the same T. then and there out of the Custody of my aforesaid Bailiff and against his will departed escaped and rescued himself against the Peace of our Lady the Queen now c. and after the said T. L. is not found in my Bailiwick By vertue of this Writ Otherwise I have made my certain Warrant to W. A. the Bailiff of the Hundred of H. which answereth me so that where he by vertue of the Warrant aforesaid tenth Day of S. the year of the Reign of our Lady the Queen within written the twentieth at C. took one J. S. and her to the Castle of our Lady the Queen of W. would have lead there to be safely kept thither came certain J. T. R. S. with many others unknown with force and armes arrayed in warlike manner and out of the Custody of my said Bailiff at the said W. the aforesaid J. took and carried away and so for fear of his Death suffered the said J. S. to escape and for that cause the Body of J. S. aforesaid before our Lady the Queen at the Day and Place within contained wheresoever c. I cannot have him as within is commanded me and further I certifie you that after the said tenth Day c. J. S. was not found in my Bailiwick By vertue of this Writ Otherwise Rescous and Riot I have commanded J. S. my Bailiff of the Liberty of D in the County aforesaid which hath full Return of all Writs Precepts and Warrants to him there directed which truly J. S. such a Day and Year at P. in the County aforesaid T. S. in the Writ to this Schedule annexed nominated and by vertue of a Warrant to him directed took and arrested and the same T. S. in his Custody by the occasion aforesaid then and there had and held and so being held c. one J. G. late of S. in the County aforesaid Laborer gathering many other Malefactors unknown and Disturbers of the Peace of our Lady the Queen to the number of twenty persons arrayed in a warlike manner by force and armes that is to say Swords Daggers Skeines and Staves upon the same Bailiff of mine then and there riotously made an Assault and beat him wounded him and abused him so that he dispaired of his life and the aforesaid J. C. and others c. and the said T. S. out of the Custody of my said Bailiff then and there took and rescued and where he would at large suffered him to go and the said T. S. himself out of the Custody of my said Bailiff then and there took and rescued and where he would at large suffered him to go and the said T. S. himself out of the Custody of the said Bailiff then and there likewise rescued against the Peace of our Lady the Queen c. and after the said T. is not to be found in my Bailiwick I J. H. Knight Sherif Otherwise by vertue of this VVrit have made a certain VVarrant to J. B. and P. D. my Bailifs for travelling this Torn to arrest and take R. F. to make satisfaction to the within named W. P. of Debt and Damages within specified as within I am commanded by vertue of which VVarrant the said J. B. and P. D. Bailiffs such a Day and Year at H. in the County aforesaid arrested the foresaid R. F. as by that VVarrant they were commanded and the said R. F. and one G. F. of G. in the County aforesaid with others unknown by force and armes that is with Swords Staves c. upon the said J. B. and P. D. the same Day and Year at H. in the County aforesaid made an Assault and them abused and then and there made a Rescous by reason of which Rescous the same R. F. from that Custody then and there contrary to the Arrest aforesaid himself rescued departed and escaped therefore the said R. F. at the Day and Place within contained I could not have and further I certifie you that after that Day the aforesaid R. F. was not found in my Bailiwick By vertue of this VVrit Otherwise I made and directed a certain warrant of mine to one T.C. my Bailiffe to attach the within named J.C. by force whereof the said T.C. the ninth day of J. the year of the Reigne of our Lady the Queen within written the twentieth at B. in the County within written took and arrested the aforesaid J.C. being willing to bring him before me and so intending to make and receive as in the VVrit I was commanded and afterward that is to say the said ninth Day of J. the twentieth year aforesaid The aforesaid J. C. late of B. aforesaid in the County of H. at B. aforesaid in the County aforesaid upon T.C. my Bailiffe made an Assault and from the same Bailiffe then and there flew escaped and rescued himself and after the same J. in my Bailiwick I could not find By vertue of this Writ Return to be had I certifie the Justices within written that I have made Return to the within named J.S. all those beasts of the within named W.S. which to the said J.S. were adjudged for default of the said W. to be safe and carefully kept so that they to the aforesaid W. at the complaint of the said W. by no means should be delivered without a Writ of our Lady the Queens which of the said Judgement maketh expresse mention accordding to the form of this Writ Pledges to prosecute and to have a Return thereof if Return thereof be adjudged E.D.R.F. By wertue c. I have made a Replevin to R. of the beasts within named Repleg as in that Writ I am commanded and further I certifie the within named our Lady Queen that no other Writ of replevying the within written beasts ever besides this VVrit was delivered to me c. Before the coming of this VVrit the beasts and chattells Repleg where the beasts are carried far off Otherwise of the within written K. which W.C. took and uniustly detained as it is said were driven farre oft by the said W.C. therefore I cannot replevie the aforesaid K. his beasts and Chattells c. No VVrit of replevin of the beasts within written besides this was ever delivered to my hands and further I certifie our Lady the Queen that before the coming of this VVrit the aforesaid beasts were driven farre off and conveyed to places unknown to me by the said J.T. that I can by no means replevie them for the said W. as within I am commanded Before the coming of the beasts within written were driven far off Otherwise by the within named T.C. to places to me unknown so that sight of them to make return to the within named A.H. and T.C. I could not have as within I am commanded By vertue c. such a Day Otherwise and year I have made Replevie to R.B. within named his beasts within mentioned which the within named T.M. and R.S. took
not out of the Fee Which is Court-Baron and which is Court of Record COurt of ancient Demesne is no Court of Record but it is a Court-Baron 9 Ed. 4. fol. 43. and 3 H. 4. fol. 16. the same Where the entry is to the great Court this is a Court Baron as it is aforesaid 10 Ed. 4. fol. 17. Where Suitors are Judges Suitors Judges and where false judgment lies and not errour as in Court of a Mannor Hundred and County these are Court-Barons 6 Ed. 4. fol. 3. B. Court by Commission before the Justices of Peace that is to say their Court of Sessions c. are Courts of Record 9 H. 6. fol. 3. If a man be arrested in the Cinque ports he shall have a Homine replegiando if according to the Law and custom of the Ports he be repleevable Eitzh fol. 67. A Great complaint was against the Officers of the Castle of Dover for holding Plea above forty shillings where they have but a Court-Baron and for arresting men by the body of their Warrant and Gapias but it seems they have a Charter now for it is used there to arrest 5 E. 4. f. 127. Trespasse of imprisonment the Defendant saith that there is a Court by prescription within the Tower and doth prescribe to have Capias and not that it is there Capias without prescription and justifie that by Capias c. And so this appeares to be Courts of Record 4 Ed. 4. fol. 6. Error lies wherefalse judgment is given in any Court of Record as in the common Bench or London or other City where they have power to hold Pleas by Charter or by prescription of every sum in Debt or Trespasse of the sum of forty shillings and over Fitzh fol. 20. If false judgment be given in Court of ancient Demesne the Tenant or Demandant shall have false judgement which proves that it is Court-Baron Fitzh fol. 11. Court of Pipowders is a Court of Record Fitzh fol. 18. H. Where the Courts hold Plea by prescription above forty shillings they are Courts of Record 6 Edw. 4. fol. 3. Marshalsey is a Court of Record for if they err there lies a Writ of errour 10 H. 6. fol. 13. Where they have conusance of every sum as in London and in other Cities and Borroughs are Courts of Record 2 H. 4. fol. 4.34 H. 6. f. 52. the same and 45 E. 3. fol. 1. Error lies where false judgment is given in any Court of Record as in the common Bench or in London or other City or in other place where they have power to hold Plea by Charter or prescription of every sum of forty shillings and over these are Courts of Record Fitzh fol. 20. D. Leets and Turns of the Sherif are Courts of Record for that they are for the common-Wealth Eitzh fol. 82.10 H. 6. fol. 7. It is said that the Leet is a Coutt of Record and for that he cannot wage his Law in Debt brought upon Amerciament in Leet The Kings Bench Chancery common Bench and the Exchequer are Courts of Record for that that no Judg may sit as Judge there without Letters Patents Doctor and Student f. 11. Ancient Demesne Insomuch that a Court of ancient Demesne is a Court-Baron let us see in what action brought at the Common Law ancient Demesne is a good Plea and in what not and what action may be sued in ancient Demesne and what not ANcient Demesne is no Plea in an action upon the Statute R. 2. 2. H. 7. fol. 17. It is no Plea in Trespasse but in Replegiare and Writ of Ward 46 Ed. 3. f. 1. It is no Plea in Trespasse 47 Ed. 3. fol. 22. Ancient Demesne is a good Plea in Replegiare and not in Trespasse 40 Ed. 3. fol. 4.46 Ed. 3. fol. Plaint of fresh force may be sued in ancient Demesne without a Writ of Right close as it seems but another plaint of Land cannot be sued there without a Writ of Right close 26 H. 6. fol. 5. Ke-disseisin and Post-disseisin cannot be sued in ancient Demesne for the Sherif and Coroners cannot inquire there but said that waste may be sued there by a Right close 32 H. 6. f. 29. If a man bring waste at the common Law it is said that ancient Demesne is a good Plea 7 H. 6. fol. 37. and 8 H. 6. f. 83. The Opinion of all the Justices that it is a good Plea in wast for that that by this recovery judgment is to recover the place wasted and by this the Land shall be frank Fee 1 H. 4. fol. 5. The Lord in ancient Demesne cannot hold Plea in Redisseisin and waste by Hull for that that the Sherif is Judge and not the Lord. Warranty of Charters may be sued at the common Law and ancient Demesne is no Plea for VVarranty is by Deed out of the Lâ—nd Fitzh 135. Juris utrum at the common Law ancient Demesne is no Plea for he cannot have a Right close for that that Frank-almaigne cannot be held there but the Tenure there is Socage Abridg. Ass fol. 16.6 Ed. 3. f. 20. the same Statham Detinue of Charters at the common Law to plead ancient Demesne is no Plea 13 Ed. 3. fol. 67. Statham Fitzh 136. In a VVrit of Mesne ancient Demesne is a good Plea In Quid juris clamat brought at the common Law to plead ancient Demesne is a good Plea 20 Ed. 3. Statham fol. 20. In an action upon the Statute of R. 2. brought at the common Law to plead ancient Demesne is no Plea but in account or Replegiare it is a good Plea 21 Edw. 4. fol. 3. VVhere dammages are recovered in ancient Demesne and Debt is brought in the common Bench upon the same dammages it is no Plea for the Defendant to plead ancient Demesne 39 H. 6. fol. 3. Ancient Demesne is a Court-Baron and the Suitors are Judges DEbt was brought in common Bench for dammages recovered in ancient Demesne the Defendant pleads no such record and is no Plea for it is a Court-Baron but no such recovery is good 9 Ed. 4. fol. 44. B. 50. Booke Suitors are Judges in ancient Demesne 34 H. 6. fol. 38. Na. Bre. fol. 12. the same Suitors are Judges in ancient Demesne and not the Bailifs 12 H. 4. fol. 17. Plea shall not be removed out of ancient Demesne unlesse for false Judgment 13 H. 4. fol. 16. Fitzh fol. 12. a the same and that proves that this is a Court-Baron Suitors are Judges in ancient Demesne for that it shall not be removed for that the Bailifs maintaine 3 H. 4. fol. 16. See 6 H. 4. fol. 2. Upon Pone to remove Plea out of ancient Demesne the Sherif returns that the Suitors will not send the Record by which issued a Distresse against the Suitors 18 Ed. 3. Statham False Judgment was brought in the common Bench upon a judgment given in ancient Demesne in a VVrit of Right close and though judgment was given in that in the common Bench
shall have that Fitzh fol. 11. The King shall have yeare day and wast of Lands in ancient Demesne if it be so that the Tenant have sold them against his Lords will and yet not the Lands past by surrender Stam. fol. 50. Note this is where the copy-holders in ancient Demesne have used time out of minde to sue for them by petty Writ of Right close and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit copy-hold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say to hold at the will of the Lord in these copies but to hold according to the custome of the Mannor by the Services before due and is not said there at the Will of the Lord. Ancient Demesne is Socage Tenure for they are called Sokemaines Fitzh 14. C. By what Writ Execution shall be in ancient Demesne and by what not and shall be free of Toll c. EXecution of Writs in ancient Demesne cannot be for that Execution is given by Westm 2. chap. 18. and that the Statute is if they be ejected of those Tenements they have to recover by a VVrit of new Disseisin 22 Book of Ass 45. Upon a Statute Merchant execution was awarded of Lands in ancient Demesne Br. Tit. 37. Debt against Heire if he hath Lands in ancient Demesne they shall be charged as Assets 7 H. 4. fol. 15. Those Tenants of ancient Demesne are quit of Toll and passages for Goods sold and bought in Faires and Markets and to be quit of Taxe and Tallage of Parliament unlesse they be taxed by the Parliament and to be quit of expences of Knights of Parliament and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne Eitzh 14. Court of Pipowders Let us see the nature and authority of Court of Pipowders COurt of Pipowders is a Court of Record and the Steward is Judge for that that there are no Suitors there and for that error lieth there upon erronious judgment given and not a VVrit of false judgment 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there It was held that a Court of Pipowders may be by custome in a City without Faire or Market and therefore where it was assigned for error upon a Record given in a Court of Pipowders according to the custome of the City held c. And though it be not in full Market or Faire it was adiudged no errour 13 Ed. 4. f. 8. Trespasse of Goods taken the Defendant iustifies as Bailif of the Town of Rippon by vertue of a command of execution of a iudgment given against the Plaintif in Debt in Court of the said Faire at Rippon and for that that the Plaintif did not make agreement for the Debt recovered against him within ten daies after iudgment given he makes price of the Goods by Merchants of the Town of Rippon and for that makes agreement with the party and this Justification was good 20 Book of Assise 90. It was enacted that no Steward shall hold Plea in this Court unlesse the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit Faires the fourth In Court of Pipowders the Plaintif or his Attorney shall be examined by Oath if the matter rose within the Faire and the Defendant also may pleade that this arose in a forrain place 1 R. 3. chap. 6. Debt in the common Bench against Mawd and counts that he had recovered ten Markes against the said Mawd in Court of Pipowders at Everwick and the Plaintif by Certiorare removes the Tenor of the Record in the Chancery and from thence by Mittimus into the common Bench to have execution and attachment was made upon the Originall at the ninth houre and he appears and pleaded and a Venire facias went out returnable at the third houre after the ninth and so in Court of Pipowders the processe is from houre to houre 7 H. 6. fol. 19. The book of Entries fol. 167. See there the form of the Count and Precipe of summoning in this Court and the Processe of Capias and proceeding in Debt in this Court and Debt against a Jaylor for escape in Title Debt The book of Entries fol. 18. See Scire facias to have execution upon iudgment given in a Court of Pipowders in an action of account brought there and removed into the common Bench to have execution of that iudgment And it seems breifly that nothing shall be sued here unlesse the contract or deed were made within the Precinct of the Faire or Market as it appeares above and for that Informations of penall Statutes ought not to be sued in this Court of things and Offences made out of Faires and Markets as insufficient tanned Leather carryed to be sold in Faires against the Statutes also this Court is ordained only for hasty redresse of things there during the Faire Court of Marshalsey FIRST In the booke called the Diversity of Courts fol. 110. It is said that the Court called the Marshelsey is an ancient Court of Record and made to have good government and order within the Kings House for preservation of the King and his Servants and to this Court are certaine bounds limited by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there within the Verge limited to his Graces Court that it shall not passe the space of twelve Miles to be accounted from his Lodging Fitzh 141. B. And in diversity of Courts it is said that this Court hath power to inquire of Treason Murder and Felony and to take appeales of them and also of Maymes if they be made within the Verge and between persons of the Kings House And said there also that if one of the House of the King sue another which is not of the House he shall plead to the Jurisdiction of the Court and if they will not this exception allow he shall have a VVrit of Errour and that shall be reversed in the Kings Bench Fitzh 242. A. Seek in trespasse And the Judges in this Court are the Steward and Marshall of the Kings House for in these is the order of the Kings House Note that by the Statute Articuli super chartas c. 3. that the Steward and the Marshall shall hold no Plea of Freehold nor of Debt Covenant nor of any bargain made between any of the Kings People but only of trespas made within the Kings House or other trespasse made within the Verge and of Contracts and Covenants which one of the Kings House made with another in the same House and not otherwhere And they shall plead no Plea of trespasse except the parties were arrested by them before the King departed the Verge where the trespasse was committed and
they shall plead speedily from day to day so that it may be pleaded and determined before the King depart out of the limits of the same Verge where the trespasse was done and if they cannot be determined within the limits of the Verge the Pleas there shall cease and be determined at the common Law and the Steward shall not take conusance of Debt nor of other things but of such persons only which are of the Kings House nor shall hold any other Plea by obligation and if they do any thing against this Ordinance let their doing be held for nothing see Fitzh 241. B. D. 10. H. 6. fol. 13. Action was brought upon this Statute for that the Defendant impleads the Plaintif in the Marshalsey for trespasse whereof one nor the other was of the Kings House and there it is granted by the Court that of trespasse within the Verge one or the other shall be of the House as well as of action there upon other contract Seek for it seems otherwise by the words of the Statute and it is used now the contrary diversity of Courts agrees as above see the title of 38 Brook 7 H. 6. f. 33. A VVrit was sued upon the Statute Articuli super Chartas Ed. 1. chap. 3. That none shall be impleaded in the Marshalsey if one party were not of the Kings House there did aver the Defendant vext him c. the other saith no such record Brook tit Action upon the Statute 38. That the Marshalsey shall not hold Plea of Contracts unlesse as well the Plaintif as the Defendent are of the Kings House for if it be otherwise the Defendant may plead to the Jurisdiction and if the Plaintif remove out of the Kings Service hanging the Plea the Defendant may plead that and abate the Jurisdiction and the Plea contrary if the Defendant remove out of the Kings Service and there it was held though the trespasse made within the Verge lie there between any though they be not of the Kings House contrary of Debt and Covenant and therefore seek of action upon the case there between strangers upon Assumpsit for it seems that it is a Contract 6 R. 2. Tit. 49. Br. Action upon the Statute Debt upon Recovery of Dammages before the Marshall in an action of Covenant before the Marshal that is a good Plea to the Jurisdiction that none of the parties was of the Kings House at the time c. For the Statute of Articuli super chartas cap. 3. will as above and therefore it is coram non Judice if it be otherwise 19 Ed. 4. fol. 9. By Littleton and not denied where one is out-lawed in the common Bench without Originall it is not void but errour but Judgement given in the Marshalsey between parties which are not of the Kings House is voide for they have no power to hold the Plea and if execution of that Judgement be sued the other shall have trespasse upon it Then for that that the Statute of Articuli super chartas aforesaid limits what actions shall be sued in the Marshalsey it seems that information upon penall Statutes shall not be sued there for the Attorney of the Queen nor informer shall not inform there and this is no Suite between the parties that the Statue of Artic. provides and they are no such actions and for that Mr. Poole Steward there did well to reiect the informations of penall Statutes aforesaid out of the Court and in this Court and the Court of Pipowders the Suite is J.S. complaines against J.D. and your information is Memorandum that such a day J.S. came here into the Court c. And gave the Court so to understand that c. And there is another form and where there are diverse Statutes which gives liberty to sue for penalties in any Court of Record of the King by expresse wordes yet it was never seen in any suite by information for such penalties in the Chancery Court of Wards Court of Requests for suits there are by English Bills and matters of conscience and Leet is a Court of Record of the King and yet no information shal be there and so it seems in a Court of Pipowders they do not use in these Courts English nor in Leet where the matters are by presentment of the Jury to be informed there nor in Court of Pipowders unlesse the Lord hath the panalties by the Kings Grant for in these Courts the attendance of the Kings Attorney is not requisite and who shall account and pay the King his halfe in these Courts and for that it is hard to sue information there see 44 Ed. 3. Tit. 1. Action populer B. And though that some Statutes by expresse words are That it is lawfull to sue for these penalties of Statutes in any Court of the King of Record this is to be intended in such Courts which have been used as in the Common Bench the Kings Bench the Exchequer and for that the Statute of Acton Burnell fol. 136. is That where an Extent upon a Statute Merchant is found too high it is forthwith that the extenders shall answer for this is to be intended at the day of extent and not forthwith 2 H. 4. fol. 19. So this is taken by intendment as above 8 H. 4. fol. 11. Also the Statute of Donis condicionalibus the letter is That Fine by Tenant in taile in right is nothing for that is to be taken as wise men have taken it that is to say That the Issue in taile be put to a Formedon and cannot enter 11 H. 6. fol. 19. Also the Statute of the yeare 8 H. H. 6. chap. 10. is That upon Indictment shall goe two Capias and Exigent and that the second Capias shall be with Proclamation at a place which hath addition If he be Indicted in another County then where he dwells and it be not so the Outlawry shall be void and this is taken by this Booke of 11 H. 6. fol. 19. It shall be avoided by Writ of Errour and not voyd according to the expresse words of the Statute Also it is not used where Faires or Markets are granted to grant to the Lords of that forfeiture of penall Statutes that that is not granted to the Steward and Marshall and for these causes Informations shall not be sued there Customes It is sayd that the fifth ground of the Law is particular Customes and for that Custome is inquirable by the third Article Doctor and Student fol. 20. And for that it is expedient to say some thing of Customes and first to write such Customes to you which I have seene allowed between Copy-holders within Mannours where I have been at Courts FIrst Heire Custome of some Mannor is that the youngest Son or Daughter of the first Wife being marryed a Virgin ought to inherite Custome of some Mannor is Dower That the Woman being espoused a Virgin shall have all the Copy-hold whereof the Husband dyed seised for her frank bench but
23 H. 8. chap. 15. If any be troubled by attachment or arrested by Latitat or in London or in a Court which hath liberty to hold Plea and no Count be put in within three daies after the Baile put in otherwise appeares unlesse the Court of discretion gives longer day the Defendant shall recover costs and dammages the same Law is if a Suite be discontinued after Count or that the Plaintiff be non-suited then the Defendant forthwith by discretion of the Court shall recover costs and the Statute gives Debt for the costs 8 Eliz. Chap. 2. But one arrested by Bill of Middlesex shall not recover costs though the Plaintiff do not count to be nonsuited If a matter passe against an Informer by Verdict or Judgment the party shall have costs and shall have execution by a Capias to satisfie fieri facias or Elegit but these two last Statutes do not extend to a Court-Baron 18 Eliz. C. 5. 22 H. 8. B. Tit. Costs 25. in quare impedit the Plaintiff shall not recover costs for that the dammages are great 35 H. 8. Tit. 258. 2 Ma. Tit. Costs 23. Debt by Lessor if he be non-suted or bar'd the Defendant shall recover costs by the Statute for it is upon a contract for Rent 2 H. 7. f. 13. Account the Plaintiff shall not recover costs but where the Defendant is adjudged to account and pleads Barr c. It is otherwise 9 H. 6. fol. 66. He shall not recover costs for that the dammages are tremble by the Statute 14 H. 6. fol. 13. forcible entry the same In London by act of common Councell in trespasse by force of Armes and in all other Actions personalls if the Plaintiff be non-suited or a Verdict against him and Judgment upon it or Judgement upon demur against him the Defendant shall recover his costs by discretion of the Court but if the Plaintiff sue as Executor or Administrator which is not upon his own act the Defendant there shall not recover costs and yet trespasse by force of Armes is not within the Statute 23 H. 8. chap. 14. to have costs Damages IT seems if one take my Beasts and after they return to me again I shall have trespasse for taking but upon the evidence I shall not recover the value though the value be in the Writ 11 H. 4. fol. 23. 1 H. 6. fol. 8. 19 H. 6. fol. 34. In what plaints Damages shall be recovered in Court-Barons and in what cases in Court-Barons and other Courts and in what not In plaint in nature of Assise of novell disseisin Grandfather and Great Grandfather Entry by disseisin Dower Nuper obiit Mortdancester Cozenage Replegiare Covenant Debt Action upon the Case Deceit and trespasse Damages and costs shall be recovered by the Plaintiffe Eight Marks were given in plaint of Land in Court-Baron Plowdens Commentaries f. 394. B. If any avow for Rent or doing damage custome or service if the Plaintiffe be non-suited or otherwise barred then the Avowant shall recover damages and costs as the Plaintiffe ought See 19 H. 8. fol. 8. 12 H. 8. chap. 19. Rast tit Avowry 1. Discent THen for that that the second Article is to inquire who is Tenant and what advantage the Lord shall have by the death of his Tenant It behoveth to know who is in by discent to be your Tenant that you may know of whom to have releife and who to be in Ward and who not and who shall be sayd in by discent and where by purchase and where hee shall not be in by discent Gift to one in taile remainder to the right heires of J. S. which was dead T. S. hath that as right heire and is in by purchase and shall not pay releife nor be in ward 40 Ed. 3.9 32 Ed. 3. Fitzh Discent 8. Lord and Tenant the Tenant aliens in Mortmain and the Alience is disseised and the Disseisor dyeth seised his Heire is in by discent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action but contrary of him that hath right of entry and may have action 1 Ed. 6. Tit. Mortmaine 6. Bro. Lease for life the remainder to the right Heires of J.S. the Tenant for life dies living J.S. the remainder is void and J.S. nor his Heires shall not be said in by discent to pay releife nor otherwise shall have the Land as purchasor 9 H. 6. f. 24. Perkins f. 12. the same Lease for life the remainder to the right Heires of J.S. and J.S. dies Tenant for life hath aid of T.S. Son and Heire of J.S. and though he were within age he shall not have his age and shall not pay releife nor be in ward if they hold by Knight service and be within age for that he is in as a Purchasor 11 H. 4. f. 74. Lease for life the remainder to another in taile which dies his Issue within age and after the Tenant for life dies the Issue is in by discent and if he be within age and hold by Knight service he shall be in ward to the Donor 33 H. 6. f. 5. And for that that in the said second Article of Charge you ought to inquire if any Tenant be dead who is his next Heire Let us now see where a Woman is with child at the time of the death of her Husband Tenant and by whom she shall be Judged with child and who shall be said in after the death of the Husband as Heire and shall be Tenant to the Lord and who not IF the Husband Tenant dye seised and his Wife with Child and a Brother of the Husband enter as Heire as he may and after Issue is born this Issue is Heire to the Husband and Tenant to the Lord and not the Brother though he were Tenant and Heire before the Issue was borne 41 Ed. 3. fol. 11. A man Tenant hath a Daughter his Wife with child with a Son and makes a Feoffment upon condition and dies and the Daughter enters for the condition c. and after the Son is born this Son shall not be Heire nor Tenant of this Land the same Law is where there is a Lease for life the remainder to the right Heires of J.S. Tenant for life dies the Daughter enters and after the Son is born he shall not be Heire and Tenant of that Land 9 H. 7. f. 25. Plow f 56. Daughter enters after the Death of her Father Tenant and takes profits and after the Son with which the Wife was with child is borne he may enter and have that as Heire and shall be in by discent and Tenant but hath no remedy for the profits taken by the Daughter before he was born 9 H. 6 fol. 26. If a Woman Tenant seised in Fee hath a Daughter and being with Child with a Son the Husband dies and after the Wife is ravished and consents to the Ravishor and the Daughter enters by the Statute as next of blood as
which is no Executor sues an Execution the Conisor shall have this VVrit but upon recovery by the Statute of West 2. One may have a fieri facias within the yeare to have Execution and after the yeare may have Scire facias and if a man be bound in two Statutes one after the other and he which hath the last Statute hath first Execution the other shall have a Scire facias and have execution and if the Sheriff upon a VVrit to have execution returns the Conisor dead the Conisee shall have a Scire facias against the Heire of the Coniser and the Land Tenants 25 H. 7. fol. 17. VVhere the Conisee to whom a Statute is made dyes his Executors shall have Execution without suing Scire facias for that it is given by the Statute but where one hath a Judgment and dies it is otherwise West 2. chap. 45. gives Scire facias upon Judgment and upon Fine 15 H. 7. fol. 14. Husband is bound in a Statute and Lands of his VVife were extended and after the VVife dies and the Heire of the VVife enters now may the Conisee have a Capias for the Body of the Conisor though he had not that at the first for that that the Statute gives the Lands Goods and Body and if execution be defeated by lawfull entry he shall not have a Re-extent but if the Conisor himselfe take the profits of the Conisee or that the profit be destroyed by wild-fire or water the Conisee may hold over his Tearm and the Conisor cannot enter during the Tearme of extent but shall have a Scire facias and shall not have that before the Tearme ended without aquittance or that he leave Money in the Court and where the Conisee is satisfied within the tearm by casuall profit the Conisor shall have upon that a Venire facias and upon that a Scire facias And if it be extended too low the Conisor may lay the Money in Court and recover his Land and if it be found too high the Conisee may pray that the Extenders may take the Land c. 11 H. 6. fol. 8. If the Land extended be drowned by water within the Tearm the Conisee may hold over the Tearm and the same Law where he is outed by a Guardian in Knights service 15 Ed. 4. f. 5. 22 H. 8. chap. 5. VVhere Lands delivered by reasonable extent in Execution have been recovered or lawfully diversted from the Conisee of the Satute Merchants Statute Staple or Recognisances before they have been fully satisfied and paid there Debts without fraud or covin remedy given by Scire facias against the Recognisors to levy the residue VVhere a VVoman recovers dammages in Dower in the Bench she cannot have execution there of those dammages recovered by capias ad satisfaciendum for that that the Capias doth not lye in the Originall 11 H. 7. f. 15. 2 H. 4. f. 7. The Statute of Westm 2 chap. 18. gives Elegit that is to say That the Sheriffe shall deliver all the Chattells of the Debtor except the Oxen and Beasts of the Plow and the half of his Land that doth not extend to a Court-Baron but to Courts where Process is directed to the Sherift and the Statute is also when a Debt is recovered in a Court of the Kings and Court-Baron cannot award the halfe of the Land in Execution for it is no Court of the Kings but of the Lords and he cannot meddle with Lands without the Kings Command but in other Courts Execution shall be of Lands which hath a day of Judgement given and of Goods in this Court and Beasts which the party hath day of the Execution awarded and see also execution of Recognisances and of Statutes for your Learning Execution shall be of Land which hath day of recovery 7 Ed. 3. f. 93. and 21. Ass 2. A man shall have Execution of Lands which he had day of the Judgement and not before Abridgment Ass fol. 93. 19. Ed. 2. Fitzh Execution 249. Natura brevium fol. 168. A man shall have execution in Debt of no Land but of of that which the Defendant had day of the Judgement given and of Chattels which he had day of the Execution sued Natura brevium fol. 107. and 2 H. 4. fol. 15. It seems that all the halfe of the Lands which a Recognisor hath which enters into a Recognisance day of that or after are liable in execution by Elegit 24 Ed. 3. fol. 27. tit Execution 90. Fitzh 267. D. 2 H. 4. fol. 9. Note where one is bound in a Statute Execution shall be of all his Lands which he had day of the Statute acknowledged or after in whose hands they come by Feoffment or otherwise but it is not said so of Goods and Chattells And for that they shall not have them in whose hands they come but those only which he had in his hands day of the execution awarded But if the Cognisor after the Statute acknowledged lets his Land for yeares the Cognisee may out the Lessee for the words are in whose hands they come by Feoffment or in other manner Statute of Merchants fol 48. To have execution of a Statute Merchant first you shall have a Writ of Certificate in the Chancery and there upon Certificate shall goe a Capias returnable in the Common Bench or Kings Bench and then within one quarter of a yeare that it shall be taken shall goe an Extent of all his Goods and Lands See the Statute of Merchants 37 H. 6. fol. 6. Fitzh 130. G. Statute Staple shall be certified as the Statute Merchant is and upon that shall goe a Writ of execution to take him and to extend his Lands and this shall be returned in the Chancery and not into the Common Bench or Kings Bench as the VVrit of execution upon a statute Merchant shall be and upon this shall goe a Liberate Fitz. fol. 131. D. 15 H. 7. fol. 14. Upon a statute Staple he shall have the body lands and goods by a VVrit and upon a statute Merchant First a Capias by a quarter of a yeare c. and upon the returne of that Non est inventus shall have a VVrit to have execution of his Goods and Lands Upon a statute Staple after a Certificate shall goe out a VVrit to take his body and to extend his lands in what County he will and if that be returned he cannot have Extent in another County that is to say a Liberate 2 R. 3. fol. 7. Upon a statute Staple shall goe a Capias out of the Chancery returnable in the Chancery to take his body and to seife his lands into the Kings hands and at the day of returne of that Liberate 37 H. 6. fol. 6. Note that the Statute of Merchants fol. 79. is That an execution upon a Recognizance shall not be made as it is upon a Statute Merchant but as it was used by the Law before the making of this Statute and this was to
no Mortmain Non-Tenure In so much that you sue here plaints for Coppy-holder and make protestation in nature of what Writ serves your case and many times non tenure in them is pleaded let us see where non tenure is a Plea or is a plea of parcell and not of all NOntenure is no Plea in a Nuper obiit for it is to try privity of blood 7 H. 6. fol. 8. Fitzh fol. 197. D. F. accordingly but abridgment Ass fol. 120. Non-tenure is a good Plea in Mortdancester If one plead Ancient Demesne he cannot afterwards plead Non-tenure for none may plead ancient Demesne but the Tenant 41. Ed 3. fol. 22. If one plead Non-tenure of parcell he ought to shew that he is Tenant of that But if he plead Non-tenure of al otherwise it is 8 Ed 4. fol. 6.11 H. 4. fol. 16. and 36 H. 6.6 Non-tenure is no Plea in Scire facias to have Execution upon a Fine 7 H. 4. fol. 12. Generally Non tenure is no plea in Scire facias to have Execution for that that nothing in that is demanded but Execution is demanded only But it seems one may plead speciall Non-tenure as to say that he was a Disseisor and the Disseisee hath entered upon him 7. H. 6. fol. 16. Cessavit and counts that the Tenant held a house of him by fealty and suit of Court he may deny that he is no Tenant of the whole house for he cannot tender the whole arrearages without his companion and goes in abatement of all Rast Non-tenure 1. But Non-tenure of a parcell in a Precipe shall not abate for all 21 Ed. 4. fol. 25. Non-tenure of parcel shal abate all the Writ by the Common Law and now by the Statute but for the parcell 36 H. 6. fol. 6.18 Ed. 4.41 Ed. 3.20 4. Ed. 4.33 Littleton fol. 126. Formedon If the Tenant plead Non tenure Judgement shall be that the Tenant shall go without day and after such judgment the Demandant may enter 26 H. 8. fol. 3. Attaint He which was party to the first Record cannot plead Non-tenure by Hare but his feoffee may 21 H. 6. fol. 62. Attaint against him which recovers and the petty-Jury and he saith that he was not tenant day of the Writ purchased and held good 6. Book of Assises Attaint against J.S. upon a verdict which passed for J. S. in a Writ of Entry upon disseisin and notwithstanding that J. S. pleads as Tenant yet for that that he was not Tenant day of this attaint nor ever after the Writ shal abate by Non-tenure 14 Book of Ass 2. Attaint Non-tenure was good but it was pleaded there by the Heir or other person against whom the recovery was Fitzh fol 107. L. Attaint Non-tenure hath been admitted a good Plea divers times 8 Ed 4.20 A man recovers in Court Baron in right and the other brings false judgement and recovers that and in Scire facias to have Execution he which first recovered pleads speciall Non-tenure to stay Execution and said that he shall have it 9. H. 5. fol. 11. Scire facias to have Execution if the Tenant pleads Non-tenure specially That is that he hath nothing but for years the Plaintiffe shall not have Execution at his peri II. Nuper obii In so much that Nuper obiit is a Plaint sometimes by Copi-holder of that in Court Baron something shall be said of that and where it lies and where not IT appears it lies where Lands discends to Coparceners and after the death of the Ancestor one enters into all and deforceth the other as where Grandfather Father Brother Uncle or other Ancester die seised of an estate in Fee and after their death one of their Heirs enters and deforces the other Coparceners here the Coparceners deforced shall have a Nuper obiit against the other Coparcener which deforceth them And if one Coparcener be deforced by the other Coparcener and a stranger she shall have a Naper obiit against her Coparcener and this Jointenancy shall not abate the Writ And this Writ lieth as well between Coheirs in Gavelkind as between women which are Coparceners if one deforce the other Fitzh fol. 197. A. C. Nuper obiit lieth between sisters of the half blood 3. Ed. 1 Tit. 5. Fitz. f. 179. G. Nuper obiit is maintainable where her Ancester was carried out of the same tenements the day before his death against his will by the other Coparcener and dies out of the same tenements 4. Ed. 2. Tit. 10. Fitzh 197. L. Nuper obiit lieth of a Corody 16. Ed. 2. tit 11.10 Ass 11. Br 3. Fitzh 179. If there be two Coparceners and one of them marries a Villain and the other deforce them the Villain and his wife shall not have a Nuper obiit 16. Ed. 3. tit Fitzh 17. Officer Where your Officer or Sheriffe shall be punished for executing of Processe as trespassor and where not and how he ought to carry hemself in executing Processe OFficer shall be punished in trespasse that by Fieri facias out of any Court breaks the door of a house to do execution and for that only not for taking the goods in execution 18. Ed. 4. fol. 4. It is held that an Officer cannot break the close to make a Replegiare where there is a gate unless that that be stopt the same Law is of executing Processe out of a Court Baron 21. H. 6. fol. 30. Where one is indicted of trespas and Capias awarded or a Commission to take the party indicted and he shuts his gates there the Officer may break the gates unlesse he may otherwise come to take him for this is for the King otherwise it is to execute Processe out of a Court Baron 27. Book of Assise 35. Where erronious Judgment is given in any Court the Officer which doth the execution is excused Contrary where the Court gives Judgment of Land or contract which lieth out of their jurisdiction for their trespasse or Assise lies against the Officer 22. Ass 64. Plowden 19â— There is also a Diversity where in Court Baron Judgment is given that is void or voidable for where judgment and execution is there of a thing whereof they have no jurisdiction there trespasse lies against the Officer for executing it but if Judgment be there but erronious and so not void false judgment lies and no trespasse against the Officer Plowdens Com. 394. contrary Law Where an Officer by commandment of a Bishop arrests one for holding an opinion that he would not pay Tithes false Imprisonment lies The same Law where a Justice of Peace laies his command upon one out of the Sessions without other matter and for that is Imprisoned Where one by a Capias out of the Court Baron arrests one false Imprisonment lies against the Officers 10. H. 7. fol. 17. It seems if the Sheriffe arrest one by a Capias awarded against him out of the Common Bench where there is no Originall yet false Imprisonment doth
not know By Moyl but he ought to answer that he did not worry the Sheep 41 Ed. 3. fol. 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole and the Miller take Tole trespasse by force of Armes lyes and so it is said where he takes more Tole then he ought but if one hinder people to come to my Market Action upon the case lies 13 H. 4. f. 12. Action upon the case lies for that that he hath a Leet in the Mannor Eyer and Court from three weeks c. There hath the Defendant held Court within the same Mannor and hath distrained his Tenants by great and often distresse and hath impoverisht them that they cannot pay their Rent Fitzh 94. E. the same 33 H. 6. f. 16. Action upon the case lies where his Steward comes to hold a Leet and the Defendant disturbs him 11 H. 4. fol. 45. Schoole-Master shall not have an action of the case against another for setting up another School that he cannot have so many Schollars as he had before for the profession is free and is for the Common-wealth the same law of erecting a Mill upon his own land though the Plaintiffs Tole be diminished he shall not have an action upon the case 22 H. 6. f. 14. Mill levied 48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes wast or burning a House willingly and not an action of waste Lit. 14. 21 H. 6. fol. 43. 7 H. 4. f. 8. Action upon the case lies for that that the Defendant ought to repaire a certaine wall upon the Thames and doth it not by which the land of the Plaintiff is drowned Fitzh 93. E. the same 7. H. 4. fol. 16. Account doth not lye against a Bailiff or Servant for driving his Plow in which default the Beasts perished but an action upon the case lyes for his negligence for default of good keeping 2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep and the same Law for negligent carrying my Pots or glasse and where one keeps my Horse and starves him for Meat 7 H. 4. f. 45. Action upon the case lies by the Lord of B. against him which bought and sold in the Market of B. without paying Tole and though the VVrit was Tollenam asportavit yet it was also and he denied to pay it and for that it was awarded good for the first words are void and the last sufficient 11 H. 4. f. 25. If a way belonging c. be stopped Assise of Nusance lies but for stopping of a way ingrosse he shall not have an Assise of Nusance but action upon the case 14 H. 8. f. the last VVhere part of a River or way is stopt which is narrow action upon the case lies and where the whole an Assise of Nusance an action upon the case lies where he hath no other remedy 11. Ed. 4. f. 23. It seems there that a good Pleader may frame actions upon the case for many matters which are in the Chancery 26 Book of Ass 79. Action of the case lies against the Sheriff which quashed an Essoyne erroniously for false Judgment doth not lye unlesse it were Judgement of the Suitors Fitzh 114. D. If one Person of his malice and by his false imagination labour and cause another to be iudicted falsly the party which is so indicted shall not have a Writ of conspiracy but an action upon the case against him which caused him to be so indicted Fitzh 95. D. If one play with others at Dice and hee hath false Dice and wins Money of others with false Dice Action upon the Case lyes for this deceit 13 H. 7. fol. 26. Action upon the Case lyes where one hath a Water-course by Prescription to Brew and water Beasts there hath the Defendant made Lime-pits c. 4 Book of Ass 3. See Nusance for Lever Tozaile to the annoyance of the Free-hold Action upon the Case for mis-using an Officer in his Office ACtion upon the Case lyes against a Sheriffe where the Plaintiffe hath Charter of exception that he shall be impannelled upon no Jury and shews that to the Sheriff and yet he impannels him 18 H. 8. fol. 5. 21 H. 7. fol. 22. by King Where the Sheriffe serves a Fieri facias and levies the sum and doth not returne the Writ the party may have trespasse against him for levying that the same Law if by a Capias the Sheriffe arrest one and doth not returne the Writ false Imprisonment lyes 20 H. 7. fol. 13. 21 H. 6. tit 6. B. 6 H. 6. Tit. 9. Trespasse upon the Case was brought against an Escheator because he found an Office that the party held of J. S. and he returned an Office That the party held the moity of the King in Cheife and by the Court it lyes for he and the Sheriff are Officers of Record but not Justices of Record for there it was agreed that an Action doth not lye against a Justice of Record 9 H. 6. fol. 60. the same 12 H. 6. fol. 3. 47 Ed. 3. fol. 15. Conspiracy in the nature of an Action upon the Case was brought for that that the Defendant procured and caused a false Office to be found by which the Mannor was seised into the Kings hands and he sued that out to the Losse 21 Ed. 4. fol. 43. If the Sheriffe upon a Writ of second deliverance makes deliverance to the Plaintif of the distresse and will not returne the Writ so that the Defendant may constraine the Plaintif to come and count so that he may avow the Defendant shall have remedy against the Sherif and this seems by an Action upon the Case 8 H. 6. fol. 1. Where in Precipe the Sherif returnes a Summons where he was not summoned by which hee looses his Land Action upon the Case lyes against the Sherif See that deceit lyes 19 H. 6. fol. 29. Action upon the Case lyes against the Sherifs Deputy for imbezzeling a Writ of Habeas corpora and it lyes as well against him that stirrs up another to doe it as against a doer 16 H. 6. tit 38. by Paston If the Sherif returne a man sufficient upon a Venire facias by which the next Sherif iâ— charged of the Issues he shall have an Action upon the Case against the Predecessor for he cannot returne nihil against the returne of his Predecessor 1 H. 6. fol. 1. Precipe Where the Tenant looseth his Land by default upon a false returne of the Sherif as he returnes the Tenant summoned where he was not deceit lyes but if the Summoners were dead Action upon the Case lyes 38 Book of Ass 13. Action upon the Case lyes against the Sherif where he made a Precept to one which was no Bailif of the Franchise which returnes a Jury by which this was quasht to the damages c. 41 Book of Ass 12. Deceit in the nature of an Action upon the Case lyes
in Maintenance if he justifie he shall say he shall say without that that he maintained in other manner 32 H. 6. f. 1 Trespasse of Assault and threatning the Defendant saith that the Plaintiff called him Traitor and he said thou lyest in thy throat it is no Plea for he doth not confesse any threatning 37 H. 6. f. 3 Conclude Order and form how one ought to conclude in his Plea WHere to a Bar there ought to be a Reply the Conclusion of his Plea shall be and this he is ready to prove c. and where but ready that so there it is otherwise 33 H. 6. f. 21 12 Ed. 4. f. 13 the same As in Dower the Tenant pleaded not ever seised that Dower he ought to conclude and of this he puts himself upon the Country for no Reply shall be but ready that so Where the Defendant pleads to the Issue the conclusion shall be and of this he puts himself upon the Countrey and where the Plaintiffe pleads to the Issue he shall say and he desires that this may be inquired by the Countrey 26 H. 8. f. 4. If one plead a Plea which is not traversable as no wrong or generall Issue or Record as Outlawry he need not in his conclusion averr his Plea that is and this he is ready to prove c. 36. H. 6. fol. 17. When the Defendant justifies he ought to conclude and this he is ready to prove c. and when he pleads the generall Issue he need not 6 H. 4. fol. 18. and the Book of Entries fol. 152. the same Quare impedit If the Defendant plead that it is incorporated by another name Judgement if Action this conclusion is not good but he ought to conclude Judgement of the Writ 26 H. 8. fol. 1. â—nd 4 H. 6. fol. 27. Where the Defendant saith that the Parties to the Fine have nothing but one such a one whose estate he hath he ought to conclude and this he desires may be inquired by the Countrey and the aforesaid Plaintiffe likewise it shall be entered for here needs no Reply but ready that so as above 12 Ed. 4. fol. 13. Debt upon Obligation the Defendant saith that it was endorsed upon Condition to perform Covenants of an Indenture and that part was read and part not and that he was a man unlearned there he ought to conclude Judgement if Action the same Law is where he saith it was made by constraint or that he was under age or that it was delivered as an Eserow 7 Ed. 4.3 B. he ought to say Judgement if Action 14 H. 8. fol. 30. Debt upon obligation to plead payment and delivery of that in place of an Acquittance he ought to conclude judgement if action but if he avoid that for that it is raced or interlined there it shall be concluded not his deed for where a Deed is void he ought to conclude not his Deed and where voidable or matter in Law judgment if action 1 H. 7 f. 14. Debt upon Obligation to say he is a man unlearned and this was read to him to be with Condition and so this Obligation being single is not his Deed 7 Ed. 4. fol. 5. 15 Ed. 4. fol. 17. 16 Ed. 4. f. 1. the same 9 H. 5. f. 15. and 3 H. 6. fol. 52. Debt upon a Lease to plead payment in another County or levyed by Distresse without concluding and so he ows him nothing is good 9 Ed. 4. fol. 57.3 H. 7. fol. 3. and 33 H. 6. f. 4. the same but levied by Distresse or payment in the same County is not good without concluding and so he owes him nothing Debt for Wages upon a Bargain to plead payment in the same County and conclude and so he oweth him nothing is good 40 Ed. 3. fol. 24. Debt upon a Lease by Indenture for the defendant to plead payment in the same County it is no Plea without concluding and so he oweth him nothing to the point of the Writ 1 H. 5. fol. 6. Where he ought to conclude and so not his Deed. DEbt upon a single Obligation the Defendant saith that he is a man unlearned and this was read to him with a Condition and so not his deed 1 H. 6. fol. 3 H. 6. fol. 38. Debt by a Husband and his Wife of an Obligation made to them the defendant being Executor J.S. pleads Release of the Husband made to him and the Release was of all actions and demands as Executor and all actions personalls and other demands and the Plaintiffe saith that he is a man not learned and it was read for Actions as Executor and so not his deed and good See 3 H. 7. fol. 5. and 19 H. 8. 1 H. 7. fol. 14. If the defendant confesse that once by his own Plea his deed he cannot afterwards conclude and so not his deed As if an Infant makes a deed or a man by constraint if he plead these matters to avoid that he cannot conclude and so not his deed but where an Obligation is void he ought to conclude and so not his deed as where an Obligation is made by a married Wife or a deed raced or interlined 1 Ed. 3. fol. 5. the same Where he ought to conclude according to his matter pleaded LIttleton f. 39 Six manner of men are against which if they sue Actions Judgement may be demanded if they shall be answered in the Conclusion of his Plea and first if he say that the Plaintiff is his Villain he shall say Judgement if he shall be answered second is outlawed third is a stranger born fourth is one attaint in a Premunire fifth is professed in Religion sixth is excommunicated the Defendant may plead these and demand Judgement if the Plaintiff shall be answered 34 H. 6. fol. 9 If the Tenant plead Joint-tenancy or other Plea in Abatement he ought to conclude Judgement of the Writ and where one pleads in Barr he ought there to conclude Judgement if Action 49 Ed. 3. f. 24 Account of Receit in C. the Defendant saith that C. is within the five Ports Judgement if the Court will acknowledge it and so alwayes to the Jurisdiction that is Conclusion as Parson sue for Tithes c. In divers Cases they ought to conclude in the Negative where so to the Affirmative pleads that his Plea is but as an Argument and not full Answer and also to make the matter in Law plain SCire facias against a Parson of Arâ—erages of an Annuity the Defendant pleads that before the Writ purchased he resigned and so not Parson and it is good 7 Ed. 4. fol. 16 10 H. 7. f. 4 Said in Debt upon a Lease for the Rent behinde if the Defendant pleads Payment in another County this is good without concluding and so he owes him nothing c. But if he plead Payment in the same County it is no Plea without concluding and so he owes him nothing 9 Ed. 4. f. the last 9 Ed. 4. fol. 15 Debt
he grants where he was never in the Warrs it is a good grant for the recitall is matter in deed not materiall 9 H. 7. fol. 7. If the King make a Denizen and recite that where he was borne in France where indeed he was borne in Spain this grant and making him Denizen is a good grant and the recitall is not materiall 3 H. 6. fol. 9. Where processe is miscontinued and Judgment given by default this Judgment upon miscontinuance is errour and may be assigned for errour but where it is miscontinuance of processe and the party appear and pleads and Judgment upon Verdict is given this cannot be assigned for errour See 3 H. 7. f. 8. 1 H. 7. f. 12. Errour was assigned for that it was contained in the Record that in base Court the Entry was that the Court was held upon Tuesday that is the third day of March where Munday was the third day of March and this was adjudged errour and the Videlicet c. materiall 4 H. 7. f. 6. Where one is named Executor where that name Executor is not materiall the Writ shall not abate 17 Ed. 4. f. 2. Where the Defendant in trespasse pleads that the plaintiff bargained and sold to him ten acres of Corn though he do not say ten Acres sowne with corn it is not materiall for it is usually so called and a good Plea 1 H. 7. f. 21. A certaine Memorandum was entred that is to say Memorandum that Simon Wiseman came this 31 day of November this Tearme of S. Michaell 2 H. 7. f. 11. If processe be miscontinued and the party appear and pleads to the Issue and Judgment is given there the miscontinuance is not materiall and is no Errour 9 Ed. 4. f. 42. Trespasse of a Bagg taken with Money the Defendant saith that the Plaintif was indebted to him in a certain summ and delivered that unto him for discharge and is good though he do not shew for what cause he was indebted for this is not traversable and for that is not materiall Manner and Form Manner and Form where it is materiall and where not MAaintenance The Defendant iustifies for that that he is his Neighbour and informed him of a man learned in the Law The Plaintiffe saith that he gave money the Defendant saith that he did not maintain in manner and Form and it is no Plea without answering to the speciall matter 13 Ed. 4.14 Trespasse The Defendant saith that the Plaintiffe is Villain regardant to the Mannour of D. the Plaintiffe saith he is free and not Villain in Manner and Form and Manner and Form is not material but if he be a Villain or not 13 Ed. 4. f. 4. Debt of the sale of a Horse for sorry Shillings where the Bargain was for two Horses the Defendant pleads that he oweth him nothing in Manner and Form the Jury ought to find for the Defendant for that that the Bargain was for two Horses 40. s. and Manner and Form there is materiall and parcell of their Charge and so it is in every Case where the Action varies from the Bargain 21. Ed. 4. f. 22. Debt upon sale simply the Defendant saith that the Sale was upon condition without that that the Plaintiffe sold that in Manner and Form and is good 1 H. 7. f. 13. Trespasse the Defendant justifies for that the Plaintiffe held of him by Homage Fealty Suit of Court and ten Shillings four pence the Plaintiffe saith that he held by Fealty and ten shillings without that that he held in Manner and Form and found by Verdict that he held by ten Shillings four pence and not by Homage and the Plaintiffe had Judgement for that that part is found against the Defendant and Manner and Form is not materiall 31 H. 6. f. 12. 9 H. 7. fol. 12. Entrie in Casupro viso and Counts of alienation in Fee the Defendant saith that he did not alien in Manner and Form as the Plaintiffe hath counted and found that he aliened in Tail the Demandant shall recover for Manner and Form are but words of Form here but whether he aliened or not is the substance Littleton fol. 113. Lord and Tenant and the Tenant brings Trespasse against his Lord and Justifies for that that he held of him by Fealty and Rent and for the Rent behind that he took his beasts and demands Judgement of the Wriâ— by force of Arms against him the Plaintiffe saith that he doth not hold of him in Manner and Form and though it be found that he holds by Fealty onely yet the Writ shall abate for Manner and Form is not materiall Littleton f. 113. Trespasse of Batterie or of goods taken the Defendant pleads not guilty in Manner and Form as the Plaintiffe supposeth and is found guilty in another â—own or at another day yet the Plaintiffe shall recover Littleton fol. 114. Action upon the Case by a Husband alone upon an Assâ—â—â—â—t to him by Tatam the Defendant saith he did not allume in Manner and Form and the Plaintiffe gives in evidence of an Assampsit made to his Wife and his agreement afterwards and it is good and Manner and Form is not materiall 27 H. 8. f. 29. Cessavit That the Defendant held divers Lands by intire Service he may plead that he held not in Manner and Form and give in evidence that he held by severall Service and it is good 10 H. 7. f. 24. An Array of a Pannell was challenged for that it was made by the Sheriffe Cozen to the Plaintiffe and shews how he is Cozen the other saith he is not Cozen in Manner and Form as c. and he is found Cozen but this is found to be in another Manner and yet good for Manner and Form is not materiall 19 H. 8. fol. 7. Assise the Tenant pleads a Feofment of J.S. by Deed the Plaintif intitles him without that that J.S. enfeofed him in Manner and Form and could not give in evidence a Feofment without Deed and traverse that with Manner and Form is good to avoid a Negative pregnant and in Sine assensu Cantuli the Defendant shall not say that he did not alien without the consent of the Chapter but that he did not alien in Manner and Form to avoid a pregnant Negative 22 Ed. 4. f. 4. Negative Pregnant Where a Negative pregnant may be and where not WAste The Defendant saith that he did not let to him for years it is no Plea for it is a pregnant Negative but he shall say that he did not let at all 43 Ed. 3. f. 13. Action upon the Statute of Rich. he did not enter against the Form of the Statute is good though it be a pregnant Negative for that that it traverseth the point of the Writ 31 H. 6. f. 12. Consimili Casu Issue was if he aliened in Fee or not aliened in Fee which is a pregnant Negative and allowed the reason is plain 38 H. 6 f. 3. Lord and Tenant the Tenant pleads a Feoffement
Steward and that in a Leet was presented that the Plaintif is a Felon and that he shewed his Rolls to the Justices at the Session which commanded him to shew that to the Jurors which inquired for the King which he did and saith that that is the same for by Englefield when the Defendant pleads a Conspiracy which is iustifiable he ought to shew that it is the same Conspiracy 27 H. 8. fol. 2. Annuity is brought of six and twenty shillings and eight pence the Defendant saith that he held of the Plaintif by six and twenty and eight pence of Rent which is the same Rent and is not good for it cannot be the same 33 H. 6. f. 38. Debt upon Obligation the Defendant saith it was made by threats the Plaintif saith that he let the Land to the Defendant rendering Rent and saith if he would not seal the Obligation to him for the Rent behinde he would sue him at the Common Law which is the same threatning and it is no good Plea for this is lawfull and not a threatning 16 Ed. 4. f. 7. Br. Tit. Duresse 23. Maintenance the Defendant saith that he carried the Money of him which the Plaintif supposed he maintained to his Counsel which is the same Maintenance and this is no plea for this is no Maintenance 34 H. 〈◊〉 fol. 19. Replication Where a faulty Barr is made good by Replication and where not TRespasse the Defendant pleads an Agreement to pay Money and to make Windows and said that he paid the Moneys and nothing of the Windows and the Plaintiff replied and said no such Agreement and yet the Plaintiff in Barr pleaded an Agreement and that not executed is not made good by the Replication for the Barr is not good to no intent and the Replication cannot make that good 6 H. 7. f. 10. But count where a Barr may be made good by a Plea of the other party where the Count or the Barr is uncertain as where the Plaintiff counts of an Obligation in Debt and doth not count where it was made and the Defendant pleads Release and acknowledge it and the Conisee where the place should be in is now outed and need not to have that the same Law in Trespasse where a man pleads Arbitrement and doth not shew the place where the Submission was that is not good but if the Plaintiff reply and saith that he discharged the Arbitrators before the Award now it is good for that which was ill is now confessed 10 H. 7. f. 24. 20 H. 7. f. 12. By Hussey if one plead Joint-tenancy day of the Writ purchased it is not good for that he might be sole Tenant after if the Demandant saith sole Tenant and doth not demurr it is made good by Replication 5 H. 7. f. 14. The same Law if in Debt against Executors they plead nothing in their hands day of the Writ purchased and do not say nor ever after the plea is not good but if the Plaintiff reply and say that they have Assets and that is found he shall have Judgement 3 H. 7. fol. 8. accordingly False Imprisonment the tenth day of May the Defendant saith that the Plaintiff made an affault in the Court before the Steward and for his disturbance of the Peace in the Court he was committed to ward the Plaintiff saith of his own wrong without such cause and now though the Defendant hath not shewed what day the Court was yet by the replication it is made good for now the day is not materiall 21 H. 7. f. 32. If double Plea be pleaded and the Plaintiff replies and rakes Issue of one matter and that is found he cannot after plead in arrest of Judgment for by the Replication it is made good 18 Ed. 4. fol. 17. Debt upon in Obligation the Defendant pleads a defeasance which is that if the Defendant deliver to the Plaintif in London certaine Clothes of Kersey of as good Stuff and of as good making as before these times have been made in the Town of D. in the County of Darby that then the Obligation should be void and saith that he hath delivered to the Plaintif in London the Clothes of as good c. According to the condition and this Plea is not good for that that it cannot be tried for those of London cannot try if they were as good c. But the Plaintif replied and said that the Plaintif did not deliver to us any manner of Cloth in London ready c. and now by the Replication it is good 22 Ed. 4. fol. 2. Debt the Plaintif counts upon a Lease for terme of yeares and doth not shew where it was made and the Defendant traverses the Lease and the Plaintif replies and joynes Issue and after acknowledges the action and after pleads in arrest of Judgment for that the Plaintiff hath not declared in what place the Lease was made and yet he had Judgment for when the Defendant hath in Barr gainsaid the Lease he hath admitted the count good 18 Ed. 4. fol. 17. And in Debt if I Plead the Release of the Plaintif and do not shew where it was made and the Plaintif replies and pleads not his Deed the Plea of the Defendant is made good by his Replication Br. title Repleader 38. Annuity for Counsell given and to be given and counts that he hath given to him Councell in doing his businesses and though he do not shew in what businesses it is good for if the Defendant saith that he doth not give to him Councell against the Plaintif in his replication he may shew in what things he gave Councell and so the replication hath made all good and the Count was good generally 39 H. 6. fol. 33. By Vanisor Replication may make an ill Barr good as I plead in Barr grant of Reversion and omit attornement if the Plaintif reply and confess and avoid the grant by speciall matter then is the Barr good 11 H. 7.24 By Read in Debt against one as Executor which pleads nothing in their hands day of the Writ purchased which is no Plea for that that he may have assets afterwards But if the Plaintif reply that he hath assets and that found by Verdict is good 6 H. 7. fol. 6. The same Law if the Tenant in Precipe plead non-Tenure day of the Writ and the Plaintif replies that he was Tenant And now though by the statute of 32 H. 8. chap. 30. It was enacted that if any Issue be tryed by the Oath of 12. in any of the Kings Courts of Record that Judgment shal he given any mispleading not having colour insufficient pleading or Jeofaile not worrant of Attorney put in any mis-construction or discontinuance misjoyning of Issue or other default or negligence of parties their Councellours or Attorneys had or made to the contrary notwithstanding and that the Judgement shall be in force and shall not be reversed by Writ of Errour And yet at this day one may plead in arrest
of a Jury and say that you ought not to take this Inquest notwithstanding this Statute Conspiracy against two one in the year 42 Edw. 3. hath pleaded to the Jury and the other 43 Edw. 3. pleads in Abatement and now in 48 Ed. 3. the first takes Nisiprius and cannot have it before the Court be advised if the Writ be good for though that the other hath accepted the Writ good yet if the Writ doth not lye in the case the Writ shall abate against one and the other by 43 Ed. 3. f. 10. The same Law notwithstanding the Statute of 32 H. 8. aforesaid Debt against two Fxecutors one comes at the Pluries and pleads fully administred and after comes the other by Exigent and pleads to the Writ that 3. others are Executors which have administred not named Judgment of the Writ and for that that the Plaintif hath replyed that the two alone are Executors the Defendant for that may plead this matter in arrest of taking of the first inquest upon the first Issue for by the replication to the second Plea he hath waived the advantage of the first plea where it was sufficient for all by reason of the Statute which wil that he that first shall come by distresse shall answer 7 H. 4. f. 12. Brook Executors 46. and this is good at this day notwithstanding the Statute aforesaid of Jeofailes Severall Tenancy SCire facias of a Fine of Rent Service against many Tenants one saith that The came to a House parcell of the Tenements whereout the Rent in Demand is supposed to be Issuing by it self without that that the other have any thing Judgment of the Writ and that another holds four Acres parcell of the Land whereout the Rent in demand is supposed to be issuing by it self and it is good 5 H. 5. f. 4. otherwise it is of a Rent-charge Scire facias against J. S. J. D. and three others J. S. saith that he and one of the three held parcell joyntly and that the Ancestor was dead day of the writ purchased Judgement of the VVrit and J. D. saith he held another parcell in Fealty Judgement of the VVrit and the VVrit brought against them in common was abated 38 Ed. 3. f. 20. And note also severall Tenancy of parcell shall abate all the VVrit 19 Ed. 3. tit 18. 27 H. 8. f. the last 20 Ed. 4. f. 8. Precipe against two of sixteen Acres of Land one takes the Tenancy of twelve Acres without that that the other hath c. and vouches and the other takes the Tenancy of the residue without that that the Plaintiff ought to maintain his VVrit 41 Ed. 3. f. 20 the other severall Tenancy shall abate the Writ 28 Book of Ass 25. That he which pleads several Tenancy may vouch or plead over in Barr and not conclude to the Writ See Br. title Breife 141 and 13 H 6. f. 26. Assise severall Tenancy is no plea and the same Law in other actions where no land is demanded in cercaine 24 H. 8. tit 18. But see 21 H. 6. f. 57. and 30 B. of Ass 24. Dower severall Tenancy shall abate the Writ â—9 Ed. 3. Brook 30. otherwise it is in Assise 15 Ed. 2. tit 1. 14 Ed. 3. tit Breif 276. It seems that non-Tenure and severall Tenancy in Nuper obiit against 3 is no Plea 7 H. 6.8 See 13 Ed. 1. tit 3. Fitzh fol. 197. D. F. Quid Juris clamat against three which plead severall Tenancy and it was said that it behooveth that the Plaintif should maintain his writ so he he did 12 Ed. 3. tit 9. Mortdancester against 3. which say that they are Tenants in severalty Judgment of the VVrit And for that that the Assise found that one of them was Tenant in severalty the Writ abated 8 Ed. 2. tit 2. In Per quae servitia Severall Tenancy is no plea 12 Ed. 3. tit 15. 32 Ed. 3. tit 7. Scire facias against two one makes default and the other pleads severall Tenancy in abatement and cannot for that Seisin is to be awarded of half 42 Ed. 3. fol. 8. See â— Book of Assises the 16. Precipe against two one takes the Tenancy upon him without that that the other hath anything and the other saith nothing the Plaintiff need not to maintain his Writ 37 H. 6. f. 16. 18. Entry in the quibus against two one pleads severall Tenancy and also over in Barr and the other pleads in the same manner and the Plaintiff need not to answer to the Barr be it good or not but he ought to maintain his Writ for one ought not to recover upon an ill Writ 12 H. 6. f. 4. He which pleads severall Tenancy without that that the other named with him hath any thing he need not conclude to the VVrit but vouch or plead in Barr but the Demandant shall not answer to the Barr nor to the Voucher but ought to maintain his VVrit that they are Tenants as the VVrit supposes 19 H. 6. f. 14. Traverse Where he ought not to traverse and where he ought then what thing in the Plea shall be traversed BY Hussey in Precipe if the Tenant plead that the Land is ancient Demesne and pleadable by a small VVrit of Right close and he need not take Traverse that it is not frank fee for that that the VVrit is but a Supposall 5 H. 7. fol. 13. And in Mortdancester Tenant pleads Joynt-tenancy with the Father of the Demandant and it is good without Traverse that he is sole Tenant for that that this is but a Supposall and by Tremail fol. 14. of his Horse taken the Defendant saith that J. S. sold the Horse to him in an open Market or that the Horse was waived or VVreck or such like there he need not traverse for that that this is matter in Law and if he takes Traverse he waives that matter in Law 5 H 7. f. 6. accordingly 2 Ed. 4. f. 9. Plowd 23. A. By Hussey Fairfax where a matter indeed is alleadged by way of Bar or in Covenant then this ought to be traversed in every Case unless it be for the mischeif of Trial as special Bastardy is alleadged without Traverse it is goood for mischief of Triall 6 H. 7. f. 5. otherwise it is of matter of Supposall and in Assise the Tenant pleads a Feoffment of J. S. the Plaintiff saith that this was upon Condition and that J. S. entered for the Condition broken and infeoffed him and so he confesseth and avoids and for that he ought not to traverse and in Precipe quod reddat against J. S. he shall say that he held ioyntly with J. D. not named in the VVrit and take no Traverse for that that it is but a Supposall and in Trespasse of Goods taken the Defendant saith they were the Goods of J. S. which made him and the Plaintif his Executors the Plaintif saith that the Testator devised that after his Debts and Legacies
the said C Count. and A the tenements aforesaid with the appurtenances as his right and Inheritance saying that one W H was seised of the tenements aforesaid with the appurtenances in his demesne as of Fee at the will of the Lord according to the custome of the manner aforesaid And so being seised according to the custome of this Mannor time out of mind used and allowed at the Court of the Mannor held at J within the precinct of the Mannor the aforesaid Tuesday next after the feast of P the year of the Reign of our Soveraign Lady Queen Eliz 22. by J.A. and T P deputy Bayliffes of the Mannor aforesaid in the presence of T C T S R L J M Y R. and J B are tenants of the Lord of the Mannor aforesaid surrendred into the hands of the Lord the tenements aforesaid with the appurtenances to the use and behoof of one M then the wife of the aforesaid W H to be held for tearm of her life and after the decease of the said M the aforesaid Tenements with their appurtenances should wholly remain to one J H. son of N H brother of the aforesaid W H and to the heirs of his body lawfully begotten and for defect of such Issue of the said J the aforesaid tenements with the appurtenances should wholly remain to one E H daughter of the aforesaid W to be held to her and her heirs of her Body lawfully begotten and for defect of such Issue of the said E. the aforesaid tenements with the appurtenances should wholly remain to the right heirs of the aforesaid W H and his heirs for ever By vertue of which surrender the aforesaid M was seised of the tenements with the appurtenances in his deinesne as of freehold at the will of the Lord according to the custome of the Mannor aforesaid in the time of peace time of the aforesaid Queen Elisabeth taken then the profits to the value c. And from the said M. remained right by the form of the surrender aforesaid according to the custome of the Mannor aforesaid J H by which the said J was seised of the tenements aforesaid with the appurtenances in his demesne as of fee tayl at the will of the Lord according to the custome of the Mannor aforesaid by forme of the surrender aforesaid in the time of peace in time of our Lord Edward late King of England the second taking then the profits to the value c. and from the said J after the death of the aforesaid Elizab for that both of them the aforesaid J. and E dyed without heirs of their body lawfully begotten the right remainder by the forme of the surrender aforesaid according to the custome of the Mannor aforesaid to the said R H which now demands that is to say as the son and heir of W F brother and heir of the aforesaid W H and therefore produceth this Suite Plaints of Mortdancester R. C Complains against W L and E his Wife of a Plea of Land that is to say of one house 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute his complaint in forme and nature of a Writ of the Queens Assise of the death of his Ancestor at the Common-law c. And desired processe for that to be made according to the custome of this Mannor in form and nature of this Writ aforesaid to be directed to the Bayliffes and Officers of this Court. And that the said Bayliffe and Officers by the command and precept of the Lord of this Mannor Where all are Copiholders and according to the custome of the said Mannor should summon by good summons twelve honest and lawfull men of the homage of this Mannor at the next Court to be kept within the Mannor ready to know by their Oath if R C Father of the aforesaid R was seised in his demesne as of fee at the will of the Lord according to the custome of the Mannor the day that he dyed of and in one house 30 Acres of Medow and a 100 Acres of Pasture of customary Lands of this Mannor with the appurtenances called C. within the jurisdiction of this Court the day that he dyed And if the said R. the father dyed within 50 years now last past and if the aforesaid R the son be the next heir of the aforesaid R the father and in the mean time they should view the Lands and Tenements aforesaid And that they should summon by good summoners the aforesaid W and E which hold the said lands and tenements that they should be here to hear the Recognitors and should find sureties to prosecute their Suite aforesaid J. D R R. And late here at this Court came the aforesaid W J in his own person Bar. and saith that the aforesaid R father of the said complainant was not seised in his demesn as of fee at the will of the Lord according to the custome of this Mannor day that he dyed of the aforesaid house and 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in manner and forme as by the aforesaid complainant is first supposed and this he desires might be inquired by the Assise and the said Complainant likewise Entry in the by and to whom TO this Court came J N in his proper person complaineth against T M of a Plea of Land that is to say of one house one garden and one Orchard with the appurtenances and found sureties to prosecute his suit aforesaid that is J D. and R R. and doth protest to prosecute his suite aforesaid of the aforesaid house garden and orchard with the appurtenances in J in nature and forme of a writ of entrance of our Lady the Queen in the by and to which Saying that the said house and garden with the appurtenances are his right and Inheritance according to the custome of the Mannor aforesaid and into which the aforesaid T M hath no entry but by El late the wife of W M and the daughter of R P to which aforesaid R P. and M his wife they demised which since unjustly and without judgement disseised R N by rem of the said J N within 50 years last expired c. And desires processe thereof to be made to him against the aforesaid T M according to the custome of the Mannor therefore according to the custome of the Mannor it was commanded J B under Bayliffe of the said Mannor and Officer of the Court aforesaid that according to the custome of the Mannor aforesaid he should summon by good summoners the aforesaid T M that he should be here at the next Court that is the fourth day of M. next comming here to be held to answer to the aforesaid J N of the Plea aforesaid c. The same day is given to J. N here c. To this Court came A B Citizen and Mercer of L.
Common Recovery in a Right Patent in proper person and complained against W W of a Plea of land that is of one house one garden and one Acre of land with the appurtenances in J held of this Mannor by copy of Court Roll of this Mannor and made protestation to prosecute his complaint aforesaid in the Court aforesaid in forme and nature of a Writ of one Lady the Queen of right Patent at the Common-law according to the custome of the Mannor aforesaid And found pledges to prosecute his complaint aforesaid here in the said Court that is J D and R F and desired processe thereof to be made to him against the aforesaid W W according to the custome of the Mannor aforesaid therefore according to the custome of the Mannor aforesaid it was commanded J S Bayliffe of the Mannor aforesaid and Officer of this Court that he should summon the aforesaid W W so that he should be here at the next Court of this Mannor aforesaid here that is the Saturday the fourth day of J to be held to answer the aforesaid A B of the Plea aforesaid and that he then have there the names of the summoners and this precept And the same day is given to the demandant here c. And late that is to say to this Court came the aforesaid W W in his proper person and in the full Court here gratis offered to answer to the aforesaid A B of the plea aforesaid by good summonitors that is J D and R. R according to the custome of the Mannor aforesaid and upon this lately to this Court the aforesaid A B that is in proper person came and demanded against the said W W the house aforesaid the garden and acre of land aforesaid with appurtenances in J aforesaid held of this Mannor by Copy of Court Roll as his right and inheritance and whereof he saith that he himself was seised of the tenement aforesaid with the appurtenances in his demesne as of see and right according to the custome of the Mannor aforesaid in time of peace in the time of our Lady the now Queen taking the profits to the value c. And that so is his right he offereth c. And the foresaid W W came and defendeth his right when c. and this seisin of which seisin c. As of fee and right c. and especially of the tenements aforesaid with the appurtenances and all c. And puts himself upon the homagers aforesaid of our Queen of this Court aforesaid according to the custome of the Mannor aforesaid and desires an acknowledgment to be made whether he hath more right to hold the tenements aforesaid with the appurtenances as he holds or the aforesaid A. B. to have the aforesaid tenements with the appurtenances as he above demandeth c. And the aforesaid A B demandeth license to consider thereof till the 11th houre before noon of the same day and had it c. And the same houre was given to the aforesaid W here c. And after the said A B returned here into the Court the self same day at the aforesaid houre in proper person and the aforesaid W W though he were solemnly warned came not but in contempt of the Court departed made default therefore according to the custome of the Mannor aforesaid It is considered by the Court that the aforesaid A B should recover his seisin against the said W W of the tenements aforesaid with their appurtenances according to the custome of the Mannor aforesaid to hold to the said A B and his heirs according to the custome of the said Mannor quiet from the said W W and his heirs for ever and the said W W in the mercy c. And now to this Court the Lord in execution of judgment and recovering aforesaid by his Steward granted to the aforesaid A B of the Tenements aforesaid with the appurtenances seisin to hold to him and his heirs and assignes by the Rod at the will of the Lord according to the custome of the mannor and made to the Lord then fine and fealty and then was admitted Tenant And after that is to say at the same Court the aforesaid A B then present came and the aforesaid W W surrendred into the hands of the Lord the tenement aforesaid with the appurtenances to the use and behoofe of the foresaid A B his heirs and assignes for ever and further the aforesaid W W remised and released and altogether for him and his heirs for ever quite claimed to A B his heirs and assignes in their full and peceable possession and seisin day at the making of these presents according to the custome of the said Mannor of and in the tenements aforesaid with their appurtenances the whole right title state claim interest or demands whatsoever which he ever had hath or any way hereafter may have of or in the tenements aforesaid with their appurtenances or in any parcell thereof so that neither the aforesaid W.W. nor his heirs or any other of them any right title state claim interest or demand of or in the Tenements aforesaid with their appurtenances nor in any parcel of them from hence may challenge claim or pretend unto nor shal do hereafter but from all action of the Law title claim use interest and demand thereof be for ever excluded and every of them excluded for ever by these presents And further the said W W. granteth for him and his heirs that he will warrant the tenements aforesaid with the appurtenances to the aforesaid A B and his heirs against all men for ever To this Court c. came W. T son and heir of W T Common recovery in entry in the Post dead and is admitted tenant by the rod of one Feild called C containing by estimation 8 Acres of medow with the appurtenances in J aforesaid whether more or lesse with the appurtenances to have to him and his heirs at the will of the Lord according to the custome of the Mannor aforesaid and paid to the Lord for his entrance so had c. and made his fealty c. And after to the same Court came the said W T and surrendred into the hands of the Lord in the same Court aforesaid the feild called C containing by estimation 8 acres of meddow either more or lesse lying in J aforesaid with the appurtenances whose western part abouts upon a certain way called K and the northern head thence abutting upon a close late S W to the use and behoof of M M and his heirs for ever and upon this came the aforesaid M M and desired of the Lord in the same Court to be admitted tenant to the aforesaid 8 acre of meddow with their appurtenances to have and to hold to him and his heirs for ever at the will of the Lord according to the custome of the Mannor aforesaid making and rendring thereof rent services and customes before due and accustomed to whom the Lord by
his Steward granted seisin thereof by the Rod at the will of the Lord according to the custome of the Mannor aforesaid and payd to the Lord for a fine for such an entrance for him to have 53s 4d and made to the Lord fealty and then was admitted tenant And after that is to say to the same Court came R. M. and W. M. and complained against the aforesaid M. M. of a plea of land that is of the aforesaid 8 acres of meddow and made protestatiou to follow the complaint in forme and nature of a Writ of the Queens of entring upon disseisin in the post and upon this the aforesaid R. and W.M. in their proper persons demand against the aforesaid Michall M. the aforesaid 8 acres of meddow with the appurtenances in J. within the jurisdiction of this Court as their right and inheritance and into which the said M. M. had no entrance but after disseisin which H. H. thereof and without judgment made to the aforesaid R. and W. within 30 years last past c. And whereof they say that they were seised of the aforesaid 8 acres of meddow with the appurtenances in their demesne as of fee and right at the will of the Lord according to the custome of the Mannor aforesaid taking the profits thereof to the value c. and in which c. and so bring their suit c. And the aforesaid M.M. in his proper person comes and defends his right when c. and called into warranty the aforesaid W.T. which is present here in Court in his proper person and willingly the aforesaid eight Acres of Meadow with the appurrenances did warrant unto him c. and upon this the aforesaid R. and W.M. do desire against the said W.T. Tenant by his warranty the aforesaid eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the Will of the Lord according to the custome of the Mannor aforesaid in the time of Peace in the time of the Queen that now is taking the profits thereof to the value c. and in which and c. and thereof bring their Suit c. And the aforesaid W.T. Tenant by the warranty defendeth his Right when c. and further then calls to warranty C.D. which likewise is present in Court in proper person and gratis the aforesaid eight Acres of Meadow with the appurtenances to him doth warrant c. and upon this the said R. and W.M. do desire against the said Christopher Tenant to the warranty the aforesaid eight Acres with the appurtenances whereof they say that he himself was seised of the said eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the will of the Lord according to the custome of the said Mannour at the said time in the time of Peace in the time of our Lady the Queen now taking the profits thereof to the value c. and in which c. and therefore bring their Suit c And the said R. and W.M. desire Licence of talking tother and had it c. and after the said R. and W.M. returned here into the Court to the same Court in their proper persons and the aforesaid T. though he were solemnly summoned returned not but in contempt of the Court departed and made default therefore it is granted that the aforesaid R. and W.M. should recover their Seisin against the said M. M. of the aforesaid eight Acres of Meadow with the appurtenances c. and that the said M.M. should have of the Land of the aforesaid W.T. to the value c. and that the said W.T. further should have of the Land of the aforesaid C.D. to the value c. and the same C. in the mercy c. and upon this the aforesaid R. and W.M. do desire a Precept to give to them full Seisin of the aforesaid eight Acres of Meadow with the appurtenances to be directed to an Officer of the aforesaid Court and it was granted to them retrunable here immediately c. and afterwards tha is to say the first of Aprill came here into the Court the aforesaid R. and W. M. in their proper persons and the Office of the Court that is to say R.W. and certified the Court aforesaid that by vertue of the Precept aforesaid to him so directed the said first day of April he made to have to the aforesaid R. and W.M. full seisin of the aforesaid eight Acres of Meadow with the appurtenances as by the Precept aforesaid he was commanded c. And after that is to say at the very same Court the aforesaid R. and W. M. and the aforesaid W. T. then beeing present came and surrendred into the hands of the Lord in the same Court the aforesaid eight Acres of Meadow with the appurtenances to the use and behoof of the aforesaid M. M. his Heires and Assignes to whom the Lord by his Steward aforesaid granted then Seisin by the Rod to have and hold to him and his Heirs at the will of the Lord according to the custome of the Mannour aforesaid c. and further the aforesaid R. and W. M. and W.T. remiswed released and altogether for them and their Heirs for ever quite claimed to the aforesaid M M. his Heirs and Assigns in his full and peaceable possession and Seisin appearing in the full Court all the Right Title State Claim Interest or demands whatsoever which they ever had have or any way hereafter may have of or in the aforesaid eight Acres with the appurtenances or in any parcell thereof so that that neither the aforesaid R. and W.M. and W.T. nor their Heirs or any of them any Right Title State Claim Interest or demand of or in the aforesaid eight Acres of Meadow with the Appurtenances or in any parcell thereof c. nor ought hereafter but from all Action of the Law Title claims Uses Interest and demands from thence to be demandded are excluded and every of them is excluded for ever by these presents and further the aforesaid W.T. grants for him an his Heirs that they will warrant the aforesaid eight Acres of Meadow with the appurtenances to the aforesaid M.M. and his Heirs against all men for ever c. 4. H. 8. Tit. Recovery in value 27 in Fine and 23 H. 8. Tit. Recovery in value 27. Recovery against the Husband and wife where the wife is Tenant in Tail and they vouch over and the Demandant recovers against the Husband and wife and they over in value this seems shall bind the Tail and the Heire of the wife 23 H. 8. Title Tail 32. Double voucher in Entrie in the Post barrs the Tail because of the recompence but single voucher shall not barr but the Estate Tail which he had time of the Recovery in possession but if he were in of another Estate time of that Recovery it is no Barr. 23 H. 8. Tit. Recovery in value 27. Entrie in the Post against Tenant
the said Queen now the fourth by force and armes the Close of the said J. R. at D. broke and his Grasse to the value c. there late growing walking with his Feet there trod down and consumed and other Injuries c. to the great losse c. and against the Peace c. whereof he saith he is made worse and damnified to the value c. And the said T. in his proper person came and defended the force and Injury when c. and saith that he in nothing is guilty of the Trespasse aforesaid as the aforesaid J. above complaines against him and of this puts himself upon the Countrey the aforesaid Plaintiff likewise c. Entry of the great Cape A. VVhich was the VVise of C. J. by A B. her Attorney offered her self to this Court against T. J. of a Plea of the third part of a House and twenty Acres of Land with the Appurtenances in J. which the same A. in this Court claimes as her Dowry of the Gift of the aforesaid I. C. in times past her Husband for that the Tenements aforesaid are within this Lordship and the VVomen which after the Death of their Husbands of Tenements in J. aforesaid being dowable according to the Custome of the said Mannour time out of minde used of the third part thereof ought to be endowed c. and they came not and summoned c. therefore by the Judgement the third part of the aforesaid with the Appurtenances should be taken into the Lords hands c. and day c. they should be summoned that they be here at the next Court c. Precept of the great Cape J.K. Steward to the Bailiff thereof health take into the Lords hands by the view of good and lawfull men of this Mannour the third part of one House and twenty Acres of Land with the Appurtenances in I. which A. I. this Court c. doth claim against T. I. late of I. as the Dower of the said A. of the Gift of the aforesaid C. I. in time past her Husband by a VVrit of Dower whereof she hath nothing by the default of 〈◊〉 said T. and the same taking certifie me of and summon by good Summoners the aforesaid T. that he be here at the next Court there to answer and to shew why he was not here at the last Court as he was summoned and have here the names of those by whom c. you made the Summons witnesse c Entry of a small Cape T.Q. Esquire and I. his VVife by their Attorney offered themselves the fourth day against A. B. of I. and A. his VVife of a plea of the third part of eight Messuages and eighty Virges of Land with the Appurtenances in I. which the aforesaid T. and I. in this Court claim as the Dower of the said I. of the Gift of G. S. in time past her Husband against them and they did not come and had from thence day untill this day that is to say the tenth day c. after other they appeared here in Court therefore by the Judgement the third part with the Appurtenances should be taken into the hands of the Lord and they summoned c. that they be here in the day c. to hear their Judgement c. Precipe of Summons upon a right Patent c. J.K. Steward to the Bailiff of the Mannour aforesaid health c. I. S. complaines against I. D. in a plea of Land and makes Protestation to follow the Suit in the nature of a VVrit of our Lord the Kings of a right Patent and therefore I command you that according to the Custome of this Mannour you shall summon by good Summonitors the aforesaid I. D. to be here at the next Court here to be held such a day to answer in the Plea aforesaid and have there this Precept and how c. dated c. Precept upon Assise of Mortdancester J.K. Steward to the Bailiff of the Mannour aforesaid health because I. S. complaines as above therefore I command you that yâ—â— summon by good Summons 12. free and lawfull men Tenants of the foresaid Mannour that they before me the aforesaid Steward at the next Court there to be held that is to say the Tuesday 19. day of September next coming at the hour of eight before noon of the same day ready by their Oath to know if T. S. Father of the said J.S. was seised in his Demesne as of Fee of two Houses and with the Appurtenances in D. within the Jurisdiction of this Court the Day that he died and if he died within forty years now last past and if the said J.S. be his next Heir and in the mean time let them view the said two Houses and make their names to be entered and summon by good Summoners the aforesaid J. and D. which now hold the aforesaid Houses and Lands that then they be there to hear that Return and have here the Summons and this Precept Dated c. under my Seal c. To make to have Possession J.K. Steward to the Bailiff thereof health know that A. B. in the Court held such a Day by the consideration of the said Court recovered his Seisin against B. of eight Acres of Land with the Appurtenances in J. by Default of the aforesaid B. and therefore I command you that to the said A.B. you shall give a full Seisin of the Tenements aforesaid with the Appurtenances without delay and have there this Precept and how c. Dated c. the Day c. Small Cape J.K. Steward to the Bailiff thereof health we command you that you take into the hands of the Lord by the view of good and lawfull men of this Mannour one House with the Appurtenances which A.B. in this Court claimes as his right against B. R. by Complaint of a Formedon in Remainder for Default of the said B. and make known the Day of the taking to me at the next Court and summon the said B. R. that he be before c. such a Day there to answer and to shew why he was not in this Court before c. such a Day last past as he was summoned and have there this Precept and how c. Dated c. The Returne of Writs newly corrected With divers other good Returns and many Cases of the Common Law to that added very necessary and profitable as well to young Students of the Law as to Sheriffs Coroners and others which are to make Returns of Writs for the better understanding of the Law in the said Returns Proces in the Court Hundred Court Baron c. Pleg de prosequendo J.D.R.F. THe within named H. E. is attached by Sureties N. F. R. D. J.D. Knight Sheriff The within named J. H. hath nothing in my Bailiwick by which he may be attached Note that every Pone is but a Summons By vertue of this VVrit to me directed Pone upon a Repleg I have put before the Justices of the
by a small writ of our Lady the Queens of Right between R.T. the Plaintiffe and T.B. the Tenant of a Messuage c. Milt The Hundred of E.B. Esquire held there by W.B. his Steward there before J.T. and R.C. c. Suitors of the Court of the hundred aforesaid the tenth day of M. the year c. amongst others it is so contained Complaint J.S. Gent. complains against R. G in a Plea of uniust taking and detaining his beasts or Chattells Pledges to prosecute and to have Return of the beasts if c. A.B.C.D. The names of foure lawfull men of the hundred of those which were present at the Record A.B. C.D. E.F. G.H. By vertue of this Writ to me directed in the form within written Of a Record to be delivered in Court I came to the Court within written and in full Court there I made to be recorded the complaint within written and the same Record as it appeares in the scedule to this annexed I have before the Justices within written at the day and place within contained under my Seale and the Seales of I.B. c. twenty foure good and lawfull men of my Bayliwick of those which were present at the Record and parties c. as before By vertue of this Writ to me directed Otherwise if the Record be not delivered in my proper person taken with me J.S. c. Good and lawfull Knights of my County I came to the Court of J. D. Esq to record the complaint within written at the day and place within contained as within I am commanded upon which the Suitors of the Court aforesaid at the Town of C. in full Court to me the Sherif within written to execute the said Writ there or to meddle at all with the said complaint they altogether denyed by reason whereof I could not make execution of the said Writ By vertue of this Writ False judgment taking with me P.M. c. foure lawfull Knights of my County in my proper person I came to the Court E. held at N. such a day and yeare and in parts of the said Court of A. B c. Suitors of the same Court and R.H. Steward there I desired the Record of the complaint which is in the said Court by a small VVrit of the Queens of Right between I.P. plaintif and N.S. Tenant to be made and delivered unto me which truly Steward and Suitors there would not deliver unto me By reason whereof I could make no execution of the said VVrit Process in common Bench. Pledges to prosecute J.S.R.M. Originall in debt Summonitors within written J.S. P.M. R.S. J.D. Knight Sheriff Pledges to prosecute J.D. R.R. The within named A.B. hath nothing in my Bailiwick by which he may be summoned By vertue of this Writ to me directed Clark I do certifie the Justices within written that T. H. within named is a Clark beneficed in the Bishoprick of London having no lay fee in my Bayliwick by which he may be summoned Note that the Defendant alwaies ought to be summoned fifteen daies before the day of the return of the VVrit Pledges to prosecute J.R.R.D. J.E. Originall in Trespasse Attachment within named hath nothing in my Bayliwick by which he may be attached Pledges within named J.D. J.W. R.R. J.D. within named is attached by one price ten pence or by a Cow price ten shillings J.F. which was the wife of D.C. Attachment upon appeal Eiectment of a Farme within named hath not found me suerties to prosecute Therefore to the executing of this Writ nothing is by me done The within named A.B. is attached by a hundred sheep price 20. l. The within named C.D. and E.F. have nothing in my Bailiwick by which they may be attached The within named J.S. Capias in Debt is not to be found in my Bailiwick The within named J.S. and J.H. nor either of them is to be found in my Bayliwick I.S. Otherwise and the rest of the Defendants within named are not to be found in my Bayliwick In this Writ may be returned diverse returns and in diverse manners that is if the Sherif wil not serve the writ or if he will not execute the Writ then so A.S. within written is not to be found in my Bailiwick Otherwise after the Receit of this writ or after the comming of this Writ but if he be present then so By vertue of this Writ I have taken J.W. within written whose body before the Justices within written at the day and place within contained I have ready as the writ commands and requires c. The within written J.W. is taken by his body Otherwise whose Body at the day c. I have ready as within I am commanded according to the Exigent of this writ By vertue of this writ to me directed Otherwise I have taken the Body of the within named J.S. whose truly Body before the Justices within at the day and place therein contained I have ready as within I am commanded or as this writ in it doth command and require The within written J.S. Otherwise Otherwise Bailiffe of the Liberty is taken by his Body whose body at the day and place therin contained I have ready as c. R.S. within named is not to be found in my Bayliwick and that to take R.S. within named I commanded I. F Bailif of the Liberty of S. that hath the full return of al Writs and Executions thereof to whom the Executing of this Writ altogether belongeth to be done in which liberty no execution of this Writ there by me can be made which truly Bailif so answereth me That he hath taken the Body of the aforesaid R.S. Whose Body aforesaid before the Justices of our Lady the Queen within written at the day and place therein contained he shall have ready or so which truly Bailiff hath given me no answer J.D. Liberty within named was in the Liberty of J.E. Esquire and continually dwelt there Therefore I cannot take him Before the comming of this Writ to me directed J.S. Sanctuary within named entred the Sanctuary of Saint Peters in Westminster in the County of Middlesex and in the same County yet continues by which the Body of the aforesaid J. S. before the Justices within written at the day and place within specified I cannot have as c. By vertue Otherwise c. I have taken the Body of A.B. within named and him to the Gaole of our Lady Queen at her Castle of D. have committed there to be safely kept c. Who after by reason of another Writ of our said Lady Queen to me directed and to this Writ annexed I made to be delivered from that Prison Afterward Otherwise that is to say such a day and yeare by reason of a certain other Writ of our said Lady the Queenes to me directed which transcript I send you annexed to this Writ And therefore the
of this VVrit of Corpus cum causa to be brought in c. If it were necessary the cause of keeping and detaining A. of B. within written here follows A. of B. is taken for suspition of Theivery Felony and because he cannot finde sufficient Sureties to expect the Law of our Lady the Queen he was committed to our Lady the Queens Prison of R. and for the cause aforesaid detained notwithstanding the Body of the said A. before c. W. D. within written was taken before the coming of this Writ in such a place Account and in a Prison of our Lady the Queens there under my Custody was detained by reason of which Complaint in the Queens Court there before me the said Sheriff upon him by the name of W. c. at the Suit of such a one in a plea of Account affirmed whereof in the same Court before me the said Sheriff the parties aforesaid pleaded and put themselves upon the Jury of the Country in the same Court and afterwards the said W. of D. by sufficient Sureties to answer the aforesaid such a one of his Plea aforesaid he was set at Liberty from the Prison aforesaid and because the said W. after the said Bailment came not to Judgement in Custody his Body at the day and place aforesaid I cannot have The within named J. C. Treason was called at W. before such a Justice by W. his Probator such a day and year for divers Treasons by him committed and for that cause was taken at C. and committed to the Prison of our Lady the Queen of N. notwithstanding his Body c. at the day and place within contained I have ready as is within commanded me c. A. Outlary the Daughter of A. of B. by the name of A. of B. before the coming of this VVrit was outlawed of Felony before P.S. R.T. and their Fellows Justices of the Queens of the Peace in such a Liberty or in the County to be kept and after by the command of the said Justices to me late directed the same A. was taken at D. and for the cause aforesaid was committed to the Queens Prison of W. notwithstanding c. By vertue of this VVrit Supplicavit I certifie you that A.W. within written was taken by vertue of a certain other VVrit of our Lady the Queens called a Supplicavit at the Suit of D. P. long before the coming of this VVrit and committed to the Prison of our Lady the queen of B. because he could not finde sufficient Sureties to keep the Peace toward the said D. and for this cause and no other is kept in the said Prison notwithstanding c. Otherwise it may be said A Rule that he was condemned in such a Court of his own Confession or by his taxing thereof by the counsel of the Court Before the coming of this Writ by vertue of a certain other Writ called a Capias utlagatum A Capias utlagatum to me directed whose Transcript I send you annexed I took C. D. within named and committed him to our Lady the Queens Prison of C. and there in the same Prison he is kept for the cause aforesaid notwithstanding his Body c. Before the coming of this Writ Account A. H. S. Auditors of the Accounts of W. of B. to me by Indenture delivered to keep the Body of R. S. within written safely and securely till he should satisfie W. B. of two hundred pounds behinde upon the end of the Account of R.S. found before the said Auditors c. and this is the cause of the taking and detaining the said R. S. notwithstanding the Body c. Many wayes one may be said to be taken and detained for ten pounds against him recovered in such a Court Debt or is taken by the command of our Lady the Queen or upon a Recognizance acknowledged in the Chancery and Appeal for the Death of a man or of Robbery c. The within named R. V. was taken at D. Rescous tenth Day of May the year within written by T.B. the Bailiff of our Lady the Queen and mine by vertue of a certain Warrant by the pretext of this VVrit by me made and to him directed and upon this the aforesaid R.V. with others unknown by force and armes that is staves c. made an Assault upon the said Bailiff and took him out of the Custody of the said Bailiff and never after the said R. V. in my Bailiwick I could finde The execution of this VVrit doth appear in a certain Schedule to this VVrit annexed Otherwise Schedule By vertue of our Lady the Queen 's VVrit to me directed and to this Schedule annexed I have made a certain VVarrant of mine to one J.M. my travelling Bailiff to take and arrest E.G. in the said VVrit nominated according to the exigent of the said VVrit which said Bailiff of mine by vertue of my VVarrant aforesaid the 9. day of J. the year of the Reign of our Lady Elizabeth Queen within written the twentieth at D. in the County aforesaid took and arrested the Body of the said E.G. and then and there the said E. G. was in his Custody upon which F. G. of D. aforesaid in the County aforesaid Gentleman and T. M. of the said Town and County Gentleman then and there by force and armes c. made an Assault upon my aforesaid Bailiff and my said Bailiff then and there against the Law and Custome of the Realm of the said Lady Queen of England and against the will of the said Bailiff of mine imprisoned him and the same Bailiff of mine in Prison there by the space of an hour then detained and twenty pence in told Money of the Goods Chattels and Moneys of my said Bailiffs then and there the aforesaid T. M. took and the aforesaid E. by force and armes aforesaid then and there out of the Custody of my said Bailiff took and rescued and also the same E. her self then and there out of the Custody of my said Bailiff rescued against the will of my said Bailiff and against the Peace of our Lady the Queen now c. and after the said E. is not found in my Bailiwick By vertue of this Writ to me directed Otherwise I have made a certain Warrant to one R. P. my Bailiff this torn riding to take and arrest the within named T. L. according to the exigent of this Writ which truly R. P. by vertue of the Warrant aforesaid after that is to say second Day of May the year of the Reign of our Lady the Queen within written twentieth at B. in the County aforesaid took the Body of the within named T. L. of B. aforesaid in the aforesaid County of F. which truly T. the Day Year and Place aforesaid by force and armes made an Assault upon R. P. my aforesaid Bailiff and bear him wounded him and abused him so that they dispared of his life
and uniustly detained according to the form of this VVrit as within I am commanded And the within named T. and R. are attached by a hundred sheep price 6 pounds by T. F. Bailifte by the Plea of J.T. R.M. and the within named R. B. is attached by my said Bailiffe by three Kine price three pounds by the Plea of the aforesaid J. T. and R.M. and no other command of our Lady Queen besides this VVrit of the beasts aforesaid to be replevied before the coming of this writ was ever delivered to me By vertue c. I certifie our Lady the Queen Otherwise in Chancery in her Chancery that the beasts and Chattels by the within named A.B. first taken are driven far out of the County within written to places unknown to me by the within named T.R. by which means the beasts and Chattells aforesaid cannot be returned by me as within further I am commanded Before the coming of this writ Beasts driven far upon the second deliverance the beasts within written were driven far off by the within named J. M. to places unknown to me so that the Beasts within written of J.M. I cannot return according to the Form of this writ Pledges to prosecute and having Return c. J. D. R.R. By vertue c. I W. A. Precept upon the second deliverance in the County one of the Bailiffes within named requested of J.T. and R.N. within written the delivery of the beasts of T.B. within written that is to say of three Oxen price each Ox twenty Shillings and of two Horses price each Horse twenty Shillings and they refused thereof to make Delivery and the aforesaid beasts are driven far off to places to me unknown by which thereof I can make no Delivery as within I am commanded and the aforesaid J.T. is attached by one of Silver to the value of twenty Shillings By vertue of this Otherwise of replevying a man c. I certifie our Lady the Queen within named that no other VVrit or command of our said Lady the Queens of Replevin the within written J.C. whom W.S. within named took and taken keeps as within is specified till that VVrit of Pluris Repleg the aforesaid J. came to my hand neither was it delivered to me nevertheless I do further certifie the Justices of our said Lady the Queen that forthwith after the receit of the said VVrit I came to the aforesaid W.S. to make replevin of the aforesaid J. which the said W. would not shew me but the aforesaid J. before the coming of this VVrit had conveyed to places unknown to me And after the receit of the said VVrit the said I. was not to be found in my Bailiwick so that I could make no Replevin of the said I. by any meanes according to the command of this VVrit as within I am commanded No other Writ besides that of Repleving the within named D.G. to my hands as yet came Otherwise And further I certifie the Justices within written that the aforesaid D. is conveied away to places to me unknown by the within named J.T.E.B. and T.R. By which means I cannot replevy the said D. as within I am commanded By vertue Pluries Repleg c. I certifie our Lady the Queen that after the receit of this Writ I diligently inquired throughout all my Baliwick and I can by no meanes understand that any of the beasts of the within named W.P. were taken and unjustly detained by the within named J.N. as in the VVrit is supposed So that the execution of this Writ according to the Tenor and Effect of the same could not be done by me as within I am commanded and further I certifie our Lady the Queen that no other Writ of Pluries Replegeare besides this VVrit was ever delivered to me Condition Cond Repleg c. That if the above bounden A.B. and C.D. shall redeliver to the above named Sheriff all those goods and chattells and every parcell thereof by H. P. taken and by reason of a certain Replevin by the aforesaid Sheriffe made to the aforesaid A.B. and C.D. Repleg if Return thereof should be adjudged and the said Sheriffe and his Executors saved harmlesse that then c. The within written J.H. Withernam hath no beasts in my Bailiwick that I can take in Withernam according to the exigent of this Writ By vertue c. I have taken two brasen Pots Otherwise c. of the Goods and Chattells of T. H. in the writ nominated in Withernam and I have caused them to be delivered to W.F. to hold to the said VV.F. till the said I.H. the Chattells of the aforesaid W.F. he do deliver as this VVrit c. By vertue Otherwise c. I have taken in Withernam at D. in the County within written two cowes c. of the Beasts of the aforesaid I.D. and two cowes of R.T. within named which truly Beasts aforesaid fled from hence and I caused them to be put in a certain place at S. in the foresaid County safe and securely there to be kept according to the Exigent of this VVrit VVhere the beasts aforesaid lie Otherwise and the aforesaid I.H. and R.T. have no more or any other beasts at this time in my Bailiwick that by any meanes I can take in VVithernam as within I am commanded By vertue of this writ I have taken two cowes and two Steeres of the beasts of the within named R.D. and two cowes and two Steeres of the beasts of T.L. which I caused to be delivered to I.C. within named to be safe and secuerly kept untill the other Beasts of the within named I.C. First taken and conveyed to places unknown to me I can deliver as within I am commanded By vertue of this Writ to me directed Exigent at my County Court kept at W. in the County of W. the within written Tuesday that is to say the twentieth day of Ianuary the year of the Reigne of our Lady the Queen within written the twentieth I.C. and other Defendants within named First were called and did not appeare and at my County Court c. as before the second time called and did not appeare and at my County Court held and so forth The third time called and did not appeare and at my County Court held c. The fourth time called and did not appeare and at my County Court held c. The fifth time called and did not appear Therefore the aforesaid I.C. and the rest of the Defendants within named by the judgment of the Coroners of the said Lady the Queen of the County aforesaid according to the Law and custome of the Realme of England are out-Lawed and every one of them is out-Lawed By vertue of this Writ to me directed Between two Sheriffs at my County Court held at W. in the County of W within written on Teusday that is to say the tenth day of Ianuary the year of the
Goods and Chattels aforesaid then with me remaining unsold for want of Buyers but I will set them to sale from day to day and when they happen to be sold the money thereof coming before the Barons within written I will bring according to the form and effect of this Writ Those Goods to the value of twenty Marks within written Otherwise which by vertue of the Writ of our Lady the Queen lately now to me directed I have taken of the Goods and Chattels Lands and Tenements which were lately T. F. within named and have set them to sale and sold them and the Money thereof I have ready to bring to the Barons within named at the day and place therein contained as therein I am commanded A. B. and C. D. within nominated Are dead were dead long before the sending out this Writ neither have they any Goods or Chattels Lands or Tenements within my Bailiwick which I can extend and value as by this Writ I am commanded The within named A. B. and C. D. are dead For the shortnesse of time Scire feci and to the rest of the Execution nothing is done by me for the shortnesse of the time By vertue c. Scire feci J.C. within named that he be before the Barons within written at the day and place within contained by J. C. and R. S. good and lawfull men of my Bailiwick as within I am commanded There are no Executors of E. within written Against Executors nor Administrators of the Goods and Chattels which were his nor Heirs nor Tenants of Lands and Tenements which were his in my Bailiwick to whom by any means I can give the Scire facias I.D. and the rest of the Defendants within named Otherwise have nothing in my Bailiwick by which I can them Scire facere By vertue Non omittas c. I have taken of the Lands and Tenements of W.R. to the value of forty shillings which I have ready for the Barons within written at the day and place therein contained as within I am commanded and further I certifie the Barons vvithin vvritten that the aforesaid VV. hath no other or more Lands nor Tenements Goods nor Chattels in my Bailiwick whereof the residue of the Debt within written I can levy by Execution as the said VVrit in it commandeth and requireth Here follow certain Cases of the Common Law upon the Returnes aforesaid and others BEcause Justices to whose Duty it belongeth West 2. cap. 35. to administer Justice to every one before them complaining are oftentimes hindered so that they cannot in due manner execute their Office by this that Sheriffs do not return their Original and judicial Writs and likewise return false Answers The Lord the King provideth False Return that those which fear the malice of the Sheriff should deliver their Writs in the full County Court or in the other County Court where there is a gathering of the Kings Money and let there be a Billet taken of the Sheriff present or of the under-Sheriff in which Billet there shall be contained the names of the Plaintiff and Defendant and adjoyned to the Billet sealed by the Sheriff or under-Sheriff in witnesse thereof and let there be mention of the Delivery of this Writ And it gives remedy Tarde if the Sheriff will not seal the Billet by this Statute remedy is given if the Sheriff return Tarde Mandavi Balivo where he hath sufficient time to serve the Writ and where he returnes I have commanded the Bailiff of the Liberty where it is no Liberty and this Statute gives you shall not omit for any Liberty and gives Averment against the Returne of the Sheriff Averment if he return to little Issues and gives that he should deliver Corn in the Grange and all Moveables besides Equituram Indumenta utensilia domus contained under the name of Issues and the Statute gives Posse Comitatus See the Statute of 1 Ed. 3. chap. 6. The Sheriff by the common Law is the Preserver of the Peace Authority of the Sheriff and hath the Custody of the County for the time that he is Sheriff and may cause the party to finde Surety if any require that and every Obligation which he takes to keep the Peace shall be taken a Recognizance in Law and specially when this is certified by Certioâ—are in the Chancery But Pleas before him in the County or Hundred are not of Record for these are by reason of course and this taking for Peace is by reason of his Office Fitzh 81. D. If the Sheriff return upon a Distringas Juratores Appearance no manner of Issues and a full Jury appears and pleads this is no Error for the King hath no losse and the Issues are for the King which he shall not have if the full Jury appear 5 H. 7. f. 8. Also if the Sheriff return Scire feci upon Fine or Judgement and no mention is made of the Summoners and Viewers and the party appear and pleads it is no Error and if upon the Grand Cape there be not returned the Summoners and Viewers yet if the party appear and pleads it is no Error 3 H. 7. f. 14. this Return was amended and the Plaintiff recovers See 8 H. 5. f. 2. B. Scire facias is returned Scire feci by J.S. and J.D. and though the Return be not by good and lawfull men as it ought if the party appear it is a good Return and may be amended 33 H. 6. f. 35. 44 Ed. 3. f. 16. 8 H. 6. f. 27. If the Sheriff attach a Cow Attachment the property is not out of the party till the Day of Return that he make Default and if at the Day of the Return he make Default the Sheriff may take that as forfeited to the King though he have left that before with the party 9 H. 7. B. Table Dormant and such things which are fixed to the Free-hold cannot be attached 21 H. 7. f. 26. Annuity the Sheriff returns I have nothing in my Bailiwick by which he can be attached where it should be by which he can be summoned and though it were in the time of another Sheriff Amendment it was amended for the Cout may amend a mistake of the Clerks and also of the Return of the Sheriff 33 H. 6. f. 47. Upon a Distringas Juratores the Sheriff in his Return leaves out four Names which were in the Venire facias and the Sheriff was examined and saith that they were distrained and for that the Returne was amended 37 H. 6. f. 12. 22 H. 6. f. 45. Appeal upon Distringas Juratores where there were Knights and Esquires which were in the Writ there was returned but eight pence upon every Juror and the Sheriff had been amerced unlesse he be there present and amend that and sets upon every Juror two shillings 2 R. 3. fol. 13. Attaint at the Distringas Juratores the
you that you make A. B. lately of C. in the County of C. Gent. to be required from husting to husting untill according to the Law and custome of England he be out-lawed if he shall not appear And if he shall appear then you take and cause him safely to be kept so that you may have his Body before us in the Upper Bench in the fifth week after Easter wheresoever we shall then be in England to answer C. D. in a Plea that whereas the said C. D. and A. B. at London had accounted together of divers sums of money being before that time due to the said C. D. from the said A. B. and being then behind and unpaid And upon that account the said A. B. was then and there found in arrerages to the said C. D. in a hundred pounds of lawfull English money the said A. B. in consideration thereof did assume and to the said C D. there faithfully promised that he the said A. B. would pay that men 〈…〉 the said C. D. yet tâ—â— said A. B. hath not yet paid the said money to the said C. D. although he hath been therunto required to pay the same to the damage of the said C. D. one hundred and twenty pounds as he saith and whereupon you your selves have sent to us that the said A. B. is not found in your Bayliwick and you have here this Writ Witnes c. Proclamation sur ' Exigent THe Keepers of the Liberty c. To the Sheriffe of Cornwell Greeting Whereas by our Writ we have lately commanded the Sheriffe of London that he should cause A.B. of C. in your County Gent. to be required from husting to husting untill he be out-lawed according to the Law and custome of England if he should not appear and if he should appear then they should cause him safely to be kept so that they should have his body before us in the fifth week after Easter wheresoever we should then be in England to answer C. D. in a Plea that whereas the said C. D. c. And so recite as is in the exegent till you are past these words as he saith then write on we command you according to the statute made provided in the one and thirtieth year of the Lady Eâ—izabeth lately Queen you cause to be proclaimed the said A. B. at three several dayes according to the form of that statute whereof one Proclamation thereof shall be made at or neer the most usuall door of the Church of C. in your County so that he may render himself to the Sheriffes of London to answer the said C. D. of the said Plea And you have here this Writ Witnes c. Câ—â—ias utlegat ' THe Keeper c. To the Sheriffes of C. Greeting We command you that you do not omit from any liberty within your County but take A. B. of c. And him safely keep so that you have his body before uâ— in the Upper Bench in c. Reciting the return wheresoever we shall then be in England to stand right in Court before us in the Upper Bench upon a certain Outlawry against him the said A. B. at the suit of C. D. in a Plea of debt at the hustings of the Common Pleas holden in London on Munday c. In the year of our Lord one thousand six hundred and fifty in the Court of London pronounced And you have there this Writ Witnes c. Capias ad satisfaciendum in a Plea of Debt THe Keepers of the Liberty c. Greeting We command you that you take A. B. if he be found in your Bayliwick And him safely to keep so that you have his body before us in the Upper Bench at Westm on Wednesday next after the five weeks of Easter to satisfie C. D. of 100 li. of Debt and also 21 s. for his dammages which he sustained as well by occasion of detaining of that Debt as for his Costs and charges by him about his Suit in that behalf disbursed whereof he is convicted as it doth appear to Us upon Record And then you have here this Writ Witnes H. Roll at Westm the 17th day of April in the yeer of our Lord 1651. Wightwicke Testat Inde THe Keepers of the Liberty c. to the Sheriffe of H. Greeting Whereas we have lately commanded the Sheriffs of London that they should take A. B. if he might be found in their Bayliwick And him safely keep so that they should have his body before Us in the Upper Bench at Westminster at a certain day now past to satisfie C. D. of a hundred pounds of Debt and also one twenty shillings for his damages which he sustained as well by occasion of detaining of that Debt as for his Costs and charges by him about his Suit in that behalf disbursed whereof he is convicted as it doth appear to us upon Record And the said Sheriffs of London at that day returned to Us that the said A B. is not found in their Bayliwick Wherupon on the behalf of the said C. D. in the Court before Us is sufficiently testified that the said A. B. doth lurk and sculk in your County therefore we command you that you take him if he be found in your Bayliwick and him safely keep so that you may have his body before Us in the Upper Bench at Westminster on Wednesday next after the three weeks of Easter to satisfie the said C. D. of the Debt and damages aforesaid And then you have here this Writ Witnes c. Capias ad satisfaciendum after judgement affirmed in a Writ of Error and for damages for the Plaintiffe being the Defendant did thereby delay Execution THe Keeper c. as above in the Capias ad satisfaciend till these words to satisfie C. D. of a hundred pounds of Debt also 40 s. which were adjudged to the said C.D. in the Court of the Common Pleas at Westminster before Oliver St. John and the other Justices his Associates for his damages which he had by reason of detaining of that Debt whereof he is convicted as by the inspection of the Record and Processe thereupon which we lately for certain causes have caused to come in the Court before Us in the Upper Bench at Westminster And which in the same Court now remaining doth appear to us upon Record And also five pounds which in the same Court before us in the Upper Bench at Westminster according to the form of the Statute in such case thereupon lately made and provided were adjudged to the said C. D for his damages costs and expences which he had by reason of the delay of execution of the Judgment aforesaid by reason of prosecutâ—â—â— of a certain Writ of Error by him the said A. B. in the same Court before us in the Upper Bench at Westminster prosecuted in and upon the Premises as it doth also appear to us upon Record And you have there this Writ Witnes c. Capias ad satisfaciendum
and effect of the recovery aforesaid if he think expedient And further to do and receive that which the Court before us in the Vpper Bench at Westminster shall consider of in that behalf And then you have here this Writ Witnes c. The same against Manucaptors THe Keeper c. To the Sheriffe of Middlesex Greeting Whereas A B lately in the Court before us in the Vpper Bench at Westminster recovered against C H one hundred pound of debt c. as above untill these words doth yet remain to be made of the goods Chattels aforesaid And whereas E. F lately of c. And G. G. naming the addition formerly that is to say in Michalmas Tearm last past in the same Court before us in the Vpper Bench at Westminster personally came and did become Pledges and Manucaptors and both of them by themselves became Plegde and Manucaptor for the said C D that if it should happen the said C.D. to be convinced in the Plea aforesaid that then the said E F and G H granted and either of them for himself did grant the debt aforesaid and also all such damage cost and charges which should be adjudged to the said A. B. in that behalf of their and either of their Lands Chattels to be made and to the use of the said A. B. to be leavied if it should happen the said C D. not to pay the said debt damages costs and charges to the said A. B. or not to render himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench at Westminster upon that occasion yet the said C. D. hath not hitherto paid the said debt and damages to the said A. B. neither hath upon that occasion rendered himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench before that time as by the insinuation of the said A. B. in the Court before us in the Vpper Bench at Westminster we have accepted whereupon the said A. B. hath supplicated us accordingly to provide remedy for him in that behalf as above till after the return of the former Writ to these words to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his execution against him of the debt and damages aforesaid according to the force form and effect of the recognizance aforesaid if he think good so to do c. as above untill the end A Scire Facias against an Executor in Debt THE Keepers c. as above in the first Scire facias untill these words doth yet remain to be made of the Goods and Chattels aforesaid and that the said C.D. after Judgement aforesaid in form aforesaid rendred is dead and that one E.F. is Executor of the last Will and Testament of the said C.D. whereupon the said A.B. hath supplicated us accordingly to provide remedy in that behalf as above till after the Return of the first Writ to shew if he hath or knoweth any thing to say for himself wherefore the Debt and dammages aforesaid of the Goods and Chattels which were of the said C. D. at the time of his death being in the hands and custody of the said E.F. to be administred ought not to be made and to the use of the said A.B. levied according to the force form and effect as above in the first c. The same for an Administratrix in Debt THe Keeper c. as in the first Scire facias untill these words as it doth appear to us upon Record and now in the Court before us in the upper Bench at Westminster comes E.F. VViddow the relict of the said A. B. and saith that after Judgement aforesaid in form aforesaid rendered that is to say on c. in the year c. naming the time the said A. B. at A. in your County died intestate after whose death that is to say on c. in the year c. naming the time at A. aforesaid the. Administration of all the Goods and Chattells Rights and Credits which were of the said A.B. at the time of his death by c. to whom the Commission of the Administration of Right did pertain was committed to the said E.F. and now on the behalf of the said E. F. in the same Court before us in the upper Bench at Westminster we have accepted that although c. as above in the first VVrit of this sort Rotam habend THe Keeper c. to the Sheriffe of Middlesex greeting whereas A.B. was lately summoned to be before us in the upper Bench at Westminster to answer C.D. in a Plea of taking and uniustly detaining of the Goods and Chattells of the said C.D. and the said A.B. appearing in the Court before us in the upper Bench at Westminster the said C. D. made default for which it was considered of in the said Court that the said A. B. should have Return of his goods and chattells aforesaid therefore we command you that without delay you cause to be returned to the said A. B. the goods and chattells aforesaid and not deliver them at the complaint of the said C.D. without our Writ aforesaid making expresse mention of the said Judgement and as this Precept shall be executed you certifie to us in the upper Bench in eight dayes of the Purification of the blessed Virgin Mary wheresoever we shall then be in England together with this VVrit witnes c. Capias in Withernam THe Keepers c. to the Sherif of M. greeting whereas A.B. in the Court before us in the upper Bench at Westminster was summoned to be before us in the uper Bench at Westminster to answer C. D. in a Plea wherefore he took the goods and chattells of him the said C.D. and detained them uniustly against Sureties and Pledges as it is said and the said A. B. appearing in the same Court before us in the upper Bench at Westminster the said C. D. there made default for which in the same Court it was considered by the same Court that the said A.B. should have return of the goods and chattels aforesaid whereupon we commanded you by our VVrit that without delay you cause to be returned the goods and chattells aforesaid to the said A.B. and not deliver them at the complaint of the said C.D. without our Writ that shall make express mention of the said Judgement and in such manner as that Precept should be executed you should certifie to us in the upper Bench at Westminster in the eight dayes of the Purification of the blessed Virgin Mary last past and you at that day did return to us that before the coming to you of that Writ the goods and chattels aforesaid were convayed away to places to you altogether unknown so that you would not cause those goods and chattels to be returned to the said A. B. therefore we command you that you take of the goods and chattells of the said C.D. to the value of the
goods and chattels aforesaid formerly taken and you cause them to be delivered to the said A. B. to be detained untill you may cause the goods and chattells formerly taken to be restored to the said A.B. and you put the said C.D. by Sureties and safe pledges that he be before us in the moneth of Easter whersoever we then shall be in England to answer as well as of the contempt and as also the said A.B. of his dammages and iniuries in that behalf illated and that you have there this Writ witnesse c. A Scire facias for an Executor to renew a Judgement after a year and a day THe Keepers c. greeting whereas A.B. Executor of the last Will and Testament of C. D. lately deceased lately in the Court before us in the upper Bench at Westminster by Bill without our Writ and by the iudgement of the same Court recovered against E.F. thirteen pounds of Debt and also one and twenty shillings for his damages which he sustained as well by occasion of detention of that Debt as for his costs and charges by him about his suit in that behalf disbursed whereof he is convicted as it doth appear to us of Record and that the said C. D. after Judgement aforesaid in Form aforesaid rendred at London made his last VVill and Testament and thereby did appoint and ordain the said A.B. his Executor and afterwards there died and now on the behalf of the said A. B. in the Court before us in the upper Bench at Westminster have accepted that although the Judgement be thereof rendred yet the Execution of the Debt and dammages aforesaid doth yet remain to be made whereupon the said A.B. hath supplicated us accordingly to provide remedy for him in that behalf and we being willing in that behalf to do that which is iust we command you that by honest and lawfull men of your Bailywick you make known to the said E.F. that he be before us in the upper Bench at Westminster on Fryday next after c. to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have the Execution of the Debt and Dammages aforesaid according to the force form and effect of the recovery aforesaid if he think good to try and further to do and receive that which the same Court before us in the upper Bench at Westminster shall consider of in that behalf and then you have here the names of them by whom you made known to him and this Writ witnesse c. The same in an Action of Eiectment the Plaintiffe a woman after Judgement being married THe Keeper c. Greeting whereas A.B. lately before us in the upper Bench at Westminster recovered against C.D. her Term then and yet to come of and in one Messuage with the Appurtenances in E. in the Parish of F. in your County that is to say from the last day of March in the year of our Lord one thousand six hundred and fifty untill the end and Term of five years to be fully compleat and ended and afterwards the said A.B. at E. aforesaid took to her Husband one C.G. and now on the behalf of the said G. H. and A. B. in the Court before us in the upper Bench at Westminster as we have accepted that although the Judgement aforesaid be rendred yet the Execution of that Judgement doth yet remain to be made whereupon the said G. H. and A.B. have supplicated us accordingly to provide remedy for them in that behalf and we being willing in that behalf to do that which is lust we command you that by honest and lawfull men of your Bailiwick you make known to the said C.D. that he be before us in the upper Bench at Westminster on c. reciting the Return to shew if that he hath or knoweth any thing to say for himself wherefore the said G.H. and A.B. his Wife ought not to have Execution of the Iudgement aforesaid if he think good to try and further to do and receive that which the Court shall consider of in that behalf and then you have here the names of them by whom you made known to him and this Writ witnesse c. The same for an Administrator in Debt The Keepers c. Greeting whereas A. B. lately in the Court before us in the upper Bench at Westminster recovered against C.D. twenty pounds Debt and also one and twenty shillings for his dammages which he sustained as well by occasion of detention of that Debt as also for his costs and charges by him about his suit in that behalf disbursed whereof he is convicted as it doth aprear to us upon Record and afterwards the said A.B. at London aforesaid died intestate as it is said and the Admistration of all and every the Goods and Chattels Rights and credits which were of the said A.B. at the time of his death at London were committed to one E.F. as by the insinuation of the said E.F. in the Court before us in the upper Bench at Westminster we have accepted yet the Execution of the Debt and dammages aforesaid doth yet remain to be made whereupon the said E. F. hath supplicated us accordingly to provide remedy for him in that behalf and we being willing to do that which is iust in that behalf we command you that by honest and lawfull men of your Bailiwick you make known to the said C.D. that he be before us in the upper Bench at Westminster on c. reciting the Return to shew if he c. as above in the former Writ untill the end The same against an Executor of a Sheriff where the Sheriff returned that he had caused the Goods of the Defendant to be levied but hath not paid the Money coming thereof THe Keepers c. to the Sheriffe of Middlesex greeting whereas A.B. lately in the Court before us in the upper Bench at Westminster recovered against C.D. one hundred pounds of Debt and also five pounds for his dammages which he sustained as well by occasion of detaining of that Debt as for his Costs and Charges by him about his Suit in that behalfe expended whereof the said C.D. is convicted as it doth appeare to us of Record And whereas also E.F. Esq Sheriff of the County of E. hath returned to us upon a certain Writ issuing forth of the same Court before us upon the judgment aforesaid that he had caused to be taken the Goods and Chattells of the said C.D. to the value of the Debt and damages aforesaid that is to say the one hundred and five pounds and the Mony coming thereof that is to say the said one hundred and five pounds before us at the day and place in the said Writ mentioned He had prepared to deliver to the said A. B. according to the Exigent of the Writ aforesaid as by the return of that Writ in the same Court before us remaining of Record doth manifestly appeare And