and lawfull Knights of his County and in his proper person came to the same Court of the said G.W. and in full Court there held the tenth day of May An. c. 13. abovesaid and caused to be recorded the Plaint aforesaid which was in the same Court without the Writ of the said Lady the Queen between the parties aforesaid in the Plea aforesaid And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court of those who were present at the same Record And had prefixed the same day to the parties aforesaid that they should be here to proceed in the same Plaint as shall be just And now here at this day came as well the same Marquesse by Rich. Lee his Attorney as the same Eliz by W. Plomer her Attorney Judgment that the cause is insufficient to remove the cause and a writ of Procedendo is granted whereupon the cause aforesaid being seen in the Writ aforesaid recited It seemed to the Justices here that cause to be insufficient in Law to remove the Plaint aforesaid out of the same Court of the said G.W. of his Mannor aforesaid And that the Court of the Queen here ought not to take Cognizance of the Plea therein And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid Therefore it is considered that the same Bayliffs notwithstanding the Writ aforesaid in the Plaint aforesaid according to the Law and Custome of the Mannor aforesaid at the prosecution of the said Marquesse proceed with effect and that they exhibit to the parties aforesaid full and speedy Justice therein according to the custome of the Mannor aforesaid c. P. 11. Iac. Rot. 2215 ss Entry of a writ of Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damages in the plaint are under 40 â— The Lord the King sent to the Sheriff of Lincoln his Writ closed in these words Iames by the Grace of God c. to the Sheriff of Lincoln greeting We command you that taking with you four discreet and lawfull Knights of your County In your proper person come to the Court of Edward Dymock Knight of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court without our Writ between I. c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said And have that Record before our Justices at Westm Mense pas under your Seal and the Seals of four lawfull men of the same Court who shall be present at that Record and that you prefix the same day to the parties that then they should be there to proceed in the same Plaint as shall be just and have you the names c. Teste c. because the same Defendant for the favour which the same Plaintiff hath in the same Court cannot have Justice there as it is said Let execution be done upon that Writ if the cause be true and the same Defendant shall desire it or otherwise not And now here at this day to wit at the same Mens pas I. L. Knight Sheriff of the County aforesaid returned that he by vertue of the Writ aforesaid took with him I. D. R. R. I. D. and F. Fenn four discreet and lawfull men of his County in his proper person came to the Court of Edward Dymock aforesaid and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ And the Record thereof hath before the said Justices here at the same Mens pas under his Seal and the Seal of I. Hart R.S.I.N. and W. Stoke four lawfull men of the same Court who were present at that Record and prefixed the same day to the parties that then they should be here to proceed in the Plaint aforesaid as should be just Horncastle cum Soca ss At the Court of Pleas of Edward Dymock Knight Tenant or Farmer of the Reverend Father in Christ H. Bishop c. held such a day and year c. T. complaineth against W. late of c. of a Plea of Trespasse upon the case Pledges to prosecute Io. D. R.Ro And now here at this day came the same T. by R.O. his Attorney Cause alledged for a Procedendo because the damages exceed not 40 s. and the Common Bench cannot take cogâ—izance of the plea. and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings And for that cause prayeth a Writ of the Lord the King de procedendo in this behalf to be granted him And because the same W. nor any other on the behalf of the said W. came not nor alledged any thing in Court here to the contrary for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint do not amount to forty shillings in which case it belongeth not to the Court here to hold Plea thereof It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid may further proceed in the Plaint aforesaid between the parties aforesaid Therefore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid that they further proceed in the Plaint aforesaid according to the law and custome of his Soak of the Mannor aforesaid the same Writ of the said Lord the King Procedendo awâ— ded non obstante c. before therein to the same Sheriff directed notwithstanding And that they exhibit full and speedy justice therein to the parties aforesaid according to the Law and custome of his Soak of the Mannor aforesaid should be to be done c. Allowance H. 3. I. Rot. 220. c. Brownlow Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity The Lord the King sent to his faithfull and beloved George Kingesmill Knight one of the Justices of the said Lord the King of the Common Bench his Letters Pattents in these words James by the Grace of God of England Scotland France and Ireland King Defender of the Faith To the Treasurer Chancellor Chamberlain and Barons of our Exchequer And also to our faithfull and beloved George Kingesmill one of our Justices of the Common Bench greeting Know yee that we considering the debility of the body of the said George K. broken with infirmities and old age And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench which he is wont to undergo as in the Letters Patents c. And
follow in these words Henry by the Grace of God c. to the Sheriff of Kent greeting whereas in the Statute in the Parliament of the Lord Henry late King of England our Father at Westminster lately held amongst other things it was ordained and established that such who are Sheriffs Bayliffs for one year should not be in any such Office for three years next following except Sheriffs Bayliffs whose Sheriffaldries are Hereditary And you by your Oath lately taken are bound firmly to observe the statute aforesaid And we have understood that N. K. one of your Bayliffs of your County which Sheriffraldry is not hereditary to you as it is said hath continued by more years in the same Office against the form of the statute aforesaid we willing inviolably to observe the statute aforesaid command you as other times we have commanded you that if it be so that then you remove without delay the same N. from his said Office and suffer him not further to execute in the same Office in the County aforesaid against the form of the statute aforesaid or signifie the cause to us wherefore you have non-obeyed our command at another time therein to you directed Teste humfr Duce Glouc. Keeper of England at West 17. Febr. An. Reg. nostri 9. Capias ad Satisfaciendum Entry of a Testat Casam for residue of a debt whereof parcell was levied upon a Testat Fi. fac Here the return of nulla bona by the Sheriff of Wilts is not recited which ought to have been Parcell levied nulla bona returned P. 6. H 8. rot 158. T. 5. Eliz. rot 381. Cap. after Elegit after an nihil is returned Non invent returned Testat casam awarded to the Sheriff of Glouc. T 13. Jac. Rot. 632. Brownlow C. Glouc. ss The Sheriffs were commanded that of the Lands and Chattels of R.F. c. otherwise called c. Gent. they would cause to be made as well a certain debt of a hundred and sixty pounds which R. F. in the Court of the Lord the King now here recorded against him as eighty shillings which to the same R. in the same Court of the Lord the King here were adjudged for his damages which he had by occasion of detaining of that debt And that he should have those monies here at this day to wit in Cro. Trin. to render to the same R. for his debt and damages aforesaid whereof he was convicted And now here at this day cometh the same R. by J. T. his Attorney and the Sheriff to wit R.B. Esquire now returneth that he by virtue of the Writ aforesaid to him directed of the Lands and Chattels of the same R. in his Bayliwick caused to be made sixty shillings parcell of the debt and damages aforesaid And further that the said R. had no other Lands and Chattels in his Bayliwick whereof he could make the residue of the debt and damages aforesaid or any parcell thereof hereupon the same R. prayeth a Writ of the Lord the King to be directed to the Sheriff of Witls where his originall Writt first issued to take the said R. to satisfie to the said R. of a hundred and sixty one pounds residue of the debt and damages aforesaid And it is granted to him returnable here Tres Trin. whereupon it was commanded the Sheriff of Wilts that he take the said R.F. if c. and safely c. that he may have his body here at the said Tearm to satisfie the said R. of the residue of the debt and damages aforesaid in form aforesaid And now here at this day to wit tres Trin. came the same R. by his Attorney aforesaid And the Sheriff now returneth that he is not found c And hereupon it is testified in the Court of the said Lord the King here that the said R. doth lye hid and run from place to place in the said County of Glouc. Therefore it is commanded to the Sheriff of Glouc. that he take the same R. if c. and fafely c. so that he have his body here in Cro. Annimarum to satisfie the said R. of the residue of the debt and damages aforesaid in form aforesaid c. Capias pro fine and entâ—y of an Exigent thereupon H. 26. Eliz. Rot. 1737. c. Ford. Angl. ss The entry of an Exigent upon a Capias pro fine T. 26. Eliz. Rot. 2148. c. Ford. Monmoth Lennard Custos br Crompton Chirographer Comâ—osition made by the Justices for Fines in Monmoth a composition made by the Justices for Fines in Monmoth shire SVff ss Hil 41. Eliz. Rot. 2118. ss It was commanded the Sheriff that of the goods and Chattells which were of R. S. of Entry of a Casam after a Fâ—fac and special return de devastavix against the Executrix upon the Inquisition c. at the time of his death in the hands of A. F. and M. his wife Executrix of the Testament of the said R. in your Bayliwick he cause to be made as well a certain debt of sixty pounds which T. B. in the Court of the Queen here to wit at Westm recovered against the said R. Smith as twenty shillings which to the said T. in the same Court of the said Queen were adjudged for his damages which he had by occasion of detaining of that debt And that he should have the monies before the Justices of the Lord the King here to wit at Westm Mens Mich. to satisfie the said T. of the debt and damages aforesaid whereof he was convicted And whereupon it was considered in the same Court that the said T. should have execution against the same A. and M. of the debt and damages aforesaid of the Goods and Chattells which were of the same R. at the time of his death in the hands of the same A. and M. to be administred by default Recitall of the Testat fi fac de bonis testatoris Suggestion de bien And whereupon our Sheriffs of London returned to the Justices here to wit at Westm tres Trin. last past that the said A. and M. had no Goods or Chattells which were of the said R. at the time of his death in their hands in their Bayliwick to be administred whereof the debt and damages aforesaid or any parcell thereof they could cause to be made whereas it was testified in the same Court here that the said A and M. had sufficient of Goods and Chattells which were of the said R. at the time of his death in their hands in your Bayliwick to be administred Vic Mandavit ballino libertatis Nulla bona Suggestion that the Executor wasted divers goods with the intention that execution might not be done whereof they might cause to be made and levied the debt and damages aforesaid And the same Sheriff to the Justices here at that day returned that for the execution of that Writ he had commanded the chief Bayliff of the Lady the Queen of her liberty of
Court having taken their oath were examined by the said Court here whether they were conscious or consenting to the rasure and alteration of the said Writ and to the taking and arrest aforesaid who sayd that not and the same Executors being conferred with by the Court here that they would have done against the said T T in this behalf or require who say that if the said T T by vertue of the Writ aforesaid here shewed in Court or by vertue of the judgment aforesaid against the same T here remaining upon record and to the Justices here in Court shewed The Justices will advise ought to remain in execution for the debt and damages aforesaid by the Law of the Land then the same Executors prayeth Execution against the same T T and that he may be committed to the prison of the Fleet for the said debt and damages and hereupon it is said to the said Executors by the Justices here that the same Justices wil advise themselves at another day therein for that not as yet c. And aftrwards to wit the fourteenth day of November then next following all which premisses aforesaid with their circumstances The writ is received and filed and the Defendant at the prayer of the plain iffs is committed in execution The Delinquents come to the Barr and pray to be discharged and are discharged One makes a fine before he be discharged Admitted to his fine at a hundred shillings by pledges The Sheriffs are fined at ten l. The Prothonotary of the Bench payes the fine by him received of the party for a misdemeanour to the barons of the Exchequer by the commandement of the Justices of the Bench. by the same Justices here being fully examined seen and understood upon great diligent advisement and consultation by the Court here in that behalf before had the Writ aforesaid by the Court here is received and filed and the same T T at the petition of the said Executors for the debt and damaâ—es aforesaid by the same Court here is committed to the prison aforesaid there to remain untill c. And afterwards to wit the sixteenth day of November then next following came the same I F. S T and W Y in their proper persons brought here to the barr by the Keeper of the prison aforesaid and pray that they may be delivered from the prison aforesaid c. Whereupon the same S. F. and W. by the Court here by occasion of the premisses out of the prison aforesaid are discharged and set at liberty and it is said to the Court here that the same I F that he should make a Fine with the said Lady the Queen by occasion of the premisses before he should be delivered out of the prison aforesaid and hereupon the same I prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the premisses and is admitted at a hundred shillings by pledge therefore the same I go therein quiet c. And that he should be delivered and discharged from prison to go at large c. And afterwards to wit the same sixteenth day of November came here into Court the said W. and E. I. late Sheriff of the County of Middlesex in their proper persons and pray themselves to be admitted to make a fine with the said Lady the Queen by occasion of the premisses and are admitted for ten pounds paid into the Court here by the hands of the said H. M. late under-sheriff of the said late Sheriff to the said R. L. to the use of the said Lady the Queen which said ten pounds the same R. L. the eight and twentieth day of November then next following by the command of the Justices aforesaid before the Barons of the said Lady the Queen of her Exchequer in full Court there brought and by the command of the same Barons paid it to one I. H. to the use of the said Lady the Queen therefore as well the said I. D. as the same E. I. and the said Humphry M. as the said Richard Love of the said ten pounds are quiet c. Entry of a Habeas corpus and commitment of a prisoner to the Fleet in execution in the Terme time at the cheif Iustice his chamber the writ bore teste 4 July 1â— Jac. And note that the Term ended 5 July 18 Jac. and the party was committed to the Fleet in the Term from the Judges Chamber in Serjeants Inn in the afternoon and the Iudge delivered the Commitment to be inrolled the next day being the last day of the term T 18 Jac rot 3060 Brownlow London ss It was commanded the Sheriffs of London that they should have the body of Leonard Bawtry Serjeant at Law by whatsoever name reputed in the prison of the Lord the King under the custody of the same Sheriffs together with the day and cause of his taking and detaining before H H Knight and Baronet cheif Justice of the said Lord the King of the Common Bench at his chamber scituate in Serjeants Inn in F street L T. 17. Jac. rot 3094. 3279. 3270. 2871. 2000. 2170 T 24 Eliz. rot 2142. the like immediatly after the receiving of this Writ that the same Cheif Justice seeing the cause aforesaid may do in that behalfe what of right according to the Law and Custome of the Realm of the Lord the King of England and the liberties and priviedges thereof ought to be done and that they should have then there that Writ afterwards to wit the fifth day of July Anno Reg. c. 18. immediatly after the receiving of the said Writ before the same cheif Justice at his chamber aforesaid came the same Leonard in his proper person under the custody of R. D. and I. C. Sheriffs of the City aforesaid and the same Sheriffs to the said cheife Justice then and there returned that the execution of the said Writ did appear in a certain Schedule annexed to the said Writ the Tenor of which said Schedule followeth in these words London ss We R.D. and I. C Sheriffs of the City of London do certifie to H. H. Knight and Baronet Cheif Justce c. that before the comming of the said Writ annexed to the Schedule to wit Return of the causes by the Sheriffs the fourth day of July Anno c. 18. Leornard B. Serjeant at Law in the same writ named was taken in the City aforesaid and kept in the prison of the said Lord the King under the custody of us the said Sheriffs by virtue of a Writ of the said Lord the King directed the Tenor whereof followeth in these words James c. To the Sheriffs of London greeting Attach Leonard B. one of the Serjeants at Law otherwise called L. B. of Boston in the County of Lincolne Serjeant at Law otherwise called L. B. De Boston in Com. Lincoln ob ad legem so that you may have him before our Iustices at Westminster on wednesday next
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.
the Court here made that the same Iohn who otherwise to wit the second day of August Ano. 3. R. nunc before Iames Story Lon. and Robert Cotton Esquires by vertue of a certaine writ of the Lord the King de Dedmi Potestatem to them and certaine Thomas Hutchison and Robert Smith Esquries directed to give power to three or two of them to take the acknowledgment which the same Iohn before the said I. S. K. C. T. H. and R. S. three or two of them would make upon which said writ of covenant depending before the Justices of the said Lord the King of the Common Bench between certain Tho. Fortesceu Esq and Io. Slany and the same Io. Zouch of the Mannor of Alfreton ali Awfreton with the appurt and of 120. Mes 100. Cottages 500 tofts 4 Mils c. with the appurt in A. otherwse A.S. otherwise S. S. otherwise S. c. And also of the profits of the markets and Faires and Toll in A. otherwise A. in the same County of Derb. acknowledged the Mannor Tenements Rents and Profits aforesaid to be the right of the same Thom. and the same remised and quit claimed from him and his heires to the same Thomas and Iohn Slany and the Heires of the same Thomas for ever at the time of that acknowledgment upon thâ— writ aforesaid was and yet is within the age of one and twenty years Therefore it is considered by the court here _____ of May that same Terme that the acknowledgment aforesaid by the same Io. Zouche before I. S. and Rob. Cotton made is void and of no Force in Law and that as well the said Writ of Covenant as the said writ of Dedimus Potestatem are quashed and adnulled and in the Files of the writs of this Court are not to be received or Filed nor that any record be made thereof in the court here Brev. de Gardiano admittendo H 10. J. Rot. 2002. Brownlow ss Entry of a Writ De gardiano admittend in a Writ of Partition M 22 Jac Rot 554. the like in debt T 33 Eliz Ro 1556. like in Dower Int. S. G. The King sent to the Justices here his Writ closed in these words James by the grace of God of England c. To his Justices of the Bench Greeting Know ye that we have admitted Nicholas S. Gent. the Gardian of Mary B. and Grace B. Daughters and heires of Richard Barret Esq being within age as is said to prosecute and defend the Sute which is before us by our Wirt between the same Rich. Barret and one Ralph Raulin in a Plea of making partition as is said And therefore we command you that you admit the same in Gardian of the same M. and G. to prosecute and defend the Plaint aforesaid Witnesse our selves at Westminster the 19. day of May An. 10. and 45. Habeas Corpus ss IT was commanded the sheriff as more times it was commanded to the same Sheriff that he should have here at the third day Entry of a Hab. corâ— in a plea of debt and the Sheriff returneth that he was not taken nor ever in his custody And a Writ awarded de distring nup vic to wit ter die the body of E. T. c. whom by precept of the Lord the King he took and him detayneth and the same sheriff to the Justices here ter die last past retorned to answer T. S. in a plea that he render unto him 20 l. which he oweth and unjustly detayneth c. And now here at this day came the said T. by T.C. his Attorney and the sheriffe retorneth that the said E. was not taken by the said sheriff by vertue of any writ either is or ever was in the custody of the said sheriff either by I. N. Knight his Predecessor by indenture between him the late sheriff or the said sheriff to the sheriff now was over delivered And therefore the body of the said E. before the Justices here at this day he could not have Distring nup vic Therefore it is commanded to the sheriff now that he distrain the said late sheriff by all his lands c. and that of the issues c. so that he may have here 15. Martini the body of the said E. whome to answer to the said T. in the Plea aforesaid c. Entry of a Writ of Hab corp upon priviledge wi h the recognizance H 12. Iac. Rot. 2271. It was commanded the Mayor Aldermen and sheriffs of London and every of them whereas it was shewed to the Lord the King now on the behalf of Peter Furb that whereas he and every leige man of the Lord the King in coming to the Court of the said Lord the King of common Bench here to wit at Westminster to prosecute or defend any plea or writ there ought to be under the protection of the said Lord the King and customs according to the Liberties and Privileges of the same Court from the time whereof the memory of man is not extant used and approved in the same Cause of priviledges Notwithstanding some malevolent indevouring much to prejudice the same Peter the same Pet. after he came to the Court here to consult with his Councell and attorny to have their advice in a certaine plea of debt upon demand of 30 l. prosecuted by the same P. in the said Court of the Lord the King against one James Robinson wherupon the parties aforesaid pleaded to issue of the Country to be tryed in London to be arrested by the ministers of the said Mayor Aldermen and Sheriffs and in the Prison of the Lord the King under the custody of the said Mayor Aldermen and Sheriffs procured to be detained unjustly to the imoderate dammage and grievance of the said Peter and against the liberties and Privileges aforesaid whereupon he supplicated to the Lord the King to exhibet to him a remedy the said Lord the King willing to do to the same P. in that behalf which was just and consonant to reason and inviolably to observe the liberties and privileges aforesaid That if the same Peter should be detayned in the prison aforesaid under the custody aforesaid Then the same Peter by whatsoever name reputed together with the day and cause of his taking and detaining they should have or one of them should have before H. Hobert Knight and Baronet Cheife Justice of the said Lord the King of the common bench at his chamber Scituate in Lincolns Inn in the county of Midd. immediately after the receit of the said Writ Hab corp rem immediatly before the Chief that the same cheife Justice of the Lord the King seeing the cause aforesaid should do in that behalf what of right and according to the law and custome of the Lord the King of England and the liberties and privileges aforesaid should be don and that they should have then there that writ Afterwards to wit the 24. J that same Terme the chief Justice delivered here in
three aâ—e s given him to do it T 2 Car. Regis Rot. 841. Brownlow Berks. ss John B. Sheriff of the County aforesaid for that he in Easter Terme last past at the severall dayes that same Terme by the Court of the Lord the King here to him given as in the bill of pleas this Terme it doth appear hath not returned to the Court here a certain Writ of the said Lord the King of Habeas Corpus issuing on of the Court here and to the same Sheriff directed and delivered to be executed in form of Law against one I W Esquire at the suit of R. B. Esquire in a plea of Debt of two hundred pounds returnable before the Iustices here Quinque pas last past in mercy c. And he is fined by the said Justices here for the said four defaults at twenty five pounds c. H 43. Eliz. Rot 451. Prisoner in the Fleet brought to the barr by Hab corp at the petition of an estranger a who brought Writ in debt against him and he is demanded by the Justices that he would appeare to the said writ who said he wâ—n duâ—â— therefore processe of Ouâ— lawâ—y is awarded against him ss It was commanded to the Warden of the prison of the Fleet that he should have here at this day to wit upon Satturday next after Octob. S. Hillar the body of W. A. Esquire in the prison of the said Lady the Queen under the custody of the said Warden detained to do and receive what the Court of the Queen here shall consider of him and now here at this day came here into the Court H. T. by A.S. his Attorney and brought here into Court a certain Originall Writ in Debt upon demand of an hundred and twenty pounds directed to the Sheriffs of London and before the Justices of the Lady the Queen here returnable against the said Walter by the name of W A. Esquire of Tomby in the County of Lincolne Esquire and prayeth that the said Walter may appeare to his sayd Writ whereupon by the same Warden of the Prison aforesayd brought here to the bar present in Court in his own proper person being spoken to saith that hee will not appear to the Writ Therefore let processe be made against the sayd Walter upon the Originall Writ aforesaid c. T 25 El. rot 860. G against I.C. like Hab. corp and such an Originall and demand who saith that he is not the same person against whom the said G. brought the said originall writ and that he wil not appear c. Therefore let further processe be made against the said I. C. late of L Gentleman against whom the sayd Originall VVrit was brought upon the said Originall and the sayd I.C. who is now brought to the Barr is sent back to the prison under the custody of the Warden for the occasion that he is therein detained there to remain c. H 13 Jacorot 588. Entry of a Capias ad respodend and thereupon a Non inventus returned and a Habeas Corpus to the Warden of the Fleet is awarded received such a day and then thus and now here at this day came the said Defendant in his proper person under the custody of the Warden aforesaid brought to the Barr who being demanded if he would appear to the said Writ or not sayd that not Therefore let processe of Outlawry be made c. M 5. Jac. rot 2254. Fleet ss Entry of an Habeas corpus of a prisoner committed to be Fleet by the Commissioners in causes Ecclesiasticall and his enlargement without baile It was commanded to the Warden that he should have here to wit at Westminster immediatly after the receit of this Writ the body of Anthony Rooper Knight in the prison aforesayd under his custody detained by whatsoever name he is reputed together with the day and cause of taking and detaining of the said Anthony that the same Justices here viewing the cause may cause to be done what of right and according to the Law and custome of the Realme of the Lord the King of England The like for Langton P. 8. Jac. rot 819. The lik for Melton there rot 1939. The like for Throckmorton T. 8. Jac. rot 1675. But they entred into a Recognizance of a 100 l. iâ— the Bench to appear from day to day P. 9. Jac rot 1510 P 8. Jac. rot 1939. ought to be done And no where at this day to wit on Satturday next after Octab. Martini that same term came the same A in his proper person under the Custody of the same Warden brought here to the Bar and the same Warden then returned that before the coming of the Writ to wit the ninth day of October last past the sayd A.R.M. rendred themselves to the prison aforesaid before committed by vertue of a certaine Warrant dated the thirtieth day of I last past which followeth in these words These are in his Majesties name straightly to charge you by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seal of England to us and others directed That herewith you receive and take into your custody the body of Sir Anthony Rooper Knight and him safely detaine prisoner at this our Commandement untill we shall give you order for his enlargement signifying unto you That the cause of his commitment is for that there being a certain cause referred unto us by his Majesties especiall direction betwixt him the said Sir A.R. and I.B. Vicar of B. for that he detaineth wrongfully from the said Vicar a certain yearly pension due unto him from the said Sir A. R being called before us after ful hearing of the cause in the presence of the said Sir A. R. and of his Councill three or four severall times and at last adjudged by us to pay the said pension he having some time of deliberation given unto him by us to consider therof hath notwithstanding obstinately disobey our said Order and doth so still persist and this shall be your Warrant in that behalfe given at Lambeth this thirtieth day of Iune 1607. And that this was the cause of taking and detaining of the said Anthony in the prison aforesaid the body notwithstanding of the said A he hath now here ready as by the said Writ it was commanded him c. whereupon the premisses being seene and by the Justices here fully examined and understood Judgment by the Court. it seemeth to the said Justices here that the said cause of Commitment of the sayd A. to the prison of the Fleet aforesaid in the Returne aforesaid above specâ—fied to be insufficient in Law to detain him the said A in the prison aforesaid or to deprive the said A from his priviledge of the Court of the Lord the King here therefore the same Anthony is dismissed from the prison aforesaid by the Court here and the same Warden is fully discharged by the Court here of such custody c. T 18 Iac.
Barones of our Realm aforesaid coming to our Parliament and this to you and every of you who are interested therein we notifie witnesse our selves at Westminster c. And it ought to be written upon the back of the said writ as followeth It is inroled in the Bench in the Terme of S. Michael An. Regni R. H. 8. 18. Rot. 2. and ought to be Filed amongst the Records sine die c. See the old Book of entries fo 313. Title Errour in utlawry 20. Ms 31. H. 6. Rot. 309. H. 1. H 7. Rot. 305. A servant of a Knight in the Parliament impleaded in the Bench brought his writ here out of the Chancery testifying it and there upon the Justices Surcease and the servant goeth thereof without day c. Pardon Entry of the allowance of a uenerall pardon gpon an Utlary after judgment wherein it appeareth by the Record that the Pl. is satisfied of his debt and damages P. 3. â— Eliz rot 1131. tiel upon satisfaction given to the Executor after the death of the testator M 22 Jac rot 2781. e. Brownlow for Andrewes against Mason the like but note that the judgment was entred with Waller and the pardon was pleaded with Mr. Brownlow chief Prothonat ry H 44 Eliz. rot 2550. the like but more generall T 19. I. Rot. 1887. Midd. ss It was commanded the sheriff that he should not omit for any liberty of his county but that he should take F. T. late of c. Esq utlawed in London die lun prox pro fest c. Ano. Regni c. 3. at the Suit of F. W. in a Plea of debt wherof he is convicted and him safely c. so that he might have his body here at this day to wit tres Trinitatis c. to do and receive what the Court of the Lord the King here shall consider of him in this behalfe and now here at this day came the same F. T. By F. B. his attorney And saith that after the utlawry aforesaid against him the said Francis in Form aforesaid published and had by a certaine act in Parliament of the said Lord the King now held at Westminster in the county of Midd. 9. of February An. 7. amongst other things it was inacted and established by the authority of the same Parliament that all and singular the subjects of the said Lord the King aswell Spirituall as temporall of this Kingdom of England Walls Jsls of Jernesey and Garnsey and of the towne of Barwick their heires Successors executors administrators of them and every of them And all and singular Corporations or Towns incorporate Cities Burroughs Counties Ridings Hundreds Lath Rape Wapentacks Townes Uillages Hamlets and Tithings and every of them and the Successors of them and every of them by authority of the same Parliament should be acquitted pardoned released and discharged against the same Lord the King his heires and Successors and every of them from all Treasons and Felonies Offences contempts Trespasses entries injuries deceipts c. As in the Act and the same Francis Tunstall saith that the utlawry aforesaid against the same F. in Forme aforesaid published and had is not excepted and foreprised in the Act aforesaid and that he is and at the time of the making of the Act aforesaid long before was a subject and Leige man of the same Lord the King now borne under his obedience to wit at Westminster aforesaid in the said County of Midd. And that he satisfied to the said Francis Waswell for the said debt of 401 l. which the same Francis White in the court of the said Lord the King here recovered against him as of the said 36 s. which to the same Francis White in the same Court of the King here were adjudged for his damages which he had by the occasion of the detayning of the said debt as it appeareth in the Term of S. Hillary An. Rs. nunc 2. Rot 1846. For which said debt and damages the same Francis Tunstal was at the suit of the said Francis White in Form aforesad utlawed and this he is ready to verifie where When and as the Court of the Lord the King here shall consider c. Therefore it is not intended that the Lord the King now will impeach or charge the same Francis Tunstall by occasion of the utlawry aforesaid whereupon he Prayeth judgment and that he may be discharged from the utlawry aforesaid And because by upon inspection of the record of the same Terme of S. Hillary An. 2. abovesaid It sufficiently appeareth to the said justices upon Record that the same Francis White is satisfied of the debt and damages aforesaid Therefore the same generall pardon is allowed to the same Francis Tunstall And the same Francis may goe thereof without day c. P 32. Eliz. Rot. 1131. Scot. Essex Entrey of speciall pardon of an utlawry after satisfaction of the judgment Note Note that the defendant came there by a Cepi Corpus and is committed to the Fleet And then he pleads the pardon and the satisfact on and prayeth that the pardon may be allowed and he set at larg and it was don P 44. Eliz Rot. 1539. H. 19. Eliz. Rot. 424. Tiel H 8. Iac. Rot. Brownlow London ss R. T. utlawed An. 34 Eliz. Whereof he is convicted at the suit of G. At 8. Pardon and release of demands pleaded in the discharge of an Expostat Pur. commeth and pleadeth the pardon de 39. Eliz. and sets forth that the utlawry is not excepted c. And that he is a Subiect c. And that the same Edw. after the utlawry aforesaid against the said R. in Form aforesaid published and had to wit 30. Jan. An. 37. Eliz. released all demands to the Defendant as by the said writing more fully appeareth and th s he is ready to verifie c. vnde non intendit Dom. Rex c. But because it is not knowne whether the writing of the release aforesaid by the same R. above pretended be the deed of the said Edward or not And because it is expedient and necessary that the said Ed. for his interest in this behalfe be premonished before it be further proceeded in to discharg the same R. from the utlawry aforesaid according to the Form of the Act aforesaid the sheriff is commanded that by the honest Sci. fac awarded c. they make known to the said Ed. c. 15 Pas to acknowledg or gainesay the writing of release aforesaid and also to shew if any thing c. wherefore the said Rob. ought not to be discharged from the utlawry aforesaid if c. M 18. Jac. Rot. Brownlow Sussex ss It was commanded the sheriff whereas Walter Covert Knight was summoned to be in the Court of the Lord the King now here to answer Ed Culpeper Knight of a plea wherefore Entry of a writ to make partition and partition made therupon and judgment therein whereas the same Ed. and Walter
the whole time aforesaid to be replevied by the sheriffs Ministers of the City aforesaid for the time being by vertue of a plaint in the Court of the sayd Lady the Queen and her progenitors Kings of England held before the Sheriffs of the City aforesaid for the time being levied and not by writ of the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery and also that all the customes of the City aforesaid by Authority of Parliament of the Lord E late King of England after the Conquest at Westminster The Sheriffs are free men of London and held by their oath to observe the customes of the City the fifteenth year of his Reign held were ratified and confirmed to the then Mayor and Comminalty of the same City and their successors which said Liberties and free Customes of the same City they the same sheriffs and freemen of the City aforesaid before the purchasing of the said Originall Writ and alwaies afterwards hitherto being bound by oath have observed and are bound to hold without any violation for which causes the sheriffs aforesaid could not replevy the goods and chattells in the sayd Writ specified or do Execution upon the sayd writ nor can at the present but because it seemeth to the Court here that the Return aforesaid The Returne of the Sheriff vicious in form aforesaid made is as well in contempt and prejudice of the said Lady the Queen now and of her Court and also in Derrogation of her Crown and Dignity and manifest Danger of her Dis-inheriting and also that it giveth way and redoundeth to the immoderat damage and greivance of the same W and Delay of his suit therefore as before the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattells aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed Plur. repleg awarded and in as much c. They make appear here in 8 Sancti Hillarii c. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term to answer as well to the said Lady the Queen as to the same W of and upon the premisses further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalfe and in as much c. The same Coroner cause to appear at the same Term c. Pone Sheriffs returne upon a Pone adjudged void for that he shew edssino the cattell in specie named in the Returne See p. 3 El. Dyer fol. 199. pl. 54. Report of the case 21 E 4 fol. 23. M. 18. H. 6. rot 428. H 2. Eliz. rot 191. It is recorded by the Court here the third day of May in the year of the Raign of the Lady Elizabeth now 3. That the Returne aforesaid is vitious invalid and insufficient in Law for that there are no cattell named in Specie in the Return aforesaid contained for which the same Sheriff by vertue of a Writ of _____ was attached to be here at the said Octab. Pur. c. whereupon no judgement by the Justices then here for any forfeiture to be made to the Lady the Queen upon the Attachment by the Law of the Land ought to be given nor is given as it appeareth above and so the processe and extracts for the price or value of the Cattell aforesaid to be forfeited without Judgement and consent of the Court here by the Officers of the same Court without Warrant was made c. Quaere if not between Netherfall and Lawrence Priviledge H 45. Eliz. rot 818. Brownlow Lanc. ss At the return of a Capias against a servant of the câ—cife Cleâ—k of the Kings Bench the servant came in person into the Court of Common Beuch delivered to the Justices a writ of supersedias prayed the allowance thereof that they would not hold plea c A writ of priviledge for a servant of the cheif clark of the Kings bench It was commanded the Sherif that he should take John Wood late of Brenset in the county aforesaid Yeoman of c. and safely c. so that hee might have his body here at this day to wit in Octab. Sancti Hillarii to answer to T. L in a plea wherefore with force and arms one Messuage ten acres of Land with the Appurtenances in B. which Margeret Erlington widdow to the same T. devised for a Terme which is not past entred and him from his Farme aforesaid ejected and other Enormities c. To the great Damage c. and against the peace c. And now here at this day came as well the same T. by I. P. his Attorney as the same John Wood in his proper person and hereupon the same J W. brought here into the Court a certain Writ of the sayd Lady the Queen of Supersedeas in the cause aforesaid closed to them directed The Tenor whereof followeth in these words Elizabeth c. To our Beloved and faithfull Edmund Anderson Knight and his Associates Justices of the same Bench greeting As well of our Dignity as according to the ancient Custome used and approved of in times past hitherto obtained That our cheif Clark of the pleas in our Court before us ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints pleas of Free Tenement only excepted nor by the whole time aforesaid were accustomed And now in our Court here before us on the behalf of John Wood one of the servants of John Rooper Knight our cheif Clarke assigned to Roll pleas in our said Court before us It is given us to understand That one Thomas Lacke little regarding the custome aforesaid the same I W by the name of I. W. late of B. in the County of Kent Yeoman hath drawn into plea of a plea wherefore with force and armes one Messuage c. as above untill against our peace c. to the very great disprofit and greivance of the said I. W and manifest infringement of the Liberties and priviledges aforesaid in our Court before us by the whole time aforesaid hitherto used and approved whereupon we are willing to provide him a fit speedy remedy to observe the Liberties priviledges aforesaid for so long time used infringed We command you that from further holding of the plea aforesaid before you or compelling him the said I. W. further to answer before you in the plea aforesaid ye be altogether superseded saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will Teste Iohn Popham at Westminster the twenty fourth day of January Anno Regni nostri 45. Rooper Which said Writ being read and heard the same Iohn Wood saith That he is and at the day of purchasing of the Writ
of the Rolls of our chancery allowed c. Entry of a writ of attachment of priviledge in the Common Bench for an attorney of the same Bench in debt against 2 severall persons severally M 19 Iac. rot 2948 Brownlow Lincolne ss The Sheriff was commanded that he should attach T B. clerk and L E clerke so that hee should have them here upon Satturday next after the morrow of all Soules to answer R Clarke Gent. one of the Attornyes of the court of the Lord the King of Common Bench here according to the liberties and priviledges c. in a plea of Debt severally And now here at this day came the said Robert in his proper person and offered himselfe against the said T and L in the plea aforesaid and they came not and the sheriff to wit T T Esquire now returneth that he by vertue of the writ aforesaid to him directed tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready as by the said writ it was commanded him Cedi corpus returned and because the same sheriff the bodies of the same T and L now here at this day hath not ready therefore the same sheriff to wit the same Tho. T Esquire in mercy c. and he is fined by the Justices here at forty shillings and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san Martini the bodies of the same T and L whom c. to answer to the same Robert in the plea aforesaid and the same sheriff to wit T.T. Esquire now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne so languishing that he could not have their bodies here at this day without perill of death as by the said writ it was commanded him c. And hereupon in the same Court of the King here on the behalfe of the said Robert it is testified that the same T and L are sound and whole and able to travell therefore it is commanded the same sheriff that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary bringing with him the same T and L whether they be found or infirme to answer to the same Robert in the plea aforesaid and that he omit nothing herein under the penalty of 20 l. which if he shall not do the sheriff shall know he is to loose c. Duces recum awarded under the penalty of 20 l. Procedendo H 35. H. 8. Rot. 318. ss A Procedend awarded in a plea of lands to be removed out of an inferiour Court by Recordare Whereupon the cause aforesaid being seen alleaged by the same B. to remove the Plaintiff aforesaid in the writ aforesaid above specified It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B of her mannor of B. with the Soke aforesaid in the court of the same E. B. and upon the plaint aforesaid ought to proceed c. Therefore it is considered that the said Brian notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed he may proceed in the plaint aforesaid with effect And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid c. M 8. H. 4. Rot. 114. Procedendo Rege inconsulto In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant by act of Parliament that the Tenements of the demandant came to the Kings hands and prayeth judgment si Rege in consulto c. And the King sent his writ de procedendo therein directed to the Justices that the Tenant plead de novo with the demandant c. H 13. Jac. Rot. Brownlow London ss A Procedendo after much debate granted upon a speciall return made upon a Hab. cor upon the custom of London concerning Prentices their ages and their Indentures between them and their Masters Indenture void if the Prentice be not of the age of fourteen years when he was bound An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice c. Test 28. Nov. 13. Iac. by H. Hobert Execution c. ss London ss we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew London do certifie that c. Prohibition BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand Prohibition to the Court of Stanneries in the County of Cornw for holding plea of maters which contcern the Stanneries Suggestion That whereas by the lawes statutes of the Realme of the Lord the King of England it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall or Keeper or Keepers of his place for the time being may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries neverthelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I against the lawes of the Realm of the Lord the King of England In the stannary court of the Lord the King of F in the said county of C before the Substeward of the Stannary Court aforesaid or deputy or Keeper of his place in the Court aforesaid or any of them in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon supposall that the said L. was receivour of the monies of the said I. C. the Father and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M to render an account thereof to the said I. C. drew into plea And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses and to answer the said C. of and upon the premisses
against the law of the land of the Realm of the Lord the King of England unjustly constrained by arrest of his body whereas in truth neither the said I. L. nor the said I. C. nor either of them at the time of the levying of the said plaint or any time afterwards hitherto was Tinner working in any Stannary worke within our Counties of D. or C. And whereas in truth the account aforesaid doth not concerne any Tinner or matter or matters belonging to the said Stannaries Averment that neither Plaintiff or Defendant were Tinneâ—â— Averment that the account did not concern Tâ—nning and although the same I. L the matter aforesaid by him above alleaged before the said Warden Subwarden and steward often pleaded and alleaged in the Stanuary Court aforesaid and offered to prove with inevitable truth and Testimony Neverthelesse the said warden Subwarden steward Deputy or Keeper of the place would not admit of that plea or allegations but altogether refused and the same I. C. notwithstanding the plea alegation probation of the said I. L. aforesaid in the premisses aforesaid the said I L. before the said warden underwarden steward Deputy or Keeper of the place in the plea aforesaid to be condemned with his whole strength indeavoureth and tryeth from day to day in contempt of the Lord the King now and manifest damage impoverishment and greivance of the said L. and against the lawes of the Realme of England and this he is ready to verifie whereupon the said L. humbly imploring the aide and munificence of the Court of the Lord the King now prayeth remedy and a writ of the Lord the King de Prohibitione to the said warden underwarden c. And to the said C. Counsellors Attornies and Solicitors of the said C. in this behalf whatsoever to be directed in Forme of law to prohibit them and every of them that they nor any of them proceed not further in the cause aforesaid or any thing that concerneth the premss in the court aforesaid before the said Warden c. or presume to attempt any thing more in the cause aforesaid in the court aforesaid which may give way to indamage the said I.L. or prejudice of the Law of the Lord the King now his Crowne or dignity and to him it is granted c. Warburton Mich. 25. H. 6. Rot 323. Prohibition without a cause depending against the Bishop of Winchester for excommunicating a man for serving a warrant of peace upon his Chaplain EAster 44. Eliz. Rot. 1738. The like Causa non pendente out of the Court of Request against the corporation of Myners THat this Prohibition causa non pendente being granted upon the motion of Serjeant Hele Justice Gawdy and Warburton Walmesly being absent Nota. And at another day Justice Walmesly being present and Justice Gawdy being absent Justice Walmesly said that the prohibicion lay not Causa non pendente And thereupon the Prohibition did not issue forth though Warburton put his hand to it Yet Gawdy and Walmesly denyed Quare Impedit H 12. H. 7. Rot. 315. Mordent Leic. ss Tho. and Eliz. his wife In Quare Impedit the Plaintiffs have a Writ to the Bishop upon the Bishops plea after the death of the Patron bring their writ of Q. Impedit to present to the Church of N. which is voyd c. And count in right of their Fee of an advouson in grosse against W. Bishop of Lincolne I G. Kt. and R. M. Clerk issue upon the traverse of the advouson in grosse and judgment against the Bish with a cessat c. and the plea depending the patron incumbent dye the Plaintiffs pray execution of the judgment against the Bish and have it c. Ravishment de Gard. Ravishment de gard brought by the King the Kings Attorney by force of the Letters Patents under the privy seal sealed Waives his issue and saith that the Defendant is not guilty and judgment that the defendant go without day the Kings right being saved H 12. H. 7. Rot. 228. Mordant Oxon. ss the King brought his writ of Ravishment de Gard. against I. G. and A. his wife for Ravishment of Richard Son and heire of Edward Bockingham c. the defendant Pleads non cul and afterwards James Hobard attorney of the King and the Defendants come in their proper persons and the Kings Attorney Relicta verificatione c. by vertue of a certaine warrant with the signe manuall of the said Lord the King signed directed to the same James and shewed here in Court on the behalfe of the said Lord the King saith they are not guilty prout c. Therefore it is considered that the said Io. and Anne goe thereof without day c. the Kings right being reserved when at an other time therein she would speak c. Retorn Recordi Return of the Record sent to the Iustice at Lanc. to be tryed after triall in the Bench. AFterwards to wit upon Monday next after tres Pas next following the said C. came back here into Court in his proper person And Humphery C. Justice of the said Lord the King at Lanc. before whom c. sent the record and proceedings cum toto facto suo in the premisses before him at L. in the county aforesaid had in these words Afterwards on monday in quarta septimana LX. before H. C. Iustice of the Lord the King at Lanc. came aswell the within named R. R as the within named R. B. in their proper persons And hereupon the same R. prayeth a writ of the said Lord the King of ve fac here 12. Ven. fac aWarded at Lanc. c. before the said Justice at L. c. to trie the issue within written to be directed to the sheriff of the county of Lanc. which was granted him c. wherupon it was commanded to the sheriff of Lan. that he cause to come before the said Justice at Lanc. upon Tues quarta septimana XL. prox next comming 12. c. of the neighbourhood of C. by whom c. and who neither Return of the Ven. fac c. to recognize c. because aswell c. At which day here came the parties aforesaid c. in their proper persons And E. S. Knight sheriff of the said county of Lanc. returned before the Justices here to wit at L. aforesaid the writ aforesaid in all things served and executed together with the names of the jurors between the parties aforesaid impanelled annexed to the same writ which said jury being solemnly caled came not whereupon it is commanded to the said sheriff of Lanc. that he have before the said Justices here to wit at Lanc. aforesaid upon Wednesday Iury came not in dec quart Sept. 40. next coming the bodies of the said Jurors between the parties aforesaid before impaneled to make that jury the same day is given to the parties aforesaid here c. at which day of Wednesday here to wit at L.
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
by attorney if it shall happen that the said T. P. not to make deliverance of the Cattle aforesaid taken in Withernam or the value of them c. Scire Facias TRini 9. Jac. Roll. 3510. Entry of a Scire facias upon a Recognizance against sureties in Replevin after Averia elongat returned Otherwise as it appeareth in Easter Term in the 9. yeare of the Reign of the Lord the King now Roll. 2982 it is thus contayned London ss It was commanded the sheriffes whereas I. A. of the City of Coventry Taylor B A. of L. in the county of N. clerk and W. S. of C. in the county of Warr Gent. to wit the fift day of Ju being there in Trinity Term in the 7. yeare of the Reigne of the Lord now King of England before Peter W. Knight one of the Justices of the said Lord the King of the common Bench at his chamber in Chancery Lane London in their proper persons undertook and every one of them did undertake for H. A. in the sum of 20 l. and the same H. A. then and there before the said Justices of the Lord the King in his own person undertook for himself in the summ of 40 l. that the same H. should cause to be retorned to David Harris certaine cattle of the same H. formerly taken by the same David and which were adjudged by the court here to the said David for the default of the said Henry The Recognizance recited See the statute West cap 2. 13. E 1. if retorn of them to the same David by the court here should be adjudged which said summe of 20 l. every one of the Manucaptors do acknowledg to be levied upon their lands and chattles And which said sume of 40 l. the same Henry acknowledgeth to be levied of his lands and chattles to the use and behoof of the same David if it happen that the said Hen. make default in the premisses therof be lawfully convicted which said recognizance in Form aforesaid taken afterwards to wit the same fift day of July in the said Term of the holy Trinity in the seventh yeare of the Reigne of the Lord the Keng now of England abovesaid the said Justices of the same court of the said Lord the King before his then Justices with his owne hands delivered to be inroled upon record Delivery of the Recognizance in Court to be inrolled Count upon the second deliverance as by the record thereof remayning in the same court here manifestly appeareth wheras therupon the same David was attached by the writ of the said Lord the King de Sec. Delib to be in the Court here to wit at Westminster aforesaid to answer the same H. A. of a plea wherefore he such a day and year at W. in a certaine place there called Woodpark had taken the cattle that is to say 35. heifers of the same H. and unjustly detayned them against sureties and pledges untill Avowry c. the same David in the said court of the said Lord the King appearing for a certaine reason by him alleaged as Bayliff of G. C. Kt. well acknowledged the taking of the cattle aforesaid in the place aforesaid to be just Nonsuit of the Plaintiff for default of Bar to the Avowry Return Haben awarded whereupon the said Henry afterwards although solemnly called in the same court of the said Lord the King came not nor hath not further prosecuted his said writ wherupon it was considered in the same Court here that the said Hen. and his pledges for prosecution should be in mercy c. And that the same David should goe thereof without day c. and that he should have retorne of the cattle aforesaid to hold to him for ever irreplevishable whereupon the said Lord the King by his writ commanded the sheriff of Devon that without delay he cause to be retorned to the said David the cattle aforesaid to hold to him irreplevishable Averia elongat returned and as much c. he should make to appeare here in Oct. Mich at which day the said sheriff of Devon retorned to the Justices here that before the coming of the said writ to him directed the cattle aforesaid by the said Henry A. were conveyed to places unknown to him so that he could not make retorne of the same cattle of the said David and therefore the said Lord the King commanded the said sheriff of Devon that of other Catles of the same Henry to the value of the Catle aforesaid before taken Capias in Withernam awayded he should take in Withernam and should deliver them to the said David to keep by him untill the cattle aforesaid before taken could be retorned to the same David and that he should put by sureties and safe pledges Nâ—lla averria returned the said Henry that he should be here in Oct. S. Hill aswell to answer the said Lord the King of his contempt as the same Da. of his damages injuries in this behalf done The same sheriff of Devon at that day retorned to the Justices here that the same A. H. had no Cattle in his Bayliwick Sci fac against the party and Manucaptors severally which he could take in Withernam according to the Exigency of that Writ and that the same Henry had nothing in his Bayliwick by which he could be attached as by the record and proceedings in the same court here remayning doth manifestly appeare And because c. That by honest c. it should be made known to the said I. B. W. and H. that they should be herein Oct. Pur. to shew if any thing c. wherefore the same David ought not to have execution against the same I. for the said 20 l. by him in Form aforesaid acknowledged to be levied of his lands and chattles and against the said Bartholomew for the said 20 l. by him in Form aforesaid acknowledged to be levyed of his lands and Tenements and against the said William and others as before The Plaintiff offiers himselfe against the Defendant c. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same David by R R. his attorney offered himself the 4. day against the said I. B W. and H. in the plea aforesaid and they being solemnly called came not the sheriffs of Lond now return that the same I. B. W H. have nothing Nichil returned nor any one of them hath any thing nor are found nor any one of them is to be found c. Therefore as before it is commanded the said sheriffs of London that they should make known to the said I. B. W. and H. that they be here 15. Alias Sci fac awarded Pas to shew in Form aforesaid and now here at this day came aswell the same David by his attorney aforesaid as the same I. B. W. and H. by H. W. their attorny
that they should have his body here at this day to wit 15. Pas to do and receive what the Court of the Lord the King here shall consider of him in that behalf and now here at this day cometh the said Henry by W. C his attorney and sayeth that after the utlawry aforesaid against the said Henry had and published by a certain Act in Parliament of the said Lord the King now by continuance held at Westminster in the county of Midd. the 9 th day of Febru in the seventh yeare of the Lord the King now amongst other things it is inacted established by authory of the same Parliament that all and singular subjects of the said Lord the King aswell spirituall as temporall of this kingdom of England Wales the Islands of I. and G. and the Towne of Barwick the heires successors executors and administrators Pardon pleaded of them and every of them and all and singular corporations in any wise incorporated Cities Borroughs Counties Rideings c. and every of them And the Successor and Successors of them and every of them by the authority of the same Parliament should be acquitted pardoned released and discharged against the said Lord the King his heires and successors and every of them of all Treasons Felonyes offences contempts Trespasses entries injuries deceipts misdemeanors penalties Summes of monies Punnishment by death corporall punishments and pecuniary and generally from all other things causes complâ—ints suits judgments and Executions in the statute aforesaid not excepted nor Foreprised which by the said Lord the King by any meanes or in any other manner could be pardoned before and untill the 9. day of November then last past before the making of the said Act to every or any of his subjects Corporations incorporat Cities Burroughs c. or any of them yet so notwithstanding that every person utlawed shall prosecute his writ of Scire Facias against such party or parties at his or at whose Suit he or they were utlawed before the pardon in such case be allowed to the party utlawed as in the same Act is more fully contayned and the said Henry further saith that the utlawry aforesaid is not excepted nor Foreprised in the same statute Averment that the Utlary is not Averment that he is a Subject and that he is and at the time of the making of the said Act and long before was a subject and leige man of the said Lord the King now born under his obedience to wit at London in the parish c. and this he is ready to verifie where when and how the Court of the Lord the King now shall consider thereof whereupon it is not intended that the said Lord the King will impeach the said Henry by occasion of the utlawry aforesaid whereupon he prayeth judgment that he may be discharged from the said utlawry and because it is expedient and there is a necessity that the same Griffin should be premonished for his interest in this behalfe before the discharging of the same Henry from the utlawry aforesaid be further proceeded in according to the Form of the staute aforesaid The sheriffs are commanded that by honest c. they make knowne to the same G. that he be here in Cr. Ascen Dom. to prosecute against the same Henry his plea aforesaid if c. at which day came the same Henry by his attorney aforesaid and the sheriffs Sci fac awarded Sheriffs returne Sci fac Mercy to wit E. R. and A. P. now retorne that they by vertue of the writ aforesaid to them directed by I. W. and R. G. honest c. made knowne to the same G. of being here to this day to prosecute in Form aforesaid he the fourth day of the plea being solemnly called came not nor any whit further prosecute his said Writ therefore he and his pledges are thereof in mercy let the names of the pledges be inquired of And that the said Henry goe thereof without day Generall Pardon allowed c. and that the generall pardon aforesaid be allowed him c. Count in debt upon a Sci fac upon the generall pardon PAsch 12. Iac. Rot. Brownelow retorn Mense Pas to follow in Form aforesaid c. and now here at this day to wit Mens Pas came aswell the said William by his attorny aforesaid as the said Tho. by R. D. his a torny and the sheriffs as before now retorneth here that he hath nothing c. nor is to be found c. And hereupon the same Tho. declaring against the said Will upon his originall writ in the plea aforesaid said that the said W. had not rendred to the said T. 20 l. which to him he oweth and unjustly detayneth c. for that to wit that whereas the said W. the 20. day of Octo. An. c 3. at London in the parish and ward aforesaid by this certaine writing obligatory granted c. M 1. and 2. Eliz. Rot 1248 in a Scire facias against B. and A. upon a Recognizance one of the defendants is alleaged to be dead and one other processe against him and the others prayeth imparlance ss THe sheriff was commanded whereas R. C. and I. his wife in the Court of the King here had recovered against I. H Sci fac against a Tenant by Elegit and part of the monie levied the Tenant against whom the execution was brings the residue and a redelivery awarded 68 s. for their damages which they had by occasion of the detaining of the dower of the same I. of the Tenements in N. of the indowment of I Son of I. H. her late husband as by a certaine Jury of the country before the Justices of the King assigned to take the assize in the county aforesaid such a day and yeare at Wigo thereof between them Summoned and taken was convicted and the same R and I. came afterwards into the court of the Lord the King here and chose to be delivered to them all the goods and Chattles of the said I. H. besides the Oxen and Cattles of the Plough and likewise the moyety of all his lands and Tenements in his Bayliwick to hold as their free Tenements to them and their assignes accor to the Form of the statute in such case provided untill 68 s. for the damages aforesaid should be thereof levyed whereupon the King commanded them that al the goods and chattles of the said I. H. besides his oxen Cattle of the Plough and likewise the moyety of his lands and Tenements in your Bayliwick without delay you cause to be delivered to the same R. and C. by the resonable price and extent to hold to them and their assignes as their Free Tenement in Forme aforesaid untill 68 s. for their damages aforesaid should be thereof Levyed and in what sort Elegit awarded Return of the Elegit c. should be made Known here such a day c. the same sheriff to the justices of the King
suit paid to the same M and I twenty five pounds and eight shillings of the said thirty six pounds and five shillings in full satisfaction and payment of the said one hundred pounds nine shillings and four pence to the same M and I in Forme aforesaid owing as by the Record thereof in the same Court of the said late Queene at Guildhall aforesaid remaining manifestly appeareth And the same A further saith That neither the same T at the time of his Death nor the same A after the Death of the same T. before the Day of purchasing the said Writ of Scire facias nor at any time afterwards Nothing else in her hands but goods to such a value which the executrix brings into the Court to pay the plaintiff in part of his debt had any goods or chattells which were of the same T at the time of his Death in her hands to be administred besides goods and chattells to the value of one and thirty pounds five shillings by her in Forme aforesaid administred and besides the goods and chattells to the value of ninety shillings residue of the sayd thirty six pounds five shillings yet remaining in the hands of the sayd A not administred which sayd summ of ninety shillings the same A bringeth here into Court to pay the said E and this she is ready to verifie whereupon she prayeth Judgment if the same E ought to have execution against her for the said 150 l. c. ANd the said E. saith That he by any thing before alledged Replication that no such record of recovery is had in London from having his Execution aforesaid against the same A. for the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death in the hands of the said A to be administred ought not to be barred because he saith That there is not had any such Record of the plaint aforesaid betweene the same M. and I. and the same T. in the Court aforesaid remaining as the said A hath above alledged and this he is ready to verifie whereupon as before hee prayeth Judgment and Execution against the said A. of the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death being in the hands of the said A to be administred to him to be adjudged c. Rejoynder that such a record is had of a recovery in Lond. ANd the same A. as before saith That such a Record is had of the plaint aforesaid between the same M and I. and the said T. M. in the Court aforesaid remaining as she hath above alleadged and this she is ready to verifie here when and how the Court of the Lord the King here shall consider And hereupon the same A further saith That the Mayor Sheriffs and Aldermen of the City of London Custome of L. alledged by the defendant amongst other Liberties Franchises and priviledges of the Citizens of London by diverse late Kings and Queens of England progenitors of the Lord the King now granted and by the said Lord the King now confirmed they have their liberty that they ought to record every Record pleaded before them made or had presently and not otherwise and therefore prayeth for that the Record aforesaid being now in the custody of the sheriffs of the City aforesaid A certiorare awarded to the Sheriffs of L. to certifie c. a writ of the said Lord the King to be directed to the said now Sheriffs of the city of L to certifie the lustices here whether such a Record be had or not and to her it is granted c. Therefore the Sheriffs of London are commanded that searching the Records and other memorables upon Records in the time of the said late Sheriffs of London being in the custody of the said now Sheriff they make appear to the Iustices here in Cr. Trin. whether there is had such a Record of the plaint aforesaid in their custody as the said A. hath above alledged or not the same day is given to the parties aforesaid here c. AT which day here came the same E. by his Attorney aforesaid and the same A. the Record of the plaint aforesaid by her above alleadged Judgement for the plaintiff for failer of the record here at this day hath not but made Default thereof therefore it is considered that the said E. have Execution against the said A. of the said one hundred and fifty pounds by the said T in forme aforesaid acknowledged to be levied of the goods and chattells which were of the same T. M at the time of his death in the hands of the said A to be administred c. Brownlow Nota. NOte That after a Scire facias nulla min. Note and study the diversity 19 H 6 19 tr Record 24. Continuance of â—ul tiel record NOte That the Court held that the Defendant ought to procure the Record to he certified at his perill and not stay the Returne or certificate of the Sheriffs against the opinion of Master Brownlow Prothonotary ANd hereupon by the consent of the said Plaintiff further day is given to the said Defendant to have the Record aforesaid by him above pleaded here untill in Oct. Mich. To shew in form aforesaid c. T 43 Eliz rot 1822. Gibson against Brooke Bar upon a Sci. fac against an executor to have execution of his proper goods after a Devastavit returned upon in a writ to inquire what goods came to his hands after suggestion that diverse goods came to his stands and that he had wasted them after a Nulla bona returned upon a fi fa. of the goods of the Testator Suggestion that the executor had wasted diverse goodr of the Testator See the new book of entries fol. 268. 269. 271 and 272. pl. 5. Petâ—fers case title error A writ of fi fa. de bonis testatoris with a writ of inquiry what goods of the testator the executor had wasted M 2 Jac. rot 1812 H 6 Jac. rot 1806. H against B. T 38 Eliz. rot 910 demurrer upon Scire facias quod bre est insufficiens H 33 Eliz rot 612 W against S H 9. H 6 rot 134 Return vic per inquest de office That the goods of the Testator to the value of 110 l after the death of the testator came to the hands of the executor to be administred and that the executor had wasted the goods Scire facias awarded against the executor to have execution of his proper goods ss Otherwise as it appeareth in Hillary Terme last past roll 1434 London ss It was commanded the Sheriffs that of the goods and chattells which were of W B late c. at the time of his death in the hands of G B. Executor of the Testament
pleaded the said Roger at his perill prayeth execution against the said Nicholas Yeo. and Eliz his wife William and Humphery of the goods and chattells aforesaid to him to be adjudged c. Therefore notwithstanding the said plea it is considered that the said R have execution against the said N. Y. and E. his wife W and Humphery of the debt aforesaid of the goods and chattles which were of the said I. M. at the time of his death in the hands of the said N. and Eliz. his wife Will. and Humphery being to be levied by default of the same N. Yeo and Eliz. his wife and Will. c. H 20. Jac. Rot. 3276 Brownlow Sci fac by a new administrator during the minority c. of goods not administred by the first administrator upon a recovery by the first administrator after the first administrator avoided and judgment thereupon by nil dic Otherwise as it appeareth Mich. 20. Jac. Rot. 2213. it is thus contayned London ss it was commanded the sheriff whereas VV W administrator of the goods and chattles which were of T. W who dyed intestate c. lately in the court of of the Lord the King now to wit in the Term of S. Hill An. of his reigne of England 18. before Henry Hobert Knight and Baronet and his associates then Justices of the said Lord the King of the Bench here to wit at VVestm by the consideration of the said Court had recovered against Charles Howard late of L. Knight and Mary his wife daughter heire of I F late called I F of F in the County of Devon Knight aswell a certaine debt of 200 l. as 7 l. 14 s. 4 d. which to the said W in the said Court of the Lord the King here were adjudged for his damages which he had by occasion of the said Debt whereof they are convicted as by the Record and procedings thereof in the same Court of the King here remayning it manifestly appeareth And whereas also after the judgment aforesaid had the commission of the administration of all the Goods and Chattles aforesaid by George by divine providence c. to whom of right the administration of the Goods and chattles aforesaid belongeth 27. die Jan. An. Dom. 1621. at London in the parish c. was in due manner revoked made void and anulled And the same Arch Bpp. afterwards to wit the 6. day of February An. Dom. 1621. abovesaid at London in the parish and ward aforesaid the administration of all the goods and Chattles which were of the said T W by the said W W not administred to one Henry Smith during the minority of Austin Sm. yet being within the age of 18. yeares and in full life was rightly and lawfully committed and execution of the judgment aforesaid yet resteth undon And the said Charles is dead As by the information of the said Henry Smith the King understandeth And because c. that by honest c. they should make known to the said Mary that she should be here A. die S. Mich in unum mensem to shew if any thing c. wherefore the said Henry Smith execution against her for the debt and damages aforesaid ought not to have c. according to the Form of the recovery aforesaid if c. And now here at this day commeth the said H S by I B his attorney and offered himself the 4 th day against the said Mary in the plea aforesaid And she being solemnly called came not And the sheriffs now retorne that she hath nothing c. nor is found c. Therefore as before it is commanded the said sheriff that by honest c. they should make known to the said Mary that she should be here in 8. daies of S Martine to shew in forme aforesaid c At which day here came aswell the said Hen by his attorney aforesaid as the said Mary by G C her attorney and the sheriff as before now retorn that she hath nothing c nor is to be found c. And hereupon the said Hen. prayeth execution against the said Mary for the debt and damages aforesaid to him to be adjudged c. And he bringeth here in the Court the lettres administratory of the said Arch Bpp which the Commission of administration aforesaid to the said Henry in Forme aforesaid committed testifie c. ANd the same M. prayeth licence therein to imparle here untill in Oct. Hill and hath it c. the same day is given to the said He. here c at which day here came aswell the said Henry as the same M. by their attornies aforesaid And hereupon the said Henry as before prayeth execution against the said Mary of the debt and Damages aforesaid to him to be adjudged c. and the said Mary nothing in hinderance of the execution of the said Henry aforesaid whereby the said Henry remayneth against the said Mary therein without defence Therefore it is considered that the said Henry have execution against the said M. for the debt and damges aforesaid Nichil dic c. hereupon the said Henry being present here in Court in his proper person 25. day of Ianuary that same Term acknowledged That he is satisfied of the debt and damages aforesaid c. and therefore the said Mary of those debt and damages be quiet c. Sci fac to have the penalty given by the statute of 23 H 6. cap 11. against a Sheriff for levâ—ing of more monies upon a Town for Knights of the Parliament expences then the Town was taxed The offence against the statute H 25. H. 6. Rot. 362. It was commanded the sheriff whereas in the Parliament of the King now at VVestminster in the 23. yeare of his Reigne it is ordayned that the sheriffs of every County for the time being at the next County held in his County after the delivery of writs to levy the expences of the Knights of the County for the Parliament For the time being to him made to make publique proclamation that the Coroners and every Constable of peace of the said County and the bayliffes of every hundred Wapentake of County aforesaid and all others being willing to assist the Knights expences be ready at the next County there to be held to assist the expences of the Knights aforesaid And the sheriff or under-sheriffs Coroners or Bayliffes for the time being shall be here at the same time in their proper persons under the penalty of Forfeiting to the Lord the King for every of their defaults made 40 s. And so recite the statute as in the statute aforesaid is more fully contayned and the King hath understood that although T. S. late sheriff of the County aforesaid came in full county at B. held at the presant time and the Suitors of the same county then being there a certaine Sume of the Towne of C. for Knights expences comming to the Parliament of the Lord the King at Reading the 6. day
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
aforesaid were sold and eloyned to the same I. Armour ought not to be returned or for defect of Return of the same Cattell the Price of them of the lands and chattells of the same I W. and W. B. in your Bailiwick to be made and rendred to the same I A according to the forme of the statute therein made and of the pledges abovesaid the same sheriff to the same Justices of the Lord the King at that day returned that the same I W and W B have nothing in his Bailiwick by which he could make known to them nor were found in the same whereby the said I. A. from having return aforesaid hath received a very long delay whereupon he hath besought the Lord the King to exhibit justice to him and that the statutes of the Kingdome of the Lord the King made for the bettering of the same may remaine stable the King will for the benefit of his Leige people by speediest remedyes consonant to the same statutes that by honest c. hee should make known to W. L. late sheriff of the County aforesaid predecessor of the now sheriff who took the pledges aforesaid in Forme aforesaid that he should be here at this day to wit in 8 sancti Trinitatis to shew if any thing c. wherefore he so many cattell to wit two horses and eighty sheep as the same I. A. took from the same I. C. as in the same Court he hath avowed Sci. fac returned or the price of them for the insufficiency of the pledges aforesaid to the same I. A. in the name of the Returne of the Cattell aforesaid ought not to render according to the Forme of the statute aforesaid Judgement ' by default and the awarding of a writ to take of the said sheriff totanimali vel prec and to deliver them to the plaintiff Nomine returni if c. And now here at this day cometh the same I. A. in his proper person and the said W.L. late sheriff 4 Die pl. being solemnly called came not and the sheriff now returneth that hee made known to the said late sheriff of being here at this day to shew in Forme aforesaid by I.S. and W.C. Therefore it is considered that the same I. A. have of the late sheriff two horses and eighty sheep to the value of the other goods aforesaid which the said I. A. late took or the price of them and a writ to the sheriff to take of the late sheriff the Cattell aforesaid or the price of them and them or that to the same I. A. in the name of the Returne of the other cattell aforesaid to deliver c. Count in Sci. fa. upon a Recognizance acknowledged in the Country before a Justice of the common Bench and afterwards delivered to be inrolled and is enrolled in the same Terme in which it was delivered to be inrolled H. 8. Eliz. rot 104 3. H. 15. Jac. rot 21. in t Pl. ter and there rot 80. a recognizance is entred with a condition T. 21. Jac. rot 73. or 78. the like Inrollment of a recognizonce with the Terme number of the roll extressed Mich 28. and 29. Eliz. rot â—046 Generall entry of a recognizance taken before a Justice of the Common Bench and a Scire facias thereupon M 20 Jac. rot 843. Brownlow otherwise as it appeareth in Michaelmas Terme 19. Jac. rot 1906. It is thus contained Oxon ss It was commanded the sheriff whereas R. H. of S in the County of Oxon Esquire the twentieth day of Iuly Anno c. 18. and Scotland 53. before Peter Warburton Knight then one of the Justices of the Lord the King of the Common Bench of the City of Oxford in the County aforesaid acknowledged himself to owe to Richard Farmer of S. in the County aforesaid Knight one thousand Markes of lawfull mony of England which he ought to have paid him at the Feast of the birth of our Lord then next following which same Recognizance the same Peter Warburton afterwards to wit the twelfth day of February in the Terme of Saint Hillary Anno 18 abovesaid delivered here in Court with his own proper hands to be there inrolled upon Record and there before Henry Hobart Knight Cheife Justice of the Lord the King of Common Bench and his Associates Justices of the said Lord the King of the same Bench in the same Terme of Saint Hillary it is enrolled upon Record which said one thousand Markes the same R to the said R. hath not yet paid as by the information of the said R. the King understandeth and because c. that by honest c. hee should make known to the said Ralph that hee should be here at this day to wit A die sancti Michaelis in unam mensem to shew if any thing c. wherefore the said one thousand Markes ought not to be made of his Lands and chattells in your Bailiwick and rendred to the same R. according to the Forme of the Recovery aforesaid if c. And now here at this day came the same Richard by Thomas G. his Attorney as the sayd Ralph forenamed c. by Io. Wells his Attorney and hereupon the same Richard prayeth Execution against the same Ralph of the said one thousand Markes of the Lands and chattells of the same Ralph to be made by pretext of the Recog aforesaid to him to be adjudged and the same Ralph prayeth the hearing of the Recognizance aforesaid and it is read unto him c. And also prayeth the hearing of the Condition of the same Recognizance and it is read unto him in these words The condition of this Recognizance is such That if the said Ralph Holte his Heâ—â—â— or Assignes shall and will for his and their parts well and truly observe fullfill and keep the Award Doome and Order of Sir Thomas Spencer Knight and Baronet and Edw. Sheldon Esquire for and concerning Suits matters and controversies moved depending or being between the said Ralph Holte on the one part and the above named Sir Richard Farmer on the other part for and concerning the Common for foure hundred sheep and right for keeping conyes in and upon the grounds called Bayards green in the County of Oxford and all Commons and other profits claimed therein by the said Ralph Holte and the Right Title and possession of the same Common and keeping of Conyes so as the said Sir Thomas Spencer and Edward Sheldon do make their sayd Award touching the premisses or any part thereof on this side the Feast day of the Nativity of our Lord next coming after the Date hereof and do cause the same to be put in writing under their hands and seales ready to be delivered unto the said Ralph Holt then this present Recognizance to be void or else to stand in force and vertue which being read and heard the Defendant prayeth imparlance and hath it c. And it is continued by imparlance untill Cr. Tri. 20. Jac. at
Henr 6. Fitzh processe 72. The great question was whether the plaintiff should have such a Scire facias against the sheriff or a writ of Detinue but it was not adjudged but by the consent of the parties the demâ—urrer was waived and issue taken Note that in the very case there was a non suit at Surrey Assizes upon issue taken upon the avowry for damage feasant and such issue is not expressed in the writ for which the writ is not good Quaere tamen Note where the pledges were sufficient at the time of the taking c. and afterwards in the Terme it was tried at the bar and found for the Defendant notwithstanding that the plaintiff gave in evidence that one of the pledges was insufficient because he should have replyed that I.S. one of the pledges was not sufficient at the time of the taking c. Iac. rot 2752. It is thus contained Surr. ss It was commanded the Sheriff whereas Edmund Travers was summoned to be in the Court of the Lord the King now before his Iustices here to wit at Westminster to answer Rich. Ray of a plea wherefore he the thirtieth day of August Anno of the Lord the King now of England the nineteenth at Deptford in a certain place there called H. took the cattell to wit three Geldings four Oxen five Cowes seventy sheepe and one Calfe of the same R. and them unjustly detained against sureties and pledges c. of which said taking and unjust detaining of the cattel aforesaid the same Richard Raye another time to wit the one and thirtieth day of August Anno 19. abovesaid without our writ levied a certain plaint against the same Edmond Travers before R. M. Knight late Sheriff of the county of Surrey in his County Court then held at Guildford in the same County of Surrey and then and there in the same County Court aforesaid found to the then sheriff of the sayd County of Surrey Pledges as well to prosecute his plaint as for the Return of the cattell aforesaid to the same Edmund or the price of them if returne of them should be adjudged to the said Edmund to wit certain R.R. and R.K. upon which said pledges the same then sheriff of Surry afterwards to wit then at the petition of the said R.R. the cattell aforesaid according to the Law and Custome of the Realm of the Lord the King of England to the same Richard Raye caused to be replevied the Record of which said plaint afterwards by Writ of the said Lord the King to the sheriff of the sayd County of Surrey in due manner sent here to wit at Westminster aforesaid was had and the same R. Ray afterwards in the same Court of the Lord the King here being solemnly called came not but made Default by which afterwards to wit in Michaelmas Terme Anno 19. abovesaid in the same Court of the Lord the King here it was considered that the same Richard Ray and his pledges to prosecute should be thereof in mercy let the names of the pledges be enquired of and that the same Ed. Travers should go thereof without day c. And that he should have Return of the Cattell aforesaid whereupon by writ of the said Lord the King it was commanded to the late sheriff of Surrey that he should without delay make returne of the cattell aforesaid to the said Edmond Travers and should not deliver them at the complaint of the sayd Richard Ray without the writ of the said Lord the King which should make expresse mention of the said judgment and in as much as that precept of the Lord the King should be executed he should make to appear to the Justices of the Lord the King here to wit at Westminster in Cro. sancti Trinitatis Anno Regis nunc 20 And the same late sheriff of Surrey to the Justices of the said Lord the King here to wit at Westminster aforesaid at that day returned that before the coming of the said writ to him therein directed the cattell aforesaid were eloyned by the same R. Raye to places to him unknown so that hee could not make returne of the cattell aforesaid to the said Edmund Travers as by the said writ to him it was commanded c. whereupon it was commanded to the same Sheriff of Surrey that of other cattell of the said R. Ray to the value of the cattell aforesaid first taken hee should take in Withernam and should deliver them to the said Edmund Travers to keep to him untill he could cause to be returned to the said Edmund Travers the cattell before taken and that he should put by sureties and safe pledges the same R. Ray that he should be before the Iustices of the said Lord the King here to wit at Westminster Tres Trin. then next following to answer as well the said Lord the King for the contempt as to the said Edmund Travers for the damages and injuries to him in this behalfe done and the said sheriff of Surrey to the same Iustices of the Lord the King at Westminster at that day returned that the same R. Ray had no goods nor chattells in his Bayliwick which he could take in Withernam nor had any thing in his bayliwick by which he m ght be attached according to the Exigency of that writ as by the Record and proceedings therein in the same Court of the Lord the King here remaining manifestly appeareth whereupon the sayd Lord the King to the same then sheriff by another writ of his had commanded that by honest c. he should make known to the same R. R. and R. K. his pledges that they should be here at this day to wit in Cro. Animarum then next following to shew if any thing c. wherefore the cattell aforesaid ought not to be delivered to the same Edmund Travers for the same cattell of the same Richard Raye by the same Edmund Travers so before taken and now by him eloyned as they as aforesaid became pledges And now here at this day came the said Edmund Travers by Henry Millet his Attorney and offered himselfe the fourth day against the same R.R. and R. K. pledges in the plea aforesaid and they being solemnly called came not and the sheriff now returneth that they have nothing c. nor are found c. And whereupon the same Edmund Travers of having the Return of the cattell aforesaid hath been a long time delayed wherefore he supplicateth to the said Lord the King to exhibit Iustice to him and that the statutes of the Lord the King of his Kingdom made for the bettering of the same may remain stable the Kâ—ng will for the benefit of his Leige people by speediest remedies consonant to the same Statutes be assistant The sheriff is commanded that by honest c. he make known to the said R. M. late sheriff of the same County of Surrey who took the pledges aforesaid in form aforesaid that he should be here at this day A
or Coppice called Weston Wood aforesaid and also the third part of the profits of the Mannor-Court of Weston upon the green aforesaid Tythes of wood Third part of the profits of Mannor Couâ—t 3d part of the the advowson of the vica ridge of W. and of one Close called Cow-lease c. And also the Advowson of the vicaridge of the Church of Weston aforesaid to hold to the said Countesse and her assignes in severalty by metes and bounds in the name of her whole Dower to her out of the Hundred Mannor Tenements Rectory and Advowson aforesaid after the death of the sayd Francis late Earl of Berks her late Husbandhapning as by the sayd Writ to him it was commanded c. The like assignment of Dower between the same parties upon the same Roll. Summons ss JUry of twenty four Knights of the Neighbour hood of T. ven recogn if the Jury by whom a certain inquisition was lately summoned in the Court of the Lady the Queen Entry of a writ of summons in an attaint executed and awarding of a resummons against the defendant hab corp against the grand Iury and Distring against the petii jury before the Iustices of the said Lady the Queen here to wit at Westminster by writ of the Lady the Queen and afterwardr before the Beloved and faithfull of the said Lady the Queen R. C. Knight Cheif Iustice of the Lady the Queen assigned to hold pleas before the said Queen and G. G. Esquire Attorney Generall of the said Lady the Queen Justices of the said Lady the Queen assigned to take the Assizes in the County aforesaid by writ of the said Lady the Queen of Nisi prius by Form of the statute c. at Stonystratford in the County aforesaid taken between R M. Gent. plaintiff and I.Y. of T. c. and R. W. of T. c. of a certain Trespasse to the same R. by the said I. and R. done as it was said made a false oath as the same R. greivously complaining hath shewed to the said Lady the Queen or not And now here at this day to wit in Octab sancti Hillarii came the same R. M. by T. his Attorney and the said I. Y. and R.W. summoned c. 4 Die pl. being solemnly called came not and of them the sheriff now returned that he summoned Summons returned c. therefore let the same I.Y. and R W. be resummoned that they be here 15. Pas to hear the sayd Iury of twenty four Knights and also J. Jugram I. S. I. S. c. twelve Iurors of the first Inquisition aforesaid being called came not and of them the sheriff now returneth that every one of them is severally attached by pledges J Denn and R Fenn Hab. corp Iur. 24 Milit. Therefore they in mercy c. therefore the Iury of twenty four Knight aforesaid is respited here untill the said Terme Distring Iur. prim inqisitionis c. and that the sheriff have then and there the bodyes of the same Iury of twenty four Knights to make the said Recognizance c. their Lands c. and that of the issues c so that he may have their bodies here at that Terme to heare the Recognizance the same day is given to the same R.M. here c. P 8. Jac. rot 1938. Brownlow Lincoln ss Entry of a writ of summ and resumm in attaint and Distring awarded against the grand Iury the party and the petit Iury. Iury of twenty four Knights of the Neighbourhood of W. vid. Recogn si Jur. by whom a certain inquisition was lately summoned before the Lord the King at Westminster by Bill without the writ of the said Lord the King between Henry Earl of Lincolne one of the Peeres c. of England and Ed. Dymock Knight of certain Trespasses and contempts against the Forme of the statute De scandalis magnat therein lately made and provided and afterwards before the beloved and faithfull Peter Warburton Knight one of the Iustices of the Lord the King of the Common Bench and Thomas Foster Knight one of the Justices of the said Lord the King of the same Bench Iustices of the said Lord the King assigned to take the Assizes in the County aforesaid by writ of the said Lord the King De nisi prius by Forme of the statute therein made and provided P 4. Eliz rot 532. Cerciorare to certifie a retorn whereupon an attaint is brought The grand jury the Defendant and the petit Jury make default Quaere the sheriff returns not the writ Resummons awarded against the grand Jury parties and petit Iury. at the Castle of Lincolne in the County aforesaid taken made a false Oath as the said Earl to the said Lord the King now greiviously complaining sheweth or not And now here at this day to wit Tres Sept. Pasch here came the sayd Earle by his Attorney aforesaid and as well the Iurors of the Iury of twenty four Knights aforesaid as the same E. D. and also Lawrence Coddington of C. with eleven other Iurors of the first inquisition aforesaid being solemnly called came not therefore let the same jurors of the jury of twenty four Knights be resummoned that they be here in Octab. Sancti Trinitatis to make the jury of twenty four Knights and that jury of twenty four Knights is respited here untill that Terme and as well the said E as the said jurors of the first inquisition aforesaid are resummoned that they may be here at the same time to hear the said Iury of twenty four Knights the same day is given to the said Earle here c. At which day here came the said Earle by his Attorney aforesaid and the sheriff did nothing therein nor sent the writ thereof therefore as before let another writ thereof be made returnable here 15. Michaelis the same day is given to the said Earl here c. At which day here came the said Earle by his Attorney aforesaid and as well the sayd Edward as the said twelve jurors of the first inquisition aforesaid resummoned Al. resum awarded c. 4 Die pl. being called came not c. and also the jury of twenty four Knights aforesaid likewise being called came not therefore that jury of twenty four Knights is respited here untill Cr. sancti Martini and the sheriff is commanded that he distrain as well the sayd jury of twenty foure Knights that they be then here to make the jury of twenty foure Knights aforesaid A Distring awarded See the like between the parties aforesaid M 9 Iac rot 3127. Br. as the same Edward as the same Iury of twelve jurors of the first inquisition aforesaid that they be here at the same time Auditur Recognitionem illam c. the same day is given to the said Earle here c. and it is to be known that a writ thereof the Iustices here in Court that same Terme have delivered a writ thereof to R. S.
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
further of our more abundant and speciall grace certain knowledge and meer motion and for the laudible service to us and our dear Sister the Lady Eliz. late Queen of England And also for all things to the republique heretofore in the Administration of justice performed for us our heires and successors we give and grant to you the said George K. one Annuity or annuall Rent of a hundred pounds of lawfull monie of England yearly to you the said George Kingesmill and your Assignes for and during the naturall life of you the said George Kingesmill to be paid at the receit of our Exchequer our Heirs and Successors by the hands of our Treasurer and Chamberlain and of our Heirs and Successors for the time being out of our Treasury in the hands of our Heirs or Successors from time to time hapning to be at the four Feasts c. by equall portions yearly to be paid during the naturall life of you the said George K. Wherefore we will and by these Presents firmly enjoyning we command as well to our T. C C. and Barons of our Exchequer our Heirs and Successors for the time being as to all and singular other our Officers and Ministers and all our Heirs and Successors whatsoever for the time being to whom it shall belong in this behalf that they and every of them upon the sole demonstration of these our Letters Patents or the Inrolement of them without any Writ or Warrant from us our Heirs or Successors to be prosecuted or obtained the said Annuity of a hundred pounds by the year to the said E. K. and his Assignes they should pay and deliver in form as abovesaid or should cause to be paid and delivered And that these our Letters Pattents or the Inrolement of them shall be as well to the said Treasurer C â— and Barons of our Exchequer aforesaid and of our Heirs and Assignes As to all and singular other our Officers and Ministers our Heirs and Successors whatsoever for the time being to whom in this behalf it shall belong a sufficient Warrant in this behalf for that no expresse mention of the true yearly value or of the certainty of the Premisses or of any of them or of any other Gift or Grants by us or any of our Progenitors to the said George Kingesmell before these times made in these Presents be not made or any Statute or Ordinance Provision Proclamation or Restriction to the contrary thereof before now be had made done ordained or provided or any other thing cause or matter whatsoever in any thing notwithstanding in Testimony c. Amercement The Sheriff amerced for making of an insufficient return upon a Writ in wast M. 19. H. 8. Rot. 260. At which day here came the said Elizabeth by her Attorney aforesaid whereupon the Premisses being seen and by the Justices here sully understood It seemeth to the Justices here that the return of the Writ aforesaid is insufficient in Law for that in the same return no mention is made that the said Sheriff in his proper person came to the places aforesaid wasted Therefore the same Sheriff to wit H. A. Esquire in mercy And he is fined by the Justices here at twenty shillings And as before let another Writ be made thereof to the said Sheriff in form aforesaid returnable here in 8. S. Trinitatis c. The Sheriff is amerced for not returning of a Capias utlagat E. 12. Iac. Rot. 2243. ss Edw. R. Esquire Sheriff of the County aforesaid for that he returned not here into the Court a certain Writ of Capias utlagat against P. P. at the Suit of T. T. in a plea of Debt returnable before the Justices of the said Lord the King here 1. die c. that same term in mercy and is fined by the Justices here at ten pounds The Sheriff amerced for not returning of a Cap. sat after severall daies given him by the Court. ss I. P. Esquire for that that at severall daies to him given by the Court here he returned not the Writ of the Lord the King of Capias ad satisfaciendum for forty pounds for debt and sixty pounds for damages to the same Sheriff directed to satisfie M.T. Knight Plaintiff against E. D. of c. Gent. returnable here Mense Mich. that same term in mercy And is fined by the Justices here at a hundred and three pounds six shillings eight pence c. The Marshall of â—he Court of Common Bâ—nch foâ— that he attended not up on the Iudge upon the Ess in day is fined twenty pounds M. 10. Eliz. Kot primo Whoteley ss It is considered by the Court for that that Andrew Billesly Marshall of the Court aforesaid kept not the day of Essoynes here in Court S. Trinitatis that same term nor attended upon Humphrey Brown Knight oâ—â— of the Justices of the Lady the Queen of the Bench here then at that day being for the receiving of the four Essoynes of the same Cro. S. Trinitatis And also further because those things which appertained to his Office of Marshall in that behalf were not done Therefore the same Andrew in mercy and is fined by the Justices at twenty pounds Appearance LOndon ss It was commanded the Sheriffs Entry of an appearance upon an attachment of priviledge in discharge of an Obligation made to the Sheriff for his appearance and baile in Court to the Action T. 3. Car. Reg. rot 2002. H. 19. Jac. rot 1. c. Brownlow the like E. t y of the appearance that they should attach T. F. so that they might have him here at this day to wit upon Saturday next after the morrow of the holy Trinity to answer I. C. one of the Attorneys of the Court of Common Bench of the Lady the Queen here according to the liberties and priviledges of the same Court for such Attorneys and other Ministers of the same Bench from the time whereof no memory is extant used and approved in the same in a plea of Trespasse And the Sheriff now returneth that he is attached And now here at this day came the said T. in his proper person and saith that he and divers other persons of his friends at his request who are bound by their writing obligatory to the said Sheriffs of London in a great summ of monie that he should personally appear here this day to answer to the said I. in the plea aforesaid And as well for his indempnity as for his security aforesaid prayeth that his appearance by the Justices here at this day may be recorded c. whereupon the appearance of the said T. at this day is recorded c. And hereupon came here into the Court certain N. F. of c. and W. S. of c. and undertook and both of them undertook in the summ of a hundred pounds for the same T. and the same T. being likewise present in Court in his proper person Entry of the Recoâ—nizance upon the
judgment in a writ de droit de Gard. P. 2. H. 7. Rot. 50 Scire Fac upon a judgment in detinue for Cattle and for Debt ss IT was commanded the sheriff whereas I. P. one of the attornies of the Court of the Lady the Queene here of the common Bench lately in the same court of the Lady the Queen here to wit 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here Entry of a Sci fac against an heire upon a judgment against his father in debt and an Elegit awarded by the consideration of the same Court had recovered against I. K Kt. aswell a certaine debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted and by the record and proceedings therein in the same court of the Queen here remayning manifestly appeareth Neverthelesse execution of the judgment aforesaid yet remayneth undon M 26 27. Eliz. rot and the same I. K Knight is dead as by the information of the said I P. the Queen understandeth And because c. that by honest c. he make known to I. K. Esquire son and heire of the said I. K. Knight and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee simple at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim to shew if any thing c. wherefore the said 12 l. 6 s. and 13 s. 4 d. ought not to be made of the lands and tenements which were of the said I. K Knight in Fee-simple at the time of giving of the Judgment aforesaid in his bayliwick being in the seisin of the said I. K. the son and rendred to the same I. B. according to the form of the recovery aforesaid And now here at this day came the same I. P. in his proper person and offered himselfe the 4. day against the said I. K. the son in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath made known to I K the son of being here at this day by I D and R F honest c. Therefore it is considered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple at the time of giving of the judgment aforesaid being in the seisure of the said I. K. the son by default c. and hereupon the same I. P. hath chosen to be delivered to him the moyety of all the Lands and Tenements which were of the said I. K. Knight in Fee-simple being at the time of the judgment aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided untill the said 12 l. 13 s. 4 d. be thereof levyed and prayeth a writ thereof to be directed to the sheriff of the County aforesaid And it is granted to him retornable here in Oct S. Hill c. quaere de rest forme H 3. Jac. Rot. 308. ss Entry of a Sci fac against an heir and judgement thereupon by default upon a judgement had against the Father deceased in the time of another King It was commanded the sheriff whereas R. S latly in the court of the Lady Eliz. late Queen of England to wit in the Term of the holy Trinity An. 30. before E. A. Knight c. by the consideration of the same Court had recovered against T S late c aswell a certaine debt of 40 l. as 40 s. which c. as by the record and proceedings here in the Court of the Lord the King now here remaining manifestly appeareth notwithstanding execution c. And the same T is dead as by the information of the same R. c. and because c. that by honest c that he make knowne to W S son and heire of the said T. who hath lands and Tenements which were of the said T in Fee simple in Cr. Tri. An. c. or at any time afterwards that hee should be here at this day to wit in Oct. Hill to shew if any thing c. wherefore they ought not to make the debt and damages aforesaid of the lands and Tenements aforesaid being in the county aforesaid and render them to the said R. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same R by I H his attorny aforesaid and offereth himselfe the fourth day against the said W. in the plea aforesaid and he being solemnly called came not and the sheriff now retorneth that he had made known to the said W. son and heire of the said T. and tenant of two messuages and 100. acres of land Scit fac returned with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli to shew in form aforesaid c. by I. K. and L. I. honest c. and hereupon the same R. prayeth execution against the said W. of the debt and damages of the lands and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity to him to be adjudged c. Therefore it is considered that the said R. have execution against the said W. of the debt and damages aforesaid to be levied of the tenements aforesaid by default c. Inquire of the forme of this writ P 4. J. Ro. 25 57 Upon a Recovery in debt against G. K son heir of W K. by I. Harper Sci. fac to the Tenants of the lands Tenem which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42 Eliz. which day the said Iohn Harper purchased his originall writ in debt against the said W. that he should be here in Oct. Hill c. Entry of a Sci fac brought by an executor against an h ire upon judgment against his Father c. H Ill. 5. Jac Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9. It is thus contayend Corn. ss It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England to wit in Mich. Term An. 37 and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here to wit at Westminster had recovered against I C late of c. aswell a certaine debt of 40 l. which c. as 40 s. which c. put c. Execution notwithstanding c. and aswell the said