entred as followeth Afterwards to wit ter die came here into the Court the said W. by the Keeper of the Prison aforesaid to the Bar here brought and saith that he ought not longer to be kept in the prison aforesaid for that the same W. at his owne request and not at the request of the said Plaintiff was committed to the Prison aforesaid and for that cause prayeth that he may be dismissed at large from the prison aforsaid by the Court here The Defendant is discharged out of Prison for that the Plainâ—iff prayed him not in execution And because the Justices here by due examination in this behalfe made and that it sufficiently appeareth by the Record that the allegation of the said W. is true therefore the said W. by the Court here is dismissed from the prison aforesaid And the said Keeper of the Prison aforesaid by the said court here is discharged from the custody of the said W. c. M 15. Jac. Rot. 2167. e Walter between Willby and Davenant in a Scire Facias against C. and B. Manucaptors in a Recognizance of 740 l. that the said Davenant should appeare to an account of 330 l. at the Suit of the Plaintiff Nota bien and alleageth that the Defendant appeared to an Originall of 330 l. and that afterwards in Mich. 4. Jac. R. nunc the said Davenant was condemned in the said 330 l. and in 80 s. for damages and afterwards that the Plaintiff remitted 25 l. 6 s. 4 d pro ut c. the said Davenant hath not rendred his body in execution for the judgment aforesaid for 208 l 13 s. 9 d. residue of the debt and Damages aforesaid in the same Court neither hath satisfied to the plaintiff for the residue of the debt and Damages aforesaid the Defendant Pleads that the Plaintiff ought not to have execution c. because he saith that after the Judgment aforesaid given to wit the 23 day of January An. 14. abovesaid came here into the Court the same Davenant in his proper person and then and there rendred his body to the prison of the Lord the King of the Fleet in execution for the said 208 l 13 s. 4 d residue of the debt and damages aforesaid against the said Davenant in Form aforesaid Recorded and in discharge of the said severall Recognizances by the severall Manucaptors acknowledged And that the said Plaintiffe then and there altogether refused to receive or Charge the said Davenant in Execution for the said 208 l. 13 s. 4 d. And this they are ready to verify c. the Plaintiffe protesting saith that he never refused c. And for that he did not render his body pro ut c. issue per Pais And it was moved by Serjeant A. that the same ought to be tried by the record and not by the county See Easter 6. H. 8. Rot. 432. And in this case divers presedents were shewed as well of Ancient as of moderne times M. Easter 12 H. 8 Rot. 324. and Easter 29. Eliz. Rot. 651. T. 12 H. 8. Rot 331. Easter 6. Ja. Rot. 105. such rendring their bodis in execution in discharge of their Manucaptors but note that there is no tender but to discharg the bail See M. 27. ort 37. Eli. Rot. c. Trin. 16. Ia. Rot. 786. tender of the body in execution to discharge the baile P 14. Ia. Rot 2175. W. against B. who tendred himselfe in execution in discharge of his sureties the Plaintiff praies him in execution and the Court will advise themselves of such commitment for that a writ of Error was brought and the Record with the Recognizance certifyed away but at length he was committed in execution notwithstanding the writ of Error in discharge of his Sureties H 9. H. 5. Rot. 461. Henster Bristoll ss Extent upon a Statute-merchant by an Executor It was commanded the sheriff that he should take the body of W. C. late Burgesse and merchant of the Town of Bristoll if c. And in the prison of the Lord the King safe c. untill he shall have fully satisfied unto R. Scot and William Scot executors of the testament of Iohn B. late Burgesse of the Town of Bristoll of 120 l. which the said W. Coombe the third day of Aprill An. R. Rich post conques se 5. before W. C. then Mayor of the City of B. and I W. then Clerke deputed to take Recognizances of debts at B. acknowledged himself to owe to the said I. B. And which they ought to have paid him at the Feast of the apostles Philip and Jacob then next and the same to him as yet c. and in asmuch c. he should make knowne to the Justices here at this day to wit in Oct. Pur beat Mariae c. And now came the said Thomas Stanford on the behalfe of the said executors And the said W. Combe came not and the sheriff retorneth that he is dead and hereupon the said Thomas Stanford prayeth a Writ thereof by the statute c. and because the Justices here are not yet advised whether they ought to grant that Writ at the petition of the said Thomas in this case or not 2 R. 3 f 8 Pl. 16. P. 2 Eliz. Dyer f. 180. Pl. 49 H. 18 E. f. 10. Pl. 35. against this Sci faâ— day therein is given to the said Executors by the said Thomas here untill 15. Pas At which day here the said Thomas Stanford and T. B and I B. who answer for the said Executors as their attornies by writ of the Lord the closed directed to the Justices here to them delivered and pray a writ by the statute And because the Justices here are not yet advised whether that writ ought to be granted at the petition of the said attornies Dyer f. 180. 49. e conâ—r quaere in this case or not day is given therein to the said Executors by their attornies here untill in Octo. S. Trin. At which day here came the same Executors by the said Thomas Stanford their attorney and they bring here into Court the statute aforesaid and also the letters Testamentary of the said Io. Barstable by which it sufficiently appeareth to the Court here the said Robert and William to be the Executors of the Testament of the said I. B. and thereof to have the administrations c. and pray thereof a writ by the statute c. and to them it is granted retorneable here A die S. Mich. in un Mensem c. and in asmuch c. the sheriff should make known here at the same Term c. before which day the Plaintiffe aforesaid remaineth without day for that the Lord Hen. late King of England the 5 after the conquest dyed afterwards to wit in the Term of S. Hil. An. 1. Hen. 6. now King of England after the conquest namely the same W. Scot executor by the same Thomas Sanford his attorny and for that the same W. S.
and lawfull Knights of his County and in his proper person came to the same Court of the said G.W. and in full Court there held the tenth day of May An. c. 13. abovesaid and caused to be recorded the Plaint aforesaid which was in the same Court without the Writ of the said Lady the Queen between the parties aforesaid in the Plea aforesaid And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court of those who were present at the same Record And had prefixed the same day to the parties aforesaid that they should be here to proceed in the same Plaint as shall be just And now here at this day came as well the same Marquesse by Rich. Lee his Attorney as the same Eliz by W. Plomer her Attorney Judgment that the cause is insufficient to remove the cause and a writ of Procedendo is granted whereupon the cause aforesaid being seen in the Writ aforesaid recited It seemed to the Justices here that cause to be insufficient in Law to remove the Plaint aforesaid out of the same Court of the said G.W. of his Mannor aforesaid And that the Court of the Queen here ought not to take Cognizance of the Plea therein And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid Therefore it is considered that the same Bayliffs notwithstanding the Writ aforesaid in the Plaint aforesaid according to the Law and Custome of the Mannor aforesaid at the prosecution of the said Marquesse proceed with effect and that they exhibit to the parties aforesaid full and speedy Justice therein according to the custome of the Mannor aforesaid c. P. 11. Iac. Rot. 2215 ss Entry of a writ of Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damages in the plaint are under 40 â— The Lord the King sent to the Sheriff of Lincoln his Writ closed in these words Iames by the Grace of God c. to the Sheriff of Lincoln greeting We command you that taking with you four discreet and lawfull Knights of your County In your proper person come to the Court of Edward Dymock Knight of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court without our Writ between I. c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said And have that Record before our Justices at Westm Mense pas under your Seal and the Seals of four lawfull men of the same Court who shall be present at that Record and that you prefix the same day to the parties that then they should be there to proceed in the same Plaint as shall be just and have you the names c. Teste c. because the same Defendant for the favour which the same Plaintiff hath in the same Court cannot have Justice there as it is said Let execution be done upon that Writ if the cause be true and the same Defendant shall desire it or otherwise not And now here at this day to wit at the same Mens pas I. L. Knight Sheriff of the County aforesaid returned that he by vertue of the Writ aforesaid took with him I. D. R. R. I. D. and F. Fenn four discreet and lawfull men of his County in his proper person came to the Court of Edward Dymock aforesaid and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ And the Record thereof hath before the said Justices here at the same Mens pas under his Seal and the Seal of I. Hart R.S.I.N. and W. Stoke four lawfull men of the same Court who were present at that Record and prefixed the same day to the parties that then they should be here to proceed in the Plaint aforesaid as should be just Horncastle cum Soca ss At the Court of Pleas of Edward Dymock Knight Tenant or Farmer of the Reverend Father in Christ H. Bishop c. held such a day and year c. T. complaineth against W. late of c. of a Plea of Trespasse upon the case Pledges to prosecute Io. D. R.Ro And now here at this day came the same T. by R.O. his Attorney Cause alledged for a Procedendo because the damages exceed not 40 s. and the Common Bench cannot take cogâ—izance of the plea. and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings And for that cause prayeth a Writ of the Lord the King de procedendo in this behalf to be granted him And because the same W. nor any other on the behalf of the said W. came not nor alledged any thing in Court here to the contrary for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint do not amount to forty shillings in which case it belongeth not to the Court here to hold Plea thereof It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid may further proceed in the Plaint aforesaid between the parties aforesaid Therefore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid that they further proceed in the Plaint aforesaid according to the law and custome of his Soak of the Mannor aforesaid the same Writ of the said Lord the King Procedendo awâ— ded non obstante c. before therein to the same Sheriff directed notwithstanding And that they exhibit full and speedy justice therein to the parties aforesaid according to the Law and custome of his Soak of the Mannor aforesaid should be to be done c. Allowance H. 3. I. Rot. 220. c. Brownlow Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity The Lord the King sent to his faithfull and beloved George Kingesmill Knight one of the Justices of the said Lord the King of the Common Bench his Letters Pattents in these words James by the Grace of God of England Scotland France and Ireland King Defender of the Faith To the Treasurer Chancellor Chamberlain and Barons of our Exchequer And also to our faithfull and beloved George Kingesmill one of our Justices of the Common Bench greeting Know yee that we considering the debility of the body of the said George K. broken with infirmities and old age And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench which he is wont to undergo as in the Letters Patents c. And
Court with his owne hands the writ aforesaid directed to the said Mayor Aldermen sheriffs in Forme aforesaid The writ delivered in Cou t. The party comes in his proper person Returne de causes And before the said chief Justice by the same Mayor Aldermen and sheriffs the 10th day of Jan. last past retorned and executed and the same cheif Justice hath certified here in court that then and there before the said Châ—ife Justice at his chamber aforesaid came the said P. in his proper person under the custody of the said sheriffs and Martin L. and P. P. Sheriffs of the City aforesaid now retorne that before the coming of the said writ the 15th day of Dec. An. R. c. 12. The same Peter was taken in the City aforesaid and detained in the prison of the said Lord the King under the custody of the said Sheriffs by vertue of a complaint levied against him the same day and year in the Court of the Lord the King held before the same M. L. by the name of Peter Furbusher Gent. at the suit of H. R. in a plea of Trespasse 1 Cause in a plea of Trespass Damages 40 l. to the Damages of forty pounds the said Peter was also detained by vertue of a complaint against him 20 Ja. praed levaet in the Court of the sayd Lord the King held before the said Martin Limny by the name of P. F. at the suit of Alexander Ratcliffe in a plea of Debt upon demand of sixty pounds 2 Cause in debt for 60 l. and so recite all the causes whereof the partyes aforesayd have pleaded and so depend undetermined and that these were the causes of taking and detaining of the sayd Peter in the prison aforesaid whose body they have ready as by the sayd Writ to them it is commanded c. whereupon the premisses being seen and by the said cheife Justice then and there fully examined and understood The party and She iffs are discharged it seemed to the said cheif Justice that the sayd P. ought then and there to enjoy the liberties and priviledges aforesaid whereupon the same Peter was then and there dismissed from the custody of the said Sheriffs by the said cheif Justice Vpona forraign Attachment accordingly 1 H 15 Elâ—â—t 588 and the same Sheriffs then and there were discharged by the same cheif Justice from his custody and hereupon the same P. and R. H. of Stepney c. and I.B. of the same Dyer undertook and every of them did undertake Mâ—ch 8 and 9 El. rot 329. Entry of a priviledge for diverse causes and the bail entred severally and there rot 1754. Recognizance to appear to Writs or Actions to be brought Note that in this case the Originall ought to be brought the next Terme ensuing but in a reversall the plaintiff hath liberty of two Termes to bring his Writ to wit the same P. in the summe of one hundred and twenty pounds and the same R. and I. severally in the summe of sixty pounds at the suit of Alexander Ratcliff and Sic de ceteris c. That the said P. should appear here in Court in his proper person or by his sufficient Attorney in Law and answer to the severall Actions or Writs of the same H.R. c. against the same P. of and upon the severall pleas aforesaid before 15 Pasch then next coming to be brought and prosecuted here in Court and also if it shall happen judgment after the apperance of the sayd P. here in Court made in the same pleas for the same H. and A. and against the said P to be given to satisfie the same H. c. of their Damages and the sayd Alexander of his Debt and Damages for the same H. c. and A. against the same Peter in the same Court here to be recovered or adjudged in the pleas aforesaid or that the same P. render himself to the prison of the Fleete of the Lord the King for those occasions which sayd severall summs by the said Manucaptors in forme aforesaid acknowledged the same Manucaptors acknowledge to be made of their Lands and Chattells and which sayd severall summs by the same P in form aforesaid acknowledged the sayd Peter acknowledgeth to be made of his Lands and Chattells and to be levied to the use and behoof of the sayd H. and A. in form aforesaid if it happen the same P. make Default in any of the premisses and in lawfull manner to be convinced thereof Brownlow T 41 Eliz. rot 1229. ss That the said R shall appear here in Court in his proper person or by his sufficient Attorney in Law to the Action or Writ of the said A against the said R. of and upon the cause aforesaid before such a day to be brought and prosecuted in Court here and to answer to the said A. in the plea aforesaid and also if it happen c. Entry of a priviledge returnable immediat in banck H 12 Jac. rot 2262. Brownlow As before in the president for P.F. untill or one of them should have before the Justices of the Lord the King here to wit at Westminster immediatly after the receit of the said Writ that the same Justices of the said Lord the King seeing the cause aforesaid c. untill the end of the Writ Afterwards to wit the ninth of February that same Terme came here into Court the same Michael in his own person under the custody of the Bailiff of the Marshall and Judges c. And recite the Return of the Writ whereupon the premisses being seene and by the Justices here fully examined and understood it seemeth to the said Justices here that the sayd M at present ought to enjoy the liberties and priviledges aforesaid and so as in the president before Alit T 14 Eliz. rot 1288. Divers causes returned wherein are diverse Complaints in Trespasse and debt and the Entry is that he shall appear in Court in his proper person or his sufficient Attorney in Law of and upon the severall Actions of and for the summs aforesaid against the same W. by the said T. M. and M. or any of them before 8 Michaelis next coming to be brought or prosecuted here in Court severally to the same T. M. and M. or either of them in the said Court here in the severall pleas aforesaid P. 28 Eliz. rot 328. the like against the said W. severally to be recovered or adjudged or that he the same W. render himselfe upon that occasion or occasions to the prison of the Fleet of the Lord the said King which sayd summ of fifty pounds to wit twenty pounds thereof the same T. ten pounds to the said M and O. to the sayd I. I. acknowledged every of them acknowledgeth severally to be made of their Lands and Chattells and to the use c. Speciall Amerciament of the Sheriff for not returning of a Writ of Habeas corpus in debt after
in Labours Suits Delayes and Expences be thereof levied c. and in as much c. hee make appear here 15. Trinitat c. Mittimus T 3. Jac. rot 24 10. Entry of a Mittimus of the Record and proceedings Which was removed out of another Court by a certiorare out of the Chancery and sent to the Justices of the Bench. The Lord the King sent to his Iustices of the Bench here his Writ closed in these words James by the Grace of God c. To his Justices of the Bench greeting The Record and proceedings in a certain plaint which was in the Court of our Honor and Castle of Windsor before our deare Cosen and Counsellour Charles Earle of Nottingham of the noble Order of the Garter Knight Admirall of England Constable of our honorable Castle aforesaid and keeper of the whole Forrest of the same or to his Deputy of Keeper of his place there without any writ between William R. Esquire and J. M. Gent of cattell of the same W. taken and unjustly detained as is said by Jo. Trevor Knight Deputy of the same County by vertue of our writ of Certiorare to you into our Chancery certified we send you in these presents inclosed commanding you that the Records and proceedings of the plaint aforesaid being inspected you further do therein at the prosecution of the same James what of right and according to the Law and custome of our Realme of England is to be done Teste c. James by the grace of God c. To our dear Cosen c. greeting we willâ—ng for certain causes to be certified by the Record and proceedings in a certain plaint which is before you in our Court of the Honour and Castle aforesaid without out writ between W.R. Esquire and I Moor of cattell of the same W. c. we command you that the Record and proceedings in the plaint aforesaid with all things touching the same by whatsoever names the parties aforesaid in the said plaint are distinguished to us into our Chancery wheresoever it shall then be under your seale without delay you distinctly and plainely send and this VVrit c. Note Nota. That if the Record had been sent to the Justices of the common Bench they could not have proceeded upon the Tenor of the Record but upon the Return sent c. H 17 Eliz rot 939. Nota. Cause certified into the Bench was removed by a procedendo because the monies in the plaint amounted not to 40 s. T 20 Jac rot 3371. Brownlow The Lord the King c. The Tenor of the Record and proceedings c. We send to you inclosed in these presents and so recite the Certiorare which is we willing for certaine causes to be satisfied upon the Tenor of the Record c and the plaint c And now here to wit at Westminster in Cr. Trin. that same Term came as well the said Plaintiff by T. R. his Attorney as the said Defendant by F. M. his Attorney and the Writs and Return aforesaid being seen and by the Justices here fully understood and examined to the said Iustices here it sufficiently appeareth that the Court here upon the Tenor of the Record aforesaid cannot proceed Therefore it is considered that the said Mayor and Burgesses of the Burrough of N aforesaid in the plaint aforesaid according to the Law and custome of the Burrough aforesaid at the prosecution of the said William may proceed with effect and to the parties aforesaid full and speedy Iustice therein according to the custome of the Court aforesaid may exhibit c. betweene C. and A. Ne Exeat Regnum Ne exeat Regnum M 7. H. 6. rot 600. or 606. Security found that he depart not the Kingdome Nvsance Selde M. 8. Car. Regis rot _____ To the Sheriff of Middlesex greeting whereas of late we have made publick Proclamation amongst other things that none should erect any Walls whereupon _____ might be super added within our City of London or the Subburbs of the same or within the distance of three thousand paces of any of the Gates of the same City or from the Palace of Westminster license from our Commissioners assigned to oversee the buildings in those parts not before had Notwithstanding Thomas Ford late of the parish of Saint Andrew Holborne in your County Yeoman contemning our commands promulgated license of our Commissioners not before had in a certaine Feild in the Parish of Saint Clements Danes without Temple Bar London Selde on the south part of the ancient Inne called Clemants Inne of a long time appointed for the Residence of men incumbent in the study of our Lawes a certain wall to which _____ may be superadded of Brick Lime and Sand to erect and part of the same Feild intendeth to inclose as an ally or common place to bowle in And the foundation of the same Wall hath now laid and more Brick Lime and Sand for further progresse in the same Wall hath here also put and hath ready as it is said and if that place should be also inclosed It would happen that the Students of that Inn incumbent in the same in the study of our Lawes with the Clamors and noise of men resortng to that place would be so much disturbed that they could not Follow their Studies We to observe our commands and willing to regard the quiet and tranquility of the students aforesaid that they should not be diverted from their Studyes Command you that you omit not for any liberty of your county but that you command the said Thomas on our behalfe that from further building of the wall aforesaid he be altogether superseded and the wall begun and the Foundation of that wall by him in the place aforesaid put he cause to be demolished upon the danger to follow Test 19. Nov. Car. T. C. C. S. Cartwright Originall M 18. H 8. Rot. 2. ss An originall Writ out of the Chancery at the Suit of the party directed to the Justices of the Common Bench to stifying that he is a Lord of the Parliament that they should make no other proces against him onely such as are made against the Peeâ—s of the Land The Lord the King sent to his Justices of the bench here his writ closed in these words Henry the 8. by the grace of God c. To his Justices of the Common Bench Greeting we command you that if Edward Sutton of Dudly in the County of Staff Knight be impleaded before you at the suit of any one in a personall action you cause so to be made against him such Proces and no other in the action aforesaid as ought against Lords Peeres Earls and Barons of this our Kingdom of England which ought to come to our Parliaments upon our summons or any of them as according to our Lawes and Customes of the Realm of England ought to be made Because we record the same Edward one of the
of the Rolls of our chancery allowed c. Entry of a writ of attachment of priviledge in the Common Bench for an attorney of the same Bench in debt against 2 severall persons severally M 19 Iac. rot 2948 Brownlow Lincolne ss The Sheriff was commanded that he should attach T B. clerk and L E clerke so that hee should have them here upon Satturday next after the morrow of all Soules to answer R Clarke Gent. one of the Attornyes of the court of the Lord the King of Common Bench here according to the liberties and priviledges c. in a plea of Debt severally And now here at this day came the said Robert in his proper person and offered himselfe against the said T and L in the plea aforesaid and they came not and the sheriff to wit T T Esquire now returneth that he by vertue of the writ aforesaid to him directed tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready as by the said writ it was commanded him Cedi corpus returned and because the same sheriff the bodies of the same T and L now here at this day hath not ready therefore the same sheriff to wit the same Tho. T Esquire in mercy c. and he is fined by the Justices here at forty shillings and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san Martini the bodies of the same T and L whom c. to answer to the same Robert in the plea aforesaid and the same sheriff to wit T.T. Esquire now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne so languishing that he could not have their bodies here at this day without perill of death as by the said writ it was commanded him c. And hereupon in the same Court of the King here on the behalfe of the said Robert it is testified that the same T and L are sound and whole and able to travell therefore it is commanded the same sheriff that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary bringing with him the same T and L whether they be found or infirme to answer to the same Robert in the plea aforesaid and that he omit nothing herein under the penalty of 20 l. which if he shall not do the sheriff shall know he is to loose c. Duces recum awarded under the penalty of 20 l. Procedendo H 35. H. 8. Rot. 318. ss A Procedend awarded in a plea of lands to be removed out of an inferiour Court by Recordare Whereupon the cause aforesaid being seen alleaged by the same B. to remove the Plaintiff aforesaid in the writ aforesaid above specified It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B of her mannor of B. with the Soke aforesaid in the court of the same E. B. and upon the plaint aforesaid ought to proceed c. Therefore it is considered that the said Brian notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed he may proceed in the plaint aforesaid with effect And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid c. M 8. H. 4. Rot. 114. Procedendo Rege inconsulto In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant by act of Parliament that the Tenements of the demandant came to the Kings hands and prayeth judgment si Rege in consulto c. And the King sent his writ de procedendo therein directed to the Justices that the Tenant plead de novo with the demandant c. H 13. Jac. Rot. Brownlow London ss A Procedendo after much debate granted upon a speciall return made upon a Hab. cor upon the custom of London concerning Prentices their ages and their Indentures between them and their Masters Indenture void if the Prentice be not of the age of fourteen years when he was bound An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice c. Test 28. Nov. 13. Iac. by H. Hobert Execution c. ss London ss we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew London do certifie that c. Prohibition BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand Prohibition to the Court of Stanneries in the County of Cornw for holding plea of maters which contcern the Stanneries Suggestion That whereas by the lawes statutes of the Realme of the Lord the King of England it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall or Keeper or Keepers of his place for the time being may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries neverthelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I against the lawes of the Realm of the Lord the King of England In the stannary court of the Lord the King of F in the said county of C before the Substeward of the Stannary Court aforesaid or deputy or Keeper of his place in the Court aforesaid or any of them in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon supposall that the said L. was receivour of the monies of the said I. C. the Father and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M to render an account thereof to the said I. C. drew into plea And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses and to answer the said C. of and upon the premisses
which day the Defendant pleads no award made generally The plaintiff pleads an award and sets forth a breach Causes of demuâ—rer that the Defendant at Midsomer 1621. did not pay 14 l. of an Annuall summe of 14 l. by the award yearely to be paid the Defendant demurs for two causes 1. for that the plaintiff hath not set forth any sufficient breach of the award 2 for that the award for payment of the said 14 l is void Joinder in Demurrer Entry of a writ of Testat Sci fac against Ter tenants who appear upon the Sheriffs return and say that there is another Tertenant in an other County non praenuncit and pray that they may not answer to the wâ—it of Sci fac brought against them usque alius pâ—aemuniatur T 20. Jac. R. Rot. 3047. Brownlow Otherwise as it appeareth Mich. 19. Jac. Rot. 939. It is thus contayned otherwise as it appeareth M. 19. Rot. 1637. It is contayned thus London ss It was commanded the sheriffs whereas V. Norrington latly in the Court of the Lady Elizabeth late Queen of England to wit in Mich. Term An Regni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Towne of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Vin in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detayning of that Debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at Westminster remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And aswell the said Earl as the said Vincent are dead As by the information of I. A. and Sarah his wife administratrix of the â—â—â—ds and Chattells which were of the said Vincent by Joan Norrington â—â—te Executrix of the Testament of the said Vincent not administred the King understandeth and because c. that by honest c. They should make knowne to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queene 35. which day the judgment aforesaid was given or at any time afterwards that they should be here at this day to wit tres Trin. to shew if any thing c. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendred to the same Iohn and Sarah according to the Form of the recovery aforesaid if c. And now here at this day came the same Iohn and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea aforesaid And they being solemnly called came not and the sheriff to wit R D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earle at the same time of the judgment aforesaid given Testat Sci fac or any time afterwards in their bayliwick to whom or to which they could make known And hereupon it is testified in the same Court of the said lord the King here that there are divers Tenants of lands and Tenements which were of the said Earle at the time of the judgment aforesaid given and afterwards in the County of North. to whom he may make knowne Therefore it is commanded the sheriff of North. that by honest c. that hee make known to the Tenants of the lands and Tenements which were of the said Earle at the time of the judgment aforesaid given or at any time afterwards in his bayliwick that they be here in 8. S. Mich. to shew in Form aforesaid if c. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid as Iohn Earle of Bridgwater and Francis his wife premonished c. by William Cragg their attorney and the sheriff of the said County of North. to wit Lodowich Pemberton Knight now retorneth that he by vertue of the Writ aforesaid to him directed by William Smith and Thomas Allen honest c. made knowne to the said Iohn Earle of Bridgwater and Francis Tenants of 2. Messu 1. Cottage 100. acres of land 20. acres of Meadow and 100. acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. Tertenants of divers lands returned of the lands and Tenements which were of the said Fardinand Earle of Darb. of which the said Earle was seised in the Cr. Anim. An. 30 abovesaid of being here at the same Oct. S. Mich. to shew in Forme aforesaid c. And that there are no other or more Tenants of any lands or Tenements which were of the said Earle at the said Cr. Anim. or any time afterwards in his bayliwick to whom he can make knowne And hereupon the same Iohn Awbery and Sarah say that the administration of all the goods and Chattels which were of the said Vincent at the time of his death by the same Joane Norrington not administred by George Arch-Bishop of Canterbury of all England Primate and Metropolitan the 12. day of November An Rs. nunc 12. at London in the parish of S. Mary Bow in the Ward of Cheap after the death of the same Joane to the said Sa. were committed And they bring here in the Court lit Administrator of the said Arch Bpp which the commission of the Administration aforesaid in Form aforesaid testifies c. pray execution against the said Earle of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances in Forme aforesaid to them to be adjudged c. And the Earle of Bridgwater and Francis pray licence therein to imparle here untill 8. S. Hill And have it c. the same day is given to the same Iohn Awbery and Sarah here c which imparlance is continued untill Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth And the same Earle of Bridgwater and Francis say that the same I. A. and Sarah ought not to have execution against them for the debt and Damages aforesaid because they say that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earle and Francis to wit the first day of Iune An. Rs. c 19. one Christopher Earle Esquire was and yet is Tenant as of Fee Tenant of the mannor of S. M. with the appurtenances in S. M. in the county of Dor. and of 20. Messuages 20. Gardens 20. M. 11 Edw. 3. Fitz. brev 266. such plea is adjuâ—ged good Orchards c. with the appurtenances in S. M. aforesaid whereof the same Fardinand late Earle of Darb. in the
may be spared about the Issue of the Country in this behalf to be tryed prayeth himself to be admitted to make a Fine with the said Lord by occasion of the premisses c. And hereupon the said T. R. found pledges in Court here to the said Lord the King for that contempt to wit T. S. and R. C. whereupon the Justices of the Lord the King here do assesse the Fine of the said T. R. by occasion of the Premisses ad propert sup dict Therefore the said T.R. of that contempt be quiet and go thereof without day c. P. 3. Ca Reg. rot 42. amongst the Pleas of lands Brownlow The admission of the third Prothonotary unto his Office Be it remembred That the seventh day of May that same Tearm Thomas Richardson Knight chief Justice of the Lord the King of the Common Bench here freely granted to R. M. Gent. one of the Clerks of Richard Brownlow Esquire chief Prothonotary of the Court of Common Bench aforesaid here the Office of the third Prothonotary of the Bench aforesaid here now being void by the death of Thomas Waller Esquire late third Prothonotary of the same Court of the Bench aforesaid here And admitted the same Robert to that Office to have hold and enjoy to the same Robert for term of his life as his free Tenement according to the custome of the Court aforesaid from the time whereof the memory of man is not to the contrary used and approved And also the same Robert as wel the Oath of the Kings Supremacy according to the form of the Statute in this case made and provided as his corporall oath well and faithfully to carry and behave himself in the same Office before hand taken as the custome is into corporall possession of the same office put and instituted to hold occupy and enjoy the same in form as aforesaid so fully and wholly and in the same manner and form Vad. as the same Thomas Waller late had and occupyed the same office perceiving in the same office Wages Fees Profits Commodities and Emoluments to the same office due and accustomed c. T. 12. Ed. 4. Rot. 494 Copley Midd. ss The admission of the second Prothonotary unto his Office Be it remembred that William Comberford lately having and occupying in the Court of the King here the Office of one of the Prothonotaries of this Court the same to wit the office which Thomas Brown during his life-time in time past and immediatly before the same Thomas Brown had exercised and occupyed and which said office William Wakefeild during his life time in time past and immediatly before the same Thomas Brown had exercised and occupyed the eleventh day of June that same tearm died after whose death that office was vacant and continued so vacant until the fifteenth day of June then next following which said fifteenth day John Fogge Knight chief Clerk of the Lord the King and Keeper of the Rolls of the said Lord the King of this Court to whom by reason of that office the Donation or Presentation of one of the Prothonotaries of this Court is known of right to belong Came here in Court in his proper person and gave to the Court here to understand that the said office of one of the Prothonotaries by the death of the said William Comberford was void and gave and granted to Roger Brent and constituted and ordained him to have and occupy that Office And the same Roger being in his proper person to be admitted to the said office was presented to Thomas Bryan chief Justice of the Lord the King of this Court to whom by reason of his office belongeth the admission of every person to the same office whensoever it is void by the chief Clerk of the Lord the King and keeper of the Rolls and Writs of the said Lord the King of this Court for the time being present requiring the same chief Justice that he would admit the same Roger to the said office of one of the Prothonotaries and that he would think worthy to put in full possession of the same And hereupon the same chief Justice here in the premisses by mature deliberation and advisement And as well to the ability as to the long and tedious continuance attendance and exercise of the said Roger in this Court consideration and respect being had admitted the same Roger to that office and swore him well and faithfully to occupy and exercise the same office and put the same Roger into full possession of the same office to have and exercise the same to the said Roger for tearm of his life as fully and entirely and in the same manner and form as the same William Wakefeild T. B. and W. Comberford or any of them or any other the said office before their times had and occupyed receiving in the same Wages and Fees Profits Commodities and Emoluments to the same office due and accustomed Accedas ad cur to remove a plaint cut of a Court Baron c. and a Procedendo granted for that the cause is sufficient to remove the plaint and the Common Bench will not hold plea thereof M. 13 44. Eliz. Rot. 2175. T 18 Iac. Rot. 1959 H. 9 Jac. Rot. 2008 1425. Accedas ad Curiam T. 13. Eliz. Rot. 1276. ss The Lady the Queen sent to the Sheriff of Southampton her Writ closed in these words Elizabeth c. That taking with you four discreet and lawfull Knights of your County In your proper person you come to the Court of Gabriel White Esquire in O. in full Court there and cause to be recorded the Plaint which is in the same Court without our Writ according to the custome of the same Court between William Marquesse of Winchester and the Lady Eliz. Warham Widow of a certain Trespasse to the said Marquesse by the same Eliz. done as is said and bring that Râ—cord before our Justices at West in Cro. Trinitatis under your Seal and the Seals of four lawfull men of that Court who shall be present to the same Record and that you prefix the same day to the parties that they should be then there to proceed in the same Plaint as shall be right And have you there the names of the same four lawfull men and this Writ Witnesse our selfe at Westminster the eigth day of May An. c. 13. because the same Eliz claimeth to hold the Tenements wherein the Trespasse aforesaid is supposed to be done by the Common Law Cause and not according to the custome of the Mannor of O. for which that Plaint in the same Court ought not further to be drawn let execution be done upon that Writ if the cause be true and the same Eliz. shall desire this or otherwise not By vertue of which said Writ G. Wells Esquire Sheriff of the County aforesaid now here at the said Cro. Trinitatis returned that he took with him S. C. I. H. G. H. and I.H. four discreet
to the Lord the King now to a 100 l. c. M. 28. Hen. 6. Rotulo 315. Wydestade Be it remembred An Attorney committed to the Fleet and fined at 13 s. 4 d. for that he prosecuted a Capias in Trespasse no originall was filed to warrant the same writ of Capias P. 20. H. 6. rot 325. tiel T. 20 H. 6. fol. 37. pl. 6. T. 27. H. 6. fol. 378. M. 5. and 6. P. and M. rot 993. that the sixth day of Novembar that same Terme it is given to the Court here to understand that one Iohn Wellis one of the Attorneyes of the Court of Common Bench here falsely and deceitfully a certaine Writ of the King supposing that Writ from the Roll of Iohn Wellis one of the Prothonotaries of the Bench here of that same Terme Rotulo 110. to have issued whereas it did not so issue The Tenor of which said Writ followeth in these words Henry c. reciting the Capias wherefore he brake the Close c. Teste I. P. at Westminster the fourteenth of October Anno 28. Rotulo Carolus 20. Whereupon the files of Writs being searched of the said County of Hereford of that same Terme here in Court filed no Orginall Writ nor Roll received here in Court which ought to warrant the said Writ whereupon the same Iohn Wellis being solemnly called as the custome is to call the Attorneyes in his proper person appeared and upon his oath by the Court here examined expressely acknowledged that he wrote the sayd Writ to take Henry Collet and sealed it with the Kings Seale of the Bench here no Originall Writ whereupon the same Writ ought to be warranted returnable in Court here nor in the Roll aforesaid nor in any other Roll in that same Terme is enrolled for which the same John VVellis present here in Court for his Fasehood and Deceipt is committed to the prison of the Lord the King of the Fleet there to remain untill c. Afterwards to wit the day of N that same Term the same I.W. came again here into Court under the custody of the Warden of the prison aforesaid brought here to the Bar and prayeth to be admitted to make a fine with the King here by occasion of the premisses and he is admitted for thirteen shillings four pence which the same I payed here in Court which are assigned and payd to the Sheriff of Middlesex for divers Reparations c. T 35 H. 6. Rotulo 494. Last Roll Be it remembred That for as much as great Troubles Subtilties Falsehoods and Deceipts have been caused and done before this time in the Kings Court of Common Place as well for lack of attendance of the Officers of the same place as by commers and sitters within the same which be not sworne nor have to do within there be certaine orders made at the Utasse of Saint Iohn the Baptist the year of the Raigne of King Henry the sixth after the Conquest 35. by Iohn Prisot cheif Justice of the said place by the advise of all the Judges of the same in Forme following FIrst That every Prenotary Filoser Exigenter Kings Clarke and every other Officer of the same place such as they and their predecessors have used to occupy their Offices in their proper persons and they or their Deputies sworne that have used to occupy their Offices by their Deputies from henceforth attend upon their said Offices in their places accustomed for the same and occupy them in their proper persons upon payne of Forfeiture and Leesing of their Offices Alway foreseen that if any of the sayd Officers or Deputies for sicknesse or other cause reasonably be licenced or had excused by the Cheife Justice of the same place for the time being that he be not prejudiced by this Ordinance ITem That none of the said Officers nor Deputyes take upon them to license or to set any Clerk or other in any of their places or by them to occupy in their said Offices or for any other cause without License of the Cheif Justice for the time being saving such as have been accustomed to have their Clarks sitting by them that is to wit every of the Prothonotaries two Clarkes for the Clarke of the Stretes two Clerkes for the Keeper of the Writs or his Deputy one Clark upon paine of Imprisonment and making fine to the King therefore neither that no man take upon him to sit within the said Common place that is none Officer nor hath no place within without leave of the said cheife Justice or Justices upon the same paine ITem That no Attorney nor no other make any manner of Writ or Processe in any Officers name of the same place saving only every Officer in his own name nor intermeddle with any other ones office nor of any other thing that pertaineth thereto without leave of the cheife Iustice of the said place for the time being or of the same Officer in whose name he writeth and that he the said Officer will allow and affirme the same upon paine of Imprisonment and making Fine to the King as aforesaid P 4 Car. rot 1236. Brownlow ss Be it remembred Commitment of an Attorney t rown over the bar for diverse falsities that the tenth day of May that same Terme for that it manifestly appeared to the Court here upon the examination of diverse faithfull persons and upon other matters here in Court brought that William Juby one of the Attorneyes of this Court had unduely prosecuted divers Writs of Capias without any Originall writs out of the Chancery obtained to maintain the issuing out of such Writs of Capias in deceipt of the Lord the King now and of this Court and that the same William Juby had impleaded diverse Subjects of the Lord the King without any just causes but only for vexation and some of them through the multiplicity of Arrests are compelled to agree with the same William Juby to redeem their vexations And that the same William Juby diverse Falsehoods Deceits and Misdemeanours committed and perpetrated to the hurt and vexation of divers subjects of the Lord the King dwelling in the Counties of Norff. Suff. against the oath by the same William taken when the same William was admitted to the office of an Atrorny in this Court Therefore it is considered by the Court here that the same William Juby be altogether forejudged from the office of an Attorney in the court here that in the Office of an attorney from henceforth he should not intermeddle but his priviledge therein should altogether loose and that his name out of the Roll of Attornies of this Court be blotted out And the same William by the cryers of the court was put out of the Court here beyond the Bar and committed to the prison of the Lord the King of the Fleet there to remaine untill the Court here should othewise consider c. Debt Entry of a Writ Ad levand debin de bonis inobil Cli.
time hath withdrawn and absented himselfe without the licence of the cheif Clerk of the Lord the King of the common Bench here to whom the gift of the same Office belongeth And without the licence of Rob. Dierby cheif Justice of the Court here So that the same Office by the same Io. or any clerk for him or in his name remained a long time undon and unoccupyed to the prejudice of divers Leige People of the Lord the King and delay of their Suits Wherupon upon the complaints of divers of the same Leige people who intend to prosecute such writs of Nisi Prius and other Jurats intending to deliver writs of Dedi Potestatem and acknowledgment of Fines here in Court And not having such clerk ready in Court who should receive and make such writs and Jurats upon the 20. day of October this Term it is besought aswell by Peter Stainford who had occupyed that Office for the same Iohn in the life time of Iohn Quick Deputy of the said Iohn at divers times at the intreaty of the said Iohn Quick in his absence as his clerk in other precedent Terms by the licence of the chife justice here As also by Thomas Thorold under Keeper of the Writs and Roles of the Lord the King of this Court that if they or either of them to the same Office for the same Io. Cheker and in his name would attend and the writs and Records due to be made in that Office for the same Iohn and in his name he or they would Receive write and do who said severally that not By which the same Iohn the same day of Friday in the morrow of the same day was solemnly called to exercise the Office aforesaid and appeared not wherupon he by the consideration of the said Court here is removed from his said Office and William Snayth at the nomination of the said cheife cleark here in the Court faithfully to extrcise and occupy that Office on the same morrow was admitted and sworne to have and hold that Office as the Philizers Exegenters and other officers of our Lord the King here hold and occupy their offices M 22. Iac. Rot. 436. Brownlow Foringden of a Cryer of the Court for his non attendance upon the Court nor any cause shewn to the Court for his absence T. 15 E 4. f 26. T 15 E 4 f. 7. P. 6. Caâ— Rot 1314. Admission of a Cryer upon the surrender of Hyliard Bee it remembred that George Baker one of the Cryers of this court who to the office of one of the Cryers of their Court was before sworne and admitted well and faithfuly to exercise and occupy the same To whose office it apperteineth to attend every Law day in court here in his proper person and to do in the Court those things which belong to the Office of a Cryer of this Court to be done three severall dayes to wit 19. of November 20. November and 22. of November this terme in full Court being solemnly called to attend his office of Crier aforesaid as of right he ought to have don came not but himselfe from his Office aforesaid the same three daies by the space of 5. years last past more without the licence of the court here absented and withdrew himselfe no cause of his absence to the Court here by any on the behalfe of the said Georg being shewen Therefore the same Georg by the consideration of the court here is removed from further exercising of his Office of Cryer here And Robert Hylyard at the nomination and presentation of Walter Zankey Esquire to whome the gift of the Office aforesaid belongeth faithfully to exercise and occupy that Office the 24. day of November this term by the Court here is admitted and sworne to have exercise and occupy the office aforesaid as the other Cryers of the court here have and occupy their Offices c. H 31. Eliz. Rot. 1720 Be it remembred that the 27. Attorney of the Common Bench for that he forged a Writ of Sup. de non molestando upon an Utlary where no Writ of Error was sued out of the Chancery for warrant the same And the party outlawed thereupon was delivered out of prison was committed to the Fleet. And because he could not gainsay but confessed the same that he had forged the same Writ it was awarded that he should not entermeddle more in the Office of an attorney but should lose his priviledge of the same and that his name should be taken out of the attorneys Roll and that he should be forjudged the Court and thrown over the bar and fined at 5 l. and should be sent to the severall Courts to be inspected and was sworn thereunto and after he was shorne he was thrown over the barre day of January that same term came here in court one Richard Hillington one of the Attornies of the Court here in his proper person and for that he by the Tye of his Oath in his office of attorney made the falsehood if he shall understand any in the Court here to be don or perpetrated is bound with that speed which is convenient to reveale and certify to the Court here gave to the Court here to understand that E.G. one of the attornies of the Bench here in the exercise of his Office of an Attorney to the scandall of the Court here and in falsity and deceipt of the same Court behaved himself and Fradulently For that to wit whereas certaine Iohn Vernon and Richard Carter lately in the Court of the Lady the Queen now of the common Bench here have impleaded Ric. Michell late of M. in the County of S. Yeamon W. M. late c. And Iohn M. late c. in a plea of Debt and the same R. W. and I. O. for that they came not before the Justices of the said Lady the Queen of the Bench here to answer the said Io. Vernon and R. Carter therein they were put in Exigent in the County of the City of the said Lady the Queen at Oxford to be utlawed and upon that occasion were afterwards ut-Lawed And afterwards the same Io. Michell by vertue of a certain Writ of the Lady the Queen of Capias Vtlagat upon the utlawry aforesaid to the sheriff of of Surry in this behalfe taken and in prison of the said Lady the Queen and under the custody of the said Sheriff was detayned the same Edward Osbulston not having the feare of God before his eyes nor his oath that he should not do any falsehood in the same Court fearing a certaine false Writ under the name of the Lady the Queen caused to be written made counterfeited the tenor whereof Followeth in these words Elizabeth c. reciting the Superse de non molest T. Edmund Anderson of Westminster the 28. day of Nov. An. c. 31. whereas no Writ of Error out of the Chancery of the said Lady the Queen to the same Edmond Anderson was directed by
the same Edw. Osbalston or any other person for the same R. M. W. M. and I. M. upon the utlawry aforesaid was ever prosecuted as by due Search in this behalfe made to the Court here plainly appeareth Notwithstanding the same Edward Osbalstone the said false and forged writ afterwards with the seale to seale writs in the court here caused to be sealed And the same to the said sheriff of Surry to wit to Richard Brown Esq as a true writ delivered by colour or which said false and forged writ the same sheriff delivered the same Io. Michell out of prison aforesaid to the great scandall of the Lawes of the Lady the Queen now and the deceit of the said Queene and of the Court here and great delay of the said Io. Vernon and Richard Carter in their suit aforesaid whereupon the said Ed. O. being present here in Court and by the court here examined whether he made the said false writ in Forme aforsaid or not saith that he cannot gainesay but that he made the said false writ in form as aforesaid as is above alleaged hereupon the same Edward O. is committed to the Prison of the said Lady the Queen of the Fleet there to stay untill c. and afterwareds to wit the 30. day of Jan. that same Terme came there in Court the same Ed. O. in his proper person under the custody of the Warden of the prison of the Fleet brought and being asked how he would excuse himselfe of the premisses saith that he cannot gainsay but that he is guilty of the premisses aforesaid as it is above alleaged against him and therein puts himselfe upon the favour of the Court here whereupon for that it seemeth to the Court here that the said Ed. Osbalston the said false Writ not only out of negligence but out of malice voluntary fraud and falsehood caused to be written and made therefore it is considered that the same Edw. in his Office of attorney in the Court here from henceforth shall not intermedle but shall loose all his Priviledges therein that his name shall presenty be taken quite from the attornies and that he from the Court here before judged and put out of the Barr of the Court Roll here and that hee make a Fine with the Lady the Queen for his falsehood aforesaid at C. and also that afterwards the same Edward after he is put out of the bar here shall be led by the warden of the Fleet through the hall here into the Court of the said Lady the Queen to hold Pleas before the said Lady the Queen commonly called the Kings Bench that the Justices of the said Lady the Queen there having notice of the falshood of the said Edward before by the command of the Court here might command the same Edward in as much as the same Edward c. in nullo sed intromittas And immediatly is brought back from the same Court through the hall there by the same Warden of the Fleet into the Exchequer of the said Lady the Queen before the Barons there that the same Barons likewise taking notice of his falshood c in that Court T 20 H 6. f 37 Pl. 6. br attorny 70. in nullo se intromittat c. And further the same Edward by the command of the Justces here took his Corporall oath in these words This heare you Justices that I. E. Osbaston late one of the Attornies of this Court having my name by you for divers my misdemeanours by me committed in the exercise of my said Office justly drawne out of the Roll of Attornies And forejudged this Court from the exercise of the same Office shall not from henceforth directly or indirectly as an attorney pursue defend or otherwise intromit in any action suit or Canse in this court here or in any other of the Queens Majesties Courts at Westminster so help me God and the contents of this book whereupon the same Edw. to the terror and example of others in the like case offending by the cryers of the same Court was put out of the Court here beyond the Barr c. P 7. H. 7 Rot. 1. 34. In the Kings Bench Angl. ss Forindger of a Philizer of the Kings beâ—â—h no aâ—tending his Office in person Be it remembred that it seemeth to the Court of the Kings here before the same King and it is plainly knowne to the same Court that Phillip Wharton otherwise called Philipp Wharton who is possessed of an Office of the Filizer of writs of the same Court of the Countyes of Cornwell Glos hereof the towne of Glou. and the towne of Bristoll and for 6. yeares and more last past was possessed that Office within the space of two yeares and divers Terms before hath not personally occupyed as he of right and according to the custome of the Court aforesaid ought and for that the same Philip in the Terme and Yeares aforesaid was not vexed with any such disease or infirmity but that he might fitly in person attend the Office And the same Court of the Lord the King here by diligent examination in that behalfe had manifestly appeareth And also for that the same Philip was often times admonished by the said Court of the said Lord the King according to the custome of the said Court personally to attend that office and never offered himself nor offers to exercise and occupy the same office but himselfe from personall exercising of that office by a long time now elapsed being in no wise licensed hath absented himselfe Therefore by the advice of the whole Court of the Lord the King aforesaid the same Phillip divers daies and times in the same Terme and other Termes past being solemnly called according to the custome of that Court personally to exercise and occupey that office appeared not that the said office for default of the said P. remaineth in nothing executed observed for which it is considered in the same Court that the same Philip from the said Office and from further exercising and occupying of the same from henceforth forever be forejudged which said default upon him by the Court here at the end of the same Term to wit the fourth day of the Plea de 15. S. Ioh. Bapt. which said fourth day that Court untill the 8. S. Mich. next following is adjorned is Recorded c. see in the title Commitment an ordinance made 35. Hen. 6. Fine quashed upon the examination and inspection of the Infant by him acknowledged upon dedimus potestatem which was not admitted to be recorded P 4. Ia. Rot. 1409. Brownlow Derb. ss Be it remembred that the 29. day of May that same Terme it seemed to the Court here aswel by the inspection and veiw of the body of J. Zouch the younger Esq then present here in Court in his proper person as by the examination of divers faithfull witnesses then and there examined upon their oath and other lawfull Proofes in that behalfe in
the whole time aforesaid to be replevied by the sheriffs Ministers of the City aforesaid for the time being by vertue of a plaint in the Court of the sayd Lady the Queen and her progenitors Kings of England held before the Sheriffs of the City aforesaid for the time being levied and not by writ of the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery and also that all the customes of the City aforesaid by Authority of Parliament of the Lord E late King of England after the Conquest at Westminster The Sheriffs are free men of London and held by their oath to observe the customes of the City the fifteenth year of his Reign held were ratified and confirmed to the then Mayor and Comminalty of the same City and their successors which said Liberties and free Customes of the same City they the same sheriffs and freemen of the City aforesaid before the purchasing of the said Originall Writ and alwaies afterwards hitherto being bound by oath have observed and are bound to hold without any violation for which causes the sheriffs aforesaid could not replevy the goods and chattells in the sayd Writ specified or do Execution upon the sayd writ nor can at the present but because it seemeth to the Court here that the Return aforesaid The Returne of the Sheriff vicious in form aforesaid made is as well in contempt and prejudice of the said Lady the Queen now and of her Court and also in Derrogation of her Crown and Dignity and manifest Danger of her Dis-inheriting and also that it giveth way and redoundeth to the immoderat damage and greivance of the same W and Delay of his suit therefore as before the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattells aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed Plur. repleg awarded and in as much c. They make appear here in 8 Sancti Hillarii c. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term to answer as well to the said Lady the Queen as to the same W of and upon the premisses further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalfe and in as much c. The same Coroner cause to appear at the same Term c. Pone Sheriffs returne upon a Pone adjudged void for that he shew edssino the cattell in specie named in the Returne See p. 3 El. Dyer fol. 199. pl. 54. Report of the case 21 E 4 fol. 23. M. 18. H. 6. rot 428. H 2. Eliz. rot 191. It is recorded by the Court here the third day of May in the year of the Raign of the Lady Elizabeth now 3. That the Returne aforesaid is vitious invalid and insufficient in Law for that there are no cattell named in Specie in the Return aforesaid contained for which the same Sheriff by vertue of a Writ of _____ was attached to be here at the said Octab. Pur. c. whereupon no judgement by the Justices then here for any forfeiture to be made to the Lady the Queen upon the Attachment by the Law of the Land ought to be given nor is given as it appeareth above and so the processe and extracts for the price or value of the Cattell aforesaid to be forfeited without Judgement and consent of the Court here by the Officers of the same Court without Warrant was made c. Quaere if not between Netherfall and Lawrence Priviledge H 45. Eliz. rot 818. Brownlow Lanc. ss At the return of a Capias against a servant of the câ—cife Cleâ—k of the Kings Bench the servant came in person into the Court of Common Beuch delivered to the Justices a writ of supersedias prayed the allowance thereof that they would not hold plea c A writ of priviledge for a servant of the cheif clark of the Kings bench It was commanded the Sherif that he should take John Wood late of Brenset in the county aforesaid Yeoman of c. and safely c. so that hee might have his body here at this day to wit in Octab. Sancti Hillarii to answer to T. L in a plea wherefore with force and arms one Messuage ten acres of Land with the Appurtenances in B. which Margeret Erlington widdow to the same T. devised for a Terme which is not past entred and him from his Farme aforesaid ejected and other Enormities c. To the great Damage c. and against the peace c. And now here at this day came as well the same T. by I. P. his Attorney as the same John Wood in his proper person and hereupon the same J W. brought here into the Court a certain Writ of the sayd Lady the Queen of Supersedeas in the cause aforesaid closed to them directed The Tenor whereof followeth in these words Elizabeth c. To our Beloved and faithfull Edmund Anderson Knight and his Associates Justices of the same Bench greeting As well of our Dignity as according to the ancient Custome used and approved of in times past hitherto obtained That our cheif Clark of the pleas in our Court before us ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints pleas of Free Tenement only excepted nor by the whole time aforesaid were accustomed And now in our Court here before us on the behalf of John Wood one of the servants of John Rooper Knight our cheif Clarke assigned to Roll pleas in our said Court before us It is given us to understand That one Thomas Lacke little regarding the custome aforesaid the same I W by the name of I. W. late of B. in the County of Kent Yeoman hath drawn into plea of a plea wherefore with force and armes one Messuage c. as above untill against our peace c. to the very great disprofit and greivance of the said I. W and manifest infringement of the Liberties and priviledges aforesaid in our Court before us by the whole time aforesaid hitherto used and approved whereupon we are willing to provide him a fit speedy remedy to observe the Liberties priviledges aforesaid for so long time used infringed We command you that from further holding of the plea aforesaid before you or compelling him the said I. W. further to answer before you in the plea aforesaid ye be altogether superseded saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will Teste Iohn Popham at Westminster the twenty fourth day of January Anno Regni nostri 45. Rooper Which said Writ being read and heard the same Iohn Wood saith That he is and at the day of purchasing of the Writ
of the said T. Lacke was servant of the said Iohn Rooper Knight Cheif Clarke of the said Lady the Queen now assigned to enroll the pleas of the said Lady the Queen before the same Queen and prayeth that the said Writ of Supersedeas according to the Forme of the same Writ to be granted and allowed to him and that the Justices here will not take Cognizance of the plea aforesaid against him c. Counter plea to the writ of priviledge that the Defendant is farmer of the said cheif clark of dives lands c. and traverseth that he is a fervant to him and abiding with him attending in the office Traverse And the said Thomas saith That the Court here for any thing before alledged ought not to be repelled from the having and taking Cognizance of the plea aforesaid because he saith That the said Iohn Wood at the day of the purchasing of the Originall Writ of the same Thomas to wit the same seventeenth day of September Anno c. 44. was Farmer of the same I Rooper Knight of certain Lands of the said I. at B. aforesaid in the said County of Kent without this that the same I W the same day of purchasing of the Originall Writ of the same T. or at any time afterwards was servant of the said I.R. Kinght abiding with the said I. or attending the said I R in his affaires in the Office aforesaid and this he is ready to verifie as the Court shall consider and prayeth the Supersedeas not to be allowed him and that the Court would take further Cogn zance against him c. Demurrer to the counter plea ANd the same Iohn Wood saith That the said Plea of the said T. above pleaded to adnull the said Writ of Supersedeas and also the matter in the same plea contained are insufficient in Law to deprive the same I W. from having the said Writ of supersedeas allowed or that the Court here should take further Cognizance against him in the plea aforesaid and that he to the plea aforesaid in forme aforesaid pleaded hath no need nor by the Law of the Land is held to answer and this hee is ready to verifie Joinder in Demurrer whereupon he prayeth Judgement that the said Writ of supersedeas according to the form of the said Writ may be granted and allowed unto him and that the Justices here would not take further cognizance against him in the plea aforesaid c. And the same T. from whence he sufficient matter in Law to deprive the same I W from having the said Writ of super and that the Court here should take further Cognizance against him of the plea aforesaid hath above alledged which he is ready to verifie which sayd matter the same I. W. doth not gainsay nor any wise answer to the same but doth altogether refuse to admit of the verification thereof prayeth judgement if the said Writ of Supersedeas ought to be granted or allowed unto him and that the Court would take Cognizance against him the said I. W. in the plea aforesaid and because the Iustices c. M. 9 Jac. rot 705. ss A Writ of priviledge allowed for one of the six Clarks of the Chancery The Lord the King sent to his Justices of the Common Bench here his Writ closed in these words James by the Grace of God c. To his Justices of the Bench greeting Whereas the Masters Clarks and Officers of our Court of Chancery and of our progenitors late Kings of Eng and also their servants and familiars whosoever to answer in our Court before you or before any of our Justices or Ministers or other secular Judges whatsoever besides before us in our Chancery aforesaid upon any Writs Causes or Complaints Trespasses Actions or Demands which concern not our person pleas of Freehold Felonyes and Appeales only excepted according to the Jurisdiction Liberties priviledges and Customes of our Chancery aforesaid from the time whereof the memory of man is not to the contrary hitherto obtained ought not to be drawn compelled or imprisoned nor hitherto were wont And now we understand that W. S. Knight doth implead in our Court before you Valentine Saunders Esquire one of the six Clarkes of our Court of Chancery aforesaid for 400 pounds which the same W. doth demand of the said Valentine as it is sayd in Derogation of our Court of Chancery and against the custome aforesaid and because we will inviolably observe the Jurisdiction Liberties priviledges and customes aforesaid We command you that from further holding before you of the plea aforesaid by whatsoever name the same V. be reputed you be altogether superseded declaring to the sayd W. on our behalfe that he follow against the same V. before us in our Chancery aforesaid and no where else If it seeme expedient for him Teste c. 9 November Anno 16. and 45. By pretext of which sayd Writ the Rolls and other Memorables of the Court of the Lord the King here remaining being searched it sufficiently appeareth upon Record that before the same writ of supersedeas was delivered to the said Justices here the same V was put in Exigent in the Hustings of London to be outlawed at the suit of the said VV. in the plea aforesaid which said writ of Exigent before the Justices here is returnable in Octab. S. Hillarii whereupon the same Valentine for his indempnity prayeth a writ of the Lord the King to be directed to the Sheriffs of London to supersede the Execution of the said writ of Exigent so that the same VV. at that day may shew if he can wherefore the same Va the priviledge of the Court Chancery of the said Lord the King according to the forme and effect of the writ aforesaid ought not to have if c. and it is granted to him returnable here at the same Terme c. The same day is given to the said V. here c. H Il. 1. and 2. Eliz. rot 630. The like writ is allowed for a Chancery Clarke H 18 El. rot 602 the like writ is allowed T. 19. El. rot 1213. H. 25. Eliz. rot 2019 A writ of priviledge for a Prothonotaries clarke of the Kings Bench allowed in the Common Bench. P 44 Eliz. rot 1841. The Lord the King c. reciting the writ of priviledge for Richard Swaine Doctor of Lawes one of the Masters of the Chancery Teste Anno 44. and for that the plaintiff alledged nothing in court here wherefore the said writ ought not to be allowed him therefore the plea aforesaid against the same R in the court of the King here shall be no more attempted c. M. 11 H 7 rot 133. T 5 Jac. rot 750 P 18 Jac. rot 1795. for M. P 13. Jac. rot 2192. P 11 Iac. rot 1368. P 36 Eliz. rot 320 P 8 H 7 rot 130. Allowance of a writ of priviledge for T.S. his Clerke one of the servants of our beloved clarke I.B. keeper
against the law of the land of the Realm of the Lord the King of England unjustly constrained by arrest of his body whereas in truth neither the said I. L. nor the said I. C. nor either of them at the time of the levying of the said plaint or any time afterwards hitherto was Tinner working in any Stannary worke within our Counties of D. or C. And whereas in truth the account aforesaid doth not concerne any Tinner or matter or matters belonging to the said Stannaries Averment that neither Plaintiff or Defendant were Tinneâ—â— Averment that the account did not concern Tâ—nning and although the same I. L the matter aforesaid by him above alleaged before the said Warden Subwarden and steward often pleaded and alleaged in the Stanuary Court aforesaid and offered to prove with inevitable truth and Testimony Neverthelesse the said warden Subwarden steward Deputy or Keeper of the place would not admit of that plea or allegations but altogether refused and the same I. C. notwithstanding the plea alegation probation of the said I. L. aforesaid in the premisses aforesaid the said I L. before the said warden underwarden steward Deputy or Keeper of the place in the plea aforesaid to be condemned with his whole strength indeavoureth and tryeth from day to day in contempt of the Lord the King now and manifest damage impoverishment and greivance of the said L. and against the lawes of the Realme of England and this he is ready to verifie whereupon the said L. humbly imploring the aide and munificence of the Court of the Lord the King now prayeth remedy and a writ of the Lord the King de Prohibitione to the said warden underwarden c. And to the said C. Counsellors Attornies and Solicitors of the said C. in this behalf whatsoever to be directed in Forme of law to prohibit them and every of them that they nor any of them proceed not further in the cause aforesaid or any thing that concerneth the premss in the court aforesaid before the said Warden c. or presume to attempt any thing more in the cause aforesaid in the court aforesaid which may give way to indamage the said I.L. or prejudice of the Law of the Lord the King now his Crowne or dignity and to him it is granted c. Warburton Mich. 25. H. 6. Rot 323. Prohibition without a cause depending against the Bishop of Winchester for excommunicating a man for serving a warrant of peace upon his Chaplain EAster 44. Eliz. Rot. 1738. The like Causa non pendente out of the Court of Request against the corporation of Myners THat this Prohibition causa non pendente being granted upon the motion of Serjeant Hele Justice Gawdy and Warburton Walmesly being absent Nota. And at another day Justice Walmesly being present and Justice Gawdy being absent Justice Walmesly said that the prohibicion lay not Causa non pendente And thereupon the Prohibition did not issue forth though Warburton put his hand to it Yet Gawdy and Walmesly denyed Quare Impedit H 12. H. 7. Rot. 315. Mordent Leic. ss Tho. and Eliz. his wife In Quare Impedit the Plaintiffs have a Writ to the Bishop upon the Bishops plea after the death of the Patron bring their writ of Q. Impedit to present to the Church of N. which is voyd c. And count in right of their Fee of an advouson in grosse against W. Bishop of Lincolne I G. Kt. and R. M. Clerk issue upon the traverse of the advouson in grosse and judgment against the Bish with a cessat c. and the plea depending the patron incumbent dye the Plaintiffs pray execution of the judgment against the Bish and have it c. Ravishment de Gard. Ravishment de gard brought by the King the Kings Attorney by force of the Letters Patents under the privy seal sealed Waives his issue and saith that the Defendant is not guilty and judgment that the defendant go without day the Kings right being saved H 12. H. 7. Rot. 228. Mordant Oxon. ss the King brought his writ of Ravishment de Gard. against I. G. and A. his wife for Ravishment of Richard Son and heire of Edward Bockingham c. the defendant Pleads non cul and afterwards James Hobard attorney of the King and the Defendants come in their proper persons and the Kings Attorney Relicta verificatione c. by vertue of a certaine warrant with the signe manuall of the said Lord the King signed directed to the same James and shewed here in Court on the behalfe of the said Lord the King saith they are not guilty prout c. Therefore it is considered that the said Io. and Anne goe thereof without day c. the Kings right being reserved when at an other time therein she would speak c. Retorn Recordi Return of the Record sent to the Iustice at Lanc. to be tryed after triall in the Bench. AFterwards to wit upon Monday next after tres Pas next following the said C. came back here into Court in his proper person And Humphery C. Justice of the said Lord the King at Lanc. before whom c. sent the record and proceedings cum toto facto suo in the premisses before him at L. in the county aforesaid had in these words Afterwards on monday in quarta septimana LX. before H. C. Iustice of the Lord the King at Lanc. came aswell the within named R. R as the within named R. B. in their proper persons And hereupon the same R. prayeth a writ of the said Lord the King of ve fac here 12. Ven. fac aWarded at Lanc. c. before the said Justice at L. c. to trie the issue within written to be directed to the sheriff of the county of Lanc. which was granted him c. wherupon it was commanded to the sheriff of Lan. that he cause to come before the said Justice at Lanc. upon Tues quarta septimana XL. prox next comming 12. c. of the neighbourhood of C. by whom c. and who neither Return of the Ven. fac c. to recognize c. because aswell c. At which day here came the parties aforesaid c. in their proper persons And E. S. Knight sheriff of the said county of Lanc. returned before the Justices here to wit at L. aforesaid the writ aforesaid in all things served and executed together with the names of the jurors between the parties aforesaid impanelled annexed to the same writ which said jury being solemnly caled came not whereupon it is commanded to the said sheriff of Lanc. that he have before the said Justices here to wit at Lanc. aforesaid upon Wednesday Iury came not in dec quart Sept. 40. next coming the bodies of the said Jurors between the parties aforesaid before impaneled to make that jury the same day is given to the parties aforesaid here c. at which day of Wednesday here to wit at L.
of his County Palatine of Lancaster upon Munday in Quarta sepquadrag next coming to answer there in his plea aforesaid if c. ss BE it remembred That T. E Knight H 25 H 8 rot 121. Remissio recordi sent by the Justices of Chester into the Bench to determine a forraign voucher and at a day in the Bench the Tenants make default and the cause for that was determined Iustice of the Lord the King of Chester the twenty third of J that same Term by vertue of a writ of the Lord the King to him directed which followeth in these words Henry the eighth by the Grace of God King of England and France and Lord of Ireland to his Iustice of Chester or to the Keeper of his place there greeting Whereas T T in our Court in our County aforesaid had demanded against R. B. Esquire T.W. and P. A. one windmill one water-mill c with the Appurtenances in N as his right and inheritance and into which the same R. T.W and P. had to entrance unlesse after the Demise which R.T. Knight kinsman of the sayd T. T whose heir he is thereof made to R. S. for a Terme which is past and which after that Terme ought to revert to the said T. T. and the same R.T. and P. pleading in the same Court lately vouched thereof to warranty P.B. summoned in our County of Wilts by the ayd of our court of Chester because the same P. B. had no lands within our County of Chester aforesaid by which he could be summoned which said Warranty in our said Court of Chester for the cause aforesaid cannot be determined to the great Damage of the said T.T. and manifest hinderance of the obtaining of his Right whereupon he hath besought us to provide him a fit remedy in this behalfe We who are Debtors to exhibit Iustice to every one within our Kingdome willing to do what is just to the said T.T. in this behalfe Command you that if it be so far proceeded in our Court of Chester then the Record and proceedings therein with all things touching the same to our Iustices of the Bench under your seal you distinctly and openly send and this Writ so that they may have them at Westminster in Octab. Hil. prefixing the same day to the parties aforesaid that they may be then there to do and receive what shall be considered in our Court there in this behalfe that that warranty being determined before our said Iustices in the Common Bench the said Record and proceedings may be sent you to proceed in the plaint aforesaid as of right and according to the Law and Custome of our County of Chester is to be done witnesse our self at Westminster 6 November Anno c. 25 ANd the said Iustice sent there the Record and proceedings of the said plaint whereof mention is made in the sayd Writ annexed to the same Writ the Tenor whereof followeth in these words Pleas of the County of Chester at Chester before T. E. Knight Justice of the Lord the King upon Thursday next after the Feast of Saint Iames the Apostle Anno H. 8. post Conquest of England 25. Count in Entre ad term qui pret in the County Palatine of Chester CHester ss Thomas Torhet by H. H. his Attorney in the Court of the Lord the King here demandeth against R B. Esquire T W. and P A one wind mill c. with the appurtenances in N. as his right and inheritance and into which the same R T. W. and P. have no entrance unlesse after the demise which Robert S. Knight Kinsman of the said T T. whose heir he is thereof made to R. Scot for a Terme which is past and which after that Term ought to revert to the same T. T. whereupon he saith that the said Robert kinsman c. was seised of the Tenements aforesaid with the Appurtenances in his Demesne as of Fee in the time of peace in the time of Edward late King of England the second after the Conquest taking thereof the profits to the value c. and the same Robert being so thereof seised demised those Tenements with the Appurtenances to the said Richard Scot for a Terme which is past and from the same Robert the right descended c. to one Robert as son and heire c. and from the said Robert the son the right descended to one Thomas as son and heir c. and by many descents the right came to Iohn and from the said Iohn the right came to the said Thomas who is now Demandant as son and heir c. And which after that Terme c and thereof bringeth suit c. And the same R. B. T. W. and P. A. by T. B. their Attorney come and defend their right when c. and pray licence thereof to imparl here untill the next County to wit untill Thursday next after the Feast c next coming and have it c. The same day is given to the said T. T. here c. At which day here came as well the said T. T. by his Attorney aforesaid as the same R. B. T. W. and P. A. by their Attorney here c. and hereupon the same R. B. T. W. and P. A. vouch thereof to warrant P. B. who hath no Lands or Tenements in the County of Chester but all in the County of Wilts and prayeth that the said Peter may be summoned in the County of Wilts A forraigner vouched to warrant by ayde c. and the said T. T. well alloweth the said vouchee c. let him have it c. And because their vouchee to warrant cannot be determined in the said County of Chester day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the feast of the Translation of Saint Edw. next coming c. And in the mean time the writ of the Lord the King may be followed if c. At which day further day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the Feast of Saint Martin the Bishop next coming c. And in the mean time c. At which day a further day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the Feast c. And further the said Justice C to the Justices of the Common Bench here to wit at W aforesaid returneth That he by vertue of the writ aforesaid to him directed prefixed a day to the parties aforesaid at the said Oct. Hil. that they should be here to do and receive as that Writ in it selfe commandeth and requireth At which said Octab. Hill before the said Iustices of the Bench here to wit at Westminster aforesaid Remandment of the plaint came the same T. T. by R. Jenour his Attorney and offered himself the fourth day against the said R. B. T. W. and P. A. in the plea aforesaid and
occasion shall not be molested or in any manner greived but be thereof in quiet and dismissed at large c. T 10. Jac. rot Brownlow London Reversall for that the Defendant was the 1 and 2 time called before the Tâ—ste of the Exigent R. adds of Evans Utlawry reversed for variance between the Originall Writ and the Exigent in this that in the Writ of Exigi fac this word Gent. which is the name of the degree of the said Henry is omitted which is inserted in the Originall writ Et pro ea causa c. T 11. Jac. rot 1521. Brownlow Int. G. and P. Outlawry reversed for that the Defendant was the first and second time called before the Teste of the Exigent T 18. Eliz. rot 1529. Civit. Bristoll ss Afterwards to wit Vtlawry reversed for that the 5 County was held as appears by the returne of the writ before the Teste of the Allocat the fourteenth day of May then next following came here into the court one T. D. on the behalf of the sayd Ellen and prayeth heareing of the Writ of Allocat whereupon the Waviary aforesaid is published against the same E. and it is read unto him in these words Elizabeth by the Grace of God c. reciting the whole Writ Test 16. die Novemb. anno c. 18. And also prayeth hearing of the Returne of the said Writ and it is read to him in these words Alloc to her four Countyes c. Att our County held at the City of Bristoll in the Guildhall there 13. Ian. Anno infra script c. which being read and heard the same T. D. faith for the said Ellen That the Return of the said Writ of Allocat is insufficient in Law for that by the Return it evidently appeareth to the Justices here that the said fifth County held the same thirteenth day of Ian. Anno 18. abovesaid at which County the said E. was the fifth time called and appeared not was held Before the issuing forth of the sayd Writ of Allocat whereupon the said Writ Mich 6 7 Eliz oâ— 1971. the like siâ—e and returne upon the said Writ made by the Iustices here being fully understood it doth seem to the said Justices here that the said Returne is insufficient in Law whereby the Waviary aforesaid against the same E. in forme aforesayd published and had is altogether void and of no force nor effect in Law Therefore let no processe nor any other thing against the said E. upon the Waviary aforesaid The Sheriff amerced for ill returning of the Writ of Allocat be further made c. and the sheriffs of the sayd City of Bristoll to wit A. and B. in mercy for the insufficiency of the Return aforesaid made and they are fined by the Justices here at twenty shillings c. T 7. Iac. rot 3648. Brownlow ss Prayeth hearing of the Return of the Writ of Exigent and it is read unto him in these words A County holden at the Castle of Salop Utlary reversed for this word Meâ—m T. 13 Jac â—ot 633. c. which being read c. Onerari non because he saith that by the Returne aforesaid it appeareth not that the Countyes aforesaid in that Returne specified whereunto the said Iames was in forme aforesaid called were the Counties of the said sherif of Salop as by the Return aforesaid it ought to appear whereupon c. the Outlawry was reversed Int. Burmom and Ap-Thomas Salop T 7. Jac. rot 3647. Brownlow hereof Oyre of the retorne of the Exigent prayed at the hustings of the common Pleas in Guild-hall of the City aforesaid upon Munday next after the Feast Utlary reversed for omission of this word Tent. and for Sâ—do for being without a tittle â—r dash c. the same Henry was the second time called and appeared not which being read c. Onerare non Because he saith that by the retorne aforesaid it doth not appeare that any hustings of Common pleas were held at the Guild-Hall in the City of Herford the said Monday next after the Feast c. in the same retorne mentioned for that this materiall word Tent. in the same retorn was there omitted And also for that this word Scdo in the same retorne specified was written without any dash having no signification And for those causes and others c. pet judicium c. may be discharged from the utlawry c. And it is reversed Int. Vaughan and Masters Vtlary reversed for that the Capias was not returned M 32. and 33. Eliz. rot 131. Brownlow Midd. ss It was commanded the sheriff that he should not omit c. and here upon the said I prayeth hearing of the said writ of exigent whereupon he at the suit of the said W. is utlawed And it is read unto him in these words Elizabeth c. which being read and heard the said I. saith c. because he saith that the originall writ in the Court here in Oct. S. Mich. An. Reg. c. 30. retornable and was retorned and that upon the same writ three Writs de Capiendeum by the Court here in Mich. Terme An. Regin 30. and 31. were considered and adjudged As it appeareth in the Roll of the same Term To wit one of the said Writs de Capiend retornable in the court here in Cr. Ani. An. 30. abovesaid one other writ de capiend by the Court here in Form aforesaid considered and adjudged retornable at the said Cr. Ani. in the same Court here amongst the writs of Cr. Anim. An. 30. abovesaid in the said County of Ebor. is filed which said writ is not retorned whereupon the Justices here can in no wise certifie in Execution of the said Writ that it is indorsed As by the said Writ of Capias amongst the said Writs de Cr. Anim. in the Court here filed fully appeareth And so the said writs of alias and plures Capiend and the said Writ of Exi against the same I. afterwards considered and adjudged erroniosly and without sufficient warrant issued And for that cause he prayeth to be discharged by the Court here from the utlawry aforesaid c. whereupon the said Writ de Capiend filed in the Bench here at the said Cr. Ani. being seene it sufficiently appeareth to the Justices here upon Record that the allegation of the said I. is true therefore it is considered that the said I. by occasion of the utlawry aforesaid be not molested nor greived but goe thereof quiet c. T 16. Iac rot 3109. Brownlow between Ioanes and Griffin Vtlary reversed for infram for infranominat dua for duo utlawry reversed infrom for infra nominat and dua for duo T 16 Iac. Rot. 3114. Brownlow in t Washer and Dignbey In this that it appeareth to the Court here Vtlary reversed for the misplacing of the Sheriffs names that that writ was retorned by certaine Peter Proby and Martine Lumnly sheriffs of the City of London
that the moyety should be redelivered remayneth against the said I.N. thereof without defence Therefore it is considered that the said I. N. of the moneys received by the same I. aswell for the issues and profits of the moyetyes aforesaid as of the woods and under-woods aforesaid in the said moyety late growing by the same I. N. cut downe and sold should account with the said T. B. And also that the moyety of the Tenements aforesaid with the appurtenances should be redelivered to the said T. B. And hereupon the same T. B. prayeth a Writ of the Lord the King and of the Lady the Queen de Reliberand to the same T. B. the moyety aforesaid to the said sheriff of Warr. to be directed and it is granted him retornable in Cr. S. Martin c. Entry of a Venire facias direct d by the 〈◊〉 of the common Bench to the keeper of the Pallace of the Lord the King of West who is the warden of the Fleer to retuâ—ne a Iury of attornies of the Common Bench to inquire of all misdemeanours done in the same Court ss It was commanded the Keeper of the Pallace of the Lord the King of Westminster that he should cause to come before the Justices of the Lord the King of his Bench here the 29 day of November that same Term 12 attornies of the Court of the Common Bench here whereof every one of them should have 100 s. in lands Tenements or rent by the yeare at the least by whom the truth of the matter might be the better knowne to inquire upon theire oath of all Felonies Falsehoods rasures and deceits whatsoever in the court of the Lord the King here done or committed c. At which day W. B. Esquire keeper of the pallace aforesaid retorneth here a certaine Paunell with the names of the Jurors c. 16. of whom to wit W. K. c. are elected and sworne to inquire of and upon the premisses whreupon further day is given to them by the Court here to inquire of and upon the premisses here untill Cr. Pur. At which day here came the said Jurors And hereupon for certaine causes the Court here moving further day is given them by the court here to inquire of and upon the premisses untill tres Sept. Pas At which day here came the Jurors aforesaid who say upon their oath that whereas otherwise to wit in the Term of S Hillary An. Rs. nunc 17. before Io. Br. Knight and his associats then Justices of the Lord the King of the Common bench at Westminster one 1. Allen Knight prosecuted a certaine account of debt against Robert Hodgson late of Presentment made by the inquest of the attornies c. Gent upon demand of 20 l. And the same R. in the said Court by R Swinlow his attorney appearing in the defence by him made saith nothing in Bar of preclusion of the action of the said I. A. aforesaid for which it was then considered there that the same I. should recover against the said R. his debt aforesaid and his damages by occasion of the detayning of that debt as it appeareth in the same Term rot 325. and the same R. afterwards for that cause was put into the Hustings of London to be utlawed and for that cause afterwards was utlawed as it doth appeare in Trinity Term An. Rs. nunc 18. rot 260. and afterwards to wit 12. November An Rs. nunc 21 at Westminster in the county of Midd. in the Tresure-house there whereunto the records of the Lord the K. belong to the Common Bench under the custody of Geo. Roll Clearke of the Tresury aforesaid were kept these words or sayings to wit Wassan and Sinhowe by the procurement of the said Ro. Hodgson were rased to the intention to vacat and altogether to make null the utlawry aforesaid and of the same word or saying called Wassand was made warrand and of the same word or saying of the name of the attorney of the said Robert Hodgson called Swinhow the letter H. at the end of the same Writ was cased and abstracted and the letter H. was made the letter B. so that the name of his attorney on the plaint aforesaid by the procurement of the said Ro. Hodgson by reason of the said rasure now is Swinbowe in contempt of the Lord the King but who or whom rased that record the Jurors hithrto are altogether ignorant and hereupon the Jurors aforesaid have further day to inquire of and upon the premisses to wit untill the feast of St Iohn Baptist then next following c. At which day here came the Jury aforesaid and upon this day is further given to the Jury aforesaid to inquire of and upon the premisses here untill 15. Mich. then next following c. Withernam P 44. Eliz. rot 1201. ss It was commanded the sheriff Entry of pledges of new after withernam and warding of second deliverance and awarding of a writ ad Deliberan averia capt in Withernam upon an nonsuit beore appearance whereas W. H. bad been summoned to be in the Court of the Lady the Queene here to wit at Westminster to answer I K of a plea wherefore he took a certaine Oxe of the said I. and him unjustly detayned against sureties and pledges c. The same I. afterwards in the same Court of the Lady the Queen here to wit at Westminster made default by which it was considered in the same court of the said Lady the Qu. here that the same I and his pledges of prosecuting should be thereof in mercy And that the same W. should goe thereof without day and that he should have retorne of his Oxe aforesaid whereupon it was commanded to the same sheriff 30 H 8 Dier so 41. Pl 4 and fo 59. Pl 14 Pasch 27 Eliz rot 1134 entry of a w it of Capias in withernam in like case H. 19 7 rot 401. like entry P 44 Eliz. rot 1935 inter L and P and others that without delay he should make retorne of the said Oxe to the same W. And should not deliver him at the complaint of the said I. without a Writ of the said Lady the Queen that of the said judgment should make expresse mention And in asmuch c. he should make appare here in Cr. Pur. last past And the same sheriff to the Justices of the said Lord the King here at this day retorned that before the comming of the Writ aforesaid the said Oxe was inlarged by the same J. to places altogether to him unknown so that he could not make retorne of the Oxe aforesaid to the said W as by the said Writ to him is was commanded Therefore c. that of the cattle of the same I. to the value of the Oxe aforesaid before taken he should take in Withernam and should deliver them to the said W. to hold to him untill the Oxe aforesaid before taken could be retorned And that he should put by Sureties and
Sure pledges the said I. that he should be here at this day to vvit A die Pas in un mensem to ansvver asvvell the said Lady the Queen of the contempt as to the said W. of the Damages and injuries to him in this behalfe done c. And novv here at this day came asvvell the same I. by I. P. his attorney as the same W. by P. K. his attorney and the sheriff to vvit H V Esquire novv retorneth that he by vertue of the Writ aforesaid to him directed took in Withernam three Covvs of the goods cattles of the said I And caused them to be delivered to the said W to hold to him untill the Oxe aforesaid before taken might be retorned And that the said I vvas attached by his cattles to the value of 12 d. And hereupon the same I prayeth to be admitted to make a fine vvith the said Lady the Queen by occasion of the premisses And is admitted c. and is fined by the Justices here to 3 s. 4 d. vvhich by the command of the Justicas here he paid to R. B. Esquire cheife Prothonotary of the Court of the Common bench of the said Lady the Queen here for necessary reparations of the Court here don and to be don Note that it is a better form to award the writ of 2 Deliverance after the Recognizance Fit Na br fo 72 D Therefore the same I. may goe thereof vvithout day c. or quiet c And hereupon the same I. by the statute c. prayeth a Writ of the Lady the Queen de secund delib And it is granted him retornable here in Cr. S Trin. and also the same I. in the said Court here found pledges of nevv as vvell to prosecute his claime as to retorn to the same W the Oxe aforesaid before taken or the price of the same cattle if retorne thereof be adjudged to vvit I P of c under the penalty of the said I K. 20 l. and I. G. of c. under the penalty of the same I P and I G of 40 l. c. vvhereupon the sheriff vvas commanded that vvithout delay he make deliverance to the same I of the cattle aforesaid taken in Withernam Note that divers prefidents mentioned the writ at large And in asmuch c he make to appeare here at the said Cr. S. Trin. c. and that he should put by sureties and safe pledges the said W. that he should be here at this day or the said Term to ansvver to the same I. of the taking of the Cattle aforesaid before taken c. The like in Hill 12. Ja. rot T 9 Iac rot 11 Brownlow in t Smith and al Mich 16 Ia rot 505 Mich 34 and 34 Eliz rot 617. after entry of the pledges c. thus after wards to Wit at the said Cr Trin. came the said I by his attorney aforesaid and by the statute c. prayeth a writ second deliverance c. 2280 Brownlow between Wenworth and Wilton See Mich 10. Jac rot 393. or 2393. between Loueday and White like pledges c. Note that in this case the Plaintiff prayeth that the defendants attorney present in Court might gage to him deliverance of the cattle taken in Withernam And Serieant Pelham mooved the Court Gage deliverance prayed denyed that the course was such and shewed a president in Hill 15. Eliz rot 708 where a demurrer was upon the like point and was adjudged that the Attorny should gage deliverance for his Clyent and also he vouched the authority but notwithstanding that the court held such course to be very inconvenient for the attorneys and there upon adjudged that a Writ should issue out to the sheriffs to deliver the cattle taken in Withernam as in this president which note ALso at the said Cr. Nota Trin the sheriff retorned that the Cattle taken in Withernam were inlarged Testar Capias in Withernam and moreover that he to whom they were delivered had nothing in the County And in truth they were eloyned in an other County and hereupon a testat br awarded in the other County where the cattle were eloyned ANd also that Justice Glanvill said that he who shall have Cattle in Withernam cannot sell them or kill them Mich 11 Eliz Dyer fo 280 Pl accord as he who hath Cattle irreplegiable and in that case an Action of trover well lyes after tender of satisfaction in Court which note but inquire M 36. and 37. Eliz. rot 2640. Brownlow An entry as in the president before the entry of the pledges de novo at the end of the recognizances And hereupon the same T. prayeth that the said W may gage to him deliverance of the cattle aforesaid taken in Withernam in Forme aforesaid which said W. to gage deliverance of the same Cattles in forme aforesaid taken in Withernam here in Court refused Therefore it is commanded to the sheriff of Devo that those cattle taken in Withernam in Form aforesaid without delay he cause to be delivered to the same T. and what c. The sheriff make appeare here c.. in Oct. Hill c. P 11. Jac. rot 2446. VValter Sommerset Int. P. and P. such an entry after Cap. in VVithernam entred and pledges found if retorne thereof should be adjudged to wit W. R. and H. W. Subpoena 10 l. which the same W. and H have acknowledged and both of them do acknowledg to be made of their Goods and Chattles to the use behoof of the avowant to belevied If it shal happen the said R. not to make deliverance of the Cattle aforesaid before taken in forme as aforesaid Or not to satisfie the said I. of the price of the cattle and hereupon the same K. prayeth deliverance of the said cattle taken in Withernam as is aforesaid to her to be adjudged c and because the said I. was solemnly called to gage deliverance and came not therefore it is considered that the said K. may have returne of the Cattle aforesaid taken in Withernam therefore it is commanded to the said sheriff that the cattle aforesaid by him taken in VVithernam without delay he cause to be delivered to the said K. and in asmuch c. the sheriff make to appeare here in Cr. Trin. c. THE TABLE Abatement ABatement pleaded to a Scire fac against an administrator for that the administration was by two and but one named in the Scire fac fo 1. Admission Admittance to a fine after a Cepi Corpus returned upon a Capias pro fine ib. Admittance to a Fine after Averia elongat returned in a retorn habend ib. Admission of the third Prothonotary to his Office fo 3. Admission of the second Prothonotary to his Office ib. Accedas ad cur Accedas ad cur entred to remove a cause out of the court Baron c. And a Procedendo granted c. for the insufficiency of the cause shewne fo