facias is onely against the goods as Leases for years or moveable goods as Corn Houshold stuffe Cattle Apparrel Money Plate c. and it ought to be sued out within the year after the Judgement Co. 3. 13. After a Fi. fa. a man may have an Elegit but on the contrary after the Elegit he cannot have a Fi. fa. because the Elegit is of a higher nature then the Fieri facias An Elegit is a Writ whereby the Plaintiff is to have Execution of the half of all the Defendants lands and chattels except Oxen and beasts of the Plough till the debt and damages be wholly levied and paid to him and during the term he is tenant by Elegit Terms of the Law The Proceedings upon the Writ of False Judgement YOu must call of the County Clerk for a return of the Writ together with the whole Record of all the proceedings from the original and beginning of the cause in the County Court The Writ being returned you must assign Errors and take Copies thereof and thereupon sue forth a Scire facias to the Plaintiff in the Action to hear Errors To which the Plaintiff may appear and plead the common plea which is that The action nor proceedings in the County Court are in nothing erroneous Then must the Desendant endeavor to get a Rule or day given for the arguing of the same Errors But if the Defendant doth delay and doth not call for a return of the writ nor proceed then the Plaintiff may sue forth another Scire facias against the Defendant to shew cause why he should not have Execution upon the Judgement had in the County Court And if at the Return of the second Scire Facias Errors be not assigned then Judgment is confirmed in that Court into which the Writ is returnable If Errors be found and allowed to be sufficient and good then is the said Judgment to be reversed and made void But if Errors be not found good then is the Judgment in the County Court affirmed and further costs for delay of Execution allowed to the Plaintiff who may presently sue forth Execution out of that Court into which the Writ was returned against the Defendant Note that if the Judgment be reversed and made void yet notwithstanding it takes not away the Plaintiffs cause of action for he may commence a new action against the Desendant for the same cause The same proceedings are upon an Accedeas ad Curiam See the Record upon it The manner and form of drawing up Records upon a Writ of False Judgment and Accedeas ad Curiam THe Sheriff is commanded that if A. B. shall secure the same Sheriff to prosecute his plaint then in his full County he cause to be recorded the plaint which was in the same County by writ of his Highnesse the Lord Protector c. between W. B. and the same A. B. in a certain Trespasse upon the case to the same W. B. by the same A. B. done c. And whereupon the same A. B. did complain that False Judgment was done to him in the same County and that he should have here at this day that is to say Octab. pur under his Seal and by four lawfull Knights of the same County who should be present at the Record and that he should have here the Summoners the names of the four Knights this Writ and another Writ And now here at this day came aswell the same A. B. by Simon Dunn his Attorney as the said W. B. summoned c. by Phit Prince his Attorney And the Sheriff to wit Geo. Mar. Esquire now returneth that the same A. B. had found to the same Sheriff Pledges to prosecute his said Writ to wit Iohn Doo and Ric Roo And that he by vertue of that Writ to him directed at his County held at the Castle of York in the County asoresaid the 10. day of May in the year of our Lord 1657. made the same plaint to be recorded which was in the same County between the same A. B. and W. B. and the Record of the same plaint before the Justices here at this day under his seal and the seals of H. M. and four lawfull Knights of the same County hath ready of those who were present at the Record And that he summoned the same W. B. that he should be here at this day to hear the Record by R. S. and F. L. as by the same Writ to him it was commanded c. which said Record followeth in these words OLIVER Lord Protector c. To the Sheriff of York greeting W. B. hath requested that A. B. of C. in your County husbandman although the same W. B. be our true and faithfull subject and as our true and faithfull subject from the time of his nativity hitherto hath carried and behaved himselfe and of good name and same among many of our saithfull subjects was noted called and reputed notwithstanding the same A. B. not ignorant of the premisses the same W. B. unjustly to vex and him of his goods name fame and opinion whereof from his nativity to deprive conspurgate And the same W. B. into perturbation vexation and infamy amongst his neighbours and many other saithfull subjects and people of this Commonwealth to induce plain salse and scandalous words of the same W. B. at C. in the presence of many faithfull subjects and people of this Commonwealth said published and pronounced in these English words following to wit W. B. the same W. B. meaning hath stoln my horse By speaking publishing and pronouncing which same words the same W. B. not only in his good name and same is hurt but also in his doings and businesses with honest persons with whom the same W. B. in buying selling and lawfull bargaining before used is much prejudiced and made worse to the no little damage and losse of the same W. B. c. And therefore we command you that you hear the said Plaint and afterwards cause the same to be with-drawn that we hear no more clamour thereof for defect of Justice Witnesse c. Pleas held at the Castle of York in the County of York upon Monday the second day of June in the year of our Lord 1657. AT this Court W. B. complaineth of A. B. in a plea of Trespasse upon the case W. B. by P. P. his Attorney complaineth of A. B. in a plea of Trespasse upon the case for that to wit that whereas the same W. B. is a good true and faithfull subject of this Common-wealth of England from the time of his nativity hitherto hath carried and behaved himself and of good name same credit and reputation honestly with good and grave men as well his neighbours as other saithfull subjects of the said Cōmonwealth was had noted called and reputed without any falshood thest perjury selony deceit or stain of any other fault or hurtfull crime unspotted and untouched by the whole time aforesaid carried
and truly try this Issue between party and party according to your Evidence so help you God And as they are sworn enter by every mans name Jur. viz. juratus est he is sworn Being all sworn bid them stand together to hear their Evidence Then swear the Witnesses The Evidence that you are to give to this Inquest touching the matter in variance shall be the truth the whole truth and nothing but the truth so help you God Then let the Jury depart from the Bar to agree upon their Verdict At their return command the Bayliff to call every one by their names and count them Then aske them if they be all agreed on their Verdict Jur. yea Who shall say for you Jur. The foreman Then call the Plaintiff A. B. appear or thou loseth thy Plaint three times Then aske the Jury if they will stand to their Verdict Jur. yea Whether do you find for the Plaintiff or for the Defendant Jur. for the Plaintiff What damages Jur. 2 d. What costs of Suit Jur. 2 d. Harken to your Verdict this you say you find for the Plaintiff and assesse damages 2 d. and costs of Suit 2 d. so say you all Jur. yea Then bid the Plaintiff pay the Jury If the Verdict find matter incertainly or ambiguously it is insufficient and no Judgment ought to be given thereupon as if an Executor plead plene administravit viz. fully Administred of all the goods and Chattels which were of the Testator and issue is joyned thereupon and the Jury find that the Defendant hath goods within his hands to be administred but find not of what value this is incertain and therefore insufficient A Verdict that findeth part of the issue findeth nothing for the residue this is insufficient for the whole because they have not tryed the whole Issue wherewith they were charged But if the Jury give a Verdict of the whole Issue and of more c. That which is more is Surplusage and shall not stay Judgment for utile per inutile non vitiatur but necessary incidents required by the Law the Jury may find The Court being ended adjourn the Court to another day to be kept commanding the Bayliff to make Proclamation O yes c. and say All manner of persons that have any more to do at this Court let them come forth and they shal be heard otherwise they and every one else may depart for this time and keep their houre here on Munday the fourth day of August next by nine a clock in the morning c. Now the Court being done and the Defendant condemned by Verdict then Judgment being entred a Fieri facias shall be awarded to make Levy of his goods and thereupon the Defendants goods shall be taken praised and sold to satisfie the party Plaintiff and if the Defendant hath no goods whereupon Levy may be made then the Plaintiff rests without remedy in this Court Of Distresse COnsidering the many lacrymable wrongs the Country hath sustained by those Locusts that litigious generation of men a clamorous company qui ex injuria vivunt Seminaries of discord worse then any polars by the high way side monstra hominum rabulas forenses irreligious harpies scraping griping catchpoles Bayliffs and corrupt practisers and how much the ignorant people are abused and deceived yea many times as the sad experience of many will inform us ruined and utterly undone by them they being the sole causes of those ignominious aspersions cast upon the Court The advantage that it would produce to the Common-wealth is in-explainable if the Statute of 1. of H. 5. cap. 4. were observed that is that Sheriffs Bayliffs one year not to be in that Office in three years after because by their continuall being in that Office they grow so crafty and cunning that they are able to deceive the Sheriff and ruine the whole Country Therefore that the Country may not be altogether ignorant of their seeming authorized Actions I will declare what and when they may distrain and what and when they may not But first to declare what a Distresse is A Distresse is either said to be reall that is when Land is distrained upon a grand cape or petit cape of which we have nothing to say here or it is said to be personall where moveable things are distrained and this is that we are to speak unto Therefore a Distresse is where one doth take and distrain the Beasts Cattell and other things of another man in some ground or place for debt rent or other duty behind or for some wrong or damage done The Sheriff nor his officers cannot break a mans house in the night time to execute any Processe or to do any ministeriall act for the Law giveth no colour to break a mans house by night None can be distrained that are out of the Jurisdiction of the Court Marl. cap. 2. No Distresse can be made in the night but for Damage feasant The Bayliff may attach a man by his goods citing him to appear and answer such a day at such a mans Suit in such a Court and for such a cause Or he may onely give the Defendant warning in the presence of two others to appear such a day in such a Court at such a mans Suit it is sufficient And if an Attachment be made it must be of such goods of the Defendants own proper goods as are movables viz. by meer Chattels personalls which may be forseited by Outlawry and not immovables A Bayliff cannot sever horses joyned to a Cart. Sheep may not be distraind if there be a sufficient Distresse besides No man shall drive a Distresse out of the County where it was taken A Distresse may not be impounded in severall places upon pain of five pounds and trebble damages A man cannot work goods distrained nor convert them to his own use The goods of any man may be taken in any place within the County in another mans house or ground as well as his own If a Bayliff distrain or attach the horse of a master where the Plaint is against the servant Trespasse lyes for the Master against the Bayliff for the Bayliff ought to take notice at his perill whose goods he distrains or attaches 13 H. 4. fo 2. 14 H. 4. 24. 11 H. 4. 90. Dr. and St. 139. After Distresse or Attachment made if the Bayliff doth not return his Precept the next Court Trespass lyes against the Bayliff for the Defendant and an Action of the case lyes against him for the Plaintiff for not returning of the Precept 10 E. 4. fo 18. 3 H. 7. fo 3. By Choke If one take Beasts in the name of a Distresse he ought to put them in an open Pound for that he who is distrained may give to them sustenance but if he distraine dead Chattels he may put them where he will but if they spoyl in his default he must answer for them 19 E. 4. fo 2. b. If goods distrained
Eliz. Co. B. adjudged If a Beast be unruly in the pound and is like to leap over the pound it seemes the distrainer cannot justifie the tying him to the pound nor the fettering of him Broo. Trespasse 250. 27 Ass pl. 64. None shall distrain wrongfully upon the penalties provided upon the Statute of Marlb West 1. 16. 3 E. 1. None shall procure any to distrain another to make him appear at the County Court or any other inferiour Court on purpose to vex him and put him to charge and trouble on pain to make Fine to the Lord Protector and to pay the party grieved trebble damages West 1. 36. 13. E. 1. An Axe that is in a mans hand cutting of wood nor goods that are impounded and in the custody of the Law cannot be distrained being distrained already Damage-feasant If one distrain my Cattell or Goods without any cause or colour that is not good and just or if a man having distrained my goods will not tell me requiring it and offering to give satisfaction for what cause he distrained them or if having cause to distrain he do distrain Beasts not distrainable as Beasts of the Plough or Sheep or if having distrained Beasts distrainable he afterward abuse them as if being a Horse or an Oxe he work it or being unruly he setter it or lay it so as it be thereby hurt or if he put the Distresse in an unknown place that I cannot tell how to come to it to feed it or if he take them out of the County and put them into a Pound in another County or if he distrain them in a place not distrainable In all these cases I may have an Action of Trespasse against him Co. 8. 147. Doct. St. 112. F. N. B. 47. What goods may be taken upon an Execution EXecution is a Judiciall Precept issuing out after Judgment properly called a Fieri facias and lyeth where a man hath recovered in any Action lying in this Court either by default or Verdict then he that hath recovered may have this Precept commanding the Bayliff to levy the monies so recovered of the Goods and Chattells of the Defendant and to bring it into the Court that the party Plaintiff may have it The Bailiff may by vertue of this precept or warrant after Judgement distraine the Defendants goods and detaine the distresse in his hands in safegard till the Defendant hath satisfied the Plaintiff of the condemnation 22 Ass 72. F. N. B. 165. and 4 H. 6. fol. 17. Action The Bailiff upon this precept is to do his utmost endeavour to levy the Money upon the Goods and Chattels of the Defendant and for that purpose to enquire and search if he can finde out any Goods and Chattels of his whereof Execution may be made and it will be wisedome in the Plaintiff to make a diligent search to see if he can finde out any thing to be taken hold of and if he can discover any to direct the Bayliff to it who ex officio is to take it and to sell it and if he cannot sell it he is to return it so and thereupon a Precept called a Venditioni exponas shall be sent to the Bayliff to force him to sell it and pay the Plaintiff Goods taken in Execution must be praised and Execution made of them 27. Ass 72. Where erroneous Judgment is given the Officer which doth the Execution is excused 22. Ass 64. Plowden 194. But the contray if Judgment be given that is void or voidable for where Judgment and Execution is of a thing whereof they have no Jurisdiction there Trespasse lyes against the Officer for executing it but if Judgment be there but erroneous and so void false Judgment lyes and no Trespasse against the Officers Plowdens com 394. If after Judgment a man doth sell his goods to defraud me of my Execution and neverthelesse taketh the profits of them if it be so found I may have Execution of the goods sold by fraud 43 E. 3. fo 2. 22. Ass 72. 50 E. 3. If the Bayliff hath a Fieri facias against a man and before Execution he payeth the mony in this case he cannot do Execution after if he do an Action of Trespasse lyeth against him B. R. pach 12 Car. If the Sheriff open or break any House to do Execution at the Suit of a common person the Execution is good but the party whose House is broken may have an Action of Trespasse against him for the breaking of the House Co. 5. 93. 3. If the Sheriff levy mony upon an Execution and giveth it to the Plaintiff though he never make any return to the Court it is good enough Co. 5. 90. 4. 67. 11. 40. 20 H. 6. 24. 4. If a man hath a Judgment in this Court against the Plaintiff or the Defendant and the Execution is deferred in favour of him the party grieved may have a Writ de executione Judicii from above to hasten it F. N. B. 120. This Writ de executione Judicii is directed to the Sheriff in whose county the execution ought to be done if he will not doe Execution the Complainant shall have an Alias and a Plures with this clause in the Writ of Plures or signifie unto us the cause why c. And if he do not Execution upon this Writ or return not some reasonable cause wherefore he delayes the Execution the party shall have an Attachment against the Sheriff returnable into the Upper Bench or Common Pleas and must be directed to the Coroners returnable as abovesaid to answer c. Goods pawned shall not be taken upon Execution for the debt of him who pawned them during the time they are pawned 24 H. 8. Pledg 28. 4 E. 6. Distresse 75. By Fieri facias or Levari faoias the Bayliff cannot break the door or chest to take goods in Execution for if he do Trespasse lyes against him for the breaking onely and not for taking the goods in Execution 18 E. 4. fo 4. 13 E. 4. fo 9. by Choke notwithstanding 8 E. 2. tit Executors 152. to the contrary If a man letteth to farm by the year Oxen or Cattel and after the Lessee for years is condemned in an Action of debt these Cattell and Oxen demised during the term cannot nor shall not be taken in Execution for this debt 22 E. 4. fo 10. A Bayliff cannot pull the latch to open the door if it be shut to make a Distresse Co. 5. 91. 93. Dyer 67. 224. But if the out door of the House be open the Sheriff may go into the House and take any thing these lyable to Execution and being come in at the open door it seemes he may break open any of the inner doors 18 E. 4. 4. Co. 5. 90. Co. 4. 74. Of the Replevin CAttell being distrained for Rent Damage-feasant c. the Owner of the Cattell must goe to the County Clark or some one of the Deputies appointed in the County for the
granting out Replevins to have a Replevin directed to the Bayliffs to Replevie them and the party must be bound in an Obligation to the Sheriff to prosecute his Action against him or them that did take the Cattell and to make return of the same Cattell to the Distrainer if he by Justification or Avowry do recover And if he pursue it not or if it be found or judged against him then he that took the Distresse shall have again the Distresse and that is called the return of the Beasts and he shall have in such case a Writ from above de Returno habendo This Replevin may be returned out of the County into the Common Pleas by a Writ of Recordare If the goods cannot be taken by the first Replevin then issueth forth an Alias then a Plures then a Toties quoties and if none of these will do then a Withernam The suing of a Withernam is after this manner If the Bayliff return at the next County upon the Toties quoties that he cannot Replevie the Cattell because they are esloyned or that he cannot have view of the Cattell then the Sheriff ought to make inquirie if it be true which is returned and if it be so sound out he shall make a Precept to the Bayliff in the nature of a Withernam to take as many Cattell of the other party And if the Bayliff upon the Withernam thus awarded return that the other party hath not any thing c. he shall have an Alias and Plures and so ad infinitum and hath no other remedy in this Court Note that Cattell taken in Withernam ad valentiam that is to the value of the Cattell that were first distrained and so detained that the Sheriff cannot execute the Replevin brought for them is to be understood not of the number of the Cattell first distrained but according to their full worth and value For otherwise he that bringeth the Replevin and Withernam will he deprived of his satisfaction he ought to have in case the Distresse were not lawfully taken But now to return again to the Replevin if the thing distrained be put by the Distrainer in a place where the Sheriff cannot come at them to make a Replevie he may take Posse comitatus viz. the power of the County and after demand of the Chattels he may beat down the door or place where they are to take them and the Owner of the goods shall recover double for his losse what ever it be The Sheriff upon complaint made to him upon taking of Cattell may command his Bayliff by word to make a Replevin of them and it is as good as though he had made his Precept to the Bayliff Fitz. 6. 9. He that hath the Replevin must have either a generall or speciall property in the thing as of goods pledged or the like and it must be in him at the time of the taking or otherwise he cannot have or maintain the Replevin for them Diverse mens Cattell being taken they may not joyn in one Replevin but must have severall Replevins A Replevin ought to be certain in setting forth the number and kinds of the Cattell distrained otherwise it is not good because if it be not certain the Sheriff cannot tell how to make deliverance of the Cattell because he knows not particularly what the Cattell are that were distrained Trin. 23. Car. B. R. If a man taketh and impoundeth goods a Replevin may be of more Cattell than were impounded for if a man distrain Cows or Ewes c. and they have in that Pound Calves or Lambs the Plaintiff shall have a Replevin for them all and by Lit. it was adjudged Mich. 8. E. 3. That if a man distraineth and impoundeth a Sow great with pigs in the Pound the Owner shall have a Replevin for the Sow and the Pigs If Cattell be distrained and a Replevin is sued the Defendant doth avow for taking of them Damage-feasant or for Rents Customs and Services and are at issue and after the Plaintiff is non-suit or otherwise barred he shall lose his costs and damages by the stat of 7 H. 6. cap. 5. but by the stat 21 H. 8. it is clear Pasch 14. Mar. Dyer 141. If a man by his Deed grant a Rent with clause of Distresse and grant further that he shall keep the goods distrained against Gages and Pledges untill the rent be paid yet shall the Sheriff replevie the goods distrained for it is against the nature of such a Distresse to be irrepleviable and by such an intention the current of Replevins should be overthrown to the hindrance of the Common wealth 31 E. 3. Gage deliver 5. Co. Inst 1. fo 145. b. If in this case the taker of the Cattell justifie the taking as in his Freehold then this Court can proceed no further therein but the cause must be removed by a Writ out of the Chancery called a Recordare facias loquelam directed to the Sheriff returnable the next term following either into the Court of upper Bench or Common Pleas to which the party pleaseth but they are more properly belonging to the Court of Common Pleas and this Writ must be openly read and allowed in the same Court to the end that notice may be given thereof to the Plaintiff in the Replevin that he may appear at the day of the return thereof and declare against the taker of his Cattell otherwise the taker will have a retur habend aver and put him to sue forth the second deliverance which is a great disadvantage to the Plaintiff If a Replevin be sued out and the Defendant doth avow for taking of them Damage-feasant or for rents customs or services and are at issue and after the Plaintiff is Non-suit or otherwise barred he shall lose his costs and damages Stat. 7 H. 6. cap. 5. 21 H. 8. Pasc 4. Maria Dyer 141. Of the Processe of this Court THe Process of this Court are either originall issuing out before Judgment Or Judiciall issuing out after Judgment Originall is a Distringas or County Warrant c. Judiciall Process is onely a Fieri facias or Execution directed to the Bayliff to levy the debt or damages and cost of Suit recovered of the goods of the Desendant or of the Plaintiff if he be non-suited The Originall Processe viz. Distringas or County Warrant is a Precept issuing out for a debt under forty shillings It s form is as followeth Y. ss I. B. Esq Sheriff of the said County to all and singular my Bayliffs within the said County and their Deputies greeting Commanding you and every of you that you distrain R. B. by his goods and chattels within the said County so that he be and appear at the next County Court to be holden at the Castle of Y. on munday the 10 of J. to answer unto S. D. in an Action of debt And that you then and there certifie your doings herein Sealed with the Seal of my Office the sixteenth
County of Y. there held c. the aforesaid I. H. and the rest of the Defendants within named the fifth time exacted were at which day the aforesaid I. H. appeared and rendred himselfe to the prison of his Highness c. of the Castle of Y. whose body before the Iustices within written at the day and place within contained ready I have as within to me is commanded but the rest of the Defendants within named appeared not therefore c. as above And besides I. S. who hath rendred himself to the prison of c. of the Castle of Y. whose body before the Justices within written at the day and place within contained ready I have as this Writ exacteth and requireth And besides I. C. who dead is will not appear therefore by Judgement c. and the aforesaid T. C. waved is in presence of T. C. and F. W. Coronors of c. of the County aforesaid At the County c. 1. 2. 3. 4. exacted he was and hath appeared and rendred himself to the prison of c. of the Castle of Y. where so sick he is that fore fear of death him before the Justices within written at the day and place within contained have I cannot The Return of the Writ of Proclamation BY vertue of this Writ to me directed at my County of Y. held at the castle of Y. within written on Monday c. the year c. within written the first time to be proclaimed I caused And at my County of Y. held at the Castle of Y. aforesaid in the said County of Y. on Monday c. the year c. within written the second time to be proclaimed I caused as also at the general Sessions of the peace held at Skipton for the West riding of the said County within written on Tuesday viz. the 12. day of Sept. aforesaid the year c. within written publickly to be proclaimed I caused that I. C. and all other the Defendants within named themselves to render to the within named Sheriffs of London so that the same Sheriffs have their bodies before the Justices within written at the day and place within contained as this Writ exacteth and requireth The manner of proceeding upon the Writs of Recordare Pone Writ of False Judgment c. in the Common Pleas after removall out of the County Court YOu must repair to the County Clerk or his Deputy and demand a Return of the Writ of Recordare or Pone If upon the return the Defendant appear then must you declare and when your Declaration is drawn enter it upon a roll in one of the Prothonotaries offices and see that it be docqueted together with the number of the roll If the Writ be returnable in the begining of a term especially in issuable terms the Desendant is to answer the same term unless the Desendant hath Emparlance to plead until the following term Rules to answer must be entred in the Remembrance in the Prothonotaries Office entring in the Margent or over the head of the Rule that if the Defendant do not plead within some few dayes let Judgement be entred And if no plea be brought in within the time then may you sign Judgement with the Prothonotary in default of answer If the Defendant appear not upon the return of the Writ then may the Plaintiff have a Procedendo to carry the cause back again into the County Court If the Plaintiffs Attorney declare not against the Desendant upon his appearance within a reasonable time of the Term then may the Defendants Attorney enter a Rule in the Bill of Pleas against the Plaintiff to declare and if he declare not then may he enter a Non prosec and sign it with the Prothonotary and costs given for the unjust vexation If the Defendant plead generall issue then must the Attorney for the Defendant set his hand to the Doquet book of the Plaintiffs Attorney who draws up the plea and makes a Copy of the issue and delivers it to the Defendants Attorney and then they usually give notice of triall If the Defendant plead specially he is to bring it to the Plaintiffs Attorney under a Serjeants hand and if the Plaintiff reply specially it must likewise be under the Serjeants hand the like upon a Demurrer to a Declaration and Rejoynder in Demurrer If your triall be by Nisi prius at the Assizes in the Countrey and the Jury appeare not full upon the Pannel then may you require a Decem tales de circumstantibus viz. ten of the standers by to fill up the Jury or more or lesse as is requisite which Tales must be mentioned upon the return of the Postea and the Judgment upon it in the Issue Roll. Having entred your Declaration with the Issue joyned in the Prothonotaries Office then make out a Venire facias upon your Issue and get signed with the Prothonotary and seal it then get it returned by the Sheriff of the County where the action is laid and upon the return of it sue forth an Habeas corpora and deliver the same to the Sheriff to summon the Jury and get it returned before the Assizes In suing forth your Nisi prius ingrosse your Record according to the copy of the Issue made up and the entry of it upon the Roll in the Prothonotaries Office and examine it if it be upon an Issue joyned the same Term whose hand must be to it then carry the same to the Clerk of the Treasury to signe and make up the Record If the Issue was entred of a Term past then must you deliver the paper Book of the Issue to the Clerk of the Treasury to examine the same by the Roll and to make up the Record which must be signed by him then must it be sealed with the Lord chief Iustice of the Court and then deliver it together with the Hab Corp Iur. returned by the Sheriff to the Clark of the Ass for that County where it is to be tried paying the Judges Then retain Councel and have your witnesses ready for the trial The triall being had and verdict passing for your Client the next Term you are to call of the Clerk of the Assizes for a return of the Postea and thereupon the Prothonotor will assesse costs and cause Judgement to be entred upon which you may have Execution by Capias ad satisfaciendum Fieri facias or Elegit c. according as you desire and as the nature of the action brought doth allow or require Note that a Capias ad satisfac is only against the body who must be imprisoned until satisfaction be made and if the Defendant cannot be found the Plaintiff cannot have another Execution 20 E. 2. for he may chufe at the first whether he will have a Capias or an Elegit but if he take the Capias he shall not have the Elegit afterwards nec è converso 15. H. 7. 15. The Writ of Fieri
and governed himselfe Notwithstanding the said A. B. not ignorant of the premisses out of his meer and wicked malice preconceived indeavouring the name and same of the same W. B. to hurt detract make worse darken and utterly to destroy and also into perturbation vexation and insamy to lead and induce certain salse and scandalous words and lies of the same W. B. the 8. day of April in the yeare of our Lord 1656. at c. and within the liberty and jurisdiction of this Court in the presence and hearing of many faithfull subjects of the said Commonwealth said repeated and spread abroad in these English words following to wit W. B. meaning the same W. B. hath stoln my horse out of my Close which I will prove By pretext of speaking and spreading abroad of which said salse scandalous words the same W. B. not only in his good name and same is hurt but also in performance of his businesse with honest persons with whom the said W. B. in buying selling and lawfull bargaining is much hindred and damnified and also some subjects and people of this Common-wealth for that occasion will draw themselves from the company of the same W. B. and to converse with him or any wayes to intermeddle refused and yet do refuse whereupon c. damages to 39 l. And thereof he bringeth suit c. And the said A. B. by S. D. his Attorney cometh c. And saith that the said W. B. his action aforesaid against him ought not to have because he saith that he is not guilty of the speaking and spreading abroad of the words in the Declaration aforesaid specified nor of any part of them in manner and form as the said W. B. above against him complaineth And this c. Therefore according to the custom it is commanded to the Bailiff of the Weapentake of Ouze and Dar that c. that he cause to come before the Steward of the same Court at the next Court of the County aforesaid such a day 12. c. And that he then have there the same Precept together with the pannel of the names of the Jurors aforesaid the same day c. At which County Court held at the Castle of Y. aforesaid according to the custom before the Steward there upon Monday the 2. day of April came as well the same W. B. by his Attorney aforesaid as the same A. B. by his Attorney aforesaid c. and the same Bailiff of the Weapentake aforesaid returned the precept to him directed in all things served together with a Pannel of the names of the Jurors Annexed to the precept to wit in the same pannel are named L. M. N. R. c. to make a Jury between the parties aforesaid in the plea aforesaid who to speak the truth of the premisses being elected tried sworn say upon their oath that the said A. B. is guilty of the speaking spreading abroad of the said words in the said Declaration specified and they assessed the damages of the said W. B. by occasion of the speaking of the same words besides his costs and expences by him about his suit in this behalf laid out to 4 l. 5 s. for those costs expences to 8 d. Therefore at the same Court that the said W. B. should recover against the said A. B. his said damages by the Jury aforesaid in form aforesaid assessed and also 3 s. 8 d. for his costs and expences which said damages in the whole do amount unto 5 l. 17 s. 4 d. In witness whereof the seal of the Steward of the Court aforesaid is put Dated at the Castle of Y. the 12. day of March in the year of our Lord 1657. And hereupon the same VV. B. prayeth that the same A. B. may shew to the Court here and assign the defects wherein false Judgment is made in the said plaint if any be done to him whereupon the same A. B. saith that the same Record is vitious and much defective to wit in that it doth not appear by the Record before whom the first Court was held and in this that the said VV. B. by his Declaration did complain himself to be damnified and made worse to the value of 40 l. whereas by the law of the land that Court cannot hold plea of 40 s. In this also that the same Court held the 12. of March was held before the Steward whereas it ought to be held before the Suitors of the same Court and the Sheriff of the County for the time being so that the same Judgment was given Coram non Iudice Also in this that by the same Record it appeareth that the same VV. B. appeared by P. P. his Attorney and the same A. B. appeared by S. D. his Attorney but in the Record is not mentioned any Warrant of Attorney for the same VV. B. or for the same A. B. in the said plaint And to the same A. B. saith that divers manner of ways in the County Court aforesaid false Judgment is made to him in the said plaint And hereupon prayeth that the said Judgment for the said defects and others being in the same Record as false and erroneous may be adnulled and altogether taken for nothing And the same A. B. to the said 5 l. 17 s. 4 d. which the said A. B. by vertue of the same Judgment for his damages by occasion of the premisses recovered against him and unto all things which he by occasion of the same Judgment lost may be restored c. And the same W. B. saith that in the Record aforesaid there is no errour nor to the same A. B. in the same County Court held at the Castle of Y. aforesaid false Judgment is made in the same plaint and prayeth that the Justices here proceed to the examination of the same Record and to resorm and correct the false Judgment if any be found therein proved or can be made appear And because the Justices here will advise themselves of and upon the premises before they further proceed therein day is given c in Oct. pur to hear thereof what the Court hereof and upon the premises shall consider because the Justices hear thereof not as yet c. At which day here came aswell the said A. B. as the said W. B. by their Attorneys aforesaid And because the Justices here further will advise themselves of and upon the premisses aforesaid before they proceed further therein further day is given c. in Mens Pas to hear thereof what the Court hereof and upon the premisses aforesaid shall consider for that the Justices hear thereof not as yet c. If any errors and defects be found in the proceedings then will the Judgement be reversed and a Writ of Restitution awarded It was commanded the Sheriff if A. B. and C. D. should secure the same Sheriff of prosecuting their complaint then in his full County he should make to be recorded the plaint which was in
declared and this he is ready to verifie whereupon he prayes Judgement of the said Writ of Justicies and that the said Writ of Justicies be quashed c. Plea in Abatement for that the Plaintiff hath one name in the Writ and another in the Declaration ANd the said A. by I. R. his Attorney comes and prayes Judgment of the Writ of Justicies aforesaid because he saith that he is the same person against whom the said B hath brought his Writ aforesaid by the name of B. D. otherwise E. Yeoman and that the said B. is named John otherwise Henry and by the same name of B. D. otherwise E. the day of obtaining of the Writ of Iusticies of the said B. and alwayes afterterwards hitherto he hath been known and called and by the same name of B. D. otherwise against the said A. in his Declaration aforesaid now hath declared without that that the said B. is named or called Iohn otherwise Henry or by the same name of B. D. otherwise E. hath been at any time known or called and this he is ready to verifie whereupon he prayes Judgment of the writ of Iusticies aforesaid c. The Defendant justifies for horse-meat not satisfied in answer to a Declaration in Trover for the same horse ANd the said A. saith that he the same time in which the said horse in the Declaration aforesaid specified is supposed to come to his hands and by two years then next elapsed and ever afterwards and yet is a common Inn-keeper and holdeth a certain Inn called the George in the Parish and Town of Harwood in he said County of Y. and that one C. D. the twelfth day of August in the year aforesaid at the Parish and Town of the said H. came to the Common Inne of the said A. bringing with him the said horse into the said Inne which said horse the said C. D. the same twelfth day of August abovesaid untill the twenty fourth day of Iune in the year c. abovesaid in the Inne of the said A. remained at meat and that the said meat of the said A. eaten and consumed within the same Inne by the same horse between the said 12. day of August in the said year of c. and the said 24. day of Iune in the yeare aforesaid was worth eight pounds ten shillings of lawfull money of England And that no person within that time paid the said A. for the said meat neither compounded nor agreed with the said A. for the same whereupon certain L M. NO and others lawfull and honest persons the neighbors of the said A. and inhabiting and remaining within the said parish of H. in the County aforesaid at the request of the said A. afterwards to wit the 24. day of Iune abovesaid at the said Town and Parish of H. reasonably appraised the said horse at six pounds ten shillings and no more whereupon the said A. afterwards to wit the said 24. day of Iune in the year abovesaid at the aforesaid Town and Parish of H. retained that horse in his hands towards the satisfaction of the said A. for his meat aforesaid then and there did convert and dispose as it was lawfull for him to do with it without that that the said horse came to the hands of the said A. in the aforesaid County of L. or any other place without the said Town and Parish of H. in the said County of Y. as the said C D. above against him complaineth and this he is ready to verifie whereupon he prayeth Judgment if the Plaintiff his Action c. The Defendant pleads leave and liberty granted to him by the Plaintiff to enter and feed his Cattel ANd the said A. as to the aforesaid Trespasse as to the breaking of the Close aforesaid and the eating c. with his cattel c. and the treading c. with his feet above supposed to be done saith that the same B. before the same time in which c. to wit the 22. day of May in the year c. at Skipton aforesaid in the County aforesaid and within the liberty and jurisdiction of this Court gave liberty to the said A. into the tenements aforesaid with the appurtenances of new assigned to enter and put in his Cattel aforesaid the grasse in the tenements aforesaid with the appurtenances of new assigned then there growing to eat up By vertue of which said liberty the same Defendant the same time in which c. into the tenements aforesaid with the appurtenances in which c. entered and his Cattel aforesaid to eat the grasse there put And the same Cattle the same time in which c. by vertue of the liberty aforesaid the grasse aforesaid in the tenements aforesaid with the appurtenances did eat tread down and consume which said breaking of the Close aforesaid and eating treading down and consuming of the grasse aforesaid with the Cattel aforesaid in the tenements aforesaid with the appurtenances above newly assigned and the treading and consuming of the other grasse aforesaid in the same tenements with the feet walking by vertue of the liberty aforesaid and for the cause aforesaid in form as aforesaid done is the same breaking of the Close c. And this c. The Plaintiff replies de injuria propria and traverseth the liberty And the Desendant justifies he gave the liberty and issue thereupon The Defendant justifies in Replevin the taking of the Cattel for Rent in arrear ANd the said A B. by S D. his Attorney cometh and defendeth the force and injury when c. and doth well avouch the taking of the said Cattel in the said place in which c. And justly c. because he saith that the said place in which c. is and from the time of the said taking and before was four acres of Land in M. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said A B. was seized in his Demesne as of fee of one Messuage one Garden and four acres of Land and one acre of Wood with the appurtenances in M. aforesaid whereof the said place in which c. is And at the said time in which c. was parcel and so being thereof seized that same Messuage Garden Land and Wood with the appurtenances long before the time of the taking aforesaid that is to say at the Feast of the annunciation of our blessed Virgin Mary in the year c. at M. aforesaid demised unto the aforesaid C D. to have to him from the same Feast as long as it should please him the said A B. yielding therefore yearly unto the said A B. as long as the said C D. should have and ocupy the said Messuage Garden Land and Wood 30 s. at the Feast of St. Michael the Archangel and the annunciation of our blessed Virgin Mary by equal portions yearly to be paid by vertue of which demise the
aforesaid in their Demesne as ofsee Between which said Closes there is a certain hedge separating each from other the aforesaid Closes which said hedge the aforesaid D. and all they whose estate the same D. hath in the Close aforesaid from time out of minde were accustomed to make repaire and sustain and say that that hedge for want of reparation and sustaining of the same was at the time of the Trespasse aforesaid supposed to be made broken down and laid prostrate to the ground and that the Cattel of the said A. and B. in their Close aforesaid put to depasture into the said Close of the aforesaid D. by the breach and decay of the said hedge did enter against the will of them the said A. and B. and the grasse aforesaid did eat up tread down and consume the same A. and B. their Cattle aforesaid freshly pursuing into the said Close of the said D. by the breach and decay aforesaid did enter to drive backe their Cattle into the said Close of them the said A. and B. and into that Close speedily drove them as it was lawfull for them to do which is the same trespasse and breach of close and feeding treading downe and consuming the grasse aforesaid whereof the said D. above against them complaineth And this they are ready to averre c. whereupon c. The Defendant upon a Replevin avoweth the taking of the Cattle doing Damage Feasant ANd the said A. by c. cometh and defendeth the sorce and injury when c. and doth well avow the taking of the said Cowes in the said place in which c. and justly c. because he saith that he is seized and at the time of the said taking was seized in one Messuage and 12 acres of Meadow with the Appurtenances in the said Towne of S. whereof the place in which c. the said Cowes were taken as parcell in his Demesne as of Fee And for that he at the time of the said taking found the said Cows doing damage in the said place in which c. the said A. those Cowes in his ground and free-hold so doing damage took as to him it was lawfull And this he is ready to prove whereupon he prayeth judgement and the returne of the said Cattle c. Misnomer in the Writ of Justicies ANd hereupon comes Alvered Pease by W O. his Attorney and saith that he being by vertue of the said Writ of Iusticies summoned by the name of Abraham Pease neither is nor can be understood the same person against whom the said E. W. hath brought his Writ by the name of Abraham Pease For he saith that he is named called Alvered Pease and by the same name and sirname from the time of his nativity always known and called without that that he is named or called Abraham Pease or by the same name and sir-name was ever known or called as by the said Writ is supposed And this the said Alvered is ready to aver and prove whereupon he demandeth Judgement of the said Writ and that the same may be quashed c. Non cepit to a Replevin ANd the said B. by S. H. his Attorney cometh and defendeth the force and wrong when c. And saith that he did not take the Cattle aforesaid as the said A. above against him complaineth And of this he putteth himselfe upon the Countrey And the said A. likewise c. Property ANd the said B. by S. H. his Attorney cometh c. and saith that the property of the Cattle aforesaid at the supposed time of their taking was in the said B. and not in the said A. And this he is ready to prove whereupon he prayeth Judgement c. Demurrer to a Declaration ANd the said B. by C. D. his Attorney comes and desends the force and injury when c. And saith that the Declaration of the said P. and the matter therein contained are not sufficient in Law for the said P. to maintain his action aforesaid against him the said B. to be had And that he to that Declaration in manner and forme aforesaid made hath no need nor by the Law of the Land is bound to answer And for causes of Demurrer in Law in this behalse the said B. according to the forme of the Statute in this behalf provided doth shew to the Court these causes following That is to say that the said Declaration doth contain double and insufficient matter and wants forme and this he is ready to aver whence for default of a sufficient Declaration in this behalse the same B. prayeth Judgement and that the said P. may be barred of having his action against him c. Joyning in Demurrer ANd the said P. saith for that he above declaring hath in his said Declaration alleadged sufficient matter in Law to maintain his said Action to be had against the said B. which he is ready to aver which matter the said B. doth not gainsay nor thereunto at all answer but wholly refuseth to admit that averment prayes Judgement and his debt aforesaid together with damages by reason of the detaining of the said debt to him to be adjudged c. If it be in Trespasse then thus PRayes Judgement and his damages by reason of the sayd Trespasse or Trespasse and Assault or Trespass Assault and Imprisonment as the case is to him to be adjudged c. If in an Action upon the Case PRayes Judgement and his damages by the occasion before specified to him to be adjudged c. OF THE JUDICIAL AND MINISTERIAL POWER OF SHERIFS TO treat of the Originall or first Institution of Sheriffs in this Common-wealth is not here necessary being already done in the tract of the County Court or first part of this our subject matter Therefore we will initiate with the office of Sheriff in which office he hath triplicem custodiam a three-fold custody viz. 1 Custos vitae Reipublicae The Conservator of the life or peace of the Common-wealth 2 Custos vitae Iustitiae The preserver of the life of Justice for no Suit doth commence and no Processe is executed but by him 3 Custos vitae legis The Guardian or Tutor of the life of the Law for after tedious and long spun suits he is to make due execution which is the very life and spirit of the Law Now as he is Custos vitae Reipub. or Principalis conservator pacis within the County he hath a Judicial authority in the other two a Ministeral 1. And first to discover his Judiciall power And as he is a preserver of the peace he may ex officio upon request command and cause another to finde sureties of the Peace and may take the same sureties by Recognizance for all Obligations that he takes to that end are as Recognizances in Law And if he see one man assault another or if an assault be made upon himselfe he may compel them to finde sureties of the
day of June in the year of our Lord 1656. By the Sheriff If the Defendant do not appear the next Court after the Distringas executed then farther Processe issueth against him viz. a Duces tecum to cause him to appear If not upon the first Duces tecum he appear you may have an Alias Duces tecum and a Plures Duces tecum ad infinitum untill he appear and no other remedy here The form is thus Duces tecum Y. ss I. B. Esq Sheriff c. to all c. greeting I command you and every one of you joyntly and severally that you bring with you and have at the Castle of Y. at my next County Court all those goods and Chattels of R. B. which late by vertue of another Precept of mine to you first directed you distrained at the Suit of S. D. and that you farther distrain the said R. B. by his other Goods and Chattels in the said County so that he be at the Castle of Y. at my next County Court to be holden on Munday the c to answer to the said S. D. in a Plea of debt And have you then and there this Precept Given under the Seal of my office the twentieth day of July in the year c. If you have your Distringas or Duces tecum speciall Then the form is thus Speciall Y. ss I. B. Esq Sheriff of the County aforesaid to all my Bayliffs and their Deputies in and through the County aforesaid more especially to R. S. and T. W. my Bayliffs in this behalf specially deputed greeting c. Â then proceed as in the former Of the Writ of Justices THis Writ issueth out of the Chancery directed to the Sheriff giving him power to hold Plea in this Court in Actions for forty shillings or above and though it be directed to the Sheriff yet are the Suitors Judges It is called a Justices because it is a Commission and no originall to the Sheriff to do a man Justice and Right and though it be quod Justices B. yet the Sheriff is not Judge therein but the Suitors and a Writ of false Judgment lyeth upon their erroneous Judgment and it requires no return unlesse the Action be removed by a Writ of Recordare and then the Writ must be returned together with the Record The form of the Precept upon the Writ is as followeth Yo. ss G. M. Esq Sheriff of the said County to all and singular my Bayliffs within the said County and to their Deputies greeting By vertue of a Writ of Justicies of Oliver Lord Protector c. to me directed I command you and every one of you joyntly and severally that you or some of you do Justice to I. C. so that he be and appear at my next County Court to be holden at the Castle of Y. on Munday c. to answer unto E. L. in an Action of debt and that you or some of you certifie your doings herein Sealed with the Seal of my office the two and twentieth day of August in the year of our Lord 1657. By the Sheriff A Replevin IF any goods be taken wrongfully as before I have more at large declared then the party grieved may have a Replevin which must be made after this manner Yo. ss G. M. Esq Sheriff c. to all and every my Bayliffs c. greeting Because G. A. hath comed before me and given sufficient security to prosecute his Suit and make return of his goods if return thereof shall be adjudged Therefore by vertue of my Office I command you and every of you that you or some of you Replevie deliver to the aforesaid G. A. two kine which H. H. hath taken and unjustly detained against the said G. A. and his Pledges and also that you summon and take safe Pledges of the said H. H. so that he be and appear at the Castle of Y. at the next County Court there to be holden upon Munday c. to answer the aforesaid G. A. in an Action for the taking and unjust detaining of his said goods and that you or some of you then and there make return of your doings together with this Precept Given under the Seal of my Office c. And if the Cattell be not delivered by vertue of the said Replevin then the Plaintiff may have an Alias Replevin with these words vel causam mihi signifie with which Replevin must be made after this manner Yo. ss Alias Replevin G. M. Esq c. to all and singular my Bayliffs c. greeting Because G. A. hath comed before me and given sufficient security to prosecute his Suit and make return of his goods if return thereof shall be adjudged Therefore by vertue of my Office I command you and every of you as formerly I have commanded you that you or some of you Replevie and deliver to the said G. A. two Kine without delay you cause to be replevied or the cause to me you signifie wherefore my Mandates to you therefore directed execute you would not or might not which H. H. hath taken and unjustly detained c. as before in the other Replevin And if the Cattell be not delivered upon this Replevin nor shew sufficient cause why he did not then the Party may have a Plures Replevin vel causam mihi signific which must be made verbatim as the Alias Replevin was made and if return be made upon any of these Replevins quod averia elongat sunt ad loca sibi ignot ita quod averia ill ' praef G. A. non potuit deliberar then the Plaintiff may have a Withernam which must be made in this manner Yo. ss Withernam G. M. Esq c. to all c. greeting Because G. A. hath com'd before me c. as in the former I command you and every of you as diverse times I have commanded you that you or some of you replevie and deliver to the said G. A. two Kine which H. H. hath taken and unjustly detained and doth unjustly detain as it is said and that you upon diverse of my Precepts for Replevie to be made to you directed we have certified that the same two Kine elongated are to places unknown so that view of the same have you could not therefore I charge and also command that you take in Withernam Chattells to the value of the said two Kine of the Chattels of the said H. H. to be delivered to the said G. A. for the two Kine aforesaid elongated and also that you summon and take safe Pledges of the said H. H. so that he be and appear c. as before in the Replevin Yo. ss Alias capias in Withernam G. M. Esq c. to all c. greeting Because you have at my County Court held at the Castle of Y. on Munday c. the year c. to me returned that by vertue of my Warrant to you many times directed you came to the Pound of H. H. to the place where the
chattels which late were W. W. deceased at the time of his death and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of as well a certain debt of 40 l. which T. L. in my County Court by vertue of a Writ of Justicies recovered against him as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages which he sustained by reason of the detaining of the said debt If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hand which were the said W. W. at the time of his death sufficient to satisfie the debt and damages aforesaid If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid That then you or some of you levy of the proper goods and chattels of the said I. W. the damages and costs aforesaid so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render to the said T. L. the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office the c. I. B. Esq c. to all and singular my Bayliffs c. greeting I command you and every of you that of the goods and chattels of T. O. you levy 20 s. which S. D. in the County Court according to a Statute provided in that case were adjudged for his costs and damages which he sustained in his own defence in a certain Plea of debt which the said S. D. against the said T O. of late brought because the said T. O. did not prosecute his Suit but was thereupon non-suited and convicted so that I may have the mony at my next County Court at the Castle of Y. holden on Munday c. next to satisfie the aforesaid S. D. of his costs and damages aforesaid And this c. Given under the Seal of my Office the c. I. B. Esq c. to all c. greeting I command you that of the goods and chattels of T. C. you levy 40 s. which to P. P. in my County Court were adjudged for his damages which he sustained in his own defence in a Plea of debt by the said W. against him the said P. P. lately brought whereof the said P. P. was quieted and by Verdict of his Country whereof the said T. C. was convict have you the mony at my next County Court to be holden at the Castle of Y. on Munday c. to satisfie the said P. P. of his damages aforesaid And this c. given under the seal of my office c. I. B. Esq c. to all c. greeting I command you and every of you joyntly and severally that of the goods and chattels which late were of E. S. Esq who dyed intestate as it is said and now in the hands of R. M. Gent. and A. his wife Administratrix of the goods and chattels which were the said E. S. at the time of his death remaining to be administred you cause to be made as well a certain debt of 4 l. which I. W. hath recovered against the said E. S. in my County Court as 30 s. which to him the said I. W. in my same Court were adjudged for his costs and damages which he had by occasion of detaining of the same debt by vertue of a Writ of Justices so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render the aforesaid I. W. of the debt and damages aforesaid whereof the aforesaid E. S. was convict And whereupon it was considered in my same Court that the aforesaid I. W. should have Execution against the aforesaid R. M. c. of the debt and damages aforesaid of the goods and chattels aforesaid by his the said R. M. his default And this given under the seal of my office the c. I. B. Esq c. to all singular my Bayliffs c. greeting I command you and every one of you joyntly and severally especiall to F. P. Bayliff of the Liberty of S. and his Deputies who hath the goods taken upon an Execution issuing out of this Court that those twenty weather Sheep of which each you cause to be apprised at eight shillings of the goods of I. C. Esq which you took and remain in your hands unsold for want of buyers as you your self returned to my Court you expose to sale and the mony thereof which in the whole amounts to eight pounds you have at my next County Court at the Castle of Y. holden on Munday the tenth day of May next to render to W. G. which to him the said W. G. in my Court were adjudged for his damages which he had by occasion of a certain Trespasse to him committed by the aforesaid I. C brought whereof he is convict And this given under the Seal of my Office the 18 day of October in the year of our Lord 1657. By the Sheriff Of a Scire Facias IF a Fieri facias do not issue out within a year and a day after Judgment entered it cannot be had till there be a Scire facias first sued out to summon the Defendant to shew cause why Execution should not be done and if now he neglect to answer or cannot be found to be summoned then a second Judgment shall be given that that Execution be done of the first Judgment If Judgment be given against a Testator albeit it be within a year after Judgment had yet there must first issue out a Scire facias against the Executor or Administrator before Execution to shew cause why it should not be had Or if a man recover against a Feme-sole and she become covert viz. take a Husband within the year and the day then he that shall recover must have a Scire facias against the Husband Scire facias post diem annum I. B. Esq Sheriff c. greeting Whereas W. F. of late in the Court of the aforesaid County by Judgment in the said Court of the County aforesaid held at the Castle of X on Munday the tenth day of February 1654. before the Suitors of the said Court recovered against G. L. as well a certain debt of thirty two shillings which the said W. F. in the same Court recovered against him as thirteen shillings and ten pence which to the said W. F. in the same Court were adjudged for his damages which he sustained by the occasion of the detaining of the debt of which he is convicted for as by the proceedings from thence in the same Court residing notwithstanding the manifest Execution of the aforesaid Judgment remains to be done as by
insinuation the aforesaid W. F. hath recovered And because that I will that those things which were in the said Court be rightly done to demand due of the said Iudgment Therefore I command you that by honest and lawfull men of my Bayliwick you give notice to the aforesaid G. L. that he be at the Castle of Y. at my next County Court there to be holden upon Munday the third day of May next to shew if he have any thing to say or no why the said W. F. ought not to have his Levy or Execution against him according to the force form and effect of the said Recovery if it seem expedient to him and have you then and there the names of them by whom you give him notice and have this Precept c. Given under the Seal of my Office the fourth day of Aprill in the year of our Lord 1656. Scire facias against an Executor after Judgment against the Testator I. B. Esq Sheriff c. greeting Whereas N. N. late in the County Court of the said County held at the Castle of Y. on Munday c. before the then Sheriff of the said County by Iudgment of the said Court had recovered against H. N. as well a debt of forty pounds as two and twenty shillings and two pence costs for his damages which he sustained by reason of the detaining of the said debt whereof he is convict as appears by the Proceedings remaining in the said Court And whereas the Execution of the Judgment yet remaineth to be done and the said H. N. since the giving of the Judgment aforesaid is dead as by the intimation of the said N. N. I am informed And because I am willing that those things which are rightly done in the said Court should be duly put in Execution I command you that by honest and lawfull men of the said County you make it known to F. N. Executrix of the Testament of the said H. N. that she be at the next County Court to be holden for the said County at the Castle of Y. on Munday c. to shew if she have any thing or know what to say why the said N. N. ought not to have his Execution against her of the debt and damages aforesaid to be levied of the Goods and Chattels which were of the said H. N. at the time of his death and further to do and recieve c. Given under the Seal of my Office c. Scire facias after marriage I B. Esq Sheriff c. greeting Whereas A. B. late in my County Court held at the Castle c. before the Suitors of the said Court had recovered against C. D. as well a certain debt of forty pounds as forty shillings which to the said A. B. in the said Court were adjudged for the costs and damages which she had by occasion of the detaining of the debt whereof he is convicted as by the Proceedings thereof in the same Court before the said Suitors remaining manifestly appeareth Neverthelesse Execution of the said Judgment remaineth yet undone And the said A. B. since the Judgment aforesaid given hath taken to Husband T. R. as by the allegation of the said A. B. I am given to understand and because I will that those things which are rightly acted in my said Court be duly put in Execution I command you that by honest and lawfull men of your Bailiwick you give notice and make known to the said C. D. that he be at my next County Court holden at c. to shew that if he hath or knoweth any thing to say or no for himself wherefore the said T. R. should not have execution of the said judgement of the debt and damages aforesaid according to the form and effect of the recovery aforesaid if to him it shall seem expedient and have you there the names of them by whom you give him notice and make known to him and have this precept c. Given under the seal of my Office the 4. day of Iune in the year of our Lord 1658. Venire facias Jurator I. B. Esquire Sheriff of the County aforesaid to the Bayliff of the hundred of O or his Deputy greeting I command you and every of you that you cause to come before me or my lawfull Steward by me appointed for the County Court to be holden at the Castle of Y. on Monday the c All those severall persons mentioned in the pannel hereunto annexed to trie such several issues between party and party as shall then and there be given them in charge And hereof you must not fail as each of you will answer the contrary at your perils together with this precept Given under the seal of my Office c. Or thus I. B. Esquire c. These are to require you the said Bailiff to cause to come twelve good and lawfull men of your Bailiwick that they be and appear at the next County Court holden at the castle of Y. on Monday c. by 9 of the clock in the forenoon to trie an issue joined between A. B. plaintiff and C. D. desendant concerning a plea of debt or as the case is And this given under the seal of my Office c. And if a full Iury do not appear then as many as make default shall be amerced and a Decem tales awarded to summon ten more as followeth and the same day given to the first Iury. Decem tales I. B. Esq c. These are to require you the said Bayliss to cause to come ten more good and lawfull men of your Bayliwick that they be here at the next County Court holden at the Castle of Y. on Munday c. with others which to them shall be adjoyned to try a certain Issue joyned between A. B. Plaintiff and C. D. Defendant of a Plea of Debt c. And as many of these as make default shall be amerced and then an Octo tales shall be awarded and if necessity require it afterwards a Sex tales Subpoena or a Warrant to summon Witnesses I. B. Esq Sheriff of the County aforesaid to I. B. I. G. c. greeting To you and every of you I command that all excuses and delayes being set apart you and every of you be and personally appear at the next County Court holden at the Castle of Y. on Munday the 10. day of Iune next to testifie the truth according to your knowledge in a certain Action there depending between A. B. Plaintiff and C. D. Defendant on the part and behalf of the Plaintiff in an Action of debt And hereof fail you not under the forseiture of one hundred pounds each of you And this given under the Seal of my Office the c. A Liberate to deliver goods taken upon Originall or mean Processe I. B. Esq Sheriff of the County aforesaid To all and singular my Bayliffs within the said County and their Deputies especially to A. B. greeting For as much
Scire facias 00-02-00 Tolt 00-01-02 Precept upon an accedas ad curiam 00-02-04 Supersedeas 00-02-04 Procedendo 00-02-00 Warrant of Attorney upon every Distringas 00-00-02 Warrant of Attorney upon a Iusticies 00-00-04 Entring Essoynes for every name 00-00-04 Entring Imparlance 00-01-00 Copying the Declaration 00-01-00 Allowing the answer 00-01-00 Copying the answer 00-01-00 Allowing the Replication 00-01-00 And for copying the Replication and allowing the Rejoynder c. and so of the rest 00-02-00 Entring a Rule 00-00-04 Entring a Default by Nihil dicit 00-00-04 Entring a Non-suit 00-00-04 Dividing a Plaint for every name 00-00-04 Entring Judgment 00-02-00 Transcript upon a Plaint 00-01-08 Transcript upon a Writ of Iusticies 00-03-04 Allowing a Recordare 00-04-00 Allowing a Pone 00-04-10 Allowing a Writ of False Iudgment 00-06-08 Fees to the Attorney FOr drawing every Declaration 00-01-00 Drawing every answer 00-01-00 Drawing the Replication 00-01-00 Drawing Rejoynder 00-01-00 Drawing Sur-rejoynder 00-01-00 For every Court day wherein he proceeds in the Action allowed as his Fee 00-02-00 Fees to the Bayliff for executing of Processe FOr executing a Distringas of the Plaintiff 00-00-04 and of the Defendant 00 00-08 A Duces tecum of the Plaintiff 00 00-04 And of the Defendant 00-00-08 A Iusticies of the Plaintiff 00-01-00 and of the Defendant 00-02-00 A Replevin of the Plaintiff 00-02-00 A Venire facias 00-02-00 If tried for the Habeas corpora 00-02-00 A Fieri facias 00-02-00 A Scire facias 00-02-00 The Order of the Judges of Assize at York the 24. day of July 1654. concerning Essoins illegally returned into this Court. WHereas of late Judgements have been surreptitiously obtained in this Court by reason of Essoins unduly brought into the Court by Bailiffs or their Deputies and others after attachment of goods for appearance which pretended Essoins being afterwards disavowed by the defendant have occasioned sundry complaints and suits when the defendants goods were taken in execution for preventing whereof it is ordered upon advice and consultation had with the Judges of Assize at Y this day that henceforth no common Essoin shal be entred and allowed by the Court to save a default unlesse it be warranted in writing under the proper hand-writing or under the hand seal or mark of the defendant thereby specially authorizing the party being the Essoiner to cast such Essoin for him and in his name for the truth of which subscription or sealing the same Essoin is to be sworn in open Court and no Essoin is to be admitted or received from henceforth being not affirmed and sworn unto and so entred upon the back of the warrant of attachment which is to remain upon the file amongst the Rolls or proceedings of the Courr and if any other person not being a Bailiff shall be the Essoiner he is to bring the like warrant from the Defendant in writing as is aforesaid and be sworn for the truth thereof which is to remain in Court as aforesaid And no jugdement shall be given where there is no other appearance but an essoin Unlesse the Essoin shall appear to be warranted as aforesaid To swear to warrant Essoyns in this Court is contrary to the Statute of Marlbridge cap. 19. which saith De essoniis autem provisum est quod in Com. c. nullus habeat necesse jurare pro Essonio suo warrantizand Of the nature and Return of those Writs that do remove actions out of this Court into superiour Courts WRits removing suits out of this Court may be without shewing cause in the writ if the remove be by the Plaintiff but not without shewing good cause if it be by the Defendant As that the suit is for Charters of land or for inheritance or for freehold of Land or any titles of Land or actions touching life or actions to cause one to render an accompt or trespass vi armis all which are not within the cognizance of the Court. Or that he before whom the action depends is a favourer of him that is on the other side or that the Defendant avoweth for damage feasant and the Plaintiff doth justifie for common of pasture which is a plea touching Freehold and thrrefore the prosecution in this Court ceaseth First of a Recordare facias loquelam A Recordare is a writ issuing out of the Chancery directed to the Sheriff commanding him to send a plaint that is before him in his County Court without writ of Iusticies into the Court of Vpper Bench or Common Pleas to the end that the cause may be there determined And the Shiriff is hereupon to summon the other party to be in that Court into which the Plaint is to be sent at a day certain And of all this he is to make a certificate under his own Seal and the Seals of four Suitors of the same Court By vertue of this Writ to me directed at my County of Y. held at the Castle of Y. within written such a day and year to be Recorded I caused the Plea of which within is made mention which appears in a Schedule to this Writ annexed and that Record I have before the Iustices within written at the day and place within contained under my Seal and the Seals of W. H. E. R. c. four good and legall Knights of the same County of them who at the Record present were and to the parties within written that day I have prefixed that then they be there in that Plea as just it may be to prosecute as within to me is commanded The residue of the Execution of this Writ appears in a certain Schedule to this Writ annexed At my County Court held at the Castle of Y. in the County aforesaid such day and year before I. R. M. L. I. S. and S. D. four Suitors of the said Court amongst other matters is contained R. S. complaineth against B. W. of a Plea of debt or as the case requires I. B. Esq Sheriff pledg of prosec I. S. I. D. In testimony of c. By vertue of this Writ to be recorded I have caused the Plea which is in my County without Writ of Oliver Lord Protector c. betwixt A. B. and C. D. concerning the Beasts of him the said A. B. taken and unjustly detained as it is said and that Record I have before the Justices within written at the day and place within contained under my seal and the seals of E. B. S. D. R. B and I. L. four legall Knights of my County of those who at the Record present were as it appeareth in a certain Schedule to this Writ annexed according to the Exigency of this Writ At my County held c as before By vertue of this Writ in form within written I came to the Court within written and in that full Court to be recorded caused the plea within written and that Record as it appeareth in a Schedule to this Writ annexed I have before the Justices within written at
the day and place within contained and to the parties within written that day have prefixed that then they be there in that Plea as just it may be to proceed as within to me is commanded A. B. complaines of C. D. in a Plea of taking of the Beasts of him the said A. B. in testimony of which matter E. B. S. D. I. W. and I. R. four legall men of those who at the Record present were in full Court at the Castle of Y. in the County aforesaid the tenth day of Aug in the year c. to the same Record their Seals severally have put the day and year abovesaid Note that though the Plea be discontinued in the County yet the Plaintiff or Defendant may remove the Plaint into the Common Pleas or Upper Bench by a Recordare c. and it shall be good and he shall declare upon the same And the Court shall hold Plea upon the fame Plaint for if the Plaint be continued in the County and issue joyned upon it yet nothing shall be removed but only the Plaint and in the Common Pleas the Plaintiff may declare anew c. Likewise if the Recordare bear date before the Plaint was entred in the County it is good enough and the Record is well removed The nature of a Pone A Pone doth nothing differ from a Recordare but that a Pone is allwayes to remove such Suits as are before the Sheriff by Writ of Iusticies and not by Plaint onely but the Recordare is to remove the Suit that is by Plaint onely without Writ F. N. B. 70. 11. By vertue of this Writ to me directed I have put before the Justices c. of the Common Bench at Westminster the Plea which is in my County by Writ of his Highness the Lord Protector of Iusticies betwixt A. B. and C. D. of a Plea of debt as it is said as it appeareth in a certain Schedule to this Writ annexed c. At my County Court held at the Castle of Y. in the County aforesaid upon Munday the twelfth day of August in the year of our Lord 1658. c. A. B. complaineth of C. D. of a Plea of debt in testimony of which matter R. L. S. R. T. O. and S. D. four legall men of those who at the Record present were in full Court their seals severally have put the day and year abovesaid A. B. complaineth of C. D. of a plea of debt 20 l. That if a plea be removed by Pone at the suit of the Defendant or Plaintiff and afterwards they proceed in this Court in the plea and give judgement and award execution c. then the Defendant or he against whom the judgement was given and execution awarded shall have an attachment against the Sheriff directed to the Coroner to answer as well his Highness the Lord Protector for the contempt as the party his damages c. Of the Writ of Prohibition THe Writ of Prohibition is of the same nature of a Recordare and a Pone but not in use Of the Consultation or Procedendo THese two Writs are both of one nature though the Writ of Consultation be obsolete and the writ of Procedendo stept up into its place it lieth where a cause hath been formerly removed by Pone or Recordare from this Court into the Vpper Bench or Common Pleas and for want of sufficient cause of removeall is sent back again Fitz. old Natura brevium 50. The nature of a Writ of False Judgement A Writ of salfe Iudgement lieth where an erroneous Judgement is given in this Court being no Court of Record then the party grieved by the Judgment may have this Writ and remove all processe of the suit into the Common Bench and there it shall be examined if it be found erroneous the Judgement shall be reversed and the suiters of the Court who gave the Judgement amerced Note that a Writ of false Judgement lieth not but in a Court where there are Suitors for if there be no Suitors there the Record cannot be certified by them F. N. B. 43. H. By vertue of this Writ to me directed to be Recorded I have caused the Plea which is in my County together with the proceedings and the Judgement betwixt the parties beneath and to the same parties day have prefixed to be before the Justices within written at the day place within contained as the Writ exacts and requires which plea with the proceedings and judgment appeareth in a certain Schedule to this Writ annexed A Plaint by Writ in the County Court holden at the Castle of Y. in the County aforesaid on Monday the 23. day of August the year c. before the Suitors of the same Court in the time of I. B. Esquire Sheriff of the County aforesaid according to the Customs and Priviledges of the same Court time whereof the memory of man is not to the contrary have been used and approved in the same At this Court came A. B. in his proper person and brought here into Court a Writ of his Highnesse the Lord Protector of Iusticies which said Writ follows in these words O LIVER Lord Protector of c. To the Sheriff of Y. greeting A. B. hath complained to us that C. D. upon him the said A. B. at the Castle of Y. hath made an assault and hath beaten wounded and evil intreated him so that of his life it was despaired and hath done him other wrongs to the great damage and grievance of the said A. B. and therefore we command you that you hear the said plaint and after cause them to be therefore brought to justice for the same that we hear no more complaint therein for want of justice Witnesse our selves at Westminster the 10. day of August in the year of our Lord 1656. And thereupon found Pledges to prosecute the said plaint that is to say Io. Doo and Ric. Roo And thereupon the said A. B. put in his place S. D his Attorney in the plaint aforesaid and by his said Attorney required processe to be made to him upon the same And it was commanded by the said I. B. Esquire Sheriff of the said County to all and singular his Bailiffs jointly and severally and their Deputies that they or some of them should do justice to the said C. D. so that he should be and appear at the next County Court to be holden at the Castle of Y. on Monday the 20. day of September then next in the year aforesaid to answer the said A. B. in the plaint aforesaid At which day came the said A. B. by his Attorney aforesaid and offered himselfe against the said C. D. in the plaint aforesaid and then and there came I. P. one of the Bailiffs in the County aforesaid of the said I. B. Sheriff of the said County and returned the said precept so directed as aforesaid served and executed on him and the said C.
P. for the honour of P. the 12. day of June in the year of our Lord 1656. before I. H. T. H. I. G. and R. H. suicors of the said Court R. S. complains against I. N. of a plea of Trespasse upon the case to the damage of 30 s. By vertue of this Writ to me directed at the Court aforesaid holden the day and year abovesaid in full Court there to be recorded I have caused the plaint of which within is made mention which plaint doth appear above written and that Record I have returned sealed with my seal and the seals of the aforenamed four lawful men being in the said Court present at the said Record And to the parties within written I have prefixed the day in the Writ specified that then they be ready to proceed as just it may be in the said plaint as within to me is commanded W. O. Steward I. H. T. H. I. G. R. H. Suitors By vertue of this Writ to me directed in form within written I came to the Court within written and in that full Court to be recorded I caused the plea within written and the Record as it appeareth in a Schedule to this Writ annexed I have before the Justices at the day and place within contained under my seal and the seals of T. R. A. B. C. D. and E. F. four legal men of my Shire of those who at the Record present were and to the parties c. Or thus if the Record be not returned By vertue of this Writ to me directed and in my proper person having taken with me R. S. c. good and lawfull Knights of my County I came to the Court Baron of G. S. I. K. c. holden at P. for the Honour of P. to Record the Plea within written at the day and place within contained as within to me is commanded whereupon the Suitors of the Court aforesaid at P. aforesaid in full Court me the within written Sheriff the said Writ there to execute or as to the said plea in any manner to intermit altogether denied for which execution of the Writ aforesaid make I could not c. It is a good return for the Sheriff to say that after the receipt of the Writ and before the return thereof that no Court was holden and that also he required the Lord to hold his Court and he would not so as he could not execute the same The Return of a Writ for the Election of a Coroner after the death of another AT my County Court held such a day and year in full County aforesaid by vertue of this Writ of the assent of the same County in the place of R. O. within named who deceased is I have chosen a Coroner viz. I. M. who as the manner is hath taken his oath corporal that he will do and keep those things which to the office of a Coroner in the County aforesaid belong to be done as within c. The Return of the Writ of Exigent BY vertue of this writ to me directed at my County held at the Castle of Y. in the County of Y. within written on Monday c. the year c. within written I. C. and the rest of the Defendants within named if there be above two in the writ first were exacted and appeared not at my County of Y. there holden on Monday c. the year aforesaid the foresaid I. C. and the rest of the Defendants within named the second time were exacted and appeared not at my County of Y. there holden on Monday c. in the year aforesaid the said I. C. and the rest of the Defendants within named the third time were exacted and appeared not at my County of Y. there held on Monday c. in the year aforesaid the aforesaid I. C. and the rest of the Defendants within named the fourth time were exacted and appeared not At my County of Y. there held on Monday c. in the year aforesaid the aforesaid I. C. and the rest of the Defendants within named the fifth time were exacted and appeared not And therefore I. C. and the rest of the Defendants within named by Judgement of I W. and W. R. Gent. Coroners of the Common-wealth of the County aforesaid according to the Law and Custom of the Common-wealth of England outlawed are and every of them is outlawed I. B. Esquire Sheriff By vertue of this writ to me directed at my County held at Y. in the County of Y. within written on Monday c. in the year within written the said I. R. within named first exacted was and appeared not this Writ so above indorsed to be delivered was by I. B. Esquire late Sheriff of the County within written my next Predecessor in his going out from his office as above upon the back of this writ And at my County c. as before Or thus This Writ so above indorsed together with the Writ of Oliver Lord Protector of c. of Supersedeas to it annexed to me delivered was by I. B. Esquire late Sheriff of the aforesaid County my next Predecessor c. If it be against a woman she cannot be said to be outlawed for the reasons I shewed before but waved so that the latter part of the return must be thus viz. Therefore according to law and custom aforesaid B. D. waved is By vertue c. at my County held on Monday c. the said year c. within written the aforesaid I. C. the fifth time exacted was and appeared not and for defect of N. B. and R C Coroners of the County aforesaid further thereupon to prosecute I could not By vertue c. and at my County c. and that there were not more Counties in the County aforesaid held from the day of the receipt of this writ to the day of the rerurn of the same wherefore nothing done is at present Or thus And therefore in the Execution of this Writ further to be done nothing acted is By vertue c. of my County aforesaid held on Monday c. in the year c. within written the aforesaid C. D. the fourth time exacted was and appeared and brought forth to me the Writ of his Highnesse the Lord Protector of the Commonwealth of c. of Supersedeas which to this Writ annexed is wherefore the execution of this Writ further to be done I have superseded altogether Or thus As in the foresaid Writ of his Highnesse the Lord Protector of c. of Supersedeas to me is commanded Or thus As to exact take outlawed or at all molest the within named I. R. by vertue of this Writ to the Justices c. within written at the day and place within contained I certifie that by vertue of a certain other Writ of his Highnesse c. to me directed to this annexed I have superseded altogether as by that Writ to me is commanded By vertue c. at my
answer for the same A. B. and C. C. his Clyents to the same E. F. in the said Plaint And the said Attorny for his said Clyents saith nothing in Bar as in others by which the said E. F. his damages against the said A. B. C. D. by occasion of the taking and unjust detaining of his Cattle aforesaid ought to recover but because it is unknown to the Court here what damages the said E. F. sustained by occasion of the premisses It is commanded to the said I. S. then Bayliff of the Wapentake of W. aforesaid one of the Ministers of the County Court aforesaid that he cause to come before the said Sheriffe at the next county Court of the County aforesaid to wit the 15th day of May in the yeare abovesaid at the Castle of Y. aforesaid then next following to be held twelve honest and lawfull men of the neighbourhood of S. to be suspected by neither party to enquire upon their Oath what damages the said E. F. sustained aswell by the occasion of the taking and unjust detaining of the cattle aforesaid as for his costs and charges by him about his suit in this behalf laid out and the same day was given to the said E. F. here c. At which said next County Court the same 15. day of May in the yeare abovesaid before the same Sheriff of the County aforesaid held came the said E. F. by his Attorney aforesaid And the same I. S. Bayliffe of the Wapentake aforesaid sent not his precept thereof Therefore as before it is commanded to the said I. S. Bayliff c. that he cause to come here at the next County Court before the same Sheriff of the County aforesaid to wit the 12 day of A. in the yeare abovesaid at the castle of Y. aforesaid to be held the 12th c. to enquire c to inform aforesaid c. At which day to wit the 12th day of April aforesaid before the same Sheriffe of the County aforesaid came the same E. F. by his Attorney aforesaid And the said I. S. Bayliffe c. and one of the Ministers of the same Court returned before the same Sheriffe the said precept de venire fac in all things served and executed And thereupon the Jury being thereof impannelled and called came and to enquire in forme as aforesaid sworn and charged say upon their oath that the said E. F. sustained damages by reason of the taking and unjust detaining of the Cattle aforesaid besides his costs and charges by him about his suit in this behalfe laid out 30 s. and for these costs and charges to 12 d. Therefore it is considered by the Court here that the said E. F. recover against the said A. B. and C. D. his said damages by the Jury aforesaid in form aforesaid assessed and also 26 s. to the same E. F. by the Court here for his said costs charges of his assent of increase adjudged which said damages in the whole amount unto 57 s And the same A. B. and C. D. in mercy c. Whereupon it was commanded to the same I. S. Bayliff of the Wapentake of W. aforesaid that of the goods and Chattels of the same A. B. and C. D. in his Bayliwick he should levy the damages aforesaid and that he have the money before the said Sheriffe at the next County Court at the castle of Y. to be held to wit the tenth day of March in the yeare abovesaid to render to the said E. F. for his damages aforesaid Whereupon the same E. F. prayeth that the said A. B. and C. D. would assigne and declare to the Court herein what or wherein false judgement is made to him in the said Plaint if any thing can be found proved or made appear c. And hereupon the same A. B. and C. D. say that the said Record is vitious and very much defective in this to wit that by the same Record it appeareth that the same cattle were taken the 15. day of January in the yeare abovesaid and that the complaint thereupon was levyed at the County Court of the Sheriff the 19th day of December in the yeare abovesaid so that the complaint was levied before the taking of the cattle afore made c. Also in this that by the Record it appeareth that the County Court aforesaid was held before the said Sheriffe of the County aforesaid whereas the same Court ought to be held before the same Sheriffe and suitors of the same Court so that the same Plaint was levied Coram non judice And the processe thereupon adjudged without any warrant in Law And so the same A. B. and C. D. say that in the County aforesaid false judgement was done to them in the said Plaint And pray that the said judgement for those errours and others in the same record and proceedings being may be revoked adnulled and altogether taken for nothing And that they unto all things which they by occasion of the judgement aforesaid have lost may be restored c. It was commanded the Sheriffe that if A. B. should secure the same Sheriffe to prosecute his complaint that then taking with him four discreet and lawfull Knights of the County aforesaid in his proper person he come to the Court of the Honour of P. and in full Court cause to be recorded that Plaint which was in the same Court of his Highnesse the Lord Protector between C. D. and the same A. B. in a certain Action upon the Case to the same C. D. by the same A. B. done as it is said Whereupon the same A. B. complaineth false judgement to be made to him in the said Court and that he should have here the Record at this day to wit Octab. Hill under his seal and by four lawfull men of the same County of those who shall be present at the Record and that he summon by good summoners the said C. D. that he should be here to hear that Record And that he have then here the names of the foure Knights and that Writ c. And now here at this day to wit Octab. Hill came as well the same A. B. by S. D. his Attorney as the same C. D. by P. P. his Attorney And the Sheriffe to wit G. M. Esq now returneth that the same A. B. found to the same Sheriff pledges to prosecute Io. Doo Ric. Roo And that the same C. D. was summoned to be here at this day by Io Den and Ric. Fen and that he by vertue of the same Writ to him directed took along with him I. S. W. P. I. H. and W. VV. four discreet and lawfull Knights of the County aforesaid and in his proper person came to the said Court held at P. in the County aforesaid the 15th day of October in the yeare of our Lord 1657. and in full Court made to be recorded the said Plaint whereof in the same Writ mention is made which said Record here at
this day he hath ready under his seale and the seales of the said four lawfull men who were present at the Record as by the same Writ to him it was commanded to answer to the said C. D. in the same plea whereupon the same A. B at the same Court put in his place S. D his Attorney in the same plea. And the same C. D. at the same Court by his Attorney aforesaid complained against the same A. B. for that to wit that whereas the same C. D. the last day of Dec. in the year aforesaid at W. aforesaid and within the jurisdiction of the Court aforesaid was possessed of one piece of woollen cloath containing eleven ells price 34 s. as of his proper goods and chattels And being so thereof possessed the same piece of cloath out of his hands and possession casually lost which said piece of cloath afterwards to wit the 12th day of February then next following into the hands and possession of the said Defendant by finding came Notwithstanding the said Defendant knowing the said piece of cloath to be the proper piece of cloath of the said Plaintiff and to him of right to belong and appertain and minding and intending the same Plaintiffe of the same piece of cloath craftily and subtilly to deceive and defraud the same piece of cloath although thereof the third day of March in the yeare abovesaid he was requested to the same and hath not delivered but the same piece of cloath afterwards to wit the 18th day of March then next following at VV. aforesaid within the jurisdiction of this Court aforesaid unto his proper use he converted and disposed to the damage of the said Plaintiff of 39 s. And thereof he bringeth suit c. And the said Defendant at the same Court prayeth Licence thereof to imparle untill the next Court and hath it c. The same day is given to the said Plaintiffe then there c. At which day the Court was held within the said Honour of P. the 26th day of May then next following came aswell the said Plaintiff as the said Defendant by their Attorheys aforesaid And the same Defendant prayeth further Imparlance untill the next Court within the said Honour to be held and hath it c. The same day is given to the said Plaintiff then there c. At which said next Court holden within the Honour aforesaid the 26th day of May then next following came as well the same Plaintiff as the same Defendant by their Attorneys aforesaid and hereupon the said Defendant prayeth further imparlance thereunto to speak until the next Court of the Honour aforesaid to be held and hath it c. The same day is given to the said Plaintiff then there c. At which said Court held within the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid And the same Defendant then defended the force and wrong when c. And said that he was in nothing guilty of the premisses above imposed upon him as the said Plaintiff by his said Declaration complained against him and of this he putteth himself upon the Countrey and the said Plaintiff likewise whereupon it was then commanded to the Bailiff of the Honour aforesaid that he cause to come to the Court of the Honour aforesaid to be held by 12 free and lawfull men of the Honour asoresaid to try the issue aforesaid above joyned Day was given to the parties abovesaid then there c. At which said next Court held within the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid and the said Bayliff returned the Pannel with all the Jurors whereof 12 being called came and were sworn and said upon their oath that the said C. D. was possessed of the said piece of cloth in the Declaration aforesaid specified and that the same piece of cloth by finding came to the hands of the said A. B. and that the said Plaintiff requested the same A. B. to deliver to the same Plaintiff the same piece of cloth and that the said Defendant did not deliver the same to the said Plaintiffe And further the said Jury said that the said Defendandant doth yet detain in his hands the same piece of Cloth and if upon the whole matter in form aforesaid found the same Defendant to be guilty of the premisses in the Declaration aforesaid specified or not the Jury aforesaid are altogether ignorant and pray the advice of the Court in the premisses and if upon the whole matter in form aforesaid found it shall seem to the Court that the said Desendant is guilty of the premisses in the Declaration aforesaid specified then the said Jury say upon their oath That the same Defendant is guilty of the premisses in the Declaration afore said specified And then the said Jury do assesse damages by occasion of the premisses besides costs and charges by him about his suit in this behalfe laid out to 20 s. and for those costs and charges to 12 d. and if upon the whole matter in form aforesaid found it seemeth to the Court here that the said Defendant is not guilty of the premisses in the Declaration aforesaid specified then the Iury aforesaid say upon their oath That the said Defendant is not guilty of the premisses in the Declaration aforesaid specified And because the same Court will advise of and upon the premisses before they give Iudgement therein day is given to the parties aforesaid here until the next Court to be held in the said Honour to hear thereof their Iudgment c. At which said Court held in the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid And because the same Court of giving their Iudgment therein are not advised day is given to the parties aforesaid until the next Court to hear thereof their Iudgment c. At which said Court held in the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid whereupon the premisses being seen and by the Court here fully understood it seemed to the Court here that the same Defendant is guilty of the premisses in the Declaration aforesaid specified Therefore it is confidered by the same Court That the same Plaintiff recover against the said Defendant the said 21 s. by the Jury aforesaid in form aforesaid assessed and also 22 s. for his costs and charges by the Court here by his consent of increase adjudged which said damages do in the whole amount unto 53 s. And the said A. B. in mercy c. And hereupon the said C. D. prayeth That the said A B. may shew to the Court here and assign the defects wherein false judgment is made to him in the said plaint in the said Court if any be made Whereupon the
voluntary will make to the said A. the said writing and not by force and hardnesse of imprisonment as the said B. above hath alledged And this he prayeth may be inquired of by the Countrey And the said B. likewise c. The Assault made by the Plaintiff c. ANd c. when c. And as to the Trespasse and Assault aforesaid above supposed to be done the said I. R. saith that the said R. W. his action aforesaid against him ought not to have because he saith that the aforesaid R. VV. the day year c. aforesaid upon him the said I. R. at the Castle c. did make an Assault and him would have beaten wounded and evil intreated by which the said I. R. himselfe against the aforesaid R. VV. did then and there defend And saith that if any evil to the said R. VV. then and there happened was of the proper assault of him the said R. VV. And in defence of him the said I. R. And this he is ready to verifie whereupon he prayeth Judgement if the aforesaid R. VV. his action aforesaid against him ought to have c. Replication ANd the foresaid R. VV saith that he by any thing before alledged from having his action aforesaid ought not to be debarred because he saith that the foresaid I. R. the day yeare c. abovesaid at c. in his Declaration aforesaid above specified of his own proper injury and without such cause by the said R. VV. above alledged upon him the said R. VV. did make an assault and him did beat wound and evil intreat so that of his life he did despair against the peace of the Lord Protector that now is as the said R. VV. above against him hath complained And this he prayeth may be inquired of by the Countrey And the said I. R. likewise Therefore c. The Defendant pleadeth the Plaintiff within age to bring his action and should have brought it by Guardian and not by Attorney ANd c. when c. And sayes that the foresaid I. R. ought not to have his action aforesaid against him because he sayes that the foresaid I. R. the day and year in the Declaration specified to wit the day year c. the day of the issuing forth of the Writ of Justicies of him the said I. R. that is to say the day year c. was within the age of one and twenty years And that the foresaid I. R. declared against him the said P. C. in the Plaint aforesaid by his Attorney whereas by the due form of Law he ought to have declared by his Guardian And this he is ready to aver whereupon he prayes Judgement whether the aforesaid I. R. ought to have his action aforesaid against him c. To a Trespasse in Walking Not guilty and as to the residue of Trespasse tender of amends ANd c. when c. and saith that as to the breaking of the close aforesaid as also to the treading down and consuming of the Corn and grasse aforesaid with his seet in walking in the same four acres of land aforesaid of new assigned above supposed to be done saith that he is in no wise thereof guilty c. and of this he putteth himself upon the Countrey and the Plaintiff likewise And as to the residue of the trespasse aforesaid in the same four acres of Land of new assigned above supposed to be done the same A. saith that the same B. his action aforesaid ought not to have because he saith that the residue of the trespass aforesaid in the same four acres of Land of new assigned above supposed to be done was done with the cattle aforesaid by negligence and against the will of the same A. and that the same A. afterwards and before the day of commencing of this action of the same B. to wit the 16 day of May in the year c. at the same parish of R. in the said County of Y. offered to the same B. 20 s. of lawfull money of England for and in satisfaction for the residue of the trespasse aforesaid so as aforesaid done which said 20 s. were sufficient amends for the same residue of the trespasse aforesaid in the same four acres of Land with the appurtenances of new assigned as beforesaid done and that the same B. the said 20 s. as aforesaid offered to receive of the same A. then and there altogether refused and as yet doth refuse and this he is ready to verifie And c. Replication ANd the same B. as to the same plea of the said A. as to the said residue of the trespasse aforesaid in the same four acres of land with the appurtenances of new assigned done saith that he by any thing in the same plea before alledged ought not to be barred from having his action aforesaid against him c. because he protesteth that the aforesaid residue of the trespasse aforesaid in the same four acres of land with the appurtenances of new assigned was not done with the cattel aforesaid by the negligence and against the will of the same A. protesting also that the said 20 s. in satisfaction for the trespasse aforesaid were not offered before the same day of commencing the suit of the said B. as the same A. hath above alledged for plea the same B. saith that the same 20 s. were offered by the same A. to the said B. for a certain trespasse by the same A. with his cattle aforesaid to the same B. in a certain other Close of land with the appurtenances called the S. of the same B. in the Parish of R. aforesaid in the County aforesaid done without that that the same A. offered to the same B. the said 20 s. for and in the satisfaction of the foresaid residue of the trespass aforesaid in the same 4 acres of land of new assigned done as the same A. hath above alledged and this he is ready to verifie whereupon for that the same A. the said residue of the trespass aforesaid in the same four acres of Land with the appurtenances aforesaid of new assigned done above acknowledgeth the same B. prayeth judgment and his damages by occasion of the residue of the trespass aforesaid to him to be adjudged c. Rejoynder ANd the same A. as before saith that he offered to the same B. the said 20 s. for and in satisfaction of the said residue of the trespasse aforesaid in the same four acres of Land with the appurtenances of new assigned done as he hath above alledged And of this he putteth himselfe upon the Countrey and the same B. likewise Therefore c. Misnomer in Baptism pleaded in Abatement of the Writ of Justicies ANd the said A. by Simon Don his Attorney comes and prayes Judgement of the Writ of Justicies aforesaid because he saith that the name of Baptism of the said Agnes in the Writ aforesaid named is Anna and not Agnes as the said B. hath above
extended then it is otherwise and yet Quaere if the debt be forty pounds and nothing extended but a Lease for three yeares at five pounds a yeare or the like for then to that which remaineth the Elegit failes Hobert Rep. fo 58. If a Judgement be obtained against a man who thereupon sells his Land in whose hands soever the Land is it shall be lyable to satisfie that Judgement and to that end shall issue out a Scire Facias against the Terr-tenants If two Writs of Elegit be delivered to the Sheriffe hoth at one time the Sheriffe is to exend the moiety of all the Lands and shall give the moiety to the more ancient debt and then he ought to extend a moity of the other moiety and deliver it to the other for he cannot deliver a moiety of all the lands to one and the other moiety to the other See Attorneys Academy 109. Severall Elegits may issue into severall Counties where the Land lies If a man doth pray to have an Elegit to have the moiety of the Defendants Lands in Execution and the Sheriffe returned that he had no Lands whereupon he prayed a Capias to arrest the party but the Court would not grant it but if the Conusee c. would tarry till Lands did come to the Defendant or goods then c. But now he could not have a Capias nor a Fieri Facias And the causes that the entery in the Roll is that he hath chosen his Execution of the moiety of his Lands the which he must stand to because it is an Execution in the superlative Mich. 30 E. 3. 24. Capias ad Satisfaciendum what it is IT is a Writ by the Statute after Judgement lying where a man recovereth in an Action personall as Debt or Damages or Detinue and he against whom the Debt is recovered and hath no Lands or Tenements nor sufficient goods whereof the debt may be levyed In this case he that recovereth shall have this Writ to the Sheriffe commanding him that he take the body of him against whom the debt is recovered and he shall be imprisoned untill satisfaction be made to the recoverer And the Sheriffe must keepe him in salva et arcta custodia unlesse he intend to pay the debt himselfe For if a Prisoner be taken upon an Execution and shall afterwards let him goe at liberty before the Debt be satisfied c. The Creditor may have either an Action of Debt or an Action upon the Case against the Sheriffe and so recover his debt Fitz. 93. a. c. A man shall not have a Capias ad satisfaciend but where Capias lyeth in the Originall 11 H. 9. 18. vide Co 3. part Sir William Herbets Case 8 H. 6. 9. 22 Ed. 4. 22. Upon this Writ the Sheriffe can take nothing but the body of the Defendant for the Writ is to do no more but to take his body and to detaine him in prison till he hath satisfied the debt Co. 5. 8. When a man is in the custody of the Sheriffe by processe of Law and afterwards another Writ is delivered to him to arrest him who is in his custody presently he is in his custody by force of the second Writ by judgement of Law although he doe not actually arrest him for to what purpose shall he arrest him who is and was before in his custody Et lex non praecipit inutilia quia inutilis labor stultus And the words of the Capias ad satisfac are not onely quod capiat c. but quod salvo custodiat c. Ita quod habcat corpus c. So that although he cannot take him who he hath in his keeping yet he may safely keep him and therewith agreeeth 7 H. 4. 30. If two men be bound joyntly and severally in an Obligation the one is sued condemned and taken in Execution yet the other may not goe scot-free for hee may be likewise sued and taken in Execution untill the Plaintiffe be satisfied of his entire debt Coo. 5. 86. But if the Creditor be satisfied by the first that was in Execution the other may plead this satisfaction and be discharged 29 H. 8. tit Execut. b. 132. A woman recovering damages in a Writ of Dower she cannot have Execution of these damages recovered by a Capias ad satisfaciendum because the Capias was not in the Originall 11 H. 7. fol. 5. 2 H. 7. fol. 7. If a man be condemned in an Action of Debt and the Sheriffe hath him in Execution by a Capias ad satisfac by arresting him although the Sheriff do not return the Writ an Action of false Imprisonment is not to be brought against the Sheriffe for not making return of the Writ for the writ of Capias ad satisfca is not as other Capias that is So that you have his body before c. For in every Capias ad satisfoc the Judgement is given before and it is but to take Execution of the partie in which no answer nor return availeth Pasch 21 H. 7. fo 13. If one be in Execution by his body and the party doth release unto him all actions suits and debts he shall not have an Elegit nor a Capias because the duty is extinct 26 H. 6. Execution 7. Capias pro Fine Capias Vtlegatum Capias ad Valentiam THere are other three Writs of Capias after Judgement viz. 1 Capias pro Fine 2 Capias Vtlegatum 3 Capias ad Valentiam 1. The Capias pro Fine is where one being fined by Judgement unto the Protector upon some offence committed against a Statute doth not discharge it according to the Judgement by this is his body taken and imprisoned till he pay the Fine F. N. B. 76. Coo. 11. 42. 8. 60. If the Plaintiffe sue an Elegit after the Defendant is taken for the Protectors Fine he shall goe at large for such Execution doth discharge the body 7 H 6. 6. and 7. So if he sue by Fieri facias 18 E. 3. Execution 54. Yet upon Nihil returned he may have a Capias c. If the Defendant be taken upon a Capias pro Fine in Trespass and the Plaintiff prays that he may remain in prison for his Execution the Plaintiff not satisfied shall have an Execution afterwards So if one pray an Elegit of Lands and nothing is returned but a Rent he shall have an Elegit of the same 47 E. 3. Execution 41. See F. N. B. 246. Stat. 32 Hen. 8. Cap. 5. 2 Cap. Vtleg is a writ of Exec. after judgment of the Coroner of the county into which the Exigent Promation issued which lyeth against him that is outlawed by the which the Sheriffe upon the receipt thereof apprehendeth the party outlawed for not appearing upon the Exigent and keepeth him in salva custodia viz. in safe custody If a Capias utlegatum issueth
Writ appeareth in a certaine pannel to this VVrit annexed R. S. Esq Sherif The names of the Jurors between A. B. Plaintif and C. D. Defendant of a plea of Trespasse E. F. of G. Gent. H. I. of the same K. L. of M. And so to the number of 24. Every of the said Jurors is severally attached by pledges Io Doo Ric. Roo R. S. Esq Sherif The execution of this writ appeareth in a certaine pannel to this writ annexed R. S. Esq Sherif The names of the Jurors between A B. Plaintif and C D. Defendant of a plea of Trespasse E F of G Gent H I of the same K. L of M And so to the number mentioned in the writ Every of the said Jurors is severally attached by pledges Iohn Doo Rich Roo Issues of every of them 10 s. R. S. Esq Sherif At my County of N. held at L. in the said County of N. the 8th day of Ian in the year of our Lord 1658. the within named A B C D and E F were the first time called and did not appear And at my County Court there held the first day of Feb in the same yeare 1658. they were the second time called and appeared not And at my county Court there held the first day of March in the foresaid year 1658. they were the third time called appeared not And at my county Court there held the 2d day of April in the year of our Lord 1659. they were the fourth time called and appeared not And at my County Court there held the first day of May in the year 1659. abovesaid they were the fith time called and the above named A. B. brought me his Highnesse VVrit of Supersedeas which I have to this writ annexed therefore against him the said A. B. I could no further proceed And the above named C. D. rendred himself into my custody whose body before the Justices within mentioned at the day and place within contained I have ready as within it is commanded And the above named E F. did not appeare therefore by the judgement of J K. L M. Gent. Coroners of the County aforesaid the aforesaid E E. is outlawed R. S. Esq Sherif At my County Court of N. held at L. in the County of N. the 1. day of Feb. in the year of our Lord 1658 And at the general Sessions of the publique peace held at G. the 20 day of Apr. in the aforesaid year the 2 day of April in the yeare of our Lord 1659. And at the most usuall door of the Parish Church of c. within written on Sunday the 10 of April 1659. abovesaid I made publique proclamation as within it is commanded R. S. Esq Sherif There being four County Courts allowed at which the within named A B. C D. E F. were foure times called appeared now Now at my County Court of N. held at L. in the said County of N. the above named A B. C D. E F. were the first time called and appeared not therefore by the judgement of I K and L M Gent. Coronors of the County they are and every of them is outlawed R. S. Esq Sherif This Writ was so lately delivered me that by reason of the shortness of time I could not do due execution thereof according to the Exigence of the same R. S. Esq Sherif The within named A. B. was taken by R. C. Knight and Baronet late Sheriff of my County of N. and not by me now Sheriff of the same County R. S. Esquire Sherif By vertue of this writ to me directed I have before the Justices within mentioned at the day and place within contained the Plaint which is in my County Court by his Highnesse Writ between the within named parties under the seals of A B. C D. E F. and G H. four lawfull men of my said County present at that Record as appeareth in a certain Scedule to this Writ annexed And have given notice to the within named I. K. that he may be then there ready to prosecute his plaint thereof against the within named T. W. And also I have there the other Writ to this Writ and Scedule annexed I. G. Esquire Sherif S. ss At my County Court held at I. in my said County the 11. day of in the year of our Lord 1657. ss I. K. complaineth against T. W. of a plea of Debt I. G. Esquire Sheriff By vertue of this Writ by C D. and F G. honest and lawfull men of my Bailiwick I have given notice to the within named L S. I. L. c. that they be before his Highnesse at the day and place within contained to shew c. Why the within named R R. should not be inlarged out of prison according to the act c. As within it was commanded I. G. Esquire Sherif The within named G. S. hath nothing in my Bailiwick whereby I can give him notice neither is he found in the same neither are there any tenants or tenant of any Lands or Tenements which were of the within named W. on the within written day of the Judgment within given or at any times afterwards in my Bailiwick unto whom I may give notice as this writ doth require I. G. Esquire Sherif Pledges of process Jo. Doo and Ric Roo Sum of the within named A. B. Anth. Sharp and Rich. Sharp And at the most usual Church-door of the Parish of D. where the within named A. B. inhabiteth upon the Lords day to wit the 4. day of Iu. in the year within written immediatly after divine service in the same Church ended I made publick Proclamation according to the form of the Statute c. R. S. Esq Sherif By vertue of this Writ to me directed the 26. day of A. in the year within written I have taken into the hands of his Highness the Lord Protector by the view of H. R. and T. R. honest and lawfull men of my Bailiwick the third part of the Messuage Lands and Tenements within mentioned with the appurtenances As within it is commanded The summoners of the within named A. B. Jo. Den. and Ric. Fen. R. S. Esquire Sherif Pledges of Processe Jo. Doo and Rich Roo The Summoners of the within named A. B. son an heir of A. B. I. W. and E. W. R. S. Esquire Sherif By vertue of this Writ I have caused to be delivered to the said A. B. his possession of his term within specified of the Messuage Lands and Tenements within specified And also have taken the body of the within named C. D whose body before the Justices within written at the day and place within contained I have ready as within it is commanded And where the Defendant is not found then close thus And I further certifie the Justices within specified that the within named C. D. is not found in my Bailiwick R. S. Esquire Sherif By
Law Decies tantum subornation of perjury concealment such as are not outlawed abjured condemned in a Premunire or attaint of Treason felony c. 11 H. 4. cap. 9. Return of Issues HE is to returne good sufficient and reasonable Issues and upon such persons as have sufficient goods and lands according to the Stat. of Westminst 2. cap. 39. E. 3. cap. 5. Of Escapes and what damage doth occur to the Sheriffe by them THe Sheriffe ought to be very cautious in electing a vigilant and honest Gaoler and such a one as is able to give sufficient security for his indempnity and true performance of his office and to answer all escapes for of all the Officers that appertain to the Sherif the Gaoler ought to be most circumspect otherwise many escapes would happen And first to define what an Escape is It is here to be understood where one that is arrested and imprisoned in the common Gaol of the county and cometh to his liberty before that he is delivered by the award of any Justices or by order of Law If the imprisonment of him that escaped were for felony then that shall be felony in him that did voluntarily not otherwise suffer the escape and if for treason then it shall be treason in him and if trespasse then trespasse c. Although the prisoner which escapes be out of the view yet if fresh suit be made and he be reprised in recenti insequtione he shall be in execution otherwise at the turning of a corner or by an entry of an house or by any other such meanes the prisoner may be out of view Co. 3. Rep. Rigweys Case If the Sheriffe doth assent that one who is in execution and under their custody shall goe out of the Goal for a while and then return although that he returne in the time yet this is an escape for the Sheriffe ought to guard him in salva et arcta custodia and the Statute of Westm 2. c. 11. saith quod carceri mancipentur in ferris So that the Sheriff may keep such as are in Execution in yrons and fetters till they have satisfied their Creditors It is adjudged if one be in Execution no commandement although of the Protector himselfe without writ is a sufficient warrant to discharge the Gaoler and so by the same reason shall not discharge the Sheriff Where the Sheriffe dyeth and one in Execution breaketh the Gaole and goeth at large this is no escape for when a Sheriff dyeth all the prisoners are in the custody of the Law untill the election of a new Sheriffe If a woman be Warden of the Fleet and a prisoner in the Fleet marrieth her this shall be judged an escape in the woman and the Law judgeth the prisoner to be at large Plow Comment Plats case If the Sheriff remove his prisoners out of the County without being commanded it is an escape But if he remove them from one place to another in his County as he changes his Gaole it is no escape but if he remove his prisoners for their ease and delight in the same County it is an escape As the case was cited by Harvey Mich. 3. Char. Com. Banc. That the Sheriffe went with his prisoner to a Beare-baiting in the same County and it was adjudged an escape And Hutton Justice said that if a Sheriffe permit his prisoners to go to worke for their benefit it is an escape And the question was if in an Audita Querela for a voluntary escape of one in Execution there should be bayle And the opinion of the Court was That if it appeares that the cause upon which the Audita Querela is grounded is called a good proof by the Record and that he should not be bayled unless good and speciall bayl If a prisoner of his owne wrong escape and flye into another County the Sheriffe or his Officers upon fresh suite may take him againe See Daltons office of Sheriffs If a prisoner in the Gaole attempteth to escape and having broken his yrons striketh the Gaoler coming in the night to his prisoner and the Gaoler slayeth him it is no felony 22 Ass 35. An Action of Debt was brought against a Gaoler for an Escape who said that the Sheriff did not deliver him lawfully to him And it was therefore ruled 13 Edw. 3. Fitz. tit Barr. plac 253. That to be kept in salva arcta custodia 13 E. 3. Fitz tit he shall not take benefit nor any notice whether he was lawfully delivered to him in Execution or not But he being once in his custody he ought to keepe him in arcta salva custodia subpoena salva for the Gaoler and arcta for the party the Plaintiff the party by this being coarcted to pay the debt Mich. 12 Jac. An action upon the Case was brought against the Sheriffe of N. for an escape upon Not guilty pleaded all the speciall matter was found and shewed to the Court which was this That a Capias did issue to the Sheriffe to take one Iohn which was by a wrong name and the Sheriffe returned a Non est Inventus and upon this a Testatum issued out to him and therein named him by his right name Upon this the Sheriffe tooke him and had him in Execution and afterwards suffered him to escape The whole Court agreed that the Sheriffe is answerable for this escape notwithstanding the first Capias was by a wrong name for he was taken and suffered to escape here upon Not guilty pleaded the special matter was found and shewed that the first Capias was by a wrong name yet the Court was cleer of opinion that he being taken and in Execution by his right name though the first Capias was erroneous and not right the Sheriffe shall be chargeable for this escape clearly and so by the rule of the Court judgement was given for the Plaintif I thinke it very pertinent to our subject matter and 't is well worth observation to transcribe Whitings Case against Sir George Reynell Marshall of the Kings Bench in the second part of Crooks Reports fol. 657. and 658. viz. Debt for 202 pounds whereas he recovered against Thomas Abingdon and Mary his Wife in trespasse for damages 202 pounds and the said Mary was committed in Execution to the Defendant upon this Judgement That the Defendant 24 Novemb. 16 lac suffered her to goe at large whither she would his debt not being satisfied per quod actio accrevit The Defendant pleaded That she brake Prison and escaped and freshly followed her and took her again 21 Octob. 17 Iac. in fresh suit and had her in Execution and yet hath her c. VVhereupon the Plaintif demurred And it was now angued that this plea was not good because the escape is alleadged 24 Novemb. 16. Jac. and the Action is brought Pasch 17 Iac. And this reprisall is alleaged a yeare after the escape and after the
Action brought For it was alleaged although a reprisall by fresh suit if it had been before the action brought would peradventure have excused him yet being after the Action brought so as the Plaintif at the time of the Action brought had good cause to have the Action the Reprisall after shall not excuse him and compared it to waste brought for Reparations which is amended pendant the Writ it shall not excuse him So here And in proof thereof were cited Coo. 3. fol. 52. Ridgeleyes case 23 E. 4. 8. 13 Edw. 3. tit Barr. 253. But against this it was argued That this reprisall being alleaged to be by fresh suite and before the plea pleaded is good for the time and he shall take advantage thereof to excuse the Escape For it is upon the matter no escape when shee was re-taken by fresh suit for that is a continuall pursuit and the Law shall adjuge her in prison always And it is not like the case of Waste For there nothing was done after the Waste committed before the Action and the Reparation hath not any relation nor is the continuance of any former Act but this Reprisall hath relation and makes it no escape ab initio As a Distresse taken for Rent and rescued and driven into another Mannor which is pursued and re-taken the party shall make his Avowry of the taking in the first place So here And it would otherwise be a great mischiese if an Escape should be against the wills of Sheriffs or keepers of Prisons by breach of prison or rescuing themselves before they be brought to prison or in their going thither and the prisoners be reprised within two or three dayes That an Action should be brought in the Interim against the Gaoler and that this Reprisall when he hath the prisoner before the plea should not be an excuse especially to the Marshall who hath multitude of prisoners and every day is to bring them unto the Hall by Habeas Corpus or Rules of Court If peradventure a Prisoner escapes and an Action be brought against the Marshall the same day before he can have any time to retake him If he should not be excused by the re-taking hee would be charged with a multitude of suits and could not have any remedy to excuse him And therefore it was compared to the pleading of a Fine levyed before the VVrit of Formedon and Proclamations incurred pendant the VVrit before the plea pleaded he well may take advantage thereof by pleading it although when the Writ was brought it was not compleat nor could be pleaded Vide 6 H. 7. 12. Secondly it was moved admitting this to be no plea yet the Action lyes not here because the Escape is of a Feme Covert where her Baron is subject to the Execution So the Plaintiffe hath not lost his debt for by intendment she might not have payd it if shee had layne in prison For shee had nothing but what was her Husbands and the Execution remaines yet against him Therefore Action of Debt lyes not because he is not totally deprived of his Debt but an Action upon the Case in respect of the damage And therefore it was said If one have Execution of a Statute of the Lands Goods and Body c. and the prisoner escapes Yet because the Lands remaine in Execution debt lyes not for the Escape but an Action upon the Case For at the Common Law an Action of Debt was not maintainable for an Escape but it is given by the Statute of 1 Richard 2. where the Debtor escapes But here the sole and principall Debtor did not escape for the Baron is the Principall and remained subject to the Execution vide 33 H. 6. 47. N. Br. 93. Regist fo 98. 4 H. 6. 6. Wherefore c. But the Court held that it was not any plea because the Action is brought and implyes a voluntary permission ire ad largum which is neither denyed or traversed And if the Sheriffe voluntarily lets a prisoner at large he cannot re-take him And so this Reprisall as is alleaged being after the Action brought is to no purpose nor is any plea. And for the Action of Debt they held that it well enough lyes or an Action upon the Case at his pleasure Because the Feme was onely committed to prison and not the Baron And shee is the sole Debtor who is imprisoned wherefore it was adjudged for the Plaintiff But note in as much as Escapes are so penall to Sheriffes Bayliffs of Liberties and Gaolers the reverend Judges of the Law have alwayes made a favourable construction as much as the Law will permit in favour of the Sheriffes Bayliffs of Liberties and Gaolers who are Officers and Ministers of Justice Co. 3. 44. Of Bayle what it is And where the Sheriffe may take Bayle and where not BAILE or Ballium is a safe keeping or protection and thereupon we say when a man upon surety is delivered out of prison traditur in ballium hee is delivered into bayle viz. Into their safe keeping or protection from prison before that he hath satisfied the Law it hath its originall or derivation from the French word Bailler and that also cometh from the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they both signifie to deliver into hand For he that is bayled is taken out of a Prison and delivered into the hands of his Friends who are his Sureties for his appearance at a certaine day to answer and be justified by the Law Sheriffs Under-sheriffs or other persons making any warrant for the summons arresting or attaching any person to appeare in any Court not having the originall Processe or Writ to warrant it upon examination and proofe thereof before the Judges of Assize or Judges of the Court c. such offender and their procurers shall be committed to the Goale there to remaine without baile untill they have paid amongst them 10 l. to the party grieved and his costs and damages as also 20 l. to the Protector 43 Eliz. c. 6. Such persons as are in Execution upon any Statute or Recognisance or upon judgement given in the Kings Court at the suit of any person they shall not be bailed until they have agreed with the Plaintiff 1 R. 2. c. 12. 23 H. 6. c. 10. F. N. B. 9. 121. a. Persons condemned in any of the Kings Courts and by vertue thereof committed to prison they shall not be bailed untill they have agreed with the Plaintiff 1 R. 2. c. 12. 2 H. 5. cap. 2. F. N. B. 121. a. If the Sheriffe doe let to baile any persons prohibited by the Stat. of Westm 1. cap. 15. to be bailed he shall be punished by the Justices of Goal-delivery according to the forme of the same Statute or the Justices may fine them as for an escape punishable at the Common Law 25 E. 3. 39. The Sheriff might at the Common Law have bailed a suspect of felony
Copy of the warrant upon the writ 00 00 04 For the returning of a Mandavi ballivo 00 00 04 For Writs of executions upon the Judgment upon bils sued in personal actions the debt or damage being under 40 s. 00 01 00 Upon Bils sued above 40 s. in actions personal for the return of every such bil 00 00 04 For every writ of Execution 00 02 00 For executing of every writ of Elegit in personal actions 00 06 08 In all reall or mixt actions sued by Original writ for return of every original writ 00 02 00 And for return of every other writ of Judicial processe depending upon the same before Judgment 00 02 00 And for every-Writ of Execution after Judgment upon every original in action real or mixt 00 02 00 For executing every Habere fac seisinam 00 06 08 For attachments upon Capias or other processe sued by Original or Judicial writ if the return be Cepi corpus 00 02 00 For a Reddidit se upon an Exigent of felony in appeale of murther or maim or upon an indictment of selony or murther 00 02 00 Upon a Reddidit se upon an Exigent of debt trespass detinue and all other actions personals 00 01 00 For the making of a Repleg 00 01 00 and Withernam upon the same 00 01 00 For return of every writ of appeal of murder felony or maim 00 01 00 And upon all Processe growing upon the same as Venire facias Tales Habeas corpora and Distringas 01 01 00 For every prisoner delivered by acquittal or by Proclamation for any manner of felony 00 01 00 For a Replevin 00 02 00 For the returne of a Recordare 00 00 04 For the return of an Accedas ad cur 00 00 00 For the allowance of a Supersedeas after the returne of the Exigent 00 02 00 The sheriffe is to be compounded and agreed with for these For executing of a Writ to enquire of Waste Also for executing a Writ to enquire of damages Likewise for executing a Statute For executing of a writ of Right For serving of a Writ de partition facienda For removing the over-charge of Common of pasture For enquiry upon an Elegit For Writs of forcible entry or holding with force whereupon the party amoved is to be restored to his possession For execution of a Judgement upon a Writ The Vnder-sheriffe of Middlesex useth to take these Fees following in the Court of Common Pleas. FOr a warrant for a Capias upon every name 00 00 04 For the return of a Venire facias 00 02 00 For a warrant upon a Capias utleg 00 00 04 For return of a Habeas corpora juratorum 00 04 00 For summoning the Jury for every name 00 00 04 For return of a Proclamation 00 01 00 For return of a Scire Facias 00 02 00 For return of a Nihil overat and Fieri facias 00 01 00 For executing an Exigent or execution upon body Lands goods and Chattels twelvepence for every twenty shillings where the summ exceeds not one hundred pounds and six pence for every twenty shillings where the summ exceeds one hundred pounds that is to say for every twenty shillings that he or they shall levy or extend and deliver in Execution or take the body in execution Of Sheriffs Accompts with a particular of some usuall Charges or Fees payd by them at the rendring of their Accompts THe Sheriff giveth his Accompts into the Exchequer and there is charged with his casualties which are all manner of Debts of Casualties and Relièss Fines Amerciaments upon the Sheriff debts recovered and such like as are drawn down either from any Record of any of the Remembrancers of the Exchequer or from any other matter ground or seisure of the Court. And the Sheriff musst answer to every summ charged upon him as he hath cause that is to say such a summ within such and such a Liberty and sheweth whose they be He is charged with old seizures which are Lands and Tenements seized before by his Predecessors upon the Processe of the Court and likewise with his own feizures which are Lands and Tenements seized in his own time by Processe of the Court and so addeth to these such Felons goods as he hath seized himselfe There the Sheriff hath such allowances as are allowed him by act of Parliament together with the Justices of Peace wages of his Shire out of the Fines and Forfeitures before the Justices of Peace thereof if the streat will bear them layd out before the Sheriffs for the Justices wages according to the Statute of the which allowance and of the particular names of the Justices the foreign opposer doth deliver a Roll into the Pipe for the Clerk of the Pipes warrant to allow the sames wages to the Sheriff After which things done viz allowance of all payments deductions and annual charges then hath he his Quietus est The fees are as follow Imprimis to his Attorney for his warrant of Attorney c. for his own sees and his mans sees and to another for entring the warrant 02 00 02 To the Punie-Baron for ministring the oath for the Apposel upon the summons of the Pipe his see for the Vicontels and his mans see for the same 01 07 00 To the Marshal Criers Tipstaves there 01 06 08 The fees of the foreign Opposer his men are 04 00 00 For his writ of assistance from his Attorney 00 05 06 His Attorneys sees in the Pipe and his mans fees 06 00 00 The sees of the Deputy of the Pipe 01 03 04 To the Controlier of the Pipe his man and other Officers of the Pipe 02 15 02 His Attorneys see in the Remembrancers Office and his mans fee 00 06 10 To the Master of the Wardrop for his see for a Talley to have thereby an allowance given for it and for joyning of that Talley in the Pipe 05 16 05 To the Master of the Pipe for his see 18 05 00 The foreign Opposers see for allowance of Justices wages to the Sheriffe upon the extracts of the peace and for the casting up of the Debet upon the Scedules of the Greenwax and to his men for their see 02 18 04 To the Auditor assigned for the Shire for declaring of the Accompt 12 00 00 To the Attorney of the Pipe for giving allowance of the Justices wages before allowed by the foreign opposer in the Sheriffs accompt and for the foot of the accompt to his man 02 06 08 To the Baron for declaring of the accompt and to his man for his see 00 08 08 To the Attorney in the Remembrancers Office for examining of the accompt and to one for the receiving of the accompt 00 05 00 For Copies of the seizures which the Sheriff makes himselfe in his year comonly at the least 05 00 00 For copies of the new seizures according to the number of them in some Counties but twenty shillings but most commonly in
said C. D. his Executors Administrators and Assignes and the moneys thereof and thereby recovered to have take and detaine to his and their owne use and uses without any account thereof to yield or make to the said A. B. his Heires Executors Administrators or Assigns all which said Bonds and Covenants except before excepted he the said A. B. doth for himselfe his Heires Executors Administrators and Assignes covenant promise grant and agree to and with the said C. D. his Executors and Administrators by these presents that neither he the said A. B. nor his Heirs Executors or Administrators or any of them shall release acquit nor discharge the said Bonds or Covenants nor any action plaint or suite thereupon to be brought or any judgement or execution thereupon to be had without the assent of the said C D. his Executors Administrators or Assignes unlesse he the said A. B. his Heires Executors or Administrators shall be enjoyned thereunto by order or course of Law or equity And the said C. D. doth for himselfe his Heires Executors and Administrators covenant promise and grant to and with the said A. B. his Heires Executors and Administrators by these presents that he the said C. D. his Executors and Administrators shall and will from time to time and at all times hereafter save defend and keep harmlesse the said A. B. his Heires Executors and Administrators and his and their lands tenements goods and chattels of and from all costs charges and damages which may arise and happen by reason of any bill in equity or of any Non-suit or judgment obtained by any person or persons of or upon any of the said Covenants Obligations or Bonds to be taken for appearance as aforesaid or by reason or meanes of removing any action or suit in the name of the said A. B. his Heires Executors or Administrators against any person or persons upon the same Covenants Obligations or any of them And whereas it is agreed by and between the said parties to these presents that the said C. D. shall become bound by obligation to the said A. B. in the penal summ of 500 l. conditioned for the true performance of the Covenants articles and agreements in these presents contained on the part and behalfe of him the said C. D. his heires executors and administrators to be performed and shall also procure five sufficient Sureties before the thirtieth day of Ianuary next ensuing the date hereof to become bound unto the said A. B. in the several penal summs of 100 l. a piece with the like conditions as aforesaid Now the said A. B. is contented and pleased doth by these presents for himselfe his heirs executors administrators and assigns covenant promise and grant to and with the said C. D. his heirs executors administrators and assigns by these presents that he the said A B. his heirs executors or administrators or some or one of them shall and will within the space of one year next after the said C. D. his heirs executors or administrators shall deliver or cause to be delivered unto the said A. B. his heirs executors administrators or assignes the said Quietus est before in these presents mentioned the said A. B. his heirs executors and administrators being first sufficiently and reasonably discharged and saved harmlesse of and from all the payments penalties fines amerciaments damages dangers and other demands before in these presents mentioned upon the reasonable request of the said C. D. his heirs executors or administrators shall deliver or cause to be delivered up the said Obligations so to be made by the Sureties of the said C. D. as aforesaid to such Suretie or Sureties respectively and to their respective heirs executors or administrators to be cancelled In witnesse whereof c. The form of the Condition THE CONDITION c. That whereas His Highnesse the Lord PROTECTOR c. by his Letters Patents bearing date the c. in the year of our Lord c. did apoint nominate and make the within named A. B. High Sheriffe of the County of York which said A. B. afterwards by his Indenture bearing date c. did ordaine depute constitute and make the within bounden C. D. his Deputy and Under Sheriffe of the said County of Y. as by the same Indenture more plainly at large doth and may appear If the said C. D. his heirs c. and every of them do at all times hereafter and from time to time for ever clearly acquit exonerate and discharge or otherwise sufficiently save and keep harmlesse the said A. B. his heires executors and administrators and every of them and his and their goods chattels lands tenements possessions and hereditaments and every of them and of and from all and every of the summ and summs of money wherewith the said A. B shall be charged by reason of the said office of Sheriffwick and shall fall out not to be answered upon the accompts and of and from all action and actions plaint or plaints or debt or debts that shall be commenced against the said A. B. his heires c. by reason of any escape or escapes committed of any prisoner or prisoners arrested and not committed to the common Goale of the said County or afterwards by the act or negligence of the said C. D. or any the Bailiffe or Bailiffes or any his servants or Deputies and of and from all actions suits costs losses damages hinderances and demands whatsoever which shall or may at any time or times hereafter come grow or be to or against the said A. B his c. on his or their goods chattels lands tenements possessions and hereditaments and every or any of them for or by reason of the premisses or any of them That then this present Obligation c. Or thus THE CONDITION c. That whereas the above named A. B. Sheriffe of the County of Y. hath assigned and deputed the above named C. D. his Under-Sheriff If therefore the said C. D. the above bound E. F. and H I. their heires executors and administrators and every of them do at all time and times hereafter save and keep harmlesse and indempnified as well the said A. B. his heires executors administrators and assignes and every of them as also the lands tenements hereditaments goods and chattels of the said A. B. of for touching and concerning the returns and executions of all such Processe Writs and Warrants of what nature soeverr they be as are or shall be hereafter directed to the Sheriffe of the said County of Y. and shall be brought and delivered or offered to be delivered to the said C. D. during the time that the said A. B. shall be Sheriffe of the said County And of and from all issues fines and amerciaments which shall happen to be imposed or taxed upon the said A. B. for and concerning the not executing wrongfull executing or detaining in his hands any Writs Processe or Warrants and of for and concerning all escapes
necessary to be done in for or about the better effecting of the premisses as fully and amply to all intents and purposes as I my selfe might do in person or otherwise and whatsoever my said Attorneyes or either of them shall joyntly or severally do in the premisses according to the true intent and meaning of these presents I do hereby allow of ratifie and confirme In witnesse c. The Grant of a Stewardship TO all to whom these presents shall come A. B. Knight sendeth greeting Know ye that I the said A. B. for divers good causes and considerations me thereunto moving have for me my heires and assignes given and granted and by these presents do give and grant unto John Preston of B. Gent. the Office of chiefe Steward and the place and execution of the Stewardship of my Mannor of Skipton in Craven in the County of York And the holding and keeping of all Courts Court-Leets viewes of Frank-pledge and of all other Courts of what kinde soever the same be to the said Mannor belonging or in any wise appertaining To have hold execute and enjoy the aforesaid Office of chiefe Steward and the place and execution of chiefe Stewardship and the holding and keeping of all manner of Courts usually held and kept within the same together with all manner of fees wages rewards profits advantages and emoluments to the said office of chiefe Steward or Stewardship of the said Mannor or Lordship belonging or appertaining or at any time heretofore accustomed and used to be paid rendered to or received by the chiefe Steward or Stewards there for the time being for or by reason of the said office of chiefe Steward or Stewards there for the time being from henceforth for and during the naturall life of him the said Iohn Preston In witnesse c. THE COURT OF Pypowders The definition of it what it is and why it was instituted together with its jurisdiction THis word Pypowder hath its definition from the French words pied i. pes and puldreux i. pulverulentus or as Skene de verb. significat Pede pulverosus dusty feet a Vagabond Pedder or Scotch Merchant who hath no certaine dwelling place and by whom Fares are usually kept to whom justice should be summarily ministred within three flowings and ebbings of the Sea or as some define it to be curia parvi ponderis and this is to be pedis-pulverizati and so the Lord chiefe Justice Anderson did use to define it for the speed and celerity there used in the present dispatch of businesse This Court of Pypowders is a Court of Record instituted and set up for the speedy and sudden dispatch of matters and differences arising in a Fare or Market and for the speedy doing of Justice and this in case of necessity for the sole benefit of Tradesmen and Merchants and for the present determination of all doubts and questions there then arising and that only upon sales and contracts had in the Fare and Market during the time thereof but not for matters acted and done before or at any time after the Fare or Market held but for matters happening and arising in pleno Mercato or in plenaferia 8 H. 7. fol. 4. b. This Court is of two kindes viz. 1. Either by prescription and this is an absolute jurisdiction 2. To be in a Fare and Market and to this a Court of Pypowders is incident And here two things are requisite viz. 1. This Court to be for matters arising in the Fare or Market 2. The matters to be determined there within and during the continuance of the Fare and Market and this appeares to be so by the Statutes of 17 E. 4. cap. 2. and 1 R. 3. cap. 6. and this is in a Court of Pypowders annexed unto a Fare or Market But in a Court of Pypowders which one hath by Prescription there they may heare and determine matters done before Bolstrod 2. part fol. 21. Goodson against Duffill Cro first part fol. 33. For in case of a Prescription such a Court may well be without a Fare from time to time and from day to day 13 E. 4. fol. 8. b. it was so adjudged in point of a Writ of Error where the error assigned to reverse a judgment given in curia pedis pulverizali there alledged to be held secundum consuetudinem ejusdem civitatis the Error insisted upon was because he shewed not that the matter upon which the action was brought was in pleno Mercato or in plena feria it is there expresly adjudged that this was no Error because the same was layd to be held secundum consuetudinem civitatis so that such a Court may be held without a Fare or Market and that the King may well grant such a Court to be held from day to day and such a Court may well be held by Custome without any Fare or Market and its proper denomination is from the speedy dispatch of businesse there so that the jurisdiction of this Court held by prescription may be extended unto all contracts and bonds to actions of trespasse and actions upon the Case and to this purpose was the case betweene Chambers Plaintiffe against Pert Defendant Hill 33. Eliz. Rot. 124. where an action of trespasse for an assault and battery was brought in a Court of Pypowders for an assault done long before and well maintainable as it was held But this Court held by prescription doth much differ from the ordinary Court of Pypowders and that by many circumstances This Court may be thus used and held viz. 1. Either by way of Grant 2. By way of confirmation And being thus held it differs from the ordinary Court of Pypowders which is incident to every Fare as appeareth by 12 H. 7. fol. 16. b. and 13 H 7. fol. 19. And the same Court is thus incident to a Fare and that of common right as it appears 13 E. 4. fol. 8. b. Old book of Entr. fol. 168. Fit dette en Gailor placito 1 f. 18. Fit account in Execution placito 3. If one will declare upon a matter in this Court in Fare there in such a case of necessity he ought to set forth in pleading that the same was done in pleno ferio or in plena Mercata otherwise not good But it is not so in case where a man hath and holdeth this Court by prescription in which Court they may heare and determine actions upon the case for words but not so in an ordinary Court held during the time of the Fare And by 6 E. 4. fol. 3. b. If a man in his Fare hath this Court here the Steward is Judge and no other for there are no Suitors and for a Judgment given in this Court a Writ of Faux judgment lieth not but a Writ of Error and with this agrees 7 E. 4 fol. 23. And where one claims to hold this Court by prescription and also by Charter if the Charter be not contrary
office how derived 279 When first established ibid. His office is duplicate viz. general and special 280 and 281 What person ought to be a Coroner and how qualified 281 282 283 Of the number of Coroners in each County 284 Of the power and jurisdiction of Coroners ibid. What persons are to be of the Coroners Inquest and how qualified 286 287 The Method of keeping the Coroners Court 287 288 289 290 291 292 293 His Ministerial power 294 His Fees ibid. Custome to pull downe houses and cut downe trees not good 368 Constables 327 Crossebows 337 Copiholder may not let longer then a year and a day 355 Copihold granted by a disseisor may be avoided by the disseisee 357 But admittance upon surrenders good ibid. None can passe a larger estate then he hath ibid. Copiholder What person is sufficient to be a Copiholder 358 What interest he hath in his estate ibid. 359 Husband to a woman Copiholder shall not be tenant by the Curtesie without speciall custome 360 The heire of a Copyholder not bound to come to any Court during his non-age ibid. Whether a Copyholder may lop trees ibid. Copyholders for life cannot claim custome to cut down and sell trees 361 No tenant by the Curtesie or Dower shall be of Copyhold lands 361 An estate taile cannot be of Copyhold lands without use ibid. Copyholder may assigne one to essoin for him but not to do his service 362 Copy-hold not extendable by Statute-Staple but it is upon the Statute of Bankrupts not lyable to any charge of the Lord 363 Common Nusance 327 Common Pownds 328 Common Barretors 331 Curriers 336 Court-Baron 349 How Court-Barons were first instituted 352 VVhat parts a Court-Baron doth consist of 338 Court-Baron cannot be separated from a Mannor 337 The difference between Court-Leet and Court-Baron 340 341 Of the time When and the place Where the Court is to be kept 342 The manner of keeping the Court ibid. and 343 344 The charge of the Court 345 D DUces tecum What 14 Declaration What it is 14 15 Modo forma 15 Demurrer what 18 Distress what good and What not 26 27 28 29 30 31 Ditches hedges and high-Wayes kept and scoured 330 Discontinuance one seized in the right of his wife surrenders it and dies no discontinuance to the wife 370 E ESsoin what it is 14 Execution in the County Court and What goods may be taken upon it and what not 32 33 34 Where the under Sheriffe justified the breaking of three doors to do execution 185 Elegit Where it lies 71 174 What it is 176 The Sheriffe may take a moyety of the Lands of the Conusor and all his goods and chattels and the valuation of the goods and lands must be found by inquisition ibid. He must return the extent and that he hath delivered the Lands 177 Term of years delivered in execution upon Elegit good and also rents ibid. The Sheriffe must return the moyety distinctly unlesse they be tenants in common ibid. He cannot deliver a Lease at another value then What the Iury had found it at ibid. Goods cannot be sold by the owner after the Teste of the Elegit ib. An execution valuable Without satisfaction ibid. VVhere a Cap. lies after an Elegit 178 Lands sold after judgement shall be liable to satisfie it ibid. Two Writs of Elegit delivered to the Sheriff at one time how to be executed ibid. Several Elegits may issue into Counties ibid. No Cap. ad sat nor fieri fac doth lie after an Elegit and why 179 An Elegit sued after one is taken for the Protetectors fine he shall go at large 181 Escapes 208 What an Escape is ibid. For felony it is felony in him that suffers the escape ibid. If a prisoner escape yet upon fresh suit and taken he shall be in execution ibid. One in execution cannot go out of the Goale though with the assent of the Sheriffe ibid. The Protector cannot command without Writ to free a man c. ibid. If the Sheriffe die and one breakes the Goale no escape 209 If a woman-Goaler marry a Prisoner adjudged an escape ibid. It is no escape if Prisoners be removed out of the County that they may be removed to another place within the same County but not for their ease for then it is an escape ibid. The Sheriff upon fresh suit may take a prisoner in another County ibid. No felony in the Goaler to kill a prisoner that attempteth to escape ibid. All that come into the Goale ought to be kept close and safe ibid. One taken upon a Cap. by a wrong name c. a Testat issued out against him by his right name and was taken in Execution and suffered him to escape and the Sheriffe was judged answerable for the escape 210 A mans wife taken in execution and suffered to go at large before the debt satisfied adjudged an escape ibid. A reprisall by fresh suit before the action brougt excusable but a reprisall after the action brought no excuse 211 212 213 Exigents and Proclamations to be proclaimed five County dayes 10 Extendi facias what 168 Election of Parliament men how and when they are to be elected 216 Who may be electors 217 Time when they are to be elected ibid. What persons are elegible and what not 218 Punishment of Sheriffes for their negligence in elections or returnes 219 Penalties on Counties and places for not electing ibid. Escape voluntary what 326 Escape negligent what ibid. Evesdroppers 338 Estrayes 340 F FEes to the County Clerke 54 To the Attorney in the County Court 55 To the Bayliffe for executing Processe out of the County Court 55 56 Fees of the Sheriff 221 222 223 VVhat fees the Vnder Sheriffe of Middlesex useth to take 223 Fees payd by the Sheriffe in rendring his accompts into the Exchequer 225 226 227 Fees of the Coroner 294 Fees of the Court-Baron 373 374 Fieri facias where it lies 71 174 VVhat it is 183 The Sheriff must be cautious in executing this Writ c. ibid. If he for a debt of twenty pounds takes goods and sells them for forty pounds he may keep the surplusage till the Defendant demand it of him ibid. Sale upon a Fi. fa. shall stand though judgment be after reversed 184 Vpon a judgment against an Executor or Administrator no Cap. ad sat lies but a Fi. fa. c. but if a Devast be returned then a Cap. ad sat or a Fi. fa. de benis propriis c. ibid. After Scire fac no Elegit lies until the tenant be warned but a Fi. fa. doth ibid. Goods taken upon a Fi. fa. and no buyers found an order to levy the goods and lands of the Bayliffe ibid. If no goods be found the Sheriffe may sell a Lease for years c. ibid. A Scire facias issued out against an old Sheriffe after a new one elected for money levied by him c. 185 Bond taken by the Sheriff not within the Stat. ibid. VVhere
no such promise within six yeares ibid. Never Executor 134 Fully administred and Replication ibid. Not guilty 135 Bar by which in age ibid. Payment upon a Bill and a Release produced ibid. Free-hold 136 No action to cause one to render an accompt will lie in this Court ibid. In arrest of Judgment ibid. Conditions performed and Replication 137 138 Rejoynder ibid. Detain he doth not ibid. Bar by a generall acquittance and replication ibid. Justification of scandalous words 139 Tender of amends in Replevin ibid. Part of the debt paid the residue tendered before suit and refused and Replication 140 141 Not his Deed 141 By threats and Replication ibid. and 142 By hardnesse of imprisonment and Replication ibid. The assault made by the Plaintiff and Replication 143 The Defendant pleadeth the Plaintiff within age to bring his Action and should have brought it by Guardian and not by Attorney 144 To a trespasse in walking not guilty and as to the residue of the trespas tender of amends and Replication and Rejoynder 144 145 Misnomer in Baptism pleaded in abatement of the writ of Justicies 146 Plea in abatement for that the Plaintiff hath one name in the writ and another in the Declaration ibid. The Defendant justifies for horse meat not satisfied in answer to a Declaration in trover for the same horse 147 The Defendant plead leaves and liberty granted to him by the Plaintiff to enter and feed his cattle 148 The Defendant justifies in replevin the taking of the cattle for rent in arrear 149 The Defendant saith that the goods were taken as a pawn or pledge for money lent 150 Replication that he took them injuria sua propria without such a cause 151 Concord in assault and battery ibid. Replication No such concord or agreement made 152 The Defendant saith that as to the taking of the Oxe that he tooke it by the name of an Herriot ibid. Justification in trespasse for want of reparation of the hedges by the Plaintiffe 153 The Defendant justifies upon a Replevin the taking of the Cattel doing damage-feasant 154 Misnomer in the writ of Justicies ibid. Non cepit to a Replevin 155 Poverty ibid. Demurrer ibid. Joyning in Demurrer 156 Presentment in a Leet of petty Treason 342 Presentment of felony for burning a house 343 Presentment of a Felon ibid. Presentment of an Accessary ibid. Presentments in Court-Baron 375 The finding of the death of a Tenant and of a Surrender made to the use of his will with an admission of the Tenant according to the will ibid. The finding of the death of a Tenant 376 Pains found and set upon tenants for want of suit of Court ibid. 377 The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly 377 The finding of a Surrender made into tenants hands to the use of a mans will 378 The finding of the death of a tenant and of the lands and that the youngest son is next heir according to the custom c. with his admission ibid. The finding of a sale made of Freehold lands with a distresse to the Bayliffe to distrain for want of taking it up 379 The acknowledgement in the Court of a Legacy paid ibid. A presentment of a Surrender made out of Court with the admission of the tenant 380 A presentment made in Court of an agreement made between the Son and his mother touching her Dower and the mothers release of her Dower 381 A pain set for an incroachment ibid. A pain set for the amending of the same ibid. A presentment for an offence done and a charge to the Jury to enquire and further day given for giving their Verdict 382 R REplevin 39 132 alias Repl. 40 Plures Repl. ibid. Return of a Tolt 43 Return of a Recordare fac Lo. 58 59 of a Pone 59 60 of a writ of False judgment 61 62 63 of an Accedeas ad curiam 65 66 of a Writ for the Election of a Coroner after the death of another 66 of an Exigent 66 67 68 of a Proclamation 69 of a Non est inventus 197 of a Cepi corpus in the Common Pleas ibid. of a Cepi corpus in the Vpper-Bench ibid. of a Cepi corpus and Non est inventus ibid. of a Cepi corpus and Languidus in prisona 198 of a Mandavi Ballivo libertatatis where the Bayliff makes no returne of the Sheriffs warrant or where he makes an insufficient return 198 and also where he returneth to the Sheriffe he hath taken the body and the like in case the Bayliffe returneth a Languidus in prisona or as he shall certified the Sheriff by his returne ibid. of a Scire facias where a Scire facias is returned ibid. of a Nihil to a Scire facias ibid. of Scire facias for one and Nihil for the other 199 of an Attachment and Proclamation in Chancery ibid. A Nihil returned of a Venire facias upon an Indictment presentment or information and summons returned of the like ibid. The Return of a Distringas nuper vic or Balliv ibid. of a Venire facias jur 200 of a Distringas or Hab. corp Jur. ibid. of an Exigent where one bringeth a Supersed one rendereth himselfe the other appeareth not ibid. of a Proclamation 201 of an Allocat ibid. of a Tarde ibid. of a Hab. corp where the Defendant was taken by a former Sheriff 202 of a Pone ibid. of a Scire fac for the release of Prisoners ibid. of Nihil to a Scire fac against the heir and ter-tenants ibid. of a Summons in Dower ibid. of a Cap. in manus in Dower 203 of a Summons upon an originall against an heir ibid. of a Habere facias possessionem Cap. where judgement is signed with costs ibid. of a Liberate out of Chancery 204 of an Acced ad cur ibid. of a Re. fa. lo. ibid. averia elongat and Cepi corp for damages 205 of a Rescous ibid. of a Devastavit 228 of a Nulla bona Devastavit by inquisition ibid. of a Fieri fac 229 of a Fieri fac where part of the debt is levied and for the residue a Nulla bona 230 another of a Fi. fa. ibid. of a writ where the Sheriffe dieth after execution thereof and so returned prout indorsat by the present Sheriffe ibid. of an Elegit where lands are in the Kings hands 231 of an Extent in the Exchequer 232 of a Scire fac against the heir and ter-tenants where notice is given 234 of a summons in Dower 235 Records upon a writ of False judgement and Accedeas ad curiam 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Recognizance of a Coroner to binde witnesse to appear at the next assizes 290 Release of Lands made in a Court Baron 388 S SCire facias post diem annum 47 against an Executor after Judgement against the Testator ibid. after marriage 48 Subpoena or a Warrant to
E. 4. fol. 10. 34 H. 8. Br. Pledg 28. Nor goods distrained for Rent c. may not be taken If the Conusor die in execution the Conusee may have Execution of his lands and goods Co. 5. 86. 87. Fitz. 246. b. Or if the Conusor escape his goods and Lands shall be extended A Non est inventus return'd upon the 1. Certificate a 2. not grantable yet c. 28 E. 3. 91. Execution 93. Several Certificates in divers Courts upon one Statute Execution sued in the one shall not stay that in the other 29 Ass 29. 29 Ass 41. A Statute certified for the Testator shall be certified for the Executor F N B. 132. F N B 244. The Major c. hath power to hold Pleas done in the Staple Non est inventus return'd upon a Cap. in the Common Pleas Capias extendi facias shal not issue out there without shewing the Sta. to the Iustices c. 37 H. 6. 6. 7. Statute must be shewed at the day of the return c. 26 H. 6. Ex. 6. A stranger may have Execution where the recognisee is dead Or a Satute be made to two yet one may have Execution c. 12 E. 4. 10. 11. Execut. 14. Executors must sue out a Scire facias before they can have Execution c. 17 E. 3. 31. 18 E. 3 10. Execution upon the Statute sued into divers Counties upon Nihil returned in one County he shall have Execution of the whole in the other c. 16 E. 3. Exec. 49. 41 E. 3. Statute sued of parcel of the Lands in the name of all shall never extend the rest Three bound to one in a Statute severally Execution may be against one or all Infant bound in a Stat. may avoid it during his Minor c. The like by dures imprisonm Proper Improper Statute-Staple proper what 27 E. 3. c. 9. Statute-Staple improper what Or. 27 H. 8. c. 6 West Symb. 1. L. 2. Sect. 152. 153. 154. 155. Note 27 Eliz. cap. 4. The manner of proceeding upon a Stat. Staple Liberate Note Co. L. 6. 45. C. 2. in Higgons case Pemberton Bartams case Plow 32. El. Rot. 235. The manner of proceeding upon a Recognisance Elegit Levari facias Fieri facias Capias Proceedings against the sureties Execution of all the goods and chattels and a moyty of the Lands Execution of the Land which the Recognisor had at the time of the Recognisance c. Two sued in Execution the money deliver'd to the Attorney of the one and to the other himself good c. The heir charged c. Execution upon Stat. and findes bail doth not appear at the day c. Two sue Execution and one dies before the extent yet the lands shal be extended 11 R. 2. Brief 938. Otherwise upon a Stat. Merch. 3 Bound in a stat joyntly and severally he shall have exec against one or all but not against two c. Note May take a moiety of the lands of the Conusor all his goods and chattels Westm 2. c. 18. Valuation of the goods and lands must be found by inquisition Co. 4. 74. The sheriff must return the Extent and that he hath delivered the lands c. Term of years delivered in execution upon Elegit good and also rents The sheriff must return the moiety distinctly unless they be Tenants in common c. Brownl Rep. fol. 38. The sheriff cannot deliver a Lease at another value then what the Jury had found it at Goods cannot be sold by the owner after the Test of the Elegit An Execution valuable without satisfaction 23 H. 8. cap. 5. Note where a Capias lies after an Elegit Hobert fol. 58. Lands sold after Judgement shall be lyable to satisfie it Two Writs of Elegit delivered to the Sheriffe at one time how to be executed Severall Elegits may issue into severall Counties No Capias nor Fieri fac doth lye after an Elegit and why Mich. 30 E. 3. Cap. 24. Prisoners must be kept in salva arcta custodia Fitz. 93. a. c. Cap. ad satisf where a Cap. lies in the Orig. Nothing but the body can be taken by this Writ Co. 5. 8. A man in the custody of the Sheriff and a second Writ is delivered to him he shall be in his custody upon it although not actually arrested 7 H. 4. 30. Two bound in an Obligation joyntly and severally both may be sued and taken in execution c. No Cap. ad satisf for damages in a Writ of Dower No return required upon a Cap. ad satis Cap. pro Fine Cap. Vilegatum Cap ad valent Cap. pro Fine what it is An Elegit sued after one is taken for the Protectors fine he shall go at large One taken upon a Cap c. in trespasse c. 47 E. 3. Execution 41. Cap. Utlegat what it is Note Cap. utleg inquiras de bonis catallis what it is Cap. ad Valen. what it is Westm 2. c. 18 13 E. 1. The Sheriffe must be cautâ—ous in executing this Writ c. Dalt office of Sheriffs fol. 60. If the Sheriffe for a debt of twenty pounds takes goods and sells them for 40 l. he may keep the surplusage till the Defendant demand it of him Noy's Reports fol. 59. Sale upon a Fi. fa. shall stand though judgmeÌ„t be after reversd Vpon a Iudgement against an Exec. or Administra no Cap. ad sat lies but a Fi. fa. c. But if a Devast be returned then a Cap. ad satis or a Fi. fac de bonis propriis c. After Scire fa. no Elegit lies until the tenant be warned but a Fi. fa. doth Goods taken upon a Fi. fa. and no buyers found an Order to levy the money upon the goods and lands of the Bailiff 5 E. 3. Ex. 101. If no goods be found the Sheriff may sell a Lease for years c. 19 E. 3. Ex 148 A Scire facias issued out against an old Sheriffe after a new one elected for money levyed by him c. 9 E 4. 50. Scire fac 2. Bond taken by the Sheriff not within the Stat. of 23 H. 6. c. 10. 19 H. 6. 43. Co. 10. 99. b. 3. in Beaufages case Where the under Sheriff justified the breaking of three doors c. to do execution c. Crooks second part fol. 555. 556. The Sheriff may sell a Lease for years c. without taking inquisition of them Co. 5. 90. 4. 74. Four Reasons why no return is required upon a Fieri fac Register Origin fol. 298. b. 300. b. Plow 441. Stat. Westm 2. cap. 45. Fitz 266. c. Part of the sum levied a Sicut alias Levari facias may issue out for the residue Fitz. 265. h. Co. 6. 51. F N B. 265. Westm 2. c. 18. Habere facias seisinam what it is and where it lies Habere facias possessionem what it is and where it lies F N B. 220. 221. Co. 5. 91. 1. 6. 51
Dyer 278. Returne hath a threefold acceptation and how Return of a Cepi corpus for one and a Non est inventus for others by one that was not Sheriff Bulstrods Rep. first part fol. 70. Egerton against Morgan and others Co. 3. 27. Westbyes case An indorsment of Writs as was received by the new Sheriffe from the old Sheriffe Surplusage no hurt to the return of a writ Winch. Repor fol. 27. A Proclamation upon Exigent returned by a Sheriff out of office void Rescous upon a Latitat no good return Return by one Sheriffe where there are two no good return Cepi corp returned upon a Cap. ad sat hath not the body at the day an escape c. Br. Ret. 107. In all Writs of execution except an Elegit no return is required But an Elegit must be returnd Co. 4. 67. 5. 90. To say that the party will not pay his fees no reurn The Sherif must set to his returns both his name of baptism and sir-name Plo. 63. a. Imperfect returns corrigible For the Sheriffe to fay that his Bayliffe will make no deliverance no good return He shall not be charged for insufficient returns by Bayliffs of Liberties Every return must exactly answer the writ Co. 3. 15. Sometimes the omission of words make the return invalid 19 H. 6. Fitz. ret 14. 3 H. 7. 11. a. Br. ret 88. 34 H. 6. 49. Br. ret 1 4. Co. 8. 127 128. Returne of rescous invalid because he did not shew at what place it was done B. ret 97. No good returne where the Sherifs name is wanting 9 E. 4 19. Br. 54. 11 H. 7. 10. a. b. Note that the word exacteth amounts to as much as the within named The Sherif amerced 20 l. be-because he did not take posse comitatus to execute a Hab. sac seisin c. 8 E 3. 12. Hil. 19 E. 2. Execution 147. What return upon Waste good and what is not Return of a precept for writ not good No good return Fitz. 19. A return by the Sheriff in the 3. person no good return False imprison lies against the Sheriff for not returning a Capias in processe c. But otherwise in a Cap. ad sat c. Co. 5. 90. Where one hath a liberty to return writs the Sheriff cannot enter to make Execut. of any processe In a Scire sac c. the Sherif must returne the names of the SuÌ„moners c. The Sherif may take Posse comit upon a Replevin A Scire sacias against a husbaÌ„d and his wife to say they are divorced no good return A Fi. fa. against Execut. no good return to say the goods were sold before the writ purchased Nulla bona returned upon a Fieri fa. against Executors An enquiry of waste and found that divers goods were wasted upon which a scire sacias awarded and upon 3 Nihil returned Execution awarded Outlawry returned in London where not good The County omitted in the return of an Exigent erroneous Vpon Exigent returned that the party hath rendered himselfe and not so not good Cepi corp upon a Capias ad satisfac and not so erroneous Process against the husband and wife and the wife appeares not at the day not good Vpon an enquiry of damages return of damages no hurt to the sheriffe and why c. Vpon account or debt where the sheriffe returns no lands found c. and he had lands c. not good To say upon a Repleyin that there is no goods c. not good The like in Detinue c. Or upon Hab. fac seisinam If the sheriff return Cepi corp he shall be chargeable with the body at the day of the return Note Br. attach 156. The return of a Non est inventus The returne of a Cepi corpus in the Common Pl. The returne of a Cepi corpus in the upper Bench. The return of a Cepi corp and non est invent The return of a Cep Corp. languidus in prisona The returne of a mandavi Ballivo libertatis where the Bailif maketh no return of the sheriffs warrant or where he makes an insufficient returne And also where he returneth to the sheriffe he hath taken the body the like in case the Bayliff returneth a languidus in prisona or as he shall certifie the sheriffe by his retorne The return of a Scire fac where a Scire fac is returned The return of a Nihil to a sc fa. Return Scir fa. for one and Nihil for the other The return of and Attachmâ—â—t and Proclam in Chancery A Nihil r. of a Ven. fac upon an Indictment presentment or information A summons returnd of the like The return of a distrng nup. vic or Balliv The return of a Ven. fac jur The pannell The return of a distringas or a Hab. cor jur They of an Exigent where one bringeth a sup one rendereth himselfe the other appeareth not The returne of a Proclamation The return of an Allocat Returne of a Tarde The Return of a Hab. cor where the def was taken by a former Sherif The return of a pone The Schedule Return of a Sci. sa for the releas of prisoners Return of Nihil to a Scir fac against the heir and ter-tenants The return of a summons in Dower The return of a Cap. in manus grand Cape in Dower The returne of a Summons upon an originall against an heir The returne of Hab. fac possessionem cap. Where Iudgment is signed with costs The returne of a Liberate out of Chancery The return of an Acced ad cur The Scedule The returne of a Re. sa lo. The Scedule Returne averia elongat and Cepi corpus for damages The writ The Scedule The returne of a rescous The custody of my said Bayliff If two sufficient hundredors do appear it is suffi-Stat 27. Eliz. cap. 6. None are to be returned above the age of 17 years c. 21 E. 1. None shall be impanel led out of their proper County except c. F. N. B. 166. d. None to be returned but such as have 4 l. per ann 24 Iurors must be returned otherwise error Co. 5. 36. 37. He must summon the grand Iuries to the Assizes and Iuries for the quarter sessions c. None must be returned upon an Indictment but c. probi legales homines He must returne good Issues The sheriff must elect an honest Gaoler What an Escape is For felony it is felony in him that suffers the Escape c. If a prisoner escape yet upon fresh suit and taken he shall be in execution Co. 3. Boytons Case Idem sup Lit. fo 260. 13 E. 1. c. 11. 2 R. 2. c. 12. Plowd 360. a. The Protector cannot command without writ to free a man c. If the sheriff dye and one breaks the gaole no escape c. If a woman gaoler marry a prisoner adjudged an escape Plow com Plats case It is no escape if prisoners be removed out of the County that they
under-sheriff and one E. F. by which the under-sheriffe doth acknowledge that he is to pass the whole account c. and to get a discharge for the same and for that purpose the Sheriffe hath security Neverthelesse for the better security the Sheriffe doth by these presents binde the said E. F. c. Covenant by the Sheriff not to charge the said E. F. c. if he may be relieved and saved harmlesse by the undersheriff and his sureties Covenant that the under sheriffe shall not open returne serve or execute any Writs for Knights for the Parliament Nor open execute or answer any Letters of his Highnesse or the Councell directed to the Sheriffe without his speciall warrant Covenant that the Vnder-sheriffe shall receive all dues and fees to his owne use without rendering any account to the said Sheriff Covenant to execute the office without committing extortion c. Covenant to execute answer returne all processe writs precepts and Commandmentsdirected to the Sheriff c. Covenant to save the Sheriff c. harmlesse from all fines issues and amerciaments c. for not executing not filing neglecting mis-executing c. any writs processe precepts warrants or commandments c. or other misdemeanors Covenant to keep all the County Courts of the said County at usuall times places c. And to appoint Attorneyes or Deputies of Record in the Court of Record And constitute Deputies in every Hundred c. Covenāt to make ready at his proper charges the place where the Assizes c. shall be holden And shall give notice to the Sherif in convenient time of the times and places where his personall attendance shall be requisite Covenant to collect and levy to the use of his Highnesse the goods of felons and fugitives of persons outlawed and of persons attaint and convict of treason murther or felony And to collect gather up all fines amerciaments extracts certainties fee-farms pipe-silver c which he shall have warrant or authority to seize levy or collect c. And shall at such dayes and terms as the said A. B is or shall be required to enter into accōpt of the Court of Exchequer touching the said office the which the said C. D. shall do in the name of the said A. B. Sheriff c. And the same accompt shall at his own costs and charges prosecute with effect until it be finished without demanding any allowances of the Sheriffe And shall pay into the Exchequers receipt all such summs of money as upon the said accompt shall be found in arrearages within one year next after the feast of S. Michael next c. and in the name of the said A. B. shall obtain a Quietus est out of the said Court of Exchequer for him the said A. B c. within one year next after the said feast of S. Michael c. paying all fees duties and charges rewards c. which shall be required of the said A. B. without demanding any allowance Covenant that the said C. D. shall truly satisfie and pay all summs of money as he or any Deputy c. shall at any time levy and receive by vertue of any writ Process of Extent Cap. ad sat Fieri sac Elegit c. against any former Sheriff or any other writs of Execution c. whatsoever according to the true tenure of any such writ c. Covenant that the said C. D. shall at his proper costs and charges conduct and safe delivery make of all such prisoners as are or shall be in the custody of the Goal to such persons and to such places as the said A. B. by writ warrant c. or by vertue of his said office be commanded or bound to deliver the same And shall at his proper charges execute or cause to be executed all such persons as shall be convicted and put in execution according to their severall judgments c. Covenant that the said C. D. shall up on the discharge giving up of the said office to such as shal succeed deliver by Indentune to be made betweene the said A. B. his successors to the successor of the said A. B. all such prisoners as then shall be in the custody of the said A. B. with the causes of their detainments imprisonments and all such iron implemēts as belong to the Cōmon Goal of the said County c. And also all writs processe warrants and other things which shall be in his custody in respect of the said office Covenant that the said C. D. shall and will frō time to time discharge defend and save harmlesse the said A. B. c. and his goods lands c. against his Highnesse and all other of and from all maner of pains corporall and pecuniary forfeitures fines c. hereafter lawfully to be commenced prosecuted imposed c. of or against the said A. B. c. or his lands c. for or by reason of any escape of any prisoner now under execution or arrest or hereafter shall be or for not appearing of any person arrested at the daylimited c. or for or by reason of any false returne not returne or mis-return of any warrant c. of the said C. D. c. or for negligence in executing or not in executing of the said office by reason of the not levying answering or not paying of any summs of money c. or by reason of any writ or writs of assistance for the levying of any summs of money wherewith the said A. B. shall or may be charged c. Grant that the said C. D. shall have to his owne use the benefits of such Bonds and Covenants as shall be taken of any persons with condition for their appearance in any Court or else-where and of all obligations to be taken of any Bayliffs c. and all other bonds coven which are or shal be made to the said A. B. except c. and shall may sue and prosecute the same in the name of the said A. B. at the cost and charges of the said C. D. and the money recovered to have to his owne use without any account thereof c. The said A. B. not acquitting any of the said bonds judgements c. without the consent of the said C D. unless the said A. B. shall be enjoyn'd thereto by order or course of law or equity Covenant that the said C. D. shall and will from time to time keep harmless the said A. B his c. of from all costs and charges and damages which may arise by reason of any bill in equity or of any Non-suit or judgement obtained by any person of or upon any of the said covenants obligations or bonds to be taken for appearance as aforesaid or by reason or means of removing any action or suit in the name of the said A. B. upon the same Covenants c. The said C. D. is bound to the said A. B. in the summ of 500 l.