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A76070 The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon. Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained. J. B. 1657 (1657) Wing B102; Thomason E1655_1; ESTC R208897 73,945 241

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in eight dayes of St. Michaell c. at which day here came the aforesaid Nich. and Alice by their Attorney aforesaid and the Sheriffe hath not Executed the Writ therefore as heretofore let the Tenements aforesaid with the appurtenances be taken into the hand of the Lord Protector c. And the aforesaid I. K. as heretofore be summoned that he be here in the morrow of All-Souls c. A Pone after an Essoin in Dower Oliver c. Greeting put under security and safe pledges C. D. that he be here c. as he saith and to shew wherefore he kept not the day to him given by his Essoin in our Court before our Justices at Westminster in eight dayes of the holy Trinity last past after he was summoned and have you there the names of them by whose view c. as before The Entry thereof ss In the Entry of the Writ aforesaid let it be made as before untill as before to Wit and he came not and he had thence day by his Essoin here unto this day to wit in eight dayes of the holy Trinity after he was summoned c. therefore let the tenements aforesaid with the appurtenances be taken into the hand of the Lord Protector c. And the aforesaid I. K. be summoned that he be here in eight dayes of St. Michaell c. A writ of view in Dower Oliver c. we command you that justly and without delay you cause C. D. to have view of one messuage with the appurtenances in T. whereof Q. who was the wife of F. G. in our Court before our Justices at Westminster claimeth the third part against him as her Dower by the endowment of the said F. G. heretofore her husband by our Writ of Dower whereof she hath nothing as she saieth and speak to 4. Knights of them that shal be present at that view that they be before our Justices at Westminster in eight dayes of St. Hillary to testifie that view and have you there the names of the 4 Knights and this Writ witness c. The Entry thereof ss Q. who was the wife of F. R. by N. M. her Attorney demandeth against C. D. the third part of one messuage with the Appurtenances in T. as her Dower by the endowment of the aforesaid F. heretofore her husband by a Writ of the Lord Protector of Dower whereof she hath nothing c. and the aforesaid C. D. by I. A. his Attorney came and demanded view of the messuage aforesaid with the appurtenances whereof c. let him have it c. day is given to the said parties here till in eight dayes of St. Hillary c. And in the mean time c. A Languidus upon a Capias ss The Sheriffe was commanded that he should take A. B. late of c. if c. And him safely c. so that he might have his body before our Justices here at this day to wit in eight dayes of St. Michaell to answer C. D. in a Plea that he render to him c. s. zz and now here at this day came the aforesaid C. D. by his Attorney c. as in other entryes unto and he came not and the Sheriffe returned that he took the body of the aforesaid A. B. which languished in prison and with so many and such infirmities in the same he is detained that without very great danger of death travaile or be carried he cannot when as it is witnessed in our Court here that the aforesaid A. B. is healthfull and sound and able to travaile therefore the Sheriffe is cōmanded that he have here from the day of St. Michaell in one moneth the body of the aforesaid A. B. to answer the aforesaid C. D. in the Plea aforesaid c. A habeas Corpus upon a Languidus ss Oliver c. We command you that you have before our Justices at Westminster from the day of St. Michaell in one moneth the body of A. B. late of T. c. whom by our precept you have taken and in your power detaineth who so languished in our prison of O. and with so many and such infirmities in the same grieved that without very great danger of death travaile or be carried he could not as your self returned to our Justices at Westminster in eight dayes of St. Michaell last past to answer C. D. in a Plea that he render to him c. s. zz And have you c. The Entry thereof ss The Sheriffe was commanded that he should have here at this day to wit from the day of St. Michaell in one moneth the body of A. B. late of c. whom by the precept of the Lord Protector he had taken and in his power did detain his body languishing in prison before the Justices here in eight dayes of St. Michaell last past he could not have insomuch that with so many and such infirmities in the same prison he was detained that without very great danger of death travaile or be carried he could not as the same Sheriffe at that day there returned to answer C. D. in a Plea that he render to him c. s. zz And now here at this day came the aforesaid C. D. by I. N. his Attorney and offered himself the 4th day against the aforesaid A. B. in the Plea aforesaid and the Sheriffe returned that the aforesaid A. B. as yet languisheth in the prison aforesaid therefore the body of the said A. B. before the Justices here at this day he cannot have insomuch that with so many and such infirmities and greifs in the same prison he is troubled that he cannot travaile or be carried without very great danger of death when as it is witnessed in the Court of the Protector here as the Protector had received by the Testimony of a creditable person that the aforesaid A. B. is sound and healthfull and able to travaile therefore the Sheriffe is commanded that he or his under Sheriffe be here in eight dayes of St. Martine bringing thither with him the aforesaid A. B. whether he shall be healthfull or infirme to answer the aforesaid C. D. in the Plea aforesaid and this under the pain of twenty pounds c. A Duces tecum upon the Entry ss Oliver c. whereas we lately commanded you that you should have before our Justices at Westminster in eight dayes of St. Hillary last past the body of A.B. late of c. whom by our precept you took to answer C. D. in a Plea that he the said A.B. render to him 100 s.zz And although the aforesaid A. B. be sound healthfull and able to travaile as by the Testimonie of a creditable person we have received you notwithstanding permittum the said A. B. to wander at large in the same eight dayes of St. Hillary returned that the same A. B. did languish in our prison under your custody so that the body of the said A. B. thereat that day you could not have insomuch that he
was troubled with so many and such infirmities and greifes in the same prison that he could not then justly travaile neither be carried without very great danger of death and for that we would not have our people in the prosecutions of their actions in our Court to be persecuted nor our Court in such manner to be deluded we cōmand you that you or your under Sheriffe be before our Justices at Westminster in eight dayes of the Purification of the blessed Virgin Mary bringing thither with you the aforesaid A. B. whether he shall be healthfull or infirm to answer the aforesaid C. D. in the Plea aforesaid knowing for certain that if this shall be omitted you shall undergoe the penalty of twenty pounds and have you there this writ c. The Entry of an alias non omittas ss The Sheriffe was commanded that he should not omit for the liberty of the Town of Cant. but take I. G. late of R. in the County aforesaid yeoman if c. and safely c. so that he might have his body here at this day to wit in the morrow of All-Souls to answer A. L. in a Plea that he render unto him c. s. zz and now here at this day came the aforesaid I. L. by his Attorney and offered himself the 4th day against the aforesaid I. G. in the aforesaid Plea and he came not and the Sheriffe returned that he is not found c. therefore as heretofore he is commanded that he should not omit for the liberty aforesaid but take the aforesaid I. G. if c. and safely c. so that he might have his body here tali die c. The Entry of an distr in debito ss A.B. by his Attorney offered himself the 4th day against T. C. late of c. in a Plea that he render to him c. s. zz And he came not and the Sheriffe was commanded that he should attach him c. and the Sheriffe returned that he is attached by pledges John Denn and Richard Fen therefore he is in mercy c. let him be distrained that he be here tali die c. A distr and a Pone in one Writ ss Oliver c. we command you that you distrain H. S. late of c. as in another distr c. to answer T. M. in a Plea that he together with C. D. c. render unto him c. s. zz And to hear his judgment for many defaults c. we also command you that you put under security and safe pledges the aforesaid C. that he be before our said Justices at Westminster at the aforesaid Term to answer the aforesaid T. M. together with the aforesaid H. in the Plea aforesaid and to shew wherefore he kept not the day to him given by his Essoin before our Justices at Westminster from the day of Easter in 15. dayes last past after he was summoned and have you c. The Entry of a Capias and latitat ss A. B. by his Attorney offered himself the 4th day against I. L. late of c. and against W. C. c. in a Plea that both of them render to him c. s. zz And they came not and the Sheriffe was commanded that he should take them c. and the Sheriffe returned that they are not found c. and hereupon concerning the aforesaid I.L. it is witnessed in the Court of the Protector here that he doth lurk wander and lie hid in the County of Sommerset therefore the Sheriffe of Sommerset is commanded that he take him if c. and safely c. so that he have his body here in eight dayes of St. Hillary c. and whereupon c. and also as heretofore let the aforesaid W. C. be taken that he be here at the aforesaid Time c. The Entry of a distr and Pone in one Writ ss C. M. by his Attorney offered himself the 4th day against T. S. late of c. of a Plea that he together with C. his wife render to him C.s. which he oweth him unjustly detains c. and they came not and the Sheriffe was commanded that he should attach them c. And the Sheriff returned that they are attached by pledges John Doo and Richard Roo therefore they are in mercy c. and let them be destrained that they be here from the day of Easter in 10. dayes c. A Writ of view in a Formedon in Descender ss Oliver c. Greeting we command you that without delay you cause T. A. to have view of one messuage with the appuretnances in C. which D.E. in our Court before our Justices at Westminster claimeth as his right by our Writ of Formedon in descender against him and speak to 4. Knights of them which shall be present at that view that they be before our Justices at Westminster tali die to testifie that view and have you there the names of the Knights and this Writ witnesse c. A Magnum Cape of a non Omitt in a Writ of Dower ss Oliver c. To the Sheriffe of Cambridge Greeting we command you that that you omit not for our Liberty of our Bishoprick of Ely the place being now void within the Isle of Ely in your County but take into our hand by the view of honest and Lawfull men of your County the third part of one messuage with the appurtenances in Outwell which R.P. and D. his wife in our Court before our Justices at the Town of St. Albanes in our County of Hertf. claim as her Dower by the endowment of H. S. heretofore her husband against J. S. by our Writ of Dower whereof she hath nothing by default of the said J. and the day of the Captiom certifie to our Justices at the Town of St. Albane aforesaid by your Letters sealed and Summon by good Summoners the aforesaid J. that he be here before our Justices at Westminster from the day of the holy Trinity in 3. weeks thereof to answer and shew wherefore he kept not the day to him given by our Writ of Common adjournment after he was Summoned and have you there the names of them by whose view you shall make this Summons and this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded that he should take into the hand of the Lord Protector the third part of one messuage with the appurtunances in O. which R.P. D. his wife in the Court of the Protector claim as the Dower of the said D. by the endowment of H.S. heretofore her husband against J.S. by the Writ of the Lord Protector of Dower whereof she hath nothing c. and day c. and that he should Summon by good Summoners the aforesaid J. that he should be here at this day to wit from the day of Easter in 15. dayes last past and now here at this day came the aforesaid R. and D. by A. B. their Attorney c. and the Sheriffe returned that for