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.
aforesaid here c. came aswell the same R. as the same R B. in their proper persons and the jurors of the jury aforesaid being called came who being elected tried and sworn to speak the truth of the within contayned said upon their oath ut in Recordo where upon the same Justices at L. peâ—fixed a day to the parties aforesaid before the Justices of the Lord the King of the Common Bench at Westminster Iustice at Lanc. prefixeth a day for the parties to be at West to wit upon Monday nâ—xt after tres Pas next to come to heare their judgment thereof c. therefore c. AFterwards to wit in Oct. Mich. next following Iudgment in Banco after issue tried in the county Pâ—ll of Lanc. upon a mittim of the record there P 4. 5 P. Ma. rot 632. Iudgment in debt here to wit at Westminster which same day the same plaintiff and Defendant have by the prefixment of W R. and N. P. Justices of the said Lady the Queen at L. to heare theire judgment here c. came aswell the said Plaintiff as the said Defendant by their attornies aforesaid and the said Justices at L. sent here his record in these words Afterwards c. whereupon the premisses being seen and by the justices here fully understood it is considered that the said plaintiff recover against the said defendant his debt aforesaid And his damages to ten shillings by the jury here in Form aforesaid assessed and also 40 s. to the same plaintiff at his request for his costs and charges aforsaid by the Court here adjudged of increase which said damages in the whole do amount unto 50 s. and the Defendant in mercy c. P 4. Eliz. Rot. 503. Brownlow ss Entry of a Resuâ— in debt against an heir he prayes the Plaint may cease till plea in age and it was granted and after full age a Resum is awarded against a Baron and Feme P 8 Jac Rot 205. Satisfaction for part It was commanded the sheriff whereas I. H. late of c. Spinster daughter and heire of D. H. Gent. lately called c. in the county of Cornwall Gent late in the Court of the Lady Eliz. late Queen of England of the Common Bench was summoned to answer E. V. of a plea that she render to him 40 l. which shee then ought him and unjustly detayned for that to wit that whereas the said D. Father of the said Jane whose heir she is in his life time to wit the 21. day of I. An. 22 Eliz Reg. at L. by his certaine bill obligatory which the said S. with the seale of the said D Sealed into the said Court of the Queen brought the date hereof was the same day and year acknowledged himselfe to owe to the said S. 43 l. 16 s. to be paid to the said S. when he shall be thereof required for which payment well and truly to make the said D. had bound his heires executors by the same B. and the said D in his life time of 96 s. thereof to the said S. afterwards satisfied and that the said D. in his life time and the said Jane daughter and heir of the said D. after the Death of the said D. although often required the said 40 l. residue have not rendred but the same to him to render have gainsaid and the same I. to the said D to render yet doth gainesay as the said S. then said The said I. appearing in the said Court of the said Lady the Queen said that she was within the age of 21. Plaint remaineth untill c. yeares And that she intended not nor ought during her minority aforesaid to answer the said S. in the plea aforesaid and prayeth that the plaint aforesaid might remaine unto the full age of the said Jane And because the same S. in the same Court of the Queen did not gainesay that it was considered that the said plaint should remaine untill the full age of the said I. as by the Record thereof in the court of the Lord the King here remaining manifestly appeareth and whereas the said S. afterwards to wit the 23. day of I. An. Reg. nunc 3. came into the court of the Lord the King before his Justices Averment of the full age of the Feme and that she is married c. And said that the said Jane was of full Age and that the said Jane after that the said plaint remained without day and before the said 23. of Jan An. 3. c. abovesaid to wit such a day and yeare at L. had taken to husband one A. P. Gent. and is now marryed to the said A. Resummon by good summoners the same A and I. his wife that they be before the Justices of the Lord the said King here at this day to wit such a day to heare the record their judgment of the plaint aforesaid that he should then have here the summons and that writ and now here at this day came the same S. by I. H. his attorney and offered himself the 4. day against the said A. and I. in the plea aforesaid and they came not Nihil returned And the sheriff to wit N P. Esq now retorneth that they had nothing in his bayliwick whereby they could be summoned and hereupon it is testified in the said court of the Lord the Kâ—ng here that the said A. and I. have sufficient in the county whereby they may be resummoned Testat resummons Therefore the Sheriff of Devo is commanded that he resummon by good summoners the said A. and I. of being here 15. Trini to heare their judgment in the plaint aforesaid the same day is given to the said S. here c. Remissio Recordi The Record remitted Justic Lanc. upon a forraign Voucher P 26 H. 8. rot 337. AFterwards the processe being continued between the parties aforesaid in the plea aforesaid by the Jury put therein between them is respited here untill this day to wit Oct. Mich. then next following unlesse the Justices of the Lord the King assigned to take the Assizes in the County aforesaid by forme of the Statute c. on Munday at the Feast of Saint Lawrence next past at Salop in the sayd County of S. first came And now here at this day came the same Executors by their Attorney aforesaid and the same Justices of Assizes before whom c. sent here their Record in these words Postea c. And because the Court of the King here cannot proceed further in the plaint aforesaid therefore the said plaint is remitted to the Iustices of the said Lord the King of his County Palatine to proceed in the said plaint as of right and according to the Law and Custome of the County Palatine aforesaid is to be done c. And it is sayd to the said F. F. Attorney of the said Executors that the same Executors be before the Iustices of the Lord the King
of c. in their Bayliwick they should cause to be made as well a certain Debt of a hundred pounds which T G in the Court of the Queen here recovered against him as six pounds as forty shillings which same T. in the said Court here were adjudged for his damages c. Re. Oct. Hillar And now here at this day c. and the Sheriffs Nichil c. And hereupon it is testified in the same Court That the same G. after the death of the same W sold diverse goods and chattells which were of the said W. at the time of his death and the monies received for those goods and chattells converted into his own use and the residue of the goods and Chattells which were of the said W were eloyned or to his own use converted with the intention that the said Execution should not be done Therefore it is commanded the Sheriffs that of the goods and chattells which were of the said W at the time of his death being in the hands of the said G. they should cause to be made the Debt and damages aforesaid If they can be found in their Bayliwick otherwise by the Oath of honest and lawfull men of their Bailiwick they should make diligent enquiry what goods and chattells that were of the said W at the time of his death by the said G after the death of the said W are sold or eloyned or converted to the use of the said G. and what they shall finde by that Inquisition the sheriffs should make appear here such a day under their seale c. and seales c. the same day is given to the said T here c. At which day here came the said T by his Attorney aforesaid and the Sheriffs to wit T. C. and W. C. now return a certain inquisition taken before them at Guild Hall of the City of London by the oath of twelve c. by vertue of the Writ aforesaid taken by which it is found that diverse goods and chattells which were of the said W. B. at the time nf his death to the value of one hundred and ten pounds came to the hands of the same G. B. after the death of the same W. B. to be administred and that the same G. had converted all the same goods and chattells to his own use Therefore it is commanded the Sheriffs that by honest and lawfull men of their Bailiwick they should make known to the said G that hee should be here alia die to shew if he had or knew any thing to say for himselfe wherefore the said T Execution against him for the Debt and Damages aforesaid of his own goods and chattells ought not to have c. according to the Form of the Recovery aforesayd if c. Nihil returned Al fi fac awarded At which day here came the said T. by his Attorney aforesaid and the Sheriffs now returned that he hath nothing c. nor is found c. Therefore as before it is commanded the Sheriffs that by honest c. they make known to the said G. that he should be here at this day to shew in Forme aforesaid c. Defendant appeares And now here at this day came as well the same T. by his Attorney aforesaid as the said T. premonished c. by T. W. his Attorney and the sheriffs now return that the said G hath nothing c. nor is found c. hereupon the said T prayeth Execution against the said G of the Debt and Damages aforesaid Prayes Execution of his proper goods Quere of the proper goods and chattells of the said G to be levied to him to be adjudged c. Quaere if such a Writ be usuall See Petifers case Coke 5 fol. 32. That such writ Est male Barr by confession that execution ought to be against him for the damages of his proper goods but as to the debt pleads fully administred before the Teste of the originall against funeralls and payment of debts and that he had not the goods found by the inquisition nor wasted c. and the eupon a demurrer Plene administravit specially pleaded about funeralls payments of debts and other necessaries c And traverseth the wast found by the inquest of office Judgement for the defendant after demurrer Nota And the same G as to the Damages aforesaid saith That he cannot gainsay but the same T ought to have Execution against him for those Damages of the proper goods and chattells of the said G. according to the recovery aforesaid therefore it is considered that the said T. have Execution against the said G. of the Damages aforesaid of the proper goods and chattells of the same G. according to the Recovery aforesaid and as to the Debt aforesaid the said G. saith That the same T ought not to have Execution for that Debt of the said proper goods and chattells of the said G by pretence of the Recovery and inquisition aforesaid because he saith That he before the day of purchasing the Originall writ of the said T. fully administred all the goods and chattells which were of the said W.B. at the time of his death about the Funerall and payment of Debts of the said W. and other necessary things to be done and administred by the same G as Executor of the Testament of the same W. and then nor at any time afterwards had not nor yet hath any goods or chattells which were of the said W B in his hands to be administred nor goods or chattells in the inquisition aforesaid above contained or any of them or any other goods which were of the said W B at the time of his death to his proper use converted or otherwise wasted and this he is ready to verifie whereupon he prayeth judgement if the said T execution against him for the Debt aforesaid of the proper goods of the said G. by pretence of the Recovery and Inquisition aforesaid in Forme aforesaid ought to have c. And thereupon the plaintiff demurrs in law and judgment for the Defendant which judgement was afterwards reversed in the Kings Bench by writ of Error That the first issue was Non est factum Testatoris and found against the Defendant and thereupon judgement and a Fieri Facias and the sheriff returned Nichil and upon a Testat Devastavit a writ of ad inquirend de Wast and wast found by Inquisition and thereupon this Scire facias to the Defendant who appears and pleads Two Scire facias Where the Defendant pleads Plene administravit Nota. and assets are sound and judgment thereupon and the sheriff returns a devastavit such speciall Devastavit is not a good plea for that it is contrary and repugnant to the sheriffs Return but in such case such Inquisition may be traversed HIll 33. Eliz. rot 612. Between W and S. Scire facias against an Executor upon a surmise that the Executor had wasted the goods of the Testator against which
Assizes and Execution therein awarded at B. before the day in the Bench. P 28. H 8. rot 438. Ayde of the King granted in a Scire facias to execute a fine between Melton and the Earle of Northumberland EAster 34 Edw. 1. rot 27. A sci fa. brought by the King upon a judâ—ment in an assise Darrein presentment had by the King by reason of the wardship of an ideot brought against man and wife an estranger upon disturbance Defendant pleads that the lessor was respited untill 8 Hil. for default of the Recognitors c. ss It was commanded the sheriff that whereas the Lord the King in the Court here to wit in 8 sancti Martini Anno Reg. 21. had recovered against H C. and I his wife and R. B. the presentation to the Church of W hy reason of the Lands of R. W. a Fool and in the Kings custody by which it was commanded the Bishop of Winchester that notwithstanding wreck-land of the said I and R. B. hee should admit of a fit Parson to the said Church at the Presentation of the King by vertue of which said command the said Bishop admitted one I S his Clerke at his presentation to the Church aforesaid and the said Church by the resignation of the said I. S. Clerke is now void and belongeth to his Donation by reason of the custody aforesaid the same H. I. and R. B. do not permit the sayd King to present a fit parson to the Church aforesaid in contempt of the Lord the King c. and his immoderate losse and vexation We command you that by honest c. you shall make known c. to shew c. wherefore the Lord the King ought not to present a fit parson to the Church aforesaid by reason of the custody aforesaid c. And now here at this day came N. W. who followeth for the Lord the King and the same H. and R. came not and the sheriff now testifieth that he made known to them of being here c. by T. D. and F. E. whereupon the said N. W. who c. prayeth Execution by default of the said H. and R. And hereupon came the said Ioane and one Isabel the wife of the said R. and the same Joane assevering the same Advowson to be the right of the said Ioane and the same Isabell assevering the same Advowson to be the right of the same Isabell say That the Lord the King now by that writ nor also by vertue of the Record from whence that Writ issued ought not to have Execution therein because the said Isabel saith That she is joyntly enfeoffed of the advowson aforesaid together with the said R her husband and prayeth that she for default of her husband c. and prayeth to be admitted c. and the same Joan well knoweth that the Lord the King otherwise in the Court of the King here in Cro saucti Martini Anno supradict superdico arrayed the said Assize ult praesentationis against the said H. the same Ioan and the same R of the advowson of the Church aforesaid at which said assize they personally appearing pleaded and then put themselves upon that Assize so that then it was considered that the said Assize should be taken but that it should be respited here untill in 8 Hil then next following for defect of Recognitors c and say that afterwards in the same that Assize depending thereof between them undecided The Attorney confesseth the action without warrant in deceit of his client as is before said the Attorney of them the said H and Iâ—and of the said R again appeared in the same Court without warrant and granted to the said Lord the King presentation to the said Church that turne c. reserving the right of the said H I and R when they would speake therein wherefore whereas that Court had no authority or Jurisdiction to admit of the grant of the attorney of the said A I and R of the Advowson of the Church aforesaid upon the said Writ of Assize ultimo praesentationis which was respited here untill another Term to come pray judgement if any Execution upon such grant after the said Assize as aforesaid was respited ought to be made c. And because this same is found by the Record of the same Rolls of this Terme it is considered that the said Ioan and Isabell go thereof without day c. and whatsoever shall be done by pretence of the said Grant made after the Assize aforesaid was respited as aforesaid Judgment against the King shall be null and void and the Lord the King may bring an originall writ c. P 27 Edw. 1. rot 127 ss A Scire facias for the Tenant against the Vouchee to shew if any thing Scire facias brought by a Tenant in recovery to have execution of Lands in value against the voucher c. wherefore the Tenements aforesaid of the lands of the said Vouchee to the value of the Tenements aforesaid with the appurtenances in a competent place hee ought not to have c. Judgement against the plaintiff in Sci. fac for execution of a fine H 5 H 6 rot 304 ss In a Scire facias for executing a fine judgement was given against the plaintiff as followeth therefore it is considered that the said Plaintiff shal take nothing by his writ of scire facias but that the said Defendant go there of without day c. Sci fac upon a judgement in debt where the Defendant before execution fraudulently conveyed his lands and took sanctuary to the intent to defeat the plaintiff of his debt ss T 71 H 4 rot 109. Scire facias against one that made a Feoffment of his Tenements by Fraud and Covin and tooke Sanctuary but the said Defendant intending the plaintiff from the Execution of his debt and damages aforesaid maliciously to retard gave and granted divers lands and Tenements goods and chattells within his Bailiwick to divers certain persons by collusion between them had to wit that the Defendant should receive the profits thereof to his own use which same Defendant the profits thereof notwithstanding the said gift received and yet doth receive and fled to the liberty of the Abbot of W. and within the same Liberty stayed and there liveth upon the profits of his Lands and Tenements goods and chattells aforesaid as by the information c. praying according to the Form of the statute in this case made to be provided of a fit remedy in this behalf c. and because c. M 3 H 4 rot 11 5. ss Scire fac for Execution of Damagesr recovered in an Assize of fresh force in the City of Canterbury Sci. fac for damages in an assize of fresh force also for forty shillings according to the forme of the statute thereof made for that that the Defendant brought not the Record by him pleaded in Barr of the Assize according to the forme of the
statute of Westminster 2 Cap. 25. T 2. H. 6 rot 131. Scire facias against the sheriff Sci. fac against the sheriff for taking in sufficient pledges in Replegiary Sci. fac and judgement therein superseded for that the Defendant was in the Kings custody Sci. fac against one Executor to have execution c. upon a Sci. Fac de bonis testatoris against 2. executors returned no goods in the hands of the one and a devastavit against the other See 4 Eliz. Dyer f. 110. pl. for that he took not sufficient pledges to have returne of the Cattell irreplegiary T 2. H. 4. rot 110. entry of a scire fac upon the note of a fine Exetion awarded but afterwards a writ out of the Chancery was directed to the justices Ad supersedendum c. for that the Defendant against whom the judgement was awarded was in the Custody of the King P 4. H. 4. rot 403. A scieri facias against two Executors was returned that the said Executor have no goods or chattells which were of the Testators at the time of his death nor had at the time of the receiving of the Writ c. But that that the said A one of the Executors aforesaid had diverse goods and chattells to the value c. but had wasted them before the receiving of the said writ thereof Scire facias against him wherefore he ought not to have Execution against him De bonis propriis and Eexcution was therein by default c. SCire facias for I. S. widdow A genervll acquittance pleaded in bar to a Sci. fac to have execution upon a judgement Executrix of the Testament of I. S against I. R. an Attorney of the Bench upon a recovery by the Testator for Debt and Damages and the Defendant appeared and pleaded a generall Acquittance made by the Executrix c. A Sci fac against Coheires makes default and execution against him proportion ejus de hereditate contingen T 27. Ed. 1. Rot. 17. in a Scire Fac against Coheires vouch by the Tenant for the value one of the heires appeareth and pleadeth and the other maketh default Therefore let the execution be made against him for the portion to him happening out of the inheritance c. to the value of the residue c. P 6. H. 4 Rot. 192. ss in a Scire fac against Tenants for exempting a Fine Nota. the processe was continued untill the parties were at issue at which day one of the tenants dyeth and an other writ was sued by Jornies accompts Journeis Accounts and afterwards at the return of the 2. Scire Fac. an other of the Tenants dyeth and an other writ was sued by Jorneis accomptes and afterwards one of the Defendants made default Receit and afterwards came at a day in Court he that made default dyeth after the last continuance Parol demur for nonage of the heire and at a day in Court came his wife and her sister and prayeth to be received and for that they were within age they pray paroll demur c. M 14. H. 8 Rot 439. P. 4. H 8. Rot. 437. A Scire Fac. awarded to have execution against the Termor for yeares within the Terme upon suggestion that the Termor had surrendred to the Defendant A Sci fac against a Termor and had execution by default c. COrnub ss It was commanded the sheriff whereas Richard Rawlin was summoned to be before the Justices of the Lord the King to answer Richard Barret Esquire in a plea wherefore A Sci. fac brought by the heire of the Plaintiff in partition who after judgment and before partition made died whereas the same Ri. and Ralph had held together undivided 1. Messuage 1. Garden 40 acres of Land 6. acres of meadow and 60. acres of Pasture with the appurtenances in S. Minver the same Ralph to make partition thereof between them according to the Form of the statute in this case provided contradicted and suffered not the same to be don against the forme of the statute aforesaid in such manner thereupon in the same court it was proceeded that afterwards to wit in Mich term An. Reg. dicti domini Rs nunc 9 It was considered that partition should be made between the same Ri. and the said Ralph of the Tenements aforesaid with the appurtenances as by the Record and proceedings therein in the same Court here remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth undon and the same Richard is dead as by the information of M. B. and G. B. daughters and heires of the said Ric. the King understandeth and because c. that by honest c. he should make knowne to the said Ralph that he should be here at this day to wit 15. Pas to shew if any thing c. wherefore partition between the same M. and Grace and the same Ralph of the Tenements aforesaid with the appurtenances ought not to be made according to the Form of the consideration aforesaid if c. See the entry of this writ in the title Gardiano admittendo And now here at this day came aswell the said M. and Grace by N. Sprey who is admitted by the Court here to prosecute for the same M. and G. who are within age as Guardian of the same M. and Grace in the plea aforesaid As the same Ralph by Iohn Hunking his attorney and the sheriff now retorneth that the said sheriff by VVilliam Cook and Richard Harris honest c. made knowne to the said Ralph that he should be here at the day and place aforesaid as by that writ it was commanded him T 15 Jac rot 2035. H 20 Jac rot 679. between C and C and hereupon the same Mary and Grace pray that partition between the same M. and G. and the said Ralph of the Tenements aforesaid with the appurtenances may be made c. whereupon the same R. prayeth imparlance untill Cr Trin. and hath it c. the same day is given to the said M. G here c. See Tri 33. E. Rot. 1814. The tenor of a Writ of Dedimus Potestatem in gardiano admittendo in Dower sent to the Justices of the Common Bench and the entry there And after the entry this And hereupon it is granted by the Court here that the said T. M. follow for the same T. B. who is within age and guardian of the same Tho. against the said Eliz. in the plea aforesaid c. P 28. H. 8. Rot 408. ss L. and others against A. and others Entry in the Post The Tenant by W. A. his attorney commeth and calleth the Common Uouchee and after the judgment a Writ out of the Chancery to receive the attorney admitted is entred in haec verba M 44. and 45. Eliz. Rot. 1658. Entry of a Sci fac to have execution and seisin of new in dâ—wer for that the Sheriff in favour of the
and not found in his bayliwick as by the record and proceedings therein in the same court of the Lord the King before the Justices of the same Lord the King here to wit at Westminster aforesaid remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon and the same I. H Gent. is dead as by the information of Robert Broundling Esq Administrator of the goods and Chattles which were of the same I H. at the time of his death during the minority of W. H. and R H. Executors of the Testament of the said I. H. Gent. the King understandeth and because c. that by honest c. be should make knowne to the said I. H. Knight that he should be here at this day to wit 15. Pas to shew if any thing c. wherefore the same Robert ought not to have Execution against him of the debt aforesaid ought not to have c. according to the form of the acknowledgement aforesaid c. now here at this day came the same Rob. by I. Gill his attorney and offered himself the fourth day against I. H Knight in the plea aforesaid and he being solemnly called came not and the sheriff to wit Henry Chapman now retorneth that the said I. H. Knight hath nothing c. nor is found c. And hereupon the same R. saith that after the said 15. Pas last past the same I. H. Gent. at the Towne of New-Castell upon Tyne made his last will and Testament the same William H. and Ralph his Sons being then within the age of 17. yeares Executors of the same Testament made and ordayned And that the Administrators of all the goods and Chattles which were of the said I H. Gent. at the time of his death during the minority of the same William and Ralph by Clement Colmor c. The 19. day of November in the yeare of our Lord 1613. at the Towne of New Castell upon Tyne after the death of the said I. H. Gent to the same Robert was committed And he bringeth here into Court aswell the letters Testamentary of the same I. H. Gent. by which it sufficiently appeareth to the Court here the same William and Ralph to be Executors of the Testament aforesaid And thereof to have the administration As the letters administratory of the said officiall which the Commission of the administration aforesaid in Form aforesaid do testifie whose date are the same 19 day of November An. Do. 1613. abovesaid with this that the said Robert will verifie that the same William and Ralph are yet living to wit at the Towne of New-Castell upon Tyne and are within the age of 17. yeares and hereupon the same Robert payeth execution against the same I. H. Knight of the Debt aforesaid by default c. and hereupon the same Robert prayeth a writ of the Lord the King by the statute c. to the Reverend Father in Christ William Bishop of Durham or keeper of his place there to be directed And it is granted him retornable here in Cr. S. Trin c. ss BRownlow ss Whereas A. M Gent. and W. H. late of Entry of a Sci fac against manucaptors c. Gent. at an other time to wit 29 day of June An. 21. before Henry Hobart Knight and Baronet our Cheife Justices of the common bench at his Chamber in Serjeants Inne Fleetstreet London undertook and each of them did undertake to wit the same A. in the summe of 160 l. And the same W. in the summe of 80 l. that he the same A. should appeare in our Court before our Justices at Westminster in his proper person or by his sufficient attorney in Law to an action or writ of one R. S. against the same Arthur of and upon an action of debt upon demand of 80 l. before 8. Mich. then next to come to be commenced and in our said Court before our Justices at Westminster to be prosecuted and to answer to the same Richard in the plea aforesaid And also it should happen judgment after the appearance of the said A. in the Cour here made in in the same plea for the said Richard against the same A. to be given to satisfie to the said Richard of the debt and damages for the same Richard against the same A in the same Court in the plea aforesaid to be recovered or adjudged or that he the same A upon that occasion should render himselfe to the prison of the Fleet Which said summe of 160 l. the same A acknowledgeth to be made of their lands and chattles which said 80 l. the same W. acknowledgeth to be made of his lands and Chattles to be levied to the use and behoof of the said Richard if it should happen the said A. to make default in any of the premisses and thereof lawfully to be convicted which said Recognizance in Form aforesaid taken The said Cheife Justice afterwards to wit the 30 day of June then next following in our said Court with his owne hands and delivered to be inroled upon Record and now there before our Justices of the common Bench aforesaid at Westminster aforesaid in the Terme of the holy Trinity An. 21. abovesaid is inroled of which said plea of Debt a certain plaint before them was levied in our Court before Iohn Hodges Esq then being one of the sheriffs of London and the same plaint by our Writ upon our Command before our Chief Justice at his Chamber aforesaid was sent and had As by the record and proceedings therein in our said Court before our said Justices at Westminster remayning manifestly appeareth And although the same Richard before the said Oct. S. Mich. to wit the 17. day of September An. c. 21. abovesaid our certaine originall Writ in a plea of debt of 80 l. against the same A. out of our Chancery at Westminster aforesaid then being before our Justices of the Common Bench at Westminster aforesaid Oct. S. Mich. then next following retornable Commenced and the same A. at the said 8. S. Mich. by I. R. then his Attorney to the said Writ in Debt aforesaid as by the same Richard against the same A. in Forme aforesaid commenced according to the Forme of the Recognizance aforesaid appeared And afterwards to wit in 8. S. Hill then next following the same A. aswell of the said Debt of 80 l. aforesaid as in 7 l. which to the same Richard in our said Court were adjudged for his Damages which he had by the occasion of the detayning of that Debt whereof he was convicted and judgment there against the same A. for the same Richard in the same plea in our Court aforesaid was given as by the Record and proceedings therein in the same Court before our Justices at Westminster remayning manifestly appeareth Neverthelesse the same A. hath not rendred his body in execution of the Judgment aforesaid in our said Court at the said Oct. S. Hill nor satisfied the said Richard for the
of an Extent upon a statute Merchant by an executor 34 F Fieri Facias Entry of a testat Fi. fac de bonis propriis after a Devastavit returned 45 Entry of a Fi. Fac where parcell of the money is returned levied and a Fi fac awarded for the residue ib. Entry of a Fi Fac. where the sheriff retorned nihil habet a Fi Fa awarded to the ordinary de bonis ecclesiasticis 64 Entry of a Fi Fac. de bonis testatoris the sheriff retorned that part is levied de bonis testatoris and as to the residue a devastavit by the executor execution awarded de bonis propriis ib. Entry of a speciall Fi. Fac de bonis propriis Entry of a Fire Fac. for damages in replevy Fi Fac retorned but the money not brougth into the court a Scire Fac. is awarded to the Coroners c because the plaintiff is without remedy against the sheriff ib. In this entry precedents must vary Foringer Entry of a Forenger against an Attorney 49 Entry of a Foringer and commitment of an Attorney forging a writ de non molestando 50 Entry of a Foringer of the Clerk of the Jurat for not attending his Office ib. Entry of a Poringer of a Cryer of the court for his not attendance causa pro absentia non ostensâ— 51 Entry of a Foringer and severall punishments against an attorney for forging of a writ of Sup. to reverse an utlawry ib. Entry of a Foringer of a Philizer of the Vpper Bench for non attendance in his office in person 53 Fine Entry of the quashing of a Fine upon the execution and inspection of the infant acknowledged upon a Dedi Potestatem 54 Breve de Gardiano Admittendo Entry of a writ de Gardiano Admittendo in a writ of partition H Habeas Corpus ENtry of a Habeas corpus in debt where the sheriff retorned that he was not taken c. and a Distringas Nup. Uic awarded 55 Entry of a Habeas Corpus upon Privilidg with the Recognizance 56 Entry of an Amerciament for not Retorning a Habeas Corpus 58 An entry thereupon is broguht to the Bar by Habeas Corpus and charged with 20 l. debt by an Originall and processe of utlawry is awarded because he would not appear to the writ 59 The like where the Prisoner is remitted to prison ib. Entry of a Habeas Corpus of a Prisoner committed for causes Ecclesiasticall and inlarged without bail ib. Entry of a Habeas Corpus cum causa the sheriff returntd that he was detayned vertute warrantii whereupon he is committed 60 Entry of a Corpus cum causa of an attorney committed by a warrant from the High Commssioner who was discharged 61 I Inquiry Entry of a writ of Inquiry directed to the Justices of Assize to inquire of better issues 61 Entry of a writ of inquiry directed to the Justices of Assize to inquire of what issues the sheriff could answer 62 Entry of a writ to inquire de quantis exitibus 63 Entry of a writ to inquire awarded de novo where the sheriff retorned that he could not execute the old writ 64. Entry of the like writ against an Attorney in covenant broken ib. Entry of a writ to inquire of Damages for Fees for suing forth a writ of Covenant 65 L Liberari Facias ENtry of a writ of Liberari Fac. to the Conusee of lands extended upon statute merchant 67 M Mittimus ENtry of a Mittimus of a record removed out of another court by a Certiorare and sent to the Justices of the Bench. 69 N Ne Exeat Regnum ENtry of Ne Exeat Regnum and surety found 70 Nusance ENtry of a writ of Nusance to demolish a foundation laid ad nocumentum of a society of the Law 70 O Originall ENtry of an Originall directed to the Justices sued out by a Lord in Parliament 71 P ENtry of a generall Pardon to an utlawry after judgment for that it appeareth by record both debt and damages are satisfied 73 Entry of a speciall Pardon after satisfaction of the judgement where the defendant upon a Cepi Corpus being committed pleads the pardon and satisfaction and is set at liberty 73 Pardon and Release of demands pleaded in discharge of an Ex post cap. and a Scire facias awarded ib. Partition Entry of a Writ de partitione facienda and partition made 73 Plur. Replegiâ—â—e Entry of a writ of Plur. Replegiare properly claimed by the defendant a Writ of Proprietate probanda awarded c. 75 Entry of a Plur. Replegiare in homine repleg the sheriff returns he is inlarged a Capias in Withernam awarded of the body of the Avowant 78 Entry of a Plur. Repleg 67. Dyet this case reported 79 Pone Entry of a Pone and the sheriffs returned thereupon adjudged void for that he named not the Cattle in specie 80 Priviledg Entry of a writ of Supersedias for the servant of the Chief Clerk of the upper Bench And a counter part that the Defendant is Farmer to the said Chief Clerke of divers lands c. And traversed that he was is Clerk Demurrer 81 Entry of a Writ of Priviledge for one of the Six Clerks of the Chancery 83 Entry of the like writ for a Chancery Clerk ib. Entry of the like writ of the Ptothonotaries Clerk 84 Entry of the like for one of the Masters of Chancery ib. Entry of the like for the servant of the Keeper of the Rolls ib. Entry of an Attachment of priviledg against an attorney ib. Procedendo Entry of a Procedendo awarded in a plea of Lands to be removed out of an inferiour court by Recordare 85 Entry of a Procedendo Rege inconsulto ib. Entry of a procedendo upon a speciall return made upon a Habeas Corpus about the custome of London touching Apprentizes and their Indentures ib. Prohibition Entry of a Prohibition to the court of Stannaries 86 Entry of a Prohibition sine causa procedente to the Bpp. of W. for excomunicating one for serving a warrant of peace upon his Chaplin 87 Entry of the like out of the court of Request against the Corporation of Myners ib. Q Quare impedit Entry of a Quare impedit where the plaintiffs have a writ to the Bpp. upon the Bishops plea of the death of the Patron 87 R Ravishment de Gard. ENtry of the Writ brought by the Ki. The Kings attorney waives issue and the defendant erat sine die salvo jure Regali 88 Retorn Recordi Entry upon the returne of the Record sent to be tryed before the Judg at Lanc. after tryall in the Bench. 88 Entry of judgment after issue tryed in the Common Pallat Lanc. upon a mittimus of the Record there 89 Entry of a Resum against an heire sued within age after full age and it is awarded against him and c. ib. Remissio Recordi Entry where the record was remitted to the Judg at Lanc. upon a forreigne voucher 90 Entry where the record
was sent back from the Justices at Chester to the Bench to determine a Forreigne voucher day is given the tenants make default and for that the cause was determined 91 Entry of a Count ad Terminum qui Praet in County Palatine of Chester with the Pleadings 92 S Secunda Deliberatio Entry of a writ of Second Deliverance after the goods were taken in Withernam and the Defendants attorny was compelled to gage deliverance 93 Scire Facias Entry of a Scire Facias upon a recognizance against sureties in replevin after Averia elongat retorned 95 Entry of a Scire fac after a judgment reversed in writ of false judgment upon a Record in Dtinue 97 Entry of a Scire Fac directed both to the sheriff and Coroner to levy a debt upon a Fieri Facias and not paid at the retorne of the Fi Fac. 98 Entry of a Scire Fac. upon a generall pardon after a capias ut lagat wherein are speciall pleadings 110 Entry of a count in debt upon a generall pardon 100 Entry of a Scire Facias upon a recognizance where one of the defendants is dead and the other prayeth imparlance ib. Entry of a Scire Fac. against the Tenant by Elegit where part of the debt is levyed the residue brought And a delivery awarded 101 Entry of a Scire fac awarded in Aide 102 Scire Facias Entry of a Scire fac by an administrator against an executor where the letters of administration are shewed assets confessed to 40 l. and traverseth that he hath Nulla alia bona Replication that he hath more Assets and verdict 102 Entry of a Scire Fac. against an executor of 1 Manucaptor of 3. Manucaptors upon a Recognizance in debt judgment against the Principall Speciall pleadings 104 Entry of a speciall bar to a Scire fac against the executor to have execution de bonis propriis after a Devastavit retorned wherin judgment is for the Defendant after demurrer 109 After plene administravit pleaâ—ded assets are found and judgmen-thereupon the sheriff retornes a Deo vastavit such Spe. Devastavit â—n 1 good plea. 11â— Entry of Scire fac against an executor upon surmise that the executor had wasted the goods of the Testator after judgment tryall and speciall verdict therein ib. Entry of a Bar to an alias Scire facias upon Recognizance in priviledg where one makes default and the other pleads payment issue non solvit ib. Entry of a Scire fac against Ter-tenants upon judgment in debt after death of the obligee the recovery recited Elegit awarded de medietate terrarum 112 Entry of a Scire fac upon a Recognizance the defendant pleads a feoffement made of the lands c. before judgment c. and prayeth Iudgment The plaintiff saith that the Lands are held in Fee simple and Traverseth the feoffment 113 Entry of a Scire fac upon baile to make deliverance after gage deliverance of Cattle in Court against Manucaptors because the Conusee had not made deliverance Iudgment by nichil dicit ib. Entry of the like Scire fac against Manucaptors c. 114 Entry of a Scire fac upon a Iudgment in a Writ de Droit de Gard. Entry of a Scire fac upon Iudgment in detinue for Cattle ib. Entry of a Scire fac against an heire upon Iudgment against his father in Debt and an Elegit awarded 115 Entry of a Scire fac against an heire upon Iudgment against his father in the time of another King ibi Entry of a Scire fac against the Ter-tenants of lands descended to G. in Feesimple from W. his father and which were of the said G. 12. F. test of the originall 116 Entry of a Scire fac at the suite of an executor against an heire upon a Iudgment against the father viens per Discent pleaded in bar replication Assets per discent at the test of the Scire fac 111 Entry of a continuance of a Scire fac 118 Entry of a Scire Fac. by the surviving Administrator of the goods of the first intestat not administred by the first Administrator ib. Entry of a Scire fac to have execution de bonis propriis upon a devastavit retorned post Annum diem ib. Entry of a Scire fac brought by the executor against the administrator at the full age of the executrix upon a Iudgment had against the intestat by the administrator during the Minority of the Infant ib. Entry of a Scire fac against ter-tenants 119 Entry of an alias Scire fac against the Administrator upon Iudgment against the intestat 120 Entry of a Scire fac with a Capias testat thereupon awarded ib. Entry of an Alias Scire fac upon Iudgment had against the Principall upon originall in debt out of the common Bench. ib. Entry of an alias Scire fac where the first terme 122 Entry of a Scire fac upon a recovery in Dower against the ter-tenants for the value of the Damages ibi Entry of a Scire fac upon Iudgement had against 4. executors whereof 2. onely appeared and those only amersed 124 Entry of a Scire fac by a new Administrator during the minority c. of goods not administred by the first administrator upon a recovery by the first administrator Iudgment by nihil dic 125 Entry of a Scire fac to have the penalty given by the statute of 23. H. 6. cap. 11. against a sheriff for levying more monies upon a town for Knight service then the towne was taxed 126 Entry of a writ of Attachment issued out of Parliament to heare a bill to the same Parliament 127 Entry of a plea of speciall Bastardy pleaded in Bar to a Scire fac to have execution upon a fine demurrer thereto and judgment for the demandant ib. Entry of a Scire fac wherein execution was awarded at the Assize upon the tryall before the day in the Bench. 148 Entry of a Scire fac wherein aide is granted by the King to execute a fine ib. Entry of a Scire fac brought by the K. upon a judgment in Assize of Darreigne presentment had by the King by reason of the wardship of an Ideote Defendant pleads that the Lessor was respited untill 8. Hill for the default of the recognitors and judgment therein against the King ib. Entry of a Scire fac brought by the Tenant in Recovery to have execution of lands in value against the voucher 130 Entry of a Scire fac wherein judgment is given against the Pla. in execution of a fine ib. Entry of a Scire fa upon an indictment in debt where the defendant before execution fradulently convayed his lands with intent to defeat the plaintiff ib. Entry of a Scire fac for damages in an Assize of fresh force 131 Entry of a Scire fac against the sheriff for taking insufficient pledges in Repleg Entry of a Scire fac and judgment herein superseaded for that the def was in the Kings custody ib.
2048. Brownlow Continuance of the Extent where the writ is awarded in one County At which day here cometh the Conusee by his Attorney aforesaid and the said Sheriff hath done nothing therein nor sent the Writ thereof therefore as before let another Writ be thereof made to the same sheriff in form aforesaid returnable â—ere in Octab. S. Michaelis c. T. 5 Eliz. rot 373. Monmouth ss A Capias ad satisfaciend awarded after the Sheâ—iff had returned upon an Elegit that the Dâ—fendant had no goods noâ— lands At which day here came the said W. by his Attorney aforesaid and the Sheriff of the said County of Middlesex now returneth that the said C hath no goods nor chattells in his Bailiwick which he could deliver to the said W. and that the sayd C at the said 15. Novem. Pas nor at any time afterwards had any lands or tenements in his Bayliwick whereof he could deliver a moiety to the said W as by the said Writ to him it was commanded and hereupon the said W prayeth a Writ of the sayd Lady the Queen of taking the said C to be directed to the Sheriffs of London where the Originall Writ first issued and it is granted to him c. Therefore it is commanded to the Sheriffs of London that they take the said C if c. and him safely keep so that they might have his body here in Cr. S. Martini to satisfie the said W of the debt and pamages aforesaid and see the Roll 381. see 17 E 4 fol. 4 After the return of a Nichil upon an Elegit after judgment in a Scire facias the Defendant prayeth a Capias ad satisfaciendum and hath it and with this case Hobart and Winch agree as at large appeareth in Foster and Jacksons case in Mich 12 Iac. but Warburton and Nicholls were of a contrary opinion 34 H 6 f. 20 a. with this opinion Littleton agreeth Entry of a case in the proper County and Non inventus returned and a Testat ca. sat awarded into a forraigne County M 19 Iac. rot 510. Brownlow Norfolk ss The Sheriff was commanded that he should take H P late of London scrivener if c. and safe c. so that he should have his body here a die S. M in und mensem to satisfie I C of twenty seven pounds and foure shillings which to the same John were adjudged for his Damages which he sustained by occasion of not performing of certain premisses and assumptions to the same John by the said Henry at London in the County aforesaid done whereof he is convicted and now here at this day cometh the said Iohn by E H his Attorney and the Sheriff now returneth that he is not found c. And hereupon it is testified in the same Court of the King here on the behalfe of the said Iohn London that the said Henry doth lye hid and run from place to place in London Therefore the Sheriffs of London are commanded that they take the same Henry if c. and safely c. so that they may have his body here in Octab S. Martini to satisfie to the said Iohn of his damages aforesaid in form aforesaid c. Entry of a Capias ad satisfaciend M 2. and 3. Eliz Dyer fol 193. pl. 29. Cepi corpus returned M 2 and 3 Eliz. rot 1239 Lennard Middlesex ss It was commanded the sheriff that he should take Francis Kemp Gent. if c. safely c. so that he should have his body here at this day to wit in Cr S. Martini to satisfie Christopher Rich Gent one of the Attorneyes c. according to the Liberties and priviledges c. of one hundred and four pounds which to the same C in the same Court here were adjudged for his damages which he sustained by occasion of a cereaine trespasse to the same C by the same F with force and armes and contrary to the peace of the said Lady the Queene now at C in the County aforesaid done whereupon it is considered c. And now here at this day came the said C in his proper person and the Sheriff to wit T R and C D now return that he before the coming of the sayd Writ took the body of the said F K by virtue of another Writ of the Lady the Queen of capiend in a plea of trespasse against the same Francis at the suit of the said Creturnable here Die Sabbati next after Tres Michaelis last past and after the coming of the said first Writ and before the return of the same the same sheriff also took the body of the same Francis by virtue of this writ the body notwithstanding of the same Francis at the same day of Saturday in the same former Writ specified before the Justices here at Westminster caused to be brought as the same first Writ in it selfe doth exact and require whereupon the same now F present here in Court is committed to the prison of the Lady the Queen of the Fleet there to continue c. Afterwards to wit the twentieth day of November that same Terme came here into the Court the same Francis in his proper person by the Warden of the prison of the Fleet brought here to the barr and delivered to the Justices here a Writ of the Lady the Queen closed to them directed in these words Elizabeth c. A Writ of mainprise out of Chancery directed to the Justices to baile the Defendant being in Execution and to prosecute an attaint upon that whereupon he is in execution To her faithfull and beloved Iames Dyer Knight and his associates our Justices of the Bench greeting Whereas F. K. hath arrayed before you by our Writ a certain jury of twenty four Knights to make a jury by whom a certain Inquisition was late taken before you at Westminster by our Writ between Christopher Rich Gent. one of the Attorneyes c. in the same Bench the same Francis in a certain Trespasse to the same Christopher by the same Francis done as it is sayd on the part of the same F. we have received That he by pretence of the process in the said plea of Trespasse made is taken and detained in our prison of the Fleet insomuch as he cannot prosecute the sayd Jury Whereupon hee supplicated us to exhibit to him a fit remedy we willing that the same Francis may be so detained in our Prison as that he may and ought to prosecute the Jury we command you that if the same Francis shall find to you sufficient maintainers who shall undertake to have him before you to prosecute against him or that he should not prosecute that Attaint aforesaid and the Attaint determined if it should passe against him or that he should not prosecute that Attaint that hee should render himselfe to our prison aforesaid and to satisfie as well in that which to us to the same Christopher in that which belongeth to him in
upon statute Merchant and upon return nulla bona mobilia And that he is beneficed at D. and awarding of an Extent c. See the Register of Writs fol. 148. An action 147. C. B. F. N B. fol. 131. A. M. 39. H. 6. rot 134. fi fa. de bonis eccliastices H 45. Eliz. Rot. Rot. 1211. Brownlow C. Ebor. ss The Sheriffs were commanded that 400 l. of the movable goods and Chattles of Richard Baitson of B. in the county of York Clerk in the Bailywick without delay they levy and cause to be had to Eliz. M. of the City of York merchant which the same Richard the 9th July Ao. R. nunc 44. before T. M. Mayor of the City of York and Thomas Royston then clerk deputed to take Recognizance of debts according to the form of the statute merchant within the same city acknowledged himselfe to owe to the same E. which he ought to have paid to him at the Feast of St. Michael then next coming and the same to him hath not yet paid c. And in as much c. They should make known here at this day to wit in October Pur. S. Mariae c. And now here at the day came the same Eliz. by James Bryâ— his attorny here into the court the Recognizance aforesaid which the debt aforesaid in Form aforesaid testifieth And the Sheriff now retorneth that the same Richard hath no movable goods or chattles in their Bailywick wherof they could levy the debt aforesaid or any parcel thereof And that the same Rich. is a clerk and benificed within the Dioces of York to wit at B. aforesaid And that he hath no lay Fee within their Bailywick and hereupon the same Eliz. praveth a writ of the Lady the Queen by the statute c. to the Reverent Father in Christ to Mathew Arch-Bishop of York Primate and Metropolitan of England to be directed and it is granted to him c. And in asmuch c. the same Archb. should make knowne here 15. Trin. the same day is given to the same Eliz. here c. Distringas Distress against the Lord of a mannor in aneient demesnes to hold his court c. Mich. 1. Mariae Rot. 123. entry of a writ of distresse against the Lord of a Mannor of ancient demesnes to hold his court so that the Sheriff recordari fac Loq in a writ of false iudgment upon a writ de recto clause T 3. Ca. Rot. 1887. Pytt Philizer London ss Entrey of a distringas against the Sheriff for returning of Pettit issues the plaintiff prayeth a Test Distringas to a forreigne county that the defendant may be distrained by greater issues omnia issues 10 l. It was commanded the Sheriffs as more times the King had commanded the same Sheriffs that they should destrain the Mayor Cominalty citizens of the city of London otherwise called M C. and C. of the city of London by all their lands c. and that of the issues c. And that they should have their bodys here at this day to witt in Cr. Trin. to answer D. B. widow R. B. Esquire and T. B. gent. executors of the testament of Tho. Bennet otherwise called T. B. the younger citizen and Alderman of London of a plea that they render unto to them 1500 l. which from them they uniustly detaine c. And now here at this day come the same D.R. and T. Bennet by Richard Williams their attorney and offered themselves the 4. day against the said Mayor and Cominalty citizens of the city of London in the plea aforesaid and they came not the sheriffs to wit R. F. and E. Brumfeyld now retorn that the same M. and C. and citizens of London are distrained by their chattles to the value of 40 l. and bayled by I. G. and R. R. Therefore they in mercy and because it is testified in the same court of the Lord the King here on the behalfe of the same executors that the said Mayor and C. and. citizens of London have divers lands and chattles in the county of Surrey Testat distringas awarded to the Sheriff of Surry whereof they may be distrained for better issues of their lands and chattles so that the Lord the King now may be answered of better issues of the lands chattles of the same Mayor Cominalty and citizens of the city of London if the same Mayor and C. C. of the city of London in the same court here will not soone appeare to answer the same D. R. and T. Bennet in the plea aforesaid Therefore it is commanded to the sheriff of Surrey that he destrain the same Mayor and Cominality citizens of the city of London by all their lands c. And that for the issues See the old Book of entries fol. 226. title distresses pl. 4. accord Surry c. so that he may have their bodies here tres Mich. to answer the said Dorothey Rich. and Tho. Bennet in the plea aforesaid c. And it is to be knowne that a writ thereof the Justices here have delivered to Theophi Tipton undersheriff of Surrey present in Court here that same Tearm to execute in Forme of Law c. Elegit M 19. Ja Rot. 1949. Entrey of a writ of Elegit in the same term wherein it was returned not upon the indictment Roll nor upon the Roll of the writ of Scire facias the custom it But note that the writ of Elegit is demanded and adjudged to the enter upon Roll of the entrey of the Scire fac The like form of entrey of Elegit P 10. H. 4. Rot. 140. It was commanded to the sheriff of Derb. whereas lately in the court of the Lord the King now here to wit at Westminster it had been considered that P. Moyl should have execution against Robert Turner Gent. one of the attornies of the Court of the common Bench of the Lord the King here aswell of a certaine debt of 40 l. which the same Prudence in the court of the Lord the King here had recovered against him as of c. which to the same P. in the same court of the King here were adjudged for her damages which she had by occasion of the detayning of that debt whereof he is convicted The same Prudence afterwards came into the same court of the Lord the King here and by the statute therein provided chose to be delivered to her all the goods and Chattles of the same Rob. besids his Oxen and necessaries of his Plough H. 12 Eliz. rot 1470. s. Fylmer T. against L. entry of a Writ of Partition by prec fuit vic P. 12 Eliz Rot 1016. the like upon an extent T. 20. Jac. Rot 2080. B. against M. H. 19 Jac. Rot 3192. S. g. J.T. 1. Caâ— Regis rot 569. M. against C. and likewise the moyety of all his lands and Tenements in your Bayliwick to hold to her the goods and chattles aforesaid as her
Court with his owne hands the writ aforesaid directed to the said Mayor Aldermen sheriffs in Forme aforesaid The writ delivered in Cou t. The party comes in his proper person Returne de causes And before the said chief Justice by the same Mayor Aldermen and sheriffs the 10th day of Jan. last past retorned and executed and the same cheif Justice hath certified here in court that then and there before the said Châ—ife Justice at his chamber aforesaid came the said P. in his proper person under the custody of the said sheriffs and Martin L. and P. P. Sheriffs of the City aforesaid now retorne that before the coming of the said writ the 15th day of Dec. An. R. c. 12. The same Peter was taken in the City aforesaid and detained in the prison of the said Lord the King under the custody of the said Sheriffs by vertue of a complaint levied against him the same day and year in the Court of the Lord the King held before the same M. L. by the name of Peter Furbusher Gent. at the suit of H. R. in a plea of Trespasse 1 Cause in a plea of Trespass Damages 40 l. to the Damages of forty pounds the said Peter was also detained by vertue of a complaint against him 20 Ja. praed levaet in the Court of the sayd Lord the King held before the said Martin Limny by the name of P. F. at the suit of Alexander Ratcliffe in a plea of Debt upon demand of sixty pounds 2 Cause in debt for 60 l. and so recite all the causes whereof the partyes aforesayd have pleaded and so depend undetermined and that these were the causes of taking and detaining of the sayd Peter in the prison aforesaid whose body they have ready as by the sayd Writ to them it is commanded c. whereupon the premisses being seen and by the said cheife Justice then and there fully examined and understood The party and She iffs are discharged it seemed to the said cheif Justice that the sayd P. ought then and there to enjoy the liberties and priviledges aforesaid whereupon the same Peter was then and there dismissed from the custody of the said Sheriffs by the said cheif Justice Vpona forraign Attachment accordingly 1 H 15 Elâ—â—t 588 and the same Sheriffs then and there were discharged by the same cheif Justice from his custody and hereupon the same P. and R. H. of Stepney c. and I.B. of the same Dyer undertook and every of them did undertake Mâ—ch 8 and 9 El. rot 329. Entry of a priviledge for diverse causes and the bail entred severally and there rot 1754. Recognizance to appear to Writs or Actions to be brought Note that in this case the Originall ought to be brought the next Terme ensuing but in a reversall the plaintiff hath liberty of two Termes to bring his Writ to wit the same P. in the summe of one hundred and twenty pounds and the same R. and I. severally in the summe of sixty pounds at the suit of Alexander Ratcliff and Sic de ceteris c. That the said P. should appear here in Court in his proper person or by his sufficient Attorney in Law and answer to the severall Actions or Writs of the same H.R. c. against the same P. of and upon the severall pleas aforesaid before 15 Pasch then next coming to be brought and prosecuted here in Court and also if it shall happen judgment after the apperance of the sayd P. here in Court made in the same pleas for the same H. and A. and against the said P to be given to satisfie the same H. c. of their Damages and the sayd Alexander of his Debt and Damages for the same H. c. and A. against the same Peter in the same Court here to be recovered or adjudged in the pleas aforesaid or that the same P. render himself to the prison of the Fleete of the Lord the King for those occasions which sayd severall summs by the said Manucaptors in forme aforesaid acknowledged the same Manucaptors acknowledge to be made of their Lands and Chattells and which sayd severall summs by the same P in form aforesaid acknowledged the sayd Peter acknowledgeth to be made of his Lands and Chattells and to be levied to the use and behoof of the sayd H. and A. in form aforesaid if it happen the same P. make Default in any of the premisses and in lawfull manner to be convinced thereof Brownlow T 41 Eliz. rot 1229. ss That the said R shall appear here in Court in his proper person or by his sufficient Attorney in Law to the Action or Writ of the said A against the said R. of and upon the cause aforesaid before such a day to be brought and prosecuted in Court here and to answer to the said A. in the plea aforesaid and also if it happen c. Entry of a priviledge returnable immediat in banck H 12 Jac. rot 2262. Brownlow As before in the president for P.F. untill or one of them should have before the Justices of the Lord the King here to wit at Westminster immediatly after the receit of the said Writ that the same Justices of the said Lord the King seeing the cause aforesaid c. untill the end of the Writ Afterwards to wit the ninth of February that same Terme came here into Court the same Michael in his own person under the custody of the Bailiff of the Marshall and Judges c. And recite the Return of the Writ whereupon the premisses being seene and by the Justices here fully examined and understood it seemeth to the said Justices here that the sayd M at present ought to enjoy the liberties and priviledges aforesaid and so as in the president before Alit T 14 Eliz. rot 1288. Divers causes returned wherein are diverse Complaints in Trespasse and debt and the Entry is that he shall appear in Court in his proper person or his sufficient Attorney in Law of and upon the severall Actions of and for the summs aforesaid against the same W. by the said T. M. and M. or any of them before 8 Michaelis next coming to be brought or prosecuted here in Court severally to the same T. M. and M. or either of them in the said Court here in the severall pleas aforesaid P. 28 Eliz. rot 328. the like against the said W. severally to be recovered or adjudged or that he the same W. render himselfe upon that occasion or occasions to the prison of the Fleet of the Lord the said King which sayd summ of fifty pounds to wit twenty pounds thereof the same T. ten pounds to the said M and O. to the sayd I. I. acknowledged every of them acknowledgeth severally to be made of their Lands and Chattells and to the use c. Speciall Amerciament of the Sheriff for not returning of a Writ of Habeas corpus in debt after
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
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.
they came not being solemnly called but made Default whereupon the default of the said R B T. W. and P. A. by the said Iustices of the Bench here being recorded because the Court of the Lord the King cannot proceed in the plaint aforesaid in this behalfe therefore the plaint is remitted to the Iustices of the Lord the King Cestr or keeper of his place there to proceed in the plaint aforesaid as of right and according to the Law and custome of the county of Chester is to be done And it is said to the said R. I. Attorny of the said T. T. that the same T. be before the Iustices of the Lord the King Cestr or Keeper of his place there at the next County to wit upon Thursday in S. septimana quadragessimae next coming there to be held to prosecute there his plea aforesaid if c. Secunda Deliberatio H 15. Eliz. Rot. 708. Entry of a wâ—it of second deliverance after cattell were taken in Wirhernam and the defendants attorney was compelled to gage deliverance of the cattell taken in Withernam Som ss It was commanded the Sheriff whereas T P. Esq was summoned to be here in the court of the Lady the Queen here to answer P. B. of a plea wherefore he took the cattle of the said Peter and them unjustly detayned against Sureties and privileges c. the same Peter afterwards in our said court here made default for which it was considered here that he and his pledges to prosecut should be in mercy c. and that the said Thomas should goe thereof without day and should have retorne of his Cattle aforesaid For which it was comanded to the said sheriff that he shall make retorn of the cattle aforesaid to the said Thomas and should not deliver them at the complaint of the said Peter without a writ of the Lady the Queen that shall make expresse mention of that judgement and in as much c. the said sheriff make appear here in 8. S. Michaelis last past c. At which day the sheriff then returned That before the coming of the writ aforesaid the Cattell were cloyned to places to him unknowne by the same Peter so that he could not return them to the said Thomas as by the said writ it was commanded him whereupon it was commanded the said Sheriff that of the cattell of the said Peter to the value of the cattell aforesaid before taken in Withernam he should take and deliver them to the said Thomas to hold to him untill he could returne the cattell aforesaid before taken and that he put by sureties and safe pledges the said Peter that he be here in Oct. Hill then next following to answer as well to the said Lady the Queen of the contempt c. as to the said Thomas for damages and injuries to him in this behalfe done At which day here came aswell the said T by I. W. his Attorney as the said Peter in his proper person and the Sheriff now returneth here that he by vertue of the writ aforesaid to him directed took in Withernam of the cattel of the said Peter one Mare and one colt to the value of the cattell of the said Peter before taken and those cattell delivered to the sayd Thomas P. to be kept untill the cattell of the said Peter before taken may be returned to the sayd T. P. as by the said writ to him it was commanded A writ of second deliveronce granted after a withernam Defendant praies that the plaintiff may finde pledges as well to prosecute as for his second deliverance and that he put the same Peter by pledges I D and R R. and hereupon the same Peter prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the contempt aforesaid and is admitted for three shillings and four pence which the same P in the Court of the Queen here by the command of the Iustices here payd to Tho. Foster Clark of the Essoines of the Court here for diverse reparations by him here in Court to be made And afterwards to wit at the said 8 Sancti Hillarii came here into the Court the said Peter by W. B. his Attorney and by the statute c. prayeth a writ of the Lady the Queen De Secunda deliberatione and it is granted to him returnable here 15. Pas c. At which day here came as well the said Peter as the said Thomas by their Attornyes aforesaid whereupon the said Thomas prayeth that the said Peter may finde pledges as well to prosecute his complaint as to return the cattell first taken Pledges given if return of them should be adjudged for that that the Sheriff of the County aforesaid hath not received sufficient pledges of the said P upon the said writ of second deliverance hereupon the said P. here in Court found pledges as well to prosecute his complaint as to return the cattell aforesaid before taken The Plaintiff prayes that the Defendants Attorney may gage deliverance of the Cattell taken in Withernam if c. To wit the said VV B of S. in the County of Dorset Gent. and VV B. of c. And hereupon the said Peter prayeth that the said I. VV. Attorny for the said T. P. may gage deliverance of the cattell aforesaid taken in VVithernam and because the Iustices will advise of and upon the premisses of making deliverance day is given to the parties aforesaid here A die pas in 15 dies of heareing their judgement therein because the Iustices here not as yet c. At which day here came as well the same P. as the same T. by their Attornye aforesaid and because the Iustices c. untill Cro. Trin. At which day here came aswell the said P as the said Tho. by their attornies aforesaid whereupon the premisses being seen and by the justices here fully understood The Court will advise it seemed to the same Justices here that the said I W. attorney of the said T. P gage to the P. deliverance of the Chattles aforesaid taken in Withernam Judgment that the Defendants Attorney gage deliverance for the Cattell raken in Withernam And whereupon the said I. gageth deliverance of the chattles taken in Withernam and assumed upon himselfe for the said Thomas that the said Thomas should make deliverance of the Cattle aforesaid taken in Withernam to the same Peter about the Feast of S. Peter next following at C. in the county of Som. at the common pound there under the panalty of 20 l which said 20 l. the said I. W. acknowledgeth to be made of his lands and Chattles to be levyed to the use of the said P The Attorney gives secuâ—ity in Court for his Client to deliver the Cattell aboue such a day 25. E 3. Gager 25 6 E 4. 8. 1 H 7. 11. 15 E 3. Gager 4. accord that the attorney may gage if the Defendant appear
Judgment was given and in that case the Defen after Tryall and a speciall verdict given compounded with the plaintiff by the advise of I. P. Knight cheif Justice of England M 39. and 40. Eliz Rot. 110. ss Otherwise as it appeareth c. as in the Scire Facias and award the Alias Scire Facias Bar upon an Alias Sci fac upon a recognizance of priviledge where one makes default and the other pleads in bar payment of the condemnation at the perill of the Principall against him before the Teste of the first Scire facias Execution awarded against one of the Conuzers by default c. and now here at this day to wit at the said Tres Tri. came aswell the said I. by his Attorney aforesaid As the said S. by I E. his attorney And the said H. the fourth day of the Plea came not but made default And the sheriff as before now returneth that the said H. hath nothing nor is Found c. And hereupon the said I. prayeth execution against the said H. of the said 50 l. by him in Form aforesaid acknowledged to him to be adjudged c. Therefore it is considered that the said I. have execution against the said H. for the said 50 l. by him in Form aforesaid acknowledged by default c. And further the said I. prayeth execution against the said S. of the said 50 l by him in Form aforesaid acknowledged to him to be adjudged c. And the said I. prayeth license thereof to imparl here untill Oct. Mich. And hath it c the same day is given to the said I. here c and now here at this day to wit at the said Oct. S. Mich. came here aswell the same I. as the said S. by their attornies aforesaid And hereupon the same I. as before prayeth execution against the said S. of the said 50 l. by him in Form aforesaid acknowledged to be adjudged him c ANd the said S. saith that the said I ought not to have execution a-against him for the said 50 l. in the Form aforesaid acknowledged Bar that the principall after the recovery and before the Teste of the Sci fac paid to the Conuzee the debt and damages recovered because he saith that the said E after the judgment aforesaid given And before the day of the purchasing of the said first Writ of Scire Facias to wit T. Die and An. paid to the said I the debt damages aforesaid by him against the said E in form aforesaid recovered according to the form and effect of the Recognizance aforesaid And this he is ready to verifie where upon he prayeth Judgment if the same I. ought to have execution against him for the said 50 l. by him in Form aforesaid acknowledged c. Replication that the principall non solint and issue thereupon ANd the said I. saith that he by any thing before alleaged ought not to be repelled from having his execution aforesaid of the said 50 l. against the said S. by him in Form aforesaid acknowledged because he saith that the said E. after the judgment aforesaid given and before the day of purchasing of the said first writ of Scire Facias hath not paid to the same I. the debt and damages aforesaid by the same I. against the said E. in Form aforesaid recovered according to the Form of the Recognizance aforesaid As the said S. hath above allowed and this he prayeth may bee inquired of by the Country And the said S. likewise Therefore 12. c. Entry of a Sci. fac against the Ter-tenants upon a judgment in debt after the death of the Obliger and the judgment by default Recitall of the recovery PAs 38. Eliz Rot. 1854. ss Otherwise as it appeareth in the Term of S. Hillary An. 38 Eliz. Reg. Rot. 511. It is thus contained Midd. ss It is commanded the sheriff whereas H. S. Esquire lately in the court of the Lady the Queen now to wit in the Term of St. Michael An. regni sui 30. and 31. before E A. Knight and his associates of the said Lady the Queen of the Bench here at Westminster by the consideration of the same Court had recovered against I. C late of London Esquire aswell a certaine debt of 19 l. as 7 l. which c. whereof he is convicted as by the record and proceedings in the court of the Queen here remaining manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And the said I. C is dead and dyed seised of divers Lands and Tenements in his Demesne as of Fee as by the information of the said H. the Queen understandeth and because c. that by honest c. he should make known to the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given Suggestion of the death of the Defendant and averment that he died seised of divers lands c. Sci. fac to the Ter-tenants or at any time afterwards That they should be here at this day to wit in Oct. Pur. St. Mariae to shew if any thing c. wherefore the said H. ought to have execution against them of the debt and damages aforesaid of the lands and Tenements afore said according to the Form of the recovery aforesaid and now here at this day came the same H. by F B. his attorney and offered himself the 4th day against the said Tenants of the Lands and Tenements which were of the said I. at the time oft he judgment aforesaid given or at anytime afterwards in the plea aforesa d and they being solemnly called came not and the sheriff now retorneth that there are no lands nor Tenements in his Bayliwick which were of the said I. at the time of the judgment aforesaid given The Sheriff returneth quod milli sunt Tenements A Testat sci fac prayed Corn Testat sci fac awarded to the Ter-tennants in a foraign County or any time afterwards and here upon it is testified in the same court of the Queen here that there are divers lands and Tenements in the county of C. which were of the said I. at the time of the judgment aforesaid given and afterwards whereof he might make and levy the debt and damages aforesaid and prayeth a writ of the Lady the Queen to be directed to the sheriff of Cornwall to premonish the tenants of the lands and Tenements which were of the said I. in Oct. S. Mich. An. 30. and 31. abovesaid which day judgment was thereupon given or at any time afterwards in his Bayliwick that they be here 15. Pas to shew c. And now here at this day to wit the said 15 Pas came the same H. by his attorney aforesaid and offered himself the 4th day against the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given or at any time afterwards in the
W. as the said W W are dead as by the information of W S executor of the testament of the said W W the King understands and because c. that by honest c. he make known to C C Gent. son and heire of the said I and now Tenant of all the lands and Tenements which were of the said I in Fee-simple at the time of giving the judgment aforesaid that he should be here at this day to wit in Cr Trin. to shew if any thing c. wherefore the debt and Damages aforesaid ought not to be made of the lands and tenements of the said I. in Fee-simple at the time of the judgment aforesaid given being in the seisin of the said C in the county aforesaid according to the form of the recovery aforesaid and now here at this day came aswel the said W S by I B his attorney as the said C by P K his attorny and the sheriff now retorneth that he by vertue of the writ aforesaid to him directed die tali An. by E D and W W honest Sci fac tenenti terr returned c. made known to the said C son and heire of the said I and tenant of 1 Messuage and 10. acres of land c. in C in the county aforesaid which were of the said I C in Fee-simple at the time of the judgment aforesaid given that he should be here at this day to shew if any thing wherefore the debt and damages aforsaid ought not to be made of the lands and Tenements aforesaid being in the seisin of the said I and rendred to the said W S according to the forme of the recovery aforesaid And hereupon the said W S bringeth here into court the letters testamentary of the said W W by which it is sufficiently manifest to the Court here the same W S to be executor of the testament aforesaid and thereof to have the administration c. and prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to him to be adjudged c. and hereupon the same C prayeth licence thereof to imparle here c. untill Oct. Hill c. at which day here came aswell the same W as the same C by their attornies aforesaid and hereupon the same W S as before prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to be adjudged to him c. ANd the said C saith that the said W execution against him as son and heire of the said T C of the debt and damages aforesaid ought not to have because he saith that he hath not Monstrans de testament Bar riens per discent Quere nor at any time after the judgment aforesaid given had any lands or tenements by hereditary discent from the said I his Father in Fee-simple whereof the debt and damages aforesaid could be made and this he is ready to verifie whereupon he prayeth judgment of the said W S execution against him as son and heire of the said I of the debt and damages aforesaid ought to have c. ANd the said W S saith that by any thing before alledged Replication that he had assets by discent at the teste of the Sciâ— fac he ought not to be barred from having his execution against the said C as son and heire of the said I of the debt and damages aforesaid because he saith that the same C before the day of the judgment aforesaid given and the day of purchasing the said writ of Scire fac to wit tali die An. had sufficient lands and tenements by hereditary discent from the said I. his father in Fee-simple whereof he might have satisfied the said W S of the debt and damages aforesaid to wit at C aforesaid and this he prayeth may be inquired of by the Country and the same C likewise Therefore 12 c. Continuance of a Scire facias ss AT which day here came the said Plaintiff by his attorny aforesaid And the sheriff sent not the writ Therefore let the defendant as before be premonished that he be here in Ost. S. Mich. to shew in Forme aforesaid c. Sci fac by the surviving Administrator of goods of the first intestate not administred by the first administrator T 16. Jac. Rot. 3109. London Int. G and H Scire fac by the surviveing administrator of the goods of the first intestat of goods not administred by the first administrator Sci fac brought upon a Devastavits post An. diem T 19. Jac. Rot. 1779. Scire fac to have execution de bonis propriis upon a devastavit retorned post An and diem Sci fac brought against the administrator by the executor at his full age upon a judgment had against the intestate by the administrator during the minority of the Infant H 7. Jac. Rot 109. Brownlow London ss It was commanded the sheriff whereas I B and H G administrators of the goods and chattles which were of I W during the minority of Margaret W executrix of the testament of the said I W lately in the court of the Lady Eliz. late Queen of England to wit in Mich. term An. 27. and 28. before E A Knight and his associats then justices of the said Lady the Qu. of the Common Bench here to wit at Westminster by the consideration of the same Court had recovered against W D late c. otherwise called c. aswell a certaine debt or 160 l. as 98 s. which c. whereof he is convicted as by the record and proceedings therein in the court of the Lord the King now here remayning manifestly appeareth execution notwithding of the judgment aforesaid yet resteth to be done and the said W is dead Averment of the full age of the executrix and the death of the Defendant And the same Margaret after the judgment aforesaid therein given is come to the full age of 21. yeares and afterwards took to husband one Tho. Knight as by the information of the said T. and M executrix of the testament of the said I W deceased the King hath understood And because c. by honest c they should make knowne to W D and Margaret his wife Administratrix of the goods and Chattells which were of the said W D who died instated Sci fac awarded against the administratrix of the defendant c. at the time of his death That they should be here at this day to wit in Oct. Hill to shew if c. wherefore the same Thomas and Margaret his wife execution against them of the debt and damages aforesaid of the goods and Chattles which were of the said W D at the time of his death being in the hands of the said W and M his wife to be administred ought not to have c. according to the Form of the recovery aforesaid if c. and an al
of March An. Regis nunc 21. held made to be assessed to be paid Notwithstanding the said Thomas the statute aforesaid not regarding more money of the towne of C aforesaid then unto which it was assessed against the manner and form of assessement made upon it caused to be leived in contempt of the Lord the King now and against the forme of the statute aforesaid that he should make known to the said T. that be should be here at this day to wit in 15 Hillarii to answer as well for the said Lord the King as for himselfe followeth in this behalfe wherefore twenty pounds to the said Lord the King and ten pounds to the said John he ought not to be satisfied according to the forme of the statute aforesaid And now here at this day came as well the said John by R. H. his Attorney as the said T. by T.G. his Attorney and the sheriff now returneth That hee made knowne to the said Thomas of being here at this day c. to answer in Forme aforesaid c. by W. R. I. R. and I D. honest c. And hereupon day is given to the said I. B. as to the said T.S. here untill 15 Pasch in State as now reserving to the said parties their pleas exceptions and advantages to the Writ aforesaid c. Abridge in Poulton title de Parliament 12. H 27. H. 6. rot 240. In Trespasse the Defendant justifies for Knights expences Et tre de summ and another summons directed to the Sheriff to assesse the Knights expences the plaintiff saith that the Vill is parcell of the Barony c. and discharged from payment and issue thereupon T 21. H. 6. rot 117. A Writ of Attachment to the sheriff of S out of the Parliament to hear their Bill in the same Parliament M 9 H. 5. rot 579. Speciall bastardâ— pleaded in bar to a Sci fac to have execution upon a fiâ—e ss And the said Richard Holt as to the Mannor of D with the Appurtenances and the said Advowson of the same Church of S saith that the said Hugh ought not to have Execution against him thereof because he saith that the said Joan which the sayd Hugh supposeth to be his Mother whilst shee was sole was not married to any man long before the same Joan was married was notably great with child at D in the County aforesaid by one W.L. of the said Hugh by the said W of the said John begotten he the same W then also being sole and not married to any woman and long afterwards that the sayd I was so notoriously great with childe and continually sole and not being married to any man Elopement and with the same W.L. there continually abiding took to husband one T. M. at D. aforesaid from which Thomas the said Hugh took to him his kindred and afterwards Matrimony and Espousalls between the same T. M. and Ioan at D aforesaid were celebrated the same Ioan incontinently departed thence from the said Thomas her husband and enlarged her self from the said Thomas unto the house of the said William in the said Town of D. and with the said W L. there continually the whole life time of the said Ioan was commorant and continued in adultery with the said William After which Matrimony and Espousalls so celebrated the sayd H at D aforesaid was borne without this that the said I was ever married to any other man but only to the said T. M. and all and every of these things the said R. H. is ready to verifie whereupon it shall not be intended that the sayd Hugh as son and heir of the said Ioan ought to have Execution against him of the Mannor aforesaid with the Appurteuances and of the Advowson of the Church of S. in this behalfe c. And as to the residue of the Tenements aforesaid with the Appurtenances and the sayd Advowson of the said church of F. in the Fine aforesaid contained the said R. Holt prayeth licence thereof to imparle here untill in 8. Hill and hath it c. by the consent of the said Hugh the same day is given to the said Hugh here c. ANd the same Hugh not knowing any thing by the same R Holte above alledged Demurrer in Law besides the said Matrimony and Espousalls between the said T. M. and Ioane celebrated whereby the Remainder of the said Mannor of D with the Appurtenances and the Advowson of the Church of S to the said Ioan and the heires males of her body coming by the fine aforesayd was intailed and the same H as Son and heir of the said I sufficiently demandeth Execution thereof by vertue of a fine aforesaid and the said R Holte doth not contradict it but the sayd Hugh is son and heir of the said I and as to the matter by the said R. H. above alleadged the same Hugh hath no need nor by the Law of the Land is held to answer prayeth judgement and Execution thereof for Defect of sufficient answer to him to be adjudged c. Joynder ANd the said R Holte as to the said Mannor of D with the Appurtenances and the Advowson of the Church of S. wherein the said H. doth not gainsay the sayd matter by the said Richard above aleadged which sayd matter is sufficient in Law to exclude the sayd H from having his Execution thereof by vertue of the Fine aforesaid which sayd matter the sayd Richard is ready to verifie prayeth judgement and that the said H may be barred from having his Execution therein and because the Justices c. untill 8 Hillary c. And to another parcell thereof the Defendant saith Non Tenure And to the whole residue pleads in Barr as before and a Demurrer in Law thereupon and continued untill 15 Pasch At which day here came as well the said Hugh by his Attorney aforesaid as the said Richard Holt in his proper person and hereupon the plea aforesaid being heard and understood it seemeth to the court here that the said Hugh Marchon ought to have Execution of the said Mannor of D. and Tenements with the Appurtenances and of the Advowson of the Church of S whereof the parties aforesaid have pleaded to judgement by vertue of the Fine aforesaid notwithstanding any matter for the said Richard Holt before alleadged Therefore it is considered that the same Hugh have Execution against the said Richard Holte of the said Mannor of D and Tenements with the Appurtenances Judgment for the demandant and of the same Advowson of S. c. T 31. H. 6. Execution awarded at the Assizes upon issue in a Sci. fa. upon a fine before the day in the Bench. Ayde of the King rot 315 ss An Entry of a scire facias upon a Fine for W. L. Knight against I H. of the Mannor of H. with the Appurtenances neer R at the Nisi prius at Bitingford verdict for the plaintiff before Io. Prisot Knight then Justice of the
demesnes of Fee which said mannor of E. otherwise E. Court with the appurt is chargeable with the execution of the judgment aforesaid together with the mannor and Rectory aforesaid and this they were ready to verifie whereupon for that aswell the said Mannor of E. otherwise E. Court as the said Mannor of P. with the appurtenances whereof the same Francis Bruster was returmed Tenant and the Rectory aforesaid with the appurtenances whereof the said R L. was retorned Tenant are chargeable with the payment of the debt Damages aforesaid the same Francis Brewster and Rob. London pray judgment and that they may not further answer to the said Writ of Si. facias against them in Forme aforesaid brought before the said Tho. Br. by our proces of Scire Facias be premonished to shew wherfore execution upon that Mannor together with the mannor and Rectory aforesaid ought not to be don And therefore we command you that by honest and lawfull men of your Bayliwick you make knowne to the said Thomas Bunell Tenant of the said Mannor of E. alias E. Court and to all Tenants of the lands and Tenements which were of the said Francis B. in Fee simple in your county of the same 15. S. Martin An. 42. abovesaid that they be before our Justices at Westminster 8. S. Hill to shew if any thing c. Wherefore the Debt and Damages aforesaid of the same Mannor of E. al E. Court or of any lands and Tenements which were of the same Francis at the time of the Judgment aforesaid given or at any time afterwards together with the same mannor of P. and the Rectory aforesaid ought not to be made according to the Form of the recovery aforesaid if to them it would seeme expedient and have you here the names of them by whome you shall make it knowne to them and this Writ Teste H Hobert at Westminster the 6. day of November An. 20. et Sco. 46. Retorn BY vertue of that Writ to me directed by I. W. and E. W honest and lawfull men of my bayliwick I have made knowne to the within named Thomas Burnall Tenant of the Mannor of E alias E. court with the appurtenances and that there are no other Tenants of other lands or Tenements in my County to whom I can make knowne A. B. Sheriff T 21. Ja. Hitcham the Kings Serjeant brought a certificat out of the Kings Bench into the Common Bench that if the defendant in any Action wherein Bayle is given die before a non invent be retorned against the Defendant upon a Scire fac the bayle is discharged and this was shewed in the case of Sparrow of Lowgate which is entred P. 19. Jac. Rot. 973. this is the true number Role in Banco Regis P 12. Jac. Co. Banco S. against S. Debt against the baile upon a Rerog in the Kings Bench the Defendants plead that the Pl. died before any Cap. was awarded against them a generall demurrer and judgment with the defendants after much debate H. 4. Jac. Rot. 975. in the Kings Bench D. against C. and W. against L. Seisin H 21. I. rot 2988. Brownlow Oxon ss Entry e fa writ of Habere facias sesinam in dower and the retorne thereof P 3 6 Eliz rot 1559. the like form of entry in dower It was commanded the sheriff whereas Briget Countis of Barkes widow who was the wife of Francis late Earle of Barkes lately in the court of the Lord the King now here to wit at Westminster by the consideration of the same court and recovered her seisin against Fr. R. otherwise N. of the third part of the hundred of Do. with the appur of the M. of D W. upon the greene with the appurtenances and of 200. Messuages 2. Mils 3. Dovehouses c. with the appurtenances in D and W. and also the third part of the Rectory of Weston upon the green and the Advowson of the Vicaridg of VVeston upon the green with the appurtenances as her Dower of the indowment of the said late Earle her late husbend by writ of the said Lord the King de dote unde nichil habet for default of the same Francis R. otherwise N. that to the same Countesse full seisin of the third part aforesaid with the appurtenances to hold to her in severalty by meets and bounds without delay he should causeâ— to be had and asmuch Tert. pars hundri mannors tenements Rectory and Advowson c. the sheriff should make to appreare here at this day to wit in Cr. Pur. beat Mariae c. and now here at this day came the same Countesse by Rob. Tomblinson her attorney and the sheriff to wit William C. Knight now doth return that he by vertue of the the writ aforesaid to him directed the 15. day of December last past caused to be had to the said Countesse full seisin of the third part of the hundred Mannors Tenements Copyheld land Rectory and Advouson aforesaid with the appurtenances to wit of 11. Messuages 3 Dove-houses 700. acres of land 300. acres of Meadow and 400. acres of pasture with the appurtenances in Dorchester and Drayton being Costomary lands of the mannor of Dorchester and parcell of the said Mannor then in the severall Tenures or occupations of I. p. Gent. E. H. Gent. c. or of their assignes with all lands Tenements cottages Meadowes Pastures Commons Rents Services and Hereditaments whatsoever to the same belonging or appertaining and of the Cheife Rent of twenty shillings and eleven pence issuing out of the Farme of Draycot aforesaid and the lands and Tenements to the sayd Farme belonging and appertaining and also the third part of the profits of the Mannor Court of Dorchester aforesaid The third part of the profits our manerii and of nine Messuages foure Cottages c. with the Appurtenances in Weston upon the green being customary Lands of the Mannor of Weston aforesaid and parcell of the said Mannor then in the severall Tenures or Occupations of I.G.W. H. c. or of their Assignes with all Lands Tenements Cottages Meadowes Pastures Commons Rents Services and Hereditaments whatsoever to the same belonging or appertaining 2 Mills and of all those new buildings called the Brew-house and of one Barne c. And also of two Water mills with the appurtenances in Weston aforesaid and all Tythes yearely growing and renewing Tythes as well out of the same Lands and Tenements in Weston aforesaid in the severall Tenures and occupations of the said I. A. W. H. c. or their Assigns as out of all singular other the Lands and Tenements whatsoever above named and to the Rectory of Weston aforesaid belonging or appertaining Rectory or being parcell of the sayd Rectory of Weston aforesaid and of the West part of the Wood or Copice called Weston wood in Weston aforesaid containing by estimation fourteen acres and of the Tithes from and out of the West part of the same Wood
insufficient in Law for that the names of the Coroners of the said county of Yorke who gave judgement upon the Waivery and utlawry aforesaid are omitted in the sayd Returne whereupon c. that the allegations of the said Martha and Anthony in discharge of the said M. from the waivery aforesaid and of the sayd A from the Outlawry aforesaid are true therefore the same M. from the Waivery aforesaid and the said A. from the Outlawry aforesaid are discharged and for that occasion shall not be molested or in any thing greived but go thereof without day c. T 14. Jac rot 3603. Brownlow London Utlary reversed for returning the first Hustings to be held at the Common Pleas and the other to be held at the Pleas of land Reversall for holding the first Hustings at the Common pleas and the four other at the pleas of Lands c. prayeth hearing of the returne of the Exigent which being read Onerari non because he saith that by the Return aforesaid it appeareth that the same George and Arthur were first called at the Hustings De cmmunibus placitis and the 2 3 4 and 5. that they were called at the Hustings De communibus placitis terrae whereas they ought to have been called at Hustings certain so that they might have rendred themselves to the said sheriffs to save themselves from the sayd Outlawry and for that cause the sayd Return is insufficient in Law and this c. judgement that the Outlawry be reveversed c. Note That in H. 12. Jac. That by the opinion of the Justices Prothonotaries and Clerkes of the Counter that an Outlawry upon an Allocat as this is shall not be reversed because the Defendant ought to be demanded at the next Hustings c. As the words of the writ c. whether it be the Hustings Nota bene De communibus plcaitis terrae or De communibus placitis c. the reversall before was between Carnes and Mamvering and others T 14. Jac. rot 3603 Br. Reversall for not naming the day the sheriff called the Defendant at the second County Utlary reversed for not returning the day on which the second County was held at my County held at the Castle of Leicester in the County aforesaid the said Iohn was the second time called whereas it ought to have been at my County held at the Castle of Leicester in the County aforesaid such a day and yeare the same Jo. c. and prayeth hearing of the Writ of Exigi fac which being read and heard Onerari non because he saith That it doth not appear by the Returne aforesaid what day the said County whereon the said Jo. was the second time called was held upon as of right it ought to appear and for that cause the returne aforesaid is insufficient in Law judgement that the Outlawry be reversed Int Newton Hustings c. Vtlawry rever-for holding two Counties within the moneths to wit by more dayes then 28. T 14. Iac. rot 3603. Hearing of the return of the Exigent prayed which being read c. Onerari non because he saith that it appeareth by the return aforesaid that they were the second time called at the County held the fourth day of Ianuary and the third time were called at the County held the twenty ninth of February and that between the same twenty ninth day of February and the same fourth day of Ianuary were fifty six dayes and so the same two Countyes at which the same E. and A. were the second and third time called were not holden from Moneth to Moneth as of right they ought to be held Eaque de causa c. judgement the Outlawry be reversed between Wilson and others and Thornhill Vtlawry reversed for returning utlegat for Waviat T 14. Iac. rot 3604. Brownlow Cornub. Outlawry reversed for returning Vtlegat est for Waviat est and prayeth hearing of the Return of the Exigent which being read c. Onerari non because she saith that every woman upon any Writ of Exigi fac being the fifth time called and not appearing ought by the Law of the Land to be waviated and not outlawed which doth not appear by the Returne aforesaid that the same Beatrix was waviated which of right ought to appeare and for that cause the said Returne is insufficient in Law judgement that the Waviary be reversed Int. Trelowny and Bastard Vtlawry revesed for omission of the word Ante. T 14. Iac. rot 2071. Brownlow Canterbury ss Reversall for Munday next the Feast c. Return of the Exigent prayed to be heard which being read c. Onerari non debet because he saith that it appeareth not certainly by the Return aforesaid whether the said E was the fifth time called Die lunae prox ante festum c. or Die lunae prox post fest c. and so by that returne it appeareth not certainly what day the said Hustings at which the said E. was the fifth time called was held so that he at the same Hustings could not render himselfe to the said Sheriffs of London to save himselfe from the Outlawry aforesaid and for that cause the sayd Returne is insufficient in Law and this c. judgement that the Outlawry be reversed Int. King Porter T 13. Iac. rot 2528. Outlawry reversed for omission of the word terre in the first Hustings H 12 Iac. rot 2165. For omission of the word Anno. H 30. Jac. rot 1205. Brownlow Middlesex ss Vtlawry reversed for variance between the Originall writ and the Exigent Reversall for variance between the Originall Writ and the Exigent And pray Oyer c. And hereupon the said R. and I. pray hearing of the Originall Writ whereupon they are in forme aforesaid outlawed and it is read unto them in these words James by the Grace of God c. And also pray hearing of the Writ of Exigent which issued forth upon the Originall Writ whereupon the same R. and I. are in forme aforesaid outlawed and it is read unto them in these words James c. which being read and heard Onerari non c. because they say that it manifestly appearreth that there is varience betweene the said Originall Writ and the said Writ of Exigi fac that is to say in this that in the Originall Writ it is contained that the said Ralph Moore should render to Nicholas T one hundred pounds and in the Writ of Exigi fac it is contained that the said Ralph should render to the said N. T. one hundred pounds and so the Originall Writ doth not warrant the said Writ of Exigi fac as of right it ought for which said cause and others in the said writ of Exigi fac specified they pray judgement that the Outlawry aforesaid may be reversed c. whereupon the Writs being seen c. Therefore it is considered that the said R. and I. be discharged from the Outlawry aforesaid and for that
4. Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damags in the plaint are under 40 s. fo 5. Allowance A writ of allowance entred for one of the Just of the common Bench by reason of infirmities fo 7. Amertiament Amerciament entred against a sheriff for his insufficient retorn upon a writ of wast Amerciament nor returning for a Capias Utlagat ib. Amerciament for not returning of Capias ad Satis after severall daies given by the court ib. Amerciament for the marshall for non attendance upon the judge upon the essoine day ib. Amerciamet Amerciament entred against the sheriff upon an attachment of Priviledg and a Habeas Corpus awarded fo 11. Amerciament entred upon an attachment of priviledg for one of the Judges clarks of the common Bench and awarding of a Habeas Corpus ib. Amerciament entred against a baily of a liberty upon a Cepi corp returned and a Distringas awarded upon an attachment of priviledg ib. Amerciament entred against the sheriff upon returne of the Languidus in prisona upon an attachment for contempt 12. Appearance Appearance baile in court entred upon a writ of priviledg in discharge of the sheriffs bond 9 Appearance entred to a writ of priviledg in trespasse ib. Appearance made in discharge of Manucaptors upon meane Proces 10. Attachment Attachment in the Mayors court for debt the attachment disattached by baile and plaint removed by a common writ of priviledg with Cerciorare 10 Attachment entred in a Quare impedit and a distres awarded ib. Attachment awarded in the like with summons and severance 1. of the plaintiffs comes not judgment that the other sequat solus the Bishop Essoines c. ib B Ballivo Amovendo Entry of a writ of Ballivo amovendo for continuing his office above one year together contra formam statuti 13 C Capias ad satisfaciendum ENtry of a testat ca sa for residue of a debt whereof part was levied upon a testat fi fac 14 Capias pro fine entred and an Exigent thereupon ib. Entry of Ca. sa after a Fi. fac and Spec. return of Devastavit against the executrix upon the inquisition 15. Entry of a writ of Testat ca. sa in the county Palatine after a devastavit returned against the exec upon a testat si fac de bonis Testatoris 17 Entry of a Ca. sa by the executors of the Conusor after the death of the Conusee in a statute merchant 18 Entry of a Capias ad sat upon a statute merchant upon the sheriffs returne that the defendant is dead an Extent is prayed against his lands by the statute and granted in the county Palantine of Lanc. 18. Entry of a Capias upon a statute merchant and upon Laici and non inventus returned an Extent awarded 19 Continuance of an extent where the writ is awarded in one county ib. Entry of a Capias ad satisfaciendum after nulla bona returned upon an Elegit ib. Entry of Ca. sa in the proper county and non inventus retorned and a testat ca. sa awarded into a forreigne county 20. Entry of a Capias ad sat upon a writ of priviledg and Cepi corpus returned and after the sheriff returns that specially that before he toke him by vertue of an other writ c. the defendant is bayled upon the Execution and an attaint brought c. ib. Commitment Commitment specially entred for levying of a fine in the name of the person who refused to acknowledg 22. Commitment for forging of writs and counterfeiting of the seale 23 Commitment for making a faigned writ of Supersedeas 24. Commitment to the Fleet upon a Cepi corpus upon a Capias utlagat with a Remittitur into London to answer the plaint there c. ib Commitment to the Fleet of one in execution upon a judgment there ibe Commitment of one in execution upon a Scire sac upon judgment the defendant saith nothing in bar judgement that execution c. ib Commitment of one to the fleet for rasure of a Record in the common Bench ex confesso afterwards fined and set at liberty 25. Commitment by the indictment roll without any proces of execution sued forth upon a Habeas Corpus Commitment of a Prothonotaries clarke and a sheriffs clarke for rasing an execution the returne and and test and serving of the writ before it was new sealed spe examinants ib. Commitment of an attorney for altering of a counter plea of the voucher 26. Commitment to the fleet for rasure of a fine and a fine imposed ib. Commitment upon a Habeas corpus from the Judges chamber the writ bore test 4. July 18. Iac the term ended 5. July upon which day the judge delivered the commitment to be inroled 30 Commitment of one to the Fleet in vacation time brought by the sheriff of London by Habeas corpus before the Judg. 32. Commitment of a prisoner to the Fleet brought to the bar in terme by a Habeas corpus ib. Commitment for forging a Cirography to a fine 33 Commitment of an attorney for prosecuting a Capias in trespas without any originall to warrant it dismissed upon a fine Entry of orders for the right regulating of Offices in the court of common Bench. 34. Commitment of an attorney turned over the Bar for divers falsities 35 D Debt ENtry of writ ad Levand deb de bonis mobili Cleric upon a statute merchant upon returne of nulla bona mobilia and that he is benificed an extent is awarded 36. Distringas Entry of a distringas against the Lord of a Mannor in ancient demesne to hold his court that the sheriff Recordari fac Loquelam 36 Entry of a distringas against a sheriff for returning of pettit issues and a Testat distringas granted to a forreigne county to distraine the Defendant by greater issues 37 E Elegit ENtry of an Elegit upon the Roll of the entry of the Scire fac the same terme in which it was retorned and a speciall retorne of the sheriff 37 Entry of a writ of Elegit against a clerk the sheriff returns non habet Laic Feod and an Extent awarded to extend bona terra ecclesiastica but upon motion a Fi. fac was thought more proper awarded 39 Entry of an Elegit after an Elegit 40. Entry of an Elegit for the value in dower 41. Execution Entry of the tender of the body in execution in discharg of the Manucaptors 41. Entry of a tender of the body in execution after judgement against the principall in discharge of his suretyes 42. The defendant discharged out of prison for that the plaintiff prayed him not in execution ib Execution Entry of a tender in execution the Pla. prayes him in execution of the court Cur advisare vult because a writ of Error is brought and the record and recognizance are certified away but at length committed in discharge of his sureties 34. Extent Entry
Entry of a Scire fac against 1. execut to have execution upon a Sc. fac against 2 executors the sheriff retorneth no goods in the hands of one and a Devastavit against the other ib Entry of a Scire fac and of a generall acquittance pleaded in Barr thereunto ib. Entry of a Scire fac against Coheires who make default and execution awarded pro Portion de hereditate conting 140 Entry of Scire fac against tenants for exempting a fine and demurrer for the non-age of the heire ib. Entry of a Scire fac against a Termor ib Entry of a Scire fac brought by heire of the plaint in partition who after judgment and before partition made dyed ib. Entry of a Scire fac to have execution seisin de novo for that the sheriff in favour of the tenant had not duly made his executions pleas and judgments for the plaintiff upon demurrer 141 Entry of a Scire fac in a Quare impedit the defendant pleads in bar that Pendente Brevi de quare impedit the plaintiff was utlawed and that he resigned c. 135 Entry of a Scire fac against principall baile to prosecute an Audita Querela Entry of a Scire fac where lands are extended by the plaintiff where the sheriff returns that he extended the same lands upon an other writ of Elegit and delivered them c. and that he cannot deliver them to the plaintiff untill the first debt be levied 149 Entry of a Scire fac against a conusee in a statute merchant brought by the Conusor to have back the possession of Lands extended for that he is satisfied 152 Entry of the like Scire facias upon promise that the Conusee is satisfied Per fluxum temporis speciall pleadings ibid. Entry of a Scire facias after a Devastavit returned brought by the Administrators of the Plaintiff after Iudgement upon the Devastavit to have Execution de bonis proprij 150 Entry of a Sci. fac against a sherif for taking of insufficient pledges in Repleg 151 Entry of a Scire facias upon a Recognizance acknowledged before a Judge of the Common Bench in the Country 156 Entry of an Inrollment of a Recognizance with the Term and number roll expressed and a Scire facias thereupon ibid. Entry of a Testat Scire facias against Ter-Tenants upon the Sheriffs returne who say that there is another Ter-Tenant in another County Non praemonuit and pray that they may not answer to the Writ of Scire facias usque alius praemoniatur adjudged a good plea and a Replication c. 146 Entry of a Scire facias against Ter-Tenants of Lands tempore judicii reddit who came not and a Writ of Elegit is awarded c. 161 Entry of a Scire facias Ter-tenants two are returned 1 makes default Execution awarded against him of Lands whereof he is Tenant and the other pleads 162 Entry of diverse Testat Scire facias awarded into severall Counties against the Ter-Tenants ibid. Entry of a Scire facias by the Heire and Executor of the Demandant to have Judgement in an Assise of Niusance Quod nocumentum amoveatur and for Damages after the Record of the Assise is certified into the Vpper Bench plea and judgement by Nil dic ibid. Entry of a Sci. fac for the tenant in a writ of Dower to have execution of the lands to the value of the third part recovered in Dower after Seisin had of the third part demanded 165 Entry of a Scire facias sued out by Administrators upon a judgement had by them as Administrators c. without shewing the Letters of Administration ibid. Entry of a Sci. fac against a Sheriff to render to the Plaintiff so many cattell as were replevied by him by pledges for that the pledges are insufficient 166 Entry of a Writ of Scire facias in debt for the Demandant against a stranger Judgement that the demandant have the third part c. 169 Entry of a Writ of Scire facias upon a judgement in a Writ De anuo redditu to have execution De arreragiis incursis after judgement ibid. Entry of a Scire facias to take Bail where one comes to the bar and pleads matter in bar to an Outlawry 170 Entry of a Scire facias awarded and returned after a Capias upon statute Merchant into the Bench 171 Entry of a Scire facias against Manucaptors 173 Entry of a Scire fac in Audita que resa 174 Entry of a Scire fac after a Scire fac against Ter-tenants with the retorne of the writ 175 In all cases wherein baile is required if the defendant die before a non est inventus retorned upon the Scire fac the baile is discharged ib. Seisin Entry of a writ of Hab. fac fesinam in dower and the returne thereof 177 Summons Entry of a writ of Summons in an attaint executed and awarding of resummons against the defendant 179 Entry of the like writ with the awarding of a Distringas against the grand jury the party and petty Jury ib. Entry of a Summons in a Quare impedit with the essoine and attachment awarded for default ib. Spec entry of a summons in a Quare impedit the Sheriff returns a tarde and another awarded 181 Entry of an alias summons in a quare impedit in severance and an attachment awarded against the defendant ib. Surrender The surrender of a Philizer office 181 The like entry ib. The like entry ib. The like entry ib. Supersedeas Entry of a Supersedeas to a Capias in Withernam quia inconsult emanavit averia elongat retorned 182. Entry of a Supersedeas to an Exegent and pledges de novo 184 Entry of a Supersedeas in the upper Bench to discharge sureties of peace in the Common Bench ib. Entry of a Supersedeas after a fieri fac ne vendi exponas 185. Ventre inspiciendo Entry of a writ de ventre inspiciendo 186 Utlary Entry of non omittas upon a Capias Utlegat 187 Entry of a reversall of an utlary against an intestate prosecuted by an administrator for defect in the returne of the Writ of Exigent 188 Entry of a reversall of an Vtlawry for defect in the Proclamations 189 Entry of a traverse of a Commorance in another County and reversall of the Vtlary Pur non commorance c. 191 Entry of a confession by the Garnisee ibid. Entry of a confession by the Attorney Generall upon a Testimony and reversall of the Vtlawry ibid. Entry of a speciall Writ of Capias utlagat and amerciament of the sheriff for bad attendance upon the Court ibid. Entry of a speciall Amerciament against the Coroners for not certifying of an Vtlawry after a Certiorare to them made ibid. Entry of a reversall of an Vtlawry for insufficient return of the certiorare 193 Entry of a reversall for variance between the record and the writ of Exigent 194 Entry of a reversall for that the cap. whereupon the exigent
tâ—e Pl. la non comorâ—ns Travers was Comorant and conversant at N. aforesaid within the Isle of Weight in the said county of Southampton without this that he the same day or at any time afterwards was Comorant and coversant at Grayes Inne in the County of Midd. As by the said Record of emanation of the said writ of Exegint above is supposed and this he is ready to verifie whereupon for that the writ of proclamation was not directed to the sheriff of the said county of South wherein the said P. at the day of the issuing forth of the said writ of Exig was comorant and conversant as of right it ought to have beene directed according to the Forme of the statute aforesaid the same P. prayeth judgment and he from the court here of the utlawry aforesaid may be acquitted discharged and set at large c. ANd the said W. saith that he cannot gainesay but that the allegation of the said P. in his discharge of the utlawry aforesaid is true Confession of the garnishee nor but that the same P. at the said Oct. Pur. which day the said writ of Exigent whereupon the same P. was utlawed issuing from the court here was commorant conversant at N. c and that no writ of proclamation in this behalfe was directed to the sheriff of the County of S. as the same P. hath above alleaged c. ANd E. Coke Esquire Attorney generall of the said Lady the Qu. who followeth for the said Lady the Queen in this behalfe Confession of the attorney generall upon a testimony thereof consulting if he knew or would say any thing wherefore the said P. ought not to be discharged from the utlawry aforesaid of which credable information is given him by W. M. of c. and others faith worthy that the allegation of the said P. in the discharge of the same P. from the utlawry aforesaid is true whereupon the same E giveing credit to them sayeth that he cannot gainesay but truly confesseth Judgment that the utlawry be reversed salvo jure Reginae c. that the said P. at the said Oct. Pur. which day the said writ of Exigent whereupon the said P. is utlawed issuing out of the court here was commorant and and conversant at N aforesaid c in the county of S. and that no writ of proclamation was ever directed to the said sherff of S. in this behalfe as the said P. hath above alleaged wherefore it is considered that the same P. be discharged of the utlawry aforesaid and upon that occasion not be molested in any thing nor grieved but goe thereof quiet c. reserving a writ to the Lady the Queen otherwise if c. Entry of a speceill writ of Cap. utlagat amerciament of the sheriff for bad attendance upon the court and not coming to receive a speciall Cap. utlagat Recitall of the speciall Utlagat H 2. Jac. Rot. 1362. Broker Cardigan ss It was commanded the sheriff that he should not omit for any liberty of his county but by the oath of honest and lawfull men of your county you should inquire what goods and chattels lands and Tenements M U c. with all his additions hath or had in his Bayliwick such a day and yeare or at any time afterwards which day he was utlawed in the County of the City of the city of O. at the suit of I. S. in a plea of debt whereof he was convicted As the sheriff of the City of Oxon to the Justices of the Lord the Ki. now here at a certaine day now past retorned P. 24 Iac. rot 323. Vict. in mia 5. marks for retorning trade upon a writ that was ent ed upon Record P. 6 H 8 rot 296. the like sur nichil fec nec remisit H. 8 H 6 rot 333 vic in mia 40 l. for not returning of a writ of Nisi prius H 24 Eliz rot 1702. entry of a speciall amerciament for an insufficient retorn upon an Habere fac possessionem emii Recitall of days given to the sheriff to come and receive the writ sin court And that upon their oath he cause them to be extended and appraised according to the true value of them And such things as shall be found by that Inquisition he cause to be taken into the hands of the Lord the King now safely to be kept so that he may answer to the Lord the King of the true value and issues of them and with them so extended and appraised he make knowne to the Justices of the Lord the King here tli retorn distinctly and openly under his seale and the seales of them by whose oath he had made that extent and appraisment And for that the same M. did ly hid wander and runn from place to place in the county aforesaid in contempt of the Lord the King now and prejudice of his Crowne as the King hath been informed That wheresoever it shall happen the same M. to be found in his Baylickwick aswel within as without the liberties he should take him and safely keep so that he might have his body before the Justices here at the said Terme to do and receive whatsoever the said Court of the Lord the King shall consider in that behalf and it is to be known that at the two severall dayes in that same Term given to the said sheriff of Cardigan by the Court here To come here into the Court and receive the Writ aforesaid to be executed in Form of Law the same sheriff came not here into the Court to receive that Writ therefore the same sheriff to wit R. P. Knight in miserec And he is fined by the Justices here to 12 l. c. TRin. 8. Jac. Rot. 2700 Brownlow Norff. ss It was commanded the Coro of the Lord the Ki of the C. aforesaid that whereas it was testified for the Lord the Ki. in the C. of the said Lord the K. here that divers wits of the said Lord the Ki. by exig of late directed to the sheriff of N. issuing out of the said Court here A special amerciament of the coroners for not certifying of an utlawry after a Cerciorare to them made and before the Iustices here at certain dayes aswell past as to come retornable and many utlawries into the said Court here not as yet certified against the parties Defendants in the same writs named in the county aforesaid published and judgments thereupon are given by the said Coroners And Especially one utlawry against one R. B. late of P. c. in the County of Norff. Gent. at the suite of R. W. in a plea of Debt and because the Lord the King will adhibit due and speedy remedy to the said R. W. in his action aforesaid he doth command the same Coroners that scearching theire Roles and Record and other memorables T. Io 21 23 bayle to an ulawry being in theire custodyes the utlawry aforesaid upon the writ aforesaid
in Forme aforesaid published and the judgment thereupon by the said Coroners given they have here at this day to wit in Oct. S. Trin. That the same justices may doe therein what of right and according to the Law and custome of England ought in this behalfe to be done and now here at this day came the same W. H. by W. B. his attorney and because the Coroners of the County aforesaid the writ aforesaid which was otherwise delivered to them to be executed in Form of Law had not here at this day Miserec XL s. Therefore the said Coroners to writ H. T. and I. L. in Miser And are fined by the Iustices here at 40 s. P 12. Jac. Rot. 2243. Goldesbursh Montgomery ss E. P. Esquire sheriff of the County aforesaid for that he returned not here in court a certaine writ of Capias utlagat against M. P. at the suite of R. O. Kni. in a plea of Debt retornable before the Justices here Mens Pas that same Term. in mercy c. And is fined by the Iustices aforesaid at 60 s. See Grislyes case Cok. 8. fo 40. B. according to the old book of entryes title record M. 27. H. 7 rot 531. Amerciament det ver at 10 l. for not returning the Habeas Corpus Jur. Devant the Justices de Nisi prius P 13. Jac. rot 733. Brownlow Sar. ss Reversall of an Utlary for insufficient return of a Certiorare It was commanded the sheriff that he should not omit for any liberty of his county but that he should take H N. of c. utlawed in London on Monday next after the Feast of S. Leonard the Abbot An. regis c. 12. at the suite of Henry Breton in a plea of debt if c. so that he might have his body here at this day to wit A dâ—e Pas in 15. dies To do and receive what the court of the King here should consider of him in this behalfe and now here at this day came the said Henry N. in his proper person and the sheriff to wit Rowland Traps Esquire now retorneth that he by vertue of the said writ to him directed took the body of the said He. N. whose said body he now hath here ready as by the said writ it was commanded him c. And hereupon the said Henry N. prayeth the hearing of the writ of Cerciorare whereupon the utlawry aforesaid by Iohn Gore and William Gore then sheriffs of London To the court of the Lord the King here was certified and to him it is read in these words London ss we I. G and W G. sheriffs of London do certifie to the Justices of the Lord the King at Westminster in the writ to this schedule annexed specifyed that searching the roles records and other memorables being under our custody we find in the same that Henry N. of A. in the County of Sur. Esquire in the writ aforesaid named put in the hustings of London being five times called and not appearing he was utlawed in mannor as followeth That is to say at the hustings of the Common pleas held in Guild-hall in the City of London upon Monday next after the Feast of c. An. Rs. c. 12. the said Henry N. was the first time called and appeared not and at the bustings of the Common pleas held in Guild-hall c. on Munday next after the Feast c. An. Sup. the same H. was the second time called and appeared not The answer of H. Iay and T. B. sheriffs That writ as above indorsed was delivered subscirbed to the sheriffs by the said sheriffs at their departure from theire office At the hustings of common pleas held at Guild-hall of the City aforesaid on Munday next before the Feast c. An. Supr the said Henry was the third time called and appeared not At the hustings of the common pleas held c. The said Henry was the fourth time called and appeared not at the husting c. The said Henry was the fift time called and appeared not Therefore he was utlawed The answer of P. P. and M L. sheriffs and this is the utlawry in manner and Forme as it is published against the said Henry Nudigate which we have ready before the Justices at the day and place contayned in the same writ according to the intent of that writ The answer of Iohn Gore and William Gore sheriffs which being read and heard the same H. Nudigate saith that he is injured in this behalfe and that by the law of the land ought not to be charged with the said utlawry because he saith that in the retorne aforesaid between these words said sheriffs a certaine materiall word is omitted to wit late so that by the omission of the said word it doth not appeare by the returne aforesaid by which sheriffs the said Henry N. was the third fourth and fift time called or by the said sheriffs now or by the said late sheriffs as it ought to appeare by the said retorne For that cause the said returne is insufficient in Law and this he is ready to verifie whereupon he prayeth judgment that he may be discharged from the said utlawry whereupon the said return being seen and by the said Justices here being fully examined and understood It seemed to the Justices here that the allegation of the said H. N. is true in his discharge from the utlawry aforesaid therefore it is considered that the said utlawry be adnulled and altogether taken for nothing And that the said H. N. for that occasion be unmolested not in any thing grieved But goe therein quiet c. Vtlary reversed for variance between the Record and the writ of Exig fac T 7. Jac. rot 3608. Brownlow Sussex ss It was commanded the sheriff and so recite the Capias utlagat as in the next before as by the said writ to him it was commanded c. which said Francis being so taken and had prayeth bearing of the writ of Exigent whereupon the same F. at the suite of the said W. in Forme aforesaid is utlawed And it is read unto him in these words James by the Grace of God c. reciting the writ and Test untill you come to and of Scotland the XL. he also prayeth the hearing of the record whereupon that writ Issued And it is read unto him in these words ss It was commanded the sheriff that he should take Francis Challoner late of c. in the county aforesaid Esquire otherwise called F. C. de L. in the County of Sussex Esquire if c. and safely c. so that he shall have his body c. and so recite the whole entry untill you come to in Forme of Law to be executed c. which being read and heard the said Francis saith that he is injured in this behalfe and that he by the law of the land ought not to be charged with the utlawry aforesaid because he saith that there is manifest variance between