Tenant had not duly made his execution Suff. ss It was commanded the sheriff whereas William Ayleff Esquire Barbara his wife lately in the court of the Lady the Queen here to wit at Westminster by the consideration of the same Court had recovered their seisin against I. A. of the third part of the Mannor of Abbotts with the appurtenances in D. c. and whereas also at the prosecution of the same W. and B out of the said Court of the Lady the Queen here of and upon the judgment aforesaid to wit the 6. day of November An. 42. Eliz. issued forth a certaine writ of the Lady the Queen de Sesina directed to the sheriff of the county aforesaid By which said Writ the said Lady the Queen commanded the said sheriff that he should know that the same W and B. in the Court of the Lady the Queen of the common Bench here to wit at VVestminster aforesaid had recovered their seisin against the said I. of the said third part of the Mannor of Abbotts in the appurtenances and 8 messuages c. with the appurtenances as the Dower of the said Barbara of the indowment of Martin A. her late husband c. whereupon the said Lady the Queen now to the said sheriff commandeth that the said W. and B. full seisin of the third part aforesaid with the appurtenances to hold to them in severalty by meats and bounds he should cause to be had and in as much as he should that precept of the Lady the Queen he should make appeare to the Justices of the Lady the Qu. here to wit at VVestminster in 8. Hill then next following which said Writ of seisin afterwards to wit the 16. day of Ianuary then next following at Y. aforesaid in the county aforsaid to E. B. Esquire then sheriff of the County aforesaid being was delivered to be executed in Form of Law And also by the information of the said W. and B. the same Lady the Queen hath understood that the said Edward favouring the same I. A. and indeavouring wholely to defraud the same W. and B of the recovery of the third part aforesaid afterwards to wit the 17. day of Jan. An. 43. abovesaid caused to be had to the same W. and B. full seisin of 1 Messuage in E aforesaid late in the tenure c. to hold to the same W. and B as the Dower of the same B. of the Indowment of the said Martin her late husband in the same mannor of A. and to the Tenements and Rents aforesaid in Y. c. contingent as by the Record and proceedings here in the same Court of the said Lady the Queen remayning manifestly appeareth whereas notwithstanding all and singular the Tenements aforesaid to the same W. B. by the said Ed. Bacon for the third part of the Mannor Tenements and Rents aforesaid with the appurtenances in Forme aforesaid delivered and assigned are not parcell of the mannor lands and Tenements aforesaid wherof the same W. and B. have recovered their third part in forme as aforesaid to the immoderate damage and grievances of the said W. and B. whereupon they have supplycated the said Lady the Queen to adhibet to them a fit remedy in this behalfe the same Lady the Queen not being willing in any wise to injure the same W. and B. But being willing that compleat justice be don and used to them in this behalfe that by honest c he should make known to the same I. that he should be here at this day to wit in 8. Mi. to shew if any thing c. Wherefore omitting the Tenements aforesaid to the same W. B in Form aforesaid delivered and assigned the same W. B seisin and execution of the said third part of the mannor Tenements and Rents aforesaid with the appurtenances whereof the said W. and B. have recovered their third part in Form as aforesaid according to the Form of the recogniz aforesaid against the same I. ought not to have if c. THe Defendant appeareth and saith that the said W. and A. any further execution of the third part aforesaid of the mannor and Tenements c. aforesaid with the appurtenances by them above recovered against him ought not to have because he sayeth that well true it is c. And confesseth the Recovery the writ of seisin and the return thereupon and that the Defendant entred into the land and further saith That the said messuage 3. acres of Land c. in D. aforesaid to the same W. B by the same E. B. for the third part of the mannor c. in Form aforesaid delivered and assigned are parcell of the mannor and Tenements whereof the same W. B. have recovered their seisin of the third part abovesaid in Form as aforesaid and this c. Judgment for the Tenant upon the demurrer And demurrer for that the writ lyeth not but afterwards an other Writ generall was brought And it was adjudged to be well brought See Hill 25. Rot. 650. P. 9. Jac. rot 656. Entry of a Sci. fac in a Quare Impedit T 30. Eliz. rot 1308. Lincoln ss It was commanded the sheriff whereas Thomas Beverly Gent. in the Court of the Lady the Queen now here to wit in the Term of of S. M. An. Eliz. 28. and 29. before Ed. Anderson Knight and his associats then Justices of the said Lady the Qu. of the Bench here by the consideration of the same Court had recovered his presentation against Iohn Arch. Bpp. of Canterbury and G. Cornwall his Clerk of the Church of Somerby in the County aforsaid being void and belonging to his gift by writ of the said Lady the Queen de Quare impedit as by the record and proceeding therein in the same Court here remayning it manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth to be don as by the information of the said Thomas the Queen understandeth and because c. that by honest c. he should make known to the said Arch Bpp. and Gabriel that they should be here at this day to wit in Cr. S Tri to shew if any thing c. wherefore the same Thomas execution against them ought not to have according to the Form of the recognizance aforesaid if c. And now here at this day came aswell the said Thomas by VVilliam Be. his attorny as the same Arch Bpp. and Gabrill by R. P. their attorney And here upon the said Thomas prayeth Execution of the judgments aforesaid against the said Arch. Bpp. and G. to him to be adjudged Saith nothing but the ordinary c. and the same Arch Bishop defenderth the force and wrong when c. and nothing in Bar of the execution of the said Thomas saith whereby the said Thomas remayneth against the said Arch. Bpp. thereof without defence Therefore it is considered that the same Thomas have execution of the judgments aforesaid against the said Arch-Bishop according to
demesnes of Fee which said mannor of E. otherwise E. Court with the appurt is chargeable with the execution of the judgment aforesaid together with the mannor and Rectory aforesaid and this they were ready to verifie whereupon for that aswell the said Mannor of E. otherwise E. Court as the said Mannor of P. with the appurtenances whereof the same Francis Bruster was returmed Tenant and the Rectory aforesaid with the appurtenances whereof the said R L. was retorned Tenant are chargeable with the payment of the debt Damages aforesaid the same Francis Brewster and Rob. London pray judgment and that they may not further answer to the said Writ of Si. facias against them in Forme aforesaid brought before the said Tho. Br. by our proces of Scire Facias be premonished to shew wherfore execution upon that Mannor together with the mannor and Rectory aforesaid ought not to be don And therefore we command you that by honest and lawfull men of your Bayliwick you make knowne to the said Thomas Bunell Tenant of the said Mannor of E. alias E. Court and to all Tenants of the lands and Tenements which were of the said Francis B. in Fee simple in your county of the same 15. S. Martin An. 42. abovesaid that they be before our Justices at Westminster 8. S. Hill to shew if any thing c. Wherefore the Debt and Damages aforesaid of the same Mannor of E. al E. Court or of any lands and Tenements which were of the same Francis at the time of the Judgment aforesaid given or at any time afterwards together with the same mannor of P. and the Rectory aforesaid ought not to be made according to the Form of the recovery aforesaid if to them it would seeme expedient and have you here the names of them by whome you shall make it knowne to them and this Writ Teste H Hobert at Westminster the 6. day of November An. 20. et Sco. 46. Retorn BY vertue of that Writ to me directed by I. W. and E. W honest and lawfull men of my bayliwick I have made knowne to the within named Thomas Burnall Tenant of the Mannor of E alias E. court with the appurtenances and that there are no other Tenants of other lands or Tenements in my County to whom I can make knowne A. B. Sheriff T 21. Ja. Hitcham the Kings Serjeant brought a certificat out of the Kings Bench into the Common Bench that if the defendant in any Action wherein Bayle is given die before a non invent be retorned against the Defendant upon a Scire fac the bayle is discharged and this was shewed in the case of Sparrow of Lowgate which is entred P. 19. Jac. Rot. 973. this is the true number Role in Banco Regis P 12. Jac. Co. Banco S. against S. Debt against the baile upon a Rerog in the Kings Bench the Defendants plead that the Pl. died before any Cap. was awarded against them a generall demurrer and judgment with the defendants after much debate H. 4. Jac. Rot. 975. in the Kings Bench D. against C. and W. against L. Seisin H 21. I. rot 2988. Brownlow Oxon ss Entry e fa writ of Habere facias sesinam in dower and the retorne thereof P 3 6 Eliz rot 1559. the like form of entry in dower It was commanded the sheriff whereas Briget Countis of Barkes widow who was the wife of Francis late Earle of Barkes lately in the court of the Lord the King now here to wit at Westminster by the consideration of the same court and recovered her seisin against Fr. R. otherwise N. of the third part of the hundred of Do. with the appur of the M. of D W. upon the greene with the appurtenances and of 200. Messuages 2. Mils 3. Dovehouses c. with the appurtenances in D and W. and also the third part of the Rectory of Weston upon the green and the Advowson of the Vicaridg of VVeston upon the green with the appurtenances as her Dower of the indowment of the said late Earle her late husbend by writ of the said Lord the King de dote unde nichil habet for default of the same Francis R. otherwise N. that to the same Countesse full seisin of the third part aforesaid with the appurtenances to hold to her in severalty by meets and bounds without delay he should causeâ— to be had and asmuch Tert. pars hundri mannors tenements Rectory and Advowson c. the sheriff should make to appreare here at this day to wit in Cr. Pur. beat Mariae c. and now here at this day came the same Countesse by Rob. Tomblinson her attorney and the sheriff to wit William C. Knight now doth return that he by vertue of the the writ aforesaid to him directed the 15. day of December last past caused to be had to the said Countesse full seisin of the third part of the hundred Mannors Tenements Copyheld land Rectory and Advouson aforesaid with the appurtenances to wit of 11. Messuages 3 Dove-houses 700. acres of land 300. acres of Meadow and 400. acres of pasture with the appurtenances in Dorchester and Drayton being Costomary lands of the mannor of Dorchester and parcell of the said Mannor then in the severall Tenures or occupations of I. p. Gent. E. H. Gent. c. or of their assignes with all lands Tenements cottages Meadowes Pastures Commons Rents Services and Hereditaments whatsoever to the same belonging or appertaining and of the Cheife Rent of twenty shillings and eleven pence issuing out of the Farme of Draycot aforesaid and the lands and Tenements to the sayd Farme belonging and appertaining and also the third part of the profits of the Mannor Court of Dorchester aforesaid The third part of the profits our manerii and of nine Messuages foure Cottages c. with the Appurtenances in Weston upon the green being customary Lands of the Mannor of Weston aforesaid and parcell of the said Mannor then in the severall Tenures or Occupations of I.G.W. H. c. or of their Assignes with all Lands Tenements Cottages Meadowes Pastures Commons Rents Services and Hereditaments whatsoever to the same belonging or appertaining 2 Mills and of all those new buildings called the Brew-house and of one Barne c. And also of two Water mills with the appurtenances in Weston aforesaid and all Tythes yearely growing and renewing Tythes as well out of the same Lands and Tenements in Weston aforesaid in the severall Tenures and occupations of the said I. A. W. H. c. or their Assigns as out of all singular other the Lands and Tenements whatsoever above named and to the Rectory of Weston aforesaid belonging or appertaining Rectory or being parcell of the sayd Rectory of Weston aforesaid and of the West part of the Wood or Copice called Weston wood in Weston aforesaid containing by estimation fourteen acres and of the Tithes from and out of the West part of the same Wood
Cognizee of lands extended by extent upon statute merchant but not delivered to him for that the Conusor dyed and the hâ—ir at the time of the inquisition taken was within age but now at full age if it do appeare to the Sheriff that the heire is of â—u â— age See the Statute for Merchants 13 E. 1. accord It was commanded the Sheriff whereas the Lady the Queen by her certain Writ out of the Court of the said Lady the Queen here at Westminster in the Terme of the Holy Trinity Anno Reg. c. 38. issuing and directed to the Sheriff of the County of Hereford reciting by the said Writ That whereas the sayd Lady the Queene had commanded the Sheriff of Middlesex by her said writ that the bodyes of E. W. of D. in the County c. and I.T. of W. in the same County c. if they were lay men found in his Bailâ—wick he should take should safely keep in the prison of the said Lord the King untill they had fully satisfied S. B. of W c. of fifty pounds which the same E. and I. the second day of Iuly Anno 23. Eliz. before R. N. and R. C. then Bayliffs of the City of W. and keepers of the greater peice of the seale of the statute Merchant there and W. I. Gent. then Clarke of the City aforesaid and keeper of the lesser part of the seale of Statute Merchant aforesaid Deputed to take acknowledgment of such Statutes for Debt for Merchants at the City aforesayd acknowledged themselves to owe to the said S. which they ought to have paid unto him at the Feast of Saint Michael the Arch Angell then next following and they have not payd the same unto him as it is said and in as much as the said Sheriff of Middlesex shall have executed the precept of the said Lady the Queen he should make appear to the Justices of the said Lady the Queen here in 8 Hillarii Anno 37 Reginae Nunc and the said sheriff of Middlesex to the Justices of the sayd Lady the Queene here at Westminster at that day returned that the same W and I. were Lay men and were not found in his Bailiwick and to the Sheriff of Hereford commanded that all the goods and chattells of the same E and I. and all the Lands and Tenements whereof the same E and I. at the day of the acknowledgement of the Debt aforesaid Recitall of the Writ of extent or at any time afterwards were seised to whose hands soever they should come unlesse to any heire within age by hereditary Descent they should descend he should deliver to the said S by reasonable price and extent To hold the goods and chattells aforesaid as his proper goods and chattells and the Lands and Tenements aforesaid as his free Tenement to him and his Assignes according to the form of the Statute therein made and provided untill the Debt aforesaid together with his reasonable and necessary Damages and costs as in Labours Suits Delayes and Expences he should levy thereof And neverthelesse That hee should take the bodyes of the sayd E. and I. and should safely keepe them in the prison of the sayd Lady the Queen untill they should satisfie the sayd S. of the Debt aforesayd in forme as aforesaid and in as much as that precept of the Lady the Queen should be executed he should make appear to the Iustices of the said Lady the Queen here at Westminster in Octob Sancti Michaelis Anno 38. abovesaid and that he should have then there the Writ aforesaid the same Sheriff of Hereford to the Iustices of the sayd Lady the Queen here at VVestminster The Sheriff returneth that the Conusors are dead Inquisition taken and the Lands extended but the Lands descended to an infant and the Sheriff by reason of his nonage could not deliver them to the Conusees at the said 8 S. Mich. returned that the same E. and I. were dead and also to the same Iustices of the sayd Lady the Queen here at that day returned a certain Inquisition before him the sayd sheriff of Hereford by vertue of a certain Writ to him therein directed at K. in the County of Hereford the thirteenth day of S. Anno 38. abovesaid by the oath of twelve honest and lawfull men of the County of Hereford was taken by which it was found that the same E. I. were dead after the acknowledgment of the Debt aforesaid and long before the taking of the said inquisition and that the same I the day whereon he dyed was seised in his Demesne as of Fee of and in four Closes or parcells of pasture lying and being in H within the parish of L. in the same County of Hereford containing by estimation fifteen acres c. as in the Inquisition And the Tenements aforesaid with the Appurtenances were worth by the year in all issues besides Reprizes sixty shillings and that the same I.T. of the Tenements aforesaid with the Appurtenances in forme aforesaid being seized after the acknowledgement of the Debt aforesaid and before the coming of the sayd Writ dyed thereof seised after whose Death The lands discend to the heir within age the Tenements aforesayd with the Appurtenances descended to one I.T. son and heir of the said I. T the son at the time of the taking of the Inquisition aforesaid was within the age of one and twenty yeares to wit of twenty yeares and no more so that the Tenements aforesaid with the Appurtenances to the said S. by reason of the minority of the said I.T. the son he could not deliver according to the Tenor of the said writ to him therein directed and that the said E. at the time of the acknowledgement aforesaid made or at any time afterwards had no Lands or Tenements in the County of Hereford as by the Record and proceedings therein in the Court of the said Lady the Queen here plainly appeareth Suggestion that the heir is of full age And now in the Court of the said Lady the Queen before the Justices of the said Lady the Queen here at Westminster it is alledged that the said I.T. the son is come to his full age of one and twenty yeares and hath of a long time been of full age therefore the said Lady the Queene doth command the said Sheriff of Hereford that if it can appeare to the said Sheriff that the same I.T. came to his full age of one and twenty yeares before the issuing forth of this Writ and now to be then the Tenements aforesaid with the Appurtenances by the Extent aforesaid in forme aforesaid made he should deliver to the said S. to hold as his free Tenement to him and his Assignes according to the forme of the Statute aforesaid thereof made and provided untill the Debt aforesaid Liberate conditionall that if it could appear to the sheriff that the heir is at full age together with reasonable and necessary Damages and Costs as
here at that day retorned a certaine extent taken before R. T. Bayliffe of the liberty of the honorable Epi. Wigor of O. at N. on Saturday such and year c. by vertue of the retorne of a certain writ of the Lord the Kingâ— to him by him thereof directed by which it was found that the same Bayliff by vertue of the retorne of the writ of the Lord the King aforesaid delivered to the same R. and I. the moyety of all the Lands and Tenements which the same I. had in his Bayliwick to wit the third part of one Messuage and 40. acres of Land with the appurtenances in N. which said third part is worth by the yeare 4 d. and the said 40. acres of land are worth by the yeare 5 s. to hold to them and their assignes as their Free Tenement untill the said 68 s. should be thereof levied and although the same R. and I. 10 s. 8 d Tender of the residue of monies by the defendant Refusall by the Plaintiffs to accept it out of the tenements aforesaid have now leyyed as by that extent it manifestly appeareth and the same I. H. the whole residue of the said 68 s. to wit 49 s. 4 d. is ready to pay notwithstanding the same R. and. I. have hitherto refused to receive that money as by the information of the same I. H. there the King is given to know Therefore the Bayliff is commanded that by honest c. he make known to the said R. and I. that they should be here at this day to wit in Octo. Mich. to shew if any thing c. wherefore the same R. and I. ought not to be satisfied with the same 49 s. 8 d. and the Tenements aforesaid to them before delivered they ought not to be redelivered to the said I H. if to them it seemed expedient and now here came aswell the same I. H. in his proper person as the same R. and I. by R. W. their attorney Monie brought into Court and the sheriff retorneth that he made known to the same R. and I. of being here at this day in Forme aforesaid by R. B. c. honest c and hereupon I. H. bringeth here into court 8 s. 8 d. ready to render the same R. and I. if c. and prayeth delivery of the Tenements aforesaid Satisfaction c. whereupon it is requested of the same R and I. if they have or know any thing to say for themselves The monies are paid in Court to the Plaintiff and the Court awarded a redeliverance to be awarded to the Plaintiff wherefore they ought not to be satisfied with the money and to redeliver the Tenements aforesaid to the said I. H. who say that not and hereupon the said 53 s 8 d. is delivered to the said R. I. And it is considered by the Court that the said I. and H. shall have delivery of the Tenements aforesaid first delivered to the same R. and I. out of the hands of the same R. and I and that they goe thereof without day c. SEe 21. E. 3. f. 1 Plaintiffe 1. A Scire Facias awarded in Aide 21. E. fo 20. Pl. 21. ss IT was commanded the sheriff whereas I. C. Gent. lately it the Court of the Lady Eliz. late Queen of England here to wit in Easter in the 36. Entry of a Sci fac by an administrator against an executor H. 2 Jac. rot 1613. yeare of her Reigne before E. A. Knight and his associats then Justices of the said Lady the Queen of the common Bench here by the consideration of the same Court recovered against R. W. late of c. aswell a certaine debt of 200 l. as 6 l. which to the said I in the same Court were adjudged for his damages which he had by occasion of the said debt whereof he is convicted as by the record and proceedings thereof in the court of the Lord the King here remaining manifestly appeareth execution notwithstanding of the said judgment yet resteth undon And aswell the said I as the said R. W. are dead as by the information of R. C. Gent. administrator of the goods Chattles which were of the said I. C. at the time of his death the King understandeth And because c. that by honest c. It be made knowne to P. R. executor of the Testament of the said W. that he should be here at this day to wit in Cr. Ascen Dom. to shew if any thing c. wherefore the debt and damages aforesaid of the goods and chattles which were of the said W. at the time of his death in the hands of the said P. R. to be administred ought not to be made to the same I. according to the Form of the recovery aforesaid if The Plaintiff shewes the Letters of administration and prayes execution c And now here at this day came aswell the said R. by H. H. his attorney by the said P. premonished by A. B his attorney and the Sheriff now retorneth that he made knowne to the said P. of being here at this day by G. D. and D. E. honest c. to shew in Form aforesaid c. And hereupon the same R. saith that the said I. C. died intestat and that the administrators of all the goods and Chattles which were of the said at the time of his death by I by Divine providence c. was committed And he bringeth 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 prayeth Execution against the said P. of the Debt and Damages aforesaid of the goods and chattells which were of the said I. C. being in the hands of the said P at the time of his death to be administred to him to be adjudged c. AND the said P. saith Defendant confesseth assets to 40 s. and traâ—erseth that any other goods of the Intestate besides c. came into his hands c. T 19 Jac rot 2892. That the said R Execution against him of the Dâ—bt and Damages aforesaid of the goods and chattells which were of the said W at the time of his death in the hands of the said P to be administred ought not to have because he protesting saith that the said W after the judgment aforesaid against him in Forme aforesaid had at L aforesaid dyed intestate and that diverse goods and chattells which were of the said W at the time of his death to the value af Forty shillings after the death of the said W. into the hands and possession of the said P. came and that the same P. the said forty shillings about the Funerall of the said W. after the death of the said W. expended without this that any other goods or chattells which were of the said W. at the time of h s death besides the goods and chattells to the value of forty shillings ever
plea aforesaid and they being solmnly called came not and the sheriff of Cornwell to wit C. T. Esquire now retorneth that he by vertue of the writ aforesaid to him directed such a day and yeare Tertenant returned of a Messuage and thirty acres of land by W. N. and H. F. honest c. made known to R. D. Tenant of one messuage and 30. acres of land with the appurtenances in T. C. now or late in the tenure of I. C and L M which were of I C in Fee simple at the time of the judgment given and afterwards that he should be here at this day to shew in Form aforesaid c. Therefore it is considered that the said Hugh have his execution against the said R. D. Tenant of the debt and damages aforesaid to be levied Judgment of the said Massuage and 30 acres of Land with the appurtenances Execution by default for the debt and damages aforesaid to be levied of the lands and tenements aforesaid Elegit of the moyety awarded of the lands for default of the said R. and hereupon the said H chose to be delivered to him the moyety of the said messuage and 30. acres of land with the appurtenances according to the Form of the Statute thereof made and provided until the debt and damages aforesaid be thereof levyed and prayeth a writ of the said Lady the Queen thereof to be directed to the said sheriff of the County of Cornwall and it is granted him retornable here tres Trin. And in as much c. Brownlow H 43. Eliz Rot. 157. Suff. ff Scire fac For Seaman against the Ter-tenants of T. L Re. in Cr. Trini 41. Eliz. upon a Recognizance for 60 l. 33 s. 4 d. for damages For P L retorned ter-tenant of divers lands c. saith that the said T L before the said judgment 10. of August 35. Eliz enfeoffed I. and T Brown to the use of the said Tho. and his heires males and that he was seised in Spec. Fee-tayle at the time of the judgment given and that he 11. Sept 41 dyed seised in taile And that the Lands descended to the said P as Son and heir and that he entred and was seised in Spec. Taile judgment if execution c the Plaintiff saith that T was seised in fee simple Entry of a Sci fac upon a bail to make deliverance after gage deliverance of Cattell in Court against the Manucaptors because the Conusor had not made deliverance 1 H 7 11. 21 E 3. Bâ— Pledges 9. 18. at the time of the judgment given and traverseth the Feoffment modo et forma HAs 33. Eliz. Rot. 2045. ss It is commanded the sheriff whereas G. G. of c R S. of c. in the Court of the Lady the Queen here to wit in the Term of St. Hillary An. c. 82 Before E.A. Knight c. of the bench here to wit at Westminster aforesaid had undertaken and both of them did undertake for S G that the same S should make deliverance return of 6. Cows to E C before the Feast of the Appostle P. I then next following under the penalty of both of them 40 l. which said 40 l. the same G S acknowledged and each of them acknowledgeth to be made of their Lands and Chattles and to belevied to the use of the said T. E. if the said S. G should not make deliverance of the Chattles aforesaid to the same T. according to the Form and effect of the recognizance aforesaid And the same S heitherto hath not made deliverance of the Chattles aforesaid to the said E. according to the Form of the recognizance aforesaid as by the information of the said T. the Queen understandeth And because c. that by honest c. he make knowne to the said G. and S. that they should be here at this day to wit tali di to shew if any thing c. to wit the said G. wherefore he the said 40 l by him in Form aforesaid acknowledged of his lands and chattles And the same S. wherefore the said 40 l. by him in Form aforesaid acknowledged of his Lands and chattles and either of them ought not to be made and rendred to the same T. according to the form of the recognizance aforesaid if c. At which day here came aswell the same T. by F. E. his attorny as the same G. and S. in their proper persons and hereupon the same T. prayeth execution against the same G. of the said 40 l. by him in Forme aforsaid acknowledged c. and against the said S. for the said 40 l. by him in Form aforesaid acknowledged Test Nichil dic to be adjudged by him c. And the said G. and S. reserving to themselvs all and all manner c. Pet. tit entry of a Nihil dic hereupon Mich 34. Eli. Rot. 1813. Entry of a Sci fac upon a recognizance taken to make deliverance upon a gage deliverance against Manucapt because the Conusor had not made deliverance ss HIll 18. Eliz. Rot. 405. ss It is commanded the sheriff whereas H. N. late c. and G. H. of c. lately in the Court of the Queen here to wit in Trinity term An. 17. c. before I. D. Knight and his associates Justices of the Lady the Queen here of the common Bench and undertook for W. C. that the said W. should make deliverance and retorn of ten Oxon or of the value of them to T. H. upon the tenth day of June then next following within the Church yard of the parish Church of S. in the county of S. under the penalty of 200 l. which said 200 l. the said H. and G. acknowledged to be made of their lands and Chattles and to be Levied to the use of the same T. and D. the said W. made not deliverance of the Cattle aforesaid nor of the value of them according to the Form of the racognizance aforesaid as by the information of the said T and D the Qu. understandeth T 9 Jac rot 3 510. and because c. that by honest c. he make knowne to the said H. and G. that they should be here at this day to wit in Oct. S. Hill to shew if c. wherefore the same T. and D. ought not to have execution against them of the said 200 l. according to the Form of the recognizance aforesaid Sci. fac in a writ De droit de gard Sci facâ— upon judgment in debt and detinue if c. And now here at this day came aswell the said T. D by their attornies aforesaid as the same H and G. by F. their attorney And the sheriff now retorneth that they have nothing c. nor are found c And hereupon the said T. and D. pray execution against the same H. and G. of the said 200 l. to be adjudged them c. H 10. H. 6. Rot. 141. Scire Fac Upon a
of March An. Regis nunc 21. held made to be assessed to be paid Notwithstanding the said Thomas the statute aforesaid not regarding more money of the towne of C aforesaid then unto which it was assessed against the manner and form of assessement made upon it caused to be leived in contempt of the Lord the King now and against the forme of the statute aforesaid that he should make known to the said T. that be should be here at this day to wit in 15 Hillarii to answer as well for the said Lord the King as for himselfe followeth in this behalfe wherefore twenty pounds to the said Lord the King and ten pounds to the said John he ought not to be satisfied according to the forme of the statute aforesaid And now here at this day came as well the said John by R. H. his Attorney as the said T. by T.G. his Attorney and the sheriff now returneth That hee made knowne to the said Thomas of being here at this day c. to answer in Forme aforesaid c. by W. R. I. R. and I D. honest c. And hereupon day is given to the said I. B. as to the said T.S. here untill 15 Pasch in State as now reserving to the said parties their pleas exceptions and advantages to the Writ aforesaid c. Abridge in Poulton title de Parliament 12. H 27. H. 6. rot 240. In Trespasse the Defendant justifies for Knights expences Et tre de summ and another summons directed to the Sheriff to assesse the Knights expences the plaintiff saith that the Vill is parcell of the Barony c. and discharged from payment and issue thereupon T 21. H. 6. rot 117. A Writ of Attachment to the sheriff of S out of the Parliament to hear their Bill in the same Parliament M 9 H. 5. rot 579. Speciall bastardâ— pleaded in bar to a Sci fac to have execution upon a fiâ—e ss And the said Richard Holt as to the Mannor of D with the Appurtenances and the said Advowson of the same Church of S saith that the said Hugh ought not to have Execution against him thereof because he saith that the said Joan which the sayd Hugh supposeth to be his Mother whilst shee was sole was not married to any man long before the same Joan was married was notably great with child at D in the County aforesaid by one W.L. of the said Hugh by the said W of the said John begotten he the same W then also being sole and not married to any woman and long afterwards that the sayd I was so notoriously great with childe and continually sole and not being married to any man Elopement and with the same W.L. there continually abiding took to husband one T. M. at D. aforesaid from which Thomas the said Hugh took to him his kindred and afterwards Matrimony and Espousalls between the same T. M. and Ioan at D aforesaid were celebrated the same Ioan incontinently departed thence from the said Thomas her husband and enlarged her self from the said Thomas unto the house of the said William in the said Town of D. and with the said W L. there continually the whole life time of the said Ioan was commorant and continued in adultery with the said William After which Matrimony and Espousalls so celebrated the sayd H at D aforesaid was borne without this that the said I was ever married to any other man but only to the said T. M. and all and every of these things the said R. H. is ready to verifie whereupon it shall not be intended that the sayd Hugh as son and heir of the said Ioan ought to have Execution against him of the Mannor aforesaid with the Appurteuances and of the Advowson of the Church of S. in this behalfe c. And as to the residue of the Tenements aforesaid with the Appurtenances and the sayd Advowson of the said church of F. in the Fine aforesaid contained the said R. Holt prayeth licence thereof to imparle here untill in 8. Hill and hath it c. by the consent of the said Hugh the same day is given to the said Hugh here c. ANd the same Hugh not knowing any thing by the same R Holte above alledged Demurrer in Law besides the said Matrimony and Espousalls between the said T. M. and Ioane celebrated whereby the Remainder of the said Mannor of D with the Appurtenances and the Advowson of the Church of S to the said Ioan and the heires males of her body coming by the fine aforesayd was intailed and the same H as Son and heir of the said I sufficiently demandeth Execution thereof by vertue of a fine aforesaid and the said R Holte doth not contradict it but the sayd Hugh is son and heir of the said I and as to the matter by the said R. H. above alleadged the same Hugh hath no need nor by the Law of the Land is held to answer prayeth judgement and Execution thereof for Defect of sufficient answer to him to be adjudged c. Joynder ANd the said R Holte as to the said Mannor of D with the Appurtenances and the Advowson of the Church of S. wherein the said H. doth not gainsay the sayd matter by the said Richard above aleadged which sayd matter is sufficient in Law to exclude the sayd H from having his Execution thereof by vertue of the Fine aforesaid which sayd matter the sayd Richard is ready to verifie prayeth judgement and that the said H may be barred from having his Execution therein and because the Justices c. untill 8 Hillary c. And to another parcell thereof the Defendant saith Non Tenure And to the whole residue pleads in Barr as before and a Demurrer in Law thereupon and continued untill 15 Pasch At which day here came as well the said Hugh by his Attorney aforesaid as the said Richard Holt in his proper person and hereupon the plea aforesaid being heard and understood it seemeth to the court here that the said Hugh Marchon ought to have Execution of the said Mannor of D. and Tenements with the Appurtenances and of the Advowson of the Church of S whereof the parties aforesaid have pleaded to judgement by vertue of the Fine aforesaid notwithstanding any matter for the said Richard Holt before alleadged Therefore it is considered that the same Hugh have Execution against the said Richard Holte of the said Mannor of D and Tenements with the Appurtenances Judgment for the demandant and of the same Advowson of S. c. T 31. H. 6. Execution awarded at the Assizes upon issue in a Sci. fa. upon a fine before the day in the Bench. Ayde of the King rot 315 ss An Entry of a scire facias upon a Fine for W. L. Knight against I H. of the Mannor of H. with the Appurtenances neer R at the Nisi prius at Bitingford verdict for the plaintiff before Io. Prisot Knight then Justice of the
which day the Defendant pleads no award made generally The plaintiff pleads an award and sets forth a breach Causes of demuâ—rer that the Defendant at Midsomer 1621. did not pay 14 l. of an Annuall summe of 14 l. by the award yearely to be paid the Defendant demurs for two causes 1. for that the plaintiff hath not set forth any sufficient breach of the award 2 for that the award for payment of the said 14 l is void Joinder in Demurrer Entry of a writ of Testat Sci fac against Ter tenants who appear upon the Sheriffs return and say that there is another Tertenant in an other County non praenuncit and pray that they may not answer to the wâ—it of Sci fac brought against them usque alius pâ—aemuniatur T 20. Jac. R. Rot. 3047. Brownlow Otherwise as it appeareth Mich. 19. Jac. Rot. 939. It is thus contayned otherwise as it appeareth M. 19. Rot. 1637. It is contayned thus London ss It was commanded the sheriffs whereas V. Norrington latly in the Court of the Lady Elizabeth late Queen of England to wit in Mich. Term An Regni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Towne of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Vin in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detayning of that Debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at Westminster remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And aswell the said Earl as the said Vincent are dead As by the information of I. A. and Sarah his wife administratrix of the â—â—â—ds and Chattells which were of the said Vincent by Joan Norrington â—â—te Executrix of the Testament of the said Vincent not administred the King understandeth and because c. that by honest c. They should make knowne to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queene 35. which day the judgment aforesaid was given or at any time afterwards that they should be here at this day to wit tres Trin. to shew if any thing c. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendred to the same Iohn and Sarah according to the Form of the recovery aforesaid if c. And now here at this day came the same Iohn and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea aforesaid And they being solemnly called came not and the sheriff to wit R D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earle at the same time of the judgment aforesaid given Testat Sci fac or any time afterwards in their bayliwick to whom or to which they could make known And hereupon it is testified in the same Court of the said lord the King here that there are divers Tenants of lands and Tenements which were of the said Earle at the time of the judgment aforesaid given and afterwards in the County of North. to whom he may make knowne Therefore it is commanded the sheriff of North. that by honest c. that hee make known to the Tenants of the lands and Tenements which were of the said Earle at the time of the judgment aforesaid given or at any time afterwards in his bayliwick that they be here in 8. S. Mich. to shew in Form aforesaid if c. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid as Iohn Earle of Bridgwater and Francis his wife premonished c. by William Cragg their attorney and the sheriff of the said County of North. to wit Lodowich Pemberton Knight now retorneth that he by vertue of the Writ aforesaid to him directed by William Smith and Thomas Allen honest c. made knowne to the said Iohn Earle of Bridgwater and Francis Tenants of 2. Messu 1. Cottage 100. acres of land 20. acres of Meadow and 100. acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. Tertenants of divers lands returned of the lands and Tenements which were of the said Fardinand Earle of Darb. of which the said Earle was seised in the Cr. Anim. An. 30 abovesaid of being here at the same Oct. S. Mich. to shew in Forme aforesaid c. And that there are no other or more Tenants of any lands or Tenements which were of the said Earle at the said Cr. Anim. or any time afterwards in his bayliwick to whom he can make knowne And hereupon the same Iohn Awbery and Sarah say that the administration of all the goods and Chattels which were of the said Vincent at the time of his death by the same Joane Norrington not administred by George Arch-Bishop of Canterbury of all England Primate and Metropolitan the 12. day of November An Rs. nunc 12. at London in the parish of S. Mary Bow in the Ward of Cheap after the death of the same Joane to the said Sa. were committed And they bring here in the Court lit Administrator of the said Arch Bpp which the commission of the Administration aforesaid in Form aforesaid testifies c. pray execution against the said Earle of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances in Forme aforesaid to them to be adjudged c. And the Earle of Bridgwater and Francis pray licence therein to imparle here untill 8. S. Hill And have it c. the same day is given to the same Iohn Awbery and Sarah here c which imparlance is continued untill Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth And the same Earle of Bridgwater and Francis say that the same I. A. and Sarah ought not to have execution against them for the debt and Damages aforesaid because they say that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earle and Francis to wit the first day of Iune An. Rs. c 19. one Christopher Earle Esquire was and yet is Tenant as of Fee Tenant of the mannor of S. M. with the appurtenances in S. M. in the county of Dor. and of 20. Messuages 20. Gardens 20. M. 11 Edw. 3. Fitz. brev 266. such plea is adjuâ—ged good Orchards c. with the appurtenances in S. M. aforesaid whereof the same Fardinand late Earle of Darb. in the
been held And this they are ready to verifie whereupon c. T 8. Iac. rot 4640. which being read and heard onerari non Vtlary reversed for omitting the second exact between the first and third because he saith that by the retorne aforesaid it evidently appeareth that the said R. was never the second time called upon the said Writ of Exi fac so that the utlawry aforesaid against the said Ric. the second calling of him the said R. upon the Writ aforesaid being omitted was published and had so that the utlawry aforesaid against him the said R. so published and had is void and this c. The utlawrie is reversed Januaii for Januarii Vtlary reversed for omitting the return of the Plu. cap. in the close of the Exigent H 22. Iacobi rot 1404. Ianuaii for Ianuarii H. 7. Iac. rot 3503 utlawry reversed for omitting the retorn of the plu cap. in the close of the Exigent P 10. H. 4. rot 337. One renders himselfe prisoner to the Fleet upon an utlawry And because it appeareth that the exigent was not entred upon record in any other Terme he is discharged of the utlawry and set at large Norff. I. at the suit of D. Veiwe Entry of a writ of view in Formedon in discender and a quashment of the same for a speedier returne thereof then by Law it ought TRin. 8. Iac. roll 485. Wolastone City of Yorke ss It was commanded the sheriffs that without delay they should cause to be had to the Gardian searcher or master of the Scoole and Elemosinary poore of the Hospitall of S. Iohn the Baptist in K. R. the view of one Mesuage with the appurtenances in the parish of Arpon the pavement which William Lister in the court here claimeth against them as his right by writ of the Lord the King de forma donationis in discendere and that it should be said to 4. Knights who should be present at that view That they should be here at this day to wit in Cr. Trin. to testifie the said view And that they should have here the names of the Knights and that writ and now here at this day came aswell the said W. L as the Gardian c. by their attorneys aforesaid and upon this Writ of view is quashed because it appeareth here that the said writ is vitious to wit in this that it issued forth retornable here on the said morrow of the holy Trinity where it ought by due course of Law to have beene made retornable here tres Trin. because the plea aforesaid had his last continuance untill Oct. Pur. Beat. Mariae last past Therefore at the petition of the demandant A new writ of view awarded and by the consent of the attorny of the said Guardion c. let another writ thereupon be made in Form as aforesaid retornable here in Cr. Anim. And in the meane while c. at which day here came the parties c. by their attornies and the sheriff sent not the Writ Therefore let another Writ thereof be made in Form aforesaid retornable here tres Pas the same day is given to the same W. L here c. TRin. 11. Iac. roll 3388. Goldesburgh Ebor. ss The sheriff was commanded that he should attach William Denton so that he might have him here at such a day to answer W. H. Gent. one of the attornies Entry of a baile taken upon an attachment of Priviledge in an action of debt c. according to the liberties and priviledges c. of a plea of debt c. and now here at this day came aswell the said W. H. in his proper person as the said W. D. in his proper person under the custody of the sheriff of the county aforesaid by vertue of the Writ aforesaid here brought to the bar And hereupon such a day that same Term before Peter W. Knight one of the Justices of the said Lord the King c. at his chamber in Chancery-lane London came the said W. D. in his proper person under the custody of the sheriff of the county aforesaid And hereupon one R. W. of Cliffords Inne London being present in his proper person before the said Justices undertooke for the said W. D. H 8. b. 8 rot 1. an appearance entred upon an attachment upon an information in the summe of 20 l. and the said William D. assumed for him selfe in the summe of 40 l. to have the body of the said W. D. here in court from day to day at every day of pleading untill the plea be determined and judgment be thereupon given and also if it happen judgment in the same plea to be adjudged for the same W. Hamp against the said W. Denton would satisfie or render his body in execution to the prison of the said Lord the King of the Eleet upon that judgment which said sum of 20 l. the said R. acknowledged to be made out of his lands and chattles and which said summe of 40 l. the said Will. Denton acknowledged Recognizance enrolled c. as in others which said recognizance the said Justice with his owne hands delivered here in Court that same Terme to be inroled upon record T 28. H. 8. rot 328. View View was granted in a Writ de consuetudinibus and Servitiis M 2. and 3. P and M. rot 315. Norff. ss Alias writ of view awarded where the Sheriff retu ned upon the first writ of view that none of the Demandants would shew him the lands It was commanded the sheriff that justly c. he cause to be had to T. K. Knight the view of the mannors of B. B with the appurtenances which Geo. O. Esq in the Court of the Lord the King and the Lady the Queen here claymeth against him by Writ of the said Lady the Queene de ingru in le per And that he should say to 4. Knights who would be present at that view that they should be here at this day to wit tres Mich. to testifie the said view And now here at this day came aswell the said G. by I. C. his attorney as the said T. by P. P. his attorney And the sheriff to wit I. S now retorneth that none on the part of the said demandant came to shew the said sheriff the Mannors aforesaid and for that default he could by no meanes execute the execution and command of that Writ As that Writ in it selfe doth exact and require Therefore as before let the said Thomas have view of the Mannors aforesaid with the appurtenances the same day is given aswell to the said George as to the said Thomas here c. in Cr. Pur. and in the meane time c. THat the view ought to be examined in an assize and Wast and that there ought to be 6. Nota. Recognitors to have the veiw and that 4. of them be hundreders c. Venire Facias P 3. and 4. P. and M. rot 126. Whotly
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
also the same Richard had promised and by his said writ covenanted to and with the said Hugh to redeliver the same goods and chattels to the same Hugh Beeston or his assignes within the space of one Moneth after warning thereof to the said Richard given as by the writing aforesaid fully appeareth And the same Hugh in Fact saith that he after the making of the writing aforesaid and before the day of exhibiting of the same bill to wit the 9 day of Feb. An. 16. c. at London in the parish and ward aforesaid requested the said Richard to deliver to the said Hugh the same goods and chattels within the space of one moneth then next following after the warning aforesaid in Form aforesaid given according to the Forme and effect of the writing aforesaid And so the same Richard although often requested the covenant aforesaid In that the same Richard should redeliver to the said Hugh the same goods and chattels within the space of one moneth after warning to him thereof given hath not held but broken and the same to him yet to hold gainesayd and yet gainsayeth wherupon he sayth that he is the worse and hath damage to the value of 30 l. In such sort it is proceeded in our said Court and that the said Hugh his damages by occasion of the breaking of the Covenants aforesaid in not delivery of the goods and chattles aforesaid to wit one Fether bed one long Table c. of the goods and chattells aforesaid against the same Richard ought to recover But because it is unknowne what damages the said Hugh hath sustained by occasion of the breaking of the covenant aforesaid in not delivering the goods and chattles aforesaid we command you that by the oath of honest c. you diligently inquire what damages the said Hugh sustayned aswell by occasion of the breaking of the covenant aforesaid in not delivering of those goods and chattells as for his costs and charges by him about his Suit in this behalfe laid out And the Inquisition c retornable upon Thursday next after the morrow of S. Martin under your Seales c. And the seales c. damages 8 l. charges 26 s. 8 d. increase 4 l. 7 s. 4 d. in whole 14 l No judgment was entered because the Parties agreed H 18. I. Rot. 568. Devon ss Entry of a Writ of Inquiry in case for sees for suing forth of a Writ of covenant Whereas Iohn Blachford was attached to be in our court before our Just ces at Westminster c. to answer Iohn Hore Gent. one of the attornies of the court of common Bench for that that whereas the said Io. here the 28. day of Sep. An. c. 12. was and alwaies hitherto is one of the attornies of the bench aforesaid and so being one of the attornies of the same Court the same Io. Blachford the said 28. day of Sept. An. 12 above said at Chagford in consideration that the same I. Hore at the speciall instance and request of the same I. Blachford would be the attorney of one Tho. Wise Knight and to prosecute for the same Tho. out of our court of Chancery a certaine writ of ours of covenant of and for levying of a Fine in our said Court of the common Bench between the said Tho. and certaine O. W. Esquire and Margaret his wife of certain lands with the appurtenances in W. and D. in the county aforesaid and a certaine other Writ of ours of Dedimus Potestatem to certaine F. F. Knight H. C. Gent. and I the same I. Hore to be directed to acknowledg the Caption which the same Oliver and Margaret before them or two of them should make of the same lands that a Fine thereupon might be had according to the course of Fines at the common Law of our Realm of England assumed upon himselfe and to the said Iohn Hore then and there faithfully promised that he the said Iohn Blachford all expences which the same Iohn Ho. in and about the prosecution of the Writs aforesaid the levying and ingrossing of the Fine aforesaid and other things which in that behalfe should be requisite and necessary to be don should expend and deposit And also 3 s. 4 d. for his attornies Fee For every Terme wherein the same John Hore should be the Attorney of the same Thomas Wise in and about the prosecution of the businesses aforesaid when thereof he should be required well and faithfully would pay and content And although the said John Hore giving credit to the promise and assumption of the said John Blachford afterwards to wit the 6. day of October An. 12. abovesaid the said Writ of Covenants of the lands aforesaid to wit of 1. messuage 1. Garden one orchard 200. acres of land c. with the appurtenances in W. and T. under the name of the said T. W. against the said F. Whi. and Margaret his wife before the Justices of the Bench in Oct. S. Hillar then next following retornable and retorned And the 7. day of the said month of Octo. the aforesaid other writs of Dedi Potestat of our said Court of Chancery to the same Fr. F. Kt. H. C. and to the same I. H. directed was likewise prosecuted and a Fine thereupon before our said Justices was in due manner had levied ingrossed And a Fine therupon according to the common Law of our Realm of Eng. was levied And all and singular other things which in that behalf were necessary and expedient to be don did and performed And was attorney for the said Thomas in that cause in the Term of S. Michael An. 12. abovesaid and in the Term of S. Hillary then next following and 6 s. 8 d. for his Attorneys Fee in the same Terms were due to the same I. Hore and the same John 78 s. 2 d. in and about the bringing and prosecution of the same Writs and levying and ingrossing of the said Fine and in doing all and singular other things which in that behalf were necessary and expedient to be done in and about the premisses laid out and deposited which said severall summes in the whole doe amount unto 84 s. and 10 d. neverthelesse the said I. B. his promises and assumption aforesaid not regarding but indeavouring and fradulently intending him the said J. Hore of the said 84 s. 10 d. craftily and subtilly to defraud the same 84 s. 10 d to the same I. H. according to his promise and assumption aforesaid hath not paid although to this by the same I. H. afterwards to wit the 20. day of March An. c. 14 s. at Chagford aforesaid was requested but the same to him heitherto to pay hath denyed yet denyeth c. In such sort it is proceeded c. damages 6 l. mi. 20 s increase 6 s. in whole 8 l. Liberari Facias P 4 Eliz. rot 1919. H 32 Eliz. rot 1606 Heref. ss Entry of a wâ—it of Liberari fac to the
together and undâ—videdly doe hold 20. Mes 6. mills 20. Gardens 2000. acres of land 500. acres of Meadow 1000. acres of Pasture 2000. acres of wood 2000 acres of Furs and heath and 500. acres of land covered with water with the appurtenances in Balcombe Tuck-feild Slewham Crawley and Porth the same Walter to make partition thereof between them according to the Forme of the statute in such case provided gainsayeth and unjustly permited not the same to be don and against the Form of the statute aforesaid And the same Walter in the Court of the King here well granteth that partition thereof be made by which it was considered in the same Court of the Lord the King here that partition should be made between the parties aforesaid of the Tenements aforesaid with the appurtenances That taking with him 12. Free and lawfull men of the neighborhoods of B. C. S. C. and W. by whom c. he should come in his proper person unto the Tenements aforesaid with the appurtenances and in the presence of the parties aforesaid by the same Sheriffe to be premonished if they will be present the same Tenements with the appurtenance by the oath of honest and lawfull men of his county respect being had to the true value of the same Tenements with the appurtenances he should cause to be parted into two equall parts and one part of the sâ—me Tenements with the appurtenances to the same Edward and the other part of the same Tenements with the appurtenances residue to the same Walter to hold to them in severalty he should cause to be delivered and assigned so that neither the said Edward nor the same Walter may have more of the Tenements aforesaid with the appurtenances then belongeth to them to have and that the said Edward of his purpart to the same Edward out of the tenements aforesaid with the appurtenances hapning And the same Walter of his purpart to the same Walter out of the tenements aforesaid with the appurtenances hapning may severally apportion themselves and that partition by the same sheriff distinctly and openly made he should make appeare here in Oct. S. Mich. under his seale and the seales of them upon whose oath that partition shall be made and that he should have here the names of them upon whose oath he should make that Inquisition and that writ And now here at this day came the same Edward by Robert Moyle his attorney and the sheriff to wit Nicholas Eversfeild Esq now retorneth here a Certaine partition between the parties aforesaid of the tenements aforesaid by the same sheriff before him by vertue of the writ aforesaid and according to the Form of the said writ by the oath of 12 c. made which followeth Sussex ss I. N. E. sheriff of the county aforesaid to the Justices of the Lord the King do certifie by vertue of a writ therein to me directed and to this schedule annexed the seventh day of August An. c. 18. See the new book of Entries title Partition fo 411. such a form took with mee I. F the elder I. F. the younger and ten others twelve Free and lawfull men of the Neighbourhoods of B. C. S. C. and W. in the same writ specified I came in my proper person to the tenements in the same writ specified to wit to 20 Mess 20. Gardens 2000. acres of Land 500 acres of Meadow 1000. acres of pasture 2000. acres of Wood 2000. acres of Furze and heath and 500. acres of Land covered with water in B. C. S. C. and W. in the same writ mentioned And there by their oath respect being had to the true value of the Tenements aforesaid with the appurtenances in the presence of the parties in the same writ named by me the same sheriff premonished the same Tenements into two equall parts with the appurtenances I have made to be parted and one part of the Tenements aforsaid with the appurtenaces to wit one Capitall Messuage or mansion house called T. with the appurtenances c. and so receite the parcells c. I have caused to be delivered and assigned to Edward Culpeper Knight in the same writ named for his purpart of the Tenements aforesaid to hold to the same Edward in severalty by himself as by meets and bounds they are now divided And an other part of the same Tenements with the appurtenances that is to say one Messuage called the glovers house otherwise Gardners farm c. And so receit the other particulars c. 2. Part. I have câ—used to be delivered and assigned to Walter Covert Knight in the same writ likewise named for his purpart of the Tenements aforesaid to hold to the same Walter in severalty by himself as by meets and bounds they are now divided so that the same Edward of his purpart of the same Edward out of the Tenements aforesaid with the appurtenances hapâ—ing And the same Walter of his purpart to the same Walter out of the Tenements aforesaid with the appurtenances in Form aforesaid hapning may severally apportion themselves as by the same writ it was commanded to me in Testimony whereof aswell I the same sheriff as the Jurors aforsaid to this partition have severally put our seales the day and yeare abovesaid Judgment that the paâ—tion be held fâ—â—m amd stable Therefore it is considered that the partition aforesaid be held Firm and Staple for ever Note that at the retorn of this writ of particion Hickham the Kings Serjeant at Law and of councell with the defen Sr. Walter Covert Knight came to the bar and moved that the partition might be quashed and that a new Writ to make partition might issue For that the partition was not Legally made by the sheriff And upon much debate in Court the 4 Judges Hobort Warborton Winch and Hutton ordered Sr. Walter Covert to pay to Sr. Edw. Colpeper 3500 l. for his part wherewith the parties are agreed and Sr. Walter Covert in joyed the lands aforesaid and the writ was not Filed nor the judgment entred but I added it to the partition because of the presedent Plur. Replegiare M 6. 7. Eliz. Rot. 423. Entry of a wrâ— of Plur. replegiare Otherwise as it appeareth in the time of the holy Trinity An. 6. Regin nunc Rot. 621 It is thus contayned Derb ss It was commanded the sheriff that whereas of late the Qu. had more times commanded the said sheriff that instantly and without delay he should make replevy to M. S. widow a certaine oxe which E. T. and W. T. took and unjustly detayned c. Or the sheriff of the County aforesaid should be before the Justices of the said Lady the Queen here to wit at VVestminster in Oct. S. Mich. An. 4 Reg. nunc to shew wherefore he contemned to execute the command of the Lady the Queen so often to him therein directed And the same sheriff to the Justices of the said Lady the Queen here at the day of the retorne that
the whole time aforesaid to be replevied by the sheriffs Ministers of the City aforesaid for the time being by vertue of a plaint in the Court of the sayd Lady the Queen and her progenitors Kings of England held before the Sheriffs of the City aforesaid for the time being levied and not by writ of the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery and also that all the customes of the City aforesaid by Authority of Parliament of the Lord E late King of England after the Conquest at Westminster The Sheriffs are free men of London and held by their oath to observe the customes of the City the fifteenth year of his Reign held were ratified and confirmed to the then Mayor and Comminalty of the same City and their successors which said Liberties and free Customes of the same City they the same sheriffs and freemen of the City aforesaid before the purchasing of the said Originall Writ and alwaies afterwards hitherto being bound by oath have observed and are bound to hold without any violation for which causes the sheriffs aforesaid could not replevy the goods and chattells in the sayd Writ specified or do Execution upon the sayd writ nor can at the present but because it seemeth to the Court here that the Return aforesaid The Returne of the Sheriff vicious in form aforesaid made is as well in contempt and prejudice of the said Lady the Queen now and of her Court and also in Derrogation of her Crown and Dignity and manifest Danger of her Dis-inheriting and also that it giveth way and redoundeth to the immoderat damage and greivance of the same W and Delay of his suit therefore as before the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattells aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed Plur. repleg awarded and in as much c. They make appear here in 8 Sancti Hillarii c. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term to answer as well to the said Lady the Queen as to the same W of and upon the premisses further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalfe and in as much c. The same Coroner cause to appear at the same Term c. Pone Sheriffs returne upon a Pone adjudged void for that he shew edssino the cattell in specie named in the Returne See p. 3 El. Dyer fol. 199. pl. 54. Report of the case 21 E 4 fol. 23. M. 18. H. 6. rot 428. H 2. Eliz. rot 191. It is recorded by the Court here the third day of May in the year of the Raign of the Lady Elizabeth now 3. That the Returne aforesaid is vitious invalid and insufficient in Law for that there are no cattell named in Specie in the Return aforesaid contained for which the same Sheriff by vertue of a Writ of _____ was attached to be here at the said Octab. Pur. c. whereupon no judgement by the Justices then here for any forfeiture to be made to the Lady the Queen upon the Attachment by the Law of the Land ought to be given nor is given as it appeareth above and so the processe and extracts for the price or value of the Cattell aforesaid to be forfeited without Judgement and consent of the Court here by the Officers of the same Court without Warrant was made c. Quaere if not between Netherfall and Lawrence Priviledge H 45. Eliz. rot 818. Brownlow Lanc. ss At the return of a Capias against a servant of the câ—cife Cleâ—k of the Kings Bench the servant came in person into the Court of Common Beuch delivered to the Justices a writ of supersedias prayed the allowance thereof that they would not hold plea c A writ of priviledge for a servant of the cheif clark of the Kings bench It was commanded the Sherif that he should take John Wood late of Brenset in the county aforesaid Yeoman of c. and safely c. so that hee might have his body here at this day to wit in Octab. Sancti Hillarii to answer to T. L in a plea wherefore with force and arms one Messuage ten acres of Land with the Appurtenances in B. which Margeret Erlington widdow to the same T. devised for a Terme which is not past entred and him from his Farme aforesaid ejected and other Enormities c. To the great Damage c. and against the peace c. And now here at this day came as well the same T. by I. P. his Attorney as the same John Wood in his proper person and hereupon the same J W. brought here into the Court a certain Writ of the sayd Lady the Queen of Supersedeas in the cause aforesaid closed to them directed The Tenor whereof followeth in these words Elizabeth c. To our Beloved and faithfull Edmund Anderson Knight and his Associates Justices of the same Bench greeting As well of our Dignity as according to the ancient Custome used and approved of in times past hitherto obtained That our cheif Clark of the pleas in our Court before us ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints pleas of Free Tenement only excepted nor by the whole time aforesaid were accustomed And now in our Court here before us on the behalf of John Wood one of the servants of John Rooper Knight our cheif Clarke assigned to Roll pleas in our said Court before us It is given us to understand That one Thomas Lacke little regarding the custome aforesaid the same I W by the name of I. W. late of B. in the County of Kent Yeoman hath drawn into plea of a plea wherefore with force and armes one Messuage c. as above untill against our peace c. to the very great disprofit and greivance of the said I. W and manifest infringement of the Liberties and priviledges aforesaid in our Court before us by the whole time aforesaid hitherto used and approved whereupon we are willing to provide him a fit speedy remedy to observe the Liberties priviledges aforesaid for so long time used infringed We command you that from further holding of the plea aforesaid before you or compelling him the said I. W. further to answer before you in the plea aforesaid ye be altogether superseded saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will Teste Iohn Popham at Westminster the twenty fourth day of January Anno Regni nostri 45. Rooper Which said Writ being read and heard the same Iohn Wood saith That he is and at the day of purchasing of the Writ
judgment in a writ de droit de Gard. P. 2. H. 7. Rot. 50 Scire Fac upon a judgment in detinue for Cattle and for Debt ss IT was commanded the sheriff whereas I. P. one of the attornies of the Court of the Lady the Queene here of the common Bench lately in the same court of the Lady the Queen here to wit 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here Entry of a Sci fac against an heire upon a judgment against his father in debt and an Elegit awarded by the consideration of the same Court had recovered against I. K Kt. aswell a certaine debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted and by the record and proceedings therein in the same court of the Queen here remayning manifestly appeareth Neverthelesse execution of the judgment aforesaid yet remayneth undon M 26 27. Eliz. rot and the same I. K Knight is dead as by the information of the said I P. the Queen understandeth And because c. that by honest c. he make known to I. K. Esquire son and heire of the said I. K. Knight and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee simple at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim to shew if any thing c. wherefore the said 12 l. 6 s. and 13 s. 4 d. ought not to be made of the lands and tenements which were of the said I. K Knight in Fee-simple at the time of giving of the Judgment aforesaid in his bayliwick being in the seisin of the said I. K. the son and rendred to the same I. B. according to the form of the recovery aforesaid And now here at this day came the same I. P. in his proper person and offered himselfe the 4. day against the said I. K. the son in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath made known to I K the son of being here at this day by I D and R F honest c. Therefore it is considered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple at the time of giving of the judgment aforesaid being in the seisure of the said I. K. the son by default c. and hereupon the same I. P. hath chosen to be delivered to him the moyety of all the Lands and Tenements which were of the said I. K. Knight in Fee-simple being at the time of the judgment aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided untill the said 12 l. 13 s. 4 d. be thereof levyed and prayeth a writ thereof to be directed to the sheriff of the County aforesaid And it is granted to him retornable here in Oct S. Hill c. quaere de rest forme H 3. Jac. Rot. 308. ss Entry of a Sci fac against an heir and judgement thereupon by default upon a judgement had against the Father deceased in the time of another King It was commanded the sheriff whereas R. S latly in the court of the Lady Eliz. late Queen of England to wit in the Term of the holy Trinity An. 30. before E. A. Knight c. by the consideration of the same Court had recovered against T S late c aswell a certaine debt of 40 l. as 40 s. which c. as by the record and proceedings here in the Court of the Lord the King now here remaining manifestly appeareth notwithstanding execution c. And the same T is dead as by the information of the same R. c. and because c. that by honest c that he make knowne to W S son and heire of the said T. who hath lands and Tenements which were of the said T in Fee simple in Cr. Tri. An. c. or at any time afterwards that hee should be here at this day to wit in Oct. Hill to shew if any thing c. wherefore they ought not to make the debt and damages aforesaid of the lands and Tenements aforesaid being in the county aforesaid and render them to the said R. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same R by I H his attorny aforesaid and offereth himselfe the fourth day against the said W. in the plea aforesaid and he being solemnly called came not and the sheriff now retorneth that he had made known to the said W. son and heire of the said T. and tenant of two messuages and 100. acres of land Scit fac returned with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli to shew in form aforesaid c. by I. K. and L. I. honest c. and hereupon the same R. prayeth execution against the said W. of the debt and damages of the lands and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity to him to be adjudged c. Therefore it is considered that the said R. have execution against the said W. of the debt and damages aforesaid to be levied of the tenements aforesaid by default c. Inquire of the forme of this writ P 4. J. Ro. 25 57 Upon a Recovery in debt against G. K son heir of W K. by I. Harper Sci. fac to the Tenants of the lands Tenem which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42 Eliz. which day the said Iohn Harper purchased his originall writ in debt against the said W. that he should be here in Oct. Hill c. Entry of a Sci fac brought by an executor against an h ire upon judgment against his Father c. H Ill. 5. Jac Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9. It is thus contayend Corn. ss It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England to wit in Mich. Term An. 37 and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here to wit at Westminster had recovered against I C late of c. aswell a certaine debt of 40 l. which c. as 40 s. which c. put c. Execution notwithstanding c. and aswell the said
W. as the said W W are dead as by the information of W S executor of the testament of the said W W the King understands and because c. that by honest c. he make known to C C Gent. son and heire of the said I and now Tenant of all the lands and Tenements which were of the said I in Fee-simple at the time of giving the judgment aforesaid that he should be here at this day to wit in Cr Trin. to shew if any thing c. wherefore the debt and Damages aforesaid ought not to be made of the lands and tenements of the said I. in Fee-simple at the time of the judgment aforesaid given being in the seisin of the said C in the county aforesaid according to the form of the recovery aforesaid and now here at this day came aswel the said W S by I B his attorney as the said C by P K his attorny and the sheriff now retorneth that he by vertue of the writ aforesaid to him directed die tali An. by E D and W W honest Sci fac tenenti terr returned c. made known to the said C son and heire of the said I and tenant of 1 Messuage and 10. acres of land c. in C in the county aforesaid which were of the said I C in Fee-simple at the time of the judgment aforesaid given that he should be here at this day to shew if any thing wherefore the debt and damages aforsaid ought not to be made of the lands and Tenements aforesaid being in the seisin of the said I and rendred to the said W S according to the forme of the recovery aforesaid And hereupon the said W S bringeth here into court the letters testamentary of the said W W by which it is sufficiently manifest to the Court here the same W S to be executor of the testament aforesaid and thereof to have the administration c. and prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to him to be adjudged c. and hereupon the same C prayeth licence thereof to imparle here c. untill Oct. Hill c. at which day here came aswell the same W as the same C by their attornies aforesaid and hereupon the same W S as before prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to be adjudged to him c. ANd the said C saith that the said W execution against him as son and heire of the said T C of the debt and damages aforesaid ought not to have because he saith that he hath not Monstrans de testament Bar riens per discent Quere nor at any time after the judgment aforesaid given had any lands or tenements by hereditary discent from the said I his Father in Fee-simple whereof the debt and damages aforesaid could be made and this he is ready to verifie whereupon he prayeth judgment of the said W S execution against him as son and heire of the said I of the debt and damages aforesaid ought to have c. ANd the said W S saith that by any thing before alledged Replication that he had assets by discent at the teste of the Sciâ— fac he ought not to be barred from having his execution against the said C as son and heire of the said I of the debt and damages aforesaid because he saith that the same C before the day of the judgment aforesaid given and the day of purchasing the said writ of Scire fac to wit tali die An. had sufficient lands and tenements by hereditary discent from the said I. his father in Fee-simple whereof he might have satisfied the said W S of the debt and damages aforesaid to wit at C aforesaid and this he prayeth may be inquired of by the Country and the same C likewise Therefore 12 c. Continuance of a Scire facias ss AT which day here came the said Plaintiff by his attorny aforesaid And the sheriff sent not the writ Therefore let the defendant as before be premonished that he be here in Ost. S. Mich. to shew in Forme aforesaid c. Sci fac by the surviving Administrator of goods of the first intestate not administred by the first administrator T 16. Jac. Rot. 3109. London Int. G and H Scire fac by the surviveing administrator of the goods of the first intestat of goods not administred by the first administrator Sci fac brought upon a Devastavits post An. diem T 19. Jac. Rot. 1779. Scire fac to have execution de bonis propriis upon a devastavit retorned post An and diem Sci fac brought against the administrator by the executor at his full age upon a judgment had against the intestate by the administrator during the minority of the Infant H 7. Jac. Rot 109. Brownlow London ss It was commanded the sheriff whereas I B and H G administrators of the goods and chattles which were of I W during the minority of Margaret W executrix of the testament of the said I W lately in the court of the Lady Eliz. late Queen of England to wit in Mich. term An. 27. and 28. before E A Knight and his associats then justices of the said Lady the Qu. of the Common Bench here to wit at Westminster by the consideration of the same Court had recovered against W D late c. otherwise called c. aswell a certaine debt or 160 l. as 98 s. which c. whereof he is convicted as by the record and proceedings therein in the court of the Lord the King now here remayning manifestly appeareth execution notwithding of the judgment aforesaid yet resteth to be done and the said W is dead Averment of the full age of the executrix and the death of the Defendant And the same Margaret after the judgment aforesaid therein given is come to the full age of 21. yeares and afterwards took to husband one Tho. Knight as by the information of the said T. and M executrix of the testament of the said I W deceased the King hath understood And because c. by honest c they should make knowne to W D and Margaret his wife Administratrix of the goods and Chattells which were of the said W D who died instated Sci fac awarded against the administratrix of the defendant c. at the time of his death That they should be here at this day to wit in Oct. Hill to shew if c. wherefore the same Thomas and Margaret his wife execution against them of the debt and damages aforesaid of the goods and Chattles which were of the said W D at the time of his death being in the hands of the said W and M his wife to be administred ought not to have c. according to the Form of the recovery aforesaid if c. and an al
of the Dower of the said M. of one Messuage 29. acres of land c. with the appurtenances in M. from the time of the death of the said R her late husband c. As for their damages which they had by occasion of the detayning of the Dower whereof he is convicted as by the Record proceedings therein in the Court of the Queen here remayning manifestly appeareth Tenant in the writ of dower after judgment dieth Sci fac awarded against the son and heir Neverthelesse excution of the judgement aforesaid yet resteth und on And the same T. B. is dead as by the information of the said W. and M. the Queen understands and because c. that by honest c. he should make knowne to E. B. son and heir of the said T. who holdeth the lands and tenements which were of the said T. at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim. to shew if any thing c. wherefore the said W. and M ought not to have execution against him of the value of the Damages aforesaid of the Lands and Tenements aforesaid according to the Form of the recovery aforesaid if c. Return de vic Alias Scâ— fac awarded And now here at this day came the same W. and M. by I. G. their attorney and offered themselves the 4th dâ—y against the said E. of the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath nothing c. nor is found c. Therfore as before the sheriff is commanded that by honest c. he should make knowne to the said E. that he be here 15. Marti to shew in Form aforesaid if c. And now here at this day to wit the said 15. Marti came aswell the same W. and M. by their attorney aforesaid as the same E. premonished c. by W. D. his Attorney Sci fac returned but note that the Sheriff doth not return of what lands the son and heiâ— is tenant according to the point in the writ And the sheriff to wit R. I. Esquire now retorneth that he made knowne to the said E. of being here at this day to shew in Form aforesaid by T. D. and I. G. honest c. And hereupon the said W. M. prayeth Execution against the said E. of the value and damages aforesaid of the lands and tenements aforesaid to them to be adjudged c. and the said E. reserving to himself all and all manner of exceptions and advantages aswell to the said writ of Scire fac as to the declaration aforesaid prayeth imparlance here untill Oct. S. Hill and hath it c. Speciall imparlance The same day is given to the said W. and M here c. At which day c. and from thence imparleth untill Oct. Mich And now here at this day to wit at the said Oct. Mich. came aswell the said W. M as the said E. by their Attornies aforesaid and hereupon the said W. and M as before prayeth execution against the said E. of the value and Damages aforesaid to them to be adjudged c. And the said E saith nothing in bar or hinderance of the execution of the said W. and M aforesaid by which the same W. and M. remaine against the said E. and thereof without defence therefore it is considered that the said W. and M. have Execution against the said E. of the value and Damages aforesaid of the lands and Tenements aforesaid by default c. And because it is not knowne what Lands and Tenements the same T had at the day of his death in Fee-simple Judgment by nichil dic Suggestion to have a Writ to inquire of the value of the lands awarded nor how much those Lands and Tenements were worth by the yeare according to the true value thereof it is commanded the sheriff that by the oath of honest and Lawfull men of his Bayliwick he diligently inquire what Lands and Tenements the said T. had the day of his death in the Bayliwick of the said sheriff And if the said T. died seised of any Lands and Tenements with the appurtenances in Fee-simple Then how much those Tenements were worth by the yeare in all issues beyond reprises Quaere for these words are neither perfect nor good And after such inquisition by the sheriff made he deliver the same Lands and tenements to the same W. and M without delay according to the true value of them to hold to the same W. and M. untill the said 45 l. and 10 s for the value and damages aforesaid thereof be levyed c. and in asmuch c. the sheriff make appeare here 15. Mich. At which day there came the said W. and M by their attorney aforesaid and the sheriff to wit Quaere de rest matter I. B. Knight now retorneth here a certaine Inquisition c. that the father was seised in Fee of 22. acres of Land at the day of his death to the value of 9 s. 8 d. which said 22 acres of Land the sheriff delivers intirely c. Debt against fâ—ur Executors two appear and the Plaint tame against the same two with a simul cum c. Judgment against the four and the two that appeared onely a mercied H 12. H. 7. rot 361 Mordant Devon ss Roger Viell brought his Accompt of debt against Nich. Yeo. and Eliz. his wife executors of Eliz. Mounck executrix of I. Mounck that they together with W. Mo. and H. Mounck should render to him 38 l. 17 s. upon bill obligatory made for the payment of 64 l. 19 s. 7 d. ob and satisfaction confessed for 26 l 2 s. 7 d. ob by the testator Notwithstanding the executors although often requested c. have not rendred c. And the same N. and Eliz his wife together with those c. to him to render gain say and unjustly detaine c. and the same Nicholas and Ann confesse the account and judgment that the plaintiffe should recover against the said Nicholas and Elizabeth W. and Humphery the debt and damages to 10 s. de bonis testatoris levand and the said Micholas and Eliz. in mercy c. and the damages remitted A Sci. fac was brought against the Executors upon this judgment as followeth H 13. H. 7. Rot. 309. Mordant Devon ss R. U. brought his scire fac upon the judgment next above against the said executors to have execution upon the said judgment retorned Cr. Trin. the sheriff retorneth Scire Feci to Humphery Mounck one of the executors who commeth Sci fac upon the judgment abovesaid c. And nothing against the other two Executors which came not and the said Humphery pleaded ne unq Execut. The Plaintiff saith that he ought not to be barred from having his execution aforesaid upon the judgment aforesaid and notwithstanding the said plea of the said Humphery above
statute of Westminster 2 Cap. 25. T 2. H. 6 rot 131. Scire facias against the sheriff Sci. fac against the sheriff for taking in sufficient pledges in Replegiary Sci. fac and judgement therein superseded for that the Defendant was in the Kings custody Sci. fac against one Executor to have execution c. upon a Sci. Fac de bonis testatoris against 2. executors returned no goods in the hands of the one and a devastavit against the other See 4 Eliz. Dyer f. 110. pl. for that he took not sufficient pledges to have returne of the Cattell irreplegiary T 2. H. 4. rot 110. entry of a scire fac upon the note of a fine Exetion awarded but afterwards a writ out of the Chancery was directed to the justices Ad supersedendum c. for that the Defendant against whom the judgement was awarded was in the Custody of the King P 4. H. 4. rot 403. A scieri facias against two Executors was returned that the said Executor have no goods or chattells which were of the Testators at the time of his death nor had at the time of the receiving of the Writ c. But that that the said A one of the Executors aforesaid had diverse goods and chattells to the value c. but had wasted them before the receiving of the said writ thereof Scire facias against him wherefore he ought not to have Execution against him De bonis propriis and Eexcution was therein by default c. SCire facias for I. S. widdow A genervll acquittance pleaded in bar to a Sci. fac to have execution upon a judgement Executrix of the Testament of I. S against I. R. an Attorney of the Bench upon a recovery by the Testator for Debt and Damages and the Defendant appeared and pleaded a generall Acquittance made by the Executrix c. A Sci fac against Coheires makes default and execution against him proportion ejus de hereditate contingen T 27. Ed. 1. Rot. 17. in a Scire Fac against Coheires vouch by the Tenant for the value one of the heires appeareth and pleadeth and the other maketh default Therefore let the execution be made against him for the portion to him happening out of the inheritance c. to the value of the residue c. P 6. H. 4 Rot. 192. ss in a Scire fac against Tenants for exempting a Fine Nota. the processe was continued untill the parties were at issue at which day one of the tenants dyeth and an other writ was sued by Jornies accompts Journeis Accounts and afterwards at the return of the 2. Scire Fac. an other of the Tenants dyeth and an other writ was sued by Jorneis accomptes and afterwards one of the Defendants made default Receit and afterwards came at a day in Court he that made default dyeth after the last continuance Parol demur for nonage of the heire and at a day in Court came his wife and her sister and prayeth to be received and for that they were within age they pray paroll demur c. M 14. H. 8 Rot 439. P. 4. H 8. Rot. 437. A Scire Fac. awarded to have execution against the Termor for yeares within the Terme upon suggestion that the Termor had surrendred to the Defendant A Sci fac against a Termor and had execution by default c. COrnub ss It was commanded the sheriff whereas Richard Rawlin was summoned to be before the Justices of the Lord the King to answer Richard Barret Esquire in a plea wherefore A Sci. fac brought by the heire of the Plaintiff in partition who after judgment and before partition made died whereas the same Ri. and Ralph had held together undivided 1. Messuage 1. Garden 40 acres of Land 6. acres of meadow and 60. acres of Pasture with the appurtenances in S. Minver the same Ralph to make partition thereof between them according to the Form of the statute in this case provided contradicted and suffered not the same to be don against the forme of the statute aforesaid in such manner thereupon in the same court it was proceeded that afterwards to wit in Mich term An. Reg. dicti domini Rs nunc 9 It was considered that partition should be made between the same Ri. and the said Ralph of the Tenements aforesaid with the appurtenances as by the Record and proceedings therein in the same Court here remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth undon and the same Richard is dead as by the information of M. B. and G. B. daughters and heires of the said Ric. the King understandeth and because c. that by honest c. he should make knowne to the said Ralph that he should be here at this day to wit 15. Pas to shew if any thing c. wherefore partition between the same M. and Grace and the same Ralph of the Tenements aforesaid with the appurtenances ought not to be made according to the Form of the consideration aforesaid if c. See the entry of this writ in the title Gardiano admittendo And now here at this day came aswell the said M. and Grace by N. Sprey who is admitted by the Court here to prosecute for the same M. and G. who are within age as Guardian of the same M. and Grace in the plea aforesaid As the same Ralph by Iohn Hunking his attorney and the sheriff now retorneth that the said sheriff by VVilliam Cook and Richard Harris honest c. made knowne to the said Ralph that he should be here at the day and place aforesaid as by that writ it was commanded him T 15 Jac rot 2035. H 20 Jac rot 679. between C and C and hereupon the same Mary and Grace pray that partition between the same M. and G. and the said Ralph of the Tenements aforesaid with the appurtenances may be made c. whereupon the same R. prayeth imparlance untill Cr Trin. and hath it c. the same day is given to the said M. G here c. See Tri 33. E. Rot. 1814. The tenor of a Writ of Dedimus Potestatem in gardiano admittendo in Dower sent to the Justices of the Common Bench and the entry there And after the entry this And hereupon it is granted by the Court here that the said T. M. follow for the same T. B. who is within age and guardian of the same Tho. against the said Eliz. in the plea aforesaid c. P 28. H. 8. Rot 408. ss L. and others against A. and others Entry in the Post The Tenant by W. A. his attorney commeth and calleth the Common Uouchee and after the judgment a Writ out of the Chancery to receive the attorney admitted is entred in haec verba M 44. and 45. Eliz. Rot. 1658. Entry of a Sci fac to have execution and seisin of new in dâ—wer for that the Sheriff in favour of the
untill the debt aforesaid be levied and upon a judgment that the first recorder is satiâ—fied he shall have such a Scire fac against the first creditor to remove him and to have the lands delivered upon the second extent 38 E. 3. 12. 6. whereas it was considered that in the Court of the Lord the King here that Edward B. Knight should have execution against Thomas Coney late of c. otherwise called c. aswell of a certaine debt of 80 l. which the same Ed. otherwise in the Court of the Lady Elizabeth late Queen of England here to wit in Mich. Term An. of the Reigne of the said Lady the Queen 39. and 40 had recovered against him as of 50 s which to the same Ed. in the same Court were adjudged for his damages which he had by occasion of the detayning of that debt whereof he is convicted And the same Edward afterwards came into the Court of the Lord the King now here and by the statute in such case provided chose to be delivered to him all the goods and chattles of the said T. besides his Oxen other necessaries for the plough likewise the moyety of all his lands and Tenements in the County of Staff to hold as his Free Tenements to him and his assignes according to the statute aforesaid untill he had levyed the debt and Damages thereupon whereupon the King by his writ commanded the sheriff of Staff that all the goods and chattles of the same T. besides his Oxen and necessaries of his Plough and likewise all his lands and Tenements in the County of Staff whereof the same T. in Cr. Anim. An. of the Reigne of the late Queen 39. or at any times afterwards was seised or possessed without delay he should cause to be delivered to the said Edward by a resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattles And also to hold the moyety aforesaid as his Free Tenement to him his assignes according to the Form of the statute aforesaid untill he had levied the debt Damages aforesaid thereupon and in asmuch c. the sheriff should make to appeare here in Crast Anim. An. Regni Rs. nunc 9 and the same sheriff here then returned that he by vertue of the writ aforesaid to him directed had take a certain Inquisition before him at Stafford in the same County of Staff the 22. day of October last past by the Oath of 12. c. by which it was found that the same T. after the Judgment in the same Writ specified given to wit the 20 day of November before the taking of the inquisition aforesaid was seised in his Demesne of Fee of and in the Mannor of W. Coney with its Rights members and appurtenances in the said County of Saff of the yearly rent in all issues besides reprizes 40 s. and recite the return of the inquisition word for word untill in all issues besides reprizes 20 s. And further by the Inquisition aforesaid it is found that the same T. C. at the time of giving of the judgment in the Writ aforesaid specified or at any time afterwards untill the same day of taking of the inquisition aforesaid had no other or more land or Tenements nor any goods or Chattels in the same County of Stafford to the knowledge of the Jury of the Inquisition aforesaid further the same sheriff then there returned that he by vertue of the Writ aforesaid the moyety of the Mannor and Tenements aforesaid above mentioned to be extended to the same Edw. B. according to the exegency of that writ he could not cause to be delivered for that the Mannor aforesaid and all other the premisses with the appurtenances by vertue of an other writ of Extent and Liberi fac to him before therein directed the eight day of January last past to one H P. made to be delivered All and singular which premisses with the appurtenance in the hands of the same H. yet are and remaine by occasion thereof And as to any further execution of the said writ nothing by the said sheriff was further acted therein As by the Record thereof in the Court here remayning manifestly appeareth although after the taking of the Inquisition aforesaid the 8. day of November An Regni of the said Lord the King now of England the 9 th abovesaid it is satisfied to the said Humphery by the said T. Coney of his debt and Damages in the said other Writ specified And although also the said Edward be not yet satisfied of his Debt and Damages aforesaid Notwithstanding the same Humphery yet keepeth possession of the lands and Tenements aforesaid with the appurtenances Generall avermant of satisfâ—ction as by the information of the said Edward the King understandeth And the same Lord the King being willing to do to the said Edw what is just and consonant to reason doth command the sheriff that by honest c. he should make knowne to the said Humphery that he should be here at this day to wit Cr. S. Trin to shew if any thing c. wherefore the same Humphery whereas he is satisfied of the Debt and Damages aforesaid in Form as aforesaid The possession of the Mannor Tenements aforesaid with the appurtenances he would hold or ought and row here at this day came aswell the said Edward by Iohn Richards his attorney as the same Humphery by R. G. his attorney and hereupon the same E. prayeth judgment and that the same H. from his possession of the Mannor and Tenements aforesaid with the appurtenances may be removed And that the said Edward into the possession of the moyety of the same Mannor and Tenements with the appurtenances may be restored so that the moyety of the same to the said Edward according to the extent aforesaid may be delivered c. ANd the said Humphery reserving to himself all and every advantatages and exceptions Speciall imparlance aswell to the Writ as to the declaration a-aforesaid prayeth license thereof to imparll untill Oct. S. Mich. and hath it c. the same day is given to the said Edward B. here c. At which day here came aswell the said Edward as the said Humphery by their attornies aforesaid And hereupon the same Edw as before prayeth judgment and that the said H. from his possession of the mannor and Tenements aforesaid with the appurtenances may be removed and that the moyety of the same Mannor and Tenements aforesaid with the appurtenances to the said Edward according to the Extent aforesaid may be delivered c. And the same Humphery nothing in Bar or delay of the judgment aforesaid saith whereby the same Edward remayneth against the same H. therein without defence Therefore it is considered that the same Humphery from the possession of the mannor Tenements aforesaid with the appurtenances be removed c. And that the moyety of the same Mannor and Tenements
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.