the proceedings in this Court by Original Writ heretofore were and now are such as are altogether agreeable to the late Statute so made as aforesaid for setting out the particular cause of action in the Writ That the Filizers of the said Court have Fifthly not onely made and entred on record Writs and Process by original but also entred Declarations Imparlances Issues Judgments and divers other proceedings thereupon and also have inrolled Indentures and all this upon their Filizers Rolls IF as is said before Records themselves will not with some be looked upon as they have lately been a disputable evidence especially when very ancient it is not to be doubted but that this assertion may be also very easily proved and why they should be thought the rather to be so because of their antiquity no more reason can be given for it that I know of than that an Act of Parliament now in force and unrepealed made two hundred years since should have less power to command obedience to it than one made but twenty years since nay certainly the antiquity of any proof should make it the better And should you here have an account as it is possible to be done but with great trouble of the several Entries that have been made by the Filizers of this Court upon their own Rolls for so they are called for distinction sake onely to differ them from the Prothonotary or chief Clerks Rolls for most truly and properly all the Rolls of this Court are the King's Rolls or Rolls of the King's-Bench and that for the space of two hundred years and upwards omitting the times before that it would but tire your patience and swell this Volume to be ten times as big as ever it was intended to be But as it is easie Pede Herculis to guess at the magnitude of his whole body so by some few that shall here be set down as plainly and as truly as they may be that they may be repaired unto if occasion you may guess at the multitude that might have been inserted and therefore some few in each King and Queen's Reign within the time aforesaid may be sufficient in all reason to prove this point And now to begin with the Reign of Henry the Sixth being as is said before the oldest Rolls that are in the upper Treasury of this Court and so to bring it down according to the search I have made to these times It appears in Paschae primo ejusdem Regis In whose An. H. 6. time the Filizers Rolls were always filed first after the Rotulo primo which hath usually been a richly guilded Roll with the King's Picture drawn in the first Letter of the word Placita sitting as it were upon the Bench in Court and it sets forth the Person before whom the place were and the time when the pleadings were held To all which the chief Justice his name is put as a Witness and then the Filizer's name that provided that Roll at the bottom of it And this ought to be filed in every Term it being a great ornament to the Rolls themselves and 't is a great neglect some-where to be charged that so many Rolls for some years past have been made up without it Nay all the other Rolls following are nonsensically titled if such a Roll be not filed before them For then follow the other Filizer's Rolls and then after them the Prothonotary or chief Clerks Rolls all with this Title upon them Adhuc de Termino c. T. c. whereas if this Rotulo primo be not filed there is no Term at all appears unto which the Adhuc can have any relation And somerimes in that King's Reign they have been filed promiscuously one among another but still the Filizer's Rolls have been filed first But to return to the proof omitting the entring of Process or Writs upon originals for that is allowed to be their due of all hands It appears in that Term omitting also for brevity sake the names of the Plaintiffs and Defendants and their Attornies and the nature of the Action in rotulis 6. 9. 23. 44. 45. 58. 65. that several Filizers of several Counties entred several Issues and their names are upon the bottom of each Roll and in Mich. 2. ejusdem the like in rotulis 10. 14. 16. 18. And in the Reign of Edward the Fourth in Mich. 4. ejusdem An. Ed. 4. Regis in Rotulis 18. 57. 60. 68. the like Entries and in Paschae 5. ejusdem Regis the Rolls not being numbred but the Filizers names at the bottom there are several Issues entred and as for the Reign of Edward the Fifth it being not An. Ed. 5. three months long and the Reign of Richard the Third not three years long An. R. 3. and very troublesome they were in this search wholly omitted In Hilary 2 Henrici 7. Rolls not numbred several An. H. 7. An. H. 8. Issues entred Mich. 3 Henrici 8. rotulis 43. 49. 54. the like both as to Issues and Judgments by nichil dicit in Paschae 23. 24. ejusdem Regis the like in both Paschae 24. 25. ejusdem and Paschae 25. 26. and Paschae 26. 27. and Paschae 27. 28. the like in all these Terms Rolls not numbred but are to be found filed at the beginning of each Term and in Hilary 36. ejusdem Regis rotulo 14. is the Entry of an Outlawry in an Appeal of Murther and Paschae 37. an Issue and Judgment after a Verdict And in Hilary 1 2 of Edward the Sixth rotulis An. Ed. 6. 2. 3. 12. aliis rotulis the like Issues in Trin. 7. ejusdem rotulis 2. 8. 11. the like usque rotulum 20. In Trin. 1 Mariae rot 10. 12. 13. 15. and divers An. Mariae other Rolls the like In Paschae 1. 2. ejusdem several Issues Trin. prox the like Mich. prox rot 6. 7. 8. and other Rolls not numbred the like and Judgments Hilary 1. 2. the like in rotulis 13. 16. and in Mich. the 26 and 27 of Queen Elizabeth rotulis An. Elizab. 1. 2. 4. 16. 18. 19. and others not numbred there are two Appeals of Murther and one of Robbery and several Issues and special Pleadings In Mich. 36. 37. the like as to Issues In Paschae 44. rotulo 10. a Quare Impedit between the Queen and the Bishop of Hereford And in Paschae 5 Jacobi Roll not numbred there is An. Jacobi an Indenture entred by Howard a Filizer upon his own Roll in Trin. 7. an Issue the Roll not numbred in Hil. 9. Mich. 12. Hil. 12. Trin. 13. Hil. 13. the like Issues and Judgments by Nil dicit and Non sum informat But all these Kings and Queens Reigns have not been gradually searched in every Year and Term for it would have been too great a labour but onely some few to shew that there were no Times in which the Filizers did discontinue entring
Issues and other Entries on their own Rolls as hath been unjustly reported of them But now because the later Precedents may be thought the best proof the former being looked upon by some persons it may be as obsolete by reason of their antiquity these Years following of King James have been carefully and with great labour and pains searched in order year by year It appears then in Paschae 15. ejusdem Regis one Wythe a Filizer enters an Appeal of Murther and in Trin. 15. a Judgment by defalt and a Writ of Enquiry of Damages awarded Mich. 16. one Shaw a Filizer enters an Issue wherein one Edmund Dennye who was one of the Clerks to the then chief Clerk was Attorney for the Plaintiff and afterwards was one of the Jury of Attornies that made the Presentment of the Fees at the end of this Book And in that Term also Walker and Williamson two Filizers do enter two appeals of Murther In Hilary 16. the reversal of an Outlawry pro defectu Proclamationis and divers Issues Trin. 17. the like reversal of an Outlawry and divers Issues one of them in Replevin and Judgment thereupon by Percival a Filizer and several Judgments by defalt In one of which one Tetlow was Attorney for the Plaintiff and in another one Tippet and in others one Harborn and one Bunce were Attornies for the Defendants all which four last Attornies were four of them also that made the Presentment hereafter mentioned In Mich. 17. nil dic in cas In Hilary 17. Scire facias and Judgment in Replevin and several Issues In Paschae 18. Special Plea and Issue thereupon and nil dicit in Replevin upon a Writ of Second deliverance Trin. 18. several Issues and a Defalt Mich. 18. three Defalts Hil. 18. two Issues and two Defalts Trin. 19. the like Hil. 19. two nichil dicits and Writs of Enquiry awarded Paschae 20. Special Plea and Demurrer Trin. 20. several Issues Mich. prox the like and Hil. prox one Dodd a Filizer enters a writ of Right and other Filizers several other Entries of Issues and Judgments in Trin. 21. Hil. prox and Trin. 22. the like Mich. 22. one Seaman a Filizer enters the Reversal of an Outlawry for the insufficient return of an Exigent and to winde up this King's Reign in Hil. prox Edgar Filizer of London so soon as he was Sworn enters an Issue wherein one William Jumper was Attorney for the Plaintiff who was also one of those Attornies that made the said presentment And now we are come to the Reign of Charles the First of ever blessed Memory and because some as I said before look upon the latest precedents to be the best evidence I beg leave to be more prolix in this King's Reign than in the former for these were all searched likewise gradually Some Terms having no such Entries I have here omitted In Trin. 2. Mich. prox ejusdem Regis An. Car. Primi there are divers Issues and Defalts entered and also the Reversal of an Outlawry In Paschae 3. the said Edgar enters four Issues in London Hil. 3. Paschae 4. the like by other Filizers Trin. prox several Issues and Judgments and among them the said Edgar enters an Issue by Bill after an Imparlance Mich. 4. the like Issues and Judgments by others and one Jumper aforesaid Att. pro Quer. in one of them nay in Hilary 4. the said Edgar enters other two Issues by Bill a thing which the now Filizers of this Court do not in the least pretend unto but it seems he thought it was as lawfull and as much his right to enter by Bill as it was for the then cheif Clerk or Prothonotary to enter by Writ and was then an occasion of very great difference between that Filizer on the behalf of all the other Filizers and the then cheif Clerk or Prothonotary who had entred by Writ And upon good ground it is believed that the presentment of the Fees hereafter mentioned did settle the matter between them being as is supposed procured upon the Petition of the then Filizers to his then Majesty reciting the former narrative who was thereupon pleased in a short time after to grant his Commission to inspect into all the Fees of all the Offices both in this Court and all other his Courts of Common-Law in England and Wales and to settle the same but after what manner the said difference was setled between the then Filizers and the then cheif Clerk is not known but it seems it was not so setled as to take away the right of the Filizers to enter Issues on their own Rolls as by some hath been most falsely affirmed For that they did still continue on to enter by Writ but not by Bill as may appear by Paschae 5. Issue in Ejectment verdict and Judgment entred by Fisher Filizer of Dorset-shire in Trin. 5. the aforesaid Edgar entred an Issue in London and Clerk Filizer of Norf. entred two Issues Hil. 5. Gasnold Filizer of Suf. entred a cause against two Defendants wherein the one pleaded and the other suffered Judgment Paschae 6. nil dic in Ejectment by the said Edgar and an Issue wherein John Woodward a very able Clerk of the then cheif Clerk was Attorney for the Plaintiff one very well known to some of that name now in this Court and the said Clerk was the Filizer this I mention more at large and many other I might to shew that the Filizer did not enter it as he was Attorney in the cause himself but for another Attorney but if he had I think it had argued no less a right in himself to enter than if he had entred it for another Attorney and a multitude of those former Entries I have already mentioned as well as those I am yet to set down are made for other persons Attornies for the Plaintiffs as may appear by the Records themselves In Trin. 6. divers Issues and Judgments and Scir fac sur Judic in replevin Mich. 6. Trin. 7. Mich. 7. the like wherein Merefield the then Filizer of London enters an Issue for one Creme one of the Clerks of the then cheif Clerk Plaintiff who did not certainly enter it with the Filizer to have his privilege allowed him for that he might without doubt have had if he had entred it with his own Master the cheif Clerk but questionless he did enter it with the Filizer for that he thought in his Judgment he ought so to do the said Filizer having made out all the former process and also in that Term the Filizer of Lincoln enters an Issue upon a special Plea Verdict and Judgment Hilary 7. the like by Merefield and others Paschae 8. an Issue Defalt and a Demurrer in three several causes Trin. Mich. and Hil. prox the like Paschae 9. the said Merefield enters an Issue wherein Hatton Berners was Attorney for the Plaintiff and Clerk to the cheif Clerk and another wherein the aforesaid Jumper is Attorney for the Plaintiff who
as is said before was one of those Attornies that made the presentment Trin. 9. several Filizers entred in all 22. Rolls and in them 23 Issues general and special in some of which Gilbert Eveleigh was Attorney for the Plaintiff one that was heretofore well known unto the now Secondary he being his Entring Clerk and filed his Rolls for him as I am informed Mich. 9. the like Hil. 9. several Filizers had 27 Rolls entered several Issues and Judgments by defalt and one Issue is in a Quare Impedit between Noy the Attorney General and the Bishop of Lincoln So that you see here the Filizers are not stinted to 20 Rolls as now it is usual to leave so many for them the cheif Clerk's Rolls beginning commonly at 20 but they may go farther if their number of causes do require it Paschae 10. Trin. and Mich. prox several Issues and Hil. prox 13. Issues and Judgments by defalt and in Trin. 11. and Mich. and Hilary next the like In Paschae 12. two Issues one wherein the aforesaid Merefield enters an Issue in London wherein one George Brome was Attorney for the Plaintiff who as I have been informed was soon after that Secondary of the Court and certainly he well understood what he did or else he was not fit to be in that place who was to give directions to others in Trin. 12. Mich. and Hil. prox Paschae 13. Trin. Mich. and Hilary prox the like in one of which to wit in Hil. 12. the aforesaid John Woodward was Attorney for the Plaintiff In Paschae 14. Rotulo 7. a replevin special plita Judicium sur inde pro le avowant breve de Inquir agard Rotulo 12. Williamson a Filizer enters an Appeal de mort Trin. prox six Rolls of Imparlances Mich. and Hilary prox several Issues entred by the said Merefield and one Sommers then Filizer of Middlesex and other Filizers and Imparlances and Judgments by defalt and in some of those Issues the Plaintiffs themselves were Clerks to the then cheif Clerk Paschae 15. the like Trin. 15. the like in 14 several Issues and Judgments by defalt and in one of the defalts upon which there is a Writ of Inquiry awarded and Judgment thereupon the aforesaid John Woodward was Attorney for the Plaintiff and Woodward Senior Filizer and there also one Rott a Filizer enters process in appeal de mort Mich. and Hil. prox the like as to Issues and Judgments by defalt one wherein Harman Atwood one of the Clerks to the then cheif Clerk was Attorney for the Plaintiff and as able a Clerk as any was in his time in Paschae 16. Rotulo 19. the said Merefield enters as Filizer of London an Issue in London in ejectment inter Lloyd Hide verdict and Judgment Cecill Attorney for the Plaintiff and Antrobus one of the Attorneys that made the said presentment for the Defendant who afterwards brought a Writ of Errour in Parliament and the Judgment there affirmed and the affirmetur entred also on the said Issue Roll Trin. Mich. and Hil. the like as to Issues and defalts Paschae 17. Trin. prox the like and in the last no less than 13 Issues and one defalt in Mich. prox the like in Hil. prox Rotulo 20. the said Merefield entred an Issue in t Hunt one of the Clerks to the then cheif Clerk c. Plaintiff and Brough Defendant breve erroris super inde in Parliamento Judicium affirmetur entred also The Filizers Rolls then reached there to number 24 Paschae 19. Trin. prox the like as to Issues and Judgments by nil dicit Hil. prox Issue in Essex and tryed at the Bar and Judgment entred Paschae 21. Trin. Mich. and Hil. prox the like as to Issues and defalts and in the aforesaid Trin. Term a Scire facias and Judgment upon it Paschae 22. the said Merefield Filizer entred a Judgment in case in London inter Ingram and Inning Hewson Attorney pro Quer. and Gerg pro Defendant two very able Clerks unto the then cheif Clerk and breve de errore in Parliamento super inde affirmetur entred likewise Trin. and Hil. prox several Issues Paschae 23. Rotulo 19. the said Merefield entred an Issue in London inter Finch Wallis Hoddesdon Attorney pro Quer. who was afterwards Secondary of the Court and certainly knew what he did Trin. prox and Trin. 24. the like as to Issues and defalts in the last of which Rotulo 16. Wooddeson Filizer of Yorkshire enters two Issues wherein one Henry Thompson was Attorney for the Plaintiffs and one William Livesay for the Defendants I cannot say it was the now Secondary although I never heard of any other about that time of that name but I presume it was not he because I believe he would have informed the Attorney for the Plaintiff that he ought not have entred it on the Filizer's Roll and in Mich. and Hil. 24. divers Issues and defalts And now having passed through the Reign of that glorious Martyr let us see what was done and practised in this case in the troublesome times of War Anarchy and Confusion when all things were in disorder and turned upside down It appears that in Trin. 1649. and Hil. following there were An. Dom. 1649. the like Issues and defalts entred In Paschae 1651. Rotulo 19. the same Merefield enters a defalt for one Holworthy Plaintiff who was one of the Clerks to the then cheif Clerk this was the Term in which the Law suffered so great a change as to have all the proceedings of it in English yet then it suffered no mutation as to the entring with the Filizer so in Trin. Term following Ironmonger Filizer of Bedfordshire entred two Issues wherein one Blincoe was Attorney for the Plaintiffs he was one of the Clerks of the then cheif Clerk and kept the Files of Writs in the then Kings-Bench-Office In Hil. 1651. Rotulo 19. T. Stone a Filizer inrolls an Indenture inter Whittle and Whittle and the Filizer of Essex likewise an Issue in ejectione firmae inter Wilks and Hil. Brickwood Attorney for the Plaintiff and William Livesay for the Defendant whether this was the now Secondary of the Court or not I know not Trin. 1652. the like inter Garret and Parker An. Baker Attorney for the Plaintiff a very able Clerk and one of the Clerks to the now chief Clerk and is yet living and in Hil. prox Rotulo 16. the aforesaid Wooddeson entred a Judgment in replevin with Retorn habend a Cap. in Withernam In Paschae 1655. Rotulo 18. an Issue and Rotulo 19. another Indenture inrolled In Hil. next Rotulo 12. F. Gregg Filizer of Derbyshire and at the same time one of the Clerks to the now cheif Clerk enters special pleadings in replevin non pros super inde cum retorn habend Paschae 1656. Roll 17. another Indenture Hilary 1656 Rolls 7. 8. 9. 10. 11. several Issues and a defalt Paschae 1657. and Trin. following the like Paschae 1658. Rotulo
indivisibile non est admittendum in parte verum in parte falsum as my Lord Coke hath it in his 4. Inst c. 64. But as is said before the original Presentment cannot be found whether it be burnt or mislaid or kept secret or what is become of it is hard to determine although it hath with great care and pains been sought after and if it shall not in some short time be brought to light it may be an inducive cause hereafter I hope to our most gracious Sovereign Lord the King that now is to grant another like commission when he in his abundant Princely wisedom and goodness shall think fit that so there may be a standing Rule for the future by which the Fees of this Court may be taken and thereby all extortion avoided But that all the Fees that do belong and have been usually paid to the Filizers of this Court in their several capacities are not mentioned in the said Presentment is very plain and obvious in that these following are casually omitted that is to say there is no Fee inserted for the entring of the appearance either general or special nor for the Writ of Allocat ' nor for the Scire fac ' nor for the length of any Writs or Process nor for the entring of any such Writs or Process nor for the transcribing of the special Outlaries with Inquisitions returned into the Exchequer which as Clerks of the Outlaries they ought to do as well as the Clerk of the Outlaries in the Common-Pleas nor in case there be more than four Names in a Writ except Men and their Wives then to pay double Fees as now is paid if it be so for Latitats nor for any Distring ' against a Peer against a Corporation or against a Hundred nor for any Testat ' Distring ' or Testat ' Pone nor for any Writ of Homine replegiando or Capias in Withernam thereupon or Testat ' Capias in Withernam and divers other things as Inrolling of Indentures and the continuance of Process and the like but Bernardus non vidit omnia And it is certain the Filizers have made and do make all and singular the Writs and Entries above mentioned as is before proved and therefore certainly some Fees are due to them for so doing but what the due Fees are herein I cannot set down because I know them not in particular but shall leave them to the Judgment of the Judges of this honourable Court to determine what the Filizers ought to have in such cases onely the Reader may observe if he pleases to look back into the aforesaid Presentment and there among the Filizer's Fees he will find that for entring of Issues if they were above three Sheets they are allowed there 8 d. per Sheet And likewise the said Presentment mentions a Fee for every Writ of Withernam second Deliverance and Retorn ' habend before Avowry which seems to imply as if the Filizers had nothing to doe with it after Avowry if so how comes it to pass that since the said Presentment was made they have entred Replevins Avowries and Pleas in Bar thereunto and Judgments thereupon on their Filizer's Rolls as may appear among the many Entries of Issues by Original Writ before recited for the very next Term after it was made to wit in Trin. 6 Car. 1. one Gosnold Filizer of Suffolk entred a Scire fac ' in replevin and in Hill 7 ejusdem Nil dic ' in replevin entred by the Filizer of Somersetshire in Hil. 12. one Eveleigh Filizer of Devon entred two Issues in replevin and in Pasch 14. ejusdem Rot. 7. one Wright Filizer of Sussex entred a Replevin with an Avowry and Plea in Bar and Judgment for the Avowant and a Writ of Enquiry for Damages awarded in Mich. 14. the like by Payn Filizer of Sussex in Hil. following the like by the said Payn Trin. 15. an Issue in Replevin by the said Payn in Hil. 17. Rot. 22. one Blincoe Filizer of Somersetshire entred a Replevin with an Avowry and Plea in Bar in Hil. 1652. Rot. 16. one Woodeson Filizer of Yorkshire entred a Judgment in replevin with a Retorn ' habend and a Cap. in Withernam awarded in Hil. 1655. Rot. 12. one F. Gregg Filizer of Derbyshire entred a special Plea in replevin and Non pros superinde and Retorn ' habend in Trin. 1657. Rot. 14. the aforesaid Payn entred three several Declarations in replevin and for want of Avowries several Writs of Pone are awarded in Pas 23 Car. Regis nunc Rot. 16. one Bathurst Filizer of Kent entred a Judgment in replevin a Retorn ' habend Averia elongat ' and a Cap. in Withernam awarded and many more might be here inserted but these may suffice And whereas the said Presentment prima facie may seem likewise to contradict it self which well considered upon a review of the whole matter it doth not in that there is set down some Writs of the same nature and by the same names to belong both as well to the chief Clerk or Prothonotary as also to the Filizers and among others I shall observe these as namely the Supersedeas Habeas Corpus Process in appeal Subpoena Resummons and the like now to reconcile this seeming contradiction the Reader is to take notice that these last mentioned Writs and such like other Writs also may and do belong to the chief Clerk or Prothonotary when the Action is commenced by Bill without Writ as it is elsewhere observed that upon a Scire fac ' to revive a Judgment by Bill it is always said per Billam sine Brevi nostro ac per Judicium ejusdem Cur ' recuperasset c. So when it is commenced by Writ that is to say original Writ out of Chancery then may and do the said last mentioned Writs and other such like Writs also belong unto the Filizers to instance in one particular and more plainly as to this matter in that of Appeal my Lord Coke saith in his 3 Inst Cap. 105. fol. 237. of Pardons that in an Appeal of Death Robbery Rape c. the King cannot pardon the Defendant and his reason there given is for that the Appeal is the Suit of the party to have revenge by death and whether the Defendant be attainted by Judgment c. or by Outlawry the pardon of the King shall not discharge the Defendant and the reason certainly is very strong and prevalent Now the Appellors may sue such Defendants or Appellees rather by way of Appeal either by Writ or by Bill as the said Lord Coke saith in his said Inst Cap. 50. fol. 114. of Clergy speaking of the Statute that gives it that that act extendeth not to Appeals by Writ or Bill nor to Appeals of the Approvers and the late Reverend and Learned Judge Hale in his Book of Pleas of the Crown fol. 179. Title Appeals saith that they are of two sorts by Writ and by Bill touching Appeals by Bill saith he
Measure the Secondly delay of Execution after Judgment had and obtained IT is very well known to all Practicers I presume in this Court that in all actions brought by Bill in this Court in which after the Plaintiffs have recovered and are ready to take out Execution that a Writ of Errour may be brought thereupon by the Defendant returnable in the Court of Exchequer-Chamber and very easie at all times to be purchased but in all actions brought by original Writ and Judgments thereupon had and obtained no Writ of Errour lieth thereupon but must be returnable in the high Court of Parliament and that not so easie to be purchased the charges thereof being very great the Fees being most or all of them double over and above what those are of Writs of Errour returnable in the said Court of Exchequer-Chamber and upon the affirmation of such Judgment in Parliament there is always very great costs awarded and taxed to the Defendant in the Writ of Errour who is Plaintiff in the action for delay of his Execution occasioned by such Writ of Errour besides no Writ of Errour can be obtained in such case but when there is a Parliament in being for no Writ of Errour can or ought to be returnable ad proximum Parliamentum in regard it would be so great a prejudice and delay to the Subjects Plaintiffs in such actions the times of convening of Parliaments being so uncertain and onely lying in the King's power as Supreme it being his Royal Prerogative to Call Prorogue Adjourn and Dissolve them when he pleaseth So that for the reasons aforesaid Writs of Errour are seldom brought upon such Judgments as are recovered upon actions brought by original Writ Nay yet farther also after all this when such Judgments before obtained by Bill are affirmed upon the Writ of Errour in the Exchequer-Chamber yet may a Writ of Errour per Stat. de Anno. 27. Eliz. Cap. 8. be brought returnable as aforesaid in the said high Court of Parliament to the intollerable delay and vexation of the Plaintiffs in such actions a thing which the common Law of England in its own nature abhors and detests it being Festinum Remedium and its property such as in some reasonable time suum cuique dare and therefore it is certainly the best way so to bring actions and after such a manner especially where Titles of Land are concerned or great damages likely to be recovered that so after Judgment had Execution may not long be delayed which is for the good and interest of the Subjects who are Plaintiffs in such actions That against some sort of Persons and in Thirdly some sort of Actions there is no other way to proceed in the said Court but by Original Writ BY the Law of this Land no Peer First as to Persons thereof ought by his Body to be taken or arrested by virtue of any Writ or Process in any Civil Cause whatsoeever But although he may not be arrested yet may an Original Writ of Pone in the nature of a Summons as the Case requires issue out of the High-court of Chancery to cause him to appear at the return of such Writ in this Court there to answer the Plaintiff in such Writ named to his Complaint therein mentioned and if the Sheriff to whom such Writ is directed do thereupon return that he hath taken Pledges of such Peer to appear in this Court according as by the said Writ he was commanded and he do not appear accordingly Then upon such return there may be had from the Filizer of the said County a Writ of Distring directed to the said Sheriff commanding him that he distrain such Peer by all his Lands and Chattels c. in order to cause him to appear and if he do not thereupon appear and such Sheriff return issues thereupon ad valentiam c. Then the said Filizer may make forth an Alias distring and also upon return thereof a Plur. distring ad infinitum untill such Peer do appear and it is the usual course for such Sheriff to increase or double the issues upon every return but if he return but small issues the Plaintiff if he pleases may move this Court that such Sheriff may return better Issues that is to say greater Issues all which Issues must be by the Plaintiff's Attorney brought into the Filizer's Office who made out such Distring and from thence estreated into the Court of Exchequer there to be levied upon such Peer's Lands and Chattels by way of forfeiture to the King for his not appearing as aforesaid And upon a nichil habet returned by the Sheriff upon such Distring there may go out a Testat distring into another County where such Peer hath Lands or Chattels and be proceeded upon as aforesaid But if in case that such Sheriff do return likewise a nichil habet upon such Writ of Pone before-mentioned then the Attorney for the Plaintiff may have an alias or rather a Testat Pone from the said Filizer directed unto the Sheriff of that County where such Peer liveth and hath sufficient and upon a return of Pledges taken as aforesaid the said Attorney may proceed thereupon by Distring ad infinitum in form aforesaid And besides such honourable Persons as Peers who for their honour are said to be à Latere Regis and are protected by Law from attaching or arresting by their Bodies in all Civil Causes as is before said There are other Persons that in their politick capacity cannot be arrested or attached such are all Corporations and Societies of men that act all under one Common Seal of their Corporation as the Mayor Aldermen c. of any City The Dean and Chapter of W. The Master Wardens and Fellows of a College and the like and any Company incorporated in the City of London or elsewhere And likewise all Hundreders in any County which are liable to be sued upon the Statute of Huy and Cry where Robberies are committed and Felons escape such Bodies of Men being very numerous and no single Person in his natural capacity bound to answer in any Action whatsoever but yet they may be proceeded against to be made appear and answer in the same manner and way as the Peers of this Realm may by Distring ad infinitum and after Judgment had any of their Goods and Chattels may be taken in Execution and if it be in the Case of Corporations they must by their bye Laws apportion the Levari upon the rest and thereby ease him or them whose Goods are taken and if it be in the case of Hundreders then any Person or Persons grieved may complain to two of the Justices of the Peace of the County wherein such Robbery was committed whereof one to be of the Quorum who have full power by the Statute of 27 of Eliz. cap. 13. to tax and rate the said Hundred for and towards an equal contribution of the damages recovered that so the burthen of the Execution may
with the Custos brevium if it be not in Middlesex if so then with the Lord Cheif Justice and some time before the day in Banck which is always the Essoin-day of the next Term after any Assises if the action lie in the Country or if in London or Middlesex then before the next Essoin-day after the Tryall he bringeth the Issue to the said Filizer to be entred upon his Rolls and in the aforesaid Venire facias and Distring there need not to be 15 days as in other process before Issue joyned between the Teste and return of each Writ and this appears by the Statute before mentioned made in the 13th year of his now Majestye's Reign The words of which Statute amongst other matters are these And whereas very many Suits commenced by Original Writs have been protracted and long delayed from Judgment and Execution by reason of the necessity of having fifteen days at the least between the days of the Teste and the days of Return of Writs now used in personal Actions and also in Actions of Ejectione firmoe for Lands and Tenements For remedy thereof and for the more easie expediting Trials and the better and more speedy executing of Judgments for the time to come Be it farther enacted by the Authority aforesaid That in all Actions of Debt and all other personal Actions whatsoever and also in all Actions of Ejectione firmoe for Lands or Tenements now depending or which at any time hereafter shall be depending by Original Writ in either of his Majesty's Courts aforesaid after This Court of King's-Bench being before mentioned in this Statute any Issue therein joined to be tried by a Jury and also after any Judgment had or obtained or to be had or obtained in either of the Courts aforesaid there shall not need to be fifteen days between the Teste-day and the day of Return of any Writ or Writs of Venire facias habeas Corpora Jurator or distring Jurator Writs of Fieri facias or Writs of Capias ad satisfaciend and that the want of fifteen days between the Teste-day and the day of Return of any such Writ shall not be nor shall be assigned taken or adjudged to be any matter or cause of Errour any Law Custome Statute Course or Usage to the contrary thereof in anywise notwithstanding Provided nevertheless that this A Proviso not to extend to a Capias and Exigent thereupon after Judgment or to a Capias ad satisf to make the Bail liable Act nor any thing therein contained shall not extend or be construed to extend to any Writ of Capias whereon a Writ of Exigent after Judgment is to be awarded nor to Capias ad satisfaciend against the Defendant in order to make any Bail liable but that the same continue and be as if this Act had never been made But to return to our former matter when the Attorney for the Plaintiff hath obtained a verdict and given rules and signed his Judgment he then entreth it up to the Filizer's Issueroll as aforesaid and taketh for his Fees the like Fees as by Bill But if the Defendant appear not at all but suffer himself to be returned outlawed upon the Exigent or Allocat then he bringeth the Exigent to the Filizer that made it out or else he fileth such Exigent himself with the Custos brevium of this Court and then getteth a Certificate from him that it is filed and bringeth it unto the Filizer and then he will make him out either a general or special Capias utlagat And this is all at present that may be thought necessary in this matter by way of direction Onely this let him take notice that Hilary Term is not so convenient a Term to begin to sue to the Outlawry in as other Terms are for the Defendant will not be outlawed then under four Terms although the Action be laid in London because of the short vacation that is between Easter and Trinity Term and in any other he will in three if the Original be returnable the first return of the Term. Also to observe in his Writs if he make them himself and carry them to the Filizer to be signed that as a man is always said to be utlagat outlawed So a Woman is always said to be Waviat waved that is to say derelicta left out or not regarded because Women are not by the Law obliged to be sworn in Leets to the King as Men are And now for the testes and returns of his Process he is hereby referred to a Modus return brevium placed toward the end of this Book And farther let him observe that if in an action of the Case where the cause of action is at large set out the damage be laid in the Writ of Capias to arrest to Ten pounds or above his Client ought to have good Bail but not so if the Defendant appear upon the Exigent or Allocat although it be laid 500 li. damage And if such Action be laid in London the Defendant will be sooner outlawed in respect of the Hustings there than in any County for that they are held in less time than the County Courts are holden in for there must be five Hustings returned upon the Exigents in London and five County Court days in the Counties at which the Defendant hath been called and hath not appeared Also how to appear for the Defendant either upon Arrest or upon the Exigent or upon the reversal of the Outlawry AS to the appearing upon the Arrest Appearance upon arrest if special Bail be required it must be thus The Defendants Attorney must come to the Filizer where the Action is laid and enter his special appearance that is by giving in a note to him of the Bail who they are and where they live and then the Filizer will go with him before some Judge of this Court and put in the Bail before him and then the Defendant's Attorney must give in a note of the Bail and before what Judge put in unto the Plaintiff's Attorney and if he accepts of the Bail he puts his hand to the Bail-piece that he doth so and then he fileth it with the Custos brevium of this Court and if the Plaintiff's Attorney excepteth against the Bail the Defendant must get his Bail to justify themselves before the Judge and yet if after that the Plaintiff is not satisfied with the Bail the Defendant must either put in other Bail or else justify the same upon oath in the Term-time in Court and then the Plaintiff is bound to accept them And as to the Appearance to the Exigent appearing on the Exigent there as is said before no Bail is to be given but onely the Defendant is to enter his appearance with the Filizer per Attorn suum and then taking from him a Supersedeas Quia improvide suggesting such appearance in the Writ which Writ he must deliver to the Sheriff And as to the appearing upon the reversal
Judgment of the Court but of the Coroners of the County against the Defendant for his contempt in not appearing upon the Exigent that he be outlawed there this Court hath a power to reverse that Judgment within themselves by a Writ of Errour which may be called a Writ of Errour coram nob residen and this appears by the Register of Writs folio 133. Title-errour in these words Rex c. Dilect fidelib suis F. P. Milit. Capital Justic nostro Sociis suis Justiciariis nostris ad placita in Cur. nostra coram nob tenend assign Salutem Quia in recordo processu ac etiam in promulgatione utlagariae in T. S. nuper de K. in Com. H. Yeoman in London nuper promulgat coram nobis ut dicitur retornat Error intervenit manifestus ad grave dampnum ipsius T. sicut ex querela sua accepimus Nos error si quis fuerit modo debito corrigi eidem T. plenam celerem Justitiam fieri volentes in hac parte vobis mandamus Quod si utlagaria praedicta coram nobis retornat existit tunc visis recordo processu utlagariae praed vocat coram vobis quos in hac parte fore videritis evocand ulterius pro adnullatione utlagariae praedictae fieri facias quod de jure secundum legem consuetud Regni nostri Angliae fuerit faciend T. c. But this Writ of Errour is not to be made by the Filizer although inserted here but as all others doth belong to the Cursitor to make the which together with the Return thereof and all the Process of Outlawry thereupon must be entred on the Filizer's Rolls of that County where the Action lies and Bail must also be given as in other cases of reversal And indeed were it that such Writ of Errour could not be brought returnable in this Court but in Parliament considering their intervals what great prejudice would arise thereby to such Defendants against whom all Writs and Process are duly returned and filed which the Attorney for the Plaintiff may doe if he think it fit though it is usual to forbear filing of the Proclamation thereby to let the Defendant come in if he will to reverse the Outlawry for want of a Proclamation by motion in Court as before is set forth and so may appear to the Action And this short account may suffice as to this matter it being but very seldom used to file all the Process whereby to put the Defendant to bring a Writ of Errour to reverse such Outlawry How to proceed to the Outlawry after Judgment IT hath been made a Question whether such Process could lie in this Court or not and the reason alledged hath been for that after a Recovery of a Judgment had and obtained although upon an Action brought by Original Writ such recovery is a Debt and no Action will lie for this it being grounded upon matter of Record but an Action of Debt in which Action this Court hath not used to proceed by Original Writ But in answer thereunto in this Case the Plaintiff doth not bring his Action but onely as it were pursues the having of his Execution to which end the Attorney for the Plaintiff is to take out from the Filizer a Capias ad satisfaciendum directed to the Sheriff of that County where the Action is laid and upon a non est inventus returned and filed the Filizer of that County will make out an Exigent post Capias and as is said before in the said Statute of the thirteenth year of his now Majesty's Reign which hath made a provision there for the proceedings in such Cases that there must be fifteen days between the Teste and Return of such Cap. So that if there were nothing else to prove it but the words of that Statute that were sufficient in it self But it may easily be farther proved that several Filizers of this Court have made out the same for several Attorneys It appears by the late Filizer of London's Books that in 9 Car. primi he made out one for one Barnard an Attorney and the like in the same year for one Woodward an Attorney and in the year 1651. the like for one Walpole an Attorney and in the year 1662. the like for one Marshall an Attorney all Attornies of this Court and the now Filizer of Yorkshire hath done the like and also the now Filizer of London hath done the like and that not onely upon Judgments recovered upon Actions brought by Original Writ but also upon Judgments affirmed upon Writs of Errour brought upon Judgments given in inferiour Courts in Actions of the Case and the like Actions that are usually brought in this Court by Original Writ And this Proceeding being very rare and seldom that it runs to so far a Line a few Precedents in this nature must serve the turn and may be sufficient to prove that it is at the Election of the Plaintiff if he pleaseth to proceed as well to the Outlawry after Judgment whereby the Defendant is again warned as it were to come in and pay the Plaintiff his damages recovered as to bring any action of Debt upon the said Judgment Somewhat concerning Imparlances upon Suits brought by Original Writ IT is to be presumed the course of this Court in this particular is not altered since the year of our Lord 1654. wherein in Michaelmas Term in that year this Court made several Orders and Rules and published them in Print under the hands of the then Judges to wit Henry Rolls Richard Aske and Richard Newdigate and among them these following For asmuch as some inconveniences do some times happen to the Plaintiffs by entring their Declarations in special Actions It is therefore ordered that the Plaintiff in such special actions shall have liberty to enter Imparlances the next Term following entring the same of the first Term with an Incipitur as it hath been usual and that all other Imparlances be duely entred before any Issues Demurrers or Judgments thereupon be entred That if a Defendant appear the first Term and give no rules to declare the Defendants Attorney may the second Term be compelled to accept a Declaration with an Imparlance and the Declaration may be entred as of that Term with an Imparlance over to the next Term or in the first Term with an Incipitur as before as the case shall require That if the Plaintiff declare not the second Term though the Defendant give no Rules yet a Non-suit may be entred at the end of the second Term upon a continuance over by him by dies datus but not the third Term or after Upon a mere real action an Imparlance to be of course That in Ejectment or any personal Action if the appearance be the first return of Hilary or Trinity-Term no Imparlance without consent or special rule In causes other than London or Middlesex if the appearance be before Crastin Martini or Mensem Paschae no
well known by most Practisers in this Court and shall onely say somewhat of removing Plaints out of such Inferiour Courts as County Courts or Sheriffs Courts and Court Barons or Manour Courts but more especially of County Courts and in them touching Plaints in Replevin there entred and sued without Writ out of the Chancery as it is said in Fitz. Nat. brevium fol. 170. if the Plaintiff or Defendant will remove such Plaints he ought to sue a Writ of Recordare out of the Chancery directed unto the Sheriff of that County in whose Court the Plaint is entred vide the Writ it self there at large which I here for brevity omit whereby it appeareth that the Plaintiff may remove such Plaint by such Writ of Recordare without any cause shewn in the Writ but the Defendant cannot without shewing cause for it in the Writ And the like he must doe in a Writ of Pone which removes such Plaints if such Replevin be sued by Writ out of the Chancery and both these Writs may be returnable in this Court and in the Natura brevium aforesaid you may find several Causes that may be inserted on the behalf of the Defendant and when such Cause or Plaint in Replevin is removed either by the Plaintiff or Defendant for in Replevin they are as it were both Plaintiffs in this Court the Defendant must enter his appearance with the Filizer of that County out of which the Plaint is removed and give a rule with him for the Plaintiff to declare and if the Plaintiff doth not declare by the time limitted in that rule against the Defendant or if he do declare and the Defendant avoweth or maketh Cognizance and upon the Issue tried or by defalt in the Plaintiff the Judgment be for the Defendant or Avowant then the Attorney for such Defendant may have in such case from the said Filizer a Writ of Return habend and Writ of Enquiry for damages and upon the Sheriffs return of this Writ quod averia elongat then the said Filizer will make a Capias in Withernam to take other Cattle of the Plaintiff's and if the Sheriff upon that doth return that the Plaintiff hath no Cattle that he can take in Withernam then the Filizer will make you a Capias against the Plaintiff's Body and so proceed to Outlawry And if the Plaintiff do declare that the Defendant yet hath and doth detein the Cattle c. and the Defendant appears and afterwards makes defalt the Plaintiff shall have Judgment to recover all in damages as well the value of the Cattle as his damages for taking of them and his Costs and to that end the Attorney for the Plaintiff may have a Writ of Enquiry of damages from the said Filizer the same proceedings in case it be in a Replevin for any dead Chattells c. And if a Replevin be sued by Plaint in the Court of any other Lord than in the County Court before the Sheriff as in the Court Barons or Manour Courts there it shall be also removed by a Writ of Accedas ad Cur. and the proceedings therein the same as before is said And if the Sheriff in any case return a tarde there may be an alias and pluries had and if a Replevin be within any Liberty or Franchâ—se and the Sheriff return upon the Writ of Replevin if it be by Writ that he hath commanded the Bayliff of the Franchise who hath given him no answer or that the Bayliff will make no deliverance then the Plaintiff may have a Non omittas to the Sheriff commanding him to enter into the said Liberty or Franchise and make the return and if the Sheriff doe it not then the Plaintiff may have an alias and plur non omittas and so a plur ad infinitum c. But if the Sheriff do not return the plur replevin abovementioned then the Plaintiff may have an Attachment against the Sheriff directed to the Coroners of the said County Vide the Statute de Ann. 17 Car. Secundi nunc Regis c. Cap. 7. made for a more speedy and effectual proceeding upon Distresses and Avowries for Rents in which you will find some former proceedings in Replevin much altered by that Statute Some Reasons impartially offered to shew how it hath come to pass that the Practice in this Court by Original Writ hath decreased and that by Bill increased and what hath occasioned some Entries of Issues and other proceedings to be made as well on the Chief Clerk's Rolls as on the Filizer 's Rolls THE first and greatest cause or reason as is imagined of the increase of the one and the decrease of the other hath been and now is from the setled residence of the Kings of England at their Palace of Westminster in the County of Middlesex for in that County where they have resided it hath always heretofore been used in such Actions as were not proceeded in by Original Writ to take out a Bill or Precept rather and more properly directed to the Sheriff of that County to take the Defendant to bring him before the King at a certain day after a certain Return in the Term and then that Office of the Bills of Middlesex was an Office of great profit although but small Fees belonging to it by reason of the great number of them that were then taken out and upon a non est inventus returned there went out a Testatum which hath since that time gained the name of a Latitat into any other Foreign English County and this was grounded upon a Plaint brought before the King himself at Westminster and that it was so heretofore may appear by several Files of them now remaining in the former upper Treasury belonging to this Court a Copy of such Plaint and Precept I shall here set down as followeth viz. Philippus Byrd queritur de Johanne Middles ss Bateman de eo quod ipse decimo die Junii Annis Regnorum Domini Philippi Dominae Mariae Regis Reginae nunc primo The Plaint secundo vi armis videlicet gladiis c. Clausum ipsius Philippi apud Hendon in Com. predict fregit intravit Et alia enormia ei intulit ad dampnum ipsius Philippi Centum Solidorum contra pacem dicti Domini Regis dictae Dominae Reginae nunc c. Pleg de pros Johannes Doo Richardus Roo On the back of which Bill or Plaint it is thus written Ca ' r. Jovis post 18. sancti Martini Precept est Vic. quod attach Johannem Middles ss The Precept Bateman Ita quod sit coram Domino Rege Domina Regina apud Westm die Jovis prox post 18. sancti Martini ad respondend Philippo Byrd de placito transgr Et habeas ibi tunc hoc precept per. Bill Coverd On the back of which Precept it is thus returned Def. infra nominat nichil habet in balliva nostra per quod possit attach Respons Thomae Leigh Johannis
ad certum diem jam praeterit mand Et ill ' pereor ' Sacr ' extendi appreciari fac juxta verum valor ' eorundem Et ea quae per Inquisitionem illam inveneris in mannus nostras capias salvo custod fac Ita quod de vero valore exit eorundem nobis respond Et illis sit extent apperciat quid inde fac scire fac nobis in c. ubicunque tunc fuerimus in Anglia distincte aperte sub Sigillo tuo Sigillis eor ' per quor Sacr ' extent apperciation ' ill ' fac Ac pro eo quod idem A. B. sic utlagat latit discurr in Com. tuo in nostri contempt Coronae nostrae prejudicio ut accepimus Tibi praecipimus quod praed A. B. ubicunque in balliva tua tam infra libertat quam extra inveniri contigerit capias eum salvo custod Ita quod habeas Corpus ejus coram nobis ad praefat Terminum ubicunque c. ad fac rec ' quod Cur. nostra coram nobis consideraverit in hoc parte Et habeas c. London ss C. D. per Attorn suum obtulit Intration special Processe de se quarto Die versus A. B. nuper de c. in Com. c. gen de placito quare Cap. alias plur Exigen Proclam utlagaria reversat Superinde cum c. sic recite le tout breife de Cap. usque ut dicit Et ipse non ven Ideo sicut alias praecept fuit vic quod caperent eum c. Et vic modo mand quod non est inventus c. Ideo sicut plur capiatur quod sit coram Domino Rege in Crastin Animar c. ubicunque c. Ad quem diem coram Domino Rege apud Westm ven praed C. D. per Attorn suum praed Et obtulit se quarto die versus praefat A. B. de praedicto placito Et ipse non ven Ideo sicut plur praecept fuit vic quod caperent eum c. Et vic modo mand quod non est inventus c. Ideo praecept est vic quod Exigi fac eum de Hust in Hust quousque c. utlagetur si non c. Et si c. tunc eum capiant c. Et salvo c. Ita quod habeant Corpus ejus coram Domino Rege in Octab. Pur. c. ubicunque c. ad respondend praefat C. D. de praedicto placito Praecept est etiam vic M. quod per Statut. in hujusmodi casuedit provis ' proclamar ' fac pred A. B. tribus seperalibus diebus secundum formam Statuti illius quod se reddat praefat vic London Ita quod habeant Corpus ejus coram Domino Rege ad praefat Terminum ad respondend praefat C. D. de praed placito Et Sciendum est quod breve Domini Regis inde Sexto die N. isto eodem Termino deliberat ' Le Teste de le Exigent de Recordo Deputat vic L. praed in forma juris exequend c. Ad quas quidem Octab. Pur. c. coram eodem Domino Rege apud Westm ven praed C. D. per Attorn suum praed Et vic L. videlicet S. S. T. P. retornaver ' quod ad Hust de placito terrae tent ' in Guild-hall Civit ' London die Lunae prox ' post Festum c. Anno c. praed A. B. primo exact ' fuit non comparuit Et ad Hust ' sic recite les tout retorn ' usque le quinto exact fuit non comparuit Ideo ipse idem A. B. utlagat ' est Posteaque scilicet à die Paschae c. extunc prox ' sequen ' coram eodem Domino Rege apud Westm ven praed ' A. B. in propria persona sua Et seipsum prisonae Marr ' Cur ' Domini Regis hic coram ipso Rege occasione utlagariae praed ' reddat statim dicit quod nullum breve dicti Domini Allegation quod null breif de proclam emanat fuit Regis de Proclamatione secundum formam Statut ' de Anno tricescimo primo Elizabethae nuper Reginae Angliae in hujusmodi cusu edit ' provis ' versus ipsum A. B. in placito praed emanavit per quod utlagaria praedicta versus ipsum A. in forma praedicta promulgat ' habit ' per Statut ' praed vacua nullius vigoris neque effectus in lege existit Et hoc parat ' est verificare unde pet ' Judicium quod utlagaria praedicta versus ipsum A. in forma praed promulgat ' habit ' revocetur adnulletur penitus pro nullo habeatur Ac quod ipse ad omnia quae occasione utlagariae praed amisit restituatur Et praed A. secundum formam Statuti in hujusmodi casu edit ' provis ' invenit sufficient ' Manucaptor ' videlicet B. F. de Le Bayle c. Et W. M. de c. Et modo hic ad hunc diem ven ' Manucaptor ' praed uterque eorum pro seipso cognovit seipsum debere praefat ' C. D. Quadragint ' Libras seperatim Quae quidem seperal Summae quadragint ' Librar ' concedunt uterque eorum per se concedit de eorum utriusque eorum terris Catallis fieri ad usum praed C. D. levari sub Conditione quod praed A. B. comparebit praefat ' C. D. respondebit ad novum breve Original ' per praedictum C. prosequend ' pro causa in dicto brevi mentionat ' solvet Condempnationem quae foret recuperat ' Si praed C. D. sectam suam infra duos Terminos prosecut ' fuerit c. Super quo viso praed brevi scrutatoque filo brevium de retorno praed brevis de Exigi facias pro proclamatione praedicta eidem Cur ' nunc hic manifeste constat allegationem praed A. B. superius pro exoneratione sua de utlagaria praed allegat ' fore veram Ideo considerat ' est quod utlagaria praedicta versus praefat ' Utlagaria reversat A. B. in forma praed promulgat ' habit ' reversetur quod praed A. B. de utlagaria praedicta exoneretur ea occasione non molestetur in aliquo seu gravet ' sed eat inde quiet ' c. Et quod praed A. B. ad omnia quae ipse occasione utlagariae praedict ' amisit restituatur c. I do find by the Filizers rolls that most commonly such reversals of Outlawries were entred up to the process thus awarded but sometimes when it happened that the Filizers had the Original Writs so late brought into their Offices by the Attornies that they could not award such process for that their Rolls were filed then I find that they entred up such Reversals to the Entry of the Exigent
by a Dominus Rex Mandavit c. and so recited the whole Exigent in haec verba and the return unto the Quinto exact ' and Judgment of Outlawry and then to assign the Error ' pro Defect ' Proclamation ' c. ut antea c. but certainly the best way is to enter it up to the awarding of the former Process if it may be done The form of the Bailpeice must be cut as other Bailpeices are and the Names thus inserted London ss A. B. nuper de c. traditur Le special Bayle sur reversal del utlagar semper cap. in Cur. affilat cum Custod brev ' huius Cur. in ballium super novum breve Original ' post utlagar ' reversat ' per C. D. infra duos terminos prox ' sequen ' impetrand ' ad satisfaciend ' Condempnation ' si convict ' fuerit Scilicet R. F. de Paroch ' sancti c. in Com. M. gen Et W. M. de Paroch ' sancti c. in Com. B. gen Vterque Manucaptor ' sub pena Quadragint ' Librar ' seperatim E. F. Att. pro. def ad Sect. C. D. gen London ss Cap. A. B. nuper de c. Le special Bayle Sur arrest cap. coram un ' Justic Cur. affilat cum Custod brevium praedict ad sect C. D. de placito transgr super Casum ad Dampnum ipsius C. D. Centum Librarum Manucaptor ' W. S. de c. gen Et H. I. de c. gen E. F. Att ' pro def Defend ipse in C. C. l. Vterque Man ' in C. l. Note This last special appearance or special Bail the Filizer of the County out of which the action ariseth entreth in his Appearance-Book and as is used in the Common-Pleas goeth as is said before with the Attorney for the Defendant with the Bail before a Judge and taketh his hand to his Book and when the Bail is accepted the Plaintiffs Attorney taketh away the Bailpeice from the Judge and after it is entred he fileth it with the Custos Brevium of this Court with whom all Writs and Process whatsoever grounded upon Original Writs ought to be filed the Original Writs themselves being fileable with him onely and no other as appears by a vast number of files of such Writs and Process he hath now in his Custody Vic. M. Salutem Cum tibi per breve Supersedeas Sur. reversal del utlagar pro defectu Proclamation ubi bona Catalla Def. cap. fuer per breve de special Cap. utlagat devant le reversal nostrum nuper praeceperimus quod non omitteres propter aliquam libertat ' Com. tui quin per sacrum probor ' c. ut in le special ' Cap. utlagat ' devant usque ad faciend ' recipiend ' quod Cur ' nostra coram nobis consideraverit in ea parte Et quia nobis in Cur ' nostra satis constat de Recordo quod utlagaria praedicta ob defectu proclamation ' juxta formam Statuti in hujusmodi Casu edit ' provis ' reversat existit quod idem A. B. superinde ven ' hic in Cur ' nostr ' coram nobis invenit sufficient ' Manucaptor ' ad respondend praefat ' C. D. super novum breve Original ' post utlagar ' praed reversat ' per praed C. D. infra duos Terminos prox sequen ' impetrand ' ad satisfaciend ' Condemnationem si convict ' fuerit Ideo Tibi praecipimus quod si bona Catall ' praedicti A. B. virtute brevis praed cepistis eidem A. sine dialatione redeliberari fac Praecipimus etiam tibi quod de praefat ' A. capiend ' attachiend ' imprisonand ' seu ipsum occasione illa aliqualit ' molestand ' omnino Supersedeas Et si ipsum A. ea occasione non al' ceperis tunc ipsum sine dilatione deliberar ' facias periculo incumbenti T. c. Vic. M. Salutem Cum tibi c. ut Aliter ex assensu Attorn pro Quer. Sur def imposition ballitum coram un ' Justick Cur. antea usque consideraverit in ea parte Et quia idem A. B. ex assensua Attorn ' praed C. D. in Cur ' nostra coram nobis venit invenit sufficient ' Manucaptor ' ad respondend ' praefat ' C. D. de praedicto placito ad satisfaciend ' praed C. D. omnia Dampna misa Custag ' in ea parte recuperand ' si contingat ipsum A. B. in placito praed convinci aut se prisonae Marr ' Maresc ' Cur ' nostrae coram nobis ea occasione non reddere Ideo Tibi praecipimus quod c. ut antea usque T. c. Vic. L. Salutem Praecipimus vobis Breve de Cap. ad satisfaciend quod capiat ' A. B. nuper de c. si invent ' fuerit in balliva vestra eum salvo custod ' Ita quod habeat ' Corpus ejus coram nobis in Crastino c. vbicunque tunc fuerimus in Anglia ad satisfaciend ' C. D. de Centum Libris pro dampnis suis quae sustinuit tum occasione cujusdam transgr ' super casum per praefat ' A. eidem C. nuper illat ' quem pro misis Custag ' suis per ipsum circa sectam suam in ea parte apponit ' unde convict ' est sicut nobis constat de Recordo Et habeat ' ibi hoc breve T. c. Vic. L. Salutem Praecipimus vobis Exigent super inde quod exigi faciat ' A. B. nuper de c. de Hust in Hust quousque c. ut in all' Exigent usque ubicunque tunc fuerimus in Anglia ad satisfaciend c. ut in le Capias devant usque sicut nobis constat de Recordo Et unde vosipsi Retorn del Capias devant nobis mand ' in Crastino c. ult ' praeterit ' quod praed A. B. non est inventus in balliva vestra Et habeat ibi hoc breve T. c. Vic. M. Salutem praecipimus Tibi Exigent post Cap. puis un recov pro dampn in comm Banco affirmetur in Cur. hic Sur breife de error quod Exigi facias A. B. nuper de c. de Com. in Com. quousque c ut in al' Exigent usque ubicunque tunc fuerimus in Anglia ad satisfaciend ' C. D. tum de c. quae eidem C. in Cur ' nostra de Banco adjudicat ' fuer ' pro dampnis suis quae sustinuit tum occasione cujusdam transg super casum eidem C. per praefat ' A. nuper illat ' quam pro misis custag ' suis per ipsum circa sectam suam in ea parte apponit ' unde convict ' est sicut per inspectionem Recordi processus inde quae coram nobis nuper certis de Causis venire fecimus nobis constat