and lawfull Knights of his County and in his proper person came to the same Court of the said G.W. and in full Court there held the tenth day of May An. c. 13. abovesaid and caused to be recorded the Plaint aforesaid which was in the same Court without the Writ of the said Lady the Queen between the parties aforesaid in the Plea aforesaid And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court of those who were present at the same Record And had prefixed the same day to the parties aforesaid that they should be here to proceed in the same Plaint as shall be just And now here at this day came as well the same Marquesse by Rich. Lee his Attorney as the same Eliz by W. Plomer her Attorney Judgment that the cause is insufficient to remove the cause and a writ of Procedendo is granted whereupon the cause aforesaid being seen in the Writ aforesaid recited It seemed to the Justices here that cause to be insufficient in Law to remove the Plaint aforesaid out of the same Court of the said G.W. of his Mannor aforesaid And that the Court of the Queen here ought not to take Cognizance of the Plea therein And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid Therefore it is considered that the same Bayliffs notwithstanding the Writ aforesaid in the Plaint aforesaid according to the Law and Custome of the Mannor aforesaid at the prosecution of the said Marquesse proceed with effect and that they exhibit to the parties aforesaid full and speedy Justice therein according to the custome of the Mannor aforesaid c. P. 11. Iac. Rot. 2215 ss Entry of a writ of Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damages in the plaint are under 40 â— The Lord the King sent to the Sheriff of Lincoln his Writ closed in these words Iames by the Grace of God c. to the Sheriff of Lincoln greeting We command you that taking with you four discreet and lawfull Knights of your County In your proper person come to the Court of Edward Dymock Knight of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court without our Writ between I. c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said And have that Record before our Justices at Westm Mense pas under your Seal and the Seals of four lawfull men of the same Court who shall be present at that Record and that you prefix the same day to the parties that then they should be there to proceed in the same Plaint as shall be just and have you the names c. Teste c. because the same Defendant for the favour which the same Plaintiff hath in the same Court cannot have Justice there as it is said Let execution be done upon that Writ if the cause be true and the same Defendant shall desire it or otherwise not And now here at this day to wit at the same Mens pas I. L. Knight Sheriff of the County aforesaid returned that he by vertue of the Writ aforesaid took with him I. D. R. R. I. D. and F. Fenn four discreet and lawfull men of his County in his proper person came to the Court of Edward Dymock aforesaid and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ And the Record thereof hath before the said Justices here at the same Mens pas under his Seal and the Seal of I. Hart R.S.I.N. and W. Stoke four lawfull men of the same Court who were present at that Record and prefixed the same day to the parties that then they should be here to proceed in the Plaint aforesaid as should be just Horncastle cum Soca ss At the Court of Pleas of Edward Dymock Knight Tenant or Farmer of the Reverend Father in Christ H. Bishop c. held such a day and year c. T. complaineth against W. late of c. of a Plea of Trespasse upon the case Pledges to prosecute Io. D. R.Ro And now here at this day came the same T. by R.O. his Attorney Cause alledged for a Procedendo because the damages exceed not 40 s. and the Common Bench cannot take cogâ—izance of the plea. and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings And for that cause prayeth a Writ of the Lord the King de procedendo in this behalf to be granted him And because the same W. nor any other on the behalf of the said W. came not nor alledged any thing in Court here to the contrary for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint do not amount to forty shillings in which case it belongeth not to the Court here to hold Plea thereof It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid may further proceed in the Plaint aforesaid between the parties aforesaid Therefore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid that they further proceed in the Plaint aforesaid according to the law and custome of his Soak of the Mannor aforesaid the same Writ of the said Lord the King Procedendo awâ— ded non obstante c. before therein to the same Sheriff directed notwithstanding And that they exhibit full and speedy justice therein to the parties aforesaid according to the Law and custome of his Soak of the Mannor aforesaid should be to be done c. Allowance H. 3. I. Rot. 220. c. Brownlow Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity The Lord the King sent to his faithfull and beloved George Kingesmill Knight one of the Justices of the said Lord the King of the Common Bench his Letters Pattents in these words James by the Grace of God of England Scotland France and Ireland King Defender of the Faith To the Treasurer Chancellor Chamberlain and Barons of our Exchequer And also to our faithfull and beloved George Kingesmill one of our Justices of the Common Bench greeting Know yee that we considering the debility of the body of the said George K. broken with infirmities and old age And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench which he is wont to undergo as in the Letters Patents c. And
Court 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
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 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
Court with his owne hands the writ aforesaid directed to the said Mayor Aldermen sheriffs in Forme aforesaid The writ delivered in Cou t. The party comes in his proper person Returne de causes And before the said chief Justice by the same Mayor Aldermen and sheriffs the 10th day of Jan. last past retorned and executed and the same cheif Justice hath certified here in court that then and there before the said Châ—ife Justice at his chamber aforesaid came the said P. in his proper person under the custody of the said sheriffs and Martin L. and P. P. Sheriffs of the City aforesaid now retorne that before the coming of the said writ the 15th day of Dec. An. R. c. 12. The same Peter was taken in the City aforesaid and detained in the prison of the said Lord the King under the custody of the said Sheriffs by vertue of a complaint levied against him the same day and year in the Court of the Lord the King held before the same M. L. by the name of Peter Furbusher Gent. at the suit of H. R. in a plea of Trespasse 1 Cause in a plea of Trespass Damages 40 l. to the Damages of forty pounds the said Peter was also detained by vertue of a complaint against him 20 Ja. praed levaet in the Court of the sayd Lord the King held before the said Martin Limny by the name of P. F. at the suit of Alexander Ratcliffe in a plea of Debt upon demand of sixty pounds 2 Cause in debt for 60 l. and so recite all the causes whereof the partyes aforesayd have pleaded and so depend undetermined and that these were the causes of taking and detaining of the sayd Peter in the prison aforesaid whose body they have ready as by the sayd Writ to them it is commanded c. whereupon the premisses being seen and by the said cheife Justice then and there fully examined and understood The party and She iffs are discharged it seemed to the said cheif Justice that the sayd P. ought then and there to enjoy the liberties and priviledges aforesaid whereupon the same Peter was then and there dismissed from the custody of the said Sheriffs by the said cheif Justice Vpona forraign Attachment accordingly 1 H 15 Elâ—â—t 588 and the same Sheriffs then and there were discharged by the same cheif Justice from his custody and hereupon the same P. and R. H. of Stepney c. and I.B. of the same Dyer undertook and every of them did undertake Mâ—ch 8 and 9 El. rot 329. Entry of a priviledge for diverse causes and the bail entred severally and there rot 1754. Recognizance to appear to Writs or Actions to be brought Note that in this case the Originall ought to be brought the next Terme ensuing but in a reversall the plaintiff hath liberty of two Termes to bring his Writ to wit the same P. in the summe of one hundred and twenty pounds and the same R. and I. severally in the summe of sixty pounds at the suit of Alexander Ratcliff and Sic de ceteris c. That the said P. should appear here in Court in his proper person or by his sufficient Attorney in Law and answer to the severall Actions or Writs of the same H.R. c. against the same P. of and upon the severall pleas aforesaid before 15 Pasch then next coming to be brought and prosecuted here in Court and also if it shall happen judgment after the apperance of the sayd P. here in Court made in the same pleas for the same H. and A. and against the said P to be given to satisfie the same H. c. of their Damages and the sayd Alexander of his Debt and Damages for the same H. c. and A. against the same Peter in the same Court here to be recovered or adjudged in the pleas aforesaid or that the same P. render himself to the prison of the Fleete of the Lord the King for those occasions which sayd severall summs by the said Manucaptors in forme aforesaid acknowledged the same Manucaptors acknowledge to be made of their Lands and Chattells and which sayd severall summs by the same P in form aforesaid acknowledged the sayd Peter acknowledgeth to be made of his Lands and Chattells and to be levied to the use and behoof of the sayd H. and A. in form aforesaid if it happen the same P. make Default in any of the premisses and in lawfull manner to be convinced thereof Brownlow T 41 Eliz. rot 1229. ss That the said R shall appear here in Court in his proper person or by his sufficient Attorney in Law to the Action or Writ of the said A against the said R. of and upon the cause aforesaid before such a day to be brought and prosecuted in Court here and to answer to the said A. in the plea aforesaid and also if it happen c. Entry of a priviledge returnable immediat in banck H 12 Jac. rot 2262. Brownlow As before in the president for P.F. untill or one of them should have before the Justices of the Lord the King here to wit at Westminster immediatly after the receit of the said Writ that the same Justices of the said Lord the King seeing the cause aforesaid c. untill the end of the Writ Afterwards to wit the ninth of February that same Terme came here into Court the same Michael in his own person under the custody of the Bailiff of the Marshall and Judges c. And recite the Return of the Writ whereupon the premisses being seene and by the Justices here fully examined and understood it seemeth to the said Justices here that the sayd M at present ought to enjoy the liberties and priviledges aforesaid and so as in the president before Alit T 14 Eliz. rot 1288. Divers causes returned wherein are diverse Complaints in Trespasse and debt and the Entry is that he shall appear in Court in his proper person or his sufficient Attorney in Law of and upon the severall Actions of and for the summs aforesaid against the same W. by the said T. M. and M. or any of them before 8 Michaelis next coming to be brought or prosecuted here in Court severally to the same T. M. and M. or either of them in the said Court here in the severall pleas aforesaid P. 28 Eliz. rot 328. the like against the said W. severally to be recovered or adjudged or that he the same W. render himselfe upon that occasion or occasions to the prison of the Fleet of the Lord the said King which sayd summ of fifty pounds to wit twenty pounds thereof the same T. ten pounds to the said M and O. to the sayd I. I. acknowledged every of them acknowledgeth severally to be made of their Lands and Chattells and to the use c. Speciall Amerciament of the Sheriff for not returning of a Writ of Habeas corpus in debt after
in Labours Suits Delayes and Expences be thereof levied c. and in as much c. hee make appear here 15. Trinitat c. Mittimus T 3. Jac. rot 24 10. Entry of a Mittimus of the Record and proceedings Which was removed out of another Court by a certiorare out of the Chancery and sent to the Justices of the Bench. The Lord the King sent to his Iustices of the Bench here his Writ closed in these words James by the Grace of God c. To his Justices of the Bench greeting The Record and proceedings in a certain plaint which was in the Court of our Honor and Castle of Windsor before our deare Cosen and Counsellour Charles Earle of Nottingham of the noble Order of the Garter Knight Admirall of England Constable of our honorable Castle aforesaid and keeper of the whole Forrest of the same or to his Deputy of Keeper of his place there without any writ between William R. Esquire and J. M. Gent of cattell of the same W. taken and unjustly detained as is said by Jo. Trevor Knight Deputy of the same County by vertue of our writ of Certiorare to you into our Chancery certified we send you in these presents inclosed commanding you that the Records and proceedings of the plaint aforesaid being inspected you further do therein at the prosecution of the same James what of right and according to the Law and custome of our Realme of England is to be done Teste c. James by the grace of God c. To our dear Cosen c. greeting we willâ—ng for certain causes to be certified by the Record and proceedings in a certain plaint which is before you in our Court of the Honour and Castle aforesaid without out writ between W.R. Esquire and I Moor of cattell of the same W. c. we command you that the Record and proceedings in the plaint aforesaid with all things touching the same by whatsoever names the parties aforesaid in the said plaint are distinguished to us into our Chancery wheresoever it shall then be under your seale without delay you distinctly and plainely send and this VVrit c. Note Nota. That if the Record had been sent to the Justices of the common Bench they could not have proceeded upon the Tenor of the Record but upon the Return sent c. H 17 Eliz rot 939. Nota. Cause certified into the Bench was removed by a procedendo because the monies in the plaint amounted not to 40 s. T 20 Jac rot 3371. Brownlow The Lord the King c. The Tenor of the Record and proceedings c. We send to you inclosed in these presents and so recite the Certiorare which is we willing for certaine causes to be satisfied upon the Tenor of the Record c and the plaint c And now here to wit at Westminster in Cr. Trin. that same Term came as well the said Plaintiff by T. R. his Attorney as the said Defendant by F. M. his Attorney and the Writs and Return aforesaid being seen and by the Justices here fully understood and examined to the said Iustices here it sufficiently appeareth that the Court here upon the Tenor of the Record aforesaid cannot proceed Therefore it is considered that the said Mayor and Burgesses of the Burrough of N aforesaid in the plaint aforesaid according to the Law and custome of the Burrough aforesaid at the prosecution of the said William may proceed with effect and to the parties aforesaid full and speedy Iustice therein according to the custome of the Court aforesaid may exhibit c. betweene C. and A. Ne Exeat Regnum Ne exeat Regnum M 7. H. 6. rot 600. or 606. Security found that he depart not the Kingdome Nvsance Selde M. 8. Car. Regis rot _____ To the Sheriff of Middlesex greeting whereas of late we have made publick Proclamation amongst other things that none should erect any Walls whereupon _____ might be super added within our City of London or the Subburbs of the same or within the distance of three thousand paces of any of the Gates of the same City or from the Palace of Westminster license from our Commissioners assigned to oversee the buildings in those parts not before had Notwithstanding Thomas Ford late of the parish of Saint Andrew Holborne in your County Yeoman contemning our commands promulgated license of our Commissioners not before had in a certaine Feild in the Parish of Saint Clements Danes without Temple Bar London Selde on the south part of the ancient Inne called Clemants Inne of a long time appointed for the Residence of men incumbent in the study of our Lawes a certain wall to which _____ may be superadded of Brick Lime and Sand to erect and part of the same Feild intendeth to inclose as an ally or common place to bowle in And the foundation of the same Wall hath now laid and more Brick Lime and Sand for further progresse in the same Wall hath here also put and hath ready as it is said and if that place should be also inclosed It would happen that the Students of that Inn incumbent in the same in the study of our Lawes with the Clamors and noise of men resortng to that place would be so much disturbed that they could not Follow their Studies We to observe our commands and willing to regard the quiet and tranquility of the students aforesaid that they should not be diverted from their Studyes Command you that you omit not for any liberty of your county but that you command the said Thomas on our behalfe that from further building of the wall aforesaid he be altogether superseded and the wall begun and the Foundation of that wall by him in the place aforesaid put he cause to be demolished upon the danger to follow Test 19. Nov. Car. T. C. C. S. Cartwright Originall M 18. H 8. Rot. 2. ss An originall Writ out of the Chancery at the Suit of the party directed to the Justices of the Common Bench to stifying that he is a Lord of the Parliament that they should make no other proces against him onely such as are made against the Peeâ—s of the Land The Lord the King sent to his Justices of the bench here his writ closed in these words Henry the 8. by the grace of God c. To his Justices of the Common Bench Greeting we command you that if Edward Sutton of Dudly in the County of Staff Knight be impleaded before you at the suit of any one in a personall action you cause so to be made against him such Proces and no other in the action aforesaid as ought against Lords Peeres Earls and Barons of this our Kingdom of England which ought to come to our Parliaments upon our summons or any of them as according to our Lawes and Customes of the Realm of England ought to be made Because we record the same Edward one of the
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.
by attorney if it shall happen that the said T. P. not to make deliverance of the Cattle aforesaid taken in Withernam or the value of them c. Scire Facias TRini 9. Jac. Roll. 3510. Entry of a Scire facias upon a Recognizance against sureties in Replevin after Averia elongat returned Otherwise as it appeareth in Easter Term in the 9. yeare of the Reign of the Lord the King now Roll. 2982 it is thus contayned London ss It was commanded the sheriffes whereas I. A. of the City of Coventry Taylor B A. of L. in the county of N. clerk and W. S. of C. in the county of Warr Gent. to wit the fift day of Ju being there in Trinity Term in the 7. yeare of the Reigne of the Lord now King of England before Peter W. Knight one of the Justices of the said Lord the King of the common Bench at his chamber in Chancery Lane London in their proper persons undertook and every one of them did undertake for H. A. in the sum of 20 l. and the same H. A. then and there before the said Justices of the Lord the King in his own person undertook for himself in the summ of 40 l. that the same H. should cause to be retorned to David Harris certaine cattle of the same H. formerly taken by the same David and which were adjudged by the court here to the said David for the default of the said Henry The Recognizance recited See the statute West cap 2. 13. E 1. if retorn of them to the same David by the court here should be adjudged which said summe of 20 l. every one of the Manucaptors do acknowledg to be levied upon their lands and chattles And which said sume of 40 l. the same Henry acknowledgeth to be levied of his lands and chattles to the use and behoof of the same David if it happen that the said Hen. make default in the premisses therof be lawfully convicted which said recognizance in Form aforesaid taken afterwards to wit the same fift day of July in the said Term of the holy Trinity in the seventh yeare of the Reigne of the Lord the Keng now of England abovesaid the said Justices of the same court of the said Lord the King before his then Justices with his owne hands delivered to be inroled upon record Delivery of the Recognizance in Court to be inrolled Count upon the second deliverance as by the record thereof remayning in the same court here manifestly appeareth wheras therupon the same David was attached by the writ of the said Lord the King de Sec. Delib to be in the Court here to wit at Westminster aforesaid to answer the same H. A. of a plea wherefore he such a day and year at W. in a certaine place there called Woodpark had taken the cattle that is to say 35. heifers of the same H. and unjustly detayned them against sureties and pledges untill Avowry c. the same David in the said court of the said Lord the King appearing for a certaine reason by him alleaged as Bayliff of G. C. Kt. well acknowledged the taking of the cattle aforesaid in the place aforesaid to be just Nonsuit of the Plaintiff for default of Bar to the Avowry Return Haben awarded whereupon the said Henry afterwards although solemnly called in the same court of the said Lord the King came not nor hath not further prosecuted his said writ wherupon it was considered in the same Court here that the said Hen. and his pledges for prosecution should be in mercy c. And that the same David should goe thereof without day c. and that he should have retorne of the cattle aforesaid to hold to him for ever irreplevishable whereupon the said Lord the King by his writ commanded the sheriff of Devon that without delay he cause to be retorned to the said David the cattle aforesaid to hold to him irreplevishable Averia elongat returned and as much c. he should make to appeare here in Oct. Mich at which day the said sheriff of Devon retorned to the Justices here that before the coming of the said writ to him directed the cattle aforesaid by the said Henry A. were conveyed to places unknown to him so that he could not make retorne of the same cattle of the said David and therefore the said Lord the King commanded the said sheriff of Devon that of other Catles of the same Henry to the value of the Catle aforesaid before taken Capias in Withernam awayded he should take in Withernam and should deliver them to the said David to keep by him untill the cattle aforesaid before taken could be retorned to the same David and that he should put by sureties and safe pledges Nâ—lla averria returned the said Henry that he should be here in Oct. S. Hill aswell to answer the said Lord the King of his contempt as the same Da. of his damages injuries in this behalf done The same sheriff of Devon at that day retorned to the Justices here that the same A. H. had no Cattle in his Bayliwick Sci fac against the party and Manucaptors severally which he could take in Withernam according to the Exigency of that Writ and that the same Henry had nothing in his Bayliwick by which he could be attached as by the record and proceedings in the same court here remayning doth manifestly appeare And because c. That by honest c. it should be made known to the said I. B. W. and H. that they should be herein Oct. Pur. to shew if any thing c. wherefore the same David ought not to have execution against the same I. for the said 20 l. by him in Form aforesaid acknowledged to be levied of his lands and chattles and against the said Bartholomew for the said 20 l. by him in Form aforesaid acknowledged to be levyed of his lands and Tenements and against the said William and others as before The Plaintiff offiers himselfe against the Defendant c. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same David by R R. his attorney offered himself the 4. day against the said I. B W. and H. in the plea aforesaid and they being solemnly called came not the sheriffs of Lond now return that the same I. B. W H. have nothing Nichil returned nor any one of them hath any thing nor are found nor any one of them is to be found c. Therefore as before it is commanded the said sheriffs of London that they should make known to the said I. B. W. and H. that they be here 15. Alias Sci fac awarded Pas to shew in Form aforesaid and now here at this day came aswell the same David by his attorney aforesaid as the same I. B. W. and H. by H. W. their attorny
Plaintiff and Defendant come by attorny And there upon the same David prayeth execution against the same John for the said 20 l. by him in Form aforesaid acknowedged to be levyed of his lands and Chattles and against the same Bartholomew for the said 20 l. c. and so against the rest severally And the same I. B. W. and H. pray liberty to imparle untill Cr. Tri. and have it c. The same day is given to the same David here c. Execution prayed severally PAsch 9. Jac. Roll 349. Walter Devon ss It was commanded the sheriff because in the record and proceedings Scire facias after a judgment reversed in a writ of false judgment upon a Record in Detinue and also in commencing of a certain plaint which was in the hundred of N. C. Esquire of N. without writ of the Lord the King between I. C. W. H. in a plea of detinue of corne which the same I. C. demanded of the same W. a writ of false judgment was given against him in the said plaint as the King is informed by the grievious complaint of the said William and as by the inspection of the Record proceedings in the cause aforesaid which the said Lord the King now caused to be brought before his Justices at Westminster sufficiently appeareth that false judgment was given against the same William in the plaint aforesaid For which in the Court of the Lord the King now here before his said Justices it was considered that the judgment aforesaid should be revoked nulled and altogether taken for nothing Judgment reversed And that the same William should be restored to all things which he had lost by occasion of the judgment aforesaid Notwithstanding because the said Io. Clerk after the judgment aforesaid in the hundred aforesaid given and by force thereof and pretence of a certaine judiciall precept issuing out of the hundred caused to be don and levyed upon one Cow of the same Willam 39 s. 11 d. for the value of the said Corne to wit for eight bushels of Rye and 12 d to the same Iohn for his costs and charges which he had and sustained by the occasion of the detention of the corne aforesaid in the hundred aforesaid adjudged And thereupon the said Cow was sold by which occasion the said Iohn Clark of the said 39 s. 11 d. for the value of the said corne and of the said 12 d. for his costs and charges aforesaid in the hundred aforesaid by vertue of the judgment aforesaid recovered was and is satisfied as by the relation and information of the said William the Lord the King is informed and understands And because c. that by honest c. he should make knowne to the said I. C. that he should be here at this day to wit Men. Pas to shew if any thing c. Wherefore the Cow aforesaid or the value of the same or the said 10 s and 11 d. in Form aforesaid recovered Scire facias to have restitution ought not to be restored and repayd unto the said William according to the Form and effect of the said judgment in the said Court of the said Lord the King now in Form aforesaid if c. And now here at this day came the same W. H. by R. S. his attorney and offered himselfe the 4 th day against the said I. C. in the plea aforsaid and he being solemnly called came not and the sheriff now retorneth that he hath nothing Alias Sci. fac awarded c. nor is to be found c. Therefore as before it was commanded the sheriff that by honest men c. he shall make known to the said I. C. that he be here in Cr. Trin. to shew in Form aforesaid c. PAas 13. Jac Rot. 774. Brownlow Civit. Covent ss It was commanded the Coroners of the City aforesaid whereas the King had commanded the late sheriff of the City aforesaid that of the lands and chattls of H. L. late of D. in the county of Cest Gent. in their bayliwick they would cause to be made aswell a certaine debt of 150. Scire facias directed to the Coroners and Sheriffs both to levy a certaine debt upon a fi fac and not payed to the party at the returne of the fi fac l. which H S. in the Court of the King here to wit at Westminster recovered against him as 30 s. which to the same H. in the same Court of the King here were adjudged for his damages which he had by occasion of detayning of that debt and that they should have those monies before the Justices here to wit at Westminster 15. Marti last past to render to the said Humphery for his debt and damages aforesaid whereof he is convicted at which day here to wit at Westminster aforesaid came the same H. by G. B. his attorney and the sheriffes to wit T. L. and I. B. then retorned that they by vertue of the said writ to them directed of the Chattles of the said H. have caused to be made 125 l. parcell of the debt and damages aforesaid which said 125 l. here to wit at Westminster aforesaid at that day they have ready notwithstanding the same sheriffs the said 125 l. had not here in Court of the Lord the King at that day nor have satisfied the same Humphry for the said 125 l. as by the information of the said H. to the King was made known and because c. that by honest and c. they should make knowne to the same T. and I that they should be here at this day to wit 15. Pas to shew if any thing c. wherefore the same H execution against them for the said 125 l. by them in Form aforesaid levyed ought not to have c. if c. And now here at this day commeth the said H. by his attorney aforesaid and offered himself the 4 th day against the said T. and I. in the plea aforesaid and they being solemnly called came not and the Coroner to wit W. F. now retorneth that he by vertue of the Writ aforesaid to him directed by F. N. and T. W. honest c. made known to the same T. and I. to be here at this day to shew in Form aforesaid c therefore it is considered that the said H. have execution against the same T. and I. for the same 125l by them in Form aforesaid levyed by default c. LOndon ss Pasch 11. Jac. Rot. 620. The entry of a Sci. fac upon a generall pardon Capias ut lagat Brownlow ss It was commanded the sheriffs that they should not omit for any liberty within their Bayliwick but that they should take H. H late c. otherwise called c. utlawed in London next before the Feast of St. Dunston the Bpp. An. primo c at the suit of G. E. in a plea of debt if c. and him in safty c. so
that they should have his body here at this day to wit 15. Pas to do and receive what the Court of the Lord the King here shall consider of him in that behalf and now here at this day cometh the said Henry by W. C his attorney and sayeth that after the utlawry aforesaid against the said Henry had and published by a certain Act in Parliament of the said Lord the King now by continuance held at Westminster in the county of Midd. the 9 th day of Febru in the seventh yeare of the Lord the King now amongst other things it is inacted established by authory of the same Parliament that all and singular subjects of the said Lord the King aswell spirituall as temporall of this kingdom of England Wales the Islands of I. and G. and the Towne of Barwick the heires successors executors and administrators Pardon pleaded of them and every of them and all and singular corporations in any wise incorporated Cities Borroughs Counties Rideings c. and every of them And the Successor and Successors of them and every of them by the authority of the same Parliament should be acquitted pardoned released and discharged against the said Lord the King his heires and successors and every of them of all Treasons Felonyes offences contempts Trespasses entries injuries deceipts misdemeanors penalties Summes of monies Punnishment by death corporall punishments and pecuniary and generally from all other things causes complâ—ints suits judgments and Executions in the statute aforesaid not excepted nor Foreprised which by the said Lord the King by any meanes or in any other manner could be pardoned before and untill the 9. day of November then last past before the making of the said Act to every or any of his subjects Corporations incorporat Cities Burroughs c. or any of them yet so notwithstanding that every person utlawed shall prosecute his writ of Scire Facias against such party or parties at his or at whose Suit he or they were utlawed before the pardon in such case be allowed to the party utlawed as in the same Act is more fully contayned and the said Henry further saith that the utlawry aforesaid is not excepted nor Foreprised in the same statute Averment that the Utlary is not Averment that he is a Subject and that he is and at the time of the making of the said Act and long before was a subject and leige man of the said Lord the King now born under his obedience to wit at London in the parish c. and this he is ready to verifie where when and how the Court of the Lord the King now shall consider thereof whereupon it is not intended that the said Lord the King will impeach the said Henry by occasion of the utlawry aforesaid whereupon he prayeth judgment that he may be discharged from the said utlawry and because it is expedient and there is a necessity that the same Griffin should be premonished for his interest in this behalfe before the discharging of the same Henry from the utlawry aforesaid be further proceeded in according to the Form of the staute aforesaid The sheriffs are commanded that by honest c. they make knowne to the same G. that he be here in Cr. Ascen Dom. to prosecute against the same Henry his plea aforesaid if c. at which day came the same Henry by his attorney aforesaid and the sheriffs Sci fac awarded Sheriffs returne Sci fac Mercy to wit E. R. and A. P. now retorne that they by vertue of the writ aforesaid to them directed by I. W. and R. G. honest c. made knowne to the same G. of being here to this day to prosecute in Form aforesaid he the fourth day of the plea being solemnly called came not nor any whit further prosecute his said Writ therefore he and his pledges are thereof in mercy let the names of the pledges be inquired of And that the said Henry goe thereof without day Generall Pardon allowed c. and that the generall pardon aforesaid be allowed him c. Count in debt upon a Sci fac upon the generall pardon PAsch 12. Iac. Rot. Brownelow retorn Mense Pas to follow in Form aforesaid c. and now here at this day to wit Mens Pas came aswell the said William by his attorny aforesaid as the said Tho. by R. D. his a torny and the sheriffs as before now retorneth here that he hath nothing c. nor is to be found c. And hereupon the same Tho. declaring against the said Will upon his originall writ in the plea aforesaid said that the said W. had not rendred to the said T. 20 l. which to him he oweth and unjustly detayneth c. for that to wit that whereas the said W. the 20. day of Octo. An. c 3. at London in the parish and ward aforesaid by this certaine writing obligatory granted c. M 1. and 2. Eliz. Rot 1248 in a Scire facias against B. and A. upon a Recognizance one of the defendants is alleaged to be dead and one other processe against him and the others prayeth imparlance ss THe sheriff was commanded whereas R. C. and I. his wife in the Court of the King here had recovered against I. H Sci fac against a Tenant by Elegit and part of the monie levied the Tenant against whom the execution was brings the residue and a redelivery awarded 68 s. for their damages which they had by occasion of the detaining of the dower of the same I. of the Tenements in N. of the indowment of I Son of I. H. her late husband as by a certaine Jury of the country before the Justices of the King assigned to take the assize in the county aforesaid such a day and yeare at Wigo thereof between them Summoned and taken was convicted and the same R and I. came afterwards into the court of the Lord the King here and chose to be delivered to them all the goods and Chattles of the said I. H. besides the Oxen and Cattles of the Plough and likewise the moyety of all his lands and Tenements in his Bayliwick to hold as their free Tenements to them and their assignes accor to the Form of the statute in such case provided untill 68 s. for the damages aforesaid should be thereof levyed whereupon the King commanded them that al the goods and chattles of the said I. H. besides his oxen Cattle of the Plough and likewise the moyety of his lands and Tenements in your Bayliwick without delay you cause to be delivered to the same R. and C. by the resonable price and extent to hold to them and their assignes as their Free Tenement in Forme aforesaid untill 68 s. for their damages aforesaid should be thereof Levyed and in what sort Elegit awarded Return of the Elegit c. should be made Known here such a day c. the same sheriff to the justices of the King
sixteen pounds and ten shillings The record of the Assize certifi d into the Bench. and that the same T.C. should be thereof in mercy as by the Record and proceedings therein the Justices of the said Lord the King here to wit at Westminster at the command of the Lord the King sent and in the same Court here before them remaining manifestly appeareth Execution notwithstanding of the judgement aforesaid yet remaineth undone and the same T.T. is dead as by the information of T. T. Esquire son and heir of the said T.T. his Father and Executor of the Testament of the said T.T. his Father the King understandeth and because c. that by honest c. he should make known to the same T.C. that hee should be here in 8. Sancti Michaelis to shew if any thing c wherefore the same T. T. the son Execution upon the judgement aforesaid ought not to have if c. At which said 8. Sancti Michalis Adjournment untill Mens Michaelis ANd now here at this day came as well the same T.T. the Son by E. S. his Attorney as the same T. C. premonished c. by I. A. his Attorney and the sheriff now returneth that he had made known to the said T.C. of being here at this day to shew in Forme aforesaid c. by M. H. and E. H. honest c. and hereupon the same T.T. son and heir bringeth here into Court the Letters Testamentary of the said T.T. his Father by which it appeareth to the Court here the same T. T. the son to be Executor of the Testament aforesaid and thereof to have the Administration c. And as Son and heir of the said T. T. his Father prayeth that the Nusance aforesaid by the view of the Recognitors aforesaid may be removed and that the banck aforesaid may be cast down c. so that the water aforesaid by the gutter aforesaid through the same close of the same T.C. called H. and from thence unto the common River called Fosse in the said County of Lincoln into its ancient course at the charges of the said T.C. may be reduced and as Executor of the Testament aforesaid prayeth Execution for the Damages aforesaid to be adjudged unto him c. ANd the same T.C. nothing to hinder the Execution of the judgement aforesaid sayth whereby the same T. T. the son remaineth against the same T.C. therein without defence N. l. dic Therefore it is considered that the said T.T. son and heir of T.T. his Father and as Executor of the Testament aforesaid have Execution of the judgement aforesaid against the same T.C. in forme aforesaid given c. P 21. Iac. rot 1816. Brownlow Norff. ss Entry of a Sci. fac for the Tenant in a wâ—it of dower to have execution of the lands to the vaâ—ue c. of the third part recovered in dower after seisin hod af the third paâ—t demanded for the demandant against the Tenant It was commanded the sheriff whereas Ioane Morrell widdow who was the wife of John M. Gent. lately in the Court of the Lord the King now here to wit at Westminster had demanded against Robert Long Gent the third part of one Messuage c. with the Appurtenances in H. as her Dower which hapned to her out of the free Tenement which was of the said I her late husband by writ of the Lord the King Dedo te unde nichil habet And the same Robert in the same Court of the Lord King here called Iohn N. Gent. summoned in the County aforesaid to warrant against her which said Iohn M. summoned afterwards in the Court of the Lord the King here made default by which it was then considered in the same Court of the King here in the Terme of Saint Michael Anno Regis nunc 18. that the said Ioan should recover her seisin against the same Robert of the third part aforesaid with the appurtenances and that the same Robert should have of the third part of the said I. N. to the value of the third part aforesaid with the Appurtenances by default of the sayd I. N. and although the same Ioan hath obtained her seisin of the third part aforesaid with the appurtenances by vertue of the judgement aforesaid neverthelesse the same Robert of the third part of the same I. N. to the value of the third part aforesaid hath not attained and because c. that by honest c. he should make known to the said I. N that hee should be here at this day to wit A Die Pas in â—unam mensem to shew if any thing c. wherefore the same Robert of the third part of the same I N. to the value of the third part aforesaid with the Appurtenances according to the Forme of the Recovery aforesaid ought not to have c. And now here at this day came the same Robert by Luke Constable his Attorney and offered himselfe the fourth day against the said I. N. in the same plea and he being solemnly called came not and the sheriff now returneth that he by vertue of the Writ aforesaid to him directed made known to the same I.N. of being here at this day to shew in form aforesaid by Iohn Doo and R. R. c. Therefore it is considered that the same Robert have Execution and seisin against the said I.N. of the lands of the said I. N. to the value of the third part aforesaid with the appurtenances by default c. and hereupon the same Robert prayeth a Writ of the Lord the King to be directed to the sheriff of the County aforesaid to cause to be made to him full seisin of the Lands of the said Iohn N. to the value of the third part aforesaid with the appurtenances to hold to him in severalty by metes and bounds and it is granted to him returnable here in Crastino sancti Trinitatis c. T 21. Iac. rot 3360. Brownlow Dorset ss Sci. fac sued by the administrators to have Execution upon a judgement had by them as administrators Hurding and Martin Admistrators of Martin sue out a Scire facias upon a judgement had by them as Administrators M. 18. Iac. against Starr for fourteen pounds as for six pounds and have Execution by default without shewing the Letters of Administration Quaere for they brought them into Court upon the first declaration H 21. 21. Iac. rot 3150. Gulston Otherwise as it appeareth in Mich. Terme Anno 21. Entry of a Sci. fac against the sheriff to render to the plaintiff so maâ— catrell as were replevied by him by pledges for that the pledges are insufficient Quaere whether such writ ought to be brought in Middlesex where the record of the recovery remaineth or where the Testat Sci. fac is to wit in the county of Surrey 18 E. 4. 18. and 22. 9 H. 6. fol. 42. 15 24. 19 2 H. 6. 15. 21 H. 6. 40. 4 H. 7. 67. 10 H 7. 11. 3
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
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
may be spared about the Issue of the Country in this behalf to be tryed prayeth himself to be admitted to make a Fine with the said Lord by occasion of the premisses c. And hereupon the said T. R. found pledges in Court here to the said Lord the King for that contempt to wit T. S. and R. C. whereupon the Justices of the Lord the King here do assesse the Fine of the said T. R. by occasion of the Premisses ad propert sup dict Therefore the said T.R. of that contempt be quiet and go thereof without day c. P. 3. Ca Reg. rot 42. amongst the Pleas of lands Brownlow The admission of the third Prothonotary unto his Office Be it remembred That the seventh day of May that same Tearm Thomas Richardson Knight chief Justice of the Lord the King of the Common Bench here freely granted to R. M. Gent. one of the Clerks of Richard Brownlow Esquire chief Prothonotary of the Court of Common Bench aforesaid here the Office of the third Prothonotary of the Bench aforesaid here now being void by the death of Thomas Waller Esquire late third Prothonotary of the same Court of the Bench aforesaid here And admitted the same Robert to that Office to have hold and enjoy to the same Robert for term of his life as his free Tenement according to the custome of the Court aforesaid from the time whereof the memory of man is not to the contrary used and approved And also the same Robert as wel the Oath of the Kings Supremacy according to the form of the Statute in this case made and provided as his corporall oath well and faithfully to carry and behave himself in the same Office before hand taken as the custome is into corporall possession of the same office put and instituted to hold occupy and enjoy the same in form as aforesaid so fully and wholly and in the same manner and form Vad. as the same Thomas Waller late had and occupyed the same office perceiving in the same office Wages Fees Profits Commodities and Emoluments to the same office due and accustomed c. T. 12. Ed. 4. Rot. 494 Copley Midd. ss The admission of the second Prothonotary unto his Office Be it remembred that William Comberford lately having and occupying in the Court of the King here the Office of one of the Prothonotaries of this Court the same to wit the office which Thomas Brown during his life-time in time past and immediatly before the same Thomas Brown had exercised and occupyed and which said office William Wakefeild during his life time in time past and immediatly before the same Thomas Brown had exercised and occupyed the eleventh day of June that same tearm died after whose death that office was vacant and continued so vacant until the fifteenth day of June then next following which said fifteenth day John Fogge Knight chief Clerk of the Lord the King and Keeper of the Rolls of the said Lord the King of this Court to whom by reason of that office the Donation or Presentation of one of the Prothonotaries of this Court is known of right to belong Came here in Court in his proper person and gave to the Court here to understand that the said office of one of the Prothonotaries by the death of the said William Comberford was void and gave and granted to Roger Brent and constituted and ordained him to have and occupy that Office And the same Roger being in his proper person to be admitted to the said office was presented to Thomas Bryan chief Justice of the Lord the King of this Court to whom by reason of his office belongeth the admission of every person to the same office whensoever it is void by the chief Clerk of the Lord the King and keeper of the Rolls and Writs of the said Lord the King of this Court for the time being present requiring the same chief Justice that he would admit the same Roger to the said office of one of the Prothonotaries and that he would think worthy to put in full possession of the same And hereupon the same chief Justice here in the premisses by mature deliberation and advisement And as well to the ability as to the long and tedious continuance attendance and exercise of the said Roger in this Court consideration and respect being had admitted the same Roger to that office and swore him well and faithfully to occupy and exercise the same office and put the same Roger into full possession of the same office to have and exercise the same to the said Roger for tearm of his life as fully and entirely and in the same manner and form as the same William Wakefeild T. B. and W. Comberford or any of them or any other the said office before their times had and occupyed receiving in the same Wages and Fees Profits Commodities and Emoluments to the same office due and accustomed Accedas ad cur to remove a plaint cut of a Court Baron c. and a Procedendo granted for that the cause is sufficient to remove the plaint and the Common Bench will not hold plea thereof M. 13 44. Eliz. Rot. 2175. T 18 Iac. Rot. 1959 H. 9 Jac. Rot. 2008 1425. Accedas ad Curiam T. 13. Eliz. Rot. 1276. ss The Lady the Queen sent to the Sheriff of Southampton her Writ closed in these words Elizabeth c. That taking with you four discreet and lawfull Knights of your County In your proper person you come to the Court of Gabriel White Esquire in O. in full Court there and cause to be recorded the Plaint which is in the same Court without our Writ according to the custome of the same Court between William Marquesse of Winchester and the Lady Eliz. Warham Widow of a certain Trespasse to the said Marquesse by the same Eliz. done as is said and bring that Râ—cord before our Justices at West in Cro. Trinitatis under your Seal and the Seals of four lawfull men of that Court who shall be present to the same Record and that you prefix the same day to the parties that they should be then there to proceed in the same Plaint as shall be right And have you there the names of the same four lawfull men and this Writ Witnesse our selfe at Westminster the eigth day of May An. c. 13. because the same Eliz claimeth to hold the Tenements wherein the Trespasse aforesaid is supposed to be done by the Common Law Cause and not according to the custome of the Mannor of O. for which that Plaint in the same Court ought not further to be drawn let execution be done upon that Writ if the cause be true and the same Eliz. shall desire this or otherwise not By vertue of which said Writ G. Wells Esquire Sheriff of the County aforesaid now here at the said Cro. Trinitatis returned that he took with him S. C. I. H. G. H. and I.H. four discreet
follow in these words Henry by the Grace of God c. to the Sheriff of Kent greeting whereas in the Statute in the Parliament of the Lord Henry late King of England our Father at Westminster lately held amongst other things it was ordained and established that such who are Sheriffs Bayliffs for one year should not be in any such Office for three years next following except Sheriffs Bayliffs whose Sheriffaldries are Hereditary And you by your Oath lately taken are bound firmly to observe the statute aforesaid And we have understood that N. K. one of your Bayliffs of your County which Sheriffraldry is not hereditary to you as it is said hath continued by more years in the same Office against the form of the statute aforesaid we willing inviolably to observe the statute aforesaid command you as other times we have commanded you that if it be so that then you remove without delay the same N. from his said Office and suffer him not further to execute in the same Office in the County aforesaid against the form of the statute aforesaid or signifie the cause to us wherefore you have non-obeyed our command at another time therein to you directed Teste humfr Duce Glouc. Keeper of England at West 17. Febr. An. Reg. nostri 9. Capias ad Satisfaciendum Entry of a Testat Casam for residue of a debt whereof parcell was levied upon a Testat Fi. fac Here the return of nulla bona by the Sheriff of Wilts is not recited which ought to have been Parcell levied nulla bona returned P. 6. H 8. rot 158. T. 5. Eliz. rot 381. Cap. after Elegit after an nihil is returned Non invent returned Testat casam awarded to the Sheriff of Glouc. T 13. Jac. Rot. 632. Brownlow C. Glouc. ss The Sheriffs were commanded that of the Lands and Chattels of R.F. c. otherwise called c. Gent. they would cause to be made as well a certain debt of a hundred and sixty pounds which R. F. in the Court of the Lord the King now here recorded against him as eighty shillings which to the same R. in the same Court of the Lord the King here were adjudged for his damages which he had by occasion of detaining of that debt And that he should have those monies here at this day to wit in Cro. Trin. to render to the same R. for his debt and damages aforesaid whereof he was convicted And now here at this day cometh the same R. by J. T. his Attorney and the Sheriff to wit R.B. Esquire now returneth that he by virtue of the Writ aforesaid to him directed of the Lands and Chattels of the same R. in his Bayliwick caused to be made sixty shillings parcell of the debt and damages aforesaid And further that the said R. had no other Lands and Chattels in his Bayliwick whereof he could make the residue of the debt and damages aforesaid or any parcell thereof hereupon the same R. prayeth a Writ of the Lord the King to be directed to the Sheriff of Witls where his originall Writt first issued to take the said R. to satisfie to the said R. of a hundred and sixty one pounds residue of the debt and damages aforesaid And it is granted to him returnable here Tres Trin. whereupon it was commanded the Sheriff of Wilts that he take the said R.F. if c. and safely c. that he may have his body here at the said Tearm to satisfie the said R. of the residue of the debt and damages aforesaid in form aforesaid And now here at this day to wit tres Trin. came the same R. by his Attorney aforesaid And the Sheriff now returneth that he is not found c And hereupon it is testified in the Court of the said Lord the King here that the said R. doth lye hid and run from place to place in the said County of Glouc. Therefore it is commanded to the Sheriff of Glouc. that he take the same R. if c. and fafely c. so that he have his body here in Cro. Annimarum to satisfie the said R. of the residue of the debt and damages aforesaid in form aforesaid c. Capias pro fine and entâ—y of an Exigent thereupon H. 26. Eliz. Rot. 1737. c. Ford. Angl. ss The entry of an Exigent upon a Capias pro fine T. 26. Eliz. Rot. 2148. c. Ford. Monmoth Lennard Custos br Crompton Chirographer Comâ—osition made by the Justices for Fines in Monmoth a composition made by the Justices for Fines in Monmoth shire SVff ss Hil 41. Eliz. Rot. 2118. ss It was commanded the Sheriff that of the goods and Chattells which were of R. S. of Entry of a Casam after a Fâ—fac and special return de devastavix against the Executrix upon the Inquisition c. at the time of his death in the hands of A. F. and M. his wife Executrix of the Testament of the said R. in your Bayliwick he cause to be made as well a certain debt of sixty pounds which T. B. in the Court of the Queen here to wit at Westm recovered against the said R. Smith as twenty shillings which to the said T. in the same Court of the said Queen were adjudged for his damages which he had by occasion of detaining of that debt And that he should have the monies before the Justices of the Lord the King here to wit at Westm Mens Mich. to satisfie the said T. of the debt and damages aforesaid whereof he was convicted And whereupon it was considered in the same Court that the said T. should have execution against the same A. and M. of the debt and damages aforesaid of the Goods and Chattells which were of the same R. at the time of his death in the hands of the same A. and M. to be administred by default Recitall of the Testat fi fac de bonis testatoris Suggestion de bien And whereupon our Sheriffs of London returned to the Justices here to wit at Westm tres Trin. last past that the said A. and M. had no Goods or Chattells which were of the said R. at the time of his death in their hands in their Bayliwick to be administred whereof the debt and damages aforesaid or any parcell thereof they could cause to be made whereas it was testified in the same Court here that the said A and M. had sufficient of Goods and Chattells which were of the said R. at the time of his death in their hands in your Bayliwick to be administred Vic Mandavit ballino libertatis Nulla bona Suggestion that the Executor wasted divers goods with the intention that execution might not be done whereof they might cause to be made and levied the debt and damages aforesaid And the same Sheriff to the Justices here at that day returned that for the execution of that Writ he had commanded the chief Bayliff of the Lady the Queen of her liberty of
c. And the Kings Attorney informed against him for Forging of Writs and counterfeiting the Seale of the court And Pecock confessed the Forging of Writs but denyed the counterfeiting of the Seale but sayd that the writs were sealed with the Seale of the Kings Bench by the Keeper of that Seale of Fraude c. Ignorantly And he is committed c. Commitment for making of a faigned writ of Supersedeas assevering that he was one of the Judges servants whereas he was not Commitment to the Fleet up on a Cepi corpus upon a Capias velagat with a remittitur into London to answer a plaint there wherewith hee is charged after which the outlawry is discharged and security given in Court to answer the Plaintiffs upon a writ thereupon in debt Commitment to the fleet of one in execution upon a judgment in the Bench. M 8. H. 7 rot 419. the court is informed of a fictitious writ of Supersedias of Privilege for one assevering himselfe to be one of the Judges servants where he was not so And upon examination thereof he is committed to the Fleet And a Fine put upon him to twenty shillings P 19. Eliz. rot 2. ss It was commanded the Sheriffs of London that they should not omit c. but that they should take R. F. of c. Utlawed in London such a day at the suite c. And now here at this day came the same R. to the custody of the said Sheriffe brought here to the Barr And the same Sheriffs to wit A B now returne that they tooke the body c. The said Sheriffs also returned that the sayd R. is detayned in their custody by vertue of a certaine plaint against him the 10 day of May last past levied in the court of the Lady the Qu. before the said A. one of the Sheriffs c. by the name c. At the suit of I. A. and B. his wife in a Plea of Covenant broken whereupon the said R. is committed to the Prison of the Fleet of the Lady the Queen by occasion of the utlawry aforesaid there to stay untill c. And when as the said R. shall be pardoned or otherwise discharged from the Utlawry aforsayd there let him be remitted into the City of London to find sufficient securety in Court here to answer the said I. and B. in the Court here of the plaint aforesaid there levied upon a Writ thereof by them in the court here to be prosecuted c. T 25. Eliz. rot 21.62 ss a Hab. corpus to T. H. in prison c. retornable c. And hereupon came here into the Court one G by B his Attorney prayeth that the said T may be committed to Prison in execution aswell for a certaine debt of 100 s. which c As for 10 s. which c. As it appeareth in Hill terme c. Roll c whereupon that Roll being seen by the Justices here It is demanded of the same T. whether he be the same person which is convicted to the said G. in thed debt and damages aforesaid or not who saith that he is c. Therefore the said T. aswell for those debt and damages as for those occasions in the Schedule aforesaid specified is committed to the Prison of the Fleet safely to be kept to stay there untill c. Commitment of one in execution upon a Sci. fac upon a Judgement H 5. Ia R rot 1757. Isham against Pill untill according to the forme of the recovery aforesaid if c. And here now at this day came aswell the said E by T R his Attorney As the said T. Pill in his proper person under the custody of I. P. warden of the Prison for the prison of the Lord the King of the Fleet by vertue of a writ of the Lord the King of an Hab. Corp. to the said warden directed was brought here to the Barr the Sher. now returneth that the said T Pill bath nothing c. nor is found c. And hereupon the said Eusebius prayeth execution against the said T. of his debr and damages aforesaid to him to be adjudged And the said Tho. Pill saith nothing in Barr or hinderance of the execution of the said E. aforesaid whereby the sayd E remayneth against the sayd Thomas therein without defence Therefore it is considered that the said E. have execution against the said Thomas for the debt and damages aforesayd c. Afterwards to wit the sayd 12. day of February that same Terme came here into the Court the same T. P. in his own proper person under the custody of the sayd warden of the said Prison of the Fleet by vertue of a Writ of the Lord the King of Hab. Corpus to the same Warden directly brought there to the Bar And at the petition of the sayd Attorney of the sayd E. there he is committed to the prison of the Fleet in execution for the debt and damages aforesayd there to stay untill c. M. 37. H. 6. Rot. 124. A Committitur entred of one committed to the Fleet for rasure of a Record in the Common Bench being convicted by his owne confession and afterwards was admitted to a fyne by pledg I. D. and afterwards set at liberty T 27. Eliz. Rot 12. London ss Entry of a Hab. Corpus at a day certaine and the causes certified and he was committed by the judgment Roll without any proces sued of Execution c. And now here at the sayd Thursday the sayd Prisoner in his proper person by the Sheriffs aforesayd brought here to the Bar And hereupon came here in Court W. O. attorny of B and sayth that he to wit in Easter Terme last past recovered here in Court against the sayd W. O. aswell a certine debt of 100 l. as 10 l. which c. whereof he is convicted as it appeareth in Easter Terme Roll. And prayeth that the said W. be committed to the Prison of the Fleet for that occasion Entry of a commitment of a Prothonotaries clerk and of a sheriffs clerk for rasing of a writ of execution in the test return for arresting of the defendant with the same writ before it was new Sealed T. 15 H. 9. rot 112 commit of an attorny for alting a counter-plea of the voucher H. 6. I rot 1002. entry of a Commitment of one P. to the fleet for rasure of a fine and a fine imposed upon him by the Court. H. 16. Eliz. rot 956. Grevills case examinaiion of fraud in the defendatns attorney for suffering a judgment the judgment is vacated and especiall entrey of a judgment New books of entries to 344. title Hab. corpus 1. Harisons case Dyer folio 149. The party in execution suggesteth to the court that the case issued out of the court in Easter termâ— retornable tres Trin. and that he was not found and that afterwards it was rased in the Test and retorn not sealed again that he was taken in
the behalfe of the said W. it is testified that the same administrators have sold divers goods and chattles which were of the said Richard at the time of his death And the monies for those goods and Chattles have converted to their own uses And that the residue of the goods and chattles of the said Richard by the administrators aforesaid are eloyned with the in intention that the said execution should not be made thereof Therefore the same sheriffs to wit W. C. and R. L. in mercy And are Fined by the Justices here at 20 s. And the Lord the King not willing that those things which in the Court here are rightly Acted and adjudged should by subtil Art and unfaithfull ingeny be infringed Commandeth the same shriffs that the said 40 l. of the goods and Chattles which were of the said Rich. at the time of his death being in the hands of the said Administraâ— if they can thereof levy them otherwise so much thereof as is deficient as the goods and Chattles aforesaid by the same Administrators sold or cloyned do amount unto as by the Inquisition in this behalfe to be taken or any other way wherein you can be better certified you cause to be made of the proper lands and Chattles of the said administrators and that you have those moneies thereof made here in Octob. Pur. beat Mariae to render to the said William for his debt aforesaid c. Entry of a Fâ—â— facâ— for damages in replevin the Sheriff returneth fieri fecit and bringeth not the monie into Coâ—uâ— nor paid it to the party A Sci fac is awarded to the Coroners against the Sheriff because the Plaintiff cannot have an execution against him for the moniâ—â— by him levied in forme aforesaid T 19. Jac Rot. 3313. Brownlow Buck. ss It was commanded the sheriff that of the Lands and Chattles of Anthony Chester Baron in his Bayliwick he should cause to be made 16 l. pounde which to Wil. Carpenter Gent. in the Court of the Lord the King here were adjudged for his damages which he sustained by occasion of the taking and unjustly detayning of the goods and chattles of the said W. by the same Anthony and T in a certaine place called Ozier Cob otherwise the Ozier Holm in the County aforesaid and that he should have those monies here to wit in Cro S. Trin. to render to the said William for his debt and damages whereof he is convicted And now here at this day came the said William by T. S. his attorny and the sheriff to wit H. Lee Knight and Barronet now here retorneth that by vertue of the said writ to him directed of the goods and Chattles of the said Anthony in his Bayliwick he causeth to be made those monyes which said moneys he hath here ready at the same day As by the said writ it was commanded him c. And because the same sheriff the monies aforesaid here at this day hath not ready to render to the said William for his damagas aforesaid in Form as aforesaid according to the command of that Writ Scâ— fac awarded â—oron against the Sheriff to him in Forme aforesaid directed nor hath hitherto payed the damages aforesaid to the said William nor otherwise contented Therefore the same sheriff to wit the same Henry Lee in mercy and is Fined by the Justices here at 40 s. And it is commanded to the Coroners of the county aforesaid that by honest c. they make known to the said Henry Lee sherâ—ff of the County aforesaid that he be here in Cro. Anim. to shew if any thing c. wherefore the same William execution against them fâ—r the said 16 l. by the said Henry in Form aforesaid levyed ought not to have of the proper goodslands and Chattles of the same Henry if c. IN this Case I conceive a doubt Nota quere for the Presidents are dubious in what County this Scire fac ought to issue whether out of the County where the return of the Fi. fac was made to wit in the county of Buch. or in the County where the record of the returne of the Fi. Fac. remaineth to wit in the County of M And Justice J then Serjeant and counsel with the pla and Brownlow Prothonotary agree that it ought to be awarded in the county where the action lyeth and so it was made H 16. Jac rot 2255. the like Sci fac and afterwards the matter was agreed 9. E. 4. fo 50. Br. Sci Fac. 134. A Sci. Fac. issued to the new sheriff by which it appeared that the Sci. Fac. issued in the county where the return was made And Br. retorne de Briefe 55. See H. 9. E. 4. Rot. 349. A. distringas nuper vic to render the monies by him levied awarded But by the said book of 9. E. 4. fo 50. it appeareth by Littleton that the Justices are advised upon the returne of the Fi. feci to award a Sci. fac and not a Distringas because upon the Distringas petit issues are retorned whereby the Plaintiffe is a long time delayed M 13. H 7. Rot. 307. Foringer of an attorney Midd. ss Be it remembred that the 8 day of November that same Term one Rowland Brigg one of the attornies of the Bench here present here in Court was solemnly called by the Court here to appeare and answer unto certaine matters Offences objections and impositions by him done as it is said and against him in the Court here imposed and objected Therefore the said R for his contumacy is forejudged from exercising his office of an attorney of this Court untill c. An attorney for iudged the Court for forgery of a writ committed sent to the courâ—s of the Queen the Exchequer and her Court to be loked upon For iudged of the Clerk of the Jurat for non attendance in his Office H 31. Eliz. Rot. 1720. A speciall entry of the imprisonment and Forejudging of an attorney of the Common Bench for Forging of a Supers de non molestando And note that he was committed to the Fleet and sworn that he would not afterwards prosecute as an attorney of the same court and was put out of the Barr of the same Court and sent by the Warden of the Fleet and sent up to the Queens Court to be looked upon there and afterwards in the Court of the Exchequer to be looked upon there M 9. Edw. 4. Rot. 328. Copleg Be it Remembred that Iohn Cheker who was admitted to the Office of Clerk of the Jurat and writs of Dedimus potestatem of this Court and was sworne well and faithfully to exercise and occupy the same to which said Office aforesaid of the said Iohn doth belong to receive Writs of Dedimus Potestatem of acknowledgment of Fines levyed to make writs of Nisi Prius and other Jurats out of the Court issuing from the exercise and attendance of the same Office for a long
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.
the whole time aforesaid to be replevied by the sheriffs Ministers of the City aforesaid for the time being by vertue of a plaint in the Court of the sayd Lady the Queen and her progenitors Kings of England held before the Sheriffs of the City aforesaid for the time being levied and not by writ of the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery and also that all the customes of the City aforesaid by Authority of Parliament of the Lord E late King of England after the Conquest at Westminster The Sheriffs are free men of London and held by their oath to observe the customes of the City the fifteenth year of his Reign held were ratified and confirmed to the then Mayor and Comminalty of the same City and their successors which said Liberties and free Customes of the same City they the same sheriffs and freemen of the City aforesaid before the purchasing of the said Originall Writ and alwaies afterwards hitherto being bound by oath have observed and are bound to hold without any violation for which causes the sheriffs aforesaid could not replevy the goods and chattells in the sayd Writ specified or do Execution upon the sayd writ nor can at the present but because it seemeth to the Court here that the Return aforesaid The Returne of the Sheriff vicious in form aforesaid made is as well in contempt and prejudice of the said Lady the Queen now and of her Court and also in Derrogation of her Crown and Dignity and manifest Danger of her Dis-inheriting and also that it giveth way and redoundeth to the immoderat damage and greivance of the same W and Delay of his suit therefore as before the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattells aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed Plur. repleg awarded and in as much c. They make appear here in 8 Sancti Hillarii c. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term to answer as well to the said Lady the Queen as to the same W of and upon the premisses further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalfe and in as much c. The same Coroner cause to appear at the same Term c. Pone Sheriffs returne upon a Pone adjudged void for that he shew edssino the cattell in specie named in the Returne See p. 3 El. Dyer fol. 199. pl. 54. Report of the case 21 E 4 fol. 23. M. 18. H. 6. rot 428. H 2. Eliz. rot 191. It is recorded by the Court here the third day of May in the year of the Raign of the Lady Elizabeth now 3. That the Returne aforesaid is vitious invalid and insufficient in Law for that there are no cattell named in Specie in the Return aforesaid contained for which the same Sheriff by vertue of a Writ of _____ was attached to be here at the said Octab. Pur. c. whereupon no judgement by the Justices then here for any forfeiture to be made to the Lady the Queen upon the Attachment by the Law of the Land ought to be given nor is given as it appeareth above and so the processe and extracts for the price or value of the Cattell aforesaid to be forfeited without Judgement and consent of the Court here by the Officers of the same Court without Warrant was made c. Quaere if not between Netherfall and Lawrence Priviledge H 45. Eliz. rot 818. Brownlow Lanc. ss At the return of a Capias against a servant of the câ—cife Cleâ—k of the Kings Bench the servant came in person into the Court of Common Beuch delivered to the Justices a writ of supersedias prayed the allowance thereof that they would not hold plea c A writ of priviledge for a servant of the cheif clark of the Kings bench It was commanded the Sherif that he should take John Wood late of Brenset in the county aforesaid Yeoman of c. and safely c. so that hee might have his body here at this day to wit in Octab. Sancti Hillarii to answer to T. L in a plea wherefore with force and arms one Messuage ten acres of Land with the Appurtenances in B. which Margeret Erlington widdow to the same T. devised for a Terme which is not past entred and him from his Farme aforesaid ejected and other Enormities c. To the great Damage c. and against the peace c. And now here at this day came as well the same T. by I. P. his Attorney as the same John Wood in his proper person and hereupon the same J W. brought here into the Court a certain Writ of the sayd Lady the Queen of Supersedeas in the cause aforesaid closed to them directed The Tenor whereof followeth in these words Elizabeth c. To our Beloved and faithfull Edmund Anderson Knight and his Associates Justices of the same Bench greeting As well of our Dignity as according to the ancient Custome used and approved of in times past hitherto obtained That our cheif Clark of the pleas in our Court before us ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints pleas of Free Tenement only excepted nor by the whole time aforesaid were accustomed And now in our Court here before us on the behalf of John Wood one of the servants of John Rooper Knight our cheif Clarke assigned to Roll pleas in our said Court before us It is given us to understand That one Thomas Lacke little regarding the custome aforesaid the same I W by the name of I. W. late of B. in the County of Kent Yeoman hath drawn into plea of a plea wherefore with force and armes one Messuage c. as above untill against our peace c. to the very great disprofit and greivance of the said I. W and manifest infringement of the Liberties and priviledges aforesaid in our Court before us by the whole time aforesaid hitherto used and approved whereupon we are willing to provide him a fit speedy remedy to observe the Liberties priviledges aforesaid for so long time used infringed We command you that from further holding of the plea aforesaid before you or compelling him the said I. W. further to answer before you in the plea aforesaid ye be altogether superseded saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will Teste Iohn Popham at Westminster the twenty fourth day of January Anno Regni nostri 45. Rooper Which said Writ being read and heard the same Iohn Wood saith That he is and at the day of purchasing of the Writ
of the said T. Lacke was servant of the said Iohn Rooper Knight Cheif Clarke of the said Lady the Queen now assigned to enroll the pleas of the said Lady the Queen before the same Queen and prayeth that the said Writ of Supersedeas according to the Forme of the same Writ to be granted and allowed to him and that the Justices here will not take Cognizance of the plea aforesaid against him c. Counter plea to the writ of priviledge that the Defendant is farmer of the said cheif clark of dives lands c. and traverseth that he is a fervant to him and abiding with him attending in the office Traverse And the said Thomas saith That the Court here for any thing before alledged ought not to be repelled from the having and taking Cognizance of the plea aforesaid because he saith That the said Iohn Wood at the day of the purchasing of the Originall Writ of the same Thomas to wit the same seventeenth day of September Anno c. 44. was Farmer of the same I Rooper Knight of certain Lands of the said I. at B. aforesaid in the said County of Kent without this that the same I W the same day of purchasing of the Originall Writ of the same T. or at any time afterwards was servant of the said I.R. Kinght abiding with the said I. or attending the said I R in his affaires in the Office aforesaid and this he is ready to verifie as the Court shall consider and prayeth the Supersedeas not to be allowed him and that the Court would take further Cogn zance against him c. Demurrer to the counter plea ANd the same Iohn Wood saith That the said Plea of the said T. above pleaded to adnull the said Writ of Supersedeas and also the matter in the same plea contained are insufficient in Law to deprive the same I W. from having the said Writ of supersedeas allowed or that the Court here should take further Cognizance against him in the plea aforesaid and that he to the plea aforesaid in forme aforesaid pleaded hath no need nor by the Law of the Land is held to answer and this hee is ready to verifie Joinder in Demurrer whereupon he prayeth Judgement that the said Writ of supersedeas according to the form of the said Writ may be granted and allowed unto him and that the Justices here would not take further cognizance against him in the plea aforesaid c. And the same T. from whence he sufficient matter in Law to deprive the same I W from having the said Writ of super and that the Court here should take further Cognizance against him of the plea aforesaid hath above alledged which he is ready to verifie which sayd matter the same I. W. doth not gainsay nor any wise answer to the same but doth altogether refuse to admit of the verification thereof prayeth judgement if the said Writ of Supersedeas ought to be granted or allowed unto him and that the Court would take Cognizance against him the said I. W. in the plea aforesaid and because the Iustices c. M. 9 Jac. rot 705. ss A Writ of priviledge allowed for one of the six Clarks of the Chancery The Lord the King sent to his Justices of the Common Bench here his Writ closed in these words James by the Grace of God c. To his Justices of the Bench greeting Whereas the Masters Clarks and Officers of our Court of Chancery and of our progenitors late Kings of Eng and also their servants and familiars whosoever to answer in our Court before you or before any of our Justices or Ministers or other secular Judges whatsoever besides before us in our Chancery aforesaid upon any Writs Causes or Complaints Trespasses Actions or Demands which concern not our person pleas of Freehold Felonyes and Appeales only excepted according to the Jurisdiction Liberties priviledges and Customes of our Chancery aforesaid from the time whereof the memory of man is not to the contrary hitherto obtained ought not to be drawn compelled or imprisoned nor hitherto were wont And now we understand that W. S. Knight doth implead in our Court before you Valentine Saunders Esquire one of the six Clarkes of our Court of Chancery aforesaid for 400 pounds which the same W. doth demand of the said Valentine as it is sayd in Derogation of our Court of Chancery and against the custome aforesaid and because we will inviolably observe the Jurisdiction Liberties priviledges and customes aforesaid We command you that from further holding before you of the plea aforesaid by whatsoever name the same V. be reputed you be altogether superseded declaring to the sayd W. on our behalfe that he follow against the same V. before us in our Chancery aforesaid and no where else If it seeme expedient for him Teste c. 9 November Anno 16. and 45. By pretext of which sayd Writ the Rolls and other Memorables of the Court of the Lord the King here remaining being searched it sufficiently appeareth upon Record that before the same writ of supersedeas was delivered to the said Justices here the same V was put in Exigent in the Hustings of London to be outlawed at the suit of the said VV. in the plea aforesaid which said writ of Exigent before the Justices here is returnable in Octab. S. Hillarii whereupon the same Valentine for his indempnity prayeth a writ of the Lord the King to be directed to the Sheriffs of London to supersede the Execution of the said writ of Exigent so that the same VV. at that day may shew if he can wherefore the same Va the priviledge of the Court Chancery of the said Lord the King according to the forme and effect of the writ aforesaid ought not to have if c. and it is granted to him returnable here at the same Terme c. The same day is given to the said V. here c. H Il. 1. and 2. Eliz. rot 630. The like writ is allowed for a Chancery Clarke H 18 El. rot 602 the like writ is allowed T. 19. El. rot 1213. H. 25. Eliz. rot 2019 A writ of priviledge for a Prothonotaries clarke of the Kings Bench allowed in the Common Bench. P 44 Eliz. rot 1841. The Lord the King c. reciting the writ of priviledge for Richard Swaine Doctor of Lawes one of the Masters of the Chancery Teste Anno 44. and for that the plaintiff alledged nothing in court here wherefore the said writ ought not to be allowed him therefore the plea aforesaid against the same R in the court of the King here shall be no more attempted c. M. 11 H 7 rot 133. T 5 Jac. rot 750 P 18 Jac. rot 1795. for M. P 13. Jac. rot 2192. P 11 Iac. rot 1368. P 36 Eliz. rot 320 P 8 H 7 rot 130. Allowance of a writ of priviledge for T.S. his Clerke one of the servants of our beloved clarke I.B. keeper
die in sancti Martini in 15 dies to shew if any thing c. wherefore he so many cattell to wit three Geldings four Oxen five Cowes seventy sheep and one Calfe or the price of them for the insufficiency of the pledges aforesaid and against the Forme of the statute in this case provided taken to the same Edmund Travers in the name of the return of the cattell aforesaid by him first taken and by the same R. Raye eloyned ought not to be rendred according to the Form of the statute aforesaid if c. At which day here came as well the said Edmund Travers by his Attorney aforesaid as the same R. M. premonished c. by George Bretton his Attorney and hereupon the same Edmund Travers prayeth that the same R. M. the cattell aforesaid to wit as above and the same M. by Henden serjeant in Law demurreth And for cause sheweth that it appeareth not for the said writ of scire facias whether the pledges aforesaid were taken by the same R. M. then sheriff of the said county of Surrey being upon any plaint before the same Sheriff in the County Court of the said County of Surrey by the same R. Ray against the said Edmond Travers before then levied or upon any writ of the said Lord the King De averiis Replegiand issuing out of the Court of Chancery of the said Lord the King as by the statute therein made is provided and also that the plea aforesaid and the proceedings in the same plaint whereupon the pledges aforesaid are supposed to be found do not appear in the same writ of Scire facias as they ought to appear and this he is ready to verifie whereupon for Defect of sufficient writ of Scire facias in this behalfe the same R. M. prayeth judgement and that the said Edmund from having returne of the cattell aforesaid against the said R. M. may be barred c. Harris Serjeant joines in demurrer Note Reader That the Owner of the Originall copy converted this writ in the beginning thereof to wit from of which said taking c. untill at Westminster aforesaid had for defect of which matter the Defendants councill demurred in Law and shewed the causes but the Record is as the originall Scire facias is As also for his own learning and because of the president 21 Ed. 4. fol. 30. Fitzh sci fac 113. 27 H. 6. fol. 7. Ibidem pl. 34. 9 E. 4. fol. 50. were vouched to maintain this Scire facias because it is _____ of the said Lord the King Fest remed and the plaintiff therein shall recover no damages which is for the benefit of the Defendant H 22. Iac. rot 2426. Etntry of a writ of Scire fac in debt for the demandant against a st anger wherby he afer a recovery had against the tenant and before execution sued enters into the third part recovered by writ of dower unde riens avorit The tenant dieth Brownlow Essex ss In was commanded the sheriff whereas Iohn Frith and Agnes his wife lately in the Court of the Lord the King now to wit in Easter Terme An. Regni c. 22. before Henry Hobert Knight and Baronet and his associates then Iustices of the said Lord the King of the Common bench here to wit at Westminster by the consideration of the same Court had recovered their seisin against Samuel Ram of the third part of Tenn acres of wood with the appurtenances in Dagenham as the dower of the said Agnes of the indowment of William Humphery her late husband by our Writ of Dower unde ni chil hat c. As by the record and proceedings therin in the same Court of the King here remayning it manifestly appeareth And the same Samuel is dead and one Mary Ram widow is entred into the third part aforsaid with the appurtenances and holdeth the same against the Form of the recovery aforesaid as by the information of the same Iohn and Agnes the King understandeth and because c. that by honest c. he should make knowne to the said Mary that she should be here at this day to wit in 8. Pur. beatae Mariae to shew if any thing c. wherefore the same Iohn and Agnes An estranger enters into the lands recovered and holds them against the recovers seisin execution of the third part aforesaid with the appurtenances against her ought not to have according to the Forme of the recovery aforesaid if c. And now here at this day came the same Iohn and Agnes by G. P. their attorney and offered themselves the 4. day against the same Mary in the plea aforesaid and she being solemnly called came not and the sheriff to wit Scire fac returned Iudgment that the demandant have execution of the third part by default c. Edward Botler Knight now retorneth that he by vertue of the Writ aforesaid to him directed to Iohn Humfery and Humphery Clark honest c. hath made knowne to the same Mary Ram widow that she should be here at this day to shew in Forme aforesaid c. therefore it is considered that the same I. and A. have seisin and execution against the same Mary of the said third part aforesaid with the appurtenances by default c. H 22. Jac. Rot. 1688. Brownlow Midd. ss The sheriff was commanded whereas Thomas Holt lately in the Court of the Lady Eliz. late Queen of England to wit Entry of a writ of Scire fac upon a judgment in a writ de annuo redditu to have execution de arreragiis incuâ—sis after judgment P 10 H 4 rot 123 rot 224 127 tiel 12 H 7 8 40 E 3 4 11 H 4 34 6 E 6 134 13 2 H 6 9 Pl. 6 23 H 8 fo 5 Br. No cases 28 accord with this Scire fac execution 119. Scire fac 203. in the terme of the holy Trinity in the yeare of the Reigne of the said late Queen 32. before James Dyer Knight and his associats then Justices of the said late Queen of the common Bench at Westminster by the course of the same Court had recovered against Iohn Bradshaw late of Bradshaw in the County of Lanc. Esq otherwise called c. a certaine annuall Rent of 80 s. to the same Tho. and his associets for term of life of the said T. at the severall Feasts of the Nativity of St. Iohn the Baptist and the birth of our Lord by equall portions to be paid yearly as by the Record and proceedings therein in the same Court of the Lord the King now here remayning it manifestly appeareth And 20 l. in arrearages of the yearly rent aforesaid after the judgment aforesaid given for five whole yeares ended at the Feast of S. Iohn the Baptist An. Regni c. 22. to the same Thomas are in arreare and not paid as by the information of the said Thomas the King understandeth And because c. that by honest c. he should
in Forme aforesaid published and the judgment thereupon by the said Coroners given they have here at this day to wit in Oct. S. Trin. That the same justices may doe therein what of right and according to the Law and custome of England ought in this behalfe to be done and now here at this day came the same W. H. by W. B. his attorney and because the Coroners of the County aforesaid the writ aforesaid which was otherwise delivered to them to be executed in Form of Law had not here at this day Miserec XL s. Therefore the said Coroners to writ H. T. and I. L. in Miser And are fined by the Iustices here at 40 s. P 12. Jac. Rot. 2243. Goldesbursh Montgomery ss E. P. Esquire sheriff of the County aforesaid for that he returned not here in court a certaine writ of Capias utlagat against M. P. at the suite of R. O. Kni. in a plea of Debt retornable before the Justices here Mens Pas that same Term. in mercy c. And is fined by the Iustices aforesaid at 60 s. See Grislyes case Cok. 8. fo 40. B. according to the old book of entryes title record M. 27. H. 7 rot 531. Amerciament det ver at 10 l. for not returning the Habeas Corpus Jur. Devant the Justices de Nisi prius P 13. Jac. rot 733. Brownlow Sar. ss Reversall of an Utlary for insufficient return of a Certiorare It was commanded the sheriff that he should not omit for any liberty of his county but that he should take H N. of c. utlawed in London on Monday next after the Feast of S. Leonard the Abbot An. regis c. 12. at the suite of Henry Breton in a plea of debt if c. so that he might have his body here at this day to wit A dâ—e Pas in 15. dies To do and receive what the court of the King here should consider of him in this behalfe and now here at this day came the said Henry N. in his proper person and the sheriff to wit Rowland Traps Esquire now retorneth that he by vertue of the said writ to him directed took the body of the said He. N. whose said body he now hath here ready as by the said writ it was commanded him c. And hereupon the said Henry N. prayeth the hearing of the writ of Cerciorare whereupon the utlawry aforesaid by Iohn Gore and William Gore then sheriffs of London To the court of the Lord the King here was certified and to him it is read in these words London ss we I. G and W G. sheriffs of London do certifie to the Justices of the Lord the King at Westminster in the writ to this schedule annexed specifyed that searching the roles records and other memorables being under our custody we find in the same that Henry N. of A. in the County of Sur. Esquire in the writ aforesaid named put in the hustings of London being five times called and not appearing he was utlawed in mannor as followeth That is to say at the hustings of the Common pleas held in Guild-hall in the City of London upon Monday next after the Feast of c. An. Rs. c. 12. the said Henry N. was the first time called and appeared not and at the bustings of the Common pleas held in Guild-hall c. on Munday next after the Feast c. An. Sup. the same H. was the second time called and appeared not The answer of H. Iay and T. B. sheriffs That writ as above indorsed was delivered subscirbed to the sheriffs by the said sheriffs at their departure from theire office At the hustings of common pleas held at Guild-hall of the City aforesaid on Munday next before the Feast c. An. Supr the said Henry was the third time called and appeared not At the hustings of the common pleas held c. The said Henry was the fourth time called and appeared not at the husting c. The said Henry was the fift time called and appeared not Therefore he was utlawed The answer of P. P. and M L. sheriffs and this is the utlawry in manner and Forme as it is published against the said Henry Nudigate which we have ready before the Justices at the day and place contayned in the same writ according to the intent of that writ The answer of Iohn Gore and William Gore sheriffs which being read and heard the same H. Nudigate saith that he is injured in this behalfe and that by the law of the land ought not to be charged with the said utlawry because he saith that in the retorne aforesaid between these words said sheriffs a certaine materiall word is omitted to wit late so that by the omission of the said word it doth not appeare by the returne aforesaid by which sheriffs the said Henry N. was the third fourth and fift time called or by the said sheriffs now or by the said late sheriffs as it ought to appeare by the said retorne For that cause the said returne is insufficient in Law and this he is ready to verifie whereupon he prayeth judgment that he may be discharged from the said utlawry whereupon the said return being seen and by the said Justices here being fully examined and understood It seemed to the Justices here that the allegation of the said H. N. is true in his discharge from the utlawry aforesaid therefore it is considered that the said utlawry be adnulled and altogether taken for nothing And that the said H. N. for that occasion be unmolested not in any thing grieved But goe therein quiet c. Vtlary reversed for variance between the Record and the writ of Exig fac T 7. Jac. rot 3608. Brownlow Sussex ss It was commanded the sheriff and so recite the Capias utlagat as in the next before as by the said writ to him it was commanded c. which said Francis being so taken and had prayeth bearing of the writ of Exigent whereupon the same F. at the suite of the said W. in Forme aforesaid is utlawed And it is read unto him in these words James by the Grace of God c. reciting the writ and Test untill you come to and of Scotland the XL. he also prayeth the hearing of the record whereupon that writ Issued And it is read unto him in these words ss It was commanded the sheriff that he should take Francis Challoner late of c. in the county aforesaid Esquire otherwise called F. C. de L. in the County of Sussex Esquire if c. and safely c. so that he shall have his body c. and so recite the whole entry untill you come to in Forme of Law to be executed c. which being read and heard the said Francis saith that he is injured in this behalfe and that he by the law of the land ought not to be charged with the utlawry aforesaid because he saith that there is manifest variance between
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
named I. B. was the first time called appeared not c. Return of the Exigent which being read and heard the same administrator saith that the utlawry aforesaid against the said I. in Forme aforesaid published and had is altogether void and of no Force nor effect in law because he saith that in the retorne aforesaid whereas it is expressed the said Iames to have been called at the said first county a certaine principall word to wit Norff. betweene these words meum Tent. which should denote and declare the name of the County aforesaid is omitted out of the said return whereby no first county by the law of the land was held To which the said Iames in his life time could render himselfe to the said sheriff of No. to save himselfe from the utlawry aforesaid And for that cause and others being in the retorne aforesaid That retorne is insufficient in law And this he is ready to verifie whereupon he prayeth judgment that the utlawry aforesaid may be reversed avoided and taken altogether for nothing and that the goods and chattles which were of the said Iames at the time of his death in the hands of the said administrator to be administred may be discharged from the utlawry aforesaid and hereupon the said retorne being seen And by the Justices here fully examined and understood It seemeth to the Justices here that the utlawry aforesaid shall be reversed vacated and taken altogether for nothing and that the goods and chattels which were of the said Iames at the time of his death being in the hands of the said administrator to be administred be discharged from the utlawry aforesaid c. Another forme of reversall of an Vtlary against the Intestate by the Administrator upon the Exigent roll and not in the same teâ—me in which it was reversed T 4 Jac. rot 2990. Page London ss Hugh ap David against Williams in debt the Exigent awarded retorned 8. Mich. 4. Jan. the utlawry is entred upon the Role and afterwards the 25. day of Aprill 10. Iacobi Henry Williams administrator of the said W. Williams comes shewes his letters of administration and prayeth hearing of the writ of Exigent with the returne thereof And prayeth that the goods in his hands may be discharged from the said utlawry because the Exigent and the returne thereof are erronious And the utlawry for error was reversed And that the goods and chattles which were of the said intestate at the time of his death being in the hands of the said Henry should be discharged from the utlawry aforesaid c. Utlary reversed for that there is no such name in Baptisme M 21 Iac. rot Brownlow Norff. ss It was commanded the sheriff c. utlawry reversed by the administrator which being read c. and the administrator prayeth hearing of the Roll of the Exigent And it is read unto him c. which being read c. the said administrator saith that the record is vitious and defective in law in this to wit That in divers places of the record aforesaid is written Edmindo for this word Edmundo which said word Edmundus is a name of Baptisme and that there is not any such word Edmindus as it is written in the Record aforesaid And that in the Record aforesaid is written recuperuit whereas it ought to be written or thographically Recuperavit and not Recuperuit And in the Record aforesaid there are materiall Words omitted To wit quodam Debito in these words de quadraginta so that by the omission of those materiall words aforesaid The Record aforesaid is altogether imperfect And this the said administrator is ready to verifie by the same Record of the Term of the holy Trinity An. 16. Reg. Rot. 1297. in the Court of the Lord the King now here remayning whereupon he prayeth judgment and that the utlawry aforesaid may be reversed c. Reversall of an Vtlary for that in the body of the Record the Proclamution is directâ—d to the Sheriff of Kent but in the Margent it is written Sussex for Kent M 21. Jac. rot Brownlow Sussex ss inter Smith and T. utlawed in Com. Sussex And prayeth hearering of the Exigent Role and it is read unto him untill and it commanded to the sheriff of K. that in his full county he make proclamation to the said David c. And the proclamation in the Margent is awarded in Sussex which being read he saith that the record is vitious in it selfe to wit in this that in the body of the record aforesaid it is commanded to the sheriff of Kent that he should make proclam the said David according to the Form of the statute in this case made and provided And in the margent of the said record it appeareth that the said writ of proclamation to be adjudged to the sheriff of Sussex and so it appeareth that the record aforesaid is varying uncertaine and contrary in it selfe And that searching the writ retornable in Cro. Trin. of the sheriff of the county of Kent noe Writ of proclamation against the said David was retorned by the said sheriff of Kent whereby the utlawry aforesaid against the said D in Form aforesaid published and had is void and of no force nor effect in Law Whereupon the record being seene and the Writs of the said county of Kent of the said Cr. Trin. filed in court here being searched fully examined and understood it seemeth to the said justices here that the alilegation of the said David is discharged of the utlawry aforesaid is true c. H 22. Jac. rot 2426. Brownlow Lond. ss B. and P. at the suit of C. the utlawry reversed for that the first county was held 14. Iu. 22. and the 2. Counties was held 9. August 22. Jac. which being read and heard c. Onerari non Utlary reversed for that one month was united between the first and the second Counties because he saith that the returne aforesaid is vitious and defective in Law to wit in this that it appeareth by the said retorne that the said county at which the said John and Eliz. were first called was held the said 14. day of June an 22. abovesaid and the said county at which the said John and Eliz. were the second time called was held the said 9. day of August An. 22. abovesaid whereas in truth the said second county the 9. day of July An. 22. abovesaid being the Moneth next following the moneth of June in which the said first County was as is aforesaid held by the sheriff of the county aforesaid ought to have beene held so by the retorn aforesaid it suficiently appeareth that the said 5. counties by the sheriff said for the county aforesaid in form aforesaid held at which the said Iohn and Eliz. in forme aforesaid were called Were not held from moneth to moneth successively one after an other as by the law of the land by the said sheriff they ought to have
London It was commanded the sheriffs whereas I. N. late of c. lately in the Court of the Lord Edward late King of England the 6 Venire fac to account against Tenant in Elegit and judgment against the Tenant and reliberate awarded before the Justices of the same late King of the Common bench here by the consideration of the same Court recovered against T. D. c. aswell a certaine debt of 400 l. as 6 l. which to the same I. in the same Court of the said late King were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted And the same I. afterwards to wit the 28. day of N. An. Reg. nunc primo comming into the Court of the said Lady the Qu. now before the Justices of the said Lady the Queen of the bench here to wit P 2 3 P. M â—ry rot 926. or 126. Dyer fol 1. Pl 6. 4 H 8. at Westminster close to be delivered to him c. to hold c. and prayeth a writ thereof to the then sheriff of the said County of War to be directed which was granted to him whereupon the Lady the Queen now by her writ commanded the then sheriff of War that all good c. to hold c. and how far he shall execute that precept he should make appeare to her Justices at Westminster 15. Hillarii and that then he should have there that writ at which said 15. Hillarii R. T. Knight then sheriff of the said County of Warr. to the said Justices of the said Lady the Queen of the Common Bench here to wit at Westminster retorned that he had done execution upon the lands and Tenements which were of the the same T. the same day of the judgment aforesaid thereon given And that a moyety thereof to wit one Parke c. which amounted by the yeare in all issues besides reprizes to 62 l. the 13. day of I. An. abovesaid and delivered them to the said I. N. according to the value and extent aforesaid to hold as his Tenement to him and his assignes untill the 300 l. See the old Tenures fol 123 E according to thi writ of Ven fac for the debt and damages aforesaid be thereof levied and further the said sheriff to the said justices of the said Lady the Queen here to wit at Westminster aforesaid retorned that 105 l. in ready moneys which were of the said T. the same day of the judgment aforesaid therein given he likewise delivered to the same I. to hold to him the goods and Cattle aforesaid as his owne goods and Chattles for the residue of the said 105 l for the Debt and Damages aforesaid And because the King and Queene now by the information of the said T. B. know Suggestion that the Pla. had levied a 100 l. above the debt and damages in cutting downe woods See Fâ— tit Scire Fac. Pl. 101. P. 32. E. 3. that although the said moyety of the said Lands and Tenements of the same T. B. so delivered to the said I. M. did only extend unto 62 l. notwithstanding the said I. N. aswell of the issues and profits of the moyety aforesaid whose true value doth extend it selfe to a greater value then the extent aforesaid as also of the woods and under-woods growing upon the same moyety by the same I. N. lately cut downe and solde 150 l. above the said 406 l. for the Debt and Damages aforesaid hath now levied whereupon he supplicates the King to be by the King and Queen provided of a fit remedy A Venire fac awarded ad Computandum de Exit deterie bosci And the said King and Queen willing to do what should be just to the said T. in that behalfe commanded the sheriffs of London to cause to come here 15. Pas the said I. N. to account with the same B. of the moneys received aswell out of the issues and profits of the moyety aforesaid according to the true value of the same from the time of the delivery aforesaid as of the woods and under-woods of late growing upon the said Moyety by the same I. N. cut downe and sold And further to shew if any thing c. wherefore the said moyety delivered before to the said I. N ought not to be delivered to the same T.B. if c. Non inventu returned Testat cap. awarded to the sheriff of Mid. ad compuandum quaere de hoc The parties come by attornies Vic. retorneth a Sup. At which said 15. Pas came the said T. B. by F. M. his attorney And the sheriffs to wit T. and I. now retorned that the said I. is not found c. And hereupon it is testified in the Court of the King and Qu. here that the said I.N. doth hide and run from place to place in the county of Midd. Therefore it is commanded to the sheriff of the said County of Midd. that he take the same I. N. if c. and safely c. so that he may have his body here tres Trin. to accout and shew in Form aforesaid c. And now here at the said tres Trin. came aswel the said T. B. by his attorney aforesaid as the said I. N. by F. M. his attorney and the sheriff of Midd. to wit T. and F. now retorned that after the receipt of the said writ of Capias I. N. delivered to the said sheriff a Writ of the Lord the King and the Lady the Queen of Sup. by which Writ the same sheriff as to the taking of the same I. N. could not proceed And hereupon the same T. B. saith that after 15. Hillarii An. Regin 1. Count upon the venire facias aswell of the issues and profits of the moyety aforesaid whereof the true value did amount to a great summe of money to wit 62 l. by the yeare above the extent aforesaid as also for the wood to wit Registred judiciale fo 14. such a writ against tenant by Elegie of 1200 Oakes and 340. Beech Trees and under-woods to wit C. cart loade of underwood to the value of 200 l. late growing in the said Moyety late cut down and sold by the same I. N. Cl. above the said 206 l. levied thereof for Debt and Damnges aforesaid whereupon he prayeth judgment and that the said I. N. may account with the said T. B. c. and also prayeth delivery of the Tenements aforesaid to the said T. B. to be done c. Nil dic ANd the said I. N. defends the force and wrong when c. And nothing in bar of the action of the said T. B. aforesaid wherefore the said I. of the moneys received of the premisses aforesaid to account with the same T. nor wherefore the said moyety to the same I. N. before delivered ought not to be redelivered to the same T. saith neither sheweth whereby the same B. Iudgment that he should account and