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A87798 Jurisdictions or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.; Court leete et court baron. English Kitchin, John. 1651 (1651) Wing K656; Thomason E1225_1; ESTC R211060 481,896 637

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Ignorance and wilfulnesse and some Stewards to please their Lords and for feare of loosing their Fee being but Stewards at the will of their Lords and some for Letters and other causes that Justice many times hath not place there to the perillous example and overthrow of Estate and for that that henceforth hereafter Justice in these Courts may be the better administred before that I shall treat of the Courts aforesaid I think it is convenient to write to the Stewards these sentences insuing to be a Glasse to Stewards to reade their better remembrance to administer Justice and for that it thus followeth Who worketh Justice he shall be advanced Eccles 20. Blessed are they which hunger and thirst for Justice for they shall be satisfied Matth. 16. Justice advanceth a Nation and it maketh a miserable people to be pacified Prov. 19. He that justifieth a wicked man and condemneth the just man he is most abominable with God Pro. 17.15 Unless your Justice abound more then that of the Scribes and Pharisees you cannot enter into the Kingdome of Heaven Matth. 18. The soules of the Just are in the hands of God Wisedome In the streight path of Justice but the contrary way leadeth to death Prov. 12. Love God and thy neighbour as thy selfe then if you doe not Justice how doe you love him who is Justice and truth and how doe you love your neighbour as your selfe Matth. 22. Justice surely is immortall and everlasting Injustice is the wages of death love Justice you that Judge the Earth Wisedome 1. Riches doe not prevaile in the day of revenge but Justice shall free from death Prov. 2. God shall give to the Just the reward of their labours Wisedome 10. And if any love Justice his labours have great vertues sobriety and vertue then which there is nothing more profitable in this life to men Wisedome 1. Nothing truely can be honest which wanteth Justice Tully in his Offices From Justice as out of a certaine Fountaine all rights doe spring for a just man hath a will to give to every man his owne Bracton Another Cause of doing Justice It is appointed for all men once to dye and afterwards to come to Justice And as Athanasius saith At whose comming all men shall rise with their bodies and shall give a reason and account of their owne workes and they that have done good shall goe into life everlasting but they that have done evill into everlasting fire What men have done this present time of life Shall reap the Harvest when Goe and Come is rise Rev. 14. Blessed are the dead which dye in the Lord for their workes follow them Corinth 1. Chap. 3. Every one shall receive his reward according to his worke 2 Corinth 4. Who soweth in blessednesse shall reape in blessednesse if Christ had not been borne of the Virgin Mary and dyed for us no man could have come to eternall life therefore beleeve and doe Justice and then shall yee have the aforesaid thing promised And note That though Christ hath redeemed us yet if we doe evill it is written We shall goe into everlasting fire and for that obey and feare to breake the Commandements of God and then in doing of Justice you doe the Commandement of God for which you shall have the thing promised that is to say Eternall life for not all which say unto me Lord Lord shall enter into the Kingdome of Heaven but those that doe the will of the Father saith Saint John Therefore if you will have eternall life doe Justice and also remember that death doth not delay no man knoweth his day and therefore prepare your life and doe Justice because no man knoweth his end and as Fishes are taken with a hook and Birds taken with a Snare so the body of a man in the day of evill The third Cause of doing Justice is to have a good Report Have a care of a good name It is better to have a good name then much Riches Cursed is the man that neglecteth his good Name It is better to have a good Name then precious Oyntments and to conclude he saith What profiteth If you shall gaine the whole World if you shall loose your owne soule First the Steward shall make a Precept to warne the Court by reasonable warning as by six or more dayes as followeth and it is the better if it be by fifteene dayes according to the common dayes in the Bench. The Precept J. K. Steward to the Bayliffe thereof health Prebenda de Islington I command likewise and appoint that diligently you give to understand the view of Frankpledge of the Court there to be held against the Thursday that is to say the sixteenth day of October next comming after the date of these presents and have there this command And as c. Dated under my Scale the first day of this moneth of October the yeare of the Reigne of Queen Elizabeth by the grace of God of England France and Ireland Defender of the Faith c. 21. Then enter your beginning of your Court-Rollin manner following The view of Frankpledge with the Court J. F. Prebenda de Islington Order de tenor Leet Clerk there held the Thursday Viz. The sixteenth of October the yeare of the Reigne of our Lady Elizabeth Queene by the grace of God of England France and Ireland Defender of the Faith c. the 21. held by J. K. the Steward there It is good to make this entry that is to say Held by J. K. Steward there If there be any Copiholders there for that the Name of the Steward is in the Copy to the admittance then after this entry the Steward shall cause the Bayliffe to make Oyes three times if it be a Leet for this is the Kings Court though the other hath that by Grant or by Prescription In the yeare 21. Edw. 4. fol. 37. is that where either adjournment of the Terme or other matter for the King B. Proclamation 6. is There at the beginning there shall be three Proclamations made and in all other matters which are not for the King but one Proclamation and for that at the beginning in the Court-Baron shall be but one Proclamation and in Court Leet for that it is the Kings Court shall be three Proclamations Scilicet O yes three times shall be made Note that none may make Proclamation but by authority of the King or Maiors and such like where they have used it by Custome 22. H. 6. fol. 19. Then forthwith after the three Proclamations made the Steward shall make the Bailiffe to say All manner of Persons which are resident or Deciners and doe owe Suit royall to this Leet come in and make your Suit and answer to your names every one upon paine and perill which shall ensue And after that all are called and all which are absent are marked to be amerced then the Steward shall cause againe if it be in a Leete to be made three
by a small writ of our Lady the Queens of Right between R.T. the Plaintiffe and T.B. the Tenant of a Messuage c. Milt The Hundred of E.B. Esquire held there by W.B. his Steward there before J.T. and R.C. c. Suitors of the Court of the hundred aforesaid the tenth day of M. the year c. amongst others it is so contained Complaint J.S. Gent. complains against R. G in a Plea of uniust taking and detaining his beasts or Chattells Pledges to prosecute and to have Return of the beasts if c. A.B.C.D. The names of foure lawfull men of the hundred of those which were present at the Record A.B. C.D. E.F. G.H. By vertue of this Writ to me directed in the form within written Of a Record to be delivered in Court I came to the Court within written and in full Court there I made to be recorded the complaint within written and the same Record as it appeares in the scedule to this annexed I have before the Justices within written at the day and place within contained under my Seale and the Seales of I.B. c. twenty foure good and lawfull men of my Bayliwick of those which were present at the Record and parties c. as before By vertue of this Writ to me directed Otherwise if the Record be not delivered in my proper person taken with me J.S. c. Good and lawfull Knights of my County I came to the Court of J. D. Esq to record the complaint within written at the day and place within contained as within I am commanded upon which the Suitors of the Court aforesaid at the Town of C. in full Court to me the Sherif within written to execute the said Writ there or to meddle at all with the said complaint they altogether denyed by reason whereof I could not make execution of the said Writ By vertue of this Writ False judgment taking with me P.M. c. foure lawfull Knights of my County in my proper person I came to the Court E. held at N. such a day and yeare and in parts of the said Court of A. B c. Suitors of the same Court and R.H. Steward there I desired the Record of the complaint which is in the said Court by a small VVrit of the Queens of Right between I.P. plaintif and N.S. Tenant to be made and delivered unto me which truly Steward and Suitors there would not deliver unto me By reason whereof I could make no execution of the said VVrit Process in common Bench. Pledges to prosecute J.S.R.M. Originall in debt Summonitors within written J.S. P.M. R.S. J.D. Knight Sheriff Pledges to prosecute J.D. R.R. The within named A.B. hath nothing in my Bailiwick by which he may be summoned By vertue of this Writ to me directed Clark I do certifie the Justices within written that T. H. within named is a Clark beneficed in the Bishoprick of London having no lay fee in my Bayliwick by which he may be summoned Note that the Defendant alwaies ought to be summoned fifteen daies before the day of the return of the VVrit Pledges to prosecute J.R.R.D. J.E. Originall in Trespasse Attachment within named hath nothing in my Bayliwick by which he may be attached Pledges within named J.D. J.W. R.R. J.D. within named is attached by one price ten pence or by a Cow price ten shillings J.F. which was the wife of D.C. Attachment upon appeal Eiectment of a Farme within named hath not found me suerties to prosecute Therefore to the executing of this Writ nothing is by me done The within named A.B. is attached by a hundred sheep price 20. l. The within named C.D. and E.F. have nothing in my Bailiwick by which they may be attached The within named J.S. Capias in Debt is not to be found in my Bailiwick The within named J.S. and J.H. nor either of them is to be found in my Bayliwick I.S. Otherwise and the rest of the Defendants within named are not to be found in my Bayliwick In this Writ may be returned diverse returns and in diverse manners that is if the Sherif wil not serve the writ or if he will not execute the Writ then so A.S. within written is not to be found in my Bailiwick Otherwise after the Receit of this writ or after the comming of this Writ but if he be present then so By vertue of this Writ I have taken J.W. within written whose body before the Justices within written at the day and place within contained I have ready as the writ commands and requires c. The within written J.W. is taken by his body Otherwise whose Body at the day c. I have ready as within I am commanded according to the Exigent of this writ By vertue of this writ to me directed Otherwise I have taken the Body of the within named J.S. whose truly Body before the Justices within at the day and place therein contained I have ready as within I am commanded or as this writ in it doth command and require The within written J.S. Otherwise Otherwise Bailiffe of the Liberty is taken by his Body whose body at the day and place therin contained I have ready as c. R.S. within named is not to be found in my Bayliwick and that to take R.S. within named I commanded I. F Bailif of the Liberty of S. that hath the full return of al Writs and Executions thereof to whom the Executing of this Writ altogether belongeth to be done in which liberty no execution of this Writ there by me can be made which truly Bailif so answereth me That he hath taken the Body of the aforesaid R.S. Whose Body aforesaid before the Justices of our Lady the Queen within written at the day and place therein contained he shall have ready or so which truly Bailiff hath given me no answer J.D. Liberty within named was in the Liberty of J.E. Esquire and continually dwelt there Therefore I cannot take him Before the comming of this Writ to me directed J.S. Sanctuary within named entred the Sanctuary of Saint Peters in Westminster in the County of Middlesex and in the same County yet continues by which the Body of the aforesaid J. S. before the Justices within written at the day and place within specified I cannot have as c. By vertue Otherwise c. I have taken the Body of A.B. within named and him to the Gaole of our Lady Queen at her Castle of D. have committed there to be safely kept c. Who after by reason of another Writ of our said Lady Queen to me directed and to this Writ annexed I made to be delivered from that Prison Afterward Otherwise that is to say such a day and yeare by reason of a certain other Writ of our said Lady the Queenes to me directed which transcript I send you annexed to this Writ And therefore the
of this VVrit of Corpus cum causa to be brought in c. If it were necessary the cause of keeping and detaining A. of B. within written here follows A. of B. is taken for suspition of Theivery Felony and because he cannot finde sufficient Sureties to expect the Law of our Lady the Queen he was committed to our Lady the Queens Prison of R. and for the cause aforesaid detained notwithstanding the Body of the said A. before c. W. D. within written was taken before the coming of this Writ in such a place Account and in a Prison of our Lady the Queens there under my Custody was detained by reason of which Complaint in the Queens Court there before me the said Sheriff upon him by the name of W. c. at the Suit of such a one in a plea of Account affirmed whereof in the same Court before me the said Sheriff the parties aforesaid pleaded and put themselves upon the Jury of the Country in the same Court and afterwards the said W. of D. by sufficient Sureties to answer the aforesaid such a one of his Plea aforesaid he was set at Liberty from the Prison aforesaid and because the said W. after the said Bailment came not to Judgement in Custody his Body at the day and place aforesaid I cannot have The within named J. C. Treason was called at W. before such a Justice by W. his Probator such a day and year for divers Treasons by him committed and for that cause was taken at C. and committed to the Prison of our Lady the Queen of N. notwithstanding his Body c. at the day and place within contained I have ready as is within commanded me c. A. Outlary the Daughter of A. of B. by the name of A. of B. before the coming of this VVrit was outlawed of Felony before P.S. R.T. and their Fellows Justices of the Queens of the Peace in such a Liberty or in the County to be kept and after by the command of the said Justices to me late directed the same A. was taken at D. and for the cause aforesaid was committed to the Queens Prison of W. notwithstanding c. By vertue of this VVrit Supplicavit I certifie you that A.W. within written was taken by vertue of a certain other VVrit of our Lady the Queens called a Supplicavit at the Suit of D. P. long before the coming of this VVrit and committed to the Prison of our Lady the queen of B. because he could not finde sufficient Sureties to keep the Peace toward the said D. and for this cause and no other is kept in the said Prison notwithstanding c. Otherwise it may be said A Rule that he was condemned in such a Court of his own Confession or by his taxing thereof by the counsel of the Court Before the coming of this Writ by vertue of a certain other Writ called a Capias utlagatum A Capias utlagatum to me directed whose Transcript I send you annexed I took C. D. within named and committed him to our Lady the Queens Prison of C. and there in the same Prison he is kept for the cause aforesaid notwithstanding his Body c. Before the coming of this Writ Account A. H. S. Auditors of the Accounts of W. of B. to me by Indenture delivered to keep the Body of R. S. within written safely and securely till he should satisfie W. B. of two hundred pounds behinde upon the end of the Account of R.S. found before the said Auditors c. and this is the cause of the taking and detaining the said R. S. notwithstanding the Body c. Many wayes one may be said to be taken and detained for ten pounds against him recovered in such a Court Debt or is taken by the command of our Lady the Queen or upon a Recognizance acknowledged in the Chancery and Appeal for the Death of a man or of Robbery c. The within named R. V. was taken at D. Rescous tenth Day of May the year within written by T.B. the Bailiff of our Lady the Queen and mine by vertue of a certain Warrant by the pretext of this VVrit by me made and to him directed and upon this the aforesaid R.V. with others unknown by force and armes that is staves c. made an Assault upon the said Bailiff and took him out of the Custody of the said Bailiff and never after the said R. V. in my Bailiwick I could finde The execution of this VVrit doth appear in a certain Schedule to this VVrit annexed Otherwise Schedule By vertue of our Lady the Queen 's VVrit to me directed and to this Schedule annexed I have made a certain VVarrant of mine to one J.M. my travelling Bailiff to take and arrest E.G. in the said VVrit nominated according to the exigent of the said VVrit which said Bailiff of mine by vertue of my VVarrant aforesaid the 9. day of J. the year of the Reign of our Lady Elizabeth Queen within written the twentieth at D. in the County aforesaid took and arrested the Body of the said E.G. and then and there the said E. G. was in his Custody upon which F. G. of D. aforesaid in the County aforesaid Gentleman and T. M. of the said Town and County Gentleman then and there by force and armes c. made an Assault upon my aforesaid Bailiff and my said Bailiff then and there against the Law and Custome of the Realm of the said Lady Queen of England and against the will of the said Bailiff of mine imprisoned him and the same Bailiff of mine in Prison there by the space of an hour then detained and twenty pence in told Money of the Goods Chattels and Moneys of my said Bailiffs then and there the aforesaid T. M. took and the aforesaid E. by force and armes aforesaid then and there out of the Custody of my said Bailiff took and rescued and also the same E. her self then and there out of the Custody of my said Bailiff rescued against the will of my said Bailiff and against the Peace of our Lady the Queen now c. and after the said E. is not found in my Bailiwick By vertue of this Writ to me directed Otherwise I have made a certain Warrant to one R. P. my Bailiff this torn riding to take and arrest the within named T. L. according to the exigent of this Writ which truly R. P. by vertue of the Warrant aforesaid after that is to say second Day of May the year of the Reign of our Lady the Queen within written twentieth at B. in the County aforesaid took the Body of the within named T. L. of B. aforesaid in the aforesaid County of F. which truly T. the Day Year and Place aforesaid by force and armes made an Assault upon R. P. my aforesaid Bailiff and bear him wounded him and abused him so that they dispared of his life
named to the value of one house c. as in the VVrit is contained such a day and year according to the form of this writ or as it is within commandêd me or as the writ in that commands and requires or Otherwise The third part of the Houses Gardens and rest of the Premises as within I am commanded The execution of this writ doth appeare in a certain scedule to this writ annexed By vertue c. and to this scedule annexed Scedule such a day and year I have made E. B. widdow to have nominated in the said writ full seisin of the third part of the Mannor of B. with the appurtenances in the same writ specified that is to say c. and reherse the particulers as in the writ to hold to the said J. B. in severalty by Metes and Bounds in the name of the whole Dowry of the said J. to the said J. belonging of all the Mannor in the aforesaid writ specified as by the said writ I am commanded By vertue c Reseisin such a day and year I caused the Messuages or Tenements within written to be reseised and G.C. within nominated into full possession of the said houses or Tenements with the apurtenances I caused to be put according to the force form and effect of the Statute before specified as within I am commanded By vertue Summons of a Knight c. I have caused to be summoned A. B. Knight one of the Knights of my County girt with a Sword by B T. and C.B. that he should be before the Justices within named at the day and place within named as this Writ in that commandeth and requireth Manucaptors of the within named A.B. B.T. and C. B. J.D. R.R. Issues of every one of them twenty shillings By vertue c. Scire facias upon appearance Scire feci the within named A. B. and C. D. that they should be before the Justices of our Lady the Queen within written at the Day and place therein contained to answer R.H. within named by J.H. and R.S. good and lawfull men of my bailiwick By vertue To heare a Record c. Scire feci T.A. E. his wife within written by J.J. and R.T. that they be before our Lady the Queen at the day within written whersoever c. to hear the record and process whereof this writ maketh mention and further to do and receive all and singuler as this writ commands Nihil A.B. within named have no Lands or Tenements Goods or Chattells in my bailiwick that I can make him know as that writ c. Neither is he found in the same By vertue c. Scire feci W.B. Administrator of the Goods and Chattells which were T. P. within named by W. G. and G. K. good and lawfull men of my bailiwick Against Executor or Administrator to be before our Lady the Queen or the Justices at the day within named neither were there any more Administrators of Goods and Chattells which were of the said T.P. in my Bailiwick to whom or to which for present I could Scire facere By vertue c. Scire feci T.V. within named that he should be before the Justices within written at the day and place within contained Upon trespas utlagat the Chancery by J.S. and R.G. to do that which this writ in that commandeth and requireth By vertue c. Scire feci W.C. Knight within named that he be before our Lady the Queen in her Chancery at the day therein contained wheresoever he be in England to shew and propound as that writ in that requires by J. M. and W. D good and lawfull men of my bailiwick according to the form of this writ By vertue c. Scire feci J. C. within named Before the Queen that he should be before our Lady the Queen the 13. Day of N. to shew and further to do and receive and as that Writ in that commands and requires by A.B. and C.D. good and lawfull men of my Bailiwick according c. By vertue c. Scire feci J.C. within named Before the Justices of the Bench. that he should be before the Justices within written at the day and place within contained to shew if he have any thing for himself or knowes to speak why the within named W.H. and R.E. Execution for the Debt and Damage as within mention is made against the said J. C. should not have as this Writ in it commandeth and requireth by J.W. and R.C. good and lawfull men c. By vertue c. such a Day and year c. By what right I took into the hands of our Lady the Queen the Tenements within written with the Appurtenances and further the same Day and year Scire feci as well A.B. cheif Lord of the immediate Fee of the Tenement within written with the Appurtenances as the within written H.D. by good and law full men of my bailiwick that they should be before the Justices within written at the Day and place therein contained to hear the recognition within written as within it is commanded me and further I certifie the same Iustices that there is not any other cheif Lord of the Fee aforesaid mediately or immediately between the Queen and thewithin written A.B. to whom Scire facere potui By vertue of this Writ to me directed Fieri facias I have taken in Execution the within named ten pounds of the Land and Chattels of the aforesaid R.W. which truly ten pounds before the Justices within written at the Place and Day within contained I have ready as this Writ ●n that commands and requires c. Execut. upon Devastavit By vertue c. Fieri feci a hundred shillings of the Goods and Chattels of the within named W.H. which truly hundred shillings before the Justices within written at the Day and place there in contained I have ready as c. and further I certifie the same Justices that the Executors within written have utterly wasted the Goods and Chattels of the within named W. H. the Testator so that the said summ of ten Marks within written nor any parcell thereof for present can I levy by Fieri facias The within named R. B. hath no Goods Nothing or Chartels Lands or Tenements in my Bailiwick so that I can levy the Money within specified by Fieri facias as within I am commanded neither is the said R. to be found nor is there any such person in my Bailiwick A. M. within written Otherwise hath no Goods or Chattels within my Baliwick of which I can make Execution of that Writ as c. neither is he found in the same nor hath any Lands or Tenements at the fourth Day of January nor ever after as it appears in a certain Schedule annexed to this Writ By vertue Where Good remain unsold c. I have taken the Goods and Chattels of the within
in the Bailiwick to A.B.C.D.E.F. and H.P. which undertook and each of them undertook by himself for the aforesaid A. B. upon the pain of ten pounds that he should do no dammage or ill to H. P. in the said Writ of Supplicavit specified within the space of such a day next coming nor by any Means should procure it which 10. l. the Manucaptors aforesaid granted and each of them for himself granted of their Lands and Tenements and of each of them to the use of our said Lady the Queen should be levyed if any dammage or ill came to the said A.B. or by his procurement in the mean time any should come by any means c. and this is the Surety of the Peace which the aforesaid A.B. before me hath found Under which truly Bail Or so the aforesaid C. was suffered to go at large out of the Prison aforesaid and afterwards returned not to my custody therefore the body of the said C. before our Lady the Queen at the day and place within contained I cannot have I. c. certifie our Lady the Queen in her Chancery Or so that R.P. within named hath found to me no security of the Peace of which within there is mention but remains in prison of our Lady the Queens under my custody at present For certain Or so truly complains of the threats the aforesaid J. B. before the coming of this Writ was delivered in Bail to A.B.C.D.E.F. and G.H. which undertook and each of them did undertake upon the pain of twenty pounds for the aforesaid J. B that he should do no dammage or any ill to the aforesaid H.P. and T. D. or either of them untill the Day after the Feast of Saints next coming nor should procure to be done which truly twenty pounds the aforesaid Manucaptors granted and each of them to be levied to the use of our Lady the Queen if any Dammage or ill to the said R. P. and T. D. or either of them by the aforesaid J.B. or by his procurement to any of them should come in the mean time under which baile truly c. at large c. Before the coming of this VVrit Ne exeat Regnum and before any execution thereof A.B. C. D.E.F. c Came before J.D. Sherif of W. and undertook before me the aforesaid Sheriff for L. M. that is to say Every one of the Manucaptors aforesaid under the pain of ten pounds that the said L. before the day after All Soules next coming should not convey himself to any parts beyond Seas to prosecute or attempt any thing there to the prejudice of the said Lady the Queen or any of the People of the said Queen or the losse of our State of England should prevaile nor from hence to send any body for that cause which truly summ of ten pounds the said Manucaptors granted and each of them for himself granted of their Lands and Chattells to the use of the said Lady Queen to be levied if the said L. any thing against the form of this Mauncaption aforesaid shall do or cause to be done or by any means attempt And here is the Tenor of the security whereof within there is mention made which to the said Lady Queen into her Chancery c. at the day and place c. I send By vertue of this VVrit to me directed Proclamation out of the Chancery I have made a publick Proclamation within my bailiwick that the within named H.B. upon the pain of his allegiance before our Lady the Queen in her Chancery aforesaid at the day within written shall appear as within I am commanded and likewise I certifie the said Lady Queen that the within named H.B. is not to be found in my Bailiwick By vertue of this VVrit Premunire such a day and year by J.S.T. W.R.T. and E.F. good and lawfull men of my bailiwick Premunire feci W.R. Clarke within nominated that he should be before our Lady the Queen at the day within contained whersoever c. to do and to receive as that Writ in it commandeth and requireth and J. B. and the rest of the Defendants within named have nothing within my bailiwick by which I can Premunire facere for present neither are they to be found in the same I certifie our Lady the Queen that the within named I. H. before the coming of this Writ to me directed was dead Of choosing a Verdecer in the Forrest And that I after the receit of this Writ to me directed in my full County Court held at Wilton in my County the 29th day of May the year within written by assent of the said County in the place aforesaid I made to be elected one N.S. Esq a Verdecer of the Forrest of B. within written to do as the said Writ in that commandeth and requireth At my County Court held such a day and year Election of a Coroner in the full County aforesaid by vertue of this Writ and by the consent of the said County in the place of P.H. within named which died I chose a Coroner that is to say I.W. who as the manner is took his corporall Oath that he should do those things and observe what to the Office of a Coroner in the County aforesaid appertained to be done as within c. By vertue of this VVrit I summon Arch-Bishops Justices of Forrest Summon Bishops Abbots Earls Barons and all other free Tenants which have Lands and Tenements within the bounds of the Forrest of the said our Lady the Queen within written in my County and four men and the cheif of every town within the bounds of this Forrest and also twelve good and lawfull men of every town within the bounds of the said Forrest dwelling which ought to come and were wont that they be before our Instices within written at the day and place within contained as within I am commanded Publickly also I have made to be proclaimed through all my Bailiwick as well in Burroughs as in other Townes and in Faires Markets and other publick places that all those which by Charters of our Lady the Queen now or of her Predecessors or her Progenitors or any way any liberties or Franchises claim to hold and by what warrant that they be before our said Justices at the day and place aforesaid I also made to be proclaimed that all attached for Vert or Venison or hunting in the Forrest aforesaid after the last Plea of the Forrest aforesaid held and their Pledges and Manucaptors aforesaid to be and before the aforesaid Justices to stand to their right and to do those things which according to the Law of the Forrest they ought to do The residue of the Execution of this Writ doth appear in certain Pannells to this Writ annexed By vertue Capias ut legatum c. I have taken the body of H.S. within named whose body before the Iustices within written I have ready at the day
and place therein contained as within I am commanded the residue truly of this execution of this Writ doth appear in a certain Inquisition to this annxed Before the comming of this Writ Other wise between 2 Sheriffs J.M. Esq late Sheriff of the County of W. the within named T.D. took and in the Prison of our Lady the Queens Prison with him detained by vertue of a certain Writ of our Lady the queens to the late Sheriff directed which said T.D. late Sheriff together with the Writ to him directed to me J. D. Knight now Sheriff of the County aforesaid in the end of his Office hath delivered whose truly body and the Writ to the said late Sheriff directed J. the aforesaid now Sheriff before the Iustices within written at the day and place aforesaid have ready to do and receive what the said Writ in that commands and requires This Writ as it is above indorced Testificate returned of the late Sheriff together with the inquisition to this Writ annexed twentieth day of June in the year of the Reigne of our Lady the Queen within written ninth was delivered to me J.D. Knight Sheriff of W. within written by J. E. Esq late Sheriff of the County aforesaid my Predecessor in the going out of his Office This last return ought to be written in Romane Letters By vertue Certiorare c. All and singular indictments R.B. within named before our Lady the Queen wheresoever she were in England at the day within contained I send in a certain Scedule to this Writ annexed We A.B. and C.D. Coroners of our Lady the Queen of the County within written Otherwise by the Coroners Do certifie the Iustices within written at the day and place within contained that we have searched the Rolles and other our remembrances and also all and singular writings of all and singular Courts held in our pesence as well at the Suit of our Lady the Queen as at the Suit of G.H. or any other pubished and we can finde nothing thereof nor can certifie any such Record before the Iustices according to the form of this Writ By vertue c. I certifie the Iustices within written that such a day and year I took into the Queens bands 3. Cessation by two weeks Houses c. within written by the view of A.B.C.D.E.F. and. G.H. good and lawfull men of my bailiwick as within I am commanded By vertue c. Dedimus potestt atem I certifie our Lady the Queen into her Chancery that A.B. within named before us hath taken his Corporall Oath that the Letters Patents whereof within there is mention made came to the hands of the within named C.D. his Testator But by his Oath he saith that nothing of the Articles and other circumstances in the same Letters Patents specified before him was found The Answer of H.L. and J.D. Commissioners By vertue of this Commission to us directed The return of Commissions we have taken the Answer of T. D. within named upon the holy Evangelist that all things in the said Answer are true which Answer so taken is to this Commission annexed together with the Bill together in the same directed and all other things which in the said Commission are contained or belong to it we have made to be done according to the effect and tenor of the same as within we are commanded Returne for the Chancery or the Master of the Rolls By vertue c. there was a Search made amongst the Records of the Chancery of our Lady the Queen within written and in them or any of them I finde as yet no Record for the Queens title by which it can appear of any Lands or Tenements with the appurtenances in S. in C. which were of late the within named J. S. which ever came to the hands of our said Lady the Queen as in this Writ is supposed I certifie the Justices aforesaid Decies tantum that the within named S.A. at the day and place therein contained before you I have ready to do and receive what the Court of our Lady the Queen within written shall consider of that according to the form of this Writ I J.D. Suerty o● the Pe● assigned one of the Justices of our Lady the Queen in the County of D. of the Peace to be kept Send before our Lady the Queen in her Chancery the Tenor of the security of the Peace of which in the said VVrit there is mention under my Seal as the said VVrit in that commandeth and requireth c. VVhich truly security is annexed to this VVrit Security of the Peace as it is taken The answer of T.F. Mayor of the City of D. and one of the Justices of our Lady the Queen assigned in the same City to preserve the Peace By vertue Certificate scedule c. All and singular the Recognizances which A.D. and the rest within named before the justices within written late made with all things touching them before our Lady the Queen at the day and place therein contained I send under my Seal to these presents annexed as within c. T.F. Mayor of the City aforesaid Process out of the Exchequer The within named Lady J.S. hath nothing in Mannors Nihil Lands and Tenements within written but with J.S. Esq whom shee took to Husband By vertue of this VVrit to me directed I have taken the body of the within named J.S. whose body Ce●i Corpus before the Barons within written I have ready as within I am commanded By vertue of this writ to me directed I certifie the Barons within written I have taken as well the body as the Lands Distresse that I have taken the body of the within named J.R. whose body before the said Barons I have ready at the day within contained And also twentieth day of January the eighth year within written I took into the hands our said Lady the queen by name of Distresse certaine Lands and Tenements of the within named J.R. lying and being in B. of the yearly value of a hundred shillings as the said Writ in it commanded and required The within named J.E. is not to be found in my bailiwick I have taken as well body as goods nor hath any Goods or Chattells in my Bailiwick But by vertue of this VVrit to me directed I certifie the Barons within written that the fifteenth day of June in the twentieth year of the Queen within written I took into the hands of the said Lady the Q. in name of Distress seven Houses or Tenements with their appurtenances in M. which are of the cleer yearly value of fifty shillings and one cheif House or Farm with the Appurtenances in W. of the yearly value of five Markes The within named A B. is not to be found in my bailiwick 〈…〉 and further I certifie the Barons within written that by vertue of this VVrit to me directed Such a day and year within
or to burne Stackes of Corne or such like Riots and Proclamation be made by the Sheriffe or Justice of Peace and notwithstanding they remaine together by the space of an houre after the Proclamation made every such attempt is Felony every Coppy-Holder being a Yeoman Husbandman or Labourer being of the age of eighteen years or under forty not sick nor having reasonable excuse and being required by the Justice Sheriff or his Immedidiate Lord to serve to apprehend the persons aforesaid and refuse he shall forfeit his Estate during his Life and his Lord may enter The Farmor being a Yeoman and refusing is in the same case to his Landlord Also it is Felony if a Man Woman or Servant or other person without compulsion bring send or deliver any Money harness Artillery Weapons or Victualls to any persons assembled in such manner and not depart to their Houses upon Command or Proclamation made as is aforesaid and if any number besides the number of those which are assembled and upon Proclamation made do not depart Justice of Peace or cheife Officers of the City or Burrough corporate may raise power to suppresse them And if any Officer kill any of those rebellious persons or maim them they shall be free Also if any person knowing such pretended rebellion and do not reveale the same within twenty houres after such knowledge had of it he shall be imprisoned by the space of three Moneths without Baile or Mainprise unless he be otherwise discharged by the Justice of the Peace Also if any refuse being able to suppress such Offendors he shall suffer Imprisonment for a year without Baile or Mainprise Also if any hinder or let that Proclamation cannot be made this is Felony Note that this Statute ought to be read or openly declared in every Leet 10. H. 7. fol. 12. If one come and enter into Land with more then is accustomed to have attending upon him that shall be said with force 21. H. 7. fol. 39. One may make an assembly of People in his House to aid him for that it is his Castle but not to go to Market although he be threatned 17. Edw. 4. fol. 4. Where there is an assembly in manner of War and no Act done it is no assault by Pigot if they draw no Weapon c. Quere Riot is not unless three at least which do an unlawfull act An unlawfull assembly is if the People assemble themselves together for an ill purpose though they do nothing Rout is where there assemble a number and after march or ride or go apart or move to ill in their own quarrells though there be no act done title five in Marrows reading as to throw down inclosures in their quarrell this is a Rout. 14. H. 7. fol. 28. If a Disseisor have a possession by three yeares and holdeth with force Action upon the Statute of 8. H. 6. doth not lie against him but he may be indicted upon that Statute for this is for the King 7. Ed. 4. fol. 18. Indictment of forcible entry upon the Statute of the eighth yeare of H. 6. was removed into the Kings Bench and the Justices there might well award Restitution as the Justices of Peace might have before them 4. H. 7.19 32. H. 6. fol. 2. Saith in forcible entry where the Defendant pleads Title that they ought to traverse without that he entred with force see 1. H. 7. fol. 19. 7. H. 6. fol. 14. Presentment of the forcible entry the Defendant pleads to the force and armes not guily and it is not good but he ought to plead over to the Desseisin but in Trespass not guilty is good 15. H. 7. fol. 17. Where the Plaintiff maketh title and traverseth the Bar and the title is found for the Plaintiff they shall not inquire of the force for it is implied and so if the Bar be not found 1. H. 7. f. 19. If the Title be found they need not nor ought not to inquire of the force and for that that the Plaintiff alledgeth that J. S. the Defendant entred with ten persons and doth not name their names it is uncertaine and not good 2. H. 7. fol. 16. It is said that if one disseiseth another to the use of two that they two are Disseisors by their agreement afterwards not with force and if it be found against the Disseisor he shall be attaint of force 6. H. 7. fol. 12. Forcible entry upon points of the Statute the Defendant pleads not guilty and found by Verdict that he entred peaceably and not with force and for the Statute is in disjunctive the plaintiff shall recover 3. Ed. 4. fol. 20.10 Ed. 4. fol. 13. 10 H. 7. fol. 14. It seemeth a Tenant for yeares shall not have an Action upon the Statute of 8. H. 6. For it is in the realty and one cannot be Impannelled for that he cannot expend forty shillings by the year 3. Ed. 4. fol. the last 8. Ed. 4. fol. 9. 11. H. 7. fol. 15. Feoffment with warranty and rely upon warranty it is good upon the Statute of 8. H. 6. for it is in the realty but not upon the Statute 1. H. 7. fol. 12.9 H. 6. fol. 19. Queen and assurance of her Power IN the yeare 5. Eliz. chap. 1. If any extoll or set forth the authority of the Bishop of Rome against the form of this Statute he runs into a Premunire And this Statute is to be read and declared in the Leer Tracing of Hares 18. H. 8. chap. 11. NOne may Trace destroy or kill Laveret in the snow with Dog Bitch or otherwise and who doth so shall forfeit six shillings eight pence Wines 7. Edw. 6. chap. 5. NO person may utter by retaile by small measure any Gascoigne Wines or French Wine but after the Rate of eight pence the gallon at the most nor any Rochell Wine but after the Rate of four pence the gallon nor any other Wine at a higher price then twelve pence the gallon at the most upon the paine of five pound every offence None shall have a vessell of Wine in his House above ten gallons to spend there unless he be worth a thousand Markes in Goods or a hundred Markes in Lands or be the Son and Heire of a Duke Marquess Earle or Lord upon the paine of ten pound Note that Vintners of London have a toleration for them and others authorised by them by Letters Patents from the King for diverse yeares to come to dispence with them that they shall not sell according to the price comprised in the Statute Now if all the defaults and paines which were presented at the last Leet are amended or not as they ought and present them and of them and of all other matters and defaults common annoyance to the Common-wealth you shall inquire of and present Then after this charge is given the Steward shall command the Cryer to make Proclamation and after Proclamation made three times then the Steward shall say If any can informe the
Body of the aforesaid A.B. before the Justices within written at the day and place therein contained I cannot have as within I am commanded By vertue Latitat c. I have taken the Body of J.C. within named whose Body before our Lady Queen wheresoever shee shall be in England at the day and place therein contained I have ready as within I am commanded And if the Defendant which is so taken be sick in Prison or if the Sheriff will be at no cost to remove him to Westminster before the Justice saccording to the contents of the Writ then so By vertue of this Writ A.B. Sick within written is taken by his body and in such a prison or Goale so sick and weak that his body at the day and place within named I cannot have wiihout danger of death By vertue of this Writ to me directed Otherwise I have taken the body of within named J.S. which truly J. is in Prison of our Lady the Queens at F. so sick that without danger of death I cannot have him before the Justices within written at the day and place therein contained as I am commanded Which truly J. is so vexed with divers infirmities Otherwise that him without great perill of Death and for the weaknesse of his Body before the Justices within written at the Day and Place therein contained I cannot have as within c. R.D. within named was taken by J. C. Constable of the Town of D. at T. in the County of D. Otherwise for Felony for suspition of Felony and for that cause in the Gaol aforesaid under my Custody was detained and in the same Gaol is so sick that by no means he can labor or can be carried or so Whose Body I have ready before you at the Day and Place within contained Otherwise Supersedeas upon Capias to do what that Writ in it commandeth and requireth By vertue of this Writ I certifie you that after this Writ was delivered to me to take R.T. and other Defendants in this VVrit specified the same K. and others within named brought to me a Writ of our Lady the Queens of Supersedeas which is fastened to this Writ by vertue of which Supersedeas not at all c. By verrue of this Writ to me directed Supersedeas after Cepi Corpus I have taken the Body of the within named B.D. which afterward brought to me a Writ of our Lady the Queens of Supersedeas to me directed and fastened to this Writ therefore his Body before the Justices within written at the Day and Place aforesaid I could not have as within I am commanded And if upon this Writ there be sent another Writ which is called a Habeas Corpus then thus To have his Body and the Body with the Cause By vertue of this Writ I certifie you that before the coming of this Writ Sick by vertue of a certain other Writ to me first directed A. B. within written in the Prison of the Castle of our Lady the Queen of E. is imprisoned and there so sick and weak doth lie and in the same Prison yet sick and weak lieth so that him for fear of Death I cannot remove therefore the Body of the said A. B. at the Day within named I cannot have c. And in these Writs there are divers manners of Returns and divers of them are so By vertue of this Writ I certifie you that before the comming of this Writ W. B. within named was taken in another place and committed to the Queens Prison of W. By vertue of which other Writ to me first directed the Transcipt whereof is sent to you fastened to this VVrit notwithstanding the Body of the said W. I have ready to come before you at the day and place within named as within it is commanded me c. VVe Sheriffs aforesaid signifie unto you Trespasse that before the coming of this VVrit of our Lady the Queens to us directed and fastened to this VVrit J. F. of T. in the said VVrit nominated was taken in such a place and committed to our Lady the Queens Prison of W. for twenty pounds of Damages T. C. of N. in a Plea of Trespasse in the Queens Court in the said City of E. before us the said Sheriffs held and adiudged and likewise the said J. is detained in Prison aforesaid at the the Suit of W.S. in a Plea of Trespasse before us the said Sheriffs in the Court aforesaid had and prosecuted yet his Body c. as in the next Return before c. By vertue of this VVrit I signifie to you that before the coming of this VVrit of our Lady the Queens Felony R.A. in the said VVrit named was taken in L. and committed to the Prison of our Lady the Queens of W. for suspition of a common Theif and further the said R. was detained in the said Prison for that that he for divers Felonies by him done and committed at D. in the Hundred of A. is indicted as I am informed and another time taken armed at I. in such a County was carried to the Prison of our Lady the Queen and the said A. the same Prison of our Lady the Queen felloniously broke and from thence escaped as it is said notwithstanding the Body of the said R. as above c. By vertue Excom c. I certifie you that before the coming of this VVrit A. W. within named by the Ecclesiastical Censure in the Church of N. such a day and year c. for his Contempt and such like is excommunicated and the said A. by the Ordinaries of the Church of Saint Martins Justices in the Premises as yet stands in the same Church excommunicated and this is the cause of the taking and imprisoning the aforesaid A. notwithstanding the Body of the said A. W. before our Lady the Queen at the day and place within contained wheresoever she is I have him ready as c. Before the coming of this VVrit C.D. Counterfeit Money within written was in such a place and Prison of our Lady the Queen of R. committed for suspition of counterfeiting Money of the Queens and for that cause and no other is detained in the said Prison notwithstanding the said C. D. before you at the day and place within contained I have ready as within is commanded B. W. was taken at D. in the County of E. by H.S. Murder Steward of T. F. and before the said Steward at a Hundred held c. was indicted for the death of J. T. by the aforesaid B. slain and by the aforesaid Steward was sent the Queens Prisoner to R. which truly Indictment remains with the aforesaid Steward notwithanding the Body of the said B. before our Lady the Queen in her Chancery at the day in that contained wheresoever he be c. I have ready as that VVrit in that commands and requires c. Here follow divers Causes upon Returnes
the same T. then and there out of the Custody of my aforesaid Bailiff and against his will departed escaped and rescued himself against the Peace of our Lady the Queen now c. and after the said T. L. is not found in my Bailiwick By vertue of this Writ Otherwise I have made my certain Warrant to W. A. the Bailiff of the Hundred of H. which answereth me so that where he by vertue of the Warrant aforesaid tenth Day of S. the year of the Reign of our Lady the Queen within written the twentieth at C. took one J. S. and her to the Castle of our Lady the Queen of W. would have lead there to be safely kept thither came certain J. T. R. S. with many others unknown with force and armes arrayed in warlike manner and out of the Custody of my said Bailiff at the said W. the aforesaid J. took and carried away and so for fear of his Death suffered the said J. S. to escape and for that cause the Body of J. S. aforesaid before our Lady the Queen at the Day and Place within contained wheresoever c. I cannot have him as within is commanded me and further I certifie you that after the said tenth Day c. J. S. was not found in my Bailiwick By vertue of this Writ Otherwise Rescous and Riot I have commanded J. S. my Bailiff of the Liberty of D in the County aforesaid which hath full Return of all Writs Precepts and Warrants to him there directed which truly J. S. such a Day and Year at P. in the County aforesaid T. S. in the Writ to this Schedule annexed nominated and by vertue of a Warrant to him directed took and arrested and the same T. S. in his Custody by the occasion aforesaid then and there had and held and so being held c. one J. G. late of S. in the County aforesaid Laborer gathering many other Malefactors unknown and Disturbers of the Peace of our Lady the Queen to the number of twenty persons arrayed in a warlike manner by force and armes that is to say Swords Daggers Skeines and Staves upon the same Bailiff of mine then and there riotously made an Assault and beat him wounded him and abused him so that he dispaired of his life and the aforesaid J. C. and others c. and the said T. S. out of the Custody of my said Bailiff then and there took and rescued and where he would at large suffered him to go and the said T. S. himself out of the Custody of my said Bailiff then and there took and rescued and where he would at large suffered him to go and the said T. S. himself out of the Custody of the said Bailiff then and there likewise rescued against the Peace of our Lady the Queen c. and after the said T. is not to be found in my Bailiwick I J. H. Knight Sherif Otherwise by vertue of this VVrit have made a certain VVarrant to J. B. and P. D. my Bailifs for travelling this Torn to arrest and take R. F. to make satisfaction to the within named W. P. of Debt and Damages within specified as within I am commanded by vertue of which VVarrant the said J. B. and P. D. Bailiffs such a Day and Year at H. in the County aforesaid arrested the foresaid R. F. as by that VVarrant they were commanded and the said R. F. and one G. F. of G. in the County aforesaid with others unknown by force and armes that is with Swords Staves c. upon the said J. B. and P. D. the same Day and Year at H. in the County aforesaid made an Assault and them abused and then and there made a Rescous by reason of which Rescous the same R. F. from that Custody then and there contrary to the Arrest aforesaid himself rescued departed and escaped therefore the said R. F. at the Day and Place within contained I could not have and further I certifie you that after that Day the aforesaid R. F. was not found in my Bailiwick By vertue of this VVrit Otherwise I made and directed a certain warrant of mine to one T.C. my Bailiffe to attach the within named J.C. by force whereof the said T.C. the ninth day of J. the year of the Reigne of our Lady the Queen within written the twentieth at B. in the County within written took and arrested the aforesaid J.C. being willing to bring him before me and so intending to make and receive as in the VVrit I was commanded and afterward that is to say the said ninth Day of J. the twentieth year aforesaid The aforesaid J. C. late of B. aforesaid in the County of H. at B. aforesaid in the County aforesaid upon T.C. my Bailiffe made an Assault and from the same Bailiffe then and there flew escaped and rescued himself and after the same J. in my Bailiwick I could not find By vertue of this Writ Return to be had I certifie the Justices within written that I have made Return to the within named J.S. all those beasts of the within named W.S. which to the said J.S. were adjudged for default of the said W. to be safe and carefully kept so that they to the aforesaid W. at the complaint of the said W. by no means should be delivered without a Writ of our Lady the Queens which of the said Judgement maketh expresse mention accordding to the form of this Writ Pledges to prosecute and to have a Return thereof if Return thereof be adjudged E.D.R.F. By wertue c. I have made a Replevin to R. of the beasts within named Repleg as in that Writ I am commanded and further I certifie the within named our Lady Queen that no other Writ of replevying the within written beasts ever besides this VVrit was delivered to me c. Before the coming of this VVrit the beasts and chattells Repleg where the beasts are carried far off Otherwise of the within written K. which W.C. took and uniustly detained as it is said were driven farre oft by the said W.C. therefore I cannot replevie the aforesaid K. his beasts and Chattells c. No VVrit of replevin of the beasts within written besides this was ever delivered to my hands and further I certifie our Lady the Queen that before the coming of this VVrit the aforesaid beasts were driven farre off and conveyed to places unknown to me by the said J.T. that I can by no means replevie them for the said W. as within I am commanded Before the coming of the beasts within written were driven far off Otherwise by the within named T.C. to places to me unknown so that sight of them to make return to the within named A.H. and T.C. I could not have as within I am commanded By vertue c. such a Day Otherwise and year I have made Replevie to R.B. within named his beasts within mentioned which the within named T.M. and R.S. took
and uniustly detained according to the form of this VVrit as within I am commanded And the within named T. and R. are attached by a hundred sheep price 6 pounds by T. F. Bailifte by the Plea of J.T. R.M. and the within named R. B. is attached by my said Bailiffe by three Kine price three pounds by the Plea of the aforesaid J. T. and R.M. and no other command of our Lady Queen besides this VVrit of the beasts aforesaid to be replevied before the coming of this writ was ever delivered to me By vertue c. I certifie our Lady the Queen Otherwise in Chancery in her Chancery that the beasts and Chattels by the within named A.B. first taken are driven far out of the County within written to places unknown to me by the within named T.R. by which means the beasts and Chattells aforesaid cannot be returned by me as within further I am commanded Before the coming of this writ Beasts driven far upon the second deliverance the beasts within written were driven far off by the within named J. M. to places unknown to me so that the Beasts within written of J.M. I cannot return according to the Form of this writ Pledges to prosecute and having Return c. J. D. R.R. By vertue c. I W. A. Precept upon the second deliverance in the County one of the Bailiffes within named requested of J.T. and R.N. within written the delivery of the beasts of T.B. within written that is to say of three Oxen price each Ox twenty Shillings and of two Horses price each Horse twenty Shillings and they refused thereof to make Delivery and the aforesaid beasts are driven far off to places to me unknown by which thereof I can make no Delivery as within I am commanded and the aforesaid J.T. is attached by one of Silver to the value of twenty Shillings By vertue of this Otherwise of replevying a man c. I certifie our Lady the Queen within named that no other VVrit or command of our said Lady the Queens of Replevin the within written J.C. whom W.S. within named took and taken keeps as within is specified till that VVrit of Pluris Repleg the aforesaid J. came to my hand neither was it delivered to me nevertheless I do further certifie the Justices of our said Lady the Queen that forthwith after the receit of the said VVrit I came to the aforesaid W.S. to make replevin of the aforesaid J. which the said W. would not shew me but the aforesaid J. before the coming of this VVrit had conveyed to places unknown to me And after the receit of the said VVrit the said I. was not to be found in my Bailiwick so that I could make no Replevin of the said I. by any meanes according to the command of this VVrit as within I am commanded No other Writ besides that of Repleving the within named D.G. to my hands as yet came Otherwise And further I certifie the Justices within written that the aforesaid D. is conveied away to places to me unknown by the within named J.T.E.B. and T.R. By which means I cannot replevy the said D. as within I am commanded By vertue Pluries Repleg c. I certifie our Lady the Queen that after the receit of this Writ I diligently inquired throughout all my Baliwick and I can by no meanes understand that any of the beasts of the within named W.P. were taken and unjustly detained by the within named J.N. as in the VVrit is supposed So that the execution of this Writ according to the Tenor and Effect of the same could not be done by me as within I am commanded and further I certifie our Lady the Queen that no other Writ of Pluries Replegeare besides this VVrit was ever delivered to me Condition Cond Repleg c. That if the above bounden A.B. and C.D. shall redeliver to the above named Sheriff all those goods and chattells and every parcell thereof by H. P. taken and by reason of a certain Replevin by the aforesaid Sheriffe made to the aforesaid A.B. and C.D. Repleg if Return thereof should be adjudged and the said Sheriffe and his Executors saved harmlesse that then c. The within written J.H. Withernam hath no beasts in my Bailiwick that I can take in Withernam according to the exigent of this Writ By vertue c. I have taken two brasen Pots Otherwise c. of the Goods and Chattells of T. H. in the writ nominated in Withernam and I have caused them to be delivered to W.F. to hold to the said VV.F. till the said I.H. the Chattells of the aforesaid W.F. he do deliver as this VVrit c. By vertue Otherwise c. I have taken in Withernam at D. in the County within written two cowes c. of the Beasts of the aforesaid I.D. and two cowes of R.T. within named which truly Beasts aforesaid fled from hence and I caused them to be put in a certain place at S. in the foresaid County safe and securely there to be kept according to the Exigent of this VVrit VVhere the beasts aforesaid lie Otherwise and the aforesaid I.H. and R.T. have no more or any other beasts at this time in my Bailiwick that by any meanes I can take in VVithernam as within I am commanded By vertue of this writ I have taken two cowes and two Steeres of the beasts of the within named R.D. and two cowes and two Steeres of the beasts of T.L. which I caused to be delivered to I.C. within named to be safe and secuerly kept untill the other Beasts of the within named I.C. First taken and conveyed to places unknown to me I can deliver as within I am commanded By vertue of this Writ to me directed Exigent at my County Court kept at W. in the County of W. the within written Tuesday that is to say the twentieth day of Ianuary the year of the Reigne of our Lady the Queen within written the twentieth I.C. and other Defendants within named First were called and did not appeare and at my County Court c. as before the second time called and did not appeare and at my County Court held and so forth The third time called and did not appeare and at my County Court held c. The fourth time called and did not appeare and at my County Court held c. The fifth time called and did not appear Therefore the aforesaid I.C. and the rest of the Defendants within named by the judgment of the Coroners of the said Lady the Queen of the County aforesaid according to the Law and custome of the Realme of England are out-Lawed and every one of them is out-Lawed By vertue of this Writ to me directed Between two Sheriffs at my County Court held at W. in the County of W within written on Teusday that is to say the tenth day of Ianuary the year of the
Reigne of our Lady the Queen within written the 20. R.L. within named first was called and appeared not that VVrit so above indorced was delivered to me by I. E. Esq late Sheriff of the County within written my next Predecessor in his going out of his Office as afore in the back of this VVrit And at my county Court c. as before That VVrit so above indorsed Otherwise together with the Writ of our said Lady Queen of Smpersedeas to that annexed was delivered to me by M. D. Knight late Sheriff of the County aforesaid my next Predecessor By vertue For defect of Coroners c. at my County Court held there the third Day of November the said twentieth Year of our Lady Queen Elizabeth within written the aforesaid T. C. was the fifth time called and did not appear and for want of W. B. and R. C. Coroners of the foresaid County I could not further prosecute By vertue c. and at my County Court c. and because there were not more County Courts held in the County aforesaid from the Day of the Receit of this VVrit aforesaid till the Day of the Return of the same by which nothing is done for present or so and therefore in the executing of this VVrit what is further to be done nothing is done There are joyned to them four County Courts Allocat Com. at which J. B. within named was called and appeared not and further by vertue of this VVrit at my County Court held at W. in the County of W. within written the eight Day of September the Year c. the within written twentieth the said J. B. was the fifth time called and appeared not therefore by the Judgement of the Coroners c. and if it be a VVoman it shall be so Therefore according to the Law and Custome aforesaid Otherwise of a Woman Supersedeas A. R. Waiviata est By vertue c. and at my County Court aforesaid held there the Tuesday that is to say the twentieth Day of A. the said Year the twentieth of our Lady the Queen within written the aforesaid A. R. the fourth time was called and appeared and brought to me a VVrit of our Lady the Queen of Supersedeas which is fastened to this VVrit by which to the executing of this VVrit you shall altogether seise or so As in the foresaid VVrit of our Lady the Queens of Supersedeas I am commanded By vertue c. and at my County Court Delivered himself c. the aforesaid J.W. and A. 4. are called and the aforesaid J. appeared and delivered himself to our Lady the queens Prison of E. whose Body before the Justices within written at the Day and Place therein contained I have ready as that VVrit in that commands and requires and the foresaid W. and A. appeared not And further at my County Court held Supersedeas c. the foresaid W. and A. were called the fifth time and the said W. brought to me a VVrit of our Lady the queen of Supersedeas which is fastened to this VVrit by which of executing this VVrit further doing any thing for the foresaid W. I have altogether desisted and the aforesaid A. appeared not therefore according to the Law and Custome of the Kingdome of England he is outlawed By vertue Outlaries otherwise c. and at my County Court held at W. in the County aforesaid twelfth Day of April c. J. H. R.S. I. C and all other Defendants following in this VVrit nominated besides J. H. which brought me a VVrit of our Lady the queens of Supersedeas therefore to him to make further prosecution I altogether desist as in the said VVrit of Supersedeas I am commanded And besides R.S. which yeilded himself to the Prison of our Lady the queen of F. within the County of W. whose Body before the Justices Reddidit se c. and so besides J.C. which is dead did not appear therefore by the Judgement Dead c. and the foresaid I. C. is waived in presence of F. W. and I. C. Coroners of the said queen Waived in the County aforesaid As to the Exigent taking out-Lawing Otherwise or in any way molesting the within named P.T. by vertue of this VVrit to the Justices of our Lady the Queen within written at the day and place therein contained I certifie that by vertue of another VVrit of our said Lady the Queen to me directed and to this annexed I supersede altogether as by that VVrit I am commanded By vertue c. I. B. and the other Defendants within named were the second time called Sick and the aforesaid I.B. appeared and yeelded himselfe to the Prison of the sayd Lady Queene of F. within the County of W. aforesayd and in the same Prison remaineth sick troubled with many Infirmites so that for the weaknesse of his Body and Danger of Death he cannot travell or be carried by which the Body of the said J. B. before the Justices within written for the present I cannot have according to the form of this VVrit and the within named J. P. and R. R. being the fifth time called did not appear and because at none of the County Courts they appeared the foresaid I. P. and J. R. according to the Law and Custome of the Kingdome of England are outlawed and either of them is outlawed as this VVrit in it self challengeth and requireth At the County Court c. first second third fourth he was called and appeared and yeilded himself to the Prison of our Lady the queen of C. where he is so sick that for Danger of Death him before the Justices within written at the Day and Place therein contained I cannot have By vertue of this VVrit to me directed at my County Court of W. held at W. in the the County of W. within written the Tuesday the twentieth day of M. the yeare of the Reigne of our Lady the queen within written the one and twentieth I made to be proclaimed and at my County Court of W. held at W. aforesaid in the said County of W. the twentieth day of M. aforesaid the twentieth year of our Lady the Queen within written the second time I made it be proclaimed and also at the Generall Sessions of the Peace held at W. in the said County of W. in the parts of M. within written upon Thursday that is the twelfth of September aforesaid the twentieth year of our Lady the Queen within written publickly I made to be proclaimed that J. C. and all the rest of the Defendants within named should yeild themselves to the within named Sheriffes in L. so that the same Sheriffes may have their bodies before the Iustices within written at the day and place within contained as this Writ in it self commandeth and requireth W.H. Defendant within named was not found in my Bailiwick after the receit of this writ and for that Otherwise for the
appears upon their heads and each of them is manucapted by himself that is by four Manucaptors by name A.B. c. And there are no more Executors of the will of the said B. nor heires of him or of Lands or Tenements which were his in the County of W. as by any means for the present can appeare unto me Pledges to prosecute J.D.R.R. A.B. within named hath nothing in my bailiwick but the Issue first by me forfeited Favor of the Sheref upon the 2. or 3. Distring Against a Clark by which nor where he may be distrained as to me by any means can appeare for this present W.D. Arch Deacon of R. hath nothing in my bailiwick of lay fee by which nor where he can be Distrained Warned or Attached by any means at present as to me can appeare That I should distrain the within written A.B. to be before the Justices within named Upon a Tarde at the Day and place therein contained This writ so late was delivered unto me that for the shortnesse of the time I could make no Execution thereof To the Distraining of R.L. and all other the Jurors within written to be before the Iustices within named at the day and place therein contained Other-Wise upon a Jur. This writ came unto me so late that for the shortnesse of the time could make no execution thereof but to ad Decem tales the execution thereof doth appeare in a certain Pannell fastned to this writ Otherwise for Homage The Manucaptors within named J.S.W.P.I.D. His Issue half a Mark. The summoners of the within named R. and E. his wife W.F.R.P. And so of all other actions reall if the Defendants be sufficient The Execution of this writ doth appeare in a certain inquisition to this writ annexed By vertue of a writ of our Lady the queen to me directed Partition and to this partition indented annexed I J.D. Knight Sheriff of the County aforesaid twentieth day of A. year 20. c. taking with me J.S. c. twelve free and lawful men of my County and of the view within written in the presence of H.F. in the writ aforesaid nominated in my proper person I came to the Tenements in the said writ nominated and there by their Oath respect being had to the true value of the said Tenements with the appurtenances the said Tenements in partition into three parts equally to be parted and one part of the said three parts that is twelve foot in length and eight foot in bredth of the House in the foresaid writ specified extending to the Land of F.G. called G. towards the west and thirty four foot in bredth and twelve rods in length and one Garden in the aforesaid writ specified lying to the said house abutting towards the west to the Land of the aforesaid F.G. called B. and the Glebe Land of the Rectory of S. and also c. And I the aforesaid Sheriff twentieth day of A. the year c. have made them to be assigned and delivered to H.F. nominated in the said writ to hold to him severally according to the form and effect of the writ aforesaid And as the said writ in that commandeth and requireth Which truly whole third part of the aforesaid Tenements in the aforesaid Writ specified Otherwise to the aforesaid H. in form aforesaid is delivered and assigned and for the other two parts remaining of the aforesaid Tenements in the aforesaid Writ specified J.F. likewise in the same Writ nominated to the partition aforesaid to be assigned and Delivered to the Justices of our Lady the Queen in the Writ aforesaid specified I certifie that none of the part of the said J. came to receive of me the aforesaid Sheriff those two parts so that those two parts I could not deliver an Assigne as the writ aforesayd in that doth command and require In witnesse whereof as well the Seale of me the aforesayd Sherif as the Seales of the other twelve Jurors to this partition Indented are put Dated the yeare and Day abovesayd Pledges to prosecute I. D. R. R. The within I. S. and R. B. are attached and each of them is attached by Pledges I. D. R. R. The residue of the execution of this VVrit doth appear in a Pannell fastned to this writ Assise of Novel disseisin Assise of novell disseisin between such a one Plaintif or Demandant and such a one Defendant or tenent in the Plea c. A. B. C. D. c. to the number of twenty four Pannell The names of the Recognitors I. P. and T. W. Summonitors J. D. T. B. Manucaptors summoners aforesayd and every of them J. S. J. D. Pledges to prosecute Otherwise G. C. R. R. R. H. within named is attached by one _____ of Latin price eight pence by Pl. W.D. and T. D. The residue of the execution of this writ doth appeare in a certaine Pannell annexed to this writ A Recognition of an Assise of Novell disseisin Pannell between J. D. Plaintif and R. T. Deforceant of his Free-hold in B. J.D. c. to the number of twenty foure Summoners of the Jurors aforesaid and of every one of them J.S.J.D. Manucaptors summoners aforesaid and of every one of them J.B.T.C.A.B. and W.H. The execution of this writ appeareth in a certain Pannell to this writ annexed Otherwise The names of the Recognitors in an Assise of novell Disseisin between A.B. Plaintiff and J.M. Defendant A. B. c. to the number of twenty four Every one of the Recognitors aforesaid by himself is severally attached by pledges J.D.RR. The Issues of every one of them five shillings The names of the Recognitors of new added according to the form of the Statute A. B. c. to the number of ten Every one of the Recognitors aforesaid of new added is attached severall by Plaintiff J.D.R.F. By vertue of this Writ Great Cape tenth day of M. the year aforesaid by the view of R.H. and T.H. good and lawfull men of my County I have taken into the hands of our Lady the Queen the Lands within written as within I am commanded summoners J.D. R. F And if the Writ be sent to the Sheriff and the place where he ought to execute it be within Franchises which hath full return of all VVri tsthen so The Execution of this VVrit c. as before I J.S. Sheriff of E. have commanded J.W. Bailiff of the Liberty of B. in the County aforesaid which hath full return of all VVrits and execution of them within the Liberty aforesaid in the County aforesaid and to whom the executing of this writ doth wholy belong to be don for that that the said execution thereof otherwhere in my Bailiwick cannot be done out of that Liberty which answers me so c. By vertue Otherwise c. I have taken into the hands of our Lady the Queen by view c. as before of the Lands and Tenements of J.M. within
Writ to me directed I have extended and apprized all the Lands and Tenements Goods and Chattels of the aforesaid A. in my said Bailiwick which truly Extent is to this Writ annexed and also all the Lands and Tenements aforesaid in the same Extent specified together with his reasonable Damages and Costs I have levied according to the form of the Statute thereof inacted and provided and according to the form of this Writ By vertue c. To give Seisin I have taken the Goods and Chattels of J. M. within mentioned to the value of all the Money within written and have set them to sale and because I have not yet found Buyers therefore the Money within c. I cannot have at the Day and Place within contained as c. By vertue c I certifie the Justices within written To deliver Seisin that such a Day and Year within written I have caused A. B. to have full Possession of one House with the Appurtenances in S. within written in all as this Writ c. By vertue c. such a Day and Year within specified Otherwise I caused the within named A. B. to have and to be assigned full Seisin of a Mannour and Tenement within specified in a convenient place that is to say of the Mannour of F. twenty Acres of Land a hundred Acres of Meadow c. with the Appurtenances in F. c. in the County within written according to the forme and effect c. By vertue View c. I have made R. G. to have the view of one House with the Appurtenances in C. and I have told R. S. and J. D. T. M. and H. R. four Knights of those which were present at the view that they should be before the Justices within written at the Day and Place therein contained to testifie that view as that Writ in it commandeth and requireth By vertue c. I certifie the Justices within written that none of the part of R. S. came to shew me the view of a House and Meadows with their Appurtenances within written therefore touching the Execution of that Writ nothing is done by me for this present By vertue To have the view c. I certifie the iustices within written at the Day and place within contained that such a Day and year I caused the within written J.F. and M. his VVife to have the view of the House c. within specified with the appurtenances and I told A.B.C.D.E.F.G.H. four Knights of my County which were present at the view that they should be before the Iustices aforesaid at the Day and Place therein contained to testifie that view as within I am commanded By vertue Otherwise c. of our Lady the Queens to this scedule annexed I have caused I.G. in the said VVrit nominated to have the view of sixty Acres of Pasture with the appurtenances in G. which H.F. in the Courrt of our Lady the Queen before her Iustices at Westminster claims as his Right and inheritance against the aforesaid I G. by a writ of the Queens in Form of Gift in Discender and I said to four Knights which were present at the view that they should be before the Iustices of oursaid Lady the Queen at Westminster at the Day in the said VVrit specified to testifie that view as in the said VVrit I am commanded None came to me of the part of the within named R. F. Otherwise to shew me the view of a Pasture within specified for which cause I could not make the view of that Pasture within written to R.F. to have The execution of this writ doth appear in a certain inquisition to this writ annexed Inquisition indented Inquisition taken at G. which is a place wasted in the County of D. such a day and year before W. L. the Sheriffe aforesaid by vertue of a Writ of our Lady the Queens to the same Sheriffe thence directed by the Oath of twelve men sworn which say upon their Oath that R.M. in the said Writ nominated made Wast and destruction in a Wood in which in the Writ aforesaid there is mention and in the Wood aforesaid cut twenty Oaks price every one twenty pence part whereof he sold and part carried away to the disinheriting of VV.F. within written and against the Form of provision in the said VVrit specified and say upon their Oath that the aforesaid R. hath made no more VVast in the VVood aforesaid as to them any way can appear in witnesse of which thing c. By vertue c. I came to a place wasted Otherwise in the VVrit contained as within I am commanded and the residue of the execution of this VVrit doth appear in a certain inquisition to this VVrit annexed An inquisition indented Inquisition taken at F. in the County of VV. such a day and year before VV. K. Esquire Sheriffe of the aforesaid by vertue of a certain VVrit of our Lady the Queens to him directed and to this inqusition annexed by the Oath of A. B c. to the number of twelve which say upon their Oath that I.B. in the aforesaid VVrit nominated made waste sale and destruction in Tenements Lands and woods in the aforesaid VVrit specified that is to say in suffering a Hall c. in the writ specified to be uncovered by which the great timber of the same House by tempests of Rain falling upon them became rotten c. By vertue of this writ to me directed I have made to come before the Justices within written at the day and place therein contained all writs Ass of Iurors and Certificates in the County of VV. within written together with the Pannells Attachments Re-attachments Re-summons and all other Adminicles Ass of Iurors and certifie those whom they concern I have made also made come before the said Iustices at the Goale Delivery of our Lady the Queen of F. of the Prisoners therein being to be delivered assigned at F. aforesaid at the aforesaid Day all the Prisoners in the Goale aforesaid being them any way concerned and to the view of every Town and place where the Felonies of which the said person indicted apppealed or arrested were were committed as well within the Liberties as without twenty four good and lawfull men to whom the truth of the thing may be best known and inquired and who are not any way of kindred to the said Prisoners together with four men and Governors of their Town or place to do that which then and there to them on the behalf of the said Lady our Queen they are now injoyned and also I have made it to be publickly proclaimed throughout my whole Bailiwick that all they which would follow against those Prisoners that then they should be there against them as it was iust to prosecute and I did give understanding also to all the Iustices of the Peace Coroners Stewards Bailiffes of Liberties and Hundreds of the County aforesaid that then hey
should be there with their Rolls Records indictments and other their remembrances to do that which to their Office belonged as within I am commanded The residue of the execution of this Precept doth appear in a certain scedule to this Precept annexed By vertue Session c I have made to come before the Iustices within written at M. within specified the day and year within contained all Constables and Bailiffes of Hundreds and Burgers within specified and also of all aforesaid Hundreds twenty four Iurors to do those things which to them on the behalf of our Lady the Queen then and there they are inioyned I have also given notice to all Constables and Bailiffes of Hundreds within written that they should be there having the names of all the Artificers Labourers and servants of Husbandry within the Hundred aforesaid against the form of the statute to that end enacted and provided And likewise I caused very sufficiently to be proclaimed within my Bailiwick that all they which as well for the said Lady the Queen as for themselves against any of the Artificers Labourers and servants any complaint according to the Form of the statute provided to complain off or would prosecute that then they should bring in their Bill before the Iustices if they thought fit as within I am commanded A Calender A Calender of the names of the Justices of peace Derby of our Lady the Queen Coroners Stewards Bailiffes of Liberties and Hundreds in the County aforesaid Summoniters at the Assises held at C. in the County aforesaid the Thursday in the fourth week of Lent the year of the Reigne of our Lady Elizabeth by the grace of God of England France and Ireland Queen Defender of the Faith c. twentieth of the names of the Prisoners in Goal of D. aforesaid being A.B.C.D. The names of the Justices of the Peace A. B.C.D. c The names of the Coroners A. B.C.D. c The names of the Steward and Bailiffes of the Liberty E.F.G.H. The names of the Bailiffes of the Hundred I. K.L.M. The names of the Prisoners in the Goal of D. being J.S. repreived J.N. taken at S. for suspition of Felony Processe in the Chancery I have made to be chosen two Knights For the Knights of the Parliament to be chosen girded with Swords the most fit and discreet of my County aforesaid that is to say VV.F. and J.S. which truly Knights have a full and sufficient power for the County aforesaid to do and consent to those which at the day and place within named of the Common Councell of the Realm of the Queen of England ordinarily are handled and the aforesaid W.F. and J.S. are Manucapted by J.P.W. B.J.D. and R.N. to be at the Parliament of the Lady the Queen at Westminster at the day within contained to do as that Writ in it commandeth and requireth I have also made a Precept tby vertue of this Writ to J.P. and W.S. Bailiffes of the Liberty of the Town of G that of the Town of G. they should cause to be chosen two Burgesses of the discreetest and most sufficient that they be at the Parliament of the said Lady the Queen at the day within contained to do and consent as aforesaid which truly Bailiffes so answer me that they have caused to be chosen of the aforesaid Burrough of G. two Burgesses discreet and most sufficient to be of the Parliament aforesaid that is to say S. W. and R.VV. By vertue c. at my next County Court For choosing Burgesses of the Parliament after the receit of the same held at W. such a day and year in my full Court I caused to be proclaimed all things in that writ contained acccording to the Form and effect of this VVrit as c. the residue truly of the execution of this VVrit doth appear in certain Indenture to this VVrit annexed This Indenture made such a day and year Indenture between M. P. Sheriffe of the County of C. of the one part and J.D. and A.B. c. of the other part witnesseth that according to the Form of the writ to this Indenture annexed Proclamation being made in the full County Court held at C. such a day and year the aforesaid J.D. and S.B. c. which were in the County Court aforesaid at the making the Proclamation according to the Form of the Statutes in the writ aforesaid specified and the command of the said writ chose A.D. and J. A. to be Burgesses of the City aforesaid at the Parliament in the said writ specified which have a full and sufficient power for them and the County of the City aforesaid to do and consent as the writ in it self commandeth and requireth in witnesse whereof the parties aforesaid to these Indentures have severally set their Seals c. By vertue of this writ as well within the Liberties as without Upon the Writ of receiving the order of Knighthood throughout my whole Bailiwick I have made to be proclaimed that all and singular persons that have Lands Tenements and Rents as is within written whose names in a certain scedule to this writ annexed are written at the presence of our Lady Queen about the Feast within written personally shall appear and come to take the aforesaid order as within I am commanded By vertue Adjournment c. all writs to me delivered or to be delivered before the Iustices within written at Westminster in Octabis of Saint Hillary returnable or returned I have before the Iustices within written at Westminster the day c. together with all executions of the same and further army County Court held at N. such a day and year publickly I made to be proclaimed that the parties in the same writs named should keep their dayes before the Iustices at Westminster the next Term as this writ c. By vertue of this writ Certior are upon protection of our Lady the Queens within written in her Chancery under my Seal distinctly and openly that I certifie VV.T. within named under the safe custody defence tuition of the Town Castle of the Marches of the Queen at Callice in obedience to the said Lady Queen in S. aforesaid the said kinsman of hers holding place as Generall of the Town Castle and Marches aforesaid according to the Form of the Queens Letters Patents by which the said Lady Queen took the foresaid W. T. into her protection and defence doth not stay but draweth his stay in the City of London intending his own proper businesse c. I J.D. Knight Sheriffe of the County within named Supplica● vit do certifie our Soveraigne Lady the Queen in her Chancery that before the coming of this Writ A.B. the within named was taken in my Bailiwick and in the Queens Prison there under my custody detained by vertue of a certain other writ to this Writ annexed for which truly the aforesaid A.B. before the coming of this Writ was delivered
Goods and Chattels aforesaid then with me remaining unsold for want of Buyers but I will set them to sale from day to day and when they happen to be sold the money thereof coming before the Barons within written I will bring according to the form and effect of this Writ Those Goods to the value of twenty Marks within written Otherwise which by vertue of the Writ of our Lady the Queen lately now to me directed I have taken of the Goods and Chattels Lands and Tenements which were lately T. F. within named and have set them to sale and sold them and the Money thereof I have ready to bring to the Barons within named at the day and place therein contained as therein I am commanded A. B. and C. D. within nominated Are dead were dead long before the sending out this Writ neither have they any Goods or Chattels Lands or Tenements within my Bailiwick which I can extend and value as by this Writ I am commanded The within named A. B. and C. D. are dead For the shortnesse of time Scire feci and to the rest of the Execution nothing is done by me for the shortnesse of the time By vertue c. Scire feci J.C. within named that he be before the Barons within written at the day and place within contained by J. C. and R. S. good and lawfull men of my Bailiwick as within I am commanded There are no Executors of E. within written Against Executors nor Administrators of the Goods and Chattels which were his nor Heirs nor Tenants of Lands and Tenements which were his in my Bailiwick to whom by any means I can give the Scire facias I.D. and the rest of the Defendants within named Otherwise have nothing in my Bailiwick by which I can them Scire facere By vertue Non omittas c. I have taken of the Lands and Tenements of W.R. to the value of forty shillings which I have ready for the Barons within written at the day and place therein contained as within I am commanded and further I certifie the Barons vvithin vvritten that the aforesaid VV. hath no other or more Lands nor Tenements Goods nor Chattels in my Bailiwick whereof the residue of the Debt within written I can levy by Execution as the said VVrit in it commandeth and requireth Here follow certain Cases of the Common Law upon the Returnes aforesaid and others BEcause Justices to whose Duty it belongeth West 2. cap. 35. to administer Justice to every one before them complaining are oftentimes hindered so that they cannot in due manner execute their Office by this that Sheriffs do not return their Original and judicial Writs and likewise return false Answers The Lord the King provideth False Return that those which fear the malice of the Sheriff should deliver their Writs in the full County Court or in the other County Court where there is a gathering of the Kings Money and let there be a Billet taken of the Sheriff present or of the under-Sheriff in which Billet there shall be contained the names of the Plaintiff and Defendant and adjoyned to the Billet sealed by the Sheriff or under-Sheriff in witnesse thereof and let there be mention of the Delivery of this Writ And it gives remedy Tarde if the Sheriff will not seal the Billet by this Statute remedy is given if the Sheriff return Tarde Mandavi Balivo where he hath sufficient time to serve the Writ and where he returnes I have commanded the Bailiff of the Liberty where it is no Liberty and this Statute gives you shall not omit for any Liberty and gives Averment against the Returne of the Sheriff Averment if he return to little Issues and gives that he should deliver Corn in the Grange and all Moveables besides Equituram Indumenta utensilia domus contained under the name of Issues and the Statute gives Posse Comitatus See the Statute of 1 Ed. 3. chap. 6. The Sheriff by the common Law is the Preserver of the Peace Authority of the Sheriff and hath the Custody of the County for the time that he is Sheriff and may cause the party to finde Surety if any require that and every Obligation which he takes to keep the Peace shall be taken a Recognizance in Law and specially when this is certified by Certio●are in the Chancery But Pleas before him in the County or Hundred are not of Record for these are by reason of course and this taking for Peace is by reason of his Office Fitzh 81. D. If the Sheriff return upon a Distringas Juratores Appearance no manner of Issues and a full Jury appears and pleads this is no Error for the King hath no losse and the Issues are for the King which he shall not have if the full Jury appear 5 H. 7. f. 8. Also if the Sheriff return Scire feci upon Fine or Judgement and no mention is made of the Summoners and Viewers and the party appear and pleads it is no Error and if upon the Grand Cape there be not returned the Summoners and Viewers yet if the party appear and pleads it is no Error 3 H. 7. f. 14. this Return was amended and the Plaintiff recovers See 8 H. 5. f. 2. B. Scire facias is returned Scire feci by J.S. and J.D. and though the Return be not by good and lawfull men as it ought if the party appear it is a good Return and may be amended 33 H. 6. f. 35. 44 Ed. 3. f. 16. 8 H. 6. f. 27. If the Sheriff attach a Cow Attachment the property is not out of the party till the Day of Return that he make Default and if at the Day of the Return he make Default the Sheriff may take that as forfeited to the King though he have left that before with the party 9 H. 7. B. Table Dormant and such things which are fixed to the Free-hold cannot be attached 21 H. 7. f. 26. Annuity the Sheriff returns I have nothing in my Bailiwick by which he can be attached where it should be by which he can be summoned and though it were in the time of another Sheriff Amendment it was amended for the Cout may amend a mistake of the Clerks and also of the Return of the Sheriff 33 H. 6. f. 47. Upon a Distringas Juratores the Sheriff in his Return leaves out four Names which were in the Venire facias and the Sheriff was examined and saith that they were distrained and for that the Returne was amended 37 H. 6. f. 12. 22 H. 6. f. 45. Appeal upon Distringas Juratores where there were Knights and Esquires which were in the Writ there was returned but eight pence upon every Juror and the Sheriff had been amerced unlesse he be there present and amend that and sets upon every Juror two shillings 2 R. 3. fol. 13. Attaint at the Distringas Juratores the