and not found in his bayliwick as by the record and proceedings therein in the same court of the Lord the King before the Justices of the same Lord the King here to wit at Westminster aforesaid remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon and the same I. H Gent. is dead as by the information of Robert Broundling Esq Administrator of the goods and Chattles which were of the same I H. at the time of his death during the minority of W. H. and R H. Executors of the Testament of the said I. H. Gent. the King understandeth and because c. that by honest c. be should make knowne to the said I. H. Knight that he should be here at this day to wit 15. Pas to shew if any thing c. wherefore the same Robert ought not to have Execution against him of the debt aforesaid ought not to have c. according to the form of the acknowledgement aforesaid c. now here at this day came the same Rob. by I. Gill his attorney and offered himself the fourth day against I. H Knight in the plea aforesaid and he being solemnly called came not and the sheriff to wit Henry Chapman now retorneth that the said I. H. Knight hath nothing c. nor is found c. And hereupon the same R. saith that after the said 15. Pas last past the same I. H. Gent. at the Towne of New-Castell upon Tyne made his last will and Testament the same William H. and Ralph his Sons being then within the age of 17. yeares Executors of the same Testament made and ordayned And that the Administrators of all the goods and Chattles which were of the said I H. Gent. at the time of his death during the minority of the same William and Ralph by Clement Colmor c. The 19. day of November in the yeare of our Lord 1613. at the Towne of New Castell upon Tyne after the death of the said I. H. Gent to the same Robert was committed And he bringeth here into Court aswell the letters Testamentary of the same I. H. Gent. by which it sufficiently appeareth to the Court here the same William and Ralph to be Executors of the Testament aforesaid And thereof to have the administration As the letters administratory of the said officiall which the Commission of the administration aforesaid in Form aforesaid do testifie whose date are the same 19 day of November An. Do. 1613. abovesaid with this that the said Robert will verifie that the same William and Ralph are yet living to wit at the Towne of New-Castell upon Tyne and are within the age of 17. yeares and hereupon the same Robert payeth execution against the same I. H. Knight of the Debt aforesaid by default c. and hereupon the same Robert prayeth a writ of the Lord the King by the statute c. to the Reverend Father in Christ William Bishop of Durham or keeper of his place there to be directed And it is granted him retornable here in Cr. S. Trin c. ss BRownlow ss Whereas A. M Gent. and W. H. late of Entry of a Sci fac against manucaptors c. Gent. at an other time to wit 29 day of June An. 21. before Henry Hobart Knight and Baronet our Cheife Justices of the common bench at his Chamber in Serjeants Inne Fleetstreet London undertook and each of them did undertake to wit the same A. in the summe of 160 l. And the same W. in the summe of 80 l. that he the same A. should appeare in our Court before our Justices at Westminster in his proper person or by his sufficient attorney in Law to an action or writ of one R. S. against the same Arthur of and upon an action of debt upon demand of 80 l. before 8. Mich. then next to come to be commenced and in our said Court before our Justices at Westminster to be prosecuted and to answer to the same Richard in the plea aforesaid And also it should happen judgment after the appearance of the said A. in the Cour here made in in the same plea for the said Richard against the same A. to be given to satisfie to the said Richard of the debt and damages for the same Richard against the same A in the same Court in the plea aforesaid to be recovered or adjudged or that he the same A upon that occasion should render himselfe to the prison of the Fleet Which said summe of 160 l. the same A acknowledgeth to be made of their lands and chattles which said 80 l. the same W. acknowledgeth to be made of his lands and Chattles to be levied to the use and behoof of the said Richard if it should happen the said A. to make default in any of the premisses and thereof lawfully to be convicted which said Recognizance in Form aforesaid taken The said Cheife Justice afterwards to wit the 30 day of June then next following in our said Court with his owne hands and delivered to be inroled upon Record and now there before our Justices of the common Bench aforesaid at Westminster aforesaid in the Terme of the holy Trinity An. 21. abovesaid is inroled of which said plea of Debt a certain plaint before them was levied in our Court before Iohn Hodges Esq then being one of the sheriffs of London and the same plaint by our Writ upon our Command before our Chief Justice at his Chamber aforesaid was sent and had As by the record and proceedings therein in our said Court before our said Justices at Westminster remayning manifestly appeareth And although the same Richard before the said Oct. S. Mich. to wit the 17. day of September An. c. 21. abovesaid our certaine originall Writ in a plea of debt of 80 l. against the same A. out of our Chancery at Westminster aforesaid then being before our Justices of the Common Bench at Westminster aforesaid Oct. S. Mich. then next following retornable Commenced and the same A. at the said 8. S. Mich. by I. R. then his Attorney to the said Writ in Debt aforesaid as by the same Richard against the same A. in Forme aforesaid commenced according to the Forme of the Recognizance aforesaid appeared And afterwards to wit in 8. S. Hill then next following the same A. aswell of the said Debt of 80 l. aforesaid as in 7 l. which to the same Richard in our said Court were adjudged for his Damages which he had by the occasion of the detayning of that Debt whereof he was convicted and judgment there against the same A. for the same Richard in the same plea in our Court aforesaid was given as by the Record and proceedings therein in the same Court before our Justices at Westminster remayning manifestly appeareth Neverthelesse the same A. hath not rendred his body in execution of the Judgment aforesaid in our said Court at the said Oct. S. Hill nor satisfied the said Richard for the
after Tres septim S. Trin. to satisfie Richard W. Gent. as well of a certain debt of eight hundred pounds which the same R in our Court c. as of forty shillings which to the same R. in the same Court were adjudged c. whereof he is convicted Commitment and this was outo sCourr and whereupon it was considered in our said Court that the said R. have Execution against the said L. for the debt and damages aforesaid for default of the said L. and have you there their writ teste H H at Westminster 16. Junii Anno 18. and Scot. 53. Maier Waller And this is the cause of taking and detaining of the said L. B. in the prison aforesaid whose body they have ready according to the Tenor and Exigency of the writ aforesaid to this schedule annexed which being seen read and by the same cheif Iustice understood the same L was committed to the custody of Allexander Harris Esquire VVarden of of the prison of the said Lord the King of the Fleet being then present in his proper person for the occasions aforesaid there to remain until c. which said Leonard the said VVarden then received into his custody into the prison aforesaid for the occasions aforesaid to remain untill c. Which said commitment of the same Leonard unto prison the same Cheif Iustice the said fifth day of July that same Terme delivered here into Court with his owne proper hands to be enrolled upon Record c. Entry of a Commitment to the Fleet brought by the Sheriffs of London in their custody in vacation time P 1 Car. Regis rot 5010 London ss It was commanded the Sheriffs that the body of I. M. c. before Henry Hobart Knight and Baronet Cheif Iustice c. at his Chamber c. immediate c. As in the Writ next before which writ bore Teste 10. Aprilis apud Camer praedictam Anno Kegni Car. Reg. primi propter mortem Regis Jacobi super 27 diem Martii 20 precedend Afterwards to wit _____ day of Aprill Anno Rigis nunc primo before the same cheif Justice at his Chamber aforesaid came the same John in his proper person under the custody of the said Sheriffs and the same Sheriffs reciting the Return whereupon the same I by the said cheif Justice then and there was committed to the prison of the Fleet c. to remain untill c. which said commitment c. as in the next before afterwards to wit the fourth day of May that same Terme c. which was the first day of the same Terme following c. Entry of a commitment of a prisoner to the Fleet in Terme time brought to the Bar by Habeas corpus P 1. Car Regis rot 700. Brownlow London ss It was commanded the Sheriffs that they should have before the Justices of the said Lord the King now here to wit at Westminster on Satturday prox post Cr. Assen Domini the body of W. R. c. And now here at this day came the sayd W. in his proper person under the custody of the same Sheriffs and the Sheriffs to wit c. shewing the Return whereupon the same W. R. by the Court of the King here is committed to the prison of the Lord the King of the Fleet for the occasions aforesaid there to remaine untill c. One who forged a Cirographe of a fire supposed to be levied in the Common Bench where no such was levied was brooght to the barr by a Habeas corpus and upon his own confession and examined was taken in the County by speciall commissions and read in Court be was committed to the Fleet fined at C I. H 6. Jac. rot 1002. Hereford ss It was commanded the sheriff that he should have here at this day to wit on Friday next after the morrow of the Purification of the blessed Mary the body of Philip Philpot of Rosse in the County aforresaid Gent. in the prison of the Lord the King under the custody of the same Sheriff detained to answer the Lord the King now upon those things which to him on the behalfe of the said Lord the King should be objected and to do and receive what the Court of the Lord the King here shall consider of him in this behalfe And now here at this day came the same John in his proper person by the sheriff of the County aforesaid to the barr here brought and the same Sheriff to wit John Kirle Esquire then here returned that hee by vertue of the Writ aforesaid to him directed the body of the said Iohn hath ready here at this day as by the same Writ it was commanded him c. whereupon one Iohn Brewster one of the Clarkes of _____ Chirogapher of the Court of the Common Bench here on the behalf of the said Lord the King now giveth the Court here to understand and to be informed that the same John after the last generall pardon of the Lord the King now in the Parliament held at Westminster aforesaid the fifth day of November in the third year of his Reign falsely and corruptly procured one Adam Launder to write in parchment indented to the like form of the Cirographer of fines in the Court here levied the Cirographie of the same Fine betweene Tho Holland and Thomas Woodward Plaintiffs and one Edw. Woodward Deforceant of Tenements in the County of Worcester whereas in truth there was never any such Fine between the parties aforesaid of the Tenements aforesaid levied nor any Cirographie of any such fine by the Cirographer of this Court made and the same Cirographie so written for a true and just Cirographe of a fine levied of the Tenements aforesaid between the parties aforesaid published and delivered to the same Thomas Holland receiving of the same Thomas Holland therein fifty shillings falsely and in deceit of the Court aforesaid and in contempt of the Lord the King now c. as if it had been duely made by the Chirographer of the same Court here and because as well by the examination of the said John Powell of the same Adam Launder before Robert Pye of Hereford and Thomas Connisby Knight and in Court here openly read as by the proper acknowledgment of the same John Philpot here in Court made who hath confessed his falsity and deceipt aforesaid it evidently appeareth upon the same information of the said John Brewster on the behalfe of the Lord the King against the said Iohn Philpot in forme aforesaid made to be true therefore the same Iohn P. for his falsity and deceipt aforesaid by the Court here is committed to the prison of the Lord the King of the Fleet there to remain untill the Court here shall consider of his corporall punishment c. And further the same Justices here do assess for a fine upon the said I Philpot for his falsity deceipt and contempt aforesaid in this behalfe done and committed to be forfeited
to the Lord the King now to a 100 l. c. M. 28. Hen. 6. Rotulo 315. Wydestade Be it remembred An Attorney committed to the Fleet and fined at 13 s. 4 d. for that he prosecuted a Capias in Trespasse no originall was filed to warrant the same writ of Capias P. 20. H. 6. rot 325. tiel T. 20 H. 6. fol. 37. pl. 6. T. 27. H. 6. fol. 378. M. 5. and 6. P. and M. rot 993. that the sixth day of Novembar that same Terme it is given to the Court here to understand that one Iohn Wellis one of the Attorneyes of the Court of Common Bench here falsely and deceitfully a certaine Writ of the King supposing that Writ from the Roll of Iohn Wellis one of the Prothonotaries of the Bench here of that same Terme Rotulo 110. to have issued whereas it did not so issue The Tenor of which said Writ followeth in these words Henry c. reciting the Capias wherefore he brake the Close c. Teste I. P. at Westminster the fourteenth of October Anno 28. Rotulo Carolus 20. Whereupon the files of Writs being searched of the said County of Hereford of that same Terme here in Court filed no Orginall Writ nor Roll received here in Court which ought to warrant the said Writ whereupon the same Iohn Wellis being solemnly called as the custome is to call the Attorneyes in his proper person appeared and upon his oath by the Court here examined expressely acknowledged that he wrote the sayd Writ to take Henry Collet and sealed it with the Kings Seale of the Bench here no Originall Writ whereupon the same Writ ought to be warranted returnable in Court here nor in the Roll aforesaid nor in any other Roll in that same Terme is enrolled for which the same John VVellis present here in Court for his Fasehood and Deceipt is committed to the prison of the Lord the King of the Fleet there to remain untill c. Afterwards to wit the day of N that same Term the same I.W. came again here into Court under the custody of the Warden of the prison aforesaid brought here to the Bar and prayeth to be admitted to make a fine with the King here by occasion of the premisses and he is admitted for thirteen shillings four pence which the same I payed here in Court which are assigned and payd to the Sheriff of Middlesex for divers Reparations c. T 35 H. 6. Rotulo 494. Last Roll Be it remembred That for as much as great Troubles Subtilties Falsehoods and Deceipts have been caused and done before this time in the Kings Court of Common Place as well for lack of attendance of the Officers of the same place as by commers and sitters within the same which be not sworne nor have to do within there be certaine orders made at the Utasse of Saint Iohn the Baptist the year of the Raigne of King Henry the sixth after the Conquest 35. by Iohn Prisot cheif Justice of the said place by the advise of all the Judges of the same in Forme following FIrst That every Prenotary Filoser Exigenter Kings Clarke and every other Officer of the same place such as they and their predecessors have used to occupy their Offices in their proper persons and they or their Deputies sworne that have used to occupy their Offices by their Deputies from henceforth attend upon their said Offices in their places accustomed for the same and occupy them in their proper persons upon payne of Forfeiture and Leesing of their Offices Alway foreseen that if any of the sayd Officers or Deputies for sicknesse or other cause reasonably be licenced or had excused by the Cheife Justice of the same place for the time being that he be not prejudiced by this Ordinance ITem That none of the said Officers nor Deputyes take upon them to license or to set any Clerk or other in any of their places or by them to occupy in their said Offices or for any other cause without License of the Cheif Justice for the time being saving such as have been accustomed to have their Clarks sitting by them that is to wit every of the Prothonotaries two Clarkes for the Clarke of the Stretes two Clerkes for the Keeper of the Writs or his Deputy one Clark upon paine of Imprisonment and making fine to the King therefore neither that no man take upon him to sit within the said Common place that is none Officer nor hath no place within without leave of the said cheife Justice or Justices upon the same paine ITem That no Attorney nor no other make any manner of Writ or Processe in any Officers name of the same place saving only every Officer in his own name nor intermeddle with any other ones office nor of any other thing that pertaineth thereto without leave of the cheife Iustice of the said place for the time being or of the same Officer in whose name he writeth and that he the said Officer will allow and affirme the same upon paine of Imprisonment and making Fine to the King as aforesaid P 4 Car. rot 1236. Brownlow ss Be it remembred Commitment of an Attorney t rown over the bar for diverse falsities that the tenth day of May that same Terme for that it manifestly appeared to the Court here upon the examination of diverse faithfull persons and upon other matters here in Court brought that William Juby one of the Attorneyes of this Court had unduely prosecuted divers Writs of Capias without any Originall writs out of the Chancery obtained to maintain the issuing out of such Writs of Capias in deceipt of the Lord the King now and of this Court and that the same William Juby had impleaded diverse Subjects of the Lord the King without any just causes but only for vexation and some of them through the multiplicity of Arrests are compelled to agree with the same William Juby to redeem their vexations And that the same William Juby diverse Falsehoods Deceits and Misdemeanours committed and perpetrated to the hurt and vexation of divers subjects of the Lord the King dwelling in the Counties of Norff. Suff. against the oath by the same William taken when the same William was admitted to the office of an Atrorny in this Court Therefore it is considered by the Court here that the same William Juby be altogether forejudged from the office of an Attorney in the court here that in the Office of an attorney from henceforth he should not intermeddle but his priviledge therein should altogether loose and that his name out of the Roll of Attornies of this Court be blotted out And the same William by the cryers of the court was put out of the Court here beyond the Bar and committed to the prison of the Lord the King of the Fleet there to remaine untill the Court here should othewise consider c. Debt Entry of a Writ Ad levand debin de bonis inobil Cli.
Jac. Rot. 1510. It is thus contayned Mid. ss It was commanded the sheriff whereas G. B. of Cobham in the County of Surry gent. had prosecuted a certaine Writ of the Lord the King of Audita querela to the Justices of the Lord the King here directed against one I. D. Doctor of the Lawes upon a certain judgment in the Court of the said Lord the King of the Common Bench here given for the same Iohn against the said O. given aswell of a certaine debt of 200 l. as of 33 s. and 4. d. for his damages which the same I. had by occasion of detayning of that debt by the same Iohn against the said O. in the same court of the said Lord the King here rccovered and the same O thereupon afterwards to wit the 29. day of May An. Rs. c. 7. out of the same Court had obtayned a certaine writ of the said Lord the King directed to the sheriff of Suss against the same Iohn to premonish the said Iohn of being before the Justices of the said Lord the King here to wit at Westminster such a retorn the next following to answer to the said writ of Audita querele And further to do and receive what the Court of the Lord the King shall consider of him in that behalf and whereas also afterwards to wit the said 29. day of May An 7. abovesaid in the same Court before the Justices of the said Lord the King at Westminster came E. M. of c. G. M. of c. T. W. of c. and R. E. and undertook and every of them did undertake for the same O. in the summe of 200 l. and the same O then present in the same Court undertook for himselfe in the summe of 500 l. to prosecute the said writ of Audita querela with effect and if it shall happen judgment against the said O. in this behalfe to be given that then the same O. should satisfie to the same I. of the debt and damages aforesaid in the same Court recorded which said summe of 500 l. the said Owen acknowledgeth of his Lands and Chattles to be made and to be levied to the use and behoofe of the said Iohn And which said severall sumes of 200 l. every of the Mnucaptors aforesaid acknowledge of their Lands and Chattles and every of them to be made if it should happen the said Owing to make default in any of the premisses and thereof to be lawfully convicted and although afterwards to wit in the morrow of the holy Trinity An. Rs. c. 8. after the appearance of the said Iohn to the writ aforesaid made in the Court of the said Lord the King before his Justices here to wit at Westminster by the judgment of the same Court it was considered that the said Owing shall take nothing by the said writ aforesaid but should be in mercy for his false clamor therein And that the said Iohn should goe therein without day c. and prosecute for his execution if to him it should seem expedient Neverthelesse the said Owing of the said 200 l. of the debt aforesaid the said 33 s. and 4 d. for the damages aforesaid hath not satisfied to the said Iohn neither the said Owing the said 500 l. by him in Form aforesaid acknowledged to the said Iohn hitherto hath not paid nor the same Edmond George Thomas Robert or any of them the said 200 l. by them severaly in Form aforesaid acknowledged of their lands and chattles to the same I. D hitherto hath paid as by the information of the said Iohn the King understandeth And because c that by honest c. he make knowne to the said O. E. G. T. and Rob that they should be here at this day to wit 15 Pas to shew if any thing c. to wit the same O wherefore the same 500 l. by him in Form aforesaid acknowledged of his lands and chattles and the same E G. T. and R. wherefore the same 200 l. by them severally in Form aforesaid acknowledged of their Lands and Chattles ought not to be made and rendred to the said Iohn according to the Forme of the acknowledgment aforesaid if c. At which day here came the said John by I N his attorney and offered himself the 4. day against the same O. E. G. T. and R. in the plea aforesaid and they being solemnly called came not and the sheriff now retorneth that they have nothing c. nor are found c. Therefore as before it was commanded the sheriff that by honest c he should make knowne to the said O. E. G. T. and R. that they should be here 15 Pas to shew in Form aforesaid c. At which day here came aswell the same Iohn by his Attorney aforesaid as the said O. E. G. T. and R. by Oth. Gager their Attorney and the sheriff as before retorneth that they have nothing c. nor are to be found c. And hereupon the same Iohn prayeth execution against the said Owin of the said 500 l. by the same O. in Form aforesaid acknowledged and against the same Edmond for the same 200 l. by the same E. in Forme aforesaid acknowledged and against the said George for the said 200 l. by the same George in Form aforesaid acknowledged And against the said Thomas of the said 200 l. by the same Thomas in Form aforesaid acknowledged And against the said Robert of the said 200 l. by the same Robert in Form aforesaid acknowledged to him to be adjudged c. and the same O E. G T. and R. praylicence to imparle and have it c. At which day came here aswell the said Iohn as the said O. E. G. T. and R. by their attornies aforesaid and hereupon the same Iohn as before prayeth judgment and execution against the said O. E. G. T. and R. of the said severall summes by them in Form aforesaid acknowledged to him to be adjudged c. And the same attorney of the said O. E G T. and R. saith that he is not informed c. therefore it is considered that the same I. D. have execution against the same O for the said 500 l. by the same O. in Form aforesaid acknowledged and against the said Ed. for the said 200 l. by the same E in Forme aforesaid acknowledged and against the said George for the said 200 l. by him in Forme acknowledged And against the said Thomas for the said 200 l. by the same Thomas in Forme aforesaid acknowledged And against the said Robert for the said 200 l. by the same Robert in Form aforesaid acknowledged c. T 10. Jac. Rot. 338 Walter Staff ss It was commanded the sheriff Entry of a speciall writ of Scire facias where the lands are extended for the Pâ— but the sheriff saith that he extended the same Lands upon an other Elegit and delivered them to the party and that he cannot deliver them to the pâ— now
said morrow after all Soules An. 35. of the said late Queen abovesaid which day the judgment aforesaid was given was seised in his Demesne as of Fee And that no writ of Scire facias issued out of the Court here directed to the sheriff of Dor. to premonish the same Tenant of the Mannor and Tenements aforesaid of being here so that execution of the judgement aforesaid may be don upon him if it can and this they are ready to verifie whereupon they pray judgment and a Writ of Scire Fac. against the Tenant of the Mannor and the Tenements aforesaid in the same County of Do. at the prosecution of the said I. Awbery and Sarah to be directed to the same sheriff of Dor. to issue out of the court here to premonish the same Tenant of the mannor and Tenements aforesaid which were of the late Earle of Darb. of being here to answer of and upon the premisses The same Earle of Bridgwater and Francis pray that a Writ of Scire Fac. may issue out of the Court here to premonish the same Tenant of the Mannor and Tenemants aforesaid in the County of Do. being here c. To shew in Form aforesaid c. ANd the same Iohn and Sarah that they by any thing before alleadged from having their execution aforesaid against the said Earle of B. and F. for the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances whereof the same Earle and Francis are above retorned Tenants Replication and Travers without that that the Debtor was seised in fee of those lands at the time of the judgment ought not to be hindred because they say that long before the judgment aforesaid given in Form as aforesaid the said Edward late Earle of Derb. was seised of the said mannor of Sturmister Marshalls and Tenements in Fee and being so thereof seised and afterwards and before the judgment aforesaid to wit 12. Aprill An. 3. and 4. Ph. and Mary of the same mannor and Tenements infeoffed W. M. and I. E in Fee to the uses of H. S. Seignior Strange and Margaret for their Lives and the life of every of them and after their deaths to the use of the heires of the said H. of the body of the said M. begotten or to be begotten and for default of such heires males to the use of Edward Earle of Derb. and the heires of his body lawfully begotten and for default of such issue to those of the right heires of the said Edward Earle of Derb. a tout jours and shew that the said Henry and Margaret had issue the aforesaid Fardinand Earle of Darbey and died seised c. by which the said Fardinand entred and was seised in speciall Taile to wit c. And being so thereof seised the judgment aforesaid upon the said writ of Scire facias above specified was had against the same Fardinand then seised of the said Mannor and Tenements aforesaid with the appurtenances in his demesnes of Fee to wit to him and his heires males of his body lawfully proceeding And the same Fardinand being so thereof seised the same Fardinand after the judgment aforesaid given at Brackly aforesaid died of such his estate thereof seised without heire Male of his body lawfully proceeding without this that the said Fardinand late Earle of Derb. at the same Cr. Anim. An. 35. abovesaid was seised of the said Mannor of S. M. to the Tenements aforesaid with the appurtenances in S. M. in his demesnes of Fee as the same Earle of Bridgwater and Francis have before alleadged Travers and this they are ready to veryfie whereupon they pray judgment and their execution aforesaid against the same Earle of Bridgwater and Fr. of the Debt and Damages aforesaid of the tenements aforesaid with the appurtenances whereof the same Earle and Francis are above returned Tenants to them to be adjudged c. issue upon the Travers Issue upon the Travers and a ven fac awarded to the sheriff of Do. of the neighbourhood of Sturnister Marshall quaere if it ought not to have beene of the Mannor c. P 20. J. Rot. 2075. Buk ss Whereas Samuel Cowper and Iohn Sanders executors of the Testament of Antony Cowper Gent Entry of a Sci. Fac. against â—eâ—tâ—enants of lands c. tempore judiciireddit And divers tenants of divers lands a e retorned who came not and a writ of Elegit is awarded of the moyety of the lands whereof they were retorned tenants H 39. Eliz. rot 2336. lately in the Court of the Lord the King now to wit in Trinity Term An. 19. before Henry Horbert Knight and Baronet and his associates then Justices of the said Lord the King of the common Bench here to wit at We. by the consideration of the same Court had recovered against Ric. Gosnold late c. otherwise called R. G. of c aswell a certaine Debt of 40 l. as 60 l. which to the same S. and I. in the same Court of the King here were adjudged for their Damages which they had c. whereof he is convicted As by the Record c Execution neverthelesse c. And the same Richard is dead as by the information of the said Samuel and Iohn the King understandeth and because c. that by honest c. he should make knowne to the Tenants of the lands and Tenements in your Bayliwick whereof the same Richard was seised in his demesne as of Fee in Cr. S. Trin. last past on which day judgment aforesaid was given or at any time afterwards that they should be here at this day to wit Quinq Pas to shew if any thing c. wherefore the same Samuel and Io. Execution against them for the Debt and Damages aforesaid of the Lands and Tenements aforesaid ought not to have according to the Form of the recovery aforesaid if c. And now here at this day came the same S and I. by Iohn Andrews their attorney and offered themselves the fourth day against the Tenants of the Lands and Tenements which were of the said Richard at the time of the judgment aforesaid given or at any time afterwards in the same plea Scire fac to severall ter-tenants of divers lands and tenements 2. of whom make default And they being solemnly called came not and the sheriff to wit Iohn Denham Knight now retorneth that by G. B. and G. G. honest c. he make knowne to Eliz. G. widow Tenant of one capitall Messuage c. in Becconfeild aforesaid c. and also to one R. G. Gent. an other Tenant of one capitall Messuage or Farm c. And to Susanu G. and T. G. Tenants of one Messuage c. and to Thomas G. Gent. Tenant of one Messuage or Inn c. And also to one Ia. Necton Esq Tenant of one Messuage c. which were of the said Rich. Goswold in Fee-simple at the time of the judgment given and afterwards And hereupon the same Sam. and Io.
die in sancti Martini in 15 dies to shew if any thing c. wherefore he so many cattell to wit three Geldings four Oxen five Cowes seventy sheep and one Calfe or the price of them for the insufficiency of the pledges aforesaid and against the Forme of the statute in this case provided taken to the same Edmund Travers in the name of the return of the cattell aforesaid by him first taken and by the same R. Raye eloyned ought not to be rendred according to the Form of the statute aforesaid if c. At which day here came as well the said Edmund Travers by his Attorney aforesaid as the same R. M. premonished c. by George Bretton his Attorney and hereupon the same Edmund Travers prayeth that the same R. M. the cattell aforesaid to wit as above and the same M. by Henden serjeant in Law demurreth And for cause sheweth that it appeareth not for the said writ of scire facias whether the pledges aforesaid were taken by the same R. M. then sheriff of the said county of Surrey being upon any plaint before the same Sheriff in the County Court of the said County of Surrey by the same R. Ray against the said Edmond Travers before then levied or upon any writ of the said Lord the King De averiis Replegiand issuing out of the Court of Chancery of the said Lord the King as by the statute therein made is provided and also that the plea aforesaid and the proceedings in the same plaint whereupon the pledges aforesaid are supposed to be found do not appear in the same writ of Scire facias as they ought to appear and this he is ready to verifie whereupon for Defect of sufficient writ of Scire facias in this behalfe the same R. M. prayeth judgement and that the said Edmund from having returne of the cattell aforesaid against the said R. M. may be barred c. Harris Serjeant joines in demurrer Note Reader That the Owner of the Originall copy converted this writ in the beginning thereof to wit from of which said taking c. untill at Westminster aforesaid had for defect of which matter the Defendants councill demurred in Law and shewed the causes but the Record is as the originall Scire facias is As also for his own learning and because of the president 21 Ed. 4. fol. 30. Fitzh sci fac 113. 27 H. 6. fol. 7. Ibidem pl. 34. 9 E. 4. fol. 50. were vouched to maintain this Scire facias because it is _____ of the said Lord the King Fest remed and the plaintiff therein shall recover no damages which is for the benefit of the Defendant H 22. Iac. rot 2426. Etntry of a writ of Scire fac in debt for the demandant against a st anger wherby he afer a recovery had against the tenant and before execution sued enters into the third part recovered by writ of dower unde riens avorit The tenant dieth Brownlow Essex ss In was commanded the sheriff whereas Iohn Frith and Agnes his wife lately in the Court of the Lord the King now to wit in Easter Terme An. Regni c. 22. before Henry Hobert Knight and Baronet and his associates then Iustices of the said Lord the King of the Common bench here to wit at Westminster by the consideration of the same Court had recovered their seisin against Samuel Ram of the third part of Tenn acres of wood with the appurtenances in Dagenham as the dower of the said Agnes of the indowment of William Humphery her late husband by our Writ of Dower unde ni chil hat c. As by the record and proceedings therin in the same Court of the King here remayning it manifestly appeareth And the same Samuel is dead and one Mary Ram widow is entred into the third part aforsaid with the appurtenances and holdeth the same against the Form of the recovery aforesaid as by the information of the same Iohn and Agnes the King understandeth and because c. that by honest c. he should make knowne to the said Mary that she should be here at this day to wit in 8. Pur. beatae Mariae to shew if any thing c. wherefore the same Iohn and Agnes An estranger enters into the lands recovered and holds them against the recovers seisin execution of the third part aforesaid with the appurtenances against her ought not to have according to the Forme of the recovery aforesaid if c. And now here at this day came the same Iohn and Agnes by G. P. their attorney and offered themselves the 4. day against the same Mary in the plea aforesaid and she being solemnly called came not and the sheriff to wit Scire fac returned Iudgment that the demandant have execution of the third part by default c. Edward Botler Knight now retorneth that he by vertue of the Writ aforesaid to him directed to Iohn Humfery and Humphery Clark honest c. hath made knowne to the same Mary Ram widow that she should be here at this day to shew in Forme aforesaid c. therefore it is considered that the same I. and A. have seisin and execution against the same Mary of the said third part aforesaid with the appurtenances by default c. H 22. Jac. Rot. 1688. Brownlow Midd. ss The sheriff was commanded whereas Thomas Holt lately in the Court of the Lady Eliz. late Queen of England to wit Entry of a writ of Scire fac upon a judgment in a writ de annuo redditu to have execution de arreragiis incuâ—sis after judgment P 10 H 4 rot 123 rot 224 127 tiel 12 H 7 8 40 E 3 4 11 H 4 34 6 E 6 134 13 2 H 6 9 Pl. 6 23 H 8 fo 5 Br. No cases 28 accord with this Scire fac execution 119. Scire fac 203. in the terme of the holy Trinity in the yeare of the Reigne of the said late Queen 32. before James Dyer Knight and his associats then Justices of the said late Queen of the common Bench at Westminster by the course of the same Court had recovered against Iohn Bradshaw late of Bradshaw in the County of Lanc. Esq otherwise called c. a certaine annuall Rent of 80 s. to the same Tho. and his associets for term of life of the said T. at the severall Feasts of the Nativity of St. Iohn the Baptist and the birth of our Lord by equall portions to be paid yearly as by the Record and proceedings therein in the same Court of the Lord the King now here remayning it manifestly appeareth And 20 l. in arrearages of the yearly rent aforesaid after the judgment aforesaid given for five whole yeares ended at the Feast of S. Iohn the Baptist An. Regni c. 22. to the same Thomas are in arreare and not paid as by the information of the said Thomas the King understandeth And because c. that by honest c. he should
in Forme aforesaid published and the judgment thereupon by the said Coroners given they have here at this day to wit in Oct. S. Trin. That the same justices may doe therein what of right and according to the Law and custome of England ought in this behalfe to be done and now here at this day came the same W. H. by W. B. his attorney and because the Coroners of the County aforesaid the writ aforesaid which was otherwise delivered to them to be executed in Form of Law had not here at this day Miserec XL s. Therefore the said Coroners to writ H. T. and I. L. in Miser And are fined by the Iustices here at 40 s. P 12. Jac. Rot. 2243. Goldesbursh Montgomery ss E. P. Esquire sheriff of the County aforesaid for that he returned not here in court a certaine writ of Capias utlagat against M. P. at the suite of R. O. Kni. in a plea of Debt retornable before the Justices here Mens Pas that same Term. in mercy c. And is fined by the Iustices aforesaid at 60 s. See Grislyes case Cok. 8. fo 40. B. according to the old book of entryes title record M. 27. H. 7 rot 531. Amerciament det ver at 10 l. for not returning the Habeas Corpus Jur. Devant the Justices de Nisi prius P 13. Jac. rot 733. Brownlow Sar. ss Reversall of an Utlary for insufficient return of a Certiorare It was commanded the sheriff that he should not omit for any liberty of his county but that he should take H N. of c. utlawed in London on Monday next after the Feast of S. Leonard the Abbot An. regis c. 12. at the suite of Henry Breton in a plea of debt if c. so that he might have his body here at this day to wit A dâ—e Pas in 15. dies To do and receive what the court of the King here should consider of him in this behalfe and now here at this day came the said Henry N. in his proper person and the sheriff to wit Rowland Traps Esquire now retorneth that he by vertue of the said writ to him directed took the body of the said He. N. whose said body he now hath here ready as by the said writ it was commanded him c. And hereupon the said Henry N. prayeth the hearing of the writ of Cerciorare whereupon the utlawry aforesaid by Iohn Gore and William Gore then sheriffs of London To the court of the Lord the King here was certified and to him it is read in these words London ss we I. G and W G. sheriffs of London do certifie to the Justices of the Lord the King at Westminster in the writ to this schedule annexed specifyed that searching the roles records and other memorables being under our custody we find in the same that Henry N. of A. in the County of Sur. Esquire in the writ aforesaid named put in the hustings of London being five times called and not appearing he was utlawed in mannor as followeth That is to say at the hustings of the Common pleas held in Guild-hall in the City of London upon Monday next after the Feast of c. An. Rs. c. 12. the said Henry N. was the first time called and appeared not and at the bustings of the Common pleas held in Guild-hall c. on Munday next after the Feast c. An. Sup. the same H. was the second time called and appeared not The answer of H. Iay and T. B. sheriffs That writ as above indorsed was delivered subscirbed to the sheriffs by the said sheriffs at their departure from theire office At the hustings of common pleas held at Guild-hall of the City aforesaid on Munday next before the Feast c. An. Supr the said Henry was the third time called and appeared not At the hustings of the common pleas held c. The said Henry was the fourth time called and appeared not at the husting c. The said Henry was the fift time called and appeared not Therefore he was utlawed The answer of P. P. and M L. sheriffs and this is the utlawry in manner and Forme as it is published against the said Henry Nudigate which we have ready before the Justices at the day and place contayned in the same writ according to the intent of that writ The answer of Iohn Gore and William Gore sheriffs which being read and heard the same H. Nudigate saith that he is injured in this behalfe and that by the law of the land ought not to be charged with the said utlawry because he saith that in the retorne aforesaid between these words said sheriffs a certaine materiall word is omitted to wit late so that by the omission of the said word it doth not appeare by the returne aforesaid by which sheriffs the said Henry N. was the third fourth and fift time called or by the said sheriffs now or by the said late sheriffs as it ought to appeare by the said retorne For that cause the said returne is insufficient in Law and this he is ready to verifie whereupon he prayeth judgment that he may be discharged from the said utlawry whereupon the said return being seen and by the said Justices here being fully examined and understood It seemed to the Justices here that the allegation of the said H. N. is true in his discharge from the utlawry aforesaid therefore it is considered that the said utlawry be adnulled and altogether taken for nothing And that the said H. N. for that occasion be unmolested not in any thing grieved But goe therein quiet c. Vtlary reversed for variance between the Record and the writ of Exig fac T 7. Jac. rot 3608. Brownlow Sussex ss It was commanded the sheriff and so recite the Capias utlagat as in the next before as by the said writ to him it was commanded c. which said Francis being so taken and had prayeth bearing of the writ of Exigent whereupon the same F. at the suite of the said W. in Forme aforesaid is utlawed And it is read unto him in these words James by the Grace of God c. reciting the writ and Test untill you come to and of Scotland the XL. he also prayeth the hearing of the record whereupon that writ Issued And it is read unto him in these words ss It was commanded the sheriff that he should take Francis Challoner late of c. in the county aforesaid Esquire otherwise called F. C. de L. in the County of Sussex Esquire if c. and safely c. so that he shall have his body c. and so recite the whole entry untill you come to in Forme of Law to be executed c. which being read and heard the said Francis saith that he is injured in this behalfe and that he by the law of the land ought not to be charged with the utlawry aforesaid because he saith that there is manifest variance between
that the moyety should be redelivered remayneth against the said I.N. thereof without defence Therefore it is considered that the said I. N. of the moneys received by the same I. aswell for the issues and profits of the moyetyes aforesaid as of the woods and under-woods aforesaid in the said moyety late growing by the same I. N. cut downe and sold should account with the said T. B. And also that the moyety of the Tenements aforesaid with the appurtenances should be redelivered to the said T. B. And hereupon the same T. B. prayeth a Writ of the Lord the King and of the Lady the Queen de Reliberand to the same T. B. the moyety aforesaid to the said sheriff of Warr. to be directed and it is granted him retornable in Cr. S. Martin c. Entry of a Venire facias direct d by the 〈◊〉 of the common Bench to the keeper of the Pallace of the Lord the King of West who is the warden of the Fleer to retuâ—ne a Iury of attornies of the Common Bench to inquire of all misdemeanours done in the same Court ss It was commanded the Keeper of the Pallace of the Lord the King of Westminster that he should cause to come before the Justices of the Lord the King of his Bench here the 29 day of November that same Term 12 attornies of the Court of the Common Bench here whereof every one of them should have 100 s. in lands Tenements or rent by the yeare at the least by whom the truth of the matter might be the better knowne to inquire upon theire oath of all Felonies Falsehoods rasures and deceits whatsoever in the court of the Lord the King here done or committed c. At which day W. B. Esquire keeper of the pallace aforesaid retorneth here a certaine Paunell with the names of the Jurors c. 16. of whom to wit W. K. c. are elected and sworne to inquire of and upon the premisses whreupon further day is given to them by the Court here to inquire of and upon the premisses here untill Cr. Pur. At which day here came the said Jurors And hereupon for certaine causes the Court here moving further day is given them by the court here to inquire of and upon the premisses untill tres Sept. Pas At which day here came the Jurors aforesaid who say upon their oath that whereas otherwise to wit in the Term of S Hillary An. Rs. nunc 17. before Io. Br. Knight and his associats then Justices of the Lord the King of the Common bench at Westminster one 1. Allen Knight prosecuted a certaine account of debt against Robert Hodgson late of Presentment made by the inquest of the attornies c. Gent upon demand of 20 l. And the same R. in the said Court by R Swinlow his attorney appearing in the defence by him made saith nothing in Bar of preclusion of the action of the said I. A. aforesaid for which it was then considered there that the same I. should recover against the said R. his debt aforesaid and his damages by occasion of the detayning of that debt as it appeareth in the same Term rot 325. and the same R. afterwards for that cause was put into the Hustings of London to be utlawed and for that cause afterwards was utlawed as it doth appeare in Trinity Term An. Rs. nunc 18. rot 260. and afterwards to wit 12. November An Rs. nunc 21 at Westminster in the county of Midd. in the Tresure-house there whereunto the records of the Lord the K. belong to the Common Bench under the custody of Geo. Roll Clearke of the Tresury aforesaid were kept these words or sayings to wit Wassan and Sinhowe by the procurement of the said Ro. Hodgson were rased to the intention to vacat and altogether to make null the utlawry aforesaid and of the same word or saying called Wassand was made warrand and of the same word or saying of the name of the attorney of the said Robert Hodgson called Swinhow the letter H. at the end of the same Writ was cased and abstracted and the letter H. was made the letter B. so that the name of his attorney on the plaint aforesaid by the procurement of the said Ro. Hodgson by reason of the said rasure now is Swinbowe in contempt of the Lord the King but who or whom rased that record the Jurors hithrto are altogether ignorant and hereupon the Jurors aforesaid have further day to inquire of and upon the premisses to wit untill the feast of St Iohn Baptist then next following c. At which day here came the Jury aforesaid and upon this day is further given to the Jury aforesaid to inquire of and upon the premisses here untill 15. Mich. then next following c. Withernam P 44. Eliz. rot 1201. ss It was commanded the sheriff Entry of pledges of new after withernam and warding of second deliverance and awarding of a writ ad Deliberan averia capt in Withernam upon an nonsuit beore appearance whereas W. H. bad been summoned to be in the Court of the Lady the Queene here to wit at Westminster to answer I K of a plea wherefore he took a certaine Oxe of the said I. and him unjustly detayned against sureties and pledges c. The same I. afterwards in the same Court of the Lady the Queen here to wit at Westminster made default by which it was considered in the same court of the said Lady the Qu. here that the same I and his pledges of prosecuting should be thereof in mercy And that the same W. should goe thereof without day and that he should have retorne of his Oxe aforesaid whereupon it was commanded to the same sheriff 30 H 8 Dier so 41. Pl 4 and fo 59. Pl 14 Pasch 27 Eliz rot 1134 entry of a w it of Capias in withernam in like case H. 19 7 rot 401. like entry P 44 Eliz. rot 1935 inter L and P and others that without delay he should make retorne of the said Oxe to the same W. And should not deliver him at the complaint of the said I. without a Writ of the said Lady the Queen that of the said judgment should make expresse mention And in asmuch c. he should make appare here in Cr. Pur. last past And the same sheriff to the Justices of the said Lord the King here at this day retorned that before the comming of the Writ aforesaid the said Oxe was inlarged by the same J. to places altogether to him unknown so that he could not make retorne of the Oxe aforesaid to the said W as by the said Writ to him is was commanded Therefore c. that of the cattle of the same I. to the value of the Oxe aforesaid before taken he should take in Withernam and should deliver them to the said W. to hold to him untill the Oxe aforesaid before taken could be retorned And that he should put by Sureties and
the Form of the statute aforesaid untill he shall have levyed the debt and damages aforesaid And in as much as that command shall be executed he shall make appeare here in Cr. Anim. by the letters of the same Bishop sealed c. T 18. Iac. Rot. 3057. Brownlow Essex ss Whereas Iohn Hill lately in our court before our Justices at Westminster by the consideration of the same court had recovered against Mary Wroth late of London widdow otherwise called M. W. c aswell a certaine debt of 400 l. as 80 s. which c. whereof she is convicted the said Iohn afterwards came into our said court and by the statute c. chose to be delivered to him all the goods and chattles of the said Mary besides Oxon and cattle of her plough and likewise the moyety of all her lands and tenements of which the same Mary in Crastino S. Trin. last past upon which day the judgment aforesaid was given against her or at any time afterwards was seised without delay Entry of an Elegit after an elegit he should cause to be delivered to the same Iohn by reasonble price and extent to hold to him the goods and chattles aforesaid as his proper goods and chatties and also to hold to him the moyety aforesaid as his free tenement to him and his assignes according to the form of the statute aforesaid untill the debt damages should be levied thereof and in asmuch c. he should make appeare to our Justices here at Westminster in Cr. Pur. S. Mariae last past And you at that day returned to our Justices at Westminster a certaine Inquisition taken before you at S. L. in your county the 12. day of Dec. last past by the oath of 12. c. taken by which it is found that the same Mary at the said Cr S. Trinitat and after that day was seised in her demesnes of Fee tenant for terme of life of and in the Mannor and cheife mesuage of L. al. L. with all their right members and appurtenances c. And further that the same Mary at the said day of the judgment aforesaid given or at any time afterwards had any other goods or chattells or any other or more Mannors lands tenements in your County which to the knowledg of the Jurors of the Inquisition aforesaid could be extended or appraised you further retorned to our Justices at the same day that none came to you on the behalf of the said Iohn to pray deliverance to be made to him of the moyety of the mannor and Tenements aforesaid by the inquisition aforesaid found so that to further execution of the said writ you could not proceed whereupon the same Iohn came into our said Court saying that the same Mary a the time of the judgment aforesaid given and afterwards had divers lands and Tenements in your County to the value of 40 l besides the Mannor and Tenements in the inquisition aforesaid specified and also was possessed of divers goods and chattles to the value of 100 l. which you could have extended and apprised and delivered to the same Iohn And therefore wee command you as more times we have commanded you that all the goods and Chattles of the same Mary besides Oxon c. And likewise the moyety c. besids the same mannor and Tenements in the Inquisition aforesaid specified of which the same Ma. at the time of the judgment aforesaid given or at any time afterwards was seised possessed of and also the moyety of the Mannors and Tenements in the inquisiton aforesaid specified you cause to be delivered to the said Iohn by reasonable price and extent to hold as his Free tenement to him and his assignes according to the form of the statute c. untill the debt and damages be thereof levyed And in asmuch as you shall have executed this our command you make appeare c. SVff ss Whereas E. T. and Mary his wife in our Court before our Justices at Westminster by the consideration of the same Court had recoverd against Iohn Addams 20 l. for the value of the dower of the same Mary of one messuage and one Garden with the appurtenances in Bury S. Ed. from the time of the death of R. Cage her late husband Entry of an Elegit for the value in Dower As for theire damage which they had by occasion of the detayning of the said dower whereof he is convicted And the same Io. and Mary afterwards came in to our said Court and by the statute therein provided chose to be delivered to them c. As in others to hold to them and their assignes according to the Forme of the statute aforesaid untill the said 20 l. for the value and damages aforesaid shall be thereof levyed c. in asmuch c. he should make appeare here Men. Pas c. P 29. or 30. Eliz. Rot. 651. Tender of the body in execution in discharge of the Manucaptors London ss Be it remembred that the third day of May that same terme came here into the court M. F. in this own person And offered his body in execution upon the judgment for damges cost and charges which W. F. in the Queens Court here recovered against him as in a certaine action of trespasse upon the case according to the Form of a certaine Recognizance here by the same M. and certaine Henry Lues of the Parish c. Butcher and Giles Holden of the Parish c. haberdasher in Mich. term Ann. Reg. Regin 27 and 28. acknowledged for in discharge of his Manucaptors aforesaid c. And hereupon William Knight attorney of the said W. F. by the court here conferred with if he would commit the body of the said M. in execution for the debt and damages aforesaid to the prison of the Fleet there to stay upon that occasion or not said that not Therefore aswell the said Manucaptors as the said M. from the Recognizance aforesaid and summes of money contayned in the same Recognizance by the Court here are discharged c. Tender of the body in execution after judgment had against the principall in discharge of his â—ureties M 9. Jac Rot 2739. H 10. J. Rot 3241. H. 22. J Rot. 2429 Errour brought T 20. Eliz. Rot. 125. Between Younger and Tompson Afterwards to wit such a day An. c. came here into the Court W. T. in his proper person and aswell for his owne proper indemnity as of his suerties aforesaid prayeth that he by the court here may be committed to the prison of the Lady the Queen of the Fleet by occasion of the judgment aforesaid there to stay untill c. And L. and T. Manucaptors of the said W of their Manucaptions and acknowledgment in this behalf made by the court here are fully discharged c. And afterwards Error was entred upon the Roll and the Record sent into the Kings Bench And after the end of the same it is
aforesaid or any parcell thereof he could cause to be made Therefore it is commanded to the Reverend Father in Christ John by Divine Providence Bishop of Norwich and Ordinary of that place that of the goods Ecclesiasticall of the sayd Edward within his Diocesse he cause to be made the Debt and Damages aforesayd and that he have those monyes here in Octob. S. Mich. to render to the sayd T. for his debt and damages aforesaid c. Entry of a Writ of fieri facias de bonis testatoris the Sheriff returned that the parcell of the debt is leviâ—d De bonis testat and as to the residue that the Executor had wasted c. and that he had made the damages De bonis propriis and execution awarded De bonis propriis for the goods wasted PAsch 12. Jac. rot 2167 Norff ss It was commanded the Sheriff that of the goods and chattells which were of I. B. late called I. B. of W. in the County of N. Yeoman in the hands of Joan B. of F. in the County aforesaid Widow Executrix of the Testament of the same John in your Bailiwick he should cause to be made as well a certain debt of an hundred pounds which F D. in the Court of the King here to wit at Westminster recovered against him as two pound six shillings eight pence which to the same F. in the same Court of the King here were adjudged for his Damages which he had by occasion of detaining of that Debt if the same Joan had so much Goods and Chattells which were of the sayd John at the time of his Death in her hands to be administred and if she had not then the damages aforesaid of the proper goods and chattells of the same Ioan to be levied and that he should have those monyes here at this day to wit 15 Pasch to render to the same F. for his debt and Damages aforesaid whereof he is convicted And now here at this day came the same Francis B. by S. L. his Attorney and the Sheriff to wit Iames Calthrop Knight now returneth that after the death of the same I. B. and before the coming of the said Writ the goods and chattells which were of the said J at the time of his death to the value of fifty eight pounds four shillings and two pence came to the hands of the same Joan after the death of the same I. B. to be administred of wh ch sayd goods and chattells twenty seven pounds eight shillings and two pence of the debt aforesaid he caused to be made according to the Exigency of the same Writ Devasta vit and that the same Joane before the coming of the sayd Writ wasted the residue of the goods and chattells aforesaid and converted to her own use so that the residue of the sayd Debt or Damages aforesaid of the same goods or chattells he could not cause to be made but that of the proper goods and chattells of the same Joane by vertue of the Writ aforesaid he cause to be made the Damages aforesaid and those monies together with the twenty seven pounds eight shillings and two pence of the goods and chattells of the sayd John as aforesaid levied before the Justices here at this day to render to the same Francis according to the Exigency of that Writ he had ready T. 14. H. 6. rot 318. A Devastavit returned and thereupon an Elegit is awarded as by the same Writ to him it was commanded c. Therefore it is considered that the same Francis have Execution against the same Joan for the residue of the said fifty eight pounds four shillings two pence by the same Joan as aforesaid wasted of the proper goods and chattells of the same Joan c. H 19 H 6 rot 134 Brownlow London ss An entry of a speciall fi fac de bonis testatoris H. 9. H. 6. fol. 87. pl. 2. Fitz. Executors pl. 7. this Writ awarded and by the Court The judgment in this case was entred T. 8 H 6 rot 102 See the old book of entries fol 326 title Execution against Executoâ—s pl. 8 scire facias brought against two Administrators after a Devastavit to have Execution De terris catallis propriâ—s P 9 H 6 fol 9 Fitz Executors 9 M 11 H 6 fol 8 pl. 12. An Action of Debt brought against the administrators and suggests that hee had wasted the goods c. 3 H 6 fol 148 P 11 H 6 fol 351. 12 E 3 Fitz Executors pl 73 and pl 85. Old Book of Entries fol 326 title Execution against Executors pl. 8. See Fitz return De viscount pl. 9 H. 6 H 9 fol 57 that such a return is not good M 5 Car rot 874 the like for Rivers against the Sheriff of Castle maine It was commanded the Sheriffs that of the goods and chattells which were of R. S. late Citizen and Cloth worker of London being in your Bailiwick in the hands of John Leweter of London Gent. R. B. of London Draper B. H. of London Draper and Allice who was the wife of R S. late Citizen and Clothier of London Administrators of the goods and chattells which were of R. S. late Citizen and Clothier of London who dyed Intestate c. yet should cause to be made forty pounds which William Andrewes Citizen and Poulterer of London in the Court of the King here recovered against the said Administrators of the goods of the said Richard being in the hands of the said Administrators to be levied and of the proper Lands and Chattells of the said Administrators nine markes which to the said William in the same Court of the King here were adjudged for his Damages which he had by occasion of the detaining of that Debt and that they should have them here at this day to wit in 8. S. Hil. to answer to the said William of his Debt and Damages aforesaid whereof they are convicted And now cometh the said William by W. B. his attorney and the sheriffs now returne that from the coming of the writ aforesaid untill the day of the retorn of the same no goods or chattles which were of the said R. S. at the time of his death in their Bayliwick in the hands of the said Administrators were or are whereof the said 40 l. or any monies thereof they could cause to be made as by lawfull waies and meanes which they knew or better thereof could know to them at the present can appeare to be made Notwithstanding they have made of the proper Lands and Chattles of the said Administrators the 9. Marks aforesaid which they have ready here at this day which said nine Marks are delivered to the said W. Therefore aswell the said sheriffs as the said administrators are thereof quiet And because the retorne aforesaid as to the said 40 l. is reputed insufficient and conceived to be made in delay of the execution of the recovery aforesaid And in the Kings Court here on
time hath withdrawn and absented himselfe without the licence of the cheif Clerk of the Lord the King of the common Bench here to whom the gift of the same Office belongeth And without the licence of Rob. Dierby cheif Justice of the Court here So that the same Office by the same Io. or any clerk for him or in his name remained a long time undon and unoccupyed to the prejudice of divers Leige People of the Lord the King and delay of their Suits Wherupon upon the complaints of divers of the same Leige people who intend to prosecute such writs of Nisi Prius and other Jurats intending to deliver writs of Dedi Potestatem and acknowledgment of Fines here in Court And not having such clerk ready in Court who should receive and make such writs and Jurats upon the 20. day of October this Term it is besought aswell by Peter Stainford who had occupyed that Office for the same Iohn in the life time of Iohn Quick Deputy of the said Iohn at divers times at the intreaty of the said Iohn Quick in his absence as his clerk in other precedent Terms by the licence of the chife justice here As also by Thomas Thorold under Keeper of the Writs and Roles of the Lord the King of this Court that if they or either of them to the same Office for the same Io. Cheker and in his name would attend and the writs and Records due to be made in that Office for the same Iohn and in his name he or they would Receive write and do who said severally that not By which the same Iohn the same day of Friday in the morrow of the same day was solemnly called to exercise the Office aforesaid and appeared not wherupon he by the consideration of the said Court here is removed from his said Office and William Snayth at the nomination of the said cheife cleark here in the Court faithfully to extrcise and occupy that Office on the same morrow was admitted and sworne to have and hold that Office as the Philizers Exegenters and other officers of our Lord the King here hold and occupy their offices M 22. Iac. Rot. 436. Brownlow Foringden of a Cryer of the Court for his non attendance upon the Court nor any cause shewn to the Court for his absence T. 15 E 4. f 26. T 15 E 4 f. 7. P. 6. Caâ— Rot 1314. Admission of a Cryer upon the surrender of Hyliard Bee it remembred that George Baker one of the Cryers of this court who to the office of one of the Cryers of their Court was before sworne and admitted well and faithfuly to exercise and occupy the same To whose office it apperteineth to attend every Law day in court here in his proper person and to do in the Court those things which belong to the Office of a Cryer of this Court to be done three severall dayes to wit 19. of November 20. November and 22. of November this terme in full Court being solemnly called to attend his office of Crier aforesaid as of right he ought to have don came not but himselfe from his Office aforesaid the same three daies by the space of 5. years last past more without the licence of the court here absented and withdrew himselfe no cause of his absence to the Court here by any on the behalfe of the said Georg being shewen Therefore the same Georg by the consideration of the court here is removed from further exercising of his Office of Cryer here And Robert Hylyard at the nomination and presentation of Walter Zankey Esquire to whome the gift of the Office aforesaid belongeth faithfully to exercise and occupy that Office the 24. day of November this term by the Court here is admitted and sworne to have exercise and occupy the office aforesaid as the other Cryers of the court here have and occupy their Offices c. H 31. Eliz. Rot. 1720 Be it remembred that the 27. Attorney of the Common Bench for that he forged a Writ of Sup. de non molestando upon an Utlary where no Writ of Error was sued out of the Chancery for warrant the same And the party outlawed thereupon was delivered out of prison was committed to the Fleet. And because he could not gainsay but confessed the same that he had forged the same Writ it was awarded that he should not entermeddle more in the Office of an attorney but should lose his priviledge of the same and that his name should be taken out of the attorneys Roll and that he should be forjudged the Court and thrown over the bar and fined at 5 l. and should be sent to the severall Courts to be inspected and was sworn thereunto and after he was shorne he was thrown over the barre day of January that same term came here in court one Richard Hillington one of the Attornies of the Court here in his proper person and for that he by the Tye of his Oath in his office of attorney made the falsehood if he shall understand any in the Court here to be don or perpetrated is bound with that speed which is convenient to reveale and certify to the Court here gave to the Court here to understand that E.G. one of the attornies of the Bench here in the exercise of his Office of an Attorney to the scandall of the Court here and in falsity and deceipt of the same Court behaved himself and Fradulently For that to wit whereas certaine Iohn Vernon and Richard Carter lately in the Court of the Lady the Queen now of the common Bench here have impleaded Ric. Michell late of M. in the County of S. Yeamon W. M. late c. And Iohn M. late c. in a plea of Debt and the same R. W. and I. O. for that they came not before the Justices of the said Lady the Queen of the Bench here to answer the said Io. Vernon and R. Carter therein they were put in Exigent in the County of the City of the said Lady the Queen at Oxford to be utlawed and upon that occasion were afterwards ut-Lawed And afterwards the same Io. Michell by vertue of a certain Writ of the Lady the Queen of Capias Vtlagat upon the utlawry aforesaid to the sheriff of of Surry in this behalfe taken and in prison of the said Lady the Queen and under the custody of the said Sheriff was detayned the same Edward Osbulston not having the feare of God before his eyes nor his oath that he should not do any falsehood in the same Court fearing a certaine false Writ under the name of the Lady the Queen caused to be written made counterfeited the tenor whereof Followeth in these words Elizabeth c. reciting the Superse de non molest T. Edmund Anderson of Westminster the 28. day of Nov. An. c. 31. whereas no Writ of Error out of the Chancery of the said Lady the Queen to the same Edmond Anderson was directed by
the Court here made that the same Iohn who otherwise to wit the second day of August Ano. 3. R. nunc before Iames Story Lon. and Robert Cotton Esquires by vertue of a certaine writ of the Lord the King de Dedmi Potestatem to them and certaine Thomas Hutchison and Robert Smith Esquries directed to give power to three or two of them to take the acknowledgment which the same Iohn before the said I. S. K. C. T. H. and R. S. three or two of them would make upon which said writ of covenant depending before the Justices of the said Lord the King of the Common Bench between certain Tho. Fortesceu Esq and Io. Slany and the same Io. Zouch of the Mannor of Alfreton ali Awfreton with the appurt and of 120. Mes 100. Cottages 500 tofts 4 Mils c. with the appurt in A. otherwse A.S. otherwise S. S. otherwise S. c. And also of the profits of the markets and Faires and Toll in A. otherwise A. in the same County of Derb. acknowledged the Mannor Tenements Rents and Profits aforesaid to be the right of the same Thom. and the same remised and quit claimed from him and his heires to the same Thomas and Iohn Slany and the Heires of the same Thomas for ever at the time of that acknowledgment upon thâ— writ aforesaid was and yet is within the age of one and twenty years Therefore it is considered by the court here _____ of May that same Terme that the acknowledgment aforesaid by the same Io. Zouche before I. S. and Rob. Cotton made is void and of no Force in Law and that as well the said Writ of Covenant as the said writ of Dedimus Potestatem are quashed and adnulled and in the Files of the writs of this Court are not to be received or Filed nor that any record be made thereof in the court here Brev. de Gardiano admittendo H 10. J. Rot. 2002. Brownlow ss Entry of a Writ De gardiano admittend in a Writ of Partition M 22 Jac Rot 554. the like in debt T 33 Eliz Ro 1556. like in Dower Int. S. G. The King sent to the Justices here his Writ closed in these words James by the grace of God of England c. To his Justices of the Bench Greeting Know ye that we have admitted Nicholas S. Gent. the Gardian of Mary B. and Grace B. Daughters and heires of Richard Barret Esq being within age as is said to prosecute and defend the Sute which is before us by our Wirt between the same Rich. Barret and one Ralph Raulin in a Plea of making partition as is said And therefore we command you that you admit the same in Gardian of the same M. and G. to prosecute and defend the Plaint aforesaid Witnesse our selves at Westminster the 19. day of May An. 10. and 45. Habeas Corpus ss IT was commanded the sheriff as more times it was commanded to the same Sheriff that he should have here at the third day Entry of a Hab. corâ— in a plea of debt and the Sheriff returneth that he was not taken nor ever in his custody And a Writ awarded de distring nup vic to wit ter die the body of E. T. c. whom by precept of the Lord the King he took and him detayneth and the same sheriff to the Justices here ter die last past retorned to answer T. S. in a plea that he render unto him 20 l. which he oweth and unjustly detayneth c. And now here at this day came the said T. by T.C. his Attorney and the sheriffe retorneth that the said E. was not taken by the said sheriff by vertue of any writ either is or ever was in the custody of the said sheriff either by I. N. Knight his Predecessor by indenture between him the late sheriff or the said sheriff to the sheriff now was over delivered And therefore the body of the said E. before the Justices here at this day he could not have Distring nup vic Therefore it is commanded to the sheriff now that he distrain the said late sheriff by all his lands c. and that of the issues c. so that he may have here 15. Martini the body of the said E. whome to answer to the said T. in the Plea aforesaid c. Entry of a Writ of Hab corp upon priviledge wi h the recognizance H 12. Iac. Rot. 2271. It was commanded the Mayor Aldermen and sheriffs of London and every of them whereas it was shewed to the Lord the King now on the behalf of Peter Furb that whereas he and every leige man of the Lord the King in coming to the Court of the said Lord the King of common Bench here to wit at Westminster to prosecute or defend any plea or writ there ought to be under the protection of the said Lord the King and customs according to the Liberties and Privileges of the same Court from the time whereof the memory of man is not extant used and approved in the same Cause of priviledges Notwithstanding some malevolent indevouring much to prejudice the same Peter the same Pet. after he came to the Court here to consult with his Councell and attorny to have their advice in a certaine plea of debt upon demand of 30 l. prosecuted by the same P. in the said Court of the Lord the King against one James Robinson wherupon the parties aforesaid pleaded to issue of the Country to be tryed in London to be arrested by the ministers of the said Mayor Aldermen and Sheriffs and in the Prison of the Lord the King under the custody of the said Mayor Aldermen and Sheriffs procured to be detained unjustly to the imoderate dammage and grievance of the said Peter and against the liberties and Privileges aforesaid whereupon he supplicated to the Lord the King to exhibet to him a remedy the said Lord the King willing to do to the same P. in that behalf which was just and consonant to reason and inviolably to observe the liberties and privileges aforesaid That if the same Peter should be detayned in the prison aforesaid under the custody aforesaid Then the same Peter by whatsoever name reputed together with the day and cause of his taking and detaining they should have or one of them should have before H. Hobert Knight and Baronet Cheife Justice of the said Lord the King of the common bench at his chamber Scituate in Lincolns Inn in the county of Midd. immediately after the receit of the said Writ Hab corp rem immediatly before the Chief that the same cheife Justice of the Lord the King seeing the cause aforesaid should do in that behalf what of right and according to the law and custome of the Lord the King of England and the liberties and privileges aforesaid should be don and that they should have then there that writ Afterwards to wit the 24. J that same Terme the chief Justice delivered here in
of the Rolls of our chancery allowed c. Entry of a writ of attachment of priviledge in the Common Bench for an attorney of the same Bench in debt against 2 severall persons severally M 19 Iac. rot 2948 Brownlow Lincolne ss The Sheriff was commanded that he should attach T B. clerk and L E clerke so that hee should have them here upon Satturday next after the morrow of all Soules to answer R Clarke Gent. one of the Attornyes of the court of the Lord the King of Common Bench here according to the liberties and priviledges c. in a plea of Debt severally And now here at this day came the said Robert in his proper person and offered himselfe against the said T and L in the plea aforesaid and they came not and the sheriff to wit T T Esquire now returneth that he by vertue of the writ aforesaid to him directed tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready as by the said writ it was commanded him Cedi corpus returned and because the same sheriff the bodies of the same T and L now here at this day hath not ready therefore the same sheriff to wit the same Tho. T Esquire in mercy c. and he is fined by the Justices here at forty shillings and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san Martini the bodies of the same T and L whom c. to answer to the same Robert in the plea aforesaid and the same sheriff to wit T.T. Esquire now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne so languishing that he could not have their bodies here at this day without perill of death as by the said writ it was commanded him c. And hereupon in the same Court of the King here on the behalfe of the said Robert it is testified that the same T and L are sound and whole and able to travell therefore it is commanded the same sheriff that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary bringing with him the same T and L whether they be found or infirme to answer to the same Robert in the plea aforesaid and that he omit nothing herein under the penalty of 20 l. which if he shall not do the sheriff shall know he is to loose c. Duces recum awarded under the penalty of 20 l. Procedendo H 35. H. 8. Rot. 318. ss A Procedend awarded in a plea of lands to be removed out of an inferiour Court by Recordare Whereupon the cause aforesaid being seen alleaged by the same B. to remove the Plaintiff aforesaid in the writ aforesaid above specified It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B of her mannor of B. with the Soke aforesaid in the court of the same E. B. and upon the plaint aforesaid ought to proceed c. Therefore it is considered that the said Brian notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed he may proceed in the plaint aforesaid with effect And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid c. M 8. H. 4. Rot. 114. Procedendo Rege inconsulto In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant by act of Parliament that the Tenements of the demandant came to the Kings hands and prayeth judgment si Rege in consulto c. And the King sent his writ de procedendo therein directed to the Justices that the Tenant plead de novo with the demandant c. H 13. Jac. Rot. Brownlow London ss A Procedendo after much debate granted upon a speciall return made upon a Hab. cor upon the custom of London concerning Prentices their ages and their Indentures between them and their Masters Indenture void if the Prentice be not of the age of fourteen years when he was bound An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice c. Test 28. Nov. 13. Iac. by H. Hobert Execution c. ss London ss we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew London do certifie that c. Prohibition BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand Prohibition to the Court of Stanneries in the County of Cornw for holding plea of maters which contcern the Stanneries Suggestion That whereas by the lawes statutes of the Realme of the Lord the King of England it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall or Keeper or Keepers of his place for the time being may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries neverthelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I against the lawes of the Realm of the Lord the King of England In the stannary court of the Lord the King of F in the said county of C before the Substeward of the Stannary Court aforesaid or deputy or Keeper of his place in the Court aforesaid or any of them in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon supposall that the said L. was receivour of the monies of the said I. C. the Father and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M to render an account thereof to the said I. C. drew into plea And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses and to answer the said C. of and upon the premisses
same sheriff of N. that by honest and lawfull men of his Bayliwick he make knowne to the said George that he should be here at this day to wit tres Trin. to shew if any thing c. wherefore the same George whereas to him of his debt Damages costs and reasonable and necassary charges it hath been satisfied possession of the Mannor and the Tenements aforesaid with the appurtenances he ought or can hold At which day here came the same T. by Iohn Maior his attorney and offered himself the 4th day against the said George in the plea aforesaid and he being solemnly called by Thomas Bennet appeared and the sheriff to wit Thomas Huchison Knight now retorneth that he by vertue of the Writ aforesaid to him directed by George West and G. Mercer honest c. of his bayliwick make known to the said George that he should be before the Justices of the Lord the King at the same Term. And hereupon the same George by his attorney aforesaid prayeth licence therein to imparle here untill in 8. S. Mich. And hath it c. The same day is given to the said Thomas here c. Entry of a Sci fac after a devastavit returned brought by the Administrator of the plaintiff who is dead after judgment upon the devastavit that he should have execution de bonis propr executoris M 9 Jac Rot 703. the like H 19. Jac. Rot. 2098. B. Cornub ss It was commanded whereas the King had lately commanded W. C. late sheriff of the County aforesaid that of the goods and Chattells which were of Io. P. late called Io. of M. within the parish of P. in the County aforesaid Gent. at the time of his death in the hands of W.P. late of P. c. Gent. and Joane P. late of P. in the County aforesaid widow executors of the Testament of the same Iohn in your bayliwick he should make aswell a certaine Debt of 40 l. which Gar. B. widow in the Court of the King now here to wit at Westminster had recovered against them as 40 s. which to the same G. in the same Court of the King here were adjudged for her Damages which she had by occasion of the detayning of the said Debt if the same W. and I. so much goods and Chattells which were of the same I. at the time of his death in their hands to be administred had and if they had not Then the Damages aforesaid of the proper goods and Chattells of the said William and Joane to be levied and that he should have those monyes here in Cr. S. Martini last past to render to the same Gar. for her Debt and Damages aforesaid whereof they are convicted And now here at this day came the said Gar. by Nich. Cory her attorney And the same now Sheriff at that day retorned that before the comming of the Writ aforesaid to him directed the same William and Joane the goods and Chattles which were of the same Iohn at the time of his death in the hands of the said William and Ioane to the value of the debt and Damages aforesaid had wasted by which the Debt and Damages aforesaid or any parcell thereof he could cause to be made and the same sheriff further returneth that he caused to be made of the proper goods and Chattels of the said William 40 s. for the Damages aforesaid which said 40 s. at the day and place abovesaid he had ready as by the said writ it was commanded him And the same Gar. is dead as by the information of E L. and Margaret his wife Administratrix of the goods and Chattels which were of the said Gar at the time of her death and Ric. Penhallow and Mary his wif co-administratrix with the said Margaret of the goods and chattells aforesaid the King understandeth and because c. That by honest c. he should make known to the same William and J that they should be here at this day to wit Tres Tr. to shew if any thing c. wherefore the said Ed. and Margaret R. and Mary Offer execution against them for the Debt aforesaid of the proper goods and Chattells of the same W. and I they ought not to have c. And now here at this day came the same Ed. and Margaret Richard and Mary by the same N. C. their Attorney Averment that the plaintiff died intestate and the Letters of administration shewed c. and offered themselves the fourth day against the same William and Ioane in the same plea c. and they being solemnly called came not and the sheriff now returneth that they have nothing c. nor are found c. And hereupon the same Edward and Margaret Richard and Mary say that the said Gartrude dyed intestate and that the Administration of all the goods and chattells which were of the said Gartrude at the time of her death by George by Divine providence c. the twenty sixt day of May Anno Domini 1621. at London in the Parish of Saint Mary Bow in the Ward of Cheap to the same Margaret and Mary after the death of the said Gartrude was committed and they bring here into the Court the Letters administratory of the said Arch-Bishop which the Commission of the Administration aforesaid in forme aforesaid testifie c. and pray Execution against the same William and Ioan of the Debt aforesaid to them to be adjudged c. Therefore it is considered that the same Edward and Margaret Richard and Mary Execution by Default have Execution against the said W. and Io. of the debt aforesaid of the proper goods and Chattells of the same W. and Ioane to be levied by default c. TRin. 2. H. 6. rot 131. Essex ss It was commanded the Sheriff Entry of a Scire fac against the Sheriff for taking insufficient pledges in a Replegiare in Com. 2 H. 6. fol. 15. pl. 15. This case reported agreeing with this Record Fitzherbert processe 72. 9 H. 6. 42. Booke of entries 564. 570 571. 15 E. 4. fol. 19. by Callow Detinue â—yeth H 11. Jac. 10â— 3563. Bi Leicester ss Sommerfield and Buney against Beamount the like Scire facias F.N.B. 69. cap. 74.21 H. 6. 40. Hill 44. Eliz. rot 2555. whereas of late the King had commanded the same sheriff that by honest and lawfull men of his County he should make known to Jo. Wallis and William Bennet who for John Compeer late of O. c. became pledges for the Return of the cattell to be made which Jo. Armour Citizen and Mercer of London took and unjustly detained as is said if it should be adjudged that they should be before the Justices of the Lord the King here in Octob. saucti Hillarii last past to shew if any thing c. wherefore the cattell aforesaid for that return of them to the said I Armour for default of the same I. C. in the same Court afterwards made was adjudged and that the cattell
him in this behalfe done and that he should have here that writ The Nonsuant prayeth to be admitted to his fine for the conâ—empt and the fine was assessed and now here at this day to wit the said 15. Trin. came aswell the said I. K. and T. R. his attorney as the same I. H. and O. by I. H. their attorney And hereupon the said I. K. prayeth himselfe to be admitted to make a fine with the said Lord the King by occasion of the premisses and is admitted c. and is fined by the Justices here at 2 s. 6 d. which by the command of the Justices of the Court here he paid to R. B. Cheife Prothonotary of the Court of the said Lord the King of the bench here for necessary reparations in the Court here done and to be done Fine payed c. Therefore the same I. K. goe thereof without day c. whereupon the same I. K by the statute A writ de Sâ—ccuda deliberatione prayed Pledges de novo Recognizance c. prayeth a writ of the said Lord the King de Secunda Delib and it is granted to him retornable here in Oct. Mi. c. And also the said I. K. in the same court here found pledges de novo aswell to prosecute his Claime as of the Cow aforesaid before taken to be retorned to the said I. H. and O. if retorne thereof should be adjudged to wit T R. of O. c. and I D of c. each of them under the penalty of 100 s. whereupon it was commanded the sheriff that of the said I K. further putting in Exigent utlawing Super sedias awarded upon the Exigent taking or in anything molesting by occasion of the premisses he be altogether superseded c. M 18. H. 8. rot 2. The Lord the King sent to his Justices of the Bench here his writ closed in these words Henry by the grace of God Supersedeas out of the Kings Bench to discharge sureties of peace in the Common Bench because he found security of peace in the Kings Bench. to Robert Brudenell Knight and his associats our Justices of the Common Bench greeting because Thomas Travers of W. in the County of Essex Clerke came into our court before us at Westminster this instant day of Thursday next after 15. daies of S. Iohn the Beptist in his proper person And then found there sufficient securitie that he should personally appeare before us in 15. Pas next to come wheresoever we should then be in England And that in the meane time he should carry himself peaceably towards and all our people and that he would not bring nor cause to be brought by himself or any other in his name any Damage or grievance to any of our people upon their bodies by treachery assault or any other meanes which may in any manner give way to the infringement disturbance of the peace as in our court before us is fully manifest upon Record Therefore we command you that from compelling the said Tho. Travers to find any securitie for our peace or for any of our people before you or any of you untill after the same 15. Pas you are altogether superseded T. I. fifty James at Westminster the 11. day of July An. c. 18. and now to wit in 8. S. Mich. that same Terme came here the same Thomas in his proper person whereupon the same Thomas by the same Justices here is altogether dismissed and discharged from finding of any other securitie further in this behalfe c. Charles c. To the sheriff of L. greeting A Supersedeas after a Fi. fac ne venditioni exponas whereas of late we did command you that of the goods and Chattles of T. E. late of c. being in your bayliwick you should cause to be levied 161. 5 s. which D. I. in the Court c. had recovered against him for her Damages which she had sustained by reason of a certaine trespasse upon the case by the aforesaid T. to the said D. done whereof he is convicted as by the Record c. it manifestly appeareth And that you should have those moneyes which you had so levied before c. at VVestminster aforesaid such a return to render to the said D. in that behalfe as in that Writ is more fully contayned and you at that day did retorne to the Barons of our said Exchequer at VVestminster aforesaid that you had levied of the goods of the said T. to the value of the summe abovementioned which goods did remaine in youre hands unsold for want of buyers but because the said Writ of Scire facias to you as above directed did unduely issue forth Therefore we command you that from selling of the goods aforesaid or any part thereof by vertue of the said Writ of Scire fac you altogether forbeare as you will answer the contrary at your peril witnesse c Ventre Inspiciendo Entry of a writ de ventre inspiciendo see Bracton fo 69. H and E terms A. 5. H. 3. rot in the common Bench Norff. ss Peter de Meanton hath requested that Muriell who was the wife of VV. de Meanton who maketh her selfe not not to be with child by the same VV. her husband was not with child for this cause maketh herselfe not with child to disinherit the same Pet whereupon at the petition of the same Muriell it was commanded the sheriff that by lawâ—ull women they should make diligent inquiry whether she was with child or not And Inquisition was made and sent to VVestminster but in the interim came she before the Justices of the Bench and offered her selfe and shewed to them that she was with child and this she offered to shew and prayed that it might be seene by the command of the Justices by 14. lawfull gentle women of London to be chosen by the Mayor and sheriffs of London and it seemed to them that she was with Child so that it was said to her that she might goe therein without day untill any one should complaine thereof but afterwards came the same Peter and offered himselfe and again said that she was not pregnant of his brother so that upon his complaint she was againe resummoned and questioned when her husband dyed and at what time he departed from her said that in truth he departed from her upon VVednesday next after the Feast of the holy Trinity and that he died on the day of the Appostles Peter and Paule so that after that same Wednesday she never saw him and Peter acknowledgeth this same said well she was not with child with his brother prayed that she might be committed to custody so that by the counsell of the court she was committed to the Mayor of L. into custody and 4 lawfull gentle-women were assigned to see her often and to keep her But afterwards came the same Peter and shewed that the Terme of bringing forth if she had beene