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
the said writ of Exigent and the said Record from whence the said Writ issued and which ought to warrant that writ in this That in the said Record the said Francis is named F. C. of Lynfield And in the said Writ of Exigi fac he is named F. C. of Lymfeild and so there is variance betweene the Record and Writ aforesaid whereupon he prayeth judgment and that he may be discharged from the utlawry aforesaid Whereupon the writ and record aforesaid being seene and by the Justices here fully understood it sufficiently appeareth to the justices here That the allegation of the said F. in discharge of the utlawry aforesaid is true Therefore it is considered that the said F. be discharged from the utlawry aforesaid And for that occasion shall not de molested or in any thing grieved but goe thereof without day c. M 6. Jac. rot 924. And now here at this day came the said A. by W. K. his Attorney and prayeth the hearing of the writ of Exigi Fac. whereupon the said A. at the suite of the said G. is utlawed Utlary reversed for that the Capias whereupon the Exigent issued was awarded after a yeare and a day without a Sci fac to revive the judgment And it is read unto him in these words James c. which being read and heard the same attorney on the behalfe of the said A. saith That the same A ought not to be charged with the utlawry aforesaid because he saith that the judgment whereupon the same A. was convicted was given in Mich. Term An. Rs. 3. that is say by one yeare three Moneths and more before the proclamation of the said Writ of Capias ad satisf whereof mention is made in the said Writ of Exigent whereupon the said writ of Exigent issued In which case the same G. Execution upon that judgement ought not then to prosecute unlesse he had prosecuted before out of this Court a writ of the Lord the King of Scire Facias to premonish the said A. of being here in Court to shew wherefore the said E. ought not to have execution against him according to the Form of the Recovery if to him it had seemed Expedient And so the said Writ of Capias for execution of the judgment aforesaid in Forme aforesaid prosecuted And the said writ of Exigent thereupon issuing was erroniously prosecuted and for that cause prayeth that the utlawry aforesaid may be adnulled c. whereupon aswell the Record of the judgment aforesaid as the record of the adjudging of the said Writ of Exigi Fac. whereupon the said writ of Capias ad satisfaciendum in the same record recited by the Court here being seen and fully understood It is found that the allegation of the said A. is true Utlary reversed for omission of the word Quinte in the 5. Exact and for that the last County was held upon Sunday Therefore it is considered c. and that the utlawry be reversed M 4. Jac. Rot. 306. Which being read and heard the said A. saith that he ought not to be charged with the utlawry aforesaid because he saith that by the returne aforesaid it doth not appeare That the same A. at the said County of South held at the Castle of Winch. the same eight day of September An. 8. abovesaid was called and so the same A. was not the fift time called as by the law of the Land he ought to have been And also for that the 6. day of October whereupon the last County was held was Sonday in which case according to the Law of this Realme of England the County ought to be held And so the utlavvry aforesaid against the same A. in Forme aforesaid published and had is altogether void And judgement that it be reversed The like reversall in Mich. 44 45. Eliz. rot 1909. Utlary reversed for that the day of the 5 Exact was before the Test of the Exigent T 13. Iac. Rot. 3617. Brownlow Which being read and heard the same Robert saith that he is injured c because he saith that it is vicious to vvit in that that it appeareth That the said first day of March An. Sup. upon vvhich day the said Robert vvas quinto Exactus vvas longe before the issuing forth of the said Writ of Exigent And for that cause and others in the returne aforesaid being prayeth judgment that the utlavvry aforesaid may be reversed c. vvhereupon c. And it vvas reversed c. Int. Smith and Wingham M. 10. Iac Rot. 3398. the like Cook against Tompson Primo Exact held after the return of the Exigent M 10. Iac. Rot. 1708. Brownlow Bradbury adv Allen Exigi Fac. retornable Tres Trin. T. 24. Ia. 8. I. The first County vvas held 7. Feb. 9. Ia And because it appeareth by the returne aforesaid That the first county vvhereat the said E. vvas first called vvas held after the retorne of the said Writ of Exigent and for that cause c. Vtlary reversed for omission of the word Scotie out of the stile of the Writ T 13. Iac Rot. 3527. Brownlow Hearing of the Writ of Exigi fac is prayed vhich being read c. the said Writ is vicious to vvit in this that this vvord Scotiae is omitted in the beginning of the said vvrit And for that cause and others being in the said Writ he prayeth judgment c And the utlavvry is reversed betvveen Walker and Vaughan H 12. Iac. Rot. 2265. Brownlow Utlavvry reversed for not naming the names of the Coroners particularly at the end of the retorne of the Exigent Vtlary reversed for default of the Coroners names and hereupon the same I. prayeth hearing of the return of the vvrit de Exigi Fac And it is read to him in these vvords At my County held c. untill Therefore by the judgment of the Coroners of the county aforesaid he is utlavved vvhich being read and heard onerari non because he saith that in the record aforesaid no mention is made of the name of any Coroner vvho gave judgment upon that Writ or should vvarrant the judgment And for that cause the returne aforesaid is insufficient in lavv in t Lavel and others at the suit of Godolph see Harper fo 19 a by Justice Browne If the sheriff retorne upon the Exigent the quinto Exact et non Compe Ideo ut lagat est It is a good return Although he retorne not the judgment of the Coroners for it is comprised in these words Ideo ipse utlagat est H 12 Jac. rot 1949. Brownlow Utlar Waviar reversed for the same defect Reversall for omitting the Coroners Names which being read c. the same Martha and Anthony say that they are wronged in this behalfe and that the same M of the Waiver aforesaid or the said Anthony with the Outlawry aforesayd ought not by the Law of the Land to be charged because they say that the return aforesaid is vicious and
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
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.
came to the hands and possession of the said P. after the death of the said W. and this c. Judgement if Execution c. AND the said R. saith Peplication that he had more assets at tue Teste of the Writ c. to the value of the debt c. and issue thereupon That hee by any thing before alledged from having his Execution aforesaid of the Debt and Damages aforesaid ought not to be barred because he saith that the said P. the day of the obtaining of the writ of Scire facias aforesaid to wit such a day and year had diverse goods and chattells which were of the same W at the time of his death to be administred to the value of the Debt and Damages aforesaid above recovered besides the goods and chattells to the value of forty shillings which came to the hands of the said P. after the death of the said W. whereof the same P. might have satisfied the said R. of the Debt and Damages aforesaid to wit at S. in the County aforesaid and this he prayeth may be enquired of by the Country and the same Defendant c. Therefore the Sheriff is commanded that he cause to come c. THe Jury say upon their oath Verdict that he had assets to 30 l. at the Teste c. overâ— c. and no more c. as to thirty pounds of the within written two hundred and six pounds parcell that the said P. the day of purchasing of the said Writ of Scire facias to wit such a day and year had diverse goods and chattells which were of the within named W at the time of his death and in his hands to be administred to the value of the said thirty pounds besides the goods and chattells to the value of the said Forty shillings which came to the hands of the same P. after the death of the same W to be administred whereof the same P might have satisfied the said R. of the said thirty pounds Verdect for the Defendant to wit at S aforesaid as the same R hath thereof within alledged and as to the seventy foure pounds of the within named two hundred and six pounds residue the same Iury say upon their oath That the same P. the day of purchasing of the Writ of Scire facias to wit such a day and year had no Lands or Chattells which were of the within named W. at the time of his death in his hands to be administred to the value of the said one hundred seventy four pounds beside the goods and chattells to the value of the said forty shillings Judgement which came to the hands of the said P. after the death of the same W. whereof the same P. could satisfie the same R. of the said one hundred seventy four pounds to wit at S. in the County aforesaid as the same P. thereof within alledged therefore c. search the Judgment with Mr. Brownlow Entry of a Sci fac against an executor of one Manucaptor of three Manucaptors upon a Recognizance of baile upon an arrest in debt c. P 1. Jac. rot 817. Middlesex ss It was commanded the Sheriff whereas by I R of B c. H D of C. c. and T. M. of C. c. of late to wit the twentieth day of Aprill Anno 41 Eliz. before E. A. Knight cheife Justice of the Court of Common Bench of the said Lady the Queen here at his dwelling house in the Charterhouse neer London undertook and every of them did undertake for M. T. late of London c. otherwise called c. in the County of Somerset Gent. in one hundred and fifty pounds And the same Morgan then and there assumed for himselfe in three hundred pounds and if it should happen the same M in a certain plea of Debt upon Demand of one hundred and fifty pounds against the same M by one Elias I in the said Court of the Lady the Queene of the Common Bench Recitall of the recognizance here prosecuted in any lawfull manner to be convinced and Judgement for the same E in the plea aforesaid against the said W. in the said Court to be given that then the same M. the said Debt of one hundred and fifty pounds and also all Damages to the said E by occasion of the detaining of the said Debt in the same Court of the late King against the same M in any manner to be assessed or adjudged would satisfie and render which said one hundred and fifty pounds the same I H and T M severally acknowledge to be made upon their Lands and Chattells And which sayd three hundred pounds the said M acknowledgeth to be likewise made of his Lands and Chattells and to Be levied for the use of the said E if it should happen the same M contrary to the Manucaption aforesaid in any manner to make Default And although the same E afterwards Judgement against the principall Hil. 42 Eliz to wit in the Terme of Saint Hillary Anno 42 Eliz. before E. Anderson Knight and his Associates then Justices of the said Lady the Queen of the Bench aforesaid by consideration of the same had recovered against the same M. as well the same one hundred and fifty pounds at the same forty shillings which to the same E in the same Court of the Queen here were adjudged for his Damages which he had by occasion of the detaining of that Debt whereof hee is convicted as by the record and proceedings therein in the same Court of the said late Queen here remaining manifestly appeareth Neverthelesse the same M. hitherto hath not satisfied the same E. of the Debt and Damages aforesaid Breach of the Recognizance nor in the same Court here hath rendred his body in Execution for the Debt and Damages aforesayd according to the Forme of the Recognizance aforesaid and the said T M is dead as by the information of the same E the King is given to understand And because c. that by honest c. he make known to A M Widdow An Alias Sci. fac was awared and continuances divers imparlances ought to be here The Defendant pleads assets to the value of 36 l. 5 s. came to her hands after the death c. and pleads a judgment against the Testator in his life time in London upon concessit solvere and that she had imployeâ— part of the assets about the funerall part about the the probaâ—e of the will part to compound the judgment and the residue brings here into Court ready to pay c. with plea that she hath no more c. The plaint leviviâ—d The plaintiffs finde pledges to prosecute and make their Attorney Executrix of the testament of the same T. M. of being here at this day to wit in Cro Asc Dom to shew if any thing c. wherefore the same one hundred and fifty pounds by the same T in forme aforesaid acknowledged of
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
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
after Tres septim S. Trin. to satisfie Richard W. Gent. as well of a certain debt of eight hundred pounds which the same R in our Court c. as of forty shillings which to the same R. in the same Court were adjudged c. whereof he is convicted Commitment and this was outo sCourr and whereupon it was considered in our said Court that the said R. have Execution against the said L. for the debt and damages aforesaid for default of the said L. and have you there their writ teste H H at Westminster 16. Junii Anno 18. and Scot. 53. Maier Waller And this is the cause of taking and detaining of the said L. B. in the prison aforesaid whose body they have ready according to the Tenor and Exigency of the writ aforesaid to this schedule annexed which being seen read and by the same cheif Iustice understood the same L was committed to the custody of Allexander Harris Esquire VVarden of of the prison of the said Lord the King of the Fleet being then present in his proper person for the occasions aforesaid there to remain until c. which said Leonard the said VVarden then received into his custody into the prison aforesaid for the occasions aforesaid to remain untill c. Which said commitment of the same Leonard unto prison the same Cheif Iustice the said fifth day of July that same Terme delivered here into Court with his owne proper hands to be enrolled upon Record c. Entry of a Commitment to the Fleet brought by the Sheriffs of London in their custody in vacation time P 1 Car. Regis rot 5010 London ss It was commanded the Sheriffs that the body of I. M. c. before Henry Hobart Knight and Baronet Cheif Iustice c. at his Chamber c. immediate c. As in the Writ next before which writ bore Teste 10. Aprilis apud Camer praedictam Anno Kegni Car. Reg. primi propter mortem Regis Jacobi super 27 diem Martii 20 precedend Afterwards to wit _____ day of Aprill Anno Rigis nunc primo before the same cheif Justice at his Chamber aforesaid came the same John in his proper person under the custody of the said Sheriffs and the same Sheriffs reciting the Return whereupon the same I by the said cheif Justice then and there was committed to the prison of the Fleet c. to remain untill c. which said commitment c. as in the next before afterwards to wit the fourth day of May that same Terme c. which was the first day of the same Terme following c. Entry of a commitment of a prisoner to the Fleet in Terme time brought to the Bar by Habeas corpus P 1. Car Regis rot 700. Brownlow London ss It was commanded the Sheriffs that they should have before the Justices of the said Lord the King now here to wit at Westminster on Satturday prox post Cr. Assen Domini the body of W. R. c. And now here at this day came the sayd W. in his proper person under the custody of the same Sheriffs and the Sheriffs to wit c. shewing the Return whereupon the same W. R. by the Court of the King here is committed to the prison of the Lord the King of the Fleet for the occasions aforesaid there to remaine untill c. One who forged a Cirographe of a fire supposed to be levied in the Common Bench where no such was levied was brooght to the barr by a Habeas corpus and upon his own confession and examined was taken in the County by speciall commissions and read in Court be was committed to the Fleet fined at C I. H 6. Jac. rot 1002. Hereford ss It was commanded the sheriff that he should have here at this day to wit on Friday next after the morrow of the Purification of the blessed Mary the body of Philip Philpot of Rosse in the County aforresaid Gent. in the prison of the Lord the King under the custody of the same Sheriff detained to answer the Lord the King now upon those things which to him on the behalfe of the said Lord the King should be objected and to do and receive what the Court of the Lord the King here shall consider of him in this behalfe And now here at this day came the same John in his proper person by the sheriff of the County aforesaid to the barr here brought and the same Sheriff to wit John Kirle Esquire then here returned that hee by vertue of the Writ aforesaid to him directed the body of the said Iohn hath ready here at this day as by the same Writ it was commanded him c. whereupon one Iohn Brewster one of the Clarkes of _____ Chirogapher of the Court of the Common Bench here on the behalf of the said Lord the King now giveth the Court here to understand and to be informed that the same John after the last generall pardon of the Lord the King now in the Parliament held at Westminster aforesaid the fifth day of November in the third year of his Reign falsely and corruptly procured one Adam Launder to write in parchment indented to the like form of the Cirographer of fines in the Court here levied the Cirographie of the same Fine betweene Tho Holland and Thomas Woodward Plaintiffs and one Edw. Woodward Deforceant of Tenements in the County of Worcester whereas in truth there was never any such Fine between the parties aforesaid of the Tenements aforesaid levied nor any Cirographie of any such fine by the Cirographer of this Court made and the same Cirographie so written for a true and just Cirographe of a fine levied of the Tenements aforesaid between the parties aforesaid published and delivered to the same Thomas Holland receiving of the same Thomas Holland therein fifty shillings falsely and in deceit of the Court aforesaid and in contempt of the Lord the King now c. as if it had been duely made by the Chirographer of the same Court here and because as well by the examination of the said John Powell of the same Adam Launder before Robert Pye of Hereford and Thomas Connisby Knight and in Court here openly read as by the proper acknowledgment of the same John Philpot here in Court made who hath confessed his falsity and deceipt aforesaid it evidently appeareth upon the same information of the said John Brewster on the behalfe of the Lord the King against the said Iohn Philpot in forme aforesaid made to be true therefore the same Iohn P. for his falsity and deceipt aforesaid by the Court here is committed to the prison of the Lord the King of the Fleet there to remain untill the Court here shall consider of his corporall punishment c. And further the same Justices here do assess for a fine upon the said I Philpot for his falsity deceipt and contempt aforesaid in this behalfe done and committed to be forfeited
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
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 Rolls of our chancery allowed c. Entry of a writ of attachment of priviledge in the Common Bench for an attorney of the same Bench in debt against 2 severall persons severally M 19 Iac. rot 2948 Brownlow Lincolne ss The Sheriff was commanded that he should attach T B. clerk and L E clerke so that hee should have them here upon Satturday next after the morrow of all Soules to answer R Clarke Gent. one of the Attornyes of the court of the Lord the King of Common Bench here according to the liberties and priviledges c. in a plea of Debt severally And now here at this day came the said Robert in his proper person and offered himselfe against the said T and L in the plea aforesaid and they came not and the sheriff to wit T T Esquire now returneth that he by vertue of the writ aforesaid to him directed tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready as by the said writ it was commanded him Cedi corpus returned and because the same sheriff the bodies of the same T and L now here at this day hath not ready therefore the same sheriff to wit the same Tho. T Esquire in mercy c. and he is fined by the Justices here at forty shillings and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san Martini the bodies of the same T and L whom c. to answer to the same Robert in the plea aforesaid and the same sheriff to wit T.T. Esquire now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne so languishing that he could not have their bodies here at this day without perill of death as by the said writ it was commanded him c. And hereupon in the same Court of the King here on the behalfe of the said Robert it is testified that the same T and L are sound and whole and able to travell therefore it is commanded the same sheriff that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary bringing with him the same T and L whether they be found or infirme to answer to the same Robert in the plea aforesaid and that he omit nothing herein under the penalty of 20 l. which if he shall not do the sheriff shall know he is to loose c. Duces recum awarded under the penalty of 20 l. Procedendo H 35. H. 8. Rot. 318. ss A Procedend awarded in a plea of lands to be removed out of an inferiour Court by Recordare Whereupon the cause aforesaid being seen alleaged by the same B. to remove the Plaintiff aforesaid in the writ aforesaid above specified It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B of her mannor of B. with the Soke aforesaid in the court of the same E. B. and upon the plaint aforesaid ought to proceed c. Therefore it is considered that the said Brian notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed he may proceed in the plaint aforesaid with effect And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid c. M 8. H. 4. Rot. 114. Procedendo Rege inconsulto In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant by act of Parliament that the Tenements of the demandant came to the Kings hands and prayeth judgment si Rege in consulto c. And the King sent his writ de procedendo therein directed to the Justices that the Tenant plead de novo with the demandant c. H 13. Jac. Rot. Brownlow London ss A Procedendo after much debate granted upon a speciall return made upon a Hab. cor upon the custom of London concerning Prentices their ages and their Indentures between them and their Masters Indenture void if the Prentice be not of the age of fourteen years when he was bound An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice c. Test 28. Nov. 13. Iac. by H. Hobert Execution c. ss London ss we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew London do certifie that c. Prohibition BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand Prohibition to the Court of Stanneries in the County of Cornw for holding plea of maters which contcern the Stanneries Suggestion That whereas by the lawes statutes of the Realme of the Lord the King of England it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall or Keeper or Keepers of his place for the time being may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries neverthelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I against the lawes of the Realm of the Lord the King of England In the stannary court of the Lord the King of F in the said county of C before the Substeward of the Stannary Court aforesaid or deputy or Keeper of his place in the Court aforesaid or any of them in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon supposall that the said L. was receivour of the monies of the said I. C. the Father and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M to render an account thereof to the said I. C. drew into plea And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses and to answer the said C. of and upon the premisses
aforesaid were sold and eloyned to the same I. Armour ought not to be returned or for defect of Return of the same Cattell the Price of them of the lands and chattells of the same I W. and W. B. in your Bailiwick to be made and rendred to the same I A according to the forme of the statute therein made and of the pledges abovesaid the same sheriff to the same Justices of the Lord the King at that day returned that the same I W and W B have nothing in his Bailiwick by which he could make known to them nor were found in the same whereby the said I. A. from having return aforesaid hath received a very long delay whereupon he hath besought the Lord the King to exhibit justice to him and that the statutes of the Kingdome of the Lord the King made for the bettering of the same may remaine stable the King will for the benefit of his Leige people by speediest remedyes consonant to the same statutes that by honest c. hee should make known to W. L. late sheriff of the County aforesaid predecessor of the now sheriff who took the pledges aforesaid in Forme aforesaid that he should be here at this day to wit in 8 sancti Trinitatis to shew if any thing c. wherefore he so many cattell to wit two horses and eighty sheep as the same I. A. took from the same I. C. as in the same Court he hath avowed Sci. fac returned or the price of them for the insufficiency of the pledges aforesaid to the same I. A. in the name of the Returne of the Cattell aforesaid ought not to render according to the Forme of the statute aforesaid Judgement ' by default and the awarding of a writ to take of the said sheriff totanimali vel prec and to deliver them to the plaintiff Nomine returni if c. And now here at this day cometh the same I. A. in his proper person and the said W.L. late sheriff 4 Die pl. being solemnly called came not and the sheriff now returneth that hee made known to the said late sheriff of being here at this day to shew in Forme aforesaid by I.S. and W.C. Therefore it is considered that the same I. A. have of the late sheriff two horses and eighty sheep to the value of the other goods aforesaid which the said I. A. late took or the price of them and a writ to the sheriff to take of the late sheriff the Cattell aforesaid or the price of them and them or that to the same I. A. in the name of the Returne of the other cattell aforesaid to deliver c. Count in Sci. fa. upon a Recognizance acknowledged in the Country before a Justice of the common Bench and afterwards delivered to be inrolled and is enrolled in the same Terme in which it was delivered to be inrolled H. 8. Eliz. rot 104 3. H. 15. Jac. rot 21. in t Pl. ter and there rot 80. a recognizance is entred with a condition T. 21. Jac. rot 73. or 78. the like Inrollment of a recognizonce with the Terme number of the roll extressed Mich 28. and 29. Eliz. rot â—046 Generall entry of a recognizance taken before a Justice of the Common Bench and a Scire facias thereupon M 20 Jac. rot 843. Brownlow otherwise as it appeareth in Michaelmas Terme 19. Jac. rot 1906. It is thus contained Oxon ss It was commanded the sheriff whereas R. H. of S in the County of Oxon Esquire the twentieth day of Iuly Anno c. 18. and Scotland 53. before Peter Warburton Knight then one of the Justices of the Lord the King of the Common Bench of the City of Oxford in the County aforesaid acknowledged himself to owe to Richard Farmer of S. in the County aforesaid Knight one thousand Markes of lawfull mony of England which he ought to have paid him at the Feast of the birth of our Lord then next following which same Recognizance the same Peter Warburton afterwards to wit the twelfth day of February in the Terme of Saint Hillary Anno 18 abovesaid delivered here in Court with his own proper hands to be there inrolled upon Record and there before Henry Hobart Knight Cheife Justice of the Lord the King of Common Bench and his Associates Justices of the said Lord the King of the same Bench in the same Terme of Saint Hillary it is enrolled upon Record which said one thousand Markes the same R to the said R. hath not yet paid as by the information of the said R. the King understandeth and because c. that by honest c. hee should make known to the said Ralph that hee should be here at this day to wit A die sancti Michaelis in unam mensem to shew if any thing c. wherefore the said one thousand Markes ought not to be made of his Lands and chattells in your Bailiwick and rendred to the same R. according to the Forme of the Recovery aforesaid if c. And now here at this day came the same Richard by Thomas G. his Attorney as the sayd Ralph forenamed c. by Io. Wells his Attorney and hereupon the same Richard prayeth Execution against the same Ralph of the said one thousand Markes of the Lands and chattells of the same Ralph to be made by pretext of the Recog aforesaid to him to be adjudged and the same Ralph prayeth the hearing of the Recognizance aforesaid and it is read unto him c. And also prayeth the hearing of the Condition of the same Recognizance and it is read unto him in these words The condition of this Recognizance is such That if the said Ralph Holte his Heâ—â—â— or Assignes shall and will for his and their parts well and truly observe fullfill and keep the Award Doome and Order of Sir Thomas Spencer Knight and Baronet and Edw. Sheldon Esquire for and concerning Suits matters and controversies moved depending or being between the said Ralph Holte on the one part and the above named Sir Richard Farmer on the other part for and concerning the Common for foure hundred sheep and right for keeping conyes in and upon the grounds called Bayards green in the County of Oxford and all Commons and other profits claimed therein by the said Ralph Holte and the Right Title and possession of the same Common and keeping of Conyes so as the said Sir Thomas Spencer and Edward Sheldon do make their sayd Award touching the premisses or any part thereof on this side the Feast day of the Nativity of our Lord next coming after the Date hereof and do cause the same to be put in writing under their hands and seales ready to be delivered unto the said Ralph Holt then this present Recognizance to be void or else to stand in force and vertue which being read and heard the Defendant prayeth imparlance and hath it c. And it is continued by imparlance untill Cr. Tri. 20. Jac. at
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
occasion shall not be molested or in any manner greived but be thereof in quiet and dismissed at large c. T 10. Jac. rot Brownlow London Reversall for that the Defendant was the 1 and 2 time called before the Tâ—ste of the Exigent R. adds of Evans Utlawry reversed for variance between the Originall Writ and the Exigent in this that in the Writ of Exigi fac this word Gent. which is the name of the degree of the said Henry is omitted which is inserted in the Originall writ Et pro ea causa c. T 11. Jac. rot 1521. Brownlow Int. G. and P. Outlawry reversed for that the Defendant was the first and second time called before the Teste of the Exigent T 18. Eliz. rot 1529. Civit. Bristoll ss Afterwards to wit Vtlawry reversed for that the 5 County was held as appears by the returne of the writ before the Teste of the Allocat the fourteenth day of May then next following came here into the court one T. D. on the behalf of the sayd Ellen and prayeth heareing of the Writ of Allocat whereupon the Waviary aforesaid is published against the same E. and it is read unto him in these words Elizabeth by the Grace of God c. reciting the whole Writ Test 16. die Novemb. anno c. 18. And also prayeth hearing of the Returne of the said Writ and it is read to him in these words Alloc to her four Countyes c. Att our County held at the City of Bristoll in the Guildhall there 13. Ian. Anno infra script c. which being read and heard the same T. D. faith for the said Ellen That the Return of the said Writ of Allocat is insufficient in Law for that by the Return it evidently appeareth to the Justices here that the said fifth County held the same thirteenth day of Ian. Anno 18. abovesaid at which County the said E. was the fifth time called and appeared not was held Before the issuing forth of the sayd Writ of Allocat whereupon the said Writ Mich 6 7 Eliz oâ— 1971. the like siâ—e and returne upon the said Writ made by the Iustices here being fully understood it doth seem to the said Justices here that the said Returne is insufficient in Law whereby the Waviary aforesaid against the same E. in forme aforesayd published and had is altogether void and of no force nor effect in Law Therefore let no processe nor any other thing against the said E. upon the Waviary aforesaid The Sheriff amerced for ill returning of the Writ of Allocat be further made c. and the sheriffs of the sayd City of Bristoll to wit A. and B. in mercy for the insufficiency of the Return aforesaid made and they are fined by the Justices here at twenty shillings c. T 7. Iac. rot 3648. Brownlow ss Prayeth hearing of the Return of the Writ of Exigent and it is read unto him in these words A County holden at the Castle of Salop Utlary reversed for this word Meâ—m T. 13 Jac â—ot 633. c. which being read c. Onerari non because he saith that by the Returne aforesaid it appeareth not that the Countyes aforesaid in that Returne specified whereunto the said Iames was in forme aforesaid called were the Counties of the said sherif of Salop as by the Return aforesaid it ought to appear whereupon c. the Outlawry was reversed Int. Burmom and Ap-Thomas Salop T 7. Jac. rot 3647. Brownlow hereof Oyre of the retorne of the Exigent prayed at the hustings of the common Pleas in Guild-hall of the City aforesaid upon Munday next after the Feast Utlary reversed for omission of this word Tent. and for Sâ—do for being without a tittle â—r dash c. the same Henry was the second time called and appeared not which being read c. Onerare non Because he saith that by the retorne aforesaid it doth not appeare that any hustings of Common pleas were held at the Guild-Hall in the City of Herford the said Monday next after the Feast c. in the same retorne mentioned for that this materiall word Tent. in the same retorn was there omitted And also for that this word Scdo in the same retorne specified was written without any dash having no signification And for those causes and others c. pet judicium c. may be discharged from the utlawry c. And it is reversed Int. Vaughan and Masters Vtlary reversed for that the Capias was not returned M 32. and 33. Eliz. rot 131. Brownlow Midd. ss It was commanded the sheriff that he should not omit c. and here upon the said I prayeth hearing of the said writ of exigent whereupon he at the suit of the said W. is utlawed And it is read unto him in these words Elizabeth c. which being read and heard the said I. saith c. because he saith that the originall writ in the Court here in Oct. S. Mich. An. Reg. c. 30. retornable and was retorned and that upon the same writ three Writs de Capiendeum by the Court here in Mich. Terme An. Regin 30. and 31. were considered and adjudged As it appeareth in the Roll of the same Term To wit one of the said Writs de Capiend retornable in the court here in Cr. Ani. An. 30. abovesaid one other writ de capiend by the Court here in Form aforesaid considered and adjudged retornable at the said Cr. Ani. in the same Court here amongst the writs of Cr. Anim. An. 30. abovesaid in the said County of Ebor. is filed which said writ is not retorned whereupon the Justices here can in no wise certifie in Execution of the said Writ that it is indorsed As by the said Writ of Capias amongst the said Writs de Cr. Anim. in the Court here filed fully appeareth And so the said writs of alias and plures Capiend and the said Writ of Exi against the same I. afterwards considered and adjudged erroniosly and without sufficient warrant issued And for that cause he prayeth to be discharged by the Court here from the utlawry aforesaid c. whereupon the said Writ de Capiend filed in the Bench here at the said Cr. Ani. being seene it sufficiently appeareth to the Justices here upon Record that the allegation of the said I. is true therefore it is considered that the said I. by occasion of the utlawry aforesaid be not molested nor greived but goe thereof quiet c. T 16. Iac rot 3109. Brownlow between Ioanes and Griffin Vtlary reversed for infram for infranominat dua for duo utlawry reversed infrom for infra nominat and dua for duo T 16 Iac. Rot. 3114. Brownlow in t Washer and Dignbey In this that it appeareth to the Court here Vtlary reversed for the misplacing of the Sheriffs names that that writ was retorned by certaine Peter Proby and Martine Lumnly sheriffs of the City of London