Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	arrest_v	case_n	defendant_n	1,796	5	10.4663	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A51778	The clerks guide leading into three parts, viz. I. Of indentures, leases, &c., II. Letters of attorney, warrants of attorney, mortgages, licences, charter-parties, &c., III. Bills, answers, replications, rejoynders in chancery, &c., under which are comprehended the most unusual forms of clerkship : to which is added, a fourth part of fines, recoveries, statutes, recognisances, judgements, &c. distresses and replevins : illustrated with cases, and the statutes relating to the same / by Tho. Manley of the Middle Temple, London, Esq.	Manley, Thomas, 1628-1690.	1672 (1672)	Wing M443; ESTC R9951	653,624	764

not extend to Lands sold bona fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts But to return to Execution wherein we are to consider That the Writs whereby this Execution is made are some of them against the person some of them against the goods some of them against the Lands and some of them against the Body Lands and Goods together Co. 6.87 8.141 For the doing of Execution in a Suit for debt or damages the Writs are the Levari facias the Fieri facias and the Capias ad Satisfaciendum and sometimes the Exigent the Capias Utlagatum and the Capias pro fine The Levari facias is a Judicial Writ directed to the Sheriff for the levying of a summe of money upon the Lands and Tenements of him against whom the Judgment is Reg. Orig. fol. 298. The Fieri facias is a Judicial Writ lying for him that hath recovered in an Action on Debt or Damage directed to the Sheriff commanding him to levy the same of the Defendants goods Old Nat. Bre. 152. The Capias ad Satisfaciendum is a Judicial Writ grounded upon a Statute lying where a man hath recovered in an Action personal any debt or damages in the Kings Court directed to the Sheriff to command him to take the body of him against whom the debt is recovered and to put him in prison till Satisfaction be made to him that recovered And all these three last named Writs are to be sued out within a year and day after the Judgment obtained and not after without Scire facias And if they be sued out within the year they may be continued after the year till Execution Co. on Litt. 290. The Exigent is a Writ that lyeth where the Defendant in an Action personal cannot be found nor any thing within the County to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlawry And if he be Outlawed then all his Goods and Chattels are forfeited And this mostly goeth forth before Judgment and in some cases after Judgment If it be before Judgment there must go before it three Writs of Capias ad Respondendum with a Non est inventus upon each of them returned But if it be after Judgment as it may on a Capias ad Computandum or Capias ad Satisfaciendum there it may issue out after the first Capias Termes del Ley. The Capias Utlagatum is a Writ of Execution or after Judgment which lyeth against him that is Outlawed upon any Suit directed to the Sheriff commanding him upon receit thereof to apprehend the party Outlawed for his contempt in not appearing upon the Exigent and to keep him in safe custody until c. and to bring him into the Court at the day of the return of the Writ where he is to remain without bail or mainprise Co. 12.103 There is also a special Writ in this case called a Capias Utlagatum inquiras de bonis et Catallis which is a Writ in a manner the same with the former but that it gives a farther power to the Sheriff over and besides the apprehension of his body to inquire of and seize upon his Goods and Chattels to the Kings use Old N. B. 154. The Capias pro fine is where a Judgment is given in a Case for a Plaintiff and it is in such a case where the Defendant is also to pay a Fine to the King the which being not paid to command the Sheriff to take and imprison him till he pay his Fine to the King Co. 3.1 2 3. The Extendi facias is that which is called the Writ of Extent whereby the value of Lands c. is commanded to be made and levied For to extend doth signifie in Law to value the Lands or Tenements of one bound by Statute c. who hath forfeited his Bond to such an indifferent rate as by the yearly Rent the Obligor may in time be paid his debt F.N.B. 131. And Extent doth sometimes signifie a Writ to the Sheriff for the valuing of Lands or Tenements and sometimes the Act of the Sheriff upon this Writ And if the Sheriff delay to execute the Writ of Extendi facias in the delivery of Lands Goods and Chattels of the Conusor to the Conusee that are apprised and taken into his hands upon the Extent he may be be forced to it by a Writ called a Liberate The Elegit is a Judicial Writ grounded upon the Statute and lyeth for him that hath recovered debt or damages in the Kings Court against one not able in his Goods to satisfie directed to the Sheriff to command him to make delivery of half the parties Lands and Tenements and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Bre. 152. Reg. Orig. 129 299. The Scire Facias is a Judicial Writ most commonly to call a man to shew cause to the Court whence it is sent why Execution of a Judgment passed should not be made And this commonly is not granted before a year and a day be passed after the Judgment given In which cases for the most part Execution is not grantable until this Writ and the return thereof be had and past Vet. N. B. 151. And where a man shall be put to this To have Execution or not see 21 E. 3.22 Execution 53 55 69 89 97 143. Scire Facias 126. Execution 102 164 243. And here observe That Executions may be arrested and stayed by the Court wherein the Judgment is given By the Common Law for a debt for which a man had Judgement he could have had neither Body nor Lands in Execution in case of a common person but the Goods and Chattels and Profits of the Lands except in case of an heir chargeable by the deed of his Ancestor but the Law is now otherwise for at this day upon a Judgment given for debt or damages in the Courts of Record at Westminster generally the moyety of all the Land that the Defendant hath tempore redditionis judicii or at any time after and all the Goods and Chattels he hath tempore Executionis or the day of the Writ awarded shall be subject and lyable to the Execution● and all these may be taken in Execution by the Sheriff into whose hands soever they be come Dyer 306.34 Co. 3.12 34 H. 6.45 The Ca. sa did not lye at the Common Law against any man for debt but in case of the King until 25 E. 3.17 Vide Co. 3. in Sir William Herberts Case How the Sheriff and his Officers are to perform their Office in doing execution the following Observations will shew 1. If the Sheriff have a Writ of Execution delivered to him and a Writ of discharge or Supersedeas come to the Sheriff but he hath not notice of it In this case he may serve

in the name of us or any of us shall at any time or times hereafter use implead molest arrest attach imprison and condemn or cause to be c. the said I. M. his c. or any of them for or upon the aforesaid Obligation so forfeited as aforesaid or by vertue of the said Judgment or of any Execution or Elegit to be had or procured thereupon or by any other wayes or means whatsoever In witness c. A Covenant to pay the Sheriff or his Bayliff for apprehending a man TO all c. I T. O. of c. send greeting Whereas c. doth owe and is indebted unto me the said c. in the sum of c. by Bill or Writing Obligatory under his Hand and Seal upon which Bill I have commenced a Suit at Law and thereupon had Judgment upon which I have taken out Execution And whereas M. F. Sheriff of c. or T. S. Bayliff of the Wapentake or Hundred of c. for the considerations here-under written and agreed upon hath undertaken to do his best endeavour for the serving of the said Execution and by vertue thereof to apprehend the Body of the said J. S. Now know ye That I the said T. O. for me my c. do covenant c That if the said M. F. or T. S. do serve the said Execution upon the Body of the said J. S. and him imprison and commit unto the Goal whereupon he may remain charged with the said Debt or if upon serving the said Execution the said J. S. do pay c. the said Debt or compound with me for the same that then in any of the cases aforesaid I the said c. shall and will forthwith pay the said M. F. or T. S. the sum of c. in consideration of the said business so to be performed c. In witness c. Covenants between two Partners at the dissolution of their Co-partnership THis Indenture made c. between T. H. C. and G. of London of the one part and W. I. C. and G. of London aforesaid of the other part witnesseth That whereas the said T. and W. by their Indenture of Co-partnership beating date c. for the confideration in the said Indenture specified did condescend conclude and agree to become and continue Joynt-Dealers and Co-partners together in the Art and Mystery of c. and in buying selling and uttering of c. and all other Wates Commodities and Merchandizes belonging or commonly used to and with the said Trade for the term of c. from the Feast-day of c. last past c. if the said T. and G. should so long live and unless they the said T. and W. should otherwise agree together as by the said Indenture of Co-partnership whereunto relation being had more at large c. And whereas the said T. and W. by their mutual consents free-will and agreement and for very good Causes and Considerations them thereto moving have thought good to dissolve and break off the Co-partnership and from thenceforth to become no Co-partners together Now this Indenture further witnesseth That it is covenanted concluded and fully agreed by and between the said c. for and concerning the premises in manner and form following viz. first the said W. for and in consideration of a certain sum of money to him the said W. in Hand at the ensealing and delivery of these presents by the said T. well and truly paid and delivered for him his c. doth covenant and grant c. by these presents to assign and set over remise and release unto the said T. his c. all and every such part portion and share as he the said W. his c. hath may might or ought to have of in and to all and singular the Goods Chattels Housholdstuff Wares Merchandizes Debts Obligations Specialties Bills Obligatory Sum and Sums of Money and other things whatsoever incident or belonging to the said late Co-partnership or joynt-dealing in any manner of wise and also his Estate Interest Right and Demand therein or in or to any part thereof together with all such benefit and commodity as he the said W. his c. might or ought to have had taken or received upon for or by reason of the said Bills Bonds Books Obligations or Speci●lties belonging to the said Co-partnership And that it shall and may be lawful to and for the said T. his c. to have keep receive and enjoy as well all and every the Goods Chattels Houshold-stuff Wares and Merchandizes belonging to the said late Co-partnership as also all and every such Debts Duties Sum and Sums of Money as shall be had received obtained or gotten by vertue of the said Book Bills Bonds Obligations or Specialties or any of them or of any Suit Judgment Execution or Process thereupon to be commenced pursued had or taken without the let trouble or contradiction or the unjust Plea in Bar arising from any act or thing heretofore done or hereafter to be done or willingly suffered by the said W. his c. or any of them and without any accompt or other thing to be therefore rendred or yielded to the said W. his c. or any of them And further that he the said W. heretofore hath not received any sum or sums of money belonging to the said late Co-partnership other than such as are already allowed upon accompt nor hath released or discharged nor that he his Executors or Administrators shall or will hereafter receive release discharge or make frustrate all or any of the said Debts Duties Sum or Sums of Money Bonds Specialties or Demands due or to be due by vertue of the said Bills Books Specialties Obligations or Agreements or any of them other than such as are allowed upon accompt as aforesaid without the consent or agreement of the said T. H. his c. first had and obtained in writing under his or their Hands nor voluntarily or willingly discontinue disavow or suffer to be non-suited in or make any retraxit or otherwise discharge hinder or delay any Action Suit or Plaint whatsoever which he the said T. H. now hath or at any time hereafter shall commence prosecute or pursue in the name of the said W. G. his c. for the recovery or obtaining of the said Debts Duties Sum or Sums of Money or Demands belonging to the said late joynt dealing but that he the said W. G. his c. shall and will from time to time and at all times hereafter upon the reasonable request and at the costs of the said T. H. his c. justifie allow maintain and avow all and every such action suit plaint and arrest as he the said his c. shall commence c. for the recovering levying obtaining or getting of all or any the Debts c. belonging to the said late Co-partnership ratifying c. all and every lawful act matter and thing whatsoever which he the said his c.

of their Lands Tenements Goods or Chattels for or by reason of the said Recognizance or Statute or of the penalty or forfeiture thereof in any wise so that neither I the said P.V. nor the said P. H. our Executors Administrators or Assigns nor any of us any action arrest extent judgment execution condemnation Liberate seizure debt or demand upon the said Recognizance or Statute shall or may from henceforth commence prosecute or pursue against the said Henry Adys his Heirs Executors Administrators or Assigns or any of their Lands Tenements Goods or Chattels but shall be thereof utterly debarred and excluded for ever by these presents In witnesse c. A Letter of Attorney to take possession and to deliver a Lease upon the ground BE it known unto all men by these presents That I W. D. of c. have made ordained constituted and authorized and in my place and stead by these presents have put my well-beloved Friend I. D. of c. my true sufficient and lawful Attorney for me and in my name and to the use and behoof of me the said W. D. my Heirs and Assigns to enter into all the Mannor of c. with all and singulat the appurtenances scituate and being in K. in the County of S. and now or late in the tenure or occupation of I. A. or of his Assigns and peaceable and quiet possession and seizin thereof for me and in my name to take and as my deed deliver unto one E.B. upon the premisses or some part thereof one Indenture bearing date with these presents made by me the said W. D. to the said E.B. mentioning a demise of the premisses for term of c. from the Feast of c. last past then next ensuing and fully to be compleat and ended under the yearly rent of c. unto which said Indenture I have subscribed my name with my own hand and sealed with my seal and delivered the same as my Escrowe unto the said I. D. to be delivered as my Deed upon the premisses or some part thereof after an entry made by him the aid I. D. into the premisses or some part thereof in the name of the whole and all and every other thing requisite and necessary to be done in or concerning the premisses for me and in my name to do as fully and effectually and in as large and ample manner and form to all intents and purposes as I my self might or ought to do if I were then and there personally present And I shall and will ratifie allow and confirm all and whatsoever my said Attorney shall do or cause to be done in or about the premisses by these presents In witness c. A Letter of Attorney to take possession of the Lands and the same Lands to demise survey or sell and to receive c. TO all c. R.E. of c. G.M. of c. and H. L. of c. send greeting Know ye That we the said R.E. G.M. and H.L. for divers good causes and considerations in that behalf moving have made ordained constituted and in our stead and places by these presents have put and authorized our servants R. N. and H. B. Gent. and either of them our true sufficient and lawful Attornies for us and in our names and to the use and behoof of us the said R. E. c. to enter into all those the Mannors of c with their rights members and appurtenances in the County of c. and into the advowsons of or belonging to the same or any of them and into every part and parcel thereof and the said Mannors and every or any of them for us and in our names to survey and we do by these presents give full power authority to the said R.N. H.B. and either of them to be our steward or stewards of the said Mannors and every of them and to keep such Court and Courts of Survey and other Court-Leets and Law-dayes of and upon the same Mannors or any of them as to our said Attorney or either of them or such other as they or either of them shall appoint shal be thought fitting and the same Mannors and every or any of them for us and in our names to bargain sell lease or grant to such person persons and for such estate for life inheritance or otherwise and for such sum and sums of money as our said Attorneys and either of them shall be thought fit requisite to the uttermoit and best commodity and profit of us the said R. E. G. M. and H. L. and the Deed and Deeds of the same grants and estates so to be made for us and in our names to feal and as our Deeds to deliver unto the parties to whom the same shall be so made or to any other to their use or uses and the Counterparts of the same for us and in our name to accept and receive and also all such fines and other sum and sums of money as shall grow due to the same for us and in our names and to the use of the said R. E. G. M. and H. L. to accept receive and take and upon the receipt thereof any acquittances or discharges for us and in our names to make seal and deliver and also for us and in our names and to the use of the said R. E. G. M. and H.L. to collect gather receive and take all such rents duties heriots arrearages of rents and profits of Courts as are already or shall be due or payable for out of or concerning the premisses or any of them giving and granting unto our said Attornies and to either of them our full power or lawful authority in touching and concerning the premisses to do execute proceed and finish in all things in as large and ample manner and form as we the said R. E. W.M. and H.L. or any of us might or ought to do if we or any of us were then present and ratifying and allowing whatsoever our said Attorneys or either of them shall do in the premisses or any of them according to the intents of these presents In witness c. A Letter of Attorney of a Bond for performance of Covenants of an Indenture of Lease TO all c. I J. K. of c. send greeting Whereas I. B. of c. M. A. of c. by their Obligation bearing date the c. are and stand bound unto me the said J. K. in the sumof c. with condition thereupon endorsed for the true performance of the Covenants Rents and payments mentioned and contained in and by one pair of Indentures of Lease bearing date the day of the date of the said Obligation made between the said I.K. of the one part and the said L. B. of the other part as by the same Obligation and Condition may appear Now know ye That I the said J.K. for divers good causes and considerations me hereunto especially moving have given granted assigned and set over and

Tattersel in the C. of Lincoln Yeoman sendeth greeting Know ye That I the said W. R. for divers good sufficient and reasonable causes and considerations me hereunto moving but especially for and in respect of certain several Sums of money heretofore to me paid by C. H. of T. in the said C. of Lincoln Gentleman have authorized constituted nominated made and ordained and by these presents do authorize constitute nominate make ordain and in my place put in the said C. H. my true faithful lawful undoubted and irrevocable Attorney from henceforth for me and in my name to ask receive gather and take all such Sum and Sums of money as are already due or hereafter shall or may become due unto me the said W. from any person or persons herein hereafter mentioned and expressed as also all such Sum and Summes of money as were due unto E. now my Wife in her Widowhood or hereafter may or shall be due to her by any person or persons whatsoever and herein hereafter mentioned and expressed by vertue of any Bill Bond or any other Writing or wayes whatsoever that is to say to ask gather receive and take of A.B. of C. in the C. of E. Yeoman the Sum of Ten pounds of lawful English Money due unto me by virtue of one Bond or Writing Obligatory from the said A B. to me the said W. R. dated the last day of June last past before the date hereof as in and by the Condition of the said obligation reference being thereunto had more plainly at large it doth and may appear and also Forty shillings of lawful English money from c. Then name every particular Sum and set them down according to their several names sums and dates as they are and insert these Covenants following as in and by the several conditions of the said Bonds whereunto relation being had more plainly and at large it doth and may appear For the recovery of all which said several Sums of money which shall arise or grow due unto me the said W. R. by vertue of any or either of the said Bonds yet in arrear due and unpaid I do by these presents give full power and authority unto the said C. H. for me and in my name and to my use as aforesaid to receive and upon non-payment of them or any of them to bring sue and prosecute for me and in my name all and all manner of Actions whatsoever as well real as personal and the same to prosecute and follow by sute arrest imprisonment judgment condemnation execution or otherwise And one Attorney or more for the doing of the premisses to make and the same at his will and pleasure to revoke and new in his or their place to be put in as large and ample manner as I might do if the same were by me in proper person done commenced sued or taken to the onely benefit and behoof of me the said W. R. allowing to the said C. out of the said Sum or Sums of money so by him received his reasonable lawful and necessary expences and charges laid out or disbursed in hand or otherwise in and about the recovery getting and procuring of the said Sums of Money or any of them with allowance and payment of all such reckonings Sum and Sums of money as are due to him the said C. by me the said W. as shall or may appear upon any reckoning bill bond or otherwise under my hand and seal or by sufficient witness And I do by these presents covenant promise and grant to and with the said C. his Executors c. That I my Heirs and Assigns shall and will at all times hereafter ratifie confirm and allow whatsoever my said Attorney shall do or cause to be done in or about the Premisses In witnesse c. A Copy of a Lease to try a Title THis Indenture made c. between c. witnesseth That the said A.B. for divers good causes and considerations him thereunto especially moving hath demised granted and to farm-letten and by these presents doth demise grant and to farm let unto this said W. M. all that Messuage or Tenement with the appurtenances scituate and being in N. aforesaid and all Houses Edifices c. now or late in the tenure or occupation of C.D. or his assigns To have and to hold the said Messuage or Tenement and Premises with the Appurtenances before by these presents mentioned to be demised c. for 3. years or more c. yielding and paying c. being lawfully demanded Provided alwayes and upon this condition That if the said A. B. his Executors Administrators or Assigns or any of them do well and truly pay or tender or cause to be tendred or paid to the said W. M. his Executors Administrators or Assigns at any time during the continuance of this present Demise the Sum of 12 d. of lawful English money that then and from thenceforth this present Indenture and every article and thing herein contained shall be utterly void and of none effect And that then also and from thenceforth it shall and may be lawful to and for the said A. B. his Executors Administrators and Assigns or any of them into the said Messuage or Tenement and Premisses with the Appurtenances and in every part and parcel thereof to re-enter and the same to have again repossess and enjoy as in his and their former estate any thing in these presents contained to the contrary thereof containing in any wise notwithstanding In witnesse whereof c. A Discharge made to the Sheriff for a Prisoner from him to whom the Prisoner is indebted KNow all men by these presents That I A. B. of C. in the C. of L. have remised released acquitted and discharged and by these presents do for me my Heirs Executors Administrators and Assigns remise release and fully and absolutely acquit and discharge T. J. High-Sheriff of the C. of L. aforesaid and J. B. his Under-Sheriff their Heirs Executors and Administrators of and from all and all manner of escapes as well voluntary as negligent and of and from all Actions cause and causes of Actions for or concerning the enlarging or setting at liberty of the body of J. S. taken at my sute by vertue of a Capias ad Satisfaciendum to the said Sheriff directed of 8 l. debt and 15 s. costs of sute returnable in the Court of Common-Pleas in Hilary Term last past And I the said A. B. do hereby discharge the said Sheriff from all Actions Reckonings Duties and Demands whatsoever concerning the executing of the said capias ad Satisfaciendum In witnesse whereof c. An Indenture of Partition where two have taken a joynt Lease of Messuage and Lands c. THis Indenture made the 5. day of June in the year of our Lord God according to the account used in England One thousand six hundred fifty and one between A. B. of c. of the one part and C.D. of c. of the

interest of him the said W. W. in all the said Messuages and Lands by his death are lawfully descended and come to your Orator as brother and next heir unto the said W. W. so that your Orator in equity ought to have such remedy benefit and advantage against him the said W. C. for all the said Lands c. as the said W. W. might have had at any time in his life-time May it therefore please your good Lordship the Premisses considered That the said Bill Answer Replication Depositions Orders and Certificates and the whole Process and proceedings upon all and every of them may be revived and stand in such state for your Orator against the said W. C. and his Heirs to all intents and purposes as the same were for the said W. W. at the time of the death of him the said W. W. and that your Orator may thereupon have such and as great benefit and advantage against him the said W. C. as your Orators said Brother W.W. might have had at the time of his death and likewise that it may please your good Lordship to grant unto your Orator Process of Subpoena c. The beginning and conclusion of a single Answer THe said Defendant saving and reserving to himself now and at all times hereafter all benefit of exception unto the incertainties insufficiencies and imperfections in the said Bill of Complaint contained for a full plain perfect and direct answer unto all and every the matters allegations and things which are in the said Bill of Complaint contained in any sort or wise material or effectual in the Law for this Defendant to answer unto saith c. The Conclusion Without that that any other matter or thing in the said Bill of Complaint contained material to charge this Defendant withall or effectual by him to be answered unto and not hereby sufficiently answered unto confessed or avoided traversed or denied is true in such sort manner and form as herein before is expressed All which this Defendant doth and will be ready to aver maintain and prove as this Honourable Court shall award and humbly prayes to be hence dismissed with his reasonable costs and charges in this behalf wrongfully sustained A Plea and Demurrer THe said Defendant by protestation not confessing or acknowledging any matter or thing in the said Bill of Complaint contained laid to the charge of this Defendant to be true in such manner and form as is therein set forth Saith That the said Bill doth contain therein against this Defendant as he is by his Council advised many apparent imperfections incertainties and insufficiencies such as do afford unto him just cause and matter of exceptions to plead in Bar of the Plaintiffs further proceedings against him in this Honourable Court thereupon the benefit and advantage of exception whereof this Defendant apprehending accordingly saith first for answer to so much of the said Bill as is material to charge him withall That he believeth it to be true c. Answer what is necessary to be answered to the Plaintiff's Bill And as unto the accompt which the Plaintiff by his said Bill demandeth of this Defendant and to all other the matters of the said Bill not before hereby answered unto he this Defendant for and by way of Demurrer thereunto saith c. And for all these matters causes and reasons before alledged and for divers other apparent incertainties and insufficiencies in the said Bill doth under favour of this Honourable Court demur in Law unto and upon all those points of the said Bill not before answered unto and demandeth judgement of this Honourable Court whether the premisses standing in state as is before alledged he this Defendant shall be compelled to make any other or further answer thereunto and whether the Plaintiff shall be admitted to any relief examination of Witnesses or further proceedings against this Defendant in this Honourable Court thereupon whose judgement therein this Defendant humbly expecteth and most humbly prayeth to be dismissed c. A Certificate for a Forma Pauperis in Chancery To the Right Honourable the Lord Keeper of the Great Seal of England MAy it please your Honour to be advertised by us whose names are here under-written That to our knowledge A.C. of c. is a very poor Woman and not worth 5 l. and there being a Sute in Chancery lately commenced against her by one R.B. the same besides her trouble is like to bring upon her great expence and unless the same may be prevented by your Lordships favour by admitting of her in Forma Pauperis the defence of such Sute otherwise is like to tend to her undoing The Consideration of all which we humbly leave to your Lordships further consideration and do rest At your Honours or Lordships Command An Affidavit for the same I. S. of c. maketh Oath that be verily believeth that A. C. of c. is not worth 5 l. of her own proper goods her debts being paid and she is very lame and by reason of her infirmity not well able to travel to London about such Sute as is prosecuted against her by one R. B. Jurat 20. die M. I.M. The Petition of the same To the Right Honourable c. The humble Petition of A.C. of c. Widow Defendant to the Bill of Complaint of R.B. Complainant SHeweth That your Petitioner is a very poor Woman and not worth 5 l. as may appear by the Certificate hereunto annexed of sundry Persons of Quality to whom her poverty is well known and there being this last Term a long Bill exhibited by the Plaintiff in Chancery against her for and concerning c. and other things of like nature she in respect of her poor estate shall not be able to answer or defend that Sute unless your Lordship be pleased to admit her in Forma Pauperis to be sued and sue concerning the same Wherefore your Petitioner doth humbly desire that your Lordship in consideration of her poverty she being not able to travel would be pleased in that behalf to admit her in Forma Pauperis and to assign Master G. and Master T. to be of her Council and Master M. to be her Attorney and she shall ever pray c. Answ Upon the Certificate and Affidavit of Poverty annexed let the Pertitioner be admitted to sue and be sued in Forma Pauperis as is desired T. G. c. The Form of the Title of a second Answer to be made upon a Report c. THe further answer of A.B. one of the Defendants to the Bill of Complainant of C.D. Complainant according to the report of E F. one of the Masters of this Court made the 17 day of J. and of an Order of this Court of the 8 day of this instant month of April 1664. The said Defendant in obedience of the said order and for further satisfaction of this Honourable Court saith c. All which matters and things he this Defendant is and will be ready

it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall

the Execution and justifie it Cro. 1.440 2. After half the Land of a man is taken in Execution upon one Judgment then if there come another Judgment against the same person a moyety of the moyety only left and not of the whole is to be extended Cro. 1.482 483. 3. The Sheriff upon a Fieri facias may not deliver the Defendants Goods to the Plaintiff in satisfaction of his debt Cro. 1. part 504. 4. If the Sheriff open or break any House to do Execution at the Suit of a common person the Execution is good but the party whose House is broken may have an Action of Trespass against him for the breaking of the House Co. 5.93 Co. 4.91 Semaines Case Co. 11.82 5. If the Sheriff have a Fieri facias or a Ca. sa against a man and before Execution executed he pay him the money in this case the Sheriff cannot do execution after if he do an Action of Trespass or False Imprisonment lyeth against per Justice Jones and Justice Berkley B.R. Pasch 12 Car. 6. If Execution be by Fi. Fa. and the Sheriff seise Goods and before the sale the Record is removed by Error and a Supersedeas awarded and a seizure returned in this case a Venditioni Exponas may be awarded upon the return of the Fieri facias which is filed Cro. 1.597 598. 7. If Execution be for the Plaintiff if the Defendant be taken by Capias Utlagatum and if Judgment be affirmed in Error a Capias or other Execution lyes without Scire facias although in another Court Cro. 1.706 851. 8. The ancient Sheriff being out of his Office cannot sell the Goods he took upon a Fieri facias Yelverton 44. How Execution is to be done in the Cinque-Ports see Bendloes 15. Observe here further That if the Defendant dye his body being in Execution the Plaintiff may have a new Execution against the Lands or Goods of the Defendant as he pleaseth but the Plaintiff while he hath the body of the Defendant in Execution can have no other Execution against his Lands or Goods Co. 5.65 66.86 87. A new Execution may be sued against any man who by Priviledg of Parliament shall be set at liberty Stat. 5 Jac. cap. 13. If the Sheriff hath a man in his custody by process of Law and after this a Writ of Capias ad Satisfaciendum is delivered to him in this case in Judgment of Law he shall be in Execution presently upon that Writ though he never make any actual arrest thereupon Co. 5.89 I will now cite some few Cases to illustrate this Point 1. If two be in Execution for one debt and one of them dye under Execution this will not discharge the other But death under Execution in case where there is but one Defendant is in satisfaction Cro. 1.851 F.N.B. 146. Cro. 2.136 143. But this by the Common Law For now by the Stat. of 21 Jac. cap. 24. If a man be in Execution for a debt and dye in Execution for it the debt unpaid the Plaintiff shall now have as much remedy against his Lands and Goods as if he had never been or dyed in Execution Co. 5.86 Cro. 2.136 142. 33 H. 6.47 3 H. 6.7 N.B. 246. 2. If the Defendant pay the money by this he shall be discharged of the Execution So a Release of all Executions will barr in this case although it be in the Kings case But a Release of all Suits will not discharge from Execution in the case of the King or Subject Co. 8.153 But a Release of the Judgment and of all debts and duties will discharge the Body out of Execution Co. 1. part Inst 291. But if he make any Depheasance Release or other such like act to the Defendant being in Execution amounting to a discharge of the Execution this will not be in it self ipso facto a discharge of the Execution but this will make way for his discharge by Audita Querela or some other means And therefore in case where the Plaintiff consented that the Defendant his Prisoner in the Kings Bench should come to him out of Prison to the Horse-shooe Tavern which was out of the Rules without a Keeper or any Order of the Court thinking to have some agreement with him and he doth come to him and was taken again upon the same Execution and put into the Kings-Bench he was relieved and discharged by Audita Querela And a discharge by word in this case is good enough For if I say to the Sheriff and bid him discharge such a one he hath in Execution at my Suit or suffer him to go at large this is a good discharge both to the Sheriff and to the party Popham 206 207. Trin. 24 Car. B.R. Walker and Alder. 3. If A. and B. Joynt-Tenants for life the Remainder in Fee and Judgment is given against A. in debt and afterwards before Execution he release to his Companion this shall not avoid the Execution upon the Land But if A. had dyed before Execution the Survivor would have held the Land discharged Co. 6.79 Abergavenyes Case 4. If a Judgment be against one Obligor in the Common-Pleas and another Judgment in the Kings-Bench against the other Obligor and a Capias ad Satisfaciendum in the Kings-Bench against that Defendant and then the Body and Lands of the other is taken in the Common-Pleas and he is delivered by Audita Querela as he may be although the Land taken in Execution be evicted yet his body shall never be re-taken in Execution Hob. Rep. 2. 5. If a Sheriff Gaoler or other Officer that hath a man in Execution at my Suit for debt or damages do after suffer him wilfully or negligently to escape and do not re-take him before I commence my Action against him In this case I may in an Action of Debt or Action of the Case which I will recover against him by whose means this is done but not against his Executors or Administrators so much as I am damnified thereby Plowd 45. Co. 3.52 Dyer 278. Cro. 3.767 F.N.B. 93. 6. If the Sheriff take one in Execution at my Suit be the process by which he is taken erronious or not if the Sheriff suffer him to escape he shall be charged with this escape Cro. 3.188 576. Cro. 2.1 7. If the Chief Justice of the Court by which the Prisoner is committed the Sheriff and the Plaintiff in the Suit all of them agree together to let a prisoner in Execution out for a time this will be no escape especially there where the Prisoner doth return at his time Dyer 275. 8. If the King or any great Man out of the ordinary way of Law shall command or require the Sheriff or other Officer that hath the keeping of such a prisoner to set him at liberty altogether or fo● time and he doth so although he return to prison again yet this will be an escape in the Sheriff to make him liable to action Dyer 278 279. 9. If a

Defendant avowing for damage Feasant the Plaintiff justifieth by reason of Common of Pasture Stat. Marlb cap. 21. The Sheriff may replevin Beasts not onely without but within a Liberty also if the Bayliff of the Liberty will not Stat. Westm 2. cap. 2. The Sheriff or Bayliff shall take Pledges of the Plaintiff not onely de prosequendo before they make deliverance of the Beasts but of returning the Beasts if a return be adjudged he that taketh pledge otherwise shall answer the price of the Beasts Upon a Return awarded to the Defendant the Writ de Returno habendo shall have this Clause That the Sheriff shall not deliver them without Writ wherein mention shall be made of the Judgement And thereupon the Plaintiff if he will may have a judicial Writ to the Sheriff to deliver him the Beasts Upon a Return awarded after which if a Return another time be awarded there shall be no more Replevins And if upon his default a second time or otherwise the Defendant be adjudged to have a New Return the Distress shall remain irreplegiable Stat. 1 2 Phil. Ma. cap. 12. Every Sheriff of a Shire being no City shall at his first County day or within two moneths after the receit of his Patent proclaim in the Shire Town four Deputies at the least dwelling not past Twelve miles one from another which in his name shall make Replevins as the Sheriff might do himself This is all thought fit at the present to be Added to make this Book Compleat wherein you not onely find the Choycest Presidents in their kinds but the Nature and Use of them according to the Common Law or as bounded by Statutes And withall given a short Touch upon Distresses and Replevins with the Statutes relating thereto FINIS The Table A INdenture of Annuity 1 118 159 450 571 Assignment of a Lease in trust 10 138 176 Atturney Letter of Atturney 33 144 147.199 200 Another 34 146 148 149 201 203 204 319 341 Award the form thereof 34 172 584 587 Assignment of two several Obligations 52 Assignment of two Apprentices c. 53 Assignment of a Lease of Partition c. 57 Assignment of a wharf-stocke c. with a general Release c. 61 Assignment of a Lease c. with an Execution 62 67 134 491 Assignment with a Proviso 96 Assignment of Lands taken upon extent 98 Apprentiship Indenture thereof 119 Assignment of a moyety of a house goods c. 136 Assignment of an Annuity 140 175 Apprentice discharge of him 144 Arbitrement condition of a bond thereof 153 160 Apprentice covenant for his truth 153 Annuity released 330. Atturney Letters of Atturney several kindes thereof 342 343 344 345 346 347 369 386 Assignment letter of Atturney of several bonds 381 Answer in Chancery beginning end thereof 425 Title of a Second answer c. 427 Affidavit that a Defendant cannot answer without sight of writings 429 Administrators account the form thereof 430 Answer in Chancery to a bill there-exhibit 431 Articles of agreement form thereof 439 454 561 Acquittance for purchase money 501 Attornment of tenants indorsing thereof ibid. Assignments of several Leases with good Covenants 536 Articles for buildings 557 Articles to Surrender Copyhold lands c. 565 Assignment of a bond for collaterall Security 570 Articles to hold Coyhold lands from year to years c. 574 Allotment of several parcels of Land an Indenture to that purpose 632 Atturney Letter of atturney Irrevocable with covenant c. 650 Another of another kind 651 Of a mans Estate in generall 652 Of severall Sums of money 653 Assignment of certain debts 654 B BIll of Sale 17 170 Bond assignment thereof 41 Bargayne and Sale of a Mannor with necessary Covenants 102 120 Bargayn and Sale of a house in London 130 Bill of Debt 163 489 654 Bill obligatory 164 Bargaine and Sale of houshold-stuffe and others 170 171 Bargaine and Sale of trees 208 Bargaine and Sale absolute of a house Land 214 607 609 Brewers Clarke a condition for him 225 Bargaine and Sale of woods 320 618 619 Burgess to serve in Parl. Indenture 357 Bills in Chancery Several formes thereof 420 433 Bill of Revivor 424 Bargaine and Sale deed to revoke it 442 Bargaine and Sale for collaterall Security 483 Bargaine and Sale upon Surrender of a Lease 511 Bargaine and Sale in trust 523 A plain Bargaine and Sale to be enrolled 556 Bargaine and Sale from the mortgages and mortgager to another before time of redemption 593 Bargaine and Sale conditionall to Feoffees in trust 599 Bargaine Sale of Swan and Swan-mark 617 C Condition to pay a Summe of Money at two payments c. 32 179 Condition to make Free an Apprentice 33 Condition to pay Money in 14 dayes c. 56 160 Condition to yay Money to Children at their several Ages according to a Will c. 59 60 Condition to pay Rent quarterly c. 87 158 188 192 332 549 Covenant to deliver possession or a deed 95 185 300 Contract of matrimony revoked 97 Charter-party for a ships voyage 100 395 Conveyance in Fee of a house and land c. 125 Copyhold Covenant to Surrender it 151 156 199 332 Covenant for further assurance 151 154 158 Covenant that he is lawfully seized c. 152 Covenant not to cut down or Sell trees c. 152 Condition of a Bond of Arbitrement 153 160 Condition to find one dyet by the year 155 Condition to save a tenant harmless for payment of rent the title being in controversy 155 547 Condition to discharge Churchwardens of a child c. 156 Condition for quiet enjoyment c. 157 187 188 327 Condition to Save harmless c. 161 183 190 193 196 197 198 Condition to pay money upon a nonsuit 162 Condition to perform Covenants 162 180 298 Condition to deliver Hay or Oats at a day 179 Condition to stand to an Award c. 180 Condition not to demise or alien without consent 181 Condition to justifie actions c. 182 Condition to pay money yearly c. 183 185 Condition to seal an Indenture by a day 184 Condition to assign a Lease c. by a day 186 302 Condition not to do any act to prejudice the estate of the Obligee in a Lease c. 187 Condition from a husband to secure childrens estates 189 Condition for an hired Servants truth 191 Condition to pay money at the end of an Apprentiship 194 Condition to repay money upon dislike c. 195 Condition to build a house or Farm ibid. 299 Conveyance of Land upon marriage 218 Condition that Land is free from incumbrances 224 Condition for a Brewers Clerk 225 Covenant to seal a new Lease and the Lessee in the interim to enjoy 236 Covenant to pay the Sheriff for an Arrest 238 Covenants between Partners at the dissolution of their Partnership 238 Conveyance from tenant in tayle to Baron and Feme and the heirs of the Baron for ever