of his County Palatine of Lancaster upon Munday in Quarta sepquadrag next coming to answer there in his plea aforesaid if c. ss BE it remembred That T. E Knight H 25 H 8 rot 121. Remissio recordi sent by the Justices of Chester into the Bench to determine a forraign voucher and at a day in the Bench the Tenants make default and the cause for that was determined Iustice of the Lord the King of Chester the twenty third of J that same Term by vertue of a writ of the Lord the King to him directed which followeth in these words Henry the eighth by the Grace of God King of England and France and Lord of Ireland to his Iustice of Chester or to the Keeper of his place there greeting Whereas T T in our Court in our County aforesaid had demanded against R. B. Esquire T.W. and P. A. one windmill one water-mill c with the Appurtenances in N as his right and inheritance and into which the same R. T.W and P. had to entrance unlesse after the Demise which R.T. Knight kinsman of the sayd T. T whose heir he is thereof made to R. S. for a Terme which is past and which after that Terme ought to revert to the said T. T. and the same R.T. and P. pleading in the same Court lately vouched thereof to warranty P.B. summoned in our County of Wilts by the ayd of our court of Chester because the same P. B. had no lands within our County of Chester aforesaid by which he could be summoned which said Warranty in our said Court of Chester for the cause aforesaid cannot be determined to the great Damage of the said T.T. and manifest hinderance of the obtaining of his Right whereupon he hath besought us to provide him a fit remedy in this behalfe We who are Debtors to exhibit Iustice to every one within our Kingdome willing to do what is just to the said T.T. in this behalfe Command you that if it be so far proceeded in our Court of Chester then the Record and proceedings therein with all things touching the same to our Iustices of the Bench under your seal you distinctly and openly send and this Writ so that they may have them at Westminster in Octab. Hil. prefixing the same day to the parties aforesaid that they may be then there to do and receive what shall be considered in our Court there in this behalfe that that warranty being determined before our said Iustices in the Common Bench the said Record and proceedings may be sent you to proceed in the plaint aforesaid as of right and according to the Law and Custome of our County of Chester is to be done witnesse our self at Westminster 6 November Anno c. 25 ANd the said Iustice sent there the Record and proceedings of the said plaint whereof mention is made in the sayd Writ annexed to the same Writ the Tenor whereof followeth in these words Pleas of the County of Chester at Chester before T. E. Knight Justice of the Lord the King upon Thursday next after the Feast of Saint Iames the Apostle Anno H. 8. post Conquest of England 25. Count in Entre ad term qui pret in the County Palatine of Chester CHester ss Thomas Torhet by H. H. his Attorney in the Court of the Lord the King here demandeth against R B. Esquire T W. and P A one wind mill c. with the appurtenances in N. as his right and inheritance and into which the same R T. W. and P. have no entrance unlesse after the demise which Robert S. Knight Kinsman of the said T T. whose heir he is thereof made to R. Scot for a Terme which is past and which after that Term ought to revert to the same T. T. whereupon he saith that the said Robert kinsman c. was seised of the Tenements aforesaid with the Appurtenances in his Demesne as of Fee in the time of peace in the time of Edward late King of England the second after the Conquest taking thereof the profits to the value c. and the same Robert being so thereof seised demised those Tenements with the Appurtenances to the said Richard Scot for a Terme which is past and from the same Robert the right descended c. to one Robert as son and heire c. and from the said Robert the son the right descended to one Thomas as son and heir c. and by many descents the right came to Iohn and from the said Iohn the right came to the said Thomas who is now Demandant as son and heir c. And which after that Terme c and thereof bringeth suit c. And the same R. B. T. W. and P. A. by T. B. their Attorney come and defend their right when c. and pray licence thereof to imparl here untill the next County to wit untill Thursday next after the Feast c next coming and have it c. The same day is given to the said T. T. here c. At which day here came as well the said T. T. by his Attorney aforesaid as the same R. B. T. W. and P. A. by their Attorney here c. and hereupon the same R. B. T. W. and P. A. vouch thereof to warrant P. B. who hath no Lands or Tenements in the County of Chester but all in the County of Wilts and prayeth that the said Peter may be summoned in the County of Wilts A forraigner vouched to warrant by ayde c. and the said T. T. well alloweth the said vouchee c. let him have it c. And because their vouchee to warrant cannot be determined in the said County of Chester day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the feast of the Translation of Saint Edw. next coming c. And in the mean time the writ of the Lord the King may be followed if c. At which day further day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the Feast of Saint Martin the Bishop next coming c. And in the mean time c. At which day a further day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the Feast c. And further the said Justice C to the Justices of the Common Bench here to wit at W aforesaid returneth That he by vertue of the writ aforesaid to him directed prefixed a day to the parties aforesaid at the said Oct. Hil. that they should be here to do and receive as that Writ in it selfe commandeth and requireth At which said Octab. Hill before the said Iustices of the Bench here to wit at Westminster aforesaid Remandment of the plaint came the same T. T. by R. Jenour his Attorney and offered himself the fourth day against the said R. B. T. W. and P. A. in the plea aforesaid and
entred as followeth Afterwards to wit ter die came here into the Court the said W. by the Keeper of the Prison aforesaid to the Bar here brought and saith that he ought not longer to be kept in the prison aforesaid for that the same W. at his owne request and not at the request of the said Plaintiff was committed to the Prison aforesaid and for that cause prayeth that he may be dismissed at large from the prison aforsaid by the Court here The Defendant is discharged out of Prison for that the Plainâ—iff prayed him not in execution And because the Justices here by due examination in this behalfe made and that it sufficiently appeareth by the Record that the allegation of the said W. is true therefore the said W. by the Court here is dismissed from the prison aforesaid And the said Keeper of the Prison aforesaid by the said court here is discharged from the custody of the said W. c. M 15. Jac. Rot. 2167. e Walter between Willby and Davenant in a Scire Facias against C. and B. Manucaptors in a Recognizance of 740 l. that the said Davenant should appeare to an account of 330 l. at the Suit of the Plaintiff Nota bien and alleageth that the Defendant appeared to an Originall of 330 l. and that afterwards in Mich. 4. Jac. R. nunc the said Davenant was condemned in the said 330 l. and in 80 s. for damages and afterwards that the Plaintiff remitted 25 l. 6 s. 4 d pro ut c. the said Davenant hath not rendred his body in execution for the judgment aforesaid for 208 l 13 s. 9 d. residue of the debt and Damages aforesaid in the same Court neither hath satisfied to the plaintiff for the residue of the debt and Damages aforesaid the Defendant Pleads that the Plaintiff ought not to have execution c. because he saith that after the Judgment aforesaid given to wit the 23 day of January An. 14. abovesaid came here into the Court the same Davenant in his proper person and then and there rendred his body to the prison of the Lord the King of the Fleet in execution for the said 208 l 13 s. 4 d residue of the debt and damages aforesaid against the said Davenant in Form aforesaid Recorded and in discharge of the said severall Recognizances by the severall Manucaptors acknowledged And that the said Plaintiffe then and there altogether refused to receive or Charge the said Davenant in Execution for the said 208 l. 13 s. 4 d. And this they are ready to verify c. the Plaintiffe protesting saith that he never refused c. And for that he did not render his body pro ut c. issue per Pais And it was moved by Serjeant A. that the same ought to be tried by the record and not by the county See Easter 6. H. 8. Rot. 432. And in this case divers presedents were shewed as well of Ancient as of moderne times M. Easter 12 H. 8 Rot. 324. and Easter 29. Eliz. Rot. 651. T. 12 H. 8. Rot 331. Easter 6. Ja. Rot. 105. such rendring their bodis in execution in discharge of their Manucaptors but note that there is no tender but to discharg the bail See M. 27. ort 37. Eli. Rot. c. Trin. 16. Ia. Rot. 786. tender of the body in execution to discharge the baile P 14. Ia. Rot 2175. W. against B. who tendred himselfe in execution in discharge of his sureties the Plaintiff praies him in execution and the Court will advise themselves of such commitment for that a writ of Error was brought and the Record with the Recognizance certifyed away but at length he was committed in execution notwithstanding the writ of Error in discharge of his Sureties H 9. H. 5. Rot. 461. Henster Bristoll ss Extent upon a Statute-merchant by an Executor It was commanded the sheriff that he should take the body of W. C. late Burgesse and merchant of the Town of Bristoll if c. And in the prison of the Lord the King safe c. untill he shall have fully satisfied unto R. Scot and William Scot executors of the testament of Iohn B. late Burgesse of the Town of Bristoll of 120 l. which the said W. Coombe the third day of Aprill An. R. Rich post conques se 5. before W. C. then Mayor of the City of B. and I W. then Clerke deputed to take Recognizances of debts at B. acknowledged himself to owe to the said I. B. And which they ought to have paid him at the Feast of the apostles Philip and Jacob then next and the same to him as yet c. and in asmuch c. he should make knowne to the Justices here at this day to wit in Oct. Pur beat Mariae c. And now came the said Thomas Stanford on the behalfe of the said executors And the said W. Combe came not and the sheriff retorneth that he is dead and hereupon the said Thomas Stanford prayeth a Writ thereof by the statute c. and because the Justices here are not yet advised whether they ought to grant that Writ at the petition of the said Thomas in this case or not 2 R. 3 f 8 Pl. 16. P. 2 Eliz. Dyer f. 180. Pl. 49 H. 18 E. f. 10. Pl. 35. against this Sci faâ— day therein is given to the said Executors by the said Thomas here untill 15. Pas At which day here the said Thomas Stanford and T. B and I B. who answer for the said Executors as their attornies by writ of the Lord the closed directed to the Justices here to them delivered and pray a writ by the statute And because the Justices here are not yet advised whether that writ ought to be granted at the petition of the said attornies Dyer f. 180. 49. e conâ—r quaere in this case or not day is given therein to the said Executors by their attornies here untill in Octo. S. Trin. At which day here came the same Executors by the said Thomas Stanford their attorney and they bring here into Court the statute aforesaid and also the letters Testamentary of the said Io. Barstable by which it sufficiently appeareth to the Court here the said Robert and William to be the Executors of the Testament of the said I. B. and thereof to have the administrations c. and pray thereof a writ by the statute c. and to them it is granted retorneable here A die S. Mich. in un Mensem c. and in asmuch c. the sheriff should make known here at the same Term c. before which day the Plaintiffe aforesaid remaineth without day for that the Lord Hen. late King of England the 5 after the conquest dyed afterwards to wit in the Term of S. Hil. An. 1. Hen. 6. now King of England after the conquest namely the same W. Scot executor by the same Thomas Sanford his attorny and for that the same W. S.
untill the debt aforesaid be levied and upon a judgment that the first recorder is satiâ—fied he shall have such a Scire fac against the first creditor to remove him and to have the lands delivered upon the second extent 38 E. 3. 12. 6. whereas it was considered that in the Court of the Lord the King here that Edward B. Knight should have execution against Thomas Coney late of c. otherwise called c. aswell of a certaine debt of 80 l. which the same Ed. otherwise in the Court of the Lady Elizabeth late Queen of England here to wit in Mich. Term An. of the Reigne of the said Lady the Queen 39. and 40 had recovered against him as of 50 s which to the same Ed. in the same Court were adjudged for his damages which he had by occasion of the detayning of that debt whereof he is convicted And the same Edward afterwards came into the Court of the Lord the King now here and by the statute in such case provided chose to be delivered to him all the goods and chattles of the said T. besides his Oxen other necessaries for the plough likewise the moyety of all his lands and Tenements in the County of Staff to hold as his Free Tenements to him and his assignes according to the statute aforesaid untill he had levyed the debt and Damages thereupon whereupon the King by his writ commanded the sheriff of Staff that all the goods and chattles of the same T. besides his Oxen and necessaries of his Plough and likewise all his lands and Tenements in the County of Staff whereof the same T. in Cr. Anim. An. of the Reigne of the late Queen 39. or at any times afterwards was seised or possessed without delay he should cause to be delivered to the said Edward by a resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattles And also to hold the moyety aforesaid as his Free Tenement to him his assignes according to the Form of the statute aforesaid untill he had levied the debt Damages aforesaid thereupon and in asmuch c. the sheriff should make to appeare here in Crast Anim. An. Regni Rs. nunc 9 and the same sheriff here then returned that he by vertue of the writ aforesaid to him directed had take a certain Inquisition before him at Stafford in the same County of Staff the 22. day of October last past by the Oath of 12. c. by which it was found that the same T. after the Judgment in the same Writ specified given to wit the 20 day of November before the taking of the inquisition aforesaid was seised in his Demesne of Fee of and in the Mannor of W. Coney with its Rights members and appurtenances in the said County of Saff of the yearly rent in all issues besides reprizes 40 s. and recite the return of the inquisition word for word untill in all issues besides reprizes 20 s. And further by the Inquisition aforesaid it is found that the same T. C. at the time of giving of the judgment in the Writ aforesaid specified or at any time afterwards untill the same day of taking of the inquisition aforesaid had no other or more land or Tenements nor any goods or Chattels in the same County of Stafford to the knowledge of the Jury of the Inquisition aforesaid further the same sheriff then there returned that he by vertue of the Writ aforesaid the moyety of the Mannor and Tenements aforesaid above mentioned to be extended to the same Edw. B. according to the exegency of that writ he could not cause to be delivered for that the Mannor aforesaid and all other the premisses with the appurtenances by vertue of an other writ of Extent and Liberi fac to him before therein directed the eight day of January last past to one H P. made to be delivered All and singular which premisses with the appurtenance in the hands of the same H. yet are and remaine by occasion thereof And as to any further execution of the said writ nothing by the said sheriff was further acted therein As by the Record thereof in the Court here remayning manifestly appeareth although after the taking of the Inquisition aforesaid the 8. day of November An Regni of the said Lord the King now of England the 9 th abovesaid it is satisfied to the said Humphery by the said T. Coney of his debt and Damages in the said other Writ specified And although also the said Edward be not yet satisfied of his Debt and Damages aforesaid Notwithstanding the same Humphery yet keepeth possession of the lands and Tenements aforesaid with the appurtenances Generall avermant of satisfâ—ction as by the information of the said Edward the King understandeth And the same Lord the King being willing to do to the said Edw what is just and consonant to reason doth command the sheriff that by honest c. he should make knowne to the said Humphery that he should be here at this day to wit Cr. S. Trin to shew if any thing c. wherefore the same Humphery whereas he is satisfied of the Debt and Damages aforesaid in Form as aforesaid The possession of the Mannor Tenements aforesaid with the appurtenances he would hold or ought and row here at this day came aswell the said Edward by Iohn Richards his attorney as the same Humphery by R. G. his attorney and hereupon the same E. prayeth judgment and that the same H. from his possession of the Mannor and Tenements aforesaid with the appurtenances may be removed And that the said Edward into the possession of the moyety of the same Mannor and Tenements with the appurtenances may be restored so that the moyety of the same to the said Edward according to the extent aforesaid may be delivered c. ANd the said Humphery reserving to himself all and every advantatages and exceptions Speciall imparlance aswell to the Writ as to the declaration a-aforesaid prayeth license thereof to imparll untill Oct. S. Mich. and hath it c. the same day is given to the said Edward B. here c. At which day here came aswell the said Edward as the said Humphery by their attornies aforesaid And hereupon the same Edw as before prayeth judgment and that the said H. from his possession of the mannor and Tenements aforesaid with the appurtenances may be removed and that the moyety of the same Mannor and Tenements aforesaid with the appurtenances to the said Edward according to the Extent aforesaid may be delivered c. And the same Humphery nothing in Bar or delay of the judgment aforesaid saith whereby the same Edward remayneth against the same H. therein without defence Therefore it is considered that the same Humphery from the possession of the mannor Tenements aforesaid with the appurtenances be removed c. And that the moyety of the same Mannor and Tenements
Deputy sheriff of the County aforesaid in Forme of Law to be Executed c. by proclamation thereof made according to the forme of the statute c. Entry of a summons in a Qâ—ar imp with the essâ—ine and an attachment awarded for default H 2. Jac. rot 192. North. G C. Esquire by his Attorney offered himselfe the fourth day against Thomas Bishop of the Burrough of Saint Peter otherwise Peterburrough and William B. his Clarke that they permit him to present a fit person to the Church of W. which is void and belongeth to his gift c. and they came not and they had therein day to wit the same Bishop by essoine here untill in Octab. Sancti Hillarii last past and the said W. hath day therein by his Essoine here untill this day to wit in Octob. Pur B. Mariae after they were summoned c. judgement that they be here 15. Pasch c. H 10. Jac. rot 20. Wollaston Eber. ss Speciall entry of a summons in quare Imp. and the she iff returns tarde and an al sum awaâ—ded It was commanded the sheriff that he summon by good summoners George bishop of C. E. C. Gent. I.T. Clark that they should be here at this day in Oct. Pur. B. Mariae to answer M W. Knight and F. S. Esquire of a plea that they suffer them to present a fit person to the Church of S which is void and belongeth to their gift and now here at this day came the same M. and F. by their Attorney and the sheriff to wit C.H. Knight now returneth that that writ was delivered to him so late that for the brevity of time hee could not execute it as by the said Writ it was commanded him therefore as before it is commanded to the said sheriff that he summon by good summe oners thsame Bishop E. and I. that they be here 15. Pas to answer to the same M. and F. in the plea aforesaid c. P 11. Iac. rot 20. Wellaston ss It was commanded the sheriff Entry of an al sum â—n a quar imp â—n feverance and an attachment awâ—rded against the defendant as otherwise the King had commanded the said sheriff that he should summon by good summoners G. Bishop of E. E. E. Gent. and I. T. Clerke that they should be here at this day to wit 15. Pasch to answer as above And now here at this day came the same Marmaduke by A. B. his Attorney and the said F likewise plaintiff c. the fourth day of the plea being solemnly called came not and hereupon the same M offereth himselfe the fourth day against the said Bishop E and I in the plea aforesaid and they came not and the sheriff now returneth that he had summoned c judgement they be attached that they be herein Cro. Trin. and it is commanded to the same sheriff that hee summon by good summoners the same F. that he be here at the said Terme to follow against the said Bishop E and I his plea aforesaid together with the said Marmaduke if c. Surrender H 1 Iac. rot 1699. Brownlow ss Surrender of a Philizers office see the old book of entries f 442 title de office and officers Be it remembred that the thirteenth day of February that same Terme came here into Court Edward Pytt Knight Philizer in the same Court as well of London as of the County of Middlesex Huntington and Cambridge in his proper person and of his own accord surrendred into the hands of Edmund Anderson Cheif Iustice of the Lord the King of the Bench here his office of philizer aforesaid to the use of Iames Pyt Knight whom the said Cheife Iustice as the Custome is freely admitted to the same Office to hold occupy and have to him as his free Tenement according to the custome of the Court aforesaid in the whole time aforesaid used and approved The oath and presently the same Iames Pytt upon the taking of his corporall Oath as the custome is well and faithfully to behave and carry himselfe in the office aforesaid Put into possession put and constituted him into the corporall possession of the same Office to hold occupy and have the same in forme aforesaid with the Fees and profits incumbent to the said office and anciently due and accustomed c. SEE Hill 13. Iac. rot 732. the like in Ady and Maydwell H 10. Iac. rot 3279. in Gulston and Mill. T 28. H. 8. rot 511. Surrender by Pateshal Philizer of Essex and Hertford T 22. Iac. rot 2085. Surrender by the Philizer of Norfolke Lambe to Thelwall M. 28. H. 8. rot 108. T. 33. H. 8. rot 1. T. 3. and 4. Philip and Mary rot 904. T. 1. C. Reg. rot 958. Grant of the office of the Philizer of W. made by H. P. after the death of Plumstead by the Lord Hobart Supersedeas Supersedeas to a Cap. iâ— Withernam quia inconsult emanavit and aver elongat returned thereupon and a cap Withernam awarded for the Defendant against the plaintiff upon a writ of Plur. repleg Aver elongat returned upon the plur replevin Câ—pias in With rnam of the Ca tell of Defendant awarded for the plaintiff 3. El. Dyer fol. 189. pl. 12. P 8. Edwardi 4. rot 106. Surrey ss Be it remembred that the Iustistices here in Court the fourteenth day of May that same Terme delivered here to W.F. Deputy sheriff of the County aforesaid a certain writ of the Lord the King now closed directed to the said sheriff under forme of Law to be executed which said Writ the same W. opened here in Court the Tenor whereof followeth in these words Edward by the grace of God King of England and France and Lord of Ireland to the sheriff of Surrey greeting Whereas lately by our Writ as more times we have commanded you that justly and without delay you should replevy to W.W. and T. M. his cattell which I. L. took and unjustly detained as he saith or that you your selfe should be before our Iustices at Westminster 15 Trin. last past to shew wherefore you have contemned to execute our commands so often to you therein directed and then to our said Iustices at Westminster at the same 15 Tr. hast returned that those cattell aforesaid were enlarged to unknowne places by the same I. so that you could not have sight of them and that you could not replevy the said Cattell to the said W. and T. wherefore we have commanded you that you should take of the cattell of the said I in your Bailiwick to the value o the saâ—d cattell of the said W and T in Withernam and shouldest deliver them to the said W and T to be kept untill the said Cattell of the said W and T you could redeliver to the same W and T and in as much as you shall execute this our precept Pone Def. ad respondend of the taking of the cattell with a repleg fac of
London It was commanded the sheriffs whereas I. N. late of c. lately in the Court of the Lord Edward late King of England the 6 Venire fac to account against Tenant in Elegit and judgment against the Tenant and reliberate awarded before the Justices of the same late King of the Common bench here by the consideration of the same Court recovered against T. D. c. aswell a certaine debt of 400 l. as 6 l. which to the same I. in the same Court of the said late King were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted And the same I. afterwards to wit the 28. day of N. An. Reg. nunc primo comming into the Court of the said Lady the Qu. now before the Justices of the said Lady the Queen of the bench here to wit P 2 3 P. M â—ry rot 926. or 126. Dyer fol 1. Pl 6. 4 H 8. at Westminster close to be delivered to him c. to hold c. and prayeth a writ thereof to the then sheriff of the said County of War to be directed which was granted to him whereupon the Lady the Queen now by her writ commanded the then sheriff of War that all good c. to hold c. and how far he shall execute that precept he should make appeare to her Justices at Westminster 15. Hillarii and that then he should have there that writ at which said 15. Hillarii R. T. Knight then sheriff of the said County of Warr. to the said Justices of the said Lady the Queen of the Common Bench here to wit at Westminster retorned that he had done execution upon the lands and Tenements which were of the the same T. the same day of the judgment aforesaid thereon given And that a moyety thereof to wit one Parke c. which amounted by the yeare in all issues besides reprizes to 62 l. the 13. day of I. An. abovesaid and delivered them to the said I. N. according to the value and extent aforesaid to hold as his Tenement to him and his assignes untill the 300 l. See the old Tenures fol 123 E according to thi writ of Ven fac for the debt and damages aforesaid be thereof levied and further the said sheriff to the said justices of the said Lady the Queen here to wit at Westminster aforesaid retorned that 105 l. in ready moneys which were of the said T. the same day of the judgment aforesaid therein given he likewise delivered to the same I. to hold to him the goods and Cattle aforesaid as his owne goods and Chattles for the residue of the said 105 l for the Debt and Damages aforesaid And because the King and Queene now by the information of the said T. B. know Suggestion that the Pla. had levied a 100 l. above the debt and damages in cutting downe woods See Fâ— tit Scire Fac. Pl. 101. P. 32. E. 3. that although the said moyety of the said Lands and Tenements of the same T. B. so delivered to the said I. M. did only extend unto 62 l. notwithstanding the said I. N. aswell of the issues and profits of the moyety aforesaid whose true value doth extend it selfe to a greater value then the extent aforesaid as also of the woods and under-woods growing upon the same moyety by the same I. N. lately cut downe and solde 150 l. above the said 406 l. for the Debt and Damages aforesaid hath now levied whereupon he supplicates the King to be by the King and Queen provided of a fit remedy A Venire fac awarded ad Computandum de Exit deterie bosci And the said King and Queen willing to do what should be just to the said T. in that behalfe commanded the sheriffs of London to cause to come here 15. Pas the said I. N. to account with the same B. of the moneys received aswell out of the issues and profits of the moyety aforesaid according to the true value of the same from the time of the delivery aforesaid as of the woods and under-woods of late growing upon the said Moyety by the same I. N. cut downe and sold And further to shew if any thing c. wherefore the said moyety delivered before to the said I. N ought not to be delivered to the same T.B. if c. Non inventu returned Testat cap. awarded to the sheriff of Mid. ad compuandum quaere de hoc The parties come by attornies Vic. retorneth a Sup. At which said 15. Pas came the said T. B. by F. M. his attorney And the sheriffs to wit T. and I. now retorned that the said I. is not found c. And hereupon it is testified in the Court of the King and Qu. here that the said I.N. doth hide and run from place to place in the county of Midd. Therefore it is commanded to the sheriff of the said County of Midd. that he take the same I. N. if c. and safely c. so that he may have his body here tres Trin. to accout and shew in Form aforesaid c. And now here at the said tres Trin. came aswel the said T. B. by his attorney aforesaid as the said I. N. by F. M. his attorney and the sheriff of Midd. to wit T. and F. now retorned that after the receipt of the said writ of Capias I. N. delivered to the said sheriff a Writ of the Lord the King and the Lady the Queen of Sup. by which Writ the same sheriff as to the taking of the same I. N. could not proceed And hereupon the same T. B. saith that after 15. Hillarii An. Regin 1. Count upon the venire facias aswell of the issues and profits of the moyety aforesaid whereof the true value did amount to a great summe of money to wit 62 l. by the yeare above the extent aforesaid as also for the wood to wit Registred judiciale fo 14. such a writ against tenant by Elegie of 1200 Oakes and 340. Beech Trees and under-woods to wit C. cart loade of underwood to the value of 200 l. late growing in the said Moyety late cut down and sold by the same I. N. Cl. above the said 206 l. levied thereof for Debt and Damnges aforesaid whereupon he prayeth judgment and that the said I. N. may account with the said T. B. c. and also prayeth delivery of the Tenements aforesaid to the said T. B. to be done c. Nil dic ANd the said I. N. defends the force and wrong when c. And nothing in bar of the action of the said T. B. aforesaid wherefore the said I. of the moneys received of the premisses aforesaid to account with the same T. nor wherefore the said moyety to the same I. N. before delivered ought not to be redelivered to the same T. saith neither sheweth whereby the same B. Iudgment that he should account and