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
Drewry their Attorney as the aforesaid Christopher by R.B. his Attorney and the aforesaid Francis Windham and Edward Cook also Plaintiffs c. the fourth day of the Plea being solemnely called came not and were Summoned c. Therefore it is ordered that the aforesaid Michael Stanhope and Miles Corbet do prosecute alone without the aforesaid Francis Windham and Edward Cock against the aforesaid Christopher Heydon and Robert Godfrey their Plea aforesaid and hereupon the said Michael Stanhope Miles Corbet offered themselves the 4th day against the aforesaid Christopher and Robert Godfrey in the Plea aforesaid and they came not and the Sheriff now returneth that they are not found c. And so follow the old form A Distr nuper vic ad Habend Corpus where the Sheriffe returns that he took the body but had it not at the return of the Writ Oliver c. Greeting we command you as many times we have commanded you that you distrain John Choyn late Sheriffe of your County your predecessor by all his Lands Chattles in your Bayly-wick so that neither he nor any for him lay hands thereupon untill you receive further command thereof from us c. as in another Distr untill so that he may have before our Justices at Westminster tali die the body of W. L. late of C. in your County Merchant whom by our command he took and in his power detained as he to our Justices at Westminster in eight dayes of the holy Trinity last past did return or who at the County of Devon holâ—en at Exon Wednesday the 5th day of October in the year of our Lord 1654. the fifth time was called appeared rendred himself to the prison of our Castle of Exeter whose body before our Justices at Westminster tali die he should have had to answer Jo. Hach Esq in a Plea wherefore with force arms the goods and Cattle of the said John to the value of C. l. at C. found he took and carried away and other Enormities c. and to hear his judgement for many defaults and have you there this Writ c. The Entry thereof The Sheriffe was commanded as often times that he should distrain John Choin late Sheriff of the County aforesaid his predecessor by all his Lands c. and that of the profits c. so that he might have here at this day to wit from the day of St. Michael in xv dayes the body of Walter H. late of C. in the County aforesaid Marchant for that at the County of Devon holden at Exon wednesday the 5th day of October in the year of our Lord 1654. the 5. time he was called and appeared rendred himself to the prison of the Lord Protector of his Castle of Exon whose body here at this day aforesaid he should have had to answer John Hach Esq in a Plea wherefore with force arms the Goods and Cattle of the said J. to the value of one hundred pounds at C. found he tooke and carried away and other Enormities c. to the great damage c. and against the peace of the Protector c. and now here at this day came the aforesaid John Hatch by B. A. his Attorney and offerred himself the 4th day against the aforesaid Walter in the Plea aforesaid and the Sheriffe now retorneth that the aforesaid late Sherriffe is distrained by Cattle to the value of twenty shillings and is mainprised by E. H. and R. H. Therefore they are in mercy c. and as oft-tentimes the now Sheriffe is commanded that he distrain the aforesaid late Sheriffe by all his Lands c. and that of the profits c. so that he might have here to wit from the day of St. Hilary in 15 daies the Body of the aforesaid Walter who c. to answer the aforesaid I. Hatch in the Plea aforesaid A Distringas nuper vic Oliver c. To the Sheriffe of Worcester greeting we command you that you distrain John Chechester Kt. late Sheriffe of your County your Predecessor by all his Lands and Chattells in your Bailywick so that neither he nor any other for him thereon do lay hands untill you shall receive further command from us and that of the profits thereof you answer us so that he may have before our Justices at Westminster on Munday next after the moneth of St Michael the body of Michael Short whom by our command he tooke and in his power detained and whse body before our Justices at Westminster on Saturday next after 8 daies of St Hillary in the year of our Lord 1653. he had ready as the same Sheriffe to our Justices at Westminster at that day retorned to answer Will. VVarren one of the Attorneies of our Court of Common Bench according to the Liberties and Priviledges of the same Court for such Attorneies and other our Ministers of the same Bench from the time whereof the memory of man is to the contrary used and approved in the same in a Plea of Trespass upon the Case and have you there this Writ c. De infra nominat I. Chechester militis J. Doo Ric. Roo Exit xxs. W. C. nul vic The entry of a Distringas nuper vic ss The Sheriffe was commanded that he should have here at this day to wit in 8 daies of St. Hilary last past the body of H. late of c. whom the said Sheriffe took and in his power detained to answer R. in a Plea that he render to him 40s which he oweth him and unjustly detaineth c. And now here at this day came the aforesaid R. by M. I. his Attorny and offered himself the 4th day against the aforesaid H. in the Plea aforsaid and he came not and the Sheriffe now retorneth that the said H. was not taken by himselfe but by I. D. late Sheriffe Predecessor of him the said now Sheriffe nor the body of the said H. to the aforesaid now Sheriffe was delivered in his going out of Office therefore the said now Sheriffe is commanded that he distrain the aforesaid late Sheriffe by all his Lands c. and that of the profits c. so that he may have here tali die the body of the aforesaid H. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Distringas nuper vic aliter Oliver c. To the Sheriffe of S. Greeting we command you that you distrain O. S. Esq late Sheriffe of your County by all his Lands ut supra and that you have his body before our Justices at Westminster to deliver to you the body of D. late of c. whom by our command he took as he to our Justices at Westminster at a certain day now past returned so that the body of the said D. you may have before our Justices at Westminster tali die to answer Q. in a Plea that he render to him x. l. which to him he oweth and unjustly detaineth as it is
VVrit of Plur. Magnum Cape in Dower 177 The entry thereof 178 A Writ of Magnum Cape non Omit in a Precipe in capite 179 The entry thereof 180 The Sheriffs Return in a Mand. Balliv Libt 181 A Writ of Seisin in Dower 182 Seisin by default in a Writ of Dower upon which the Sheriffe returns that the Husband died in Fee Tail upon which a Writ is awarded of inquiry of damages in one Writ 183 A VVrit of Habere facias seisinam in Dower by default and of inquiry of the value of the damages out of the seisin of the Husband in one Writ 185 A VVrit of Pone in Partition 187 A VVrit of Pone in Warrantia Chartae 188 A Writ of Habeas Corpus and Entry thereof 189 A Capias pro fine upon a Rescous 190 The entry of a Retorno habend 193 Habere facias seisinand 194 Entry thereof 196 The entry of a Summons in severance upon an Alias Capias 198 The entrance of a Summons in severance upon a Plur. Cap. 200 A Distring nup. vic ad Habend Corpus where the Sheriffe returns that he took the body but had it not at the return of the Writ 201 The entry thereof 203 A Distr nup. vic 204 Entry of a Distr nup. vic 206 A Distr nup. vic aliter 207 The entry of a Mâ—gnum Cape in Dower Ret. Crast Aâ—imarum and per non misit breve Magnum Cape Ret. 8. Hillary and thereupon a nolle prosequi 208 Entry of a Capias alias Cap. and plures Cap. against one that was before the Plur. was returned imprisoned in the Fleet now before you can have the benefit of your Plur. Cap. to outlaw him c. 210 A Pone in a Quare impedit at the Suit of the Lord Protector 212 The entry of the VVrit aforesaid 213 An alias Summons in Dower 214 Entry thereof 215 Entry of a discontinuance 218 A Pone in a Quare impedit 219 A Summons and severance in Debt 220 A Habeas Corpus to the VVardens of the Fleet ib. A Pone after an Esloign in a Quare impedit c. 221 Entry thereof 222 A VVrit of view in Formedon 223 Entry thereof 224 An entry of a Test in Debt ib. A VVrit of Supersedeas 226 The entry of a Habeas Corpus to the Chancellour of the County Palatine 227 The FILACERS measne processe What the Filacers their Office is and what are the processe they make out FIlacers make out all manner of measne processe upon Original Writs before appearance But before we treat of the several sorts of their Writs it will not be amisse to speak something of the word Filacer the acceptation thereof in the Law The Office of Filacer is derived from the French word filace a Thread Terms ley on which we may very fitly paraphrase thus That it is a Thread indeed without which in the Common-Pleas there can be no Web or work made for the dispencing and administring of Right and Justice to all A line whose bounder is the appearance and imparlance of the parties litigant and a rule that leadeth men so directly to their rights that it will force the Defendants at last to appear and plead There are 14. Filacers in the Common-Pleas which make out all processe there upon Originals and distresse infinite upon Summons retorned in personal Actions and the Capias upon the retorn of nihil And all Writs in view in case where the view is prayed And where the appearance is with them they enter the imparlance and the general issues in Common Actions and Judgement by confession before issue joyned and make out Writs of Execution upon them And they make Writs of Supersedeas after a Capias awarded when the Defendants appear in their Office and this Officer is mentioned in the Statutes of 10. Hen. 6. c. 4. and 18. Hen. 6. cap. 9. I shall as briefly as I can treat of their Writs and the proceedings thereupon and first of a Capias ad respondendum Of a Capias ad respondendum and of the proceeding thereon It is a Writ which before Judgement in Actions personal as in Debt Trespasse or Detinue issueth after the Sheriffe hath retorned a nihil habet in baliva c. upon the Original or Summons and which beareth Teste from the retorn of the Original and between its Teste and retorn hath 15. dayes at least And if thereupon you cannot take the Defendant then you may have an alias Capias bearing Teste from the retorn of the Capias or a plures Capias bearing Teste from the retorn of the alias Capias ever observing that there be 15. dayes between the Teste and retorn of every one of them And if on neither of them you can take the person you may proceed with your pluries Capias to the outlawry against him For each of your Processe you bring not into the Filacers by the day of the retorn you are to pay 4d. as a Post diem for the filing thereof with the Custos Brevium And for each of them you bring not in to be entred there upon the Rolle before the Essoin day of the succeeding Term you are to pay a penny more as a Post Entry And for each Writ that is not filed of the same Term it is retornable you pay 20d. for the Post Terminum every Term the same is unfiled which is due and paid by the Filacers to the Custos Brevium If you have sued out your Original in London and the Defendants live elsewhere and you would have them more speedily arrested then by way of outlawery upon the Sheriffs return of non est inventus c. on the Capias you may have a Testatum in the County where they live to Arrest them there All Filacers are to enter their Writs upon Rolles of the same Term they are retornable and the Writs after they are entred are to be filed with the Custos Brevium The filacers do likewise take them out upon their remembrance marked with the number Rolle to the end thereby you may know where to finde your Writs entred Of a second Deliverance It lieth after a Replevine is brought where the Plantiffe maketh default being non-suite before Declaration or the like or Judgement is given against him then he that destrained the beasts shall have them delivered to him again by this Writ Terms ley Replevine Stat. 13. E. 1. cap. 2. Dyer 41. cap. 4. Of a Retorno habendo It lieth where a Plaint is removed out of the County Court or Court Barron by a pone or recordare into the Common-Bench and after the Plaintiffe in the replevine is non-suit before any Avowry be made notwithstanding this non-suit the party that distrained may have again the same distresse by this Writ which is onely to revive the first suite And the Defendant in this case cannot have a Recaption for a double distresse And after this Writ had and Trial thereupon or that the Plaintiffe be again non-suit before
Declaration Return irreplevisable shall be awarded to the Avowant then he may make his Avowry to the intent to ground a Writ to enquire of damages or he may hold the beasts as a distresse till he be satisfied And if any Retorno habendo go forth before this Writ this is a Supersedeas to it the Sheriff must not proceed upon it F.N. B. 72. Dyer 41.42 280 59. If the Sheriff upon the Retorno habendo do return that the Cattle were esloigned then a Capias in Withernam shall be awarded to take other Cattle and if the Sheriffe retorn he hath no Cattel then a Capias against the body Of a Capias in Withernam It is a Writ lying where he that destraineth or the Owner of the Cattle after the distresse taken doth esloign them or carry them out of the County or holdeth keepeth them in some Castle so that the Sheriffe cannot make a Replevine or Retorno habendo as occasion is then the Sheriff by this Writ may take so much of the other goods or Cattle of the party that hath done this instead of them And if they be in a Castle within his County the Sheriff may take posse Comitatus and break into the Castle and make Replevine 3. H. 7.1 Terms ley distr F. N. B. 73 West 1. cap. 17. Dyer 41.59 West 1. c. 20. Brit. Chap. 17. Note that whatsoever the Sheriffe retorns upon the plures Replevine it ought to be inserted and rehearsed in the Writ of Withernam And if the Sheriff retorn that he hath commanded the Bayliffe of the Franchise who hath given him no answer or that the Bayliffe will not make deliverance that then the Plaintiffe shall have a non omittas directed to the Sheriffe commanding him to enter into the Franchise and make the return and if the Sheriffe do it not the Plaintiffe shall have an alias non omittas directed to the Sheriffe and afterwards a plures non omittas c. Of the non Omittas It is a Writ and lieth where the Sheriffe returneth upon a Writ to him directed that he hath sent to the Bayliffe of such a Franchise which hath return of writs he hath not served the Writ then the Plaintiff shall have this Writ directed to the Sheriffe that he himself enter into the Franchise and execute the Writ and the Sheriffe shall warn the Bayliffe that he be before the Justices at that day contained in the writ and if he come not excuse himself then all the Writs judicials which shall passe out of the Court during the same Plea shall be Writs de non omittas c. and the Sheriffe shall make execution of them having that Plea Terms ley The Sheriffs return that he hath commanded the Bayliffe of the Liberty c. who gave him no answer c. or the other return that that the Bayliffe will make no deliverance are no good returns for by the Statute of Westminster 1 Chap. 27. in the end of the same Statute appears that the Sheriffe upon such a return made to him by the Bayliffe ought presently to enter into the Franchise or Liberty make deliverance of the thing taken Of a Partitione Facienda This Writ lieth where two or more men hold Lands or Tenements together joyntly or in Common and undivided which are divideable by Law and some of them refuse to divide them in this case the rest may enforce them to it by this Writ to the Sheriffe who will thereupon by a Jury of the Bayly-wick divide it Terms ley Statute of 32. H. 8. cap. 10. and 32. H. 8. cap. 32. The Writs that are made out on this Writ after the Summons returned are a Pone and distresse infinite but before you can have your distr you must be sure to have your Pone returned by the Sheriffe and to file it with the Filacer which warrants the making out of the distringas and upon that you may get an amearcement of five pounds if the Defendant appear not then you may have an alias distringas doubling your issues and so distresse infinite till he do appear Of a Warrantia Chartae This VVrit lieth for him that is enfeoffed with warranty and is afterwards impleaded in an Assize or other Action in which he cannot vouch then he may have this Writ against the Feofor or his Heir to compel them to warrant the Land unto him Terms ley F. N. B. fol. 134. D. A man may bring this Writ of Warrantia Chartae c. in what County he will if the deed bear not date at a certain place or County for then he ought to bring the VVrit where the deed bears date This VVrit extendeth to the warranty of Lands c. of an estate of Free-hold or inheritance and not to any Chattle real personal or mixt saving onely in case of a wardship granted with warranty The processe whereby the vouchee is called is a Summons ad warrantizandum and whereupon if the Sheriffe return that the vouchee is sumoned he make default then there is awarded a Magnum Cape ad valenciam c. when if he make default again then judgement is given against the Tennant and he to have over in value against the vouchee but if the Sheriffe return that he hath nothing then after a Writ of alias and plures a Writ of sequitur sub periculo suo is awarded c. And the Demandant shall not have judgement to recover in value c. because the vouchee was never warned After the Summons comes a pone and then a distringas and if the Defendant appear not an alias distringas setting issues c. And so distresse in infinitum till there be appearance given Of a Quare impedit It is a Writ judicial that lieth where one hath recovered a presentment to the Bishop to command him to admit his Clerk that hath recovered and if the suite were against the Bishop alone then this Writ may be directed to the Bishop of the Diocesse or the Metropolitane at the election of the party And if in this case the Bishop refuse him the party may have a quare not admisit F. N.B. 38. or it is a Writ that lieth where a man hath an Advowson and the Parson dieth and another presenteth his Clerk or disturbeth me to present then he may have the said Writ The Writ is a Summons at the Plaintiffs suite and after your proceeds are the same as in the Writ of Partition by pone and distringas c. Of Wast VVaste is where Tenant for Term of years Tenant for life or Tenant for Term of anothers life Tenant in dower or Tenant by the courtesie or Guardian in Chivalery doth make waste or destruction upon the Land that is to say pulleth down the house or cutteth down Timber or suffereth the house willingly to fall or diggeth the ground then he in the reversion shall have one Writ for the waste and shall recover the place where the waste was done
laid in the County of Kent Southampton York Stafford or Dorset where the Town and County lieth and the Recognizance to be taken accordingly That the principal rendring himself at any time after Bail put in and before or upon the day of appearance of the scire facias returned scire feci or of the second scire facias returned nihil or in case there shall be an action of debt brought upon the Recognizance against the Bail then if the principal shall render himself upon or before the processe returned served no further proceedings to be against the Bail The new Orders concerning appearances That appearances be duely entred with the Filacers but if special Bail be requirable in the case the Plaintiffe not to be concluded by such appearances if he insist upon it That where an appearance is upon the Original Writ if the Defendants appearance be not entred of Record the Defendants Attorney to give his hand to the Plaintiffs Attorney upon the delivery of the Declaration that he appeareth thereunto That any Attorney of either Bench accepting a Warrant to appear or subscribing a Processe Declaration or Warrant to appear be compelled to cause appearance or be liable to an attachment or put out of the Role as the case requires and the party not to be received to countermaund such appearance after his retainer c. That if a Capias be returned in Court non est inventus against a Prisoner in the Fleet he is compellable to appear upon a habeas Corpus ad respondendum as well at the suite of a stranger as at his suite whereupon he is imprisoned and to answer to a Declaration according to the rule of the Court or that judgement be entred against him c. with many other Orders which tendeth not to our purpose Having thus gone through the greatest part of the course of the Filacers Office and the nature of their Writs I shall now in order set down their Fees they take for their Writs and the entry of them The Filacers Fees Inprimis For every Capias alias and plures in debt detinue and trespasse not having more then 4. names in a Writ and entry thereof 6. d. If there be above 5. names it is double and you pay for it 1. s. Item For delivery of every first Capias upon Record and entry thereof 4. d. Item For every Testatum upon any the said Writs pone in Replevine and Summons 1. s. Item For every Capias alias and plures in account Covenant Annunity Ejectione firme and upon penal Statutes 1. s. Item For every Writ in an Action upon the case if it contains not 10. lines 1. s. But if it contains 10. lines you pay six pence more if 15. lines 12. pence more so that they reckon for every 5. lines after the first 5. lines if the Action of the case contained 10. lines or more 6. d. Item For every Retorno habendo and second deliverance before appearance and entry thereof 2 s 6.d Item For every non Omittas and Capias in Withernham 2 s 6.d Item For every Writ of Partition War Item For every writ for enquiry of dammages in reall actions Scire facias and Supersedeas 2 s Item For every grand Cape alias summons petite cape and entrie thereof 2. s. 6. d Item for the Copie of the entry thereof 8. d. Item For the demandant in every writ of view and entry thereof 2 s 6.d Item For a Copie of the entrie thereof 8. d. Item For every writ of Seisin and entry thereof 4. s. 6. d. Item For the view prayer 2 s Item For a Copie of the entry thereof 8. d. Item For every writ of habeas Corpus duc coram distring nuper vic and distring ballivum 2. s. Item For every writ of rescous and entry thereof 2. s. Item For the entry of every adjournment discontinuance and resort 4. d. Item For every speciall baile and the entry thereof 2. s. 10. d. Item For every appearance in reall and mixt Actions 4. d. Item Upon every appearance upon writs to arrest and the entry thereof 1 s Item For searches Copies number Rols and giving of Rules each of them 4. d. THE FORMES OF THEIR SEVERAL WRITS AND THE ENTRIES THEREOF A Capias in debte against one defendant only OLIVER Lord Protector c. To the Sheriffe of Middlesex greeting we command you that you take A. B. late of c. if he shal be found in your bailywick and him safely keep so that you may have his body before our Justices of the Common Bench at Westminster tali die to answer I. P. in a Plea that he render unto him 40. pounds which to him he oweth and unjustly detaineth as it is said And have you there this writ witnesse O. St. John at Westminster the 23 day of Ja. In the year of our Lord 1654. The entry Thereof Mid. ss I.P. by his Attorney offered himself the 4th day against A.B. late of c. in a Plea that he render to him 40 l. which to him he oweth unjustly detaineth c. And he came not and the Sheriffe was commanded to summon him c. the Sheriffe returns to that he hath nothing c. therefore let him be taken that he may be here from the day of St. Michael in three weeks And the writ is delivered upon Record c. An alias Capias Oliver c. as above we command you as heretofore we commanded you that you take c. ut supra ad finem The entrie Thereof I. P. by his Attorney offered himself the 4th day c. as above untill and he came not and the Sheriffe was commanded to take him c. And the Sheriffe returned that he is not found c. Therefore as heretofore he was been commanded let him be taken that he may be here in the morrow of All-Souls c. A plures Capias Oliver c. we command you as often times we commanded you that you take c as above to the end c. The entry thereof M. ss I.P. by his Attorney offered himself the 4th day c. as above untill and he came not And as heretofore the Sheriffe was cōmanded to take him c And the Sheriffe returned that he is not found c. Therefore as often times he hath been commanded let him be taken that he may be here from the day of St. Martins in 15. dayes c. The entry of a Capias al. Capias and plures Capias all in one roll I. P. by his Attorney offered himself the 4th day against A. B. late of c. in a Plea that he render to him twenty pounds which to him he oweth and unjustly detaineth c. And he came not and the Sheriffe was commanded that he should summon him c. And the Sheriffe returned that he hath nothing c. Therefore let him betaken that he may be here in the morrow of All-Souls c. And the Writ is delivered
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
the execution of the Writ of the Lord Protector lately to him directed he commanded the Bayliffe of the Liberty of the Lord Protector of his Bishoprick of Ely the place being now void within the Isle of Ely to whom c. insomuch that c. who thereof gave him no answer therefore the Sheriffe is commanded that he omit not for that Liberty but take into the hand of the Lord Protector the third part aforesaid with the appurtenances in form aforesaid c. The Entry of an Amerciament against a Sheriffe for not returning a Writ ss At which day here came the aforesaid J. by his Attorney the Sheriffe of the County aforesaid although was solemnely exacted to return the Writ aforesaid came not nor returned that Writ therefore the same Sheriffe to wit J. S. is in mercy c. and is amearced by the Justices here to xl s. c. An Original in Dower ss Oliver c. To the Sheriff of Cambridge Greeting command W. C. that justly and without delay he render to L. S. Widow who was the wife of R. S. her reasonable dower which hapneth to her of the Freehold which was of the aforesaid R. in time past her husband in Wisbech whereof she hath nothing as it is said and whereof she complaineth that the aforesaid VV. deforceth her and unlesse he shall do it c. the xv Pas Test c. The Sheriffs Return ss For the Execution of this Writ I have made my Warrant to the Bayliffe of the Lord Protector of the Bishoprick of Ely the place being now void within the Isle of Ely who hath the full return and execution of all Writs within the same Liberty to execute to whom the execution of this Writ doth wholy belong insomuch that no execution thereof elsewhere than within the same Liberty by me could be done which said Bayliffe no answer thereof to me gave I.P. Ar. vic An alias Summons of a non omittas in Dower ss Oliver c. To the Sheriff of Cambridge Greeting we command you that you omit not for our Liberty of the Bishoprick of Ely the place being now void within the Isle of Ely but command W.C. that justly and without delay he render to L.S. Widow who was the wife of R. S. her reasonable dower which happeneth to her of the freehold which was of the aforesaid R. in time past her husband in VVisbech whereof she hath nothing as it is said whereof she complaineth that the aforesaid W. deforceth her and unlesse he shall do it and the aforesaid L. shall secure you for prosecuting her complaint then Summon the aforesaid VV. that he be before our Justices at VVestminster in the morrow of the holy Trinity to shew wherefore he will not do it and whereof your self hath certified to our Justices at Westminster from the day of Easter in 15. dayes last past that you commanded the Bayliffe of our Liberty of the aforesaid Bishoprick the place being then void within the aforesaid Isle of Ely who hath full return execution of all Writs within the same Liberty to execute to whom execution of the Writ aforesaid wholy belonged in so much that no execution thereof elsewhere than within the same Liberty by you could be done who no answer thereof to you gave and have you there the Summoners and this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded that he should command W. C. that justly c. he should render to Luce S. Widow who was the wife of R. S. her reasonable Dower which hapneth to her of the freehold which was of the aforesaid R. in time past her husband in Wisbetch whereof she hath nothing c. and unlesse c. then he should Summon by good Summoners the aforesaid W. that he might be here at this day to wit from the day of Easter in 15 dayes to shew wherefore he did it not And now here at this day came the aforesaid Luce by Fr. T. her Attorney and the Sheriffe returned that he commanded the Bayliffe of the Liberty of the Lord Protector of his Bishoprick of Ely the place being then void within the Isle of Ely who hath full c. to whom c. who to him no answer c. Therefore the Sheriff is commanded that he omit not for the Liberty aforesaid but Summon by good Summoners the aforesaid W. that he be here in the morrow of the holy Trinity to answer the aforesaid Luce in the Plea aforesaid c. A distr nuper vic ss Oliver c. We command you that you distrain A.B. Esq late Sheriff of your County your predecessor by all his Lands and Cattles in your bayly week so that neither c. so that he may have before our Justices at Westminster tali die the body of R.B. late of T. as in the Writ to answer S. P. in a Plea that he render to him C. l. zz whom by our command he hath taken as he to our Justices at Westminster in 8. dayes of the holy Trinity last past certified and to hear his judgement for many defaults and have you there this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded that he should have here at this day to wit in eight dayes of St. Hillary last past the body of H. late of c. whom the same Sheriffe took and in his power detaineth to answer R. S. in a Plea that he render to him 40. l. which to him he oweth and unjustly detaineth c. And now here at this day came the aforesaid R. by M.I. his Attorny and proffered himself the fourth day against the aforesaid H. in the Plea aforesaid and he came not and the Sheriffe returned that the same H. was not taken by him Sheriff but by J. D. late Sheriff predecessor of him the now Sheriffe nor the body of the same H. to the aforesaid now Sheriff was delivered in his going forth from his Office Therefore the now Sheriffe is commanded that he distrain the aforesaid late Sheriffe by all his Lands c. And that of the profits c. so that he have here tali die the body of the aforesaid H. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Writ of alias Summons where the Sheriffe returneth that the Plaintiffe hath not found pledges to prosecute ss Oliver c. To the Sheriff of Suff. Greeting for that A. B. in our Court before our Justices at Westminster hath not secured our said Justices for prosecuting his Plaint by John Den and Richard Fen we command you that you Summon by good Summoners C.D. of D. in your County Yeoman that he be before our Justices at Westminster in 8. dayes of St. Hillary to answer the aforesaid A. B. in a Plea that he render to him 40. s. which to him he oweth and unjustly detaineth as it is said and have you there the Summoners and this Writ witnesse c. The
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
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
day is given to the aforesaid John Gye here c. The Entry of a Writ of Ravishment of Ward ss The Sheriffe was commanded that if John Prior of Taunton John Soper would secure the said Sheriffe for prosecuting their Plaint then he should put under security and safe pledges R. C. late of c. that he might be here at this day to wit in the morrow of the purification of the blessed Virgin Mary to shew wherefore T. Prior Son Heir of N. P. being within age whose marriage unto the said John Prior and John Soper doth belong at Taunton found he Ravished and took away against the will of the said J. P. and J.S. against the peace of the Lord Protector now c. and that the same Sheriffe should diligently inquire where the said Heir might be in his Bayly-week and him wheresoever he might be found he should take and safely securely keep so that he might have him now here at this day came the aforesaid P. and J. by T.C. their Attorney offered themselves the 4th day against the aforesaid R. in the Plea aforesaid and he came not and the Sheriffe now returneth that he hath nothing c. and that the aforesaid T. is not found c. therefore let the aforesaid R. be taken that he be here from the day of Easter in 15 dayes and in the mean time he diligently enquire where the Heir is in his Bayly-week him wheresoever he shall be found he take and safely and securely keep so that him he may have at the aforesaid Term to be rendered to which of the aforesaid P. and John he ought to be rendered c. A distr in a Writ of Ravishment of a Ward Oliver c. To the Sheriffe Greeting we command you that you distrain as in another Writ to answer R.C. of a Plea wherefore A. Son and Heir of R.S. being within age whose marriage to the said R. and S. doth belong at S. found he Ravished and took away against the will of the said R. and S. and against our peace and to hear his judgment for many defaults and to shew wherefore he kept not the day to him given by his Esloign before our Justices at Westminster from the day of Easter in 15. dayes after he was attached and in the mean while you diligently enquire where the Heir is in your Bayly-week and him wheresoever he shall be found you take and safely and securely keep so that him you have before our said Justices at Westminster at the aforesaid Term to render to which of the aforesaid R. S. he ought to be rendered c. and have you there this Writ c. A Capias in Withernam upon an averia clongat on a Writ of Returno habendo Oliver c. To the Sheriffe Greeting whereas J.C. and T.D. were Summoned to be in our Court before our Justices at Westminster tali die to answer W. G. in a Plea wherefore they took the Cattle of the said W. and them unjustly detained against security and pledges as it is said the same W. afterward in our said Court made default whereby it was ordered in our said Court that the said W. and his pledges for prosecuting should be in mercy and the aforesaid J. and T. should go thence without day and that they should have return of the Cattle aforesaid whereupon by our Writ we have commanded that to the aforesaid J. and T. the Cattle aforesaid you should cause to be returned and them at the Plaint of the aforesaid W. you should not deliver without our Writ which of the aforesaid judgement expresse mention should make and how this our precept you had executed you should certifie to our Justices at Westminster from the day of St. Hillary in 15. dayes last past and you to our Justices at Westminster at that day did return that before the coming of the Writ aforesaid the Cattle aforesaid were Esloigned to places to you unknown by the aforesaid W. so that them to the aforesaid J. and T. you could not return as by that Writ you were commanded and therefore we command you that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam you take and them to the aforesaid J. T. you deliver to be detained by them untill the aforesaid Cattle first taken you can return and put under security and safe pledges the aforesaid W. that he be before our Justices at Westminster from the day of Easter in 15. dayes to answer as well us as the aforesaid T. and J. for the damages and injuries to them in this behalf done and have you there the names of the pledges and this writ T. c. The Entry thereof ss The Sheriff was commanded that whereas J.C. and T.D. were Summoned to be in the Court of the Protector here tali die to answer W. G. in a Plea wherefore they took the Cattle of the said W. and them unjustly detained against security and pledges c. the said W. afterward in the said Court made default for which it was ordered in the same Court that the said W. and his pledges for prosecuting should be in mercy and that the aforesaid J. and T. should go thence without day and that they should have return of the Cattle aforesaid whereupon the said Protector did command the said now Sheriff that to the aforesaid J. and T. the Cattle aforesaid he should cause to be returned and them at the Plaint of the aforesaid W. he should not deliver without the VVrit of the said Protector which of the aforesaid judgement expresse mention should make and how c. he should certifie to the Justices here at this day to wit in eight days of S. Hillary c. and now here at this day came the aforesaid J. and T. by E. P. their Attorney and the Sheriffe now returneth that before the coming of the Writ aforesaid the Cattle aforesaid were esloigned unto places to him unknown so that them to the aforesaid J. and T. he cannot return as by that Writ he was commanded c. therefore the Sheriffe is commanded that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam he take them to the aforesaid J. and T. he deliver to be detained by them untill the Cattle aforesaid first taken he can return and that he put under security and safe pledges the aforesaid W. that he be here in 8. dayes of the Purification of the blessed Virgin Mary to answer as well the Lord Protector for the contempt as the aforesaid J. and T. for the damages and injuries to them in this behalf done c. The Entry upon the return of a Nihil on the Writ of Withernam ss At which day here came the aforesaid R. by his Attorney and offered himself the 4th day against the aforesaid J. in the Plea aforesaid he came not
and the Sheriffe now returneth that there are no Cattle of the aforesaid J. in his Bayly-week which in Withernam he can take and deliver to the aforesaid R. to the value of the Cattle aforesaid first taken as he is commanded and that the aforesaid J. hath nothing c. therefore let him be taken that he be here from the day of Easter in 15. dayes And hereupon continuation and processe as in the Capias before A Writ of Capias upon a Writ of Withernam Oliver c. To the Sheriffe Greeting whereas R. W. was Summoned to be in our Court before our Justices at Westminster to answer T. H. in a Plea wherefore he took the Cattle of the said T. and them unjustly detained a-against security and pledges as it is said the same T. afterward in our said Court made default for which it was ordered there that he and his pledges for prosecuting should be in mercy and that the aforesaid R. should go thence without day and that he should have return of the Cattle aforesaid whereupon by our writ we commanded you that to the aforesaid R. the Cattle aforesaid you should cause to be returned and them at the Plaint of the aforesaid T. you should not deliver without our Writ which of the aforesaid judgement expresse mention should make how that our precept you had executed you should certifie to our Justices at Westminster in eight dayes of the holy Trinity last past and you to our Justices at Westminster at that day did return that before the coming of the Writ aforesaid the Cattle aforesaid were esloigned to places to you unknown by the aforesaid T. so that them to the aforesaid R. you could not return as by that writ you were commanded whereupon we commanded you that of the Cattle of the aforesaid T. to the value of his Cattle aforesaid first taken in Withernam you should take and them to the aforesaid R. you should deliver to be detained untill the Cattle aforesaid first taken to the same R. you could return and that you should put under security and safe pledges the aforesaid T. that he might be before our said Justices at Westminster in eight dayes of St. Michael then next ensuing to answer as well us of the contempt to us as the aforesaid R. of the damages and injuries to him in this behalf done and you to our Justices at Westminster at hath day returned that the aforesaid T. had no Cattle in your Bayly-week which in Withernam you could take and them to the aforesaid R. could deliver as by that Writ you were commanded and that the aforesaid T. had nothing in your Bayly-week whereby he can be attached And therefore we command you that you take the aforesaid T. if he shall be found in your Bayly-week and him safely keep so that you may have his body before our Justices at Westminster in eight dayes of St. Hillary to answer as well us of the contempt to us as the aforesaid R. of the damages and injuries to him in this behalf done and have you there this Writ T. c. The Entry thereof ss The Sheriffe was commanded that whereas R. W. was Summoned to be in the Court of the Protector here to answer T. H. in a Plea wherefore he took the Cattle of the said T. and them unjustly detained against security and pledges c. the same T. afterward in the said Court made default for which it was there ordered that he and his pledges of prosecuting should be in mercy and the aforesaid R. W. should go thence without day and that he should have return of the Cattle aforesaid whereupon the Lord Protector by his VVrit to the said Sheriffe did command that those Cattle to the aforesaid R.VV. he should cause to be returned them to the aforesaid T.H. he should not deliver without the VVrit of the Lord Protector which of the aforesaid judgement expresse mention should make and how c. the Sheriffe should certifie to the Justices here from the day of the holy Trinity in xv dayes last past at which day the Sheriffe returned here that before the coming of the VVrit aforesaid the Cattle aforesaid were esloigned to places to the same Sheriffe unknown by the aforesaid T. so that them to the aforesaid R. he could not return as by the Writ he was commanded whereupon the said Sheriffe was commanded that of the Cattle of the aforesaid T. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid R. he should deliver to be detained untill the aforesaid Cattle first taken he could return and that he should put under security and safe pledges the aforesaid T. that he might be here at this day to wit in eight dayes of St. Michael to answer as well the Lord Protector of the contempt to the said Lord Protector as the aforesaid R. of the damages and injuries to him in this behalf done c. and now here at this day came the aforesaid R. by J. Jener his Attorney and the Sheriffe now returneth that the aforesaid T. hath no Cattle in his Bayly-week which in Withernam he could take and them to the aforesaid R. could not deliver as by the Writ aforesaid he was commanded and that the said T. hath nothing in his said Bayly-week whereby he may be attached c. therefore the Sheriffe is commanded that he take the aforesaid T. if c. and safely c. so that he have his body here in 8. dayes of St. Martine to answer as well the Lord Protector for the contempt to the said Lord Protector as the said R. for the damages and injuries to him in this behalf done c. Note that a Latitat may be awarded as is awarded in another writ of Capias A Latitat upon the Capias after the Writ of Withernam Oliver c. To the Sheriffe Greeting whereas R. W. was Summoned to be in our Court before our Justices at Westminster to answer T. H. of a Plea wherefore he took the Cattle of the said H. and them unjustly detained against security pledges as he sayeth the same T. afterward in our said Court made default whereby it was considered there that he his pledges of prosecuting should be in mercy and that the aforesaid R. should go thence without day and that he should have return of the Cattle aforesaid whereupon by our Writ we commanded our Sheriffe of Devon that to the aforesaid R. his Cattle aforesaid he should cause to be returned and them at the Plaint of the aforesaid T. he should not deliver without our Writ which of the aforesaid judgement expresse mention should make and how that our precept he should have executed the same Sheriffe should certifie to our Justicces at Westminster from the day of the holy Trinity in 15. dayes last past and the said Sheriffe of Devon to our Justices at Westminster at that day returned that before the
coming of the aforesaid Writ the Cattle aforesaid were esloigned to places to him unknown by the aforesaid H. so that them to the aforesaid R. he could not return as by that Writ it was commanded whereupon the said Sheriff of Devon we commanded that of the Cattle of the aforesaid H. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid R. he should deliver to be detained untill the aforesaid Cattle first taken to the said R. he could return and that he should put under security and safe pledges the aforesaid H. that he should be before our said Justices at Westminster from the day of St. Michael in 15. dayes then next following to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done the same Sheriffe of Devon to our Justices at Westminster at that day returned that the aforesaid H. had no Cattle in his Bayly-wick which in VVithernam he could take that them to the aforesaid R. he might return as by that Writ he was commanded and that the aforesaid H. had nothing in his Bayly-wick whereby he might be attached whereupon by our Writ the said Sheriffe of Devon we commanded that he should take the aforesaid H. if he might be found in his Bayly-week and him safely should keep so that he might have his body before our Justices at VVestminster in 8. dayes of St. Martin last past to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done at which day the said Sheriffe of Devon to our Justices at Westminster returned that the aforesaid H. was not found in his Bayly-wick whereas it is witnessed in our said Court that the said H. doth lurk wander and lye hid in your County and therefore we command you that you take the aforesaid H. if he shall be found in your Bayly-wick and him safely keep so that you have his body before our Justices at Westminster in 8. dayes of St. Hillary to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done and have you there this Writ c. The Entry of the Capias in Withernam where the Sheriffe returns a Rescue upon the same Writ It was commanded to the Sheriffe whereas L. S. was Summoned to be in the Court of the Lord Protector here to answer W.W. in a Plea wherefore he took the Cattle of the said W. them unjustly detained against security and pledges c. the said W. afterward in our said Court made default for which it was ordered there that he and his pledges of prosecuting should be in mercy and that the aforesaid L. should go thence without day and that he should have return of the Cattle aforesaid whereupon the Lord Protector by his Writ the said Sheriffe commanded that those Cattle to the aforesaid L. he should cause to be returned and them at the Plaint of the aforesaid W. he should not deliver without the VVrit of the said Lord Protector which of the aforesaid judgement expresse mention should make and how c. the Sheriffe should make appear here in eight dayes of St. Hillary last past and the same Sheriffe to the Justices here at that day returned that before the coming of the Writ aforesaid the Cattle aforesaid were esloigned unto places to him unknown by the aforesaid W. so that them to the aforesaid L. he could not return as by that Writ it was commanded whereupon the said Lord Protector to the Sheriffe of the said County commanded that of the Cattle of the aforesaid W. to the value of the aforesaid Cattle first taken in Withernam he should take and them to the aforesaid L. he should deliver to be detained untill the aforesaid Cattle first taken he could return and that he should put under security and safe pledges the aforesaid W. that he might be here at this day to wit from the day of Easter in 15. dayes to answer as well the Lord Protector for the contempt to the same Lord Protector as the aforesaid L. for the damages and injuries to him in this behalf done c. and now here at this day came the aforesaid L. by R. P. his Attorney and the Sheriffe to wit J. F. Esq now returned that he by virtue of that Writ made his certain Warrant with his seal sealed to one J. H. that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid L. he should deliver to be detained untill the Cattle aforesaid first taken he might return according to the express command of the said Writ and by virtue of the Warrant aforesaid the said J. H. the Cattle of the aforesaid W. in Withernam did take and them to the aforesaid L. would have delivered but there came the aforesaid W. the 10. day of May last past with many other unknown persons arrayed in warlike manner and the aforesaid Cattle at Baunton in the County aforesaid from the custody of the aforesaid J. H. his Bayliffe took and lead away and upon the aforesaid Bayliffe of the said Sheriffe then and there made an assault and him would have killed except he had suffered his said Cattle to escape and so for fear of his death he suffered them to escape to the aforesaid W. and those Cattle for the cause aforesaid he could not deliver as by the Writ aforesaid to him it was commanded and further the said Sheriffe to our Justices here certified that after the aforesaid tenth day of May the said VV. had no Cattle within his Bayly-wick which any wise in VVithernam he could take according to the form of the aforesaid Writ and that the said VV. had nothing in the Bayly-wick of the said Sheriff whereby he might be attached c. therefore to the Sheriffe is commanded that he do take the aforesaid VV. if c. and safely c. so that he may have his body here from the day of St. Michael in xv dayes to answer as well the Lord Protector for the contempt to the said Lord Protector as the aforesaid L. for the damages and injuries to him in this behalf done c. A Distr and a Duces Tecum in one Writ Oliver c. To the Sheriffe Greeting we command you that you distrain J.H. late of c. as in another Distr to answer R. B. 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 we command you also that you have before our Justices at Westminster at the aforesaid Term the body of W. D. late of T. c. whom by our command you have taken and in your custody you detain being sick in prison as
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.
day was given to the aforesaid Bish here c. after they were Summoned judgement that they be attached that they may be here in eight dayes of St. Michael c. A Writ of view in a Formedon in Descender Oliver c. To the Sheriffe of Midles Greeting we command you that without delay you cause R. D. to have view of one messuage one Garden one Acre of Meadow and six Acres of Pasture with the appurtenances in K. which T. S. in our Court before our Justices at Westminster claimeth as his right by our Writ of Formedon in Descender against him and speak to four Knights of those that shall be present at that view that they be before our Justices at Westminster in 8. dayes of St. Hillary to testifie that view and have you there the names of the Knights and this writ T. c. The Entry thereof ss T. Smith by A. Garland his Attorney demandeth against R. D. one messuage one Garden one Acre of Meadow and six Acres of Pasture with the appurtenances in K. as his right by the Writ of the Lord Protector of Formedon in Descender c. And the aforesaid R.D. by T. Carter his Attorney cometh and prayeth view of the Tenements aforesaid with the appurtenances and let him have it c. day is given to the parties aforesaid here untill in 8. dayes of St. Hillary and in the mean time c. The Entry of a Test in Debt It was commanded to the Sheriffe that he should take Edward Mausel Kt. of London Yeoman otherwise called Edward Mausel de Danford in Com. North. Yeoman if c. and safely c. so that he might have his body here at this day to wit in 8. dayes of St. Hillary to answer Elizabeth Squier Widdow in a Plea that he render to her thirty pounds which to her he oweth and unjustly detaineth c. and whereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of St. Martine in 15. dayes last past that the aforesaid Edward lurked wandred and lay hid in the County aforesaid and now here at this day came the aforesaid Elizabeth by her Attorney and offered herself the 4th day against the aforesaid Edward of the Plea aforesaid and he came not and the Sheriffe now returneth that he is not found c. therefore as heretofore the Sheriffe is commanded that he take him if c. and safely c. so that he may have his body here from the day of Easter in 15. dayes to answer the aforesaid Elizabeth of the aforesaid Plea c. A Writ of Supersedeas Lo ss Oliver c. whereas by our Writ we lately commanded you that you should take R. M. late of c. if he should be found in your Bayly-wick him safely should keep so that you might have his body before the Justices of the Common-Bench at Westminster at a certain day now past to answer T. B. in a Plea wherefore c. cite the Capias untill you come to as it is said yet because the aforesaid R. M. by J.C. his Attorney in the Court of Common-Bench hath appeared we command you that of the further taking arresting and imprisoning or in any wise molesting the aforesaid R. on the occasion premised you altogether Supersead and if the said R. upon that occasion and no other you have taken or imprisoned then the said R. from the prison wherein he shall so be detained if upon that occasion and no other in the same he is detained without delay you deliver under the danger that will thereon ensue T. c. The Entry of a Habeas Corpus to the Chancelor of the County Pallatine of Lanc. ss It was commanded to the Chancelor of the Lord Protector of his County Pallatine aforesaid or to him that holds his place there that by the Writ of the said Lord Protector under the Seal of the County Pallatine aforesaid duely to be made he should command the Sheriff of the County of Lanc. that he should take Mark Woodrow late of London Draper otherwise called M.W. of Manchester in the County of Lanc. Draper if c. and safely c. so that he might have his body here at this day to wit in the morrow of the Purification of the blessed Virgin Mary to answer Edward Elioes in a Plea that he render to him one hundred shillings which to him he oweth unjustly detaineth c. and hereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of S. Martin in 15. dayes last past that the aforesaid Mark was not found in their Bayly-wick when as it is witnessed in the same Court of the said Lord Protector here that the said Mark lurked wandred and lay hid in the County aforesaid and now here at this day came the aforesaid Edward by his Attorney and offered himself the 4th day against the aforesaid Mark in the Plea aforesaid and he came not and John Fortescue Knight Chancellor of the County Pallatine aforesaid now returneth that he by virtue of the aforesaid Writ of the Lord Protector to him directed by the Writ of the said Lord Protector under Seal c. he commanded the Sheriffe of the County of Lanc. as c. which said Sheriff to him returned that he took the body of the aforesaid Mark whose said body here at this day he hath readie as c. but because the Sheriffe the body of the aforesaid Mark now here hath not therefore he to wit Edmund Crafford Esq is in mercy c. and it is commanded to the aforesaid Chancellour of the said Lord Protector of the County Palatine aforesaid that by the Writ of the said Lord Protector under the Seal c. he cause the Sheriffe of the said County to be commanded that he have here from the day of Easter in 15. dayes the bodie of the aforesaid Mark whom c. to answer the aforesaid Edward in the Plea aforesaid c. The Entry of an Alias Distringas nuper vic ad Habend Corpus ss It was commanded to the Chancellour of the Lord Protector of his County Palatine aforesaid or to him that holdeth his place there that by the writ of the said Lord Protector under the Seal of the Countie Palatine aforesaid duely to be made he should cause to be commanded the Sheriff of the Countie aforesaid that he should distrain Robert Halsall K nt late Sheriffe of the Countie aforesaid predecessor of the now Sheriffe by all his Lands c. and that of the profits c. so that he might have here at this day to wit in the morrow of the Holy Trinity the bodie of O. W. whom c. to answer J. W. in a plea that he render to him xx.l. c. and now here at this day came the aforesaid J. W. by his Attorney and offered himself the 4th day against the aforesaid O. W. in the aforesaid plea and he came
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