawfull men of your County the third part of two messuages two acres of land and Ten acres of meadow with the appurtenances in B. which Nicholas Penny and Alice his wife in our Court before our Justices at Westminster claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against I. K. by our Writ of Dower whereof she hath nothing by the default of the said I. And the day of the takeing you certifie to our Justices at Westminster by your letters sealed and Summon by good Summoners the aforesaid I. that he be before our Justices at Westminster in eight dayes of St. Michael to answer thereunto and to shew wherefore he was not before our Justices at Westminster in the morrow of the holy Trinity last past as he was Summoned and have you there the names of them by whose view you shall make this Summons and this Writ witnesse c. The Entry thereof ss Nicholas Penny and Alice his wife by I. G. their Attorney offered themselves the 4th against I. K. in a Plea of the third part of two messuages twenty acres of land and ten acres of meadow with the appurtenances in B. which the aforesaid Nicholas and Alice in our Court here claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against him by our Writ of Dower whereof she hath nothing c. and he came not and he was Summoned c. therefore let the third part aforesaid with the appurtenances be taken into our hand and a day c. And the aforesaid I. K. be summoned that he be here in eight dayes of St. Michaell c. The Entry of an Alias Grand Cape And the aforesaid I. K. was Summoned that he be here
the said C.D. by default of the said A. B. And therefore we command you that to the same C. and A. full seisin of the third part aforesaid with the appurtenances to be held by them in severalty by meets and bounds you cause to have and to be assigned and how you shall execute this our command you make appear to our Justices at Westminster from the day of the holy Trinity in 15. dayes and have you there this Writ witnesse c. The Entry of seisin in Dower upon a Grand-Cape by default of the Tennant ss C. D. and A. his wife who was the wife of R. B. by N. M. their Attorney offered themselves the 4. day against A. B. in a Plea of the third part of one message with the appurtenances in S. which the same C. and A. in the Court of the Protector here claim as the Dower of the said A. by a Writ of the Lord Protector of Dower whereof she hath nothing by the Default of the said A. B. c. and he came not and he heretofore made default here to wit in 8. dayes of St. Michael last past after he was Summoned c. so that then the Sheriffe was commanded that he should take the third part aforesaid with the appurtenances into the hand of the Lord Protector and day c. and that he should Summon by good Summoners the aforesaid A. B. that he should be here at this day to wit in the morrow of all Souls to answer the aforesaid C. D. and A. as well of the principal Plea as of the default aforesaid c. And the Sheriffe now doth testifie the day of the taking c. and that he Summoned c. Therefore it is ordered that the aforesaid C. and A. his wife recover their seisin of the third part aforesaid with the appurtenances against the aforesaid A.B. by default c. and the aforesaid A.B. be in mercy c. A return of a Grand-Cape ss By virtue of this Writ to me directed I have the 10. day of May in the year within written taken into the hand of the Lord Protector the third part of the Tenements within specified with the appurtenances by the view of J.T. R.H. lawfull men of my County as within to me is commanded Summoners of the within written A.B. Jo. Roo Rich. Roo Respons T.M. militis vic A Writ to enquire of Wast ss Oliver c. Greeting whereas lately we commanded you that you should distrain A.B. by all his Lands Cattles in your bayly-week so that neither he nor any for him should lay hands thereupon untill you should receive further command from us that of the profits thereof you should answer us so that you might have his body before our Justices at Westminster in eight dayes of St. Michael to answer C. D. in a Plea wherefore whereas by the Common Council of our Common-wealth of England it is provided that it shall not be lawful for any one to make wast sale or destruction of Lands Houses Woods or Gardens to him demised for Term of life or years the same A. B. of the Houses Woods and Gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste sale and destruction to the disheriting of the said C. and against the form of the aforesaid provisor the same A. in our said Court at that day made default so that by a Statute in this like case provided it was ordered in our said Court that in your proper person you should go unto the Tenements aforesaid wasted to wit unto one messuage and ten Acres of Wood with the appurtenances in T. and there you should enquire of the waste done in the same And therefore we command you that in your proper person you go to the Tenements aforesaid wasted before you there you cause to come twelv as well Knights as other free lawfull men of that vicinage by whom the truth of the matter may the better be known and who are not a Kinne to the aforesaid C. and A. and by the Oath of them you diligently enquire what wast what sale and destruction the aforesaid A. hath made in the Tenements aforesaid to wit by suffering in the message aforesaid one Hall of the price of a hundred shillings and one Barn of the price of 10. l. to stand and to be uncovered whereby the sound Timber of the same houses by the rainy tempests upon them falling become rotten and corrupt and the houses by reason of the corruption of that Timber are endangered with ruin by cutting down also burning in the wood there ten Oaks of the price of every of them xx d. and in the Garden there 40. Pear Trees of the price of every of them xii d. to the disheriting of the aforesaid C. D. and against the form of the provisoe aforesaid the inquisition which thereupon you shall make you certifie to our Justices at Westminster in the morrow of all Souls under your Seal and the Seals of them by whose Oath you shall make that inquisition and have you there the names of them by whose Oath you shall make the inquisition and this Writ witnesse c. The Entry of the Writ aforesaid ss C. D. By his Attorney offered himself the fourth day against A. B. in a Plea wherefore whereas by the Common Council of the Common-wealth of the Lord Protector of England it is provided that it may not be lawfull for any one to make waste sale or destruction of lands houses woods or gardens to him demised for term of life or years the same A. B. of the houses woods and gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste sale and destruction to the disheriting of the said C. D. and against the form of the proviso aforesaid and he came not and the Sheriffe was commanded that he should distrain him c. and the Sheriffe returned that he is distrained by Cattle to the value of ten shillings and is main-prised by S. and N. therefore they are in mercy c. and hereupon the said C. D. saith that he the first day of April in the year of our 1652. at T. demised to the aforesaid A. B. one messuage ten Acres of Wood and one Garden with the appurtenances in T. for term of his life the same A.B. made waste sale and destructiō in the messuage Wood and Garden aforesaid to wit by suffering in the messuage aforesaid one Hall of the price of 10. l. and one Barn of the price of 10. l. to stand and to be uncovered whereby the sound Timber of the same Houses by rainy Tempests upon them falling becometh rotten and corrupt and the Houses by reason of the corruption of that Timber are endangered with ruin by cutting down also and burning in the Wood aforesaid ten Oaks of the price of every of them xx d. and in the Garden aforesaid 40.
c. The Entry thereof ss A.H. Widow lately the wife of J. H. by J. B. her Attorney offered her self the fourth day against M. H. of the third part of two messuages with the appurtenances in K. into three parts divided which the said A. in the Court of the Protector here claimeth against him as her Dower by the endowment of the aforesaid J. H. heretofore her husband and he came not and he was Summoned c. Judgement that the third part aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid M. be Summoned that he may be here in 8. dayes of St. Michael c. at which day here came the aforesaid A. by her Attorney aforesaid the Sheriffe thereupon did nothing nor the Writ thereof returned Therefore as before let another Writ thereupon be made to him in form aforesaid returnable here in the morrow of all Souls c. A Writ of Magnum Cape and Non Omitt in a Precipe in Capite Oliver c. To the Sheriffe Greeting we command you that you omit not for any our Liberty of the Town of S. but take into our hand by the view c. as in another Writ for the default of the Defendant and whereupon your self before did return to our Justices at Westminster that you commanded A. B. and T.T. your Bayliffs of our Liberty of our Town of B. who have full return of all Writs Bills and Precepts and the Execution thereof within the Liberby aforesaid within which Liberty the Tenements aforesaid are which said Bayliffs no answer to you gave and the day of the taking you certifie to our Justices at Westminster by your letters sealed and Summon as in another Writ T. c. The Entry thereof ss The Sheriffe was commanded that he should not omit for the Liberty of the Protector of S. but Summon R. M. that he might be here at this day to wit from the day of the holy Trinity in 15. dayes to answer R. C. in a Plea of one messuage with the appurtenances in S. which the said R.C. claimeth as his right against him by the Writ of the Lord Protector of a Precipe in Capite and whereupon the aforesaid Sheriffe before here did return that he commanded A.B. and T. T. Bayliffs of the said Lord Protector of the Liberty of his Town of S. who have the full return c. and to whom c. and who to him no answer c. and now here at this day came the aforesaid R C. by J. O. his Attorney and offered himself the fourth day against the aforesaid R. M. in the Plea aforesaid and he came not and Summon c. Judgement that the aforesaid messuage with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid R. M. be Summoned that he be here in the morrow of St. Martine c. and that the Sheriffe omit not c. The Sheriffs return in a Mand. Balliv Libt I have commanded A. B. and C. D. Bayliffs of the Liberty of the Town of C. who have full return of all Writs and Mandates the Executions thereof within the Liberty aforesaid within which Liberty the Tenements in the VVrit contained are which said Bayliffs thus answer me as it appeareth in the pannell indented to this writ fixed A Writ of Seisin in Dower Oliver c. To the Sheriffe Greeting c. know you that A.H. c. in our Court before our Justices at Westminster hath recovered her seisin against M. H. of the third part of two parts of the Mannor of K. with the appurtenances in three parts divided as her Dower by the endowment of the aforesaid J. H. heretofore her husband for default of the said M. and therefore we command you that to the aforesaid A. plenary seisin of the third part aforesaid with the appurtenances to be held by her in severalty by Meets and Bounds without delay you cause to have and how this our VVrit shall be executed you make appear to our Justices at Westminster in eight dayes of St. Hillary and have you there this writ T. c. Seisin by default in a Writ of Dower upon which the Sheriffe returns that the husband died in Fee-Tail upon which is awarded a VVrit of inquiry of damages in one VVrit ss A.H. By her Attorney offered her self the fourth day against M. H. of a Plea of the third part of two parts of the Mannor of K. with the appurtenances in three parts divided as her Dower by the endowment of J. H. heretofore her husband against him and he came not heretofore he made default here to wit from the day of the holy Trinity in 15. dayes last past after he was Summoned c. so that then it was commanded to the Sheriffe that he should take the third part aforesaid with the appurtenances into the hand of the Lord Protector day c. and that he should Summon by good Summoners the aforesaid M. that he should be here at this day to wit from the day of S. Hillary in 15. days then next following to answer the aforesaid A. as well of the principal Plea as of the default aforesaid c. and the Sheriffe now restifieth the day of the Caption c. and that he Summoned c. Therefore it is ordered that the aforesaid A. should recover her seisin against the aforesaid M. of the third part aforesaid with the appurtenancies by default c. the said M. be in mercy c. hereupon the aforesaid A. prayeth the Writ of the Lord Protector of causing plenary seisin of the third part aforesaid with the appurtenances to have to her and it is granted her returnable here from the day of Easter in 15. dayes c. and also the aforesaid A. saith that the aforesaid J. H. heretofore her husband c. died seised of the Tenements aforesaid with the appurtenances whereof c. in his demeasne as of Fee-Tail and prayeth the Writ of the Lord Protector of inquiry of damages c. and it is granted her returnable here at the aforesaid Term c. A Writ of Habere Facias seisinam in Dower by default and of inquiry of the value of damages and of the seisin of the husband in one Writ Oliver c. To the Sheriffe Greeting know you that T. Rusmer and E. his wife which was the wife of William Mawsey in our Court before our Justices at VVestminster have recovered their seisin against Thomas Mawsey of the third part of one messuage one Garden and nine Acres of Land with the appurtenances in K. by our Writ of Dower whereof she hath nothing of the endowment of the aforesaid W. Mawsey heretofore her husband by the default of the said T. M. and therefore we command you that to the same Thomas Rusmer E. plenary seisin of the third part aforesaid with the appurtenances to be held by them in
his Bayly-week Therefore it is commanded to the Sheriffe that he omit not for any Liberty of his County aforesaid but he take the aforesaid T.W. if c. and safely c. so that he may have his body here in 8. dayes of St. Michael to answer the said Lord Protector of the rescues trespasses and contempts aforesaid c. The Entry of a Retorn Habend ss John Scot by his Attorney offered himself the 4th day against Thomas Smart in a Plea wherefore the same John took the Cattle of the said Thomas and them unjustly detained against security and pledges c. and he being solemnely exacted came not and was Plaintiffe c. Therefore it is ordered that the said Thomas and his pledges for prosecuting be in mercy c. that the aforesaid John go thence without day and that he have return of the Cattle aforesaid c. enquire the names of the pledges c. and how c. the Sheriffe make appear here in eight dayes of St. Michael c. Habere facias seisinand Oliver c. To the Sheriffe of Cambridge Greeting know you that Rich. Paterick and Dorothy his wife in our Court before our Justices at Westminster have recovered their seisin against John Street of the third part of one messuage with the appurtenances in O. as the Dower of the said Dorothy by the endowment of Henry Street heretofore her husband by our Writ of Dower whereof she hath nothing by the default of the said John and therefore we command you that â—o the same Richard and Dorothy plenary seisin of the third part aforesaid with the appurtenances without delay you cause to have to be held in severalty by Meets and Bounds we command you also that by the Oath of honest lawfull men of your County you diligently inquire whether the aforesaid Henry died seised of the Tenements aforesaid with the appurtenances in his demeasne as of Fee-simple or of Fee-tail if you shall finde it so then by their Oath you diligently enquire how much those Tenements are worth by the year in all profits besides Reprizes according to the true value of the same and how much time is elapsed from the time of the death of the said Henry and what damages the aforesaid Richard and Dorothy have sustained by occasion of the detention of the Dower aforesaid and how this our Writ you shall execute you make appear to our Justices at Westminster in 8. dayes of St. Michael under your Seal and the Seal of them by whose Oath that inquisition you shall make and have you there this Writ c. The Entry thereof ss Richard Paterick and Dorothy his wife by Matthew Wallingham their Attorney offered themselves the fourth day against John Strete in a Plea of the third part of one messuage with the appurtenances in O. which the same Richard and Dorothy in the Court of the Lord Protector now at the Town of A. in the County of Hertf. claim as the Dower of the said Dorothy by the endowment of Henry Strete heretofore her husband by the Writ of the Lord Protector of Dower whereof she hath nothing and he came not and hath made default here to wit from the day of Easter in 15. dayes last past after he was Summoned c. so that then the Sheriffe was commanded that he should take the third part aforesaid with the appurtenances into the hand of the Lord Protector and day c. that he should Summon by good Summoners the aforesaid John that he might be here at this day to wit from the day of the holy Trinity in three weeks then next following to answer the aforesaid Richard and Dorothy as well of the principal Plea as of the default aforesaid and the Sheriffe now doth testifie the day of the taking H. aforesaid c. and that he hath Summoned c. Therefore it is ordered that the aforesaid Richard and Dorothy recover against the aforesaid John their seisin of the third part aforesaid with the appurtenances by default c. and the said John be in mercie c. and hereupon the aforesaid Richard and Dorothy pray the Writ of the Lord Protector to the Sheriffe of the County aforesaid to be directed of causing plenary seisin to them to have of the third part aforesaid with the appurtenances to be held by them in severalty by meets and bounds and it is granted them returnable here in 8. dayes of St. Michael c. and also the said Richard Dorothy say that the aforesaid Henry died seized of the Tenements aforesaid with the appurtenances in his demeasne as of Fee and pray the Writ of the Lord Protector to enquire of damages c. and to them it is granted returnable here at the aforesaid Term c. The Entry of a Summons in severance upon an Alias Capias ss The Sheriffs were commanded as heretofore that they should take Robert Godfrey late of c. and William Cornwallis late of c. if c. and safely c. so that they might have their bodies here at this day to wit in the morrow of the holy Trinity to answer Francis Wyndam Michael Stanhope Edw. Cook and Miles Corbet Executors of the Testament of Roger Townsâ—end Knight lately called Rogeri Towns-hend de East Rainham in Com. predict Armig. in a Plea that the aforesaid Robert render to them three hundred pounds and in a Plea that the aforesaid William render to them two hundred Marks which from them they unjustly detain c. now here at this day came the aforesaid Michael Miles by Stephen Drewry their Attorney and the aforesaid Francis and Edward the fourth day of the Plea being solemnely called came not hereupon the aforesaid Michael and Miles offered themselves the fourth day against the aforesaid Robert William in the Plea aforesaid they came not and the Sheriffe now returneth that they are not found c. therefore as many times let them be taken that they be here from the day of the holy Trinity in three weeks c. and the Sheriffe is commanded that he Summon by good Summoners the aforesaid Francis and Edward that they be here at the aforesaid Term to prosecute against the aforesaid Robert and William together with the aforesaid Michael and Miles their Plea aforesaid if c. The Entry of a Summons in severance upon a Plur. Cap. It was commanded to the Sheriffe as many times that he should take Christopher Heydon late of c. Robert Jervis late of c. if c. and safely c. so that he might have their bodies here at this day to wit from the day of the holy Trinity in three weeks to answer Francis Wyndham Michael Stanhope Edward Cook and Miles Corbet Executors c. in a Plea that he render to them c. which from them they unjustly detain c. and now here at this day came as well the aforesaid Michael Stanhope and Miles Corbet by Stephen
severalty by Meets Bounds without delay you cause to have and furthermore by the Oath of honest and lawfull men in your County you dilligently enquire whether the aforesaid W. M. did die seized of the Tenements aforesaid with the appurtenances in his demeasne as of Fee-simple or Fee-tail and after that by that inquisition you shall so finde it then by their Oath you diligently inquire how much those Tenements with the appurtenances are worth by the year in all profits besides reprizes according to the true value of the same and how much time is elapsed from the time of the death of the aforesaid William and also what damages the aforesaid T.R. and E. have sustained as well by occasion of the detention of the Dower aforesaid as for the costs and charges by them about their suite in this behalf laid out and the inquisition which thereof you shall make under your seal and the seal of them by whose Oath you shall make that inquisition you certifie to our Justices at Westminster from the day of the holy Trinity in three weeks and have you there this Writ T. c. A Writ of Pone in Partition Oliver c. To the Sheriffe Greeting put under security safe pledges W. A. and J. his wife that they may be before our Justices at Westminster c. to answer T. W. and M. his wife in a Plea wherefore whereas T. and M. together undivided do hold one messuage one Garden c. with the appurtenances in Gistingham the same W. and J. partition thereof among them according to the form of the Statute in this case provided to be made do gain-say and it to be done do not permit unjustly and against the form of the Statute aforesaid as it is said and to shew wherefore they were not before our Justices at Westminster from the day of Easter in 15. dayes last past as they were Summoned and have you there the names of the pledges and this Writ c. A Writ of Pone in Warrantia Chartae Oliver c. To the Sheriffe Greeting put under security safe pledges J. R. and T. P. that they be before our Justices at Westminster in the morrow of the holy Trinity to answer J.D. in a Plea that they Warrant to him thirteen Acres of Land with the appurtenances in W. which he holdeth and of them to hold claimeth and of whom he hath his Charter as he saith and to shew wherefore they were not before our Justices at Westminster from the day of Easter in 15. dayes last past as they were Summoned and have you there the names of the pledges and this Writ c. A Writ of Habeas Corpus Oliver c. To the Sheriff Greeting we command you that you have before our Justices at Westminster from the day of St. Michael in 15. dayes the body of W. J. late of c. whom by our command you have taken and in your custody do detain as your self to our Justices at Westminster from the day of the holy Trinity in 15. dayes last past have returned to answer R.S. in a Plea that he render to him fourty shillings which to him he oweth and unjustly detaineth as he saith and have you there this Writ T. c. The Entry thereof ss The Sheriffe was commanded that he should take W. J. late of c. if c. and safely c. so that he might have his body here at this day to wit from the day of the holy Trinity in fifteen dayes to answer R. S. in a Plea that he render to him fourty shillings which to him he oweth and unjustly detaineth c. and now here at this day came the aforesaid R. by W. B. his Attorney and offered himself the 4th day against the aforesaid W. J. in the Plea aforesaid and he came not and the Sheriffe now returneth that he took the body of the aforesaid J. whose said body here at this day he hath ready and because the said Sheriffe the body of the aforesaid J. now here hath not therefore the said Sheriff to wit N.B. Esq is in mercy and is amearced by the Justices here to fourty shillings in mercy xl.s. the same Sheriff is commanded that he have here from the day of St. Michael in 15. dayes the body of the aforesaid J. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Capias pro sine upon a Rescus Oliver c. To the Sheriffe Greeting we command you that you omit not for any liberty of your County but take T. W. late of c. if he shall be found in your Bayly-week and him safely keep so that you may have his body before our Justices at Westminster in eight dayes of St. Michael to answer as well us for certain Trespasses Rescues and Contempts by you before our Justices at Westminster in the morrow of the holy Trinity last past returned as William Game in a Plea that he render to him one hundred shillings which to him he oweth and unjustly detaineth as he saith and have you there this Writ T. c. The Entery thereof ss T.D. Esq Bayliffe of the Liberty of E. in the County aforesaid by his Attorney offered himself the 4th day against T. VV. late of B. in the County aforesaid c. with an alius dictus in a Plea that he together with S. F. late of c. render to him xx l. which to him they owe and unjustly detained c. and he came not and as heretofore the Sheriffe was commanded that he should take him if c. and safely c. so that he might have his body here at this day to wit in the morrow of the holy Trinity c. and the Sheriffe now returneth that he by virtue of the VVrit of the Lord Protector to him thereof directed the third day of June in the year of our Lord 1654. at Marleford in his Bayly-week to wit within the County of Norfolk aforesaid took the body of the aforesaid T. VV. and the said T. in his custody by virtue of the VVrit aforesaid then and there had kept untill afterward to wit the same third day of June in the year of our Lord 1654. aforesaid the same T. VV. of K. in the said County of Norf. haveing gathered together to him very many malefactors and disturbers of the peace of the now Lord Protector with force and arms on the aforesaid Sheriff together with the aforesaid malefactors an assault and affray did make and the aforesaid Sheriffe did beat wound and evil entreat so that of his life it was despaired and the said Thomas and the malefactors the aforesaid Thomas from the custody of the said Sheriffe with force and arms aforesaid took and rescued whereby the said T. at large whether he would against the will of the said Sheriff escaped out against the peace of the said Lord Protector afterward the said Thomas was not to be found in