time hath withdrawn and absented himselfe without the licence of the cheif Clerk of the Lord the King of the common Bench here to whom the gift of the same Office belongeth And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
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
upon statute Merchant and upon return nulla bona mobilia And that he is beneficed at D. and awarding of an Extent c. See the Register of Writs fol. 148. An action 147. C. B. F. N B. fol. 131. A. M. 39. H. 6. rot 134. fi fa. de bonis eccliastices H 45. Eliz. Rot. Rot. 1211. Brownlow C. Ebor. ss The Sheriffs were commanded that 400 l. of the movable goods and Chattles of Richard Baitson of B. in the county of York Clerk in the Bailywick without delay they levy and cause to be had to Eliz. M. of the City of York merchant which the same Richard the 9th July Ao. R. nunc 44. before T. M. Mayor of the City of York and Thomas Royston then clerk deputed to take Recognizance of debts according to the form of the statute merchant within the same city acknowledged himselfe to owe to the same E. which he ought to have paid to him at the Feast of St. Michael then next coming and the same to him hath not yet paid c. And in as much c. They should make known here at this day to wit in October Pur. S. Mariae c. And now here at the day came the same Eliz. by James Bryâ— his attorny here into the court the Recognizance aforesaid which the debt aforesaid in Form aforesaid testifieth And the Sheriff now retorneth that the same Richard hath no movable goods or chattles in their Bailywick wherof they could levy the debt aforesaid or any parcel thereof And that the same Rich. is a clerk and benificed within the Dioces of York to wit at B. aforesaid And that he hath no lay Fee within their Bailywick and hereupon the same Eliz. praveth a writ of the Lady the Queen by the statute c. to the Reverent Father in Christ to Mathew Arch-Bishop of York Primate and Metropolitan of England to be directed and it is granted to him c. And in asmuch c. the same Archb. should make knowne here 15. Trin. the same day is given to the same Eliz. here c. Distringas Distress against the Lord of a mannor in aneient demesnes to hold his court c. Mich. 1. Mariae Rot. 123. entry of a writ of distresse against the Lord of a Mannor of ancient demesnes to hold his court so that the Sheriff recordari fac Loq in a writ of false iudgment upon a writ de recto clause T 3. Ca. Rot. 1887. Pytt Philizer London ss Entrey of a distringas against the Sheriff for returning of Pettit issues the plaintiff prayeth a Test Distringas to a forreigne county that the defendant may be distrained by greater issues omnia issues 10 l. It was commanded the Sheriffs as more times the King had commanded the same Sheriffs that they should destrain the Mayor Cominalty citizens of the city of London otherwise called M C. and C. of the city of London by all their lands c. and that of the issues c. And that they should have their bodys here at this day to witt in Cr. Trin. to answer D. B. widow R. B. Esquire and T. B. gent. executors of the testament of Tho. Bennet otherwise called T. B. the younger citizen and Alderman of London of a plea that they render unto to them 1500 l. which from them they uniustly detaine c. And now here at this day come the same D.R. and T. Bennet by Richard Williams their attorney and offered themselves the 4. day against the said Mayor and Cominalty citizens of the city of London in the plea aforesaid and they came not the sheriffs to wit R. F. and E. Brumfeyld now retorn that the same M. and C. and citizens of London are distrained by their chattles to the value of 40 l. and bayled by I. G. and R. R. Therefore they in mercy and because it is testified in the same court of the Lord the King here on the behalfe of the same executors that the said Mayor and C. and. citizens of London have divers lands and chattles in the county of Surrey Testat distringas awarded to the Sheriff of Surry whereof they may be distrained for better issues of their lands and chattles so that the Lord the King now may be answered of better issues of the lands chattles of the same Mayor Cominalty and citizens of the city of London if the same Mayor and C. C. of the city of London in the same court here will not soone appeare to answer the same D. R. and T. Bennet in the plea aforesaid Therefore it is commanded to the sheriff of Surrey that he destrain the same Mayor and Cominality citizens of the city of London by all their lands c. And that for the issues See the old Book of entries fol. 226. title distresses pl. 4. accord Surry c. so that he may have their bodies here tres Mich. to answer the said Dorothey Rich. and Tho. Bennet in the plea aforesaid c. And it is to be knowne that a writ thereof the Justices here have delivered to Theophi Tipton undersheriff of Surrey present in Court here that same Tearm to execute in Forme of Law c. Elegit M 19. Ja Rot. 1949. Entrey of a writ of Elegit in the same term wherein it was returned not upon the indictment Roll nor upon the Roll of the writ of Scire facias the custom it But note that the writ of Elegit is demanded and adjudged to the enter upon Roll of the entrey of the Scire fac The like form of entrey of Elegit P 10. H. 4. Rot. 140. It was commanded to the sheriff of Derb. whereas lately in the court of the Lord the King now here to wit at Westminster it had been considered that P. Moyl should have execution against Robert Turner Gent. one of the attornies of the Court of the common Bench of the Lord the King here aswell of a certaine debt of 40 l. which the same Prudence in the court of the Lord the King here had recovered against him as of c. which to the same P. in the same court of the King here were adjudged for her damages which she had by occasion of the detayning of that debt whereof he is convicted The same Prudence afterwards came into the same court of the Lord the King here and by the statute therein provided chose to be delivered to her all the goods and Chattles of the same Rob. besids his Oxen and necessaries of his Plough H. 12 Eliz. rot 1470. s. Fylmer T. against L. entry of a Writ of Partition by prec fuit vic P. 12 Eliz Rot 1016. the like upon an extent T. 20. Jac. Rot 2080. B. against M. H. 19 Jac. Rot 3192. S. g. J.T. 1. Caâ— Regis rot 569. M. against C. and likewise the moyety of all his lands and Tenements in your Bayliwick to hold to her the goods and chattles aforesaid as her
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
Cognizee of lands extended by extent upon statute merchant but not delivered to him for that the Conusor dyed and the hâ—ir at the time of the inquisition taken was within age but now at full age if it do appeare to the Sheriff that the heire is of â—u â— age See the Statute for Merchants 13 E. 1. accord It was commanded the Sheriff whereas the Lady the Queen by her certain Writ out of the Court of the said Lady the Queen here at Westminster in the Terme of the Holy Trinity Anno Reg. c. 38. issuing and directed to the Sheriff of the County of Hereford reciting by the said Writ That whereas the sayd Lady the Queene had commanded the Sheriff of Middlesex by her said writ that the bodyes of E. W. of D. in the County c. and I.T. of W. in the same County c. if they were lay men found in his Bailâ—wick he should take should safely keep in the prison of the said Lord the King untill they had fully satisfied S. B. of W c. of fifty pounds which the same E. and I. the second day of Iuly Anno 23. Eliz. before R. N. and R. C. then Bayliffs of the City of W. and keepers of the greater peice of the seale of the statute Merchant there and W. I. Gent. then Clarke of the City aforesaid and keeper of the lesser part of the seale of Statute Merchant aforesaid Deputed to take acknowledgment of such Statutes for Debt for Merchants at the City aforesayd acknowledged themselves to owe to the said S. which they ought to have paid unto him at the Feast of Saint Michael the Arch Angell then next following and they have not payd the same unto him as it is said and in as much as the said Sheriff of Middlesex shall have executed the precept of the said Lady the Queen he should make appear to the Justices of the said Lady the Queen here in 8 Hillarii Anno 37 Reginae Nunc and the said sheriff of Middlesex to the Justices of the sayd Lady the Queene here at Westminster at that day returned that the same W and I. were Lay men and were not found in his Bailiwick and to the Sheriff of Hereford commanded that all the goods and chattells of the same E and I. and all the Lands and Tenements whereof the same E and I. at the day of the acknowledgement of the Debt aforesaid Recitall of the Writ of extent or at any time afterwards were seised to whose hands soever they should come unlesse to any heire within age by hereditary Descent they should descend he should deliver to the said S by reasonable price and extent To hold the goods and chattells aforesaid as his proper goods and chattells and the Lands and Tenements aforesaid as his free Tenement to him and his Assignes according to the form of the Statute therein made and provided untill the Debt aforesaid together with his reasonable and necessary Damages and costs as in Labours Suits Delayes and Expences he should levy thereof And neverthelesse That hee should take the bodyes of the sayd E. and I. and should safely keepe them in the prison of the sayd Lady the Queen untill they should satisfie the sayd S. of the Debt aforesayd in forme as aforesaid and in as much as that precept of the Lady the Queen should be executed he should make appear to the Iustices of the said Lady the Queen here at Westminster in Octob Sancti Michaelis Anno 38. abovesaid and that he should have then there the Writ aforesaid the same Sheriff of Hereford to the Iustices of the sayd Lady the Queen here at VVestminster The Sheriff returneth that the Conusors are dead Inquisition taken and the Lands extended but the Lands descended to an infant and the Sheriff by reason of his nonage could not deliver them to the Conusees at the said 8 S. Mich. returned that the same E. and I. were dead and also to the same Iustices of the sayd Lady the Queen here at that day returned a certain Inquisition before him the sayd sheriff of Hereford by vertue of a certain Writ to him therein directed at K. in the County of Hereford the thirteenth day of S. Anno 38. abovesaid by the oath of twelve honest and lawfull men of the County of Hereford was taken by which it was found that the same E. I. were dead after the acknowledgment of the Debt aforesaid and long before the taking of the said inquisition and that the same I the day whereon he dyed was seised in his Demesne as of Fee of and in four Closes or parcells of pasture lying and being in H within the parish of L. in the same County of Hereford containing by estimation fifteen acres c. as in the Inquisition And the Tenements aforesaid with the Appurtenances were worth by the year in all issues besides Reprizes sixty shillings and that the same I.T. of the Tenements aforesaid with the Appurtenances in forme aforesaid being seized after the acknowledgement of the Debt aforesaid and before the coming of the sayd Writ dyed thereof seised after whose Death The lands discend to the heir within age the Tenements aforesayd with the Appurtenances descended to one I.T. son and heir of the said I. T the son at the time of the taking of the Inquisition aforesaid was within the age of one and twenty yeares to wit of twenty yeares and no more so that the Tenements aforesaid with the Appurtenances to the said S. by reason of the minority of the said I.T. the son he could not deliver according to the Tenor of the said writ to him therein directed and that the said E. at the time of the acknowledgement aforesaid made or at any time afterwards had no Lands or Tenements in the County of Hereford as by the Record and proceedings therein in the Court of the said Lady the Queen here plainly appeareth Suggestion that the heir is of full age And now in the Court of the said Lady the Queen before the Justices of the said Lady the Queen here at Westminster it is alledged that the said I.T. the son is come to his full age of one and twenty yeares and hath of a long time been of full age therefore the said Lady the Queene doth command the said Sheriff of Hereford that if it can appeare to the said Sheriff that the same I.T. came to his full age of one and twenty yeares before the issuing forth of this Writ and now to be then the Tenements aforesaid with the Appurtenances by the Extent aforesaid in forme aforesaid made he should deliver to the said S. to hold as his free Tenement to him and his Assignes according to the forme of the Statute aforesaid thereof made and provided untill the Debt aforesaid Liberate conditionall that if it could appear to the sheriff that the heir is at full age together with reasonable and necessary Damages and Costs as
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
the goods and chattells of the same T. at the time of his death being in the hands of the said A to be administred to be made and ought not to be rendred to the same E. according to the Forme of the Recognizance aforesaid if c. And now here at this day came aswell the same E. by A his Attorney as the same A by D D her Attorney and the Sheriff now returneth that she hath nothing c. nor is found c. And hereupon the same E prayeth Execution against the same A for the said one hundred and fifty pounds in Forme aforesaid acknowledged of the goods and chattells which were of the same T at the time of his Death in the hands of the same A Being to be administred to be adjudged him c. And the said Ann saith That the said E. ought not to have Execution against her for the said one hundred and fifty pounds by the same T. M. in Forme aforesaid acknowledged of the goods and chattells which were of the same T. at the time of his Death in the hands of the said A to be administred because the saith That after the Recognizance aforesaid by the same T. M. in Forme aforesaid acknowledged and before the same Terme of Saint Hlllary Anno 42 of Queen Eliz. abovesaid to wit the tenth day of December Anno 42 Eliz. c. abovesaid in the Court of the said late Queen held at the City of London beâ—ore R. C. Alderman then one of the Sheriffs of the City aforesaid in his Counter scituate in the parish of Siant Michael in Woodstreet London according to the custome of the same City from the time whereof no memory is extant used approved in the same came certain M C and I W in their proper persons then and there by the name of M C and I W. of London Brewers levied a certain plaint against the said T. M. in his life time by the name of T M c. in a plea of Debt upon demand of a hundred pounds and then and there found pledges to prosecute that plaint to wit I. D. and R. R. and then and there in the same Court put in their places T H their Attorney against T M. of the plea aforesaid And aâ—terwards to wit at the Court of the said late Queen held at Guild Hall of the City aforesaid scituate in the parish of Saint Lawrence in the Old Jury London the â—ourteenth day of January Anno 42 Eliz. abovesaid before the same Sheriff came the said M and I. by their Attorney afoâ—esaid The Defendant appears gratis and pleads at the perill of the plaintiff Note That such form is the Common form of bayles in London and offered themselves against the said T. in the plea aforesaid whereupon the same T. M. in the same Court then and there in his proper person likewise came and freely offered himselfe to answer the said M and I. in the plea aforesaid whereupon the said T. M. afterwards in the same Court was bayled by I. D. and R. R. at the instance and perill of the same M and I. according to the custome of the City aforesaid to have the same T. M. at the said Court the same fourteenth day of January at Guildhall aforesaid to be held according to the custome of the City aforesaid and so afterwards from Court to Court untill the end of the plea Forme of the recognizance of the plaint aforesaid to answer the same M and I in the plea aforesaid according to the custome of the City aforesaid and the said T. M. then in the same Court put in his place F. T against the said M and I. in the plea aforesaid whereupon afterwards to wit at the Court of the said Lady the Queen held at Guildhall aforesaid Defendant makes his Attorney before the sa d then Sheriff the sixteenth day of January Anno 42 Eliz. abovesaid came as well the same M and I as the said T. by their Attornyes aforesaid and the same M and I by their Attornyes aforesaid declared against the said T of and upon their plaint aforesaid in manner and form as in these words followeth ss M. E. I. W. c. by T H. their Attorney demand against T. M. c. as in the Count word for word Count upon a Concessit solide untill Praedict sextam c. And the same T by his Attorney aforesaid then and there acknowledged the Debt aforesaid to be true whereupon then and there it was considered in the same Court of the said Lady the Queen That the same M and I should recover against the same T their Debt aforesaid together with nine shillings four pence Judgement by confession of the debt for their Damages costs and charges by them in and about their suit in that behalfe layd out and that the said T should be in mercy c. as by the Record aforesaid in the same Court of the said late Queen remaining more fully appeareth And the said Anne further saith That the said T. M. after the judgement aforesaid against the same T. in the said Court of the late Queen in Guildhal aforesaid in Forme aforesaid given to wit the thirtieth of December Anno c. at London in the parish c. made his last Will and Testament in writing and the same A constituted and ordained Executrix of the Testament aforesaid The death of the Defendannt and afterwards such a day and yeare at London in the parish and ward aforesaid the same M and I of the same one hundred pounds nine sh llings and four pence in form aforesaid recovered not being satisfied after whose death the same A took upon her the burthen of the Execution of the Testament aforesaid diverse goods and chattells which were of the said T. at the time of his Death Exâ—ences about the Fnner all to the value of thirty six pounds and five shilli after the Death of the same T came to the hands and possession of the same A whereby the same A 4. pounds of the said thirty six pound five shillings about the Funerall of the said T after the death of the same T expended Expences about proving the will and the same A twenty seven shillings of the said thirty sixe pounds five shillings about the probate of the Will aforesaid as Executrix of that Will after the Death of the said T likewise Expended And the same A further saith That she after the Death of the same T. and before the same A had any notice of the said Debt of one hundred and fifty pounds by the same T in his life time to the said E. in Forme aforesaid acknowledged and before the day of purchasing the Writ of Scire facias of the said E. E. to wit such a day and year at London in the said parish of Saint Lawrence in the Old Jury London Payment of the judgment befere notice of such debt and
suit paid to the same M and I twenty five pounds and eight shillings of the said thirty six pounds and five shillings in full satisfaction and payment of the said one hundred pounds nine shillings and four pence to the same M and I in Forme aforesaid owing as by the Record thereof in the same Court of the said late Queene at Guildhall aforesaid remaining manifestly appeareth And the same A further saith That neither the same T at the time of his Death nor the same A after the Death of the same T. before the Day of purchasing the said Writ of Scire facias nor at any time afterwards Nothing else in her hands but goods to such a value which the executrix brings into the Court to pay the plaintiff in part of his debt had any goods or chattells which were of the same T at the time of his Death in her hands to be administred besides goods and chattells to the value of one and thirty pounds five shillings by her in Forme aforesaid administred and besides the goods and chattells to the value of ninety shillings residue of the sayd thirty six pounds five shillings yet remaining in the hands of the sayd A not administred which sayd summ of ninety shillings the same A bringeth here into Court to pay the said E and this she is ready to verifie whereupon she prayeth Judgment if the same E ought to have execution against her for the said 150 l. c. ANd the said E. saith That he by any thing before alledged Replication that no such record of recovery is had in London from having his Execution aforesaid against the same A. for the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death in the hands of the said A to be administred ought not to be barred because he saith That there is not had any such Record of the plaint aforesaid betweene the same M. and I. and the same T. in the Court aforesaid remaining as the said A hath above alledged and this he is ready to verifie whereupon as before hee prayeth Judgment and Execution against the said A. of the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death being in the hands of the said A to be administred to him to be adjudged c. Rejoynder that such a record is had of a recovery in Lond. ANd the same A. as before saith That such a Record is had of the plaint aforesaid between the same M and I. and the said T. M. in the Court aforesaid remaining as she hath above alleadged and this she is ready to verifie here when and how the Court of the Lord the King here shall consider And hereupon the same A further saith That the Mayor Sheriffs and Aldermen of the City of London Custome of L. alledged by the defendant amongst other Liberties Franchises and priviledges of the Citizens of London by diverse late Kings and Queens of England progenitors of the Lord the King now granted and by the said Lord the King now confirmed they have their liberty that they ought to record every Record pleaded before them made or had presently and not otherwise and therefore prayeth for that the Record aforesaid being now in the custody of the sheriffs of the City aforesaid A certiorare awarded to the Sheriffs of L. to certifie c. a writ of the said Lord the King to be directed to the said now Sheriffs of the city of L to certifie the lustices here whether such a Record be had or not and to her it is granted c. Therefore the Sheriffs of London are commanded that searching the Records and other memorables upon Records in the time of the said late Sheriffs of London being in the custody of the said now Sheriff they make appear to the Iustices here in Cr. Trin. whether there is had such a Record of the plaint aforesaid in their custody as the said A. hath above alledged or not the same day is given to the parties aforesaid here c. AT which day here came the same E. by his Attorney aforesaid and the same A. the Record of the plaint aforesaid by her above alleadged Judgement for the plaintiff for failer of the record here at this day hath not but made Default thereof therefore it is considered that the said E. have Execution against the said A. of the said one hundred and fifty pounds by the said T in forme aforesaid acknowledged to be levied of the goods and chattells which were of the same T. M at the time of his death in the hands of the said A to be administred c. Brownlow Nota. NOte That after a Scire facias nulla min. Note and study the diversity 19 H 6 19 tr Record 24. Continuance of â—ul tiel record NOte That the Court held that the Defendant ought to procure the Record to he certified at his perill and not stay the Returne or certificate of the Sheriffs against the opinion of Master Brownlow Prothonotary ANd hereupon by the consent of the said Plaintiff further day is given to the said Defendant to have the Record aforesaid by him above pleaded here untill in Oct. Mich. To shew in form aforesaid c. T 43 Eliz rot 1822. Gibson against Brooke Bar upon a Sci. fac against an executor to have execution of his proper goods after a Devastavit returned upon in a writ to inquire what goods came to his hands after suggestion that diverse goods came to his stands and that he had wasted them after a Nulla bona returned upon a fi fa. of the goods of the Testator Suggestion that the executor had wasted diverse goodr of the Testator See the new book of entries fol. 268. 269. 271 and 272. pl. 5. Petâ—fers case title error A writ of fi fa. de bonis testatoris with a writ of inquiry what goods of the testator the executor had wasted M 2 Jac. rot 1812 H 6 Jac. rot 1806. H against B. T 38 Eliz. rot 910 demurrer upon Scire facias quod bre est insufficiens H 33 Eliz rot 612 W against S H 9. H 6 rot 134 Return vic per inquest de office That the goods of the Testator to the value of 110 l after the death of the testator came to the hands of the executor to be administred and that the executor had wasted the goods Scire facias awarded against the executor to have execution of his proper goods ss Otherwise as it appeareth in Hillary Terme last past roll 1434 London ss It was commanded the Sheriffs that of the goods and chattells which were of W B late c. at the time of his death in the hands of G B. Executor of the Testament
tâ—e Pl. la non comorâ—ns Travers was Comorant and conversant at N. aforesaid within the Isle of Weight in the said county of Southampton without this that he the same day or at any time afterwards was Comorant and coversant at Grayes Inne in the County of Midd. As by the said Record of emanation of the said writ of Exegint above is supposed and this he is ready to verifie whereupon for that the writ of proclamation was not directed to the sheriff of the said county of South wherein the said P. at the day of the issuing forth of the said writ of Exig was comorant and conversant as of right it ought to have beene directed according to the Forme of the statute aforesaid the same P. prayeth judgment and he from the court here of the utlawry aforesaid may be acquitted discharged and set at large c. ANd the said W. saith that he cannot gainesay but that the allegation of the said P. in his discharge of the utlawry aforesaid is true Confession of the garnishee nor but that the same P. at the said Oct. Pur. which day the said writ of Exigent whereupon the same P. was utlawed issuing from the court here was commorant conversant at N. c and that no writ of proclamation in this behalfe was directed to the sheriff of the County of S. as the same P. hath above alleaged c. ANd E. Coke Esquire Attorney generall of the said Lady the Qu. who followeth for the said Lady the Queen in this behalfe Confession of the attorney generall upon a testimony thereof consulting if he knew or would say any thing wherefore the said P. ought not to be discharged from the utlawry aforesaid of which credable information is given him by W. M. of c. and others faith worthy that the allegation of the said P. in the discharge of the same P. from the utlawry aforesaid is true whereupon the same E giveing credit to them sayeth that he cannot gainesay but truly confesseth Judgment that the utlawry be reversed salvo jure Reginae c. that the said P. at the said Oct. Pur. which day the said writ of Exigent whereupon the said P. is utlawed issuing out of the court here was commorant and and conversant at N aforesaid c in the county of S. and that no writ of proclamation was ever directed to the said sherff of S. in this behalfe as the said P. hath above alleaged wherefore it is considered that the same P. be discharged of the utlawry aforesaid and upon that occasion not be molested in any thing nor grieved but goe thereof quiet c. reserving a writ to the Lady the Queen otherwise if c. Entry of a speceill writ of Cap. utlagat amerciament of the sheriff for bad attendance upon the court and not coming to receive a speciall Cap. utlagat Recitall of the speciall Utlagat H 2. Jac. Rot. 1362. Broker Cardigan ss It was commanded the sheriff that he should not omit for any liberty of his county but by the oath of honest and lawfull men of your county you should inquire what goods and chattels lands and Tenements M U c. with all his additions hath or had in his Bayliwick such a day and yeare or at any time afterwards which day he was utlawed in the County of the City of the city of O. at the suit of I. S. in a plea of debt whereof he was convicted As the sheriff of the City of Oxon to the Justices of the Lord the Ki. now here at a certaine day now past retorned P. 24 Iac. rot 323. Vict. in mia 5. marks for retorning trade upon a writ that was ent ed upon Record P. 6 H 8 rot 296. the like sur nichil fec nec remisit H. 8 H 6 rot 333 vic in mia 40 l. for not returning of a writ of Nisi prius H 24 Eliz rot 1702. entry of a speciall amerciament for an insufficient retorn upon an Habere fac possessionem emii Recitall of days given to the sheriff to come and receive the writ sin court And that upon their oath he cause them to be extended and appraised according to the true value of them And such things as shall be found by that Inquisition he cause to be taken into the hands of the Lord the King now safely to be kept so that he may answer to the Lord the King of the true value and issues of them and with them so extended and appraised he make knowne to the Justices of the Lord the King here tli retorn distinctly and openly under his seale and the seales of them by whose oath he had made that extent and appraisment And for that the same M. did ly hid wander and runn from place to place in the county aforesaid in contempt of the Lord the King now and prejudice of his Crowne as the King hath been informed That wheresoever it shall happen the same M. to be found in his Baylickwick aswel within as without the liberties he should take him and safely keep so that he might have his body before the Justices here at the said Terme to do and receive whatsoever the said Court of the Lord the King shall consider in that behalf and it is to be known that at the two severall dayes in that same Term given to the said sheriff of Cardigan by the Court here To come here into the Court and receive the Writ aforesaid to be executed in Form of Law the same sheriff came not here into the Court to receive that Writ therefore the same sheriff to wit R. P. Knight in miserec And he is fined by the Justices here to 12 l. c. TRin. 8. Jac. Rot. 2700 Brownlow Norff. ss It was commanded the Coro of the Lord the Ki of the C. aforesaid that whereas it was testified for the Lord the Ki. in the C. of the said Lord the K. here that divers wits of the said Lord the Ki. by exig of late directed to the sheriff of N. issuing out of the said Court here A special amerciament of the coroners for not certifying of an utlawry after a Cerciorare to them made and before the Iustices here at certain dayes aswell past as to come retornable and many utlawries into the said Court here not as yet certified against the parties Defendants in the same writs named in the county aforesaid published and judgments thereupon are given by the said Coroners And Especially one utlawry against one R. B. late of P. c. in the County of Norff. Gent. at the suite of R. W. in a plea of Debt and because the Lord the King will adhibit due and speedy remedy to the said R. W. in his action aforesaid he doth command the same Coroners that scearching theire Roles and Record and other memorables T. Io 21 23 bayle to an ulawry being in theire custodyes the utlawry aforesaid upon the writ aforesaid
whereas in truth Martine Lumnly was not then sheriff of the said City but certaine Martain Lumnley and the said Peter Probey were then sheriffs of the said City c. M 23. and 24. Eliz. rot 339. Midd. ss For that the same R. by vertue of the publishing of the utlawry aforesaid Utlary reversed for that the Supersedeas upon the Exigent was entred upon Record before the Defendant was 5 exactus to wit the 27. day of Ap. An. c. came here into the court and then proved a writ of the said Lady the Queen of Super quia improvide For that the said Writ of Exigi fac whereupon the said R. is utlawed out of the Court here erroniously issued For that the said Rob. by the said I. C. his attorney at the day of the returne of the plu Cap. thereupon and alwaies afterwards before the issuing forth of the said writ of Exigi facias often times offered himselfe to answer to the said M. in the plea aforesaid By pretext whereof it is commanded to the said sheriff of Midd. that of putting in Exigent utlawing taking or in any thing molesting of the said same R by occasion of the premises he be altogether Superseded as by the said Writ of Supers entred upon Roll in the Court of the Queen in the county held 15. Pas Rot. 1020. it sufficiently appeareth And this the same I. C. for the said R. is ready to veryfie by the Record And so the utlawry aforesaid against him in Forme aforesaid published is void Whereupon he prayeth judgment and that the said R. may be quiet of the utlawry aforesaid and discharged from the court here and set at large whereupon the Record being seene and upon the oath of R. U. servant of the said I. C. of his delivery of the writ of Sup. before the publishing of the utlawry aforesaid To one T. L. then being under sheriff of the county of Mi. before I. Dyer Knight Cheife Justice here examined and also the said T. L. then present not contradicting the reception of the said writ It sufficiently appeareth to the Justices here that the allegation of the said I. C. in discharge of the said R. from the utlawry aforesaid is true therefore it is considered that the said utlawry be adnulled and altogether taken for nothing And that the said R. upon that occasion be in nothing molested or grieved but goe thereof without day c. M 19. Iac. rot 2047. Brownlow London in t B. and E. Oyer of the return of the Ex. fac prayed which being read c. onerari non because he saith that in many places of the said return is used a certaine word to wit Civit. written for this word Civit. which word Civit. so written is no word of sense nor Latine having in it any signification Eaq causa Utlaâ— reversed for this Word Civit. for Civitat H 12 Jac rot 2265 quto for quinto the utlawry reversed by Justice Hutton Hill 8. Iac. Rot. 3526. Coronator for Coronatorum H. 12. Iac. Rot. 1949 Brownl inter S. and S. exact and not written exact with a dash T. 13 Iac. Rot. 3538. ura for vra T 19. Jac. rot 635. Anino for Anno. H. 11. Ja rot 3524 praedictus for praedictis same roll mercii for marcii rot 3522 mertris for martins ad Com. Exon for ad commit Civitatis Exoniae T 13 Jac Rot. 3527 Brownlow quinto Exactus for quarto Exact 13 Jacobus Rot 2538 utlawry that it appeared not where the Castle of Leic. is Hill 12. Iac. rot 2265. T. 13. Iac. rot 3538 that there is no such Feast as Kenelim Rs. and Martiris T. 13. Iac. Rot. 635. for no returne in the Writ of Exigi fac-to warrant the writ H. 37 Eliz. rot 132. non comperuit omitted in the retorne of the Exigi fac P. 24 H. 6. rot 24. reversall for that 2. Cap. were filed and not the plures T. 9. Iac. rot 129. Crompton for that the Feast at which the first hustings were held was before the Test of the Exigi fac M 10. Iac. rot 1709. Brownlow reversal for false Lattine Vtlary of the intestate reversed by the Administrator by speciall entry in the same term in which the Utlary was reversed to wit comperuit for comperuere H. 11. Iac. rot 3522. reversall for that it appeareth not in the returne that the old sheriffs had delivered the Writ to the new M 21. Iac. rot 3059. Brownlow Norff. ss It was commanded the sheriff that he should not omit for any liberty of the County aforesaid but that he should take I. B. late of F. in the County aforesaid Gent. Executor of the Testament of I. B. late called I. B of F in the County of Norff Yeoman utlawed in the County aforesaid 6 Ap. An. 22. Eliz. at the suite of W. Gray Administrator of the goods and Chattles which were of R. G. who dyed intestate c. T 3. or 5 Car rot 531. the like for B. in a plea of debt whereof he is convicted if c. And safely c. so that he should have his body here at this day to wit in Oct. Martini to doe and receive what the Court of the Lord the King shall consider of him in that behalf Return mortues And now here at this day to wit in Oct. S. Martini the sheriff of the said County of Norff. to wit R. B. Baronet retorneth that the said I. H 12 Jac rot 829. tiel H 45 Eliz rot 2834. generall pardon pleaded by the Executor for him that died utlawed is dead And hereupon came in to the Court one R. S. of F. in the county aforesaid Gent. Administrator of the goods and Chattles which were of the said James in his proper person and saith that the said Iames after the publishing of the said utlawry to wit The 8. day of Ianuary An. 20 Rs. nunc at F. aforesaid dyed intestate c. And that the administration of the goods and chattles which were of the said I. at the time of his death by Robert Redmaine Doctor of laws c. The tenth day of Ianuary An. Dom. 1622. at F. aforesaid to the said administrator after the death of the said Iames was committed and he bringeth here into the Court the letters administratory of the said Officiall which the commission of the administration aforesaid in Forme aforesaid testifie c. whose date is the same 10. day of Ianuary An. Dom. 1622. abovesaid and for the securing of the goods and chattles which were of the said I. at the time of his death from the utlawry aforesaid he prayeth the hearing of the return of the said writ de Exigi Faciend whereupon the said Ia. at the suit of the said VVilliam was utlawed And it is read unto him in these words Norff. At my county held at the castle of Nor. within the shiere-house in the county aforesaid the 25. day of December An. Reg. 24 within written The within
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
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
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
with the appurtenances according to the Extent aforesaid to the said Edward should be delivered and c. And hereupon the sheriff is commanded that he remove the same Hum. from the possession of the mannor and Tenements aforesaid with the appurtenances and the moyety of the same Mannor and Tenements aforesaid with the appurtenances according to the Extent aforesaid without delay he should cause to be delivered And in asmuch c. the sheriff make to appeare here 15. Hill at which day here came the said Edward by his Attorney aforesaid and the sheriff of the said County of Stafford to wit R. M. Esquire now returneth that he by vertue of the writ aforesaid to him directed the 20 day of January An. c. 10. came to the mannor and Tenements aforesaid with the appurtenances And the same Humphery P from the possession of the Mannor and Tenements aforesaid with the appurtenances removed And the moyety of the same mannor and Tenements aforesaid with the appurtenances to wit one Close called the Mills of the yearly in all issues besides reprises 8 l. and so recite such premisses as are expressed in the Writ by the first Inquisition unto beyond reprizes 4 l. being the equall and just moyety of the whole Mannor and of all the Tenements aforesaid with the appurtenances to the same Edward B. made to be delivered according to the extent aforesaid in the Inquisition aforesaid above made as by the said Writ it was commanded to him c. Entry of a Sci. fac against the Conusee in a statute merch brought by the conusor to have back the possession of lands extended for that he is satisfied M. 47. E. 3. fo 11 Pl. 9. fit Sci. fac 96. T. 17. E. 3. fo 43. Pl. 38. T 19 Jac. rot 2159. Brownlow London ss It was commanded the sheriffs that they should take the body of Thomas Leake of L. in the County of Nottingham Gent. if he were a Lay-man and in the prison of the Lord the King under their custody should safely keep untill unto G. Woodnot of S in the same County Gent. of four hundred pounds which the same Thomas the thirtieth day of October Anno Regni c. 4. before I. R. then Mayor of the City of Lincolne and Leonard Carr Clark deputed to take the Recognizance of Debts within the City acknowledged himselfe to owe to the said George and which to him at the Feast c. then next following he ought to have paid and the same to him hitherto he hath not payd as it is said and insomuch as shall be executed of that precept of the Lord the King they should make knowne to the Justices of the said Lord the King at Westminster in Cr. S Trinitatis An. Rs. c. 18 And the same sheriff to the Justices of the Lord the King at Westminster at that day retorned H. 17. Jac. rot 293 â— L. a. R. and F. the like Scire fac upon a promise that the conusee is satisfied pro fluxum temporis That the said Thomas was not found in their bayliwick Therefore it was commanded to the sheriff of B. that all the goods and Chattles of the same Thomas and all his Lands and Tenements whereof the same Thomas at the day of the acknowledgment of the debt aforesaid or at any time afterwards was seised unto those hands soever they have came unlesse they descend to some heir being within age by hereditary descent you cause to be delivered to the said George by resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattels And to hold the Lands and Tenements aforesaid as his Free Tenements to him and his assignes according to the Forme of the statute thereof provided untill the Debt aforesaid together with reasonable Damages costs charges as in labours suits delayes and expences he had therein levied T 39 Eliz rot 1711. the Defendant after judgment and before execution makes a Feoffment in fee to I S who enfensss J N and then the lands are extended the second Feoffee bring the moneys into the Court and prayeth restitution the Plaintiff warned comes and receives the money and restitution was awarded and in asmuch as the said sheriff had executed the said precept of the said Lord the King he should make appeare to the Justices of the said Lord the King at Westm from the day of the holy Trinity in three weeks An. R. c. 18. At which day Humphery Foster Baronet sheriff of the County of Berke then returned to the justices of the Lord the said King at Westm a certaine Inquisition before him at Winsor in the County aforesaid the first day of Iuly then last past taken by which it was then found that the said Thomas after the Recognizance of the Debt aforesaid and at the time of taking of that Inquisition was seised in his Demesn as of Fee and right of and in the Mannor of W. otherwise E. W. and also of the Scite and Mansion house of the same mannor of W. otherwise E. W. And so recite the whole Inquisition verbatim unto the issues besides reprises of 50 l. which said mannor and Scite and of the mannor aforesaid with all their appurtenances the sheriff aforesaid the first day of July delivered by the extent aforesaid to the said George to hold to him and his assignes as his Free Tenement untill the Debt aforesaid together with the reasonable and necessary Damages costs and charges should be levyed thereof as by the same writ and returne thereof in the same Court of the Lord the King here of Record remayning manifestly appeareth And although after the taking of the Inquisition aforesaid the said George was satisfied of his Debt Damages costs necessary and resonable charges Neverthelesse the same G. possession of the Mannor Tenements aforesaid with the appurtenances yet holdeth as by the information of the said Th. the King understandeth The Lord the King willing to do in this behalfe what is just and consonant to reason doth command the sheriffs of London that by honest and lawfull men of their bayliwick they should make knowne to the said George W. that he should be here at Westminster in Crastino S. Trinitatis to shew if any thing c. Testat Sci Fac awarded wherefore the same George whereas to him of his Debt Damages Costs and resonable and necessary charges it hath been satisfied possession of the mannor and Tenements aforesaid with the appurtenances he ought or can hold At which day the sheriff returne to the Justices of the Lord the King here that the said G. hath nothing in their bayliwick whereby they could make knowne to him neither was found in the same whereas it was Testified in the same Court of of the Lord the King here that he hath sufficient in the County of Nott. whereby the same sheriff can make knowne to him whereupon it was commanded to the
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
pregnant with his brother is past and prayed Justice to be exhibited to him so that the same Muriel come come before the justices of the Bench upon command upon VVednesday next before the Feasts of the Appostles Peter and Paul in the second year following And the same Muriel said that before to wit that she was pregnant and by the said William and well acknowledgeth that his terme of being borne is past and she expects the mercy of God and the said Peter likewise said that the terme is past and prayeth this to be allowed him And hereupon it is found that 48. weekes have passed since the first Wednesday wherein she acknowledge that her husband departed from her but afterwards she acknowledged that she was not with child but long since being sore greived with such an infirmity that she thought herâ—elfe to be with child Confession that she is not pregnant Iudgment Therefore it is considered that Peter be received as heire of the said VVilliam and may have his inheritance notwithstanding this that she made herself impregnant Et habeat brevia ad dominos suos c. hereupon came the same Peter and prayeth juâ—gment whether she ought thereof to have her dower because she to disinherit him falsely made her selfe impregnant Vtlawry P 4. Jac. rot 808. Brownlow ss It was commanded the sheriff that he should not omit for any liberty of his county but should take R. W. late c utlawed in London Entry of a non omit upon a Cap. utlagat Denbigh Vtlawry such a day and yeare at the suite of H. B. in a plea of debt if c. and safely c. so that he might have his body here this day to wit in Pas to do and receive what the Court of the Lord the King here shall consider of him in that behalfe c. And now here at this day came the said H. by â— Guy his attorney and the sheriff to wit I W. Esq now retorneth that he by vertue of the writ aforesaid to him directed commanded the Bayliff of the liberty of the Towne and liberty of Denbigh Mand. Ballio who hath the returne of al the writs and the execution of them within the liberty aforesaid which said Bayliff gave him this answer to wit that they have taken the body of the said R. and have him ready Amerciament vir Notwithstanding the said Bayliffs have not delivered his body to the said sheriff according to the strictnesse of that command but yet keep the body of the said R. under the custody of the said Bayliffs so that the sheriff could not have his body at the day and place aforesaid as it was commanded him And because it seemeth to the justices here that the said â—etorne is insufficient in Law the said sheriff Attachment awarded to the Coroners for Contempt to wit I. W Esq in mercy and fined by the Court here to 6 l. 13 s. 8 d. And it is commanded the Coroners of the county aforesaid that they attach the said sheriff so that they may have his body here in 15. Trin. to answer the Lord the King of the contempt c. Entry of the reversall of an Vilary against the Intestate prosecuted by the Administrator for defect in the return of the writ of Exigent for that three Hust were held after the return of the Exigent Letters of administration shewed Pas 36. Eliz. rot 1990. ss Afterwards that is to say 12. February An. 39. Eliz. came here into the Court one T.H. of c. and said that the same I. N. after the utlawry aforesaid against him in Forme aforesaid published died dyed instate c. And that the same T. is Administrator of the Goods and Chattels which were of the same I. at the time of his death bringeth here into Court the letters administratory of I. by divine providence Arch-Bishop of Cant. Primate and Metropolitan of all England which are dated at London 14. Feb. An. Do. 1596. which the commission of the administration of the goods and Chattles which were of the same I. at the time of his death to the same T. in form aforesaid testifie c. and prayeth the hearing of the return of the said vvrit of Exigent retorned in the Bench here against the said N. in Oct. S. Mich. and it is read to him in these words at the Hustings of the pleas of Land held at Guild-Hall in the City of London upon Munday next after the Feast of S. Dunstan the Arch-Bishop An. 38. within written the within named I N. was the first time called and appeared not At the Hustings aforesaid upon Munday next after the Feast of Boniface Bishop An Suprad the said I. was the second time called and appeared not at the Hustings of the pleas of land held in G. in the Citty aforesaid upon Munday next before the Feast of the Annunciation c. An. Supr the said I. was the third time called and appeared not At the Hust of the pleas of L. and held in Guild-Hall in the City aforesaid upon Monday next before the Feast of S. Marg the Virgin An. Sup. the said I was the fourth time called and appeared not at the Hustings of the pleas of land of the City aforesaid held c the said I. was the fiâ—â—t time called and appeared not therefore he is utlawed The answer of T. L. L. H. sheriffs that writ is above indorsed we the now she of L. have received of the laâ—e Sh. of L. the going from their Office the answer of I. W. R.G. sheriffs which being read and heard the same T H. saith that the utlawry aforesaid against the said I. in Form aforesaid publ shed and had is void in law and of no force nor effect Error for that the three Hust was hâ—ld after the day of the return of the Exigent for that that it appeareth by the retorne aforesaid that the same I. was the third time called upon Monday next before the Annunciation of the Blessed Virgin Mary which said day of Monday next before the Feast of the Annunciation c was long after the retorne of the said vvrit of Exi whereupon the retorn being seene And by the justices here fully understood it seemed to the Justices here that the allegation of the said T. is true Therefore for the defect aforesaid Judgment that the Vtlary be reversed and divers others in the retorne aforesaid it is considered that the utlawry aforesaid be adnulled vacated and altogether taken for nothing c. Pas 4. Eliz. That an utlawry was reversed for that Nota. Utlawry reversed for that the 3. proclamations upon the writ of proclamacion in a forreigne county was made that day the pes Was 5. exact upon the Exig that it appeared upon the retorne of the proclamation the third proclamation in the County of Essex was made the same day that the guinto Exactus was made upon the exigent in
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
occasion shall not be molested or in any manner greived but be thereof in quiet and dismissed at large c. T 10. Jac. rot Brownlow London Reversall for that the Defendant was the 1 and 2 time called before the Tâ—ste of the Exigent R. adds of Evans Utlawry reversed for variance between the Originall Writ and the Exigent in this that in the Writ of Exigi fac this word Gent. which is the name of the degree of the said Henry is omitted which is inserted in the Originall writ Et pro ea causa c. T 11. Jac. rot 1521. Brownlow Int. G. and P. Outlawry reversed for that the Defendant was the first and second time called before the Teste of the Exigent T 18. Eliz. rot 1529. Civit. Bristoll ss Afterwards to wit Vtlawry reversed for that the 5 County was held as appears by the returne of the writ before the Teste of the Allocat the fourteenth day of May then next following came here into the court one T. D. on the behalf of the sayd Ellen and prayeth heareing of the Writ of Allocat whereupon the Waviary aforesaid is published against the same E. and it is read unto him in these words Elizabeth by the Grace of God c. reciting the whole Writ Test 16. die Novemb. anno c. 18. And also prayeth hearing of the Returne of the said Writ and it is read to him in these words Alloc to her four Countyes c. Att our County held at the City of Bristoll in the Guildhall there 13. Ian. Anno infra script c. which being read and heard the same T. D. faith for the said Ellen That the Return of the said Writ of Allocat is insufficient in Law for that by the Return it evidently appeareth to the Justices here that the said fifth County held the same thirteenth day of Ian. Anno 18. abovesaid at which County the said E. was the fifth time called and appeared not was held Before the issuing forth of the sayd Writ of Allocat whereupon the said Writ Mich 6 7 Eliz oâ— 1971. the like siâ—e and returne upon the said Writ made by the Iustices here being fully understood it doth seem to the said Justices here that the said Returne is insufficient in Law whereby the Waviary aforesaid against the same E. in forme aforesayd published and had is altogether void and of no force nor effect in Law Therefore let no processe nor any other thing against the said E. upon the Waviary aforesaid The Sheriff amerced for ill returning of the Writ of Allocat be further made c. and the sheriffs of the sayd City of Bristoll to wit A. and B. in mercy for the insufficiency of the Return aforesaid made and they are fined by the Justices here at twenty shillings c. T 7. Iac. rot 3648. Brownlow ss Prayeth hearing of the Return of the Writ of Exigent and it is read unto him in these words A County holden at the Castle of Salop Utlary reversed for this word Meâ—m T. 13 Jac â—ot 633. c. which being read c. Onerari non because he saith that by the Returne aforesaid it appeareth not that the Countyes aforesaid in that Returne specified whereunto the said Iames was in forme aforesaid called were the Counties of the said sherif of Salop as by the Return aforesaid it ought to appear whereupon c. the Outlawry was reversed Int. Burmom and Ap-Thomas Salop T 7. Jac. rot 3647. Brownlow hereof Oyre of the retorne of the Exigent prayed at the hustings of the common Pleas in Guild-hall of the City aforesaid upon Munday next after the Feast Utlary reversed for omission of this word Tent. and for Sâ—do for being without a tittle â—r dash c. the same Henry was the second time called and appeared not which being read c. Onerare non Because he saith that by the retorne aforesaid it doth not appeare that any hustings of Common pleas were held at the Guild-Hall in the City of Herford the said Monday next after the Feast c. in the same retorne mentioned for that this materiall word Tent. in the same retorn was there omitted And also for that this word Scdo in the same retorne specified was written without any dash having no signification And for those causes and others c. pet judicium c. may be discharged from the utlawry c. And it is reversed Int. Vaughan and Masters Vtlary reversed for that the Capias was not returned M 32. and 33. Eliz. rot 131. Brownlow Midd. ss It was commanded the sheriff that he should not omit c. and here upon the said I prayeth hearing of the said writ of exigent whereupon he at the suit of the said W. is utlawed And it is read unto him in these words Elizabeth c. which being read and heard the said I. saith c. because he saith that the originall writ in the Court here in Oct. S. Mich. An. Reg. c. 30. retornable and was retorned and that upon the same writ three Writs de Capiendeum by the Court here in Mich. Terme An. Regin 30. and 31. were considered and adjudged As it appeareth in the Roll of the same Term To wit one of the said Writs de Capiend retornable in the court here in Cr. Ani. An. 30. abovesaid one other writ de capiend by the Court here in Form aforesaid considered and adjudged retornable at the said Cr. Ani. in the same Court here amongst the writs of Cr. Anim. An. 30. abovesaid in the said County of Ebor. is filed which said writ is not retorned whereupon the Justices here can in no wise certifie in Execution of the said Writ that it is indorsed As by the said Writ of Capias amongst the said Writs de Cr. Anim. in the Court here filed fully appeareth And so the said writs of alias and plures Capiend and the said Writ of Exi against the same I. afterwards considered and adjudged erroniosly and without sufficient warrant issued And for that cause he prayeth to be discharged by the Court here from the utlawry aforesaid c. whereupon the said Writ de Capiend filed in the Bench here at the said Cr. Ani. being seene it sufficiently appeareth to the Justices here upon Record that the allegation of the said I. is true therefore it is considered that the said I. by occasion of the utlawry aforesaid be not molested nor greived but goe thereof quiet c. T 16. Iac rot 3109. Brownlow between Ioanes and Griffin Vtlary reversed for infram for infranominat dua for duo utlawry reversed infrom for infra nominat and dua for duo T 16 Iac. Rot. 3114. Brownlow in t Washer and Dignbey In this that it appeareth to the Court here Vtlary reversed for the misplacing of the Sheriffs names that that writ was retorned by certaine Peter Proby and Martine Lumnly sheriffs of the City of London
been held And this they are ready to verifie whereupon c. T 8. Iac. rot 4640. which being read and heard onerari non Vtlary reversed for omitting the second exact between the first and third because he saith that by the retorne aforesaid it evidently appeareth that the said R. was never the second time called upon the said Writ of Exi fac so that the utlawry aforesaid against the said Ric. the second calling of him the said R. upon the Writ aforesaid being omitted was published and had so that the utlawry aforesaid against him the said R. so published and had is void and this c. The utlawrie is reversed Januaii for Januarii Vtlary reversed for omitting the return of the Plu. cap. in the close of the Exigent H 22. Iacobi rot 1404. Ianuaii for Ianuarii H. 7. Iac. rot 3503 utlawry reversed for omitting the retorn of the plu cap. in the close of the Exigent P 10. H. 4. rot 337. One renders himselfe prisoner to the Fleet upon an utlawry And because it appeareth that the exigent was not entred upon record in any other Terme he is discharged of the utlawry and set at large Norff. I. at the suit of D. Veiwe Entry of a writ of view in Formedon in discender and a quashment of the same for a speedier returne thereof then by Law it ought TRin. 8. Iac. roll 485. Wolastone City of Yorke ss It was commanded the sheriffs that without delay they should cause to be had to the Gardian searcher or master of the Scoole and Elemosinary poore of the Hospitall of S. Iohn the Baptist in K. R. the view of one Mesuage with the appurtenances in the parish of Arpon the pavement which William Lister in the court here claimeth against them as his right by writ of the Lord the King de forma donationis in discendere and that it should be said to 4. Knights who should be present at that view That they should be here at this day to wit in Cr. Trin. to testifie the said view And that they should have here the names of the Knights and that writ and now here at this day came aswell the said W. L as the Gardian c. by their attorneys aforesaid and upon this Writ of view is quashed because it appeareth here that the said writ is vitious to wit in this that it issued forth retornable here on the said morrow of the holy Trinity where it ought by due course of Law to have beene made retornable here tres Trin. because the plea aforesaid had his last continuance untill Oct. Pur. Beat. Mariae last past Therefore at the petition of the demandant A new writ of view awarded and by the consent of the attorny of the said Guardion c. let another writ thereupon be made in Form as aforesaid retornable here in Cr. Anim. And in the meane while c. at which day here came the parties c. by their attornies and the sheriff sent not the Writ Therefore let another Writ thereof be made in Form aforesaid retornable here tres Pas the same day is given to the same W. L here c. TRin. 11. Iac. roll 3388. Goldesburgh Ebor. ss The sheriff was commanded that he should attach William Denton so that he might have him here at such a day to answer W. H. Gent. one of the attornies Entry of a baile taken upon an attachment of Priviledge in an action of debt c. according to the liberties and priviledges c. of a plea of debt c. and now here at this day came aswell the said W. H. in his proper person as the said W. D. in his proper person under the custody of the sheriff of the county aforesaid by vertue of the Writ aforesaid here brought to the bar And hereupon such a day that same Term before Peter W. Knight one of the Justices of the said Lord the King c. at his chamber in Chancery-lane London came the said W. D. in his proper person under the custody of the sheriff of the county aforesaid And hereupon one R. W. of Cliffords Inne London being present in his proper person before the said Justices undertooke for the said W. D. H 8. b. 8 rot 1. an appearance entred upon an attachment upon an information in the summe of 20 l. and the said William D. assumed for him selfe in the summe of 40 l. to have the body of the said W. D. here in court from day to day at every day of pleading untill the plea be determined and judgment be thereupon given and also if it happen judgment in the same plea to be adjudged for the same W. Hamp against the said W. Denton would satisfie or render his body in execution to the prison of the said Lord the King of the Eleet upon that judgment which said sum of 20 l. the said R. acknowledged to be made out of his lands and chattles and which said summe of 40 l. the said Will. Denton acknowledged Recognizance enrolled c. as in others which said recognizance the said Justice with his owne hands delivered here in Court that same Terme to be inroled upon record T 28. H. 8. rot 328. View View was granted in a Writ de consuetudinibus and Servitiis M 2. and 3. P and M. rot 315. Norff. ss Alias writ of view awarded where the Sheriff retu ned upon the first writ of view that none of the Demandants would shew him the lands It was commanded the sheriff that justly c. he cause to be had to T. K. Knight the view of the mannors of B. B with the appurtenances which Geo. O. Esq in the Court of the Lord the King and the Lady the Queen here claymeth against him by Writ of the said Lady the Queene de ingru in le per And that he should say to 4. Knights who would be present at that view that they should be here at this day to wit tres Mich. to testifie the said view And now here at this day came aswell the said G. by I. C. his attorney as the said T. by P. P. his attorney And the sheriff to wit I. S now retorneth that none on the part of the said demandant came to shew the said sheriff the Mannors aforesaid and for that default he could by no meanes execute the execution and command of that Writ As that Writ in it selfe doth exact and require Therefore as before let the said Thomas have view of the Mannors aforesaid with the appurtenances the same day is given aswell to the said George as to the said Thomas here c. in Cr. Pur. and in the meane time c. THat the view ought to be examined in an assize and Wast and that there ought to be 6. Nota. Recognitors to have the veiw and that 4. of them be hundreders c. Venire Facias P 3. and 4. P. and M. rot 126. Whotly