Body of the aforesaid A.B. before the Justices within written at the day and place therein contained I cannot have as within I am commanded By vertue Latitat c. I have taken the Body of J.C. within named whose Body before our Lady Queen wheresoever shee shall be in England at the day and place therein contained I have ready as within I am commanded And if the Defendant which is so taken be sick in Prison or if the Sheriff will be at no cost to remove him to Westminster before the Justice saccording to the contents of the Writ then so By vertue of this Writ A.B. Sick within written is taken by his body and in such a prison or Goale so sick and weak that his body at the day and place within named I cannot have wiihout danger of death By vertue of this Writ to me directed Otherwise I have taken the body of within named J.S. which truly J. is in Prison of our Lady the Queens at F. so sick that without danger of death I cannot have him before the Justices within written at the day and place therein contained as I am commanded Which truly J. is so vexed with divers infirmities Otherwise that him without great perill of Death and for the weaknesse of his Body before the Justices within written at the Day and Place therein contained I cannot have as within c. R.D. within named was taken by J. C. Constable of the Town of D. at T. in the County of D. Otherwise for Felony for suspition of Felony and for that cause in the Gaol aforesaid under my Custody was detained and in the same Gaol is so sick that by no means he can labor or can be carried or so Whose Body I have ready before you at the Day and Place within contained Otherwise Supersedeas upon Capias to do what that Writ in it commandeth and requireth By vertue of this Writ I certifie you that after this Writ was delivered to me to take R.T. and other Defendants in this VVrit specified the same K. and others within named brought to me a Writ of our Lady the Queens of Supersedeas which is fastened to this Writ by vertue of which Supersedeas not at all c. By verrue of this Writ to me directed Supersedeas after Cepi Corpus I have taken the Body of the within named B.D. which afterward brought to me a Writ of our Lady the Queens of Supersedeas to me directed and fastened to this Writ therefore his Body before the Justices within written at the Day and Place aforesaid I could not have as within I am commanded And if upon this Writ there be sent another Writ which is called a Habeas Corpus then thus To have his Body and the Body with the Cause By vertue of this Writ I certifie you that before the coming of this Writ Sick by vertue of a certain other Writ to me first directed A. B. within written in the Prison of the Castle of our Lady the Queen of E. is imprisoned and there so sick and weak doth lie and in the same Prison yet sick and weak lieth so that him for fear of Death I cannot remove therefore the Body of the said A. B. at the Day within named I cannot have c. And in these Writs there are divers manners of Returns and divers of them are so By vertue of this Writ I certifie you that before the comming of this Writ W. B. within named was taken in another place and committed to the Queens Prison of W. By vertue of which other Writ to me first directed the Transcipt whereof is sent to you fastened to this VVrit notwithstanding the Body of the said W. I have ready to come before you at the day and place within named as within it is commanded me c. VVe Sheriffs aforesaid signifie unto you Trespasse that before the coming of this VVrit of our Lady the Queens to us directed and fastened to this VVrit J. F. of T. in the said VVrit nominated was taken in such a place and committed to our Lady the Queens Prison of W. for twenty pounds of Damages T. C. of N. in a Plea of Trespasse in the Queens Court in the said City of E. before us the said Sheriffs held and adiudged and likewise the said J. is detained in Prison aforesaid at the the Suit of W.S. in a Plea of Trespasse before us the said Sheriffs in the Court aforesaid had and prosecuted yet his Body c. as in the next Return before c. By vertue of this VVrit I signifie to you that before the coming of this VVrit of our Lady the Queens Felony R.A. in the said VVrit named was taken in L. and committed to the Prison of our Lady the Queens of W. for suspition of a common Theif and further the said R. was detained in the said Prison for that that he for divers Felonies by him done and committed at D. in the Hundred of A. is indicted as I am informed and another time taken armed at I. in such a County was carried to the Prison of our Lady the Queen and the said A. the same Prison of our Lady the Queen felloniously broke and from thence escaped as it is said notwithstanding the Body of the said R. as above c. By vertue Excom c. I certifie you that before the coming of this VVrit A. W. within named by the Ecclesiastical Censure in the Church of N. such a day and year c. for his Contempt and such like is excommunicated and the said A. by the Ordinaries of the Church of Saint Martins Justices in the Premises as yet stands in the same Church excommunicated and this is the cause of the taking and imprisoning the aforesaid A. notwithstanding the Body of the said A. W. before our Lady the Queen at the day and place within contained wheresoever she is I have him ready as c. Before the coming of this VVrit C.D. Counterfeit Money within written was in such a place and Prison of our Lady the Queen of R. committed for suspition of counterfeiting Money of the Queens and for that cause and no other is detained in the said Prison notwithstanding the said C. D. before you at the day and place within contained I have ready as within is commanded B. W. was taken at D. in the County of E. by H.S. Murder Steward of T. F. and before the said Steward at a Hundred held c. was indicted for the death of J. T. by the aforesaid B. slain and by the aforesaid Steward was sent the Queens Prisoner to R. which truly Indictment remains with the aforesaid Steward notwithanding the Body of the said B. before our Lady the Queen in her Chancery at the day in that contained wheresoever he be c. I have ready as that VVrit in that commands and requires c. Here follow divers Causes upon Returnes
named to the value of one house c. as in the VVrit is contained such a day and year according to the form of this writ or as it is within commandêd me or as the writ in that commands and requires or Otherwise The third part of the Houses Gardens and rest of the Premises as within I am commanded The execution of this writ doth appeare in a certain scedule to this writ annexed By vertue c. and to this scedule annexed Scedule such a day and year I have made E. B. widdow to have nominated in the said writ full seisin of the third part of the Mannor of B. with the appurtenances in the same writ specified that is to say c. and reherse the particulers as in the writ to hold to the said J. B. in severalty by Metes and Bounds in the name of the whole Dowry of the said J. to the said J. belonging of all the Mannor in the aforesaid writ specified as by the said writ I am commanded By vertue c Reseisin such a day and year I caused the Messuages or Tenements within written to be reseised and G.C. within nominated into full possession of the said houses or Tenements with the apurtenances I caused to be put according to the force form and effect of the Statute before specified as within I am commanded By vertue Summons of a Knight c. I have caused to be summoned A. B. Knight one of the Knights of my County girt with a Sword by B T. and C.B. that he should be before the Justices within named at the day and place within named as this Writ in that commandeth and requireth Manucaptors of the within named A.B. B.T. and C. B. J.D. R.R. Issues of every one of them twenty shillings By vertue c. Scire facias upon appearance Scire feci the within named A. B. and C. D. that they should be before the Justices of our Lady the Queen within written at the Day and place therein contained to answer R.H. within named by J.H. and R.S. good and lawfull men of my bailiwick By vertue To heare a Record c. Scire feci T.A. E. his wife within written by J.J. and R.T. that they be before our Lady the Queen at the day within written whersoever c. to hear the record and process whereof this writ maketh mention and further to do and receive all and singuler as this writ commands Nihil A.B. within named have no Lands or Tenements Goods or Chattells in my bailiwick that I can make him know as that writ c. Neither is he found in the same By vertue c. Scire feci W.B. Administrator of the Goods and Chattells which were T. P. within named by W. G. and G. K. good and lawfull men of my bailiwick Against Executor or Administrator to be before our Lady the Queen or the Justices at the day within named neither were there any more Administrators of Goods and Chattells which were of the said T.P. in my Bailiwick to whom or to which for present I could Scire facere By vertue c. Scire feci T.V. within named that he should be before the Justices within written at the day and place within contained Upon trespas utlagat the Chancery by J.S. and R.G. to do that which this writ in that commandeth and requireth By vertue c. Scire feci W.C. Knight within named that he be before our Lady the Queen in her Chancery at the day therein contained wheresoever he be in England to shew and propound as that writ in that requires by J. M. and W. D good and lawfull men of my bailiwick according to the form of this writ By vertue c. Scire feci J. C. within named Before the Queen that he should be before our Lady the Queen the 13. Day of N. to shew and further to do and receive and as that Writ in that commands and requires by A.B. and C.D. good and lawfull men of my Bailiwick according c. By vertue c. Scire feci J.C. within named Before the Justices of the Bench. that he should be before the Justices within written at the day and place within contained to shew if he have any thing for himself or knowes to speak why the within named W.H. and R.E. Execution for the Debt and Damage as within mention is made against the said J. C. should not have as this Writ in it commandeth and requireth by J.W. and R.C. good and lawfull men c. By vertue c. such a Day and year c. By what right I took into the hands of our Lady the Queen the Tenements within written with the Appurtenances and further the same Day and year Scire feci as well A.B. cheif Lord of the immediate Fee of the Tenement within written with the Appurtenances as the within written H.D. by good and law full men of my bailiwick that they should be before the Justices within written at the Day and place therein contained to hear the recognition within written as within it is commanded me and further I certifie the same Iustices that there is not any other cheif Lord of the Fee aforesaid mediately or immediately between the Queen and thewithin written A.B. to whom Scire facere potui By vertue of this Writ to me directed Fieri facias I have taken in Execution the within named ten pounds of the Land and Chattels of the aforesaid R.W. which truly ten pounds before the Justices within written at the Place and Day within contained I have ready as this Writ â—n that commands and requires c. Execut. upon Devastavit By vertue c. Fieri feci a hundred shillings of the Goods and Chattels of the within named W.H. which truly hundred shillings before the Justices within written at the Day and place there in contained I have ready as c. and further I certifie the same Justices that the Executors within written have utterly wasted the Goods and Chattels of the within named W. H. the Testator so that the said summ of ten Marks within written nor any parcell thereof for present can I levy by Fieri facias The within named R. B. hath no Goods Nothing or Chartels Lands or Tenements in my Bailiwick so that I can levy the Money within specified by Fieri facias as within I am commanded neither is the said R. to be found nor is there any such person in my Bailiwick A. M. within written Otherwise hath no Goods or Chattels within my Baliwick of which I can make Execution of that Writ as c. neither is he found in the same nor hath any Lands or Tenements at the fourth Day of January nor ever after as it appears in a certain Schedule annexed to this Writ By vertue Where Good remain unsold c. I have taken the Goods and Chattels of the within
perform the covenants of an Indenture the Defendant alledges them performed specially and one Covenant was that J S should pay to the Plaintiffe 10 l. and he said that he offered it to him and the Plaintiffe refused by Fitzh and Shelley he need not say yet ready 27 H. 8. fol. 1. Debt upon an obligation The Defendant saith that it is endorced upon condition that if the Prior of W. made an obligation to the Plaintiffe before such a day that then c. And saith that the Prior tendered that to the Plaintiffe and he refused it and shall nor say yet ready for it is a thing out of his power and to be made by a stranger 10 H 6. fol 17. If a man be bound in 20 l. and the condition is to pay 10 l. if the Defendant plead in debt upon the obligation that he tendred the 10 l. at the day and the Plaintiffe refused it yet he shall say yet ready But if the condition were that J. S should pay at the day to the Plaintiffe and the Plaintiffe refuse he shall not say yet ready 14 H. 6. fol 24. Debt upon an obligation of 10 l. the Defendant pleads that after by Indenture of defesance the Plaintiffe granted that if the Defendant paied unto him 20 s. such a day that then the obligation should be void and saith that he tendred to him the 20 s. at the day and he refused it and by Prisot he shall not say yet ready 33 H. 6. fol 2. Debt upon an obligation the condition to pay a lesse sum this lesse sum is parcell of the sum in the obligation and for that the Defendant shall say yet ready but otherwise it is where the condition is to stand to the award or other collatteral matter there the Defendant shall not say yet ready 20 Ed 4. fol 2. The Court Roll. THe Court Baron of W. T. Prebend of Islington Gentleman Farmer of R. F. Clark Prebend of the preben dary aforesaid there to be held the Tuesday that is the 6 day of May the year of the Reign of our Soveraign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the faith the â—oth L. H. by W. I. essoyned of Common Essoyne Homagers Jury J. H J. P T. G R. M R. H R. E T. L R. W R. B W. R T. W. First they say upon their Oath Default of the Freeholders W. A 4d J. H 4d and R. B 4d are Freeholders of this Mannour and owe suit to the Court and at this day have made default Therefore every of them in the mercy as it appears upon their heads Also they say upon this Oath Des Tenants by Copie of the Rolâ— that W. J. 2d and J. R. 2d are Tenants by the Copy of the Rolls of this Court and owe Suit to the Court and at this day made default therefore either of them in the mercy as it appears above upon their heads Also they present that W. J. which held of the Lord freely one house Death and 30 acres of Meddow and Pasture with the appurtenances within this Lordship by fealty suite of Court and by the yearly Rent of 6 d. dyed of such an estate so seized and that R. J. is son and next heir of the aforesaid W. J. and is of the Age of 10 years and came to Court the aforesaid W. J. and payeth to the Lord for releif â—â—d and made his fealty Also they say upon their Oath Alienation that G. B. which of the Lord held freely one Cottage one Orchard and 6 acres of mâ—ddow with the appurtenances by his deed indented bearing date the 6th day of January the year of the reign of the said Queen gave granted bargained and sold all and sing â—lar the premises aforesaid with their appurtenances to R. K. of c. to have and to hold all and singular the premises aforesaid with their appurtenances aforesaid to the said R. K. his heirs and Assignes of the chief Lords of the fee by the Rents Services and customes there first due and of right accustomed and the premises doth hold of the Lord of this Mannor by fealty Suite of Court by the yearly Rent of 12 d. And at this Conrt the said R. K. made to the Lord his fealty Also they say upon their Oath Legacie that W. A. which held of the Lord freely one house or tenement â— and 20 Acres of Land called H. by fealty suite of Court and by the yearly rent of 6 d. dyed thereof seised And by his last Will made in Writing bearing date the 28th of September the year of the Reign of the aforesaid Queen the 19th bequeathed the house or Tenement and the aforesaid 20 Acres of land to certain R. A. and T. A. his sons by the name of all his Lands Tenements and Hereditaments Scituate Lying and being in J. aforesaid to have and to hold the aforesaid messuage or tenement c. And the aforesaid 20 Acres of Land to the said R. A. and T. A. their Heirs and Assignes for ever to the poper use and behoof of R. and T. their Heirs and Assignes for ever Therefore it is commanded to the Bayliffe that he should distrain the aforesaid R. A. and T. A. according to the form of the Statute in that case provided to pay his Releif and likewise let them be distrained to make their fealty Surrender Also they say upon their Oath that R. R. customary tenant of this Mannor out of the Court surrendered into the hands of the Lord by the hands of W. T. and R. M. two customary tenants of this Mannor according to the custome of this Mannor All that messuage and 30 acres of meddow feeding and Pasture with the appurtenances late in the tenure or occupation of R. B. to the use and behoof of R. R. for tearm of his naturall life after the decease of the said R. R. then to the use and behoof of T. B. and the heirs of the body of the said T. lawfully begotten and for defect of such issue of the body of the said T. B. lawfully begotten the remainder thereof to J. J. the son of R. J. of J aforesaid Gentleman his heirs and assignes for ever and they say that the aforesaid R. dyed and now at this Court aforesaid T. B. came and requested to be admitted to all and singular the premises aforesaid and at this Court the Lord by J. K. his steward granted him seisin thereof by the rod to have and to hold to the said T. B. and the heirs of his body lawfully begotten and for defect of such issue the remainder to the use and behoof of the said J. J. and his heirs for ever and the aforesaid T. B. gave to the Lord a fine 4 pound and made to the Lord his fealty and is admitted tenant thereof To this Court it is witnessed by W. T. steward Surrender taken by the
by a small writ of our Lady the Queens of Right between R.T. the Plaintiffe and T.B. the Tenant of a Messuage c. Milt The Hundred of E.B. Esquire held there by W.B. his Steward there before J.T. and R.C. c. Suitors of the Court of the hundred aforesaid the tenth day of M. the year c. amongst others it is so contained Complaint J.S. Gent. complains against R. G in a Plea of uniust taking and detaining his beasts or Chattells Pledges to prosecute and to have Return of the beasts if c. A.B.C.D. The names of foure lawfull men of the hundred of those which were present at the Record A.B. C.D. E.F. G.H. By vertue of this Writ to me directed in the form within written Of a Record to be delivered in Court I came to the Court within written and in full Court there I made to be recorded the complaint within written and the same Record as it appeares in the scedule to this annexed I have before the Justices within written at the day and place within contained under my Seale and the Seales of I.B. c. twenty foure good and lawfull men of my Bayliwick of those which were present at the Record and parties c. as before By vertue of this Writ to me directed Otherwise if the Record be not delivered in my proper person taken with me J.S. c. Good and lawfull Knights of my County I came to the Court of J. D. Esq to record the complaint within written at the day and place within contained as within I am commanded upon which the Suitors of the Court aforesaid at the Town of C. in full Court to me the Sherif within written to execute the said Writ there or to meddle at all with the said complaint they altogether denyed by reason whereof I could not make execution of the said Writ By vertue of this Writ False judgment taking with me P.M. c. foure lawfull Knights of my County in my proper person I came to the Court E. held at N. such a day and yeare and in parts of the said Court of A. B c. Suitors of the same Court and R.H. Steward there I desired the Record of the complaint which is in the said Court by a small VVrit of the Queens of Right between I.P. plaintif and N.S. Tenant to be made and delivered unto me which truly Steward and Suitors there would not deliver unto me By reason whereof I could make no execution of the said VVrit Process in common Bench. Pledges to prosecute J.S.R.M. Originall in debt Summonitors within written J.S. P.M. R.S. J.D. Knight Sheriff Pledges to prosecute J.D. R.R. The within named A.B. hath nothing in my Bailiwick by which he may be summoned By vertue of this Writ to me directed Clark I do certifie the Justices within written that T. H. within named is a Clark beneficed in the Bishoprick of London having no lay fee in my Bayliwick by which he may be summoned Note that the Defendant alwaies ought to be summoned fifteen daies before the day of the return of the VVrit Pledges to prosecute J.R.R.D. J.E. Originall in Trespasse Attachment within named hath nothing in my Bayliwick by which he may be attached Pledges within named J.D. J.W. R.R. J.D. within named is attached by one price ten pence or by a Cow price ten shillings J.F. which was the wife of D.C. Attachment upon appeal Eiectment of a Farme within named hath not found me suerties to prosecute Therefore to the executing of this Writ nothing is by me done The within named A.B. is attached by a hundred sheep price 20. l. The within named C.D. and E.F. have nothing in my Bailiwick by which they may be attached The within named J.S. Capias in Debt is not to be found in my Bailiwick The within named J.S. and J.H. nor either of them is to be found in my Bayliwick I.S. Otherwise and the rest of the Defendants within named are not to be found in my Bayliwick In this Writ may be returned diverse returns and in diverse manners that is if the Sherif wil not serve the writ or if he will not execute the Writ then so A.S. within written is not to be found in my Bailiwick Otherwise after the Receit of this writ or after the comming of this Writ but if he be present then so By vertue of this Writ I have taken J.W. within written whose body before the Justices within written at the day and place within contained I have ready as the writ commands and requires c. The within written J.W. is taken by his body Otherwise whose Body at the day c. I have ready as within I am commanded according to the Exigent of this writ By vertue of this writ to me directed Otherwise I have taken the Body of the within named J.S. whose truly Body before the Justices within at the day and place therein contained I have ready as within I am commanded or as this writ in it doth command and require The within written J.S. Otherwise Otherwise Bailiffe of the Liberty is taken by his Body whose body at the day and place therin contained I have ready as c. R.S. within named is not to be found in my Bayliwick and that to take R.S. within named I commanded I. F Bailif of the Liberty of S. that hath the full return of al Writs and Executions thereof to whom the Executing of this Writ altogether belongeth to be done in which liberty no execution of this Writ there by me can be made which truly Bailif so answereth me That he hath taken the Body of the aforesaid R.S. Whose Body aforesaid before the Justices of our Lady the Queen within written at the day and place therein contained he shall have ready or so which truly Bailiff hath given me no answer J.D. Liberty within named was in the Liberty of J.E. Esquire and continually dwelt there Therefore I cannot take him Before the comming of this Writ to me directed J.S. Sanctuary within named entred the Sanctuary of Saint Peters in Westminster in the County of Middlesex and in the same County yet continues by which the Body of the aforesaid J. S. before the Justices within written at the day and place within specified I cannot have as c. By vertue Otherwise c. I have taken the Body of A.B. within named and him to the Gaole of our Lady Queen at her Castle of D. have committed there to be safely kept c. Who after by reason of another Writ of our said Lady Queen to me directed and to this Writ annexed I made to be delivered from that Prison Afterward Otherwise that is to say such a day and yeare by reason of a certain other Writ of our said Lady the Queenes to me directed which transcript I send you annexed to this Writ And therefore the
of this VVrit of Corpus cum causa to be brought in c. If it were necessary the cause of keeping and detaining A. of B. within written here follows A. of B. is taken for suspition of Theivery Felony and because he cannot finde sufficient Sureties to expect the Law of our Lady the Queen he was committed to our Lady the Queens Prison of R. and for the cause aforesaid detained notwithstanding the Body of the said A. before c. W. D. within written was taken before the coming of this Writ in such a place Account and in a Prison of our Lady the Queens there under my Custody was detained by reason of which Complaint in the Queens Court there before me the said Sheriff upon him by the name of W. c. at the Suit of such a one in a plea of Account affirmed whereof in the same Court before me the said Sheriff the parties aforesaid pleaded and put themselves upon the Jury of the Country in the same Court and afterwards the said W. of D. by sufficient Sureties to answer the aforesaid such a one of his Plea aforesaid he was set at Liberty from the Prison aforesaid and because the said W. after the said Bailment came not to Judgement in Custody his Body at the day and place aforesaid I cannot have The within named J. C. Treason was called at W. before such a Justice by W. his Probator such a day and year for divers Treasons by him committed and for that cause was taken at C. and committed to the Prison of our Lady the Queen of N. notwithstanding his Body c. at the day and place within contained I have ready as is within commanded me c. A. Outlary the Daughter of A. of B. by the name of A. of B. before the coming of this VVrit was outlawed of Felony before P.S. R.T. and their Fellows Justices of the Queens of the Peace in such a Liberty or in the County to be kept and after by the command of the said Justices to me late directed the same A. was taken at D. and for the cause aforesaid was committed to the Queens Prison of W. notwithstanding c. By vertue of this VVrit Supplicavit I certifie you that A.W. within written was taken by vertue of a certain other VVrit of our Lady the Queens called a Supplicavit at the Suit of D. P. long before the coming of this VVrit and committed to the Prison of our Lady the queen of B. because he could not finde sufficient Sureties to keep the Peace toward the said D. and for this cause and no other is kept in the said Prison notwithstanding c. Otherwise it may be said A Rule that he was condemned in such a Court of his own Confession or by his taxing thereof by the counsel of the Court Before the coming of this Writ by vertue of a certain other Writ called a Capias utlagatum A Capias utlagatum to me directed whose Transcript I send you annexed I took C. D. within named and committed him to our Lady the Queens Prison of C. and there in the same Prison he is kept for the cause aforesaid notwithstanding his Body c. Before the coming of this Writ Account A. H. S. Auditors of the Accounts of W. of B. to me by Indenture delivered to keep the Body of R. S. within written safely and securely till he should satisfie W. B. of two hundred pounds behinde upon the end of the Account of R.S. found before the said Auditors c. and this is the cause of the taking and detaining the said R. S. notwithstanding the Body c. Many wayes one may be said to be taken and detained for ten pounds against him recovered in such a Court Debt or is taken by the command of our Lady the Queen or upon a Recognizance acknowledged in the Chancery and Appeal for the Death of a man or of Robbery c. The within named R. V. was taken at D. Rescous tenth Day of May the year within written by T.B. the Bailiff of our Lady the Queen and mine by vertue of a certain Warrant by the pretext of this VVrit by me made and to him directed and upon this the aforesaid R.V. with others unknown by force and armes that is staves c. made an Assault upon the said Bailiff and took him out of the Custody of the said Bailiff and never after the said R. V. in my Bailiwick I could finde The execution of this VVrit doth appear in a certain Schedule to this VVrit annexed Otherwise Schedule By vertue of our Lady the Queen 's VVrit to me directed and to this Schedule annexed I have made a certain VVarrant of mine to one J.M. my travelling Bailiff to take and arrest E.G. in the said VVrit nominated according to the exigent of the said VVrit which said Bailiff of mine by vertue of my VVarrant aforesaid the 9. day of J. the year of the Reign of our Lady Elizabeth Queen within written the twentieth at D. in the County aforesaid took and arrested the Body of the said E.G. and then and there the said E. G. was in his Custody upon which F. G. of D. aforesaid in the County aforesaid Gentleman and T. M. of the said Town and County Gentleman then and there by force and armes c. made an Assault upon my aforesaid Bailiff and my said Bailiff then and there against the Law and Custome of the Realm of the said Lady Queen of England and against the will of the said Bailiff of mine imprisoned him and the same Bailiff of mine in Prison there by the space of an hour then detained and twenty pence in told Money of the Goods Chattels and Moneys of my said Bailiffs then and there the aforesaid T. M. took and the aforesaid E. by force and armes aforesaid then and there out of the Custody of my said Bailiff took and rescued and also the same E. her self then and there out of the Custody of my said Bailiff rescued against the will of my said Bailiff and against the Peace of our Lady the Queen now c. and after the said E. is not found in my Bailiwick By vertue of this Writ to me directed Otherwise I have made a certain Warrant to one R. P. my Bailiff this torn riding to take and arrest the within named T. L. according to the exigent of this Writ which truly R. P. by vertue of the Warrant aforesaid after that is to say second Day of May the year of the Reign of our Lady the Queen within written twentieth at B. in the County aforesaid took the Body of the within named T. L. of B. aforesaid in the aforesaid County of F. which truly T. the Day Year and Place aforesaid by force and armes made an Assault upon R. P. my aforesaid Bailiff and bear him wounded him and abused him so that they dispared of his life
Reigne of our Lady the Queen within written the 20. R.L. within named first was called and appeared not that VVrit so above indorced was delivered to me by I. E. Esq late Sheriff of the County within written my next Predecessor in his going out of his Office as afore in the back of this VVrit And at my county Court c. as before That VVrit so above indorsed Otherwise together with the Writ of our said Lady Queen of Smpersedeas to that annexed was delivered to me by M. D. Knight late Sheriff of the County aforesaid my next Predecessor By vertue For defect of Coroners c. at my County Court held there the third Day of November the said twentieth Year of our Lady Queen Elizabeth within written the aforesaid T. C. was the fifth time called and did not appear and for want of W. B. and R. C. Coroners of the foresaid County I could not further prosecute By vertue c. and at my County Court c. and because there were not more County Courts held in the County aforesaid from the Day of the Receit of this VVrit aforesaid till the Day of the Return of the same by which nothing is done for present or so and therefore in the executing of this VVrit what is further to be done nothing is done There are joyned to them four County Courts Allocat Com. at which J. B. within named was called and appeared not and further by vertue of this VVrit at my County Court held at W. in the County of W. within written the eight Day of September the Year c. the within written twentieth the said J. B. was the fifth time called and appeared not therefore by the Judgement of the Coroners c. and if it be a VVoman it shall be so Therefore according to the Law and Custome aforesaid Otherwise of a Woman Supersedeas A. R. Waiviata est By vertue c. and at my County Court aforesaid held there the Tuesday that is to say the twentieth Day of A. the said Year the twentieth of our Lady the Queen within written the aforesaid A. R. the fourth time was called and appeared and brought to me a VVrit of our Lady the Queen of Supersedeas which is fastened to this VVrit by which to the executing of this VVrit you shall altogether seise or so As in the foresaid VVrit of our Lady the Queens of Supersedeas I am commanded By vertue c. and at my County Court Delivered himself c. the aforesaid J.W. and A. 4. are called and the aforesaid J. appeared and delivered himself to our Lady the queens Prison of E. whose Body before the Justices within written at the Day and Place therein contained I have ready as that VVrit in that commands and requires and the foresaid W. and A. appeared not And further at my County Court held Supersedeas c. the foresaid W. and A. were called the fifth time and the said W. brought to me a VVrit of our Lady the queen of Supersedeas which is fastened to this VVrit by which of executing this VVrit further doing any thing for the foresaid W. I have altogether desisted and the aforesaid A. appeared not therefore according to the Law and Custome of the Kingdome of England he is outlawed By vertue Outlaries otherwise c. and at my County Court held at W. in the County aforesaid twelfth Day of April c. J. H. R.S. I. C and all other Defendants following in this VVrit nominated besides J. H. which brought me a VVrit of our Lady the queens of Supersedeas therefore to him to make further prosecution I altogether desist as in the said VVrit of Supersedeas I am commanded And besides R.S. which yeilded himself to the Prison of our Lady the queen of F. within the County of W. whose Body before the Justices Reddidit se c. and so besides J.C. which is dead did not appear therefore by the Judgement Dead c. and the foresaid I. C. is waived in presence of F. W. and I. C. Coroners of the said queen Waived in the County aforesaid As to the Exigent taking out-Lawing Otherwise or in any way molesting the within named P.T. by vertue of this VVrit to the Justices of our Lady the Queen within written at the day and place therein contained I certifie that by vertue of another VVrit of our said Lady the Queen to me directed and to this annexed I supersede altogether as by that VVrit I am commanded By vertue c. I. B. and the other Defendants within named were the second time called Sick and the aforesaid I.B. appeared and yeelded himselfe to the Prison of the sayd Lady Queene of F. within the County of W. aforesayd and in the same Prison remaineth sick troubled with many Infirmites so that for the weaknesse of his Body and Danger of Death he cannot travell or be carried by which the Body of the said J. B. before the Justices within written for the present I cannot have according to the form of this VVrit and the within named J. P. and R. R. being the fifth time called did not appear and because at none of the County Courts they appeared the foresaid I. P. and J. R. according to the Law and Custome of the Kingdome of England are outlawed and either of them is outlawed as this VVrit in it self challengeth and requireth At the County Court c. first second third fourth he was called and appeared and yeilded himself to the Prison of our Lady the queen of C. where he is so sick that for Danger of Death him before the Justices within written at the Day and Place therein contained I cannot have By vertue of this VVrit to me directed at my County Court of W. held at W. in the the County of W. within written the Tuesday the twentieth day of M. the yeare of the Reigne of our Lady the queen within written the one and twentieth I made to be proclaimed and at my County Court of W. held at W. aforesaid in the said County of W. the twentieth day of M. aforesaid the twentieth year of our Lady the Queen within written the second time I made it be proclaimed and also at the Generall Sessions of the Peace held at W. in the said County of W. in the parts of M. within written upon Thursday that is the twelfth of September aforesaid the twentieth year of our Lady the Queen within written publickly I made to be proclaimed that J. C. and all the rest of the Defendants within named should yeild themselves to the within named Sheriffes in L. so that the same Sheriffes may have their bodies before the Iustices within written at the day and place within contained as this Writ in it self commandeth and requireth W.H. Defendant within named was not found in my Bailiwick after the receit of this writ and for that Otherwise for the
Writ to me directed I have extended and apprized all the Lands and Tenements Goods and Chattels of the aforesaid A. in my said Bailiwick which truly Extent is to this Writ annexed and also all the Lands and Tenements aforesaid in the same Extent specified together with his reasonable Damages and Costs I have levied according to the form of the Statute thereof inacted and provided and according to the form of this Writ By vertue c. To give Seisin I have taken the Goods and Chattels of J. M. within mentioned to the value of all the Money within written and have set them to sale and because I have not yet found Buyers therefore the Money within c. I cannot have at the Day and Place within contained as c. By vertue c I certifie the Justices within written To deliver Seisin that such a Day and Year within written I have caused A. B. to have full Possession of one House with the Appurtenances in S. within written in all as this Writ c. By vertue c. such a Day and Year within specified Otherwise I caused the within named A. B. to have and to be assigned full Seisin of a Mannour and Tenement within specified in a convenient place that is to say of the Mannour of F. twenty Acres of Land a hundred Acres of Meadow c. with the Appurtenances in F. c. in the County within written according to the forme and effect c. By vertue View c. I have made R. G. to have the view of one House with the Appurtenances in C. and I have told R. S. and J. D. T. M. and H. R. four Knights of those which were present at the view that they should be before the Justices within written at the Day and Place therein contained to testifie that view as that Writ in it commandeth and requireth By vertue c. I certifie the Justices within written that none of the part of R. S. came to shew me the view of a House and Meadows with their Appurtenances within written therefore touching the Execution of that Writ nothing is done by me for this present By vertue To have the view c. I certifie the iustices within written at the Day and place within contained that such a Day and year I caused the within written J.F. and M. his VVife to have the view of the House c. within specified with the appurtenances and I told A.B.C.D.E.F.G.H. four Knights of my County which were present at the view that they should be before the Iustices aforesaid at the Day and Place therein contained to testifie that view as within I am commanded By vertue Otherwise c. of our Lady the Queens to this scedule annexed I have caused I.G. in the said VVrit nominated to have the view of sixty Acres of Pasture with the appurtenances in G. which H.F. in the Courrt of our Lady the Queen before her Iustices at Westminster claims as his Right and inheritance against the aforesaid I G. by a writ of the Queens in Form of Gift in Discender and I said to four Knights which were present at the view that they should be before the Iustices of oursaid Lady the Queen at Westminster at the Day in the said VVrit specified to testifie that view as in the said VVrit I am commanded None came to me of the part of the within named R. F. Otherwise to shew me the view of a Pasture within specified for which cause I could not make the view of that Pasture within written to R.F. to have The execution of this writ doth appear in a certain inquisition to this writ annexed Inquisition indented Inquisition taken at G. which is a place wasted in the County of D. such a day and year before W. L. the Sheriffe aforesaid by vertue of a Writ of our Lady the Queens to the same Sheriffe thence directed by the Oath of twelve men sworn which say upon their Oath that R.M. in the said Writ nominated made Wast and destruction in a Wood in which in the Writ aforesaid there is mention and in the Wood aforesaid cut twenty Oaks price every one twenty pence part whereof he sold and part carried away to the disinheriting of VV.F. within written and against the Form of provision in the said VVrit specified and say upon their Oath that the aforesaid R. hath made no more VVast in the VVood aforesaid as to them any way can appear in witnesse of which thing c. By vertue c. I came to a place wasted Otherwise in the VVrit contained as within I am commanded and the residue of the execution of this VVrit doth appear in a certain inquisition to this VVrit annexed An inquisition indented Inquisition taken at F. in the County of VV. such a day and year before VV. K. Esquire Sheriffe of the aforesaid by vertue of a certain VVrit of our Lady the Queens to him directed and to this inqusition annexed by the Oath of A. B c. to the number of twelve which say upon their Oath that I.B. in the aforesaid VVrit nominated made waste sale and destruction in Tenements Lands and woods in the aforesaid VVrit specified that is to say in suffering a Hall c. in the writ specified to be uncovered by which the great timber of the same House by tempests of Rain falling upon them became rotten c. By vertue of this writ to me directed I have made to come before the Justices within written at the day and place therein contained all writs Ass of Iurors and Certificates in the County of VV. within written together with the Pannells Attachments Re-attachments Re-summons and all other Adminicles Ass of Iurors and certifie those whom they concern I have made also made come before the said Iustices at the Goale Delivery of our Lady the Queen of F. of the Prisoners therein being to be delivered assigned at F. aforesaid at the aforesaid Day all the Prisoners in the Goale aforesaid being them any way concerned and to the view of every Town and place where the Felonies of which the said person indicted apppealed or arrested were were committed as well within the Liberties as without twenty four good and lawfull men to whom the truth of the thing may be best known and inquired and who are not any way of kindred to the said Prisoners together with four men and Governors of their Town or place to do that which then and there to them on the behalf of the said Lady our Queen they are now injoyned and also I have made it to be publickly proclaimed throughout my whole Bailiwick that all they which would follow against those Prisoners that then they should be there against them as it was iust to prosecute and I did give understanding also to all the Iustices of the Peace Coroners Stewards Bailiffes of Liberties and Hundreds of the County aforesaid that then hey
should be there with their Rolls Records indictments and other their remembrances to do that which to their Office belonged as within I am commanded The residue of the execution of this Precept doth appear in a certain scedule to this Precept annexed By vertue Session c I have made to come before the Iustices within written at M. within specified the day and year within contained all Constables and Bailiffes of Hundreds and Burgers within specified and also of all aforesaid Hundreds twenty four Iurors to do those things which to them on the behalf of our Lady the Queen then and there they are inioyned I have also given notice to all Constables and Bailiffes of Hundreds within written that they should be there having the names of all the Artificers Labourers and servants of Husbandry within the Hundred aforesaid against the form of the statute to that end enacted and provided And likewise I caused very sufficiently to be proclaimed within my Bailiwick that all they which as well for the said Lady the Queen as for themselves against any of the Artificers Labourers and servants any complaint according to the Form of the statute provided to complain off or would prosecute that then they should bring in their Bill before the Iustices if they thought fit as within I am commanded A Calender A Calender of the names of the Justices of peace Derby of our Lady the Queen Coroners Stewards Bailiffes of Liberties and Hundreds in the County aforesaid Summoniters at the Assises held at C. in the County aforesaid the Thursday in the fourth week of Lent the year of the Reigne of our Lady Elizabeth by the grace of God of England France and Ireland Queen Defender of the Faith c. twentieth of the names of the Prisoners in Goal of D. aforesaid being A.B.C.D. The names of the Justices of the Peace A. B.C.D. c The names of the Coroners A. B.C.D. c The names of the Steward and Bailiffes of the Liberty E.F.G.H. The names of the Bailiffes of the Hundred I. K.L.M. The names of the Prisoners in the Goal of D. being J.S. repreived J.N. taken at S. for suspition of Felony Processe in the Chancery I have made to be chosen two Knights For the Knights of the Parliament to be chosen girded with Swords the most fit and discreet of my County aforesaid that is to say VV.F. and J.S. which truly Knights have a full and sufficient power for the County aforesaid to do and consent to those which at the day and place within named of the Common Councell of the Realm of the Queen of England ordinarily are handled and the aforesaid W.F. and J.S. are Manucapted by J.P.W. B.J.D. and R.N. to be at the Parliament of the Lady the Queen at Westminster at the day within contained to do as that Writ in it commandeth and requireth I have also made a Precept tby vertue of this Writ to J.P. and W.S. Bailiffes of the Liberty of the Town of G that of the Town of G. they should cause to be chosen two Burgesses of the discreetest and most sufficient that they be at the Parliament of the said Lady the Queen at the day within contained to do and consent as aforesaid which truly Bailiffes so answer me that they have caused to be chosen of the aforesaid Burrough of G. two Burgesses discreet and most sufficient to be of the Parliament aforesaid that is to say S. W. and R.VV. By vertue c. at my next County Court For choosing Burgesses of the Parliament after the receit of the same held at W. such a day and year in my full Court I caused to be proclaimed all things in that writ contained acccording to the Form and effect of this VVrit as c. the residue truly of the execution of this VVrit doth appear in certain Indenture to this VVrit annexed This Indenture made such a day and year Indenture between M. P. Sheriffe of the County of C. of the one part and J.D. and A.B. c. of the other part witnesseth that according to the Form of the writ to this Indenture annexed Proclamation being made in the full County Court held at C. such a day and year the aforesaid J.D. and S.B. c. which were in the County Court aforesaid at the making the Proclamation according to the Form of the Statutes in the writ aforesaid specified and the command of the said writ chose A.D. and J. A. to be Burgesses of the City aforesaid at the Parliament in the said writ specified which have a full and sufficient power for them and the County of the City aforesaid to do and consent as the writ in it self commandeth and requireth in witnesse whereof the parties aforesaid to these Indentures have severally set their Seals c. By vertue of this writ as well within the Liberties as without Upon the Writ of receiving the order of Knighthood throughout my whole Bailiwick I have made to be proclaimed that all and singular persons that have Lands Tenements and Rents as is within written whose names in a certain scedule to this writ annexed are written at the presence of our Lady Queen about the Feast within written personally shall appear and come to take the aforesaid order as within I am commanded By vertue Adjournment c. all writs to me delivered or to be delivered before the Iustices within written at Westminster in Octabis of Saint Hillary returnable or returned I have before the Iustices within written at Westminster the day c. together with all executions of the same and further army County Court held at N. such a day and year publickly I made to be proclaimed that the parties in the same writs named should keep their dayes before the Iustices at Westminster the next Term as this writ c. By vertue of this writ Certior are upon protection of our Lady the Queens within written in her Chancery under my Seal distinctly and openly that I certifie VV.T. within named under the safe custody defence tuition of the Town Castle of the Marches of the Queen at Callice in obedience to the said Lady Queen in S. aforesaid the said kinsman of hers holding place as Generall of the Town Castle and Marches aforesaid according to the Form of the Queens Letters Patents by which the said Lady Queen took the foresaid W. T. into her protection and defence doth not stay but draweth his stay in the City of London intending his own proper businesse c. I J.D. Knight Sheriffe of the County within named Supplicaâ— vit do certifie our Soveraigne Lady the Queen in her Chancery that before the coming of this Writ A.B. the within named was taken in my Bailiwick and in the Queens Prison there under my custody detained by vertue of a certain other writ to this Writ annexed for which truly the aforesaid A.B. before the coming of this Writ was delivered
and place therein contained as within I am commanded the residue truly of this execution of this Writ doth appear in a certain Inquisition to this annxed Before the comming of this Writ Other wise between 2 Sheriffs J.M. Esq late Sheriff of the County of W. the within named T.D. took and in the Prison of our Lady the Queens Prison with him detained by vertue of a certain Writ of our Lady the queens to the late Sheriff directed which said T.D. late Sheriff together with the Writ to him directed to me J. D. Knight now Sheriff of the County aforesaid in the end of his Office hath delivered whose truly body and the Writ to the said late Sheriff directed J. the aforesaid now Sheriff before the Iustices within written at the day and place aforesaid have ready to do and receive what the said Writ in that commands and requires This Writ as it is above indorced Testificate returned of the late Sheriff together with the inquisition to this Writ annexed twentieth day of June in the year of the Reigne of our Lady the Queen within written ninth was delivered to me J.D. Knight Sheriff of W. within written by J. E. Esq late Sheriff of the County aforesaid my Predecessor in the going out of his Office This last return ought to be written in Romane Letters By vertue Certiorare c. All and singular indictments R.B. within named before our Lady the Queen wheresoever she were in England at the day within contained I send in a certain Scedule to this Writ annexed We A.B. and C.D. Coroners of our Lady the Queen of the County within written Otherwise by the Coroners Do certifie the Iustices within written at the day and place within contained that we have searched the Rolles and other our remembrances and also all and singular writings of all and singular Courts held in our pesence as well at the Suit of our Lady the Queen as at the Suit of G.H. or any other pubished and we can finde nothing thereof nor can certifie any such Record before the Iustices according to the form of this Writ By vertue c. I certifie the Iustices within written that such a day and year I took into the Queens bands 3. Cessation by two weeks Houses c. within written by the view of A.B.C.D.E.F. and. G.H. good and lawfull men of my bailiwick as within I am commanded By vertue c. Dedimus potestt atem I certifie our Lady the Queen into her Chancery that A.B. within named before us hath taken his Corporall Oath that the Letters Patents whereof within there is mention made came to the hands of the within named C.D. his Testator But by his Oath he saith that nothing of the Articles and other circumstances in the same Letters Patents specified before him was found The Answer of H.L. and J.D. Commissioners By vertue of this Commission to us directed The return of Commissions we have taken the Answer of T. D. within named upon the holy Evangelist that all things in the said Answer are true which Answer so taken is to this Commission annexed together with the Bill together in the same directed and all other things which in the said Commission are contained or belong to it we have made to be done according to the effect and tenor of the same as within we are commanded Returne for the Chancery or the Master of the Rolls By vertue c. there was a Search made amongst the Records of the Chancery of our Lady the Queen within written and in them or any of them I finde as yet no Record for the Queens title by which it can appear of any Lands or Tenements with the appurtenances in S. in C. which were of late the within named J. S. which ever came to the hands of our said Lady the Queen as in this Writ is supposed I certifie the Justices aforesaid Decies tantum that the within named S.A. at the day and place therein contained before you I have ready to do and receive what the Court of our Lady the Queen within written shall consider of that according to the form of this Writ I J.D. Suerty oâ— the Peâ— assigned one of the Justices of our Lady the Queen in the County of D. of the Peace to be kept Send before our Lady the Queen in her Chancery the Tenor of the security of the Peace of which in the said VVrit there is mention under my Seal as the said VVrit in that commandeth and requireth c. VVhich truly security is annexed to this VVrit Security of the Peace as it is taken The answer of T.F. Mayor of the City of D. and one of the Justices of our Lady the Queen assigned in the same City to preserve the Peace By vertue Certificate scedule c. All and singular the Recognizances which A.D. and the rest within named before the justices within written late made with all things touching them before our Lady the Queen at the day and place therein contained I send under my Seal to these presents annexed as within c. T.F. Mayor of the City aforesaid Process out of the Exchequer The within named Lady J.S. hath nothing in Mannors Nihil Lands and Tenements within written but with J.S. Esq whom shee took to Husband By vertue of this VVrit to me directed I have taken the body of the within named J.S. whose body Ceâ—i Corpus before the Barons within written I have ready as within I am commanded By vertue of this writ to me directed I certifie the Barons within written I have taken as well the body as the Lands Distresse that I have taken the body of the within named J.R. whose body before the said Barons I have ready at the day within contained And also twentieth day of January the eighth year within written I took into the hands our said Lady the queen by name of Distresse certaine Lands and Tenements of the within named J.R. lying and being in B. of the yearly value of a hundred shillings as the said Writ in it commanded and required The within named J.E. is not to be found in my bailiwick I have taken as well body as goods nor hath any Goods or Chattells in my Bailiwick But by vertue of this VVrit to me directed I certifie the Barons within written that the fifteenth day of June in the twentieth year of the Queen within written I took into the hands of the said Lady the Q. in name of Distress seven Houses or Tenements with their appurtenances in M. which are of the cleer yearly value of fifty shillings and one cheif House or Farm with the Appurtenances in W. of the yearly value of five Markes The within named A B. is not to be found in my bailiwick 〈…〉 and further I certifie the Barons within written that by vertue of this VVrit to me directed Such a day and year within
Sheriff seeing them selleth them and delivereth the Money taken for them to the Town to answer for it it is good and yet it is contrary to the words of the Statute but it standeth with reason 45. H. 6.32 If the Kings Goods be Wreckt and not claimed within a yeare and a day yet the King shall have them otherwise it is a common person Then there are diverse other matters which follow of which you may inquire by expresse words in the Statutes as of the Statute of Apparrell and other Statutes ensuing In the yeare 24. H. 8. Chap. 13. Rastal Apparrell the fifth If one hath not in Land a hundred pound he cannot use Velvet in Jackets If one hath not in Land a hundred pound he cannot use Velvet in Dublets If one hath not in Land a hundred pound he cannot use Velvet in Purses Damaske Silke Chamlet Taffaty in Gownes Damaske Silke Chamlet Taffaty in Coats Damaske Silke Chamlet Taffaty in Outtermost Garments Forty pound cannot use Chamlet nor Silke in Gownes Forty pound cannot use Chamlet nor Silke in Outtermost Garments No Velvet in Jackets No Velvet in Jerkins No Velvet in Caps Nor any Silke but Satten in Dublets Damaske in Dublets Taffatie in Dublets Sarsnet in Dublets Sarsnet in Facing their Gownes Chamlet in Facing their Gownes Taffaty in Facing their Gownes Twenty pound no Silke in Gownes Twenty pound no Silke in Cloaks Twenty pound no Silke in Hose c. No Satten Damaske Taffaty Sarsnet in Dublets No Satten Damaske Taffaty Sarsnet in Coyfes But they may weare Chamlet in Jackets Five pound cannot use any Silke in Dublets Five pound cannot use any Silke in Jackets Five pound cannot use any Silke in Gownes Five pound cannot use any Silke in Cloakes But Chamlet in Dublets But Chamlet in Jackets Furres NOne under the degree of an Earle may use Sables Forty pound cannot use Foynes Forty pound cannot use Jennets gray Forty pound cannot use Martins Forty pound cannot use Squirrell Forty pound cannot use Fox Forty pound cannot use Grey Cony Hare Or other Furr growing within this Realme Cony Hare Or other Furr growing within this Wales Cony Hare Or other Furr growing within this Ireland Twenty pound Black Cony Twenty pound Budge Under twenty pound Gray Cony Under twenty pound Black Lambe Under twenty pound White lambe Chaines of Gold NOne under the degree of a Knight may use any Coller of S S. None may use a Chaine of lesse weight then ten Ounces of Gold Forty pound may use Aglets Buttons Brooches Those persons which are excepted in these Statutes Queens Counsell Barons of the Exchequer Serjeants at Law Apprentices at Law Phisitions of the King Maiors Recorders Master or Wardens which are or have used this roome These may use as before the making of the Statute they have used Forfeiture THE thing used against the Statute is three shillings foure pence a day The Statute is in his Garment In is taken here for In or Upon his Garment Yeare the first and second of Philip and Mary no person borne within the Dominions of the King other then the Son and Heire of a Knight or above that degree or which might expend twenty pound yearely or was worth two hundred pound in Goods Should use Silke in Hatt Bonet Night-Cap Girdle Scabbard Hose Shooes Spur-Leathers The forfeiture is for every day ten pound If any man keep Servants which offend in these premises and doe not put him out of his service within fourteen dayes after that he hath notice of it or if he put him out of his service and afterward retaine him againe within a yeare he shall forfeit a hundred pound Artificers IF any Butcher Brachetour Baker Poulter Cooke 2 Edw. 6. chap. 15. Tipler c. conspire covenant promise or make any oath not to sell Victuall but at certaine prices Or if a Workeman or Laborer conspire not to worke but at certaine prices or not to finish that which another hath begun or that they will not do but certain labour in a day or not labour but certain time of the day it is inqiurable The forfeiture for the first offence ten pound and twenty dayes Imprisonment with Bread and Water the second offence double Archers IN the yeare 33. H. 8. chap. 9. Every man being the Kings Subject under the age of forty years not lame nor having any Impediment ought to shoote in a long Bow and shall have a Bow and Arrowes as it followeth that is to say Every Man Childe in a house of the age of seven yeares to seventeen yeares shall have a Bow and two Arrowes and at seventeen yeares to forty a Bow and foure Arrowes none under the age of twenty foure ought to shoote at Prickes nor at twelve score or above with Shaft or Flight The forfeiture is six shillings eight pence for every three Months wanting these Bowes and Arrowes The Master or Father ought to provide for these of seven to seventeen otherwise be shall pay the forfeiture and every Servant taking wages of seventeen or upwards shall pay the forfeiture The forfeiture for such shooting at Pricks is four pence the shoot and at eleven score and under as above six shillings eight pence the shoot by the same Statute Butts shall be made in every Town upon payne of forfeiture for every three Months for default of them twenty-shillings Crosse-bowes and Hand-guns NOne may shoot in any Handgun 33 H. 8. chap. 6. Demihake Hagbot ot Crossebow or keep it in his house to that intent nor otherwise unlesse he may dispend a hundred pound upon paine to loose for every time ten pound Every person that will shoot or carry use or have in his House or other place any Hand-gun other then such a one which shall be in the Stock and Gun of the length of a yard or any Hagbut or Demy-hake other then such as shall be in the Stock and Gun of the length of three quarters of a yard shall forfeit ten pound And every person having Lands Fees Annuities or Offices of the yearely value of a hundred pound may seise and take their Gunns aforesaid and also every Crosse-bow of any person not having Lands Fees or Offices to the value of a hundred pound a yeare None unlesse he have a hundred pounds by the yeare may carry in the high waies in his Journey any Crosse-bow bent or Gun charged unlesse it be in time of Service of War upon paine of ten pound Every one which shooteth in a Handgun Demihake or Hagbut in a City or market Town or within one quarter of a mile of them shall forfeit ten pound for every shoot If a Master command his Servant to shoot in a Hand-gun Demihake Hagbut or Crosse-bow at a Deere Foule or other thing unlesse it be at a Banke or Butt of earth or in time of War shall forfeit ten pound But there is a Proviso that Gentlemen Yeomen and Servingmen of every Lord spirituall and temporall and of Knights Esquires and Gentlemen
Also they present Felony in burning a house That one Tho. de I. predict Yeoman such a day c. at I. within the Jurisdiction of this Court by force and armes c. willingly and feloniously of pretended malice by him did burn the house of one J.S. against the Peace of the Queen therefore the Bayliffe is commanded to seise all his Lands and Tenements Goods and Chattels that he may answer for them to the Lord of this Mannour Also they present That W.P. of I. aforesaid Labourer such a day Felon c. at I. within the Jurisdiction of this Court by force of armes c. and against the Peace the Close of one c. at I. aforesaid broke and entered into and one silk coat called Sattin of a black colour of the Goods and Chattells aforesaid c. then and there found feloniously took and carried away Therefore it is commanded the bayliffe c. Also they present Accessary That W.S. of I. aforesaid Yeoman within the Jurisdiction of this Court did counsell provoked procured incouraged and abetted one L.M. c. one Cow of black colour price c. of the Chattell of one c. then and there found feloniously to steal take and drive away and the said L. by vertue of the counsell provocacation procurement incouragement and abetment the aforesaid c. the said black Cow such a day c. year c. feloniously stole took and drove away c. They also present That A. B. of I. aforesaid Yeoman such a day Rape c. at I. within the Jurisdiction of this Court the Close and House of one c. broke and entered and upon one Katherine c. the daughter c. being in the peace of God and of the Queen made an assault and there against her will did ravish her and did carnally know her against the peace c. Also they present Felon breaketh a house That P.D. of I. aforesaid Yeoman such a day c. at I. within the Jurisdiction of this Court about the houre of nine in the night of the same day the house and mansion of one c. as Felon of the Queens broke and entred with an intent to make spoile there c. and six gold Angells of the Goods and Chattells of the aforesaid c. then and there in a certain chest being feloniously took and carried away against the peace c. The same present E.F. of I. aforesaid Labourer Robbery such a day c. at I. within the Jurisdiction of this Court by force of armes and against the peace c. upon one T.D. at c. within the Jurisdiction of this Court in the Queens high way there being in the peace of God and the Queen did make an assault and the same T. D. then and there robbed and sixteen groats of silver and one Angell of gold of the Goods and Chattells of the aforesaid T.D. in a certain Clokebag of his then and there being from the person of the said T. feloniously took and carried away against her Peace Crown and Dignity c. They present That the aforesaid T.D. appearing robbed Hue and Cry made a great noise and exclamation and the aforesaid E.F. as a Felon of the said Queens the said day and yeare from the place where he was so robbed did freshly follow to the aforesaid Towne of D. c. and that no Inhabitants there upon the Hue and Cry aforesaid did follow and so the aforesaid Felon escaped to the contempt of our said Lady the Queen and against the form of the Statute so enacted and provided therefore the said Towne of c. in the mercy c. Also they present That E. L. of I. aforesaid Yeoman Made flight such a day and yeare aforesaid at I. within the Jurisdiction of this Court a certain Gelding of colour white price c. of the Goods and Chattells of one c. in the common field there being feloniously stole away tooke and carried away and that the said E.L. for the foresaid Felony did convey himselfe away and fled therefore command was given to the Bailiff to seise two kine of the Goods and Chattells of the said E.L. as Escheats and forfeitures to the Lord and that he should keep them safe to the use of the Lord c. or so to the use of the Queen Also present That when one B.R. of I. aforesaid Escapeâ— Yeoman was taken and arrested for suspition of Felony and set in the Stocks one I.F. of I aforesaid Labourer such a day and yeare c. at I. aforesaid the foresaid Stocks with force of armes and feloniously did break and the foresaid B.R. then and there did suffer to go at large against the Peace therefore it is commanded as before c. Also they present that T. J. of J. aforesaid Felony Yeoman such a day c. at J. within the Jurisdiction of this Court a Calf of the price c. Of the Goods and Chattells of one J. B. There and then found feloniously took and carryed away and that W. Q. The Bailiff of the aforesaid Mannor such a day and year c. at J. aforesaid the aforesaid T. L. for suspition of the aforesaid Felony arrested and that W. F. of J. aforesaid Laborer by force of Armes c. at J. aforesaid the said day and yeare upon the aforesaid W. Q. In the Peace of God and of the Queen being did make an Assault and the aforesaid T. J. being in the custody of the said W. Then and there feloniously took carryed away and rescued and suffered to go free against the Peace c. Therefore it was commanded as above c. Also present that A. B. of J. aforesaid Yeoman Felony of Pigeons such a day and year c. aforesaid c. at J. within the Jurisdiction of this Court about the houre of one in the night of the same day a certain Pigeon-House of such a ones c. did break and enter and forty Pigeons price c. of the Goods and Chattells of the foresaid c. from the house of the same c. feloniously took and carryed away against the Peace c. and therefore c. Also present that J.W. of J. aforesaid Gent such a day c. at J. within the Jurisdiction of this Court a certaine tame Deere carrying a bell about his neck price c. Of the Goods and Chattells of one c. Then and there found feloniously took away against the peace c. Therefore it is commanded c. Also they present that one J. L. of J. aforesaid Yeoman Felony of a Trunk broken such a day and year c. at J. aforesaid within the Jurisdiction of this Court about the houre of one in the night of the same day a certain Trunck of one c. Broke and entred and ten Fishes called Pikes price c. Of the Goods and Chattells of the aforesaid c.
out of his said Trunck c. Then and there feloniously took and carryed away against the Peace c. Therefore c. Also present that P. J. of J. aforesaid Yeoman Petty Theivery such a day c. the Close of one c. at J. aforesaid borke and entred and one Towell of the price of six pence of the Goods and Chattells of the aforesaid c. Then and there found feloniously took and carryed away therefore it is commanded the Bailiff to seise all his Goods and Chattells into the hands of the Lord. Also present that W. B. and T. W. Of J. aforesaid Sell in the Church-yard being Butchers such a day c. within the view of the frank pledge did place their flesh and other things to be sold in the Church and Church-Yard of J. aforesaid to sell And the same where divine Service is celebrated and mens Bodies are buried sold against the Statute of Winchester in this case enacted and provided therefore they in the mercy Also present Chattels waived that one M. S. came within the Jurisdiction of this frank pledge and brought hither certain Goods and Chattells by her stolne that is to say one linnen shirt price c. diverse other Clothes videlicet one Smock one Petty-coat one Shirt which all are worth twenty shillings and no more and which all were hither by the said M. brought and the said M. here within the Jurisdiction of this Mannor waved them left them and fled by which all the Goods and Chattells aforesaid came to the Lord of this Mannor upon which it was commanded to the Bailiff to seise them into the hands of the Lord as escheats and forfeited to the Lord and so he did and the Chattells aforesaid were delivered to the Lord in this Court Common Fine Also they say that they give to the Lord for certainty for a common Fine at this day by an old custome six shillings eight pence Deciners which make default Also they present upon their oath that John Rigg 4d Richard Wrenn 4d and John Williams 4d are Residents within the Precinct of this frank pledge and at this day made default therefore every one of them in the mercy as it appeareth upon their heads Also they present that Richard Wrench 2 d. Not sworn in Deciner William Finch 2d Robert Betts 2d and William Gibbey 2d did dwell within the Precinct of this frank pledge by the space of a yeare and day and more and not sworn to the Queen for Allegiance therefore each of them in the mercy as it appeareth upon their heads Also present that R. C. of J. aforesaid Yeoman Noyance of Water did turn the course of a certain brook leading to the House of the said T. H. out of the right course that it was wont to run therefore he was commanded to turne it into his right course about the seast c. upon pain c. Also present Boughs hindring that there is a certain Hedge of a great extent and that the branches thereof hang over the way called the Kings Lane to the hurt of the Carriages carryed by the same way in the default W. C. Therefore it is commanded him to cut or crop those about the feast c. under the pain c. Also present Noysance of a Gutter that there is a certain Gutter leading from the House or Kitchin of T.J. by which foule and stinking water from the said Kitchin is lead into the High way to the great dammage of the Queens way and all the carryages there carryed by the People of our Lady the Queen therefore he is commanded to remove or stop that about the feast c. upon pain c. They present Common way that the common way leading by the Feild called the Prebend feild is the common way to go and ride and so hath been used time out of minde and that the Gate and Bridge being beyond the furthest Bridg ought to be maintained and kept by the Ter-Tenants and now are not therefore it is commanded to the Land holders the same Gate and Bridge to amend and repaire before the Feast of Saint John Baptist next comming upon pain c. Also they present Nusance of Dung that R. W. made a certain Dung-hil against his House neere the Queens High-way to the noyance of the Queens People therefore he was commanded to remove and carry it away about the Feast c. under the pain c. Also present Nusance of a Ditch that there is a certain Ditch unscowred and unclensed in default of R. S. to the hurt c. therefore he in the Mercy twelve pence and he is commanded to scowre and clense the same about the feast c. upon pain c. two shillings Also present that A. B. Widdow is a common Intertainer and receiver of Whores Bawdy-house and Women of ill report and conversation to the great hurt of her Neighbours therefore amerced two shillings two pence Also present that N. C. Widdow is a common Scold with her Neighbours Scold and common Hedge-breaker and keeps one W. C. her Son in her House and he is of no good same or government therefore she in the mercy as it appeareth above c. Also present that one A.B. Servant W. C. Trespasse the Lords Bailiff as he was driving certain Cattell of one R. G. to the Lords Parke there to be imparked came one J. P. with great violence into the aforesaid Parke with a Sword price five shillings and then and there struck the said A. B. with the same Sword upon his Head and so shed the Blood of the said A. E. by reason of which blow the said B. fell to the ground as if he had been dead Therefore the said D. R. in the mercy and is amerced by cheife suerties five shillings Also present that J. S. made a Fray within the liberty of this Court and drew blood therefore he in the mercy three shillings foure pence Also present that W. G. is Constable Constable default and is not here at the view of the frank pledge to present that which belongs to his Office but maketh default therefore he in the mercy two shillings Also present that R. S. is an Ale-taster Aletaster default and is not here at the view of frank pledge to present that which belongs to his Office but maketh default therefore he in the mercy two shillings Also present that R. B. and W. G. Common Apprisors default are common Apprisors and should be here to present that which belongs to their Office and made default therefore they in the mercy three shillings foure pence Also present that B. R. and C. D. Searcher of the Victuals are searchers of the Victualls and should be here at the view of frank pledg to present that which belongs to their Office and made default therefore both of them in the mercy two shillings Also
they shall plead speedily from day to day so that it may be pleaded and determined before the King depart out of the limits of the same Verge where the trespasse was done and if they cannot be determined within the limits of the Verge the Pleas there shall cease and be determined at the common Law and the Steward shall not take conusance of Debt nor of other things but of such persons only which are of the Kings House nor shall hold any other Plea by obligation and if they do any thing against this Ordinance let their doing be held for nothing see Fitzh 241. B. D. 10. H. 6. fol. 13. Action was brought upon this Statute for that the Defendant impleads the Plaintif in the Marshalsey for trespasse whereof one nor the other was of the Kings House and there it is granted by the Court that of trespasse within the Verge one or the other shall be of the House as well as of action there upon other contract Seek for it seems otherwise by the words of the Statute and it is used now the contrary diversity of Courts agrees as above see the title of 38 Brook 7 H. 6. f. 33. A VVrit was sued upon the Statute Articuli super Chartas Ed. 1. chap. 3. That none shall be impleaded in the Marshalsey if one party were not of the Kings House there did aver the Defendant vext him c. the other saith no such record Brook tit Action upon the Statute 38. That the Marshalsey shall not hold Plea of Contracts unlesse as well the Plaintif as the Defendent are of the Kings House for if it be otherwise the Defendant may plead to the Jurisdiction and if the Plaintif remove out of the Kings Service hanging the Plea the Defendant may plead that and abate the Jurisdiction and the Plea contrary if the Defendant remove out of the Kings Service and there it was held though the trespasse made within the Verge lie there between any though they be not of the Kings House contrary of Debt and Covenant and therefore seek of action upon the case there between strangers upon Assumpsit for it seems that it is a Contract 6 R. 2. Tit. 49. Br. Action upon the Statute Debt upon Recovery of Dammages before the Marshall in an action of Covenant before the Marshal that is a good Plea to the Jurisdiction that none of the parties was of the Kings House at the time c. For the Statute of Articuli super chartas cap. 3. will as above and therefore it is coram non Judice if it be otherwise 19 Ed. 4. fol. 9. By Littleton and not denied where one is out-lawed in the common Bench without Originall it is not void but errour but Judgement given in the Marshalsey between parties which are not of the Kings House is voide for they have no power to hold the Plea and if execution of that Judgement be sued the other shall have trespasse upon it Then for that that the Statute of Articuli super chartas aforesaid limits what actions shall be sued in the Marshalsey it seems that information upon penall Statutes shall not be sued there for the Attorney of the Queen nor informer shall not inform there and this is no Suite between the parties that the Statue of Artic. provides and they are no such actions and for that Mr. Poole Steward there did well to reiect the informations of penall Statutes aforesaid out of the Court and in this Court and the Court of Pipowders the Suite is J.S. complaines against J.D. and your information is Memorandum that such a day J.S. came here into the Court c. And gave the Court so to understand that c. And there is another form and where there are diverse Statutes which gives liberty to sue for penalties in any Court of Record of the King by expresse wordes yet it was never seen in any suite by information for such penalties in the Chancery Court of Wards Court of Requests for suits there are by English Bills and matters of conscience and Leet is a Court of Record of the King and yet no information shal be there and so it seems in a Court of Pipowders they do not use in these Courts English nor in Leet where the matters are by presentment of the Jury to be informed there nor in Court of Pipowders unlesse the Lord hath the panalties by the Kings Grant for in these Courts the attendance of the Kings Attorney is not requisite and who shall account and pay the King his halfe in these Courts and for that it is hard to sue information there see 44 Ed. 3. Tit. 1. Action populer B. And though that some Statutes by expresse words are That it is lawfull to sue for these penalties of Statutes in any Court of the King of Record this is to be intended in such Courts which have been used as in the Common Bench the Kings Bench the Exchequer and for that the Statute of Acton Burnell fol. 136. is That where an Extent upon a Statute Merchant is found too high it is forthwith that the extenders shall answer for this is to be intended at the day of extent and not forthwith 2 H. 4. fol. 19. So this is taken by intendment as above 8 H. 4. fol. 11. Also the Statute of Donis condicionalibus the letter is That Fine by Tenant in taile in right is nothing for that is to be taken as wise men have taken it that is to say That the Issue in taile be put to a Formedon and cannot enter 11 H. 6. fol. 19. Also the Statute of the yeare 8 H. H. 6. chap. 10. is That upon Indictment shall goe two Capias and Exigent and that the second Capias shall be with Proclamation at a place which hath addition If he be Indicted in another County then where he dwells and it be not so the Outlawry shall be void and this is taken by this Booke of 11 H. 6. fol. 19. It shall be avoided by Writ of Errour and not voyd according to the expresse words of the Statute Also it is not used where Faires or Markets are granted to grant to the Lords of that forfeiture of penall Statutes that that is not granted to the Steward and Marshall and for these causes Informations shall not be sued there Customes It is sayd that the fifth ground of the Law is particular Customes and for that Custome is inquirable by the third Article Doctor and Student fol. 20. And for that it is expedient to say some thing of Customes and first to write such Customes to you which I have seene allowed between Copy-holders within Mannours where I have been at Courts FIrst Heire Custome of some Mannor is that the youngest Son or Daughter of the first Wife being marryed a Virgin ought to inherite Custome of some Mannor is Dower That the Woman being espoused a Virgin shall have all the Copy-hold whereof the Husband dyed seised for her frank bench but
to Fortescue fol. 85. which is That none is to be sued but by the Law And the case was this That the Husband before that he tooke a Wife made an Estate for life reserving Rent and after he took a Wife and dyed so that by the Law the Wife is not Dowable of the Land much more shee shall not be assigned there by the Homagers but saith the Steward in such a case shee is by the custome of this Mannor dowable in this case and such blinde and unreasonable customes are alleadged many times amongst copy-holders where there is no President nor usage in this case to be shewed But you ought not to allow any custome but that which hath been used from time to time and from time out of minde and there ought to be Presidents in the Court-Rolls or good proofe of that to be shewed to the Court accordingly otherwise it is not to be allowed for a custome And for that that you ought to note what custome ought to have lawfull beginning as might take lawfull effect by Grants at the beginning for if it be against common right and reason it is not good and for that you ought to regard these Grounds and Customes FIrst That it be reasonable 2 H. 4. tit 10. And for that custome that no Tenant of the Mannor put in his Beasts to use his common in Feilds sowed after the corne is taken off till the Lord hath first put in his Beasts is not good for it may be the Lord will not put in his Beasts and then the Tenants shall loose their profits Also that it be according to common right 42 Ed. 3. fol. 4. Prescription of the Sheriffe that the Tenants of the place ought to give to the Sheriffe for easement for reward at the Turne of the Sheriffe halfe a Marke and this is against common right for every gift cometh upon his liberality and at the will of the giver and for that it is not good and also saith that the Sheriffe cannot prescribe Also that it be upon good consideration 42 Ed. 3. fol. 4. In the case next before where the Sheriffe prescribes for that that there is nothing which toucheth the King of which he is charged in account it is not good for there is no consideration And as 5 H. 7. fol. 9. prescription that if any pasture Sheep upon his Land by day that hee may have Foldage of them in the night upon his Land it is good for it is with consideration And you ought to note that prescription custome and usage are as Brothers and yet some thing they differ in their natures for Prescription is when by continuance of time out of memory one particular person hath particular right against another particular person And custome is where by continuance of time out of memory one right is had concerning diverse persons and usage is by continuance of time the efficient cause of them both and usage is the life of Prescription and custome for Prescription and custome have their being by usage of time out of mind c. Custome or prescription that every one which breaks the Lords pound shall pay three pound nine pence is not good against a Stranger to the Lord but that every tenant which breakes the pound shall pay three pound nine pence to the Lord is good for the Lord may give the Tenements of his Tenant to hold by such c. 11 H. 7. fol. 14. So that at the beginning the Lord may create these customes aforesaid amongst copy-holders Custome to prescribe to have used fold-gate in the night for pasture in the day is good for it is one for another and it is with common right 5 H. 7. f. 9. Custome that the Tenant of time out of minde hath used to pay so much for the Marriage of his Daughter is good 43 Ed. 3. and 6. but Littleton fol. 46. contrary Custome or prescription against common Right is not good and for that that it hath been used in Leet that if the petty twelve present false and the other twelve inquire of that and finde that false shall be amerced is not good the same Law for the Lord of the Leet which hath no Land to prescribe to be Lord of Waste 9 H. 6. fol. 44. Custome or prescription of folding Sheep in the night gathered to the Fold is not good unlesse it be as above for their pasture 46 Ed. 3. fol. 13. Custome or prescription that one may keep the distresse till he be satisfied at his Will is not good for it is against common right Lit. fol. 46.5 H. 7.9 Custome or prescription that one shall have the Land to plow and sow and when the Corn is carryed another may have that as his severall is good time of Ed. 2. Tit. prescription 55. Custome or prescription to have Toll through which is in the high-way is not good for it is against common Right but to have Toll travers is good 22 Book of Assise 58. Custome or prescription to have Warren in his Signiory Lands is good but not of Lands which are not held of him 3. H. 6.13.43 Ed. 3.13 and see 44 Ed. 3.13 Custome is good which is not against the Law of Reason nor the Law of God as customes of Gavelkinde and Borough English and Doctor and Student fol. 20. B. Custome that every Tenant of the Mannor ought to pay two Markes for Releife hold they more or lesse is good 40 Ed. 3. f. 6. Custome that the Tenants of the Mannor time out of minde have used to choose a Beadle for them to gather the Lords Rents is good 44 Ed. 3. fol. 13. Custome that none of the Town of D. shall put in their Beasts into the Feild after the corn taken off untill the Feast of S. Michaell is a good custome of the Town after 46 Ed. 3. fol. 24. But custome that none shall put his Beasts into the Feilds after the corn severed and carryed before the Lord put in his Beasts is not good for paradventure the Lord will never put in his Beasts 2 H. 4.24 Custome of the Town of Barton or of a Mannor that a Wife shall have all the Land of her Husband for her dower or a halfe or fourth part is a good custome 2 Ed. 4.17 and 21 Ed. 4. fol. 64. by Choke It is held that custome throughout the whole Kingdome is common Law and one cannot prescribe that it is a custome throughout the whole Kingdome but it is a custome in such a City or such a County 34 H. 8. Tit. custome 59.30 Ed. 3.25 2 H. 4. fol. 18. custome of County 21 Ed. 4.54 Custome of the Town which is no Burrough nor corporation allowed there but see 4 Ed. 3.38 in a reasonable part and see 21. Ed. 4. f. 53. and 54.40 Book of As 27. and 45 As 48. against the custome of the Villiage That he hath been by prescription the keeper of a Wood and custome to have of every comer a measure of
grant an Office to one which knows not how to use it It is said that the grant is void and Justices may refuse him 5 Ed. 4. tit 48. the same 9 Ed. 4. fol 6. The King grants Office the Patentee may make title in assise without shewing that it was an Office before But if the grant was with vales and fees it is not good unlesse there be words Constituimus if there were none before 9 Ed. 4. fol 6. If the King grant the Office of one of the Clerks of the Crown to 2. the grant is good but grant to two to be chief Justice is void for it is a Judiciall office 18 Ed. 4. fol 8. The King grants the Office of chief prenotary to two that is void and the Justices may refuse to enroll it for two cannot have the keeping of the Rolls 29 H. 8. Tit. 47. If a man hath a fee of a Lord and after is made a Justice this fee is not void but after he is made Justice he is not to take fee of any but of the King But where a Parson is made a Bishop the Parsonage is void for he cannot be Ordinary to himself nor punish himself 3 H. 7. fol the last The King cannot grant the Reversion of an Office to J. S. by that name but reciting how that such a one shal have and hold such an Office for tearm of his life of Our speciall grace We grant the Office aforesaid to J. S. to have after the death c. See 32 H. 8. Chap. 27. 9 H. 7. tit 44. If the Warden of the Fleet do not bring in his prisoner which is commanded by the Court that is a cause of seising his Office And if a prisoner condemned escape he is to pay the condemnation 11 Ed. 4 fol. 1. by Vavisor Not attendance is a cause of forfeiture of the Office Westm 1. Chap. 26. No Sheriffe nor other Minister of the King shall not take reward to do his office and who doth shall restore double to the Plaintiffe and shall make Fine to the King Westm 1. Chap. 29. No servant accomptant nor other make any disceit or collusion in the Kings Court or consent to make that in deceit of the Court to wrong the Court or party and of that be attaint he shall have Imprisonment for a yeer and a day and be not heard in Court to count for none and if there be another which counts he shall be imprisoned a yeer and a day Fitzh 172. O. No Victualler ought to use to sell victuall or wine by great or retail so long as he is in Office as Mayor c. To keep the assise of bread and wine Fitzh 173. A. Victualers shall not be chosen to office of Judge in Towns and Cities but for default of others and then they shall not sell victuals See of that divers Statutes Processe of Execution JOhn Kitchin Steward to his Bayliffe health Because Rob. B. hath recovered against W.E. 31. s. in a Plea of Debt and 12 d. for charges and costs of which the said W. in the same Court was convicted by the Judgement of the Court. Therefore you shall cause to be levied according to the custome the aforesaid 31 s. in the said Court adjudged and the said 12 d. for charges and you shall have the said money at the next Court to pay to the said Rob for his damages aforesaid and have there this Precept and how c. dated the 24th day of April the yeer of the Reign of the Queen c. 21. Pound overt For that that in the 15th Article of the Charge it is to be enquired if any Distresse put into the Lords Pound be taken out without Authoritie for that let us see some things touching open Pounds SEveral pasture of one is provided for the time though it be not an open Pound for that is adjoyning to the Kings high way which is called an open Pound 5 H. 7. fol 9 If a man distrain his tenant in Fee for life or yeers for Rent he cannot impound in the same Land where he takes the Distresse but for dammage doing he may 21 H. 7. fol 39. By Choke If one take Beasts in the name of Distresse he ought to put them into an open Pound for that that he which is distrained may give to them sustenance otherwise he cannot give them meat But if he distrain dead chattels I may put them where I will but if they spoil in my default I must answer for them 9 Ed. 4. fol 2. B. If Distresse be taken out of the open Pound of the Lords of the Town he which distrains shall have a Parco fracto and not the Lord and the remedie for the Lord is presentment in the Court Baron 21 Ed. 4. fol 19. Fitzh 100. G. Where one distrains doing dammage or for Rent or service and impounds them in the common Pound or in another Pound or place which is a lawfull Pound and an other takes them out he which distrained shall have a Writ called Parco fracto of that taking out of the Pound The same Law is if they were impounded in a Close of his freind by his license and are taken out he which distrained shall have a Parco fracto and his freind Trespasse why by force of arms he broke his Close Fitzh 100. E. If Distresse be put in open Pound and they dye it is the losse of the owner but if they be put in another place it is not so And though sufficient amends be offered yet he cannot take the Distresse out of the Pound but ought to sue a Replegiare And then if it be found that sufficient was tendered he shall recover dammages for the refusall But if the Distresse dye in open Pound though sufficient amends were offered yet it is to the losse of the owner so that he ought to give to them sustenance Doctor Student fol. 113. If Distresse taken doing dammage be put in a Pound the Defendant may justifie that he hath Common in the place where the taking was and made fresh suit and came to the Pound and there he found that unlockt and took his Beasts this is lawfull upon fresh suit and being unlocked So it seems in all cases where the Distresse is taken without reasonable cause upon fresh suit and Pound unlocked the owner may take them out of the Pound 30 Ed 3. fol 171. 3 H. 6. fol 15. Defendant in Replegiare may say that he put the Beasts in open Pound and there they dyed and he shall not wage deliverance 5 H. 7. fol 9. If the Defendant in Replegiare take beasts and drives them away and doth not put them in an open Pound and they die this is not in default of the Plaintiffe But if he put them in an open Pound within the County it is not to be said that they are conveyed away but the Plaintiffe at his perill is bound to take knowledge where they are and to give them meat 39. H. 8.
solvat where it should be Reddat it shall abate 22 Ed. 4. f. 21. Debt upon the Statute of Farms against a Preist the Writ shall not be quod reddat to the Plaintiffe the sum so much but it shall be quod reddat as well to us as to the Plaintiffe otherwise the Writ shall abate for it is not according to the Presidents 27 H. 8. f. 23. Two Infants alien in Fee and one dies the other shall have dum fuit infra Atatem of the whoâ—e supposing that he himself aliened the whole for that there is no other Ferm of the Writ 21 Ed. 3. f. 50. If Tenements be let to one man for Term of half a year or for a quarter of a year In such Case if the Leffee make Waste the Lessor shall have a Writ of Waste and the Writ shall be which he holds for Term of years for that there is no other Form of the VVrit but he shall have a speciall Count Litileton f. 14. So the VVrit of VVaste is that he made VVaste and yet may count of many VVastes for that that there is no other Form and President of a VVrit 4. H. 6. f. 11. Trespasse why with force and arms his goods and chattells to the value c. where it is of dead things and if he counts of Horses or Kine where the VVrit is goods and chattells it shall abate for that that the Form is otherwise and if the VVrit be of things living he shall make metion of that in his VVrit that is to say by force and armâ— four Tenches or four Pikes he took or shall say he took his beasts and where it is a Horse it shall be he took his Horse or he took his Cow 2â— H. 6. f. 39. Trespasse if the VVrit be that he took his goods and Chattells and counts of ten pounds in money the VVrit shall abaâ—e for of money the VVrit is that he took so many pencâ— and that is the Form 39 Ed. 3. f. 23. Trespasse by the Husband and VVife The VVrit was he broke the Close of the VVife and the graffe thereof the said VVifes did â—atdown and the Declaration was whilest she was unmarried and the VVrit was awarded good for the Register is accordingly 21 H. 6. f. 30. Trespasse by the Husband and Wife why by force and armes he took his Goods and Chattels and counts that the Trespasse was when she was unmarried the Writ shall abate because he may have a Writ of Forme that is the Goods and Chattels of the said Wife and not his Goods and Chattels 7. H. 7. f. 2. Where Battery is made to a Woman unmarried which takes a Husband they shall have an Action that he struck D. his Wife whilest she was unmarried 22 Book of Ass 87. But where an unmarried Woman beaâ—s another and after she takes a Husband the Writ shall be that they both made the Battery and this is the Form A Woman diffeises one and after takes a Husband the Writ against them shall be that they disseised the Plaintiff and not that the Wife whilest she was unmarried disseised him but if the Woman unmarried be disseised and after takes a Husband and they bring an Assise in shall be disseised her whilest she was unmarried 4 Ed. 4. Br. Tit. Falfe Latine 1. What is the same Where in a Trespass or Action of that nature one justifieâ—â—â— Wrong where he ought to conclude that it is the same and where not ACtion upon the Case for threatning his Tenants at will by which they left the it holdings the Defendant saith that the Plaintiff disseised him and that he shid to him of he would not depart he would sue him aâ— the Law would which is the same threatning and it is good 9. H. 7. f. 7. 16 Ed. 4. f. 7. 28 H. 6. fol. 4. Defendant in Trespasse justifies for that that he and his Ancestors Tenant of such a House and Land have had a way in the place where c. to the Market and Church of D. time out of minde by which they used the way which is the said Prospasse c. 21 H. 6. fol 5. False Imprisonment Defendant justifies for that the Plaintiff was arrested by a Justice of Peace his Warrant and carried to him being Goaler which is the same Imprisonment False Imprisonment against an Abbot which justifies that he gave counsel to J. S. being in fear of his life to go to a justice of Peace for a Warrant of the Peace against the Plaintiff and that by vertue of a Warrant of the Peace so had the Plaintiff was arrested which is the same Imprisonment and this he cannot say for this is not Impâ—â—sonment by the Defendant and for that the general Issue was entered 12 H. 7. f. 14. False Imprisonment by a Woman the Defendant saith that she is carâ—ied to Southwark by her consent which is the same Imprisonment upon which the Plaintiff counts and it is no Plea for Imprisonment is against the will of one and that is not so 14 H. 6. f. 2. Trespasse of Assault Battery and wounding the Defendant saith that he laid his hands upon the Plaintiff peaceably and arrest the Plaintiff the same day and place by a Warrant which is the same Assault Battery and wounding and held it is no Plea for the reason aforesaid 21 H. 7. f. 49. Trespasse of a Close broken such a day the Defendant justifies that the Plaintiff licensed him the same day to enter and need not say that it is the same Trespasse for that it is the same day but if he justifie at another day â—â—at another place then he must say that it is the same Trespasse 21 H. 7. f. 39. The same Law is of Goods carried out if the Defendant justifie at the same day and place and so in â—â—â—pâ—sse of Battery if the Defendant â—â—stifie for thâ—â— the 〈◊〉 day and place the Plaintiff made Assault on him 〈…〉 he had was of his own Assault he need not in these Cases to say it was the samâ— Trespasse But in Trespasse of Goods taken the first year c. the Defendant pleads all the Record and saith that one J. S. recovered and that year the ninth by vertue of a Precept to make Execution he took them which is the faine taking upon which the Plaintiff c. and this is not good for it cannot be the same 12 H. 6. f. 3. by Coâ—esmore False Imprisonment the Defendant iustifies as Sherif that he arrested the Plaintif by a Capias and it is good if he shy that is the same Trespasse and otherwise it is not goodâ— 22 Ed. 4. Br. False Imprisonment 29. False Imprisonment the Defendant saith that he took the Plaintif from Jack Cade and other Rebells and delivered him to the Mayor for his safeguard which is the same Imprisonment and that is good for that was the Imprisonment but iustifiable 35 H. 6. f. 53. Conspiracy the Defendant iustifies for that that he is
paid that he should have all the remainder and saith that such and such are paid which are all the Defendant saith that such a Legacy was not paid without that that the Plaintif alleadgeth were all and he ought to traverse for that that it is a matter in deed Trespasse of Trees cut the Defendant pleads that J. S. was seised of an Acre whereof the Trespasse is parcell in Fee and let to him at will and that he by his commandement cut the said Trees and demands Judgement if Action and this is no Plea without Traverse that is without that that it is the Soil of the Plaintif 5 H. 5. fol. 8. Trespasse the Defendant conveys that his Father was seised in Fee and that descended to him the Plaintif pleads that J. D. infeoffed him and ought to traverse without that that the Father of the Defendant was seised in Fee 27 H. 8. f. 9. Trespasse the Defendant pleads that the place where c. was his Free-hold the Plaintif saith that J. S. was seised in Fee and let to him at will and that the Defendant outed him and disseised J. S. and that the Plaintif at the command of J. S. re-entered and the Trespasse mean between the re-entry and the disseisin and the Defendant maintains his Barr and he ought to traverse the Lease for that is most material 11 Ed. 4. f. 3. Trespasse the most material matter shall be traversed and for that if a Gift in Tail and dying seised be pleaded in Barr in Trespasse the Gift is traversable and not the dying seised so in Trespasse if the Defendant saith that a stranger was seised and infeoffed the Father of the Defendant and that his father died seised and that the Defendant entered as Sonne and Heire nothing is traversable but the last dying seised for that is the effect of his Barr by Neale 15 Ed. 4. f. 2. Trespasse The Defendant saith that I was seised and protesting died seised and conveyed the discent to the Defendant the Plaintiffe saith that M. enfeoffed him by force of which he was seised till the Defendant made a Trespasse and the Defendant saith as above without that that the Plaintiffe was seised at the time of the Trespasse but it is not good for he ought to traverse and to say without that that M. enfeoffed him for that is the effect of the Replication 19 H. 8. f. 7. Trespasse the Defendant pleads his Freehold the Plaintiffe saith that the Defendant let to A. for years which granted his estate to B. which granted to him the Defendant maintained his Barr without that that B. granted to the Plaintiffe and is not good for he conveys from the Defendant himself and that is traversable and saith without that that the Defendant let to A. But where an estate is conveyed all by strangers he may traverse one conveyance or other 10 H. 7. f. 8. Assise the Defendant pleads Barr and the Plaintiffe makes Title by a gift in Tail to his father and dying seised of his father the gift is traversable but if it be by Feoffement of J. S. to his father and dying seised of his Father the dying seised is traversable 9 H. 6.22 and 10 H. 4.1 accordingly Mesne and counts that he held a hundred Acres by Fealty of the Defendant and he over c. the Defendant saith that the Plaintiffe held of him by Homage and Fealty and ought to traverse the acquittal not the Tenure 2 H. 5. f. 2. Trespasse of close broken the Defendant faith that J. S. and J. D. were seised in Fee that J. S. enfeoffed the Ancestor of the Plaintiffe and J. D. enfeoffed the Defendant and so they hold as undivided and the Plaintiffe saith that his Ancestor died sole seised of all and this descended to him without that he held as undivided and it is no Plea but he ought to traverse the Feoffement made by J.D. to the Defendant for the Plea is as good without So and for that in this Case that which comes after the So is not materiall but whre it is materiall it is traversable and for that by Choke Debt upon an Obligation the Defendant saith that he was a lay man and not learned and this Writing was read to him in place of an Acquittance and so this Obligation is not his Deed now this which cometh after the So is materiall 32 H. 6. f. 16. Tit. Issue 9. Debt upon a Lease of four Acres for four pounds of Rent the Defendant demands Judgement of the Count for that that the Plaintiffe let the four Acres and a Rectorie for the four pounds and ought to traverse without that that he let the four Acres onely c. 35 H. 6. f. 38. and 18 Ed. 4. fol. 17. One avowes for that that the Plaintiffe held an Acre of him by twelve pence the Plaintif saith that he held the same Acre and another by six pence without that that he held of him by the same Services onely and it is not good but he shall say without that that he held the said Acres in Manner and Form 13 H. 7.25 One avows for that that he held two acres by twenty shillings of him the Plaintif saith that he held the two Acres and two others in the same Town by the Services of twelve shillings without that that he held the two Acres onely by the Services of twenty shillings in Manner and Form as c. this seems good 8 H. 7. f. 5. Where one justifies at another day then the Plaintiffe alledges and ought to traverse onely before the day of his iustification and where before and after where onely after TRespasse against the Sherif of a Cow taken the Desendant justifies at the day after by a Precept he attached the Cow and took her with him without that that he is guilty before that Precept to him directed and this seems good 9 H. 7. f. 6. Trespasse of imprisonment second day of May the fourth year the Defendant iustifies the fourth day of August Anno fourth aforesaid by force of a Warrant of the Peace c. which is the same Imprisonment without that that he is guilty before that day and it is doubted if he ought to traverse before and after and there it seems if one plead his Freehold such a day after without that that he was guilty before it seems good 5 Ed. 4. fol 12. Trespas in Wood 1. day of August the Defendant justifies by prescription to have yeerly twenty cart load there betwixt Michaelmasse and Christmas and that such a day in November he took them without that that he is guilty before Michaelmasse and after Christmasse and good And the Plaintiffe saith that he knowledgeth the day that he counted and traverseth the prescription and good notwithstanding he doth not maintain the day that he traverseth for it is in the election of the Plaintiffe to maintain the traverse of the time or to traverse the speciall matter as in trespas Anno 7. The Defendant
pleads Release Anno 6. without that he was guilty after the Release the Plaintiffe may say it is not his Deed without maintaining the day 10 Ed 4. fol. 2. and 21 Ed 4. fol 79. the same of Release pleaded without that he was guilty afterwards Trespas where one pleads a Release or Arbitrement atano ther day he ought to traverse all the time after the Release or after the Arbitrement for all time before is extinct But if he plead such a day it is Free-hold there he ought to traverse all time before And in Trespas of Corn taken the 6th day of July the Defendant justifies as Parson the 10th of August for that they were severed from the 9th without that that he is guilty at another time but after the Tythes severed and till they were dry and it is good without traversing before and after for it is yeerly and not certain what day of the yeer The same Law where one justifies for Common after corne sowed till cut But otherwise it is for having Common from Lammas till Candlemas there he ought to traverse all the time before Lammas and after Candlemas 12 Ed 4. fol 6. Trespas of a Close broken first day of May Anno 8. the Defendant pleads that the Plaintiffe enfeoffed him the 4th of May the yeer aforesaid without that that he was guilty before the said 4th day And the Plaintiffe saith that he did not enfeoffe him and it is good without maintaining the day which was traversed before 15 Ed 4. f 23. If the Defendant justifie by Licence at another day he ought to say without that that he is guilty before or after 31 E 4. fol 9. Trespas of Batterie the Defendant justifies at another day before yet he ought to traverse without that that he is guilty before or after 30 H 6. fol 4. Trespas of beating 1. day of July the Defendant justifies in defending himself the 2. day of July he ought to say without that that he is guilty before or after 2 R 3. fol 16.34 H 6. fol 14. the same and 19 H 6. fol 47. Where one shall traverse the Town and where the County and where not TRespas why he broke his Close and took his Reeds in B. it is no plea that the place is in D. in the same County and not in B. but he ought to justifie in D. the taking as by prescription for repairing his house or any matter of justification without that that he took in B. 9 H 5. fol 9. and 4 H 7. fol 5 by Hussey Trespas of goods in D. in the County of Middlesex Defendant justifies at S. in the County of D. by commandment of J. S. in whom the property is without that that he is guilty in the County of Middlesex 22 Ed 4.38 Trespas of goods in one County the Defendant may justifie in another and traverse the County 7 H. 6. f 37. Trespas of a Close broken in D. the Defendant justifies for common appendant in S. in the same County he ought to traverse without that that he is guilty in D. 4 H 6. fol 13. Trespas why he broke his Close in D. in the County of Darby the Defendant cannot justifie in S. in the County of N. in manner and form and traverse the County but plead not guilty for upon not guilty the Jury cannot finde him guilty in another Town in another County but in another Town in the same County they may and for that he ought to traverse But in trespas of goods taken or of Battery in D. the Defendant may justifie in S. in the same County without travers 9 H 6. fol 62. Trespas of Fish taken in a Close in little Henberry the Defendant justifies in great Henberry in the same County without that that he was guilty in little Henberry and it is good 19 H 6.8 and 20 H 6.29 Trespas of Assault Batterie and Imprisonment in D. the defendant â—ustifies in S. in the same County for helping a woman which the Plaintiffe would have robb'd at S. and it is good without traverse that is without saying without that that he is guilty in D. for it is a justification in every place of the said County 9 Ed 4 fol 26. Trespas upon the Statute of Rich the fifth yeer for entring in 20. Acres of land in D. the defendant saith that J. S. was seised of 20 Acres in S. in the same County and of them enfeoffed him and justifies without that that he entred into the Lands in D. and it is good If he give colour in S. to have the Town parâ—ell of the Issue for inveigling the Jury 11 Ed 4.9 Trespas in D. of Beasts taken the Defendant justifies in S. in the same County doing dammage without traverse The same Law of Battery Yet see the Book 18 Ed 4.11 Detinue of a delivery to the Defendant in D. in the County of D. to re-deliver to the Plaintiffe the Defendant saith that the same day and yeer at S. in the County of N. the Plaintiffe bought the goods of the Defendant for 10 li. upon condition that if he payed the 10 li. such a day that the Sale should be void and that he did not pay at the day without that that the Plaintiffe delivered them in the County of D. for to re-deliver and admitted a good Plea 8 H. 6. fol 10. Detinue of a delivery in one County where it was delivered in another the Defendant may say that the delivery was in another County without that it was delivered where the Plaintiffe counts otherwise he shall be twice charged 33 H. 6. fol 28. By Nedham in Debt upon a bargain the Defendant saith it was made upon condition at another place in the same County The Plaintiffe may say that it was made simply without any condition ready without traversing of the place for that that it is in the same County But if the Condition were made in another County there he ought to traverse that it was made simply where the Plaintiffe counted 34 H 6. fol 32. And the same Law in detinue of chattels and see a bargain traversable which is in effect the same conveyance where he might have waged his Law 33 H. 6. fol 25. Account of Receit in London by the hands of R. the Defendant saith that he received them by the hands of R. in C. to deliver to the Plaintiffe himself which he hath done without that that he ever received them in London and good 9 Ed 4.48 and 22 H. 6.55 Account of Recest of 10 Marks in London the Defendant saith he received them in Cornwall to deliver them to J.S. which he hath done without that that he was his Receiver in London and it seems a good plea. 9 Ed. 4. f. 48. Trespas in the Parish of W. in D. in the County of E. the Defendant saith that the place is called W. in D. in the County of K. and justifies without that that W. is in the County of E. and not guilty
Steward that W. N. lying very sick 10 day of A. the year of the Reign of the aforesaid Lady the Queen 19. surrendred into the hands of the Lord by the hands of the said steward the Court being absent in the presence of R. C. R. P. and C. H. one tenement called Miles in which lately dwelt W. G. with all his lands and tenements within the prebend of J to the use and behoof of M. his wife for tearm of her life and aster the desease of the said M. the remainder to W. T. son of the foresaid W. the father and E daughter of the said W the father and sister of the aforesaid W. their sons and heirs upon this condition notwithstanding following that if it happen any of the aforesaid W. the son and E the daughter to dye without heirs of their body issuing that then he or she which did survive shall have enjoy the tenement aforesaid to them and their heirs for ever And upon this came into this Court the aforesaid M. did desire to be admitted into the Tenement aforesaid with the appurtenances to whom the Lord by J. K. his steward granted thereof seism by the rod to have to him in form aforesaid at the will of the Lord according to the custome of the Mannor and gave to the Lord for his fine for his entrance there had as it appears c. and made his fealty and is admitted thereof Tenant Item The death of a Coheir at this Court it was found by the Homagers that one W. W. one of the sons and Coheirs of R. W. dead which surely W.W. held of the Lord to him his heirs according to the custom of this Mannor the half of two messuages or tenements and one garden with the appurtenances in J and long before this Court dyed thereof seised within the age of 10 years and in the keeping of one R. M. according to the custome of the Mannor and that S. W is brother and sole heir of the aforesaid W. W. and of full age who being here present in the Court desired to be admitted Tenant to all the lands and tenements customary of which the said W W dyed thereof seised that is to the half of two messuages or tenements a Toft and garden with the appurtenances within the Mannor to which the Lord by his steward J. K. granted to him seisin thereof to have and to hold to him and his heirs of the Lord by the rod at the will of the Lord according to the custome of the Mannor aforesaid by the rent custome and services there first due and accustomed and gives to the Lord for his fine for his entrance as it appearsin the head and made to his Lord fealty and is admitted tenant thereof Also to this Court came J T Surrender in Court and surrendred into the hands of the Lord 10 acres of land either more or lesse with the appurtenances called S. 4 acres of pasture either more or lesse called B. and 4 acres of meddow be it more or lesse called K. customary to the use and behoof of R. B. Gentleman his heirs and assigns for ever by the rod at the will of the Lord according to the custome of the Mannor aforesaid to which R.B. the Lord by his Steward granted to him thereof seisin to have to him and his heirs of the Lord by the rent of 10 s. yearly and other services then first due and he gives the Lord for a Fine for having this entry therein 4 l. and made to the Lord fealty and is hereof admitted Tenant Also the Homagers say upon their Oath that on R S Death which held of the Lord as a Parcener by the custome of the Mannor nine Acres of customary Land with a grange together with T S his brother to him and to his Heirs dyed since the last Court so seised and that one J S his son and next heir of the said R. to the half aforesaid of the Land and Grange aforesaid and is of the Age of 8 years And upon this as wel the custody of the aforesaid F as the Land and grange aforesaid were committed to one S I as his next freind c. And found surety to the Court E N to restore to the aforesaid J. of the profits thereof when he should come to the age of 14 years Also they say upon their Oath that R W Encreâ— ment encroached upon the wast of the Lord at C in length 20 rods and in bredth one rod therefore he in mercy c. And it is ordained that he shall lay out the same before the feast of St. John Baptist next under the pain of forfeiting to the Lord for every Rod c. Also they say upon their Oath that G B Reâ—â—ous Bayliffe of the Lord such a day and year c. within the Lordship distrained H S for the Lords rent then by that foresaid H behind and not paid and that the aforesaid H then and there made Rescous upon the said G B therfore he in the mercy c. Pleas in Court Baron R. H. complaineth against C E and A his wife Formedon in Remainder of a Plea of Land that is to say of one house two Cottages 20 Acres of Meddow and 20 Acres of Pastor with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute the Suit in forme and nature 〈◊〉 a Writ of the Queens of the forme of a gift in remainder at the common-Law and found sureties to prosecute that Suit in forme and nature aforesaid that is J.H. and R M and desires forthwith processe to be made for him according to the custome of the Mannor aforesaid against the aforesaid C and A his wife c. Therefore according to the custome of this Mannor used time out of minde It is commanded to the under Baâ—liffe of thiâ— Mannor aforesaid and the Officer of the foresaid Court that he should summon by good summoners the aforesaid C A that they should be before the suitors of the Court aforesaid the next Court of the Mannor aforesaid the Tuesday such a day held at the Mannor aforesaid to answer to the aforesaid R H of the aforesaid Plea c. The same day is given to the aforesaid R here c. To which truly next Court came aswell the aforesaid R H as the aforesaid C and A by J R their Attorney And the aforesaid Officer of the Court aforesaid returned here in the Court that that he by vertue of the command aforesaid to him directed had sunimoned the aforesaid C and A by good summoners that is by J D and R R to be here at this Court to answer the aforesaid R H of the aforesaid Plea of the aforesaid one house â— Cottages 20 Acres of Land 20 Acre of Meddow and 20 Acres of Pasture with the appurtenances as it was commanded him c. And upon this the said R H demandeth against
the said C Count. and A the tenements aforesaid with the appurtenances as his right and Inheritance saying that one W H was seised of the tenements aforesaid with the appurtenances in his demesne as of Fee at the will of the Lord according to the custome of the manner aforesaid And so being seised according to the custome of this Mannor time out of mind used and allowed at the Court of the Mannor held at J within the precinct of the Mannor the aforesaid Tuesday next after the feast of P the year of the Reign of our Soveraign Lady Queen Eliz 22. by J.A. and T P deputy Bayliffes of the Mannor aforesaid in the presence of T C T S R L J M Y R. and J B are tenants of the Lord of the Mannor aforesaid surrendred into the hands of the Lord the tenements aforesaid with the appurtenances to the use and behoof of one M then the wife of the aforesaid W H to be held for tearm of her life and after the decease of the said M the aforesaid Tenements with their appurtenances should wholly remain to one J H. son of N H brother of the aforesaid W H and to the heirs of his body lawfully begotten and for defect of such Issue of the said J the aforesaid tenements with the appurtenances should wholly remain to one E H daughter of the aforesaid W to be held to her and her heirs of her Body lawfully begotten and for defect of such Issue of the said E. the aforesaid tenements with the appurtenances should wholly remain to the right heirs of the aforesaid W H and his heirs for ever By vertue of which surrender the aforesaid M was seised of the tenements with the appurtenances in his deinesne as of freehold at the will of the Lord according to the custome of the Mannor aforesaid in the time of peace time of the aforesaid Queen Elisabeth taken then the profits to the value c. And from the said M. remained right by the form of the surrender aforesaid according to the custome of the Mannor aforesaid J H by which the said J was seised of the tenements aforesaid with the appurtenances in his demesne as of fee tayl at the will of the Lord according to the custome of the Mannor aforesaid by forme of the surrender aforesaid in the time of peace in time of our Lord Edward late King of England the second taking then the profits to the value c. and from the said J after the death of the aforesaid Elizab for that both of them the aforesaid J. and E dyed without heirs of their body lawfully begotten the right remainder by the forme of the surrender aforesaid according to the custome of the Mannor aforesaid to the said R H which now demands that is to say as the son and heir of W F brother and heir of the aforesaid W H and therefore produceth this Suite Plaints of Mortdancester R. C Complains against W L and E his Wife of a Plea of Land that is to say of one house 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute his complaint in forme and nature of a Writ of the Queens Assise of the death of his Ancestor at the Common-law c. And desired processe for that to be made according to the custome of this Mannor in form and nature of this Writ aforesaid to be directed to the Bayliffes and Officers of this Court. And that the said Bayliffe and Officers by the command and precept of the Lord of this Mannor Where all are Copiholders and according to the custome of the said Mannor should summon by good summons twelve honest and lawfull men of the homage of this Mannor at the next Court to be kept within the Mannor ready to know by their Oath if R C Father of the aforesaid R was seised in his demesne as of fee at the will of the Lord according to the custome of the Mannor the day that he dyed of and in one house 30 Acres of Medow and a 100 Acres of Pasture of customary Lands of this Mannor with the appurtenances called C. within the jurisdiction of this Court the day that he dyed And if the said R. the father dyed within 50 years now last past and if the aforesaid R the son be the next heir of the aforesaid R the father and in the mean time they should view the Lands and Tenements aforesaid And that they should summon by good summoners the aforesaid W and E which hold the said lands and tenements that they should be here to hear the Recognitors and should find sureties to prosecute their Suite aforesaid J. D R R. And late here at this Court came the aforesaid W J in his own person Bar. and saith that the aforesaid R father of the said complainant was not seised in his demesn as of fee at the will of the Lord according to the custome of this Mannor day that he dyed of the aforesaid house and 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in manner and forme as by the aforesaid complainant is first supposed and this he desires might be inquired by the Assise and the said Complainant likewise Entry in the by and to whom TO this Court came J N in his proper person complaineth against T M of a Plea of Land that is to say of one house one garden and one Orchard with the appurtenances and found sureties to prosecute his suit aforesaid that is J D. and R R. and doth protest to prosecute his suite aforesaid of the aforesaid house garden and orchard with the appurtenances in J in nature and forme of a writ of entrance of our Lady the Queen in the by and to which Saying that the said house and garden with the appurtenances are his right and Inheritance according to the custome of the Mannor aforesaid and into which the aforesaid T M hath no entry but by El late the wife of W M and the daughter of R P to which aforesaid R P. and M his wife they demised which since unjustly and without judgement disseised R N by rem of the said J N within 50 years last expired c. And desires processe thereof to be made to him against the aforesaid T M according to the custome of the Mannor therefore according to the custome of the Mannor it was commanded J B under Bayliffe of the said Mannor and Officer of the Court aforesaid that according to the custome of the Mannor aforesaid he should summon by good summoners the aforesaid T M that he should be here at the next Court that is the fourth day of M. next comming here to be held to answer to the aforesaid J N of the Plea aforesaid c. The same day is given to J. N here c. To this Court came A B Citizen and Mercer of L.
Common Recovery in a Right Patent in proper person and complained against W W of a Plea of land that is of one house one garden and one Acre of land with the appurtenances in J held of this Mannor by copy of Court Roll of this Mannor and made protestation to prosecute his complaint aforesaid in the Court aforesaid in forme and nature of a Writ of one Lady the Queen of right Patent at the Common-law according to the custome of the Mannor aforesaid And found pledges to prosecute his complaint aforesaid here in the said Court that is J D and R F and desired processe thereof to be made to him against the aforesaid W W according to the custome of the Mannor aforesaid therefore according to the custome of the Mannor aforesaid it was commanded J S Bayliffe of the Mannor aforesaid and Officer of this Court that he should summon the aforesaid W W so that he should be here at the next Court of this Mannor aforesaid here that is the Saturday the fourth day of J to be held to answer the aforesaid A B of the Plea aforesaid and that he then have there the names of the summoners and this precept And the same day is given to the demandant here c. And late that is to say to this Court came the aforesaid W W in his proper person and in the full Court here gratis offered to answer to the aforesaid A B of the plea aforesaid by good summonitors that is J D and R. R according to the custome of the Mannor aforesaid and upon this lately to this Court the aforesaid A B that is in proper person came and demanded against the said W W the house aforesaid the garden and acre of land aforesaid with appurtenances in J aforesaid held of this Mannor by Copy of Court Roll as his right and inheritance and whereof he saith that he himself was seised of the tenement aforesaid with the appurtenances in his demesne as of see and right according to the custome of the Mannor aforesaid in time of peace in the time of our Lady the now Queen taking the profits to the value c. And that so is his right he offereth c. And the foresaid W W came and defendeth his right when c. and this seisin of which seisin c. As of fee and right c. and especially of the tenements aforesaid with the appurtenances and all c. And puts himself upon the homagers aforesaid of our Queen of this Court aforesaid according to the custome of the Mannor aforesaid and desires an acknowledgment to be made whether he hath more right to hold the tenements aforesaid with the appurtenances as he holds or the aforesaid A. B. to have the aforesaid tenements with the appurtenances as he above demandeth c. And the aforesaid A B demandeth license to consider thereof till the 11th houre before noon of the same day and had it c. And the same houre was given to the aforesaid W here c. And after the said A B returned here into the Court the self same day at the aforesaid houre in proper person and the aforesaid W W though he were solemnly warned came not but in contempt of the Court departed made default therefore according to the custome of the Mannor aforesaid It is considered by the Court that the aforesaid A B should recover his seisin against the said W W of the tenements aforesaid with their appurtenances according to the custome of the Mannor aforesaid to hold to the said A B and his heirs according to the custome of the said Mannor quiet from the said W W and his heirs for ever and the said W W in the mercy c. And now to this Court the Lord in execution of judgment and recovering aforesaid by his Steward granted to the aforesaid A B of the Tenements aforesaid with the appurtenances seisin to hold to him and his heirs and assignes by the Rod at the will of the Lord according to the custome of the mannor and made to the Lord then fine and fealty and then was admitted Tenant And after that is to say at the same Court the aforesaid A B then present came and the aforesaid W W surrendred into the hands of the Lord the tenement aforesaid with the appurtenances to the use and behoofe of the foresaid A B his heirs and assignes for ever and further the aforesaid W W remised and released and altogether for him and his heirs for ever quite claimed to A B his heirs and assignes in their full and peceable possession and seisin day at the making of these presents according to the custome of the said Mannor of and in the tenements aforesaid with their appurtenances the whole right title state claim interest or demands whatsoever which he ever had hath or any way hereafter may have of or in the tenements aforesaid with their appurtenances or in any parcell thereof so that neither the aforesaid W.W. nor his heirs or any other of them any right title state claim interest or demand of or in the Tenements aforesaid with their appurtenances nor in any parcel of them from hence may challenge claim or pretend unto nor shal do hereafter but from all action of the Law title claim use interest and demand thereof be for ever excluded and every of them excluded for ever by these presents And further the said W W. granteth for him and his heirs that he will warrant the tenements aforesaid with the appurtenances to the aforesaid A B and his heirs against all men for ever To this Court c. came W. T son and heir of W T Common recovery in entry in the Post dead and is admitted tenant by the rod of one Feild called C containing by estimation 8 Acres of medow with the appurtenances in J aforesaid whether more or lesse with the appurtenances to have to him and his heirs at the will of the Lord according to the custome of the Mannor aforesaid and paid to the Lord for his entrance so had c. and made his fealty c. And after to the same Court came the said W T and surrendred into the hands of the Lord in the same Court aforesaid the feild called C containing by estimation 8 acres of meddow either more or lesse lying in J aforesaid with the appurtenances whose western part abouts upon a certain way called K and the northern head thence abutting upon a close late S W to the use and behoof of M M and his heirs for ever and upon this came the aforesaid M M and desired of the Lord in the same Court to be admitted tenant to the aforesaid 8 acre of meddow with their appurtenances to have and to hold to him and his heirs for ever at the will of the Lord according to the custome of the Mannor aforesaid making and rendring thereof rent services and customes before due and accustomed to whom the Lord by
his Steward granted seisin thereof by the Rod at the will of the Lord according to the custome of the Mannor aforesaid and payd to the Lord for a fine for such an entrance for him to have 53s 4d and made to the Lord fealty and then was admitted tenant And after that is to say to the same Court came R. M. and W. M. and complained against the aforesaid M. M. of a plea of land that is of the aforesaid 8 acres of meddow and made protestatiou to follow the complaint in forme and nature of a Writ of the Queens of entring upon disseisin in the post and upon this the aforesaid R. and W.M. in their proper persons demand against the aforesaid Michall M. the aforesaid 8 acres of meddow with the appurtenances in J. within the jurisdiction of this Court as their right and inheritance and into which the said M. M. had no entrance but after disseisin which H. H. thereof and without judgment made to the aforesaid R. and W. within 30 years last past c. And whereof they say that they were seised of the aforesaid 8 acres of meddow with the appurtenances in their demesne as of fee and right at the will of the Lord according to the custome of the Mannor aforesaid taking the profits thereof to the value c. and in which c. and so bring their suit c. And the aforesaid M.M. in his proper person comes and defends his right when c. and called into warranty the aforesaid W.T. which is present here in Court in his proper person and willingly the aforesaid eight Acres of Meadow with the appurrenances did warrant unto him c. and upon this the aforesaid R. and W.M. do desire against the said W.T. Tenant by his warranty the aforesaid eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the Will of the Lord according to the custome of the Mannor aforesaid in the time of Peace in the time of the Queen that now is taking the profits thereof to the value c. and in which and c. and thereof bring their Suit c. And the aforesaid W.T. Tenant by the warranty defendeth his Right when c. and further then calls to warranty C.D. which likewise is present in Court in proper person and gratis the aforesaid eight Acres of Meadow with the appurtenances to him doth warrant c. and upon this the said R. and W.M. do desire against the said Christopher Tenant to the warranty the aforesaid eight Acres with the appurtenances whereof they say that he himself was seised of the said eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the will of the Lord according to the custome of the said Mannour at the said time in the time of Peace in the time of our Lady the Queen now taking the profits thereof to the value c. and in which c. and therefore bring their Suit c And the said R. and W.M. desire Licence of talking tother and had it c. and after the said R. and W.M. returned here into the Court to the same Court in their proper persons and the aforesaid T. though he were solemnly summoned returned not but in contempt of the Court departed and made default therefore it is granted that the aforesaid R. and W.M. should recover their Seisin against the said M. M. of the aforesaid eight Acres of Meadow with the appurtenances c. and that the said M.M. should have of the Land of the aforesaid W.T. to the value c. and that the said W.T. further should have of the Land of the aforesaid C.D. to the value c. and the same C. in the mercy c. and upon this the aforesaid R. and W.M. do desire a Precept to give to them full Seisin of the aforesaid eight Acres of Meadow with the appurtenances to be directed to an Officer of the aforesaid Court and it was granted to them retrunable here immediately c. and afterwards tha is to say the first of Aprill came here into the Court the aforesaid R. and W. M. in their proper persons and the Office of the Court that is to say R.W. and certified the Court aforesaid that by vertue of the Precept aforesaid to him so directed the said first day of April he made to have to the aforesaid R. and W.M. full seisin of the aforesaid eight Acres of Meadow with the appurtenances as by the Precept aforesaid he was commanded c. And after that is to say at the very same Court the aforesaid R. and W. M. and the aforesaid W. T. then beeing present came and surrendred into the hands of the Lord in the same Court the aforesaid eight Acres of Meadow with the appurtenances to the use and behoof of the aforesaid M. M. his Heires and Assignes to whom the Lord by his Steward aforesaid granted then Seisin by the Rod to have and hold to him and his Heirs at the will of the Lord according to the custome of the Mannour aforesaid c. and further the aforesaid R. and W. M. and W.T. remiswed released and altogether for them and their Heirs for ever quite claimed to the aforesaid M M. his Heirs and Assigns in his full and peaceable possession and Seisin appearing in the full Court all the Right Title State Claim Interest or demands whatsoever which they ever had have or any way hereafter may have of or in the aforesaid eight Acres with the appurtenances or in any parcell thereof so that that neither the aforesaid R. and W.M. and W.T. nor their Heirs or any of them any Right Title State Claim Interest or demand of or in the aforesaid eight Acres of Meadow with the Appurtenances or in any parcell thereof c. nor ought hereafter but from all Action of the Law Title claims Uses Interest and demands from thence to be demandded are excluded and every of them is excluded for ever by these presents and further the aforesaid W.T. grants for him an his Heirs that they will warrant the aforesaid eight Acres of Meadow with the appurtenances to the aforesaid M.M. and his Heirs against all men for ever c. 4. H. 8. Tit. Recovery in value 27 in Fine and 23 H. 8. Tit. Recovery in value 27. Recovery against the Husband and wife where the wife is Tenant in Tail and they vouch over and the Demandant recovers against the Husband and wife and they over in value this seems shall bind the Tail and the Heire of the wife 23 H. 8. Title Tail 32. Double voucher in Entrie in the Post barrs the Tail because of the recompence but single voucher shall not barr but the Estate Tail which he had time of the Recovery in possession but if he were in of another Estate time of that Recovery it is no Barr. 23 H. 8. Tit. Recovery in value 27. Entrie in the Post against Tenant
for life to bind the Fee in Reversion Tenant ought to pray aid of him in remainder and they ought to vouch 25 H. 8. Tit. Recoverie in value 33. where Tenant for life vouches a stranger and the Demandant recovers and he over in value this shall not go to him in Reversion and shall not bind him 27 H. 8. Tit. Recovery in value 28. Tenant in Tailremainder over Entrie in the Post gainst Tenant in Tail and he vouches over this is a recompence and shall barr the remainder Pleas in Court Baron Count upon Lending J. S. complains against T.D. in a Plea of Debt of thirty Shillings four pence for that that is to say c. and thereof the same J.S. by W. T. his Attorney saith that when the aforesaid T.D. tenth day of February the year of the Reigne of Elizabeth now Queen of England twentieth at Islington within the Jurisdiction of this Court borrowed of the aforesaid J.S. the aforesaid thirty shillings four pence to be paid to the sald J.S. when he was required notwithstanding the aforesaid T.D. though he hath been often required the aforesaid thirty shillings and four pence hath not restored it to the said J.S. but to him to pay them as yet hath denied and yet doth denie upon which he saith that he is damnified and hath losse to the value of ten shillings and thereof bringeth his Suit Form of a Plaint in a Court Aaron upon buying of Oyland Madder c. G.B. complaineth agrinst R.C. in a Plea of Debt thirty Shillings four pence for that that is to say that when the aforesaid R.C. eleventh day of April the year of of the Lord 1540. at J. within the Jurisdiction of this Court bought of the said G. B. fourteen gallons of oyl called Meat oyl for fifteen Shillings and three pence one Hundred of Madder for fifteen shillings a penny to be paid to the said G.B. when he should be required which truly in all doth amount to the sum of the aforesaid thirty Shillings four pence notwithstanding the aforesaid R.C. although he hath been often requested the said thirty Shillings four pence to the said G.B. hath not restored but that to him as yet to restore hath denied and yet doth denie by reason whereof he is the worse and hath losse to the value of ten Shillings and therefore bringeth his suit c. and the foresaid R.G. by J.A. his Attorney comes and defends the force and injury when c. and saith that he doth not owe to the aforesaid G.B. the aforesaid thirty Shillings and four pence nor any penny thereof in Form in which the said G.B. complains against him therefore it is considered that the said R.C. should wage his Law and put in two Sureties for the Law J.M. and R.J. and should come with his Law here at the next Court in proper person and it is said to the aforesaid Attorney of the aforesaid R. T. that then he should have here the said R.C. his Master in his proper person to finish his Law aforesaid c. Plaint for accusing a man of Pelony and imprisoning him T.H. complaines against S. D. for that that is to say that when the said Complaint a true and faithfull Liege-man and Subject of our Lady the Queen now and of her Progenitors of the Kingdom of England from the time of his Birth did appear alwayes and as a true Liegeman of our said Lady the Queen and all her Progenitors aforesaid from all the time aforesaid without any Crime of Theft stealing Felony or any other notorious Crime whatsoever from the time of his Birth hitherto hath carried had and kept himself and so with all honest men was reputed and accounted by reason of which name of Honor Fame and Coversation the same Complainant much and great gain and profit to the maintenance of his Living did get and had the foresaid Defendant notwithstanding not ignorant of the Premises the eighteenth Day of July the year of the Reign of our Lady Elizabeth the sixth at J. within the Jurisdiction of this Court out of his meer malice and ill minde threatning and envying the good Report Living Degree state and condition of the said Plaintiff and to blot it and to bring the Complainant into an ill name and Danger of his Life as much as in him lay spoke certain false malicious and scandalous words of the aforesaid Complainant and did publish and openly say that T. H. meaning the said Complainant hath robbed me of forty pounds of money by reason of which scandalous and false words proclaiming and publishing the said Plaintiff not onely in his good name and same for which aforetime he was know and reputed with many honest men and cheifly with J.A. Inholder greatly hurt and wronged he did appear and did incurr and fall into great Infamy and Discredit with the said J. H. and many other of the said Queens now faithfull Subjects Likewise W. G. and W. C. the Constables of L. aforesaid by reason of an ill opinion by them conceived by reason of the said Scandall against the foresaid Complainant published then by reason of the open speaking of those words that the foresaid Complainant was guilty of the Felony aforesaid afterwards that is to say the eighteenth Day of July they took the Complainant and imprisoned him in a Prison of the said Queens called c. Scituate c. In which Prison the said Plaintiff from the said eighteenth Day of Iuly till the twentieth Day of the same Moneth of Iuly for the cause aforesaid was detained which twentieth Day of Iuly the Plaintiff from the said Prison to the Prison c. of the said Queens in c. Scituate c. was removed and then and there imprisoned and in prison from the said twentieth Day of Iuly till the eight and twenty Day of the said Moneth of Iuly for the said cause was detained so that the same Plaintiff not onely suffered and sustained great Cost and Charges by the occasion of his Restraint and Imprisonment but also lost wholly many great profits and gaines which of the said Subjects he might have gained for his maintenance and living if the said scandalous and malicious words so openly proclaimed had not occasioned it to the losse of the said Plaintiff c. three and thirty shillings and four pence and thereof brings his Suit c. Trespass Plaint for walking with his Feet J.R. complaineth against T. B. that is to say in a Plea why by force and armes the Close of the said J. R. at D. he broke and his Grasse to the value of five and thirty shillings and eight pence there late growing walking with his Feet trod down and spoiled and other Injuries offered to him to the great losse of the said J. R. and against the peace of our Lady the Queen now c. and whereof the said J. R. saith that when the aforesaid T.B. the seven and twentieth Day of Ianuary in the year of the Reign of
the said Queen now the fourth by force and armes the Close of the said J. R. at D. broke and his Grasse to the value c. there late growing walking with his Feet there trod down and consumed and other Injuries c. to the great losse c. and against the Peace c. whereof he saith he is made worse and damnified to the value c. And the said T. in his proper person came and defended the force and Injury when c. and saith that he in nothing is guilty of the Trespasse aforesaid as the aforesaid J. above complaines against him and of this puts himself upon the Countrey the aforesaid Plaintiff likewise c. Entry of the great Cape A. VVhich was the VVise of C. J. by A B. her Attorney offered her self to this Court against T. J. of a Plea of the third part of a House and twenty Acres of Land with the Appurtenances in J. which the same A. in this Court claimes as her Dowry of the Gift of the aforesaid I. C. in times past her Husband for that the Tenements aforesaid are within this Lordship and the VVomen which after the Death of their Husbands of Tenements in J. aforesaid being dowable according to the Custome of the said Mannour time out of minde used of the third part thereof ought to be endowed c. and they came not and summoned c. therefore by the Judgement the third part of the aforesaid with the Appurtenances should be taken into the Lords hands c. and day c. they should be summoned that they be here at the next Court c. Precept of the great Cape J.K. Steward to the Bailiff thereof health take into the Lords hands by the view of good and lawfull men of this Mannour the third part of one House and twenty Acres of Land with the Appurtenances in I. which A. I. this Court c. doth claim against T. I. late of I. as the Dower of the said A. of the Gift of the aforesaid C. I. in time past her Husband by a VVrit of Dower whereof she hath nothing by the default of 〈◊〉 said T. and the same taking certifie me of and summon by good Summoners the aforesaid T. that he be here at the next Court there to answer and to shew why he was not here at the last Court as he was summoned and have here the names of those by whom c. you made the Summons witnesse c Entry of a small Cape T.Q. Esquire and I. his VVife by their Attorney offered themselves the fourth day against A. B. of I. and A. his VVife of a plea of the third part of eight Messuages and eighty Virges of Land with the Appurtenances in I. which the aforesaid T. and I. in this Court claim as the Dower of the said I. of the Gift of G. S. in time past her Husband against them and they did not come and had from thence day untill this day that is to say the tenth day c. after other they appeared here in Court therefore by the Judgement the third part with the Appurtenances should be taken into the hands of the Lord and they summoned c. that they be here in the day c. to hear their Judgement c. Precipe of Summons upon a right Patent c. J.K. Steward to the Bailiff of the Mannour aforesaid health c. I. S. complaines against I. D. in a plea of Land and makes Protestation to follow the Suit in the nature of a VVrit of our Lord the Kings of a right Patent and therefore I command you that according to the Custome of this Mannour you shall summon by good Summonitors the aforesaid I. D. to be here at the next Court here to be held such a day to answer in the Plea aforesaid and have there this Precept and how c. dated c. Precept upon Assise of Mortdancester J.K. Steward to the Bailiff of the Mannour aforesaid health because I. S. complaines as above therefore I command you that yâ—â— summon by good Summons 12. free and lawfull men Tenants of the foresaid Mannour that they before me the aforesaid Steward at the next Court there to be held that is to say the Tuesday 19. day of September next coming at the hour of eight before noon of the same day ready by their Oath to know if T. S. Father of the said J.S. was seised in his Demesne as of Fee of two Houses and with the Appurtenances in D. within the Jurisdiction of this Court the Day that he died and if he died within forty years now last past and if the said J.S. be his next Heir and in the mean time let them view the said two Houses and make their names to be entered and summon by good Summoners the aforesaid J. and D. which now hold the aforesaid Houses and Lands that then they be there to hear that Return and have here the Summons and this Precept Dated c. under my Seal c. To make to have Possession J.K. Steward to the Bailiff thereof health know that A. B. in the Court held such a Day by the consideration of the said Court recovered his Seisin against B. of eight Acres of Land with the Appurtenances in J. by Default of the aforesaid B. and therefore I command you that to the said A.B. you shall give a full Seisin of the Tenements aforesaid with the Appurtenances without delay and have there this Precept and how c. Dated c. the Day c. Small Cape J.K. Steward to the Bailiff thereof health we command you that you take into the hands of the Lord by the view of good and lawfull men of this Mannour one House with the Appurtenances which A.B. in this Court claimes as his right against B. R. by Complaint of a Formedon in Remainder for Default of the said B. and make known the Day of the taking to me at the next Court and summon the said B. R. that he be before c. such a Day there to answer and to shew why he was not in this Court before c. such a Day last past as he was summoned and have there this Precept and how c. Dated c. The Returne of Writs newly corrected With divers other good Returns and many Cases of the Common Law to that added very necessary and profitable as well to young Students of the Law as to Sheriffs Coroners and others which are to make Returns of Writs for the better understanding of the Law in the said Returns Proces in the Court Hundred Court Baron c. Pleg de prosequendo J.D.R.F. THe within named H. E. is attached by Sureties N. F. R. D. J.D. Knight Sheriff The within named J. H. hath nothing in my Bailiwick by which he may be attached Note that every Pone is but a Summons By vertue of this VVrit to me directed Pone upon a Repleg I have put before the Justices of the
Queens Bench at Westminster the Complaint which is in my County by a VVrit of the said Queens between T. W. and H. B. of the Beasts of the said T. W. taken and uniustly detained as it is said as it appears in a certain Schedule to this VVrit annexed c. Som. T. P.I.D At my County Court held at N. the twelfth day of N. in the yeare of the Reigne of the Queen now c. Scedule twenty-third T.W. complains against H. B. of a Plea of taking and unjustly detaining of beasts and there are Sureties to prosecute and Return to be had if Return there be adjudged that is to say J.M.W.F. In Witnesse whereof I.K.K.B.C.D.G. and R.S. four lawfull men of them which were present at the Record were present in the full Court there and have underneath set their Seals to the said Record severally the day and year abovesaid By vertue of this Writ directed to me in my full County Court held at W. in the County of W. within such a day and year I have made the Plaint to be recorded You shall make the Plaint to be Reccorded in the County which is in the same County between the parties underwritten whereof within is made mention which truly complaint doth appear in a certain Scedule annexed to this Writ and I have that Record before the Justices within written at the day and place within contained under my Seal and the Seals of W.H.T.R. c. four of the honest and lawfull Knights of the said County of those which were present at the Record and to the parties within written I prefixed that day that they which are in that complaint should prosecute as is just as within is to me commanded Scedule At my County W. held at W. in the County aforesaid such a day and year before W. W.H.SS.T.V and A.B. four suitors of the Court aforesaid amongst other things it is so contained R.S. complains against J.M. of a Plea of taking and unjust detaining his beasts against Sureties Complaint and Pledges c. and they are Pledges to prosecute as also to have Return if Return thereof be adjudged Pledges to prosecute J. D R.F. in witnes of which thing c. By vertue of this Writ to me directed Otherwise I have made the Plaint to be recorded which was in my County between the parties within written and I have prefixed a day to the said parties to be before the Justices within written at the day and place therein contained as the said Writ in that requireth and challengeth which truly complaint appears in a certain Scedule sowed to this Writ A. B. complains against C.D. of a Plea of taking and unjustly detaining his beasts Pledges c. as before By vertue of this Writ I made the complaint to be recorded which is in my County without the Queens Writ between W.H. and A.D. of the beasts of the said W.H. taken and unjustly detained as it is said and I have that Record before the Justices within written at the day and place therein contained under my Seal and the Seals of T.W. and four lawfull Knights of my County of those which were present at the Record as it appears in a certain Scedule annexed to this Writ according to the exigent of this VVrit c. At my County held Plaint shall come to the Court. c. as above By vertue of this VVrit In Form within written I came to the Court within written and in that full Court I made the Plaint within written to be recorded and the Record as it appears in the Scedule annexed to this VVrit I have it before the Justices within written at the day and place within contained and to the parties within written I have prefixed that day that then they are there to suffer as what is just in that Complaint as in the mean time I am commanded A. B. complains of G.D. of a plea of taking Scedule and unjust detaining the beasts of the said A.B. In witnesse whereof J.K.T.S.W.H. and R.I. four lawfull men of those which were present at that Record in full Court there held at D. tenth day of J. the year of the Reigne of the Queen now twenty three and to the same Record they have severally put their Seals the day and year above written c. No Court of within written J.D. whereof below mention is made Oherwise was held after the Receit of this VVrit and before the day of the Return of the same by which Execution of this VVrit for present by me could be made By vertue of the Queens VVrit Other wise In Court Baron or Hundred to this Scedule annexed taking with me B.C.D.E.F.G.H.I. four lawfull Knights of my said County In my own person I came to such a Hundred or to such a Court and in the full Court there or in the full Hundred the complaint before the Justices within writtten at the day and place therein contained under my Seal and the Seals of four lawfull men of this Court which were present at the Record I have ready annexed to this Record according to the Tenure of this VVrit and have prefixed the same day to the parties in the same VVrit named that then they be there in that complaint to proceed as it shall be just according as the said VVrit it selfe challengeth and requires c. By vertue of the VVrit of our Lady the Queen to this Scedule annexed taken with me four discreet and lawfull Knights of the County of W. I came to the Hundred whereof in the said VVrit mention is made held at B. such a day and year and in the full Hundred there the Complaint whereof in the said Writmention is made I would Record and J.S. Bailiste there and then in full Court sitting the said VVrit being seen and heard they immediately shut their books touching the said complaint rose and hastning from that Hundred with all those books and all Suits of that Hundred then and there appearing took them away with him and abruptly departed and the said Precept of our said Lady Queen specified in the said VVrit then and there flatly denyed to execute and the books aforesaid a bruptly then and there from my sight by force and Arms with violence took and threw by by which means I could not for present make execution of the said VVrit Pledges to prosecute I.D.R.R. The residue truly of the executing of this VVrit appears in a certain Scedule to this writ annexed Come to the Court. Summons I.D.R.F. By vertue of this writ to this Scedule annexed Scedule such a day and year c. taking with me R.T.I.B.R.C. and W.B. four discreet and lawfull Knights of my Bayliwick I came to the Court of E. Duke of Buckingham of K. in the aforesaid writ nominated and in the full Court there I requested the Bailiff and Suitors of the said Court to record the complaint which was in the said Court
the same T. then and there out of the Custody of my aforesaid Bailiff and against his will departed escaped and rescued himself against the Peace of our Lady the Queen now c. and after the said T. L. is not found in my Bailiwick By vertue of this Writ Otherwise I have made my certain Warrant to W. A. the Bailiff of the Hundred of H. which answereth me so that where he by vertue of the Warrant aforesaid tenth Day of S. the year of the Reign of our Lady the Queen within written the twentieth at C. took one J. S. and her to the Castle of our Lady the Queen of W. would have lead there to be safely kept thither came certain J. T. R. S. with many others unknown with force and armes arrayed in warlike manner and out of the Custody of my said Bailiff at the said W. the aforesaid J. took and carried away and so for fear of his Death suffered the said J. S. to escape and for that cause the Body of J. S. aforesaid before our Lady the Queen at the Day and Place within contained wheresoever c. I cannot have him as within is commanded me and further I certifie you that after the said tenth Day c. J. S. was not found in my Bailiwick By vertue of this Writ Otherwise Rescous and Riot I have commanded J. S. my Bailiff of the Liberty of D in the County aforesaid which hath full Return of all Writs Precepts and Warrants to him there directed which truly J. S. such a Day and Year at P. in the County aforesaid T. S. in the Writ to this Schedule annexed nominated and by vertue of a Warrant to him directed took and arrested and the same T. S. in his Custody by the occasion aforesaid then and there had and held and so being held c. one J. G. late of S. in the County aforesaid Laborer gathering many other Malefactors unknown and Disturbers of the Peace of our Lady the Queen to the number of twenty persons arrayed in a warlike manner by force and armes that is to say Swords Daggers Skeines and Staves upon the same Bailiff of mine then and there riotously made an Assault and beat him wounded him and abused him so that he dispaired of his life and the aforesaid J. C. and others c. and the said T. S. out of the Custody of my said Bailiff then and there took and rescued and where he would at large suffered him to go and the said T. S. himself out of the Custody of my said Bailiff then and there took and rescued and where he would at large suffered him to go and the said T. S. himself out of the Custody of the said Bailiff then and there likewise rescued against the Peace of our Lady the Queen c. and after the said T. is not to be found in my Bailiwick I J. H. Knight Sherif Otherwise by vertue of this VVrit have made a certain VVarrant to J. B. and P. D. my Bailifs for travelling this Torn to arrest and take R. F. to make satisfaction to the within named W. P. of Debt and Damages within specified as within I am commanded by vertue of which VVarrant the said J. B. and P. D. Bailiffs such a Day and Year at H. in the County aforesaid arrested the foresaid R. F. as by that VVarrant they were commanded and the said R. F. and one G. F. of G. in the County aforesaid with others unknown by force and armes that is with Swords Staves c. upon the said J. B. and P. D. the same Day and Year at H. in the County aforesaid made an Assault and them abused and then and there made a Rescous by reason of which Rescous the same R. F. from that Custody then and there contrary to the Arrest aforesaid himself rescued departed and escaped therefore the said R. F. at the Day and Place within contained I could not have and further I certifie you that after that Day the aforesaid R. F. was not found in my Bailiwick By vertue of this VVrit Otherwise I made and directed a certain warrant of mine to one T.C. my Bailiffe to attach the within named J.C. by force whereof the said T.C. the ninth day of J. the year of the Reigne of our Lady the Queen within written the twentieth at B. in the County within written took and arrested the aforesaid J.C. being willing to bring him before me and so intending to make and receive as in the VVrit I was commanded and afterward that is to say the said ninth Day of J. the twentieth year aforesaid The aforesaid J. C. late of B. aforesaid in the County of H. at B. aforesaid in the County aforesaid upon T.C. my Bailiffe made an Assault and from the same Bailiffe then and there flew escaped and rescued himself and after the same J. in my Bailiwick I could not find By vertue of this Writ Return to be had I certifie the Justices within written that I have made Return to the within named J.S. all those beasts of the within named W.S. which to the said J.S. were adjudged for default of the said W. to be safe and carefully kept so that they to the aforesaid W. at the complaint of the said W. by no means should be delivered without a Writ of our Lady the Queens which of the said Judgement maketh expresse mention accordding to the form of this Writ Pledges to prosecute and to have a Return thereof if Return thereof be adjudged E.D.R.F. By wertue c. I have made a Replevin to R. of the beasts within named Repleg as in that Writ I am commanded and further I certifie the within named our Lady Queen that no other Writ of replevying the within written beasts ever besides this VVrit was delivered to me c. Before the coming of this VVrit the beasts and chattells Repleg where the beasts are carried far off Otherwise of the within written K. which W.C. took and uniustly detained as it is said were driven farre oft by the said W.C. therefore I cannot replevie the aforesaid K. his beasts and Chattells c. No VVrit of replevin of the beasts within written besides this was ever delivered to my hands and further I certifie our Lady the Queen that before the coming of this VVrit the aforesaid beasts were driven farre off and conveyed to places unknown to me by the said J.T. that I can by no means replevie them for the said W. as within I am commanded Before the coming of the beasts within written were driven far off Otherwise by the within named T.C. to places to me unknown so that sight of them to make return to the within named A.H. and T.C. I could not have as within I am commanded By vertue c. such a Day Otherwise and year I have made Replevie to R.B. within named his beasts within mentioned which the within named T.M. and R.S. took
Queen that the said W. in my said Bailiwick could not be found at my County Court held c. I made to be proclaimed that the said W. be before our Lady the Queen at the Tearm within wrirten wheresoever then it shall be to answer to the said Lady Queen and further to do as this writ commandeth and requireth c. also at my County Court held c. I caused to be proclaimed that the said W. be before our Lady the Queen at the Tearm aforesaid wheresoever c. to answer to the said Lady the Queen in form aforesaid as within I am commanded Venire facias The within nominated J. B. hath nothing in my bailiwick by which he may be attached By vertue of this writ to me directed I caused to come before our Lady the Queen at Westminster at the day within contained I.B. as within I am commanded Out of the Exchequer I. F. within named hath nothing in my bailiwick by which I can make him come neither is he to be found in the same Note that in the Venire facias no Issues shall be returned but in Habeas corpora and distrings Issues The Issues of every one of them five shillings and that is by the Statute of 35. of M. 8. chap. 6 And also in every writ where the clause if A. shall secure you of prosecuting his claim it shall be expressed the Sheriffe may delay the Plaint by this Return to say The within named I.B. hath not found me Pledges to prosecute this Writ therefore to the executing of the same nothing by me is done The Execution of this Writ doth appear in a certain Pannell fastened to this VVrit and sometimes in the Pannell thus Venire facias or Distringas Jurat The Iurors between R.T. the Plaintiffe and VV.F. Defendant in a Plea of Trespasse and then write the names of the Iury twenty four A B. C. c. and under write this Every one of the Iurors aforesaid by himself severally is attached by Pledges I.D.R.R. but in Distresse The Issues of every one of them five Shillings And note that in the first Venire facias of the Iurors it is not very materiall to put in Manucaptors for that you will make by this mainprise the Iurors to loose Issues in the Kings Court which is not required at the first time The execution of this VVrit doth appear in a certain Pannell fastened to this writ Habeas corpora in Debt The Iurors between A.B. the Plaintiffe and C.D. the Defendant of a Plea of Debt A. B. c. Every one of the Iurors aforesaid by himself severally is secured by T. D.R R. And in this writ you need not return Issues nor in decem or octo tales nor you ought to return Manucaptors which note notwithstanding it is used in divers parts of England though void Also the Sherif may return Tarde upon a distringas and upon the Decem tales as it appears in these following and then the Iurors shall not lose Issues which note For the distraining of John M. and other Iurors within named Tarde to be before the Iustices c. the day and place within written I signifie to you that this writ was so late delivered unto me that for the shortnesse of the time I could not execute it for the present but of new I have put to that Decem tales or Octo tales as it apppears in these following as in this writ I am commanded c. A. B. C. D. E. F c. But as to ten as well Knighs as other honest and lawfull men of the view within contained to be put among the Iurors within contained the execution of this writ doth appear in a certain Scedule fastened to this writ Pledges to prosecute J.D.R.R. Habeas corpora in Attaint Summoners within named R.F.J.D.R.F. Manucaptors of the Summoners aforesaid and of every of them N P. I.C.I.D.R.R. The residue of the Execution of this Writ doth appear in a certain Pannell to this Writ annexed The names of twenty four Knights Pannell between R.S. Plaintiffe and R.F. Defendant A B.C.D.E.F. to the number of twenty four Summonitors of the aforesaid Iury and of either of them I.D.E.C. Manucaptors of the Summonitors aforesaid and of either of them I.P.R.C.F.D.E.G. The names of the Iurie of the first Inquisition whereof in the writ to this Sceduled annexed makes mention of I.D.B.C. to the number of twelve Names Summoners of the Jnry of the first inquisition and of each of them I. D.R.R. Manucaptors of the Summoners aforesaid Otherwise upon a Writ Seignill in the Chancery and of every of them I.L.H.P.R.S.T.V. Pledges to prosecute I.E.R.R. The within named W.B. is summoned by A.H.R.P. Manucaptors of the Summoners aforesaid and of each of them I.H.R.D. The residue of the execution of this writ doth appear in certain Pannells fastened to this writ The names of twenty four Knights between R.F. Plaintiffe and T.S. Defendant Pannell A.B. c. to the number of forry eight Every one of the Knights aforesaid severally by himself is summoned by I D.R.R. Of which every one severally by himself is manucapted by I.B.C.D.E.F.G.H. The names of of the Jurors of the first inquisition A.B. C.D. to the number of twelve Every one of the Jury aforesaid of the first inquisition severally by himself is attached and manucapted by Plaintiffe I.D.R.F. The names of the Iurors of standers by of new put in Return of the Pannel of standers by Otherwise between I.S. Plaintiffe and W. D. Defendant according to the Form of the statute in this Case published and provided A.B.C.D. c. The names of the Iurors of standers by of new impannelled and returned by the command of the Justices at the request of the Plaintiffe for defect of the Jurors above nominated not appearing according to the Form of the Statute late for that provided A.B. c. The Manucaptors bolow named J.F.J.D.R.R. Issues three Shillings four pence Distresse where the Tenant hath no Lands Against many J.F. within named hath nothing in my Bailiwick by which nor where he may be distrained T.D. 40 d. A.R. 40 d. c. are distrained and each of them is distrained by Land and his Chattells according to the Form of this writ whereof the Issues as appear above upon their heads and they are manucapted and each of them iâ— manucapted by himself that is by I.D.I.S. and P.H. that they be and each of them be at the day and place within written according to the Tenor of this VVrit c. A. 40 d which was the VVife of B. within written Against executors executrix of the will of the foresaid B. 40 d. R. R. 40 d. another Executor of the will aforefaid T.S. 40 d. the third Executor of the will of the foresaid B. are distrained and each of them by himself is distrained according to the form of this VVrit from whence the Issues as it
appears upon their heads and each of them is manucapted by himself that is by four Manucaptors by name A.B. c. And there are no more Executors of the will of the said B. nor heires of him or of Lands or Tenements which were his in the County of W. as by any means for the present can appeare unto me Pledges to prosecute J.D.R.R. A.B. within named hath nothing in my bailiwick but the Issue first by me forfeited Favor of the Sheref upon the 2. or 3. Distring Against a Clark by which nor where he may be distrained as to me by any means can appeare for this present W.D. Arch Deacon of R. hath nothing in my bailiwick of lay fee by which nor where he can be Distrained Warned or Attached by any means at present as to me can appeare That I should distrain the within written A.B. to be before the Justices within named Upon a Tarde at the Day and place therein contained This writ so late was delivered unto me that for the shortnesse of the time I could make no Execution thereof To the Distraining of R.L. and all other the Jurors within written to be before the Iustices within named at the day and place therein contained Other-Wise upon a Jur. This writ came unto me so late that for the shortnesse of the time could make no execution thereof but to ad Decem tales the execution thereof doth appeare in a certain Pannell fastned to this writ Otherwise for Homage The Manucaptors within named J.S.W.P.I.D. His Issue half a Mark. The summoners of the within named R. and E. his wife W.F.R.P. And so of all other actions reall if the Defendants be sufficient The Execution of this writ doth appeare in a certain inquisition to this writ annexed By vertue of a writ of our Lady the queen to me directed Partition and to this partition indented annexed I J.D. Knight Sheriff of the County aforesaid twentieth day of A. year 20. c. taking with me J.S. c. twelve free and lawful men of my County and of the view within written in the presence of H.F. in the writ aforesaid nominated in my proper person I came to the Tenements in the said writ nominated and there by their Oath respect being had to the true value of the said Tenements with the appurtenances the said Tenements in partition into three parts equally to be parted and one part of the said three parts that is twelve foot in length and eight foot in bredth of the House in the foresaid writ specified extending to the Land of F.G. called G. towards the west and thirty four foot in bredth and twelve rods in length and one Garden in the aforesaid writ specified lying to the said house abutting towards the west to the Land of the aforesaid F.G. called B. and the Glebe Land of the Rectory of S. and also c. And I the aforesaid Sheriff twentieth day of A. the year c. have made them to be assigned and delivered to H.F. nominated in the said writ to hold to him severally according to the form and effect of the writ aforesaid And as the said writ in that commandeth and requireth Which truly whole third part of the aforesaid Tenements in the aforesaid Writ specified Otherwise to the aforesaid H. in form aforesaid is delivered and assigned and for the other two parts remaining of the aforesaid Tenements in the aforesaid Writ specified J.F. likewise in the same Writ nominated to the partition aforesaid to be assigned and Delivered to the Justices of our Lady the Queen in the Writ aforesaid specified I certifie that none of the part of the said J. came to receive of me the aforesaid Sheriff those two parts so that those two parts I could not deliver an Assigne as the writ aforesayd in that doth command and require In witnesse whereof as well the Seale of me the aforesayd Sherif as the Seales of the other twelve Jurors to this partition Indented are put Dated the yeare and Day abovesayd Pledges to prosecute I. D. R. R. The within I. S. and R. B. are attached and each of them is attached by Pledges I. D. R. R. The residue of the execution of this VVrit doth appear in a Pannell fastned to this writ Assise of Novel disseisin Assise of novell disseisin between such a one Plaintif or Demandant and such a one Defendant or tenent in the Plea c. A. B. C. D. c. to the number of twenty four Pannell The names of the Recognitors I. P. and T. W. Summonitors J. D. T. B. Manucaptors summoners aforesayd and every of them J. S. J. D. Pledges to prosecute Otherwise G. C. R. R. R. H. within named is attached by one _____ of Latin price eight pence by Pl. W.D. and T. D. The residue of the execution of this writ doth appeare in a certaine Pannell annexed to this writ A Recognition of an Assise of Novell disseisin Pannell between J. D. Plaintif and R. T. Deforceant of his Free-hold in B. J.D. c. to the number of twenty foure Summoners of the Jurors aforesaid and of every one of them J.S.J.D. Manucaptors summoners aforesaid and of every one of them J.B.T.C.A.B. and W.H. The execution of this writ appeareth in a certain Pannell to this writ annexed Otherwise The names of the Recognitors in an Assise of novell Disseisin between A.B. Plaintiff and J.M. Defendant A. B. c. to the number of twenty four Every one of the Recognitors aforesaid by himself is severally attached by pledges J.D.RR. The Issues of every one of them five shillings The names of the Recognitors of new added according to the form of the Statute A. B. c. to the number of ten Every one of the Recognitors aforesaid of new added is attached severall by Plaintiff J.D.R.F. By vertue of this Writ Great Cape tenth day of M. the year aforesaid by the view of R.H. and T.H. good and lawfull men of my County I have taken into the hands of our Lady the Queen the Lands within written as within I am commanded summoners J.D. R. F And if the Writ be sent to the Sheriff and the place where he ought to execute it be within Franchises which hath full return of all VVri tsthen so The Execution of this VVrit c. as before I J.S. Sheriff of E. have commanded J.W. Bailiff of the Liberty of B. in the County aforesaid which hath full return of all VVrits and execution of them within the Liberty aforesaid in the County aforesaid and to whom the executing of this writ doth wholy belong to be don for that that the said execution thereof otherwhere in my Bailiwick cannot be done out of that Liberty which answers me so c. By vertue Otherwise c. I have taken into the hands of our Lady the Queen by view c. as before of the Lands and Tenements of J.M. within
written A. W. to the value of four pounds of the within written eight pounds which Goods and Chattels remain with me unsold for lack of Buyers and that the aforesaid A. W. no other nor more Goods and Chattels nor any Lands or Tenements hath in my Bailiwick whereby the residue of the aforesaid eight pounds so that I can lay no Execution for the residue of the eight pounds or take any other parcell for present in Execution neither is he found in the same By vertue Otherwise c. I certifie the Barons within written that the tenth Day of A. c. I took of the Goods and Chattels Lands and Tenements of the within named W. to the value c. and of the Goods and Chattels Lands and Tenements of J. D. c. to the value c. and those I have set to sale to which I have not yet found Buyers and therefore the Money c. As yet the Goods and Chattels Otherwise which late of the Goods and Chattels of the Farmer occupying and holding the Mannour of W. to the value c. I took into the hands of our Lady the queen for defect of Buyers remain unsold but from Day to Day I expose them to sale and of the Money arising thereof as soon as I can I will answer you The Goods and Chattels Otherwise of which within in that VVrit there is mention to sell and ten shillings thereof coming to the Exchequer of our Lady the Queen at Westminster at the Day in the VVrit limitted I have made ready according to the tenor of this VVrit By vertue Otherwise c. I have sold the Goods and Chattels within written by me first taken and also I have laid Execution of the Goods and Chattels of R. S. within named for the residue of the Debt therein contained so that I have all those Moneys ready before our Lady the Queen at the Day and Place within contained to pay to the within named H. VV. as within I am commanded To levy the Money by Fieri facias within written Supersedeas by vertue of a certain VVrit of the Queens of Supersedeas to me directed I do altogether desist which truly VVrit of Supersedeas I send you annexed to this VVrit and further I certifie that the said J. C. hath not any other or more Goods or Chattels Lands or Tenements in the same my Bailiwick from whence any Money can be levied for present c. Restitution upon Fieri facias Nihil J. G. and others within named have nothing nor any of them have any thing in my Bailiwick whereby Restitution of the Goods and Chattels within written for the foresaid VV. M. to have I can make nor the four and twenty pounds within written to the said M. could I make to be levied as within c. T. F. within written Levari facias otherwise hath no Goods or Chattels in my Bailiwick of which the Money within written nor any parcell thereof I can levy as within I am commanded c. By vertue Otherwise c. I have taken into the hands of our Lady the Queen a certain Inn with three Shops in such a place of the said J. T. within written which are worth by the year over reprises ten pounds and that the said Inn and Shops aforesaid I safely keep till I have other from you in command The Execution of this VVrit appeareth in a certain Inquisition c. An Inquiry indented Inquiry of Damages taken at VV. in the County of VV. such a Day and Year before R. VV. Esq Sheriff of the said County by vertue of a certain VVrit of our Lady the queens to the same Sheriff directed and to this VVrit annexed and this Inquiry was finished by the Oath of R. S. c. to the number of twelve Jurors which say upon their Oath that A. P. in the VVrit to this Inquisition annexed nominated sustained losse by the occasion of the Trespasse by J. H. in the foresaid VVrit nominated as in the same writ mention is made to forty shillings and for Expences and Charges of the said A. P. spent by him upon the Suit in this part to forty shillings in which thing c. By vertue of this VVrit J. VV. S. Esq Sheriff of the County within written â—â—egit such a Day and Year did deliver to J. B. the half of the Mannours in this Inquisition to this writ annexed specified with the Appurtenances by an Extent made in the said Inquisition to hold to him and his Assignes as his Free-hold untill the said J. B. hath levied his Debt and Damages within written as within I am commanded By vertue of this writ Otherwise such a Day and Year I have caused to be delivered to the within named A. B. the half of the Mannour of S. with the Appurtenances extended to the yearly value of forty pounds sterling in all issues ultra reprises by twelve Jurors in the Inquisition annexed to the writ nominated of which truly Mannour with the Appurtenances B. G. and E. his wife were thereof seised as in right of E. his wife in Fee as of Free-hold Day of the taking this Inquisition aforesaid as in the said is found to have and to hold the same half of the Mannour aforesaid with the Appurtenances so extended to the aforesaid A. B. and his Assignes as his Free-hold till the within named forty pounds from thence he shall levy according to the form of this writ The Residue truly of Executions of this writ do appear in a certain Inquisition to this writ annexed c. Of a Liberate after an Extent made upon an Obligation of a Statute Staple By vertue Deliberation c. I have delivered to the within named B.S. the Mannours Lands and Tenements within written to have to him and his Assignes as their Free-hold untill to him of the Debt within written together with his Damages Charges and Expences be fully satisfied c. By vertue Extent c. I certifie our Lady the queen in her Chancery at the Day and Place therein contained wheresoever they be that such a Day and Year I delivered the Seisin and Possession of and in the Mannours Lands and Tenements within specified to the within named W. C. according to the exigent of this writ and the within named H. M. is not found in my Bailiwick J. M. within named is not found in my Bailiwick Otherwise therefore I cannot take him at present but as to the extending and valuing all the Lands and Tenements of the said J. M. according to the forme of this Writ the Execution thereof doth appear in a certain Inquisition to this writ annexed which truly Lands and Chattels in the said Inquisition contained I have caused to be seised into the hands of our Lady the Queen A. B. within named is not found in my Bailiwick Otherwise within Liberties and therefore by vertue of this
in the Bailiwick to A.B.C.D.E.F. and H.P. which undertook and each of them undertook by himself for the aforesaid A. B. upon the pain of ten pounds that he should do no dammage or ill to H. P. in the said Writ of Supplicavit specified within the space of such a day next coming nor by any Means should procure it which 10. l. the Manucaptors aforesaid granted and each of them for himself granted of their Lands and Tenements and of each of them to the use of our said Lady the Queen should be levyed if any dammage or ill came to the said A.B. or by his procurement in the mean time any should come by any means c. and this is the Surety of the Peace which the aforesaid A.B. before me hath found Under which truly Bail Or so the aforesaid C. was suffered to go at large out of the Prison aforesaid and afterwards returned not to my custody therefore the body of the said C. before our Lady the Queen at the day and place within contained I cannot have I. c. certifie our Lady the Queen in her Chancery Or so that R.P. within named hath found to me no security of the Peace of which within there is mention but remains in prison of our Lady the Queens under my custody at present For certain Or so truly complains of the threats the aforesaid J. B. before the coming of this Writ was delivered in Bail to A.B.C.D.E.F. and G.H. which undertook and each of them did undertake upon the pain of twenty pounds for the aforesaid J. B that he should do no dammage or any ill to the aforesaid H.P. and T. D. or either of them untill the Day after the Feast of Saints next coming nor should procure to be done which truly twenty pounds the aforesaid Manucaptors granted and each of them to be levied to the use of our Lady the Queen if any Dammage or ill to the said R. P. and T. D. or either of them by the aforesaid J.B. or by his procurement to any of them should come in the mean time under which baile truly c. at large c. Before the coming of this VVrit Ne exeat Regnum and before any execution thereof A.B. C. D.E.F. c Came before J.D. Sherif of W. and undertook before me the aforesaid Sheriff for L. M. that is to say Every one of the Manucaptors aforesaid under the pain of ten pounds that the said L. before the day after All Soules next coming should not convey himself to any parts beyond Seas to prosecute or attempt any thing there to the prejudice of the said Lady the Queen or any of the People of the said Queen or the losse of our State of England should prevaile nor from hence to send any body for that cause which truly summ of ten pounds the said Manucaptors granted and each of them for himself granted of their Lands and Chattells to the use of the said Lady Queen to be levied if the said L. any thing against the form of this Mauncaption aforesaid shall do or cause to be done or by any means attempt And here is the Tenor of the security whereof within there is mention made which to the said Lady Queen into her Chancery c. at the day and place c. I send By vertue of this VVrit to me directed Proclamation out of the Chancery I have made a publick Proclamation within my bailiwick that the within named H.B. upon the pain of his allegiance before our Lady the Queen in her Chancery aforesaid at the day within written shall appear as within I am commanded and likewise I certifie the said Lady Queen that the within named H.B. is not to be found in my Bailiwick By vertue of this VVrit Premunire such a day and year by J.S.T. W.R.T. and E.F. good and lawfull men of my bailiwick Premunire feci W.R. Clarke within nominated that he should be before our Lady the Queen at the day within contained whersoever c. to do and to receive as that Writ in it commandeth and requireth and J. B. and the rest of the Defendants within named have nothing within my bailiwick by which I can Premunire facere for present neither are they to be found in the same I certifie our Lady the Queen that the within named I. H. before the coming of this Writ to me directed was dead Of choosing a Verdecer in the Forrest And that I after the receit of this Writ to me directed in my full County Court held at Wilton in my County the 29th day of May the year within written by assent of the said County in the place aforesaid I made to be elected one N.S. Esq a Verdecer of the Forrest of B. within written to do as the said Writ in that commandeth and requireth At my County Court held such a day and year Election of a Coroner in the full County aforesaid by vertue of this Writ and by the consent of the said County in the place of P.H. within named which died I chose a Coroner that is to say I.W. who as the manner is took his corporall Oath that he should do those things and observe what to the Office of a Coroner in the County aforesaid appertained to be done as within c. By vertue of this VVrit I summon Arch-Bishops Justices of Forrest Summon Bishops Abbots Earls Barons and all other free Tenants which have Lands and Tenements within the bounds of the Forrest of the said our Lady the Queen within written in my County and four men and the cheif of every town within the bounds of this Forrest and also twelve good and lawfull men of every town within the bounds of the said Forrest dwelling which ought to come and were wont that they be before our Instices within written at the day and place within contained as within I am commanded Publickly also I have made to be proclaimed through all my Bailiwick as well in Burroughs as in other Townes and in Faires Markets and other publick places that all those which by Charters of our Lady the Queen now or of her Predecessors or her Progenitors or any way any liberties or Franchises claim to hold and by what warrant that they be before our said Justices at the day and place aforesaid I also made to be proclaimed that all attached for Vert or Venison or hunting in the Forrest aforesaid after the last Plea of the Forrest aforesaid held and their Pledges and Manucaptors aforesaid to be and before the aforesaid Justices to stand to their right and to do those things which according to the Law of the Forrest they ought to do The residue of the Execution of this Writ doth appear in certain Pannells to this Writ annexed By vertue Capias ut legatum c. I have taken the body of H.S. within named whose body before the Iustices within written I have ready at the day
written I took into the hands of our Lady the Queen one House or Tenement with the Appurtenances in B. in the County of W. within written of the yearly value of ten pounds as the Lands and Tenements of the within named A.B. And also six cowes one Bull and one Gelding price in all eight pounds of the Goods and Chattells of the said A.B. in name of Distresse as I am commanded All which truly goods and chattells with me remaine unsold for defect of Buyers and the said A.B. no other or more goods and chattells Lands or Tenements hath within my bailiwick which into the hands of our Lady the Queen for present by any means I can take or seise I certifie the Barons aforesaid Otherwise that by vertue of this VVrit to me directed the eighth day of J. c. within written I have taken into the hands of our Lady the Queen the Mannor of S. with the Appurtenances within written as c. The residue of the execution of this VVrit doth appeare in a certain scedule to this VVrit annexed Scedule An Inquisition indented taken at S. in the County aforesaid the eighth day of January the year c. Before me J.H. Knight Sheriffe of the County aforesaid by Writ of a Right close of the said Lady Queens to me directed which is annexed to this Inquisition by the Oath of J.D.R.R. c. good and lawful men of the County aforesaid which do say upon their Oath that the Mannor of S. with the appurtenances is of the yearly value of five pounds besides all charges and reprisalls in witnesse whereof c. The Mannor of S. within named lieth in the County of G. and not in the County of W. Therefore I cannot distrain the Tenants there as within I am commanded By vertue of this VVrit to me directed I. certifie the Barons within written that the twentieth day of March Take into the hands the 8th year of our Lady the Q. within written I took into the the hands of the said Lady Queen the Mannor within written with the Appurtenances as within I am commanded If it be with inquirie for the yearly value The residue of the execution of this VVrit appears in a certain inquisition taken to this writ annexed The within named VV.B. and M. his Wife Who is Tenant are Tenants of the third part of the Mannor aforesaid in three parts divided and C.A.M.E. and J. B. the Daughters of C.D. dead are the Tenants of the second part of the Mannor within written in three parts divided and the other third part of the Mannor within written remains in the hand of our Lady the queen by reason of the nonage of T. B. Son and Heir of the aforesaid C.D. The Manucaptors of the forenamed W. B. and M. his Wife J.D.R.R. The within named A.B. hath nothing in my Bailiwick Venire facias Crown office or Exchequer by which he may be attached or where I may take him The within named A. B. is attached by Pledges that is J.D.R.R. If he be an Earl or a Countesse The Issue of them half a Mark. And further if these words are repeated in the VVrit and also to shew twenty shillings The within named R. A. hath nothing in the Land Distr of the Tenement and Hereditament within written by which I can distrain him No such Mannor Otherwise nor any Lands or Tenements known by the name of E. lying in the County of VV. whereof I can distrain the Tenants as within I am commanded The within named J.K. and R.K. have nothing nor either of them hath any thing within my Bailiwick and further I certifie the Barons within written that none are Executors or Administrators of the goods and chattells which were the within nameds M. K. whereby them or any of them I can distrain The Manucaptors of I S. Gent. Tenant of the Lands and Tenements within specified which were the within named M. K.I.D.RR The Issues thirteen shillings four pence By vertue c. I have taken Execution of the Goods and Chattels of J.H. within named a certain Demise and Grant to the said J. H. by one to T. G. of one part and the aforesaid J. H. of the other part for terme of one and thirty years to begin from the first day of Ianuary the year of the Reign of our Lady Elizabeth within written as by that Indenture bearing date the same day and year fully appears of and in a House or Farme with the Appurtenances scituate and lying and being in L. in the Parish of f. within my Bailiwick called or known by the name of B. together with all and singular Lands Meadows Feedings Pastures Woods Under-woods VVaters and Pastures with all their Appurtenances scituate lying and being within the Town Parish and Feilds of F. aforesaid and likewise in my Bailiwick and the aforesaid Lease and all the whole Right state Title terme of years Possession and Demand which the aforesaid J. H. now hath of and in the foresaid Premises by vertue or force of the said Demise and Grant or otherwise I have set to sale and sold to one R.G. Gentleman for the summ of threescore and sixteen pounds thirteen shillings and four pence and also I have taken in Execution other Goods and Chattels of the aforesaid J. H to the value of threescore and five pounds six shillings eight pence which truly summs of Money so in forme aforesaid by me levied in the whole do amount unto 132. pounds and twelve pence and the same summs before our Lady the Queen at the day and place aforesaid I have ready and to be given to the within written E.P. and J. his VVife in part of satissaction of the Damages within written as by that VVrit I am within commanded And that I. H. hath no other Goods or Chattels in my Bailiwick that the residue of the aforesaid one hundred threescore and five pounds six shillings two pence can be had or levied according to the command of this VVrit By vertue I have taken into the Qu. hand c. tenth Day of S. the year of the Reign of our Lady the Queen within written twentieth I J.S. Knight Sherif of W. within written have taken resumed and seised into the hands of our Lady the Queen all those Tenements Shops Gardens and all the other the Appurtenances by vertue of the Writ aforesaid to be resumed which do appear in the Inquisition to this Writ annexed By vertue of this Writ to me directed Of setting to sale from day to day I have set to sale those Goods and Chattels to the value of a hundred shillings residue of the eight pounds which were of the Goods and Chattels Lands and Tenements T. F. within named and there I sold to the value of forty shillings which truly forty shillings I have ready at the day and place within contained as within I am commanded then there to be paid and the residue of the
Goods and Chattels aforesaid then with me remaining unsold for want of Buyers but I will set them to sale from day to day and when they happen to be sold the money thereof coming before the Barons within written I will bring according to the form and effect of this Writ Those Goods to the value of twenty Marks within written Otherwise which by vertue of the Writ of our Lady the Queen lately now to me directed I have taken of the Goods and Chattels Lands and Tenements which were lately T. F. within named and have set them to sale and sold them and the Money thereof I have ready to bring to the Barons within named at the day and place therein contained as therein I am commanded A. B. and C. D. within nominated Are dead were dead long before the sending out this Writ neither have they any Goods or Chattels Lands or Tenements within my Bailiwick which I can extend and value as by this Writ I am commanded The within named A. B. and C. D. are dead For the shortnesse of time Scire feci and to the rest of the Execution nothing is done by me for the shortnesse of the time By vertue c. Scire feci J.C. within named that he be before the Barons within written at the day and place within contained by J. C. and R. S. good and lawfull men of my Bailiwick as within I am commanded There are no Executors of E. within written Against Executors nor Administrators of the Goods and Chattels which were his nor Heirs nor Tenants of Lands and Tenements which were his in my Bailiwick to whom by any means I can give the Scire facias I.D. and the rest of the Defendants within named Otherwise have nothing in my Bailiwick by which I can them Scire facere By vertue Non omittas c. I have taken of the Lands and Tenements of W.R. to the value of forty shillings which I have ready for the Barons within written at the day and place therein contained as within I am commanded and further I certifie the Barons vvithin vvritten that the aforesaid VV. hath no other or more Lands nor Tenements Goods nor Chattels in my Bailiwick whereof the residue of the Debt within written I can levy by Execution as the said VVrit in it commandeth and requireth Here follow certain Cases of the Common Law upon the Returnes aforesaid and others BEcause Justices to whose Duty it belongeth West 2. cap. 35. to administer Justice to every one before them complaining are oftentimes hindered so that they cannot in due manner execute their Office by this that Sheriffs do not return their Original and judicial Writs and likewise return false Answers The Lord the King provideth False Return that those which fear the malice of the Sheriff should deliver their Writs in the full County Court or in the other County Court where there is a gathering of the Kings Money and let there be a Billet taken of the Sheriff present or of the under-Sheriff in which Billet there shall be contained the names of the Plaintiff and Defendant and adjoyned to the Billet sealed by the Sheriff or under-Sheriff in witnesse thereof and let there be mention of the Delivery of this Writ And it gives remedy Tarde if the Sheriff will not seal the Billet by this Statute remedy is given if the Sheriff return Tarde Mandavi Balivo where he hath sufficient time to serve the Writ and where he returnes I have commanded the Bailiff of the Liberty where it is no Liberty and this Statute gives you shall not omit for any Liberty and gives Averment against the Returne of the Sheriff Averment if he return to little Issues and gives that he should deliver Corn in the Grange and all Moveables besides Equituram Indumenta utensilia domus contained under the name of Issues and the Statute gives Posse Comitatus See the Statute of 1 Ed. 3. chap. 6. The Sheriff by the common Law is the Preserver of the Peace Authority of the Sheriff and hath the Custody of the County for the time that he is Sheriff and may cause the party to finde Surety if any require that and every Obligation which he takes to keep the Peace shall be taken a Recognizance in Law and specially when this is certified by Certioâ—are in the Chancery But Pleas before him in the County or Hundred are not of Record for these are by reason of course and this taking for Peace is by reason of his Office Fitzh 81. D. If the Sheriff return upon a Distringas Juratores Appearance no manner of Issues and a full Jury appears and pleads this is no Error for the King hath no losse and the Issues are for the King which he shall not have if the full Jury appear 5 H. 7. f. 8. Also if the Sheriff return Scire feci upon Fine or Judgement and no mention is made of the Summoners and Viewers and the party appear and pleads it is no Error and if upon the Grand Cape there be not returned the Summoners and Viewers yet if the party appear and pleads it is no Error 3 H. 7. f. 14. this Return was amended and the Plaintiff recovers See 8 H. 5. f. 2. B. Scire facias is returned Scire feci by J.S. and J.D. and though the Return be not by good and lawfull men as it ought if the party appear it is a good Return and may be amended 33 H. 6. f. 35. 44 Ed. 3. f. 16. 8 H. 6. f. 27. If the Sheriff attach a Cow Attachment the property is not out of the party till the Day of Return that he make Default and if at the Day of the Return he make Default the Sheriff may take that as forfeited to the King though he have left that before with the party 9 H. 7. B. Table Dormant and such things which are fixed to the Free-hold cannot be attached 21 H. 7. f. 26. Annuity the Sheriff returns I have nothing in my Bailiwick by which he can be attached where it should be by which he can be summoned and though it were in the time of another Sheriff Amendment it was amended for the Cout may amend a mistake of the Clerks and also of the Return of the Sheriff 33 H. 6. f. 47. Upon a Distringas Juratores the Sheriff in his Return leaves out four Names which were in the Venire facias and the Sheriff was examined and saith that they were distrained and for that the Returne was amended 37 H. 6. f. 12. 22 H. 6. f. 45. Appeal upon Distringas Juratores where there were Knights and Esquires which were in the Writ there was returned but eight pence upon every Juror and the Sheriff had been amerced unlesse he be there present and amend that and sets upon every Juror two shillings 2 R. 3. fol. 13. Attaint at the Distringas Juratores the
found in your Bayliwick and him safely keep so that you may have his body before Us in the Upper Bench at Westminster the Wednesday next after the three weeks of Easter to answer the said C.D. in the Plea aforesaid And then you have here this writ Witnes H. Roll at Westminster the 17th day of April in the yeer of our Lord 1651. Wightwicke Alias Capias THe Keepers of the Liberty of England by Authority of Parliament to the Sheriffe of E. Greeting We command you as formerly We have you commanded that you take A. B. if he shall be found in your Bayliwick and him safely keep so that you have his body before Us in the Upper Bench at Westminster on Saturday next after the morrow of the Ascension of our Lord to answer C.D. in a Plea of Trespas And then you have there this Writ Witnes H. Roll at Westminster the 17th day of April in the yeer of our Lord 1651. Wightwicke Plures Capias THe Keepers of the Liberty of England by the Authority of Parliament to the Sheriffe of E. Greeting We command you as many times we have commanded that you take A. B. c. as above in the Writ next before Bill Middl. Middl ss It is commanded to the Sheriffe that he take A. B. if c. and him safely c. so that he have his body before the Keepers of the Liberty of England by the Authority of Parliament in the Upper Bench at Westminster on Wednesday next after the month of Easter to answer C. D. in a Plea of Trespas And then he have here this precept c. By Bill Wightwicke Alias Bill MIddl ss It is commanded the Sheriffe as it was formerly commanded that he take A. B. c. as above in the Bill of Middlesex Attachment of priviledge THe Keepers of the Liberty of England by the Authority of Parliament to the Sheriffe of H. Greeting We command you that you attach A. B. if he shall be found in your Bayliwick and him safely to keep so that you have his body before Us in the Upper Bench at Westm on Wednesday c. reciting the return to answer C. D. Gent. one of the Clerks of Samuel Wightwicke Esq cheif Clerk assigned to inroll Pleas in the Upper Bench at Westm c. in a Plea of Trespas And then you have there this Writ Witnes H. Roll at Westm c. Habeas Corpus ad â—ac rec ' THe Keepers of the Liberty c. Greeting We command you that you have the body of A. B. in our Prison under your custodie as it is said detained under safe and secure conduct together with the day and cause of his caption and detaining by that name soever the said A B. be censured in the same before Us in the Upper Bench at Westminster on Saturday next after the morrow of All Souls to do and receive al. and every those things which the Court before Us in the Upper Bench at Westm shall consider of in that behalf And then you have here this Writ Witnes c. Habeas Corpus retornable before a Judge immediately THe Keepers c. as above in the Habeas Corpus untill by what name soever the said A. B. be censured in the same before Henry Roll cheif justice assigned to hold Pleas in the Upper Bench at Westm at his Chamber in Sergeants Inne in Fleetstreet London immediately after the receiving of this Writ to do and receive all and every those things which the said Cheif Justice then and there shall consider of in that behalf And then you have here this Writ c. Witnes c. Habeas Corpus upon a cepi Corpus THe Keepers c. to the Sheriffe of O. Greeting We command you that you have the body of A B. by you taken and in our prison under your custody detained as you your self to us in the Court before us in the Upper Bench at Westm formerly by you sent have thereby charged your self before us in the Upper Bench at Westm c. reciting the Return to answer C.D. in a Plea of Trespas And then you have there this writ Witnes c. Habeas Corpus ad satisfaciendum THe Keepers c. as above untill the Return next after c. to satisfie C. D. as well of one hundred li. of debt as 40 s. for his damages which he sustained as well by occasion of detaining of that Debt as for his Costs and charges by him about his Suit in that behalf disbursed And further to do and receive all and every those things c. as above in the Habeas Corpus ad fac ' rec ' Procedendo THe Keepers of the Liberty c. Greeting Although we have lately commanded you by our Writ that you should have the body of A. B. in Our prison under your custodie as it was said detained under safe and secure conduct together with the day and cause of his caption and detention by what name soever the said A. B. should be censured in the same before Us in the Upper Bench at Westm on c. as the Return was in the Habeas Corpus last past to do and receive all and every those things which the Court before Us in the Upper Bench at Westminster shall then and there consider or in that behalf Yet we being now moved with certain causes in the same Court before Us in the Upper Bench at Westminster We command you and every of you that in whatsoever Plaints or Suits against him the said A. B. at the Suit of C. D. in the Court before you or any of you leavied or affirmed and before you or any of you now depending undetermined in such manner you proceed with what celeritie you can as according to the Law and custome of this Nation you think to be expedient Our Writ aforesaid to you formerly directed to the contrary notwithstanding Witnes c. Supersedeas when the Defendant appears and files common Bail THe Keepers c. Greeting Whereas by our Writ we have lately commanded you that you should take A. B. if c. recite as is in the Alias Capias till these words to answer C. D. in a Plea of trespas And because the said A. B. in the Court before us in the Upper Bench at Westm hath appeared at the day and place in the said Writ contained to answer the said C. D. according to the form and effect of the said Writ Therefore we command you that you for ever supersede from further attaching Imprisoning or him the said A. B. for that cause any way molesting And if you have taken him for that cause and no other then upon your perill without delay you cause him to be freed delivered from the Prison where he is so detained Witnesse c. Supersedeas upon a Capias ad satisfaciendum when the Plaintiffe hath acknowledged satisfaction THe Keepers of c. Greeting Although by our Writ we have lately commanded you that you should
against Manucaptors in a Plea of Debt THe Keeper c. Greeting We command you that you take A. B. and C. D. writing the addition as it is in the Bail peice Manucaptors of E F of c. as above in the first Capias ad satisfaciendum untill these words to satisfie G H of 30 li. of Debt and 20 s. for his damages c. as above in the first Capias c. untill these words disbursed whereof the said G H is convicted as it doth appear to us upon Record And whereof in the same Court before Us in the Upper Bench at Westm it is considered that the said G H shall have his Execution against the said A B and C D of the Debt and damages aforesaid according to the force form and effect of the Recognisance by them the said A B and C D to the said G H for the said E F in the Court before Us in the Upper Bench at Westm acknowledged And then you have here this Writ Witnes c. The same against the Plaintiffe for not prosecuting his Action THe Keeper c. as above in the first Capias ad satisfaciendum untill these words to satisfie C D of six pounds which in the Court before Us in the Upper Bench at Westm were adjudged to the said C D according to the form of a Statute in such case lately made and provided for his costs and charges by him about his defence in a certain Action of Trespas at the Suit of the said A B in the same Court before Us in the Upper Bench at Westm sustained whereof the said A B is convicted as it doth appear to us upon Record And then you have here this Writ Witnes c. The same for damages in breaking Covenant THe Keeper c. Greeting c. as above in the former directions to satisfie C D of 7 li. for his damages which he sustained by reason of certain Covenants made to the said C D by the said A B lately broken as also for his Costs and charges c. as the first Capias ad satisfac ' to the end If for trespasse thus THe Keeper c. as before untill these words to satisfie C D 7 li. for his damages which he sustained as well by reason of a certain Trespas done to the said C. D by the said A B as for his Costs c. according to the directions in the former If for trespas upon the Case thus THe Keeper c. as above untill these words to satisfie C D of 10 li. for his damages which he sustained as well by reason of a certain Trespas upon the Case lately done to the said C D by the said A B as for his Costs c. as in the former directions next before If for performance oâ— promise thus THe Keeper c. to satisfie C D of 10 li. for his damages which he sustained as well by reason of not performing of certain promises and assumptions lately made to the said C D by the said A B. as for his costs c. as above The same for costs for the Defendant upon a Verdict at the Assizes against the Plaintiffe THe Keeper c. as above untill these words to satisfie C D of 40 s. for his costs and charges by him disbursed about his defence in a certain Plea of Trespas upon the Case at the Suit of the said A B prosecuted in the Court before us in the Upper Bench at Westm And then you have here this Writ Witnes c. Fieri facias in a Plea of Debt THe Keepers of the Liberty c. To the Sheriffe of Leicestershire Greeting We command you that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick as well a certain debt of fourty pounds which C. D. lately in the Court before us at the Upper Bench at Westminster recovered against the said A. B. as also one and twenty Shillings which to the said C D. in the same Court were adjudged for his damages which he sustained aswell by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof the said A. B. is convicted as it doth appear to us upon Record when the Judgment is renued by a Scir ' fac ' then this sentence is to be in the execution wherof in the same Court before us in the Upper Bench at Westminster it is considered that the said C. D. may have his execution against the said A B according to the force form and effect of the recovery aforesaid And you have that monies before us in the Upper Bench at Westminster on Friday next after the morrow of the holy Trinity to restore to the said C. D. for his debt and damages aforesaid and then you have here this Writ Witnes c. A Testatum thereupon THe Keeper c. To the Sheriffe of Middl Greeting Whereas we have lately commanded the Sheriffe of London that they should cause to be made of the goods and Chattels of A. B. in their Bayliwick aswell a certain debt of one hundred pounds which C. D. in the Court before us in the Upper Bench at Westminster lately recovered against the said A. B. as also one and twenty shillings which to the said C. D. in the same Court were adjudged for his damages which he sustained aswell by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof the said A. B. is convicted as it doth appear to us of Record And that they should have those monies before us in the Upper Bench at Westminster at a certain day now past to restore to the said C. D. for the debt and damages aforesaid And the said Sheriffes of London at the day have returned to us that the said A B. hath nothing in their Bayliwick whereby they might cause to be made the debt and damages or any parcell thereof whereupon on the behalf of the said C. D. in the Court before us it is sufficiently testified that the said A B. hath goods and Chattels sufficient in your Bayliwick whereof you may make or cause to be made the debt and damages aforesaid Therefore we command you that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick the said hundred pounds of debt the said one and 20 s. for damages aforesaid And you have there those monies before us in the Upper Bench at Westminster on Thursday next after the eight dayes of the holy Trinity to render to the said C. D. for the debt and damages aforesaid and you have here this Writ Witnes c. A Devastavit returned and thereupon a Fier ' Fac ' of the proper goods of the Executor THe Keeper c. Greeting Whereas by our Writ we have lately commanded you that you cause to be leavied of the goods and Chattels
which were of A. B. otherwise called c. naming the addition in your Bayliwick in the hands and custody of C. D. Executrix of the last will and Testament of the said A. B. one hundred pound of debt and also 5 l. which were adjudged to E. F. in the Court before us in the Upper Bench at Westm for his damages which he sustained as well by occasion of detaining of that Debt as for his costs and charges by him about his Suit in that behalf disbursed if so much she should have them in her hands And if so much she should not have them in her hands then you should cause to be leavied the said five pounds for the damage aforesaid of the proper goods and chattels of her the said C D And you should have those moneys before us in the Upper Bench at Westminster at a certain day now past to render to the said E F for his Debt and Damages aforesaid whereof the said C D is convicted as it doth appear to us upon Record And you at that day returned to us that the said C D had no goods or chattels which were of the said A B whereby you might cause to be made the Debt and Damages aforesaid or any parcell thereof And moreover that by vertue of the said Writ you caused to be made of the proper goods and chattels of the said C D the said five pounds for damages aforesaid And that you had the moneys prepared before us in the Upper Bench at Westminster as it was commanded to you by our Writ And that the said C D hath wasted the goods and chattels which were of the said A B to the value of thirty pounds parcell of the said Debt of one hundred pounds Therefore we command you that you cause to be made in your Bayliwick the said 30 li. parcel of the Debt of 100 li. of the proper goods and chattels of the said C D And then you have here this Writ Witnes c. Elegit THe Keepers c. to the Sheriffe of L Greeting Wheras A B in the Court before us in the Vpper Bench at Westm lately recovered against C D an hundred pounds of Debt and also one and twenty shillings for his damages which he sustained as well by occasion of detaining of that Debt as also for his costs and charges by him about his Suit in that behalf diâ—bursed whereof the said C D is convicted as it doth appear to us upon Record And because the said A. B. doth come in the Court before us in the Vpper Bench at Westm and electeth to be delivered to him all the goods and chattels of the said C D in your Bayliwick besides his Oxen and beasts of his Plow and also the half of all the Lands and Tenements which were of the said C D the 14th day of June in the yeer of our Lord one thousand six hundred and fifty which day the Judgment aforesaid was given against the said C D in the form aforesaid to have the goods and chattels aforesaid as the proper goods and chattels of him the said A B and to have and hold the half of the Lands and Tenement aforesaid to him and his Assignes as his Free-hold untill he hath thereby fully leavied the Debt and damages aforesaid Therefore we command you that without delay you cause to be delivered all the goods and chattels of the said C D in your Bayliwick except the Oxen and beasts of his Plow and also the half of all the Lands and Tenements which were of the said C D the said 14th day of June in the yeer of our Lord one thousand six hundred and fifty aforesaid to the said A B by a reasonable price and extent to haâ—e the goods and chattels aforesaid as his proper goods and chattels and to have and hold the half of the Lands and Tenements aforesaid to him and his Assignes as his Free-hold untill he hath thereby fully levied the Debt and Damages aforesaid And in like manner this Precept shall be executed you make it appear before us in the Vpper Bench at Westminster on Thursday next after the fifteen dayes of Easter under your Seal and the Seals of them by the Oath of whom you took that Extent and Apprisement together with this Writ Witnes c. Habere fac ' poss THe Keeper c. Greeting Wheras A. B lately that is to say in the Tearm of Saint Hillary in the year of our Lord one thousand six hundred and fifty before us in the Upper Bench at Westminster hath recovered against C. D. 〈◊〉 sâ—arm then yet to come of and in one messuage with the appurtenances in E. in your County which F G. dâ—â—admse to him to a â—â—arm which is not yet past that 〈…〉 from the Feast of the Annunciation of the blessed Virgin Mary in the year of our Lord one thousand six hundred and fifty untill the end and tearm of three years from thence next following to be fully compleat and ended by vertue of which demise the said A. B. entered into the tenements aforesaid with the appurtenances And was thereof possessed untill the said C. D. did afterwards eject him the said A. B. from his Farm Therefore we command you that without delay you cause the said A. B. to have his possession of his Tearm aforesaid yet to come of and in the Tenements aforesaid with the appurtenances And in like manner this precept shall be executed you make it appear before us in the Upper Bench at Westminster on Saturday next after the morrow of the Assention of our Lord together with this Writ Witnes c. A Scire Facias in debt THe Keeper c. to the Sheriffe of N. Greeting Wheras A. B. in the Court before us in the Vpper Bench at Westminster recovered against C D two hundred pounds of debt and also thirty shillings for his damages which he sustained as well by occasion of detaining of that debt as for his costs and charges by him about his Suit in that behalf disbursed whereof he is convicted as it doth appear to us upon Record And now on the behalf of the said A. B. in the Court before us in the Vpper Bench at Westminster we conceive that although the Judgment be thereby given yet the Execution of the said Debt and damages doth yet remain to be made whereupon the said A. B. hath made supplication to us accordingly in that behalf to provide remedy for him And we being willing in that behalf to do that which is just we command you that by honest and lawfull men of your Bayliwick you make known to the said C. D. that he may be before us in the Vpper Bench at Westminster on Wednesday next after the fifteen dayes of the holy Trinity to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his Execution against him of the debt and damages aforesaid according to the force form
and effect of the recovery aforesaid if he think expedient And further to do and receive that which the Court before us in the Vpper Bench at Westminster shall consider of in that behalf And then you have here this Writ Witnes c. The same against Manucaptors THe Keeper c. To the Sheriffe of Middlesex Greeting Whereas A B lately in the Court before us in the Vpper Bench at Westminster recovered against C H one hundred pound of debt c. as above untill these words doth yet remain to be made of the goods Chattels aforesaid And whereas E. F lately of c. And G. G. naming the addition formerly that is to say in Michalmas Tearm last past in the same Court before us in the Vpper Bench at Westminster personally came and did become Pledges and Manucaptors and both of them by themselves became Plegde and Manucaptor for the said C D that if it should happen the said C.D. to be convinced in the Plea aforesaid that then the said E F and G H granted and either of them for himself did grant the debt aforesaid and also all such damage cost and charges which should be adjudged to the said A. B. in that behalf of their and either of their Lands Chattels to be made and to the use of the said A. B. to be leavied if it should happen the said C D. not to pay the said debt damages costs and charges to the said A. B. or not to render himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench at Westminster upon that occasion yet the said C. D. hath not hitherto paid the said debt and damages to the said A. B. neither hath upon that occasion rendered himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench before that time as by the insinuation of the said A. B. in the Court before us in the Vpper Bench at Westminster we have accepted whereupon the said A. B. hath supplicated us accordingly to provide remedy for him in that behalf as above till after the return of the former Writ to these words to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his execution against him of the debt and damages aforesaid according to the force form and effect of the recognizance aforesaid if he think good so to do c. as above untill the end A Scire Facias against an Executor in Debt THE Keepers c. as above in the first Scire facias untill these words doth yet remain to be made of the Goods and Chattels aforesaid and that the said C.D. after Judgement aforesaid in form aforesaid rendred is dead and that one E.F. is Executor of the last Will and Testament of the said C.D. whereupon the said A.B. hath supplicated us accordingly to provide remedy in that behalf as above till after the Return of the first Writ to shew if he hath or knoweth any thing to say for himself wherefore the Debt and dammages aforesaid of the Goods and Chattels which were of the said C. D. at the time of his death being in the hands and custody of the said E.F. to be administred ought not to be made and to the use of the said A.B. levied according to the force form and effect as above in the first c. The same for an Administratrix in Debt THe Keeper c. as in the first Scire facias untill these words as it doth appear to us upon Record and now in the Court before us in the upper Bench at Westminster comes E.F. VViddow the relict of the said A. B. and saith that after Judgement aforesaid in form aforesaid rendered that is to say on c. in the year c. naming the time the said A. B. at A. in your County died intestate after whose death that is to say on c. in the year c. naming the time at A. aforesaid the. Administration of all the Goods and Chattells Rights and Credits which were of the said A.B. at the time of his death by c. to whom the Commission of the Administration of Right did pertain was committed to the said E.F. and now on the behalf of the said E. F. in the same Court before us in the upper Bench at Westminster we have accepted that although c. as above in the first VVrit of this sort Rotam habend THe Keeper c. to the Sheriffe of Middlesex greeting whereas A.B. was lately summoned to be before us in the upper Bench at Westminster to answer C.D. in a Plea of taking and uniustly detaining of the Goods and Chattells of the said C.D. and the said A.B. appearing in the Court before us in the upper Bench at Westminster the said C. D. made default for which it was considered of in the said Court that the said A. B. should have Return of his goods and chattells aforesaid therefore we command you that without delay you cause to be returned to the said A. B. the goods and chattells aforesaid and not deliver them at the complaint of the said C.D. without our Writ aforesaid making expresse mention of the said Judgement and as this Precept shall be executed you certifie to us in the upper Bench in eight dayes of the Purification of the blessed Virgin Mary wheresoever we shall then be in England together with this VVrit witnes c. Capias in Withernam THe Keepers c. to the Sherif of M. greeting whereas A.B. in the Court before us in the upper Bench at Westminster was summoned to be before us in the uper Bench at Westminster to answer C. D. in a Plea wherefore he took the goods and chattells of him the said C.D. and detained them uniustly against Sureties and Pledges as it is said and the said A. B. appearing in the same Court before us in the upper Bench at Westminster the said C. D. there made default for which in the same Court it was considered by the same Court that the said A.B. should have return of the goods and chattels aforesaid whereupon we commanded you by our VVrit that without delay you cause to be returned the goods and chattells aforesaid to the said A.B. and not deliver them at the complaint of the said C.D. without our Writ that shall make express mention of the said Judgement and in such manner as that Precept should be executed you should certifie to us in the upper Bench at Westminster in the eight dayes of the Purification of the blessed Virgin Mary last past and you at that day did return to us that before the coming to you of that Writ the goods and chattels aforesaid were convayed away to places to you altogether unknown so that you would not cause those goods and chattels to be returned to the said A. B. therefore we command you that you take of the goods and chattells of the said C.D. to the value of the
goods and chattels aforesaid formerly taken and you cause them to be delivered to the said A. B. to be detained untill you may cause the goods and chattells formerly taken to be restored to the said A.B. and you put the said C.D. by Sureties and safe pledges that he be before us in the moneth of Easter whersoever we then shall be in England to answer as well as of the contempt and as also the said A.B. of his dammages and iniuries in that behalf illated and that you have there this Writ witnesse c. A Scire facias for an Executor to renew a Judgement after a year and a day THe Keepers c. greeting whereas A.B. Executor of the last Will and Testament of C. D. lately deceased lately in the Court before us in the upper Bench at Westminster by Bill without our Writ and by the iudgement of the same Court recovered against E.F. thirteen pounds of Debt and also one and twenty shillings for his damages which he sustained as well by occasion of detention of that Debt as for his costs and charges by him about his suit in that behalf disbursed whereof he is convicted as it doth appear to us of Record and that the said C. D. after Judgement aforesaid in Form aforesaid rendred at London made his last VVill and Testament and thereby did appoint and ordain the said A.B. his Executor and afterwards there died and now on the behalf of the said A. B. in the Court before us in the upper Bench at Westminster have accepted that although the Judgement be thereof rendred yet the Execution of the Debt and dammages aforesaid doth yet remain to be made whereupon the said A.B. hath supplicated us accordingly to provide remedy for him in that behalf and we being willing in that behalf to do that which is iust we command you that by honest and lawfull men of your Bailywick you make known to the said E.F. that he be before us in the upper Bench at Westminster on Fryday next after c. to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have the Execution of the Debt and Dammages aforesaid according to the force form and effect of the recovery aforesaid if he think good to try and further to do and receive that which the same Court before us in the upper Bench at Westminster shall consider of in that behalf and then you have here the names of them by whom you made known to him and this Writ witnesse c. The same in an Action of Eiectment the Plaintiffe a woman after Judgement being married THe Keeper c. Greeting whereas A.B. lately before us in the upper Bench at Westminster recovered against C.D. her Term then and yet to come of and in one Messuage with the Appurtenances in E. in the Parish of F. in your County that is to say from the last day of March in the year of our Lord one thousand six hundred and fifty untill the end and Term of five years to be fully compleat and ended and afterwards the said A.B. at E. aforesaid took to her Husband one C.G. and now on the behalf of the said G. H. and A. B. in the Court before us in the upper Bench at Westminster as we have accepted that although the Judgement aforesaid be rendred yet the Execution of that Judgement doth yet remain to be made whereupon the said G. H. and A.B. have supplicated us accordingly to provide remedy for them in that behalf and we being willing in that behalf to do that which is lust we command you that by honest and lawfull men of your Bailiwick you make known to the said C.D. that he be before us in the upper Bench at Westminster on c. reciting the Return to shew if that he hath or knoweth any thing to say for himself wherefore the said G.H. and A.B. his Wife ought not to have Execution of the Iudgement aforesaid if he think good to try and further to do and receive that which the Court shall consider of in that behalf and then you have here the names of them by whom you made known to him and this Writ witnesse c. The same for an Administrator in Debt The Keepers c. Greeting whereas A. B. lately in the Court before us in the upper Bench at Westminster recovered against C.D. twenty pounds Debt and also one and twenty shillings for his dammages which he sustained as well by occasion of detention of that Debt as also for his costs and charges by him about his suit in that behalf disbursed whereof he is convicted as it doth aprear to us upon Record and afterwards the said A.B. at London aforesaid died intestate as it is said and the Admistration of all and every the Goods and Chattels Rights and credits which were of the said A.B. at the time of his death at London were committed to one E.F. as by the insinuation of the said E.F. in the Court before us in the upper Bench at Westminster we have accepted yet the Execution of the Debt and dammages aforesaid doth yet remain to be made whereupon the said E. F. hath supplicated us accordingly to provide remedy for him in that behalf and we being willing to do that which is iust in that behalf we command you that by honest and lawfull men of your Bailiwick you make known to the said C.D. that he be before us in the upper Bench at Westminster on c. reciting the Return to shew if he c. as above in the former Writ untill the end The same against an Executor of a Sheriff where the Sheriff returned that he had caused the Goods of the Defendant to be levied but hath not paid the Money coming thereof THe Keepers c. to the Sheriffe of Middlesex greeting whereas A.B. lately in the Court before us in the upper Bench at Westminster recovered against C.D. one hundred pounds of Debt and also five pounds for his dammages which he sustained as well by occasion of detaining of that Debt as for his Costs and Charges by him about his Suit in that behalfe expended whereof the said C.D. is convicted as it doth appeare to us of Record And whereas also E.F. Esq Sheriff of the County of E. hath returned to us upon a certain Writ issuing forth of the same Court before us upon the judgment aforesaid that he had caused to be taken the Goods and Chattells of the said C.D. to the value of the Debt and damages aforesaid that is to say the one hundred and five pounds and the Mony coming thereof that is to say the said one hundred and five pounds before us at the day and place in the said Writ mentioned He had prepared to deliver to the said A. B. according to the Exigent of the Writ aforesaid as by the return of that Writ in the same Court before us remaining of Record doth manifestly appeare And