Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	error_n	writ_n	5,537	5	9.7389	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89406	An Exact book of entries, of the most select judiciall vvrits used in the common-law. Translated from the originall manuscript, which was collected by the hands of that eminent clerk, Robert Moyle Esq; late one of the prothonotaries of the Court of Common-Bench. A work of much industry, as may appeare by the authors great paines in quoting of book-cases, opinions of judges, number rolls, and many other requisites, for the confirmation of every entry, whereof none have been ever published before. Printed now for the use and benefit of all, but aimed most especially for such as are most conversant in the common-law. By J.H. Gent. With a perfect table in which may be found the principall matters therein contained.	J. H.; Moyle, Robert.	1658 (1658)	Wing M3029; Thomason E757_11; ESTC R207263	271,457	226

of c. in their Bayliwick they should cause to be made as well a certain Debt of a hundred pounds which T G in the Court of the Queen here recovered against him as six pounds as forty shillings which same T. in the said Court here were adjudged for his damages c. Re. Oct. Hillar And now here at this day c. and the Sheriffs Nichil c. And hereupon it is testified in the same Court That the same G. after the death of the same W sold diverse goods and chattells which were of the said W. at the time of his death and the monies received for those goods and chattells converted into his own use and the residue of the goods and Chattells which were of the said W were eloyned or to his own use converted with the intention that the said Execution should not be done Therefore it is commanded the Sheriffs that of the goods and chattells which were of the said W at the time of his death being in the hands of the said G. they should cause to be made the Debt and damages aforesaid If they can be found in their Bayliwick otherwise by the Oath of honest and lawfull men of their Bailiwick they should make diligent enquiry what goods and chattells that were of the said W at the time of his death by the said G after the death of the said W are sold or eloyned or converted to the use of the said G. and what they shall finde by that Inquisition the sheriffs should make appear here such a day under their seale c. and seales c. the same day is given to the said T here c. At which day here came the said T by his Attorney aforesaid and the Sheriffs to wit T. C. and W. C. now return a certain inquisition taken before them at Guild Hall of the City of London by the oath of twelve c. by vertue of the Writ aforesaid taken by which it is found that diverse goods and chattells which were of the said W. B. at the time nf his death to the value of one hundred and ten pounds came to the hands of the same G. B. after the death of the same W. B. to be administred and that the same G. had converted all the same goods and chattells to his own use Therefore it is commanded the Sheriffs that by honest and lawfull men of their Bailiwick they should make known to the said G that hee should be here alia die to shew if he had or knew any thing to say for himselfe wherefore the said T Execution against him for the Debt and Damages aforesaid of his own goods and chattells ought not to have c. according to the Form of the Recovery aforesayd if c. Nihil returned Al fi fac awarded At which day here came the said T. by his Attorney aforesaid and the Sheriffs now returned that he hath nothing c. nor is found c. Therefore as before it is commanded the Sheriffs that by honest c. they make known to the said G. that he should be here at this day to shew in Forme aforesaid c. Defendant appeares And now here at this day came as well the same T. by his Attorney aforesaid as the said T. premonished c. by T. W. his Attorney and the sheriffs now return that the said G hath nothing c. nor is found c. hereupon the said T prayeth Execution against the said G of the Debt and Damages aforesaid Prayes Execution of his proper goods Quere of the proper goods and chattells of the said G to be levied to him to be adjudged c. Quaere if such a Writ be usuall See Petifers case Coke 5 fol. 32. That such writ Est male Barr by confession that execution ought to be against him for the damages of his proper goods but as to the debt pleads fully administred before the Teste of the originall against funeralls and payment of debts and that he had not the goods found by the inquisition nor wasted c. and the eupon a demurrer Plene administravit specially pleaded about funeralls payments of debts and other necessaries c And traverseth the wast found by the inquest of office Judgement for the defendant after demurrer Nota And the same G as to the Damages aforesaid saith That he cannot gainsay but the same T ought to have Execution against him for those Damages of the proper goods and chattells of the said G. according to the recovery aforesaid therefore it is considered that the said T. have Execution against the said G. of the Damages aforesaid of the proper goods and chattells of the same G. according to the Recovery aforesaid and as to the Debt aforesaid the said G. saith That the same T ought not to have Execution for that Debt of the said proper goods and chattells of the said G by pretence of the Recovery and inquisition aforesaid because he saith That he before the day of purchasing the Originall writ of the said T. fully administred all the goods and chattells which were of the said W.B. at the time of his death about the Funerall and payment of Debts of the said W. and other necessary things to be done and administred by the same G as Executor of the Testament of the same W. and then nor at any time afterwards had not nor yet hath any goods or chattells which were of the said W B in his hands to be administred nor goods or chattells in the inquisition aforesaid above contained or any of them or any other goods which were of the said W B at the time of his death to his proper use converted or otherwise wasted and this he is ready to verifie whereupon he prayeth judgement if the said T execution against him for the Debt aforesaid of the proper goods of the said G. by pretence of the Recovery and Inquisition aforesaid in Forme aforesaid ought to have c. And thereupon the plaintiff demurrs in law and judgment for the Defendant which judgement was afterwards reversed in the Kings Bench by writ of Error That the first issue was Non est factum Testatoris and found against the Defendant and thereupon judgement and a Fieri Facias and the sheriff returned Nichil and upon a Testat Devastavit a writ of ad inquirend de Wast and wast found by Inquisition and thereupon this Scire facias to the Defendant who appears and pleads Two Scire facias Where the Defendant pleads Plene administravit Nota. and assets are sound and judgment thereupon and the sheriff returns a devastavit such speciall Devastavit is not a good plea for that it is contrary and repugnant to the sheriffs Return but in such case such Inquisition may be traversed HIll 33. Eliz. rot 612. Between W and S. Scire facias against an Executor upon a surmise that the Executor had wasted the goods of the Testator against which

4. Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damags in the plaint are under 40 s. fo 5. Allowance A writ of allowance entred for one of the Just of the common Bench by reason of infirmities fo 7. Amertiament Amerciament entred against a sheriff for his insufficient retorn upon a writ of wast Amerciament nor returning for a Capias Utlagat ib. Amerciament for not returning of Capias ad Satis after severall daies given by the court ib. Amerciament for the marshall for non attendance upon the judge upon the essoine day ib. Amerciamet Amerciament entred against the sheriff upon an attachment of Priviledg and a Habeas Corpus awarded fo 11. Amerciament entred upon an attachment of priviledg for one of the Judges clarks of the common Bench and awarding of a Habeas Corpus ib. Amerciament entred against a baily of a liberty upon a Cepi corp returned and a Distringas awarded upon an attachment of priviledg ib. Amerciament entred against the sheriff upon returne of the Languidus in prisona upon an attachment for contempt 12. Appearance Appearance baile in court entred upon a writ of priviledg in discharge of the sheriffs bond 9 Appearance entred to a writ of priviledg in trespasse ib. Appearance made in discharge of Manucaptors upon meane Proces 10. Attachment Attachment in the Mayors court for debt the attachment disattached by baile and plaint removed by a common writ of priviledg with Cerciorare 10 Attachment entred in a Quare impedit and a distres awarded ib. Attachment awarded in the like with summons and severance 1. of the plaintiffs comes not judgment that the other sequat solus the Bishop Essoines c. ib B Ballivo Amovendo Entry of a writ of Ballivo amovendo for continuing his office above one year together contra formam statuti 13 C Capias ad satisfaciendum ENtry of a testat ca sa for residue of a debt whereof part was levied upon a testat fi fac 14 Capias pro fine entred and an Exigent thereupon ib. Entry of Ca. sa after a Fi. fac and Spec. return of Devastavit against the executrix upon the inquisition 15. Entry of a writ of Testat ca. sa in the county Palatine after a devastavit returned against the exec upon a testat si fac de bonis Testatoris 17 Entry of a Ca. sa by the executors of the Conusor after the death of the Conusee in a statute merchant 18 Entry of a Capias ad sat upon a statute merchant upon the sheriffs returne that the defendant is dead an Extent is prayed against his lands by the statute and granted in the county Palantine of Lanc. 18. Entry of a Capias upon a statute merchant and upon Laici and non inventus returned an Extent awarded 19 Continuance of an extent where the writ is awarded in one county ib. Entry of a Capias ad satisfaciendum after nulla bona returned upon an Elegit ib. Entry of Ca. sa in the proper county and non inventus retorned and a testat ca. sa awarded into a forreigne county 20. Entry of a Capias ad sat upon a writ of priviledg and Cepi corpus returned and after the sheriff returns that specially that before he toke him by vertue of an other writ c. the defendant is bayled upon the Execution and an attaint brought c. ib. Commitment Commitment specially entred for levying of a fine in the name of the person who refused to acknowledg 22. Commitment for forging of writs and counterfeiting of the seale 23 Commitment for making a faigned writ of Supersedeas 24. Commitment to the Fleet upon a Cepi corpus upon a Capias utlagat with a Remittitur into London to answer the plaint there c. ib Commitment to the Fleet of one in execution upon a judgment there ibe Commitment of one in execution upon a Scire sac upon judgment the defendant saith nothing in bar judgement that execution c. ib Commitment of one to the fleet for rasure of a Record in the common Bench ex confesso afterwards fined and set at liberty 25. Commitment by the indictment roll without any proces of execution sued forth upon a Habeas Corpus Commitment of a Prothonotaries clarke and a sheriffs clarke for rasing an execution the returne and and test and serving of the writ before it was new sealed spe examinants ib. Commitment of an attorney for altering of a counter plea of the voucher 26. Commitment to the fleet for rasure of a fine and a fine imposed ib. Commitment upon a Habeas corpus from the Judges chamber the writ bore test 4. July 18. Iac the term ended 5. July upon which day the judge delivered the commitment to be inroled 30 Commitment of one to the Fleet in vacation time brought by the sheriff of London by Habeas corpus before the Judg. 32. Commitment of a prisoner to the Fleet brought to the bar in terme by a Habeas corpus ib. Commitment for forging a Cirography to a fine 33 Commitment of an attorney for prosecuting a Capias in trespas without any originall to warrant it dismissed upon a fine Entry of orders for the right regulating of Offices in the court of common Bench. 34. Commitment of an attorney turned over the Bar for divers falsities 35 D Debt ENtry of writ ad Levand deb de bonis mobili Cleric upon a statute merchant upon returne of nulla bona mobilia and that he is benificed an extent is awarded 36. Distringas Entry of a distringas against the Lord of a Mannor in ancient demesne to hold his court that the sheriff Recordari fac Loquelam 36 Entry of a distringas against a sheriff for returning of pettit issues and a Testat distringas granted to a forreigne county to distraine the Defendant by greater issues 37 E Elegit ENtry of an Elegit upon the Roll of the entry of the Scire fac the same terme in which it was retorned and a speciall retorne of the sheriff 37 Entry of a writ of Elegit against a clerk the sheriff returns non habet Laic Feod and an Extent awarded to extend bona terra ecclesiastica but upon motion a Fi. fac was thought more proper awarded 39 Entry of an Elegit after an Elegit 40. Entry of an Elegit for the value in dower 41. Execution Entry of the tender of the body in execution in discharg of the Manucaptors 41. Entry of a tender of the body in execution after judgement against the principall in discharge of his suretyes 42. The defendant discharged out of prison for that the plaintiff prayed him not in execution ib Execution Entry of a tender in execution the Pla. prayes him in execution of the court Cur advisare vult because a writ of Error is brought and the record and recognizance are certified away but at length committed in discharge of his sureties 34. Extent Entry

AN EXACT BOOK OF ENTRIES Of the most Select JUDICIALL VVRITS USED IN THE COMMON-LAW Translated from the Originall Manuscript which was Collected by the Hands of that Eminent CLERK ROBERT MOYLE Esq Late one of the Prothonotaries of the Court of COMMON-BENCH A Work of much Industry as may appeare by the Authors great Paines in quoting of Book-Cases Opinions of Judges number Rolls and many other Requisites for the confirmation of every Entry whereof none have been ever published before Printed now for the use and benefit of all but aimed most especially for such as are most conversant in the Common-Law By J. H. Gent. With a perfect Table in which may be found the Principall matters therein contained LONDON Printed for Robert Crofts at the Crown in Chancery-Lane under Sergeants-Inne 1658. To the READER Courteous Reader KNOVVLEDGE is a thing desirable for it self because it doth enrich the mind of man but then it calls for the most esteem when 't is lodged with such as do employ it for Publick advantage It hath been the happiness of the Studients of the Law in this later Age to receive such aides from the ingenious Communication of those who went before them That the ancient Dust is not onely now wiped off from those old Records and Presidents which lay secured in Scriniis sacris but the Rolls themselves transmitted by Copy into every mans Study and an access hereby provided to them easie and familiar This present Work is a great example both of the diligence and industry of the Author in collecting the severall select formes of Entries of Judiciall Writs used in the Common-Law Though the Work be Posthumous yet it is so just a Translation of the Originall Manuscript that if the Worthy Prothonotary were now surviving he would not be ashamed to own it wherefore thou hast no reason to be ashamed to use it Farewell J. H. AN EXACT Booke of the most select Judiciall WRITS Used in the Common LAW Abatement HILL 39. Eliz. Rot. 506. ss Abatement pleaded to a Sci. fac in debt against an Admistrator for that there were two Administrators who administred and but one of them is named in the Sci. fac A Scire facias in Debt against an Administrator upon a judgement against the Intestate the Administrator appeareth and hereupon the same W. the Administrator sayth that the sayd S. ought not to have execution against him for the debt and damages aforesayd of the goods and chattells aforesayd because he sayth that the sayd Intestate at E. in the County of N. within the Arch-Deanry of N. dyed intestate after whose death and before the day of purchasing of the sayd Writ of Scire facias to wit 5. February Anno c. at L. in the County of N. the Administration of the goods and chattells which were of the sayd E. at the time of his death c. by C.L. Doctor of Lawes c. was committed to one M. Relict of the sayd T. and to the sayd W. Which sayd M. and W. admin●stred all the goods and chattells which were of the sayd T. at the time of his death as Administrators of those goods and chattells by virtue of the Administration aforesayd to wit at G. which sayd M. is yet surviving and in full life to wit at G. aforesayd And this he is ready to verifie whereupon for that the same M. is not named in the sayd Writ of Scire facias the same W. prayeth Judgement of that Writ c. Admission Admission to a fine after commitment to the Fleet upon a Cepi corpus returned upon a Capias pro fine for the King tam pro fine as for the execution at the suit of the party Satisfaction given to the party Admitted for six shillings eight pence paid into the hands of one of the Prothonotaries Audia elongat returned in a retorn habend the defendant appears and pleads non cul and afterwards the plaintiff prayes to be admitted to his fine and gives security and the Justices ass●sse the fine T 12. H. 8. Rot. 159 Afterwards to wit the fourth day of July Anno c. came here into the Court the Defendant in his own person by the Sheriffs of London by virtue of a Writ of the sayd Lord the King De capias pro fine of the sayd Lord the King taken and by occasion as well of the sayd Fine as by occasion of the execution of the Judgement aforesayd at the prayer of the Plaintiff was committed to the prison of the Lord the King of the Fleet sayth that hee is ready here in Court to satisfie the Plaintiff of his damages aforesayd and brought the mony here into the Court which sayd mony the sayd Plaintiff here in Court doth receive of the same Defendant Therefore the sayd Defendant be quiet for the sayd Damages and hereupon the same Defendant prayeth to be admitted to a Fine with the Lord the King to be made by occasion of the premisses and he is admitted c. for six shillings and eight pence which the sayd Defendant in the Court of the King here by the command of the Justices here payd to John Jenour one of the Protho●otaries of the Court here for divers reparations to be made here in Court and the sayd Defendant go thereof without day c. P 4. H. 8. Rot. 159. ss It was commanded the Sheriff whereas T. I. in the Court of the King here had been summoned to answer T.R. of a plea wherefore he had taken the Cattell of the same R. C. and had unjustly detained them against Sureties and Pledges the same T. R. in the same Court of the King here had made default for which it was considered in the sayd Court of the King here that the sayd T. I. should go therefore without day c. And that the sayd T.R. and his Pledges to prosecute should be in mercy and that the sayd T. I. should have returne of the Cattell aforesayd and the King commanded the sayd Sheriff that without delay he returne to the sayd T. I. the cattell aforesayd and should not redeliver them at the complaint of the sayd T.R. without the Writ of the sayd Lord the King which should make expresse mention of the Judgment aforesayd And in as much c. he should make knowne here at this day to wit 15. Pas And now here at this day commeth the sayd T.R. in his proper person and the Sheriff now returneth that the cattell whereof mention is made in the sayd Writ are eloyned to places to him unknown by the sayd T. R. so that he could not have view of them and therefore hee could not make returne of the sayd Cattell to the sayd T.I. as to him it was commanded whereupon the sayd T.R. as to the eloynment of the Cattell aforesayd saith that he is in no wise thereof guilty As to the contempt not guilty And of this he putteth himself upon the Country c. But that costs labour and expences

against the law of the land of the Realm of the Lord the King of England unjustly constrained by arrest of his body whereas in truth neither the said I. L. nor the said I. C. nor either of them at the time of the levying of the said plaint or any time afterwards hitherto was Tinner working in any Stannary worke within our Counties of D. or C. And whereas in truth the account aforesaid doth not concerne any Tinner or matter or matters belonging to the said Stannaries Averment that neither Plaintiff or Defendant were Tinne●● Averment that the account did not concern T●nning and although the same I. L the matter aforesaid by him above alleaged before the said Warden Subwarden and steward often pleaded and alleaged in the Stanuary Court aforesaid and offered to prove with inevitable truth and Testimony Neverthelesse the said warden Subwarden steward Deputy or Keeper of the place would not admit of that plea or allegations but altogether refused and the same I. C. notwithstanding the plea alegation probation of the said I. L. aforesaid in the premisses aforesaid the said I L. before the said warden underwarden steward Deputy or Keeper of the place in the plea aforesaid to be condemned with his whole strength indeavoureth and tryeth from day to day in contempt of the Lord the King now and manifest damage impoverishment and greivance of the said L. and against the lawes of the Realme of England and this he is ready to verifie whereupon the said L. humbly imploring the aide and munificence of the Court of the Lord the King now prayeth remedy and a writ of the Lord the King de Prohibitione to the said warden underwarden c. And to the said C. Counsellors Attornies and Solicitors of the said C. in this behalf whatsoever to be directed in Forme of law to prohibit them and every of them that they nor any of them proceed not further in the cause aforesaid or any thing that concerneth the premss in the court aforesaid before the said Warden c. or presume to attempt any thing more in the cause aforesaid in the court aforesaid which may give way to indamage the said I.L. or prejudice of the Law of the Lord the King now his Crowne or dignity and to him it is granted c. Warburton Mich. 25. H. 6. Rot 323. Prohibition without a cause depending against the Bishop of Winchester for excommunicating a man for serving a warrant of peace upon his Chaplain EAster 44. Eliz. Rot. 1738. The like Causa non pendente out of the Court of Request against the corporation of Myners THat this Prohibition causa non pendente being granted upon the motion of Serjeant Hele Justice Gawdy and Warburton Walmesly being absent Nota. And at another day Justice Walmesly being present and Justice Gawdy being absent Justice Walmesly said that the prohibicion lay not Causa non pendente And thereupon the Prohibition did not issue forth though Warburton put his hand to it Yet Gawdy and Walmesly denyed Quare Impedit H 12. H. 7. Rot. 315. Mordent Leic. ss Tho. and Eliz. his wife In Quare Impedit the Plaintiffs have a Writ to the Bishop upon the Bishops plea after the death of the Patron bring their writ of Q. Impedit to present to the Church of N. which is voyd c. And count in right of their Fee of an advouson in grosse against W. Bishop of Lincolne I G. Kt. and R. M. Clerk issue upon the traverse of the advouson in grosse and judgment against the Bish with a cessat c. and the plea depending the patron incumbent dye the Plaintiffs pray execution of the judgment against the Bish and have it c. Ravishment de Gard. Ravishment de gard brought by the King the Kings Attorney by force of the Letters Patents under the privy seal sealed Waives his issue and saith that the Defendant is not guilty and judgment that the defendant go without day the Kings right being saved H 12. H. 7. Rot. 228. Mordant Oxon. ss the King brought his writ of Ravishment de Gard. against I. G. and A. his wife for Ravishment of Richard Son and heire of Edward Bockingham c. the defendant Pleads non cul and afterwards James Hobard attorney of the King and the Defendants come in their proper persons and the Kings Attorney Relicta verificatione c. by vertue of a certaine warrant with the signe manuall of the said Lord the King signed directed to the same James and shewed here in Court on the behalfe of the said Lord the King saith they are not guilty prout c. Therefore it is considered that the said Io. and Anne goe thereof without day c. the Kings right being reserved when at an other time therein she would speak c. Retorn Recordi Return of the Record sent to the Iustice at Lanc. to be tryed after triall in the Bench. AFterwards to wit upon Monday next after tres Pas next following the said C. came back here into Court in his proper person And Humphery C. Justice of the said Lord the King at Lanc. before whom c. sent the record and proceedings cum toto facto suo in the premisses before him at L. in the county aforesaid had in these words Afterwards on monday in quarta septimana LX. before H. C. Iustice of the Lord the King at Lanc. came aswell the within named R. R as the within named R. B. in their proper persons And hereupon the same R. prayeth a writ of the said Lord the King of ve fac here 12. Ven. fac aWarded at Lanc. c. before the said Justice at L. c. to trie the issue within written to be directed to the sheriff of the county of Lanc. which was granted him c. wherupon it was commanded to the sheriff of Lan. that he cause to come before the said Justice at Lanc. upon Tues quarta septimana XL. prox next comming 12. c. of the neighbourhood of C. by whom c. and who neither Return of the Ven. fac c. to recognize c. because aswell c. At which day here came the parties aforesaid c. in their proper persons And E. S. Knight sheriff of the said county of Lanc. returned before the Justices here to wit at L. aforesaid the writ aforesaid in all things served and executed together with the names of the jurors between the parties aforesaid impanelled annexed to the same writ which said jury being solemnly caled came not whereupon it is commanded to the said sheriff of Lanc. that he have before the said Justices here to wit at Lanc. aforesaid upon Wednesday Iury came not in dec quart Sept. 40. next coming the bodies of the said Jurors between the parties aforesaid before impaneled to make that jury the same day is given to the parties aforesaid here c. at which day of Wednesday here to wit at L.

aforesaid here c. came aswell the same R. as the same R B. in their proper persons and the jurors of the jury aforesaid being called came who being elected tried and sworn to speak the truth of the within contayned said upon their oath ut in Recordo where upon the same Justices at L. pe●fixed a day to the parties aforesaid before the Justices of the Lord the King of the Common Bench at Westminster Iustice at Lanc. prefixeth a day for the parties to be at West to wit upon Monday n●xt after tres Pas next to come to heare their judgment thereof c. therefore c. AFterwards to wit in Oct. Mich. next following Iudgment in Banco after issue tried in the county P●ll of Lanc. upon a mittim of the record there P 4. 5 P. Ma. rot 632. Iudgment in debt here to wit at Westminster which same day the same plaintiff and Defendant have by the prefixment of W R. and N. P. Justices of the said Lady the Queen at L. to heare theire judgment here c. came aswell the said Plaintiff as the said Defendant by their attornies aforesaid and the said Justices at L. sent here his record in these words Afterwards c. whereupon the premisses being seen and by the justices here fully understood it is considered that the said plaintiff recover against the said defendant his debt aforesaid And his damages to ten shillings by the jury here in Form aforesaid assessed and also 40 s. to the same plaintiff at his request for his costs and charges aforsaid by the Court here adjudged of increase which said damages in the whole do amount unto 50 s. and the Defendant in mercy c. P 4. Eliz. Rot. 503. Brownlow ss Entry of a Resu● in debt against an heir he prayes the Plaint may cease till plea in age and it was granted and after full age a Resum is awarded against a Baron and Feme P 8 Jac Rot 205. Satisfaction for part It was commanded the sheriff whereas I. H. late of c. Spinster daughter and heire of D. H. Gent. lately called c. in the county of Cornwall Gent late in the Court of the Lady Eliz. late Queen of England of the Common Bench was summoned to answer E. V. of a plea that she render to him 40 l. which shee then ought him and unjustly detayned for that to wit that whereas the said D. Father of the said Jane whose heir she is in his life time to wit the 21. day of I. An. 22 Eliz Reg. at L. by his certaine bill obligatory which the said S. with the seale of the said D Sealed into the said Court of the Queen brought the date hereof was the same day and year acknowledged himselfe to owe to the said S. 43 l. 16 s. to be paid to the said S. when he shall be thereof required for which payment well and truly to make the said D. had bound his heires executors by the same B. and the said D in his life time of 96 s. thereof to the said S. afterwards satisfied and that the said D. in his life time and the said Jane daughter and heir of the said D. after the Death of the said D. although often required the said 40 l. residue have not rendred but the same to him to render have gainsaid and the same I. to the said D to render yet doth gainesay as the said S. then said The said I. appearing in the said Court of the said Lady the Queen said that she was within the age of 21. Plaint remaineth untill c. yeares And that she intended not nor ought during her minority aforesaid to answer the said S. in the plea aforesaid and prayeth that the plaint aforesaid might remaine unto the full age of the said Jane And because the same S. in the same Court of the Queen did not gainesay that it was considered that the said plaint should remaine untill the full age of the said I. as by the Record thereof in the court of the Lord the King here remaining manifestly appeareth and whereas the said S. afterwards to wit the 23. day of I. An. Reg. nunc 3. came into the court of the Lord the King before his Justices Averment of the full age of the Feme and that she is married c. And said that the said Jane was of full Age and that the said Jane after that the said plaint remained without day and before the said 23. of Jan An. 3. c. abovesaid to wit such a day and yeare at L. had taken to husband one A. P. Gent. and is now marryed to the said A. Resummon by good summoners the same A and I. his wife that they be before the Justices of the Lord the said King here at this day to wit such a day to heare the record their judgment of the plaint aforesaid that he should then have here the summons and that writ and now here at this day came the same S. by I. H. his attorney and offered himself the 4. day against the said A. and I. in the plea aforesaid and they came not Nihil returned And the sheriff to wit N P. Esq now retorneth that they had nothing in his bayliwick whereby they could be summoned and hereupon it is testified in the said court of the Lord the K●ng here that the said A. and I. have sufficient in the county whereby they may be resummoned Testat resummons Therefore the Sheriff of Devo is commanded that he resummon by good summoners the said A. and I. of being here 15. Trini to heare their judgment in the plaint aforesaid the same day is given to the said S. here c. Remissio Recordi The Record remitted Justic Lanc. upon a forraign Voucher P 26 H. 8. rot 337. AFterwards the processe being continued between the parties aforesaid in the plea aforesaid by the Jury put therein between them is respited here untill this day to wit Oct. Mich. then next following unlesse the Justices of the Lord the King assigned to take the Assizes in the County aforesaid by forme of the Statute c. on Munday at the Feast of Saint Lawrence next past at Salop in the sayd County of S. first came And now here at this day came the same Executors by their Attorney aforesaid and the same Justices of Assizes before whom c. sent here their Record in these words Postea c. And because the Court of the King here cannot proceed further in the plaint aforesaid therefore the said plaint is remitted to the Iustices of the said Lord the King of his County Palatine to proceed in the said plaint as of right and according to the Law and Custome of the County Palatine aforesaid is to be done c. And it is sayd to the said F. F. Attorney of the said Executors that the same Executors be before the Iustices of the Lord the King

came to the hands and possession of the said P. after the death of the said W. and this c. Judgement if Execution c. AND the said R. saith Peplication that he had more assets at tue Teste of the Writ c. to the value of the debt c. and issue thereupon That hee by any thing before alledged from having his Execution aforesaid of the Debt and Damages aforesaid ought not to be barred because he saith that the said P. the day of the obtaining of the writ of Scire facias aforesaid to wit such a day and year had diverse goods and chattells which were of the same W at the time of his death to be administred to the value of the Debt and Damages aforesaid above recovered besides the goods and chattells to the value of forty shillings which came to the hands of the said P. after the death of the said W. whereof the same P. might have satisfied the said R. of the Debt and Damages aforesaid to wit at S. in the County aforesaid and this he prayeth may be enquired of by the Country and the same Defendant c. Therefore the Sheriff is commanded that he cause to come c. THe Jury say upon their oath Verdict that he had assets to 30 l. at the Teste c. over● c. and no more c. as to thirty pounds of the within written two hundred and six pounds parcell that the said P. the day of purchasing of the said Writ of Scire facias to wit such a day and year had diverse goods and chattells which were of the within named W at the time of his death and in his hands to be administred to the value of the said thirty pounds besides the goods and chattells to the value of the said Forty shillings which came to the hands of the same P. after the death of the same W to be administred whereof the same P might have satisfied the said R. of the said thirty pounds Verdect for the Defendant to wit at S aforesaid as the same R hath thereof within alledged and as to the seventy foure pounds of the within named two hundred and six pounds residue the same Iury say upon their oath That the same P. the day of purchasing of the Writ of Scire facias to wit such a day and year had no Lands or Chattells which were of the within named W. at the time of his death in his hands to be administred to the value of the said one hundred seventy four pounds beside the goods and chattells to the value of the said forty shillings Judgement which came to the hands of the said P. after the death of the same W. whereof the same P. could satisfie the same R. of the said one hundred seventy four pounds to wit at S. in the County aforesaid as the same P. thereof within alledged therefore c. search the Judgment with Mr. Brownlow Entry of a Sci fac against an executor of one Manucaptor of three Manucaptors upon a Recognizance of baile upon an arrest in debt c. P 1. Jac. rot 817. Middlesex ss It was commanded the Sheriff whereas by I R of B c. H D of C. c. and T. M. of C. c. of late to wit the twentieth day of Aprill Anno 41 Eliz. before E. A. Knight cheife Justice of the Court of Common Bench of the said Lady the Queen here at his dwelling house in the Charterhouse neer London undertook and every of them did undertake for M. T. late of London c. otherwise called c. in the County of Somerset Gent. in one hundred and fifty pounds And the same Morgan then and there assumed for himselfe in three hundred pounds and if it should happen the same M in a certain plea of Debt upon Demand of one hundred and fifty pounds against the same M by one Elias I in the said Court of the Lady the Queene of the Common Bench Recitall of the recognizance here prosecuted in any lawfull manner to be convinced and Judgement for the same E in the plea aforesaid against the said W. in the said Court to be given that then the same M. the said Debt of one hundred and fifty pounds and also all Damages to the said E by occasion of the detaining of the said Debt in the same Court of the late King against the same M in any manner to be assessed or adjudged would satisfie and render which said one hundred and fifty pounds the same I H and T M severally acknowledge to be made upon their Lands and Chattells And which sayd three hundred pounds the said M acknowledgeth to be likewise made of his Lands and Chattells and to Be levied for the use of the said E if it should happen the same M contrary to the Manucaption aforesaid in any manner to make Default And although the same E afterwards Judgement against the principall Hil. 42 Eliz to wit in the Terme of Saint Hillary Anno 42 Eliz. before E. Anderson Knight and his Associates then Justices of the said Lady the Queen of the Bench aforesaid by consideration of the same had recovered against the same M. as well the same one hundred and fifty pounds at the same forty shillings which to the same E in the same Court of the Queen here were adjudged for his Damages which he had by occasion of the detaining of that Debt whereof hee is convicted as by the record and proceedings therein in the same Court of the said late Queen here remaining manifestly appeareth Neverthelesse the same M. hitherto hath not satisfied the same E. of the Debt and Damages aforesaid Breach of the Recognizance nor in the same Court here hath rendred his body in Execution for the Debt and Damages aforesayd according to the Forme of the Recognizance aforesaid and the said T M is dead as by the information of the same E the King is given to understand And because c. that by honest c. he make known to A M Widdow An Alias Sci. fac was awared and continuances divers imparlances ought to be here The Defendant pleads assets to the value of 36 l. 5 s. came to her hands after the death c. and pleads a judgment against the Testator in his life time in London upon concessit solvere and that she had imploye● part of the assets about the funerall part about the the proba●e of the will part to compound the judgment and the residue brings here into Court ready to pay c. with plea that she hath no more c. The plaint levivi●d The plaintiffs finde pledges to prosecute and make their Attorney Executrix of the testament of the same T. M. of being here at this day to wit in Cro Asc Dom to shew if any thing c. wherefore the same one hundred and fifty pounds by the same T in forme aforesaid acknowledged of

Assizes and Execution therein awarded at B. before the day in the Bench. P 28. H 8. rot 438. Ayde of the King granted in a Scire facias to execute a fine between Melton and the Earle of Northumberland EAster 34 Edw. 1. rot 27. A sci fa. brought by the King upon a jud●ment in an assise Darrein presentment had by the King by reason of the wardship of an ideot brought against man and wife an estranger upon disturbance Defendant pleads that the lessor was respited untill 8 Hil. for default of the Recognitors c. ss It was commanded the sheriff that whereas the Lord the King in the Court here to wit in 8 sancti Martini Anno Reg. 21. had recovered against H C. and I his wife and R. B. the presentation to the Church of W hy reason of the Lands of R. W. a Fool and in the Kings custody by which it was commanded the Bishop of Winchester that notwithstanding wreck-land of the said I and R. B. hee should admit of a fit Parson to the said Church at the Presentation of the King by vertue of which said command the said Bishop admitted one I S his Clerke at his presentation to the Church aforesaid and the said Church by the resignation of the said I. S. Clerke is now void and belongeth to his Donation by reason of the custody aforesaid the same H. I. and R. B. do not permit the sayd King to present a fit parson to the Church aforesaid in contempt of the Lord the King c. and his immoderate losse and vexation We command you that by honest c. you shall make known c. to shew c. wherefore the Lord the King ought not to present a fit parson to the Church aforesaid by reason of the custody aforesaid c. And now here at this day came N. W. who followeth for the Lord the King and the same H. and R. came not and the sheriff now testifieth that he made known to them of being here c. by T. D. and F. E. whereupon the said N. W. who c. prayeth Execution by default of the said H. and R. And hereupon came the said Ioane and one Isabel the wife of the said R. and the same Joane assevering the same Advowson to be the right of the said Ioane and the same Isabell assevering the same Advowson to be the right of the same Isabell say That the Lord the King now by that writ nor also by vertue of the Record from whence that Writ issued ought not to have Execution therein because the said Isabel saith That she is joyntly enfeoffed of the advowson aforesaid together with the said R her husband and prayeth that she for default of her husband c. and prayeth to be admitted c. and the same Joan well knoweth that the Lord the King otherwise in the Court of the King here in Cro saucti Martini Anno supradict superdico arrayed the said Assize ult praesentationis against the said H. the same Ioan and the same R of the advowson of the Church aforesaid at which said assize they personally appearing pleaded and then put themselves upon that Assize so that then it was considered that the said Assize should be taken but that it should be respited here untill in 8 Hil then next following for defect of Recognitors c and say that afterwards in the same that Assize depending thereof between them undecided The Attorney confesseth the action without warrant in deceit of his client as is before said the Attorney of them the said H and I●and of the said R again appeared in the same Court without warrant and granted to the said Lord the King presentation to the said Church that turne c. reserving the right of the said H I and R when they would speake therein wherefore whereas that Court had no authority or Jurisdiction to admit of the grant of the attorney of the said A I and R of the Advowson of the Church aforesaid upon the said Writ of Assize ultimo praesentationis which was respited here untill another Term to come pray judgement if any Execution upon such grant after the said Assize as aforesaid was respited ought to be made c. And because this same is found by the Record of the same Rolls of this Terme it is considered that the said Ioan and Isabell go thereof without day c. and whatsoever shall be done by pretence of the said Grant made after the Assize aforesaid was respited as aforesaid Judgment against the King shall be null and void and the Lord the King may bring an originall writ c. P 27 Edw. 1. rot 127 ss A Scire facias for the Tenant against the Vouchee to shew if any thing Scire facias brought by a Tenant in recovery to have execution of Lands in value against the voucher c. wherefore the Tenements aforesaid of the lands of the said Vouchee to the value of the Tenements aforesaid with the appurtenances in a competent place hee ought not to have c. Judgement against the plaintiff in Sci. fac for execution of a fine H 5 H 6 rot 304 ss In a Scire facias for executing a fine judgement was given against the plaintiff as followeth therefore it is considered that the said Plaintiff shal take nothing by his writ of scire facias but that the said Defendant go there of without day c. Sci fac upon a judgement in debt where the Defendant before execution fraudulently conveyed his lands and took sanctuary to the intent to defeat the plaintiff of his debt ss T 71 H 4 rot 109. Scire facias against one that made a Feoffment of his Tenements by Fraud and Covin and tooke Sanctuary but the said Defendant intending the plaintiff from the Execution of his debt and damages aforesaid maliciously to retard gave and granted divers lands and Tenements goods and chattells within his Bailiwick to divers certain persons by collusion between them had to wit that the Defendant should receive the profits thereof to his own use which same Defendant the profits thereof notwithstanding the said gift received and yet doth receive and fled to the liberty of the Abbot of W. and within the same Liberty stayed and there liveth upon the profits of his Lands and Tenements goods and chattells aforesaid as by the information c. praying according to the Form of the statute in this case made to be provided of a fit remedy in this behalf c. and because c. M 3 H 4 rot 11 5. ss Scire fac for Execution of Damagesr recovered in an Assize of fresh force in the City of Canterbury Sci. fac for damages in an assize of fresh force also for forty shillings according to the forme of the statute thereof made for that that the Defendant brought not the Record by him pleaded in Barr of the Assize according to the forme of the

statute of Westminster 2 Cap. 25. T 2. H. 6 rot 131. Scire facias against the sheriff Sci. fac against the sheriff for taking in sufficient pledges in Replegiary Sci. fac and judgement therein superseded for that the Defendant was in the Kings custody Sci. fac against one Executor to have execution c. upon a Sci. Fac de bonis testatoris against 2. executors returned no goods in the hands of the one and a devastavit against the other See 4 Eliz. Dyer f. 110. pl. for that he took not sufficient pledges to have returne of the Cattell irreplegiary T 2. H. 4. rot 110. entry of a scire fac upon the note of a fine Exetion awarded but afterwards a writ out of the Chancery was directed to the justices Ad supersedendum c. for that the Defendant against whom the judgement was awarded was in the Custody of the King P 4. H. 4. rot 403. A scieri facias against two Executors was returned that the said Executor have no goods or chattells which were of the Testators at the time of his death nor had at the time of the receiving of the Writ c. But that that the said A one of the Executors aforesaid had diverse goods and chattells to the value c. but had wasted them before the receiving of the said writ thereof Scire facias against him wherefore he ought not to have Execution against him De bonis propriis and Eexcution was therein by default c. SCire facias for I. S. widdow A genervll acquittance pleaded in bar to a Sci. fac to have execution upon a judgement Executrix of the Testament of I. S against I. R. an Attorney of the Bench upon a recovery by the Testator for Debt and Damages and the Defendant appeared and pleaded a generall Acquittance made by the Executrix c. A Sci fac against Coheires makes default and execution against him proportion ejus de hereditate contingen T 27. Ed. 1. Rot. 17. in a Scire Fac against Coheires vouch by the Tenant for the value one of the heires appeareth and pleadeth and the other maketh default Therefore let the execution be made against him for the portion to him happening out of the inheritance c. to the value of the residue c. P 6. H. 4 Rot. 192. ss in a Scire fac against Tenants for exempting a Fine Nota. the processe was continued untill the parties were at issue at which day one of the tenants dyeth and an other writ was sued by Jornies accompts Journeis Accounts and afterwards at the return of the 2. Scire Fac. an other of the Tenants dyeth and an other writ was sued by Jorneis accomptes and afterwards one of the Defendants made default Receit and afterwards came at a day in Court he that made default dyeth after the last continuance Parol demur for nonage of the heire and at a day in Court came his wife and her sister and prayeth to be received and for that they were within age they pray paroll demur c. M 14. H. 8 Rot 439. P. 4. H 8. Rot. 437. A Scire Fac. awarded to have execution against the Termor for yeares within the Terme upon suggestion that the Termor had surrendred to the Defendant A Sci fac against a Termor and had execution by default c. COrnub ss It was commanded the sheriff whereas Richard Rawlin was summoned to be before the Justices of the Lord the King to answer Richard Barret Esquire in a plea wherefore A Sci. fac brought by the heire of the Plaintiff in partition who after judgment and before partition made died whereas the same Ri. and Ralph had held together undivided 1. Messuage 1. Garden 40 acres of Land 6. acres of meadow and 60. acres of Pasture with the appurtenances in S. Minver the same Ralph to make partition thereof between them according to the Form of the statute in this case provided contradicted and suffered not the same to be don against the forme of the statute aforesaid in such manner thereupon in the same court it was proceeded that afterwards to wit in Mich term An. Reg. dicti domini Rs nunc 9 It was considered that partition should be made between the same Ri. and the said Ralph of the Tenements aforesaid with the appurtenances as by the Record and proceedings therein in the same Court here remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth undon and the same Richard is dead as by the information of M. B. and G. B. daughters and heires of the said Ric. the King understandeth and because c. that by honest c. he should make knowne to the said Ralph that he should be here at this day to wit 15. Pas to shew if any thing c. wherefore partition between the same M. and Grace and the same Ralph of the Tenements aforesaid with the appurtenances ought not to be made according to the Form of the consideration aforesaid if c. See the entry of this writ in the title Gardiano admittendo And now here at this day came aswell the said M. and Grace by N. Sprey who is admitted by the Court here to prosecute for the same M. and G. who are within age as Guardian of the same M. and Grace in the plea aforesaid As the same Ralph by Iohn Hunking his attorney and the sheriff now retorneth that the said sheriff by VVilliam Cook and Richard Harris honest c. made knowne to the said Ralph that he should be here at the day and place aforesaid as by that writ it was commanded him T 15 Jac rot 2035. H 20 Jac rot 679. between C and C and hereupon the same Mary and Grace pray that partition between the same M. and G. and the said Ralph of the Tenements aforesaid with the appurtenances may be made c. whereupon the same R. prayeth imparlance untill Cr Trin. and hath it c. the same day is given to the said M. G here c. See Tri 33. E. Rot. 1814. The tenor of a Writ of Dedimus Potestatem in gardiano admittendo in Dower sent to the Justices of the Common Bench and the entry there And after the entry this And hereupon it is granted by the Court here that the said T. M. follow for the same T. B. who is within age and guardian of the same Tho. against the said Eliz. in the plea aforesaid c. P 28. H. 8. Rot 408. ss L. and others against A. and others Entry in the Post The Tenant by W. A. his attorney commeth and calleth the Common Uouchee and after the judgment a Writ out of the Chancery to receive the attorney admitted is entred in haec verba M 44. and 45. Eliz. Rot. 1658. Entry of a Sci fac to have execution and seisin of new in d●wer for that the Sheriff in favour of the

of an Extent upon a statute Merchant by an executor 34 F Fieri Facias Entry of a testat Fi. fac de bonis propriis after a Devastavit returned 45 Entry of a Fi. Fac where parcell of the money is returned levied and a Fi fac awarded for the residue ib. Entry of a Fi Fac. where the sheriff retorned nihil habet a Fi Fa awarded to the ordinary de bonis ecclesiasticis 64 Entry of a Fi Fac. de bonis testatoris the sheriff retorned that part is levied de bonis testatoris and as to the residue a devastavit by the executor execution awarded de bonis propriis ib. Entry of a speciall Fi. Fac de bonis propriis Entry of a Fire Fac. for damages in replevy Fi Fac retorned but the money not brougth into the court a Scire Fac. is awarded to the Coroners c because the plaintiff is without remedy against the sheriff ib. In this entry precedents must vary Foringer Entry of a Forenger against an Attorney 49 Entry of a Foringer and commitment of an Attorney forging a writ de non molestando 50 Entry of a Foringer of the Clerk of the Jurat for not attending his Office ib. Entry of a Poringer of a Cryer of the court for his not attendance causa pro absentia non ostens● 51 Entry of a Foringer and severall punishments against an attorney for forging of a writ of Sup. to reverse an utlawry ib. Entry of a Foringer of a Philizer of the Vpper Bench for non attendance in his office in person 53 Fine Entry of the quashing of a Fine upon the execution and inspection of the infant acknowledged upon a Dedi Potestatem 54 Breve de Gardiano Admittendo Entry of a writ de Gardiano Admittendo in a writ of partition H Habeas Corpus ENtry of a Habeas corpus in debt where the sheriff retorned that he was not taken c. and a Distringas Nup. Uic awarded 55 Entry of a Habeas Corpus upon Privilidg with the Recognizance 56 Entry of an Amerciament for not Retorning a Habeas Corpus 58 An entry thereupon is broguht to the Bar by Habeas Corpus and charged with 20 l. debt by an Originall and processe of utlawry is awarded because he would not appear to the writ 59 The like where the Prisoner is remitted to prison ib. Entry of a Habeas Corpus of a Prisoner committed for causes Ecclesiasticall and inlarged without bail ib. Entry of a Habeas Corpus cum causa the sheriff returntd that he was detayned vertute warrantii whereupon he is committed 60 Entry of a Corpus cum causa of an attorney committed by a warrant from the High Commssioner who was discharged 61 I Inquiry Entry of a writ of Inquiry directed to the Justices of Assize to inquire of better issues 61 Entry of a writ of inquiry directed to the Justices of Assize to inquire of what issues the sheriff could answer 62 Entry of a writ to inquire de quantis exitibus 63 Entry of a writ to inquire awarded de novo where the sheriff retorned that he could not execute the old writ 64. Entry of the like writ against an Attorney in covenant broken ib. Entry of a writ to inquire of Damages for Fees for suing forth a writ of Covenant 65 L Liberari Facias ENtry of a writ of Liberari Fac. to the Conusee of lands extended upon statute merchant 67 M Mittimus ENtry of a Mittimus of a record removed out of another court by a Certiorare and sent to the Justices of the Bench. 69 N Ne Exeat Regnum ENtry of Ne Exeat Regnum and surety found 70 Nusance ENtry of a writ of Nusance to demolish a foundation laid ad nocumentum of a society of the Law 70 O Originall ENtry of an Originall directed to the Justices sued out by a Lord in Parliament 71 P ENtry of a generall Pardon to an utlawry after judgment for that it appeareth by record both debt and damages are satisfied 73 Entry of a speciall Pardon after satisfaction of the judgement where the defendant upon a Cepi Corpus being committed pleads the pardon and satisfaction and is set at liberty 73 Pardon and Release of demands pleaded in discharge of an Ex post cap. and a Scire facias awarded ib. Partition Entry of a Writ de partitione facienda and partition made 73 Plur. Replegi●●e Entry of a writ of Plur. Replegiare properly claimed by the defendant a Writ of Proprietate probanda awarded c. 75 Entry of a Plur. Replegiare in homine repleg the sheriff returns he is inlarged a Capias in Withernam awarded of the body of the Avowant 78 Entry of a Plur. Repleg 67. Dyet this case reported 79 Pone Entry of a Pone and the sheriffs returned thereupon adjudged void for that he named not the Cattle in specie 80 Priviledg Entry of a writ of Supersedias for the servant of the Chief Clerk of the upper Bench And a counter part that the Defendant is Farmer to the said Chief Clerke of divers lands c. And traversed that he was is Clerk Demurrer 81 Entry of a Writ of Priviledge for one of the Six Clerks of the Chancery 83 Entry of the like writ for a Chancery Clerk ib. Entry of the like writ of the Ptothonotaries Clerk 84 Entry of the like for one of the Masters of Chancery ib. Entry of the like for the servant of the Keeper of the Rolls ib. Entry of an Attachment of priviledg against an attorney ib. Procedendo Entry of a Procedendo awarded in a plea of Lands to be removed out of an inferiour court by Recordare 85 Entry of a Procedendo Rege inconsulto ib. Entry of a procedendo upon a speciall return made upon a Habeas Corpus about the custome of London touching Apprentizes and their Indentures ib. Prohibition Entry of a Prohibition to the court of Stannaries 86 Entry of a Prohibition sine causa procedente to the Bpp. of W. for excomunicating one for serving a warrant of peace upon his Chaplin 87 Entry of the like out of the court of Request against the Corporation of Myners ib. Q Quare impedit Entry of a Quare impedit where the plaintiffs have a writ to the Bpp. upon the Bishops plea of the death of the Patron 87 R Ravishment de Gard. ENtry of the Writ brought by the Ki. The Kings attorney waives issue and the defendant erat sine die salvo jure Regali 88 Retorn Recordi Entry upon the returne of the Record sent to be tryed before the Judg at Lanc. after tryall in the Bench. 88 Entry of judgment after issue tryed in the Common Pallat Lanc. upon a mittimus of the Record there 89 Entry of a Resum against an heire sued within age after full age and it is awarded against him and c. ib. Remissio Recordi Entry where the record was remitted to the Judg at Lanc. upon a forreigne voucher 90 Entry where the record

was sent back from the Justices at Chester to the Bench to determine a Forreigne voucher day is given the tenants make default and for that the cause was determined 91 Entry of a Count ad Terminum qui Praet in County Palatine of Chester with the Pleadings 92 S Secunda Deliberatio Entry of a writ of Second Deliverance after the goods were taken in Withernam and the Defendants attorny was compelled to gage deliverance 93 Scire Facias Entry of a Scire Facias upon a recognizance against sureties in replevin after Averia elongat retorned 95 Entry of a Scire fac after a judgment reversed in writ of false judgment upon a Record in Dtinue 97 Entry of a Scire Fac directed both to the sheriff and Coroner to levy a debt upon a Fieri Facias and not paid at the retorne of the Fi Fac. 98 Entry of a Scire Fac. upon a generall pardon after a capias ut lagat wherein are speciall pleadings 110 Entry of a count in debt upon a generall pardon 100 Entry of a Scire Facias upon a recognizance where one of the defendants is dead and the other prayeth imparlance ib. Entry of a Scire Fac. against the Tenant by Elegit where part of the debt is levyed the residue brought And a delivery awarded 101 Entry of a Scire fac awarded in Aide 102 Scire Facias Entry of a Scire fac by an administrator against an executor where the letters of administration are shewed assets confessed to 40 l. and traverseth that he hath Nulla alia bona Replication that he hath more Assets and verdict 102 Entry of a Scire Fac. against an executor of 1 Manucaptor of 3. Manucaptors upon a Recognizance in debt judgment against the Principall Speciall pleadings 104 Entry of a speciall bar to a Scire fac against the executor to have execution de bonis propriis after a Devastavit retorned wherin judgment is for the Defendant after demurrer 109 After plene administravit plea●ded assets are found and judgmen-thereupon the sheriff retornes a Deo vastavit such Spe. Devastavit ●n 1 good plea. 11● Entry of Scire fac against an executor upon surmise that the executor had wasted the goods of the Testator after judgment tryall and speciall verdict therein ib. Entry of a Bar to an alias Scire facias upon Recognizance in priviledg where one makes default and the other pleads payment issue non solvit ib. Entry of a Scire fac against Ter-tenants upon judgment in debt after death of the obligee the recovery recited Elegit awarded de medietate terrarum 112 Entry of a Scire fac upon a Recognizance the defendant pleads a feoffement made of the lands c. before judgment c. and prayeth Iudgment The plaintiff saith that the Lands are held in Fee simple and Traverseth the feoffment 113 Entry of a Scire fac upon baile to make deliverance after gage deliverance of Cattle in Court against Manucaptors because the Conusee had not made deliverance Iudgment by nichil dicit ib. Entry of the like Scire fac against Manucaptors c. 114 Entry of a Scire fac upon a Iudgment in a Writ de Droit de Gard. Entry of a Scire fac upon Iudgment in detinue for Cattle ib. Entry of a Scire fac against an heire upon Iudgment against his father in Debt and an Elegit awarded 115 Entry of a Scire fac against an heire upon Iudgment against his father in the time of another King ibi Entry of a Scire fac against the Ter-tenants of lands descended to G. in Feesimple from W. his father and which were of the said G. 12. F. test of the originall 116 Entry of a Scire fac at the suite of an executor against an heire upon a Iudgment against the father viens per Discent pleaded in bar replication Assets per discent at the test of the Scire fac 111 Entry of a continuance of a Scire fac 118 Entry of a Scire Fac. by the surviving Administrator of the goods of the first intestat not administred by the first Administrator ib. Entry of a Scire fac to have execution de bonis propriis upon a devastavit retorned post Annum diem ib. Entry of a Scire fac brought by the executor against the administrator at the full age of the executrix upon a Iudgment had against the intestat by the administrator during the Minority of the Infant ib. Entry of a Scire fac against ter-tenants 119 Entry of an alias Scire fac against the Administrator upon Iudgment against the intestat 120 Entry of a Scire fac with a Capias testat thereupon awarded ib. Entry of an Alias Scire fac upon Iudgment had against the Principall upon originall in debt out of the common Bench. ib. Entry of an alias Scire fac where the first terme 122 Entry of a Scire fac upon a recovery in Dower against the ter-tenants for the value of the Damages ibi Entry of a Scire fac upon Iudgement had against 4. executors whereof 2. onely appeared and those only amersed 124 Entry of a Scire fac by a new Administrator during the minority c. of goods not administred by the first administrator upon a recovery by the first administrator Iudgment by nihil dic 125 Entry of a Scire fac to have the penalty given by the statute of 23. H. 6. cap. 11. against a sheriff for levying more monies upon a town for Knight service then the towne was taxed 126 Entry of a writ of Attachment issued out of Parliament to heare a bill to the same Parliament 127 Entry of a plea of speciall Bastardy pleaded in Bar to a Scire fac to have execution upon a fine demurrer thereto and judgment for the demandant ib. Entry of a Scire fac wherein execution was awarded at the Assize upon the tryall before the day in the Bench. 148 Entry of a Scire fac wherein aide is granted by the King to execute a fine ib. Entry of a Scire fac brought by the K. upon a judgment in Assize of Darreigne presentment had by the King by reason of the wardship of an Ideote Defendant pleads that the Lessor was respited untill 8. Hill for the default of the recognitors and judgment therein against the King ib. Entry of a Scire fac brought by the Tenant in Recovery to have execution of lands in value against the voucher 130 Entry of a Scire fac wherein judgment is given against the Pla. in execution of a fine ib. Entry of a Scire fa upon an indictment in debt where the defendant before execution fradulently convayed his lands with intent to defeat the plaintiff ib. Entry of a Scire fac for damages in an Assize of fresh force 131 Entry of a Scire fac against the sheriff for taking insufficient pledges in Repleg Entry of a Scire fac and judgment herein superseaded for that the def was in the Kings custody ib.

and lawfull Knights of his County and in his proper person came to the same Court of the said G.W. and in full Court there held the tenth day of May An. c. 13. abovesaid and caused to be recorded the Plaint aforesaid which was in the same Court without the Writ of the said Lady the Queen between the parties aforesaid in the Plea aforesaid And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court of those who were present at the same Record And had prefixed the same day to the parties aforesaid that they should be here to proceed in the same Plaint as shall be just And now here at this day came as well the same Marquesse by Rich. Lee his Attorney as the same Eliz by W. Plomer her Attorney Judgment that the cause is insufficient to remove the cause and a writ of Procedendo is granted whereupon the cause aforesaid being seen in the Writ aforesaid recited It seemed to the Justices here that cause to be insufficient in Law to remove the Plaint aforesaid out of the same Court of the said G.W. of his Mannor aforesaid And that the Court of the Queen here ought not to take Cognizance of the Plea therein And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid Therefore it is considered that the same Bayliffs notwithstanding the Writ aforesaid in the Plaint aforesaid according to the Law and Custome of the Mannor aforesaid at the prosecution of the said Marquesse proceed with effect and that they exhibit to the parties aforesaid full and speedy Justice therein according to the custome of the Mannor aforesaid c. P. 11. Iac. Rot. 2215 ss Entry of a writ of Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damages in the plaint are under 40 ● The Lord the King sent to the Sheriff of Lincoln his Writ closed in these words Iames by the Grace of God c. to the Sheriff of Lincoln greeting We command you that taking with you four discreet and lawfull Knights of your County In your proper person come to the Court of Edward Dymock Knight of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court without our Writ between I. c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said And have that Record before our Justices at Westm Mense pas under your Seal and the Seals of four lawfull men of the same Court who shall be present at that Record and that you prefix the same day to the parties that then they should be there to proceed in the same Plaint as shall be just and have you the names c. Teste c. because the same Defendant for the favour which the same Plaintiff hath in the same Court cannot have Justice there as it is said Let execution be done upon that Writ if the cause be true and the same Defendant shall desire it or otherwise not And now here at this day to wit at the same Mens pas I. L. Knight Sheriff of the County aforesaid returned that he by vertue of the Writ aforesaid took with him I. D. R. R. I. D. and F. Fenn four discreet and lawfull men of his County in his proper person came to the Court of Edward Dymock aforesaid and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ And the Record thereof hath before the said Justices here at the same Mens pas under his Seal and the Seal of I. Hart R.S.I.N. and W. Stoke four lawfull men of the same Court who were present at that Record and prefixed the same day to the parties that then they should be here to proceed in the Plaint aforesaid as should be just Horncastle cum Soca ss At the Court of Pleas of Edward Dymock Knight Tenant or Farmer of the Reverend Father in Christ H. Bishop c. held such a day and year c. T. complaineth against W. late of c. of a Plea of Trespasse upon the case Pledges to prosecute Io. D. R.Ro And now here at this day came the same T. by R.O. his Attorney Cause alledged for a Procedendo because the damages exceed not 40 s. and the Common Bench cannot take cog●izance of the plea. and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings And for that cause prayeth a Writ of the Lord the King de procedendo in this behalf to be granted him And because the same W. nor any other on the behalf of the said W. came not nor alledged any thing in Court here to the contrary for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint do not amount to forty shillings in which case it belongeth not to the Court here to hold Plea thereof It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid may further proceed in the Plaint aforesaid between the parties aforesaid Therefore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid that they further proceed in the Plaint aforesaid according to the law and custome of his Soak of the Mannor aforesaid the same Writ of the said Lord the King Procedendo aw● ded non obstante c. before therein to the same Sheriff directed notwithstanding And that they exhibit full and speedy justice therein to the parties aforesaid according to the Law and custome of his Soak of the Mannor aforesaid should be to be done c. Allowance H. 3. I. Rot. 220. c. Brownlow Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity The Lord the King sent to his faithfull and beloved George Kingesmill Knight one of the Justices of the said Lord the King of the Common Bench his Letters Pattents in these words James by the Grace of God of England Scotland France and Ireland King Defender of the Faith To the Treasurer Chancellor Chamberlain and Barons of our Exchequer And also to our faithfull and beloved George Kingesmill one of our Justices of the Common Bench greeting Know yee that we considering the debility of the body of the said George K. broken with infirmities and old age And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench which he is wont to undergo as in the Letters Patents c. And

the premisses And further to do and receive what our Court shall consider of in this behalf then you cause the same Francis to be delivered out of prison upon such baile to prosecute his Attaint aforesaid witnesse our selfe at Westminster the ninth day of November Anno 2. And hereupon here came R. G. Knight and A K Esquire in their proper persons and undertook for the same Francis that he here at the Term in the sayd Writ of Attaint contained and so from day to day at every day of the plea therein untill judgment be given therein should appear and that the same F K. should prosecute his Writ with effect and if it shal happen judgment against him to be given in this behalfe that hee shall render himselfe to the prison of the Lady the Queen of the Fleet there for the occasion aforesayd to stay untill c. to wit each of them under the penalty of 200 l. which each of them acknowledgeth to be levyed of their Lands and Chattles to the use of the said C. If it shall happen the sayd Fr. K. not to prosecute her writ aforesayd with effect or at any day of the Plea aforesaid therein to make default or that judgment therein be given against him shall not render himselfe to the Prison of the Fleet in the same untill hee shall have satisfied the same C. for his damages aforesaid to abide c. And in the meane time the said Fr. is dismissed from the custody aforesaid by bayle aforesaid And also the sayd Ro. and Ant. undertook to wit each of them in 200 l. for the same Fr. that the same Fr. shall render himselfe to the Prison of the Lady the Queen of the Fleet and satisfie the said Lady the Queen of that which belongeth to her if the Attaint aforesaid shall passe against the said Francis Dismissed upon baile or that the same Francis shall not prosecute his writ aforesaid therein And further that the same Francis shall do and receive what the Court of the said Lady the Queen shall consider in their behalfe which said 200 l. both of the Manucaptors aforesaid acknowledged to be levied of their Lands and Chattles aforesaid to the use of the said Ric. If it shall happen the said Fr. K. in any of the premisses to be don do make default towards the Lady the Queen And in the meane time the same Fr. is dismissed from the custody aforesaid by the bayle aforesaid c. Afterwards to wit the 11. day of February then next following came here in to the Court the same Christopher in his proper person and acknowledgeth that he is satisfied of the same 200 l. above to him acknowledged therefore the same Ro. O. and Ant. K. of the said 200 l. to the same C. in forme aforesaid acknowledged are quiet Satisfaction c. Commitment P 23 H. 7. rot 284. James Hobert who followeth for the Lady the Queene came here in Court the 10. Speciall commitment for levying of a Fine in the name of another person which had first refused to a knowled day of May An. 13. Reg. nunc and gave the court here to understand that whereas R. T. others the 4. day of Ianuary An. Regni R. nunc 13. out of the court of Chancery of the Lord the King here to wit at Westminster had prosecuted 4. severall Writs of the said King against Miles Harconet Esq and Ann his wife to the Sheriffe of the county of Oxon. Leci Sussex and Surr. severally directed by which said writs so directed to the Sheriffs aforesaid the King commanded that justly c. they should hold to the said I. T. and R. covenants between them made of the Mannor of E in the county of G. and of the Mannor of D. in the county of Leic. And of the Mannor of P in the county of Sussex and of the Mannor of D. in the county of Surr. whereupon the said Miles and Ann. the third day of February Ao 13. abovesaid before Io. Vavasor one of the Justices of the Lord the King of the Bench the said I. U. then having power to receive the acknowledgment of such Fine between the said Miles and Ann and the same Ro. Io and T. of the Mannors and Tenements aforesayd with the appurtenancus at Shorditch in the county of Midd. the same Miles being examined made his acknowledgment there and the same Ann to make any acknowledgment in the premisses that any Fine from thence afterwards might be levied upon her acknowledgment then and there altogether refused and denyed And afterwards the said Miles and Iohn Mill of London Gent indevouring the sayd Ann malitiously to hurt disinherit and defraud falsely and fradulently stirred up and councelled a strange woman to assert and affirme that she was the wise of the said Miles and shee under the name of the said Ann Wife of the said Miles acknowledged upon the Writs aforesaid that a Fine upon her acknowledgment and the acknowledgment of the said M. as afore is sayd taken and recorded might be made and levied By pretext of which said counsell and exitation to the said Io. Mill the sayd strange Woman under the name of Ann the wife of the sayd Miles afterwards to wit the 8. day of February before the said Io. Vava c. at Bedlam in the Parish c. at the instance and request of the sayd Miles and Io. Mill came in their owne persons And then and there the said strange woman falsly deceitfully and maliciously under the name of Ann wife of the said Miles acknowledged the Mannor and Tenement aforesaid as in the concord with warranty of Miles and his heires against all men to the disinheritance of the sayd Ann and her heires in contempt of the Lord the King now and pernitious example of his Leige People the said Iohn Vavasor then perceiving she the sayd woman not to be the wife of the said M And prayeth that the say Miles Io M. and the said strange woman may be punished to the example of others And prayeth processe may be made against them to be directed to the Sheriff of Midd. to Attach them to answer the said Lord the King of and upon the Premisses And of and upon such things which on the behalfe of the sayd Lord the King shall be then and there objected against them and it is granted to her retornable here upon Wednesday next following At which day here came the said Iohn Mill in his proper person by vertue of the Writ aforesaid taken and brought to the bar And thereupon the sayd Iohn Mill is committed to the Prison of the Lord the King of the Fleet by occasion of the premisses there to stay untill c. M 9. H. 7. rot 295. Attachment was awarded against Pecock to do and receive c. A Commitment for sorging of writ counterfeiting of the Seale and at a day the said I. P. was by the Sheriff brought to the barr

c. And the Kings Attorney informed against him for Forging of Writs and counterfeiting the Seale of the court And Pecock confessed the Forging of Writs but denyed the counterfeiting of the Seale but sayd that the writs were sealed with the Seale of the Kings Bench by the Keeper of that Seale of Fraude c. Ignorantly And he is committed c. Commitment for making of a faigned writ of Supersedeas assevering that he was one of the Judges servants whereas he was not Commitment to the Fleet up on a Cepi corpus upon a Capias velagat with a remittitur into London to answer a plaint there wherewith hee is charged after which the outlawry is discharged and security given in Court to answer the Plaintiffs upon a writ thereupon in debt Commitment to the fleet of one in execution upon a judgment in the Bench. M 8. H. 7 rot 419. the court is informed of a fictitious writ of Supersedias of Privilege for one assevering himselfe to be one of the Judges servants where he was not so And upon examination thereof he is committed to the Fleet And a Fine put upon him to twenty shillings P 19. Eliz. rot 2. ss It was commanded the Sheriffs of London that they should not omit c. but that they should take R. F. of c. Utlawed in London such a day at the suite c. And now here at this day came the same R. to the custody of the said Sheriffe brought here to the Barr And the same Sheriffs to wit A B now returne that they tooke the body c. The said Sheriffs also returned that the sayd R. is detayned in their custody by vertue of a certaine plaint against him the 10 day of May last past levied in the court of the Lady the Qu. before the said A. one of the Sheriffs c. by the name c. At the suit of I. A. and B. his wife in a Plea of Covenant broken whereupon the said R. is committed to the Prison of the Fleet of the Lady the Queen by occasion of the utlawry aforesaid there to stay untill c. And when as the said R. shall be pardoned or otherwise discharged from the Utlawry aforsayd there let him be remitted into the City of London to find sufficient securety in Court here to answer the said I. and B. in the Court here of the plaint aforesaid there levied upon a Writ thereof by them in the court here to be prosecuted c. T 25. Eliz. rot 21.62 ss a Hab. corpus to T. H. in prison c. retornable c. And hereupon came here into the Court one G by B his Attorney prayeth that the said T may be committed to Prison in execution aswell for a certaine debt of 100 s. which c As for 10 s. which c. As it appeareth in Hill terme c. Roll c whereupon that Roll being seen by the Justices here It is demanded of the same T. whether he be the same person which is convicted to the said G. in thed debt and damages aforesaid or not who saith that he is c. Therefore the said T. aswell for those debt and damages as for those occasions in the Schedule aforesaid specified is committed to the Prison of the Fleet safely to be kept to stay there untill c. Commitment of one in execution upon a Sci. fac upon a Judgement H 5. Ia R rot 1757. Isham against Pill untill according to the forme of the recovery aforesaid if c. And here now at this day came aswell the said E by T R his Attorney As the said T. Pill in his proper person under the custody of I. P. warden of the Prison for the prison of the Lord the King of the Fleet by vertue of a writ of the Lord the King of an Hab. Corp. to the said warden directed was brought here to the Barr the Sher. now returneth that the said T Pill bath nothing c. nor is found c. And hereupon the said Eusebius prayeth execution against the said T. of his debr and damages aforesaid to him to be adjudged And the said Tho. Pill saith nothing in Barr or hinderance of the execution of the said E. aforesaid whereby the sayd E remayneth against the sayd Thomas therein without defence Therefore it is considered that the said E. have execution against the said Thomas for the debt and damages aforesayd c. Afterwards to wit the sayd 12. day of February that same Terme came here into the Court the same T. P. in his own proper person under the custody of the sayd warden of the said Prison of the Fleet by vertue of a Writ of the Lord the King of Hab. Corpus to the same Warden directly brought there to the Bar And at the petition of the sayd Attorney of the sayd E. there he is committed to the prison of the Fleet in execution for the debt and damages aforesayd there to stay untill c. M. 37. H. 6. Rot. 124. A Committitur entred of one committed to the Fleet for rasure of a Record in the Common Bench being convicted by his owne confession and afterwards was admitted to a fyne by pledg I. D. and afterwards set at liberty T 27. Eliz. Rot 12. London ss Entry of a Hab. Corpus at a day certaine and the causes certified and he was committed by the judgment Roll without any proces sued of Execution c. And now here at the sayd Thursday the sayd Prisoner in his proper person by the Sheriffs aforesayd brought here to the Bar And hereupon came here in Court W. O. attorny of B and sayth that he to wit in Easter Terme last past recovered here in Court against the sayd W. O. aswell a certine debt of 100 l. as 10 l. which c. whereof he is convicted as it appeareth in Easter Terme Roll. And prayeth that the said W. be committed to the Prison of the Fleet for that occasion Entry of a commitment of a Prothonotaries clerk and of a sheriffs clerk for rasing of a writ of execution in the test return for arresting of the defendant with the same writ before it was new Sealed T. 15 H. 9. rot 112 commit of an attorny for alting a counter-plea of the voucher H. 6. I rot 1002. entry of a Commitment of one P. to the fleet for rasure of a fine and a fine imposed upon him by the Court. H. 16. Eliz. rot 956. Grevills case examinaiion of fraud in the defendatns attorney for suffering a judgment the judgment is vacated and especiall entrey of a judgment New books of entries to 344. title Hab. corpus 1. Harisons case Dyer folio 149. The party in execution suggesteth to the court that the case issued out of the court in Easter term● retornable tres Trin. and that he was not found and that afterwards it was rased in the Test and retorn not sealed again that he was taken in

the same S to amend the said writ in the test and retorne of the same which said Sebastian rased the said writ in the test and retorne of the same And put in the said writ le test 11. die Julii and retorne of the same writ A. die S. Mich. in tres Septim And immediatly after the amendment of the said writ so made the same I F delivered to the said W. Y. that writ so rased and amended but not new sealed and the same I F being asked by the Court here wherefore he caused not that writ to be new sealed said that he knew not whether that said writ ought to be new sealed or not And further the said I. F. said that by vertue of the said writ the same H. M. then being under-Sheriff of the said county of Midd. at the request of the said I. F. in the name of the said executors made made a certaine warrant to take the same T. T. for the debt and damages aforesaid And that the said T. T. by vertue of that warrant was taken in the said County of Midd. and afterwards brought to the dwelling house of L. D. scituate in London there one of the Sheriffs of the same County of Midd. And also the said Sebastian having taken his corporall oath was likewise by the Court here conferred with and examined whether he rased and altered les Testes and retorns of the said writ as aforesaid at the request of the said I. H or not or whether he made any continuance of the same writ in any record or rolle of plea thereof in the same court here remaining or not said that he at the request of the said I. Clerk of the said R. L. his Master rased and altered the said writ in the les Test and retorne of the same as is aforesaid And that he made not any continuance thereof any record or Roll in the Court here here of remaining whereof the roll of the entries of Pleas of Hillary term last past in which term judgment to have execution for the debt and damages aforesaid was entred being brought here into the Court it evidently appeareth and the Court here by the inspection of the said Justices in the roll of Pleas number 941. the said writ had day of continuance from the said tribus Septi S. Trinitatis untill the said tres Septi S. Michi then next following And being by the court there asked who made that continuance und when the same continuance was made it is given to the Court here furrher to understand that one H. S. one of the Clerks of the said R. L. had made it which said I. S present here in court after he had taken his oath being conferred with and by the court here fully thereupon examined said that he the first day of that Terme of S. Michael at the request of the said I made the continuance for that he is one of the Clerks of the said K. L. attending in the Office and entred the Plea thereof in the same Roll 940. And the same W Y. being likewise present here in court and having likewise taken his oath by the same court being examined of and upon the premisses said that he in the beginning of the Term of the holy Trinity last past received by the hands of the said I. H. the writ aforesaid then sealed and long after the end of the terme of the holy Trinity the same I F came to him desiring him the same W to make a certaine warrant upon the same writ to tak● the same T. T. to which said I. F the said W then said that the day of the return of the said writ was then past And further the said I. H. that he should cause any of the Clerks of the said K. L. to amend the test and the retorne of the said Writ And that the same W. afterwards received from the said I. H. the writ aforesaid in Form aforesaid rased and amended but not new sealed And that the same T. T. by vertue of that writ and by vertue of a certaine warrant upon the said writ as aforesaid made was taken and arrested And further the said W. said that the next day betimes in the morning to wit about 4. a clock before noone of the same day by the command of Humphry Moseley his Master came to the house of W. Forrest scituate in Fleetstreet London in whose custody the seale of the Lady the Queen deputed to seal Writs in the Bench aforesaid remained and caused the said Writ to be so sealed Fee for the common Seale in the Bench seven pence and paid for the sealing of the said Writ seven pence to the said W. F. And afterwards to wit the same day the said W. Y. that writ so newly rased and then newly sealed delivered to the said H.M. his Master which said H.M. being likewise present here in Court having taken his oath and by the same Court here being examined of and upon the premisses said that he at the time of the taking and arresting of the said T.T. knew no otherwise but that the writ so rased Commitment of the offendors to the Fleet. was sealed of new but as soon as the same H had understood that the same writ after the alteration of the same was not sealed of new said to the said W.Y. his Clerk that he should cause the same writ to be sealed And thereupon the same W. Y. caused the same VVrit to be sealed the same H further said that hee having the writ aforesaid sealed of new at W in the County of M that Writ to the same T. T. then and there being under the custody of the same H shewed and read it The plaintiffs examined in ihe Court whether they were consenting to the alteration or not The Plaintiffs pray that the Defendant may ce committed in Execution by force of the Writ or of the record of the Judgement in Court if it may be by the Law af the Land and the same T. by vertue of that writ to one P. delivered to be safely kept in the prison of the said Lady the Queen for the debt and damages aforesaid and hereupon the same I F S T and W Y present here in Court by occasion of the premisses are committed to the prison of the said Lady the Queen of the Fleet there to abide untill c. Afterwards to wit the third day of November then next following the said then Sheriff of Middlesex came here to the bar and brought the Writ aforesaid together with the body of the same T T under the custody of the said Sheriff being by vertue of the Writ aforesaid detained and the same Sheriff prayeth that the Writ aforesaid here in Court may be filed c. and that he from the custody of the same T T may be discharged c. whereupon the same Executors the same third day of November by the command of the Justices being present here in

upon statute Merchant and upon return nulla bona mobilia And that he is beneficed at D. and awarding of an Extent c. See the Register of Writs fol. 148. An action 147. C. B. F. N B. fol. 131. A. M. 39. H. 6. rot 134. fi fa. de bonis eccliastices H 45. Eliz. Rot. Rot. 1211. Brownlow C. Ebor. ss The Sheriffs were commanded that 400 l. of the movable goods and Chattles of Richard Baitson of B. in the county of York Clerk in the Bailywick without delay they levy and cause to be had to Eliz. M. of the City of York merchant which the same Richard the 9th July Ao. R. nunc 44. before T. M. Mayor of the City of York and Thomas Royston then clerk deputed to take Recognizance of debts according to the form of the statute merchant within the same city acknowledged himselfe to owe to the same E. which he ought to have paid to him at the Feast of St. Michael then next coming and the same to him hath not yet paid c. And in as much c. They should make known here at this day to wit in October Pur. S. Mariae c. And now here at the day came the same Eliz. by James Bry● his attorny here into the court the Recognizance aforesaid which the debt aforesaid in Form aforesaid testifieth And the Sheriff now retorneth that the same Richard hath no movable goods or chattles in their Bailywick wherof they could levy the debt aforesaid or any parcel thereof And that the same Rich. is a clerk and benificed within the Dioces of York to wit at B. aforesaid And that he hath no lay Fee within their Bailywick and hereupon the same Eliz. praveth a writ of the Lady the Queen by the statute c. to the Reverent Father in Christ to Mathew Arch-Bishop of York Primate and Metropolitan of England to be directed and it is granted to him c. And in asmuch c. the same Archb. should make knowne here 15. Trin. the same day is given to the same Eliz. here c. Distringas Distress against the Lord of a mannor in aneient demesnes to hold his court c. Mich. 1. Mariae Rot. 123. entry of a writ of distresse against the Lord of a Mannor of ancient demesnes to hold his court so that the Sheriff recordari fac Loq in a writ of false iudgment upon a writ de recto clause T 3. Ca. Rot. 1887. Pytt Philizer London ss Entrey of a distringas against the Sheriff for returning of Pettit issues the plaintiff prayeth a Test Distringas to a forreigne county that the defendant may be distrained by greater issues omnia issues 10 l. It was commanded the Sheriffs as more times the King had commanded the same Sheriffs that they should destrain the Mayor Cominalty citizens of the city of London otherwise called M C. and C. of the city of London by all their lands c. and that of the issues c. And that they should have their bodys here at this day to witt in Cr. Trin. to answer D. B. widow R. B. Esquire and T. B. gent. executors of the testament of Tho. Bennet otherwise called T. B. the younger citizen and Alderman of London of a plea that they render unto to them 1500 l. which from them they uniustly detaine c. And now here at this day come the same D.R. and T. Bennet by Richard Williams their attorney and offered themselves the 4. day against the said Mayor and Cominalty citizens of the city of London in the plea aforesaid and they came not the sheriffs to wit R. F. and E. Brumfeyld now retorn that the same M. and C. and citizens of London are distrained by their chattles to the value of 40 l. and bayled by I. G. and R. R. Therefore they in mercy and because it is testified in the same court of the Lord the King here on the behalfe of the same executors that the said Mayor and C. and. citizens of London have divers lands and chattles in the county of Surrey Testat distringas awarded to the Sheriff of Surry whereof they may be distrained for better issues of their lands and chattles so that the Lord the King now may be answered of better issues of the lands chattles of the same Mayor Cominalty and citizens of the city of London if the same Mayor and C. C. of the city of London in the same court here will not soone appeare to answer the same D. R. and T. Bennet in the plea aforesaid Therefore it is commanded to the sheriff of Surrey that he destrain the same Mayor and Cominality citizens of the city of London by all their lands c. And that for the issues See the old Book of entries fol. 226. title distresses pl. 4. accord Surry c. so that he may have their bodies here tres Mich. to answer the said Dorothey Rich. and Tho. Bennet in the plea aforesaid c. And it is to be knowne that a writ thereof the Justices here have delivered to Theophi Tipton undersheriff of Surrey present in Court here that same Tearm to execute in Forme of Law c. Elegit M 19. Ja Rot. 1949. Entrey of a writ of Elegit in the same term wherein it was returned not upon the indictment Roll nor upon the Roll of the writ of Scire facias the custom it But note that the writ of Elegit is demanded and adjudged to the enter upon Roll of the entrey of the Scire fac The like form of entrey of Elegit P 10. H. 4. Rot. 140. It was commanded to the sheriff of Derb. whereas lately in the court of the Lord the King now here to wit at Westminster it had been considered that P. Moyl should have execution against Robert Turner Gent. one of the attornies of the Court of the common Bench of the Lord the King here aswell of a certaine debt of 40 l. which the same Prudence in the court of the Lord the King here had recovered against him as of c. which to the same P. in the same court of the King here were adjudged for her damages which she had by occasion of the detayning of that debt whereof he is convicted The same Prudence afterwards came into the same court of the Lord the King here and by the statute therein provided chose to be delivered to her all the goods and Chattles of the same Rob. besids his Oxen and necessaries of his Plough H. 12 Eliz. rot 1470. s. Fylmer T. against L. entry of a Writ of Partition by prec fuit vic P. 12 Eliz Rot 1016. the like upon an extent T. 20. Jac. Rot 2080. B. against M. H. 19 Jac. Rot 3192. S. g. J.T. 1. Ca● Regis rot 569. M. against C. and likewise the moyety of all his lands and Tenements in your Bayliwick to hold to her the goods and chattles aforesaid as her

entred as followeth Afterwards to wit ter die came here into the Court the said W. by the Keeper of the Prison aforesaid to the Bar here brought and saith that he ought not longer to be kept in the prison aforesaid for that the same W. at his owne request and not at the request of the said Plaintiff was committed to the Prison aforesaid and for that cause prayeth that he may be dismissed at large from the prison aforsaid by the Court here The Defendant is discharged out of Prison for that the Plain●iff prayed him not in execution And because the Justices here by due examination in this behalfe made and that it sufficiently appeareth by the Record that the allegation of the said W. is true therefore the said W. by the Court here is dismissed from the prison aforesaid And the said Keeper of the Prison aforesaid by the said court here is discharged from the custody of the said W. c. M 15. Jac. Rot. 2167. e Walter between Willby and Davenant in a Scire Facias against C. and B. Manucaptors in a Recognizance of 740 l. that the said Davenant should appeare to an account of 330 l. at the Suit of the Plaintiff Nota bien and alleageth that the Defendant appeared to an Originall of 330 l. and that afterwards in Mich. 4. Jac. R. nunc the said Davenant was condemned in the said 330 l. and in 80 s. for damages and afterwards that the Plaintiff remitted 25 l. 6 s. 4 d pro ut c. the said Davenant hath not rendred his body in execution for the judgment aforesaid for 208 l 13 s. 9 d. residue of the debt and Damages aforesaid in the same Court neither hath satisfied to the plaintiff for the residue of the debt and Damages aforesaid the Defendant Pleads that the Plaintiff ought not to have execution c. because he saith that after the Judgment aforesaid given to wit the 23 day of January An. 14. abovesaid came here into the Court the same Davenant in his proper person and then and there rendred his body to the prison of the Lord the King of the Fleet in execution for the said 208 l 13 s. 4 d residue of the debt and damages aforesaid against the said Davenant in Form aforesaid Recorded and in discharge of the said severall Recognizances by the severall Manucaptors acknowledged And that the said Plaintiffe then and there altogether refused to receive or Charge the said Davenant in Execution for the said 208 l. 13 s. 4 d. And this they are ready to verify c. the Plaintiffe protesting saith that he never refused c. And for that he did not render his body pro ut c. issue per Pais And it was moved by Serjeant A. that the same ought to be tried by the record and not by the county See Easter 6. H. 8. Rot. 432. And in this case divers presedents were shewed as well of Ancient as of moderne times M. Easter 12 H. 8 Rot. 324. and Easter 29. Eliz. Rot. 651. T. 12 H. 8. Rot 331. Easter 6. Ja. Rot. 105. such rendring their bodis in execution in discharge of their Manucaptors but note that there is no tender but to discharg the bail See M. 27. ort 37. Eli. Rot. c. Trin. 16. Ia. Rot. 786. tender of the body in execution to discharge the baile P 14. Ia. Rot 2175. W. against B. who tendred himselfe in execution in discharge of his sureties the Plaintiff praies him in execution and the Court will advise themselves of such commitment for that a writ of Error was brought and the Record with the Recognizance certifyed away but at length he was committed in execution notwithstanding the writ of Error in discharge of his Sureties H 9. H. 5. Rot. 461. Henster Bristoll ss Extent upon a Statute-merchant by an Executor It was commanded the sheriff that he should take the body of W. C. late Burgesse and merchant of the Town of Bristoll if c. And in the prison of the Lord the King safe c. untill he shall have fully satisfied unto R. Scot and William Scot executors of the testament of Iohn B. late Burgesse of the Town of Bristoll of 120 l. which the said W. Coombe the third day of Aprill An. R. Rich post conques se 5. before W. C. then Mayor of the City of B. and I W. then Clerke deputed to take Recognizances of debts at B. acknowledged himself to owe to the said I. B. And which they ought to have paid him at the Feast of the apostles Philip and Jacob then next and the same to him as yet c. and in asmuch c. he should make knowne to the Justices here at this day to wit in Oct. Pur beat Mariae c. And now came the said Thomas Stanford on the behalfe of the said executors And the said W. Combe came not and the sheriff retorneth that he is dead and hereupon the said Thomas Stanford prayeth a Writ thereof by the statute c. and because the Justices here are not yet advised whether they ought to grant that Writ at the petition of the said Thomas in this case or not 2 R. 3 f 8 Pl. 16. P. 2 Eliz. Dyer f. 180. Pl. 49 H. 18 E. f. 10. Pl. 35. against this Sci fa● day therein is given to the said Executors by the said Thomas here untill 15. Pas At which day here the said Thomas Stanford and T. B and I B. who answer for the said Executors as their attornies by writ of the Lord the closed directed to the Justices here to them delivered and pray a writ by the statute And because the Justices here are not yet advised whether that writ ought to be granted at the petition of the said attornies Dyer f. 180. 49. e con●r quaere in this case or not day is given therein to the said Executors by their attornies here untill in Octo. S. Trin. At which day here came the same Executors by the said Thomas Stanford their attorney and they bring here into Court the statute aforesaid and also the letters Testamentary of the said Io. Barstable by which it sufficiently appeareth to the Court here the said Robert and William to be the Executors of the Testament of the said I. B. and thereof to have the administrations c. and pray thereof a writ by the statute c. and to them it is granted retorneable here A die S. Mich. in un Mensem c. and in asmuch c. the sheriff should make known here at the same Term c. before which day the Plaintiffe aforesaid remaineth without day for that the Lord Hen. late King of England the 5 after the conquest dyed afterwards to wit in the Term of S. Hil. An. 1. Hen. 6. now King of England after the conquest namely the same W. Scot executor by the same Thomas Sanford his attorny and for that the same W. S.

also the same Richard had promised and by his said writ covenanted to and with the said Hugh to redeliver the same goods and chattels to the same Hugh Beeston or his assignes within the space of one Moneth after warning thereof to the said Richard given as by the writing aforesaid fully appeareth And the same Hugh in Fact saith that he after the making of the writing aforesaid and before the day of exhibiting of the same bill to wit the 9 day of Feb. An. 16. c. at London in the parish and ward aforesaid requested the said Richard to deliver to the said Hugh the same goods and chattels within the space of one moneth then next following after the warning aforesaid in Form aforesaid given according to the Forme and effect of the writing aforesaid And so the same Richard although often requested the covenant aforesaid In that the same Richard should redeliver to the said Hugh the same goods and chattels within the space of one moneth after warning to him thereof given hath not held but broken and the same to him yet to hold gainesayd and yet gainsayeth wherupon he sayth that he is the worse and hath damage to the value of 30 l. In such sort it is proceeded in our said Court and that the said Hugh his damages by occasion of the breaking of the Covenants aforesaid in not delivery of the goods and chattles aforesaid to wit one Fether bed one long Table c. of the goods and chattells aforesaid against the same Richard ought to recover But because it is unknowne what damages the said Hugh hath sustained by occasion of the breaking of the covenant aforesaid in not delivering the goods and chattles aforesaid we command you that by the oath of honest c. you diligently inquire what damages the said Hugh sustayned aswell by occasion of the breaking of the covenant aforesaid in not delivering of those goods and chattells as for his costs and charges by him about his Suit in this behalfe laid out And the Inquisition c retornable upon Thursday next after the morrow of S. Martin under your Seales c. And the seales c. damages 8 l. charges 26 s. 8 d. increase 4 l. 7 s. 4 d. in whole 14 l No judgment was entered because the Parties agreed H 18. I. Rot. 568. Devon ss Entry of a Writ of Inquiry in case for sees for suing forth of a Writ of covenant Whereas Iohn Blachford was attached to be in our court before our Just ces at Westminster c. to answer Iohn Hore Gent. one of the attornies of the court of common Bench for that that whereas the said Io. here the 28. day of Sep. An. c. 12. was and alwaies hitherto is one of the attornies of the bench aforesaid and so being one of the attornies of the same Court the same Io. Blachford the said 28. day of Sept. An. 12 above said at Chagford in consideration that the same I. Hore at the speciall instance and request of the same I. Blachford would be the attorney of one Tho. Wise Knight and to prosecute for the same Tho. out of our court of Chancery a certaine writ of ours of covenant of and for levying of a Fine in our said Court of the common Bench between the said Tho. and certaine O. W. Esquire and Margaret his wife of certain lands with the appurtenances in W. and D. in the county aforesaid and a certaine other Writ of ours of Dedimus Potestatem to certaine F. F. Knight H. C. Gent. and I the same I. Hore to be directed to acknowledg the Caption which the same Oliver and Margaret before them or two of them should make of the same lands that a Fine thereupon might be had according to the course of Fines at the common Law of our Realm of England assumed upon himselfe and to the said Iohn Hore then and there faithfully promised that he the said Iohn Blachford all expences which the same Iohn Ho. in and about the prosecution of the Writs aforesaid the levying and ingrossing of the Fine aforesaid and other things which in that behalfe should be requisite and necessary to be don should expend and deposit And also 3 s. 4 d. for his attornies Fee For every Terme wherein the same John Hore should be the Attorney of the same Thomas Wise in and about the prosecution of the businesses aforesaid when thereof he should be required well and faithfully would pay and content And although the said John Hore giving credit to the promise and assumption of the said John Blachford afterwards to wit the 6. day of October An. 12. abovesaid the said Writ of Covenants of the lands aforesaid to wit of 1. messuage 1. Garden one orchard 200. acres of land c. with the appurtenances in W. and T. under the name of the said T. W. against the said F. Whi. and Margaret his wife before the Justices of the Bench in Oct. S. Hillar then next following retornable and retorned And the 7. day of the said month of Octo. the aforesaid other writs of Dedi Potestat of our said Court of Chancery to the same Fr. F. Kt. H. C. and to the same I. H. directed was likewise prosecuted and a Fine thereupon before our said Justices was in due manner had levied ingrossed And a Fine therupon according to the common Law of our Realm of Eng. was levied And all and singular other things which in that behalf were necessary and expedient to be don did and performed And was attorney for the said Thomas in that cause in the Term of S. Michael An. 12. abovesaid and in the Term of S. Hillary then next following and 6 s. 8 d. for his Attorneys Fee in the same Terms were due to the same I. Hore and the same John 78 s. 2 d. in and about the bringing and prosecution of the same Writs and levying and ingrossing of the said Fine and in doing all and singular other things which in that behalf were necessary and expedient to be done in and about the premisses laid out and deposited which said severall summes in the whole doe amount unto 84 s. and 10 d. neverthelesse the said I. B. his promises and assumption aforesaid not regarding but indeavouring and fradulently intending him the said J. Hore of the said 84 s. 10 d. craftily and subtilly to defraud the same 84 s. 10 d to the same I. H. according to his promise and assumption aforesaid hath not paid although to this by the same I. H. afterwards to wit the 20. day of March An. c. 14 s. at Chagford aforesaid was requested but the same to him heitherto to pay hath denyed yet denyeth c. In such sort it is proceeded c. damages 6 l. mi. 20 s increase 6 s. in whole 8 l. Liberari Facias P 4 Eliz. rot 1919. H 32 Eliz. rot 1606 Heref. ss Entry of a w●it of Liberari fac to the

together and und●videdly doe hold 20. Mes 6. mills 20. Gardens 2000. acres of land 500. acres of Meadow 1000. acres of Pasture 2000. acres of wood 2000 acres of Furs and heath and 500. acres of land covered with water with the appurtenances in Balcombe Tuck-feild Slewham Crawley and Porth the same Walter to make partition thereof between them according to the Forme of the statute in such case provided gainsayeth and unjustly permited not the same to be don and against the Form of the statute aforesaid And the same Walter in the Court of the King here well granteth that partition thereof be made by which it was considered in the same Court of the Lord the King here that partition should be made between the parties aforesaid of the Tenements aforesaid with the appurtenances That taking with him 12. Free and lawfull men of the neighborhoods of B. C. S. C. and W. by whom c. he should come in his proper person unto the Tenements aforesaid with the appurtenances and in the presence of the parties aforesaid by the same Sheriffe to be premonished if they will be present the same Tenements with the appurtenance by the oath of honest and lawfull men of his county respect being had to the true value of the same Tenements with the appurtenances he should cause to be parted into two equall parts and one part of the s●me Tenements with the appurtenances to the same Edward and the other part of the same Tenements with the appurtenances residue to the same Walter to hold to them in severalty he should cause to be delivered and assigned so that neither the said Edward nor the same Walter may have more of the Tenements aforesaid with the appurtenances then belongeth to them to have and that the said Edward of his purpart to the same Edward out of the tenements aforesaid with the appurtenances hapning And the same Walter of his purpart to the same Walter out of the tenements aforesaid with the appurtenances hapning may severally apportion themselves and that partition by the same sheriff distinctly and openly made he should make appeare here in Oct. S. Mich. under his seale and the seales of them upon whose oath that partition shall be made and that he should have here the names of them upon whose oath he should make that Inquisition and that writ And now here at this day came the same Edward by Robert Moyle his attorney and the sheriff to wit Nicholas Eversfeild Esq now retorneth here a Certaine partition between the parties aforesaid of the tenements aforesaid by the same sheriff before him by vertue of the writ aforesaid and according to the Form of the said writ by the oath of 12 c. made which followeth Sussex ss I. N. E. sheriff of the county aforesaid to the Justices of the Lord the King do certifie by vertue of a writ therein to me directed and to this schedule annexed the seventh day of August An. c. 18. See the new book of Entries title Partition fo 411. such a form took with mee I. F the elder I. F. the younger and ten others twelve Free and lawfull men of the Neighbourhoods of B. C. S. C. and W. in the same writ specified I came in my proper person to the tenements in the same writ specified to wit to 20 Mess 20. Gardens 2000. acres of Land 500 acres of Meadow 1000. acres of pasture 2000. acres of Wood 2000. acres of Furze and heath and 500. acres of Land covered with water in B. C. S. C. and W. in the same writ mentioned And there by their oath respect being had to the true value of the Tenements aforesaid with the appurtenances in the presence of the parties in the same writ named by me the same sheriff premonished the same Tenements into two equall parts with the appurtenances I have made to be parted and one part of the Tenements aforsaid with the appurtenaces to wit one Capitall Messuage or mansion house called T. with the appurtenances c. and so receite the parcells c. I have caused to be delivered and assigned to Edward Culpeper Knight in the same writ named for his purpart of the Tenements aforesaid to hold to the same Edward in severalty by himself as by meets and bounds they are now divided And an other part of the same Tenements with the appurtenances that is to say one Messuage called the glovers house otherwise Gardners farm c. And so receit the other particulars c. 2. Part. I have c●used to be delivered and assigned to Walter Covert Knight in the same writ likewise named for his purpart of the Tenements aforesaid to hold to the same Walter in severalty by himself as by meets and bounds they are now divided so that the same Edward of his purpart of the same Edward out of the Tenements aforesaid with the appurtenances hap●ing And the same Walter of his purpart to the same Walter out of the Tenements aforesaid with the appurtenances in Form aforesaid hapning may severally apportion themselves as by the same writ it was commanded to me in Testimony whereof aswell I the same sheriff as the Jurors aforsaid to this partition have severally put our seales the day and yeare abovesaid Judgment that the pa●tion be held f●●m amd stable Therefore it is considered that the partition aforesaid be held Firm and Staple for ever Note that at the retorn of this writ of particion Hickham the Kings Serjeant at Law and of councell with the defen Sr. Walter Covert Knight came to the bar and moved that the partition might be quashed and that a new Writ to make partition might issue For that the partition was not Legally made by the sheriff And upon much debate in Court the 4 Judges Hobort Warborton Winch and Hutton ordered Sr. Walter Covert to pay to Sr. Edw. Colpeper 3500 l. for his part wherewith the parties are agreed and Sr. Walter Covert in joyed the lands aforesaid and the writ was not Filed nor the judgment entred but I added it to the partition because of the presedent Plur. Replegiare M 6. 7. Eliz. Rot. 423. Entry of a wr● of Plur. replegiare Otherwise as it appeareth in the time of the holy Trinity An. 6. Regin nunc Rot. 621 It is thus contayned Derb ss It was commanded the sheriff that whereas of late the Qu. had more times commanded the said sheriff that instantly and without delay he should make replevy to M. S. widow a certaine oxe which E. T. and W. T. took and unjustly detayned c. Or the sheriff of the County aforesaid should be before the Justices of the said Lady the Queen here to wit at VVestminster in Oct. S. Mich. An. 4 Reg. nunc to shew wherefore he contemned to execute the command of the Lady the Queen so often to him therein directed And the same sheriff to the Justices of the said Lady the Queen here at the day of the retorne that

of the Rolls of our chancery allowed c. Entry of a writ of attachment of priviledge in the Common Bench for an attorney of the same Bench in debt against 2 severall persons severally M 19 Iac. rot 2948 Brownlow Lincolne ss The Sheriff was commanded that he should attach T B. clerk and L E clerke so that hee should have them here upon Satturday next after the morrow of all Soules to answer R Clarke Gent. one of the Attornyes of the court of the Lord the King of Common Bench here according to the liberties and priviledges c. in a plea of Debt severally And now here at this day came the said Robert in his proper person and offered himselfe against the said T and L in the plea aforesaid and they came not and the sheriff to wit T T Esquire now returneth that he by vertue of the writ aforesaid to him directed tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready as by the said writ it was commanded him Cedi corpus returned and because the same sheriff the bodies of the same T and L now here at this day hath not ready therefore the same sheriff to wit the same Tho. T Esquire in mercy c. and he is fined by the Justices here at forty shillings and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san Martini the bodies of the same T and L whom c. to answer to the same Robert in the plea aforesaid and the same sheriff to wit T.T. Esquire now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne so languishing that he could not have their bodies here at this day without perill of death as by the said writ it was commanded him c. And hereupon in the same Court of the King here on the behalfe of the said Robert it is testified that the same T and L are sound and whole and able to travell therefore it is commanded the same sheriff that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary bringing with him the same T and L whether they be found or infirme to answer to the same Robert in the plea aforesaid and that he omit nothing herein under the penalty of 20 l. which if he shall not do the sheriff shall know he is to loose c. Duces recum awarded under the penalty of 20 l. Procedendo H 35. H. 8. Rot. 318. ss A Procedend awarded in a plea of lands to be removed out of an inferiour Court by Recordare Whereupon the cause aforesaid being seen alleaged by the same B. to remove the Plaintiff aforesaid in the writ aforesaid above specified It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B of her mannor of B. with the Soke aforesaid in the court of the same E. B. and upon the plaint aforesaid ought to proceed c. Therefore it is considered that the said Brian notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed he may proceed in the plaint aforesaid with effect And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid c. M 8. H. 4. Rot. 114. Procedendo Rege inconsulto In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant by act of Parliament that the Tenements of the demandant came to the Kings hands and prayeth judgment si Rege in consulto c. And the King sent his writ de procedendo therein directed to the Justices that the Tenant plead de novo with the demandant c. H 13. Jac. Rot. Brownlow London ss A Procedendo after much debate granted upon a speciall return made upon a Hab. cor upon the custom of London concerning Prentices their ages and their Indentures between them and their Masters Indenture void if the Prentice be not of the age of fourteen years when he was bound An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice c. Test 28. Nov. 13. Iac. by H. Hobert Execution c. ss London ss we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew London do certifie that c. Prohibition BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand Prohibition to the Court of Stanneries in the County of Cornw for holding plea of maters which contcern the Stanneries Suggestion That whereas by the lawes statutes of the Realme of the Lord the King of England it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall or Keeper or Keepers of his place for the time being may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries neverthelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I against the lawes of the Realm of the Lord the King of England In the stannary court of the Lord the King of F in the said county of C before the Substeward of the Stannary Court aforesaid or deputy or Keeper of his place in the Court aforesaid or any of them in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon supposall that the said L. was receivour of the monies of the said I. C. the Father and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M to render an account thereof to the said I. C. drew into plea And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses and to answer the said C. of and upon the premisses

Plaintiff and Defendant come by attorny And there upon the same David prayeth execution against the same John for the said 20 l. by him in Form aforesaid acknowedged to be levyed of his lands and Chattles and against the same Bartholomew for the said 20 l. c. and so against the rest severally And the same I. B. W. and H. pray liberty to imparle untill Cr. Tri. and have it c. The same day is given to the same David here c. Execution prayed severally PAsch 9. Jac. Roll 349. Walter Devon ss It was commanded the sheriff because in the record and proceedings Scire facias after a judgment reversed in a writ of false judgment upon a Record in Detinue and also in commencing of a certain plaint which was in the hundred of N. C. Esquire of N. without writ of the Lord the King between I. C. W. H. in a plea of detinue of corne which the same I. C. demanded of the same W. a writ of false judgment was given against him in the said plaint as the King is informed by the grievious complaint of the said William and as by the inspection of the Record proceedings in the cause aforesaid which the said Lord the King now caused to be brought before his Justices at Westminster sufficiently appeareth that false judgment was given against the same William in the plaint aforesaid For which in the Court of the Lord the King now here before his said Justices it was considered that the judgment aforesaid should be revoked nulled and altogether taken for nothing Judgment reversed And that the same William should be restored to all things which he had lost by occasion of the judgment aforesaid Notwithstanding because the said Io. Clerk after the judgment aforesaid in the hundred aforesaid given and by force thereof and pretence of a certaine judiciall precept issuing out of the hundred caused to be don and levyed upon one Cow of the same Willam 39 s. 11 d. for the value of the said Corne to wit for eight bushels of Rye and 12 d to the same Iohn for his costs and charges which he had and sustained by the occasion of the detention of the corne aforesaid in the hundred aforesaid adjudged And thereupon the said Cow was sold by which occasion the said Iohn Clark of the said 39 s. 11 d. for the value of the said corne and of the said 12 d. for his costs and charges aforesaid in the hundred aforesaid by vertue of the judgment aforesaid recovered was and is satisfied as by the relation and information of the said William the Lord the King is informed and understands And because c. that by honest c. he should make knowne to the said I. C. that he should be here at this day to wit Men. Pas to shew if any thing c. Wherefore the Cow aforesaid or the value of the same or the said 10 s and 11 d. in Form aforesaid recovered Scire facias to have restitution ought not to be restored and repayd unto the said William according to the Form and effect of the said judgment in the said Court of the said Lord the King now in Form aforesaid if c. And now here at this day came the same W. H. by R. S. his attorney and offered himselfe the 4 th day against the said I. C. in the plea aforsaid and he being solemnly called came not and the sheriff now retorneth that he hath nothing Alias Sci. fac awarded c. nor is to be found c. Therefore as before it was commanded the sheriff that by honest men c. he shall make known to the said I. C. that he be here in Cr. Trin. to shew in Form aforesaid c. PAas 13. Jac Rot. 774. Brownlow Civit. Covent ss It was commanded the Coroners of the City aforesaid whereas the King had commanded the late sheriff of the City aforesaid that of the lands and chattls of H. L. late of D. in the county of Cest Gent. in their bayliwick they would cause to be made aswell a certaine debt of 150. Scire facias directed to the Coroners and Sheriffs both to levy a certaine debt upon a fi fac and not payed to the party at the returne of the fi fac l. which H S. in the Court of the King here to wit at Westminster recovered against him as 30 s. which to the same H. in the same Court of the King here were adjudged for his damages which he had by occasion of detayning of that debt and that they should have those monies before the Justices here to wit at Westminster 15. Marti last past to render to the said Humphery for his debt and damages aforesaid whereof he is convicted at which day here to wit at Westminster aforesaid came the same H. by G. B. his attorney and the sheriffes to wit T. L. and I. B. then retorned that they by vertue of the said writ to them directed of the Chattles of the said H. have caused to be made 125 l. parcell of the debt and damages aforesaid which said 125 l. here to wit at Westminster aforesaid at that day they have ready notwithstanding the same sheriffs the said 125 l. had not here in Court of the Lord the King at that day nor have satisfied the same Humphry for the said 125 l. as by the information of the said H. to the King was made known and because c. that by honest and c. they should make knowne to the same T. and I that they should be here at this day to wit 15. Pas to shew if any thing c. wherefore the same H execution against them for the said 125 l. by them in Form aforesaid levyed ought not to have c. if c. And now here at this day commeth the said H. by his attorney aforesaid and offered himself the 4 th day against the said T. and I. in the plea aforesaid and they being solemnly called came not and the Coroner to wit W. F. now retorneth that he by vertue of the Writ aforesaid to him directed by F. N. and T. W. honest c. made known to the same T. and I. to be here at this day to shew in Form aforesaid c therefore it is considered that the said H. have execution against the same T. and I. for the same 125l by them in Form aforesaid levyed by default c. LOndon ss Pasch 11. Jac. Rot. 620. The entry of a Sci. fac upon a generall pardon Capias ut lagat Brownlow ss It was commanded the sheriffs that they should not omit for any liberty within their Bayliwick but that they should take H. H late c. otherwise called c. utlawed in London next before the Feast of St. Dunston the Bpp. An. primo c at the suit of G. E. in a plea of debt if c. and him in safty c. so

Judgment was given and in that case the Defen after Tryall and a speciall verdict given compounded with the plaintiff by the advise of I. P. Knight cheif Justice of England M 39. and 40. Eliz Rot. 110. ss Otherwise as it appeareth c. as in the Scire Facias and award the Alias Scire Facias Bar upon an Alias Sci fac upon a recognizance of priviledge where one makes default and the other pleads in bar payment of the condemnation at the perill of the Principall against him before the Teste of the first Scire facias Execution awarded against one of the Conuzers by default c. and now here at this day to wit at the said Tres Tri. came aswell the said I. by his Attorney aforesaid As the said S. by I E. his attorney And the said H. the fourth day of the Plea came not but made default And the sheriff as before now returneth that the said H. hath nothing nor is Found c. And hereupon the said I. prayeth execution against the said H. of the said 50 l. by him in Form aforesaid acknowledged to him to be adjudged c. Therefore it is considered that the said I. have execution against the said H. for the said 50 l. by him in Form aforesaid acknowledged by default c. And further the said I. prayeth execution against the said S. of the said 50 l by him in Form aforesaid acknowledged to him to be adjudged c. And the said I. prayeth license thereof to imparl here untill Oct. Mich. And hath it c the same day is given to the said I. here c and now here at this day to wit at the said Oct. S. Mich. came here aswell the same I. as the said S. by their attornies aforesaid And hereupon the same I. as before prayeth execution against the said S. of the said 50 l. by him in Form aforesaid acknowledged to be adjudged him c ANd the said S. saith that the said I ought not to have execution a-against him for the said 50 l. in the Form aforesaid acknowledged Bar that the principall after the recovery and before the Teste of the Sci fac paid to the Conuzee the debt and damages recovered because he saith that the said E after the judgment aforesaid given And before the day of the purchasing of the said first Writ of Scire Facias to wit T. Die and An. paid to the said I the debt damages aforesaid by him against the said E in form aforesaid recovered according to the form and effect of the Recognizance aforesaid And this he is ready to verifie where upon he prayeth Judgment if the same I. ought to have execution against him for the said 50 l. by him in Form aforesaid acknowledged c. Replication that the principall non solint and issue thereupon ANd the said I. saith that he by any thing before alleaged ought not to be repelled from having his execution aforesaid of the said 50 l. against the said S. by him in Form aforesaid acknowledged because he saith that the said E. after the judgment aforesaid given and before the day of purchasing of the said first writ of Scire Facias hath not paid to the same I. the debt and damages aforesaid by the same I. against the said E. in Form aforesaid recovered according to the Form of the Recognizance aforesaid As the said S. hath above allowed and this he prayeth may bee inquired of by the Country And the said S. likewise Therefore 12. c. Entry of a Sci. fac against the Ter-tenants upon a judgment in debt after the death of the Obliger and the judgment by default Recitall of the recovery PAs 38. Eliz Rot. 1854. ss Otherwise as it appeareth in the Term of S. Hillary An. 38 Eliz. Reg. Rot. 511. It is thus contained Midd. ss It is commanded the sheriff whereas H. S. Esquire lately in the court of the Lady the Queen now to wit in the Term of St. Michael An. regni sui 30. and 31. before E A. Knight and his associates of the said Lady the Queen of the Bench here at Westminster by the consideration of the same Court had recovered against I. C late of London Esquire aswell a certaine debt of 19 l. as 7 l. which c. whereof he is convicted as by the record and proceedings in the court of the Queen here remaining manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And the said I. C is dead and dyed seised of divers Lands and Tenements in his Demesne as of Fee as by the information of the said H. the Queen understandeth and because c. that by honest c. he should make known to the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given Suggestion of the death of the Defendant and averment that he died seised of divers lands c. Sci. fac to the Ter-tenants or at any time afterwards That they should be here at this day to wit in Oct. Pur. St. Mariae to shew if any thing c. wherefore the said H. ought to have execution against them of the debt and damages aforesaid of the lands and Tenements afore said according to the Form of the recovery aforesaid and now here at this day came the same H. by F B. his attorney and offered himself the 4th day against the said Tenants of the Lands and Tenements which were of the said I. at the time oft he judgment aforesaid given or at anytime afterwards in the plea aforesa d and they being solemnly called came not and the sheriff now retorneth that there are no lands nor Tenements in his Bayliwick which were of the said I. at the time of the judgment aforesaid given The Sheriff returneth quod milli sunt Tenements A Testat sci fac prayed Corn Testat sci fac awarded to the Ter-tennants in a foraign County or any time afterwards and here upon it is testified in the same court of the Queen here that there are divers lands and Tenements in the county of C. which were of the said I. at the time of the judgment aforesaid given and afterwards whereof he might make and levy the debt and damages aforesaid and prayeth a writ of the Lady the Queen to be directed to the sheriff of Cornwall to premonish the tenants of the lands and Tenements which were of the said I. in Oct. S. Mich. An. 30. and 31. abovesaid which day judgment was thereupon given or at any time afterwards in his Bayliwick that they be here 15. Pas to shew c. And now here at this day to wit the said 15 Pas came the same H. by his attorney aforesaid and offered himself the 4th day against the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given or at any time afterwards in the

judgment in a writ de droit de Gard. P. 2. H. 7. Rot. 50 Scire Fac upon a judgment in detinue for Cattle and for Debt ss IT was commanded the sheriff whereas I. P. one of the attornies of the Court of the Lady the Queene here of the common Bench lately in the same court of the Lady the Queen here to wit 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here Entry of a Sci fac against an heire upon a judgment against his father in debt and an Elegit awarded by the consideration of the same Court had recovered against I. K Kt. aswell a certaine debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted and by the record and proceedings therein in the same court of the Queen here remayning manifestly appeareth Neverthelesse execution of the judgment aforesaid yet remayneth undon M 26 27. Eliz. rot and the same I. K Knight is dead as by the information of the said I P. the Queen understandeth And because c. that by honest c. he make known to I. K. Esquire son and heire of the said I. K. Knight and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee simple at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim to shew if any thing c. wherefore the said 12 l. 6 s. and 13 s. 4 d. ought not to be made of the lands and tenements which were of the said I. K Knight in Fee-simple at the time of giving of the Judgment aforesaid in his bayliwick being in the seisin of the said I. K. the son and rendred to the same I. B. according to the form of the recovery aforesaid And now here at this day came the same I. P. in his proper person and offered himselfe the 4. day against the said I. K. the son in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath made known to I K the son of being here at this day by I D and R F honest c. Therefore it is considered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple at the time of giving of the judgment aforesaid being in the seisure of the said I. K. the son by default c. and hereupon the same I. P. hath chosen to be delivered to him the moyety of all the Lands and Tenements which were of the said I. K. Knight in Fee-simple being at the time of the judgment aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided untill the said 12 l. 13 s. 4 d. be thereof levyed and prayeth a writ thereof to be directed to the sheriff of the County aforesaid And it is granted to him retornable here in Oct S. Hill c. quaere de rest forme H 3. Jac. Rot. 308. ss Entry of a Sci fac against an heir and judgement thereupon by default upon a judgement had against the Father deceased in the time of another King It was commanded the sheriff whereas R. S latly in the court of the Lady Eliz. late Queen of England to wit in the Term of the holy Trinity An. 30. before E. A. Knight c. by the consideration of the same Court had recovered against T S late c aswell a certaine debt of 40 l. as 40 s. which c. as by the record and proceedings here in the Court of the Lord the King now here remaining manifestly appeareth notwithstanding execution c. And the same T is dead as by the information of the same R. c. and because c. that by honest c that he make knowne to W S son and heire of the said T. who hath lands and Tenements which were of the said T in Fee simple in Cr. Tri. An. c. or at any time afterwards that hee should be here at this day to wit in Oct. Hill to shew if any thing c. wherefore they ought not to make the debt and damages aforesaid of the lands and Tenements aforesaid being in the county aforesaid and render them to the said R. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same R by I H his attorny aforesaid and offereth himselfe the fourth day against the said W. in the plea aforesaid and he being solemnly called came not and the sheriff now retorneth that he had made known to the said W. son and heire of the said T. and tenant of two messuages and 100. acres of land Scit fac returned with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli to shew in form aforesaid c. by I. K. and L. I. honest c. and hereupon the same R. prayeth execution against the said W. of the debt and damages of the lands and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity to him to be adjudged c. Therefore it is considered that the said R. have execution against the said W. of the debt and damages aforesaid to be levied of the tenements aforesaid by default c. Inquire of the forme of this writ P 4. J. Ro. 25 57 Upon a Recovery in debt against G. K son heir of W K. by I. Harper Sci. fac to the Tenants of the lands Tenem which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42 Eliz. which day the said Iohn Harper purchased his originall writ in debt against the said W. that he should be here in Oct. Hill c. Entry of a Sci fac brought by an executor against an h ire upon judgment against his Father c. H Ill. 5. Jac Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9. It is thus contayend Corn. ss It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England to wit in Mich. Term An. 37 and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here to wit at Westminster had recovered against I C late of c. aswell a certaine debt of 40 l. which c. as 40 s. which c. put c. Execution notwithstanding c. and aswell the said

W. as the said W W are dead as by the information of W S executor of the testament of the said W W the King understands and because c. that by honest c. he make known to C C Gent. son and heire of the said I and now Tenant of all the lands and Tenements which were of the said I in Fee-simple at the time of giving the judgment aforesaid that he should be here at this day to wit in Cr Trin. to shew if any thing c. wherefore the debt and Damages aforesaid ought not to be made of the lands and tenements of the said I. in Fee-simple at the time of the judgment aforesaid given being in the seisin of the said C in the county aforesaid according to the form of the recovery aforesaid and now here at this day came aswel the said W S by I B his attorney as the said C by P K his attorny and the sheriff now retorneth that he by vertue of the writ aforesaid to him directed die tali An. by E D and W W honest Sci fac tenenti terr returned c. made known to the said C son and heire of the said I and tenant of 1 Messuage and 10. acres of land c. in C in the county aforesaid which were of the said I C in Fee-simple at the time of the judgment aforesaid given that he should be here at this day to shew if any thing wherefore the debt and damages aforsaid ought not to be made of the lands and Tenements aforesaid being in the seisin of the said I and rendred to the said W S according to the forme of the recovery aforesaid And hereupon the said W S bringeth here into court the letters testamentary of the said W W by which it is sufficiently manifest to the Court here the same W S to be executor of the testament aforesaid and thereof to have the administration c. and prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to him to be adjudged c. and hereupon the same C prayeth licence thereof to imparle here c. untill Oct. Hill c. at which day here came aswell the same W as the same C by their attornies aforesaid and hereupon the same W S as before prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to be adjudged to him c. ANd the said C saith that the said W execution against him as son and heire of the said T C of the debt and damages aforesaid ought not to have because he saith that he hath not Monstrans de testament Bar riens per discent Quere nor at any time after the judgment aforesaid given had any lands or tenements by hereditary discent from the said I his Father in Fee-simple whereof the debt and damages aforesaid could be made and this he is ready to verifie whereupon he prayeth judgment of the said W S execution against him as son and heire of the said I of the debt and damages aforesaid ought to have c. ANd the said W S saith that by any thing before alledged Replication that he had assets by discent at the teste of the Sci● fac he ought not to be barred from having his execution against the said C as son and heire of the said I of the debt and damages aforesaid because he saith that the same C before the day of the judgment aforesaid given and the day of purchasing the said writ of Scire fac to wit tali die An. had sufficient lands and tenements by hereditary discent from the said I. his father in Fee-simple whereof he might have satisfied the said W S of the debt and damages aforesaid to wit at C aforesaid and this he prayeth may be inquired of by the Country and the same C likewise Therefore 12 c. Continuance of a Scire facias ss AT which day here came the said Plaintiff by his attorny aforesaid And the sheriff sent not the writ Therefore let the defendant as before be premonished that he be here in Ost. S. Mich. to shew in Forme aforesaid c. Sci fac by the surviving Administrator of goods of the first intestate not administred by the first administrator T 16. Jac. Rot. 3109. London Int. G and H Scire fac by the surviveing administrator of the goods of the first intestat of goods not administred by the first administrator Sci fac brought upon a Devastavits post An. diem T 19. Jac. Rot. 1779. Scire fac to have execution de bonis propriis upon a devastavit retorned post An and diem Sci fac brought against the administrator by the executor at his full age upon a judgment had against the intestate by the administrator during the minority of the Infant H 7. Jac. Rot 109. Brownlow London ss It was commanded the sheriff whereas I B and H G administrators of the goods and chattles which were of I W during the minority of Margaret W executrix of the testament of the said I W lately in the court of the Lady Eliz. late Queen of England to wit in Mich. term An. 27. and 28. before E A Knight and his associats then justices of the said Lady the Qu. of the Common Bench here to wit at Westminster by the consideration of the same Court had recovered against W D late c. otherwise called c. aswell a certaine debt or 160 l. as 98 s. which c. whereof he is convicted as by the record and proceedings therein in the court of the Lord the King now here remayning manifestly appeareth execution notwithding of the judgment aforesaid yet resteth to be done and the said W is dead Averment of the full age of the executrix and the death of the Defendant And the same Margaret after the judgment aforesaid therein given is come to the full age of 21. yeares and afterwards took to husband one Tho. Knight as by the information of the said T. and M executrix of the testament of the said I W deceased the King hath understood And because c. by honest c they should make knowne to W D and Margaret his wife Administratrix of the goods and Chattells which were of the said W D who died instated Sci fac awarded against the administratrix of the defendant c. at the time of his death That they should be here at this day to wit in Oct. Hill to shew if c. wherefore the same Thomas and Margaret his wife execution against them of the debt and damages aforesaid of the goods and Chattles which were of the said W D at the time of his death being in the hands of the said W and M his wife to be administred ought not to have c. according to the Form of the recovery aforesaid if c. and an al

is thus contained Middlesex ss It was commanded the Sheriff whereas I L of the parish of Saint Bridget London Felt-maker R A of c. in the County of Surrey Felt-maker and W D in the parish of Saint Olave Southwark in the County of Surrey Felt-maker lately in the Court of the Lord the King now The condition of the Recognizance to wit in the Term of Saint M. Anno Regis Franc. Hiberniae c. 12. Scotiae 48. before Henry Hobart Knight and Baronet and his Associates then Justices c here to wit at Westminster did acknowledge and every of them doth acknowledge himself to owe to P. S. widow foure hundred pounds of lawfull mony of England which said summ of foure hundred pounds the same J. R. and W. for themselves and their heires Recovery against the principall would and granted and every of them willeth and granteth to be levied of their Lands and chattells and of every of them to be made and levied to the use and behoof of the said P under condition that if it should happen for the same Petro Nello against the said J. S late of London Felt-maker otherwise called c. in the same Court of Common Bench of the Lord the King here in a certain plea of debt upon demand of two hundred pounds by the same P against the same J. S in the same Court of the King here prosecuted to be given then the said J. S. shall satisfie the said Debt of two hundred pounds and also all damages by occasion of detaining of that debt against the same I. S. in the same Court of the King here to be recovered or adjudged or should render his body in Execution upon the same judgment in the Court of the Lord the King here And although the said P afterwards to wit in Hillary Terme Anno Regis nunc 12. Sup. in the same Court of the King here before the same Henry Hobart Knight and his Associates Breach of the condition that the principall had not paid the debt and damages nor rendred his body c. then Justices of the said Lord the King of Common Bench here to wit at Westminster by the consideration of the same Court recovered against the same I. S. as well the said Debt of two hundred pounds as fifty three shillings four pence which to the same P in the said Court of the King here were adjudged for his damages which he had by occasion of the detaining of that debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at W aforesaid remaining manifestly appeareth Neverthelesse the said I. S. the debt and damages aforesaid to the said P hath not yet paid nor rendred his body in execution upon the judgment aforesaid in the Court of the King here according to the Forme of the Recovery aforesaid as by the information of the said P is made known to the King And because c. that by honest c. he should make knowne to the said I. L. R. and W. that they should be here at this day to wit Quin. Pas to shew if any thing c. to wit the said I. L. wherefore the said 400 l. by him in Form aforesaid acknowledged ought not to be made of his lands and chattells and the said Richard wherefore the said four hundred pounds by him in Forme aforesayd acknowledged ought not c. And the said Walter wherefore the sayd four hundred pounds by him in Forme aforesaid acknowledged c. and rendred to the same Petronell according to the Forme of the Recovery aforesaid Nihil returned upon the first Sci fac Alias Sci fac awarded T 19 Jac Rot Such a forme of entry of an alias Sci fac where the first Sci fac was returnable in another term Returned as before Judgment seve ally against the Manucaptors by default c. Entry of an alia Sci fac where the fi st Sci fac was returnable the same term T 19 Jac Rot 2089. See the form in another term and now here at this day came the same P by G.B. her Attorney and offered her selfe the fourth day against the same I. L. R. and W. in the plea aforesaid and they came not and the sheriff now returneth that they have nothing c. nor are found c Therefore as before it is commanded the sheriff that he make knowne to the said I.L.R. and W. that they should be here in Cr. Trin to shew in Forme aforesaid c. And now here at this day to wit to the said Cr. Tri. came the same P. by her Attorney aforesaid and offered her selfe the 4th day against the said I. L. R and W. of the plea aforesaid And the sheriff as before now returneth that they have nothing c. neither are found c. Therefore it is considered that the said P have execution against the said I. L. for the said 400 l. by him in Form aforesaid acknowledged and against the said R A of the said 400 l. by him in form aforesaid acknowledged and against the said VV D of the said 400. pounds by him in Form aforesaid acknowledged by default c. T 19. Jacobi Rotulo 4840. Brownlow ss Middelsex ss entry of Scire fac against Manucaptors upon a Bayle re Cr. Trin. And now here at this day to wit at the same Cr. Trin came the same Plaintiff by his attorney aforesaid and offered himself the 4. th day against the said Defendant in plea aforesaid And he solemnly called came not And the Sheriff retorned a Nihil Therefore as before it is commanded the sheriff that by honest c. he make known to the said defendant that he be here Tres Tri. to shew in forme aforesaid c. And now here at this day to wit at the same Tres Tri. came the said plaintiff by his attorney aforesaid and the said Defendant the 4th day of the plea being solemnly called came not and the sheriff as before retorneth nichil habet c. Therefore it is considered c. as in others Entry of a Sci fac upon a recovery in dower for value of the damages against the Ter-tenant Recitall of the judgment ss M 44. and 45. Eliz. Rot. 405. Otherwise as it appeareth in the Term of S. Michael An. Eliz. 44 and 45 Rot. 743. It is thus contayned Norff. ss It was commanded the sheriff whereas W G and M. his wife who was the wife of R. B. lately in the court of the Lady the Queen now to wit in Easter Term An. Regni 43. before E. A. Knight and his associates then Justices of the said Lady the Queen of the bench here to wit at Westminster by the consideration of the same Court had recovered against T. B. 45 l. 10 s. which to the same W. and M. in the said court of the Lady the Qu. here were adjudged aswell for the value

of the Dower of the said M. of one Messuage 29. acres of land c. with the appurtenances in M. from the time of the death of the said R her late husband c. As for their damages which they had by occasion of the detayning of the Dower whereof he is convicted as by the Record proceedings therein in the Court of the Queen here remayning manifestly appeareth Tenant in the writ of dower after judgment dieth Sci fac awarded against the son and heir Neverthelesse excution of the judgement aforesaid yet resteth und on And the same T. B. is dead as by the information of the said W. and M. the Queen understands and because c. that by honest c. he should make knowne to E. B. son and heir of the said T. who holdeth the lands and tenements which were of the said T. at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim. to shew if any thing c. wherefore the said W. and M ought not to have execution against him of the value of the Damages aforesaid of the Lands and Tenements aforesaid according to the Form of the recovery aforesaid if c. Return de vic Alias Sc● fac awarded And now here at this day came the same W. and M. by I. G. their attorney and offered themselves the 4th d●y against the said E. of the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath nothing c. nor is found c. Therfore as before the sheriff is commanded that by honest c. he should make knowne to the said E. that he be here 15. Marti to shew in Form aforesaid if c. And now here at this day to wit the said 15. Marti came aswell the same W. and M. by their attorney aforesaid as the same E. premonished c. by W. D. his Attorney Sci fac returned but note that the Sheriff doth not return of what lands the son and hei● is tenant according to the point in the writ And the sheriff to wit R. I. Esquire now retorneth that he made knowne to the said E. of being here at this day to shew in Form aforesaid by T. D. and I. G. honest c. And hereupon the said W. M. prayeth Execution against the said E. of the value and damages aforesaid of the lands and tenements aforesaid to them to be adjudged c. and the said E. reserving to himself all and all manner of exceptions and advantages aswell to the said writ of Scire fac as to the declaration aforesaid prayeth imparlance here untill Oct. S. Hill and hath it c. Speciall imparlance The same day is given to the said W. and M here c. At which day c. and from thence imparleth untill Oct. Mich And now here at this day to wit at the said Oct. Mich. came aswell the said W. M as the said E. by their Attornies aforesaid and hereupon the said W. and M as before prayeth execution against the said E. of the value and Damages aforesaid to them to be adjudged c. And the said E saith nothing in bar or hinderance of the execution of the said W. and M aforesaid by which the same W. and M. remaine against the said E. and thereof without defence therefore it is considered that the said W. and M. have Execution against the said E. of the value and Damages aforesaid of the lands and Tenements aforesaid by default c. And because it is not knowne what Lands and Tenements the same T had at the day of his death in Fee-simple Judgment by nichil dic Suggestion to have a Writ to inquire of the value of the lands awarded nor how much those Lands and Tenements were worth by the yeare according to the true value thereof it is commanded the sheriff that by the oath of honest and Lawfull men of his Bayliwick he diligently inquire what Lands and Tenements the said T. had the day of his death in the Bayliwick of the said sheriff And if the said T. died seised of any Lands and Tenements with the appurtenances in Fee-simple Then how much those Tenements were worth by the yeare in all issues beyond reprises Quaere for these words are neither perfect nor good And after such inquisition by the sheriff made he deliver the same Lands and tenements to the same W. and M without delay according to the true value of them to hold to the same W. and M. untill the said 45 l. and 10 s for the value and damages aforesaid thereof be levyed c. and in asmuch c. the sheriff make appeare here 15. Mich. At which day there came the said W. and M by their attorney aforesaid and the sheriff to wit Quaere de rest matter I. B. Knight now retorneth here a certaine Inquisition c. that the father was seised in Fee of 22. acres of Land at the day of his death to the value of 9 s. 8 d. which said 22 acres of Land the sheriff delivers intirely c. Debt against f●ur Executors two appear and the Plaint tame against the same two with a simul cum c. Judgment against the four and the two that appeared onely a mercied H 12. H. 7. rot 361 Mordant Devon ss Roger Viell brought his Accompt of debt against Nich. Yeo. and Eliz. his wife executors of Eliz. Mounck executrix of I. Mounck that they together with W. Mo. and H. Mounck should render to him 38 l. 17 s. upon bill obligatory made for the payment of 64 l. 19 s. 7 d. ob and satisfaction confessed for 26 l 2 s. 7 d. ob by the testator Notwithstanding the executors although often requested c. have not rendred c. And the same N. and Eliz his wife together with those c. to him to render gain say and unjustly detaine c. and the same Nicholas and Ann confesse the account and judgment that the plaintiffe should recover against the said Nicholas and Elizabeth W. and Humphery the debt and damages to 10 s. de bonis testatoris levand and the said Micholas and Eliz. in mercy c. and the damages remitted A Sci. fac was brought against the Executors upon this judgment as followeth H 13. H. 7. Rot. 309. Mordant Devon ss R. U. brought his scire fac upon the judgment next above against the said executors to have execution upon the said judgment retorned Cr. Trin. the sheriff retorneth Scire Feci to Humphery Mounck one of the executors who commeth Sci fac upon the judgment abovesaid c. And nothing against the other two Executors which came not and the said Humphery pleaded ne unq Execut. The Plaintiff saith that he ought not to be barred from having his execution aforesaid upon the judgment aforesaid and notwithstanding the said plea of the said Humphery above

Tenant had not duly made his execution Suff. ss It was commanded the sheriff whereas William Ayleff Esquire Barbara his wife lately in the court of the Lady the Queen here to wit at Westminster by the consideration of the same Court had recovered their seisin against I. A. of the third part of the Mannor of Abbotts with the appurtenances in D. c. and whereas also at the prosecution of the same W. and B out of the said Court of the Lady the Queen here of and upon the judgment aforesaid to wit the 6. day of November An. 42. Eliz. issued forth a certaine writ of the Lady the Queen de Sesina directed to the sheriff of the county aforesaid By which said Writ the said Lady the Queen commanded the said sheriff that he should know that the same W and B. in the Court of the Lady the Queen of the common Bench here to wit at VVestminster aforesaid had recovered their seisin against the said I. of the said third part of the Mannor of Abbotts in the appurtenances and 8 messuages c. with the appurtenances as the Dower of the said Barbara of the indowment of Martin A. her late husband c. whereupon the said Lady the Queen now to the said sheriff commandeth that the said W. and B. full seisin of the third part aforesaid with the appurtenances to hold to them in severalty by meats and bounds he should cause to be had and in as much as he should that precept of the Lady the Queen he should make appeare to the Justices of the Lady the Qu. here to wit at VVestminster in 8. Hill then next following which said Writ of seisin afterwards to wit the 16. day of Ianuary then next following at Y. aforesaid in the county aforsaid to E. B. Esquire then sheriff of the County aforesaid being was delivered to be executed in Form of Law And also by the information of the said W. and B. the same Lady the Queen hath understood that the said Edward favouring the same I. A. and indeavouring wholely to defraud the same W. and B of the recovery of the third part aforesaid afterwards to wit the 17. day of Jan. An. 43. abovesaid caused to be had to the same W. and B. full seisin of 1 Messuage in E aforesaid late in the tenure c. to hold to the same W. and B as the Dower of the same B. of the Indowment of the said Martin her late husband in the same mannor of A. and to the Tenements and Rents aforesaid in Y. c. contingent as by the Record and proceedings here in the same Court of the said Lady the Queen remayning manifestly appeareth whereas notwithstanding all and singular the Tenements aforesaid to the same W. B. by the said Ed. Bacon for the third part of the Mannor Tenements and Rents aforesaid with the appurtenances in Forme aforesaid delivered and assigned are not parcell of the mannor lands and Tenements aforesaid wherof the same W. and B. have recovered their third part in forme as aforesaid to the immoderate damage and grievances of the said W. and B. whereupon they have supplycated the said Lady the Queen to adhibet to them a fit remedy in this behalfe the same Lady the Queen not being willing in any wise to injure the same W. and B. But being willing that compleat justice be don and used to them in this behalfe that by honest c he should make known to the same I. that he should be here at this day to wit in 8. Mi. to shew if any thing c. Wherefore omitting the Tenements aforesaid to the same W. B in Form aforesaid delivered and assigned the same W. B seisin and execution of the said third part of the mannor Tenements and Rents aforesaid with the appurtenances whereof the said W. and B. have recovered their third part in Form as aforesaid according to the Form of the recogniz aforesaid against the same I. ought not to have if c. THe Defendant appeareth and saith that the said W. and A. any further execution of the third part aforesaid of the mannor and Tenements c. aforesaid with the appurtenances by them above recovered against him ought not to have because he sayeth that well true it is c. And confesseth the Recovery the writ of seisin and the return thereupon and that the Defendant entred into the land and further saith That the said messuage 3. acres of Land c. in D. aforesaid to the same W. B by the same E. B. for the third part of the mannor c. in Form aforesaid delivered and assigned are parcell of the mannor and Tenements whereof the same W. B. have recovered their seisin of the third part abovesaid in Form as aforesaid and this c. Judgment for the Tenant upon the demurrer And demurrer for that the writ lyeth not but afterwards an other Writ generall was brought And it was adjudged to be well brought See Hill 25. Rot. 650. P. 9. Jac. rot 656. Entry of a Sci. fac in a Quare Impedit T 30. Eliz. rot 1308. Lincoln ss It was commanded the sheriff whereas Thomas Beverly Gent. in the Court of the Lady the Queen now here to wit in the Term of of S. M. An. Eliz. 28. and 29. before Ed. Anderson Knight and his associats then Justices of the said Lady the Qu. of the Bench here by the consideration of the same Court had recovered his presentation against Iohn Arch. Bpp. of Canterbury and G. Cornwall his Clerk of the Church of Somerby in the County aforsaid being void and belonging to his gift by writ of the said Lady the Queen de Quare impedit as by the record and proceeding therein in the same Court here remayning it manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth to be don as by the information of the said Thomas the Queen understandeth and because c. that by honest c. he should make known to the said Arch Bpp. and Gabriel that they should be here at this day to wit in Cr. S Tri to shew if any thing c. wherefore the same Thomas execution against them ought not to have according to the Form of the recognizance aforesaid if c. And now here at this day came aswell the said Thomas by VVilliam Be. his attorny as the same Arch Bpp. and Gabrill by R. P. their attorney And here upon the said Thomas prayeth Execution of the judgments aforesaid against the said Arch. Bpp. and G. to him to be adjudged Saith nothing but the ordinary c. and the same Arch Bishop defenderth the force and wrong when c. and nothing in Bar of the execution of the said Thomas saith whereby the said Thomas remayneth against the said Arch. Bpp. thereof without defence Therefore it is considered that the same Thomas have execution of the judgments aforesaid against the said Arch-Bishop according to

untill the debt aforesaid be levied and upon a judgment that the first recorder is sati●fied he shall have such a Scire fac against the first creditor to remove him and to have the lands delivered upon the second extent 38 E. 3. 12. 6. whereas it was considered that in the Court of the Lord the King here that Edward B. Knight should have execution against Thomas Coney late of c. otherwise called c. aswell of a certaine debt of 80 l. which the same Ed. otherwise in the Court of the Lady Elizabeth late Queen of England here to wit in Mich. Term An. of the Reigne of the said Lady the Queen 39. and 40 had recovered against him as of 50 s which to the same Ed. in the same Court were adjudged for his damages which he had by occasion of the detayning of that debt whereof he is convicted And the same Edward afterwards came into the Court of the Lord the King now here and by the statute in such case provided chose to be delivered to him all the goods and chattles of the said T. besides his Oxen other necessaries for the plough likewise the moyety of all his lands and Tenements in the County of Staff to hold as his Free Tenements to him and his assignes according to the statute aforesaid untill he had levyed the debt and Damages thereupon whereupon the King by his writ commanded the sheriff of Staff that all the goods and chattles of the same T. besides his Oxen and necessaries of his Plough and likewise all his lands and Tenements in the County of Staff whereof the same T. in Cr. Anim. An. of the Reigne of the late Queen 39. or at any times afterwards was seised or possessed without delay he should cause to be delivered to the said Edward by a resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattles And also to hold the moyety aforesaid as his Free Tenement to him his assignes according to the Form of the statute aforesaid untill he had levied the debt Damages aforesaid thereupon and in asmuch c. the sheriff should make to appeare here in Crast Anim. An. Regni Rs. nunc 9 and the same sheriff here then returned that he by vertue of the writ aforesaid to him directed had take a certain Inquisition before him at Stafford in the same County of Staff the 22. day of October last past by the Oath of 12. c. by which it was found that the same T. after the Judgment in the same Writ specified given to wit the 20 day of November before the taking of the inquisition aforesaid was seised in his Demesne of Fee of and in the Mannor of W. Coney with its Rights members and appurtenances in the said County of Saff of the yearly rent in all issues besides reprizes 40 s. and recite the return of the inquisition word for word untill in all issues besides reprizes 20 s. And further by the Inquisition aforesaid it is found that the same T. C. at the time of giving of the judgment in the Writ aforesaid specified or at any time afterwards untill the same day of taking of the inquisition aforesaid had no other or more land or Tenements nor any goods or Chattels in the same County of Stafford to the knowledge of the Jury of the Inquisition aforesaid further the same sheriff then there returned that he by vertue of the Writ aforesaid the moyety of the Mannor and Tenements aforesaid above mentioned to be extended to the same Edw. B. according to the exegency of that writ he could not cause to be delivered for that the Mannor aforesaid and all other the premisses with the appurtenances by vertue of an other writ of Extent and Liberi fac to him before therein directed the eight day of January last past to one H P. made to be delivered All and singular which premisses with the appurtenance in the hands of the same H. yet are and remaine by occasion thereof And as to any further execution of the said writ nothing by the said sheriff was further acted therein As by the Record thereof in the Court here remayning manifestly appeareth although after the taking of the Inquisition aforesaid the 8. day of November An Regni of the said Lord the King now of England the 9 th abovesaid it is satisfied to the said Humphery by the said T. Coney of his debt and Damages in the said other Writ specified And although also the said Edward be not yet satisfied of his Debt and Damages aforesaid Notwithstanding the same Humphery yet keepeth possession of the lands and Tenements aforesaid with the appurtenances Generall avermant of satisf●ction as by the information of the said Edward the King understandeth And the same Lord the King being willing to do to the said Edw what is just and consonant to reason doth command the sheriff that by honest c. he should make knowne to the said Humphery that he should be here at this day to wit Cr. S. Trin to shew if any thing c. wherefore the same Humphery whereas he is satisfied of the Debt and Damages aforesaid in Form as aforesaid The possession of the Mannor Tenements aforesaid with the appurtenances he would hold or ought and row here at this day came aswell the said Edward by Iohn Richards his attorney as the same Humphery by R. G. his attorney and hereupon the same E. prayeth judgment and that the same H. from his possession of the Mannor and Tenements aforesaid with the appurtenances may be removed And that the said Edward into the possession of the moyety of the same Mannor and Tenements with the appurtenances may be restored so that the moyety of the same to the said Edward according to the extent aforesaid may be delivered c. ANd the said Humphery reserving to himself all and every advantatages and exceptions Speciall imparlance aswell to the Writ as to the declaration a-aforesaid prayeth license thereof to imparll untill Oct. S. Mich. and hath it c. the same day is given to the said Edward B. here c. At which day here came aswell the said Edward as the said Humphery by their attornies aforesaid And hereupon the same Edw as before prayeth judgment and that the said H. from his possession of the mannor and Tenements aforesaid with the appurtenances may be removed and that the moyety of the same Mannor and Tenements aforesaid with the appurtenances to the said Edward according to the Extent aforesaid may be delivered c. And the same Humphery nothing in Bar or delay of the judgment aforesaid saith whereby the same Edward remayneth against the same H. therein without defence Therefore it is considered that the same Humphery from the possession of the mannor Tenements aforesaid with the appurtenances be removed c. And that the moyety of the same Mannor and Tenements

with the appurtenances according to the Extent aforesaid to the said Edward should be delivered and c. And hereupon the sheriff is commanded that he remove the same Hum. from the possession of the mannor and Tenements aforesaid with the appurtenances and the moyety of the same Mannor and Tenements aforesaid with the appurtenances according to the Extent aforesaid without delay he should cause to be delivered And in asmuch c. the sheriff make to appeare here 15. Hill at which day here came the said Edward by his Attorney aforesaid and the sheriff of the said County of Stafford to wit R. M. Esquire now returneth that he by vertue of the writ aforesaid to him directed the 20 day of January An. c. 10. came to the mannor and Tenements aforesaid with the appurtenances And the same Humphery P from the possession of the Mannor and Tenements aforesaid with the appurtenances removed And the moyety of the same mannor and Tenements aforesaid with the appurtenances to wit one Close called the Mills of the yearly in all issues besides reprises 8 l. and so recite such premisses as are expressed in the Writ by the first Inquisition unto beyond reprizes 4 l. being the equall and just moyety of the whole Mannor and of all the Tenements aforesaid with the appurtenances to the same Edward B. made to be delivered according to the extent aforesaid in the Inquisition aforesaid above made as by the said Writ it was commanded to him c. Entry of a Sci. fac against the Conusee in a statute merch brought by the conusor to have back the possession of lands extended for that he is satisfied M. 47. E. 3. fo 11 Pl. 9. fit Sci. fac 96. T. 17. E. 3. fo 43. Pl. 38. T 19 Jac. rot 2159. Brownlow London ss It was commanded the sheriffs that they should take the body of Thomas Leake of L. in the County of Nottingham Gent. if he were a Lay-man and in the prison of the Lord the King under their custody should safely keep untill unto G. Woodnot of S in the same County Gent. of four hundred pounds which the same Thomas the thirtieth day of October Anno Regni c. 4. before I. R. then Mayor of the City of Lincolne and Leonard Carr Clark deputed to take the Recognizance of Debts within the City acknowledged himselfe to owe to the said George and which to him at the Feast c. then next following he ought to have paid and the same to him hitherto he hath not payd as it is said and insomuch as shall be executed of that precept of the Lord the King they should make knowne to the Justices of the said Lord the King at Westminster in Cr. S Trinitatis An. Rs. c. 18 And the same sheriff to the Justices of the Lord the King at Westminster at that day retorned H. 17. Jac. rot 293 ● L. a. R. and F. the like Scire fac upon a promise that the conusee is satisfied pro fluxum temporis That the said Thomas was not found in their bayliwick Therefore it was commanded to the sheriff of B. that all the goods and Chattles of the same Thomas and all his Lands and Tenements whereof the same Thomas at the day of the acknowledgment of the debt aforesaid or at any time afterwards was seised unto those hands soever they have came unlesse they descend to some heir being within age by hereditary descent you cause to be delivered to the said George by resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattels And to hold the Lands and Tenements aforesaid as his Free Tenements to him and his assignes according to the Forme of the statute thereof provided untill the Debt aforesaid together with reasonable Damages costs charges as in labours suits delayes and expences he had therein levied T 39 Eliz rot 1711. the Defendant after judgment and before execution makes a Feoffment in fee to I S who enfensss J N and then the lands are extended the second Feoffee bring the moneys into the Court and prayeth restitution the Plaintiff warned comes and receives the money and restitution was awarded and in asmuch as the said sheriff had executed the said precept of the said Lord the King he should make appeare to the Justices of the said Lord the King at Westm from the day of the holy Trinity in three weeks An. R. c. 18. At which day Humphery Foster Baronet sheriff of the County of Berke then returned to the justices of the Lord the said King at Westm a certaine Inquisition before him at Winsor in the County aforesaid the first day of Iuly then last past taken by which it was then found that the said Thomas after the Recognizance of the Debt aforesaid and at the time of taking of that Inquisition was seised in his Demesn as of Fee and right of and in the Mannor of W. otherwise E. W. and also of the Scite and Mansion house of the same mannor of W. otherwise E. W. And so recite the whole Inquisition verbatim unto the issues besides reprises of 50 l. which said mannor and Scite and of the mannor aforesaid with all their appurtenances the sheriff aforesaid the first day of July delivered by the extent aforesaid to the said George to hold to him and his assignes as his Free Tenement untill the Debt aforesaid together with the reasonable and necessary Damages costs and charges should be levyed thereof as by the same writ and returne thereof in the same Court of the Lord the King here of Record remayning manifestly appeareth And although after the taking of the Inquisition aforesaid the said George was satisfied of his Debt Damages costs necessary and resonable charges Neverthelesse the same G. possession of the Mannor Tenements aforesaid with the appurtenances yet holdeth as by the information of the said Th. the King understandeth The Lord the King willing to do in this behalfe what is just and consonant to reason doth command the sheriffs of London that by honest and lawfull men of their bayliwick they should make knowne to the said George W. that he should be here at Westminster in Crastino S. Trinitatis to shew if any thing c. Testat Sci Fac awarded wherefore the same George whereas to him of his Debt Damages Costs and resonable and necessary charges it hath been satisfied possession of the mannor and Tenements aforesaid with the appurtenances he ought or can hold At which day the sheriff returne to the Justices of the Lord the King here that the said G. hath nothing in their bayliwick whereby they could make knowne to him neither was found in the same whereas it was Testified in the same Court of of the Lord the King here that he hath sufficient in the County of Nott. whereby the same sheriff can make knowne to him whereupon it was commanded to the

aforesaid were sold and eloyned to the same I. Armour ought not to be returned or for defect of Return of the same Cattell the Price of them of the lands and chattells of the same I W. and W. B. in your Bailiwick to be made and rendred to the same I A according to the forme of the statute therein made and of the pledges abovesaid the same sheriff to the same Justices of the Lord the King at that day returned that the same I W and W B have nothing in his Bailiwick by which he could make known to them nor were found in the same whereby the said I. A. from having return aforesaid hath received a very long delay whereupon he hath besought the Lord the King to exhibit justice to him and that the statutes of the Kingdome of the Lord the King made for the bettering of the same may remaine stable the King will for the benefit of his Leige people by speediest remedyes consonant to the same statutes that by honest c. hee should make known to W. L. late sheriff of the County aforesaid predecessor of the now sheriff who took the pledges aforesaid in Forme aforesaid that he should be here at this day to wit in 8 sancti Trinitatis to shew if any thing c. wherefore he so many cattell to wit two horses and eighty sheep as the same I. A. took from the same I. C. as in the same Court he hath avowed Sci. fac returned or the price of them for the insufficiency of the pledges aforesaid to the same I. A. in the name of the Returne of the Cattell aforesaid ought not to render according to the Forme of the statute aforesaid Judgement ' by default and the awarding of a writ to take of the said sheriff totanimali vel prec and to deliver them to the plaintiff Nomine returni if c. And now here at this day cometh the same I. A. in his proper person and the said W.L. late sheriff 4 Die pl. being solemnly called came not and the sheriff now returneth that hee made known to the said late sheriff of being here at this day to shew in Forme aforesaid by I.S. and W.C. Therefore it is considered that the same I. A. have of the late sheriff two horses and eighty sheep to the value of the other goods aforesaid which the said I. A. late took or the price of them and a writ to the sheriff to take of the late sheriff the Cattell aforesaid or the price of them and them or that to the same I. A. in the name of the Returne of the other cattell aforesaid to deliver c. Count in Sci. fa. upon a Recognizance acknowledged in the Country before a Justice of the common Bench and afterwards delivered to be inrolled and is enrolled in the same Terme in which it was delivered to be inrolled H. 8. Eliz. rot 104 3. H. 15. Jac. rot 21. in t Pl. ter and there rot 80. a recognizance is entred with a condition T. 21. Jac. rot 73. or 78. the like Inrollment of a recognizonce with the Terme number of the roll extressed Mich 28. and 29. Eliz. rot ●046 Generall entry of a recognizance taken before a Justice of the Common Bench and a Scire facias thereupon M 20 Jac. rot 843. Brownlow otherwise as it appeareth in Michaelmas Terme 19. Jac. rot 1906. It is thus contained Oxon ss It was commanded the sheriff whereas R. H. of S in the County of Oxon Esquire the twentieth day of Iuly Anno c. 18. and Scotland 53. before Peter Warburton Knight then one of the Justices of the Lord the King of the Common Bench of the City of Oxford in the County aforesaid acknowledged himself to owe to Richard Farmer of S. in the County aforesaid Knight one thousand Markes of lawfull mony of England which he ought to have paid him at the Feast of the birth of our Lord then next following which same Recognizance the same Peter Warburton afterwards to wit the twelfth day of February in the Terme of Saint Hillary Anno 18 abovesaid delivered here in Court with his own proper hands to be there inrolled upon Record and there before Henry Hobart Knight Cheife Justice of the Lord the King of Common Bench and his Associates Justices of the said Lord the King of the same Bench in the same Terme of Saint Hillary it is enrolled upon Record which said one thousand Markes the same R to the said R. hath not yet paid as by the information of the said R. the King understandeth and because c. that by honest c. hee should make known to the said Ralph that hee should be here at this day to wit A die sancti Michaelis in unam mensem to shew if any thing c. wherefore the said one thousand Markes ought not to be made of his Lands and chattells in your Bailiwick and rendred to the same R. according to the Forme of the Recovery aforesaid if c. And now here at this day came the same Richard by Thomas G. his Attorney as the sayd Ralph forenamed c. by Io. Wells his Attorney and hereupon the same Richard prayeth Execution against the same Ralph of the said one thousand Markes of the Lands and chattells of the same Ralph to be made by pretext of the Recog aforesaid to him to be adjudged and the same Ralph prayeth the hearing of the Recognizance aforesaid and it is read unto him c. And also prayeth the hearing of the Condition of the same Recognizance and it is read unto him in these words The condition of this Recognizance is such That if the said Ralph Holte his He●●● or Assignes shall and will for his and their parts well and truly observe fullfill and keep the Award Doome and Order of Sir Thomas Spencer Knight and Baronet and Edw. Sheldon Esquire for and concerning Suits matters and controversies moved depending or being between the said Ralph Holte on the one part and the above named Sir Richard Farmer on the other part for and concerning the Common for foure hundred sheep and right for keeping conyes in and upon the grounds called Bayards green in the County of Oxford and all Commons and other profits claimed therein by the said Ralph Holte and the Right Title and possession of the same Common and keeping of Conyes so as the said Sir Thomas Spencer and Edward Sheldon do make their sayd Award touching the premisses or any part thereof on this side the Feast day of the Nativity of our Lord next coming after the Date hereof and do cause the same to be put in writing under their hands and seales ready to be delivered unto the said Ralph Holt then this present Recognizance to be void or else to stand in force and vertue which being read and heard the Defendant prayeth imparlance and hath it c. And it is continued by imparlance untill Cr. Tri. 20. Jac. at

said morrow after all Soules An. 35. of the said late Queen abovesaid which day the judgment aforesaid was given was seised in his Demesne as of Fee And that no writ of Scire facias issued out of the Court here directed to the sheriff of Dor. to premonish the same Tenant of the Mannor and Tenements aforesaid of being here so that execution of the judgement aforesaid may be don upon him if it can and this they are ready to verifie whereupon they pray judgment and a Writ of Scire Fac. against the Tenant of the Mannor and the Tenements aforesaid in the same County of Do. at the prosecution of the said I. Awbery and Sarah to be directed to the same sheriff of Dor. to issue out of the court here to premonish the same Tenant of the mannor and Tenements aforesaid which were of the late Earle of Darb. of being here to answer of and upon the premisses The same Earle of Bridgwater and Francis pray that a Writ of Scire Fac. may issue out of the Court here to premonish the same Tenant of the Mannor and Tenemants aforesaid in the County of Do. being here c. To shew in Form aforesaid c. ANd the same Iohn and Sarah that they by any thing before alleadged from having their execution aforesaid against the said Earle of B. and F. for the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances whereof the same Earle and Francis are above retorned Tenants Replication and Travers without that that the Debtor was seised in fee of those lands at the time of the judgment ought not to be hindred because they say that long before the judgment aforesaid given in Form as aforesaid the said Edward late Earle of Derb. was seised of the said mannor of Sturmister Marshalls and Tenements in Fee and being so thereof seised and afterwards and before the judgment aforesaid to wit 12. Aprill An. 3. and 4. Ph. and Mary of the same mannor and Tenements infeoffed W. M. and I. E in Fee to the uses of H. S. Seignior Strange and Margaret for their Lives and the life of every of them and after their deaths to the use of the heires of the said H. of the body of the said M. begotten or to be begotten and for default of such heires males to the use of Edward Earle of Derb. and the heires of his body lawfully begotten and for default of such issue to those of the right heires of the said Edward Earle of Derb. a tout jours and shew that the said Henry and Margaret had issue the aforesaid Fardinand Earle of Darbey and died seised c. by which the said Fardinand entred and was seised in speciall Taile to wit c. And being so thereof seised the judgment aforesaid upon the said writ of Scire facias above specified was had against the same Fardinand then seised of the said Mannor and Tenements aforesaid with the appurtenances in his demesnes of Fee to wit to him and his heires males of his body lawfully proceeding And the same Fardinand being so thereof seised the same Fardinand after the judgment aforesaid given at Brackly aforesaid died of such his estate thereof seised without heire Male of his body lawfully proceeding without this that the said Fardinand late Earle of Derb. at the same Cr. Anim. An. 35. abovesaid was seised of the said Mannor of S. M. to the Tenements aforesaid with the appurtenances in S. M. in his demesnes of Fee as the same Earle of Bridgwater and Francis have before alleadged Travers and this they are ready to veryfie whereupon they pray judgment and their execution aforesaid against the same Earle of Bridgwater and Fr. of the Debt and Damages aforesaid of the tenements aforesaid with the appurtenances whereof the same Earle and Francis are above returned Tenants to them to be adjudged c. issue upon the Travers Issue upon the Travers and a ven fac awarded to the sheriff of Do. of the neighbourhood of Sturnister Marshall quaere if it ought not to have beene of the Mannor c. P 20. J. Rot. 2075. Buk ss Whereas Samuel Cowper and Iohn Sanders executors of the Testament of Antony Cowper Gent Entry of a Sci. Fac. against ●e●t●enants of lands c. tempore judiciireddit And divers tenants of divers lands a e retorned who came not and a writ of Elegit is awarded of the moyety of the lands whereof they were retorned tenants H 39. Eliz. rot 2336. lately in the Court of the Lord the King now to wit in Trinity Term An. 19. before Henry Horbert Knight and Baronet and his associates then Justices of the said Lord the King of the common Bench here to wit at We. by the consideration of the same Court had recovered against Ric. Gosnold late c. otherwise called R. G. of c aswell a certaine Debt of 40 l. as 60 l. which to the same S. and I. in the same Court of the King here were adjudged for their Damages which they had c. whereof he is convicted As by the Record c Execution neverthelesse c. And the same Richard is dead as by the information of the said Samuel and Iohn the King understandeth and because c. that by honest c. he should make knowne to the Tenants of the lands and Tenements in your Bayliwick whereof the same Richard was seised in his demesne as of Fee in Cr. S. Trin. last past on which day judgment aforesaid was given or at any time afterwards that they should be here at this day to wit Quinq Pas to shew if any thing c. wherefore the same Samuel and Io. Execution against them for the Debt and Damages aforesaid of the Lands and Tenements aforesaid ought not to have according to the Form of the recovery aforesaid if c. And now here at this day came the same S and I. by Iohn Andrews their attorney and offered themselves the fourth day against the Tenants of the Lands and Tenements which were of the said Richard at the time of the judgment aforesaid given or at any time afterwards in the same plea Scire fac to severall ter-tenants of divers lands and tenements 2. of whom make default And they being solemnly called came not and the sheriff to wit Iohn Denham Knight now retorneth that by G. B. and G. G. honest c. he make knowne to Eliz. G. widow Tenant of one capitall Messuage c. in Becconfeild aforesaid c. and also to one R. G. Gent. an other Tenant of one capitall Messuage or Farm c. And to Susanu G. and T. G. Tenants of one Messuage c. and to Thomas G. Gent. Tenant of one Messuage or Inn c. And also to one Ia. Necton Esq Tenant of one Messuage c. which were of the said Rich. Goswold in Fee-simple at the time of the judgment given and afterwards And hereupon the same Sam. and Io.

die in sancti Martini in 15 dies to shew if any thing c. wherefore he so many cattell to wit three Geldings four Oxen five Cowes seventy sheep and one Calfe or the price of them for the insufficiency of the pledges aforesaid and against the Forme of the statute in this case provided taken to the same Edmund Travers in the name of the return of the cattell aforesaid by him first taken and by the same R. Raye eloyned ought not to be rendred according to the Form of the statute aforesaid if c. At which day here came as well the said Edmund Travers by his Attorney aforesaid as the same R. M. premonished c. by George Bretton his Attorney and hereupon the same Edmund Travers prayeth that the same R. M. the cattell aforesaid to wit as above and the same M. by Henden serjeant in Law demurreth And for cause sheweth that it appeareth not for the said writ of scire facias whether the pledges aforesaid were taken by the same R. M. then sheriff of the said county of Surrey being upon any plaint before the same Sheriff in the County Court of the said County of Surrey by the same R. Ray against the said Edmond Travers before then levied or upon any writ of the said Lord the King De averiis Replegiand issuing out of the Court of Chancery of the said Lord the King as by the statute therein made is provided and also that the plea aforesaid and the proceedings in the same plaint whereupon the pledges aforesaid are supposed to be found do not appear in the same writ of Scire facias as they ought to appear and this he is ready to verifie whereupon for Defect of sufficient writ of Scire facias in this behalfe the same R. M. prayeth judgement and that the said Edmund from having returne of the cattell aforesaid against the said R. M. may be barred c. Harris Serjeant joines in demurrer Note Reader That the Owner of the Originall copy converted this writ in the beginning thereof to wit from of which said taking c. untill at Westminster aforesaid had for defect of which matter the Defendants councill demurred in Law and shewed the causes but the Record is as the originall Scire facias is As also for his own learning and because of the president 21 Ed. 4. fol. 30. Fitzh sci fac 113. 27 H. 6. fol. 7. Ibidem pl. 34. 9 E. 4. fol. 50. were vouched to maintain this Scire facias because it is _____ of the said Lord the King Fest remed and the plaintiff therein shall recover no damages which is for the benefit of the Defendant H 22. Iac. rot 2426. Etntry of a writ of Scire fac in debt for the demandant against a st anger wherby he afer a recovery had against the tenant and before execution sued enters into the third part recovered by writ of dower unde riens avorit The tenant dieth Brownlow Essex ss In was commanded the sheriff whereas Iohn Frith and Agnes his wife lately in the Court of the Lord the King now to wit in Easter Terme An. Regni c. 22. before Henry Hobert Knight and Baronet and his associates then Iustices of the said Lord the King of the Common bench here to wit at Westminster by the consideration of the same Court had recovered their seisin against Samuel Ram of the third part of Tenn acres of wood with the appurtenances in Dagenham as the dower of the said Agnes of the indowment of William Humphery her late husband by our Writ of Dower unde ni chil hat c. As by the record and proceedings therin in the same Court of the King here remayning it manifestly appeareth And the same Samuel is dead and one Mary Ram widow is entred into the third part aforsaid with the appurtenances and holdeth the same against the Form of the recovery aforesaid as by the information of the same Iohn and Agnes the King understandeth and because c. that by honest c. he should make knowne to the said Mary that she should be here at this day to wit in 8. Pur. beatae Mariae to shew if any thing c. wherefore the same Iohn and Agnes An estranger enters into the lands recovered and holds them against the recovers seisin execution of the third part aforesaid with the appurtenances against her ought not to have according to the Forme of the recovery aforesaid if c. And now here at this day came the same Iohn and Agnes by G. P. their attorney and offered themselves the 4. day against the same Mary in the plea aforesaid and she being solemnly called came not and the sheriff to wit Scire fac returned Iudgment that the demandant have execution of the third part by default c. Edward Botler Knight now retorneth that he by vertue of the Writ aforesaid to him directed to Iohn Humfery and Humphery Clark honest c. hath made knowne to the same Mary Ram widow that she should be here at this day to shew in Forme aforesaid c. therefore it is considered that the same I. and A. have seisin and execution against the same Mary of the said third part aforesaid with the appurtenances by default c. H 22. Jac. Rot. 1688. Brownlow Midd. ss The sheriff was commanded whereas Thomas Holt lately in the Court of the Lady Eliz. late Queen of England to wit Entry of a writ of Scire fac upon a judgment in a writ de annuo redditu to have execution de arreragiis incu●sis after judgment P 10 H 4 rot 123 rot 224 127 tiel 12 H 7 8 40 E 3 4 11 H 4 34 6 E 6 134 13 2 H 6 9 Pl. 6 23 H 8 fo 5 Br. No cases 28 accord with this Scire fac execution 119. Scire fac 203. in the terme of the holy Trinity in the yeare of the Reigne of the said late Queen 32. before James Dyer Knight and his associats then Justices of the said late Queen of the common Bench at Westminster by the course of the same Court had recovered against Iohn Bradshaw late of Bradshaw in the County of Lanc. Esq otherwise called c. a certaine annuall Rent of 80 s. to the same Tho. and his associets for term of life of the said T. at the severall Feasts of the Nativity of St. Iohn the Baptist and the birth of our Lord by equall portions to be paid yearly as by the Record and proceedings therein in the same Court of the Lord the King now here remayning it manifestly appeareth And 20 l. in arrearages of the yearly rent aforesaid after the judgment aforesaid given for five whole yeares ended at the Feast of S. Iohn the Baptist An. Regni c. 22. to the same Thomas are in arreare and not paid as by the information of the said Thomas the King understandeth And because c. that by honest c. he should

make knowne to the same Iohn that he should be here at this day to wit 8. Hill to shew if any thing c. wherefore the same Thomas execution against him for the said 20 l. the arreareges of the yearly rent aforesaid after the judgment aforesaid given as aforesaid being in arreare ought not to have according to the Form of the recovery if Judgment Nota bene P. 26. and 27. H. 8. rot 359. M. 29. and 30. E. rot 1024. hil 7 H. 8. rot 526. tiel judgment that Pl. have execution de arreragis tam tante diem impetr brev de Sci. fac qu. post incursis c. And here now at this day came the same Thomas by George N. his attorney and offered himselfe the fourth day against the said Io. in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath nothing c nor is found c Therefore it is considered that the said Tho. have execution against the said Iohn aswell of the said 20 l of arrearages of the yearly rent aforesaid after the judgment aforesaid given and before the day of the purchasing of the same writ of Scire fac as of 40 s. of arrearage of said yearely Rent after the day of purchasing of the same writ of Scire fac incurred which said arreages in the whole doe Amount unto twenty two pounds by default c. T. 22. Eliz. Dyer fo 377. Pl. 28. record T 24. Eliz. Rot. 1856. Forde London ss It was commanded the sheriffs that they should not omit for any their liberties but that they should take Iohn Davis late of Scire fac to take baile where one comes to the bar and pleads matter in discharge of an utlawry c. utlawed in London ter die c. at the suite of Thomas Jurdaine in a plea of debt c. and safely c. so that they should have his body here at this day to wit in Cr. S. Tri. to do and receive what the Court of the Lady the Queen here shall consider of him in this behalfe c. And now here at this day came the same Iohn in his proper person and the sheriffs now retorne that they tooke the body of the same Iohn and the same have now ready hereupon the same I. so taken and brought to the Bar saith that he ought not to be injured in this behalf and that he by the Law of the land ought not to be charged with the said utlawry because he saith that he at the day of the originall writ of the said Thomas and the day of publishing of the utlawry was conversant and commorant in the parts beyond the Seas Allegation that he lived beyond Sea the day of publishing of the utlawry to wit at the City of Valencia in the parts of Spain without this that the same daies or any of them was commorant or conversant at L. Reg. aforesaid in the same County of Dor. as by the writ aforesaid is supposed For which the utlawry aforesaid against the same John in form aforesaid published and had is altogether void and of no force nor effect in Law And this he is ready to veryfie whereupon he prayeth judgment and that he from the utlawry aforesaid quiet and discharged may be dismissed from the Bar here c. And because it is expedient and needfull that the said T. for his interest in this behalf be premonished before it be further proceeded in to discarge the same Io. from the utlawry aforesaid The sheriffs are commanded that by honest A Scire fac to premonish the party for his Interest c. c. they should make knowne to the said Thomas that he be here tres Tri. to shew if any thing c. wherefore the same I ought not to be discharged from the utlawry aforesaid and hereupon W.W. of c. Merchant and I.B. of L. c. undertook to have the body of the same I here at the same Term so from day to day and at every day of the plea until the plea aforesaid should be ended and judgment therein should be given to wit each of them body for body Bayle body for body c. and the same Iohn Davis assumed for himself to be then here and at every day of the plea under the penalty of 10 l. which said 10 l. the same I. D. acknowledgeth to be made and levied of his Lands and Chattells to the use of the Lady the Queen to whose hands soever c. it shall happen the said Iohn Davis at the same Term or at any other day to him by the Court here in the premisses to be prefixed to make default or not to prosecute his Suit in this behalfe with effect At which day here came the said Iohn in his proper person And the sheriffs now retorne that the said Thomas Jurdaine hath nothing c. nor is found c. therefore as before the sheriffs are commanded that by honest c. they should make knowne to the said Thomas that he be here Men. Mich. to shew in Forme aforesaid Alias Scire fac awarded c. and in the interim the same Iohn Davis is dismissed by the bayle aforesaid c. P 12. Iac. Rot. 448. Walter Tarne of New Castell upon Tyne ss Entry of a Scire fac awarded and returned after a Capias upon statute merchamt into the Bench for the administration of the Conusce of the statute where the Conusee dyed after the capias returned S●e M. 19. Iac. rot 726. P. 2. El. Dy fo 150 Pl. 49. 2. R. 3 fo 8. Pl. 16. that such a Sci●e fac lyeth not in this case F. N. B. fol. 13 Register of writs fo 1486 It was commanded the sheriff whereas it was latly commanded by Writ of the said Lord the King to the same sheriff that the body of I. H. late of H. in the County of Durham Knight if he were a Lay man and found in his bayliwick he should take and in prison of the Lord the King should safely keep untill he had fully satisfied to I. H. c. Gent. of 1600 l. which the same I. H. Knight the 10. day of August An. c. 8. before T. L. then Mayor of the towne of New-Castell upon Tyne and W. I. then Clerk deputed to take Recognizances of deb according to the Form of the statute merchant within the same Towne acknowledged himself to owe to the same I.H. Gent. which to him he ought to have paid at the Feast of the birth of our Lords then next to come the same to him hath not paid c. and in asmuch c. he should make appeare to the Justices of the Lord the King here to wit at Westminster aforesaid Men. Pas last past and the same sheriff to the Justices of the said Lord the King to wit at Westminster aforesaid at that day retorned that the same I. H. Knight is a lay man

demesnes of Fee which said mannor of E. otherwise E. Court with the appurt is chargeable with the execution of the judgment aforesaid together with the mannor and Rectory aforesaid and this they were ready to verifie whereupon for that aswell the said Mannor of E. otherwise E. Court as the said Mannor of P. with the appurtenances whereof the same Francis Bruster was returmed Tenant and the Rectory aforesaid with the appurtenances whereof the said R L. was retorned Tenant are chargeable with the payment of the debt Damages aforesaid the same Francis Brewster and Rob. London pray judgment and that they may not further answer to the said Writ of Si. facias against them in Forme aforesaid brought before the said Tho. Br. by our proces of Scire Facias be premonished to shew wherfore execution upon that Mannor together with the mannor and Rectory aforesaid ought not to be don And therefore we command you that by honest and lawfull men of your Bayliwick you make knowne to the said Thomas Bunell Tenant of the said Mannor of E. alias E. Court and to all Tenants of the lands and Tenements which were of the said Francis B. in Fee simple in your county of the same 15. S. Martin An. 42. abovesaid that they be before our Justices at Westminster 8. S. Hill to shew if any thing c. Wherefore the Debt and Damages aforesaid of the same Mannor of E. al E. Court or of any lands and Tenements which were of the same Francis at the time of the Judgment aforesaid given or at any time afterwards together with the same mannor of P. and the Rectory aforesaid ought not to be made according to the Form of the recovery aforesaid if to them it would seeme expedient and have you here the names of them by whome you shall make it knowne to them and this Writ Teste H Hobert at Westminster the 6. day of November An. 20. et Sco. 46. Retorn BY vertue of that Writ to me directed by I. W. and E. W honest and lawfull men of my bayliwick I have made knowne to the within named Thomas Burnall Tenant of the Mannor of E alias E. court with the appurtenances and that there are no other Tenants of other lands or Tenements in my County to whom I can make knowne A. B. Sheriff T 21. Ja. Hitcham the Kings Serjeant brought a certificat out of the Kings Bench into the Common Bench that if the defendant in any Action wherein Bayle is given die before a non invent be retorned against the Defendant upon a Scire fac the bayle is discharged and this was shewed in the case of Sparrow of Lowgate which is entred P. 19. Jac. Rot. 973. this is the true number Role in Banco Regis P 12. Jac. Co. Banco S. against S. Debt against the baile upon a Rerog in the Kings Bench the Defendants plead that the Pl. died before any Cap. was awarded against them a generall demurrer and judgment with the defendants after much debate H. 4. Jac. Rot. 975. in the Kings Bench D. against C. and W. against L. Seisin H 21. I. rot 2988. Brownlow Oxon ss Entry e fa writ of Habere facias sesinam in dower and the retorne thereof P 3 6 Eliz rot 1559. the like form of entry in dower It was commanded the sheriff whereas Briget Countis of Barkes widow who was the wife of Francis late Earle of Barkes lately in the court of the Lord the King now here to wit at Westminster by the consideration of the same court and recovered her seisin against Fr. R. otherwise N. of the third part of the hundred of Do. with the appur of the M. of D W. upon the greene with the appurtenances and of 200. Messuages 2. Mils 3. Dovehouses c. with the appurtenances in D and W. and also the third part of the Rectory of Weston upon the green and the Advowson of the Vicaridg of VVeston upon the green with the appurtenances as her Dower of the indowment of the said late Earle her late husbend by writ of the said Lord the King de dote unde nichil habet for default of the same Francis R. otherwise N. that to the same Countesse full seisin of the third part aforesaid with the appurtenances to hold to her in severalty by meets and bounds without delay he should cause● to be had and asmuch Tert. pars hundri mannors tenements Rectory and Advowson c. the sheriff should make to appreare here at this day to wit in Cr. Pur. beat Mariae c. and now here at this day came the same Countesse by Rob. Tomblinson her attorney and the sheriff to wit William C. Knight now doth return that he by vertue of the the writ aforesaid to him directed the 15. day of December last past caused to be had to the said Countesse full seisin of the third part of the hundred Mannors Tenements Copyheld land Rectory and Advouson aforesaid with the appurtenances to wit of 11. Messuages 3 Dove-houses 700. acres of land 300. acres of Meadow and 400. acres of pasture with the appurtenances in Dorchester and Drayton being Costomary lands of the mannor of Dorchester and parcell of the said Mannor then in the severall Tenures or occupations of I. p. Gent. E. H. Gent. c. or of their assignes with all lands Tenements cottages Meadowes Pastures Commons Rents Services and Hereditaments whatsoever to the same belonging or appertaining and of the Cheife Rent of twenty shillings and eleven pence issuing out of the Farme of Draycot aforesaid and the lands and Tenements to the sayd Farme belonging and appertaining and also the third part of the profits of the Mannor Court of Dorchester aforesaid The third part of the profits our manerii and of nine Messuages foure Cottages c. with the Appurtenances in Weston upon the green being customary Lands of the Mannor of Weston aforesaid and parcell of the said Mannor then in the severall Tenures or Occupations of I.G.W. H. c. or of their Assignes with all Lands Tenements Cottages Meadowes Pastures Commons Rents Services and Hereditaments whatsoever to the same belonging or appertaining 2 Mills and of all those new buildings called the Brew-house and of one Barne c. And also of two Water mills with the appurtenances in Weston aforesaid and all Tythes yearely growing and renewing Tythes as well out of the same Lands and Tenements in Weston aforesaid in the severall Tenures and occupations of the said I. A. W. H. c. or their Assigns as out of all singular other the Lands and Tenements whatsoever above named and to the Rectory of Weston aforesaid belonging or appertaining Rectory or being parcell of the sayd Rectory of Weston aforesaid and of the West part of the Wood or Copice called Weston wood in Weston aforesaid containing by estimation fourteen acres and of the Tithes from and out of the West part of the same Wood

t●e Pl. la non comor●ns Travers was Comorant and conversant at N. aforesaid within the Isle of Weight in the said county of Southampton without this that he the same day or at any time afterwards was Comorant and coversant at Grayes Inne in the County of Midd. As by the said Record of emanation of the said writ of Exegint above is supposed and this he is ready to verifie whereupon for that the writ of proclamation was not directed to the sheriff of the said county of South wherein the said P. at the day of the issuing forth of the said writ of Exig was comorant and conversant as of right it ought to have beene directed according to the Forme of the statute aforesaid the same P. prayeth judgment and he from the court here of the utlawry aforesaid may be acquitted discharged and set at large c. ANd the said W. saith that he cannot gainesay but that the allegation of the said P. in his discharge of the utlawry aforesaid is true Confession of the garnishee nor but that the same P. at the said Oct. Pur. which day the said writ of Exigent whereupon the same P. was utlawed issuing from the court here was commorant conversant at N. c and that no writ of proclamation in this behalfe was directed to the sheriff of the County of S. as the same P. hath above alleaged c. ANd E. Coke Esquire Attorney generall of the said Lady the Qu. who followeth for the said Lady the Queen in this behalfe Confession of the attorney generall upon a testimony thereof consulting if he knew or would say any thing wherefore the said P. ought not to be discharged from the utlawry aforesaid of which credable information is given him by W. M. of c. and others faith worthy that the allegation of the said P. in the discharge of the same P. from the utlawry aforesaid is true whereupon the same E giveing credit to them sayeth that he cannot gainesay but truly confesseth Judgment that the utlawry be reversed salvo jure Reginae c. that the said P. at the said Oct. Pur. which day the said writ of Exigent whereupon the said P. is utlawed issuing out of the court here was commorant and and conversant at N aforesaid c in the county of S. and that no writ of proclamation was ever directed to the said sherff of S. in this behalfe as the said P. hath above alleaged wherefore it is considered that the same P. be discharged of the utlawry aforesaid and upon that occasion not be molested in any thing nor grieved but goe thereof quiet c. reserving a writ to the Lady the Queen otherwise if c. Entry of a speceill writ of Cap. utlagat amerciament of the sheriff for bad attendance upon the court and not coming to receive a speciall Cap. utlagat Recitall of the speciall Utlagat H 2. Jac. Rot. 1362. Broker Cardigan ss It was commanded the sheriff that he should not omit for any liberty of his county but by the oath of honest and lawfull men of your county you should inquire what goods and chattels lands and Tenements M U c. with all his additions hath or had in his Bayliwick such a day and yeare or at any time afterwards which day he was utlawed in the County of the City of the city of O. at the suit of I. S. in a plea of debt whereof he was convicted As the sheriff of the City of Oxon to the Justices of the Lord the Ki. now here at a certaine day now past retorned P. 24 Iac. rot 323. Vict. in mia 5. marks for retorning trade upon a writ that was ent ed upon Record P. 6 H 8 rot 296. the like sur nichil fec nec remisit H. 8 H 6 rot 333 vic in mia 40 l. for not returning of a writ of Nisi prius H 24 Eliz rot 1702. entry of a speciall amerciament for an insufficient retorn upon an Habere fac possessionem emii Recitall of days given to the sheriff to come and receive the writ sin court And that upon their oath he cause them to be extended and appraised according to the true value of them And such things as shall be found by that Inquisition he cause to be taken into the hands of the Lord the King now safely to be kept so that he may answer to the Lord the King of the true value and issues of them and with them so extended and appraised he make knowne to the Justices of the Lord the King here tli retorn distinctly and openly under his seale and the seales of them by whose oath he had made that extent and appraisment And for that the same M. did ly hid wander and runn from place to place in the county aforesaid in contempt of the Lord the King now and prejudice of his Crowne as the King hath been informed That wheresoever it shall happen the same M. to be found in his Baylickwick aswel within as without the liberties he should take him and safely keep so that he might have his body before the Justices here at the said Terme to do and receive whatsoever the said Court of the Lord the King shall consider in that behalf and it is to be known that at the two severall dayes in that same Term given to the said sheriff of Cardigan by the Court here To come here into the Court and receive the Writ aforesaid to be executed in Form of Law the same sheriff came not here into the Court to receive that Writ therefore the same sheriff to wit R. P. Knight in miserec And he is fined by the Justices here to 12 l. c. TRin. 8. Jac. Rot. 2700 Brownlow Norff. ss It was commanded the Coro of the Lord the Ki of the C. aforesaid that whereas it was testified for the Lord the Ki. in the C. of the said Lord the K. here that divers wits of the said Lord the Ki. by exig of late directed to the sheriff of N. issuing out of the said Court here A special amerciament of the coroners for not certifying of an utlawry after a Cerciorare to them made and before the Iustices here at certain dayes aswell past as to come retornable and many utlawries into the said Court here not as yet certified against the parties Defendants in the same writs named in the county aforesaid published and judgments thereupon are given by the said Coroners And Especially one utlawry against one R. B. late of P. c. in the County of Norff. Gent. at the suite of R. W. in a plea of Debt and because the Lord the King will adhibit due and speedy remedy to the said R. W. in his action aforesaid he doth command the same Coroners that scearching theire Roles and Record and other memorables T. Io 21 23 bayle to an ulawry being in theire custodyes the utlawry aforesaid upon the writ aforesaid

the said writ of Exigent and the said Record from whence the said Writ issued and which ought to warrant that writ in this That in the said Record the said Francis is named F. C. of Lynfield And in the said Writ of Exigi fac he is named F. C. of Lymfeild and so there is variance betweene the Record and Writ aforesaid whereupon he prayeth judgment and that he may be discharged from the utlawry aforesaid Whereupon the writ and record aforesaid being seene and by the Justices here fully understood it sufficiently appeareth to the justices here That the allegation of the said F. in discharge of the utlawry aforesaid is true Therefore it is considered that the said F. be discharged from the utlawry aforesaid And for that occasion shall not de molested or in any thing grieved but goe thereof without day c. M 6. Jac. rot 924. And now here at this day came the said A. by W. K. his Attorney and prayeth the hearing of the writ of Exigi Fac. whereupon the said A. at the suite of the said G. is utlawed Utlary reversed for that the Capias whereupon the Exigent issued was awarded after a yeare and a day without a Sci fac to revive the judgment And it is read unto him in these words James c. which being read and heard the same attorney on the behalfe of the said A. saith That the same A ought not to be charged with the utlawry aforesaid because he saith that the judgment whereupon the same A. was convicted was given in Mich. Term An. Rs. 3. that is say by one yeare three Moneths and more before the proclamation of the said Writ of Capias ad satisf whereof mention is made in the said Writ of Exigent whereupon the said writ of Exigent issued In which case the same G. Execution upon that judgement ought not then to prosecute unlesse he had prosecuted before out of this Court a writ of the Lord the King of Scire Facias to premonish the said A. of being here in Court to shew wherefore the said E. ought not to have execution against him according to the Form of the Recovery if to him it had seemed Expedient And so the said Writ of Capias for execution of the judgment aforesaid in Forme aforesaid prosecuted And the said writ of Exigent thereupon issuing was erroniously prosecuted and for that cause prayeth that the utlawry aforesaid may be adnulled c. whereupon aswell the Record of the judgment aforesaid as the record of the adjudging of the said Writ of Exigi Fac. whereupon the said writ of Capias ad satisfaciendum in the same record recited by the Court here being seen and fully understood It is found that the allegation of the said A. is true Utlary reversed for omission of the word Quinte in the 5. Exact and for that the last County was held upon Sunday Therefore it is considered c. and that the utlawry be reversed M 4. Jac. Rot. 306. Which being read and heard the said A. saith that he ought not to be charged with the utlawry aforesaid because he saith that by the returne aforesaid it doth not appeare That the same A. at the said County of South held at the Castle of Winch. the same eight day of September An. 8. abovesaid was called and so the same A. was not the fift time called as by the law of the Land he ought to have been And also for that the 6. day of October whereupon the last County was held was Sonday in which case according to the Law of this Realme of England the County ought to be held And so the utlavvry aforesaid against the same A. in Forme aforesaid published and had is altogether void And judgement that it be reversed The like reversall in Mich. 44 45. Eliz. rot 1909. Utlary reversed for that the day of the 5 Exact was before the Test of the Exigent T 13. Iac. Rot. 3617. Brownlow Which being read and heard the same Robert saith that he is injured c because he saith that it is vicious to vvit in that that it appeareth That the said first day of March An. Sup. upon vvhich day the said Robert vvas quinto Exactus vvas longe before the issuing forth of the said Writ of Exigent And for that cause and others in the returne aforesaid being prayeth judgment that the utlavvry aforesaid may be reversed c. vvhereupon c. And it vvas reversed c. Int. Smith and Wingham M. 10. Iac Rot. 3398. the like Cook against Tompson Primo Exact held after the return of the Exigent M 10. Iac. Rot. 1708. Brownlow Bradbury adv Allen Exigi Fac. retornable Tres Trin. T. 24. Ia. 8. I. The first County vvas held 7. Feb. 9. Ia And because it appeareth by the returne aforesaid That the first county vvhereat the said E. vvas first called vvas held after the retorne of the said Writ of Exigent and for that cause c. Vtlary reversed for omission of the word Scotie out of the stile of the Writ T 13. Iac Rot. 3527. Brownlow Hearing of the Writ of Exigi fac is prayed vhich being read c. the said Writ is vicious to vvit in this that this vvord Scotiae is omitted in the beginning of the said vvrit And for that cause and others being in the said Writ he prayeth judgment c And the utlavvry is reversed betvveen Walker and Vaughan H 12. Iac. Rot. 2265. Brownlow Utlavvry reversed for not naming the names of the Coroners particularly at the end of the retorne of the Exigent Vtlary reversed for default of the Coroners names and hereupon the same I. prayeth hearing of the return of the vvrit de Exigi Fac And it is read to him in these vvords At my County held c. untill Therefore by the judgment of the Coroners of the county aforesaid he is utlavved vvhich being read and heard onerari non because he saith that in the record aforesaid no mention is made of the name of any Coroner vvho gave judgment upon that Writ or should vvarrant the judgment And for that cause the returne aforesaid is insufficient in lavv in t Lavel and others at the suit of Godolph see Harper fo 19 a by Justice Browne If the sheriff retorne upon the Exigent the quinto Exact et non Compe Ideo ut lagat est It is a good return Although he retorne not the judgment of the Coroners for it is comprised in these words Ideo ipse utlagat est H 12 Jac. rot 1949. Brownlow Utlar Waviar reversed for the same defect Reversall for omitting the Coroners Names which being read c. the same Martha and Anthony say that they are wronged in this behalfe and that the same M of the Waiver aforesaid or the said Anthony with the Outlawry aforesayd ought not by the Law of the Land to be charged because they say that the return aforesaid is vicious and

insufficient in Law for that the names of the Coroners of the said county of Yorke who gave judgement upon the Waivery and utlawry aforesaid are omitted in the sayd Returne whereupon c. that the allegations of the said Martha and Anthony in discharge of the said M. from the waivery aforesaid and of the sayd A from the Outlawry aforesaid are true therefore the same M. from the Waivery aforesaid and the said A. from the Outlawry aforesaid are discharged and for that occasion shall not be molested or in any thing greived but go thereof without day c. T 14. Jac rot 3603. Brownlow London Utlary reversed for returning the first Hustings to be held at the Common Pleas and the other to be held at the Pleas of land Reversall for holding the first Hustings at the Common pleas and the four other at the pleas of Lands c. prayeth hearing of the returne of the Exigent which being read Onerari non because he saith that by the Return aforesaid it appeareth that the same George and Arthur were first called at the Hustings De cmmunibus placitis and the 2 3 4 and 5. that they were called at the Hustings De communibus placitis terrae whereas they ought to have been called at Hustings certain so that they might have rendred themselves to the said sheriffs to save themselves from the sayd Outlawry and for that cause the sayd Return is insufficient in Law and this c. judgement that the Outlawry be reveversed c. Note That in H. 12. Jac. That by the opinion of the Justices Prothonotaries and Clerkes of the Counter that an Outlawry upon an Allocat as this is shall not be reversed because the Defendant ought to be demanded at the next Hustings c. As the words of the writ c. whether it be the Hustings Nota bene De communibus plcaitis terrae or De communibus placitis c. the reversall before was between Carnes and Mamvering and others T 14. Jac. rot 3603 Br. Reversall for not naming the day the sheriff called the Defendant at the second County Utlary reversed for not returning the day on which the second County was held at my County held at the Castle of Leicester in the County aforesaid the said Iohn was the second time called whereas it ought to have been at my County held at the Castle of Leicester in the County aforesaid such a day and yeare the same Jo. c. and prayeth hearing of the Writ of Exigi fac which being read and heard Onerari non because he saith That it doth not appear by the Returne aforesaid what day the said County whereon the said Jo. was the second time called was held upon as of right it ought to appear and for that cause the returne aforesaid is insufficient in Law judgement that the Outlawry be reversed Int Newton Hustings c. Vtlawry rever-for holding two Counties within the moneths to wit by more dayes then 28. T 14. Iac. rot 3603. Hearing of the return of the Exigent prayed which being read c. Onerari non because he saith that it appeareth by the return aforesaid that they were the second time called at the County held the fourth day of Ianuary and the third time were called at the County held the twenty ninth of February and that between the same twenty ninth day of February and the same fourth day of Ianuary were fifty six dayes and so the same two Countyes at which the same E. and A. were the second and third time called were not holden from Moneth to Moneth as of right they ought to be held Eaque de causa c. judgement the Outlawry be reversed between Wilson and others and Thornhill Vtlawry reversed for returning utlegat for Waviat T 14. Iac. rot 3604. Brownlow Cornub. Outlawry reversed for returning Vtlegat est for Waviat est and prayeth hearing of the Return of the Exigent which being read c. Onerari non because she saith that every woman upon any Writ of Exigi fac being the fifth time called and not appearing ought by the Law of the Land to be waviated and not outlawed which doth not appear by the Returne aforesaid that the same Beatrix was waviated which of right ought to appeare and for that cause the said Returne is insufficient in Law judgement that the Waviary be reversed Int. Trelowny and Bastard Vtlawry revesed for omission of the word Ante. T 14. Iac. rot 2071. Brownlow Canterbury ss Reversall for Munday next the Feast c. Return of the Exigent prayed to be heard which being read c. Onerari non debet because he saith that it appeareth not certainly by the Return aforesaid whether the said E was the fifth time called Die lunae prox ante festum c. or Die lunae prox post fest c. and so by that returne it appeareth not certainly what day the said Hustings at which the said E. was the fifth time called was held so that he at the same Hustings could not render himselfe to the said Sheriffs of London to save himselfe from the Outlawry aforesaid and for that cause the sayd Returne is insufficient in Law and this c. judgement that the Outlawry be reversed Int. King Porter T 13. Iac. rot 2528. Outlawry reversed for omission of the word terre in the first Hustings H 12 Iac. rot 2165. For omission of the word Anno. H 30. Jac. rot 1205. Brownlow Middlesex ss Vtlawry reversed for variance between the Originall writ and the Exigent Reversall for variance between the Originall Writ and the Exigent And pray Oyer c. And hereupon the said R. and I. pray hearing of the Originall Writ whereupon they are in forme aforesaid outlawed and it is read unto them in these words James by the Grace of God c. And also pray hearing of the Writ of Exigent which issued forth upon the Originall Writ whereupon the same R. and I. are in forme aforesaid outlawed and it is read unto them in these words James c. which being read and heard Onerari non c. because they say that it manifestly appearreth that there is varience betweene the said Originall Writ and the said Writ of Exigi fac that is to say in this that in the Originall Writ it is contained that the said Ralph Moore should render to Nicholas T one hundred pounds and in the Writ of Exigi fac it is contained that the said Ralph should render to the said N. T. one hundred pounds and so the Originall Writ doth not warrant the said Writ of Exigi fac as of right it ought for which said cause and others in the said writ of Exigi fac specified they pray judgement that the Outlawry aforesaid may be reversed c. whereupon the Writs being seen c. Therefore it is considered that the said R. and I. be discharged from the Outlawry aforesaid and for that

whereas in truth Martine Lumnly was not then sheriff of the said City but certaine Martain Lumnley and the said Peter Probey were then sheriffs of the said City c. M 23. and 24. Eliz. rot 339. Midd. ss For that the same R. by vertue of the publishing of the utlawry aforesaid Utlary reversed for that the Supersedeas upon the Exigent was entred upon Record before the Defendant was 5 exactus to wit the 27. day of Ap. An. c. came here into the court and then proved a writ of the said Lady the Queen of Super quia improvide For that the said Writ of Exigi fac whereupon the said R. is utlawed out of the Court here erroniously issued For that the said Rob. by the said I. C. his attorney at the day of the returne of the plu Cap. thereupon and alwaies afterwards before the issuing forth of the said writ of Exigi facias often times offered himselfe to answer to the said M. in the plea aforesaid By pretext whereof it is commanded to the said sheriff of Midd. that of putting in Exigent utlawing taking or in any thing molesting of the said same R by occasion of the premises he be altogether Superseded as by the said Writ of Supers entred upon Roll in the Court of the Queen in the county held 15. Pas Rot. 1020. it sufficiently appeareth And this the same I. C. for the said R. is ready to veryfie by the Record And so the utlawry aforesaid against him in Forme aforesaid published is void Whereupon he prayeth judgment and that the said R. may be quiet of the utlawry aforesaid and discharged from the court here and set at large whereupon the Record being seene and upon the oath of R. U. servant of the said I. C. of his delivery of the writ of Sup. before the publishing of the utlawry aforesaid To one T. L. then being under sheriff of the county of Mi. before I. Dyer Knight Cheife Justice here examined and also the said T. L. then present not contradicting the reception of the said writ It sufficiently appeareth to the Justices here that the allegation of the said I. C. in discharge of the said R. from the utlawry aforesaid is true therefore it is considered that the said utlawry be adnulled and altogether taken for nothing And that the said R. upon that occasion be in nothing molested or grieved but goe thereof without day c. M 19. Iac. rot 2047. Brownlow London in t B. and E. Oyer of the return of the Ex. fac prayed which being read c. onerari non because he saith that in many places of the said return is used a certaine word to wit Civit. written for this word Civit. which word Civit. so written is no word of sense nor Latine having in it any signification Eaq causa Utla● reversed for this Word Civit. for Civitat H 12 Jac rot 2265 quto for quinto the utlawry reversed by Justice Hutton Hill 8. Iac. Rot. 3526. Coronator for Coronatorum H. 12. Iac. Rot. 1949 Brownl inter S. and S. exact and not written exact with a dash T. 13 Iac. Rot. 3538. ura for vra T 19. Jac. rot 635. Anino for Anno. H. 11. Ja rot 3524 praedictus for praedictis same roll mercii for marcii rot 3522 mertris for martins ad Com. Exon for ad commit Civitatis Exoniae T 13 Jac Rot. 3527 Brownlow quinto Exactus for quarto Exact 13 Jacobus Rot 2538 utlawry that it appeared not where the Castle of Leic. is Hill 12. Iac. rot 2265. T. 13. Iac. rot 3538 that there is no such Feast as Kenelim Rs. and Martiris T. 13. Iac. Rot. 635. for no returne in the Writ of Exigi fac-to warrant the writ H. 37 Eliz. rot 132. non comperuit omitted in the retorne of the Exigi fac P. 24 H. 6. rot 24. reversall for that 2. Cap. were filed and not the plures T. 9. Iac. rot 129. Crompton for that the Feast at which the first hustings were held was before the Test of the Exigi fac M 10. Iac. rot 1709. Brownlow reversal for false Lattine Vtlary of the intestate reversed by the Administrator by speciall entry in the same term in which the Utlary was reversed to wit comperuit for comperuere H. 11. Iac. rot 3522. reversall for that it appeareth not in the returne that the old sheriffs had delivered the Writ to the new M 21. Iac. rot 3059. Brownlow Norff. ss It was commanded the sheriff that he should not omit for any liberty of the County aforesaid but that he should take I. B. late of F. in the County aforesaid Gent. Executor of the Testament of I. B. late called I. B of F in the County of Norff Yeoman utlawed in the County aforesaid 6 Ap. An. 22. Eliz. at the suite of W. Gray Administrator of the goods and Chattles which were of R. G. who dyed intestate c. T 3. or 5 Car rot 531. the like for B. in a plea of debt whereof he is convicted if c. And safely c. so that he should have his body here at this day to wit in Oct. Martini to doe and receive what the Court of the Lord the King shall consider of him in that behalf Return mortues And now here at this day to wit in Oct. S. Martini the sheriff of the said County of Norff. to wit R. B. Baronet retorneth that the said I. H 12 Jac rot 829. tiel H 45 Eliz rot 2834. generall pardon pleaded by the Executor for him that died utlawed is dead And hereupon came in to the Court one R. S. of F. in the county aforesaid Gent. Administrator of the goods and Chattles which were of the said James in his proper person and saith that the said Iames after the publishing of the said utlawry to wit The 8. day of Ianuary An. 20 Rs. nunc at F. aforesaid dyed intestate c. And that the administration of the goods and chattles which were of the said I. at the time of his death by Robert Redmaine Doctor of laws c. The tenth day of Ianuary An. Dom. 1622. at F. aforesaid to the said administrator after the death of the said Iames was committed and he bringeth here into the Court the letters administratory of the said Officiall which the commission of the administration aforesaid in Forme aforesaid testifie c. whose date is the same 10. day of Ianuary An. Dom. 1622. abovesaid and for the securing of the goods and chattles which were of the said I. at the time of his death from the utlawry aforesaid he prayeth the hearing of the return of the said writ de Exigi Faciend whereupon the said Ia. at the suit of the said VVilliam was utlawed And it is read unto him in these words Norff. At my county held at the castle of Nor. within the shiere-house in the county aforesaid the 25. day of December An. Reg. 24 within written The within

that the moyety should be redelivered remayneth against the said I.N. thereof without defence Therefore it is considered that the said I. N. of the moneys received by the same I. aswell for the issues and profits of the moyetyes aforesaid as of the woods and under-woods aforesaid in the said moyety late growing by the same I. N. cut downe and sold should account with the said T. B. And also that the moyety of the Tenements aforesaid with the appurtenances should be redelivered to the said T. B. And hereupon the same T. B. prayeth a Writ of the Lord the King and of the Lady the Queen de Reliberand to the same T. B. the moyety aforesaid to the said sheriff of Warr. to be directed and it is granted him retornable in Cr. S. Martin c. Entry of a Venire facias direct d by the 〈◊〉 of the common Bench to the keeper of the Pallace of the Lord the King of West who is the warden of the Fleer to retu●ne a Iury of attornies of the Common Bench to inquire of all misdemeanours done in the same Court ss It was commanded the Keeper of the Pallace of the Lord the King of Westminster that he should cause to come before the Justices of the Lord the King of his Bench here the 29 day of November that same Term 12 attornies of the Court of the Common Bench here whereof every one of them should have 100 s. in lands Tenements or rent by the yeare at the least by whom the truth of the matter might be the better knowne to inquire upon theire oath of all Felonies Falsehoods rasures and deceits whatsoever in the court of the Lord the King here done or committed c. At which day W. B. Esquire keeper of the pallace aforesaid retorneth here a certaine Paunell with the names of the Jurors c. 16. of whom to wit W. K. c. are elected and sworne to inquire of and upon the premisses whreupon further day is given to them by the Court here to inquire of and upon the premisses here untill Cr. Pur. At which day here came the said Jurors And hereupon for certaine causes the Court here moving further day is given them by the court here to inquire of and upon the premisses untill tres Sept. Pas At which day here came the Jurors aforesaid who say upon their oath that whereas otherwise to wit in the Term of S Hillary An. Rs. nunc 17. before Io. Br. Knight and his associats then Justices of the Lord the King of the Common bench at Westminster one 1. Allen Knight prosecuted a certaine account of debt against Robert Hodgson late of Presentment made by the inquest of the attornies c. Gent upon demand of 20 l. And the same R. in the said Court by R Swinlow his attorney appearing in the defence by him made saith nothing in Bar of preclusion of the action of the said I. A. aforesaid for which it was then considered there that the same I. should recover against the said R. his debt aforesaid and his damages by occasion of the detayning of that debt as it appeareth in the same Term rot 325. and the same R. afterwards for that cause was put into the Hustings of London to be utlawed and for that cause afterwards was utlawed as it doth appeare in Trinity Term An. Rs. nunc 18. rot 260. and afterwards to wit 12. November An Rs. nunc 21 at Westminster in the county of Midd. in the Tresure-house there whereunto the records of the Lord the K. belong to the Common Bench under the custody of Geo. Roll Clearke of the Tresury aforesaid were kept these words or sayings to wit Wassan and Sinhowe by the procurement of the said Ro. Hodgson were rased to the intention to vacat and altogether to make null the utlawry aforesaid and of the same word or saying called Wassand was made warrand and of the same word or saying of the name of the attorney of the said Robert Hodgson called Swinhow the letter H. at the end of the same Writ was cased and abstracted and the letter H. was made the letter B. so that the name of his attorney on the plaint aforesaid by the procurement of the said Ro. Hodgson by reason of the said rasure now is Swinbowe in contempt of the Lord the King but who or whom rased that record the Jurors hithrto are altogether ignorant and hereupon the Jurors aforesaid have further day to inquire of and upon the premisses to wit untill the feast of St Iohn Baptist then next following c. At which day here came the Jury aforesaid and upon this day is further given to the Jury aforesaid to inquire of and upon the premisses here untill 15. Mich. then next following c. Withernam P 44. Eliz. rot 1201. ss It was commanded the sheriff Entry of pledges of new after withernam and warding of second deliverance and awarding of a writ ad Deliberan averia capt in Withernam upon an nonsuit beore appearance whereas W. H. bad been summoned to be in the Court of the Lady the Queene here to wit at Westminster to answer I K of a plea wherefore he took a certaine Oxe of the said I. and him unjustly detayned against sureties and pledges c. The same I. afterwards in the same Court of the Lady the Queen here to wit at Westminster made default by which it was considered in the same court of the said Lady the Qu. here that the same I and his pledges of prosecuting should be thereof in mercy And that the same W. should goe thereof without day and that he should have retorne of his Oxe aforesaid whereupon it was commanded to the same sheriff 30 H 8 Dier so 41. Pl 4 and fo 59. Pl 14 Pasch 27 Eliz rot 1134 entry of a w it of Capias in withernam in like case H. 19 7 rot 401. like entry P 44 Eliz. rot 1935 inter L and P and others that without delay he should make retorne of the said Oxe to the same W. And should not deliver him at the complaint of the said I. without a Writ of the said Lady the Queen that of the said judgment should make expresse mention And in asmuch c. he should make appare here in Cr. Pur. last past And the same sheriff to the Justices of the said Lord the King here at this day retorned that before the comming of the Writ aforesaid the said Oxe was inlarged by the same J. to places altogether to him unknown so that he could not make retorne of the Oxe aforesaid to the said W as by the said Writ to him is was commanded Therefore c. that of the cattle of the same I. to the value of the Oxe aforesaid before taken he should take in Withernam and should deliver them to the said W. to hold to him untill the Oxe aforesaid before taken could be retorned And that he should put by Sureties and

Entry of a Scire fac against 1. execut to have execution upon a Sc. fac against 2 executors the sheriff retorneth no goods in the hands of one and a Devastavit against the other ib Entry of a Scire fac and of a generall acquittance pleaded in Barr thereunto ib. Entry of a Scire fac against Coheires who make default and execution awarded pro Portion de hereditate conting 140 Entry of Scire fac against tenants for exempting a fine and demurrer for the non-age of the heire ib. Entry of a Scire fac against a Termor ib Entry of a Scire fac brought by heire of the plaint in partition who after judgment and before partition made dyed ib. Entry of a Scire fac to have execution seisin de novo for that the sheriff in favour of the tenant had not duly made his executions pleas and judgments for the plaintiff upon demurrer 141 Entry of a Scire fac in a Quare impedit the defendant pleads in bar that Pendente Brevi de quare impedit the plaintiff was utlawed and that he resigned c. 135 Entry of a Scire fac against principall baile to prosecute an Audita Querela Entry of a Scire fac where lands are extended by the plaintiff where the sheriff returns that he extended the same lands upon an other writ of Elegit and delivered them c. and that he cannot deliver them to the plaintiff untill the first debt be levied 149 Entry of a Scire fac against a conusee in a statute merchant brought by the Conusor to have back the possession of Lands extended for that he is satisfied 152 Entry of the like Scire facias upon promise that the Conusee is satisfied Per fluxum temporis speciall pleadings ibid. Entry of a Scire facias after a Devastavit returned brought by the Administrators of the Plaintiff after Iudgement upon the Devastavit to have Execution de bonis proprij 150 Entry of a Sci. fac against a sherif for taking of insufficient pledges in Repleg 151 Entry of a Scire facias upon a Recognizance acknowledged before a Judge of the Common Bench in the Country 156 Entry of an Inrollment of a Recognizance with the Term and number roll expressed and a Scire facias thereupon ibid. Entry of a Testat Scire facias against Ter-Tenants upon the Sheriffs returne who say that there is another Ter-Tenant in another County Non praemonuit and pray that they may not answer to the Writ of Scire facias usque alius praemoniatur adjudged a good plea and a Replication c. 146 Entry of a Scire facias against Ter-Tenants of Lands tempore judicii reddit who came not and a Writ of Elegit is awarded c. 161 Entry of a Scire facias Ter-tenants two are returned 1 makes default Execution awarded against him of Lands whereof he is Tenant and the other pleads 162 Entry of diverse Testat Scire facias awarded into severall Counties against the Ter-Tenants ibid. Entry of a Scire facias by the Heire and Executor of the Demandant to have Judgement in an Assise of Niusance Quod nocumentum amoveatur and for Damages after the Record of the Assise is certified into the Vpper Bench plea and judgement by Nil dic ibid. Entry of a Sci. fac for the tenant in a writ of Dower to have execution of the lands to the value of the third part recovered in Dower after Seisin had of the third part demanded 165 Entry of a Scire facias sued out by Administrators upon a judgement had by them as Administrators c. without shewing the Letters of Administration ibid. Entry of a Sci. fac against a Sheriff to render to the Plaintiff so many cattell as were replevied by him by pledges for that the pledges are insufficient 166 Entry of a Writ of Scire facias in debt for the Demandant against a stranger Judgement that the demandant have the third part c. 169 Entry of a Writ of Scire facias upon a judgement in a Writ De anuo redditu to have execution De arreragiis incursis after judgement ibid. Entry of a Scire facias to take Bail where one comes to the bar and pleads matter in bar to an Outlawry 170 Entry of a Scire facias awarded and returned after a Capias upon statute Merchant into the Bench 171 Entry of a Scire facias against Manucaptors 173 Entry of a Scire fac in Audita que resa 174 Entry of a Scire fac after a Scire fac against Ter-tenants with the retorne of the writ 175 In all cases wherein baile is required if the defendant die before a non est inventus retorned upon the Scire fac the baile is discharged ib. Seisin Entry of a writ of Hab. fac fesinam in dower and the returne thereof 177 Summons Entry of a writ of Summons in an attaint executed and awarding of resummons against the defendant 179 Entry of the like writ with the awarding of a Distringas against the grand jury the party and petty Jury ib. Entry of a Summons in a Quare impedit with the essoine and attachment awarded for default ib. Spec entry of a summons in a Quare impedit the Sheriff returns a tarde and another awarded 181 Entry of an alias summons in a quare impedit in severance and an attachment awarded against the defendant ib. Surrender The surrender of a Philizer office 181 The like entry ib. The like entry ib. The like entry ib. Supersedeas Entry of a Supersedeas to a Capias in Withernam quia inconsult emanavit averia elongat retorned 182. Entry of a Supersedeas to an Exegent and pledges de novo 184 Entry of a Supersedeas in the upper Bench to discharge sureties of peace in the Common Bench ib. Entry of a Supersedeas after a fieri fac ne vendi exponas 185. Ventre inspiciendo Entry of a writ de ventre inspiciendo 186 Utlary Entry of non omittas upon a Capias Utlegat 187 Entry of a reversall of an utlary against an intestate prosecuted by an administrator for defect in the returne of the Writ of Exigent 188 Entry of a reversall of an Vtlawry for defect in the Proclamations 189 Entry of a traverse of a Commorance in another County and reversall of the Vtlary Pur non commorance c. 191 Entry of a confession by the Garnisee ibid. Entry of a confession by the Attorney Generall upon a Testimony and reversall of the Vtlawry ibid. Entry of a speciall Writ of Capias utlagat and amerciament of the sheriff for bad attendance upon the Court ibid. Entry of a speciall Amerciament against the Coroners for not certifying of an Vtlawry after a Certiorare to them made ibid. Entry of a reversall of an Vtlawry for insufficient return of the certiorare 193 Entry of a reversall for variance between the record and the writ of Exigent 194 Entry of a reversall for that the cap. whereupon the exigent

issued was after a year and a day without a Sci. fac to revive the judgment ib. Vtlawry reversed for omission of the word quint. in the 50. exactus ib. Reversall for that the day of the fift Exact was before the teste of the Exigent ibid. The like for that the 1 exact was held after the returne of the Exigent ibid. The like for omission of the word Scotiae out of the stile of the writ ibid. The like for default of the Coroners names ib. Vtlawry and waiviar reversed for the same defect 197 Vtlawry reversed for not returning the first Hustings to be held at the common pleas and the other at the pleas of Land ibid Entry of a reversall for not returning the day on which the second County Court was held ib. Reversall for holding two County Courts within one moneth 198 Reversall for returning Utlagat for Waviat ibid. Reversall for omission of the word ante ib. Reversall for omission of the word anno ib. Reversall for omission of the word terre ibid. Reversall for variance between the Originall Writ and the Exigent 199 Reversall for that the Defendant was called the 1. and 2 time before the Teste of the Exigent ib. Entry of a reversall where the fift County was held before the teste of the writ of Allocat ibid. Reversall for omission of the word Mem. ibid. Reversall for omission of the word Tent. Secunda being written without a dash 200 Reversall for that the Capias was not returned 200 Reversall for the word infram for infra nominat 201 Reversall for that the Supersedeas upon the Exigent was entred upon the Record before the defendant was 50 exact ibid. Reversall for the word Civit for Civitat 202 Reversall of an Vtlary against the Intestate by the Administrator by a speciall entry in the same terme wherein the Vtlawry was reversed ibid Another forme of reversall of an Vtlawry against the Intestate by the Administrator 204 Reversall for that there is no such name of Baptisme ibid. Reversall for that in the Margent of the Roll the County of Kent and in the body of the Record the County of Sussex is written 204 Reversall for vitious and defective Returne in Law 205 Reversall for omitting of the second exact between 1. and 3. ibid. Reversall for omitting of the return of the Plur. Cap. in the close of the Writ of Exigent ibid. Entry of a discharge of an imprisonment because the Exigent is not entred upon Record ibid. View ENtry of a Writ of view in Formidon in Discender 207 Entry of a writ of view in a Writ De consuetudinibus Serviciis ibid. Entry of an alias writ where the sheriff returned upon the first Writ that the Demandants would not shew him the Land ibid. Venire facias Entry of a Venire facias against Tenant in Elegit to account c. wherein are speciall pleadings and Judgement by Nil dicit 208 Entry of a Writ of Venire facias directed Custod Palatii Westm to summon a Jury of Attorneyes to enquire of misdemeanors done in the Court of Common Bench 210 Withernam ENtry of pledges de novo after Withernam and awarding of a writ of second deliverance and awarding of a writ Ad deliberand averia 211 Entry of a Testat capias in Withernam where gage-deliverance is prayed of cattell taken in Withernam ibid. The like Entry after Capias in Withernam entred and pledges found if return thereof should be adjudged by the Court 114 FINIS

outlawry aforesaid it was manifestly erred in this that within the county of Lincoln aforesaid were and at the day of purchasing of the originall Writ aforesaid and also from the time wherof the memory of man is not to the contrary there were two Townes one called Humby the great the other Humby the lesser and neither Towne was named or called Humby alone without addition and this he was ready to veryfie whereupon he then prayeth judgment and that the utlawry aforesaid for the said Error and c. others in the Record proceedings aforesaid being might be revoked adnulled taken altogether for nothing And he to the common Law of the Realm of the Lady the Queen of England and also to all things which he had lost by the occasion of the utlawry aforesaid might be restored c. And then the said T. B. prayed a writ of the said Lady the Queen to premonish the said Charles of being before the said Lady the Queen to hear the record and proceedings aforesaid and it was granted him Scire facias c. Whereupon it was commanded the sheriff that by honest c. he should make knowne to the said Charles that he should be before the said Lady the Queen in Oct. S. Marti then next following wheresoever c. to hear the record and proceedings if c. and further c. the same day then given to T. B. c. And hereupon then came W K. of c. Gent. S. T. of the parish c. Gent. I D of London Yoeman and L. R c. and undertook for the same Iohn Beverly to have the body of the same Thomas before the said Lady the Queen at the same Term The plaintiff bayled corpus pro corpore and so from that day untill c. every of the said Manucaptors body for body c. at which said Oct. Martini before the said Lady the Queen at Westminster aforesaid came the said Thomas B. in his proper person and the sheriff of the said county of Lincoln then returned there that by vertue of the said writ to him directed by G. S. and R. B. honest c. he had made knowne to the said Charles B. of being before the said Lady the Queene at the day and place in the same Writ contained to hear the record and proceedings aforesaid if c. according to the exigency of that writ which the said C. B. the 4. day of the plea being solemnly called by S. W. his attorney came whereupon the said Thomas as before then said that in the record proceedings aforesaid and also in the publishing of the utlawry aforesaid it was manifestly Erred alledging the Error aforesaid by him in form aforesaid alledged and prayeth that the utlawry aforesaid for that error and others in the record and proceedings aforesaid found might be revoked adnulled and altogether taken for nothing And that he to the Common Law of the Realme of the Lady the Queen of England and also to all things that he by occasion of the utlawry aforesaid had lost might be restored and that the said Charles might rejoyne to the said Error And the same C. prayeth licence therein to imparl and it was granted him c. here upon day therein was given to the parties aforesaid before the Lady the Queen here untill in 8. S. Hill then next following wheresoever c. to wit the said Charles Baudes of speaking to the said Error and then to rejoyne to that Error at which said Oct. S. Hill before the said Lady the Qu. at Westminster came aswell the said T. B. in his proper person as the same Ch. by his attorney aforesaid And the same C. then said that the utlawry aforesaid ought not to be revoked because he said that within the County of Lincoln aforesaid was and at the same tine of the purchasing of the originall writ aforesaid and also from the time whereof the memory of man is not to the contrary there is one Towne called and known aswell by the name of Humby alone as by the name of Humby the great this he was ready to verifie whereupon he prayeth judgment and that the judgment aforesaid in all things might be confirmed And the said Thomas Beverly as beforesaid That within the said County of Lincolne were and at the same time of purchasing of the originall writ and also for the time whereof the memory of man is not to the contrary were two Towns the one called H. the great the other called H. the lesser without this that within the county of Lincoln aforesaid was and at the same time of purchasing c. was one Towne called and known by the name of H. only Travers as by the name of H. the great in manner and Form as the said C. B. above in pleading had alleadged and this he was ready to verifie whereupon as before he prayed that the utlawry aforesaid might be revoked adnulled and altogether taken for nothing And that he to the common Law of the Realm of the Lady the Queen of England and to all things which he by occasion of the utlawry aforesaid had lost might be restored c. And the same Charles as before said that within the county of Lincoln aforesaid there was and at the same time of purchasing of the originall writ aforesaid was one Towne called and knowne aswell by the name of Hu. only as by the name of Humbly the greater in manner and Forme as the said Charles had above alledged and of this he put himself upon the Country and the said Thomas likewise therefore it was then commanded the sheriff of the said County of Lincoln that he should cause to come before the Lady the Queene in Oct. Pur. 12. of the body of the County of Lincoln by whom c. And recite the Postea who say upon their oath that within the county of Lincoln aforesaid there is not nor at the within written time of purchasing of the said originall writ within writien was there a Towne called and knowne aswell by the name of Humby only as by the name of Humby the great as the same Thomas B. hath within alledged whereby it was then considered in the same Court there that the utlawry aforesaid should be revoked adnulled and altogether taken for nothing and the same Thomas B. to the common Law of this Realm of England and to all things that he by occasion of the utlawry aforesaid had lost should be restored c. And this he is ready to verifie whereupon he prayeth judgment and that the said Thomas Beveley may be barred from having execution against him of the judgment aforesaid c. Judgment was given against the Queen quaere T 11. Jac. rot 707. Brownlow ss Otherwise as it appeareth A Scire faci●s brought against the principa●l and bayl to prosecute an Audita querela where judgment was given for the plaintiff upon Nil capiat pro bre Pas 11.

Jac. Rot. 1510. It is thus contayned Mid. ss It was commanded the sheriff whereas G. B. of Cobham in the County of Surry gent. had prosecuted a certaine Writ of the Lord the King of Audita querela to the Justices of the Lord the King here directed against one I. D. Doctor of the Lawes upon a certain judgment in the Court of the said Lord the King of the Common Bench here given for the same Iohn against the said O. given aswell of a certaine debt of 200 l. as of 33 s. and 4. d. for his damages which the same I. had by occasion of detayning of that debt by the same Iohn against the said O. in the same court of the said Lord the King here rccovered and the same O thereupon afterwards to wit the 29. day of May An. Rs. c. 7. out of the same Court had obtayned a certaine writ of the said Lord the King directed to the sheriff of Suss against the same Iohn to premonish the said Iohn of being before the Justices of the said Lord the King here to wit at Westminster such a retorn the next following to answer to the said writ of Audita querele And further to do and receive what the Court of the Lord the King shall consider of him in that behalf and whereas also afterwards to wit the said 29. day of May An 7. abovesaid in the same Court before the Justices of the said Lord the King at Westminster came E. M. of c. G. M. of c. T. W. of c. and R. E. and undertook and every of them did undertake for the same O. in the summe of 200 l. and the same O then present in the same Court undertook for himselfe in the summe of 500 l. to prosecute the said writ of Audita querela with effect and if it shall happen judgment against the said O. in this behalfe to be given that then the same O. should satisfie to the same I. of the debt and damages aforesaid in the same Court recorded which said summe of 500 l. the said Owen acknowledgeth of his Lands and Chattles to be made and to be levied to the use and behoofe of the said Iohn And which said severall sumes of 200 l. every of the Mnucaptors aforesaid acknowledge of their Lands and Chattles and every of them to be made if it should happen the said Owing to make default in any of the premisses and thereof to be lawfully convicted and although afterwards to wit in the morrow of the holy Trinity An. Rs. c. 8. after the appearance of the said Iohn to the writ aforesaid made in the Court of the said Lord the King before his Justices here to wit at Westminster by the judgment of the same Court it was considered that the said Owing shall take nothing by the said writ aforesaid but should be in mercy for his false clamor therein And that the said Iohn should goe therein without day c. and prosecute for his execution if to him it should seem expedient Neverthelesse the said Owing of the said 200 l. of the debt aforesaid the said 33 s. and 4 d. for the damages aforesaid hath not satisfied to the said Iohn neither the said Owing the said 500 l. by him in Form aforesaid acknowledged to the said Iohn hitherto hath not paid nor the same Edmond George Thomas Robert or any of them the said 200 l. by them severaly in Form aforesaid acknowledged of their lands and chattles to the same I. D hitherto hath paid as by the information of the said Iohn the King understandeth And because c that by honest c. he make knowne to the said O. E. G. T. and Rob that they should be here at this day to wit 15 Pas to shew if any thing c. to wit the same O wherefore the same 500 l. by him in Form aforesaid acknowledged of his lands and chattles and the same E G. T. and R. wherefore the same 200 l. by them severally in Form aforesaid acknowledged of their Lands and Chattles ought not to be made and rendred to the said Iohn according to the Forme of the acknowledgment aforesaid if c. At which day here came the said John by I N his attorney and offered himself the 4. day against the same O. E. G. T. and R. in the plea aforesaid and they being solemnly called came not and the sheriff now retorneth that they have nothing c. nor are found c. Therefore as before it was commanded the sheriff that by honest c he should make knowne to the said O. E. G. T. and R. that they should be here 15 Pas to shew in Form aforesaid c. At which day here came aswell the same Iohn by his Attorney aforesaid as the said O. E. G. T. and R. by Oth. Gager their Attorney and the sheriff as before retorneth that they have nothing c. nor are to be found c. And hereupon the same Iohn prayeth execution against the said Owin of the said 500 l. by the same O. in Form aforesaid acknowledged and against the same Edmond for the same 200 l. by the same E. in Forme aforesaid acknowledged and against the said George for the said 200 l. by the same George in Form aforesaid acknowledged And against the said Thomas of the said 200 l. by the same Thomas in Form aforesaid acknowledged And against the said Robert of the said 200 l. by the same Robert in Form aforesaid acknowledged to him to be adjudged c. and the same O E. G T. and R. praylicence to imparle and have it c. At which day came here aswell the said Iohn as the said O. E. G. T. and R. by their attornies aforesaid and hereupon the same Iohn as before prayeth judgment and execution against the said O. E. G. T. and R. of the said severall summes by them in Form aforesaid acknowledged to him to be adjudged c. And the same attorney of the said O. E G T. and R. saith that he is not informed c. therefore it is considered that the same I. D. have execution against the same O for the said 500 l. by the same O. in Form aforesaid acknowledged and against the said Ed. for the said 200 l. by the same E in Forme aforesaid acknowledged and against the said George for the said 200 l. by him in Forme acknowledged And against the said Thomas for the said 200 l. by the same Thomas in Forme aforesaid acknowledged And against the said Robert for the said 200 l. by the same Robert in Form aforesaid acknowledged c. T 10. Jac. Rot. 338 Walter Staff ss It was commanded the sheriff Entry of a speciall writ of Scire facias where the lands are extended for the P● but the sheriff saith that he extended the same Lands upon an other Elegit and delivered them to the party and that he cannot deliver them to the p● now