moreover here came D. H. of c. N.H. of c. in their proper persons and each of them did acknowledge himself to owe to the said B. the summe of 200. l. of lawfull money of England which said summe of 200. l. the said D. and N. for themselves and their Heirs do will and grant and either of them do will and agree shall be made of the Lands and Cattles of both of them and shall be levied to the use and behoof of the said B. and his Executors and the said A. likewise present here in Court doth acknowledge himself to owe to the aforesaid B. the summe of 400. l. of lawfull money of England which said summe of 400. l. the said A. for himself his Executors and Administrators doth will and agree shall be made of his Lands and Goods and shall be levied to the use and behoof of the said B. and his Executors yet under this condition that if it shall happen that judgement in the aforesaid Plaint to be here given for the said Plaintiffe in the said debt and also all damages adjudged to the said Plaintiffe against the said Defendant here in Court by occasion of the detaining of the aforesaid debt he shall satisfie it or render his body here in Court in execution of the same judgment c. A Writ of Scire Facias against the Bail Oliver c. To the Sheriffe of Surry Greeting whereas John Haslock late of Catteram in your County Yeoman and Anthony Basset of the same Husband-man late in our Court to wit in the Term of the Holy Trinity in the year of our Lord 1653. before F. W. one of our Justices of the Common-Bench at Westminster have bailed and both of them did become bayl for Robert Onusted late of c. in twenty pounds that if it should happen the same Robert in a Plea of debt upon demand of twenty pounds against him by one John Slater otherwise Green Executor of the Testament of Robert Slater alias Green in our said Court of Common-Bench aforesaid prosecuted by any lawfull means to be convicted and judgement for the same Executor in the Plea aforesaid against the aforesaid Robert in the same Court to be given that then the same Robert the aforesaid debt of twenty pounds and also all damages to the said Executor by occasion of the detention of the debt aforesaid against the said Robert in the said Court to be assessed or by any way to be adjudged should satisfie or that the said Robert his body in Execution of that judgement in our said Court should yield which said twenty pounds the aforesaid John Haswell and Anthony have acknowledged to be made of the Lands and Cattles and to the behoof and use of the aforesaid Executor to be levied if it should happen the said Robert against the Bayl aforesaid in any way to make default and although the aforesaid Executor in the Term of St. Michael in the year c. before E.A. Knight and his associates our then Justices of the Common-Bench at Westminster by order of the same Court had recovered against the aforesaid Robert as well the aforesaid twenty pounds as thirty shillings which to the same Executor in our said Court were adjudged for his damages which he hath had by occasion of the detention of that debt whereof he is convicted as by the Record and Processe thereof in our said Court remaining it manifestly appeareth yet the aforesaid Robert his body in Execution of the judgement aforesaid in our said Court hath not yielded nor to the aforesaid Executor for the debt and damages aforesaid according to the Form of the Recognisance aforesaid hath satisfied as by the information of the aforesaid Executor we have received and for that we will that those things which in our said Court have been rightly done and recognized be duely demanded for execution we command you that by honest and lawfull men of your Bayly-wick you give to the aforesaid John Haswell and Anthony to know that they be before our Justices at Westminster from the day of Easter in 15. dayes to shew if they have or know any thing to say for themselves why the aforesaid twenty pounds by them in form aforesaid severally acknowledged of their Lands and Cattles in your Bayly-wick ought not to be made and to the aforesaid executor yielded according to the form of the Recognizance aforesaid if they shall think fit and have you there the names of them by whom you shall give them to know and this VVrit Witnesse O. St. John c. FINIS
treble damages Terms ley The next processe after this Writ is Pone and upon the return thereof and filing it with the Filacer he maketh out a distringas and thereupon you may have an amerciament in case the Defendant appear not And then an alias and a plures distringas and further amerciaments as I told you before in other actions Of Inquiry of Damages It is a Writ directed to the Sheriffe whereby the Sheriffe by the Oath of Jurors is to enquire of the costs which are the expences of the suite And damages which contain the hinderance that the Plaintiff or Demandant in a real or personal action hath suffered by means of the wrong done unto him by the Defendant or Tenant Terms ley Of a Scire facias upon a special Bail in the Filacers Office It is a VVrit that issueth out after Judgement had and obtained by the Plaintiffe against the Defendant by a nihil dicit non sum informatus confession of the Action Trial by nisi prius or otherwise And the Plaintiffe having so obtained judgement against the Defendant and perceiving that he is not easily to be arrested and taken in execution or not sufficient to satisfie the same but knoweth the Bayl to be better able than the Plaintiffe may at his choice leave the Defendant and prosecute the Bayl in this manner First Judgement being entred he must sue forth a Capias ad satisfaciendum against the Defendant directed to the Sheriffe of the same County where the Action was first laid and get the same returned by a non est inventus then he must procure a VVrit of Scire facias from the Filacer against the Bayl if the Bayl were taken by the Filacer upon the Capias alias plures habeas Corpus c. issuing out of that Office upon which VVrit if the Sheriffe return a Scire feci then there needs no second VVrit to be made but if he return a nihil then there must a second VVrit of Scire facias which being likewise returned with a nihil then the two VVrits of Scire facias must be taken out upon the remembrance in the Prothonotaries Office with the returns of them and rules thereupon given and filed accordingly with the Custos Brevium and thereupon if the Bayl shew not cause why Judgement should not be had Judgement by default shall be entred against them in the said Prothonotaries Office for the summe in which they became Bayl as aforesaid whereupon the Plaintiffe may take execution out against them either by fieri facias or elegit but not by Capias ad satisfaciendum against their persons And in this case observe that the Plaintiffe may likewise sue and Arrest the Bayl going by way of Original at the Common Law for the summe for which they became Bayl and Arrest their bodies either upon the Capias or plures or sue them to the exigent thereupon and declare upon the said Recognizance using all proceedings therein as in an Action of Debt but in this the Action must be laid in the County of Middlesex onely where the Records do lie and whence the venew out of that respect must rise And if the Bayl cannot be Arrested in the County of Middlesex upon a Capias c. you may return he cannot be found c. and sue forth thereupon a Testatum and by that means Arrest them in any other County where they may be found observing all the proceedings as in an Action of Debt Of a Supersedeas It is a Writ awarded to the Sheriffe commanding him to surcease for to Arrest the party and if he have Arrested him then that he set him at Liberty For that the Defendant hath appeared or found sufficient Bayl for his appearance by the return of the Processe c. See more of this Writ how and for what it may be granted in F. N. B. 591. 593. 594. Of a VVrit of Dower and of a Grand-cape and Petite-cape It is a Writ and it lieth where a man is sole seised during the Coverture between him and his wife of Lands or Tenements in Fee-simple or Fee-tail where by possibility the issue between them may inherit if such a man die his wife shall recover the third part of all the Lands whereof the Husband was sole seised any time during the Coverture Terms-ley it is called Dower or Dowery as a gift because the Law it self doth without any gift of the Husband give it to her The Processe in this Action of Dower are First a Summons between the Teste and return whereof there is 5. returns And if the Tenant neither appear nor nor cast an Essoigne entring a ne recipiatur a grand Cape lies to seize the Lands c. for that for such his default the Tenant shall loose his Land But if he wage his Law of non Summons he shall save his default and then he may plead with the Demandant Note that in the Grand Cape the Tenant shall be summoned to answer to the default and further to the Demandant but in petite Cape he shall be summoned to answer to the default onely and not to the Demandant and it is called a petite Cape because it includes lesse than the other And if the Tenant by the return of the Summons Essoigne the Demandant adjourns 15. dayes longer in such case the Attorney for the Tenant may enter with the Filacer that the Tenant appears and prayes view c. then a Writ of view goes out whereby the Sheriffe is to shew the Tenant the Lands in question which supposeth the Tenant knows not well what Lands it is that the Demandant asketh by the return of which Writ of view the Tenants Attorney takes a Declaration Note that where a default is made after appearance there a petite Cape is to issue forth at the Demandants suite which is made as likewise the grand Cape by the Filacer of the County where the Land lieth Of a Formedon There are three sorts of Formedon viz. in Descender in Remainder and in Reverter The first is where Tenant in the tail enfeoffeth a Stranger or is disseised and dieth the Heir shall have the Writ of Formedon in Descender to recover the Land The second is where one gives Lands in the tail and for default of issue the Remainder to another in the tail and that for default of such issue the Land shall Revert to the Donor if the first Tenant in tail die without issue he in the Remainder shall have a Formedon in Remainder But if the Tenant in the tail die without issue and he in the Remainder also die without issue then the Donor or his Heirs shall have a Formedon in the Reverter Terms ley The processe incident to this action are first a Summons between the Teste and return whereof there is 9. returns and the same Processe which are in Dower after the Summons that is a grand Cape Writ of view and petite Cape the proceedings are much like to that of Dower
Of a Habeas Corpus Duces tecum Distringas nuper Vic and Distr Bal. If upon your Capias alias or plures c. the Defendant be arrested and put in bond for his appearance to the Sheriffe you must have the Sheriffe return a cepi Corpus upon which if the party do not appear at the return of the Writ you may give the Sheriffe a Rule to bring in his body on pain of 40. s. c. which Rule the Filacer entreth if the Sheriffe will not return this VVrit of habeas Corpus you may amearce him as before if he doth return the VVrit and brings not in the body he can return nothing but a languidus in prisona c. And upon that you may have a duces tecum licet languidus c. or else after the party is al rested you may have a habeas Corpus But if the Sheriffe goeth forth of Office before he return the habeas Corpus and delivereth it not nor the prisoner to the next Sheriffe his Successor there shall issue forth a distringas nuper vic against him to the Sheriff his Successor And if the habeas Corpus be not returned there may issue out an alias and plures distringas nuper vic ad infinitum untill the Defendant appear and the amearcements shall be encreased and doubled every time upon the distringas nuper vic but upon the habeas Corpus alias or plures there shall be but 40. s. amearcements set and the amearcements both of the distringas nuper vic and of the habeas Corpus are entred by the Filacer and once every half year extreated into the Exchequer If any of the parties to be arrested dwell within a Liberty you must get the Sheriffe to return a mandavi balivo on your Processe and upon that the course is to have a non omittas c. If the amerciaments be not extreted and the Plaintiffs Attorney to whose client the Sheriffs bond is commonly assigned be not contented and consent that you may appear as of the same Term the first VVrit was returnable And to accept of a Declaration not to delay the Plaintiffe in his suit The Court will usually order the suite upon the Sheriffs bond to stay or if the amerciaments be extreated then upon the same offer and also to take off those amerciaments the Court will order the like A habeas Corpus ad respondendum may be granted to the VVarden of the Fleet or to the Keeper of an inferiour prison of a Liberty or Franchize where a Capias is returned in Court non est inventus And such VVrit is to recite shortly the Capias and to be returnable at a day certain in Court and to be a good cause of deteiner as well as where a Capias ad respondendum comes to a Sheriffe vide New rules and orders Of Rescous It is a VVrit that lieth where a man is arrested and he himself or another in his behalf doth rescue him Or where any man taketh a distresse and another taketh it again from him and will not suffer him to carry the distresse with him then he doth to him Rescous c. and upon that he may have this VVrit and shall recover damages for it And if one distrain beasts for damage Fesant in his ground and drive them in the High-way for to impound them and in going they enter into the house of him whose they be and he withholdeth them there and will not suffer the other to impound them then that withholding is a Rescous Terms ley The Processe incident to this Action are first a Summons then an Attachment and Distringas and then alias and plures distringas in infinitum Of an Adjournement An adjournement is when any Court is dissolved and determined and assigned to be kept again at another place or time and is compounded of two words ad or all and jour Terms ley in what Processe adjournment lieth see in the Title of adjournment in F. N. B. Of a Discontinuance As there is a discontinuance of possession which it is not to our purpose here to treat of so there is a discontinuance of Processe or Plea and this is when the instant is lost and may not be taken again but by a new Writ to begin the suite afresh for to be discontinued and to be put without day is all one and nothing else but finally to be dismissed the Court of that instance West part 2. tit fines Sect. 115. Cromptons Jurisd fol. 131. Note that if you cannot arrest the party upon your first Processe taken from the Filacer you must have them carefully continued from Term to Term otherwise if upon a second Writ the Defendant finde your Writ discontinued he may enter a discontinuance And the want of any one continuance is errour at the time of the judgement Of special Bail If the appearance be upon arrest by the Capias alias or plures then the Bail must be taken and entred by the Filacer of the same County where the action was laid and who made the said process Here followeth the new orders concerning special Bail That if the Defendant appears upon the Summons Attachment or distress or by supersedeas quia improvide or doth truely render himself upon the exigent no Bail is requirable That in all causes of removeal be it by habeas Corpus priviledge or Certiorari special Bail ought to be given That in causes where the Defendant comes in by cepi Corpus be it debt detinue trespasse for goods action upon the case except slander if the debt or damages amount to twenty pounds special Bail is to be given except it be against an Heir Executor or Administrator That in Covenant because the damages are uncertain till declaration Bail at discretion That in battery conspiracy false imprisonment no special Bail of course without special motion and order That in slander no special Bail except in slander of title wherein to be left to the discretion of the Judges That in priviledge other than for Fees and disbursements as an Attorney Bail at discretion of the Court. In such case wherein a suite by a common person especial Bail is not requisite That if Bail be given upon reversal of an Outlary or removeable by habeas Corpus the Original to be shown upon tendring of the Declaration otherwise the Bail not liable unlesse the party or his Attorney will voluntarily appear or take a Declaration without shewing of it That in case of a removeal out of an inferiour Court or reversal the new Original to agree in the nature of the Action the summe in demand and the County otherwise the Bail not liable but if the party will voluntarily appear to such varying Original to be good as to the party but if upon a cause removed by habeas corpus out of the Courts of Canterbury Southampton Hull Litchfield or Pool which are Counties where the Judges of nisi prius seldom come if the Action be transitory it must be
shew wherefore he was not before our said Justices at Westminster in eight dayes of the Purification of the blessed Virgin Mary last past as he was summoned and have you there the names of the pledges And this writ witnesse O. St. John at Westminster c. The entry thereof C. D. by his Attorney proffered himself the 4th day against A. B. late of c. in a Plea that he render unto him 40l which he oweth him and unjustly detaineth c. And he came not and the Sheriffe was commanded to summon him c. And the Sheriffe returned that he was summoned c. Therefore let him be attached that he may be here from the day of Easter in 15. dayes A Pone and Capias in one Writ Oliver c. to the Sheriffe of Middlesex greeting put under security and safe pledges A. B. late of S. Gentleman that he be before our Justices of the Common Bench at Westminster in eight dayes of St. Michael to answer C. D. in a Plea that he render to him 10. l. which to him he oweth and unjustly detaineth as it is said and to shew wherefore he was not before our said Justices at Westminster from the day of Easter in 15. dayes last past as he was summoned we command you also that you take Q. F. late of C. in your County if he shal be found in your bailywick him safely keep so that you have his body at the aforesaid Term to answer the aforesaid C. in a Plea that he render to him C. S. c. as it is said and have you there the names of the pledges and this writ c. The entry thereof C. D. by his Attorney offered himself the 4th day against A. B. late of T. in your County in a Plea that he render to him 10l And against G. F. late of N. in the County aforesaid H. in a Plea that he render to him C. s. which they owe him and unjustly detain c. and they came not and the Sheriffe was commanded to summon them c. And as for the aforesaid A. B. the Sheriffe returned that he was summoned c. therefore let him be attached that he be here in eight dayes of St. Michael c. And as for the aforesaid G. F. the Sheriffe returned that he hath nothing c. therefore let him be taken that he be here at the aforesaid Term c. An alias Capias and an alias distringas in one Writ Oliver c. greeting we command you as heretofore we commanded you that you distrain A. B. late of C. in your County Yeoman by all his lands and Cattles in your Bayly week so that neither he nor any for him lay hands thereupon untill you receive further command from us and that you answer us of the profits thereof so that you may have his body before the Justices of the Common-Bench at Westminster in eight dayes of St. Hillary to answer C. D. of a Plea wherefore he together with G. F. late of N. in your County Husband-men with Force and Arms the close of the said C. D. at N. he did break and other wrongs to him did to the great damage of the said C.D. and against the publick peace and to hear his judgement for many defaults also we command you as heretofore we have commanded you that you take the aforesaid G. F. if he shall be found in your Bayly week and him safely keep so that you have his body before the said Justices of the Common-Bench at VVestminster at the aforesaid Term to answer the aforesaid C. D. of the Plea aforesaid have you there this Writ c. The Entry thereof C. D. By his Attorney offered himself the fourth day against A.B. late of T. in the County aforesaid Yeoman And G.F. late of N. in the County aforesaid Husband-man in a Plea wherefore with Force and Arms the close of the said C. D. at M. they did break and other wrongs c. to the great damage c. and against the publick peace c. and they came not and the Sheriffe was commanded that he should distrain the aforesaid A. B. c. and that he should take the aforesaid G. F. c. and as for the aforesaid A. B. the Sheriffe returned that he is distrained by his Cattles to the value of four shillings and is mainprized by John Doo and Richard Roo Therefore he is in mercy c. And as heretofore let him be distrained that he be here in eight dayes of St. Hillary c. and as for the aforesaid G. F. the Sheriffe returned that he is not found c. therefore as heretofore let him be taken that he be here at the aforesaid Term c. A pone after Essoigne Oliver c. put under security c. as before unto as it is said and to shew wherefore he did not keep the day given him by his Essoigne in Court before the Justices of the Common-Bench at Westminster from the day of Easter in five weeks last past after he was summoned and have you there the names of the pledges and this Writ witnesse c. The Entry thereof C. D. By his Attorney offered himself c. as above he came not he had thence day given him by his Essoign here even unto this day that is to say from the day of Easter in 5. weeks after he was summoned c. therefore let him be attached c. as before A distr in Debt upon a pone Oliver c. we command you that you distrain A.B. late of c. by all his Lands Cattles in your Bayly week so that neither he nor any for him lay hands thereupon untill you receive further command from us and that you answer us of the profits thereof so that you may have his body before the Justices of the Common-Bench at West-minster such a day to answer C. D. in a Plea that he render to him 40. l. which to him he oweth unjustly detaineth as it is said and to hear his judgement for many defaults and have you there this Writ witnsse c. The Entry thereof C. D. By his Attorney offered himself the fourth day against A. B. late of c. in a Plea that he render to him 40. l. which to him he oweth and unjustly detaineth c. and he came not and the Sheriffe was commanded to attach him c. and the Sheriffe returned that he is attached by his pledges John Roo and Richard Roo therefore they are in mercy c. and let the said A. B. be distrained that he be here tali die c. A Pone in a Recordure Oliver c. Put under security and safe pledges A. B. that he be before our Justices at VVestminster talie die to answer C. D. of a Plea wherefore he took the Cattle of the said C.D. them unjustly detained against security and pledges as it is said and to shew wherefore he was not
in our Court before our Justices at VVestminster tali die last past as day to him there was prefixed and have you there the names of the Pledges and this Writ witnesse c. The Entry thereof A.B. By his Attorney offered himself the fourth day against C. D. in a Plea wherefore he took the Cattle of the said A. and them unjustly detained against security and pledges c. and he came not and he had day here unto this day to wit in eight dayes of St. Martin by prefixion c. therefore let him be attached that he be here in eight dayes of St. Hillary c. A distr after Esloine Oliver c. As in other distr till you come to as it is said then and to shew wherefore he kept not the day to him given by his Essoine before our Justices at Westminster in eight dayes of St. Martine after he was summoned and to hear his judgement for many defaults and have you there this Writ c. The Entry thereof C. D. By his Attorny offered himself the fourth day against A. B. late of c. in a Plea that he render to him 100 s which to him he oweth and unjustly detaineth c. and he came not he had day by his Essoigne unto this day to wit in eight dayes of St. Martine after he was summoned and if it be in trespasse then thus after he was attached therefore let him be distrained that he be herein eight dayes of St. Hillary c. Testatum Summons in Debt Oliver c. To the Sheriff of Hereford greeting we command you that you Summon by good Summoners A.B. of c. that he be before our Justices at Westminster tali die to answer C. D. in a Plea that he render to him 40. l. c. and for that our Sheriffs of London have certified to our Justices at Westminster tali die last past that the aforesaid A. B. hath nothing in their Bayly week whereby he may be summoned when as it is witnessed in our said Court that he hath sufficient in your Bayly week and have you there the Summoners and this Writ witnesse c. The Entry thereof F. The Sheriffs were commanded that they should Summon A. B. late of T. c. that he might be here at this day to wit in the morrow of St. Martine to answer C.D. in a Plea that he render to him per s. xx which to him he oweth and unjustly detaineth c. and now here at this day came the aforesaid C. D. in his proper person and offered himself the fourth day against the aforesaid A. B. in the Plea aforesaid and he came not and the Sheriffes returned that he hath nothing c. And hereupon it is witnessed in our Court here that the aforesaid A. B. hath sufficient in the County of Hereford where he may be summoned Therefore the Sheriffe of Hereford is commanded that he should summon him c. that he be here in the morrow of the Purification of the blessed Virgin Marie to answer the aforesaid C.D. in the Plea aforesaid c. A Summon in severance Oliver c. To the Sheriff of c. greeting we command you that you take A. B. late of T. c. if he shall be found in your Bayly week him safely keep so that c. To answer C. D. G.F. Executors of the Testament of G. H. of a Plea that he render to them c. s. zz Also we command you that you Summon by good Summoners the aforesaid G. that he be before our Justices at Westminster at the aforesaid Term to persecute against the aforesaid A. B. his Plea aforesaid together with the aforesaid C. if he will and have you there the Summons and this Writ c. The Entry thereof S. S. The Sheriff was commanded that he should Summon A. B. late of c. that he might be here at this day to wit tali die to answer C. D. and G. F. Executors of the Testament of G. H. in a Plea that he render to them Cs. zz And now here at this day came the aforesaid C. D. by T. A. his Attorney the aforesaid G.F. being also complainant c. the fourth day of the Plea being solemnly called came not hereupon the aforesaid C. D. offered himself the fourth day against the aforesaid A. B. of the Plea aforesaid and he came not and the Sheriffe returned that he hath nothing c. therefore let him be taken that he be here in the morrow of all Souls c. and the Sheriffe is commanded that he should Summon the aforesaid G.F. that he be here at the aforesaid Term to prosecute against the aforesaid A. B. his Plea aforesaid together with the aforesaid C.D. if c. A Pone upon a Recordare Oliver c Greeting put under security and safe pledges A. B. that he be before our Justices at Westminster tali die to answer C. D. in a Plea wherefore he took the Cattle of the said C. D. and them unjustly detained against security pledges as it is said and to shew wherefore he was not in our Court before our Justices at Westminster tali die last past as day to him there was prefixed and have you there the names of the pledges this Writ witnesse c. The Entry thereof Middl. ss A. B. by his Attorney offereth himself the fourth day against C.D. in a Plea wherefore he took the Cattle of the said A. and them unjustly detained against security and pledges c. And he came not and he had thence day here unto this day to wit in eight dayes of St. Martine by prefixion c. Therefore let him be attached that he be here in eight dayes of St. Hillary c. A Returno habendo Oliver c. Greeting whereas C. D. was summoned to be in our Court before our Justices at Westminster tali die to answer A. B. of a Plea wherefore he took the Cattle of the said A.B. and them unjustly detained against security and pledges as it is said the said A.B. afterward in our said Court made default whereby it was ordered in our said Court that the aforesaid A.B. should go thence without day and that the aforesaid C.D. his pledges of prosecuting should be in mercy and that he should have return of the aforesaid Cattle And therefore we command you that the aforesaid Cattle to the aforesaid C. D. without delay you cause to be returned and them at the plaint of the aforesaid A. B. you deliver not without our Writ which shall make express mention of the aforesaid judgment and how you shall execute this our Command you make appear to our Justices at Westminster in eight dayes of St. Hillary and have you c. The Entry thereof Mid. ss C. D. by his Attorney offered himself the 4th day against A. B. of a Plea wherefore he the said C. D. took the Cattle of the said A. and them
Pear Trees of the price of every of them xii d. to the disheriting of the aforesaid C.D. and against the form of the proviso aforesaid Therefore the Sheriffe is commanded that in his proper person he go to the Tenements aforesaid wasted and there before him cause to come twelve c. by whom c. and who to the aforesaid C. and A. shall not be a Kinne c. to recognise upon their Oath what waste what sale and destruction the aforesaid A.B. hath made in the Tenements aforesaid and the inquisition which c. he certifie here in the morrow of All Souls under his seal c. and the Seal of c. A Writ of Petite Cape which is brought after appearance ss Oliver c. Greeting take into our hand 4 messuages with the appurtenances in T. which C.D. in our Court before our Justices at Westminster claimeth as his right against A. B. by our Writ of Formedon in descender for default of the said A. B. and Summon by good Summoners the aforesaid A. B. that he be before our Justices at Westminster in 8. dayes of St. Hillary to hear thereupon his Judgement and have you there the Summoners and this Writ witnesse c. The Entry thereof ss C.D. By R. B. his Attorney offered himself the 4th day against A. B. in a Plea of 4. messuages with the appurtenances in T. which the same C. D. in the Court of the Protector here claimeth as his right against the aforesaid A. B. by the Writ of the Lord Protector of Formedon in descender c. and he came not and he had thence day here even to this day to wit in eight dayes of St. Michael after he before had appeared here in Court therefore let the messuages aforesaid with the appurtenances be taken into the hand of the Lord Protector and the aforesaid A. B. Summoned that he be here in eight dayes of St. Hillary to hear his Judgement thereupon A Writ of Seisin upon a Petite Cape ss Oliver c. Greeting know you that C. D. in our Court before our Justices at Westminster hath recovered his Seisin against A. B. by default of the said A. B. of four messuages with the appurtenances in T. by our Writ of Formedon in descender And therefore we command you that to the same C.D. full Seisin of the Tenements aforesaid with the appurtenances without delay you cause to have and how this our Command shall be executed you make appear to our Justices at Westminster in eight dayes of St. Hillary and have you there this Writ witnesse c. The Entry thereof ss C.D. By R. N. his Attorney offered himself the 4th day against A. B. in a Plea of 4. messuages with the appurtenances in T. which the same C. in the Court of the Protector here claimeth as his right against the aforesaid A. by the Writ of the Lord Protector of Formedon in descender and he came not and he had thence day hereunto in 8. dayes of St. Michael in the year of the Lord 1654. after he before had appeared here in Court at which day the aforesaid A.B. made default so that then the Sheriff was commanded that he should take the Tenements aforesaid with the appurtenances into the hand of the Lord Protector c. and that he should Summon by good Summoners the aforesaid A.B. that he might be here at this day to wit in 8. dayes of St. Hillary to hear thereupon his Judgement c. and the Sheriffe returned that he took c. and that he Summoned c. Therefore it is ordered that the aforesaid C. recover his Seisin against the aforesaid A.B. of the Tenements aforesaid with the appurtenances by default c. and the aforesaid A. be in mercy c. A Writ of Withernam upon a Plur. Repleg ss Oliver c. Greeting whereas lately as oftentimes we have commanded you that justly and without delay you should cause to be replevied to T. D. his Cattle which R.M. took and unjustly detaineth as it is said according to the Tenor of our commands before thereupon to you directed or you your self should be before our Justices at Westminster in eight dayes of St. Hillary last past to shew wherefore our commands aforesaid so often thereof to you directed you contemned to execute yet you to our said Justices at Westminster at the aforesaid Term returned that long before the coming of our Writ aforesaid to you thence directed the aforesaid R. esloined the Cattle aforesaid to places to you unknown out of your Baily-wick so that the same cattle to the aforesaid T. D. you could not replevy according to the Tenor of our Writs aforesaid and for that we will to withstand so great an injury if it shall be committed and that which is just to be done to the aforesaid T. D. Therefore we command you that if the aforesaid T. D. shall secure you for prosecuting his Plaint and also for returning his Cattle aforesaid if return thereof shall be adjudged then put under security and safe pledges the aforesaid R.M. that he be before our Justices at Westm from the day of Easter in 15. dayes to answer to the aforesaid T. D. of the taking and unjustly detaining of the Cattle aforesaid and as well us of the contempt to us as to the aforesaid T.D. of the damages and injuries to him in his behalf done and in the mean time to the same T. D. his Cattle aforesaid without delay you cause to be replevied if you can And if you cannot then of the Cattle of the aforesaid R. M. you take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the same T. D. without delay you deliver to be by him detained untill to him his Cattle aforesaid you can replieve and have you there the names of the pledges and this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded whereas lately as oftentimes the Protector had commanded the same Sheriffe that justly and without delay he should cause to be replevied to T. D. his Cattle which R.M. took and unjustly detaineth c. or to the Lord Protector the cause should signifie wherefore his command to the same Sheriffe directed he would not execute or could not and he having despised the Commands of the said Lord Protector to the aforesaid T. his Cattle hath not hitherto replevied or at least signified to the Lord Protector the cause wherefore he would not or could not do it to the manifest contempt of the said Lord Protector his commands and to the great damage and trouble of the said T. D. whereby the Lord Protector was injured very much and moved firmly injoyning the aforesaid Sheriffe that to the aforesaid T.D. his Cattle aforesaid he should cause to be replevied according to the Tenor of the commands of the Lord Protector before to him thereof directed or the same Sheriffe should be here at this day to wit from the day of
Easter in 15. dayes to shew wherefore the aforesaid commands of the said Lord Protector so often to him thereof directed he contemned to execute now here at this day came the aforesaid T. D. by J. N. his Attorney and the Sheriff returned that long before the coming of the Writ aforesaid of the Lord Protector to him thereof directed the aforesaid R. M. esloined the Cattle aforesaid to places to him unknown out of his Bayly-week so that the same Cattle to the aforesaid T. D. he could not replevy according to the Tenor of the Writs aforesaid and for that the Lord Protector willeth to withstand so great an injury if it shall be committed and that which is just to be done to the aforesaid T. D. Therefore the Sheriffe is commanded that if the same T. D. shall secure the said Sheriffe for prosecuting his Plaint also for returning the Cattle aforesaid if return thereof shall be adjudged that then he put under security and safe pledges the aforesaid R. M. that he be here in 8. dayes of the holy Trinity to answer the aforesaid T. D. of the damages and wrongs to him in this behalf done in the mean time to the same T. his Cattle aforesaid without delay he cause to be replevied if he can and if he cannot then of the Cattle of the aforesaid R. M. he take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the aforesaid T. without delay he deliver by him to be detained untill to him his Cattle aforesaid he can replevy c. A Writ of Adjournement made by the Filicer Oliver c. Greeting we command you that all and every our Writs Bills and precepts to you delivered or to be delivered before our Justices at Westminster in three weeks of St. Michael in the moneth of St. Michael and the morrow of all Souls next to come or in the mean time from the aforesaid three weeks unto any day returnable in your custody you retain and them have before our Justices at Westminster in the morrow of St. Martin next to come together with the Executions of the same and this Writ that our said Justices for the prosecution of the parties then may cause to be done that which of right and according to the Law and Custom of our Common-wealth of England ought to be done and in your next County thenceforth to be holden you cause publickly to be proclaimed that the parties in the same Writs Bills and Precepts their dayes before our said Justices in the aforesaid morrow of St. Martin observe witnesse c. The return of the Writ By virtue of this Writ to me directed all the Writs Bills and Precepts whereof within mention is made in my custody I have retained them I have before the Justices within written in the morrow of St. Martin within specified together with the Executions of the same and also at my County holden at G. in my County the day and year within written which said County was my next County after the within written tenth day of October I caused to be proclaimed that the parties in the Writs Bills and Precepts within specified their dayes before the Justices within written in the aforesaid morrow of St. Martin they observe as within â—o me is commanded C.D. Knight Sheriffe The Entry of a Non Process in a Writ of second deliverance ss The Sheriffe was commanded that if T. H. would secure him for prosecuting his Plaint and also for the returning of the Cattle which to C. T. in the Court of the Lord Protector here were adjudged by default of the said T. H. or for the price of the same if return thereof should be adjudged then to the same T. his Cattle aforesaid without delay he should cause to be delivered and should put under security and safe pledges the aforesaid C. T. that he might be here at this day to wit in 8. dayes of St. Hillary to answer the aforesaid T. H. of the taking of the Cattle aforesaid And now here at this day came the aforesaid C. T. by W.O. his Attorney and offered himself the 4th day against the aforesaid T. H. in the Plea aforesaid and he being solemnely exacted came not and was Plaintiffe and the Sheriff returned that the same C. T. found to the same Sheriffe pledges of prosecuting of haveing return to wit I. K. and K. O. and that the aforesaid C. T. is attached by pledges J.O. and A.B. Therefore it is ordered that the aforesaid T.H. and his pledges of prosecuting be in mercy c. and that the aforesaid C. T. go thence without day c. and that he have return of the Cattle aforesaid to be detained by him irrepledgeable for ever enquire the names of the pledges c. and how c. the Sheriffe make appear here in 8. dayes of the Purification of the blessed Virgin Mary c. A Writ of Distr against one and a Distr after Esloin against another in a Quare impedit ss Oliver c. Greeting we command you that you distrain Philip Champernon Esq Sheriff of the County aforesaid by all his Lands c. to answer William Kirkham Esq in a Plea that he together with Peter Maynwaren Clark permit the said William to present a fit person unto the Parish Church of the blessed Marie of Upton Pyne which is void and belongeth to his Donation as he saith and to hear his judgement for many defaults we also command you that you distrain the aforesaid Peter M. by all his Lands c. as above so that you have his body before our said Justices at Westminster at the aforesaid Term to answer the aforesaid W. together with the aforesaid Philip in the Plea aforesaid to shew wherefore he kept not the day to him given by his Esloin in our Court before our Justices at Westwinster in 8. dayes of St. Martine after he was attached and to hear his Judgement for many defaults and have you there c. T. c. The Entry thereof ss William Kirkham Esq by his Attorney offered himself the fourth day against P. C. Esq Sheriff of the County aforesaid and P.M. Clark in a Plea that they permit the said William to present a fit person to the Church of St. Marie of R. Upton Pyne which is void and belongeth to his Donation c. and they came not and the Coronor was commanded that he should attach the aforesaid Philip and the Cororonor returned that he is attached by Pledges R. O. and C. D. therefore they are in mercy c. and the aforesaid Peter had thence day given him by his Esloin here even to this day to wit in eight dayes of St. Martine after he was attached c. therefore let the same Philip and P. be distrained that they be here in eight dayes of St. Hillary c. A Pone after an Esloin and a Distr in one Writ in a quare impedit ss Oliver c.
Greeting put under security and safe pledges Thomas Brerewood and Will. Leuston Clark that he be here as in another Writ to answer John Crugge in a Plea that they together with John Bishop of Exiter Robert Perens Clark permit the said John Crugge to present a fit person to the Church of Exmister which is void and doth belong unto his Donation as he saith and to shew wherefore they kept not the day to them given by their Esloin in our Court before our Justices at Westminster from the day of St. Hillary in 15. dayes after they were Summoned we also command you that you distrain the aforesaid R. by all his lands c. as above before our Justices at Westminster at the aforesaid Term to answer the aforesaid J.C. together with the aforesaid T. and VV. in Plea aforesaid and to hear his judgement for many defaults and have you c. T. c. The Entry thereof ss J.D. by his Attorney offered himself the 4th day against T. B. VV.L. Clark and P. Clark in a Plea that they together with John Bishop of Exeter permit the said J. C. to present a fit person to the Church of Exmister which is void and to his Donation belongeth c. and they came not and the aforesaid T. and VV. had thence day by their Esloin here even to this day to wit from after they were Summoned c. therefore let them be attached that they be here in 8. dayes of S. Hillary and the Sheriffe was commanded that he should attach the aforesaid R. c. and the Sheriffe returned that he is attached by pledges John Doo and Richard Roo therefore he is in mercy c. and let him be distrained that he be here at the aforesaid eight dayes of St. Hillary c. or at the aforesaid term c. Distringas against a Bishop to cause the Clark to come Oliver c. Greeting we command you that you distrain VVilliam Bishop of Lincolne by all his Lands c. and that of the profits of the same to us you answer so that he may have before our Justices at VVestminster in eight dayes of St. Hillary A.B. his Clark to answer C. D. in a Plea that he render to him one hundred shillings which to him he oweth and unjustly detaineth as he saith and to hear his Judgement for many defaults and have you c. The Entry thereof ss The reverend Father in Christ VVilliam Bishop of Lincolne was commanded that he should cause to come here at this day to wit in eight dayes of St. Hillary A.B. his Clark to answer C. D. in a Plea that he render to him 50. s. which to him he oweth unjustly detaineth c. and now here at this day came the aforesaid C.D. by William S. his Attorney and offered himself the 4th day against the aforesaid A.B. in the Plea aforesaid and he came not and the aforesaid Bishop returned that he is attached by pledges John Doo Richard Roo therefore they are in mercy c. Therefore the Sheriffe is commanded that he distrain the aforesaid Bishop by all his Lands c. and that of the profits c. so that he have here in eight dayes of the Purification of the blessed Virgin Mary the aforesaid A. B. his Clark to answer the aforesaid C. D. of the aforesaid Plea c. The Entry of a quid Juris clamat ss The Sheriffe was commanded that he should cause to come here at this day to wit in eight dayes of St. Michael Jane Wevel Widow to acknowledge what right she claimeth in four messuages and two hundred Acres of Land with the appurtenances in Pinghill also Philip Buttler to acknowledge what right he claimeth in 50. Acres of Land and five Acres of Meadow with the appurtenances in P. aforesaid which Thomas Prous in the Court of the Protector here hath granted to John Gye by Fine thereof between them made c. and now here at this day came the aforesaid John Gye by John Ford his Attorney and offered himself the 4th day against the aforesaid Joan and Philip in the aforesaid Pleas and they came not and the Sheriffe returned that the aforesaid Joan is attached by pledges John Den and Richard Fen and that the aforesaid Philip is attached by pledges John Doo and Richard Roo therefore they are in mercy c. and let them be distrained that they be here in 8. dayes of S. Hillary c. A Distr in a Quid Juris clamat Oliver c. To the Sheriffe Greeting we command you that you distrain Joan Wevel Widow and Philip Butler by all their Lands c. as in another Writ and that of c. so that c. in eight dayes of St. Michael to acknowledge what right that is to say the aforesaid Joan claimeth in 4. messuages and CC Acres of Land with the appurtenances in Poughill also the aforesaid Philip to acknowledge what right he claimeth in C. Acres of Land and 5. Acres of Meadow with the appurtenances in P. aforesaid which Thomas Prous in our Court before our Justices at Westminster hath granted to John Gye by Fine thereof between them made and to hear their Judgement for many defaults and have you there this Writ T. c. The Entry of the Writ aforesaid upon the Defendors praying a Lilo ss The Sheriff was commanded that he should distrain Joan Wevel Widow and Philip Butler and M. his wife by all their Lands c. and that of the profits c. that he should have their bodies before the Justices of the Lord Protector here at this day to wit in eight days of S. Michael that is to say the aforesaid Joan to acknowledge what right she claimeth in four messuages and 200. Acres of Land with the appurtenances in Poughil and the aforesaid Philip M. to acknowledge what right they claim in 100. Acres of Land and 5. Acres of Meadow with the appurtenances in P. aforesaid which T. Prous in the Court of the Protector here hath granted to John Gye by a Fine thereof between them made c. and now here at this day came as well the aforesaid John Gye by John F. his Attorney as the aforesaid Joan also the aforesaid Philip M. in their proper persons and hereupon the aforesaid John Oye prayeth that the aforesaid Joan of the aforesaid four messuages and two hundred Acres of land with the appurtenances and that the aforesaid Philip and Mary of the aforesaid C. Acres of Land and five Acres of Meadow with the appurtenances to him may attain c. And the aforesaid Joan Philip and Mary pray hearing of the Writ aforesaid and to them it is read they pray also hearing of the Note whereupon the same Writ issueth forth and it is read to them in these words Between c. which being read heard they pray Licence thence of imparling here till in 8. dayes of St. Michael and they have c. the same
you your self to our Justices at Westminster in 8. dayes of S. Hillary last past returned to answer the aforesaid R. in the Plea aforesaid and have you there this VVrit T. c. The Entry thereof R. B. By his Attorney offered himself the fourth day against J. H. late of c. and W.D. late of c. in a Plea that they render to him C. s. which to him they owe and unjustly detain c. and they came not and the Sheriffe was commanded that he should distrain the aforesaid J. H. and that he should take the aforesaid W.S. and as for the aforesaid J. H. the Sheriffe now returneth that he is destrained by Cattle to the value of x. l. and is mainprized by T.C. and M. R. therefore they are in mercy c. as heretofore let him be distrained that he may be here in eight dayes of St. Michael and as for the aforesaid W. D. the Sheriffe now returneth that he took the body of the aforesaid W. D. whose body he committed to the prison of the Lord Protectors Goal of his Castle of York which said W. in the same prison is sick and with such infirmities is detained at the present he cannot be sent without the danger of death therefore it is commanded to the Sheriffe that he may have here at the aforesaid Term the body of the aforesaid W. whom c. as c. to answer the aforesaid John in the Plea aforesaid c. A Writ of Petite Cape in a Writ of Formedon Oliver c. To the Sheriffe Greeting take into our hand by the view of honest and lawfull men of your County one Toft with the appurtenances in B. which C. D. in our Court before our Justices at Westminster claimeth against O. P. as his right by our writ of Formedon in Descender for the default of the said O. and Summon by good Summoners the aforesaid O. P. that he may be before our Justices at Westminster in 8. dayes of St. Hillary to hear thereupon his judgement and have you there the Summoners and this VVrit T. c. The Entry thereof ss C.D. by his Attorney offered himself the 4th day against A. B. in a Pâ—ea of one Toft with the appurtenances in B. which the same C. D. in the Court of the Protector here claimeth against him by the VVrit of the Lord Protector of Formedon in Descender c. and he came not and he had thence day given him here even unto this day to wit in 8. dayes of S Michael afterward before he appeared here in Court and judgement that the Toft aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid A. B. be Summoned that he may be here in 8. dayes of St. Hillary c. A Writ of Magnum Cape in a Cessavit after Essoin The Protector to the Sheriffe Greeting take into our hand by the view of honest and lawfull men of your County one messuage with the appurtenances in S. which A. G. in our Court before our Justices at Westminster claimeth as his right against R.B. by our writ of Cessavit per biennium for the default of the said R. and the day of the taking certifie to our Justices at Westminster by your Letters Sealed and Summon by good Summoners the aforesaid R. B. that he be before our Justices at Westminster in 8. dayes of St. Hillary thereupon to answer and shew wherefore he kept not the day to him given by his Essoin here at this day to wit in eight dayes of St. Michael after he was Summoned and have you there the names of them by whose view you shall make this Summons and this VVrit T. c. The Entry thereof ss A. G. by T.M. his Attorney offered himself the 4th day against R. B. in a Plea of one messuage with the appurtenances in S. which the same A. in the Court of the Protector here claimeth as his right by the writ of the Lord Protector of Cessavit per biennium against him he came not he had thence day given him by his Essoigne here unto this day to wit in 8. days of S. Michael after he was Summoned c. judgement that the messuage aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid R. be Summoned that he may be here in 8. days of S. Hillary c. A Writ of Magnum Cape in a Writ of Cessavit of a Formedon Oliver c. To the Sheriffe Greeting take into our hand by the view of lawfull men of your County one Toft with the appurtenances in B. which R. C. in our Court before our Justices at Westminster claimeth as his right against T. M. by our VVrit of Cessavit per biennium for the default of the said T.M. and the day of the taking certifie to our Justices at Westminster by your Letters sealed and Summon by good Summoners the aforesaid T. that he may be here before our Justices in eight dayes of the holy Trinity thereof to answer and shew wherefore he was not before our Justices at Westminster in 8. dayes of St. Hillary last past as he was Summoned and have you there the names of them by whose view you shall make this Summons and this Writ T. c. The Entry thereof R. C. by T. H. his Attorney offered himself the fourth day against T. M. in a Plea of one Toft with the appurtenances in B. which the said R. in the Court of the Protector here claimeth as his right by the Writ of the Lord Protector of Cessavit per biennium against him and he came not and he was Summoned c. Judgement that the Toft aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid T. be Summoned that he may be here in eight dayes of the holy Trinity c. A Writ of Plur. Magnum Cape in Dower ss Oliver c. To the Sheriff Greeting we command you as many times we have commanded you that you take into our hand by the view of lawfull men by your County the 3. part of two messuages with the appurtenances in K. in three parts divided which A. H. Widdow in our Court before our Justices at Westminster claimeth against M. H. as her Dower by the endowment of J. H. heretofore her husband for the default of the said M. and the day of the taking you certifie to our Justices at Westminster by your Letters sealed and Summon by good Summoners the aforesaid M. that he may be here before our Justices at Westminster in eight dayes of St. Hillary thereof to answer and shew wherefore he was not in our Court before our Justices at Westminster in eight dayes of the holy Trinity last past as he was Summoned and have you there the names of them by whose view you shall make this Summons and this Writ T.