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
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
and lawfull Knights of his County and in his proper person came to the same Court of the said G.W. and in full Court there held the tenth day of May An. c. 13. abovesaid and caused to be recorded the Plaint aforesaid which was in the same Court without the Writ of the said Lady the Queen between the parties aforesaid in the Plea aforesaid And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court of those who were present at the same Record And had prefixed the same day to the parties aforesaid that they should be here to proceed in the same Plaint as shall be just And now here at this day came as well the same Marquesse by Rich. Lee his Attorney as the same Eliz by W. Plomer her Attorney Judgment that the cause is insufficient to remove the cause and a writ of Procedendo is granted whereupon the cause aforesaid being seen in the Writ aforesaid recited It seemed to the Justices here that cause to be insufficient in Law to remove the Plaint aforesaid out of the same Court of the said G.W. of his Mannor aforesaid And that the Court of the Queen here ought not to take Cognizance of the Plea therein And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid Therefore it is considered that the same Bayliffs notwithstanding the Writ aforesaid in the Plaint aforesaid according to the Law and Custome of the Mannor aforesaid at the prosecution of the said Marquesse proceed with effect and that they exhibit to the parties aforesaid full and speedy Justice therein according to the custome of the Mannor aforesaid c. P. 11. Iac. Rot. 2215 ss Entry of a writ of Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damages in the plaint are under 40 â— The Lord the King sent to the Sheriff of Lincoln his Writ closed in these words Iames by the Grace of God c. to the Sheriff of Lincoln greeting We command you that taking with you four discreet and lawfull Knights of your County In your proper person come to the Court of Edward Dymock Knight of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court without our Writ between I. c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said And have that Record before our Justices at Westm Mense pas under your Seal and the Seals of four lawfull men of the same Court who shall be present at that Record and that you prefix the same day to the parties that then they should be there to proceed in the same Plaint as shall be just and have you the names c. Teste c. because the same Defendant for the favour which the same Plaintiff hath in the same Court cannot have Justice there as it is said Let execution be done upon that Writ if the cause be true and the same Defendant shall desire it or otherwise not And now here at this day to wit at the same Mens pas I. L. Knight Sheriff of the County aforesaid returned that he by vertue of the Writ aforesaid took with him I. D. R. R. I. D. and F. Fenn four discreet and lawfull men of his County in his proper person came to the Court of Edward Dymock aforesaid and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ And the Record thereof hath before the said Justices here at the same Mens pas under his Seal and the Seal of I. Hart R.S.I.N. and W. Stoke four lawfull men of the same Court who were present at that Record and prefixed the same day to the parties that then they should be here to proceed in the Plaint aforesaid as should be just Horncastle cum Soca ss At the Court of Pleas of Edward Dymock Knight Tenant or Farmer of the Reverend Father in Christ H. Bishop c. held such a day and year c. T. complaineth against W. late of c. of a Plea of Trespasse upon the case Pledges to prosecute Io. D. R.Ro And now here at this day came the same T. by R.O. his Attorney Cause alledged for a Procedendo because the damages exceed not 40 s. and the Common Bench cannot take cogâ—izance of the plea. and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings And for that cause prayeth a Writ of the Lord the King de procedendo in this behalf to be granted him And because the same W. nor any other on the behalf of the said W. came not nor alledged any thing in Court here to the contrary for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint do not amount to forty shillings in which case it belongeth not to the Court here to hold Plea thereof It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid may further proceed in the Plaint aforesaid between the parties aforesaid Therefore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid that they further proceed in the Plaint aforesaid according to the law and custome of his Soak of the Mannor aforesaid the same Writ of the said Lord the King Procedendo awâ— ded non obstante c. before therein to the same Sheriff directed notwithstanding And that they exhibit full and speedy justice therein to the parties aforesaid according to the Law and custome of his Soak of the Mannor aforesaid should be to be done c. Allowance H. 3. I. Rot. 220. c. Brownlow Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity The Lord the King sent to his faithfull and beloved George Kingesmill Knight one of the Justices of the said Lord the King of the Common Bench his Letters Pattents in these words James by the Grace of God of England Scotland France and Ireland King Defender of the Faith To the Treasurer Chancellor Chamberlain and Barons of our Exchequer And also to our faithfull and beloved George Kingesmill one of our Justices of the Common Bench greeting Know yee that we considering the debility of the body of the said George K. broken with infirmities and old age And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench which he is wont to undergo as in the Letters Patents c. And
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
the goods and chattells of the same T. at the time of his death being in the hands of the said A to be administred to be made and ought not to be rendred to the same E. according to the Forme of the Recognizance aforesaid if c. And now here at this day came aswell the same E. by A his Attorney as the same A by D D her Attorney and the Sheriff now returneth that she hath nothing c. nor is found c. And hereupon the same E prayeth Execution against the same A for the said one hundred and fifty pounds in Forme aforesaid acknowledged of the goods and chattells which were of the same T at the time of his Death in the hands of the same A Being to be administred to be adjudged him c. And the said Ann saith That the said E. ought not to have Execution against her for the said one hundred and fifty pounds by the same T. M. in Forme aforesaid acknowledged of the goods and chattells which were of the same T. at the time of his Death in the hands of the said A to be administred because the saith That after the Recognizance aforesaid by the same T. M. in Forme aforesaid acknowledged and before the same Terme of Saint Hlllary Anno 42 of Queen Eliz. abovesaid to wit the tenth day of December Anno 42 Eliz. c. abovesaid in the Court of the said late Queen held at the City of London beâ—ore R. C. Alderman then one of the Sheriffs of the City aforesaid in his Counter scituate in the parish of Siant Michael in Woodstreet London according to the custome of the same City from the time whereof no memory is extant used approved in the same came certain M C and I W in their proper persons then and there by the name of M C and I W. of London Brewers levied a certain plaint against the said T. M. in his life time by the name of T M c. in a plea of Debt upon demand of a hundred pounds and then and there found pledges to prosecute that plaint to wit I. D. and R. R. and then and there in the same Court put in their places T H their Attorney against T M. of the plea aforesaid And aâ—terwards to wit at the Court of the said late Queen held at Guild Hall of the City aforesaid scituate in the parish of Saint Lawrence in the Old Jury London the â—ourteenth day of January Anno 42 Eliz. abovesaid before the same Sheriff came the said M and I. by their Attorney afoâ—esaid The Defendant appears gratis and pleads at the perill of the plaintiff Note That such form is the Common form of bayles in London and offered themselves against the said T. in the plea aforesaid whereupon the same T. M. in the same Court then and there in his proper person likewise came and freely offered himselfe to answer the said M and I. in the plea aforesaid whereupon the said T. M. afterwards in the same Court was bayled by I. D. and R. R. at the instance and perill of the same M and I. according to the custome of the City aforesaid to have the same T. M. at the said Court the same fourteenth day of January at Guildhall aforesaid to be held according to the custome of the City aforesaid and so afterwards from Court to Court untill the end of the plea Forme of the recognizance of the plaint aforesaid to answer the same M and I in the plea aforesaid according to the custome of the City aforesaid and the said T. M. then in the same Court put in his place F. T against the said M and I. in the plea aforesaid whereupon afterwards to wit at the Court of the said Lady the Queen held at Guildhall aforesaid Defendant makes his Attorney before the sa d then Sheriff the sixteenth day of January Anno 42 Eliz. abovesaid came as well the same M and I as the said T. by their Attornyes aforesaid and the same M and I by their Attornyes aforesaid declared against the said T of and upon their plaint aforesaid in manner and form as in these words followeth ss M. E. I. W. c. by T H. their Attorney demand against T. M. c. as in the Count word for word Count upon a Concessit solide untill Praedict sextam c. And the same T by his Attorney aforesaid then and there acknowledged the Debt aforesaid to be true whereupon then and there it was considered in the same Court of the said Lady the Queen That the same M and I should recover against the same T their Debt aforesaid together with nine shillings four pence Judgement by confession of the debt for their Damages costs and charges by them in and about their suit in that behalfe layd out and that the said T should be in mercy c. as by the Record aforesaid in the same Court of the said late Queen remaining more fully appeareth And the said Anne further saith That the said T. M. after the judgement aforesaid against the same T. in the said Court of the late Queen in Guildhal aforesaid in Forme aforesaid given to wit the thirtieth of December Anno c. at London in the parish c. made his last Will and Testament in writing and the same A constituted and ordained Executrix of the Testament aforesaid The death of the Defendannt and afterwards such a day and yeare at London in the parish and ward aforesaid the same M and I of the same one hundred pounds nine sh llings and four pence in form aforesaid recovered not being satisfied after whose death the same A took upon her the burthen of the Execution of the Testament aforesaid diverse goods and chattells which were of the said T. at the time of his Death Exâ—ences about the Fnner all to the value of thirty six pounds and five shilli after the Death of the same T came to the hands and possession of the same A whereby the same A 4. pounds of the said thirty six pound five shillings about the Funerall of the said T after the death of the same T expended Expences about proving the will and the same A twenty seven shillings of the said thirty sixe pounds five shillings about the probate of the Will aforesaid as Executrix of that Will after the Death of the said T likewise Expended And the same A further saith That she after the Death of the same T. and before the same A had any notice of the said Debt of one hundred and fifty pounds by the same T in his life time to the said E. in Forme aforesaid acknowledged and before the day of purchasing the Writ of Scire facias of the said E. E. to wit such a day and year at London in the said parish of Saint Lawrence in the Old Jury London Payment of the judgment befere notice of such debt and
suit paid to the same M and I twenty five pounds and eight shillings of the said thirty six pounds and five shillings in full satisfaction and payment of the said one hundred pounds nine shillings and four pence to the same M and I in Forme aforesaid owing as by the Record thereof in the same Court of the said late Queene at Guildhall aforesaid remaining manifestly appeareth And the same A further saith That neither the same T at the time of his Death nor the same A after the Death of the same T. before the Day of purchasing the said Writ of Scire facias nor at any time afterwards Nothing else in her hands but goods to such a value which the executrix brings into the Court to pay the plaintiff in part of his debt had any goods or chattells which were of the same T at the time of his Death in her hands to be administred besides goods and chattells to the value of one and thirty pounds five shillings by her in Forme aforesaid administred and besides the goods and chattells to the value of ninety shillings residue of the sayd thirty six pounds five shillings yet remaining in the hands of the sayd A not administred which sayd summ of ninety shillings the same A bringeth here into Court to pay the said E and this she is ready to verifie whereupon she prayeth Judgment if the same E ought to have execution against her for the said 150 l. c. ANd the said E. saith That he by any thing before alledged Replication that no such record of recovery is had in London from having his Execution aforesaid against the same A. for the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death in the hands of the said A to be administred ought not to be barred because he saith That there is not had any such Record of the plaint aforesaid betweene the same M. and I. and the same T. in the Court aforesaid remaining as the said A hath above alledged and this he is ready to verifie whereupon as before hee prayeth Judgment and Execution against the said A. of the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death being in the hands of the said A to be administred to him to be adjudged c. Rejoynder that such a record is had of a recovery in Lond. ANd the same A. as before saith That such a Record is had of the plaint aforesaid between the same M and I. and the said T. M. in the Court aforesaid remaining as she hath above alleadged and this she is ready to verifie here when and how the Court of the Lord the King here shall consider And hereupon the same A further saith That the Mayor Sheriffs and Aldermen of the City of London Custome of L. alledged by the defendant amongst other Liberties Franchises and priviledges of the Citizens of London by diverse late Kings and Queens of England progenitors of the Lord the King now granted and by the said Lord the King now confirmed they have their liberty that they ought to record every Record pleaded before them made or had presently and not otherwise and therefore prayeth for that the Record aforesaid being now in the custody of the sheriffs of the City aforesaid A certiorare awarded to the Sheriffs of L. to certifie c. a writ of the said Lord the King to be directed to the said now Sheriffs of the city of L to certifie the lustices here whether such a Record be had or not and to her it is granted c. Therefore the Sheriffs of London are commanded that searching the Records and other memorables upon Records in the time of the said late Sheriffs of London being in the custody of the said now Sheriff they make appear to the Iustices here in Cr. Trin. whether there is had such a Record of the plaint aforesaid in their custody as the said A. hath above alledged or not the same day is given to the parties aforesaid here c. AT which day here came the same E. by his Attorney aforesaid and the same A. the Record of the plaint aforesaid by her above alleadged Judgement for the plaintiff for failer of the record here at this day hath not but made Default thereof therefore it is considered that the said E. have Execution against the said A. of the said one hundred and fifty pounds by the said T in forme aforesaid acknowledged to be levied of the goods and chattells which were of the same T. M at the time of his death in the hands of the said A to be administred c. Brownlow Nota. NOte That after a Scire facias nulla min. Note and study the diversity 19 H 6 19 tr Record 24. Continuance of â—ul tiel record NOte That the Court held that the Defendant ought to procure the Record to he certified at his perill and not stay the Returne or certificate of the Sheriffs against the opinion of Master Brownlow Prothonotary ANd hereupon by the consent of the said Plaintiff further day is given to the said Defendant to have the Record aforesaid by him above pleaded here untill in Oct. Mich. To shew in form aforesaid c. T 43 Eliz rot 1822. Gibson against Brooke Bar upon a Sci. fac against an executor to have execution of his proper goods after a Devastavit returned upon in a writ to inquire what goods came to his hands after suggestion that diverse goods came to his stands and that he had wasted them after a Nulla bona returned upon a fi fa. of the goods of the Testator Suggestion that the executor had wasted diverse goodr of the Testator See the new book of entries fol. 268. 269. 271 and 272. pl. 5. Petâ—fers case title error A writ of fi fa. de bonis testatoris with a writ of inquiry what goods of the testator the executor had wasted M 2 Jac. rot 1812 H 6 Jac. rot 1806. H against B. T 38 Eliz. rot 910 demurrer upon Scire facias quod bre est insufficiens H 33 Eliz rot 612 W against S H 9. H 6 rot 134 Return vic per inquest de office That the goods of the Testator to the value of 110 l after the death of the testator came to the hands of the executor to be administred and that the executor had wasted the goods Scire facias awarded against the executor to have execution of his proper goods ss Otherwise as it appeareth in Hillary Terme last past roll 1434 London ss It was commanded the Sheriffs that of the goods and chattells which were of W B late c. at the time of his death in the hands of G B. Executor of the Testament
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
is thus contained Middlesex ss It was commanded the Sheriff whereas I L of the parish of Saint Bridget London Felt-maker R A of c. in the County of Surrey Felt-maker and W D in the parish of Saint Olave Southwark in the County of Surrey Felt-maker lately in the Court of the Lord the King now The condition of the Recognizance to wit in the Term of Saint M. Anno Regis Franc. Hiberniae c. 12. Scotiae 48. before Henry Hobart Knight and Baronet and his Associates then Justices c here to wit at Westminster did acknowledge and every of them doth acknowledge himself to owe to P. S. widow foure hundred pounds of lawfull mony of England which said summ of foure hundred pounds the same J. R. and W. for themselves and their heires Recovery against the principall would and granted and every of them willeth and granteth to be levied of their Lands and chattells and of every of them to be made and levied to the use and behoof of the said P under condition that if it should happen for the same Petro Nello against the said J. S late of London Felt-maker otherwise called c. in the same Court of Common Bench of the Lord the King here in a certain plea of debt upon demand of two hundred pounds by the same P against the same J. S in the same Court of the King here prosecuted to be given then the said J. S. shall satisfie the said Debt of two hundred pounds and also all damages by occasion of detaining of that debt against the same I. S. in the same Court of the King here to be recovered or adjudged or should render his body in Execution upon the same judgment in the Court of the Lord the King here And although the said P afterwards to wit in Hillary Terme Anno Regis nunc 12. Sup. in the same Court of the King here before the same Henry Hobart Knight and his Associates Breach of the condition that the principall had not paid the debt and damages nor rendred his body c. then Justices of the said Lord the King of Common Bench here to wit at Westminster by the consideration of the same Court recovered against the same I. S. as well the said Debt of two hundred pounds as fifty three shillings four pence which to the same P in the said Court of the King here were adjudged for his damages which he had by occasion of the detaining of that debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at W aforesaid remaining manifestly appeareth Neverthelesse the said I. S. the debt and damages aforesaid to the said P hath not yet paid nor rendred his body in execution upon the judgment aforesaid in the Court of the King here according to the Forme of the Recovery aforesaid as by the information of the said P is made known to the King And because c. that by honest c. he should make knowne to the said I. L. R. and W. that they should be here at this day to wit Quin. Pas to shew if any thing c. to wit the said I. L. wherefore the said 400 l. by him in Form aforesaid acknowledged ought not to be made of his lands and chattells and the said Richard wherefore the said four hundred pounds by him in Forme aforesayd acknowledged ought not c. And the said Walter wherefore the sayd four hundred pounds by him in Forme aforesaid acknowledged c. and rendred to the same Petronell according to the Forme of the Recovery aforesaid Nihil returned upon the first Sci fac Alias Sci fac awarded T 19 Jac Rot Such a forme of entry of an alias Sci fac where the first Sci fac was returnable in another term Returned as before Judgment seve ally against the Manucaptors by default c. Entry of an alia Sci fac where the fi st Sci fac was returnable the same term T 19 Jac Rot 2089. See the form in another term and now here at this day came the same P by G.B. her Attorney and offered her selfe the fourth day against the same I. L. R. and W. in the plea aforesaid and they came not and the sheriff now returneth that they have nothing c. nor are found c Therefore as before it is commanded the sheriff that he make knowne to the said I.L.R. and W. that they should be here in Cr. Trin to shew in Forme aforesaid c. And now here at this day to wit to the said Cr. Tri. came the same P. by her Attorney aforesaid and offered her selfe the 4th day against the said I. L. R and W. of the plea aforesaid And the sheriff as before now returneth that they have nothing c. neither are found c. Therefore it is considered that the said P have execution against the said I. L. for the said 400 l. by him in Form aforesaid acknowledged and against the said R A of the said 400 l. by him in form aforesaid acknowledged and against the said VV D of the said 400. pounds by him in Form aforesaid acknowledged by default c. T 19. Jacobi Rotulo 4840. Brownlow ss Middelsex ss entry of Scire fac against Manucaptors upon a Bayle re Cr. Trin. And now here at this day to wit at the same Cr. Trin came the same Plaintiff by his attorney aforesaid and offered himself the 4. th day against the said Defendant in plea aforesaid And he solemnly called came not And the Sheriff retorned a Nihil Therefore as before it is commanded the sheriff that by honest c. he make known to the said defendant that he be here Tres Tri. to shew in forme aforesaid c. And now here at this day to wit at the same Tres Tri. came the said plaintiff by his attorney aforesaid and the said Defendant the 4th day of the plea being solemnly called came not and the sheriff as before retorneth nichil habet c. Therefore it is considered c. as in others Entry of a Sci fac upon a recovery in dower for value of the damages against the Ter-tenant Recitall of the judgment ss M 44. and 45. Eliz. Rot. 405. Otherwise as it appeareth in the Term of S. Michael An. Eliz. 44 and 45 Rot. 743. It is thus contayned Norff. ss It was commanded the sheriff whereas W G and M. his wife who was the wife of R. B. lately in the court of the Lady the Queen now to wit in Easter Term An. Regni 43. before E. A. Knight and his associates then Justices of the said Lady the Queen of the bench here to wit at Westminster by the consideration of the same Court had recovered against T. B. 45 l. 10 s. which to the same W. and M. in the said court of the Lady the Qu. here were adjudged aswell for the value
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
Tenant had not duly made his execution Suff. ss It was commanded the sheriff whereas William Ayleff Esquire Barbara his wife lately in the court of the Lady the Queen here to wit at Westminster by the consideration of the same Court had recovered their seisin against I. A. of the third part of the Mannor of Abbotts with the appurtenances in D. c. and whereas also at the prosecution of the same W. and B out of the said Court of the Lady the Queen here of and upon the judgment aforesaid to wit the 6. day of November An. 42. Eliz. issued forth a certaine writ of the Lady the Queen de Sesina directed to the sheriff of the county aforesaid By which said Writ the said Lady the Queen commanded the said sheriff that he should know that the same W and B. in the Court of the Lady the Queen of the common Bench here to wit at VVestminster aforesaid had recovered their seisin against the said I. of the said third part of the Mannor of Abbotts in the appurtenances and 8 messuages c. with the appurtenances as the Dower of the said Barbara of the indowment of Martin A. her late husband c. whereupon the said Lady the Queen now to the said sheriff commandeth that the said W. and B. full seisin of the third part aforesaid with the appurtenances to hold to them in severalty by meats and bounds he should cause to be had and in as much as he should that precept of the Lady the Queen he should make appeare to the Justices of the Lady the Qu. here to wit at VVestminster in 8. Hill then next following which said Writ of seisin afterwards to wit the 16. day of Ianuary then next following at Y. aforesaid in the county aforsaid to E. B. Esquire then sheriff of the County aforesaid being was delivered to be executed in Form of Law And also by the information of the said W. and B. the same Lady the Queen hath understood that the said Edward favouring the same I. A. and indeavouring wholely to defraud the same W. and B of the recovery of the third part aforesaid afterwards to wit the 17. day of Jan. An. 43. abovesaid caused to be had to the same W. and B. full seisin of 1 Messuage in E aforesaid late in the tenure c. to hold to the same W. and B as the Dower of the same B. of the Indowment of the said Martin her late husband in the same mannor of A. and to the Tenements and Rents aforesaid in Y. c. contingent as by the Record and proceedings here in the same Court of the said Lady the Queen remayning manifestly appeareth whereas notwithstanding all and singular the Tenements aforesaid to the same W. B. by the said Ed. Bacon for the third part of the Mannor Tenements and Rents aforesaid with the appurtenances in Forme aforesaid delivered and assigned are not parcell of the mannor lands and Tenements aforesaid wherof the same W. and B. have recovered their third part in forme as aforesaid to the immoderate damage and grievances of the said W. and B. whereupon they have supplycated the said Lady the Queen to adhibet to them a fit remedy in this behalfe the same Lady the Queen not being willing in any wise to injure the same W. and B. But being willing that compleat justice be don and used to them in this behalfe that by honest c he should make known to the same I. that he should be here at this day to wit in 8. Mi. to shew if any thing c. Wherefore omitting the Tenements aforesaid to the same W. B in Form aforesaid delivered and assigned the same W. B seisin and execution of the said third part of the mannor Tenements and Rents aforesaid with the appurtenances whereof the said W. and B. have recovered their third part in Form as aforesaid according to the Form of the recogniz aforesaid against the same I. ought not to have if c. THe Defendant appeareth and saith that the said W. and A. any further execution of the third part aforesaid of the mannor and Tenements c. aforesaid with the appurtenances by them above recovered against him ought not to have because he sayeth that well true it is c. And confesseth the Recovery the writ of seisin and the return thereupon and that the Defendant entred into the land and further saith That the said messuage 3. acres of Land c. in D. aforesaid to the same W. B by the same E. B. for the third part of the mannor c. in Form aforesaid delivered and assigned are parcell of the mannor and Tenements whereof the same W. B. have recovered their seisin of the third part abovesaid in Form as aforesaid and this c. Judgment for the Tenant upon the demurrer And demurrer for that the writ lyeth not but afterwards an other Writ generall was brought And it was adjudged to be well brought See Hill 25. Rot. 650. P. 9. Jac. rot 656. Entry of a Sci. fac in a Quare Impedit T 30. Eliz. rot 1308. Lincoln ss It was commanded the sheriff whereas Thomas Beverly Gent. in the Court of the Lady the Queen now here to wit in the Term of of S. M. An. Eliz. 28. and 29. before Ed. Anderson Knight and his associats then Justices of the said Lady the Qu. of the Bench here by the consideration of the same Court had recovered his presentation against Iohn Arch. Bpp. of Canterbury and G. Cornwall his Clerk of the Church of Somerby in the County aforsaid being void and belonging to his gift by writ of the said Lady the Queen de Quare impedit as by the record and proceeding therein in the same Court here remayning it manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth to be don as by the information of the said Thomas the Queen understandeth and because c. that by honest c. he should make known to the said Arch Bpp. and Gabriel that they should be here at this day to wit in Cr. S Tri to shew if any thing c. wherefore the same Thomas execution against them ought not to have according to the Form of the recognizance aforesaid if c. And now here at this day came aswell the said Thomas by VVilliam Be. his attorny as the same Arch Bpp. and Gabrill by R. P. their attorney And here upon the said Thomas prayeth Execution of the judgments aforesaid against the said Arch. Bpp. and G. to him to be adjudged Saith nothing but the ordinary c. and the same Arch Bishop defenderth the force and wrong when c. and nothing in Bar of the execution of the said Thomas saith whereby the said Thomas remayneth against the said Arch. Bpp. thereof without defence Therefore it is considered that the same Thomas have execution of the judgments aforesaid against the said Arch-Bishop according to
Jac. Rot. 1510. It is thus contayned Mid. ss It was commanded the sheriff whereas G. B. of Cobham in the County of Surry gent. had prosecuted a certaine Writ of the Lord the King of Audita querela to the Justices of the Lord the King here directed against one I. D. Doctor of the Lawes upon a certain judgment in the Court of the said Lord the King of the Common Bench here given for the same Iohn against the said O. given aswell of a certaine debt of 200 l. as of 33 s. and 4. d. for his damages which the same I. had by occasion of detayning of that debt by the same Iohn against the said O. in the same court of the said Lord the King here rccovered and the same O thereupon afterwards to wit the 29. day of May An. Rs. c. 7. out of the same Court had obtayned a certaine writ of the said Lord the King directed to the sheriff of Suss against the same Iohn to premonish the said Iohn of being before the Justices of the said Lord the King here to wit at Westminster such a retorn the next following to answer to the said writ of Audita querele And further to do and receive what the Court of the Lord the King shall consider of him in that behalf and whereas also afterwards to wit the said 29. day of May An 7. abovesaid in the same Court before the Justices of the said Lord the King at Westminster came E. M. of c. G. M. of c. T. W. of c. and R. E. and undertook and every of them did undertake for the same O. in the summe of 200 l. and the same O then present in the same Court undertook for himselfe in the summe of 500 l. to prosecute the said writ of Audita querela with effect and if it shall happen judgment against the said O. in this behalfe to be given that then the same O. should satisfie to the same I. of the debt and damages aforesaid in the same Court recorded which said summe of 500 l. the said Owen acknowledgeth of his Lands and Chattles to be made and to be levied to the use and behoofe of the said Iohn And which said severall sumes of 200 l. every of the Mnucaptors aforesaid acknowledge of their Lands and Chattles and every of them to be made if it should happen the said Owing to make default in any of the premisses and thereof to be lawfully convicted and although afterwards to wit in the morrow of the holy Trinity An. Rs. c. 8. after the appearance of the said Iohn to the writ aforesaid made in the Court of the said Lord the King before his Justices here to wit at Westminster by the judgment of the same Court it was considered that the said Owing shall take nothing by the said writ aforesaid but should be in mercy for his false clamor therein And that the said Iohn should goe therein without day c. and prosecute for his execution if to him it should seem expedient Neverthelesse the said Owing of the said 200 l. of the debt aforesaid the said 33 s. and 4 d. for the damages aforesaid hath not satisfied to the said Iohn neither the said Owing the said 500 l. by him in Form aforesaid acknowledged to the said Iohn hitherto hath not paid nor the same Edmond George Thomas Robert or any of them the said 200 l. by them severaly in Form aforesaid acknowledged of their lands and chattles to the same I. D hitherto hath paid as by the information of the said Iohn the King understandeth And because c that by honest c. he make knowne to the said O. E. G. T. and Rob that they should be here at this day to wit 15 Pas to shew if any thing c. to wit the same O wherefore the same 500 l. by him in Form aforesaid acknowledged of his lands and chattles and the same E G. T. and R. wherefore the same 200 l. by them severally in Form aforesaid acknowledged of their Lands and Chattles ought not to be made and rendred to the said Iohn according to the Forme of the acknowledgment aforesaid if c. At which day here came the said John by I N his attorney and offered himself the 4. day against the same O. E. G. T. and R. in the plea aforesaid and they being solemnly called came not and the sheriff now retorneth that they have nothing c. nor are found c. Therefore as before it was commanded the sheriff that by honest c he should make knowne to the said O. E. G. T. and R. that they should be here 15 Pas to shew in Form aforesaid c. At which day here came aswell the same Iohn by his Attorney aforesaid as the said O. E. G. T. and R. by Oth. Gager their Attorney and the sheriff as before retorneth that they have nothing c. nor are to be found c. And hereupon the same Iohn prayeth execution against the said Owin of the said 500 l. by the same O. in Form aforesaid acknowledged and against the same Edmond for the same 200 l. by the same E. in Forme aforesaid acknowledged and against the said George for the said 200 l. by the same George in Form aforesaid acknowledged And against the said Thomas of the said 200 l. by the same Thomas in Form aforesaid acknowledged And against the said Robert of the said 200 l. by the same Robert in Form aforesaid acknowledged to him to be adjudged c. and the same O E. G T. and R. praylicence to imparle and have it c. At which day came here aswell the said Iohn as the said O. E. G. T. and R. by their attornies aforesaid and hereupon the same Iohn as before prayeth judgment and execution against the said O. E. G. T. and R. of the said severall summes by them in Form aforesaid acknowledged to him to be adjudged c. And the same attorney of the said O. E G T. and R. saith that he is not informed c. therefore it is considered that the same I. D. have execution against the same O for the said 500 l. by the same O. in Form aforesaid acknowledged and against the said Ed. for the said 200 l. by the same E in Forme aforesaid acknowledged and against the said George for the said 200 l. by him in Forme acknowledged And against the said Thomas for the said 200 l. by the same Thomas in Forme aforesaid acknowledged And against the said Robert for the said 200 l. by the same Robert in Form aforesaid acknowledged c. T 10. Jac. Rot. 338 Walter Staff ss It was commanded the sheriff Entry of a speciall writ of Scire facias where the lands are extended for the Pâ— but the sheriff saith that he extended the same Lands upon an other Elegit and delivered them to the party and that he cannot deliver them to the pâ— now
untill the debt aforesaid be levied and upon a judgment that the first recorder is satiâ—fied he shall have such a Scire fac against the first creditor to remove him and to have the lands delivered upon the second extent 38 E. 3. 12. 6. whereas it was considered that in the Court of the Lord the King here that Edward B. Knight should have execution against Thomas Coney late of c. otherwise called c. aswell of a certaine debt of 80 l. which the same Ed. otherwise in the Court of the Lady Elizabeth late Queen of England here to wit in Mich. Term An. of the Reigne of the said Lady the Queen 39. and 40 had recovered against him as of 50 s which to the same Ed. in the same Court were adjudged for his damages which he had by occasion of the detayning of that debt whereof he is convicted And the same Edward afterwards came into the Court of the Lord the King now here and by the statute in such case provided chose to be delivered to him all the goods and chattles of the said T. besides his Oxen other necessaries for the plough likewise the moyety of all his lands and Tenements in the County of Staff to hold as his Free Tenements to him and his assignes according to the statute aforesaid untill he had levyed the debt and Damages thereupon whereupon the King by his writ commanded the sheriff of Staff that all the goods and chattles of the same T. besides his Oxen and necessaries of his Plough and likewise all his lands and Tenements in the County of Staff whereof the same T. in Cr. Anim. An. of the Reigne of the late Queen 39. or at any times afterwards was seised or possessed without delay he should cause to be delivered to the said Edward by a resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattles And also to hold the moyety aforesaid as his Free Tenement to him his assignes according to the Form of the statute aforesaid untill he had levied the debt Damages aforesaid thereupon and in asmuch c. the sheriff should make to appeare here in Crast Anim. An. Regni Rs. nunc 9 and the same sheriff here then returned that he by vertue of the writ aforesaid to him directed had take a certain Inquisition before him at Stafford in the same County of Staff the 22. day of October last past by the Oath of 12. c. by which it was found that the same T. after the Judgment in the same Writ specified given to wit the 20 day of November before the taking of the inquisition aforesaid was seised in his Demesne of Fee of and in the Mannor of W. Coney with its Rights members and appurtenances in the said County of Saff of the yearly rent in all issues besides reprizes 40 s. and recite the return of the inquisition word for word untill in all issues besides reprizes 20 s. And further by the Inquisition aforesaid it is found that the same T. C. at the time of giving of the judgment in the Writ aforesaid specified or at any time afterwards untill the same day of taking of the inquisition aforesaid had no other or more land or Tenements nor any goods or Chattels in the same County of Stafford to the knowledge of the Jury of the Inquisition aforesaid further the same sheriff then there returned that he by vertue of the Writ aforesaid the moyety of the Mannor and Tenements aforesaid above mentioned to be extended to the same Edw. B. according to the exegency of that writ he could not cause to be delivered for that the Mannor aforesaid and all other the premisses with the appurtenances by vertue of an other writ of Extent and Liberi fac to him before therein directed the eight day of January last past to one H P. made to be delivered All and singular which premisses with the appurtenance in the hands of the same H. yet are and remaine by occasion thereof And as to any further execution of the said writ nothing by the said sheriff was further acted therein As by the Record thereof in the Court here remayning manifestly appeareth although after the taking of the Inquisition aforesaid the 8. day of November An Regni of the said Lord the King now of England the 9 th abovesaid it is satisfied to the said Humphery by the said T. Coney of his debt and Damages in the said other Writ specified And although also the said Edward be not yet satisfied of his Debt and Damages aforesaid Notwithstanding the same Humphery yet keepeth possession of the lands and Tenements aforesaid with the appurtenances Generall avermant of satisfâ—ction as by the information of the said Edward the King understandeth And the same Lord the King being willing to do to the said Edw what is just and consonant to reason doth command the sheriff that by honest c. he should make knowne to the said Humphery that he should be here at this day to wit Cr. S. Trin to shew if any thing c. wherefore the same Humphery whereas he is satisfied of the Debt and Damages aforesaid in Form as aforesaid The possession of the Mannor Tenements aforesaid with the appurtenances he would hold or ought and row here at this day came aswell the said Edward by Iohn Richards his attorney as the same Humphery by R. G. his attorney and hereupon the same E. prayeth judgment and that the same H. from his possession of the Mannor and Tenements aforesaid with the appurtenances may be removed And that the said Edward into the possession of the moyety of the same Mannor and Tenements with the appurtenances may be restored so that the moyety of the same to the said Edward according to the extent aforesaid may be delivered c. ANd the said Humphery reserving to himself all and every advantatages and exceptions Speciall imparlance aswell to the Writ as to the declaration a-aforesaid prayeth license thereof to imparll untill Oct. S. Mich. and hath it c. the same day is given to the said Edward B. here c. At which day here came aswell the said Edward as the said Humphery by their attornies aforesaid And hereupon the same Edw as before prayeth judgment and that the said H. from his possession of the mannor and Tenements aforesaid with the appurtenances may be removed and that the moyety of the same Mannor and Tenements aforesaid with the appurtenances to the said Edward according to the Extent aforesaid may be delivered c. And the same Humphery nothing in Bar or delay of the judgment aforesaid saith whereby the same Edward remayneth against the same H. therein without defence Therefore it is considered that the same Humphery from the possession of the mannor Tenements aforesaid with the appurtenances be removed c. And that the moyety of the same Mannor and Tenements
said morrow after all Soules An. 35. of the said late Queen abovesaid which day the judgment aforesaid was given was seised in his Demesne as of Fee And that no writ of Scire facias issued out of the Court here directed to the sheriff of Dor. to premonish the same Tenant of the Mannor and Tenements aforesaid of being here so that execution of the judgement aforesaid may be don upon him if it can and this they are ready to verifie whereupon they pray judgment and a Writ of Scire Fac. against the Tenant of the Mannor and the Tenements aforesaid in the same County of Do. at the prosecution of the said I. Awbery and Sarah to be directed to the same sheriff of Dor. to issue out of the court here to premonish the same Tenant of the mannor and Tenements aforesaid which were of the late Earle of Darb. of being here to answer of and upon the premisses The same Earle of Bridgwater and Francis pray that a Writ of Scire Fac. may issue out of the Court here to premonish the same Tenant of the Mannor and Tenemants aforesaid in the County of Do. being here c. To shew in Form aforesaid c. ANd the same Iohn and Sarah that they by any thing before alleadged from having their execution aforesaid against the said Earle of B. and F. for the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances whereof the same Earle and Francis are above retorned Tenants Replication and Travers without that that the Debtor was seised in fee of those lands at the time of the judgment ought not to be hindred because they say that long before the judgment aforesaid given in Form as aforesaid the said Edward late Earle of Derb. was seised of the said mannor of Sturmister Marshalls and Tenements in Fee and being so thereof seised and afterwards and before the judgment aforesaid to wit 12. Aprill An. 3. and 4. Ph. and Mary of the same mannor and Tenements infeoffed W. M. and I. E in Fee to the uses of H. S. Seignior Strange and Margaret for their Lives and the life of every of them and after their deaths to the use of the heires of the said H. of the body of the said M. begotten or to be begotten and for default of such heires males to the use of Edward Earle of Derb. and the heires of his body lawfully begotten and for default of such issue to those of the right heires of the said Edward Earle of Derb. a tout jours and shew that the said Henry and Margaret had issue the aforesaid Fardinand Earle of Darbey and died seised c. by which the said Fardinand entred and was seised in speciall Taile to wit c. And being so thereof seised the judgment aforesaid upon the said writ of Scire facias above specified was had against the same Fardinand then seised of the said Mannor and Tenements aforesaid with the appurtenances in his demesnes of Fee to wit to him and his heires males of his body lawfully proceeding And the same Fardinand being so thereof seised the same Fardinand after the judgment aforesaid given at Brackly aforesaid died of such his estate thereof seised without heire Male of his body lawfully proceeding without this that the said Fardinand late Earle of Derb. at the same Cr. Anim. An. 35. abovesaid was seised of the said Mannor of S. M. to the Tenements aforesaid with the appurtenances in S. M. in his demesnes of Fee as the same Earle of Bridgwater and Francis have before alleadged Travers and this they are ready to veryfie whereupon they pray judgment and their execution aforesaid against the same Earle of Bridgwater and Fr. of the Debt and Damages aforesaid of the tenements aforesaid with the appurtenances whereof the same Earle and Francis are above returned Tenants to them to be adjudged c. issue upon the Travers Issue upon the Travers and a ven fac awarded to the sheriff of Do. of the neighbourhood of Sturnister Marshall quaere if it ought not to have beene of the Mannor c. P 20. J. Rot. 2075. Buk ss Whereas Samuel Cowper and Iohn Sanders executors of the Testament of Antony Cowper Gent Entry of a Sci. Fac. against â—eâ—tâ—enants of lands c. tempore judiciireddit And divers tenants of divers lands a e retorned who came not and a writ of Elegit is awarded of the moyety of the lands whereof they were retorned tenants H 39. Eliz. rot 2336. lately in the Court of the Lord the King now to wit in Trinity Term An. 19. before Henry Horbert Knight and Baronet and his associates then Justices of the said Lord the King of the common Bench here to wit at We. by the consideration of the same Court had recovered against Ric. Gosnold late c. otherwise called R. G. of c aswell a certaine Debt of 40 l. as 60 l. which to the same S. and I. in the same Court of the King here were adjudged for their Damages which they had c. whereof he is convicted As by the Record c Execution neverthelesse c. And the same Richard is dead as by the information of the said Samuel and Iohn the King understandeth and because c. that by honest c. he should make knowne to the Tenants of the lands and Tenements in your Bayliwick whereof the same Richard was seised in his demesne as of Fee in Cr. S. Trin. last past on which day judgment aforesaid was given or at any time afterwards that they should be here at this day to wit Quinq Pas to shew if any thing c. wherefore the same Samuel and Io. Execution against them for the Debt and Damages aforesaid of the Lands and Tenements aforesaid ought not to have according to the Form of the recovery aforesaid if c. And now here at this day came the same S and I. by Iohn Andrews their attorney and offered themselves the fourth day against the Tenants of the Lands and Tenements which were of the said Richard at the time of the judgment aforesaid given or at any time afterwards in the same plea Scire fac to severall ter-tenants of divers lands and tenements 2. of whom make default And they being solemnly called came not and the sheriff to wit Iohn Denham Knight now retorneth that by G. B. and G. G. honest c. he make knowne to Eliz. G. widow Tenant of one capitall Messuage c. in Becconfeild aforesaid c. and also to one R. G. Gent. an other Tenant of one capitall Messuage or Farm c. And to Susanu G. and T. G. Tenants of one Messuage c. and to Thomas G. Gent. Tenant of one Messuage or Inn c. And also to one Ia. Necton Esq Tenant of one Messuage c. which were of the said Rich. Goswold in Fee-simple at the time of the judgment given and afterwards And hereupon the same Sam. and Io.
die in sancti Martini in 15 dies to shew if any thing c. wherefore he so many cattell to wit three Geldings four Oxen five Cowes seventy sheep and one Calfe or the price of them for the insufficiency of the pledges aforesaid and against the Forme of the statute in this case provided taken to the same Edmund Travers in the name of the return of the cattell aforesaid by him first taken and by the same R. Raye eloyned ought not to be rendred according to the Form of the statute aforesaid if c. At which day here came as well the said Edmund Travers by his Attorney aforesaid as the same R. M. premonished c. by George Bretton his Attorney and hereupon the same Edmund Travers prayeth that the same R. M. the cattell aforesaid to wit as above and the same M. by Henden serjeant in Law demurreth And for cause sheweth that it appeareth not for the said writ of scire facias whether the pledges aforesaid were taken by the same R. M. then sheriff of the said county of Surrey being upon any plaint before the same Sheriff in the County Court of the said County of Surrey by the same R. Ray against the said Edmond Travers before then levied or upon any writ of the said Lord the King De averiis Replegiand issuing out of the Court of Chancery of the said Lord the King as by the statute therein made is provided and also that the plea aforesaid and the proceedings in the same plaint whereupon the pledges aforesaid are supposed to be found do not appear in the same writ of Scire facias as they ought to appear and this he is ready to verifie whereupon for Defect of sufficient writ of Scire facias in this behalfe the same R. M. prayeth judgement and that the said Edmund from having returne of the cattell aforesaid against the said R. M. may be barred c. Harris Serjeant joines in demurrer Note Reader That the Owner of the Originall copy converted this writ in the beginning thereof to wit from of which said taking c. untill at Westminster aforesaid had for defect of which matter the Defendants councill demurred in Law and shewed the causes but the Record is as the originall Scire facias is As also for his own learning and because of the president 21 Ed. 4. fol. 30. Fitzh sci fac 113. 27 H. 6. fol. 7. Ibidem pl. 34. 9 E. 4. fol. 50. were vouched to maintain this Scire facias because it is _____ of the said Lord the King Fest remed and the plaintiff therein shall recover no damages which is for the benefit of the Defendant H 22. Iac. rot 2426. Etntry of a writ of Scire fac in debt for the demandant against a st anger wherby he afer a recovery had against the tenant and before execution sued enters into the third part recovered by writ of dower unde riens avorit The tenant dieth Brownlow Essex ss In was commanded the sheriff whereas Iohn Frith and Agnes his wife lately in the Court of the Lord the King now to wit in Easter Terme An. Regni c. 22. before Henry Hobert Knight and Baronet and his associates then Iustices of the said Lord the King of the Common bench here to wit at Westminster by the consideration of the same Court had recovered their seisin against Samuel Ram of the third part of Tenn acres of wood with the appurtenances in Dagenham as the dower of the said Agnes of the indowment of William Humphery her late husband by our Writ of Dower unde ni chil hat c. As by the record and proceedings therin in the same Court of the King here remayning it manifestly appeareth And the same Samuel is dead and one Mary Ram widow is entred into the third part aforsaid with the appurtenances and holdeth the same against the Form of the recovery aforesaid as by the information of the same Iohn and Agnes the King understandeth and because c. that by honest c. he should make knowne to the said Mary that she should be here at this day to wit in 8. Pur. beatae Mariae to shew if any thing c. wherefore the same Iohn and Agnes An estranger enters into the lands recovered and holds them against the recovers seisin execution of the third part aforesaid with the appurtenances against her ought not to have according to the Forme of the recovery aforesaid if c. And now here at this day came the same Iohn and Agnes by G. P. their attorney and offered themselves the 4. day against the same Mary in the plea aforesaid and she being solemnly called came not and the sheriff to wit Scire fac returned Iudgment that the demandant have execution of the third part by default c. Edward Botler Knight now retorneth that he by vertue of the Writ aforesaid to him directed to Iohn Humfery and Humphery Clark honest c. hath made knowne to the same Mary Ram widow that she should be here at this day to shew in Forme aforesaid c. therefore it is considered that the same I. and A. have seisin and execution against the same Mary of the said third part aforesaid with the appurtenances by default c. H 22. Jac. Rot. 1688. Brownlow Midd. ss The sheriff was commanded whereas Thomas Holt lately in the Court of the Lady Eliz. late Queen of England to wit Entry of a writ of Scire fac upon a judgment in a writ de annuo redditu to have execution de arreragiis incuâ—sis after judgment P 10 H 4 rot 123 rot 224 127 tiel 12 H 7 8 40 E 3 4 11 H 4 34 6 E 6 134 13 2 H 6 9 Pl. 6 23 H 8 fo 5 Br. No cases 28 accord with this Scire fac execution 119. Scire fac 203. in the terme of the holy Trinity in the yeare of the Reigne of the said late Queen 32. before James Dyer Knight and his associats then Justices of the said late Queen of the common Bench at Westminster by the course of the same Court had recovered against Iohn Bradshaw late of Bradshaw in the County of Lanc. Esq otherwise called c. a certaine annuall Rent of 80 s. to the same Tho. and his associets for term of life of the said T. at the severall Feasts of the Nativity of St. Iohn the Baptist and the birth of our Lord by equall portions to be paid yearly as by the Record and proceedings therein in the same Court of the Lord the King now here remayning it manifestly appeareth And 20 l. in arrearages of the yearly rent aforesaid after the judgment aforesaid given for five whole yeares ended at the Feast of S. Iohn the Baptist An. Regni c. 22. to the same Thomas are in arreare and not paid as by the information of the said Thomas the King understandeth And because c. that by honest c. he should
the said writ of Exigent and the said Record from whence the said Writ issued and which ought to warrant that writ in this That in the said Record the said Francis is named F. C. of Lynfield And in the said Writ of Exigi fac he is named F. C. of Lymfeild and so there is variance betweene the Record and Writ aforesaid whereupon he prayeth judgment and that he may be discharged from the utlawry aforesaid Whereupon the writ and record aforesaid being seene and by the Justices here fully understood it sufficiently appeareth to the justices here That the allegation of the said F. in discharge of the utlawry aforesaid is true Therefore it is considered that the said F. be discharged from the utlawry aforesaid And for that occasion shall not de molested or in any thing grieved but goe thereof without day c. M 6. Jac. rot 924. And now here at this day came the said A. by W. K. his Attorney and prayeth the hearing of the writ of Exigi Fac. whereupon the said A. at the suite of the said G. is utlawed Utlary reversed for that the Capias whereupon the Exigent issued was awarded after a yeare and a day without a Sci fac to revive the judgment And it is read unto him in these words James c. which being read and heard the same attorney on the behalfe of the said A. saith That the same A ought not to be charged with the utlawry aforesaid because he saith that the judgment whereupon the same A. was convicted was given in Mich. Term An. Rs. 3. that is say by one yeare three Moneths and more before the proclamation of the said Writ of Capias ad satisf whereof mention is made in the said Writ of Exigent whereupon the said writ of Exigent issued In which case the same G. Execution upon that judgement ought not then to prosecute unlesse he had prosecuted before out of this Court a writ of the Lord the King of Scire Facias to premonish the said A. of being here in Court to shew wherefore the said E. ought not to have execution against him according to the Form of the Recovery if to him it had seemed Expedient And so the said Writ of Capias for execution of the judgment aforesaid in Forme aforesaid prosecuted And the said writ of Exigent thereupon issuing was erroniously prosecuted and for that cause prayeth that the utlawry aforesaid may be adnulled c. whereupon aswell the Record of the judgment aforesaid as the record of the adjudging of the said Writ of Exigi Fac. whereupon the said writ of Capias ad satisfaciendum in the same record recited by the Court here being seen and fully understood It is found that the allegation of the said A. is true Utlary reversed for omission of the word Quinte in the 5. Exact and for that the last County was held upon Sunday Therefore it is considered c. and that the utlawry be reversed M 4. Jac. Rot. 306. Which being read and heard the said A. saith that he ought not to be charged with the utlawry aforesaid because he saith that by the returne aforesaid it doth not appeare That the same A. at the said County of South held at the Castle of Winch. the same eight day of September An. 8. abovesaid was called and so the same A. was not the fift time called as by the law of the Land he ought to have been And also for that the 6. day of October whereupon the last County was held was Sonday in which case according to the Law of this Realme of England the County ought to be held And so the utlavvry aforesaid against the same A. in Forme aforesaid published and had is altogether void And judgement that it be reversed The like reversall in Mich. 44 45. Eliz. rot 1909. Utlary reversed for that the day of the 5 Exact was before the Test of the Exigent T 13. Iac. Rot. 3617. Brownlow Which being read and heard the same Robert saith that he is injured c because he saith that it is vicious to vvit in that that it appeareth That the said first day of March An. Sup. upon vvhich day the said Robert vvas quinto Exactus vvas longe before the issuing forth of the said Writ of Exigent And for that cause and others in the returne aforesaid being prayeth judgment that the utlavvry aforesaid may be reversed c. vvhereupon c. And it vvas reversed c. Int. Smith and Wingham M. 10. Iac Rot. 3398. the like Cook against Tompson Primo Exact held after the return of the Exigent M 10. Iac. Rot. 1708. Brownlow Bradbury adv Allen Exigi Fac. retornable Tres Trin. T. 24. Ia. 8. I. The first County vvas held 7. Feb. 9. Ia And because it appeareth by the returne aforesaid That the first county vvhereat the said E. vvas first called vvas held after the retorne of the said Writ of Exigent and for that cause c. Vtlary reversed for omission of the word Scotie out of the stile of the Writ T 13. Iac Rot. 3527. Brownlow Hearing of the Writ of Exigi fac is prayed vhich being read c. the said Writ is vicious to vvit in this that this vvord Scotiae is omitted in the beginning of the said vvrit And for that cause and others being in the said Writ he prayeth judgment c And the utlavvry is reversed betvveen Walker and Vaughan H 12. Iac. Rot. 2265. Brownlow Utlavvry reversed for not naming the names of the Coroners particularly at the end of the retorne of the Exigent Vtlary reversed for default of the Coroners names and hereupon the same I. prayeth hearing of the return of the vvrit de Exigi Fac And it is read to him in these vvords At my County held c. untill Therefore by the judgment of the Coroners of the county aforesaid he is utlavved vvhich being read and heard onerari non because he saith that in the record aforesaid no mention is made of the name of any Coroner vvho gave judgment upon that Writ or should vvarrant the judgment And for that cause the returne aforesaid is insufficient in lavv in t Lavel and others at the suit of Godolph see Harper fo 19 a by Justice Browne If the sheriff retorne upon the Exigent the quinto Exact et non Compe Ideo ut lagat est It is a good return Although he retorne not the judgment of the Coroners for it is comprised in these words Ideo ipse utlagat est H 12 Jac. rot 1949. Brownlow Utlar Waviar reversed for the same defect Reversall for omitting the Coroners Names which being read c. the same Martha and Anthony say that they are wronged in this behalfe and that the same M of the Waiver aforesaid or the said Anthony with the Outlawry aforesayd ought not by the Law of the Land to be charged because they say that the return aforesaid is vicious and
AN EXACT BOOK OF ENTRIES Of the most Select JUDICIALL VVRITS USED IN THE COMMON-LAW Translated from the Originall Manuscript which was Collected by the Hands of that Eminent CLERK ROBERT MOYLE Esq Late one of the Prothonotaries of the Court of COMMON-BENCH A Work of much Industry as may appeare by the Authors great Paines in quoting of Book-Cases Opinions of Judges number Rolls and many other Requisites for the confirmation of every Entry whereof none have been ever published before Printed now for the use and benefit of all but aimed most especially for such as are most conversant in the Common-Law By J. H. Gent. With a perfect Table in which may be found the Principall matters therein contained LONDON Printed for Robert Crofts at the Crown in Chancery-Lane under Sergeants-Inne 1658. To the READER Courteous Reader KNOVVLEDGE is a thing desirable for it self because it doth enrich the mind of man but then it calls for the most esteem when 't is lodged with such as do employ it for Publick advantage It hath been the happiness of the Studients of the Law in this later Age to receive such aides from the ingenious Communication of those who went before them That the ancient Dust is not onely now wiped off from those old Records and Presidents which lay secured in Scriniis sacris but the Rolls themselves transmitted by Copy into every mans Study and an access hereby provided to them easie and familiar This present Work is a great example both of the diligence and industry of the Author in collecting the severall select formes of Entries of Judiciall Writs used in the Common-Law Though the Work be Posthumous yet it is so just a Translation of the Originall Manuscript that if the Worthy Prothonotary were now surviving he would not be ashamed to own it wherefore thou hast no reason to be ashamed to use it Farewell J. H. AN EXACT Booke of the most select Judiciall WRITS Used in the Common LAW Abatement HILL 39. Eliz. Rot. 506. ss Abatement pleaded to a Sci. fac in debt against an Admistrator for that there were two Administrators who administred and but one of them is named in the Sci. fac A Scire facias in Debt against an Administrator upon a judgement against the Intestate the Administrator appeareth and hereupon the same W. the Administrator sayth that the sayd S. ought not to have execution against him for the debt and damages aforesayd of the goods and chattells aforesayd because he sayth that the sayd Intestate at E. in the County of N. within the Arch-Deanry of N. dyed intestate after whose death and before the day of purchasing of the sayd Writ of Scire facias to wit 5. February Anno c. at L. in the County of N. the Administration of the goods and chattells which were of the sayd E. at the time of his death c. by C.L. Doctor of Lawes c. was committed to one M. Relict of the sayd T. and to the sayd W. Which sayd M. and W. adminâ—stred all the goods and chattells which were of the sayd T. at the time of his death as Administrators of those goods and chattells by virtue of the Administration aforesayd to wit at G. which sayd M. is yet surviving and in full life to wit at G. aforesayd And this he is ready to verifie whereupon for that the same M. is not named in the sayd Writ of Scire facias the same W. prayeth Judgement of that Writ c. Admission Admission to a fine after commitment to the Fleet upon a Cepi corpus returned upon a Capias pro fine for the King tam pro fine as for the execution at the suit of the party Satisfaction given to the party Admitted for six shillings eight pence paid into the hands of one of the Prothonotaries Audia elongat returned in a retorn habend the defendant appears and pleads non cul and afterwards the plaintiff prayes to be admitted to his fine and gives security and the Justices assâ—sse the fine T 12. H. 8. Rot. 159 Afterwards to wit the fourth day of July Anno c. came here into the Court the Defendant in his own person by the Sheriffs of London by virtue of a Writ of the sayd Lord the King De capias pro fine of the sayd Lord the King taken and by occasion as well of the sayd Fine as by occasion of the execution of the Judgement aforesayd at the prayer of the Plaintiff was committed to the prison of the Lord the King of the Fleet sayth that hee is ready here in Court to satisfie the Plaintiff of his damages aforesayd and brought the mony here into the Court which sayd mony the sayd Plaintiff here in Court doth receive of the same Defendant Therefore the sayd Defendant be quiet for the sayd Damages and hereupon the same Defendant prayeth to be admitted to a Fine with the Lord the King to be made by occasion of the premisses and he is admitted c. for six shillings and eight pence which the sayd Defendant in the Court of the King here by the command of the Justices here payd to John Jenour one of the Prothoâ—otaries of the Court here for divers reparations to be made here in Court and the sayd Defendant go thereof without day c. P 4. H. 8. Rot. 159. ss It was commanded the Sheriff whereas T. I. in the Court of the King here had been summoned to answer T.R. of a plea wherefore he had taken the Cattell of the same R. C. and had unjustly detained them against Sureties and Pledges the same T. R. in the same Court of the King here had made default for which it was considered in the sayd Court of the King here that the sayd T. I. should go therefore without day c. And that the sayd T.R. and his Pledges to prosecute should be in mercy and that the sayd T. I. should have returne of the Cattell aforesayd and the King commanded the sayd Sheriff that without delay he returne to the sayd T. I. the cattell aforesayd and should not redeliver them at the complaint of the sayd T.R. without the Writ of the sayd Lord the King which should make expresse mention of the Judgment aforesayd And in as much c. he should make knowne here at this day to wit 15. Pas And now here at this day commeth the sayd T.R. in his proper person and the Sheriff now returneth that the cattell whereof mention is made in the sayd Writ are eloyned to places to him unknown by the sayd T. R. so that he could not have view of them and therefore hee could not make returne of the sayd Cattell to the sayd T.I. as to him it was commanded whereupon the sayd T.R. as to the eloynment of the Cattell aforesayd saith that he is in no wise thereof guilty As to the contempt not guilty And of this he putteth himself upon the Country c. But that costs labour and expences
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
the premisses And further to do and receive what our Court shall consider of in this behalf then you cause the same Francis to be delivered out of prison upon such baile to prosecute his Attaint aforesaid witnesse our selfe at Westminster the ninth day of November Anno 2. And hereupon here came R. G. Knight and A K Esquire in their proper persons and undertook for the same Francis that he here at the Term in the sayd Writ of Attaint contained and so from day to day at every day of the plea therein untill judgment be given therein should appear and that the same F K. should prosecute his Writ with effect and if it shal happen judgment against him to be given in this behalfe that hee shall render himselfe to the prison of the Lady the Queen of the Fleet there for the occasion aforesayd to stay untill c. to wit each of them under the penalty of 200 l. which each of them acknowledgeth to be levyed of their Lands and Chattles to the use of the said C. If it shall happen the sayd Fr. K. not to prosecute her writ aforesayd with effect or at any day of the Plea aforesaid therein to make default or that judgment therein be given against him shall not render himselfe to the Prison of the Fleet in the same untill hee shall have satisfied the same C. for his damages aforesaid to abide c. And in the meane time the said Fr. is dismissed from the custody aforesaid by bayle aforesaid And also the sayd Ro. and Ant. undertook to wit each of them in 200 l. for the same Fr. that the same Fr. shall render himselfe to the Prison of the Lady the Queen of the Fleet and satisfie the said Lady the Queen of that which belongeth to her if the Attaint aforesaid shall passe against the said Francis Dismissed upon baile or that the same Francis shall not prosecute his writ aforesaid therein And further that the same Francis shall do and receive what the Court of the said Lady the Queen shall consider in their behalfe which said 200 l. both of the Manucaptors aforesaid acknowledged to be levied of their Lands and Chattles aforesaid to the use of the said Ric. If it shall happen the said Fr. K. in any of the premisses to be don do make default towards the Lady the Queen And in the meane time the same Fr. is dismissed from the custody aforesaid by the bayle aforesaid c. Afterwards to wit the 11. day of February then next following came here in to the Court the same Christopher in his proper person and acknowledgeth that he is satisfied of the same 200 l. above to him acknowledged therefore the same Ro. O. and Ant. K. of the said 200 l. to the same C. in forme aforesaid acknowledged are quiet Satisfaction c. Commitment P 23 H. 7. rot 284. James Hobert who followeth for the Lady the Queene came here in Court the 10. Speciall commitment for levying of a Fine in the name of another person which had first refused to a knowled day of May An. 13. Reg. nunc and gave the court here to understand that whereas R. T. others the 4. day of Ianuary An. Regni R. nunc 13. out of the court of Chancery of the Lord the King here to wit at Westminster had prosecuted 4. severall Writs of the said King against Miles Harconet Esq and Ann his wife to the Sheriffe of the county of Oxon. Leci Sussex and Surr. severally directed by which said writs so directed to the Sheriffs aforesaid the King commanded that justly c. they should hold to the said I. T. and R. covenants between them made of the Mannor of E in the county of G. and of the Mannor of D. in the county of Leic. And of the Mannor of P in the county of Sussex and of the Mannor of D. in the county of Surr. whereupon the said Miles and Ann. the third day of February Ao 13. abovesaid before Io. Vavasor one of the Justices of the Lord the King of the Bench the said I. U. then having power to receive the acknowledgment of such Fine between the said Miles and Ann and the same Ro. Io and T. of the Mannors and Tenements aforesayd with the appurtenancus at Shorditch in the county of Midd. the same Miles being examined made his acknowledgment there and the same Ann to make any acknowledgment in the premisses that any Fine from thence afterwards might be levied upon her acknowledgment then and there altogether refused and denyed And afterwards the said Miles and Iohn Mill of London Gent indevouring the sayd Ann malitiously to hurt disinherit and defraud falsely and fradulently stirred up and councelled a strange woman to assert and affirme that she was the wise of the said Miles and shee under the name of the said Ann Wife of the said Miles acknowledged upon the Writs aforesaid that a Fine upon her acknowledgment and the acknowledgment of the said M. as afore is sayd taken and recorded might be made and levied By pretext of which said counsell and exitation to the said Io. Mill the sayd strange Woman under the name of Ann the wife of the sayd Miles afterwards to wit the 8. day of February before the said Io. Vava c. at Bedlam in the Parish c. at the instance and request of the sayd Miles and Io. Mill came in their owne persons And then and there the said strange woman falsly deceitfully and maliciously under the name of Ann wife of the said Miles acknowledged the Mannor and Tenement aforesaid as in the concord with warranty of Miles and his heires against all men to the disinheritance of the sayd Ann and her heires in contempt of the Lord the King now and pernitious example of his Leige People the said Iohn Vavasor then perceiving she the sayd woman not to be the wife of the said M And prayeth that the say Miles Io M. and the said strange woman may be punished to the example of others And prayeth processe may be made against them to be directed to the Sheriff of Midd. to Attach them to answer the said Lord the King of and upon the Premisses And of and upon such things which on the behalfe of the sayd Lord the King shall be then and there objected against them and it is granted to her retornable here upon Wednesday next following At which day here came the said Iohn Mill in his proper person by vertue of the Writ aforesaid taken and brought to the bar And thereupon the sayd Iohn Mill is committed to the Prison of the Lord the King of the Fleet by occasion of the premisses there to stay untill c. M 9. H. 7. rot 295. Attachment was awarded against Pecock to do and receive c. A Commitment for sorging of writ counterfeiting of the Seale and at a day the said I. P. was by the Sheriff brought to the barr
c. And the Kings Attorney informed against him for Forging of Writs and counterfeiting the Seale of the court And Pecock confessed the Forging of Writs but denyed the counterfeiting of the Seale but sayd that the writs were sealed with the Seale of the Kings Bench by the Keeper of that Seale of Fraude c. Ignorantly And he is committed c. Commitment for making of a faigned writ of Supersedeas assevering that he was one of the Judges servants whereas he was not Commitment to the Fleet up on a Cepi corpus upon a Capias velagat with a remittitur into London to answer a plaint there wherewith hee is charged after which the outlawry is discharged and security given in Court to answer the Plaintiffs upon a writ thereupon in debt Commitment to the fleet of one in execution upon a judgment in the Bench. M 8. H. 7 rot 419. the court is informed of a fictitious writ of Supersedias of Privilege for one assevering himselfe to be one of the Judges servants where he was not so And upon examination thereof he is committed to the Fleet And a Fine put upon him to twenty shillings P 19. Eliz. rot 2. ss It was commanded the Sheriffs of London that they should not omit c. but that they should take R. F. of c. Utlawed in London such a day at the suite c. And now here at this day came the same R. to the custody of the said Sheriffe brought here to the Barr And the same Sheriffs to wit A B now returne that they tooke the body c. The said Sheriffs also returned that the sayd R. is detayned in their custody by vertue of a certaine plaint against him the 10 day of May last past levied in the court of the Lady the Qu. before the said A. one of the Sheriffs c. by the name c. At the suit of I. A. and B. his wife in a Plea of Covenant broken whereupon the said R. is committed to the Prison of the Fleet of the Lady the Queen by occasion of the utlawry aforesaid there to stay untill c. And when as the said R. shall be pardoned or otherwise discharged from the Utlawry aforsayd there let him be remitted into the City of London to find sufficient securety in Court here to answer the said I. and B. in the Court here of the plaint aforesaid there levied upon a Writ thereof by them in the court here to be prosecuted c. T 25. Eliz. rot 21.62 ss a Hab. corpus to T. H. in prison c. retornable c. And hereupon came here into the Court one G by B his Attorney prayeth that the said T may be committed to Prison in execution aswell for a certaine debt of 100 s. which c As for 10 s. which c. As it appeareth in Hill terme c. Roll c whereupon that Roll being seen by the Justices here It is demanded of the same T. whether he be the same person which is convicted to the said G. in thed debt and damages aforesaid or not who saith that he is c. Therefore the said T. aswell for those debt and damages as for those occasions in the Schedule aforesaid specified is committed to the Prison of the Fleet safely to be kept to stay there untill c. Commitment of one in execution upon a Sci. fac upon a Judgement H 5. Ia R rot 1757. Isham against Pill untill according to the forme of the recovery aforesaid if c. And here now at this day came aswell the said E by T R his Attorney As the said T. Pill in his proper person under the custody of I. P. warden of the Prison for the prison of the Lord the King of the Fleet by vertue of a writ of the Lord the King of an Hab. Corp. to the said warden directed was brought here to the Barr the Sher. now returneth that the said T Pill bath nothing c. nor is found c. And hereupon the said Eusebius prayeth execution against the said T. of his debr and damages aforesaid to him to be adjudged And the said Tho. Pill saith nothing in Barr or hinderance of the execution of the said E. aforesaid whereby the sayd E remayneth against the sayd Thomas therein without defence Therefore it is considered that the said E. have execution against the said Thomas for the debt and damages aforesayd c. Afterwards to wit the sayd 12. day of February that same Terme came here into the Court the same T. P. in his own proper person under the custody of the sayd warden of the said Prison of the Fleet by vertue of a Writ of the Lord the King of Hab. Corpus to the same Warden directly brought there to the Bar And at the petition of the sayd Attorney of the sayd E. there he is committed to the prison of the Fleet in execution for the debt and damages aforesayd there to stay untill c. M. 37. H. 6. Rot. 124. A Committitur entred of one committed to the Fleet for rasure of a Record in the Common Bench being convicted by his owne confession and afterwards was admitted to a fyne by pledg I. D. and afterwards set at liberty T 27. Eliz. Rot 12. London ss Entry of a Hab. Corpus at a day certaine and the causes certified and he was committed by the judgment Roll without any proces sued of Execution c. And now here at the sayd Thursday the sayd Prisoner in his proper person by the Sheriffs aforesayd brought here to the Bar And hereupon came here in Court W. O. attorny of B and sayth that he to wit in Easter Terme last past recovered here in Court against the sayd W. O. aswell a certine debt of 100 l. as 10 l. which c. whereof he is convicted as it appeareth in Easter Terme Roll. And prayeth that the said W. be committed to the Prison of the Fleet for that occasion Entry of a commitment of a Prothonotaries clerk and of a sheriffs clerk for rasing of a writ of execution in the test return for arresting of the defendant with the same writ before it was new Sealed T. 15 H. 9. rot 112 commit of an attorny for alting a counter-plea of the voucher H. 6. I rot 1002. entry of a Commitment of one P. to the fleet for rasure of a fine and a fine imposed upon him by the Court. H. 16. Eliz. rot 956. Grevills case examinaiion of fraud in the defendatns attorney for suffering a judgment the judgment is vacated and especiall entrey of a judgment New books of entries to 344. title Hab. corpus 1. Harisons case Dyer folio 149. The party in execution suggesteth to the court that the case issued out of the court in Easter termâ— retornable tres Trin. and that he was not found and that afterwards it was rased in the Test and retorn not sealed again that he was taken in
the same S to amend the said writ in the test and retorne of the same which said Sebastian rased the said writ in the test and retorne of the same And put in the said writ le test 11. die Julii and retorne of the same writ A. die S. Mich. in tres Septim And immediatly after the amendment of the said writ so made the same I F delivered to the said W. Y. that writ so rased and amended but not new sealed and the same I F being asked by the Court here wherefore he caused not that writ to be new sealed said that he knew not whether that said writ ought to be new sealed or not And further the said I. F. said that by vertue of the said writ the same H. M. then being under-Sheriff of the said county of Midd. at the request of the said I. F. in the name of the said executors made made a certaine warrant to take the same T. T. for the debt and damages aforesaid And that the said T. T. by vertue of that warrant was taken in the said County of Midd. and afterwards brought to the dwelling house of L. D. scituate in London there one of the Sheriffs of the same County of Midd. And also the said Sebastian having taken his corporall oath was likewise by the Court here conferred with and examined whether he rased and altered les Testes and retorns of the said writ as aforesaid at the request of the said I. H or not or whether he made any continuance of the same writ in any record or rolle of plea thereof in the same court here remaining or not said that he at the request of the said I. Clerk of the said R. L. his Master rased and altered the said writ in the les Test and retorne of the same as is aforesaid And that he made not any continuance thereof any record or Roll in the Court here here of remaining whereof the roll of the entries of Pleas of Hillary term last past in which term judgment to have execution for the debt and damages aforesaid was entred being brought here into the Court it evidently appeareth and the Court here by the inspection of the said Justices in the roll of Pleas number 941. the said writ had day of continuance from the said tribus Septi S. Trinitatis untill the said tres Septi S. Michi then next following And being by the court there asked who made that continuance und when the same continuance was made it is given to the Court here furrher to understand that one H. S. one of the Clerks of the said R. L. had made it which said I. S present here in court after he had taken his oath being conferred with and by the court here fully thereupon examined said that he the first day of that Terme of S. Michael at the request of the said I made the continuance for that he is one of the Clerks of the said K. L. attending in the Office and entred the Plea thereof in the same Roll 940. And the same W Y. being likewise present here in court and having likewise taken his oath by the same court being examined of and upon the premisses said that he in the beginning of the Term of the holy Trinity last past received by the hands of the said I. H. the writ aforesaid then sealed and long after the end of the terme of the holy Trinity the same I F came to him desiring him the same W to make a certaine warrant upon the same writ to takâ— the same T. T. to which said I. F the said W then said that the day of the return of the said writ was then past And further the said I. H. that he should cause any of the Clerks of the said K. L. to amend the test and the retorne of the said Writ And that the same W. afterwards received from the said I. H. the writ aforesaid in Form aforesaid rased and amended but not new sealed And that the same T. T. by vertue of that writ and by vertue of a certaine warrant upon the said writ as aforesaid made was taken and arrested And further the said W. said that the next day betimes in the morning to wit about 4. a clock before noone of the same day by the command of Humphry Moseley his Master came to the house of W. Forrest scituate in Fleetstreet London in whose custody the seale of the Lady the Queen deputed to seal Writs in the Bench aforesaid remained and caused the said Writ to be so sealed Fee for the common Seale in the Bench seven pence and paid for the sealing of the said Writ seven pence to the said W. F. And afterwards to wit the same day the said W. Y. that writ so newly rased and then newly sealed delivered to the said H.M. his Master which said H.M. being likewise present here in Court having taken his oath and by the same Court here being examined of and upon the premisses said that he at the time of the taking and arresting of the said T.T. knew no otherwise but that the writ so rased Commitment of the offendors to the Fleet. was sealed of new but as soon as the same H had understood that the same writ after the alteration of the same was not sealed of new said to the said W.Y. his Clerk that he should cause the same writ to be sealed And thereupon the same W. Y. caused the same VVrit to be sealed the same H further said that hee having the writ aforesaid sealed of new at W in the County of M that Writ to the same T. T. then and there being under the custody of the same H shewed and read it The plaintiffs examined in ihe Court whether they were consenting to the alteration or not The Plaintiffs pray that the Defendant may ce committed in Execution by force of the Writ or of the record of the Judgement in Court if it may be by the Law af the Land and the same T. by vertue of that writ to one P. delivered to be safely kept in the prison of the said Lady the Queen for the debt and damages aforesaid and hereupon the same I F S T and W Y present here in Court by occasion of the premisses are committed to the prison of the said Lady the Queen of the Fleet there to abide untill c. Afterwards to wit the third day of November then next following the said then Sheriff of Middlesex came here to the bar and brought the Writ aforesaid together with the body of the same T T under the custody of the said Sheriff being by vertue of the Writ aforesaid detained and the same Sheriff prayeth that the Writ aforesaid here in Court may be filed c. and that he from the custody of the same T T may be discharged c. whereupon the same Executors the same third day of November by the command of the Justices being present here in
Court having taken their oath were examined by the said Court here whether they were conscious or consenting to the rasure and alteration of the said Writ and to the taking and arrest aforesaid who sayd that not and the same Executors being conferred with by the Court here that they would have done against the said T T in this behalf or require who say that if the said T T by vertue of the Writ aforesaid here shewed in Court or by vertue of the judgment aforesaid against the same T here remaining upon record and to the Justices here in Court shewed The Justices will advise ought to remain in execution for the debt and damages aforesaid by the Law of the Land then the same Executors prayeth Execution against the same T T and that he may be committed to the prison of the Fleet for the said debt and damages and hereupon it is said to the said Executors by the Justices here that the same Justices wil advise themselves at another day therein for that not as yet c. And aftrwards to wit the fourteenth day of November then next following all which premisses aforesaid with their circumstances The writ is received and filed and the Defendant at the prayer of the plain iffs is committed in execution The Delinquents come to the Barr and pray to be discharged and are discharged One makes a fine before he be discharged Admitted to his fine at a hundred shillings by pledges The Sheriffs are fined at ten l. The Prothonotary of the Bench payes the fine by him received of the party for a misdemeanour to the barons of the Exchequer by the commandement of the Justices of the Bench. by the same Justices here being fully examined seen and understood upon great diligent advisement and consultation by the Court here in that behalf before had the Writ aforesaid by the Court here is received and filed and the same T T at the petition of the said Executors for the debt and damaâ—es aforesaid by the same Court here is committed to the prison aforesaid there to remain untill c. And afterwards to wit the sixteenth day of November then next following came the same I F. S T and W Y in their proper persons brought here to the barr by the Keeper of the prison aforesaid and pray that they may be delivered from the prison aforesaid c. Whereupon the same S. F. and W. by the Court here by occasion of the premisses out of the prison aforesaid are discharged and set at liberty and it is said to the Court here that the same I F that he should make a Fine with the said Lady the Queen by occasion of the premisses before he should be delivered out of the prison aforesaid and hereupon the same I prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the premisses and is admitted at a hundred shillings by pledge therefore the same I go therein quiet c. And that he should be delivered and discharged from prison to go at large c. And afterwards to wit the same sixteenth day of November came here into Court the said W. and E. I. late Sheriff of the County of Middlesex in their proper persons and pray themselves to be admitted to make a fine with the said Lady the Queen by occasion of the premisses and are admitted for ten pounds paid into the Court here by the hands of the said H. M. late under-sheriff of the said late Sheriff to the said R. L. to the use of the said Lady the Queen which said ten pounds the same R. L. the eight and twentieth day of November then next following by the command of the Justices aforesaid before the Barons of the said Lady the Queen of her Exchequer in full Court there brought and by the command of the same Barons paid it to one I. H. to the use of the said Lady the Queen therefore as well the said I. D. as the same E. I. and the said Humphry M. as the said Richard Love of the said ten pounds are quiet c. Entry of a Habeas corpus and commitment of a prisoner to the Fleet in execution in the Terme time at the cheif Iustice his chamber the writ bore teste 4 July 1â— Jac. And note that the Term ended 5 July 18 Jac. and the party was committed to the Fleet in the Term from the Judges Chamber in Serjeants Inn in the afternoon and the Iudge delivered the Commitment to be inrolled the next day being the last day of the term T 18 Jac rot 3060 Brownlow London ss It was commanded the Sheriffs of London that they should have the body of Leonard Bawtry Serjeant at Law by whatsoever name reputed in the prison of the Lord the King under the custody of the same Sheriffs together with the day and cause of his taking and detaining before H H Knight and Baronet cheif Justice of the said Lord the King of the Common Bench at his chamber scituate in Serjeants Inn in F street L T. 17. Jac. rot 3094. 3279. 3270. 2871. 2000. 2170 T 24 Eliz. rot 2142. the like immediatly after the receiving of this Writ that the same Cheif Justice seeing the cause aforesaid may do in that behalfe what of right according to the Law and Custome of the Realm of the Lord the King of England and the liberties and priviedges thereof ought to be done and that they should have then there that Writ afterwards to wit the fifth day of July Anno Reg. c. 18. immediatly after the receiving of the said Writ before the same cheif Justice at his chamber aforesaid came the same Leonard in his proper person under the custody of R. D. and I. C. Sheriffs of the City aforesaid and the same Sheriffs to the said cheife Justice then and there returned that the execution of the said Writ did appear in a certain Schedule annexed to the said Writ the Tenor of which said Schedule followeth in these words London ss We R.D. and I. C Sheriffs of the City of London do certifie to H. H. Knight and Baronet Cheif Justce c. that before the comming of the said Writ annexed to the Schedule to wit Return of the causes by the Sheriffs the fourth day of July Anno c. 18. Leornard B. Serjeant at Law in the same writ named was taken in the City aforesaid and kept in the prison of the said Lord the King under the custody of us the said Sheriffs by virtue of a Writ of the said Lord the King directed the Tenor whereof followeth in these words James c. To the Sheriffs of London greeting Attach Leonard B. one of the Serjeants at Law otherwise called L. B. of Boston in the County of Lincolne Serjeant at Law otherwise called L. B. De Boston in Com. Lincoln ob ad legem so that you may have him before our Iustices at Westminster on wednesday next
proper goods and chattles And also to hold the moyety of the lands and Tenements aforesaid as her free Tenements to her and her assignes according to the forme of the statute aforesaid untill he had levyed the debt and damages aforesaid thereof of all which goods and chattles besids the Oxen and necessaries of his Plough And likewise the moyety of all the lands and Tenements of the said Rob. in your bayliwick whereof the same Rob. the 6. day of November An. c. 17. which day iudgment there in was given or at any time afterwards was seised without delay he should deliver by a resonable price and extent to hold to her the goods and chattles aforesaid as her proper goods and chattles and also to hold the moyety aforesaid as her freehold to her and her assignes according to the Forme of the statute aforesaid untill the debt and damages aforesaid were levied thereof And in asmuch as he had executed that command he should make appeare The Sheriff returneth that the Defendant such a day was possessed of divers goods to the value of 6 l. which he delivered to the Plaintiff at the same value in part of satisfaction of the debt and damages Note that in an Elegit the goods ought to be appraised by the Jurors and to be returned by the Inquisition with the Lands c. 1 Mar Dyer f. 100. Pl. 71. accord And further the Sheriff returneth an Inquisition wherein it was found that the Defendant at the day of taking of such Inquisition was seised of divers lands in fee to the value of 22 l. by the year besides reprises the moyety whereof he delivered to the Plaintiff to hold according to the Statute untill he had levied the residue of the said debt and damages there to wit at Westminster aforesaid upon the Thursday next after the morrow of St. Martin And that he should have then here that writ c. And now here at this day to wit the same Thursday next after the same morrow of S. Martin came the same Prudence by T. T. her attorny and the sheriff of the same county of Derb. to wit Iohn Milward Esq now here retorneth a certaine Inquisition before him at Chesterfeild in the said county of Derb. the 6. day of Octob. last by the oath of 12. c. taken whereby it is found that the same Ro. Turner was possessed of 2. Cowes one Mare price 6l as of his proper cattle chattles the same day of the taking of that Inquisition was seised in his demesne as of Fee of and in one Messuage or tenement with the appurtenances in H. in the county aforesaid wherein the same Rob. then lived And of and in one close of arrable land there whereupon the messuage aforesaid standeth one other close called G. S. one other close called M. S. c. as in the inquisition Value of the land found besides the reprises All and singular which messuages are worth by the yeare in all issues besides reprises 22. And and that of the same Sheriff the same day of taking the inquisition aforesaid delivered to the said Prudence the cattell aforesaid at the price aforesaid to hold to the same P as her proper cattel and chattles in part of satisfaction of the debt and damages aforesaid and that the said 5. closes late purchased of A.F. the said cloase caled W. Carrmeadow with the grove in the same and the said close called Wellflat The Sheriff draws the moyety out of the Tenements are the true equall moyety of all and singular the lands and Tenements aforesaid which said moyety the aforesaid sheriff of the said county of Derby the same day of the taking of the Inquisition aforesaid made to be delivered to the said Prudence Moyle to hold the same P. as her Free Tenement to her and her assignes according to the Forme of the statute aforesaid Delivery of the moyety untill the residue of the debt damages aforesaid were levied thereof and further by the Inquisition aforesaid it is found that the said R. Turner neither the day of the judgment aforsaid given to wit 6. Nov. An. 17. abovesaid nor at any time afterwards untill then nor at the day of taking the inquisition aforesaid had any other or more lands or Tenements nor any other goods or chattles in his bayliwick to the knowledg of the Jury of that Inquisition which hee could extend or appaise or deliver to the said P. Moyle The Defendant hath no more lands or goods as by the same writ it was commanded him c. M 20. Iac. Rot 3371 Entry of a Writ of Elegit against a Clerk whereupon the Sheriff returned that he is a Clerk and beneficed at Hab non hab laicum foeod And a Writ awarded to extend the goods and lands ecclesiasticall T. 21. H. 6. rot 326. Sequest spec is entred upon the Distring Ex. ad hab Clra. c. spec intr upon the sequestration for issue Brownlow Suff. ss The sheriff was commanded whereas Antony Hobard Esq lately in the court of the Lord the King now to wit at Westminster by the consideration of the same Court had recorded against Thomas Barker late of Holton in the county aforesaid Clerk aswell a certaine debt of 80 l. as 48 s. which to the same Antony in the Court of the king here were adjudged for his damages which he had by occasion of the detayning of the said debt whereof he is convicted the same Antony afterwards came here into the Court of the Lord the King here and by the statute therein provided chose to be delivered to him all the goods and chattles c. As in the writ before untill and in as much as he shall have executed our command aforesaid he should make appeare here at this day to wit 15. Trinit that he should then have here that writ c. and nowhere at this day came the same Antony by E. H. his attorny and the sheriffe to wit W. Whittle Esq now retorneth that the same Thomas Barker is a Clerk and beneficed at H. in the county aforesaid in the dioces of M. having no lay Fee in his bayliwick Therefore it is commanded to the Reverend Father in Christ Samuell by divine permission Bishop of Norwich that all and singular the goods and chattles Eclesiasticall lands and tenements of the same Thomas in the dioces of the same Bishop he should deliver to the said Antony by a reasonable price and extent to hold the goods and chattells aforesaid Note that in T. 13 Ia. upon the motion of Richardson Serjeant the Court then agreed that he should not have an Elegit to the Bpp. but a Fire Facias de bonis ecclesiasticis and thereupon a fiieri fac de bonis ecclesiasticis was made in that case as his proper goods and chattells and also the Lands and Tenements aforesaid as his Free tenement to him and his assignes according to
the Form of the statute aforesaid untill he shall have levyed the debt and damages aforesaid And in as much as that command shall be executed he shall make appeare here in Cr. Anim. by the letters of the same Bishop sealed c. T 18. Iac. Rot. 3057. Brownlow Essex ss Whereas Iohn Hill lately in our court before our Justices at Westminster by the consideration of the same court had recovered against Mary Wroth late of London widdow otherwise called M. W. c aswell a certaine debt of 400 l. as 80 s. which c. whereof she is convicted the said Iohn afterwards came into our said court and by the statute c. chose to be delivered to him all the goods and chattles of the said Mary besides Oxon and cattle of her plough and likewise the moyety of all her lands and tenements of which the same Mary in Crastino S. Trin. last past upon which day the judgment aforesaid was given against her or at any time afterwards was seised without delay Entry of an Elegit after an elegit he should cause to be delivered to the same Iohn by reasonble price and extent to hold to him the goods and chattles aforesaid as his proper goods and chatties and also to hold to him the moyety aforesaid as his free tenement to him and his assignes according to the form of the statute aforesaid untill the debt damages should be levied thereof and in asmuch c. he should make appeare to our Justices here at Westminster in Cr. Pur. S. Mariae last past And you at that day returned to our Justices at Westminster a certaine Inquisition taken before you at S. L. in your county the 12. day of Dec. last past by the oath of 12. c. taken by which it is found that the same Mary at the said Cr S. Trinitat and after that day was seised in her demesnes of Fee tenant for terme of life of and in the Mannor and cheife mesuage of L. al. L. with all their right members and appurtenances c. And further that the same Mary at the said day of the judgment aforesaid given or at any time afterwards had any other goods or chattells or any other or more Mannors lands tenements in your County which to the knowledg of the Jurors of the Inquisition aforesaid could be extended or appraised you further retorned to our Justices at the same day that none came to you on the behalf of the said Iohn to pray deliverance to be made to him of the moyety of the mannor and Tenements aforesaid by the inquisition aforesaid found so that to further execution of the said writ you could not proceed whereupon the same Iohn came into our said Court saying that the same Mary a the time of the judgment aforesaid given and afterwards had divers lands and Tenements in your County to the value of 40 l besides the Mannor and Tenements in the inquisition aforesaid specified and also was possessed of divers goods and chattles to the value of 100 l. which you could have extended and apprised and delivered to the same Iohn And therefore wee command you as more times we have commanded you that all the goods and Chattles of the same Mary besides Oxon c. And likewise the moyety c. besids the same mannor and Tenements in the Inquisition aforesaid specified of which the same Ma. at the time of the judgment aforesaid given or at any time afterwards was seised possessed of and also the moyety of the Mannors and Tenements in the inquisiton aforesaid specified you cause to be delivered to the said Iohn by reasonable price and extent to hold as his Free tenement to him and his assignes according to the form of the statute c. untill the debt and damages be thereof levyed And in asmuch as you shall have executed this our command you make appeare c. SVff ss Whereas E. T. and Mary his wife in our Court before our Justices at Westminster by the consideration of the same Court had recoverd against Iohn Addams 20 l. for the value of the dower of the same Mary of one messuage and one Garden with the appurtenances in Bury S. Ed. from the time of the death of R. Cage her late husband Entry of an Elegit for the value in Dower As for theire damage which they had by occasion of the detayning of the said dower whereof he is convicted And the same Io. and Mary afterwards came in to our said Court and by the statute therein provided chose to be delivered to them c. As in others to hold to them and their assignes according to the Forme of the statute aforesaid untill the said 20 l. for the value and damages aforesaid shall be thereof levyed c. in asmuch c. he should make appeare here Men. Pas c. P 29. or 30. Eliz. Rot. 651. Tender of the body in execution in discharge of the Manucaptors London ss Be it remembred that the third day of May that same terme came here into the court M. F. in this own person And offered his body in execution upon the judgment for damges cost and charges which W. F. in the Queens Court here recovered against him as in a certaine action of trespasse upon the case according to the Form of a certaine Recognizance here by the same M. and certaine Henry Lues of the Parish c. Butcher and Giles Holden of the Parish c. haberdasher in Mich. term Ann. Reg. Regin 27 and 28. acknowledged for in discharge of his Manucaptors aforesaid c. And hereupon William Knight attorney of the said W. F. by the court here conferred with if he would commit the body of the said M. in execution for the debt and damages aforesaid to the prison of the Fleet there to stay upon that occasion or not said that not Therefore aswell the said Manucaptors as the said M. from the Recognizance aforesaid and summes of money contayned in the same Recognizance by the Court here are discharged c. Tender of the body in execution after judgment had against the principall in discharge of his â—ureties M 9. Jac Rot 2739. H 10. J. Rot 3241. H. 22. J Rot. 2429 Errour brought T 20. Eliz. Rot. 125. Between Younger and Tompson Afterwards to wit such a day An. c. came here into the Court W. T. in his proper person and aswell for his owne proper indemnity as of his suerties aforesaid prayeth that he by the court here may be committed to the prison of the Lady the Queen of the Fleet by occasion of the judgment aforesaid there to stay untill c. And L. and T. Manucaptors of the said W of their Manucaptions and acknowledgment in this behalf made by the court here are fully discharged c. And afterwards Error was entred upon the Roll and the Record sent into the Kings Bench And after the end of the same it is
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.
three aâ—e s given him to do it T 2 Car. Regis Rot. 841. Brownlow Berks. ss John B. Sheriff of the County aforesaid for that he in Easter Terme last past at the severall dayes that same Terme by the Court of the Lord the King here to him given as in the bill of pleas this Terme it doth appear hath not returned to the Court here a certain Writ of the said Lord the King of Habeas Corpus issuing on of the Court here and to the same Sheriff directed and delivered to be executed in form of Law against one I W Esquire at the suit of R. B. Esquire in a plea of Debt of two hundred pounds returnable before the Iustices here Quinque pas last past in mercy c. And he is fined by the said Justices here for the said four defaults at twenty five pounds c. H 43. Eliz. Rot 451. Prisoner in the Fleet brought to the barr by Hab corp at the petition of an estranger a who brought Writ in debt against him and he is demanded by the Justices that he would appeare to the said writ who said he wâ—n duâ—â— therefore processe of Ouâ— lawâ—y is awarded against him ss It was commanded to the Warden of the prison of the Fleet that he should have here at this day to wit upon Satturday next after Octob. S. Hillar the body of W. A. Esquire in the prison of the said Lady the Queen under the custody of the said Warden detained to do and receive what the Court of the Queen here shall consider of him and now here at this day came here into the Court H. T. by A.S. his Attorney and brought here into Court a certain Originall Writ in Debt upon demand of an hundred and twenty pounds directed to the Sheriffs of London and before the Justices of the Lady the Queen here returnable against the said Walter by the name of W A. Esquire of Tomby in the County of Lincolne Esquire and prayeth that the said Walter may appeare to his sayd Writ whereupon by the same Warden of the Prison aforesayd brought here to the bar present in Court in his own proper person being spoken to saith that hee will not appear to the Writ Therefore let processe be made against the sayd Walter upon the Originall Writ aforesaid c. T 25 El. rot 860. G against I.C. like Hab. corp and such an Originall and demand who saith that he is not the same person against whom the said G. brought the said originall writ and that he wil not appear c. Therefore let further processe be made against the said I. C. late of L Gentleman against whom the sayd Originall VVrit was brought upon the said Originall and the sayd I.C. who is now brought to the Barr is sent back to the prison under the custody of the Warden for the occasion that he is therein detained there to remain c. H 13 Jacorot 588. Entry of a Capias ad respodend and thereupon a Non inventus returned and a Habeas Corpus to the Warden of the Fleet is awarded received such a day and then thus and now here at this day came the said Defendant in his proper person under the custody of the Warden aforesaid brought to the Barr who being demanded if he would appear to the said Writ or not sayd that not Therefore let processe of Outlawry be made c. M 5. Jac. rot 2254. Fleet ss Entry of an Habeas corpus of a prisoner committed to be Fleet by the Commissioners in causes Ecclesiasticall and his enlargement without baile It was commanded to the Warden that he should have here to wit at Westminster immediatly after the receit of this Writ the body of Anthony Rooper Knight in the prison aforesayd under his custody detained by whatsoever name he is reputed together with the day and cause of taking and detaining of the said Anthony that the same Justices here viewing the cause may cause to be done what of right and according to the Law and custome of the Realme of the Lord the King of England The like for Langton P. 8. Jac. rot 819. The lik for Melton there rot 1939. The like for Throckmorton T. 8. Jac. rot 1675. But they entred into a Recognizance of a 100 l. iâ— the Bench to appear from day to day P. 9. Jac rot 1510 P 8. Jac. rot 1939. ought to be done And no where at this day to wit on Satturday next after Octab. Martini that same term came the same A in his proper person under the Custody of the same Warden brought here to the Bar and the same Warden then returned that before the coming of the Writ to wit the ninth day of October last past the sayd A.R.M. rendred themselves to the prison aforesaid before committed by vertue of a certaine Warrant dated the thirtieth day of I last past which followeth in these words These are in his Majesties name straightly to charge you by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seal of England to us and others directed That herewith you receive and take into your custody the body of Sir Anthony Rooper Knight and him safely detaine prisoner at this our Commandement untill we shall give you order for his enlargement signifying unto you That the cause of his commitment is for that there being a certain cause referred unto us by his Majesties especiall direction betwixt him the said Sir A.R. and I.B. Vicar of B. for that he detaineth wrongfully from the said Vicar a certain yearly pension due unto him from the said Sir A. R being called before us after ful hearing of the cause in the presence of the said Sir A. R. and of his Councill three or four severall times and at last adjudged by us to pay the said pension he having some time of deliberation given unto him by us to consider therof hath notwithstanding obstinately disobey our said Order and doth so still persist and this shall be your Warrant in that behalfe given at Lambeth this thirtieth day of Iune 1607. And that this was the cause of taking and detaining of the said Anthony in the prison aforesaid the body notwithstanding of the said A he hath now here ready as by the said Writ it was commanded him c. whereupon the premisses being seene and by the Justices here fully examined and understood Judgment by the Court. it seemeth to the said Justices here that the said cause of Commitment of the sayd A. to the prison of the Fleet aforesaid in the Returne aforesaid above specâ—fied to be insufficient in Law to detain him the said A in the prison aforesaid or to deprive the said A from his priviledge of the Court of the Lord the King here therefore the same Anthony is dismissed from the prison aforesaid by the Court here and the same Warden is fully discharged by the Court here of such custody c. T 18 Iac.
sheriff might have answered to the said Lord the King from the day of the receiving of the writ aforesaid untill the said day of the retorne thereof and the Inquisition which c The same Justices make appear here in S Mich. by their letters Sealed c. M 13. Jac. Rot. 2096. Brownlow Wiltes ss It was commandethe Justices of the Lord the King at the assize in the County aforesaid whereas the King had commanded the late sheriff of the county aforesaid as otherwise he had commanded him that he should distrain W. Dutton Knight late sheriff of the county aforesaid his predecessor by all his lands and chattles in his Bayliwick so that neither he nor any one for him put their hands upon them Entrey of a wâ—it to inquire de quantis exitiff c. See the statute Westmi 2.29 which granted this writ Hn. 13. E. 1. untill he shall have an other precept therein from the Lord the King and that he should answer of the issues of them to the said Lord the King so that he should have before the Justices of the said Lord the King there to wit at Westminster in Cr. S. Trinitatis last past the body of R. G. late of c. otherwise called R. G. c. which by the precept of the Lord the King he had lately taken as Fr. Popham Knight late sheriff of the county aforesaid predecessor of the sheriff now otherwise retorned to the Justices of the Lord the King here to wit at Westminster aforesaid to answer to W. Mariat of a plea that he should render unto him 30 l. which c. And to heare his judgment of more defaults c at which day the said now sheriff to the Justices of the said Lord the King now here to wit at Westminster aforesaid T. 18. Rot. 1674. retorneth that the said W. D. was distrained by his Chattells to the value of 66 s. and 8 d. where upon it was test fied in the Court of the King here on the behalf of the said W. M. that the said sheriff of greater issues to wit of 20 l. might have answered that by the oath of honest and lawfull men of the county aforesaid in the presence of the said now sheriff if he will be present they should diligently inquire of what and how many issues of the lands and chattels of the said W. D P. 12. H 6. Rot. 2 a ve fac awarded to the Coroneâ—s to inquire de quantis exitibus besides the said 66 s. 8 d. in his bayliwick the now sheriff could have answered to the Lord the King c. from the day of the receiving of the said Writ untill the same day of the returne of the same And the said Inquisition which c. the said Justices of assize should make appeare here at this day to wit in 8. S. Mich. by their letters sealed and now here at this day came the said W. M. by Tho. P his attorney and the said Justices of assize to wit Laurance Tanfeild Kni. Cheife Baron of the Lord the King of his Exchequer and Henry Mountague one of the Serjeants at law of the said Lord the King assigned to take the assize in the county afaresaid The Justices of assizes â—â—toâ—ne into the bench an â—â—quisition taken by them now retorne here a certaine Inquisition at new Salisbury in the county aforesaid the 19. day of I. last past by vertue of the said writ by the oath of 12. c. taken by which it is found that the said W. D. Kni. late sheriff of the county of the said Cr. S. Tri. last past and long before had divers lands and chattells in the county aforesaid whereof the said now sheriff to wit H. M. from the day of the receiving of the said writ of Distring above mentioned untill the retorne of the same of twenty pounds in issues besides the 66 s. and 8. d. above might have answered to the said Lord the King to wit at L. in the county aforesaid Therefore it is considered that the said H. L. for his concealement in this behalfe in gui Sit. Mia of the Lord the King And that he answer the Lord the King of the said 20 l. whereof he besides the said 66 s. 8 d. of the lands and chattells of the said W. D. as aforesaid could have answered according to the Form of the statute in this case provided c. statute 13. E. 1. Cap. 39. A Wâ—it to enquire of damages awarded de novo where the Sheriff returned that he could not execute the old Writ for that some of the Iurors refused to take their Oath and a Capias awarded against them for contempt Capias awardeâ— P 20. H. 8. Rot. 461. At which day here came the said Plaintiff by his attorney aforesaid and the sheriff to wit W P. Knight now retorneth that he such a day and yeare last past caused to come before him at L. in the County aforesaid A. B. C. D. and others to inquire of and upon the premisses which said C. D. their corporall oath of and upon the premisses to performe or swear altogether refused and denied in manifest contempt of the Lord the King now and the lawes of his Kingdome So that execution of the said Writ he could not then do Therefore as before the sheriff was commanded that by the oath of honest and lawfull men of the county aforesaid he diligently inquire what damages the said plaintiff sustained aswell by occasion of the entry aforesaid as for his costs c. and in as much c. he make appeare here such a day under the seale c. and Seales c. And also it is commanded to the said sheriff that he omit not for any liberty but that he take the said C. and D. if c. and safe c. so that they may have their bodies here at the said Terme to answer unto the Lord the King of the contempt aforesaid c. The same day is given to the said Plaintiff here c. Entry of a Writ of inquiry against an Attorney in Covenant LOndon ss Whereas Hugh Beeston Knight in our Court before our Justices at Westmin exhibited to our said Justices his certain bill against R. G. Gent. one of the attornies c. otherwise called R. G of Cliffords Inn London Gent. in a plea of covenant for that whereas the same Ricard by his certain Writing sealed with his seale and into our Court before our Justices brought made at London in the parish of St. Mary Bow in the ward of Cheape the 29. day of Nov. An. Dom. 1616. whose date is the same day and year acknowledged himself to have his custody two Fether beds 1. Bolster 4. Stooles covered with Scotish worke c. of the proper goods and chattles of the same Hugh Beeston which same Goods and Chattles after the delivery of them to the said Hugh were left in the custody of the said Richard And whereas
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
together and undâ—videdly doe hold 20. Mes 6. mills 20. Gardens 2000. acres of land 500. acres of Meadow 1000. acres of Pasture 2000. acres of wood 2000 acres of Furs and heath and 500. acres of land covered with water with the appurtenances in Balcombe Tuck-feild Slewham Crawley and Porth the same Walter to make partition thereof between them according to the Forme of the statute in such case provided gainsayeth and unjustly permited not the same to be don and against the Form of the statute aforesaid And the same Walter in the Court of the King here well granteth that partition thereof be made by which it was considered in the same Court of the Lord the King here that partition should be made between the parties aforesaid of the Tenements aforesaid with the appurtenances That taking with him 12. Free and lawfull men of the neighborhoods of B. C. S. C. and W. by whom c. he should come in his proper person unto the Tenements aforesaid with the appurtenances and in the presence of the parties aforesaid by the same Sheriffe to be premonished if they will be present the same Tenements with the appurtenance by the oath of honest and lawfull men of his county respect being had to the true value of the same Tenements with the appurtenances he should cause to be parted into two equall parts and one part of the sâ—me Tenements with the appurtenances to the same Edward and the other part of the same Tenements with the appurtenances residue to the same Walter to hold to them in severalty he should cause to be delivered and assigned so that neither the said Edward nor the same Walter may have more of the Tenements aforesaid with the appurtenances then belongeth to them to have and that the said Edward of his purpart to the same Edward out of the tenements aforesaid with the appurtenances hapning And the same Walter of his purpart to the same Walter out of the tenements aforesaid with the appurtenances hapning may severally apportion themselves and that partition by the same sheriff distinctly and openly made he should make appeare here in Oct. S. Mich. under his seale and the seales of them upon whose oath that partition shall be made and that he should have here the names of them upon whose oath he should make that Inquisition and that writ And now here at this day came the same Edward by Robert Moyle his attorney and the sheriff to wit Nicholas Eversfeild Esq now retorneth here a Certaine partition between the parties aforesaid of the tenements aforesaid by the same sheriff before him by vertue of the writ aforesaid and according to the Form of the said writ by the oath of 12 c. made which followeth Sussex ss I. N. E. sheriff of the county aforesaid to the Justices of the Lord the King do certifie by vertue of a writ therein to me directed and to this schedule annexed the seventh day of August An. c. 18. See the new book of Entries title Partition fo 411. such a form took with mee I. F the elder I. F. the younger and ten others twelve Free and lawfull men of the Neighbourhoods of B. C. S. C. and W. in the same writ specified I came in my proper person to the tenements in the same writ specified to wit to 20 Mess 20. Gardens 2000. acres of Land 500 acres of Meadow 1000. acres of pasture 2000. acres of Wood 2000. acres of Furze and heath and 500. acres of Land covered with water in B. C. S. C. and W. in the same writ mentioned And there by their oath respect being had to the true value of the Tenements aforesaid with the appurtenances in the presence of the parties in the same writ named by me the same sheriff premonished the same Tenements into two equall parts with the appurtenances I have made to be parted and one part of the Tenements aforsaid with the appurtenaces to wit one Capitall Messuage or mansion house called T. with the appurtenances c. and so receite the parcells c. I have caused to be delivered and assigned to Edward Culpeper Knight in the same writ named for his purpart of the Tenements aforesaid to hold to the same Edward in severalty by himself as by meets and bounds they are now divided And an other part of the same Tenements with the appurtenances that is to say one Messuage called the glovers house otherwise Gardners farm c. And so receit the other particulars c. 2. Part. I have câ—used to be delivered and assigned to Walter Covert Knight in the same writ likewise named for his purpart of the Tenements aforesaid to hold to the same Walter in severalty by himself as by meets and bounds they are now divided so that the same Edward of his purpart of the same Edward out of the Tenements aforesaid with the appurtenances hapâ—ing And the same Walter of his purpart to the same Walter out of the Tenements aforesaid with the appurtenances in Form aforesaid hapning may severally apportion themselves as by the same writ it was commanded to me in Testimony whereof aswell I the same sheriff as the Jurors aforsaid to this partition have severally put our seales the day and yeare abovesaid Judgment that the paâ—tion be held fâ—â—m amd stable Therefore it is considered that the partition aforesaid be held Firm and Staple for ever Note that at the retorn of this writ of particion Hickham the Kings Serjeant at Law and of councell with the defen Sr. Walter Covert Knight came to the bar and moved that the partition might be quashed and that a new Writ to make partition might issue For that the partition was not Legally made by the sheriff And upon much debate in Court the 4 Judges Hobort Warborton Winch and Hutton ordered Sr. Walter Covert to pay to Sr. Edw. Colpeper 3500 l. for his part wherewith the parties are agreed and Sr. Walter Covert in joyed the lands aforesaid and the writ was not Filed nor the judgment entred but I added it to the partition because of the presedent Plur. Replegiare M 6. 7. Eliz. Rot. 423. Entry of a wrâ— of Plur. replegiare Otherwise as it appeareth in the time of the holy Trinity An. 6. Regin nunc Rot. 621 It is thus contayned Derb ss It was commanded the sheriff that whereas of late the Qu. had more times commanded the said sheriff that instantly and without delay he should make replevy to M. S. widow a certaine oxe which E. T. and W. T. took and unjustly detayned c. Or the sheriff of the County aforesaid should be before the Justices of the said Lady the Queen here to wit at VVestminster in Oct. S. Mich. An. 4 Reg. nunc to shew wherefore he contemned to execute the command of the Lady the Queen so often to him therein directed And the same sheriff to the Justices of the said Lady the Queen here at the day of the retorne that
the whole time aforesaid to be replevied by the sheriffs Ministers of the City aforesaid for the time being by vertue of a plaint in the Court of the sayd Lady the Queen and her progenitors Kings of England held before the Sheriffs of the City aforesaid for the time being levied and not by writ of the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery and also that all the customes of the City aforesaid by Authority of Parliament of the Lord E late King of England after the Conquest at Westminster The Sheriffs are free men of London and held by their oath to observe the customes of the City the fifteenth year of his Reign held were ratified and confirmed to the then Mayor and Comminalty of the same City and their successors which said Liberties and free Customes of the same City they the same sheriffs and freemen of the City aforesaid before the purchasing of the said Originall Writ and alwaies afterwards hitherto being bound by oath have observed and are bound to hold without any violation for which causes the sheriffs aforesaid could not replevy the goods and chattells in the sayd Writ specified or do Execution upon the sayd writ nor can at the present but because it seemeth to the Court here that the Return aforesaid The Returne of the Sheriff vicious in form aforesaid made is as well in contempt and prejudice of the said Lady the Queen now and of her Court and also in Derrogation of her Crown and Dignity and manifest Danger of her Dis-inheriting and also that it giveth way and redoundeth to the immoderat damage and greivance of the same W and Delay of his suit therefore as before the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattells aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed Plur. repleg awarded and in as much c. They make appear here in 8 Sancti Hillarii c. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term to answer as well to the said Lady the Queen as to the same W of and upon the premisses further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalfe and in as much c. The same Coroner cause to appear at the same Term c. Pone Sheriffs returne upon a Pone adjudged void for that he shew edssino the cattell in specie named in the Returne See p. 3 El. Dyer fol. 199. pl. 54. Report of the case 21 E 4 fol. 23. M. 18. H. 6. rot 428. H 2. Eliz. rot 191. It is recorded by the Court here the third day of May in the year of the Raign of the Lady Elizabeth now 3. That the Returne aforesaid is vitious invalid and insufficient in Law for that there are no cattell named in Specie in the Return aforesaid contained for which the same Sheriff by vertue of a Writ of _____ was attached to be here at the said Octab. Pur. c. whereupon no judgement by the Justices then here for any forfeiture to be made to the Lady the Queen upon the Attachment by the Law of the Land ought to be given nor is given as it appeareth above and so the processe and extracts for the price or value of the Cattell aforesaid to be forfeited without Judgement and consent of the Court here by the Officers of the same Court without Warrant was made c. Quaere if not between Netherfall and Lawrence Priviledge H 45. Eliz. rot 818. Brownlow Lanc. ss At the return of a Capias against a servant of the câ—cife Cleâ—k of the Kings Bench the servant came in person into the Court of Common Beuch delivered to the Justices a writ of supersedias prayed the allowance thereof that they would not hold plea c A writ of priviledge for a servant of the cheif clark of the Kings bench It was commanded the Sherif that he should take John Wood late of Brenset in the county aforesaid Yeoman of c. and safely c. so that hee might have his body here at this day to wit in Octab. Sancti Hillarii to answer to T. L in a plea wherefore with force and arms one Messuage ten acres of Land with the Appurtenances in B. which Margeret Erlington widdow to the same T. devised for a Terme which is not past entred and him from his Farme aforesaid ejected and other Enormities c. To the great Damage c. and against the peace c. And now here at this day came as well the same T. by I. P. his Attorney as the same John Wood in his proper person and hereupon the same J W. brought here into the Court a certain Writ of the sayd Lady the Queen of Supersedeas in the cause aforesaid closed to them directed The Tenor whereof followeth in these words Elizabeth c. To our Beloved and faithfull Edmund Anderson Knight and his Associates Justices of the same Bench greeting As well of our Dignity as according to the ancient Custome used and approved of in times past hitherto obtained That our cheif Clark of the pleas in our Court before us ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints pleas of Free Tenement only excepted nor by the whole time aforesaid were accustomed And now in our Court here before us on the behalf of John Wood one of the servants of John Rooper Knight our cheif Clarke assigned to Roll pleas in our said Court before us It is given us to understand That one Thomas Lacke little regarding the custome aforesaid the same I W by the name of I. W. late of B. in the County of Kent Yeoman hath drawn into plea of a plea wherefore with force and armes one Messuage c. as above untill against our peace c. to the very great disprofit and greivance of the said I. W and manifest infringement of the Liberties and priviledges aforesaid in our Court before us by the whole time aforesaid hitherto used and approved whereupon we are willing to provide him a fit speedy remedy to observe the Liberties priviledges aforesaid for so long time used infringed We command you that from further holding of the plea aforesaid before you or compelling him the said I. W. further to answer before you in the plea aforesaid ye be altogether superseded saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will Teste Iohn Popham at Westminster the twenty fourth day of January Anno Regni nostri 45. Rooper Which said Writ being read and heard the same Iohn Wood saith That he is and at the day of purchasing of the Writ
of the said T. Lacke was servant of the said Iohn Rooper Knight Cheif Clarke of the said Lady the Queen now assigned to enroll the pleas of the said Lady the Queen before the same Queen and prayeth that the said Writ of Supersedeas according to the Forme of the same Writ to be granted and allowed to him and that the Justices here will not take Cognizance of the plea aforesaid against him c. Counter plea to the writ of priviledge that the Defendant is farmer of the said cheif clark of dives lands c. and traverseth that he is a fervant to him and abiding with him attending in the office Traverse And the said Thomas saith That the Court here for any thing before alledged ought not to be repelled from the having and taking Cognizance of the plea aforesaid because he saith That the said Iohn Wood at the day of the purchasing of the Originall Writ of the same Thomas to wit the same seventeenth day of September Anno c. 44. was Farmer of the same I Rooper Knight of certain Lands of the said I. at B. aforesaid in the said County of Kent without this that the same I W the same day of purchasing of the Originall Writ of the same T. or at any time afterwards was servant of the said I.R. Kinght abiding with the said I. or attending the said I R in his affaires in the Office aforesaid and this he is ready to verifie as the Court shall consider and prayeth the Supersedeas not to be allowed him and that the Court would take further Cogn zance against him c. Demurrer to the counter plea ANd the same Iohn Wood saith That the said Plea of the said T. above pleaded to adnull the said Writ of Supersedeas and also the matter in the same plea contained are insufficient in Law to deprive the same I W. from having the said Writ of supersedeas allowed or that the Court here should take further Cognizance against him in the plea aforesaid and that he to the plea aforesaid in forme aforesaid pleaded hath no need nor by the Law of the Land is held to answer and this hee is ready to verifie Joinder in Demurrer whereupon he prayeth Judgement that the said Writ of supersedeas according to the form of the said Writ may be granted and allowed unto him and that the Justices here would not take further cognizance against him in the plea aforesaid c. And the same T. from whence he sufficient matter in Law to deprive the same I W from having the said Writ of super and that the Court here should take further Cognizance against him of the plea aforesaid hath above alledged which he is ready to verifie which sayd matter the same I. W. doth not gainsay nor any wise answer to the same but doth altogether refuse to admit of the verification thereof prayeth judgement if the said Writ of Supersedeas ought to be granted or allowed unto him and that the Court would take Cognizance against him the said I. W. in the plea aforesaid and because the Iustices c. M. 9 Jac. rot 705. ss A Writ of priviledge allowed for one of the six Clarks of the Chancery The Lord the King sent to his Justices of the Common Bench here his Writ closed in these words James by the Grace of God c. To his Justices of the Bench greeting Whereas the Masters Clarks and Officers of our Court of Chancery and of our progenitors late Kings of Eng and also their servants and familiars whosoever to answer in our Court before you or before any of our Justices or Ministers or other secular Judges whatsoever besides before us in our Chancery aforesaid upon any Writs Causes or Complaints Trespasses Actions or Demands which concern not our person pleas of Freehold Felonyes and Appeales only excepted according to the Jurisdiction Liberties priviledges and Customes of our Chancery aforesaid from the time whereof the memory of man is not to the contrary hitherto obtained ought not to be drawn compelled or imprisoned nor hitherto were wont And now we understand that W. S. Knight doth implead in our Court before you Valentine Saunders Esquire one of the six Clarkes of our Court of Chancery aforesaid for 400 pounds which the same W. doth demand of the said Valentine as it is sayd in Derogation of our Court of Chancery and against the custome aforesaid and because we will inviolably observe the Jurisdiction Liberties priviledges and customes aforesaid We command you that from further holding before you of the plea aforesaid by whatsoever name the same V. be reputed you be altogether superseded declaring to the sayd W. on our behalfe that he follow against the same V. before us in our Chancery aforesaid and no where else If it seeme expedient for him Teste c. 9 November Anno 16. and 45. By pretext of which sayd Writ the Rolls and other Memorables of the Court of the Lord the King here remaining being searched it sufficiently appeareth upon Record that before the same writ of supersedeas was delivered to the said Justices here the same V was put in Exigent in the Hustings of London to be outlawed at the suit of the said VV. in the plea aforesaid which said writ of Exigent before the Justices here is returnable in Octab. S. Hillarii whereupon the same Valentine for his indempnity prayeth a writ of the Lord the King to be directed to the Sheriffs of London to supersede the Execution of the said writ of Exigent so that the same VV. at that day may shew if he can wherefore the same Va the priviledge of the Court Chancery of the said Lord the King according to the forme and effect of the writ aforesaid ought not to have if c. and it is granted to him returnable here at the same Terme c. The same day is given to the said V. here c. H Il. 1. and 2. Eliz. rot 630. The like writ is allowed for a Chancery Clarke H 18 El. rot 602 the like writ is allowed T. 19. El. rot 1213. H. 25. Eliz. rot 2019 A writ of priviledge for a Prothonotaries clarke of the Kings Bench allowed in the Common Bench. P 44 Eliz. rot 1841. The Lord the King c. reciting the writ of priviledge for Richard Swaine Doctor of Lawes one of the Masters of the Chancery Teste Anno 44. and for that the plaintiff alledged nothing in court here wherefore the said writ ought not to be allowed him therefore the plea aforesaid against the same R in the court of the King here shall be no more attempted c. M. 11 H 7 rot 133. T 5 Jac. rot 750 P 18 Jac. rot 1795. for M. P 13. Jac. rot 2192. P 11 Iac. rot 1368. P 36 Eliz. rot 320 P 8 H 7 rot 130. Allowance of a writ of priviledge for T.S. his Clerke one of the servants of our beloved clarke I.B. keeper
Plaintiff and Defendant come by attorny And there upon the same David prayeth execution against the same John for the said 20 l. by him in Form aforesaid acknowedged to be levyed of his lands and Chattles and against the same Bartholomew for the said 20 l. c. and so against the rest severally And the same I. B. W. and H. pray liberty to imparle untill Cr. Tri. and have it c. The same day is given to the same David here c. Execution prayed severally PAsch 9. Jac. Roll 349. Walter Devon ss It was commanded the sheriff because in the record and proceedings Scire facias after a judgment reversed in a writ of false judgment upon a Record in Detinue and also in commencing of a certain plaint which was in the hundred of N. C. Esquire of N. without writ of the Lord the King between I. C. W. H. in a plea of detinue of corne which the same I. C. demanded of the same W. a writ of false judgment was given against him in the said plaint as the King is informed by the grievious complaint of the said William and as by the inspection of the Record proceedings in the cause aforesaid which the said Lord the King now caused to be brought before his Justices at Westminster sufficiently appeareth that false judgment was given against the same William in the plaint aforesaid For which in the Court of the Lord the King now here before his said Justices it was considered that the judgment aforesaid should be revoked nulled and altogether taken for nothing Judgment reversed And that the same William should be restored to all things which he had lost by occasion of the judgment aforesaid Notwithstanding because the said Io. Clerk after the judgment aforesaid in the hundred aforesaid given and by force thereof and pretence of a certaine judiciall precept issuing out of the hundred caused to be don and levyed upon one Cow of the same Willam 39 s. 11 d. for the value of the said Corne to wit for eight bushels of Rye and 12 d to the same Iohn for his costs and charges which he had and sustained by the occasion of the detention of the corne aforesaid in the hundred aforesaid adjudged And thereupon the said Cow was sold by which occasion the said Iohn Clark of the said 39 s. 11 d. for the value of the said corne and of the said 12 d. for his costs and charges aforesaid in the hundred aforesaid by vertue of the judgment aforesaid recovered was and is satisfied as by the relation and information of the said William the Lord the King is informed and understands And because c. that by honest c. he should make knowne to the said I. C. that he should be here at this day to wit Men. Pas to shew if any thing c. Wherefore the Cow aforesaid or the value of the same or the said 10 s and 11 d. in Form aforesaid recovered Scire facias to have restitution ought not to be restored and repayd unto the said William according to the Form and effect of the said judgment in the said Court of the said Lord the King now in Form aforesaid if c. And now here at this day came the same W. H. by R. S. his attorney and offered himselfe the 4 th day against the said I. C. in the plea aforsaid and he being solemnly called came not and the sheriff now retorneth that he hath nothing Alias Sci. fac awarded c. nor is to be found c. Therefore as before it was commanded the sheriff that by honest men c. he shall make known to the said I. C. that he be here in Cr. Trin. to shew in Form aforesaid c. PAas 13. Jac Rot. 774. Brownlow Civit. Covent ss It was commanded the Coroners of the City aforesaid whereas the King had commanded the late sheriff of the City aforesaid that of the lands and chattls of H. L. late of D. in the county of Cest Gent. in their bayliwick they would cause to be made aswell a certaine debt of 150. Scire facias directed to the Coroners and Sheriffs both to levy a certaine debt upon a fi fac and not payed to the party at the returne of the fi fac l. which H S. in the Court of the King here to wit at Westminster recovered against him as 30 s. which to the same H. in the same Court of the King here were adjudged for his damages which he had by occasion of detayning of that debt and that they should have those monies before the Justices here to wit at Westminster 15. Marti last past to render to the said Humphery for his debt and damages aforesaid whereof he is convicted at which day here to wit at Westminster aforesaid came the same H. by G. B. his attorney and the sheriffes to wit T. L. and I. B. then retorned that they by vertue of the said writ to them directed of the Chattles of the said H. have caused to be made 125 l. parcell of the debt and damages aforesaid which said 125 l. here to wit at Westminster aforesaid at that day they have ready notwithstanding the same sheriffs the said 125 l. had not here in Court of the Lord the King at that day nor have satisfied the same Humphry for the said 125 l. as by the information of the said H. to the King was made known and because c. that by honest and c. they should make knowne to the same T. and I that they should be here at this day to wit 15. Pas to shew if any thing c. wherefore the same H execution against them for the said 125 l. by them in Form aforesaid levyed ought not to have c. if c. And now here at this day commeth the said H. by his attorney aforesaid and offered himself the 4 th day against the said T. and I. in the plea aforesaid and they being solemnly called came not and the Coroner to wit W. F. now retorneth that he by vertue of the Writ aforesaid to him directed by F. N. and T. W. honest c. made known to the same T. and I. to be here at this day to shew in Form aforesaid c therefore it is considered that the said H. have execution against the same T. and I. for the same 125l by them in Form aforesaid levyed by default c. LOndon ss Pasch 11. Jac. Rot. 620. The entry of a Sci. fac upon a generall pardon Capias ut lagat Brownlow ss It was commanded the sheriffs that they should not omit for any liberty within their Bayliwick but that they should take H. H late c. otherwise called c. utlawed in London next before the Feast of St. Dunston the Bpp. An. primo c at the suit of G. E. in a plea of debt if c. and him in safty c. so
that they should have his body here at this day to wit 15. Pas to do and receive what the Court of the Lord the King here shall consider of him in that behalf and now here at this day cometh the said Henry by W. C his attorney and sayeth that after the utlawry aforesaid against the said Henry had and published by a certain Act in Parliament of the said Lord the King now by continuance held at Westminster in the county of Midd. the 9 th day of Febru in the seventh yeare of the Lord the King now amongst other things it is inacted established by authory of the same Parliament that all and singular subjects of the said Lord the King aswell spirituall as temporall of this kingdom of England Wales the Islands of I. and G. and the Towne of Barwick the heires successors executors and administrators Pardon pleaded of them and every of them and all and singular corporations in any wise incorporated Cities Borroughs Counties Rideings c. and every of them And the Successor and Successors of them and every of them by the authority of the same Parliament should be acquitted pardoned released and discharged against the said Lord the King his heires and successors and every of them of all Treasons Felonyes offences contempts Trespasses entries injuries deceipts misdemeanors penalties Summes of monies Punnishment by death corporall punishments and pecuniary and generally from all other things causes complâ—ints suits judgments and Executions in the statute aforesaid not excepted nor Foreprised which by the said Lord the King by any meanes or in any other manner could be pardoned before and untill the 9. day of November then last past before the making of the said Act to every or any of his subjects Corporations incorporat Cities Burroughs c. or any of them yet so notwithstanding that every person utlawed shall prosecute his writ of Scire Facias against such party or parties at his or at whose Suit he or they were utlawed before the pardon in such case be allowed to the party utlawed as in the same Act is more fully contayned and the said Henry further saith that the utlawry aforesaid is not excepted nor Foreprised in the same statute Averment that the Utlary is not Averment that he is a Subject and that he is and at the time of the making of the said Act and long before was a subject and leige man of the said Lord the King now born under his obedience to wit at London in the parish c. and this he is ready to verifie where when and how the Court of the Lord the King now shall consider thereof whereupon it is not intended that the said Lord the King will impeach the said Henry by occasion of the utlawry aforesaid whereupon he prayeth judgment that he may be discharged from the said utlawry and because it is expedient and there is a necessity that the same Griffin should be premonished for his interest in this behalfe before the discharging of the same Henry from the utlawry aforesaid be further proceeded in according to the Form of the staute aforesaid The sheriffs are commanded that by honest c. they make knowne to the same G. that he be here in Cr. Ascen Dom. to prosecute against the same Henry his plea aforesaid if c. at which day came the same Henry by his attorney aforesaid and the sheriffs Sci fac awarded Sheriffs returne Sci fac Mercy to wit E. R. and A. P. now retorne that they by vertue of the writ aforesaid to them directed by I. W. and R. G. honest c. made knowne to the same G. of being here to this day to prosecute in Form aforesaid he the fourth day of the plea being solemnly called came not nor any whit further prosecute his said Writ therefore he and his pledges are thereof in mercy let the names of the pledges be inquired of And that the said Henry goe thereof without day Generall Pardon allowed c. and that the generall pardon aforesaid be allowed him c. Count in debt upon a Sci fac upon the generall pardon PAsch 12. Iac. Rot. Brownelow retorn Mense Pas to follow in Form aforesaid c. and now here at this day to wit Mens Pas came aswell the said William by his attorny aforesaid as the said Tho. by R. D. his a torny and the sheriffs as before now retorneth here that he hath nothing c. nor is to be found c. And hereupon the same Tho. declaring against the said Will upon his originall writ in the plea aforesaid said that the said W. had not rendred to the said T. 20 l. which to him he oweth and unjustly detayneth c. for that to wit that whereas the said W. the 20. day of Octo. An. c 3. at London in the parish and ward aforesaid by this certaine writing obligatory granted c. M 1. and 2. Eliz. Rot 1248 in a Scire facias against B. and A. upon a Recognizance one of the defendants is alleaged to be dead and one other processe against him and the others prayeth imparlance ss THe sheriff was commanded whereas R. C. and I. his wife in the Court of the King here had recovered against I. H Sci fac against a Tenant by Elegit and part of the monie levied the Tenant against whom the execution was brings the residue and a redelivery awarded 68 s. for their damages which they had by occasion of the detaining of the dower of the same I. of the Tenements in N. of the indowment of I Son of I. H. her late husband as by a certaine Jury of the country before the Justices of the King assigned to take the assize in the county aforesaid such a day and yeare at Wigo thereof between them Summoned and taken was convicted and the same R and I. came afterwards into the court of the Lord the King here and chose to be delivered to them all the goods and Chattles of the said I. H. besides the Oxen and Cattles of the Plough and likewise the moyety of all his lands and Tenements in his Bayliwick to hold as their free Tenements to them and their assignes accor to the Form of the statute in such case provided untill 68 s. for the damages aforesaid should be thereof levyed whereupon the King commanded them that al the goods and chattles of the said I. H. besides his oxen Cattle of the Plough and likewise the moyety of his lands and Tenements in your Bayliwick without delay you cause to be delivered to the same R. and C. by the resonable price and extent to hold to them and their assignes as their Free Tenement in Forme aforesaid untill 68 s. for their damages aforesaid should be thereof Levyed and in what sort Elegit awarded Return of the Elegit c. should be made Known here such a day c. the same sheriff to the justices of the King
here at that day retorned a certaine extent taken before R. T. Bayliffe of the liberty of the honorable Epi. Wigor of O. at N. on Saturday such and year c. by vertue of the retorne of a certain writ of the Lord the Kingâ— to him by him thereof directed by which it was found that the same Bayliff by vertue of the retorne of the writ of the Lord the King aforesaid delivered to the same R. and I. the moyety of all the Lands and Tenements which the same I. had in his Bayliwick to wit the third part of one Messuage and 40. acres of Land with the appurtenances in N. which said third part is worth by the yeare 4 d. and the said 40. acres of land are worth by the yeare 5 s. to hold to them and their assignes as their Free Tenement untill the said 68 s. should be thereof levied and although the same R. and I. 10 s. 8 d Tender of the residue of monies by the defendant Refusall by the Plaintiffs to accept it out of the tenements aforesaid have now leyyed as by that extent it manifestly appeareth and the same I. H. the whole residue of the said 68 s. to wit 49 s. 4 d. is ready to pay notwithstanding the same R. and. I. have hitherto refused to receive that money as by the information of the same I. H. there the King is given to know Therefore the Bayliff is commanded that by honest c. he make known to the said R. and I. that they should be here at this day to wit in Octo. Mich. to shew if any thing c. wherefore the same R. and I. ought not to be satisfied with the same 49 s. 8 d. and the Tenements aforesaid to them before delivered they ought not to be redelivered to the said I H. if to them it seemed expedient and now here came aswell the same I. H. in his proper person as the same R. and I. by R. W. their attorney Monie brought into Court and the sheriff retorneth that he made known to the same R. and I. of being here at this day in Forme aforesaid by R. B. c. honest c and hereupon I. H. bringeth here into court 8 s. 8 d. ready to render the same R. and I. if c. and prayeth delivery of the Tenements aforesaid Satisfaction c. whereupon it is requested of the same R and I. if they have or know any thing to say for themselves The monies are paid in Court to the Plaintiff and the Court awarded a redeliverance to be awarded to the Plaintiff wherefore they ought not to be satisfied with the money and to redeliver the Tenements aforesaid to the said I. H. who say that not and hereupon the said 53 s 8 d. is delivered to the said R. I. And it is considered by the Court that the said I. and H. shall have delivery of the Tenements aforesaid first delivered to the same R. and I. out of the hands of the same R. and I and that they goe thereof without day c. SEe 21. E. 3. f. 1 Plaintiffe 1. A Scire Facias awarded in Aide 21. E. fo 20. Pl. 21. ss IT was commanded the sheriff whereas I. C. Gent. lately it the Court of the Lady Eliz. late Queen of England here to wit in Easter in the 36. Entry of a Sci fac by an administrator against an executor H. 2 Jac. rot 1613. yeare of her Reigne before E. A. Knight and his associats then Justices of the said Lady the Queen of the common Bench here by the consideration of the same Court recovered against R. W. late of c. aswell a certaine debt of 200 l. as 6 l. which to the said I in the same Court were adjudged for his damages which he had by occasion of the said debt whereof he is convicted as by the record and proceedings thereof in the court of the Lord the King here remaining manifestly appeareth execution notwithstanding of the said judgment yet resteth undon And aswell the said I as the said R. W. are dead as by the information of R. C. Gent. administrator of the goods Chattles which were of the said I. C. at the time of his death the King understandeth And because c. that by honest c. It be made knowne to P. R. executor of the Testament of the said W. that he should be here at this day to wit in Cr. Ascen Dom. to shew if any thing c. wherefore the debt and damages aforesaid of the goods and chattles which were of the said W. at the time of his death in the hands of the said P. R. to be administred ought not to be made to the same I. according to the Form of the recovery aforesaid if The Plaintiff shewes the Letters of administration and prayes execution c And now here at this day came aswell the said R. by H. H. his attorney by the said P. premonished by A. B his attorney and the Sheriff now retorneth that he made knowne to the said P. of being here at this day by G. D. and D. E. honest c. to shew in Form aforesaid c. And hereupon the same R. saith that the said I. C. died intestat and that the administrators of all the goods and Chattles which were of the said at the time of his death by I by Divine providence c. was committed And he bringeth here into the Court the Letters Administratory of the said Arch-Bishop which the Commission of the Administration aforesaid in forme aforesaid testifie c. and prayeth Execution against the said P. of the Debt and Damages aforesaid of the goods and chattells which were of the said I. C. being in the hands of the said P at the time of his death to be administred to him to be adjudged c. AND the said P. saith Defendant confesseth assets to 40 s. and traâ—erseth that any other goods of the Intestate besides c. came into his hands c. T 19 Jac rot 2892. That the said R Execution against him of the Dâ—bt and Damages aforesaid of the goods and chattells which were of the said W at the time of his death in the hands of the said P to be administred ought not to have because he protesting saith that the said W after the judgment aforesaid against him in Forme aforesaid had at L aforesaid dyed intestate and that diverse goods and chattells which were of the said W at the time of his death to the value af Forty shillings after the death of the said W. into the hands and possession of the said P. came and that the same P. the said forty shillings about the Funerall of the said W. after the death of the said W. expended without this that any other goods or chattells which were of the said W. at the time of h s death besides the goods and chattells to the value of forty shillings ever
came to the hands and possession of the said P. after the death of the said W. and this c. Judgement if Execution c. AND the said R. saith Peplication that he had more assets at tue Teste of the Writ c. to the value of the debt c. and issue thereupon That hee by any thing before alledged from having his Execution aforesaid of the Debt and Damages aforesaid ought not to be barred because he saith that the said P. the day of the obtaining of the writ of Scire facias aforesaid to wit such a day and year had diverse goods and chattells which were of the same W at the time of his death to be administred to the value of the Debt and Damages aforesaid above recovered besides the goods and chattells to the value of forty shillings which came to the hands of the said P. after the death of the said W. whereof the same P. might have satisfied the said R. of the Debt and Damages aforesaid to wit at S. in the County aforesaid and this he prayeth may be enquired of by the Country and the same Defendant c. Therefore the Sheriff is commanded that he cause to come c. THe Jury say upon their oath Verdict that he had assets to 30 l. at the Teste c. overâ— c. and no more c. as to thirty pounds of the within written two hundred and six pounds parcell that the said P. the day of purchasing of the said Writ of Scire facias to wit such a day and year had diverse goods and chattells which were of the within named W at the time of his death and in his hands to be administred to the value of the said thirty pounds besides the goods and chattells to the value of the said Forty shillings which came to the hands of the same P. after the death of the same W to be administred whereof the same P might have satisfied the said R. of the said thirty pounds Verdect for the Defendant to wit at S aforesaid as the same R hath thereof within alledged and as to the seventy foure pounds of the within named two hundred and six pounds residue the same Iury say upon their oath That the same P. the day of purchasing of the Writ of Scire facias to wit such a day and year had no Lands or Chattells which were of the within named W. at the time of his death in his hands to be administred to the value of the said one hundred seventy four pounds beside the goods and chattells to the value of the said forty shillings Judgement which came to the hands of the said P. after the death of the same W. whereof the same P. could satisfie the same R. of the said one hundred seventy four pounds to wit at S. in the County aforesaid as the same P. thereof within alledged therefore c. search the Judgment with Mr. Brownlow Entry of a Sci fac against an executor of one Manucaptor of three Manucaptors upon a Recognizance of baile upon an arrest in debt c. P 1. Jac. rot 817. Middlesex ss It was commanded the Sheriff whereas by I R of B c. H D of C. c. and T. M. of C. c. of late to wit the twentieth day of Aprill Anno 41 Eliz. before E. A. Knight cheife Justice of the Court of Common Bench of the said Lady the Queen here at his dwelling house in the Charterhouse neer London undertook and every of them did undertake for M. T. late of London c. otherwise called c. in the County of Somerset Gent. in one hundred and fifty pounds And the same Morgan then and there assumed for himselfe in three hundred pounds and if it should happen the same M in a certain plea of Debt upon Demand of one hundred and fifty pounds against the same M by one Elias I in the said Court of the Lady the Queene of the Common Bench Recitall of the recognizance here prosecuted in any lawfull manner to be convinced and Judgement for the same E in the plea aforesaid against the said W. in the said Court to be given that then the same M. the said Debt of one hundred and fifty pounds and also all Damages to the said E by occasion of the detaining of the said Debt in the same Court of the late King against the same M in any manner to be assessed or adjudged would satisfie and render which said one hundred and fifty pounds the same I H and T M severally acknowledge to be made upon their Lands and Chattells And which sayd three hundred pounds the said M acknowledgeth to be likewise made of his Lands and Chattells and to Be levied for the use of the said E if it should happen the same M contrary to the Manucaption aforesaid in any manner to make Default And although the same E afterwards Judgement against the principall Hil. 42 Eliz to wit in the Terme of Saint Hillary Anno 42 Eliz. before E. Anderson Knight and his Associates then Justices of the said Lady the Queen of the Bench aforesaid by consideration of the same had recovered against the same M. as well the same one hundred and fifty pounds at the same forty shillings which to the same E in the same Court of the Queen here were adjudged for his Damages which he had by occasion of the detaining of that Debt whereof hee is convicted as by the record and proceedings therein in the same Court of the said late Queen here remaining manifestly appeareth Neverthelesse the same M. hitherto hath not satisfied the same E. of the Debt and Damages aforesaid Breach of the Recognizance nor in the same Court here hath rendred his body in Execution for the Debt and Damages aforesayd according to the Forme of the Recognizance aforesaid and the said T M is dead as by the information of the same E the King is given to understand And because c. that by honest c. he make known to A M Widdow An Alias Sci. fac was awared and continuances divers imparlances ought to be here The Defendant pleads assets to the value of 36 l. 5 s. came to her hands after the death c. and pleads a judgment against the Testator in his life time in London upon concessit solvere and that she had imployeâ— part of the assets about the funerall part about the the probaâ—e of the will part to compound the judgment and the residue brings here into Court ready to pay c. with plea that she hath no more c. The plaint leviviâ—d The plaintiffs finde pledges to prosecute and make their Attorney Executrix of the testament of the same T. M. of being here at this day to wit in Cro Asc Dom to shew if any thing c. wherefore the same one hundred and fifty pounds by the same T in forme aforesaid acknowledged of
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
plea aforesaid and they being solmnly called came not and the sheriff of Cornwell to wit C. T. Esquire now retorneth that he by vertue of the writ aforesaid to him directed such a day and yeare Tertenant returned of a Messuage and thirty acres of land by W. N. and H. F. honest c. made known to R. D. Tenant of one messuage and 30. acres of land with the appurtenances in T. C. now or late in the tenure of I. C and L M which were of I C in Fee simple at the time of the judgment given and afterwards that he should be here at this day to shew in Form aforesaid c. Therefore it is considered that the said Hugh have his execution against the said R. D. Tenant of the debt and damages aforesaid to be levied Judgment of the said Massuage and 30 acres of Land with the appurtenances Execution by default for the debt and damages aforesaid to be levied of the lands and tenements aforesaid Elegit of the moyety awarded of the lands for default of the said R. and hereupon the said H chose to be delivered to him the moyety of the said messuage and 30. acres of land with the appurtenances according to the Form of the Statute thereof made and provided until the debt and damages aforesaid be thereof levyed and prayeth a writ of the said Lady the Queen thereof to be directed to the said sheriff of the County of Cornwall and it is granted him retornable here tres Trin. And in as much c. Brownlow H 43. Eliz Rot. 157. Suff. ff Scire fac For Seaman against the Ter-tenants of T. L Re. in Cr. Trini 41. Eliz. upon a Recognizance for 60 l. 33 s. 4 d. for damages For P L retorned ter-tenant of divers lands c. saith that the said T L before the said judgment 10. of August 35. Eliz enfeoffed I. and T Brown to the use of the said Tho. and his heires males and that he was seised in Spec. Fee-tayle at the time of the judgment given and that he 11. Sept 41 dyed seised in taile And that the Lands descended to the said P as Son and heir and that he entred and was seised in Spec. Taile judgment if execution c the Plaintiff saith that T was seised in fee simple Entry of a Sci fac upon a bail to make deliverance after gage deliverance of Cattell in Court against the Manucaptors because the Conusor had not made deliverance 1 H 7 11. 21 E 3. Bâ— Pledges 9. 18. at the time of the judgment given and traverseth the Feoffment modo et forma HAs 33. Eliz. Rot. 2045. ss It is commanded the sheriff whereas G. G. of c R S. of c. in the Court of the Lady the Queen here to wit in the Term of St. Hillary An. c. 82 Before E.A. Knight c. of the bench here to wit at Westminster aforesaid had undertaken and both of them did undertake for S G that the same S should make deliverance return of 6. Cows to E C before the Feast of the Appostle P. I then next following under the penalty of both of them 40 l. which said 40 l. the same G S acknowledged and each of them acknowledgeth to be made of their Lands and Chattles and to belevied to the use of the said T. E. if the said S. G should not make deliverance of the Chattles aforesaid to the same T. according to the Form and effect of the recognizance aforesaid And the same S heitherto hath not made deliverance of the Chattles aforesaid to the said E. according to the Form of the recognizance aforesaid as by the information of the said T. the Queen understandeth And because c. that by honest c. he make knowne to the said G. and S. that they should be here at this day to wit tali di to shew if any thing c. to wit the said G. wherefore he the said 40 l by him in Form aforesaid acknowledged of his lands and chattles And the same S. wherefore the said 40 l. by him in Form aforesaid acknowledged of his Lands and chattles and either of them ought not to be made and rendred to the same T. according to the form of the recognizance aforesaid if c. At which day here came aswell the same T. by F. E. his attorny as the same G. and S. in their proper persons and hereupon the same T. prayeth execution against the same G. of the said 40 l. by him in Forme aforsaid acknowledged c. and against the said S. for the said 40 l. by him in Form aforesaid acknowledged Test Nichil dic to be adjudged by him c. And the said G. and S. reserving to themselvs all and all manner c. Pet. tit entry of a Nihil dic hereupon Mich 34. Eli. Rot. 1813. Entry of a Sci fac upon a recognizance taken to make deliverance upon a gage deliverance against Manucapt because the Conusor had not made deliverance ss HIll 18. Eliz. Rot. 405. ss It is commanded the sheriff whereas H. N. late c. and G. H. of c. lately in the Court of the Queen here to wit in Trinity term An. 17. c. before I. D. Knight and his associates Justices of the Lady the Queen here of the common Bench and undertook for W. C. that the said W. should make deliverance and retorn of ten Oxon or of the value of them to T. H. upon the tenth day of June then next following within the Church yard of the parish Church of S. in the county of S. under the penalty of 200 l. which said 200 l. the said H. and G. acknowledged to be made of their lands and Chattles and to be Levied to the use of the same T. and D. the said W. made not deliverance of the Cattle aforesaid nor of the value of them according to the Form of the racognizance aforesaid as by the information of the said T and D the Qu. understandeth T 9 Jac rot 3 510. and because c. that by honest c. he make knowne to the said H. and G. that they should be here at this day to wit in Oct. S. Hill to shew if c. wherefore the same T. and D. ought not to have execution against them of the said 200 l. according to the Form of the recognizance aforesaid Sci. fac in a writ De droit de gard Sci facâ— upon judgment in debt and detinue if c. And now here at this day came aswell the said T. D by their attornies aforesaid as the same H and G. by F. their attorney And the sheriff now retorneth that they have nothing c. nor are found c And hereupon the said T. and D. pray execution against the same H. and G. of the said 200 l. to be adjudged them c. H 10. H. 6. Rot. 141. Scire Fac Upon a
judgment in a writ de droit de Gard. P. 2. H. 7. Rot. 50 Scire Fac upon a judgment in detinue for Cattle and for Debt ss IT was commanded the sheriff whereas I. P. one of the attornies of the Court of the Lady the Queene here of the common Bench lately in the same court of the Lady the Queen here to wit 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here Entry of a Sci fac against an heire upon a judgment against his father in debt and an Elegit awarded by the consideration of the same Court had recovered against I. K Kt. aswell a certaine debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted and by the record and proceedings therein in the same court of the Queen here remayning manifestly appeareth Neverthelesse execution of the judgment aforesaid yet remayneth undon M 26 27. Eliz. rot and the same I. K Knight is dead as by the information of the said I P. the Queen understandeth And because c. that by honest c. he make known to I. K. Esquire son and heire of the said I. K. Knight and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee simple at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim to shew if any thing c. wherefore the said 12 l. 6 s. and 13 s. 4 d. ought not to be made of the lands and tenements which were of the said I. K Knight in Fee-simple at the time of giving of the Judgment aforesaid in his bayliwick being in the seisin of the said I. K. the son and rendred to the same I. B. according to the form of the recovery aforesaid And now here at this day came the same I. P. in his proper person and offered himselfe the 4. day against the said I. K. the son in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath made known to I K the son of being here at this day by I D and R F honest c. Therefore it is considered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple at the time of giving of the judgment aforesaid being in the seisure of the said I. K. the son by default c. and hereupon the same I. P. hath chosen to be delivered to him the moyety of all the Lands and Tenements which were of the said I. K. Knight in Fee-simple being at the time of the judgment aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided untill the said 12 l. 13 s. 4 d. be thereof levyed and prayeth a writ thereof to be directed to the sheriff of the County aforesaid And it is granted to him retornable here in Oct S. Hill c. quaere de rest forme H 3. Jac. Rot. 308. ss Entry of a Sci fac against an heir and judgement thereupon by default upon a judgement had against the Father deceased in the time of another King It was commanded the sheriff whereas R. S latly in the court of the Lady Eliz. late Queen of England to wit in the Term of the holy Trinity An. 30. before E. A. Knight c. by the consideration of the same Court had recovered against T S late c aswell a certaine debt of 40 l. as 40 s. which c. as by the record and proceedings here in the Court of the Lord the King now here remaining manifestly appeareth notwithstanding execution c. And the same T is dead as by the information of the same R. c. and because c. that by honest c that he make knowne to W S son and heire of the said T. who hath lands and Tenements which were of the said T in Fee simple in Cr. Tri. An. c. or at any time afterwards that hee should be here at this day to wit in Oct. Hill to shew if any thing c. wherefore they ought not to make the debt and damages aforesaid of the lands and Tenements aforesaid being in the county aforesaid and render them to the said R. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same R by I H his attorny aforesaid and offereth himselfe the fourth day against the said W. in the plea aforesaid and he being solemnly called came not and the sheriff now retorneth that he had made known to the said W. son and heire of the said T. and tenant of two messuages and 100. acres of land Scit fac returned with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli to shew in form aforesaid c. by I. K. and L. I. honest c. and hereupon the same R. prayeth execution against the said W. of the debt and damages of the lands and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity to him to be adjudged c. Therefore it is considered that the said R. have execution against the said W. of the debt and damages aforesaid to be levied of the tenements aforesaid by default c. Inquire of the forme of this writ P 4. J. Ro. 25 57 Upon a Recovery in debt against G. K son heir of W K. by I. Harper Sci. fac to the Tenants of the lands Tenem which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42 Eliz. which day the said Iohn Harper purchased his originall writ in debt against the said W. that he should be here in Oct. Hill c. Entry of a Sci fac brought by an executor against an h ire upon judgment against his Father c. H Ill. 5. Jac Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9. It is thus contayend Corn. ss It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England to wit in Mich. Term An. 37 and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here to wit at Westminster had recovered against I C late of c. aswell a certaine debt of 40 l. which c. as 40 s. which c. put c. Execution notwithstanding c. and aswell the said
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
Sci. fac awarded ret Oct. Pur. Defendants appeare non sunt inven c. and hereupon the same T and M his wife bring here in court the letters Testamentary of the said Io. Wright by which it appeareth to the Court here the same Margaret to be executrix of the testament aforesaid The Plaintiff shewes Letters of administration of the will Averment that the defendant died intestate and thereof to have the Administration c. and the same Tho. and M his wife further say that the same W D after the judgm aforesaid given at L. in the parish c. died intestat And that the administration of all the goods and Chattels which were of the said W D at the time of his death by Io. by Divine providence c. after the death of the said W to Margaret now wife of the said W D. while she was sole at London in the parish and ward aforesaid was committed which said Margaret after the judgment aforesaid given at London in the parish and ward aforesaid took to husband the same W D And pray execution against the said W D and Margaret his wife of the debt and Damages aforesaid See the new Book of Entries f 623. Pl 9. tiel Sci fac respectuat judicium Quere of the goods and Chattells which were of said W Dowgle at the time of his Death in the hands of the said W Death and M his wife being to belevied to them to be adjudged c. Null Judgm quaere if the executor at his ful age shall have such a Scire fac upon a Recover by the administrator during the minority of the executor or not Tri. 9 Jac Rot 1619. and afterwards satisfaction was acknowledged upon this entrey without any judgment Mich. 44. and 45. E. Rot. 2816 Sci fac against Tertenant Scire fac in debt to the lands tenements of the lands tenements c. according to the form of the Recovery aforesaid if c. And now here at this day came the said A. by I. H. his attorney and offered himselfe the 4th day against the said Tenants of the Lands and tenements aforesaid in the plea aforesaid And they being solemnly called came not Nul Tertenant returned and the sheriff now retorneth that there is no tenant of any lands or Tenements which were of the said I. at the time of the judgment aforesaid given or at any times afterwards in his Bailiwick whereby he might make knowne to him whereas it is testified in the said Court of the said Queen here that there are divers Tenants of Lands and Tenements in the County of Norff. which were of the said I. at the said time of the judgment aforesaid given and afterwards whereof they could make and levey the debt and damages aforesaid Averment that there are divers Tenants in another County A Testat Sci. fac awarded after non-suits returned Therefore it is commanded to the said Sheriff of Norff. that by honest c. be make knowne to 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 that he be here in Oct. S. Hill to shew in form aforesaid if c Al. Sci. fac against the Administrator upon judgement against the Intestate T 22 Jac. rot 629 the same Al. Sci. fac awarded M 44 and 45 Eliz. rot 3118. Brownlow ss Otherwise as it appeareth c. And now here at this day came the said R. N. by I his Attorney and offered himself the fourth day against the said G. in the plea aforesaid and he being solemnly called came not and the Sheriff now returneth That the said G hath nothing c. nor is found c. therefore as before the Sheriff is commanded that by honest c. he make known to the said G that he should be here in Cr. Animarum to shew in Forme aforesaid if c. At which day here came the said I by his Attorney aforesaid and the same G the fourth day of the plea being solemnly called came not and the sheriff as before now returneth that the said G hath nothing c. nor is found c. And hereupon the sayd R. I. saith That the said Defendant dyed intestate c. and that the administration of the goods and chattels which were of the said Intestate at the time of his death The plaintiff saith that the Administration was committed to the Defendant against whom the Sci. fac issueth by Iohn by divine Providence Arch Bishop of Canterbury c. such a day and year at London in the parish c. after the death of the said intestate to the said G was committed and prayeth Execution against the said G. of the Debt and Damages aforesaid in form aforesaid to him to be adjudged c. Therefore it is considered That the said I have Execution against the said O of the Debt and damages aforesaid of the goods and chattells which were of the said R. H. at the time of his death being in the hands of the said O to be administred to be levied if he have so much in his hands to be administred by default of the said O. c. Trin. 13. Jac. rot 526. Brownlow into H. and H. Entry of a Sci. fac with cas testat thereupon awarded T 12 Jac. rot 2524. Brownlow ss Civitas Exon C P. against B. E. in a Scire facias c. Re. Cr. Trin. By Default c. And hereupon the said C prayeth a writ of the said Lord the King to be directed to the Sheriffs of the City of Exon to take the same R if c. to satisfie the said C of the Debt and Damages aforesaid c. And it is granted to him returnable here Tres Trin. At which day here came the same C in his proper person and the Sheriff now returneth That the said R is not found Reurn of the Cap. Testat awarded Devon c. and hereupon it is testified in the same Court here that the same Richard doth lye hid wander c. run from plac to place in the County of Devon Therefore it is commanded to the sayd sheriff of Devon that he take him if c. and safely keep c. so that he should have his body here in Cro. Animarum to satisfie the said Christopher of the debt and damages aforesaid c. Entry of an al. Sci. fac upon judgement had against the principall upon an arrest upon an originall in debt sued out in the Common Bench and a capias thereupon in another Terme wherein the first Sci. fac was returnable in a former Terme T. 20. Jac. rot 3186. Note that the first writ of Sci. fac in this case ought to issue from hence out of the Philizers office returnable in the Prothonotaryes office T 13 Jac rot 2621. Brownlow Otherwise as it appeareth in Easter Terme Anno 13 Regis nunc Rotulo It
of the Dower of the said M. of one Messuage 29. acres of land c. with the appurtenances in M. from the time of the death of the said R her late husband c. As for their damages which they had by occasion of the detayning of the Dower whereof he is convicted as by the Record proceedings therein in the Court of the Queen here remayning manifestly appeareth Tenant in the writ of dower after judgment dieth Sci fac awarded against the son and heir Neverthelesse excution of the judgement aforesaid yet resteth und on And the same T. B. is dead as by the information of the said W. and M. the Queen understands and because c. that by honest c. he should make knowne to E. B. son and heir of the said T. who holdeth the lands and tenements which were of the said T. at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim. to shew if any thing c. wherefore the said W. and M ought not to have execution against him of the value of the Damages aforesaid of the Lands and Tenements aforesaid according to the Form of the recovery aforesaid if c. Return de vic Alias Scâ— fac awarded And now here at this day came the same W. and M. by I. G. their attorney and offered themselves the 4th dâ—y against the said E. of the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath nothing c. nor is found c. Therfore as before the sheriff is commanded that by honest c. he should make knowne to the said E. that he be here 15. Marti to shew in Form aforesaid if c. And now here at this day to wit the said 15. Marti came aswell the same W. and M. by their attorney aforesaid as the same E. premonished c. by W. D. his Attorney Sci fac returned but note that the Sheriff doth not return of what lands the son and heiâ— is tenant according to the point in the writ And the sheriff to wit R. I. Esquire now retorneth that he made knowne to the said E. of being here at this day to shew in Form aforesaid by T. D. and I. G. honest c. And hereupon the said W. M. prayeth Execution against the said E. of the value and damages aforesaid of the lands and tenements aforesaid to them to be adjudged c. and the said E. reserving to himself all and all manner of exceptions and advantages aswell to the said writ of Scire fac as to the declaration aforesaid prayeth imparlance here untill Oct. S. Hill and hath it c. Speciall imparlance The same day is given to the said W. and M here c. At which day c. and from thence imparleth untill Oct. Mich And now here at this day to wit at the said Oct. Mich. came aswell the said W. M as the said E. by their Attornies aforesaid and hereupon the said W. and M as before prayeth execution against the said E. of the value and Damages aforesaid to them to be adjudged c. And the said E saith nothing in bar or hinderance of the execution of the said W. and M aforesaid by which the same W. and M. remaine against the said E. and thereof without defence therefore it is considered that the said W. and M. have Execution against the said E. of the value and Damages aforesaid of the lands and Tenements aforesaid by default c. And because it is not knowne what Lands and Tenements the same T had at the day of his death in Fee-simple Judgment by nichil dic Suggestion to have a Writ to inquire of the value of the lands awarded nor how much those Lands and Tenements were worth by the yeare according to the true value thereof it is commanded the sheriff that by the oath of honest and Lawfull men of his Bayliwick he diligently inquire what Lands and Tenements the said T. had the day of his death in the Bayliwick of the said sheriff And if the said T. died seised of any Lands and Tenements with the appurtenances in Fee-simple Then how much those Tenements were worth by the yeare in all issues beyond reprises Quaere for these words are neither perfect nor good And after such inquisition by the sheriff made he deliver the same Lands and tenements to the same W. and M without delay according to the true value of them to hold to the same W. and M. untill the said 45 l. and 10 s for the value and damages aforesaid thereof be levyed c. and in asmuch c. the sheriff make appeare here 15. Mich. At which day there came the said W. and M by their attorney aforesaid and the sheriff to wit Quaere de rest matter I. B. Knight now retorneth here a certaine Inquisition c. that the father was seised in Fee of 22. acres of Land at the day of his death to the value of 9 s. 8 d. which said 22 acres of Land the sheriff delivers intirely c. Debt against fâ—ur Executors two appear and the Plaint tame against the same two with a simul cum c. Judgment against the four and the two that appeared onely a mercied H 12. H. 7. rot 361 Mordant Devon ss Roger Viell brought his Accompt of debt against Nich. Yeo. and Eliz. his wife executors of Eliz. Mounck executrix of I. Mounck that they together with W. Mo. and H. Mounck should render to him 38 l. 17 s. upon bill obligatory made for the payment of 64 l. 19 s. 7 d. ob and satisfaction confessed for 26 l 2 s. 7 d. ob by the testator Notwithstanding the executors although often requested c. have not rendred c. And the same N. and Eliz his wife together with those c. to him to render gain say and unjustly detaine c. and the same Nicholas and Ann confesse the account and judgment that the plaintiffe should recover against the said Nicholas and Elizabeth W. and Humphery the debt and damages to 10 s. de bonis testatoris levand and the said Micholas and Eliz. in mercy c. and the damages remitted A Sci. fac was brought against the Executors upon this judgment as followeth H 13. H. 7. Rot. 309. Mordant Devon ss R. U. brought his scire fac upon the judgment next above against the said executors to have execution upon the said judgment retorned Cr. Trin. the sheriff retorneth Scire Feci to Humphery Mounck one of the executors who commeth Sci fac upon the judgment abovesaid c. And nothing against the other two Executors which came not and the said Humphery pleaded ne unq Execut. The Plaintiff saith that he ought not to be barred from having his execution aforesaid upon the judgment aforesaid and notwithstanding the said plea of the said Humphery above
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
outlawry aforesaid it was manifestly erred in this that within the county of Lincoln aforesaid were and at the day of purchasing of the originall Writ aforesaid and also from the time wherof the memory of man is not to the contrary there were two Townes one called Humby the great the other Humby the lesser and neither Towne was named or called Humby alone without addition and this he was ready to veryfie whereupon he then prayeth judgment and that the utlawry aforesaid for the said Error and c. others in the Record proceedings aforesaid being might be revoked adnulled taken altogether for nothing And he to the common Law of the Realm of the Lady the Queen of England and also to all things which he had lost by the occasion of the utlawry aforesaid might be restored c. And then the said T. B. prayed a writ of the said Lady the Queen to premonish the said Charles of being before the said Lady the Queen to hear the record and proceedings aforesaid and it was granted him Scire facias c. Whereupon it was commanded the sheriff that by honest c. he should make knowne to the said Charles that he should be before the said Lady the Queen in Oct. S. Marti then next following wheresoever c. to hear the record and proceedings if c. and further c. the same day then given to T. B. c. And hereupon then came W K. of c. Gent. S. T. of the parish c. Gent. I D of London Yoeman and L. R c. and undertook for the same Iohn Beverly to have the body of the same Thomas before the said Lady the Queen at the same Term The plaintiff bayled corpus pro corpore and so from that day untill c. every of the said Manucaptors body for body c. at which said Oct. Martini before the said Lady the Queen at Westminster aforesaid came the said Thomas B. in his proper person and the sheriff of the said county of Lincoln then returned there that by vertue of the said writ to him directed by G. S. and R. B. honest c. he had made knowne to the said Charles B. of being before the said Lady the Queene at the day and place in the same Writ contained to hear the record and proceedings aforesaid if c. according to the exigency of that writ which the said C. B. the 4. day of the plea being solemnly called by S. W. his attorney came whereupon the said Thomas as before then said that in the record proceedings aforesaid and also in the publishing of the utlawry aforesaid it was manifestly Erred alledging the Error aforesaid by him in form aforesaid alledged and prayeth that the utlawry aforesaid for that error and others in the record and proceedings aforesaid found might be revoked adnulled and altogether taken for nothing And that he to the Common Law of the Realme of the Lady the Queen of England and also to all things that he by occasion of the utlawry aforesaid had lost might be restored and that the said Charles might rejoyne to the said Error And the same C. prayeth licence therein to imparl and it was granted him c. here upon day therein was given to the parties aforesaid before the Lady the Queen here untill in 8. S. Hill then next following wheresoever c. to wit the said Charles Baudes of speaking to the said Error and then to rejoyne to that Error at which said Oct. S. Hill before the said Lady the Qu. at Westminster came aswell the said T. B. in his proper person as the same Ch. by his attorney aforesaid And the same C. then said that the utlawry aforesaid ought not to be revoked because he said that within the County of Lincoln aforesaid was and at the same tine of the purchasing of the originall writ aforesaid and also from the time whereof the memory of man is not to the contrary there is one Towne called and known aswell by the name of Humby alone as by the name of Humby the great this he was ready to verifie whereupon he prayeth judgment and that the judgment aforesaid in all things might be confirmed And the said Thomas Beverly as beforesaid That within the said County of Lincolne were and at the same time of purchasing of the originall writ and also for the time whereof the memory of man is not to the contrary were two Towns the one called H. the great the other called H. the lesser without this that within the county of Lincoln aforesaid was and at the same time of purchasing c. was one Towne called and known by the name of H. only Travers as by the name of H. the great in manner and Form as the said C. B. above in pleading had alleadged and this he was ready to verifie whereupon as before he prayed that the utlawry aforesaid might be revoked adnulled and altogether taken for nothing And that he to the common Law of the Realm of the Lady the Queen of England and to all things which he by occasion of the utlawry aforesaid had lost might be restored c. And the same Charles as before said that within the county of Lincoln aforesaid there was and at the same time of purchasing of the originall writ aforesaid was one Towne called and knowne aswell by the name of Hu. only as by the name of Humbly the greater in manner and Forme as the said Charles had above alledged and of this he put himself upon the Country and the said Thomas likewise therefore it was then commanded the sheriff of the said County of Lincoln that he should cause to come before the Lady the Queene in Oct. Pur. 12. of the body of the County of Lincoln by whom c. And recite the Postea who say upon their oath that within the county of Lincoln aforesaid there is not nor at the within written time of purchasing of the said originall writ within writien was there a Towne called and knowne aswell by the name of Humby only as by the name of Humby the great as the same Thomas B. hath within alledged whereby it was then considered in the same Court there that the utlawry aforesaid should be revoked adnulled and altogether taken for nothing and the same Thomas B. to the common Law of this Realm of England and to all things that he by occasion of the utlawry aforesaid had lost should be restored c. And this he is ready to verifie whereupon he prayeth judgment and that the said Thomas Beveley may be barred from having execution against him of the judgment aforesaid c. Judgment was given against the Queen quaere T 11. Jac. rot 707. Brownlow ss Otherwise as it appeareth A Scire faciâ—s brought against the principaâ—l and bayl to prosecute an Audita querela where judgment was given for the plaintiff upon Nil capiat pro bre Pas 11.
with the appurtenances according to the Extent aforesaid to the said Edward should be delivered and c. And hereupon the sheriff is commanded that he remove the same Hum. from the possession of the mannor and Tenements aforesaid with the appurtenances and the moyety of the same Mannor and Tenements aforesaid with the appurtenances according to the Extent aforesaid without delay he should cause to be delivered And in asmuch c. the sheriff make to appeare here 15. Hill at which day here came the said Edward by his Attorney aforesaid and the sheriff of the said County of Stafford to wit R. M. Esquire now returneth that he by vertue of the writ aforesaid to him directed the 20 day of January An. c. 10. came to the mannor and Tenements aforesaid with the appurtenances And the same Humphery P from the possession of the Mannor and Tenements aforesaid with the appurtenances removed And the moyety of the same mannor and Tenements aforesaid with the appurtenances to wit one Close called the Mills of the yearly in all issues besides reprises 8 l. and so recite such premisses as are expressed in the Writ by the first Inquisition unto beyond reprizes 4 l. being the equall and just moyety of the whole Mannor and of all the Tenements aforesaid with the appurtenances to the same Edward B. made to be delivered according to the extent aforesaid in the Inquisition aforesaid above made as by the said Writ it was commanded to him c. Entry of a Sci. fac against the Conusee in a statute merch brought by the conusor to have back the possession of lands extended for that he is satisfied M. 47. E. 3. fo 11 Pl. 9. fit Sci. fac 96. T. 17. E. 3. fo 43. Pl. 38. T 19 Jac. rot 2159. Brownlow London ss It was commanded the sheriffs that they should take the body of Thomas Leake of L. in the County of Nottingham Gent. if he were a Lay-man and in the prison of the Lord the King under their custody should safely keep untill unto G. Woodnot of S in the same County Gent. of four hundred pounds which the same Thomas the thirtieth day of October Anno Regni c. 4. before I. R. then Mayor of the City of Lincolne and Leonard Carr Clark deputed to take the Recognizance of Debts within the City acknowledged himselfe to owe to the said George and which to him at the Feast c. then next following he ought to have paid and the same to him hitherto he hath not payd as it is said and insomuch as shall be executed of that precept of the Lord the King they should make knowne to the Justices of the said Lord the King at Westminster in Cr. S Trinitatis An. Rs. c. 18 And the same sheriff to the Justices of the Lord the King at Westminster at that day retorned H. 17. Jac. rot 293 â— L. a. R. and F. the like Scire fac upon a promise that the conusee is satisfied pro fluxum temporis That the said Thomas was not found in their bayliwick Therefore it was commanded to the sheriff of B. that all the goods and Chattles of the same Thomas and all his Lands and Tenements whereof the same Thomas at the day of the acknowledgment of the debt aforesaid or at any time afterwards was seised unto those hands soever they have came unlesse they descend to some heir being within age by hereditary descent you cause to be delivered to the said George by resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattels And to hold the Lands and Tenements aforesaid as his Free Tenements to him and his assignes according to the Forme of the statute thereof provided untill the Debt aforesaid together with reasonable Damages costs charges as in labours suits delayes and expences he had therein levied T 39 Eliz rot 1711. the Defendant after judgment and before execution makes a Feoffment in fee to I S who enfensss J N and then the lands are extended the second Feoffee bring the moneys into the Court and prayeth restitution the Plaintiff warned comes and receives the money and restitution was awarded and in asmuch as the said sheriff had executed the said precept of the said Lord the King he should make appeare to the Justices of the said Lord the King at Westm from the day of the holy Trinity in three weeks An. R. c. 18. At which day Humphery Foster Baronet sheriff of the County of Berke then returned to the justices of the Lord the said King at Westm a certaine Inquisition before him at Winsor in the County aforesaid the first day of Iuly then last past taken by which it was then found that the said Thomas after the Recognizance of the Debt aforesaid and at the time of taking of that Inquisition was seised in his Demesn as of Fee and right of and in the Mannor of W. otherwise E. W. and also of the Scite and Mansion house of the same mannor of W. otherwise E. W. And so recite the whole Inquisition verbatim unto the issues besides reprises of 50 l. which said mannor and Scite and of the mannor aforesaid with all their appurtenances the sheriff aforesaid the first day of July delivered by the extent aforesaid to the said George to hold to him and his assignes as his Free Tenement untill the Debt aforesaid together with the reasonable and necessary Damages costs and charges should be levyed thereof as by the same writ and returne thereof in the same Court of the Lord the King here of Record remayning manifestly appeareth And although after the taking of the Inquisition aforesaid the said George was satisfied of his Debt Damages costs necessary and resonable charges Neverthelesse the same G. possession of the Mannor Tenements aforesaid with the appurtenances yet holdeth as by the information of the said Th. the King understandeth The Lord the King willing to do in this behalfe what is just and consonant to reason doth command the sheriffs of London that by honest and lawfull men of their bayliwick they should make knowne to the said George W. that he should be here at Westminster in Crastino S. Trinitatis to shew if any thing c. Testat Sci Fac awarded wherefore the same George whereas to him of his Debt Damages Costs and resonable and necessary charges it hath been satisfied possession of the mannor and Tenements aforesaid with the appurtenances he ought or can hold At which day the sheriff returne to the Justices of the Lord the King here that the said G. hath nothing in their bayliwick whereby they could make knowne to him neither was found in the same whereas it was Testified in the same Court of of the Lord the King here that he hath sufficient in the County of Nott. whereby the same sheriff can make knowne to him whereupon it was commanded to the
aforesaid were sold and eloyned to the same I. Armour ought not to be returned or for defect of Return of the same Cattell the Price of them of the lands and chattells of the same I W. and W. B. in your Bailiwick to be made and rendred to the same I A according to the forme of the statute therein made and of the pledges abovesaid the same sheriff to the same Justices of the Lord the King at that day returned that the same I W and W B have nothing in his Bailiwick by which he could make known to them nor were found in the same whereby the said I. A. from having return aforesaid hath received a very long delay whereupon he hath besought the Lord the King to exhibit justice to him and that the statutes of the Kingdome of the Lord the King made for the bettering of the same may remaine stable the King will for the benefit of his Leige people by speediest remedyes consonant to the same statutes that by honest c. hee should make known to W. L. late sheriff of the County aforesaid predecessor of the now sheriff who took the pledges aforesaid in Forme aforesaid that he should be here at this day to wit in 8 sancti Trinitatis to shew if any thing c. wherefore he so many cattell to wit two horses and eighty sheep as the same I. A. took from the same I. C. as in the same Court he hath avowed Sci. fac returned or the price of them for the insufficiency of the pledges aforesaid to the same I. A. in the name of the Returne of the Cattell aforesaid ought not to render according to the Forme of the statute aforesaid Judgement ' by default and the awarding of a writ to take of the said sheriff totanimali vel prec and to deliver them to the plaintiff Nomine returni if c. And now here at this day cometh the same I. A. in his proper person and the said W.L. late sheriff 4 Die pl. being solemnly called came not and the sheriff now returneth that hee made known to the said late sheriff of being here at this day to shew in Forme aforesaid by I.S. and W.C. Therefore it is considered that the same I. A. have of the late sheriff two horses and eighty sheep to the value of the other goods aforesaid which the said I. A. late took or the price of them and a writ to the sheriff to take of the late sheriff the Cattell aforesaid or the price of them and them or that to the same I. A. in the name of the Returne of the other cattell aforesaid to deliver c. Count in Sci. fa. upon a Recognizance acknowledged in the Country before a Justice of the common Bench and afterwards delivered to be inrolled and is enrolled in the same Terme in which it was delivered to be inrolled H. 8. Eliz. rot 104 3. H. 15. Jac. rot 21. in t Pl. ter and there rot 80. a recognizance is entred with a condition T. 21. Jac. rot 73. or 78. the like Inrollment of a recognizonce with the Terme number of the roll extressed Mich 28. and 29. Eliz. rot â—046 Generall entry of a recognizance taken before a Justice of the Common Bench and a Scire facias thereupon M 20 Jac. rot 843. Brownlow otherwise as it appeareth in Michaelmas Terme 19. Jac. rot 1906. It is thus contained Oxon ss It was commanded the sheriff whereas R. H. of S in the County of Oxon Esquire the twentieth day of Iuly Anno c. 18. and Scotland 53. before Peter Warburton Knight then one of the Justices of the Lord the King of the Common Bench of the City of Oxford in the County aforesaid acknowledged himself to owe to Richard Farmer of S. in the County aforesaid Knight one thousand Markes of lawfull mony of England which he ought to have paid him at the Feast of the birth of our Lord then next following which same Recognizance the same Peter Warburton afterwards to wit the twelfth day of February in the Terme of Saint Hillary Anno 18 abovesaid delivered here in Court with his own proper hands to be there inrolled upon Record and there before Henry Hobart Knight Cheife Justice of the Lord the King of Common Bench and his Associates Justices of the said Lord the King of the same Bench in the same Terme of Saint Hillary it is enrolled upon Record which said one thousand Markes the same R to the said R. hath not yet paid as by the information of the said R. the King understandeth and because c. that by honest c. hee should make known to the said Ralph that hee should be here at this day to wit A die sancti Michaelis in unam mensem to shew if any thing c. wherefore the said one thousand Markes ought not to be made of his Lands and chattells in your Bailiwick and rendred to the same R. according to the Forme of the Recovery aforesaid if c. And now here at this day came the same Richard by Thomas G. his Attorney as the sayd Ralph forenamed c. by Io. Wells his Attorney and hereupon the same Richard prayeth Execution against the same Ralph of the said one thousand Markes of the Lands and chattells of the same Ralph to be made by pretext of the Recog aforesaid to him to be adjudged and the same Ralph prayeth the hearing of the Recognizance aforesaid and it is read unto him c. And also prayeth the hearing of the Condition of the same Recognizance and it is read unto him in these words The condition of this Recognizance is such That if the said Ralph Holte his Heâ—â—â— or Assignes shall and will for his and their parts well and truly observe fullfill and keep the Award Doome and Order of Sir Thomas Spencer Knight and Baronet and Edw. Sheldon Esquire for and concerning Suits matters and controversies moved depending or being between the said Ralph Holte on the one part and the above named Sir Richard Farmer on the other part for and concerning the Common for foure hundred sheep and right for keeping conyes in and upon the grounds called Bayards green in the County of Oxford and all Commons and other profits claimed therein by the said Ralph Holte and the Right Title and possession of the same Common and keeping of Conyes so as the said Sir Thomas Spencer and Edward Sheldon do make their sayd Award touching the premisses or any part thereof on this side the Feast day of the Nativity of our Lord next coming after the Date hereof and do cause the same to be put in writing under their hands and seales ready to be delivered unto the said Ralph Holt then this present Recognizance to be void or else to stand in force and vertue which being read and heard the Defendant prayeth imparlance and hath it c. And it is continued by imparlance untill Cr. Tri. 20. Jac. at
which day the Defendant pleads no award made generally The plaintiff pleads an award and sets forth a breach Causes of demuâ—rer that the Defendant at Midsomer 1621. did not pay 14 l. of an Annuall summe of 14 l. by the award yearely to be paid the Defendant demurs for two causes 1. for that the plaintiff hath not set forth any sufficient breach of the award 2 for that the award for payment of the said 14 l is void Joinder in Demurrer Entry of a writ of Testat Sci fac against Ter tenants who appear upon the Sheriffs return and say that there is another Tertenant in an other County non praenuncit and pray that they may not answer to the wâ—it of Sci fac brought against them usque alius pâ—aemuniatur T 20. Jac. R. Rot. 3047. Brownlow Otherwise as it appeareth Mich. 19. Jac. Rot. 939. It is thus contayned otherwise as it appeareth M. 19. Rot. 1637. It is contayned thus London ss It was commanded the sheriffs whereas V. Norrington latly in the Court of the Lady Elizabeth late Queen of England to wit in Mich. Term An Regni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Towne of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Vin in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detayning of that Debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at Westminster remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And aswell the said Earl as the said Vincent are dead As by the information of I. A. and Sarah his wife administratrix of the â—â—â—ds and Chattells which were of the said Vincent by Joan Norrington â—â—te Executrix of the Testament of the said Vincent not administred the King understandeth and because c. that by honest c. They should make knowne to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queene 35. which day the judgment aforesaid was given or at any time afterwards that they should be here at this day to wit tres Trin. to shew if any thing c. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendred to the same Iohn and Sarah according to the Form of the recovery aforesaid if c. And now here at this day came the same Iohn and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea aforesaid And they being solemnly called came not and the sheriff to wit R D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earle at the same time of the judgment aforesaid given Testat Sci fac or any time afterwards in their bayliwick to whom or to which they could make known And hereupon it is testified in the same Court of the said lord the King here that there are divers Tenants of lands and Tenements which were of the said Earle at the time of the judgment aforesaid given and afterwards in the County of North. to whom he may make knowne Therefore it is commanded the sheriff of North. that by honest c. that hee make known to the Tenants of the lands and Tenements which were of the said Earle at the time of the judgment aforesaid given or at any time afterwards in his bayliwick that they be here in 8. S. Mich. to shew in Form aforesaid if c. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid as Iohn Earle of Bridgwater and Francis his wife premonished c. by William Cragg their attorney and the sheriff of the said County of North. to wit Lodowich Pemberton Knight now retorneth that he by vertue of the Writ aforesaid to him directed by William Smith and Thomas Allen honest c. made knowne to the said Iohn Earle of Bridgwater and Francis Tenants of 2. Messu 1. Cottage 100. acres of land 20. acres of Meadow and 100. acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. Tertenants of divers lands returned of the lands and Tenements which were of the said Fardinand Earle of Darb. of which the said Earle was seised in the Cr. Anim. An. 30 abovesaid of being here at the same Oct. S. Mich. to shew in Forme aforesaid c. And that there are no other or more Tenants of any lands or Tenements which were of the said Earle at the said Cr. Anim. or any time afterwards in his bayliwick to whom he can make knowne And hereupon the same Iohn Awbery and Sarah say that the administration of all the goods and Chattels which were of the said Vincent at the time of his death by the same Joane Norrington not administred by George Arch-Bishop of Canterbury of all England Primate and Metropolitan the 12. day of November An Rs. nunc 12. at London in the parish of S. Mary Bow in the Ward of Cheap after the death of the same Joane to the said Sa. were committed And they bring here in the Court lit Administrator of the said Arch Bpp which the commission of the Administration aforesaid in Form aforesaid testifies c. pray execution against the said Earle of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances in Forme aforesaid to them to be adjudged c. And the Earle of Bridgwater and Francis pray licence therein to imparle here untill 8. S. Hill And have it c. the same day is given to the same Iohn Awbery and Sarah here c which imparlance is continued untill Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth And the same Earle of Bridgwater and Francis say that the same I. A. and Sarah ought not to have execution against them for the debt and Damages aforesaid because they say that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earle and Francis to wit the first day of Iune An. Rs. c 19. one Christopher Earle Esquire was and yet is Tenant as of Fee Tenant of the mannor of S. M. with the appurtenances in S. M. in the county of Dor. and of 20. Messuages 20. Gardens 20. M. 11 Edw. 3. Fitz. brev 266. such plea is adjuâ—ged good Orchards c. with the appurtenances in S. M. aforesaid whereof the same Fardinand late Earle of Darb. in the
pray execution against the said Ter-tenants of the Debt and Damages of the severall Lands and Tenements aforesaid with the appurtenances which were of the said Richard at the time of the judgment aforesaid given to be adjudged to them Execution by default c. Therefore it is considered that the same Samuel and Iohn have Execution for the debt and Damages aforesaid against the said severall Tenants of the said severall Lands and Tenements with the appurtenances by default of the said severall tenants to be levyed c. And hereupon the same Sam. and Iohn have chosen to be delivered to them the moyety of the severall Lands and Tenements aforesaid with the appurtenances to hold as their Free tenement to them and their assignes according to the forme of the statute therein made and provided untill the Debt and Damages aforesaid shall be thereof levied Elegit awarded and pray a Writ of the Lord the King to be directed to the sheriff of the county aforesaid and it is granted to them retornable here from the day of the holy Trinity in three weeks c. P 39. Eliz. Rot 1347. a Scire facias against Ter-tenants 2. are retorned 1. makes default and the execution awarded against him of the Lands whereof he is Tenant And the other Tenant pleads c. H 7. Eliz. Rot. 1357. divers testats Scire fac awarded into severall Counties at one time against the Ter-tenants M 7. Jac Rot. 45. in t Plit ter Brownlow Nott. ss It was commanded the sheriff Scire fac brought by the heire and exec of the demandant to have execution of a judgment in an Assize of nusance quod nocumentum amoveatur and for damages after the record of the assize is certified unto the Bench 43. E. 3. 2. br Execut. 3 z. accord Assize of nusans brought in Confinio Com. P. 10. H. 4 Rot. 225. Scire fac brought by the heire of the defendant upon the recovery in an assize to have execution upon the land and the tenant pleads no tenure for want whereas latly to wit upon Monday the 21 day of September An of the reigne of the Lord the King now 5. before T. G. Knight and Leonard B. Esq and N. C. Esq late Justices assigned to take the Assizes of the said Lord the King in the Countyes of No L. at D. P. in the same C. of L. and at Ha. in the said C. of Nott by the recognitors of the same Assize of Nusans it is found that Tho. Conians Esq unjustly without Judgment raysed a certaine banck in B. in the County of Nott. to the hurt of the Free Tenement of Tho. Taylor Esq in D. aforesaid within 30. yeares now last past to wit whereas the same T. T. was seised of and in one Close of pasture contayning by estimation 100. acres with the appurtenances called D. Carres in D. aforesaid in his demesne as of Fee And whereas also the same T. T. is likewise and of a long time was seised of and in one Close of pasture contayning by estimation 40. Plaint in an assiz of nusans acres with the appurtenances called H. in B. aforesaid in his demesne as of Fee nere adjoyning to the same Close of pasture called D. C. And the same T. T. and all those whose estate the same T T. then had in the same close of pasture of the same T. T. called D. C. from the time whereof the memory of man is not to the contrary good presedent have had and were accustomed to have a certain gutter or Sewer leading of and from the same close called D. C. through the same close of the said T.T. called H. otherwise H. and from thence unto the common River called the Fosse in the county of Lincoln aforesaid in which said Gutter the water running falling and flowing in and upon the same close of pasture of the same T. T. called D. C. from time to time and by the whole time abovesaid was continually accustomed and wont to run through the same close of the same T. C. called H. otherwise H. and from thence unto the said common river called the Fosse and the same T. T. being so seised of the same close of pasture called D. C and of the same Gutter in F. aforesaid and the same T. T. being likewise seised of the same close of pasture called H. otherwise H. in F. aforesaid the same T. C. before the purchasing of the originall writ of the assize aforesaid to wit the 21. day of May An. Rs. nunc 5. a certaine banck in and upon the same gutter in the same close of the same T T. being unjustly and without judgment made erected and exalted And the watercourse into the gutter aforesaid from the same close called D. C. falling and descending and being wont to fall and descend into the gutter aforesaid by the exalting making and erecting of the banck aforesaid obstructed and stopped by reason whereof the water in and upon the same close of the said T. T. called D C. from the time of the exalting making and erecting of the banck aforesaid running falling and descending from the same close of the said T. T. by the ancient course through the said close of the said T. T. And from thence unto the said common river called the F. aforesaid as before it was wont accustomed to run and to be convayed is hindred where by the water by the gutter aforesaid out of and from the same close of the same T. T. by its ancient course descending and running untill the banck aforesaid newly exalted back againe in and upon the said close of the said T. T. doth reflow and over-flow the same Close whereby that close by the overflowing aforesaid became Sterrill and unfertill And the same T. T. the Profit of his close by a long time to wit from the said 21. day of May untill the day of purchasing of the originall Writ of the assize aforesaid to wit the 22. day of June An. Rs. nunc 5. abovesaid lost to the nocument of the Free tenement of the same T. T whereupon before the same Justices it was considered that the hurt aforesaid by the view of the Recognitors aforesaid should be removed and that the banck aforesaid should be cast downe Iudgmenn in an assize of nusans so that the water aforesaid by the gutter aforesaid through the same close of the same T. T. called H. otherwise H. and from thence unto the common River called the Fosse in the same County of Lincolne into its ancient course at the charge of the said T. it should be reduced and that the said T. T. should recover against the same T.C. his damages to eight pounds by the Recognitors of the Assize aforesaid assessed and also 8 l. and ten shillings to the same T.C. at his request for his costs and charges at the discretion of the Justices here adjudged of encrease which sayd Damages in the whole do amount to
sixteen pounds and ten shillings The record of the Assize certifi d into the Bench. and that the same T.C. should be thereof in mercy as by the Record and proceedings therein the Justices of the said Lord the King here to wit at Westminster at the command of the Lord the King sent and in the same Court here before them remaining manifestly appeareth Execution notwithstanding of the judgement aforesaid yet remaineth undone and the same T.T. is dead as by the information of T. T. Esquire son and heir of the said T.T. his Father and Executor of the Testament of the said T.T. his Father the King understandeth and because c. that by honest c. he should make known to the same T.C. that hee should be here in 8. Sancti Michaelis to shew if any thing c wherefore the same T. T. the son Execution upon the judgement aforesaid ought not to have if c. At which said 8. Sancti Michalis Adjournment untill Mens Michaelis ANd now here at this day came as well the same T.T. the Son by E. S. his Attorney as the same T. C. premonished c. by I. A. his Attorney and the sheriff now returneth that he had made known to the said T.C. of being here at this day to shew in Forme aforesaid c. by M. H. and E. H. honest c. and hereupon the same T.T. son and heir bringeth here into Court the Letters Testamentary of the said T.T. his Father by which it appeareth to the Court here the same T. T. the son to be Executor of the Testament aforesaid and thereof to have the Administration c. And as Son and heir of the said T. T. his Father prayeth that the Nusance aforesaid by the view of the Recognitors aforesaid may be removed and that the banck aforesaid may be cast down c. so that the water aforesaid by the gutter aforesaid through the same close of the same T.C. called H. and from thence unto the common River called Fosse in the said County of Lincoln into its ancient course at the charges of the said T.C. may be reduced and as Executor of the Testament aforesaid prayeth Execution for the Damages aforesaid to be adjudged unto him c. ANd the same T.C. nothing to hinder the Execution of the judgement aforesaid sayth whereby the same T. T. the son remaineth against the same T.C. therein without defence N. l. dic Therefore it is considered that the said T.T. son and heir of T.T. his Father and as Executor of the Testament aforesaid have Execution of the judgement aforesaid against the same T.C. in forme aforesaid given c. P 21. Iac. rot 1816. Brownlow Norff. ss Entry of a Sci. fac for the Tenant in a wâ—it of dower to have execution of the lands to the vaâ—ue c. of the third part recovered in dower after seisin hod af the third paâ—t demanded for the demandant against the Tenant It was commanded the sheriff whereas Ioane Morrell widdow who was the wife of John M. Gent. lately in the Court of the Lord the King now here to wit at Westminster had demanded against Robert Long Gent the third part of one Messuage c. with the Appurtenances in H. as her Dower which hapned to her out of the free Tenement which was of the said I her late husband by writ of the Lord the King Dedo te unde nichil habet And the same Robert in the same Court of the Lord King here called Iohn N. Gent. summoned in the County aforesaid to warrant against her which said Iohn M. summoned afterwards in the Court of the Lord the King here made default by which it was then considered in the same Court of the King here in the Terme of Saint Michael Anno Regis nunc 18. that the said Ioan should recover her seisin against the same Robert of the third part aforesaid with the appurtenances and that the same Robert should have of the third part of the said I. N. to the value of the third part aforesaid with the Appurtenances by default of the sayd I. N. and although the same Ioan hath obtained her seisin of the third part aforesaid with the appurtenances by vertue of the judgement aforesaid neverthelesse the same Robert of the third part of the same I. N. to the value of the third part aforesaid hath not attained and because c. that by honest c. he should make known to the said I. N that hee should be here at this day to wit A Die Pas in â—unam mensem to shew if any thing c. wherefore the same Robert of the third part of the same I N. to the value of the third part aforesaid with the Appurtenances according to the Forme of the Recovery aforesaid ought not to have c. And now here at this day came the same Robert by Luke Constable his Attorney and offered himselfe the fourth day against the said I. N. in the same plea and he being solemnly called came not and the sheriff now returneth that he by vertue of the Writ aforesaid to him directed made known to the same I.N. of being here at this day to shew in form aforesaid by Iohn Doo and R. R. c. Therefore it is considered that the same Robert have Execution and seisin against the said I.N. of the lands of the said I. N. to the value of the third part aforesaid with the appurtenances by default c. and hereupon the same Robert prayeth a Writ of the Lord the King to be directed to the sheriff of the County aforesaid to cause to be made to him full seisin of the Lands of the said Iohn N. to the value of the third part aforesaid with the appurtenances to hold to him in severalty by metes and bounds and it is granted to him returnable here in Crastino sancti Trinitatis c. T 21. Iac. rot 3360. Brownlow Dorset ss Sci. fac sued by the administrators to have Execution upon a judgement had by them as administrators Hurding and Martin Admistrators of Martin sue out a Scire facias upon a judgement had by them as Administrators M. 18. Iac. against Starr for fourteen pounds as for six pounds and have Execution by default without shewing the Letters of Administration Quaere for they brought them into Court upon the first declaration H 21. 21. Iac. rot 3150. Gulston Otherwise as it appeareth in Mich. Terme Anno 21. Entry of a Sci. fac against the sheriff to render to the plaintiff so maâ— catrell as were replevied by him by pledges for that the pledges are insufficient Quaere whether such writ ought to be brought in Middlesex where the record of the recovery remaineth or where the Testat Sci. fac is to wit in the county of Surrey 18 E. 4. 18. and 22. 9 H. 6. fol. 42. 15 24. 19 2 H. 6. 15. 21 H. 6. 40. 4 H. 7. 67. 10 H 7. 11. 3
Henr 6. Fitzh processe 72. The great question was whether the plaintiff should have such a Scire facias against the sheriff or a writ of Detinue but it was not adjudged but by the consent of the parties the demâ—urrer was waived and issue taken Note that in the very case there was a non suit at Surrey Assizes upon issue taken upon the avowry for damage feasant and such issue is not expressed in the writ for which the writ is not good Quaere tamen Note where the pledges were sufficient at the time of the taking c. and afterwards in the Terme it was tried at the bar and found for the Defendant notwithstanding that the plaintiff gave in evidence that one of the pledges was insufficient because he should have replyed that I.S. one of the pledges was not sufficient at the time of the taking c. Iac. rot 2752. It is thus contained Surr. ss It was commanded the Sheriff whereas Edmund Travers was summoned to be in the Court of the Lord the King now before his Iustices here to wit at Westminster to answer Rich. Ray of a plea wherefore he the thirtieth day of August Anno of the Lord the King now of England the nineteenth at Deptford in a certain place there called H. took the cattell to wit three Geldings four Oxen five Cowes seventy sheepe and one Calfe of the same R. and them unjustly detained against sureties and pledges c. of which said taking and unjust detaining of the cattel aforesaid the same Richard Raye another time to wit the one and thirtieth day of August Anno 19. abovesaid without our writ levied a certain plaint against the same Edmond Travers before R. M. Knight late Sheriff of the county of Surrey in his County Court then held at Guildford in the same County of Surrey and then and there in the same County Court aforesaid found to the then sheriff of the sayd County of Surrey Pledges as well to prosecute his plaint as for the Return of the cattell aforesaid to the same Edmund or the price of them if returne of them should be adjudged to the said Edmund to wit certain R.R. and R.K. upon which said pledges the same then sheriff of Surry afterwards to wit then at the petition of the said R.R. the cattell aforesaid according to the Law and Custome of the Realm of the Lord the King of England to the same Richard Raye caused to be replevied the Record of which said plaint afterwards by Writ of the said Lord the King to the sheriff of the sayd County of Surrey in due manner sent here to wit at Westminster aforesaid was had and the same R. Ray afterwards in the same Court of the Lord the King here being solemnly called came not but made Default by which afterwards to wit in Michaelmas Terme Anno 19. abovesaid in the same Court of the Lord the King here it was considered that the same Richard Ray and his pledges to prosecute should be thereof in mercy let the names of the pledges be enquired of and that the same Ed. Travers should go thereof without day c. And that he should have Return of the Cattell aforesaid whereupon by writ of the said Lord the King it was commanded to the late sheriff of Surrey that he should without delay make returne of the cattell aforesaid to the said Edmond Travers and should not deliver them at the complaint of the sayd Richard Ray without the writ of the said Lord the King which should make expresse mention of the said judgment and in as much as that precept of the Lord the King should be executed he should make to appear to the Justices of the Lord the King here to wit at Westminster in Cro. sancti Trinitatis Anno Regis nunc 20 And the same late sheriff of Surrey to the Justices of the said Lord the King here to wit at Westminster aforesaid at that day returned that before the coming of the said writ to him therein directed the cattell aforesaid were eloyned by the same R. Raye to places to him unknown so that hee could not make returne of the cattell aforesaid to the said Edmund Travers as by the said writ to him it was commanded c. whereupon it was commanded to the same Sheriff of Surrey that of other cattell of the said R. Ray to the value of the cattell aforesaid first taken hee should take in Withernam and should deliver them to the said Edmund Travers to keep to him untill he could cause to be returned to the said Edmund Travers the cattell before taken and that he should put by sureties and safe pledges the same R. Ray that he should be before the Iustices of the said Lord the King here to wit at Westminster Tres Trin. then next following to answer as well the said Lord the King for the contempt as to the said Edmund Travers for the damages and injuries to him in this behalfe done and the said sheriff of Surrey to the same Iustices of the Lord the King at Westminster at that day returned that the same R. Ray had no goods nor chattells in his Bayliwick which he could take in Withernam nor had any thing in his bayliwick by which he m ght be attached according to the Exigency of that writ as by the Record and proceedings therein in the same Court of the Lord the King here remaining manifestly appeareth whereupon the sayd Lord the King to the same then sheriff by another writ of his had commanded that by honest c. he should make known to the same R. R. and R. K. his pledges that they should be here at this day to wit in Cro. Animarum then next following to shew if any thing c. wherefore the cattell aforesaid ought not to be delivered to the same Edmund Travers for the same cattell of the same Richard Raye by the same Edmund Travers so before taken and now by him eloyned as they as aforesaid became pledges And now here at this day came the said Edmund Travers by Henry Millet his Attorney and offered himselfe the fourth day against the same R.R. and R. K. pledges in the plea aforesaid and they being solemnly called came not and the sheriff now returneth that they have nothing c. nor are found c. And whereupon the same Edmund Travers of having the Return of the cattell aforesaid hath been a long time delayed wherefore he supplicateth to the said Lord the King to exhibit Iustice to him and that the statutes of the Lord the King of his Kingdom made for the bettering of the same may remain stable the Kâ—ng will for the benefit of his Leige people by speediest remedies consonant to the same Statutes be assistant The sheriff is commanded that by honest c. he make known to the said R. M. late sheriff of the same County of Surrey who took the pledges aforesaid in form aforesaid that he should be here at this day A
make knowne to the same Iohn that he should be here at this day to wit 8. Hill to shew if any thing c. wherefore the same Thomas execution against him for the said 20 l. the arreareges of the yearly rent aforesaid after the judgment aforesaid given as aforesaid being in arreare ought not to have according to the Form of the recovery if Judgment Nota bene P. 26. and 27. H. 8. rot 359. M. 29. and 30. E. rot 1024. hil 7 H. 8. rot 526. tiel judgment that Pl. have execution de arreragis tam tante diem impetr brev de Sci. fac qu. post incursis c. And here now at this day came the same Thomas by George N. his attorney and offered himselfe the fourth day against the said Io. in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath nothing c nor is found c Therefore it is considered that the said Tho. have execution against the said Iohn aswell of the said 20 l of arrearages of the yearly rent aforesaid after the judgment aforesaid given and before the day of the purchasing of the same writ of Scire fac as of 40 s. of arrearage of said yearely Rent after the day of purchasing of the same writ of Scire fac incurred which said arreages in the whole doe Amount unto twenty two pounds by default c. T. 22. Eliz. Dyer fo 377. Pl. 28. record T 24. Eliz. Rot. 1856. Forde London ss It was commanded the sheriffs that they should not omit for any their liberties but that they should take Iohn Davis late of Scire fac to take baile where one comes to the bar and pleads matter in discharge of an utlawry c. utlawed in London ter die c. at the suite of Thomas Jurdaine in a plea of debt c. and safely c. so that they should have his body here at this day to wit in Cr. S. Tri. to do and receive what the Court of the Lady the Queen here shall consider of him in this behalfe c. And now here at this day came the same Iohn in his proper person and the sheriffs now retorne that they tooke the body of the same Iohn and the same have now ready hereupon the same I. so taken and brought to the Bar saith that he ought not to be injured in this behalf and that he by the Law of the land ought not to be charged with the said utlawry because he saith that he at the day of the originall writ of the said Thomas and the day of publishing of the utlawry was conversant and commorant in the parts beyond the Seas Allegation that he lived beyond Sea the day of publishing of the utlawry to wit at the City of Valencia in the parts of Spain without this that the same daies or any of them was commorant or conversant at L. Reg. aforesaid in the same County of Dor. as by the writ aforesaid is supposed For which the utlawry aforesaid against the same John in form aforesaid published and had is altogether void and of no force nor effect in Law And this he is ready to veryfie whereupon he prayeth judgment and that he from the utlawry aforesaid quiet and discharged may be dismissed from the Bar here c. And because it is expedient and needfull that the said T. for his interest in this behalf be premonished before it be further proceeded in to discarge the same Io. from the utlawry aforesaid The sheriffs are commanded that by honest A Scire fac to premonish the party for his Interest c. c. they should make knowne to the said Thomas that he be here tres Tri. to shew if any thing c. wherefore the same I ought not to be discharged from the utlawry aforesaid and hereupon W.W. of c. Merchant and I.B. of L. c. undertook to have the body of the same I here at the same Term so from day to day and at every day of the plea until the plea aforesaid should be ended and judgment therein should be given to wit each of them body for body Bayle body for body c. and the same Iohn Davis assumed for himself to be then here and at every day of the plea under the penalty of 10 l. which said 10 l. the same I. D. acknowledgeth to be made and levied of his Lands and Chattells to the use of the Lady the Queen to whose hands soever c. it shall happen the said Iohn Davis at the same Term or at any other day to him by the Court here in the premisses to be prefixed to make default or not to prosecute his Suit in this behalfe with effect At which day here came the said Iohn in his proper person And the sheriffs now retorne that the said Thomas Jurdaine hath nothing c. nor is found c. therefore as before the sheriffs are commanded that by honest c. they should make knowne to the said Thomas that he be here Men. Mich. to shew in Forme aforesaid Alias Scire fac awarded c. and in the interim the same Iohn Davis is dismissed by the bayle aforesaid c. P 12. Iac. Rot. 448. Walter Tarne of New Castell upon Tyne ss Entry of a Scire fac awarded and returned after a Capias upon statute merchamt into the Bench for the administration of the Conusce of the statute where the Conusee dyed after the capias returned Sâ—e M. 19. Iac. rot 726. P. 2. El. Dy fo 150 Pl. 49. 2. R. 3 fo 8. Pl. 16. that such a Sciâ—e fac lyeth not in this case F. N. B. fol. 13 Register of writs fo 1486 It was commanded the sheriff whereas it was latly commanded by Writ of the said Lord the King to the same sheriff that the body of I. H. late of H. in the County of Durham Knight if he were a Lay man and found in his bayliwick he should take and in prison of the Lord the King should safely keep untill he had fully satisfied to I. H. c. Gent. of 1600 l. which the same I. H. Knight the 10. day of August An. c. 8. before T. L. then Mayor of the towne of New-Castell upon Tyne and W. I. then Clerk deputed to take Recognizances of deb according to the Form of the statute merchant within the same Towne acknowledged himself to owe to the same I.H. Gent. which to him he ought to have paid at the Feast of the birth of our Lords then next to come the same to him hath not paid c. and in asmuch c. he should make appeare to the Justices of the Lord the King here to wit at Westminster aforesaid Men. Pas last past and the same sheriff to the Justices of the said Lord the King to wit at Westminster aforesaid at that day retorned that the same I. H. Knight is a lay man
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
said Debt and damages aforesaid and because we will that those things which before our Chiefe Justice were rightly acted and known to be duely executed we command you that by honest c you should make knowne to the said A. and W that they be before our justices at Westminster quinq Pas to shew if any thing c. to wit the same A. wherefore the same 160 l. by the same A. in Forme aforesaid acknowledged to be made of his Lands and Chattles and the same W. wherefore the said 80 l. by him in Form aforesaid acknowledged to be made of his lands and Chattles and to the same Richard ought not to be rendred according to the Form of the Recognizance aforesaid if c. And have you there the names c. And this writ c. Test 14. Aprillis An. c. 22. Entry of a Scire fac in an audita qâ—erela M 21. Jac. rot Brownlow ss Whereas wee were â—nformed by the great complaint of S. A. Clerk that whereas one R. B. lately in the Court to wit in Hillary Terme An. c. 19. before our Justices at Westminster had recovered against the same S. aswell a certaine debt of 12 l. as 40 s. which c. whereof he is convicted And although the same S. in execution of the Debt and Damages aforesaid by vertue of a certain Writ of ours of Capias ad satisfaciendum thereof to our sheriff of Lincolne directed by Edward Hussey Knight and Baronet late sheriff of the same County at the suit of the same Richard was taken and imprisoned and by the same sheriff out of the same prison was permitted to goe at larg whither he would and from the execution aforesaid was delivered As by the same S. by waies and meanes convenient is ready to informe Neverthelesse the same Richard for the debt and Damages aforesaid against the same S. upon the recovery aforesaid hath againe now prosecuted and unjustly hath procured the same S. for that occasion againe to be taken and hitherto to be detayned in our Prison unto the immoderate Damage and grievance of the said S whereupon he hath be sought us to adhibit to him a fit remedy And because we will not that the same S. be injured in this behalfe And being willing to doe what is just we commanded our Justices that hearing the complaint of the same S. in this behalfe and calling before them the parties aforesaid and hearing their reasons therein they cause to be done to the same S. full and speedy justice as of right and according to the Law and custom of our Realm of England ought to be done we command you that by honest c you make knowne to the said Richard that he be here c. retornable Oct. Hill Test 30. Oct. An. 21. c. Scot. 47. H 20. Jac. in Mr. Brownlowes remembrance litera B. ss Entry of a Sci fac after a Sci. fac against Ter-Tenants Whereas wee have lately by our writ we have commanded the sheriffs of London that by honest and Lawfull men of their Bayliwick they should make knowne to the Tenants of the lands and Tenements which were of F. C. late of W. c. otherwise called c. in Fee-simple from the day of S. Martin c. An. 42. Eliz. Regin which day E. G. in the Court of the said late Lady the Queen of the Common Bench at Westminster before E. A. c. by the consideration of the same court had recovered against the said F aswell a certaine debt of 24 l. as 6 l. which to the same Edmond in the same Court were adjudged c. whereof he is convicted or at any time afterwards in their bayliwick that they should be before our Justices at Westminster in Oct. Pur. S. Mariae last past to shew if they had or knew any thing for themselves to say wherefore the Debt and Damages aforesaid of the lands and tenements which were of the said F at the time of the judgment aforesaid given or at any time afterwards in the seisin of the same Tenants in your Bayliwick ought not to be made and rendred to the said Edmond according to the Forme of the recovery aforesaid if it shall seeme expedient to them and our sheriffs of London to our said Justices at Westminster at that day retorned that there were not any Tenants of any of the lands or Tenements which were of the said Francis at the time of the judgment aforesaid given or at any time afterwards who had any thing where or by which they could make knowne to them whereupon it was testified in our said Court on the behalfe of the said Edmond that there are divers Tenants of divers lands and Tenements which were of the said F at the time of the judgment aforesaid given in the County of Suff. to whom the same sheriff may make knowne Good president Therefore it was commanded to the same sheriff of Suff. that by honest and lawfull men of his bayliwick he should make knowne to the Tenants of the Lands and Tenements which were of the said F. R. in Fee-simple at the said 15. S. Martin An. 42. abovesaid that they should be before our Justices at Westminster 15. Pas last past to shew if they had or knew any thing for themselves to say wherefore the debt and Damages aforesaid ought not to be made of the Lands and Tenements and rendred to the same E. in Form aforesaid And our said sheriff of Suff. to wit W. H. Esq to our said Justices at Westminster at that day renorned that he by P. K. and L. S. honest and lawfull men of his bayliwick made knowne to certaine F. B. Esq Tenant of the mannor of P. with the appurtenances in W. in the same County of Suff. And to R. L. Gent. Tenant of the rectory of the Church of L. in the County of S. which were of the said F. B. Esq at the time of the judgment aforesaid given of being before our said Justices at Westm at that day to answer in Form aforesaid c. and that there are no other Tenants of the lands and Tenements which were of the said F. B. in his Bayliwick to whom he could make knowne and the same F. B. and R. at the same 15. Pas in our said Court appearing said that the same E. Execution against the said F. B. of the Mannor aforesaid with the appurtenances and against the same Richard of the Rectory aforesaid with the appurtenances ought not to have because they say that before the writ of Scire sac to the sheriff of Suff. directed to wit such a day and yeare one Thomas B Gent. was Tenant as of his Free Tenement of the mannor of E otherwise E. Court with the appurtenances in the County aforesaid of which said mannor with the appurtenances the same Francis Burnall at the same 15. Martin An. 42. abovesaid which day the judgment aforesaid was given was seised in his
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
Deputy sheriff of the County aforesaid in Forme of Law to be Executed c. by proclamation thereof made according to the forme of the statute c. Entry of a summons in a Qâ—ar imp with the essâ—ine and an attachment awarded for default H 2. Jac. rot 192. North. G C. Esquire by his Attorney offered himselfe the fourth day against Thomas Bishop of the Burrough of Saint Peter otherwise Peterburrough and William B. his Clarke that they permit him to present a fit person to the Church of W. which is void and belongeth to his gift c. and they came not and they had therein day to wit the same Bishop by essoine here untill in Octab. Sancti Hillarii last past and the said W. hath day therein by his Essoine here untill this day to wit in Octob. Pur B. Mariae after they were summoned c. judgement that they be here 15. Pasch c. H 10. Jac. rot 20. Wollaston Eber. ss Speciall entry of a summons in quare Imp. and the she iff returns tarde and an al sum awaâ—ded It was commanded the sheriff that he summon by good summoners George bishop of C. E. C. Gent. I.T. Clark that they should be here at this day in Oct. Pur. B. Mariae to answer M W. Knight and F. S. Esquire of a plea that they suffer them to present a fit person to the Church of S which is void and belongeth to their gift and now here at this day came the same M. and F. by their Attorney and the sheriff to wit C.H. Knight now returneth that that writ was delivered to him so late that for the brevity of time hee could not execute it as by the said Writ it was commanded him therefore as before it is commanded to the said sheriff that he summon by good summe oners thsame Bishop E. and I. that they be here 15. Pas to answer to the same M. and F. in the plea aforesaid c. P 11. Iac. rot 20. Wellaston ss It was commanded the sheriff Entry of an al sum â—n a quar imp â—n feverance and an attachment awâ—rded against the defendant as otherwise the King had commanded the said sheriff that he should summon by good summoners G. Bishop of E. E. E. Gent. and I. T. Clerke that they should be here at this day to wit 15. Pasch to answer as above And now here at this day came the same Marmaduke by A. B. his Attorney and the said F likewise plaintiff c. the fourth day of the plea being solemnly called came not and hereupon the same M offereth himselfe the fourth day against the said Bishop E and I in the plea aforesaid and they came not and the sheriff now returneth that he had summoned c judgement they be attached that they be herein Cro. Trin. and it is commanded to the same sheriff that hee summon by good summoners the same F. that he be here at the said Terme to follow against the said Bishop E and I his plea aforesaid together with the said Marmaduke if c. Surrender H 1 Iac. rot 1699. Brownlow ss Surrender of a Philizers office see the old book of entries f 442 title de office and officers Be it remembred that the thirteenth day of February that same Terme came here into Court Edward Pytt Knight Philizer in the same Court as well of London as of the County of Middlesex Huntington and Cambridge in his proper person and of his own accord surrendred into the hands of Edmund Anderson Cheif Iustice of the Lord the King of the Bench here his office of philizer aforesaid to the use of Iames Pyt Knight whom the said Cheife Iustice as the Custome is freely admitted to the same Office to hold occupy and have to him as his free Tenement according to the custome of the Court aforesaid in the whole time aforesaid used and approved The oath and presently the same Iames Pytt upon the taking of his corporall Oath as the custome is well and faithfully to behave and carry himselfe in the office aforesaid Put into possession put and constituted him into the corporall possession of the same Office to hold occupy and have the same in forme aforesaid with the Fees and profits incumbent to the said office and anciently due and accustomed c. SEE Hill 13. Iac. rot 732. the like in Ady and Maydwell H 10. Iac. rot 3279. in Gulston and Mill. T 28. H. 8. rot 511. Surrender by Pateshal Philizer of Essex and Hertford T 22. Iac. rot 2085. Surrender by the Philizer of Norfolke Lambe to Thelwall M. 28. H. 8. rot 108. T. 33. H. 8. rot 1. T. 3. and 4. Philip and Mary rot 904. T. 1. C. Reg. rot 958. Grant of the office of the Philizer of W. made by H. P. after the death of Plumstead by the Lord Hobart Supersedeas Supersedeas to a Cap. iâ— Withernam quia inconsult emanavit and aver elongat returned thereupon and a cap Withernam awarded for the Defendant against the plaintiff upon a writ of Plur. repleg Aver elongat returned upon the plur replevin Câ—pias in With rnam of the Ca tell of Defendant awarded for the plaintiff 3. El. Dyer fol. 189. pl. 12. P 8. Edwardi 4. rot 106. Surrey ss Be it remembred that the Iustistices here in Court the fourteenth day of May that same Terme delivered here to W.F. Deputy sheriff of the County aforesaid a certain writ of the Lord the King now closed directed to the said sheriff under forme of Law to be executed which said Writ the same W. opened here in Court the Tenor whereof followeth in these words Edward by the grace of God King of England and France and Lord of Ireland to the sheriff of Surrey greeting Whereas lately by our Writ as more times we have commanded you that justly and without delay you should replevy to W.W. and T. M. his cattell which I. L. took and unjustly detained as he saith or that you your selfe should be before our Iustices at Westminster 15 Trin. last past to shew wherefore you have contemned to execute our commands so often to you therein directed and then to our said Iustices at Westminster at the same 15 Tr. hast returned that those cattell aforesaid were enlarged to unknowne places by the same I. so that you could not have sight of them and that you could not replevy the said Cattell to the said W. and T. wherefore we have commanded you that you should take of the cattell of the said I in your Bailiwick to the value o the saâ—d cattell of the said W and T in Withernam and shouldest deliver them to the said W and T to be kept untill the said Cattell of the said W and T you could redeliver to the same W and T and in as much as you shall execute this our precept Pone Def. ad respondend of the taking of the cattell with a repleg fac of
the cattell fi st taken you make known to our Iustices at Westminster 15 Michaelis last past and that you put by sureties and safe pledges the same I that hee should be before our Iustices at Westminster at the said 15 sancti Michaelis to answer to the said W. and T. of the taking of the cattell aforesaid and in the mean time if you could to replevy to the same W and T their cattell aforesaid and afterwards for that it seemed to our said Iustices at VVestminster for certain causes propounded before them and them specially moving that our Writ aforesaid Quoad Cap. in VVith The writ of cap. in Withernam inconsulte emanavit therefore a Supersedeas is therein awarded The cattell of the Defendant taken and and delivered to the pl intiff in withe n. before the delivery of the sup and that he by force of the supersed cannot redeliver them for that they were eloyned Withernam post Withernam The cattell taken in Withernam eloyned before the reception of the Writ of Sup. Plur. cap. in Withernam for the Def. with a writ in the mean time to deliver the cattell first taken in Withernam of the cattel of the said I for the cattell of the said VV and T by him taken before improvisely issued out of our Court aforesaid by another Writ we have commanded you that of any cattell of the said I to be taken in VVithernam for the same cattell of the said W and T by him before taken you be altogether superseded and if you shall have taken any of the cattell of the said I in VVithernam by occasion of the premisses then you shall redeliver them to the said I without delay and inasmuch as you shall execute this our precept you shall make appear to our Justices at Westminster at the said 15 Michaelis and then our said Justices at VVestminster at the said 15 Mich. returnest that by vertue of the said Writ De Capiend in VVithernam to you before directed to wit such a day and year abovesaid of the cattell of the said I. L. four Cowes c. to the value of the said cattell of the said W. and T which I took thou have in VVithernam and that afterwards such a day and year abovesaid our said Writ of Supersedeas was delivered thereof to you and at the same 15 sancti Michaelis you certified to our Justices at Westminster that the cattell of the same I in Forme aforesaid taken in Withernam and delivered to the same W and T. you could not redeliver to the said I after the coming of the said Writ of Supersedeas according to the Tenor of the said writ of Supersedeas for that the same cattell were eloyned and yet are eloyned and transmitted by the same W. and T. to places to you unknown so that by no meanes you could have sight of the sayd cattell after the coming of the said Writ of Supersedeas and therefore we command you as more times we have commanded you that of the cattell of the said W and T in your Bailiwick to the value of the said cattell of the said I taken in Withernam you take in Withernam and deliver them to the said I to be kept untill the said cattell of the said I. taken in Withernam you can redeliver to the same I. And inasmuch as you shall execute this our precept you make to appeare to our Justices at Westminster such a day and in the mean time if you can to make redelivery to the said I of the cattell aforesaid first taken in Withernam and have there this writ Teste c. Entry of a Sup. to an Exigent and pledges de novo after the retorn of a nichil upon a cap. in Withernam awarded after averia Elongata retorned af er nonsuit of the plaintiff and before declaration in replevin T 3. Jac. rot 612. Brownlow Cornub. ss It was commanded the sheriff whereas I. H. and O. R. were summoned to be in the Court of the Lord the King here to wit at Westminster to answer I. K. Esq of a plea wherefore they took a certaine Cow of the same I. K. and her unjustly kept against sureties and pledges c. the same I. K. afterwards in the same Court of the Lord the King here to wit at VVestminster aforesaid made default whereupon it was then considered in the said Court of the Lord the King here that the same I. K. and his pledges to prosecute should be in mercy and that the said I. H. and O. should goe thereof without day c. And that they should have retorne of the Cow aforesaid whereupon it was commanded the sheriff that without delay he should retorne the Cow aforesaid to the said I. H. and O. And her at the complaint of the said should not deliver without a writ of the said Lord the King which should make expresse mention of the judgment aforesaid Reto habend awarded and in asmuch c. he should make appeare here 15. Pas last past at which day the sheriff retorned to the Justices here that before the comming of the writ aforesaid the said Cow was cloyned by the said I. K. to places to him altogether unknowne whereby he could not retorne the Cow aforesaid to the said I. H. and O. as by the said Writ it was commanded him vacca elongata retorned c. whereupon it was commanded the sheriff that of the Cattle of the said I. K. to the value of the Cow aforesaid before taken he should take in VVithernam and should deliver them to the said I. H and O. to hold to them untill he could retorne the Cow aforesaid before taken Capias in Withernam awarded Cap as for the contempt and that he should put by sureties and safe pledges the said I. K that he should be here in 15. Trin. in the second yeare of the Lord the King now to answer aswell the said Lord the King now of the contempt Nichil habet that the sheriff could take in Withernam As to the said I. H and O. of the injuries to them in this behalfe offered and that he should have here the names of the pledges and that writ at which day the sheriff retorned to the justices here that the said I. K. had no Cow in his bayliwick which he could take in VVithernam Qâ—ere if good because the Capias is not awarded before the Exigent Exigent awarded nor had any thing in his Bayliwick by which he could be attached whereby as more times the sheriff was commanded that he put in exigent the same I. K. from county to county untill c. he should be utlawed if not c and if c. then he should take him and safely c. so that he should have his body here 15. Trin. aswell to answer to the said Lord the King of the contempt as to the said I. H. O of the damage and injuries to
pregnant with his brother is past and prayed Justice to be exhibited to him so that the same Muriel come come before the justices of the Bench upon command upon VVednesday next before the Feasts of the Appostles Peter and Paul in the second year following And the same Muriel said that before to wit that she was pregnant and by the said William and well acknowledgeth that his terme of being borne is past and she expects the mercy of God and the said Peter likewise said that the terme is past and prayeth this to be allowed him And hereupon it is found that 48. weekes have passed since the first Wednesday wherein she acknowledge that her husband departed from her but afterwards she acknowledged that she was not with child but long since being sore greived with such an infirmity that she thought herâ—elfe to be with child Confession that she is not pregnant Iudgment Therefore it is considered that Peter be received as heire of the said VVilliam and may have his inheritance notwithstanding this that she made herself impregnant Et habeat brevia ad dominos suos c. hereupon came the same Peter and prayeth juâ—gment whether she ought thereof to have her dower because she to disinherit him falsely made her selfe impregnant Vtlawry P 4. Jac. rot 808. Brownlow ss It was commanded the sheriff that he should not omit for any liberty of his county but should take R. W. late c utlawed in London Entry of a non omit upon a Cap. utlagat Denbigh Vtlawry such a day and yeare at the suite of H. B. in a plea of debt if c. and safely c. so that he might have his body here this day to wit in Pas to do and receive what the Court of the Lord the King here shall consider of him in that behalfe c. And now here at this day came the said H. by â— Guy his attorney and the sheriff to wit I W. Esq now retorneth that he by vertue of the writ aforesaid to him directed commanded the Bayliff of the liberty of the Towne and liberty of Denbigh Mand. Ballio who hath the returne of al the writs and the execution of them within the liberty aforesaid which said Bayliff gave him this answer to wit that they have taken the body of the said R. and have him ready Amerciament vir Notwithstanding the said Bayliffs have not delivered his body to the said sheriff according to the strictnesse of that command but yet keep the body of the said R. under the custody of the said Bayliffs so that the sheriff could not have his body at the day and place aforesaid as it was commanded him And because it seemeth to the justices here that the said â—etorne is insufficient in Law the said sheriff Attachment awarded to the Coroners for Contempt to wit I. W Esq in mercy and fined by the Court here to 6 l. 13 s. 8 d. And it is commanded the Coroners of the county aforesaid that they attach the said sheriff so that they may have his body here in 15. Trin. to answer the Lord the King of the contempt c. Entry of the reversall of an Vilary against the Intestate prosecuted by the Administrator for defect in the return of the writ of Exigent for that three Hust were held after the return of the Exigent Letters of administration shewed Pas 36. Eliz. rot 1990. ss Afterwards that is to say 12. February An. 39. Eliz. came here into the Court one T.H. of c. and said that the same I. N. after the utlawry aforesaid against him in Forme aforesaid published died dyed instate c. And that the same T. is Administrator of the Goods and Chattels which were of the same I. at the time of his death bringeth here into Court the letters administratory of I. by divine providence Arch-Bishop of Cant. Primate and Metropolitan of all England which are dated at London 14. Feb. An. Do. 1596. which the commission of the administration of the goods and Chattles which were of the same I. at the time of his death to the same T. in form aforesaid testifie c. and prayeth the hearing of the return of the said vvrit of Exigent retorned in the Bench here against the said N. in Oct. S. Mich. and it is read to him in these words at the Hustings of the pleas of Land held at Guild-Hall in the City of London upon Munday next after the Feast of S. Dunstan the Arch-Bishop An. 38. within written the within named I N. was the first time called and appeared not At the Hustings aforesaid upon Munday next after the Feast of Boniface Bishop An Suprad the said I. was the second time called and appeared not at the Hustings of the pleas of land held in G. in the Citty aforesaid upon Munday next before the Feast of the Annunciation c. An. Supr the said I. was the third time called and appeared not At the Hust of the pleas of L. and held in Guild-Hall in the City aforesaid upon Monday next before the Feast of S. Marg the Virgin An. Sup. the said I was the fourth time called and appeared not at the Hustings of the pleas of land of the City aforesaid held c the said I. was the fiâ—â—t time called and appeared not therefore he is utlawed The answer of T. L. L. H. sheriffs that writ is above indorsed we the now she of L. have received of the laâ—e Sh. of L. the going from their Office the answer of I. W. R.G. sheriffs which being read and heard the same T H. saith that the utlawry aforesaid against the said I. in Form aforesaid publ shed and had is void in law and of no force nor effect Error for that the three Hust was hâ—ld after the day of the return of the Exigent for that that it appeareth by the retorne aforesaid that the same I. was the third time called upon Monday next before the Annunciation of the Blessed Virgin Mary which said day of Monday next before the Feast of the Annunciation c was long after the retorne of the said vvrit of Exi whereupon the retorn being seene And by the justices here fully understood it seemed to the Justices here that the allegation of the said T. is true Therefore for the defect aforesaid Judgment that the Vtlary be reversed and divers others in the retorne aforesaid it is considered that the utlawry aforesaid be adnulled vacated and altogether taken for nothing c. Pas 4. Eliz. That an utlawry was reversed for that Nota. Utlawry reversed for that the 3. proclamations upon the writ of proclamacion in a forreigne county was made that day the pes Was 5. exact upon the Exig that it appeared upon the retorne of the proclamation the third proclamation in the County of Essex was made the same day that the guinto Exactus was made upon the exigent in
the County of Lincoln and by the opinion of Court it was adjudged Male for that the proclamation ought to have been at least a Mo. before the 5. Eactus and the reason in the court was for that the retorne of the proclamation was that the defendant should yeeld himselfe to the sheriff of Lincoln which he could not do before the utlawry for that the utlawry was pronounced the same day with the proclamation ss Mich. 36. and 37. Eliz. rot 2894. London ss Entry of a travers de Comorance in an other county reversall of an utlawry pur non Comorans and possession of the attorney generall It was commanded the sheriffs that they should not omit for any liberty of their County but they should take P. L. of c. utlawed in London upon Munday next after the Feast of the Ascention of our Lord An 36. Eli. at the suite of W. G. in a plea of debt if c. and safely c. so that they might have his body here at this day to wit in Oct. S. Mich. c. to do and receive what the Court of the Lady the Queen here shall consider of him in that behalfe And now here at this day came the same P. in his proper person the sheriffs of L. novv retorne that they by vertue of the Writ aforesaid to them directed took the body of the same P. whose body they have now here present as by the said writ it was commanded them and hereupon the same P. so taken here had prayeth the hearing of the Record Alit sur Comorans in aut Uill in codem Com. Pas 2. Iac. rot 1012. of the Writ of the said Lady the Queen of Exigent whreupon the same P. at the suite of the said W. was in Form aforesaid utlawed issued And it is read unto him in these words London ss W. E. Gent by E. Y. his attorney offered himselfe the 4. day against P. L. late of c. otherwise called P. L. c. of a plea that he render unto him 200 l. which to him he oweth and unjustly detayneth c. Recital of the record of the exigent Pas 37. Iac. rot 1612. T. 3. Ia rot 651. issue fuit Comorans And he came not and as more times the sheriffs are commanded that they should take him c. and safely c so that they might have his body here at this day to wit tali die to answer the said W. in the plea aforesaid And the sheriffs now retorne that he is not found c. Therefore the sheriffs are commanded that they put him in Exigent from Hust to Hust untill c. he be utlawed if not c. and if c. then they take him and safely c. so that they may have his body here in Cr. Trin. to answer the said W. in the plea aforesaid and whereupon c. And it is to be knowne that a writ thereof the Justices here in Court that same Terme delivered to Z. deputy of the sheriffs of London in Form of Law to be executed Proclamation awarded upon the exigent c. and the sheriffs of Midd. is commanded that in his full county he proclame the same P. three severall daies according to the Forme of the statute An. 31. Eliz. thereof made and provided that the same P. render himselfe to the sheriffs of London so that the same sheriffs may have his body here at the same Terme to answer the said W. in the plea aforesaid 31. Eliz. Cap. 3. Poulton novell statuts 186. or 77 86. And it is to be knowne that a Writ thereof the Justices here in Court that same Term delivered to Z. S. Deputy of the sheriff of Midd. to be executed in Forme of the Law c. which being read and heard the same P. saith that he is injured in this behalf and that he by the Law of the Land ought not to be charged with the said utlawry because he saith that he at the aforesaid Oct. Pur. which day the said Writ of exigent whereupon the said P. was utlawed at the suite of the said W. issued out of the court here Plea that at the awarding the Exigent he was comorant in an other County Traverse was Comorant and conversant at N. within the Isle of Weight in the county of Southampton without this that he the same day or at any time afterwards was comorant or conversant at Graies Inn in the county of Midd. as by the same Record issuing forth of the said writ of Exigent is suposed and this he is redy to veryfie whereupon for that the said Writ of proclamation was not directed to the sheriff of the said County of Southampton wherein the same P. at the day of issuing forth of the said Writ of Exigent was Comorant and Conversant as of right it ought to have beene directed according to the Form of the statute aforesaid the same P. prayeth judgment and that he from the Court here of the utlawry aforesaid may be acquitted discharged and set at large And because it is expedient and necessary Scire Fac. awarded to premonish the Pla. that the said W. for his interest in this behalfe be premonished before it be further proceeded to discharge the same P. from the utlawry aforesaid It is commanded the sheriff of London that by honest c. they make knowne to the same W. that he be here in Cr. Anim. to shew if any thing c. wherefore the same P. ought not to be discharged from the said utlawry c. and hereupon the same M. W. of c. and R. C. The defen is bayled the entry of the Recog Note the form of the recog of c. undertook and each of them did undertake for the same P. to have his body here at the said Term and so from day to day at every day of the plea untill the plea aforesaid be determined And judgment thereupon given to wit each of them body for body and the said P. in his proper person assumed upon himself to be then here at every day of the plea under the penalty of 10 l. which said 10 l. the said P. acknowledged to be made and levied to the use of the said Lady the Queen of his goods Return of a Scire Fac and the Pl. appears by Attorney and Chattells to whose hands soever they shall come and if it happen the same P at any day of the plea by the Court here to be prefixed to make default or not to prosecute his suite with effect c. At which said Cr. Anim came here aswell the said P in his proper person as the same W. premonished c. by E. Y. his attorney and hereupon the same P. as before saith that he at the said Oct. Pur. which day the said Writ of Exigent whereupon the same P. was utlawed at the suite of the said W issuâ—ng out of the Court here Count against
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
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
whereas in truth Martine Lumnly was not then sheriff of the said City but certaine Martain Lumnley and the said Peter Probey were then sheriffs of the said City c. M 23. and 24. Eliz. rot 339. Midd. ss For that the same R. by vertue of the publishing of the utlawry aforesaid Utlary reversed for that the Supersedeas upon the Exigent was entred upon Record before the Defendant was 5 exactus to wit the 27. day of Ap. An. c. came here into the court and then proved a writ of the said Lady the Queen of Super quia improvide For that the said Writ of Exigi fac whereupon the said R. is utlawed out of the Court here erroniously issued For that the said Rob. by the said I. C. his attorney at the day of the returne of the plu Cap. thereupon and alwaies afterwards before the issuing forth of the said writ of Exigi facias often times offered himselfe to answer to the said M. in the plea aforesaid By pretext whereof it is commanded to the said sheriff of Midd. that of putting in Exigent utlawing taking or in any thing molesting of the said same R by occasion of the premises he be altogether Superseded as by the said Writ of Supers entred upon Roll in the Court of the Queen in the county held 15. Pas Rot. 1020. it sufficiently appeareth And this the same I. C. for the said R. is ready to veryfie by the Record And so the utlawry aforesaid against him in Forme aforesaid published is void Whereupon he prayeth judgment and that the said R. may be quiet of the utlawry aforesaid and discharged from the court here and set at large whereupon the Record being seene and upon the oath of R. U. servant of the said I. C. of his delivery of the writ of Sup. before the publishing of the utlawry aforesaid To one T. L. then being under sheriff of the county of Mi. before I. Dyer Knight Cheife Justice here examined and also the said T. L. then present not contradicting the reception of the said writ It sufficiently appeareth to the Justices here that the allegation of the said I. C. in discharge of the said R. from the utlawry aforesaid is true therefore it is considered that the said utlawry be adnulled and altogether taken for nothing And that the said R. upon that occasion be in nothing molested or grieved but goe thereof without day c. M 19. Iac. rot 2047. Brownlow London in t B. and E. Oyer of the return of the Ex. fac prayed which being read c. onerari non because he saith that in many places of the said return is used a certaine word to wit Civit. written for this word Civit. which word Civit. so written is no word of sense nor Latine having in it any signification Eaq causa Utlaâ— reversed for this Word Civit. for Civitat H 12 Jac rot 2265 quto for quinto the utlawry reversed by Justice Hutton Hill 8. Iac. Rot. 3526. Coronator for Coronatorum H. 12. Iac. Rot. 1949 Brownl inter S. and S. exact and not written exact with a dash T. 13 Iac. Rot. 3538. ura for vra T 19. Jac. rot 635. Anino for Anno. H. 11. Ja rot 3524 praedictus for praedictis same roll mercii for marcii rot 3522 mertris for martins ad Com. Exon for ad commit Civitatis Exoniae T 13 Jac Rot. 3527 Brownlow quinto Exactus for quarto Exact 13 Jacobus Rot 2538 utlawry that it appeared not where the Castle of Leic. is Hill 12. Iac. rot 2265. T. 13. Iac. rot 3538 that there is no such Feast as Kenelim Rs. and Martiris T. 13. Iac. Rot. 635. for no returne in the Writ of Exigi fac-to warrant the writ H. 37 Eliz. rot 132. non comperuit omitted in the retorne of the Exigi fac P. 24 H. 6. rot 24. reversall for that 2. Cap. were filed and not the plures T. 9. Iac. rot 129. Crompton for that the Feast at which the first hustings were held was before the Test of the Exigi fac M 10. Iac. rot 1709. Brownlow reversal for false Lattine Vtlary of the intestate reversed by the Administrator by speciall entry in the same term in which the Utlary was reversed to wit comperuit for comperuere H. 11. Iac. rot 3522. reversall for that it appeareth not in the returne that the old sheriffs had delivered the Writ to the new M 21. Iac. rot 3059. Brownlow Norff. ss It was commanded the sheriff that he should not omit for any liberty of the County aforesaid but that he should take I. B. late of F. in the County aforesaid Gent. Executor of the Testament of I. B. late called I. B of F in the County of Norff Yeoman utlawed in the County aforesaid 6 Ap. An. 22. Eliz. at the suite of W. Gray Administrator of the goods and Chattles which were of R. G. who dyed intestate c. T 3. or 5 Car rot 531. the like for B. in a plea of debt whereof he is convicted if c. And safely c. so that he should have his body here at this day to wit in Oct. Martini to doe and receive what the Court of the Lord the King shall consider of him in that behalf Return mortues And now here at this day to wit in Oct. S. Martini the sheriff of the said County of Norff. to wit R. B. Baronet retorneth that the said I. H 12 Jac rot 829. tiel H 45 Eliz rot 2834. generall pardon pleaded by the Executor for him that died utlawed is dead And hereupon came in to the Court one R. S. of F. in the county aforesaid Gent. Administrator of the goods and Chattles which were of the said James in his proper person and saith that the said Iames after the publishing of the said utlawry to wit The 8. day of Ianuary An. 20 Rs. nunc at F. aforesaid dyed intestate c. And that the administration of the goods and chattles which were of the said I. at the time of his death by Robert Redmaine Doctor of laws c. The tenth day of Ianuary An. Dom. 1622. at F. aforesaid to the said administrator after the death of the said Iames was committed and he bringeth here into the Court the letters administratory of the said Officiall which the commission of the administration aforesaid in Forme aforesaid testifie c. whose date is the same 10. day of Ianuary An. Dom. 1622. abovesaid and for the securing of the goods and chattles which were of the said I. at the time of his death from the utlawry aforesaid he prayeth the hearing of the return of the said writ de Exigi Faciend whereupon the said Ia. at the suit of the said VVilliam was utlawed And it is read unto him in these words Norff. At my county held at the castle of Nor. within the shiere-house in the county aforesaid the 25. day of December An. Reg. 24 within written The within
named I. B. was the first time called appeared not c. Return of the Exigent which being read and heard the same administrator saith that the utlawry aforesaid against the said I. in Forme aforesaid published and had is altogether void and of no Force nor effect in law because he saith that in the retorne aforesaid whereas it is expressed the said Iames to have been called at the said first county a certaine principall word to wit Norff. betweene these words meum Tent. which should denote and declare the name of the County aforesaid is omitted out of the said return whereby no first county by the law of the land was held To which the said Iames in his life time could render himselfe to the said sheriff of No. to save himselfe from the utlawry aforesaid And for that cause and others being in the retorne aforesaid That retorne is insufficient in law And this he is ready to verifie whereupon he prayeth judgment that the utlawry aforesaid may be reversed avoided and taken altogether for nothing and that the goods and chattles which were of the said Iames at the time of his death in the hands of the said administrator to be administred may be discharged from the utlawry aforesaid and hereupon the said retorne being seen And by the Justices here fully examined and understood It seemeth to the Justices here that the utlawry aforesaid shall be reversed vacated and taken altogether for nothing and that the goods and chattels which were of the said Iames at the time of his death being in the hands of the said administrator to be administred be discharged from the utlawry aforesaid c. Another forme of reversall of an Vtlary against the Intestate by the Administrator upon the Exigent roll and not in the same teâ—me in which it was reversed T 4 Jac. rot 2990. Page London ss Hugh ap David against Williams in debt the Exigent awarded retorned 8. Mich. 4. Jan. the utlawry is entred upon the Role and afterwards the 25. day of Aprill 10. Iacobi Henry Williams administrator of the said W. Williams comes shewes his letters of administration and prayeth hearing of the writ of Exigent with the returne thereof And prayeth that the goods in his hands may be discharged from the said utlawry because the Exigent and the returne thereof are erronious And the utlawry for error was reversed And that the goods and chattles which were of the said intestate at the time of his death being in the hands of the said Henry should be discharged from the utlawry aforesaid c. Utlary reversed for that there is no such name in Baptisme M 21 Iac. rot Brownlow Norff. ss It was commanded the sheriff c. utlawry reversed by the administrator which being read c. and the administrator prayeth hearing of the Roll of the Exigent And it is read unto him c. which being read c. the said administrator saith that the record is vitious and defective in law in this to wit That in divers places of the record aforesaid is written Edmindo for this word Edmundo which said word Edmundus is a name of Baptisme and that there is not any such word Edmindus as it is written in the Record aforesaid And that in the Record aforesaid is written recuperuit whereas it ought to be written or thographically Recuperavit and not Recuperuit And in the Record aforesaid there are materiall Words omitted To wit quodam Debito in these words de quadraginta so that by the omission of those materiall words aforesaid The Record aforesaid is altogether imperfect And this the said administrator is ready to verifie by the same Record of the Term of the holy Trinity An. 16. Reg. Rot. 1297. in the Court of the Lord the King now here remayning whereupon he prayeth judgment and that the utlawry aforesaid may be reversed c. Reversall of an Vtlary for that in the body of the Record the Proclamution is directâ—d to the Sheriff of Kent but in the Margent it is written Sussex for Kent M 21. Jac. rot Brownlow Sussex ss inter Smith and T. utlawed in Com. Sussex And prayeth hearering of the Exigent Role and it is read unto him untill and it commanded to the sheriff of K. that in his full county he make proclamation to the said David c. And the proclamation in the Margent is awarded in Sussex which being read he saith that the record is vitious in it selfe to wit in this that in the body of the record aforesaid it is commanded to the sheriff of Kent that he should make proclam the said David according to the Form of the statute in this case made and provided And in the margent of the said record it appeareth that the said writ of proclamation to be adjudged to the sheriff of Sussex and so it appeareth that the record aforesaid is varying uncertaine and contrary in it selfe And that searching the writ retornable in Cro. Trin. of the sheriff of the county of Kent noe Writ of proclamation against the said David was retorned by the said sheriff of Kent whereby the utlawry aforesaid against the said D in Form aforesaid published and had is void and of no force nor effect in Law Whereupon the record being seene and the Writs of the said county of Kent of the said Cr. Trin. filed in court here being searched fully examined and understood it seemeth to the said justices here that the alilegation of the said David is discharged of the utlawry aforesaid is true c. H 22. Jac. rot 2426. Brownlow Lond. ss B. and P. at the suit of C. the utlawry reversed for that the first county was held 14. Iu. 22. and the 2. Counties was held 9. August 22. Jac. which being read and heard c. Onerari non Utlary reversed for that one month was united between the first and the second Counties because he saith that the returne aforesaid is vitious and defective in Law to wit in this that it appeareth by the said retorne that the said county at which the said John and Eliz. were first called was held the said 14. day of June an 22. abovesaid and the said county at which the said John and Eliz. were the second time called was held the said 9. day of August An. 22. abovesaid whereas in truth the said second county the 9. day of July An. 22. abovesaid being the Moneth next following the moneth of June in which the said first County was as is aforesaid held by the sheriff of the county aforesaid ought to have beene held so by the retorn aforesaid it suficiently appeareth that the said 5. counties by the sheriff said for the county aforesaid in form aforesaid held at which the said Iohn and Eliz. in forme aforesaid were called Were not held from moneth to moneth successively one after an other as by the law of the land by the said sheriff they ought to have
London It was commanded the sheriffs whereas I. N. late of c. lately in the Court of the Lord Edward late King of England the 6 Venire fac to account against Tenant in Elegit and judgment against the Tenant and reliberate awarded before the Justices of the same late King of the Common bench here by the consideration of the same Court recovered against T. D. c. aswell a certaine debt of 400 l. as 6 l. which to the same I. in the same Court of the said late King were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted And the same I. afterwards to wit the 28. day of N. An. Reg. nunc primo comming into the Court of the said Lady the Qu. now before the Justices of the said Lady the Queen of the bench here to wit P 2 3 P. M â—ry rot 926. or 126. Dyer fol 1. Pl 6. 4 H 8. at Westminster close to be delivered to him c. to hold c. and prayeth a writ thereof to the then sheriff of the said County of War to be directed which was granted to him whereupon the Lady the Queen now by her writ commanded the then sheriff of War that all good c. to hold c. and how far he shall execute that precept he should make appeare to her Justices at Westminster 15. Hillarii and that then he should have there that writ at which said 15. Hillarii R. T. Knight then sheriff of the said County of Warr. to the said Justices of the said Lady the Queen of the Common Bench here to wit at Westminster retorned that he had done execution upon the lands and Tenements which were of the the same T. the same day of the judgment aforesaid thereon given And that a moyety thereof to wit one Parke c. which amounted by the yeare in all issues besides reprizes to 62 l. the 13. day of I. An. abovesaid and delivered them to the said I. N. according to the value and extent aforesaid to hold as his Tenement to him and his assignes untill the 300 l. See the old Tenures fol 123 E according to thi writ of Ven fac for the debt and damages aforesaid be thereof levied and further the said sheriff to the said justices of the said Lady the Queen here to wit at Westminster aforesaid retorned that 105 l. in ready moneys which were of the said T. the same day of the judgment aforesaid therein given he likewise delivered to the same I. to hold to him the goods and Cattle aforesaid as his owne goods and Chattles for the residue of the said 105 l for the Debt and Damages aforesaid And because the King and Queene now by the information of the said T. B. know Suggestion that the Pla. had levied a 100 l. above the debt and damages in cutting downe woods See Fâ— tit Scire Fac. Pl. 101. P. 32. E. 3. that although the said moyety of the said Lands and Tenements of the same T. B. so delivered to the said I. M. did only extend unto 62 l. notwithstanding the said I. N. aswell of the issues and profits of the moyety aforesaid whose true value doth extend it selfe to a greater value then the extent aforesaid as also of the woods and under-woods growing upon the same moyety by the same I. N. lately cut downe and solde 150 l. above the said 406 l. for the Debt and Damages aforesaid hath now levied whereupon he supplicates the King to be by the King and Queen provided of a fit remedy A Venire fac awarded ad Computandum de Exit deterie bosci And the said King and Queen willing to do what should be just to the said T. in that behalfe commanded the sheriffs of London to cause to come here 15. Pas the said I. N. to account with the same B. of the moneys received aswell out of the issues and profits of the moyety aforesaid according to the true value of the same from the time of the delivery aforesaid as of the woods and under-woods of late growing upon the said Moyety by the same I. N. cut downe and sold And further to shew if any thing c. wherefore the said moyety delivered before to the said I. N ought not to be delivered to the same T.B. if c. Non inventu returned Testat cap. awarded to the sheriff of Mid. ad compuandum quaere de hoc The parties come by attornies Vic. retorneth a Sup. At which said 15. Pas came the said T. B. by F. M. his attorney And the sheriffs to wit T. and I. now retorned that the said I. is not found c. And hereupon it is testified in the Court of the King and Qu. here that the said I.N. doth hide and run from place to place in the county of Midd. Therefore it is commanded to the sheriff of the said County of Midd. that he take the same I. N. if c. and safely c. so that he may have his body here tres Trin. to accout and shew in Form aforesaid c. And now here at the said tres Trin. came aswel the said T. B. by his attorney aforesaid as the said I. N. by F. M. his attorney and the sheriff of Midd. to wit T. and F. now retorned that after the receipt of the said writ of Capias I. N. delivered to the said sheriff a Writ of the Lord the King and the Lady the Queen of Sup. by which Writ the same sheriff as to the taking of the same I. N. could not proceed And hereupon the same T. B. saith that after 15. Hillarii An. Regin 1. Count upon the venire facias aswell of the issues and profits of the moyety aforesaid whereof the true value did amount to a great summe of money to wit 62 l. by the yeare above the extent aforesaid as also for the wood to wit Registred judiciale fo 14. such a writ against tenant by Elegie of 1200 Oakes and 340. Beech Trees and under-woods to wit C. cart loade of underwood to the value of 200 l. late growing in the said Moyety late cut down and sold by the same I. N. Cl. above the said 206 l. levied thereof for Debt and Damnges aforesaid whereupon he prayeth judgment and that the said I. N. may account with the said T. B. c. and also prayeth delivery of the Tenements aforesaid to the said T. B. to be done c. Nil dic ANd the said I. N. defends the force and wrong when c. And nothing in bar of the action of the said T. B. aforesaid wherefore the said I. of the moneys received of the premisses aforesaid to account with the same T. nor wherefore the said moyety to the same I. N. before delivered ought not to be redelivered to the same T. saith neither sheweth whereby the same B. Iudgment that he should account and