was sent back from the Justices at Chester to the Bench to determine a Forreigne voucher day is given the tenants make default and for that the cause was determined 91 Entry of a Count ad Terminum qui Praet in County Palatine of Chester with the Pleadings 92 S Secunda Deliberatio Entry of a writ of Second Deliverance after the goods were taken in Withernam and the Defendants attorny was compelled to gage deliverance 93 Scire Facias Entry of a Scire Facias upon a recognizance against sureties in replevin after Averia elongat retorned 95 Entry of a Scire fac after a judgment reversed in writ of false judgment upon a Record in Dtinue 97 Entry of a Scire Fac directed both to the sheriff and Coroner to levy a debt upon a Fieri Facias and not paid at the retorne of the Fi Fac. 98 Entry of a Scire Fac. upon a generall pardon after a capias ut lagat wherein are speciall pleadings 110 Entry of a count in debt upon a generall pardon 100 Entry of a Scire Facias upon a recognizance where one of the defendants is dead and the other prayeth imparlance ib. Entry of a Scire Fac. against the Tenant by Elegit where part of the debt is levyed the residue brought And a delivery awarded 101 Entry of a Scire fac awarded in Aide 102 Scire Facias Entry of a Scire fac by an administrator against an executor where the letters of administration are shewed assets confessed to 40 l. and traverseth that he hath Nulla alia bona Replication that he hath more Assets and verdict 102 Entry of a Scire Fac. against an executor of 1 Manucaptor of 3. Manucaptors upon a Recognizance in debt judgment against the Principall Speciall pleadings 104 Entry of a speciall bar to a Scire fac against the executor to have execution de bonis propriis after a Devastavit retorned wherin judgment is for the Defendant after demurrer 109 After plene administravit pleaâ—ded assets are found and judgmen-thereupon the sheriff retornes a Deo vastavit such Spe. Devastavit â—n 1 good plea. 11â— Entry of Scire fac against an executor upon surmise that the executor had wasted the goods of the Testator after judgment tryall and speciall verdict therein ib. Entry of a Bar to an alias Scire facias upon Recognizance in priviledg where one makes default and the other pleads payment issue non solvit ib. Entry of a Scire fac against Ter-tenants upon judgment in debt after death of the obligee the recovery recited Elegit awarded de medietate terrarum 112 Entry of a Scire fac upon a Recognizance the defendant pleads a feoffement made of the lands c. before judgment c. and prayeth Iudgment The plaintiff saith that the Lands are held in Fee simple and Traverseth the feoffment 113 Entry of a Scire fac upon baile to make deliverance after gage deliverance of Cattle in Court against Manucaptors because the Conusee had not made deliverance Iudgment by nichil dicit ib. Entry of the like Scire fac against Manucaptors c. 114 Entry of a Scire fac upon a Iudgment in a Writ de Droit de Gard. Entry of a Scire fac upon Iudgment in detinue for Cattle ib. Entry of a Scire fac against an heire upon Iudgment against his father in Debt and an Elegit awarded 115 Entry of a Scire fac against an heire upon Iudgment against his father in the time of another King ibi Entry of a Scire fac against the Ter-tenants of lands descended to G. in Feesimple from W. his father and which were of the said G. 12. F. test of the originall 116 Entry of a Scire fac at the suite of an executor against an heire upon a Iudgment against the father viens per Discent pleaded in bar replication Assets per discent at the test of the Scire fac 111 Entry of a continuance of a Scire fac 118 Entry of a Scire Fac. by the surviving Administrator of the goods of the first intestat not administred by the first Administrator ib. Entry of a Scire fac to have execution de bonis propriis upon a devastavit retorned post Annum diem ib. Entry of a Scire fac brought by the executor against the administrator at the full age of the executrix upon a Iudgment had against the intestat by the administrator during the Minority of the Infant ib. Entry of a Scire fac against ter-tenants 119 Entry of an alias Scire fac against the Administrator upon Iudgment against the intestat 120 Entry of a Scire fac with a Capias testat thereupon awarded ib. Entry of an Alias Scire fac upon Iudgment had against the Principall upon originall in debt out of the common Bench. ib. Entry of an alias Scire fac where the first terme 122 Entry of a Scire fac upon a recovery in Dower against the ter-tenants for the value of the Damages ibi Entry of a Scire fac upon Iudgement had against 4. executors whereof 2. onely appeared and those only amersed 124 Entry of a Scire fac by a new Administrator during the minority c. of goods not administred by the first administrator upon a recovery by the first administrator Iudgment by nihil dic 125 Entry of a Scire fac to have the penalty given by the statute of 23. H. 6. cap. 11. against a sheriff for levying more monies upon a town for Knight service then the towne was taxed 126 Entry of a writ of Attachment issued out of Parliament to heare a bill to the same Parliament 127 Entry of a plea of speciall Bastardy pleaded in Bar to a Scire fac to have execution upon a fine demurrer thereto and judgment for the demandant ib. Entry of a Scire fac wherein execution was awarded at the Assize upon the tryall before the day in the Bench. 148 Entry of a Scire fac wherein aide is granted by the King to execute a fine ib. Entry of a Scire fac brought by the K. upon a judgment in Assize of Darreigne presentment had by the King by reason of the wardship of an Ideote Defendant pleads that the Lessor was respited untill 8. Hill for the default of the recognitors and judgment therein against the King ib. Entry of a Scire fac brought by the Tenant in Recovery to have execution of lands in value against the voucher 130 Entry of a Scire fac wherein judgment is given against the Pla. in execution of a fine ib. Entry of a Scire fa upon an indictment in debt where the defendant before execution fradulently convayed his lands with intent to defeat the plaintiff ib. Entry of a Scire fac for damages in an Assize of fresh force 131 Entry of a Scire fac against the sheriff for taking insufficient pledges in Repleg Entry of a Scire fac and judgment herein superseaded for that the def was in the Kings custody ib.
against the law of the land of the Realm of the Lord the King of England unjustly constrained by arrest of his body whereas in truth neither the said I. L. nor the said I. C. nor either of them at the time of the levying of the said plaint or any time afterwards hitherto was Tinner working in any Stannary worke within our Counties of D. or C. And whereas in truth the account aforesaid doth not concerne any Tinner or matter or matters belonging to the said Stannaries Averment that neither Plaintiff or Defendant were Tinneâ—â— Averment that the account did not concern Tâ—nning and although the same I. L the matter aforesaid by him above alleaged before the said Warden Subwarden and steward often pleaded and alleaged in the Stanuary Court aforesaid and offered to prove with inevitable truth and Testimony Neverthelesse the said warden Subwarden steward Deputy or Keeper of the place would not admit of that plea or allegations but altogether refused and the same I. C. notwithstanding the plea alegation probation of the said I. L. aforesaid in the premisses aforesaid the said I L. before the said warden underwarden steward Deputy or Keeper of the place in the plea aforesaid to be condemned with his whole strength indeavoureth and tryeth from day to day in contempt of the Lord the King now and manifest damage impoverishment and greivance of the said L. and against the lawes of the Realme of England and this he is ready to verifie whereupon the said L. humbly imploring the aide and munificence of the Court of the Lord the King now prayeth remedy and a writ of the Lord the King de Prohibitione to the said warden underwarden c. And to the said C. Counsellors Attornies and Solicitors of the said C. in this behalf whatsoever to be directed in Forme of law to prohibit them and every of them that they nor any of them proceed not further in the cause aforesaid or any thing that concerneth the premss in the court aforesaid before the said Warden c. or presume to attempt any thing more in the cause aforesaid in the court aforesaid which may give way to indamage the said I.L. or prejudice of the Law of the Lord the King now his Crowne or dignity and to him it is granted c. Warburton Mich. 25. H. 6. Rot 323. Prohibition without a cause depending against the Bishop of Winchester for excommunicating a man for serving a warrant of peace upon his Chaplain EAster 44. Eliz. Rot. 1738. The like Causa non pendente out of the Court of Request against the corporation of Myners THat this Prohibition causa non pendente being granted upon the motion of Serjeant Hele Justice Gawdy and Warburton Walmesly being absent Nota. And at another day Justice Walmesly being present and Justice Gawdy being absent Justice Walmesly said that the prohibicion lay not Causa non pendente And thereupon the Prohibition did not issue forth though Warburton put his hand to it Yet Gawdy and Walmesly denyed Quare Impedit H 12. H. 7. Rot. 315. Mordent Leic. ss Tho. and Eliz. his wife In Quare Impedit the Plaintiffs have a Writ to the Bishop upon the Bishops plea after the death of the Patron bring their writ of Q. Impedit to present to the Church of N. which is voyd c. And count in right of their Fee of an advouson in grosse against W. Bishop of Lincolne I G. Kt. and R. M. Clerk issue upon the traverse of the advouson in grosse and judgment against the Bish with a cessat c. and the plea depending the patron incumbent dye the Plaintiffs pray execution of the judgment against the Bish and have it c. Ravishment de Gard. Ravishment de gard brought by the King the Kings Attorney by force of the Letters Patents under the privy seal sealed Waives his issue and saith that the Defendant is not guilty and judgment that the defendant go without day the Kings right being saved H 12. H. 7. Rot. 228. Mordant Oxon. ss the King brought his writ of Ravishment de Gard. against I. G. and A. his wife for Ravishment of Richard Son and heire of Edward Bockingham c. the defendant Pleads non cul and afterwards James Hobard attorney of the King and the Defendants come in their proper persons and the Kings Attorney Relicta verificatione c. by vertue of a certaine warrant with the signe manuall of the said Lord the King signed directed to the same James and shewed here in Court on the behalfe of the said Lord the King saith they are not guilty prout c. Therefore it is considered that the said Io. and Anne goe thereof without day c. the Kings right being reserved when at an other time therein she would speak c. Retorn Recordi Return of the Record sent to the Iustice at Lanc. to be tryed after triall in the Bench. AFterwards to wit upon Monday next after tres Pas next following the said C. came back here into Court in his proper person And Humphery C. Justice of the said Lord the King at Lanc. before whom c. sent the record and proceedings cum toto facto suo in the premisses before him at L. in the county aforesaid had in these words Afterwards on monday in quarta septimana LX. before H. C. Iustice of the Lord the King at Lanc. came aswell the within named R. R as the within named R. B. in their proper persons And hereupon the same R. prayeth a writ of the said Lord the King of ve fac here 12. Ven. fac aWarded at Lanc. c. before the said Justice at L. c. to trie the issue within written to be directed to the sheriff of the county of Lanc. which was granted him c. wherupon it was commanded to the sheriff of Lan. that he cause to come before the said Justice at Lanc. upon Tues quarta septimana XL. prox next comming 12. c. of the neighbourhood of C. by whom c. and who neither Return of the Ven. fac c. to recognize c. because aswell c. At which day here came the parties aforesaid c. in their proper persons And E. S. Knight sheriff of the said county of Lanc. returned before the Justices here to wit at L. aforesaid the writ aforesaid in all things served and executed together with the names of the jurors between the parties aforesaid impanelled annexed to the same writ which said jury being solemnly caled came not whereupon it is commanded to the said sheriff of Lanc. that he have before the said Justices here to wit at Lanc. aforesaid upon Wednesday Iury came not in dec quart Sept. 40. next coming the bodies of the said Jurors between the parties aforesaid before impaneled to make that jury the same day is given to the parties aforesaid here c. at which day of Wednesday here to wit at L.
Plaintiff and Defendant come by attorny And there upon the same David prayeth execution against the same John for the said 20 l. by him in Form aforesaid acknowedged to be levyed of his lands and Chattles and against the same Bartholomew for the said 20 l. c. and so against the rest severally And the same I. B. W. and H. pray liberty to imparle untill Cr. Tri. and have it c. The same day is given to the same David here c. Execution prayed severally PAsch 9. Jac. Roll 349. Walter Devon ss It was commanded the sheriff because in the record and proceedings Scire facias after a judgment reversed in a writ of false judgment upon a Record in Detinue and also in commencing of a certain plaint which was in the hundred of N. C. Esquire of N. without writ of the Lord the King between I. C. W. H. in a plea of detinue of corne which the same I. C. demanded of the same W. a writ of false judgment was given against him in the said plaint as the King is informed by the grievious complaint of the said William and as by the inspection of the Record proceedings in the cause aforesaid which the said Lord the King now caused to be brought before his Justices at Westminster sufficiently appeareth that false judgment was given against the same William in the plaint aforesaid For which in the Court of the Lord the King now here before his said Justices it was considered that the judgment aforesaid should be revoked nulled and altogether taken for nothing Judgment reversed And that the same William should be restored to all things which he had lost by occasion of the judgment aforesaid Notwithstanding because the said Io. Clerk after the judgment aforesaid in the hundred aforesaid given and by force thereof and pretence of a certaine judiciall precept issuing out of the hundred caused to be don and levyed upon one Cow of the same Willam 39 s. 11 d. for the value of the said Corne to wit for eight bushels of Rye and 12 d to the same Iohn for his costs and charges which he had and sustained by the occasion of the detention of the corne aforesaid in the hundred aforesaid adjudged And thereupon the said Cow was sold by which occasion the said Iohn Clark of the said 39 s. 11 d. for the value of the said corne and of the said 12 d. for his costs and charges aforesaid in the hundred aforesaid by vertue of the judgment aforesaid recovered was and is satisfied as by the relation and information of the said William the Lord the King is informed and understands And because c. that by honest c. he should make knowne to the said I. C. that he should be here at this day to wit Men. Pas to shew if any thing c. Wherefore the Cow aforesaid or the value of the same or the said 10 s and 11 d. in Form aforesaid recovered Scire facias to have restitution ought not to be restored and repayd unto the said William according to the Form and effect of the said judgment in the said Court of the said Lord the King now in Form aforesaid if c. And now here at this day came the same W. H. by R. S. his attorney and offered himselfe the 4 th day against the said I. C. in the plea aforsaid and he being solemnly called came not and the sheriff now retorneth that he hath nothing Alias Sci. fac awarded c. nor is to be found c. Therefore as before it was commanded the sheriff that by honest men c. he shall make known to the said I. C. that he be here in Cr. Trin. to shew in Form aforesaid c. PAas 13. Jac Rot. 774. Brownlow Civit. Covent ss It was commanded the Coroners of the City aforesaid whereas the King had commanded the late sheriff of the City aforesaid that of the lands and chattls of H. L. late of D. in the county of Cest Gent. in their bayliwick they would cause to be made aswell a certaine debt of 150. Scire facias directed to the Coroners and Sheriffs both to levy a certaine debt upon a fi fac and not payed to the party at the returne of the fi fac l. which H S. in the Court of the King here to wit at Westminster recovered against him as 30 s. which to the same H. in the same Court of the King here were adjudged for his damages which he had by occasion of detayning of that debt and that they should have those monies before the Justices here to wit at Westminster 15. Marti last past to render to the said Humphery for his debt and damages aforesaid whereof he is convicted at which day here to wit at Westminster aforesaid came the same H. by G. B. his attorney and the sheriffes to wit T. L. and I. B. then retorned that they by vertue of the said writ to them directed of the Chattles of the said H. have caused to be made 125 l. parcell of the debt and damages aforesaid which said 125 l. here to wit at Westminster aforesaid at that day they have ready notwithstanding the same sheriffs the said 125 l. had not here in Court of the Lord the King at that day nor have satisfied the same Humphry for the said 125 l. as by the information of the said H. to the King was made known and because c. that by honest and c. they should make knowne to the same T. and I that they should be here at this day to wit 15. Pas to shew if any thing c. wherefore the same H execution against them for the said 125 l. by them in Form aforesaid levyed ought not to have c. if c. And now here at this day commeth the said H. by his attorney aforesaid and offered himself the 4 th day against the said T. and I. in the plea aforesaid and they being solemnly called came not and the Coroner to wit W. F. now retorneth that he by vertue of the Writ aforesaid to him directed by F. N. and T. W. honest c. made known to the same T. and I. to be here at this day to shew in Form aforesaid c therefore it is considered that the said H. have execution against the same T. and I. for the same 125l by them in Form aforesaid levyed by default c. LOndon ss Pasch 11. Jac. Rot. 620. The entry of a Sci. fac upon a generall pardon Capias ut lagat Brownlow ss It was commanded the sheriffs that they should not omit for any liberty within their Bayliwick but that they should take H. H late c. otherwise called c. utlawed in London next before the Feast of St. Dunston the Bpp. An. primo c at the suit of G. E. in a plea of debt if c. and him in safty c. so
of c. in their Bayliwick they should cause to be made as well a certain Debt of a hundred pounds which T G in the Court of the Queen here recovered against him as six pounds as forty shillings which same T. in the said Court here were adjudged for his damages c. Re. Oct. Hillar And now here at this day c. and the Sheriffs Nichil c. And hereupon it is testified in the same Court That the same G. after the death of the same W sold diverse goods and chattells which were of the said W. at the time of his death and the monies received for those goods and chattells converted into his own use and the residue of the goods and Chattells which were of the said W were eloyned or to his own use converted with the intention that the said Execution should not be done Therefore it is commanded the Sheriffs that of the goods and chattells which were of the said W at the time of his death being in the hands of the said G. they should cause to be made the Debt and damages aforesaid If they can be found in their Bayliwick otherwise by the Oath of honest and lawfull men of their Bailiwick they should make diligent enquiry what goods and chattells that were of the said W at the time of his death by the said G after the death of the said W are sold or eloyned or converted to the use of the said G. and what they shall finde by that Inquisition the sheriffs should make appear here such a day under their seale c. and seales c. the same day is given to the said T here c. At which day here came the said T by his Attorney aforesaid and the Sheriffs to wit T. C. and W. C. now return a certain inquisition taken before them at Guild Hall of the City of London by the oath of twelve c. by vertue of the Writ aforesaid taken by which it is found that diverse goods and chattells which were of the said W. B. at the time nf his death to the value of one hundred and ten pounds came to the hands of the same G. B. after the death of the same W. B. to be administred and that the same G. had converted all the same goods and chattells to his own use Therefore it is commanded the Sheriffs that by honest and lawfull men of their Bailiwick they should make known to the said G that hee should be here alia die to shew if he had or knew any thing to say for himselfe wherefore the said T Execution against him for the Debt and Damages aforesaid of his own goods and chattells ought not to have c. according to the Form of the Recovery aforesayd if c. Nihil returned Al fi fac awarded At which day here came the said T. by his Attorney aforesaid and the Sheriffs now returned that he hath nothing c. nor is found c. Therefore as before it is commanded the Sheriffs that by honest c. they make known to the said G. that he should be here at this day to shew in Forme aforesaid c. Defendant appeares And now here at this day came as well the same T. by his Attorney aforesaid as the said T. premonished c. by T. W. his Attorney and the sheriffs now return that the said G hath nothing c. nor is found c. hereupon the said T prayeth Execution against the said G of the Debt and Damages aforesaid Prayes Execution of his proper goods Quere of the proper goods and chattells of the said G to be levied to him to be adjudged c. Quaere if such a Writ be usuall See Petifers case Coke 5 fol. 32. That such writ Est male Barr by confession that execution ought to be against him for the damages of his proper goods but as to the debt pleads fully administred before the Teste of the originall against funeralls and payment of debts and that he had not the goods found by the inquisition nor wasted c. and the eupon a demurrer Plene administravit specially pleaded about funeralls payments of debts and other necessaries c And traverseth the wast found by the inquest of office Judgement for the defendant after demurrer Nota And the same G as to the Damages aforesaid saith That he cannot gainsay but the same T ought to have Execution against him for those Damages of the proper goods and chattells of the said G. according to the recovery aforesaid therefore it is considered that the said T. have Execution against the said G. of the Damages aforesaid of the proper goods and chattells of the same G. according to the Recovery aforesaid and as to the Debt aforesaid the said G. saith That the same T ought not to have Execution for that Debt of the said proper goods and chattells of the said G by pretence of the Recovery and inquisition aforesaid because he saith That he before the day of purchasing the Originall writ of the said T. fully administred all the goods and chattells which were of the said W.B. at the time of his death about the Funerall and payment of Debts of the said W. and other necessary things to be done and administred by the same G as Executor of the Testament of the same W. and then nor at any time afterwards had not nor yet hath any goods or chattells which were of the said W B in his hands to be administred nor goods or chattells in the inquisition aforesaid above contained or any of them or any other goods which were of the said W B at the time of his death to his proper use converted or otherwise wasted and this he is ready to verifie whereupon he prayeth judgement if the said T execution against him for the Debt aforesaid of the proper goods of the said G. by pretence of the Recovery and Inquisition aforesaid in Forme aforesaid ought to have c. And thereupon the plaintiff demurrs in law and judgment for the Defendant which judgement was afterwards reversed in the Kings Bench by writ of Error That the first issue was Non est factum Testatoris and found against the Defendant and thereupon judgement and a Fieri Facias and the sheriff returned Nichil and upon a Testat Devastavit a writ of ad inquirend de Wast and wast found by Inquisition and thereupon this Scire facias to the Defendant who appears and pleads Two Scire facias Where the Defendant pleads Plene administravit Nota. and assets are sound and judgment thereupon and the sheriff returns a devastavit such speciall Devastavit is not a good plea for that it is contrary and repugnant to the sheriffs Return but in such case such Inquisition may be traversed HIll 33. Eliz. rot 612. Between W and S. Scire facias against an Executor upon a surmise that the Executor had wasted the goods of the Testator against which
insufficient in Law for that the names of the Coroners of the said county of Yorke who gave judgement upon the Waivery and utlawry aforesaid are omitted in the sayd Returne whereupon c. that the allegations of the said Martha and Anthony in discharge of the said M. from the waivery aforesaid and of the sayd A from the Outlawry aforesaid are true therefore the same M. from the Waivery aforesaid and the said A. from the Outlawry aforesaid are discharged and for that occasion shall not be molested or in any thing greived but go thereof without day c. T 14. Jac rot 3603. Brownlow London Utlary reversed for returning the first Hustings to be held at the Common Pleas and the other to be held at the Pleas of land Reversall for holding the first Hustings at the Common pleas and the four other at the pleas of Lands c. prayeth hearing of the returne of the Exigent which being read Onerari non because he saith that by the Return aforesaid it appeareth that the same George and Arthur were first called at the Hustings De cmmunibus placitis and the 2 3 4 and 5. that they were called at the Hustings De communibus placitis terrae whereas they ought to have been called at Hustings certain so that they might have rendred themselves to the said sheriffs to save themselves from the sayd Outlawry and for that cause the sayd Return is insufficient in Law and this c. judgement that the Outlawry be reveversed c. Note That in H. 12. Jac. That by the opinion of the Justices Prothonotaries and Clerkes of the Counter that an Outlawry upon an Allocat as this is shall not be reversed because the Defendant ought to be demanded at the next Hustings c. As the words of the writ c. whether it be the Hustings Nota bene De communibus plcaitis terrae or De communibus placitis c. the reversall before was between Carnes and Mamvering and others T 14. Jac. rot 3603 Br. Reversall for not naming the day the sheriff called the Defendant at the second County Utlary reversed for not returning the day on which the second County was held at my County held at the Castle of Leicester in the County aforesaid the said Iohn was the second time called whereas it ought to have been at my County held at the Castle of Leicester in the County aforesaid such a day and yeare the same Jo. c. and prayeth hearing of the Writ of Exigi fac which being read and heard Onerari non because he saith That it doth not appear by the Returne aforesaid what day the said County whereon the said Jo. was the second time called was held upon as of right it ought to appear and for that cause the returne aforesaid is insufficient in Law judgement that the Outlawry be reversed Int Newton Hustings c. Vtlawry rever-for holding two Counties within the moneths to wit by more dayes then 28. T 14. Iac. rot 3603. Hearing of the return of the Exigent prayed which being read c. Onerari non because he saith that it appeareth by the return aforesaid that they were the second time called at the County held the fourth day of Ianuary and the third time were called at the County held the twenty ninth of February and that between the same twenty ninth day of February and the same fourth day of Ianuary were fifty six dayes and so the same two Countyes at which the same E. and A. were the second and third time called were not holden from Moneth to Moneth as of right they ought to be held Eaque de causa c. judgement the Outlawry be reversed between Wilson and others and Thornhill Vtlawry reversed for returning utlegat for Waviat T 14. Iac. rot 3604. Brownlow Cornub. Outlawry reversed for returning Vtlegat est for Waviat est and prayeth hearing of the Return of the Exigent which being read c. Onerari non because she saith that every woman upon any Writ of Exigi fac being the fifth time called and not appearing ought by the Law of the Land to be waviated and not outlawed which doth not appear by the Returne aforesaid that the same Beatrix was waviated which of right ought to appeare and for that cause the said Returne is insufficient in Law judgement that the Waviary be reversed Int. Trelowny and Bastard Vtlawry revesed for omission of the word Ante. T 14. Iac. rot 2071. Brownlow Canterbury ss Reversall for Munday next the Feast c. Return of the Exigent prayed to be heard which being read c. Onerari non debet because he saith that it appeareth not certainly by the Return aforesaid whether the said E was the fifth time called Die lunae prox ante festum c. or Die lunae prox post fest c. and so by that returne it appeareth not certainly what day the said Hustings at which the said E. was the fifth time called was held so that he at the same Hustings could not render himselfe to the said Sheriffs of London to save himselfe from the Outlawry aforesaid and for that cause the sayd Returne is insufficient in Law and this c. judgement that the Outlawry be reversed Int. King Porter T 13. Iac. rot 2528. Outlawry reversed for omission of the word terre in the first Hustings H 12 Iac. rot 2165. For omission of the word Anno. H 30. Jac. rot 1205. Brownlow Middlesex ss Vtlawry reversed for variance between the Originall writ and the Exigent Reversall for variance between the Originall Writ and the Exigent And pray Oyer c. And hereupon the said R. and I. pray hearing of the Originall Writ whereupon they are in forme aforesaid outlawed and it is read unto them in these words James by the Grace of God c. And also pray hearing of the Writ of Exigent which issued forth upon the Originall Writ whereupon the same R. and I. are in forme aforesaid outlawed and it is read unto them in these words James c. which being read and heard Onerari non c. because they say that it manifestly appearreth that there is varience betweene the said Originall Writ and the said Writ of Exigi fac that is to say in this that in the Originall Writ it is contained that the said Ralph Moore should render to Nicholas T one hundred pounds and in the Writ of Exigi fac it is contained that the said Ralph should render to the said N. T. one hundred pounds and so the Originall Writ doth not warrant the said Writ of Exigi fac as of right it ought for which said cause and others in the said writ of Exigi fac specified they pray judgement that the Outlawry aforesaid may be reversed c. whereupon the Writs being seen c. Therefore it is considered that the said R. and I. be discharged from the Outlawry aforesaid and for that
the Form of the statute aforesaid untill he shall have levyed the debt and damages aforesaid And in as much as that command shall be executed he shall make appeare here in Cr. Anim. by the letters of the same Bishop sealed c. T 18. Iac. Rot. 3057. Brownlow Essex ss Whereas Iohn Hill lately in our court before our Justices at Westminster by the consideration of the same court had recovered against Mary Wroth late of London widdow otherwise called M. W. c aswell a certaine debt of 400 l. as 80 s. which c. whereof she is convicted the said Iohn afterwards came into our said court and by the statute c. chose to be delivered to him all the goods and chattles of the said Mary besides Oxon and cattle of her plough and likewise the moyety of all her lands and tenements of which the same Mary in Crastino S. Trin. last past upon which day the judgment aforesaid was given against her or at any time afterwards was seised without delay Entry of an Elegit after an elegit he should cause to be delivered to the same Iohn by reasonble price and extent to hold to him the goods and chattles aforesaid as his proper goods and chatties and also to hold to him the moyety aforesaid as his free tenement to him and his assignes according to the form of the statute aforesaid untill the debt damages should be levied thereof and in asmuch c. he should make appeare to our Justices here at Westminster in Cr. Pur. S. Mariae last past And you at that day returned to our Justices at Westminster a certaine Inquisition taken before you at S. L. in your county the 12. day of Dec. last past by the oath of 12. c. taken by which it is found that the same Mary at the said Cr S. Trinitat and after that day was seised in her demesnes of Fee tenant for terme of life of and in the Mannor and cheife mesuage of L. al. L. with all their right members and appurtenances c. And further that the same Mary at the said day of the judgment aforesaid given or at any time afterwards had any other goods or chattells or any other or more Mannors lands tenements in your County which to the knowledg of the Jurors of the Inquisition aforesaid could be extended or appraised you further retorned to our Justices at the same day that none came to you on the behalf of the said Iohn to pray deliverance to be made to him of the moyety of the mannor and Tenements aforesaid by the inquisition aforesaid found so that to further execution of the said writ you could not proceed whereupon the same Iohn came into our said Court saying that the same Mary a the time of the judgment aforesaid given and afterwards had divers lands and Tenements in your County to the value of 40 l besides the Mannor and Tenements in the inquisition aforesaid specified and also was possessed of divers goods and chattles to the value of 100 l. which you could have extended and apprised and delivered to the same Iohn And therefore wee command you as more times we have commanded you that all the goods and Chattles of the same Mary besides Oxon c. And likewise the moyety c. besids the same mannor and Tenements in the Inquisition aforesaid specified of which the same Ma. at the time of the judgment aforesaid given or at any time afterwards was seised possessed of and also the moyety of the Mannors and Tenements in the inquisiton aforesaid specified you cause to be delivered to the said Iohn by reasonable price and extent to hold as his Free tenement to him and his assignes according to the form of the statute c. untill the debt and damages be thereof levyed And in asmuch as you shall have executed this our command you make appeare c. SVff ss Whereas E. T. and Mary his wife in our Court before our Justices at Westminster by the consideration of the same Court had recoverd against Iohn Addams 20 l. for the value of the dower of the same Mary of one messuage and one Garden with the appurtenances in Bury S. Ed. from the time of the death of R. Cage her late husband Entry of an Elegit for the value in Dower As for theire damage which they had by occasion of the detayning of the said dower whereof he is convicted And the same Io. and Mary afterwards came in to our said Court and by the statute therein provided chose to be delivered to them c. As in others to hold to them and their assignes according to the Forme of the statute aforesaid untill the said 20 l. for the value and damages aforesaid shall be thereof levyed c. in asmuch c. he should make appeare here Men. Pas c. P 29. or 30. Eliz. Rot. 651. Tender of the body in execution in discharge of the Manucaptors London ss Be it remembred that the third day of May that same terme came here into the court M. F. in this own person And offered his body in execution upon the judgment for damges cost and charges which W. F. in the Queens Court here recovered against him as in a certaine action of trespasse upon the case according to the Form of a certaine Recognizance here by the same M. and certaine Henry Lues of the Parish c. Butcher and Giles Holden of the Parish c. haberdasher in Mich. term Ann. Reg. Regin 27 and 28. acknowledged for in discharge of his Manucaptors aforesaid c. And hereupon William Knight attorney of the said W. F. by the court here conferred with if he would commit the body of the said M. in execution for the debt and damages aforesaid to the prison of the Fleet there to stay upon that occasion or not said that not Therefore aswell the said Manucaptors as the said M. from the Recognizance aforesaid and summes of money contayned in the same Recognizance by the Court here are discharged c. Tender of the body in execution after judgment had against the principall in discharge of his â—ureties M 9. Jac Rot 2739. H 10. J. Rot 3241. H. 22. J Rot. 2429 Errour brought T 20. Eliz. Rot. 125. Between Younger and Tompson Afterwards to wit such a day An. c. came here into the Court W. T. in his proper person and aswell for his owne proper indemnity as of his suerties aforesaid prayeth that he by the court here may be committed to the prison of the Lady the Queen of the Fleet by occasion of the judgment aforesaid there to stay untill c. And L. and T. Manucaptors of the said W of their Manucaptions and acknowledgment in this behalf made by the court here are fully discharged c. And afterwards Error was entred upon the Roll and the Record sent into the Kings Bench And after the end of the same it is
Court with his owne hands the writ aforesaid directed to the said Mayor Aldermen sheriffs in Forme aforesaid The writ delivered in Cou t. The party comes in his proper person Returne de causes And before the said chief Justice by the same Mayor Aldermen and sheriffs the 10th day of Jan. last past retorned and executed and the same cheif Justice hath certified here in court that then and there before the said Châ—ife Justice at his chamber aforesaid came the said P. in his proper person under the custody of the said sheriffs and Martin L. and P. P. Sheriffs of the City aforesaid now retorne that before the coming of the said writ the 15th day of Dec. An. R. c. 12. The same Peter was taken in the City aforesaid and detained in the prison of the said Lord the King under the custody of the said Sheriffs by vertue of a complaint levied against him the same day and year in the Court of the Lord the King held before the same M. L. by the name of Peter Furbusher Gent. at the suit of H. R. in a plea of Trespasse 1 Cause in a plea of Trespass Damages 40 l. to the Damages of forty pounds the said Peter was also detained by vertue of a complaint against him 20 Ja. praed levaet in the Court of the sayd Lord the King held before the said Martin Limny by the name of P. F. at the suit of Alexander Ratcliffe in a plea of Debt upon demand of sixty pounds 2 Cause in debt for 60 l. and so recite all the causes whereof the partyes aforesayd have pleaded and so depend undetermined and that these were the causes of taking and detaining of the sayd Peter in the prison aforesaid whose body they have ready as by the sayd Writ to them it is commanded c. whereupon the premisses being seen and by the said cheife Justice then and there fully examined and understood The party and She iffs are discharged it seemed to the said cheif Justice that the sayd P. ought then and there to enjoy the liberties and priviledges aforesaid whereupon the same Peter was then and there dismissed from the custody of the said Sheriffs by the said cheif Justice Vpona forraign Attachment accordingly 1 H 15 Elâ—â—t 588 and the same Sheriffs then and there were discharged by the same cheif Justice from his custody and hereupon the same P. and R. H. of Stepney c. and I.B. of the same Dyer undertook and every of them did undertake Mâ—ch 8 and 9 El. rot 329. Entry of a priviledge for diverse causes and the bail entred severally and there rot 1754. Recognizance to appear to Writs or Actions to be brought Note that in this case the Originall ought to be brought the next Terme ensuing but in a reversall the plaintiff hath liberty of two Termes to bring his Writ to wit the same P. in the summe of one hundred and twenty pounds and the same R. and I. severally in the summe of sixty pounds at the suit of Alexander Ratcliff and Sic de ceteris c. That the said P. should appear here in Court in his proper person or by his sufficient Attorney in Law and answer to the severall Actions or Writs of the same H.R. c. against the same P. of and upon the severall pleas aforesaid before 15 Pasch then next coming to be brought and prosecuted here in Court and also if it shall happen judgment after the apperance of the sayd P. here in Court made in the same pleas for the same H. and A. and against the said P to be given to satisfie the same H. c. of their Damages and the sayd Alexander of his Debt and Damages for the same H. c. and A. against the same Peter in the same Court here to be recovered or adjudged in the pleas aforesaid or that the same P. render himself to the prison of the Fleete of the Lord the King for those occasions which sayd severall summs by the said Manucaptors in forme aforesaid acknowledged the same Manucaptors acknowledge to be made of their Lands and Chattells and which sayd severall summs by the same P in form aforesaid acknowledged the sayd Peter acknowledgeth to be made of his Lands and Chattells and to be levied to the use and behoof of the sayd H. and A. in form aforesaid if it happen the same P. make Default in any of the premisses and in lawfull manner to be convinced thereof Brownlow T 41 Eliz. rot 1229. ss That the said R shall appear here in Court in his proper person or by his sufficient Attorney in Law to the Action or Writ of the said A against the said R. of and upon the cause aforesaid before such a day to be brought and prosecuted in Court here and to answer to the said A. in the plea aforesaid and also if it happen c. Entry of a priviledge returnable immediat in banck H 12 Jac. rot 2262. Brownlow As before in the president for P.F. untill or one of them should have before the Justices of the Lord the King here to wit at Westminster immediatly after the receit of the said Writ that the same Justices of the said Lord the King seeing the cause aforesaid c. untill the end of the Writ Afterwards to wit the ninth of February that same Terme came here into Court the same Michael in his own person under the custody of the Bailiff of the Marshall and Judges c. And recite the Return of the Writ whereupon the premisses being seene and by the Justices here fully examined and understood it seemeth to the said Justices here that the sayd M at present ought to enjoy the liberties and priviledges aforesaid and so as in the president before Alit T 14 Eliz. rot 1288. Divers causes returned wherein are diverse Complaints in Trespasse and debt and the Entry is that he shall appear in Court in his proper person or his sufficient Attorney in Law of and upon the severall Actions of and for the summs aforesaid against the same W. by the said T. M. and M. or any of them before 8 Michaelis next coming to be brought or prosecuted here in Court severally to the same T. M. and M. or either of them in the said Court here in the severall pleas aforesaid P. 28 Eliz. rot 328. the like against the said W. severally to be recovered or adjudged or that he the same W. render himselfe upon that occasion or occasions to the prison of the Fleet of the Lord the said King which sayd summ of fifty pounds to wit twenty pounds thereof the same T. ten pounds to the said M and O. to the sayd I. I. acknowledged every of them acknowledgeth severally to be made of their Lands and Chattells and to the use c. Speciall Amerciament of the Sheriff for not returning of a Writ of Habeas corpus in debt after
Barones of our Realm aforesaid coming to our Parliament and this to you and every of you who are interested therein we notifie witnesse our selves at Westminster c. And it ought to be written upon the back of the said writ as followeth It is inroled in the Bench in the Terme of S. Michael An. Regni R. H. 8. 18. Rot. 2. and ought to be Filed amongst the Records sine die c. See the old Book of entries fo 313. Title Errour in utlawry 20. Ms 31. H. 6. Rot. 309. H. 1. H 7. Rot. 305. A servant of a Knight in the Parliament impleaded in the Bench brought his writ here out of the Chancery testifying it and there upon the Justices Surcease and the servant goeth thereof without day c. Pardon Entry of the allowance of a uenerall pardon gpon an Utlary after judgment wherein it appeareth by the Record that the Pl. is satisfied of his debt and damages P. 3. â— Eliz rot 1131. tiel upon satisfaction given to the Executor after the death of the testator M 22 Jac rot 2781. e. Brownlow for Andrewes against Mason the like but note that the judgment was entred with Waller and the pardon was pleaded with Mr. Brownlow chief Prothonat ry H 44 Eliz. rot 2550. the like but more generall T 19. I. Rot. 1887. Midd. ss It was commanded the sheriff that he should not omit for any liberty of his county but that he should take F. T. late of c. Esq utlawed in London die lun prox pro fest c. Ano. Regni c. 3. at the Suit of F. W. in a Plea of debt wherof he is convicted and him safely c. so that he might have his body here at this day to wit tres Trinitatis c. to do and receive what the Court of the Lord the King here shall consider of him in this behalfe and now here at this day came the same F. T. By F. B. his attorney And saith that after the utlawry aforesaid against him the said Francis in Form aforesaid published and had by a certaine act in Parliament of the said Lord the King now held at Westminster in the county of Midd. 9. of February An. 7. amongst other things it was inacted and established by the authority of the same Parliament that all and singular the subjects of the said Lord the King aswell Spirituall as temporall of this Kingdom of England Walls Jsls of Jernesey and Garnsey and of the towne of Barwick their heires Successors executors administrators of them and every of them And all and singular Corporations or Towns incorporate Cities Burroughs Counties Ridings Hundreds Lath Rape Wapentacks Townes Uillages Hamlets and Tithings and every of them and the Successors of them and every of them by authority of the same Parliament should be acquitted pardoned released and discharged against the same Lord the King his heires and Successors and every of them from all Treasons and Felonies Offences contempts Trespasses entries injuries deceipts c. As in the Act and the same Francis Tunstall saith that the utlawry aforesaid against the same F. in Forme aforesaid published and had is not excepted and foreprised in the Act aforesaid and that he is and at the time of the making of the Act aforesaid long before was a subject and Leige man of the same Lord the King now borne under his obedience to wit at Westminster aforesaid in the said County of Midd. And that he satisfied to the said Francis Waswell for the said debt of 401 l. which the same Francis White in the court of the said Lord the King here recovered against him as of the said 36 s. which to the same Francis White in the same Court of the King here were adjudged for his damages which he had by the occasion of the detayning of the said debt as it appeareth in the Term of S. Hillary An. Rs. nunc 2. Rot 1846. For which said debt and damages the same Francis Tunstal was at the suit of the said Francis White in Form aforesad utlawed and this he is ready to verifie where When and as the Court of the Lord the King here shall consider c. Therefore it is not intended that the Lord the King now will impeach or charge the same Francis Tunstall by occasion of the utlawry aforesaid whereupon he Prayeth judgment and that he may be discharged from the utlawry aforesaid And because by upon inspection of the record of the same Terme of S. Hillary An. 2. abovesaid It sufficiently appeareth to the said justices upon Record that the same Francis White is satisfied of the debt and damages aforesaid Therefore the same generall pardon is allowed to the same Francis Tunstall And the same Francis may goe thereof without day c. P 32. Eliz. Rot. 1131. Scot. Essex Entrey of speciall pardon of an utlawry after satisfaction of the judgment Note Note that the defendant came there by a Cepi Corpus and is committed to the Fleet And then he pleads the pardon and the satisfact on and prayeth that the pardon may be allowed and he set at larg and it was don P 44. Eliz Rot. 1539. H. 19. Eliz. Rot. 424. Tiel H 8. Iac. Rot. Brownlow London ss R. T. utlawed An. 34 Eliz. Whereof he is convicted at the suit of G. At 8. Pardon and release of demands pleaded in the discharge of an Expostat Pur. commeth and pleadeth the pardon de 39. Eliz. and sets forth that the utlawry is not excepted c. And that he is a Subiect c. And that the same Edw. after the utlawry aforesaid against the said R. in Form aforesaid published and had to wit 30. Jan. An. 37. Eliz. released all demands to the Defendant as by the said writing more fully appeareth and th s he is ready to verifie c. vnde non intendit Dom. Rex c. But because it is not knowne whether the writing of the release aforesaid by the same R. above pretended be the deed of the said Edward or not And because it is expedient and necessary that the said Ed. for his interest in this behalfe be premonished before it be further proceeded in to discharg the same R. from the utlawry aforesaid according to the Form of the Act aforesaid the sheriff is commanded that by the honest Sci. fac awarded c. they make known to the said Ed. c. 15 Pas to acknowledg or gainesay the writing of release aforesaid and also to shew if any thing c. wherefore the said Rob. ought not to be discharged from the utlawry aforesaid if c. M 18. Jac. Rot. Brownlow Sussex ss It was commanded the sheriff whereas Walter Covert Knight was summoned to be in the Court of the Lord the King now here to answer Ed Culpeper Knight of a plea wherefore Entry of a writ to make partition and partition made therupon and judgment therein whereas the same Ed. and Walter
suit paid to the same M and I twenty five pounds and eight shillings of the said thirty six pounds and five shillings in full satisfaction and payment of the said one hundred pounds nine shillings and four pence to the same M and I in Forme aforesaid owing as by the Record thereof in the same Court of the said late Queene at Guildhall aforesaid remaining manifestly appeareth And the same A further saith That neither the same T at the time of his Death nor the same A after the Death of the same T. before the Day of purchasing the said Writ of Scire facias nor at any time afterwards Nothing else in her hands but goods to such a value which the executrix brings into the Court to pay the plaintiff in part of his debt had any goods or chattells which were of the same T at the time of his Death in her hands to be administred besides goods and chattells to the value of one and thirty pounds five shillings by her in Forme aforesaid administred and besides the goods and chattells to the value of ninety shillings residue of the sayd thirty six pounds five shillings yet remaining in the hands of the sayd A not administred which sayd summ of ninety shillings the same A bringeth here into Court to pay the said E and this she is ready to verifie whereupon she prayeth Judgment if the same E ought to have execution against her for the said 150 l. c. ANd the said E. saith That he by any thing before alledged Replication that no such record of recovery is had in London from having his Execution aforesaid against the same A. for the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death in the hands of the said A to be administred ought not to be barred because he saith That there is not had any such Record of the plaint aforesaid betweene the same M. and I. and the same T. in the Court aforesaid remaining as the said A hath above alledged and this he is ready to verifie whereupon as before hee prayeth Judgment and Execution against the said A. of the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death being in the hands of the said A to be administred to him to be adjudged c. Rejoynder that such a record is had of a recovery in Lond. ANd the same A. as before saith That such a Record is had of the plaint aforesaid between the same M and I. and the said T. M. in the Court aforesaid remaining as she hath above alleadged and this she is ready to verifie here when and how the Court of the Lord the King here shall consider And hereupon the same A further saith That the Mayor Sheriffs and Aldermen of the City of London Custome of L. alledged by the defendant amongst other Liberties Franchises and priviledges of the Citizens of London by diverse late Kings and Queens of England progenitors of the Lord the King now granted and by the said Lord the King now confirmed they have their liberty that they ought to record every Record pleaded before them made or had presently and not otherwise and therefore prayeth for that the Record aforesaid being now in the custody of the sheriffs of the City aforesaid A certiorare awarded to the Sheriffs of L. to certifie c. a writ of the said Lord the King to be directed to the said now Sheriffs of the city of L to certifie the lustices here whether such a Record be had or not and to her it is granted c. Therefore the Sheriffs of London are commanded that searching the Records and other memorables upon Records in the time of the said late Sheriffs of London being in the custody of the said now Sheriff they make appear to the Iustices here in Cr. Trin. whether there is had such a Record of the plaint aforesaid in their custody as the said A. hath above alledged or not the same day is given to the parties aforesaid here c. AT which day here came the same E. by his Attorney aforesaid and the same A. the Record of the plaint aforesaid by her above alleadged Judgement for the plaintiff for failer of the record here at this day hath not but made Default thereof therefore it is considered that the said E. have Execution against the said A. of the said one hundred and fifty pounds by the said T in forme aforesaid acknowledged to be levied of the goods and chattells which were of the same T. M at the time of his death in the hands of the said A to be administred c. Brownlow Nota. NOte That after a Scire facias nulla min. Note and study the diversity 19 H 6 19 tr Record 24. Continuance of â—ul tiel record NOte That the Court held that the Defendant ought to procure the Record to he certified at his perill and not stay the Returne or certificate of the Sheriffs against the opinion of Master Brownlow Prothonotary ANd hereupon by the consent of the said Plaintiff further day is given to the said Defendant to have the Record aforesaid by him above pleaded here untill in Oct. Mich. To shew in form aforesaid c. T 43 Eliz rot 1822. Gibson against Brooke Bar upon a Sci. fac against an executor to have execution of his proper goods after a Devastavit returned upon in a writ to inquire what goods came to his hands after suggestion that diverse goods came to his stands and that he had wasted them after a Nulla bona returned upon a fi fa. of the goods of the Testator Suggestion that the executor had wasted diverse goodr of the Testator See the new book of entries fol. 268. 269. 271 and 272. pl. 5. Petâ—fers case title error A writ of fi fa. de bonis testatoris with a writ of inquiry what goods of the testator the executor had wasted M 2 Jac. rot 1812 H 6 Jac. rot 1806. H against B. T 38 Eliz. rot 910 demurrer upon Scire facias quod bre est insufficiens H 33 Eliz rot 612 W against S H 9. H 6 rot 134 Return vic per inquest de office That the goods of the Testator to the value of 110 l after the death of the testator came to the hands of the executor to be administred and that the executor had wasted the goods Scire facias awarded against the executor to have execution of his proper goods ss Otherwise as it appeareth in Hillary Terme last past roll 1434 London ss It was commanded the Sheriffs that of the goods and chattells which were of W B late c. at the time of his death in the hands of G B. Executor of the Testament
judgment in a writ de droit de Gard. P. 2. H. 7. Rot. 50 Scire Fac upon a judgment in detinue for Cattle and for Debt ss IT was commanded the sheriff whereas I. P. one of the attornies of the Court of the Lady the Queene here of the common Bench lately in the same court of the Lady the Queen here to wit 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here Entry of a Sci fac against an heire upon a judgment against his father in debt and an Elegit awarded by the consideration of the same Court had recovered against I. K Kt. aswell a certaine debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted and by the record and proceedings therein in the same court of the Queen here remayning manifestly appeareth Neverthelesse execution of the judgment aforesaid yet remayneth undon M 26 27. Eliz. rot and the same I. K Knight is dead as by the information of the said I P. the Queen understandeth And because c. that by honest c. he make known to I. K. Esquire son and heire of the said I. K. Knight and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee simple at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim to shew if any thing c. wherefore the said 12 l. 6 s. and 13 s. 4 d. ought not to be made of the lands and tenements which were of the said I. K Knight in Fee-simple at the time of giving of the Judgment aforesaid in his bayliwick being in the seisin of the said I. K. the son and rendred to the same I. B. according to the form of the recovery aforesaid And now here at this day came the same I. P. in his proper person and offered himselfe the 4. day against the said I. K. the son in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath made known to I K the son of being here at this day by I D and R F honest c. Therefore it is considered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple at the time of giving of the judgment aforesaid being in the seisure of the said I. K. the son by default c. and hereupon the same I. P. hath chosen to be delivered to him the moyety of all the Lands and Tenements which were of the said I. K. Knight in Fee-simple being at the time of the judgment aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided untill the said 12 l. 13 s. 4 d. be thereof levyed and prayeth a writ thereof to be directed to the sheriff of the County aforesaid And it is granted to him retornable here in Oct S. Hill c. quaere de rest forme H 3. Jac. Rot. 308. ss Entry of a Sci fac against an heir and judgement thereupon by default upon a judgement had against the Father deceased in the time of another King It was commanded the sheriff whereas R. S latly in the court of the Lady Eliz. late Queen of England to wit in the Term of the holy Trinity An. 30. before E. A. Knight c. by the consideration of the same Court had recovered against T S late c aswell a certaine debt of 40 l. as 40 s. which c. as by the record and proceedings here in the Court of the Lord the King now here remaining manifestly appeareth notwithstanding execution c. And the same T is dead as by the information of the same R. c. and because c. that by honest c that he make knowne to W S son and heire of the said T. who hath lands and Tenements which were of the said T in Fee simple in Cr. Tri. An. c. or at any time afterwards that hee should be here at this day to wit in Oct. Hill to shew if any thing c. wherefore they ought not to make the debt and damages aforesaid of the lands and Tenements aforesaid being in the county aforesaid and render them to the said R. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same R by I H his attorny aforesaid and offereth himselfe the fourth day against the said W. in the plea aforesaid and he being solemnly called came not and the sheriff now retorneth that he had made known to the said W. son and heire of the said T. and tenant of two messuages and 100. acres of land Scit fac returned with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli to shew in form aforesaid c. by I. K. and L. I. honest c. and hereupon the same R. prayeth execution against the said W. of the debt and damages of the lands and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity to him to be adjudged c. Therefore it is considered that the said R. have execution against the said W. of the debt and damages aforesaid to be levied of the tenements aforesaid by default c. Inquire of the forme of this writ P 4. J. Ro. 25 57 Upon a Recovery in debt against G. K son heir of W K. by I. Harper Sci. fac to the Tenants of the lands Tenem which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42 Eliz. which day the said Iohn Harper purchased his originall writ in debt against the said W. that he should be here in Oct. Hill c. Entry of a Sci fac brought by an executor against an h ire upon judgment against his Father c. H Ill. 5. Jac Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9. It is thus contayend Corn. ss It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England to wit in Mich. Term An. 37 and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here to wit at Westminster had recovered against I C late of c. aswell a certaine debt of 40 l. which c. as 40 s. which c. put c. Execution notwithstanding c. and aswell the said
W. as the said W W are dead as by the information of W S executor of the testament of the said W W the King understands and because c. that by honest c. he make known to C C Gent. son and heire of the said I and now Tenant of all the lands and Tenements which were of the said I in Fee-simple at the time of giving the judgment aforesaid that he should be here at this day to wit in Cr Trin. to shew if any thing c. wherefore the debt and Damages aforesaid ought not to be made of the lands and tenements of the said I. in Fee-simple at the time of the judgment aforesaid given being in the seisin of the said C in the county aforesaid according to the form of the recovery aforesaid and now here at this day came aswel the said W S by I B his attorney as the said C by P K his attorny and the sheriff now retorneth that he by vertue of the writ aforesaid to him directed die tali An. by E D and W W honest Sci fac tenenti terr returned c. made known to the said C son and heire of the said I and tenant of 1 Messuage and 10. acres of land c. in C in the county aforesaid which were of the said I C in Fee-simple at the time of the judgment aforesaid given that he should be here at this day to shew if any thing wherefore the debt and damages aforsaid ought not to be made of the lands and Tenements aforesaid being in the seisin of the said I and rendred to the said W S according to the forme of the recovery aforesaid And hereupon the said W S bringeth here into court the letters testamentary of the said W W by which it is sufficiently manifest to the Court here the same W S to be executor of the testament aforesaid and thereof to have the administration c. and prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to him to be adjudged c. and hereupon the same C prayeth licence thereof to imparle here c. untill Oct. Hill c. at which day here came aswell the same W as the same C by their attornies aforesaid and hereupon the same W S as before prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to be adjudged to him c. ANd the said C saith that the said W execution against him as son and heire of the said T C of the debt and damages aforesaid ought not to have because he saith that he hath not Monstrans de testament Bar riens per discent Quere nor at any time after the judgment aforesaid given had any lands or tenements by hereditary discent from the said I his Father in Fee-simple whereof the debt and damages aforesaid could be made and this he is ready to verifie whereupon he prayeth judgment of the said W S execution against him as son and heire of the said I of the debt and damages aforesaid ought to have c. ANd the said W S saith that by any thing before alledged Replication that he had assets by discent at the teste of the Sciâ— fac he ought not to be barred from having his execution against the said C as son and heire of the said I of the debt and damages aforesaid because he saith that the same C before the day of the judgment aforesaid given and the day of purchasing the said writ of Scire fac to wit tali die An. had sufficient lands and tenements by hereditary discent from the said I. his father in Fee-simple whereof he might have satisfied the said W S of the debt and damages aforesaid to wit at C aforesaid and this he prayeth may be inquired of by the Country and the same C likewise Therefore 12 c. Continuance of a Scire facias ss AT which day here came the said Plaintiff by his attorny aforesaid And the sheriff sent not the writ Therefore let the defendant as before be premonished that he be here in Ost. S. Mich. to shew in Forme aforesaid c. Sci fac by the surviving Administrator of goods of the first intestate not administred by the first administrator T 16. Jac. Rot. 3109. London Int. G and H Scire fac by the surviveing administrator of the goods of the first intestat of goods not administred by the first administrator Sci fac brought upon a Devastavits post An. diem T 19. Jac. Rot. 1779. Scire fac to have execution de bonis propriis upon a devastavit retorned post An and diem Sci fac brought against the administrator by the executor at his full age upon a judgment had against the intestate by the administrator during the minority of the Infant H 7. Jac. Rot 109. Brownlow London ss It was commanded the sheriff whereas I B and H G administrators of the goods and chattles which were of I W during the minority of Margaret W executrix of the testament of the said I W lately in the court of the Lady Eliz. late Queen of England to wit in Mich. term An. 27. and 28. before E A Knight and his associats then justices of the said Lady the Qu. of the Common Bench here to wit at Westminster by the consideration of the same Court had recovered against W D late c. otherwise called c. aswell a certaine debt or 160 l. as 98 s. which c. whereof he is convicted as by the record and proceedings therein in the court of the Lord the King now here remayning manifestly appeareth execution notwithding of the judgment aforesaid yet resteth to be done and the said W is dead Averment of the full age of the executrix and the death of the Defendant And the same Margaret after the judgment aforesaid therein given is come to the full age of 21. yeares and afterwards took to husband one Tho. Knight as by the information of the said T. and M executrix of the testament of the said I W deceased the King hath understood And because c. by honest c they should make knowne to W D and Margaret his wife Administratrix of the goods and Chattells which were of the said W D who died instated Sci fac awarded against the administratrix of the defendant c. at the time of his death That they should be here at this day to wit in Oct. Hill to shew if c. wherefore the same Thomas and Margaret his wife execution against them of the debt and damages aforesaid of the goods and Chattles which were of the said W D at the time of his death being in the hands of the said W and M his wife to be administred ought not to have c. according to the Form of the recovery aforesaid if c. and an al
of the Dower of the said M. of one Messuage 29. acres of land c. with the appurtenances in M. from the time of the death of the said R her late husband c. As for their damages which they had by occasion of the detayning of the Dower whereof he is convicted as by the Record proceedings therein in the Court of the Queen here remayning manifestly appeareth Tenant in the writ of dower after judgment dieth Sci fac awarded against the son and heir Neverthelesse excution of the judgement aforesaid yet resteth und on And the same T. B. is dead as by the information of the said W. and M. the Queen understands and because c. that by honest c. he should make knowne to E. B. son and heir of the said T. who holdeth the lands and tenements which were of the said T. at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim. to shew if any thing c. wherefore the said W. and M ought not to have execution against him of the value of the Damages aforesaid of the Lands and Tenements aforesaid according to the Form of the recovery aforesaid if c. Return de vic Alias Scâ— fac awarded And now here at this day came the same W. and M. by I. G. their attorney and offered themselves the 4th dâ—y against the said E. of the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath nothing c. nor is found c. Therfore as before the sheriff is commanded that by honest c. he should make knowne to the said E. that he be here 15. Marti to shew in Form aforesaid if c. And now here at this day to wit the said 15. Marti came aswell the same W. and M. by their attorney aforesaid as the same E. premonished c. by W. D. his Attorney Sci fac returned but note that the Sheriff doth not return of what lands the son and heiâ— is tenant according to the point in the writ And the sheriff to wit R. I. Esquire now retorneth that he made knowne to the said E. of being here at this day to shew in Form aforesaid by T. D. and I. G. honest c. And hereupon the said W. M. prayeth Execution against the said E. of the value and damages aforesaid of the lands and tenements aforesaid to them to be adjudged c. and the said E. reserving to himself all and all manner of exceptions and advantages aswell to the said writ of Scire fac as to the declaration aforesaid prayeth imparlance here untill Oct. S. Hill and hath it c. Speciall imparlance The same day is given to the said W. and M here c. At which day c. and from thence imparleth untill Oct. Mich And now here at this day to wit at the said Oct. Mich. came aswell the said W. M as the said E. by their Attornies aforesaid and hereupon the said W. and M as before prayeth execution against the said E. of the value and Damages aforesaid to them to be adjudged c. And the said E saith nothing in bar or hinderance of the execution of the said W. and M aforesaid by which the same W. and M. remaine against the said E. and thereof without defence therefore it is considered that the said W. and M. have Execution against the said E. of the value and Damages aforesaid of the lands and Tenements aforesaid by default c. And because it is not knowne what Lands and Tenements the same T had at the day of his death in Fee-simple Judgment by nichil dic Suggestion to have a Writ to inquire of the value of the lands awarded nor how much those Lands and Tenements were worth by the yeare according to the true value thereof it is commanded the sheriff that by the oath of honest and Lawfull men of his Bayliwick he diligently inquire what Lands and Tenements the said T. had the day of his death in the Bayliwick of the said sheriff And if the said T. died seised of any Lands and Tenements with the appurtenances in Fee-simple Then how much those Tenements were worth by the yeare in all issues beyond reprises Quaere for these words are neither perfect nor good And after such inquisition by the sheriff made he deliver the same Lands and tenements to the same W. and M without delay according to the true value of them to hold to the same W. and M. untill the said 45 l. and 10 s for the value and damages aforesaid thereof be levyed c. and in asmuch c. the sheriff make appeare here 15. Mich. At which day there came the said W. and M by their attorney aforesaid and the sheriff to wit Quaere de rest matter I. B. Knight now retorneth here a certaine Inquisition c. that the father was seised in Fee of 22. acres of Land at the day of his death to the value of 9 s. 8 d. which said 22 acres of Land the sheriff delivers intirely c. Debt against fâ—ur Executors two appear and the Plaint tame against the same two with a simul cum c. Judgment against the four and the two that appeared onely a mercied H 12. H. 7. rot 361 Mordant Devon ss Roger Viell brought his Accompt of debt against Nich. Yeo. and Eliz. his wife executors of Eliz. Mounck executrix of I. Mounck that they together with W. Mo. and H. Mounck should render to him 38 l. 17 s. upon bill obligatory made for the payment of 64 l. 19 s. 7 d. ob and satisfaction confessed for 26 l 2 s. 7 d. ob by the testator Notwithstanding the executors although often requested c. have not rendred c. And the same N. and Eliz his wife together with those c. to him to render gain say and unjustly detaine c. and the same Nicholas and Ann confesse the account and judgment that the plaintiffe should recover against the said Nicholas and Elizabeth W. and Humphery the debt and damages to 10 s. de bonis testatoris levand and the said Micholas and Eliz. in mercy c. and the damages remitted A Sci. fac was brought against the Executors upon this judgment as followeth H 13. H. 7. Rot. 309. Mordant Devon ss R. U. brought his scire fac upon the judgment next above against the said executors to have execution upon the said judgment retorned Cr. Trin. the sheriff retorneth Scire Feci to Humphery Mounck one of the executors who commeth Sci fac upon the judgment abovesaid c. And nothing against the other two Executors which came not and the said Humphery pleaded ne unq Execut. The Plaintiff saith that he ought not to be barred from having his execution aforesaid upon the judgment aforesaid and notwithstanding the said plea of the said Humphery above
Assizes and Execution therein awarded at B. before the day in the Bench. P 28. H 8. rot 438. Ayde of the King granted in a Scire facias to execute a fine between Melton and the Earle of Northumberland EAster 34 Edw. 1. rot 27. A sci fa. brought by the King upon a judâ—ment in an assise Darrein presentment had by the King by reason of the wardship of an ideot brought against man and wife an estranger upon disturbance Defendant pleads that the lessor was respited untill 8 Hil. for default of the Recognitors c. ss It was commanded the sheriff that whereas the Lord the King in the Court here to wit in 8 sancti Martini Anno Reg. 21. had recovered against H C. and I his wife and R. B. the presentation to the Church of W hy reason of the Lands of R. W. a Fool and in the Kings custody by which it was commanded the Bishop of Winchester that notwithstanding wreck-land of the said I and R. B. hee should admit of a fit Parson to the said Church at the Presentation of the King by vertue of which said command the said Bishop admitted one I S his Clerke at his presentation to the Church aforesaid and the said Church by the resignation of the said I. S. Clerke is now void and belongeth to his Donation by reason of the custody aforesaid the same H. I. and R. B. do not permit the sayd King to present a fit parson to the Church aforesaid in contempt of the Lord the King c. and his immoderate losse and vexation We command you that by honest c. you shall make known c. to shew c. wherefore the Lord the King ought not to present a fit parson to the Church aforesaid by reason of the custody aforesaid c. And now here at this day came N. W. who followeth for the Lord the King and the same H. and R. came not and the sheriff now testifieth that he made known to them of being here c. by T. D. and F. E. whereupon the said N. W. who c. prayeth Execution by default of the said H. and R. And hereupon came the said Ioane and one Isabel the wife of the said R. and the same Joane assevering the same Advowson to be the right of the said Ioane and the same Isabell assevering the same Advowson to be the right of the same Isabell say That the Lord the King now by that writ nor also by vertue of the Record from whence that Writ issued ought not to have Execution therein because the said Isabel saith That she is joyntly enfeoffed of the advowson aforesaid together with the said R her husband and prayeth that she for default of her husband c. and prayeth to be admitted c. and the same Joan well knoweth that the Lord the King otherwise in the Court of the King here in Cro saucti Martini Anno supradict superdico arrayed the said Assize ult praesentationis against the said H. the same Ioan and the same R of the advowson of the Church aforesaid at which said assize they personally appearing pleaded and then put themselves upon that Assize so that then it was considered that the said Assize should be taken but that it should be respited here untill in 8 Hil then next following for defect of Recognitors c and say that afterwards in the same that Assize depending thereof between them undecided The Attorney confesseth the action without warrant in deceit of his client as is before said the Attorney of them the said H and Iâ—and of the said R again appeared in the same Court without warrant and granted to the said Lord the King presentation to the said Church that turne c. reserving the right of the said H I and R when they would speake therein wherefore whereas that Court had no authority or Jurisdiction to admit of the grant of the attorney of the said A I and R of the Advowson of the Church aforesaid upon the said Writ of Assize ultimo praesentationis which was respited here untill another Term to come pray judgement if any Execution upon such grant after the said Assize as aforesaid was respited ought to be made c. And because this same is found by the Record of the same Rolls of this Terme it is considered that the said Ioan and Isabell go thereof without day c. and whatsoever shall be done by pretence of the said Grant made after the Assize aforesaid was respited as aforesaid Judgment against the King shall be null and void and the Lord the King may bring an originall writ c. P 27 Edw. 1. rot 127 ss A Scire facias for the Tenant against the Vouchee to shew if any thing Scire facias brought by a Tenant in recovery to have execution of Lands in value against the voucher c. wherefore the Tenements aforesaid of the lands of the said Vouchee to the value of the Tenements aforesaid with the appurtenances in a competent place hee ought not to have c. Judgement against the plaintiff in Sci. fac for execution of a fine H 5 H 6 rot 304 ss In a Scire facias for executing a fine judgement was given against the plaintiff as followeth therefore it is considered that the said Plaintiff shal take nothing by his writ of scire facias but that the said Defendant go there of without day c. Sci fac upon a judgement in debt where the Defendant before execution fraudulently conveyed his lands and took sanctuary to the intent to defeat the plaintiff of his debt ss T 71 H 4 rot 109. Scire facias against one that made a Feoffment of his Tenements by Fraud and Covin and tooke Sanctuary but the said Defendant intending the plaintiff from the Execution of his debt and damages aforesaid maliciously to retard gave and granted divers lands and Tenements goods and chattells within his Bailiwick to divers certain persons by collusion between them had to wit that the Defendant should receive the profits thereof to his own use which same Defendant the profits thereof notwithstanding the said gift received and yet doth receive and fled to the liberty of the Abbot of W. and within the same Liberty stayed and there liveth upon the profits of his Lands and Tenements goods and chattells aforesaid as by the information c. praying according to the Form of the statute in this case made to be provided of a fit remedy in this behalf c. and because c. M 3 H 4 rot 11 5. ss Scire fac for Execution of Damagesr recovered in an Assize of fresh force in the City of Canterbury Sci. fac for damages in an assize of fresh force also for forty shillings according to the forme of the statute thereof made for that that the Defendant brought not the Record by him pleaded in Barr of the Assize according to the forme of the
statute of Westminster 2 Cap. 25. T 2. H. 6 rot 131. Scire facias against the sheriff Sci. fac against the sheriff for taking in sufficient pledges in Replegiary Sci. fac and judgement therein superseded for that the Defendant was in the Kings custody Sci. fac against one Executor to have execution c. upon a Sci. Fac de bonis testatoris against 2. executors returned no goods in the hands of the one and a devastavit against the other See 4 Eliz. Dyer f. 110. pl. for that he took not sufficient pledges to have returne of the Cattell irreplegiary T 2. H. 4. rot 110. entry of a scire fac upon the note of a fine Exetion awarded but afterwards a writ out of the Chancery was directed to the justices Ad supersedendum c. for that the Defendant against whom the judgement was awarded was in the Custody of the King P 4. H. 4. rot 403. A scieri facias against two Executors was returned that the said Executor have no goods or chattells which were of the Testators at the time of his death nor had at the time of the receiving of the Writ c. But that that the said A one of the Executors aforesaid had diverse goods and chattells to the value c. but had wasted them before the receiving of the said writ thereof Scire facias against him wherefore he ought not to have Execution against him De bonis propriis and Eexcution was therein by default c. SCire facias for I. S. widdow A genervll acquittance pleaded in bar to a Sci. fac to have execution upon a judgement Executrix of the Testament of I. S against I. R. an Attorney of the Bench upon a recovery by the Testator for Debt and Damages and the Defendant appeared and pleaded a generall Acquittance made by the Executrix c. A Sci fac against Coheires makes default and execution against him proportion ejus de hereditate contingen T 27. Ed. 1. Rot. 17. in a Scire Fac against Coheires vouch by the Tenant for the value one of the heires appeareth and pleadeth and the other maketh default Therefore let the execution be made against him for the portion to him happening out of the inheritance c. to the value of the residue c. P 6. H. 4 Rot. 192. ss in a Scire fac against Tenants for exempting a Fine Nota. the processe was continued untill the parties were at issue at which day one of the tenants dyeth and an other writ was sued by Jornies accompts Journeis Accounts and afterwards at the return of the 2. Scire Fac. an other of the Tenants dyeth and an other writ was sued by Jorneis accomptes and afterwards one of the Defendants made default Receit and afterwards came at a day in Court he that made default dyeth after the last continuance Parol demur for nonage of the heire and at a day in Court came his wife and her sister and prayeth to be received and for that they were within age they pray paroll demur c. M 14. H. 8 Rot 439. P. 4. H 8. Rot. 437. A Scire Fac. awarded to have execution against the Termor for yeares within the Terme upon suggestion that the Termor had surrendred to the Defendant A Sci fac against a Termor and had execution by default c. COrnub ss It was commanded the sheriff whereas Richard Rawlin was summoned to be before the Justices of the Lord the King to answer Richard Barret Esquire in a plea wherefore A Sci. fac brought by the heire of the Plaintiff in partition who after judgment and before partition made died whereas the same Ri. and Ralph had held together undivided 1. Messuage 1. Garden 40 acres of Land 6. acres of meadow and 60. acres of Pasture with the appurtenances in S. Minver the same Ralph to make partition thereof between them according to the Form of the statute in this case provided contradicted and suffered not the same to be don against the forme of the statute aforesaid in such manner thereupon in the same court it was proceeded that afterwards to wit in Mich term An. Reg. dicti domini Rs nunc 9 It was considered that partition should be made between the same Ri. and the said Ralph of the Tenements aforesaid with the appurtenances as by the Record and proceedings therein in the same Court here remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth undon and the same Richard is dead as by the information of M. B. and G. B. daughters and heires of the said Ric. the King understandeth and because c. that by honest c. he should make knowne to the said Ralph that he should be here at this day to wit 15. Pas to shew if any thing c. wherefore partition between the same M. and Grace and the same Ralph of the Tenements aforesaid with the appurtenances ought not to be made according to the Form of the consideration aforesaid if c. See the entry of this writ in the title Gardiano admittendo And now here at this day came aswell the said M. and Grace by N. Sprey who is admitted by the Court here to prosecute for the same M. and G. who are within age as Guardian of the same M. and Grace in the plea aforesaid As the same Ralph by Iohn Hunking his attorney and the sheriff now retorneth that the said sheriff by VVilliam Cook and Richard Harris honest c. made knowne to the said Ralph that he should be here at the day and place aforesaid as by that writ it was commanded him T 15 Jac rot 2035. H 20 Jac rot 679. between C and C and hereupon the same Mary and Grace pray that partition between the same M. and G. and the said Ralph of the Tenements aforesaid with the appurtenances may be made c. whereupon the same R. prayeth imparlance untill Cr Trin. and hath it c. the same day is given to the said M. G here c. See Tri 33. E. Rot. 1814. The tenor of a Writ of Dedimus Potestatem in gardiano admittendo in Dower sent to the Justices of the Common Bench and the entry there And after the entry this And hereupon it is granted by the Court here that the said T. M. follow for the same T. B. who is within age and guardian of the same Tho. against the said Eliz. in the plea aforesaid c. P 28. H. 8. Rot 408. ss L. and others against A. and others Entry in the Post The Tenant by W. A. his attorney commeth and calleth the Common Uouchee and after the judgment a Writ out of the Chancery to receive the attorney admitted is entred in haec verba M 44. and 45. Eliz. Rot. 1658. Entry of a Sci fac to have execution and seisin of new in dâ—wer for that the Sheriff in favour of the
the Form of the recovery aforesaid by default c. But let execution therein cease The Incumbent pleads in Bar that the writ of Quare impedit depending the plaintiff was utlawed and that he resigned by which it appertained to the Queen to present and the Queen presented him and that he was indicted such a day and after that the plaintiff sued a writ of Error forth to reverse the utlâ—ry and afterwards it was reversed as to have a writ to the Bishop untill the plea between the said Thomas and the said Gabriel be determined c. and the said Gabriel saith that the said Thomas execution upon the judgment aforesaid against him ought not to have because he saith that the said writ of quare impedit depending to wit such a day and yeare certain C. B. Esquire out of the Court of Chancery of the Lady the Queen at VVestminster in the County of Midd. then being prosecuted a certaine Originall writ of the said Lady the Queen against the same Thomas Beverly c. And recite the outlawry Therefore he by the judgment of W. D. and T. G. then Coroners of the said Lady the Queen of the County aforesaid was utlawed after wich said utlawry against the same Thomas B. in Form aforesaid published remayneth reversed or adnulled and after the said recovery of the presentations aforesaid in the said writ of Scire facias specified to wit the first day of December An. Rn. c. 23. the same Gabriel being then Parson of the Church of Somerby aforesaid at Somerby aforesaid on his owne accord resigned the same Church into the hands of William then Bpp. of Lincoln ordinary of that place whereof the Church aforsaid was then void By pretext whereof the right of the presentation to the same Church being so void by force of the utlawry aforesaid as is before said then being in his strength to the said Lady the Queen belonged the same Lady the Queen to the said Church being so void afterwards to wit the third day of December An. Regni sui 9. by her letters Patents which the said Gabriel with the Great Seale of England Sealed bringeth here into the Court whose date is at Westminster in the County of Midd. the same day and year Presented the same Gabriel her Clerk and the same Gab. by vertue of the presentation afterwards to wit the 5 day of December An. 29. abovesaid was admitted and instituted in the same and afterwards and before the day of the purchasing of the said Writ of Scire facias to wit the 16. day of December An. 29. abovesaid the same Gabriel into the Church aforesaid was inducted by pretext whereof the said Church was full and yet is of the same Gab. by the presentation of the said Lady the Queen after which said admission institution induction of the said Gabriel into the Church aforesaid to wit the 13. day of February An. Rn. 29. abovesaid the same Thomas Beverly prosecuted out of the same Court of Chancery aforesaid at Westminster aforesaid then being a certain writ of the said Lady the Qu. De Errore corrigendo to her beloved and faithfull Edm. Anderson Knight directed By which said writ the said Lady the Queen now reciteth by the said Writ that because in the Record and Procedings and also in publishing the said utlawry against the said Thomas in the County of Lincoln aforesaid published and before the same E. A. and his associates then Justices of the said Lady the Queen of the Bench as is said retorned manifest error hath intervened to the great Damage of the said Thomas as by his complaint the Queen understood the same Lady the Queen willing the error if any be in due manner to be corrected and to the same Thomas full and speedy Justice may be don in this behalf commanded the said Edmond Anderson that if the utlawry aforesaid before the said Edmond and his associats aforesaid in the bench aforesaid be returned so it was said then the record and processe of the utlawry aforesaid with all things touching them to the said Lady the Queen under your Seale you distinctly and plainly send and that Writ so that we may have them a die Pas in tres Sept. then next following wheresoever we shall be in England that viewing the Record and proceedings aforesaid we have cause further to be don thereupon for correcting the said Error that of right and according to the Law and custom of the Lady the Queen of E. ought to be done by vertue of which writ de err corig the same E. A. the record and proceedings aforesaid whereof mention is made in the said writ of Error Certificat of the utlawry upon the writ of Error to the said Lady the Qu at W. aforesaid at the said tr Sep. Pas under his seal sent according to the form and effect of the said writ the Tenor of which Record and proceedings follow in these words Pleas at W. before E. A. Kr. and his associats Justices of the said Lady the Qu. of the Bench of E Term An. of the reign of El. by the grace of God c. 28. rot 1209. Lincoln ss Charles Bawdes Esquire by his attorney offered himself the 4. day against Thomas Baverley c of A plea wherefore with force and armes c. And he came not c. therefore the sheriff was commanded that he attach him c. and the sheriff now returneth that he hath nothing c. therefore let him be taken that he may be here Tli die At which day there came the said Charles by his attorney and offered himself the 4. day against the said Thomas in the plea aforesaid and he cannot And the sheriff was commanded that he should take him c. and the sheriff now returneth that he is not found c. Therefore as before let him be taken that he be here Tli die ss Pleas at Westminster before c. and recite the entry of the Plu. Capias and the pleas at Westminster c. And recite the entry of the Exigi Fac. At which day the sheriff returned that his county held at Lowth in the county aforesaid the 24. day of Oct. An Regni Eliz. now c. 28. The same Thomas Beverly was the 5. time called and appeared not And that so at the 4. Countys next preceding the same Thomas was likewise called and appeared not and because he appeared not at any of the aforesaid Countyes therefore he is utlawed afterwards to wit on Thursday next after tres Sept. S. Mich. then next following before the said Lady the Queen at Westminster came the same Thomas B in his proper person and rendred himself prisoner to the Marshall of the Marshallsey of the said Lady the Queen before the same Queen by occasion of the utlawly aforesaid who was committed to the Marshall c. Error assigned And presently said that in the record and proceedings aforesaid and also in publishing of the
outlawry aforesaid it was manifestly erred in this that within the county of Lincoln aforesaid were and at the day of purchasing of the originall Writ aforesaid and also from the time wherof the memory of man is not to the contrary there were two Townes one called Humby the great the other Humby the lesser and neither Towne was named or called Humby alone without addition and this he was ready to veryfie whereupon he then prayeth judgment and that the utlawry aforesaid for the said Error and c. others in the Record proceedings aforesaid being might be revoked adnulled taken altogether for nothing And he to the common Law of the Realm of the Lady the Queen of England and also to all things which he had lost by the occasion of the utlawry aforesaid might be restored c. And then the said T. B. prayed a writ of the said Lady the Queen to premonish the said Charles of being before the said Lady the Queen to hear the record and proceedings aforesaid and it was granted him Scire facias c. Whereupon it was commanded the sheriff that by honest c. he should make knowne to the said Charles that he should be before the said Lady the Queen in Oct. S. Marti then next following wheresoever c. to hear the record and proceedings if c. and further c. the same day then given to T. B. c. And hereupon then came W K. of c. Gent. S. T. of the parish c. Gent. I D of London Yoeman and L. R c. and undertook for the same Iohn Beverly to have the body of the same Thomas before the said Lady the Queen at the same Term The plaintiff bayled corpus pro corpore and so from that day untill c. every of the said Manucaptors body for body c. at which said Oct. Martini before the said Lady the Queen at Westminster aforesaid came the said Thomas B. in his proper person and the sheriff of the said county of Lincoln then returned there that by vertue of the said writ to him directed by G. S. and R. B. honest c. he had made knowne to the said Charles B. of being before the said Lady the Queene at the day and place in the same Writ contained to hear the record and proceedings aforesaid if c. according to the exigency of that writ which the said C. B. the 4. day of the plea being solemnly called by S. W. his attorney came whereupon the said Thomas as before then said that in the record proceedings aforesaid and also in the publishing of the utlawry aforesaid it was manifestly Erred alledging the Error aforesaid by him in form aforesaid alledged and prayeth that the utlawry aforesaid for that error and others in the record and proceedings aforesaid found might be revoked adnulled and altogether taken for nothing And that he to the Common Law of the Realme of the Lady the Queen of England and also to all things that he by occasion of the utlawry aforesaid had lost might be restored and that the said Charles might rejoyne to the said Error And the same C. prayeth licence therein to imparl and it was granted him c. here upon day therein was given to the parties aforesaid before the Lady the Queen here untill in 8. S. Hill then next following wheresoever c. to wit the said Charles Baudes of speaking to the said Error and then to rejoyne to that Error at which said Oct. S. Hill before the said Lady the Qu. at Westminster came aswell the said T. B. in his proper person as the same Ch. by his attorney aforesaid And the same C. then said that the utlawry aforesaid ought not to be revoked because he said that within the County of Lincoln aforesaid was and at the same tine of the purchasing of the originall writ aforesaid and also from the time whereof the memory of man is not to the contrary there is one Towne called and known aswell by the name of Humby alone as by the name of Humby the great this he was ready to verifie whereupon he prayeth judgment and that the judgment aforesaid in all things might be confirmed And the said Thomas Beverly as beforesaid That within the said County of Lincolne were and at the same time of purchasing of the originall writ and also for the time whereof the memory of man is not to the contrary were two Towns the one called H. the great the other called H. the lesser without this that within the county of Lincoln aforesaid was and at the same time of purchasing c. was one Towne called and known by the name of H. only Travers as by the name of H. the great in manner and Form as the said C. B. above in pleading had alleadged and this he was ready to verifie whereupon as before he prayed that the utlawry aforesaid might be revoked adnulled and altogether taken for nothing And that he to the common Law of the Realm of the Lady the Queen of England and to all things which he by occasion of the utlawry aforesaid had lost might be restored c. And the same Charles as before said that within the county of Lincoln aforesaid there was and at the same time of purchasing of the originall writ aforesaid was one Towne called and knowne aswell by the name of Hu. only as by the name of Humbly the greater in manner and Forme as the said Charles had above alledged and of this he put himself upon the Country and the said Thomas likewise therefore it was then commanded the sheriff of the said County of Lincoln that he should cause to come before the Lady the Queene in Oct. Pur. 12. of the body of the County of Lincoln by whom c. And recite the Postea who say upon their oath that within the county of Lincoln aforesaid there is not nor at the within written time of purchasing of the said originall writ within writien was there a Towne called and knowne aswell by the name of Humby only as by the name of Humby the great as the same Thomas B. hath within alledged whereby it was then considered in the same Court there that the utlawry aforesaid should be revoked adnulled and altogether taken for nothing and the same Thomas B. to the common Law of this Realm of England and to all things that he by occasion of the utlawry aforesaid had lost should be restored c. And this he is ready to verifie whereupon he prayeth judgment and that the said Thomas Beveley may be barred from having execution against him of the judgment aforesaid c. Judgment was given against the Queen quaere T 11. Jac. rot 707. Brownlow ss Otherwise as it appeareth A Scire faciâ—s brought against the principaâ—l and bayl to prosecute an Audita querela where judgment was given for the plaintiff upon Nil capiat pro bre Pas 11.
same sheriff of N. that by honest and lawfull men of his Bayliwick he make knowne to the said George that he should be here at this day to wit tres Trin. to shew if any thing c. wherefore the same George whereas to him of his debt Damages costs and reasonable and necassary charges it hath been satisfied possession of the Mannor and the Tenements aforesaid with the appurtenances he ought or can hold At which day here came the same T. by Iohn Maior his attorney and offered himself the 4th day against the said George in the plea aforesaid and he being solemnly called by Thomas Bennet appeared and the sheriff to wit Thomas Huchison Knight now retorneth that he by vertue of the Writ aforesaid to him directed by George West and G. Mercer honest c. of his bayliwick make known to the said George that he should be before the Justices of the Lord the King at the same Term. And hereupon the same George by his attorney aforesaid prayeth licence therein to imparle here untill in 8. S. Mich. And hath it c. The same day is given to the said Thomas here c. Entry of a Sci fac after a devastavit returned brought by the Administrator of the plaintiff who is dead after judgment upon the devastavit that he should have execution de bonis propr executoris M 9 Jac Rot 703. the like H 19. Jac. Rot. 2098. B. Cornub ss It was commanded whereas the King had lately commanded W. C. late sheriff of the County aforesaid that of the goods and Chattells which were of Io. P. late called Io. of M. within the parish of P. in the County aforesaid Gent. at the time of his death in the hands of W.P. late of P. c. Gent. and Joane P. late of P. in the County aforesaid widow executors of the Testament of the same Iohn in your bayliwick he should make aswell a certaine Debt of 40 l. which Gar. B. widow in the Court of the King now here to wit at Westminster had recovered against them as 40 s. which to the same G. in the same Court of the King here were adjudged for her Damages which she had by occasion of the detayning of the said Debt if the same W. and I. so much goods and Chattells which were of the same I. at the time of his death in their hands to be administred had and if they had not Then the Damages aforesaid of the proper goods and Chattells of the said William and Joane to be levied and that he should have those monyes here in Cr. S. Martini last past to render to the same Gar. for her Debt and Damages aforesaid whereof they are convicted And now here at this day came the said Gar. by Nich. Cory her attorney And the same now Sheriff at that day retorned that before the comming of the Writ aforesaid to him directed the same William and Joane the goods and Chattles which were of the same Iohn at the time of his death in the hands of the said William and Ioane to the value of the debt and Damages aforesaid had wasted by which the Debt and Damages aforesaid or any parcell thereof he could cause to be made and the same sheriff further returneth that he caused to be made of the proper goods and Chattels of the said William 40 s. for the Damages aforesaid which said 40 s. at the day and place abovesaid he had ready as by the said writ it was commanded him And the same Gar. is dead as by the information of E L. and Margaret his wife Administratrix of the goods and Chattels which were of the said Gar at the time of her death and Ric. Penhallow and Mary his wif co-administratrix with the said Margaret of the goods and chattells aforesaid the King understandeth and because c. That by honest c. he should make known to the same William and J that they should be here at this day to wit Tres Tr. to shew if any thing c. wherefore the said Ed. and Margaret R. and Mary Offer execution against them for the Debt aforesaid of the proper goods and Chattells of the same W. and I they ought not to have c. And now here at this day came the same Ed. and Margaret Richard and Mary by the same N. C. their Attorney Averment that the plaintiff died intestate and the Letters of administration shewed c. and offered themselves the fourth day against the same William and Ioane in the same plea c. and they being solemnly called came not and the sheriff now returneth that they have nothing c. nor are found c. And hereupon the same Edward and Margaret Richard and Mary say that the said Gartrude dyed intestate and that the Administration of all the goods and chattells which were of the said Gartrude at the time of her death by George by Divine providence c. the twenty sixt day of May Anno Domini 1621. at London in the Parish of Saint Mary Bow in the Ward of Cheap to the same Margaret and Mary after the death of the said Gartrude was committed and they bring here into the Court the Letters administratory of the said Arch-Bishop which the Commission of the Administration aforesaid in forme aforesaid testifie c. and pray Execution against the same William and Ioan of the Debt aforesaid to them to be adjudged c. Therefore it is considered that the same Edward and Margaret Richard and Mary Execution by Default have Execution against the said W. and Io. of the debt aforesaid of the proper goods and Chattells of the same W. and Ioane to be levied by default c. TRin. 2. H. 6. rot 131. Essex ss It was commanded the Sheriff Entry of a Scire fac against the Sheriff for taking insufficient pledges in a Replegiare in Com. 2 H. 6. fol. 15. pl. 15. This case reported agreeing with this Record Fitzherbert processe 72. 9 H. 6. 42. Booke of entries 564. 570 571. 15 E. 4. fol. 19. by Callow Detinue â—yeth H 11. Jac. 10â— 3563. Bi Leicester ss Sommerfield and Buney against Beamount the like Scire facias F.N.B. 69. cap. 74.21 H. 6. 40. Hill 44. Eliz. rot 2555. whereas of late the King had commanded the same sheriff that by honest and lawfull men of his County he should make known to Jo. Wallis and William Bennet who for John Compeer late of O. c. became pledges for the Return of the cattell to be made which Jo. Armour Citizen and Mercer of London took and unjustly detained as is said if it should be adjudged that they should be before the Justices of the Lord the King here in Octob. saucti Hillarii last past to shew if any thing c. wherefore the cattell aforesaid for that return of them to the said I Armour for default of the same I. C. in the same Court afterwards made was adjudged and that the cattell
pray execution against the said Ter-tenants of the Debt and Damages of the severall Lands and Tenements aforesaid with the appurtenances which were of the said Richard at the time of the judgment aforesaid given to be adjudged to them Execution by default c. Therefore it is considered that the same Samuel and Iohn have Execution for the debt and Damages aforesaid against the said severall Tenants of the said severall Lands and Tenements with the appurtenances by default of the said severall tenants to be levyed c. And hereupon the same Sam. and Iohn have chosen to be delivered to them the moyety of the severall Lands and Tenements aforesaid with the appurtenances to hold as their Free tenement to them and their assignes according to the forme of the statute therein made and provided untill the Debt and Damages aforesaid shall be thereof levied Elegit awarded and pray a Writ of the Lord the King to be directed to the sheriff of the county aforesaid and it is granted to them retornable here from the day of the holy Trinity in three weeks c. P 39. Eliz. Rot 1347. a Scire facias against Ter-tenants 2. are retorned 1. makes default and the execution awarded against him of the Lands whereof he is Tenant And the other Tenant pleads c. H 7. Eliz. Rot. 1357. divers testats Scire fac awarded into severall Counties at one time against the Ter-tenants M 7. Jac Rot. 45. in t Plit ter Brownlow Nott. ss It was commanded the sheriff Scire fac brought by the heire and exec of the demandant to have execution of a judgment in an Assize of nusance quod nocumentum amoveatur and for damages after the record of the assize is certified unto the Bench 43. E. 3. 2. br Execut. 3 z. accord Assize of nusans brought in Confinio Com. P. 10. H. 4 Rot. 225. Scire fac brought by the heire of the defendant upon the recovery in an assize to have execution upon the land and the tenant pleads no tenure for want whereas latly to wit upon Monday the 21 day of September An of the reigne of the Lord the King now 5. before T. G. Knight and Leonard B. Esq and N. C. Esq late Justices assigned to take the Assizes of the said Lord the King in the Countyes of No L. at D. P. in the same C. of L. and at Ha. in the said C. of Nott by the recognitors of the same Assize of Nusans it is found that Tho. Conians Esq unjustly without Judgment raysed a certaine banck in B. in the County of Nott. to the hurt of the Free Tenement of Tho. Taylor Esq in D. aforesaid within 30. yeares now last past to wit whereas the same T. T. was seised of and in one Close of pasture contayning by estimation 100. acres with the appurtenances called D. Carres in D. aforesaid in his demesne as of Fee And whereas also the same T. T. is likewise and of a long time was seised of and in one Close of pasture contayning by estimation 40. Plaint in an assiz of nusans acres with the appurtenances called H. in B. aforesaid in his demesne as of Fee nere adjoyning to the same Close of pasture called D. C. And the same T. T. and all those whose estate the same T T. then had in the same close of pasture of the same T. T. called D. C. from the time whereof the memory of man is not to the contrary good presedent have had and were accustomed to have a certain gutter or Sewer leading of and from the same close called D. C. through the same close of the said T.T. called H. otherwise H. and from thence unto the common River called the Fosse in the county of Lincoln aforesaid in which said Gutter the water running falling and flowing in and upon the same close of pasture of the same T. T. called D. C. from time to time and by the whole time abovesaid was continually accustomed and wont to run through the same close of the same T. C. called H. otherwise H. and from thence unto the said common river called the Fosse and the same T. T. being so seised of the same close of pasture called D. C and of the same Gutter in F. aforesaid and the same T. T. being likewise seised of the same close of pasture called H. otherwise H. in F. aforesaid the same T. C. before the purchasing of the originall writ of the assize aforesaid to wit the 21. day of May An. Rs. nunc 5. a certaine banck in and upon the same gutter in the same close of the same T T. being unjustly and without judgment made erected and exalted And the watercourse into the gutter aforesaid from the same close called D. C. falling and descending and being wont to fall and descend into the gutter aforesaid by the exalting making and erecting of the banck aforesaid obstructed and stopped by reason whereof the water in and upon the same close of the said T. T. called D C. from the time of the exalting making and erecting of the banck aforesaid running falling and descending from the same close of the said T. T. by the ancient course through the said close of the said T. T. And from thence unto the said common river called the F. aforesaid as before it was wont accustomed to run and to be convayed is hindred where by the water by the gutter aforesaid out of and from the same close of the same T. T. by its ancient course descending and running untill the banck aforesaid newly exalted back againe in and upon the said close of the said T. T. doth reflow and over-flow the same Close whereby that close by the overflowing aforesaid became Sterrill and unfertill And the same T. T. the Profit of his close by a long time to wit from the said 21. day of May untill the day of purchasing of the originall Writ of the assize aforesaid to wit the 22. day of June An. Rs. nunc 5. abovesaid lost to the nocument of the Free tenement of the same T. T whereupon before the same Justices it was considered that the hurt aforesaid by the view of the Recognitors aforesaid should be removed and that the banck aforesaid should be cast downe Iudgmenn in an assize of nusans so that the water aforesaid by the gutter aforesaid through the same close of the same T. T. called H. otherwise H. and from thence unto the common River called the Fosse in the same County of Lincolne into its ancient course at the charge of the said T. it should be reduced and that the said T. T. should recover against the same T.C. his damages to eight pounds by the Recognitors of the Assize aforesaid assessed and also 8 l. and ten shillings to the same T.C. at his request for his costs and charges at the discretion of the Justices here adjudged of encrease which sayd Damages in the whole do amount to
pregnant with his brother is past and prayed Justice to be exhibited to him so that the same Muriel come come before the justices of the Bench upon command upon VVednesday next before the Feasts of the Appostles Peter and Paul in the second year following And the same Muriel said that before to wit that she was pregnant and by the said William and well acknowledgeth that his terme of being borne is past and she expects the mercy of God and the said Peter likewise said that the terme is past and prayeth this to be allowed him And hereupon it is found that 48. weekes have passed since the first Wednesday wherein she acknowledge that her husband departed from her but afterwards she acknowledged that she was not with child but long since being sore greived with such an infirmity that she thought herâ—elfe to be with child Confession that she is not pregnant Iudgment Therefore it is considered that Peter be received as heire of the said VVilliam and may have his inheritance notwithstanding this that she made herself impregnant Et habeat brevia ad dominos suos c. hereupon came the same Peter and prayeth juâ—gment whether she ought thereof to have her dower because she to disinherit him falsely made her selfe impregnant Vtlawry P 4. Jac. rot 808. Brownlow ss It was commanded the sheriff that he should not omit for any liberty of his county but should take R. W. late c utlawed in London Entry of a non omit upon a Cap. utlagat Denbigh Vtlawry such a day and yeare at the suite of H. B. in a plea of debt if c. and safely c. so that he might have his body here this day to wit in Pas to do and receive what the Court of the Lord the King here shall consider of him in that behalfe c. And now here at this day came the said H. by â— Guy his attorney and the sheriff to wit I W. Esq now retorneth that he by vertue of the writ aforesaid to him directed commanded the Bayliff of the liberty of the Towne and liberty of Denbigh Mand. Ballio who hath the returne of al the writs and the execution of them within the liberty aforesaid which said Bayliff gave him this answer to wit that they have taken the body of the said R. and have him ready Amerciament vir Notwithstanding the said Bayliffs have not delivered his body to the said sheriff according to the strictnesse of that command but yet keep the body of the said R. under the custody of the said Bayliffs so that the sheriff could not have his body at the day and place aforesaid as it was commanded him And because it seemeth to the justices here that the said â—etorne is insufficient in Law the said sheriff Attachment awarded to the Coroners for Contempt to wit I. W Esq in mercy and fined by the Court here to 6 l. 13 s. 8 d. And it is commanded the Coroners of the county aforesaid that they attach the said sheriff so that they may have his body here in 15. Trin. to answer the Lord the King of the contempt c. Entry of the reversall of an Vilary against the Intestate prosecuted by the Administrator for defect in the return of the writ of Exigent for that three Hust were held after the return of the Exigent Letters of administration shewed Pas 36. Eliz. rot 1990. ss Afterwards that is to say 12. February An. 39. Eliz. came here into the Court one T.H. of c. and said that the same I. N. after the utlawry aforesaid against him in Forme aforesaid published died dyed instate c. And that the same T. is Administrator of the Goods and Chattels which were of the same I. at the time of his death bringeth here into Court the letters administratory of I. by divine providence Arch-Bishop of Cant. Primate and Metropolitan of all England which are dated at London 14. Feb. An. Do. 1596. which the commission of the administration of the goods and Chattles which were of the same I. at the time of his death to the same T. in form aforesaid testifie c. and prayeth the hearing of the return of the said vvrit of Exigent retorned in the Bench here against the said N. in Oct. S. Mich. and it is read to him in these words at the Hustings of the pleas of Land held at Guild-Hall in the City of London upon Munday next after the Feast of S. Dunstan the Arch-Bishop An. 38. within written the within named I N. was the first time called and appeared not At the Hustings aforesaid upon Munday next after the Feast of Boniface Bishop An Suprad the said I. was the second time called and appeared not at the Hustings of the pleas of land held in G. in the Citty aforesaid upon Munday next before the Feast of the Annunciation c. An. Supr the said I. was the third time called and appeared not At the Hust of the pleas of L. and held in Guild-Hall in the City aforesaid upon Monday next before the Feast of S. Marg the Virgin An. Sup. the said I was the fourth time called and appeared not at the Hustings of the pleas of land of the City aforesaid held c the said I. was the fiâ—â—t time called and appeared not therefore he is utlawed The answer of T. L. L. H. sheriffs that writ is above indorsed we the now she of L. have received of the laâ—e Sh. of L. the going from their Office the answer of I. W. R.G. sheriffs which being read and heard the same T H. saith that the utlawry aforesaid against the said I. in Form aforesaid publ shed and had is void in law and of no force nor effect Error for that the three Hust was hâ—ld after the day of the return of the Exigent for that that it appeareth by the retorne aforesaid that the same I. was the third time called upon Monday next before the Annunciation of the Blessed Virgin Mary which said day of Monday next before the Feast of the Annunciation c was long after the retorne of the said vvrit of Exi whereupon the retorn being seene And by the justices here fully understood it seemed to the Justices here that the allegation of the said T. is true Therefore for the defect aforesaid Judgment that the Vtlary be reversed and divers others in the retorne aforesaid it is considered that the utlawry aforesaid be adnulled vacated and altogether taken for nothing c. Pas 4. Eliz. That an utlawry was reversed for that Nota. Utlawry reversed for that the 3. proclamations upon the writ of proclamacion in a forreigne county was made that day the pes Was 5. exact upon the Exig that it appeared upon the retorne of the proclamation the third proclamation in the County of Essex was made the same day that the guinto Exactus was made upon the exigent in
tâ—e Pl. la non comorâ—ns Travers was Comorant and conversant at N. aforesaid within the Isle of Weight in the said county of Southampton without this that he the same day or at any time afterwards was Comorant and coversant at Grayes Inne in the County of Midd. As by the said Record of emanation of the said writ of Exegint above is supposed and this he is ready to verifie whereupon for that the writ of proclamation was not directed to the sheriff of the said county of South wherein the said P. at the day of the issuing forth of the said writ of Exig was comorant and conversant as of right it ought to have beene directed according to the Forme of the statute aforesaid the same P. prayeth judgment and he from the court here of the utlawry aforesaid may be acquitted discharged and set at large c. ANd the said W. saith that he cannot gainesay but that the allegation of the said P. in his discharge of the utlawry aforesaid is true Confession of the garnishee nor but that the same P. at the said Oct. Pur. which day the said writ of Exigent whereupon the same P. was utlawed issuing from the court here was commorant conversant at N. c and that no writ of proclamation in this behalfe was directed to the sheriff of the County of S. as the same P. hath above alleaged c. ANd E. Coke Esquire Attorney generall of the said Lady the Qu. who followeth for the said Lady the Queen in this behalfe Confession of the attorney generall upon a testimony thereof consulting if he knew or would say any thing wherefore the said P. ought not to be discharged from the utlawry aforesaid of which credable information is given him by W. M. of c. and others faith worthy that the allegation of the said P. in the discharge of the same P. from the utlawry aforesaid is true whereupon the same E giveing credit to them sayeth that he cannot gainesay but truly confesseth Judgment that the utlawry be reversed salvo jure Reginae c. that the said P. at the said Oct. Pur. which day the said writ of Exigent whereupon the said P. is utlawed issuing out of the court here was commorant and and conversant at N aforesaid c in the county of S. and that no writ of proclamation was ever directed to the said sherff of S. in this behalfe as the said P. hath above alleaged wherefore it is considered that the same P. be discharged of the utlawry aforesaid and upon that occasion not be molested in any thing nor grieved but goe thereof quiet c. reserving a writ to the Lady the Queen otherwise if c. Entry of a speceill writ of Cap. utlagat amerciament of the sheriff for bad attendance upon the court and not coming to receive a speciall Cap. utlagat Recitall of the speciall Utlagat H 2. Jac. Rot. 1362. Broker Cardigan ss It was commanded the sheriff that he should not omit for any liberty of his county but by the oath of honest and lawfull men of your county you should inquire what goods and chattels lands and Tenements M U c. with all his additions hath or had in his Bayliwick such a day and yeare or at any time afterwards which day he was utlawed in the County of the City of the city of O. at the suit of I. S. in a plea of debt whereof he was convicted As the sheriff of the City of Oxon to the Justices of the Lord the Ki. now here at a certaine day now past retorned P. 24 Iac. rot 323. Vict. in mia 5. marks for retorning trade upon a writ that was ent ed upon Record P. 6 H 8 rot 296. the like sur nichil fec nec remisit H. 8 H 6 rot 333 vic in mia 40 l. for not returning of a writ of Nisi prius H 24 Eliz rot 1702. entry of a speciall amerciament for an insufficient retorn upon an Habere fac possessionem emii Recitall of days given to the sheriff to come and receive the writ sin court And that upon their oath he cause them to be extended and appraised according to the true value of them And such things as shall be found by that Inquisition he cause to be taken into the hands of the Lord the King now safely to be kept so that he may answer to the Lord the King of the true value and issues of them and with them so extended and appraised he make knowne to the Justices of the Lord the King here tli retorn distinctly and openly under his seale and the seales of them by whose oath he had made that extent and appraisment And for that the same M. did ly hid wander and runn from place to place in the county aforesaid in contempt of the Lord the King now and prejudice of his Crowne as the King hath been informed That wheresoever it shall happen the same M. to be found in his Baylickwick aswel within as without the liberties he should take him and safely keep so that he might have his body before the Justices here at the said Terme to do and receive whatsoever the said Court of the Lord the King shall consider in that behalf and it is to be known that at the two severall dayes in that same Term given to the said sheriff of Cardigan by the Court here To come here into the Court and receive the Writ aforesaid to be executed in Form of Law the same sheriff came not here into the Court to receive that Writ therefore the same sheriff to wit R. P. Knight in miserec And he is fined by the Justices here to 12 l. c. TRin. 8. Jac. Rot. 2700 Brownlow Norff. ss It was commanded the Coro of the Lord the Ki of the C. aforesaid that whereas it was testified for the Lord the Ki. in the C. of the said Lord the K. here that divers wits of the said Lord the Ki. by exig of late directed to the sheriff of N. issuing out of the said Court here A special amerciament of the coroners for not certifying of an utlawry after a Cerciorare to them made and before the Iustices here at certain dayes aswell past as to come retornable and many utlawries into the said Court here not as yet certified against the parties Defendants in the same writs named in the county aforesaid published and judgments thereupon are given by the said Coroners And Especially one utlawry against one R. B. late of P. c. in the County of Norff. Gent. at the suite of R. W. in a plea of Debt and because the Lord the King will adhibit due and speedy remedy to the said R. W. in his action aforesaid he doth command the same Coroners that scearching theire Roles and Record and other memorables T. Io 21 23 bayle to an ulawry being in theire custodyes the utlawry aforesaid upon the writ aforesaid
the said writ of Exigent and the said Record from whence the said Writ issued and which ought to warrant that writ in this That in the said Record the said Francis is named F. C. of Lynfield And in the said Writ of Exigi fac he is named F. C. of Lymfeild and so there is variance betweene the Record and Writ aforesaid whereupon he prayeth judgment and that he may be discharged from the utlawry aforesaid Whereupon the writ and record aforesaid being seene and by the Justices here fully understood it sufficiently appeareth to the justices here That the allegation of the said F. in discharge of the utlawry aforesaid is true Therefore it is considered that the said F. be discharged from the utlawry aforesaid And for that occasion shall not de molested or in any thing grieved but goe thereof without day c. M 6. Jac. rot 924. And now here at this day came the said A. by W. K. his Attorney and prayeth the hearing of the writ of Exigi Fac. whereupon the said A. at the suite of the said G. is utlawed Utlary reversed for that the Capias whereupon the Exigent issued was awarded after a yeare and a day without a Sci fac to revive the judgment And it is read unto him in these words James c. which being read and heard the same attorney on the behalfe of the said A. saith That the same A ought not to be charged with the utlawry aforesaid because he saith that the judgment whereupon the same A. was convicted was given in Mich. Term An. Rs. 3. that is say by one yeare three Moneths and more before the proclamation of the said Writ of Capias ad satisf whereof mention is made in the said Writ of Exigent whereupon the said writ of Exigent issued In which case the same G. Execution upon that judgement ought not then to prosecute unlesse he had prosecuted before out of this Court a writ of the Lord the King of Scire Facias to premonish the said A. of being here in Court to shew wherefore the said E. ought not to have execution against him according to the Form of the Recovery if to him it had seemed Expedient And so the said Writ of Capias for execution of the judgment aforesaid in Forme aforesaid prosecuted And the said writ of Exigent thereupon issuing was erroniously prosecuted and for that cause prayeth that the utlawry aforesaid may be adnulled c. whereupon aswell the Record of the judgment aforesaid as the record of the adjudging of the said Writ of Exigi Fac. whereupon the said writ of Capias ad satisfaciendum in the same record recited by the Court here being seen and fully understood It is found that the allegation of the said A. is true Utlary reversed for omission of the word Quinte in the 5. Exact and for that the last County was held upon Sunday Therefore it is considered c. and that the utlawry be reversed M 4. Jac. Rot. 306. Which being read and heard the said A. saith that he ought not to be charged with the utlawry aforesaid because he saith that by the returne aforesaid it doth not appeare That the same A. at the said County of South held at the Castle of Winch. the same eight day of September An. 8. abovesaid was called and so the same A. was not the fift time called as by the law of the Land he ought to have been And also for that the 6. day of October whereupon the last County was held was Sonday in which case according to the Law of this Realme of England the County ought to be held And so the utlavvry aforesaid against the same A. in Forme aforesaid published and had is altogether void And judgement that it be reversed The like reversall in Mich. 44 45. Eliz. rot 1909. Utlary reversed for that the day of the 5 Exact was before the Test of the Exigent T 13. Iac. Rot. 3617. Brownlow Which being read and heard the same Robert saith that he is injured c because he saith that it is vicious to vvit in that that it appeareth That the said first day of March An. Sup. upon vvhich day the said Robert vvas quinto Exactus vvas longe before the issuing forth of the said Writ of Exigent And for that cause and others in the returne aforesaid being prayeth judgment that the utlavvry aforesaid may be reversed c. vvhereupon c. And it vvas reversed c. Int. Smith and Wingham M. 10. Iac Rot. 3398. the like Cook against Tompson Primo Exact held after the return of the Exigent M 10. Iac. Rot. 1708. Brownlow Bradbury adv Allen Exigi Fac. retornable Tres Trin. T. 24. Ia. 8. I. The first County vvas held 7. Feb. 9. Ia And because it appeareth by the returne aforesaid That the first county vvhereat the said E. vvas first called vvas held after the retorne of the said Writ of Exigent and for that cause c. Vtlary reversed for omission of the word Scotie out of the stile of the Writ T 13. Iac Rot. 3527. Brownlow Hearing of the Writ of Exigi fac is prayed vhich being read c. the said Writ is vicious to vvit in this that this vvord Scotiae is omitted in the beginning of the said vvrit And for that cause and others being in the said Writ he prayeth judgment c And the utlavvry is reversed betvveen Walker and Vaughan H 12. Iac. Rot. 2265. Brownlow Utlavvry reversed for not naming the names of the Coroners particularly at the end of the retorne of the Exigent Vtlary reversed for default of the Coroners names and hereupon the same I. prayeth hearing of the return of the vvrit de Exigi Fac And it is read to him in these vvords At my County held c. untill Therefore by the judgment of the Coroners of the county aforesaid he is utlavved vvhich being read and heard onerari non because he saith that in the record aforesaid no mention is made of the name of any Coroner vvho gave judgment upon that Writ or should vvarrant the judgment And for that cause the returne aforesaid is insufficient in lavv in t Lavel and others at the suit of Godolph see Harper fo 19 a by Justice Browne If the sheriff retorne upon the Exigent the quinto Exact et non Compe Ideo ut lagat est It is a good return Although he retorne not the judgment of the Coroners for it is comprised in these words Ideo ipse utlagat est H 12 Jac. rot 1949. Brownlow Utlar Waviar reversed for the same defect Reversall for omitting the Coroners Names which being read c. the same Martha and Anthony say that they are wronged in this behalfe and that the same M of the Waiver aforesaid or the said Anthony with the Outlawry aforesayd ought not by the Law of the Land to be charged because they say that the return aforesaid is vicious and
named I. B. was the first time called appeared not c. Return of the Exigent which being read and heard the same administrator saith that the utlawry aforesaid against the said I. in Forme aforesaid published and had is altogether void and of no Force nor effect in law because he saith that in the retorne aforesaid whereas it is expressed the said Iames to have been called at the said first county a certaine principall word to wit Norff. betweene these words meum Tent. which should denote and declare the name of the County aforesaid is omitted out of the said return whereby no first county by the law of the land was held To which the said Iames in his life time could render himselfe to the said sheriff of No. to save himselfe from the utlawry aforesaid And for that cause and others being in the retorne aforesaid That retorne is insufficient in law And this he is ready to verifie whereupon he prayeth judgment that the utlawry aforesaid may be reversed avoided and taken altogether for nothing and that the goods and chattles which were of the said Iames at the time of his death in the hands of the said administrator to be administred may be discharged from the utlawry aforesaid and hereupon the said retorne being seen And by the Justices here fully examined and understood It seemeth to the Justices here that the utlawry aforesaid shall be reversed vacated and taken altogether for nothing and that the goods and chattels which were of the said Iames at the time of his death being in the hands of the said administrator to be administred be discharged from the utlawry aforesaid c. Another forme of reversall of an Vtlary against the Intestate by the Administrator upon the Exigent roll and not in the same teâ—me in which it was reversed T 4 Jac. rot 2990. Page London ss Hugh ap David against Williams in debt the Exigent awarded retorned 8. Mich. 4. Jan. the utlawry is entred upon the Role and afterwards the 25. day of Aprill 10. Iacobi Henry Williams administrator of the said W. Williams comes shewes his letters of administration and prayeth hearing of the writ of Exigent with the returne thereof And prayeth that the goods in his hands may be discharged from the said utlawry because the Exigent and the returne thereof are erronious And the utlawry for error was reversed And that the goods and chattles which were of the said intestate at the time of his death being in the hands of the said Henry should be discharged from the utlawry aforesaid c. Utlary reversed for that there is no such name in Baptisme M 21 Iac. rot Brownlow Norff. ss It was commanded the sheriff c. utlawry reversed by the administrator which being read c. and the administrator prayeth hearing of the Roll of the Exigent And it is read unto him c. which being read c. the said administrator saith that the record is vitious and defective in law in this to wit That in divers places of the record aforesaid is written Edmindo for this word Edmundo which said word Edmundus is a name of Baptisme and that there is not any such word Edmindus as it is written in the Record aforesaid And that in the Record aforesaid is written recuperuit whereas it ought to be written or thographically Recuperavit and not Recuperuit And in the Record aforesaid there are materiall Words omitted To wit quodam Debito in these words de quadraginta so that by the omission of those materiall words aforesaid The Record aforesaid is altogether imperfect And this the said administrator is ready to verifie by the same Record of the Term of the holy Trinity An. 16. Reg. Rot. 1297. in the Court of the Lord the King now here remayning whereupon he prayeth judgment and that the utlawry aforesaid may be reversed c. Reversall of an Vtlary for that in the body of the Record the Proclamution is directâ—d to the Sheriff of Kent but in the Margent it is written Sussex for Kent M 21. Jac. rot Brownlow Sussex ss inter Smith and T. utlawed in Com. Sussex And prayeth hearering of the Exigent Role and it is read unto him untill and it commanded to the sheriff of K. that in his full county he make proclamation to the said David c. And the proclamation in the Margent is awarded in Sussex which being read he saith that the record is vitious in it selfe to wit in this that in the body of the record aforesaid it is commanded to the sheriff of Kent that he should make proclam the said David according to the Form of the statute in this case made and provided And in the margent of the said record it appeareth that the said writ of proclamation to be adjudged to the sheriff of Sussex and so it appeareth that the record aforesaid is varying uncertaine and contrary in it selfe And that searching the writ retornable in Cro. Trin. of the sheriff of the county of Kent noe Writ of proclamation against the said David was retorned by the said sheriff of Kent whereby the utlawry aforesaid against the said D in Form aforesaid published and had is void and of no force nor effect in Law Whereupon the record being seene and the Writs of the said county of Kent of the said Cr. Trin. filed in court here being searched fully examined and understood it seemeth to the said justices here that the alilegation of the said David is discharged of the utlawry aforesaid is true c. H 22. Jac. rot 2426. Brownlow Lond. ss B. and P. at the suit of C. the utlawry reversed for that the first county was held 14. Iu. 22. and the 2. Counties was held 9. August 22. Jac. which being read and heard c. Onerari non Utlary reversed for that one month was united between the first and the second Counties because he saith that the returne aforesaid is vitious and defective in Law to wit in this that it appeareth by the said retorne that the said county at which the said John and Eliz. were first called was held the said 14. day of June an 22. abovesaid and the said county at which the said John and Eliz. were the second time called was held the said 9. day of August An. 22. abovesaid whereas in truth the said second county the 9. day of July An. 22. abovesaid being the Moneth next following the moneth of June in which the said first County was as is aforesaid held by the sheriff of the county aforesaid ought to have beene held so by the retorn aforesaid it suficiently appeareth that the said 5. counties by the sheriff said for the county aforesaid in form aforesaid held at which the said Iohn and Eliz. in forme aforesaid were called Were not held from moneth to moneth successively one after an other as by the law of the land by the said sheriff they ought to have
Entry of a Scire fac against 1. execut to have execution upon a Sc. fac against 2 executors the sheriff retorneth no goods in the hands of one and a Devastavit against the other ib Entry of a Scire fac and of a generall acquittance pleaded in Barr thereunto ib. Entry of a Scire fac against Coheires who make default and execution awarded pro Portion de hereditate conting 140 Entry of Scire fac against tenants for exempting a fine and demurrer for the non-age of the heire ib. Entry of a Scire fac against a Termor ib Entry of a Scire fac brought by heire of the plaint in partition who after judgment and before partition made dyed ib. Entry of a Scire fac to have execution seisin de novo for that the sheriff in favour of the tenant had not duly made his executions pleas and judgments for the plaintiff upon demurrer 141 Entry of a Scire fac in a Quare impedit the defendant pleads in bar that Pendente Brevi de quare impedit the plaintiff was utlawed and that he resigned c. 135 Entry of a Scire fac against principall baile to prosecute an Audita Querela Entry of a Scire fac where lands are extended by the plaintiff where the sheriff returns that he extended the same lands upon an other writ of Elegit and delivered them c. and that he cannot deliver them to the plaintiff untill the first debt be levied 149 Entry of a Scire fac against a conusee in a statute merchant brought by the Conusor to have back the possession of Lands extended for that he is satisfied 152 Entry of the like Scire facias upon promise that the Conusee is satisfied Per fluxum temporis speciall pleadings ibid. Entry of a Scire facias after a Devastavit returned brought by the Administrators of the Plaintiff after Iudgement upon the Devastavit to have Execution de bonis proprij 150 Entry of a Sci. fac against a sherif for taking of insufficient pledges in Repleg 151 Entry of a Scire facias upon a Recognizance acknowledged before a Judge of the Common Bench in the Country 156 Entry of an Inrollment of a Recognizance with the Term and number roll expressed and a Scire facias thereupon ibid. Entry of a Testat Scire facias against Ter-Tenants upon the Sheriffs returne who say that there is another Ter-Tenant in another County Non praemonuit and pray that they may not answer to the Writ of Scire facias usque alius praemoniatur adjudged a good plea and a Replication c. 146 Entry of a Scire facias against Ter-Tenants of Lands tempore judicii reddit who came not and a Writ of Elegit is awarded c. 161 Entry of a Scire facias Ter-tenants two are returned 1 makes default Execution awarded against him of Lands whereof he is Tenant and the other pleads 162 Entry of diverse Testat Scire facias awarded into severall Counties against the Ter-Tenants ibid. Entry of a Scire facias by the Heire and Executor of the Demandant to have Judgement in an Assise of Niusance Quod nocumentum amoveatur and for Damages after the Record of the Assise is certified into the Vpper Bench plea and judgement by Nil dic ibid. Entry of a Sci. fac for the tenant in a writ of Dower to have execution of the lands to the value of the third part recovered in Dower after Seisin had of the third part demanded 165 Entry of a Scire facias sued out by Administrators upon a judgement had by them as Administrators c. without shewing the Letters of Administration ibid. Entry of a Sci. fac against a Sheriff to render to the Plaintiff so many cattell as were replevied by him by pledges for that the pledges are insufficient 166 Entry of a Writ of Scire facias in debt for the Demandant against a stranger Judgement that the demandant have the third part c. 169 Entry of a Writ of Scire facias upon a judgement in a Writ De anuo redditu to have execution De arreragiis incursis after judgement ibid. Entry of a Scire facias to take Bail where one comes to the bar and pleads matter in bar to an Outlawry 170 Entry of a Scire facias awarded and returned after a Capias upon statute Merchant into the Bench 171 Entry of a Scire facias against Manucaptors 173 Entry of a Scire fac in Audita que resa 174 Entry of a Scire fac after a Scire fac against Ter-tenants with the retorne of the writ 175 In all cases wherein baile is required if the defendant die before a non est inventus retorned upon the Scire fac the baile is discharged ib. Seisin Entry of a writ of Hab. fac fesinam in dower and the returne thereof 177 Summons Entry of a writ of Summons in an attaint executed and awarding of resummons against the defendant 179 Entry of the like writ with the awarding of a Distringas against the grand jury the party and petty Jury ib. Entry of a Summons in a Quare impedit with the essoine and attachment awarded for default ib. Spec entry of a summons in a Quare impedit the Sheriff returns a tarde and another awarded 181 Entry of an alias summons in a quare impedit in severance and an attachment awarded against the defendant ib. Surrender The surrender of a Philizer office 181 The like entry ib. The like entry ib. The like entry ib. Supersedeas Entry of a Supersedeas to a Capias in Withernam quia inconsult emanavit averia elongat retorned 182. Entry of a Supersedeas to an Exegent and pledges de novo 184 Entry of a Supersedeas in the upper Bench to discharge sureties of peace in the Common Bench ib. Entry of a Supersedeas after a fieri fac ne vendi exponas 185. Ventre inspiciendo Entry of a writ de ventre inspiciendo 186 Utlary Entry of non omittas upon a Capias Utlegat 187 Entry of a reversall of an utlary against an intestate prosecuted by an administrator for defect in the returne of the Writ of Exigent 188 Entry of a reversall of an Vtlawry for defect in the Proclamations 189 Entry of a traverse of a Commorance in another County and reversall of the Vtlary Pur non commorance c. 191 Entry of a confession by the Garnisee ibid. Entry of a confession by the Attorney Generall upon a Testimony and reversall of the Vtlawry ibid. Entry of a speciall Writ of Capias utlagat and amerciament of the sheriff for bad attendance upon the Court ibid. Entry of a speciall Amerciament against the Coroners for not certifying of an Vtlawry after a Certiorare to them made ibid. Entry of a reversall of an Vtlawry for insufficient return of the certiorare 193 Entry of a reversall for variance between the record and the writ of Exigent 194 Entry of a reversall for that the cap. whereupon the exigent
issued was after a year and a day without a Sci. fac to revive the judgment ib. Vtlawry reversed for omission of the word quint. in the 50. exactus ib. Reversall for that the day of the fift Exact was before the teste of the Exigent ibid. The like for that the 1 exact was held after the returne of the Exigent ibid. The like for omission of the word Scotiae out of the stile of the writ ibid. The like for default of the Coroners names ib. Vtlawry and waiviar reversed for the same defect 197 Vtlawry reversed for not returning the first Hustings to be held at the common pleas and the other at the pleas of Land ibid Entry of a reversall for not returning the day on which the second County Court was held ib. Reversall for holding two County Courts within one moneth 198 Reversall for returning Utlagat for Waviat ibid. Reversall for omission of the word ante ib. Reversall for omission of the word anno ib. Reversall for omission of the word terre ibid. Reversall for variance between the Originall Writ and the Exigent 199 Reversall for that the Defendant was called the 1. and 2 time before the Teste of the Exigent ib. Entry of a reversall where the fift County was held before the teste of the writ of Allocat ibid. Reversall for omission of the word Mem. ibid. Reversall for omission of the word Tent. Secunda being written without a dash 200 Reversall for that the Capias was not returned 200 Reversall for the word infram for infra nominat 201 Reversall for that the Supersedeas upon the Exigent was entred upon the Record before the defendant was 50 exact ibid. Reversall for the word Civit for Civitat 202 Reversall of an Vtlary against the Intestate by the Administrator by a speciall entry in the same terme wherein the Vtlawry was reversed ibid Another forme of reversall of an Vtlawry against the Intestate by the Administrator 204 Reversall for that there is no such name of Baptisme ibid. Reversall for that in the Margent of the Roll the County of Kent and in the body of the Record the County of Sussex is written 204 Reversall for vitious and defective Returne in Law 205 Reversall for omitting of the second exact between 1. and 3. ibid. Reversall for omitting of the return of the Plur. Cap. in the close of the Writ of Exigent ibid. Entry of a discharge of an imprisonment because the Exigent is not entred upon Record ibid. View ENtry of a Writ of view in Formidon in Discender 207 Entry of a writ of view in a Writ De consuetudinibus Serviciis ibid. Entry of an alias writ where the sheriff returned upon the first Writ that the Demandants would not shew him the Land ibid. Venire facias Entry of a Venire facias against Tenant in Elegit to account c. wherein are speciall pleadings and Judgement by Nil dicit 208 Entry of a Writ of Venire facias directed Custod Palatii Westm to summon a Jury of Attorneyes to enquire of misdemeanors done in the Court of Common Bench 210 Withernam ENtry of pledges de novo after Withernam and awarding of a writ of second deliverance and awarding of a writ Ad deliberand averia 211 Entry of a Testat capias in Withernam where gage-deliverance is prayed of cattell taken in Withernam ibid. The like Entry after Capias in Withernam entred and pledges found if return thereof should be adjudged by the Court 114 FINIS
Tenant had not duly made his execution Suff. ss It was commanded the sheriff whereas William Ayleff Esquire Barbara his wife lately in the court of the Lady the Queen here to wit at Westminster by the consideration of the same Court had recovered their seisin against I. A. of the third part of the Mannor of Abbotts with the appurtenances in D. c. and whereas also at the prosecution of the same W. and B out of the said Court of the Lady the Queen here of and upon the judgment aforesaid to wit the 6. day of November An. 42. Eliz. issued forth a certaine writ of the Lady the Queen de Sesina directed to the sheriff of the county aforesaid By which said Writ the said Lady the Queen commanded the said sheriff that he should know that the same W and B. in the Court of the Lady the Queen of the common Bench here to wit at VVestminster aforesaid had recovered their seisin against the said I. of the said third part of the Mannor of Abbotts in the appurtenances and 8 messuages c. with the appurtenances as the Dower of the said Barbara of the indowment of Martin A. her late husband c. whereupon the said Lady the Queen now to the said sheriff commandeth that the said W. and B. full seisin of the third part aforesaid with the appurtenances to hold to them in severalty by meats and bounds he should cause to be had and in as much as he should that precept of the Lady the Queen he should make appeare to the Justices of the Lady the Qu. here to wit at VVestminster in 8. Hill then next following which said Writ of seisin afterwards to wit the 16. day of Ianuary then next following at Y. aforesaid in the county aforsaid to E. B. Esquire then sheriff of the County aforesaid being was delivered to be executed in Form of Law And also by the information of the said W. and B. the same Lady the Queen hath understood that the said Edward favouring the same I. A. and indeavouring wholely to defraud the same W. and B of the recovery of the third part aforesaid afterwards to wit the 17. day of Jan. An. 43. abovesaid caused to be had to the same W. and B. full seisin of 1 Messuage in E aforesaid late in the tenure c. to hold to the same W. and B as the Dower of the same B. of the Indowment of the said Martin her late husband in the same mannor of A. and to the Tenements and Rents aforesaid in Y. c. contingent as by the Record and proceedings here in the same Court of the said Lady the Queen remayning manifestly appeareth whereas notwithstanding all and singular the Tenements aforesaid to the same W. B. by the said Ed. Bacon for the third part of the Mannor Tenements and Rents aforesaid with the appurtenances in Forme aforesaid delivered and assigned are not parcell of the mannor lands and Tenements aforesaid wherof the same W. and B. have recovered their third part in forme as aforesaid to the immoderate damage and grievances of the said W. and B. whereupon they have supplycated the said Lady the Queen to adhibet to them a fit remedy in this behalfe the same Lady the Queen not being willing in any wise to injure the same W. and B. But being willing that compleat justice be don and used to them in this behalfe that by honest c he should make known to the same I. that he should be here at this day to wit in 8. Mi. to shew if any thing c. Wherefore omitting the Tenements aforesaid to the same W. B in Form aforesaid delivered and assigned the same W. B seisin and execution of the said third part of the mannor Tenements and Rents aforesaid with the appurtenances whereof the said W. and B. have recovered their third part in Form as aforesaid according to the Form of the recogniz aforesaid against the same I. ought not to have if c. THe Defendant appeareth and saith that the said W. and A. any further execution of the third part aforesaid of the mannor and Tenements c. aforesaid with the appurtenances by them above recovered against him ought not to have because he sayeth that well true it is c. And confesseth the Recovery the writ of seisin and the return thereupon and that the Defendant entred into the land and further saith That the said messuage 3. acres of Land c. in D. aforesaid to the same W. B by the same E. B. for the third part of the mannor c. in Form aforesaid delivered and assigned are parcell of the mannor and Tenements whereof the same W. B. have recovered their seisin of the third part abovesaid in Form as aforesaid and this c. Judgment for the Tenant upon the demurrer And demurrer for that the writ lyeth not but afterwards an other Writ generall was brought And it was adjudged to be well brought See Hill 25. Rot. 650. P. 9. Jac. rot 656. Entry of a Sci. fac in a Quare Impedit T 30. Eliz. rot 1308. Lincoln ss It was commanded the sheriff whereas Thomas Beverly Gent. in the Court of the Lady the Queen now here to wit in the Term of of S. M. An. Eliz. 28. and 29. before Ed. Anderson Knight and his associats then Justices of the said Lady the Qu. of the Bench here by the consideration of the same Court had recovered his presentation against Iohn Arch. Bpp. of Canterbury and G. Cornwall his Clerk of the Church of Somerby in the County aforsaid being void and belonging to his gift by writ of the said Lady the Queen de Quare impedit as by the record and proceeding therein in the same Court here remayning it manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth to be don as by the information of the said Thomas the Queen understandeth and because c. that by honest c. he should make known to the said Arch Bpp. and Gabriel that they should be here at this day to wit in Cr. S Tri to shew if any thing c. wherefore the same Thomas execution against them ought not to have according to the Form of the recognizance aforesaid if c. And now here at this day came aswell the said Thomas by VVilliam Be. his attorny as the same Arch Bpp. and Gabrill by R. P. their attorney And here upon the said Thomas prayeth Execution of the judgments aforesaid against the said Arch. Bpp. and G. to him to be adjudged Saith nothing but the ordinary c. and the same Arch Bishop defenderth the force and wrong when c. and nothing in Bar of the execution of the said Thomas saith whereby the said Thomas remayneth against the said Arch. Bpp. thereof without defence Therefore it is considered that the same Thomas have execution of the judgments aforesaid against the said Arch-Bishop according to