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
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
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 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
been held And this they are ready to verifie whereupon c. T 8. Iac. rot 4640. which being read and heard onerari non Vtlary reversed for omitting the second exact between the first and third because he saith that by the retorne aforesaid it evidently appeareth that the said R. was never the second time called upon the said Writ of Exi fac so that the utlawry aforesaid against the said Ric. the second calling of him the said R. upon the Writ aforesaid being omitted was published and had so that the utlawry aforesaid against him the said R. so published and had is void and this c. The utlawrie is reversed Januaii for Januarii Vtlary reversed for omitting the return of the Plu. cap. in the close of the Exigent H 22. Iacobi rot 1404. Ianuaii for Ianuarii H. 7. Iac. rot 3503 utlawry reversed for omitting the retorn of the plu cap. in the close of the Exigent P 10. H. 4. rot 337. One renders himselfe prisoner to the Fleet upon an utlawry And because it appeareth that the exigent was not entred upon record in any other Terme he is discharged of the utlawry and set at large Norff. I. at the suit of D. Veiwe Entry of a writ of view in Formedon in discender and a quashment of the same for a speedier returne thereof then by Law it ought TRin. 8. Iac. roll 485. Wolastone City of Yorke ss It was commanded the sheriffs that without delay they should cause to be had to the Gardian searcher or master of the Scoole and Elemosinary poore of the Hospitall of S. Iohn the Baptist in K. R. the view of one Mesuage with the appurtenances in the parish of Arpon the pavement which William Lister in the court here claimeth against them as his right by writ of the Lord the King de forma donationis in discendere and that it should be said to 4. Knights who should be present at that view That they should be here at this day to wit in Cr. Trin. to testifie the said view And that they should have here the names of the Knights and that writ and now here at this day came aswell the said W. L as the Gardian c. by their attorneys aforesaid and upon this Writ of view is quashed because it appeareth here that the said writ is vitious to wit in this that it issued forth retornable here on the said morrow of the holy Trinity where it ought by due course of Law to have beene made retornable here tres Trin. because the plea aforesaid had his last continuance untill Oct. Pur. Beat. Mariae last past Therefore at the petition of the demandant A new writ of view awarded and by the consent of the attorny of the said Guardion c. let another writ thereupon be made in Form as aforesaid retornable here in Cr. Anim. And in the meane while c. at which day here came the parties c. by their attornies and the sheriff sent not the Writ Therefore let another Writ thereof be made in Form aforesaid retornable here tres Pas the same day is given to the same W. L here c. TRin. 11. Iac. roll 3388. Goldesburgh Ebor. ss The sheriff was commanded that he should attach William Denton so that he might have him here at such a day to answer W. H. Gent. one of the attornies Entry of a baile taken upon an attachment of Priviledge in an action of debt c. according to the liberties and priviledges c. of a plea of debt c. and now here at this day came aswell the said W. H. in his proper person as the said W. D. in his proper person under the custody of the sheriff of the county aforesaid by vertue of the Writ aforesaid here brought to the bar And hereupon such a day that same Term before Peter W. Knight one of the Justices of the said Lord the King c. at his chamber in Chancery-lane London came the said W. D. in his proper person under the custody of the sheriff of the county aforesaid And hereupon one R. W. of Cliffords Inne London being present in his proper person before the said Justices undertooke for the said W. D. H 8. b. 8 rot 1. an appearance entred upon an attachment upon an information in the summe of 20 l. and the said William D. assumed for him selfe in the summe of 40 l. to have the body of the said W. D. here in court from day to day at every day of pleading untill the plea be determined and judgment be thereupon given and also if it happen judgment in the same plea to be adjudged for the same W. Hamp against the said W. Denton would satisfie or render his body in execution to the prison of the said Lord the King of the Eleet upon that judgment which said sum of 20 l. the said R. acknowledged to be made out of his lands and chattles and which said summe of 40 l. the said Will. Denton acknowledged Recognizance enrolled c. as in others which said recognizance the said Justice with his owne hands delivered here in Court that same Terme to be inroled upon record T 28. H. 8. rot 328. View View was granted in a Writ de consuetudinibus and Servitiis M 2. and 3. P and M. rot 315. Norff. ss Alias writ of view awarded where the Sheriff retu ned upon the first writ of view that none of the Demandants would shew him the lands It was commanded the sheriff that justly c. he cause to be had to T. K. Knight the view of the mannors of B. B with the appurtenances which Geo. O. Esq in the Court of the Lord the King and the Lady the Queen here claymeth against him by Writ of the said Lady the Queene de ingru in le per And that he should say to 4. Knights who would be present at that view that they should be here at this day to wit tres Mich. to testifie the said view And now here at this day came aswell the said G. by I. C. his attorney as the said T. by P. P. his attorney And the sheriff to wit I. S now retorneth that none on the part of the said demandant came to shew the said sheriff the Mannors aforesaid and for that default he could by no meanes execute the execution and command of that Writ As that Writ in it selfe doth exact and require Therefore as before let the said Thomas have view of the Mannors aforesaid with the appurtenances the same day is given aswell to the said George as to the said Thomas here c. in Cr. Pur. and in the meane time c. THat the view ought to be examined in an assize and Wast and that there ought to be 6. Nota. Recognitors to have the veiw and that 4. of them be hundreders c. Venire Facias P 3. and 4. P. and M. rot 126. Whotly
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
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.
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
Sancti Tri. then next following Adjâ—uâ—ment of the Terme to answer as well to the said Lady the Queen of the contempt c. as to the said M. of Damages and injuries to her in this behalfe done before which said Octob. S. Trin. the plaint aforesaid was adjourned by writ of the said Lady the Queen De C. adjornamento from the said Castle of Herford unto Westminster aforesaid Plaintiff and Defendants appear by Attornyes And now here to wit at Westminster aforesaid at the same day to wit at the said 8. S. Trin. came as well the said M. by T. H. her Attorney as the said E. and W. by L. S. their Attorney and hereupon the said M. declaring against the said E. and W. in the plaint aforesayd complaineth that the said E. and W. the twenty fourth day of June Anno 4. Eliz at O in a certaine place called B took the said Oxe of the said M. price eight pounds Count in replevin for cattell and the value c. and that the Defendant may gage deliverance and him unjustly detained against sureties and pledges c. whereupon she said that c. damages twenty pounds and thereupon bringeth suit c. and prayeth that the said E. and W. may gage deliverance of the Oxe aforesaid and the sayd E. and W. pray license to imparle here untill 8 Mich. and have it c. the same day is given to the said M. here c. And now here at this day to wit 8 Mich. came as well the said M as the said E and VV. by their Attornyes aforesaid Nil dicit A writ to enquire of damages for taking the oxe awarded Quere if it ought not to be also of the value c. and nothing in Bar or preclusion of the Action c. as in others untill without defence for which the said M her Damages by occasion of the taking and unjust detaining of the Oxe aforesaid against the said E. and VV. ought to recover but because it is not known what Damages the sayd M. sustained by occasion of the taking and unjust detaining of the Oxe aforesaid the Sheriff is commanded that by the oath of honest and lawfull men of the County aforesaid he diligently enquire what Damages the said M. sustained as well by occasion of the premisses as for her costs and charges by her about her suit in this behalfe layd out and the Inquisition which c. The Sheriff make appear here in 8 Hill under his seal and seales c. Entry of a plur repleg A. B. in homine repleg the Sheriff returneth that A is enlarged c. and a. Capias in Withernam of the body of the avowant awarded see F N B fol. 68. agreeth M 32 H. 8. rot 319. Essex ss The Sheriff was commanded as more times that he should replevy A. B. Spinster who E. L. took and taken kept c. or that the same Sheriff should be here at this day to wit in Cro. Ani. to shew wherefore he could not execute the commands of the Lord the King to him so often therein directed at which day the sheriff to wit I. D. Esquire returned that the same A. was enlarged to places to him unknown so that he could not replevy her according to the Tenors of the commands to him therein directed Therefore the Sheriff is commanded that he take the body of E. in Withernam and cause him safely and securely to be kept untill the same A. in forme aforesaid taken may be replevied and if the same Sheriff can replevy the same A. that then the same A shall secure the same sheriff to prosecute her plaint by return of her body if return thereof shall be adjudged then the same sheriff put by sureties and safe pledges the same E. that he be here 15. Hillarii to answer to the said A. of the taking and unjust detaining of the same A and as well to the Lord the King of the contempt as to the said A. of the Damages and Injuries to her in this behalfe offered and in as much c. the same sheriff should make appeare here at the same Terme c M 7 and 8 Eliz. rot 1729. Fylmer London ss Entry of a writ of plur Repl. See M. 7 8 El. rot 245 pl. 67. Dyer this case reported H 12 H 6 rot 316. It was commanded the sheriffs whereas of late more times the Lord the King had commanded the same sheriffs that justly and without delay they should cause to be replevied to William Hurst all the goods and chattells which Richard Millers Knight N.W. and I.S. took and unjustly detained or would signifie the cause to the said Lady the Queene wherefore they would not execute her command otherwise to the same sheriffs therein directed or that they could not and the same sheriffs contemning the commands of the said Lady the Queen to the same William have not replevied his goods and chattells aforesaid or at leastwise hitherto have not regarded to signifie to the said Lady the Queene the cause wherefore they would not or could not do the same in manifest contempt of the said Lady the Queen now and her commands aforesaid and the immoderate Damage and greivance of the said William wherewith the Lady the Queen is very much injured and moved Return thereof Custome of the City of Lond. that when any goods are distrained within the City that they ought to be reâ—levied by plaint within the city before the sheriffs to be levied and not by a writ issuing out of the Chancery Note Dyer fol. 246. That before the statute of Marlebridge cap 21. The Sheriffs by the common Law could not make replevy without a writ that Returne is not made to the said W. of his goods and chattells aforesaid according to the Tenor of the commands of the said Lady the Queen before to them therein directed therefore let the same sheriffs be here at this day to wit in C. A. to shew wherefore they have contemned to execute the commands of the said Lady the Queen so often to them therein directed And now here at this day came the sayd W.H. by T. H. his Attorney and the sheriffs to wit I.R. and I.H. to the Justices here have certified That any Writ of the Lady the Queen to replevy any goods or chattells to the same W.H. besides the Writ aforesaid to the same sheriff or either of them was not delivered and that the City of London is and from the time whereof the memory of man is not to the contrary was an ancient City and that within the same City is had and from the time whereof the memory of man is not to the contrary was had accustomed used and approved that whensoever any Cattell goods or chattells by the Law of the Land were replevyable within any place of the City aforesaid or liberties thereof were taken that then all such cattell goods and chattells ought and were accustomed by
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.
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
further of our more abundant and speciall grace certain knowledge and meer motion and for the laudible service to us and our dear Sister the Lady Eliz. late Queen of England And also for all things to the republique heretofore in the Administration of justice performed for us our heires and successors we give and grant to you the said George K. one Annuity or annuall Rent of a hundred pounds of lawfull monie of England yearly to you the said George Kingesmill and your Assignes for and during the naturall life of you the said George Kingesmill to be paid at the receit of our Exchequer our Heirs and Successors by the hands of our Treasurer and Chamberlain and of our Heirs and Successors for the time being out of our Treasury in the hands of our Heirs or Successors from time to time hapning to be at the four Feasts c. by equall portions yearly to be paid during the naturall life of you the said George K. Wherefore we will and by these Presents firmly enjoyning we command as well to our T. C C. and Barons of our Exchequer our Heirs and Successors for the time being as to all and singular other our Officers and Ministers and all our Heirs and Successors whatsoever for the time being to whom it shall belong in this behalf that they and every of them upon the sole demonstration of these our Letters Patents or the Inrolement of them without any Writ or Warrant from us our Heirs or Successors to be prosecuted or obtained the said Annuity of a hundred pounds by the year to the said E. K. and his Assignes they should pay and deliver in form as abovesaid or should cause to be paid and delivered And that these our Letters Pattents or the Inrolement of them shall be as well to the said Treasurer C â— and Barons of our Exchequer aforesaid and of our Heirs and Assignes As to all and singular other our Officers and Ministers our Heirs and Successors whatsoever for the time being to whom in this behalf it shall belong a sufficient Warrant in this behalf for that no expresse mention of the true yearly value or of the certainty of the Premisses or of any of them or of any other Gift or Grants by us or any of our Progenitors to the said George Kingesmell before these times made in these Presents be not made or any Statute or Ordinance Provision Proclamation or Restriction to the contrary thereof before now be had made done ordained or provided or any other thing cause or matter whatsoever in any thing notwithstanding in Testimony c. Amercement The Sheriff amerced for making of an insufficient return upon a Writ in wast M. 19. H. 8. Rot. 260. At which day here came the said Elizabeth by her Attorney aforesaid whereupon the Premisses being seen and by the Justices here sully understood It seemeth to the Justices here that the return of the Writ aforesaid is insufficient in Law for that in the same return no mention is made that the said Sheriff in his proper person came to the places aforesaid wasted Therefore the same Sheriff to wit H. A. Esquire in mercy And he is fined by the Justices here at twenty shillings And as before let another Writ be made thereof to the said Sheriff in form aforesaid returnable here in 8. S. Trinitatis c. The Sheriff is amerced for not returning of a Capias utlagat E. 12. Iac. Rot. 2243. ss Edw. R. Esquire Sheriff of the County aforesaid for that he returned not here into the Court a certain Writ of Capias utlagat against P. P. at the Suit of T. T. in a plea of Debt returnable before the Justices of the said Lord the King here 1. die c. that same term in mercy and is fined by the Justices here at ten pounds The Sheriff amerced for not returning of a Cap. sat after severall daies given him by the Court. ss I. P. Esquire for that that at severall daies to him given by the Court here he returned not the Writ of the Lord the King of Capias ad satisfaciendum for forty pounds for debt and sixty pounds for damages to the same Sheriff directed to satisfie M.T. Knight Plaintiff against E. D. of c. Gent. returnable here Mense Mich. that same term in mercy And is fined by the Justices here at a hundred and three pounds six shillings eight pence c. The Marshall of â—he Court of Common Bâ—nch foâ— that he attended not up on the Iudge upon the Ess in day is fined twenty pounds M. 10. Eliz. Kot primo Whoteley ss It is considered by the Court for that that Andrew Billesly Marshall of the Court aforesaid kept not the day of Essoynes here in Court S. Trinitatis that same term nor attended upon Humphrey Brown Knight oâ—â— of the Justices of the Lady the Queen of the Bench here then at that day being for the receiving of the four Essoynes of the same Cro. S. Trinitatis And also further because those things which appertained to his Office of Marshall in that behalf were not done Therefore the same Andrew in mercy and is fined by the Justices at twenty pounds Appearance LOndon ss It was commanded the Sheriffs Entry of an appearance upon an attachment of priviledge in discharge of an Obligation made to the Sheriff for his appearance and baile in Court to the Action T. 3. Car. Reg. rot 2002. H. 19. Jac. rot 1. c. Brownlow the like E. t y of the appearance that they should attach T. F. so that they might have him here at this day to wit upon Saturday next after the morrow of the holy Trinity to answer I. C. one of the Attorneys of the Court of Common Bench of the Lady the Queen here according to the liberties and priviledges of the same Court for such Attorneys and other Ministers of the same Bench from the time whereof no memory is extant used and approved in the same in a plea of Trespasse And the Sheriff now returneth that he is attached And now here at this day came the said T. in his proper person and saith that he and divers other persons of his friends at his request who are bound by their writing obligatory to the said Sheriffs of London in a great summ of monie that he should personally appear here this day to answer to the said I. in the plea aforesaid And as well for his indempnity as for his security aforesaid prayeth that his appearance by the Justices here at this day may be recorded c. whereupon the appearance of the said T. at this day is recorded c. And hereupon came here into the Court certain N. F. of c. and W. S. of c. and undertook and both of them undertook in the summ of a hundred pounds for the same T. and the same T. being likewise present in Court in his proper person Entry of the Recoâ—nizance upon the
Court having taken their oath were examined by the said Court here whether they were conscious or consenting to the rasure and alteration of the said Writ and to the taking and arrest aforesaid who sayd that not and the same Executors being conferred with by the Court here that they would have done against the said T T in this behalf or require who say that if the said T T by vertue of the Writ aforesaid here shewed in Court or by vertue of the judgment aforesaid against the same T here remaining upon record and to the Justices here in Court shewed The Justices will advise ought to remain in execution for the debt and damages aforesaid by the Law of the Land then the same Executors prayeth Execution against the same T T and that he may be committed to the prison of the Fleet for the said debt and damages and hereupon it is said to the said Executors by the Justices here that the same Justices wil advise themselves at another day therein for that not as yet c. And aftrwards to wit the fourteenth day of November then next following all which premisses aforesaid with their circumstances The writ is received and filed and the Defendant at the prayer of the plain iffs is committed in execution The Delinquents come to the Barr and pray to be discharged and are discharged One makes a fine before he be discharged Admitted to his fine at a hundred shillings by pledges The Sheriffs are fined at ten l. The Prothonotary of the Bench payes the fine by him received of the party for a misdemeanour to the barons of the Exchequer by the commandement of the Justices of the Bench. by the same Justices here being fully examined seen and understood upon great diligent advisement and consultation by the Court here in that behalf before had the Writ aforesaid by the Court here is received and filed and the same T T at the petition of the said Executors for the debt and damaâ—es aforesaid by the same Court here is committed to the prison aforesaid there to remain untill c. And afterwards to wit the sixteenth day of November then next following came the same I F. S T and W Y in their proper persons brought here to the barr by the Keeper of the prison aforesaid and pray that they may be delivered from the prison aforesaid c. Whereupon the same S. F. and W. by the Court here by occasion of the premisses out of the prison aforesaid are discharged and set at liberty and it is said to the Court here that the same I F that he should make a Fine with the said Lady the Queen by occasion of the premisses before he should be delivered out of the prison aforesaid and hereupon the same I prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the premisses and is admitted at a hundred shillings by pledge therefore the same I go therein quiet c. And that he should be delivered and discharged from prison to go at large c. And afterwards to wit the same sixteenth day of November came here into Court the said W. and E. I. late Sheriff of the County of Middlesex in their proper persons and pray themselves to be admitted to make a fine with the said Lady the Queen by occasion of the premisses and are admitted for ten pounds paid into the Court here by the hands of the said H. M. late under-sheriff of the said late Sheriff to the said R. L. to the use of the said Lady the Queen which said ten pounds the same R. L. the eight and twentieth day of November then next following by the command of the Justices aforesaid before the Barons of the said Lady the Queen of her Exchequer in full Court there brought and by the command of the same Barons paid it to one I. H. to the use of the said Lady the Queen therefore as well the said I. D. as the same E. I. and the said Humphry M. as the said Richard Love of the said ten pounds are quiet c. Entry of a Habeas corpus and commitment of a prisoner to the Fleet in execution in the Terme time at the cheif Iustice his chamber the writ bore teste 4 July 1â— Jac. And note that the Term ended 5 July 18 Jac. and the party was committed to the Fleet in the Term from the Judges Chamber in Serjeants Inn in the afternoon and the Iudge delivered the Commitment to be inrolled the next day being the last day of the term T 18 Jac rot 3060 Brownlow London ss It was commanded the Sheriffs of London that they should have the body of Leonard Bawtry Serjeant at Law by whatsoever name reputed in the prison of the Lord the King under the custody of the same Sheriffs together with the day and cause of his taking and detaining before H H Knight and Baronet cheif Justice of the said Lord the King of the Common Bench at his chamber scituate in Serjeants Inn in F street L T. 17. Jac. rot 3094. 3279. 3270. 2871. 2000. 2170 T 24 Eliz. rot 2142. the like immediatly after the receiving of this Writ that the same Cheif Justice seeing the cause aforesaid may do in that behalfe what of right according to the Law and Custome of the Realm of the Lord the King of England and the liberties and priviedges thereof ought to be done and that they should have then there that Writ afterwards to wit the fifth day of July Anno Reg. c. 18. immediatly after the receiving of the said Writ before the same cheif Justice at his chamber aforesaid came the same Leonard in his proper person under the custody of R. D. and I. C. Sheriffs of the City aforesaid and the same Sheriffs to the said cheife Justice then and there returned that the execution of the said Writ did appear in a certain Schedule annexed to the said Writ the Tenor of which said Schedule followeth in these words London ss We R.D. and I. C Sheriffs of the City of London do certifie to H. H. Knight and Baronet Cheif Justce c. that before the comming of the said Writ annexed to the Schedule to wit Return of the causes by the Sheriffs the fourth day of July Anno c. 18. Leornard B. Serjeant at Law in the same writ named was taken in the City aforesaid and kept in the prison of the said Lord the King under the custody of us the said Sheriffs by virtue of a Writ of the said Lord the King directed the Tenor whereof followeth in these words James c. To the Sheriffs of London greeting Attach Leonard B. one of the Serjeants at Law otherwise called L. B. of Boston in the County of Lincolne Serjeant at Law otherwise called L. B. De Boston in Com. Lincoln ob ad legem so that you may have him before our Iustices at Westminster on wednesday next
aforesaid or any parcell thereof he could cause to be made Therefore it is commanded to the Reverend Father in Christ John by Divine Providence Bishop of Norwich and Ordinary of that place that of the goods Ecclesiasticall of the sayd Edward within his Diocesse he cause to be made the Debt and Damages aforesayd and that he have those monyes here in Octob. S. Mich. to render to the sayd T. for his debt and damages aforesaid c. Entry of a Writ of fieri facias de bonis testatoris the Sheriff returned that the parcell of the debt is leviâ—d De bonis testat and as to the residue that the Executor had wasted c. and that he had made the damages De bonis propriis and execution awarded De bonis propriis for the goods wasted PAsch 12. Jac. rot 2167 Norff ss It was commanded the Sheriff that of the goods and chattells which were of I. B. late called I. B. of W. in the County of N. Yeoman in the hands of Joan B. of F. in the County aforesaid Widow Executrix of the Testament of the same John in your Bailiwick he should cause to be made as well a certain debt of an hundred pounds which F D. in the Court of the King here to wit at Westminster recovered against him as two pound six shillings eight pence which to the same F. in the same Court of the King here were adjudged for his Damages which he had by occasion of detaining of that Debt if the same Joan had so much Goods and Chattells which were of the sayd John at the time of his Death in her hands to be administred and if she had not then the damages aforesaid of the proper goods and chattells of the same Ioan to be levied and that he should have those monyes here at this day to wit 15 Pasch to render to the same F. for his debt and Damages aforesaid whereof he is convicted And now here at this day came the same Francis B. by S. L. his Attorney and the Sheriff to wit Iames Calthrop Knight now returneth that after the death of the same I. B. and before the coming of the said Writ the goods and chattells which were of the said J at the time of his death to the value of fifty eight pounds four shillings and two pence came to the hands of the same Joan after the death of the same I. B. to be administred of wh ch sayd goods and chattells twenty seven pounds eight shillings and two pence of the debt aforesaid he caused to be made according to the Exigency of the same Writ Devasta vit and that the same Joane before the coming of the sayd Writ wasted the residue of the goods and chattells aforesaid and converted to her own use so that the residue of the sayd Debt or Damages aforesaid of the same goods or chattells he could not cause to be made but that of the proper goods and chattells of the same Joane by vertue of the Writ aforesaid he cause to be made the Damages aforesaid and those monies together with the twenty seven pounds eight shillings and two pence of the goods and chattells of the sayd John as aforesaid levied before the Justices here at this day to render to the same Francis according to the Exigency of that Writ he had ready T. 14. H. 6. rot 318. A Devastavit returned and thereupon an Elegit is awarded as by the same Writ to him it was commanded c. Therefore it is considered that the same Francis have Execution against the same Joan for the residue of the said fifty eight pounds four shillings two pence by the same Joan as aforesaid wasted of the proper goods and chattells of the same Joan c. H 19 H 6 rot 134 Brownlow London ss An entry of a speciall fi fac de bonis testatoris H. 9. H. 6. fol. 87. pl. 2. Fitz. Executors pl. 7. this Writ awarded and by the Court The judgment in this case was entred T. 8 H 6 rot 102 See the old book of entries fol 326 title Execution against Executoâ—s pl. 8 scire facias brought against two Administrators after a Devastavit to have Execution De terris catallis propriâ—s P 9 H 6 fol 9 Fitz Executors 9 M 11 H 6 fol 8 pl. 12. An Action of Debt brought against the administrators and suggests that hee had wasted the goods c. 3 H 6 fol 148 P 11 H 6 fol 351. 12 E 3 Fitz Executors pl 73 and pl 85. Old Book of Entries fol 326 title Execution against Executors pl. 8. See Fitz return De viscount pl. 9 H. 6 H 9 fol 57 that such a return is not good M 5 Car rot 874 the like for Rivers against the Sheriff of Castle maine It was commanded the Sheriffs that of the goods and chattells which were of R. S. late Citizen and Cloth worker of London being in your Bailiwick in the hands of John Leweter of London Gent. R. B. of London Draper B. H. of London Draper and Allice who was the wife of R S. late Citizen and Clothier of London Administrators of the goods and chattells which were of R. S. late Citizen and Clothier of London who dyed Intestate c. yet should cause to be made forty pounds which William Andrewes Citizen and Poulterer of London in the Court of the King here recovered against the said Administrators of the goods of the said Richard being in the hands of the said Administrators to be levied and of the proper Lands and Chattells of the said Administrators nine markes which to the said William in the same Court of the King here were adjudged for his Damages which he had by occasion of the detaining of that Debt and that they should have them here at this day to wit in 8. S. Hil. to answer to the said William of his Debt and Damages aforesaid whereof they are convicted And now cometh the said William by W. B. his attorney and the sheriffs now returne that from the coming of the writ aforesaid untill the day of the retorn of the same no goods or chattles which were of the said R. S. at the time of his death in their Bayliwick in the hands of the said Administrators were or are whereof the said 40 l. or any monies thereof they could cause to be made as by lawfull waies and meanes which they knew or better thereof could know to them at the present can appeare to be made Notwithstanding they have made of the proper Lands and Chattles of the said Administrators the 9. Marks aforesaid which they have ready here at this day which said nine Marks are delivered to the said W. Therefore aswell the said sheriffs as the said administrators are thereof quiet And because the retorne aforesaid as to the said 40 l. is reputed insufficient and conceived to be made in delay of the execution of the recovery aforesaid And in the Kings Court here on
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 Court here made that the same Iohn who otherwise to wit the second day of August Ano. 3. R. nunc before Iames Story Lon. and Robert Cotton Esquires by vertue of a certaine writ of the Lord the King de Dedmi Potestatem to them and certaine Thomas Hutchison and Robert Smith Esquries directed to give power to three or two of them to take the acknowledgment which the same Iohn before the said I. S. K. C. T. H. and R. S. three or two of them would make upon which said writ of covenant depending before the Justices of the said Lord the King of the Common Bench between certain Tho. Fortesceu Esq and Io. Slany and the same Io. Zouch of the Mannor of Alfreton ali Awfreton with the appurt and of 120. Mes 100. Cottages 500 tofts 4 Mils c. with the appurt in A. otherwse A.S. otherwise S. S. otherwise S. c. And also of the profits of the markets and Faires and Toll in A. otherwise A. in the same County of Derb. acknowledged the Mannor Tenements Rents and Profits aforesaid to be the right of the same Thom. and the same remised and quit claimed from him and his heires to the same Thomas and Iohn Slany and the Heires of the same Thomas for ever at the time of that acknowledgment upon thâ— writ aforesaid was and yet is within the age of one and twenty years Therefore it is considered by the court here _____ of May that same Terme that the acknowledgment aforesaid by the same Io. Zouche before I. S. and Rob. Cotton made is void and of no Force in Law and that as well the said Writ of Covenant as the said writ of Dedimus Potestatem are quashed and adnulled and in the Files of the writs of this Court are not to be received or Filed nor that any record be made thereof in the court here Brev. de Gardiano admittendo H 10. J. Rot. 2002. Brownlow ss Entry of a Writ De gardiano admittend in a Writ of Partition M 22 Jac Rot 554. the like in debt T 33 Eliz Ro 1556. like in Dower Int. S. G. The King sent to the Justices here his Writ closed in these words James by the grace of God of England c. To his Justices of the Bench Greeting Know ye that we have admitted Nicholas S. Gent. the Gardian of Mary B. and Grace B. Daughters and heires of Richard Barret Esq being within age as is said to prosecute and defend the Sute which is before us by our Wirt between the same Rich. Barret and one Ralph Raulin in a Plea of making partition as is said And therefore we command you that you admit the same in Gardian of the same M. and G. to prosecute and defend the Plaint aforesaid Witnesse our selves at Westminster the 19. day of May An. 10. and 45. Habeas Corpus ss IT was commanded the sheriff as more times it was commanded to the same Sheriff that he should have here at the third day Entry of a Hab. corâ— in a plea of debt and the Sheriff returneth that he was not taken nor ever in his custody And a Writ awarded de distring nup vic to wit ter die the body of E. T. c. whom by precept of the Lord the King he took and him detayneth and the same sheriff to the Justices here ter die last past retorned to answer T. S. in a plea that he render unto him 20 l. which he oweth and unjustly detayneth c. And now here at this day came the said T. by T.C. his Attorney and the sheriffe retorneth that the said E. was not taken by the said sheriff by vertue of any writ either is or ever was in the custody of the said sheriff either by I. N. Knight his Predecessor by indenture between him the late sheriff or the said sheriff to the sheriff now was over delivered And therefore the body of the said E. before the Justices here at this day he could not have Distring nup vic Therefore it is commanded to the sheriff now that he distrain the said late sheriff by all his lands c. and that of the issues c. so that he may have here 15. Martini the body of the said E. whome to answer to the said T. in the Plea aforesaid c. Entry of a Writ of Hab corp upon priviledge wi h the recognizance H 12. Iac. Rot. 2271. It was commanded the Mayor Aldermen and sheriffs of London and every of them whereas it was shewed to the Lord the King now on the behalf of Peter Furb that whereas he and every leige man of the Lord the King in coming to the Court of the said Lord the King of common Bench here to wit at Westminster to prosecute or defend any plea or writ there ought to be under the protection of the said Lord the King and customs according to the Liberties and Privileges of the same Court from the time whereof the memory of man is not extant used and approved in the same Cause of priviledges Notwithstanding some malevolent indevouring much to prejudice the same Peter the same Pet. after he came to the Court here to consult with his Councell and attorny to have their advice in a certaine plea of debt upon demand of 30 l. prosecuted by the same P. in the said Court of the Lord the King against one James Robinson wherupon the parties aforesaid pleaded to issue of the Country to be tryed in London to be arrested by the ministers of the said Mayor Aldermen and Sheriffs and in the Prison of the Lord the King under the custody of the said Mayor Aldermen and Sheriffs procured to be detained unjustly to the imoderate dammage and grievance of the said Peter and against the liberties and Privileges aforesaid whereupon he supplicated to the Lord the King to exhibet to him a remedy the said Lord the King willing to do to the same P. in that behalf which was just and consonant to reason and inviolably to observe the liberties and privileges aforesaid That if the same Peter should be detayned in the prison aforesaid under the custody aforesaid Then the same Peter by whatsoever name reputed together with the day and cause of his taking and detaining they should have or one of them should have before H. Hobert Knight and Baronet Cheife Justice of the said Lord the King of the common bench at his chamber Scituate in Lincolns Inn in the county of Midd. immediately after the receit of the said Writ Hab corp rem immediatly before the Chief that the same cheife Justice of the Lord the King seeing the cause aforesaid should do in that behalf what of right and according to the law and custome of the Lord the King of England and the liberties and privileges aforesaid should be don and that they should have then there that writ Afterwards to wit the 24. J that same Terme the chief Justice delivered here in
three aâ—e s given him to do it T 2 Car. Regis Rot. 841. Brownlow Berks. ss John B. Sheriff of the County aforesaid for that he in Easter Terme last past at the severall dayes that same Terme by the Court of the Lord the King here to him given as in the bill of pleas this Terme it doth appear hath not returned to the Court here a certain Writ of the said Lord the King of Habeas Corpus issuing on of the Court here and to the same Sheriff directed and delivered to be executed in form of Law against one I W Esquire at the suit of R. B. Esquire in a plea of Debt of two hundred pounds returnable before the Iustices here Quinque pas last past in mercy c. And he is fined by the said Justices here for the said four defaults at twenty five pounds c. H 43. Eliz. Rot 451. Prisoner in the Fleet brought to the barr by Hab corp at the petition of an estranger a who brought Writ in debt against him and he is demanded by the Justices that he would appeare to the said writ who said he wâ—n duâ—â— therefore processe of Ouâ— lawâ—y is awarded against him ss It was commanded to the Warden of the prison of the Fleet that he should have here at this day to wit upon Satturday next after Octob. S. Hillar the body of W. A. Esquire in the prison of the said Lady the Queen under the custody of the said Warden detained to do and receive what the Court of the Queen here shall consider of him and now here at this day came here into the Court H. T. by A.S. his Attorney and brought here into Court a certain Originall Writ in Debt upon demand of an hundred and twenty pounds directed to the Sheriffs of London and before the Justices of the Lady the Queen here returnable against the said Walter by the name of W A. Esquire of Tomby in the County of Lincolne Esquire and prayeth that the said Walter may appeare to his sayd Writ whereupon by the same Warden of the Prison aforesayd brought here to the bar present in Court in his own proper person being spoken to saith that hee will not appear to the Writ Therefore let processe be made against the sayd Walter upon the Originall Writ aforesaid c. T 25 El. rot 860. G against I.C. like Hab. corp and such an Originall and demand who saith that he is not the same person against whom the said G. brought the said originall writ and that he wil not appear c. Therefore let further processe be made against the said I. C. late of L Gentleman against whom the sayd Originall VVrit was brought upon the said Originall and the sayd I.C. who is now brought to the Barr is sent back to the prison under the custody of the Warden for the occasion that he is therein detained there to remain c. H 13 Jacorot 588. Entry of a Capias ad respodend and thereupon a Non inventus returned and a Habeas Corpus to the Warden of the Fleet is awarded received such a day and then thus and now here at this day came the said Defendant in his proper person under the custody of the Warden aforesaid brought to the Barr who being demanded if he would appear to the said Writ or not sayd that not Therefore let processe of Outlawry be made c. M 5. Jac. rot 2254. Fleet ss Entry of an Habeas corpus of a prisoner committed to be Fleet by the Commissioners in causes Ecclesiasticall and his enlargement without baile It was commanded to the Warden that he should have here to wit at Westminster immediatly after the receit of this Writ the body of Anthony Rooper Knight in the prison aforesayd under his custody detained by whatsoever name he is reputed together with the day and cause of taking and detaining of the said Anthony that the same Justices here viewing the cause may cause to be done what of right and according to the Law and custome of the Realme of the Lord the King of England The like for Langton P. 8. Jac. rot 819. The lik for Melton there rot 1939. The like for Throckmorton T. 8. Jac. rot 1675. But they entred into a Recognizance of a 100 l. iâ— the Bench to appear from day to day P. 9. Jac rot 1510 P 8. Jac. rot 1939. ought to be done And no where at this day to wit on Satturday next after Octab. Martini that same term came the same A in his proper person under the Custody of the same Warden brought here to the Bar and the same Warden then returned that before the coming of the Writ to wit the ninth day of October last past the sayd A.R.M. rendred themselves to the prison aforesaid before committed by vertue of a certaine Warrant dated the thirtieth day of I last past which followeth in these words These are in his Majesties name straightly to charge you by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seal of England to us and others directed That herewith you receive and take into your custody the body of Sir Anthony Rooper Knight and him safely detaine prisoner at this our Commandement untill we shall give you order for his enlargement signifying unto you That the cause of his commitment is for that there being a certain cause referred unto us by his Majesties especiall direction betwixt him the said Sir A.R. and I.B. Vicar of B. for that he detaineth wrongfully from the said Vicar a certain yearly pension due unto him from the said Sir A. R being called before us after ful hearing of the cause in the presence of the said Sir A. R. and of his Councill three or four severall times and at last adjudged by us to pay the said pension he having some time of deliberation given unto him by us to consider therof hath notwithstanding obstinately disobey our said Order and doth so still persist and this shall be your Warrant in that behalfe given at Lambeth this thirtieth day of Iune 1607. And that this was the cause of taking and detaining of the said Anthony in the prison aforesaid the body notwithstanding of the said A he hath now here ready as by the said Writ it was commanded him c. whereupon the premisses being seene and by the Justices here fully examined and understood Judgment by the Court. it seemeth to the said Justices here that the said cause of Commitment of the sayd A. to the prison of the Fleet aforesaid in the Returne aforesaid above specâ—fied to be insufficient in Law to detain him the said A in the prison aforesaid or to deprive the said A from his priviledge of the Court of the Lord the King here therefore the same Anthony is dismissed from the prison aforesaid by the Court here and the same Warden is fully discharged by the Court here of such custody c. T 18 Iac.
rot 3157. Brownlow Entry of an Habeas corpus cum causa for B the Sheriff returned that he was detained by vertue of a certain Warrant c. And that he had brought his body c. Pro ut pro breve c. whereupon the said I is committed to the prison of the Lord the King of the Fleet Ib. remans quousque c. M 9. and 10. Eliz. Rot. 1667. London Nota. one Thomas L. one of the Attornies c. was committed to the Fleet upon a warrant from the High Commissioners And one cause of his commitment was expressed in the warrant and the Justices granted him a Writ of Priviledg because he was an atorney with a Corpus cum causa directed to the wardens of the Fleet who returned the warrant in haec verba c. wereupon his body being brought to the bar he was allowed his priviledg and discharged from prison Inquiry H 41. Eliz. Rot 1119 Bark ss Entry of a Writ of inquiry of better issues directed to the Justices of Assises upon a Writ De Distring Balliv Burgeness upon a Cepi corpus by them returned upon a Testat in debt against the late Sheriff for finding petty issues upon return of a Distringas T 6 H 6. Rot. 303. Sil. M 24. H 6. Rot â—09 Issues six shillings eight pence West 2. cap 40. Alias Distringas awarded P 8. H 6. Rot 113 Amercement against the return of the Sheriff upon a Distringas Jur. T 23 H 6. scil upon a Rescous P 226. Rot 2 the like Writ awarded to the Coroners to enquire de quantis exitibus quere quia non est lex Plur. Distringas It was commanded the sheriff that he should distrain the Mayor Baylifes and Burgesses of the Borrough of Abington in the County aforesaid by all their Lands c And that of the issue c. so that he should have here in Osto Mich. last past the body of F. E. late of c. whom the same Mayor and Burgesses late took as c To answer R.B. of a plea that he render unto him 10 l. which to him he oweth and unjustly detaineth c. At which day here came the said R. by I. D. his attorney and offered hmiselfe the fourth day against the same F. in the same plea and he came not c. And C. L. then sheriff of the said county of Berk then here retorned that the said Mayor Bayliffes and Burgesses were distrained by their chattels to the value of 6 s 8 d. And that the said Mayor B. and B. were bayled by I. D and R. R Therefore they in mercy c. And as before it is commanded the sheriff that he should distraine them by all their lands c. And that of the issues c. so that should have here at this day to wit in Oct. S. Hill the body of the said F which the same Mayor B and B of late took c. As c. To answer the said R B. in the plea aforesaid and now here at this day to wit at the said Oct. S. Hilli came the same R by his attorny aforesaid and offered himself the 4 th day against the said F. in the plea aforesaid and he came not And the sheriff did nothing therein nor sent the writ thereof as more times It is commanded the Sheriff that he destrain them by all their lands c. And that of the issues c. so that they may have here 15. Pas the body of the said F who the same M B. and B. of late took as c. to answer the said R in the plea aforesaid And thereupon it is testified in the court of the Lady the Queen here on the behalf of the said R. that the said C. L. late sheriff after the said writ of distresse was first delivered to him of greater issue to wit of 100 l. the lands and Tenements of the said Mayor Bayliffes Burg. in his bayliwick to the Lady the Queen might have answered Averment of the party aginst the sheriff or retorning the petty issues upon â—he first w it of distress after the al 's and plur distr wee reenter upon the Roll. Therefore it is commanded to the Justices of the said Lady the Queen assigned to take the assizâ—s in the county aforesaid that by the oath of honest and lawfull men of the County aforesaid in the presence of the said sheriff if he will be present they diligently inquire of what and how much issues the said sheriff of the issues of the lands and Chattles of the said Mayor B and B. of Abingdon aforesaid in his bayliwick from the time in which the said writ of distresse was delivered unto him untill the said Oct. S. Mich. could have answered to the said Lady the Queen and the inqâ—isition which c. they make knowne here 15 Pas by their letters sealed c. See the old book of entries in the title of issues retorned 1. 2. and 4. for such a Writ and entry And for a Writ awarded to the Justices of Assize see the statute of Westminster the 2. Cap. 40. A djudged to the Justices at the assize to inquire of what issuâ—s the sheriff could answer T 9. lac Rot. 3623. Brownlow Wigor ss It was commanded the sheriff that he should distraine R. G. Knight late sheriffe of the county aforesaid by all his Lands c. So that he should have here at this day to Wit in C S. Trinitatis the body of R. Y. late of C. in the county aforesaid Yomam which he took by the precept of the Lord the King now And detayneth by him as the said sheriff to the Justices of the said Lord the King here to wit at Westminster 15. Pas An. R nunc Angl. 8. retorned to answer to M. F. widow of a plea that he should render unto her 20 l. which to her he oweth and unjustly detayneth c. And to heare his judgment of more defaults c. And now here at this day came the said Mary by I. F. her attorney and the sheriff now retorneth that the said R. G. is distrained by his chattles to the value of 40 s. and bayled by I. D. and R. R Therefore they in mercy Amercement that the sheriff can answer the King of greater Issues c. And here upon it si testified in the court of the King here on the behalf of the said Mary that the said now sheriff of greater issue to wit of 20 l to the said Lord the King could answer therefore it is commanded to the Justices of the Lord the King assigned to take the assizes in the county of Worcest that by the oath of honest and lawfull men of the county aforesaid in the presence of the said sheriff if he will be present Note that the statute saith die impetr Br. they diligently inquire of what and how much issues of the lands and Chattells of the said R. G. the said
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 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
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
the cattell fi st taken you make known to our Iustices at Westminster 15 Michaelis last past and that you put by sureties and safe pledges the same I that hee should be before our Iustices at Westminster at the said 15 sancti Michaelis to answer to the said W. and T. of the taking of the cattell aforesaid and in the mean time if you could to replevy to the same W and T their cattell aforesaid and afterwards for that it seemed to our said Iustices at VVestminster for certain causes propounded before them and them specially moving that our Writ aforesaid Quoad Cap. in VVith The writ of cap. in Withernam inconsulte emanavit therefore a Supersedeas is therein awarded The cattell of the Defendant taken and and delivered to the pl intiff in withe n. before the delivery of the sup and that he by force of the supersed cannot redeliver them for that they were eloyned Withernam post Withernam The cattell taken in Withernam eloyned before the reception of the Writ of Sup. Plur. cap. in Withernam for the Def. with a writ in the mean time to deliver the cattell first taken in Withernam of the cattel of the said I for the cattell of the said VV and T by him taken before improvisely issued out of our Court aforesaid by another Writ we have commanded you that of any cattell of the said I to be taken in VVithernam for the same cattell of the said W and T by him before taken you be altogether superseded and if you shall have taken any of the cattell of the said I in VVithernam by occasion of the premisses then you shall redeliver them to the said I without delay and inasmuch as you shall execute this our precept you shall make appear to our Justices at Westminster at the said 15 Michaelis and then our said Justices at VVestminster at the said 15 Mich. returnest that by vertue of the said Writ De Capiend in VVithernam to you before directed to wit such a day and year abovesaid of the cattell of the said I. L. four Cowes c. to the value of the said cattell of the said W. and T which I took thou have in VVithernam and that afterwards such a day and year abovesaid our said Writ of Supersedeas was delivered thereof to you and at the same 15 sancti Michaelis you certified to our Justices at Westminster that the cattell of the same I in Forme aforesaid taken in Withernam and delivered to the same W and T. you could not redeliver to the said I after the coming of the said Writ of Supersedeas according to the Tenor of the said writ of Supersedeas for that the same cattell were eloyned and yet are eloyned and transmitted by the same W. and T. to places to you unknown so that by no meanes you could have sight of the sayd cattell after the coming of the said Writ of Supersedeas and therefore we command you as more times we have commanded you that of the cattell of the said W and T in your Bailiwick to the value of the said cattell of the said I taken in Withernam you take in Withernam and deliver them to the said I to be kept untill the said cattell of the said I. taken in Withernam you can redeliver to the same I. And inasmuch as you shall execute this our precept you make to appeare to our Justices at Westminster such a day and in the mean time if you can to make redelivery to the said I of the cattell aforesaid first taken in Withernam and have there this writ Teste c. Entry of a Sup. to an Exigent and pledges de novo after the retorn of a nichil upon a cap. in Withernam awarded after averia Elongata retorned af er nonsuit of the plaintiff and before declaration in replevin T 3. Jac. rot 612. Brownlow Cornub. ss It was commanded the sheriff whereas I. H. and O. R. were summoned to be in the Court of the Lord the King here to wit at Westminster to answer I. K. Esq of a plea wherefore they took a certaine Cow of the same I. K. and her unjustly kept against sureties and pledges c. the same I. K. afterwards in the same Court of the Lord the King here to wit at VVestminster aforesaid made default whereupon it was then considered in the said Court of the Lord the King here that the same I. K. and his pledges to prosecute should be in mercy and that the said I. H. and O. should goe thereof without day c. And that they should have retorne of the Cow aforesaid whereupon it was commanded the sheriff that without delay he should retorne the Cow aforesaid to the said I. H. and O. And her at the complaint of the said should not deliver without a writ of the said Lord the King which should make expresse mention of the judgment aforesaid Reto habend awarded and in asmuch c. he should make appeare here 15. Pas last past at which day the sheriff retorned to the Justices here that before the comming of the writ aforesaid the said Cow was cloyned by the said I. K. to places to him altogether unknowne whereby he could not retorne the Cow aforesaid to the said I. H. and O. as by the said Writ it was commanded him vacca elongata retorned c. whereupon it was commanded the sheriff that of the Cattle of the said I. K. to the value of the Cow aforesaid before taken he should take in VVithernam and should deliver them to the said I. H and O. to hold to them untill he could retorne the Cow aforesaid before taken Capias in Withernam awarded Cap as for the contempt and that he should put by sureties and safe pledges the said I. K that he should be here in 15. Trin. in the second yeare of the Lord the King now to answer aswell the said Lord the King now of the contempt Nichil habet that the sheriff could take in Withernam As to the said I. H and O. of the injuries to them in this behalfe offered and that he should have here the names of the pledges and that writ at which day the sheriff retorned to the justices here that the said I. K. had no Cow in his bayliwick which he could take in VVithernam Qâ—ere if good because the Capias is not awarded before the Exigent Exigent awarded nor had any thing in his Bayliwick by which he could be attached whereby as more times the sheriff was commanded that he put in exigent the same I. K. from county to county untill c. he should be utlawed if not c and if c. then he should take him and safely c. so that he should have his body here 15. Trin. aswell to answer to the said Lord the King of the contempt as to the said I. H. O of the damage and injuries to
the said writ of Exigent and the said Record from whence the said Writ issued and which ought to warrant that writ in this That in the said Record the said Francis is named F. C. of Lynfield And in the said Writ of Exigi fac he is named F. C. of Lymfeild and so there is variance betweene the Record and Writ aforesaid whereupon he prayeth judgment and that he may be discharged from the utlawry aforesaid Whereupon the writ and record aforesaid being seene and by the Justices here fully understood it sufficiently appeareth to the justices here That the allegation of the said F. in discharge of the utlawry aforesaid is true Therefore it is considered that the said F. be discharged from the utlawry aforesaid And for that occasion shall not de molested or in any thing grieved but goe thereof without day c. M 6. Jac. rot 924. And now here at this day came the said A. by W. K. his Attorney and prayeth the hearing of the writ of Exigi Fac. whereupon the said A. at the suite of the said G. is utlawed Utlary reversed for that the Capias whereupon the Exigent issued was awarded after a yeare and a day without a Sci fac to revive the judgment And it is read unto him in these words James c. which being read and heard the same attorney on the behalfe of the said A. saith That the same A ought not to be charged with the utlawry aforesaid because he saith that the judgment whereupon the same A. was convicted was given in Mich. Term An. Rs. 3. that is say by one yeare three Moneths and more before the proclamation of the said Writ of Capias ad satisf whereof mention is made in the said Writ of Exigent whereupon the said writ of Exigent issued In which case the same G. Execution upon that judgement ought not then to prosecute unlesse he had prosecuted before out of this Court a writ of the Lord the King of Scire Facias to premonish the said A. of being here in Court to shew wherefore the said E. ought not to have execution against him according to the Form of the Recovery if to him it had seemed Expedient And so the said Writ of Capias for execution of the judgment aforesaid in Forme aforesaid prosecuted And the said writ of Exigent thereupon issuing was erroniously prosecuted and for that cause prayeth that the utlawry aforesaid may be adnulled c. whereupon aswell the Record of the judgment aforesaid as the record of the adjudging of the said Writ of Exigi Fac. whereupon the said writ of Capias ad satisfaciendum in the same record recited by the Court here being seen and fully understood It is found that the allegation of the said A. is true Utlary reversed for omission of the word Quinte in the 5. Exact and for that the last County was held upon Sunday Therefore it is considered c. and that the utlawry be reversed M 4. Jac. Rot. 306. Which being read and heard the said A. saith that he ought not to be charged with the utlawry aforesaid because he saith that by the returne aforesaid it doth not appeare That the same A. at the said County of South held at the Castle of Winch. the same eight day of September An. 8. abovesaid was called and so the same A. was not the fift time called as by the law of the Land he ought to have been And also for that the 6. day of October whereupon the last County was held was Sonday in which case according to the Law of this Realme of England the County ought to be held And so the utlavvry aforesaid against the same A. in Forme aforesaid published and had is altogether void And judgement that it be reversed The like reversall in Mich. 44 45. Eliz. rot 1909. Utlary reversed for that the day of the 5 Exact was before the Test of the Exigent T 13. Iac. Rot. 3617. Brownlow Which being read and heard the same Robert saith that he is injured c because he saith that it is vicious to vvit in that that it appeareth That the said first day of March An. Sup. upon vvhich day the said Robert vvas quinto Exactus vvas longe before the issuing forth of the said Writ of Exigent And for that cause and others in the returne aforesaid being prayeth judgment that the utlavvry aforesaid may be reversed c. vvhereupon c. And it vvas reversed c. Int. Smith and Wingham M. 10. Iac Rot. 3398. the like Cook against Tompson Primo Exact held after the return of the Exigent M 10. Iac. Rot. 1708. Brownlow Bradbury adv Allen Exigi Fac. retornable Tres Trin. T. 24. Ia. 8. I. The first County vvas held 7. Feb. 9. Ia And because it appeareth by the returne aforesaid That the first county vvhereat the said E. vvas first called vvas held after the retorne of the said Writ of Exigent and for that cause c. Vtlary reversed for omission of the word Scotie out of the stile of the Writ T 13. Iac Rot. 3527. Brownlow Hearing of the Writ of Exigi fac is prayed vhich being read c. the said Writ is vicious to vvit in this that this vvord Scotiae is omitted in the beginning of the said vvrit And for that cause and others being in the said Writ he prayeth judgment c And the utlavvry is reversed betvveen Walker and Vaughan H 12. Iac. Rot. 2265. Brownlow Utlavvry reversed for not naming the names of the Coroners particularly at the end of the retorne of the Exigent Vtlary reversed for default of the Coroners names and hereupon the same I. prayeth hearing of the return of the vvrit de Exigi Fac And it is read to him in these vvords At my County held c. untill Therefore by the judgment of the Coroners of the county aforesaid he is utlavved vvhich being read and heard onerari non because he saith that in the record aforesaid no mention is made of the name of any Coroner vvho gave judgment upon that Writ or should vvarrant the judgment And for that cause the returne aforesaid is insufficient in lavv in t Lavel and others at the suit of Godolph see Harper fo 19 a by Justice Browne If the sheriff retorne upon the Exigent the quinto Exact et non Compe Ideo ut lagat est It is a good return Although he retorne not the judgment of the Coroners for it is comprised in these words Ideo ipse utlagat est H 12 Jac. rot 1949. Brownlow Utlar Waviar reversed for the same defect Reversall for omitting the Coroners Names which being read c. the same Martha and Anthony say that they are wronged in this behalfe and that the same M of the Waiver aforesaid or the said Anthony with the Outlawry aforesayd ought not by the Law of the Land to be charged because they say that the return aforesaid is vicious and
insufficient in Law for that the names of the Coroners of the said county of Yorke who gave judgement upon the Waivery and utlawry aforesaid are omitted in the sayd Returne whereupon c. that the allegations of the said Martha and Anthony in discharge of the said M. from the waivery aforesaid and of the sayd A from the Outlawry aforesaid are true therefore the same M. from the Waivery aforesaid and the said A. from the Outlawry aforesaid are discharged and for that occasion shall not be molested or in any thing greived but go thereof without day c. T 14. Jac rot 3603. Brownlow London Utlary reversed for returning the first Hustings to be held at the Common Pleas and the other to be held at the Pleas of land Reversall for holding the first Hustings at the Common pleas and the four other at the pleas of Lands c. prayeth hearing of the returne of the Exigent which being read Onerari non because he saith that by the Return aforesaid it appeareth that the same George and Arthur were first called at the Hustings De cmmunibus placitis and the 2 3 4 and 5. that they were called at the Hustings De communibus placitis terrae whereas they ought to have been called at Hustings certain so that they might have rendred themselves to the said sheriffs to save themselves from the sayd Outlawry and for that cause the sayd Return is insufficient in Law and this c. judgement that the Outlawry be reveversed c. Note That in H. 12. Jac. That by the opinion of the Justices Prothonotaries and Clerkes of the Counter that an Outlawry upon an Allocat as this is shall not be reversed because the Defendant ought to be demanded at the next Hustings c. As the words of the writ c. whether it be the Hustings Nota bene De communibus plcaitis terrae or De communibus placitis c. the reversall before was between Carnes and Mamvering and others T 14. Jac. rot 3603 Br. Reversall for not naming the day the sheriff called the Defendant at the second County Utlary reversed for not returning the day on which the second County was held at my County held at the Castle of Leicester in the County aforesaid the said Iohn was the second time called whereas it ought to have been at my County held at the Castle of Leicester in the County aforesaid such a day and yeare the same Jo. c. and prayeth hearing of the Writ of Exigi fac which being read and heard Onerari non because he saith That it doth not appear by the Returne aforesaid what day the said County whereon the said Jo. was the second time called was held upon as of right it ought to appear and for that cause the returne aforesaid is insufficient in Law judgement that the Outlawry be reversed Int Newton Hustings c. Vtlawry rever-for holding two Counties within the moneths to wit by more dayes then 28. T 14. Iac. rot 3603. Hearing of the return of the Exigent prayed which being read c. Onerari non because he saith that it appeareth by the return aforesaid that they were the second time called at the County held the fourth day of Ianuary and the third time were called at the County held the twenty ninth of February and that between the same twenty ninth day of February and the same fourth day of Ianuary were fifty six dayes and so the same two Countyes at which the same E. and A. were the second and third time called were not holden from Moneth to Moneth as of right they ought to be held Eaque de causa c. judgement the Outlawry be reversed between Wilson and others and Thornhill Vtlawry reversed for returning utlegat for Waviat T 14. Iac. rot 3604. Brownlow Cornub. Outlawry reversed for returning Vtlegat est for Waviat est and prayeth hearing of the Return of the Exigent which being read c. Onerari non because she saith that every woman upon any Writ of Exigi fac being the fifth time called and not appearing ought by the Law of the Land to be waviated and not outlawed which doth not appear by the Returne aforesaid that the same Beatrix was waviated which of right ought to appeare and for that cause the said Returne is insufficient in Law judgement that the Waviary be reversed Int. Trelowny and Bastard Vtlawry revesed for omission of the word Ante. T 14. Iac. rot 2071. Brownlow Canterbury ss Reversall for Munday next the Feast c. Return of the Exigent prayed to be heard which being read c. Onerari non debet because he saith that it appeareth not certainly by the Return aforesaid whether the said E was the fifth time called Die lunae prox ante festum c. or Die lunae prox post fest c. and so by that returne it appeareth not certainly what day the said Hustings at which the said E. was the fifth time called was held so that he at the same Hustings could not render himselfe to the said Sheriffs of London to save himselfe from the Outlawry aforesaid and for that cause the sayd Returne is insufficient in Law and this c. judgement that the Outlawry be reversed Int. King Porter T 13. Iac. rot 2528. Outlawry reversed for omission of the word terre in the first Hustings H 12 Iac. rot 2165. For omission of the word Anno. H 30. Jac. rot 1205. Brownlow Middlesex ss Vtlawry reversed for variance between the Originall writ and the Exigent Reversall for variance between the Originall Writ and the Exigent And pray Oyer c. And hereupon the said R. and I. pray hearing of the Originall Writ whereupon they are in forme aforesaid outlawed and it is read unto them in these words James by the Grace of God c. And also pray hearing of the Writ of Exigent which issued forth upon the Originall Writ whereupon the same R. and I. are in forme aforesaid outlawed and it is read unto them in these words James c. which being read and heard Onerari non c. because they say that it manifestly appearreth that there is varience betweene the said Originall Writ and the said Writ of Exigi fac that is to say in this that in the Originall Writ it is contained that the said Ralph Moore should render to Nicholas T one hundred pounds and in the Writ of Exigi fac it is contained that the said Ralph should render to the said N. T. one hundred pounds and so the Originall Writ doth not warrant the said Writ of Exigi fac as of right it ought for which said cause and others in the said writ of Exigi fac specified they pray judgement that the Outlawry aforesaid may be reversed c. whereupon the Writs being seen c. Therefore it is considered that the said R. and I. be discharged from the Outlawry aforesaid and for that
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
was sent back from the Justices at Chester to the Bench to determine a Forreigne voucher day is given the tenants make default and for that the cause was determined 91 Entry of a Count ad Terminum qui Praet in County Palatine of Chester with the Pleadings 92 S Secunda Deliberatio Entry of a writ of Second Deliverance after the goods were taken in Withernam and the Defendants attorny was compelled to gage deliverance 93 Scire Facias Entry of a Scire Facias upon a recognizance against sureties in replevin after Averia elongat retorned 95 Entry of a Scire fac after a judgment reversed in writ of false judgment upon a Record in Dtinue 97 Entry of a Scire Fac directed both to the sheriff and Coroner to levy a debt upon a Fieri Facias and not paid at the retorne of the Fi Fac. 98 Entry of a Scire Fac. upon a generall pardon after a capias ut lagat wherein are speciall pleadings 110 Entry of a count in debt upon a generall pardon 100 Entry of a Scire Facias upon a recognizance where one of the defendants is dead and the other prayeth imparlance ib. Entry of a Scire Fac. against the Tenant by Elegit where part of the debt is levyed the residue brought And a delivery awarded 101 Entry of a Scire fac awarded in Aide 102 Scire Facias Entry of a Scire fac by an administrator against an executor where the letters of administration are shewed assets confessed to 40 l. and traverseth that he hath Nulla alia bona Replication that he hath more Assets and verdict 102 Entry of a Scire Fac. against an executor of 1 Manucaptor of 3. Manucaptors upon a Recognizance in debt judgment against the Principall Speciall pleadings 104 Entry of a speciall bar to a Scire fac against the executor to have execution de bonis propriis after a Devastavit retorned wherin judgment is for the Defendant after demurrer 109 After plene administravit pleaâ—ded assets are found and judgmen-thereupon the sheriff retornes a Deo vastavit such Spe. Devastavit â—n 1 good plea. 11â— Entry of Scire fac against an executor upon surmise that the executor had wasted the goods of the Testator after judgment tryall and speciall verdict therein ib. Entry of a Bar to an alias Scire facias upon Recognizance in priviledg where one makes default and the other pleads payment issue non solvit ib. Entry of a Scire fac against Ter-tenants upon judgment in debt after death of the obligee the recovery recited Elegit awarded de medietate terrarum 112 Entry of a Scire fac upon a Recognizance the defendant pleads a feoffement made of the lands c. before judgment c. and prayeth Iudgment The plaintiff saith that the Lands are held in Fee simple and Traverseth the feoffment 113 Entry of a Scire fac upon baile to make deliverance after gage deliverance of Cattle in Court against Manucaptors because the Conusee had not made deliverance Iudgment by nichil dicit ib. Entry of the like Scire fac against Manucaptors c. 114 Entry of a Scire fac upon a Iudgment in a Writ de Droit de Gard. Entry of a Scire fac upon Iudgment in detinue for Cattle ib. Entry of a Scire fac against an heire upon Iudgment against his father in Debt and an Elegit awarded 115 Entry of a Scire fac against an heire upon Iudgment against his father in the time of another King ibi Entry of a Scire fac against the Ter-tenants of lands descended to G. in Feesimple from W. his father and which were of the said G. 12. F. test of the originall 116 Entry of a Scire fac at the suite of an executor against an heire upon a Iudgment against the father viens per Discent pleaded in bar replication Assets per discent at the test of the Scire fac 111 Entry of a continuance of a Scire fac 118 Entry of a Scire Fac. by the surviving Administrator of the goods of the first intestat not administred by the first Administrator ib. Entry of a Scire fac to have execution de bonis propriis upon a devastavit retorned post Annum diem ib. Entry of a Scire fac brought by the executor against the administrator at the full age of the executrix upon a Iudgment had against the intestat by the administrator during the Minority of the Infant ib. Entry of a Scire fac against ter-tenants 119 Entry of an alias Scire fac against the Administrator upon Iudgment against the intestat 120 Entry of a Scire fac with a Capias testat thereupon awarded ib. Entry of an Alias Scire fac upon Iudgment had against the Principall upon originall in debt out of the common Bench. ib. Entry of an alias Scire fac where the first terme 122 Entry of a Scire fac upon a recovery in Dower against the ter-tenants for the value of the Damages ibi Entry of a Scire fac upon Iudgement had against 4. executors whereof 2. onely appeared and those only amersed 124 Entry of a Scire fac by a new Administrator during the minority c. of goods not administred by the first administrator upon a recovery by the first administrator Iudgment by nihil dic 125 Entry of a Scire fac to have the penalty given by the statute of 23. H. 6. cap. 11. against a sheriff for levying more monies upon a town for Knight service then the towne was taxed 126 Entry of a writ of Attachment issued out of Parliament to heare a bill to the same Parliament 127 Entry of a plea of speciall Bastardy pleaded in Bar to a Scire fac to have execution upon a fine demurrer thereto and judgment for the demandant ib. Entry of a Scire fac wherein execution was awarded at the Assize upon the tryall before the day in the Bench. 148 Entry of a Scire fac wherein aide is granted by the King to execute a fine ib. Entry of a Scire fac brought by the K. upon a judgment in Assize of Darreigne presentment had by the King by reason of the wardship of an Ideote Defendant pleads that the Lessor was respited untill 8. Hill for the default of the recognitors and judgment therein against the King ib. Entry of a Scire fac brought by the Tenant in Recovery to have execution of lands in value against the voucher 130 Entry of a Scire fac wherein judgment is given against the Pla. in execution of a fine ib. Entry of a Scire fa upon an indictment in debt where the defendant before execution fradulently convayed his lands with intent to defeat the plaintiff ib. Entry of a Scire fac for damages in an Assize of fresh force 131 Entry of a Scire fac against the sheriff for taking insufficient pledges in Repleg Entry of a Scire fac and judgment herein superseaded for that the def was in the Kings custody ib.
4. Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damags in the plaint are under 40 s. fo 5. Allowance A writ of allowance entred for one of the Just of the common Bench by reason of infirmities fo 7. Amertiament Amerciament entred against a sheriff for his insufficient retorn upon a writ of wast Amerciament nor returning for a Capias Utlagat ib. Amerciament for not returning of Capias ad Satis after severall daies given by the court ib. Amerciament for the marshall for non attendance upon the judge upon the essoine day ib. Amerciamet Amerciament entred against the sheriff upon an attachment of Priviledg and a Habeas Corpus awarded fo 11. Amerciament entred upon an attachment of priviledg for one of the Judges clarks of the common Bench and awarding of a Habeas Corpus ib. Amerciament entred against a baily of a liberty upon a Cepi corp returned and a Distringas awarded upon an attachment of priviledg ib. Amerciament entred against the sheriff upon returne of the Languidus in prisona upon an attachment for contempt 12. Appearance Appearance baile in court entred upon a writ of priviledg in discharge of the sheriffs bond 9 Appearance entred to a writ of priviledg in trespasse ib. Appearance made in discharge of Manucaptors upon meane Proces 10. Attachment Attachment in the Mayors court for debt the attachment disattached by baile and plaint removed by a common writ of priviledg with Cerciorare 10 Attachment entred in a Quare impedit and a distres awarded ib. Attachment awarded in the like with summons and severance 1. of the plaintiffs comes not judgment that the other sequat solus the Bishop Essoines c. ib B Ballivo Amovendo Entry of a writ of Ballivo amovendo for continuing his office above one year together contra formam statuti 13 C Capias ad satisfaciendum ENtry of a testat ca sa for residue of a debt whereof part was levied upon a testat fi fac 14 Capias pro fine entred and an Exigent thereupon ib. Entry of Ca. sa after a Fi. fac and Spec. return of Devastavit against the executrix upon the inquisition 15. Entry of a writ of Testat ca. sa in the county Palatine after a devastavit returned against the exec upon a testat si fac de bonis Testatoris 17 Entry of a Ca. sa by the executors of the Conusor after the death of the Conusee in a statute merchant 18 Entry of a Capias ad sat upon a statute merchant upon the sheriffs returne that the defendant is dead an Extent is prayed against his lands by the statute and granted in the county Palantine of Lanc. 18. Entry of a Capias upon a statute merchant and upon Laici and non inventus returned an Extent awarded 19 Continuance of an extent where the writ is awarded in one county ib. Entry of a Capias ad satisfaciendum after nulla bona returned upon an Elegit ib. Entry of Ca. sa in the proper county and non inventus retorned and a testat ca. sa awarded into a forreigne county 20. Entry of a Capias ad sat upon a writ of priviledg and Cepi corpus returned and after the sheriff returns that specially that before he toke him by vertue of an other writ c. the defendant is bayled upon the Execution and an attaint brought c. ib. Commitment Commitment specially entred for levying of a fine in the name of the person who refused to acknowledg 22. Commitment for forging of writs and counterfeiting of the seale 23 Commitment for making a faigned writ of Supersedeas 24. Commitment to the Fleet upon a Cepi corpus upon a Capias utlagat with a Remittitur into London to answer the plaint there c. ib Commitment to the Fleet of one in execution upon a judgment there ibe Commitment of one in execution upon a Scire sac upon judgment the defendant saith nothing in bar judgement that execution c. ib Commitment of one to the fleet for rasure of a Record in the common Bench ex confesso afterwards fined and set at liberty 25. Commitment by the indictment roll without any proces of execution sued forth upon a Habeas Corpus Commitment of a Prothonotaries clarke and a sheriffs clarke for rasing an execution the returne and and test and serving of the writ before it was new sealed spe examinants ib. Commitment of an attorney for altering of a counter plea of the voucher 26. Commitment to the fleet for rasure of a fine and a fine imposed ib. Commitment upon a Habeas corpus from the Judges chamber the writ bore test 4. July 18. Iac the term ended 5. July upon which day the judge delivered the commitment to be inroled 30 Commitment of one to the Fleet in vacation time brought by the sheriff of London by Habeas corpus before the Judg. 32. Commitment of a prisoner to the Fleet brought to the bar in terme by a Habeas corpus ib. Commitment for forging a Cirography to a fine 33 Commitment of an attorney for prosecuting a Capias in trespas without any originall to warrant it dismissed upon a fine Entry of orders for the right regulating of Offices in the court of common Bench. 34. Commitment of an attorney turned over the Bar for divers falsities 35 D Debt ENtry of writ ad Levand deb de bonis mobili Cleric upon a statute merchant upon returne of nulla bona mobilia and that he is benificed an extent is awarded 36. Distringas Entry of a distringas against the Lord of a Mannor in ancient demesne to hold his court that the sheriff Recordari fac Loquelam 36 Entry of a distringas against a sheriff for returning of pettit issues and a Testat distringas granted to a forreigne county to distraine the Defendant by greater issues 37 E Elegit ENtry of an Elegit upon the Roll of the entry of the Scire fac the same terme in which it was retorned and a speciall retorne of the sheriff 37 Entry of a writ of Elegit against a clerk the sheriff returns non habet Laic Feod and an Extent awarded to extend bona terra ecclesiastica but upon motion a Fi. fac was thought more proper awarded 39 Entry of an Elegit after an Elegit 40. Entry of an Elegit for the value in dower 41. Execution Entry of the tender of the body in execution in discharg of the Manucaptors 41. Entry of a tender of the body in execution after judgement against the principall in discharge of his suretyes 42. The defendant discharged out of prison for that the plaintiff prayed him not in execution ib Execution Entry of a tender in execution the Pla. prayes him in execution of the court Cur advisare vult because a writ of Error is brought and the record and recognizance are certified away but at length committed in discharge of his sureties 34. Extent Entry