Greeting put under security and safe pledges Thomas Brerewood and Will. Leuston Clark that he be here as in another Writ to answer John Crugge in a Plea that they together with John Bishop of Exiter Robert Perens Clark permit the said John Crugge to present a fit person to the Church of Exmister which is void and doth belong unto his Donation as he saith and to shew wherefore they kept not the day to them given by their Esloin in our Court before our Justices at Westminster from the day of St. Hillary in 15. dayes after they were Summoned we also command you that you distrain the aforesaid R. by all his lands c. as above before our Justices at Westminster at the aforesaid Term to answer the aforesaid J.C. together with the aforesaid T. and VV. in Plea aforesaid and to hear his judgement for many defaults and have you c. T. c. The Entry thereof ss J.D. by his Attorney offered himself the 4th day against T. B. VV.L. Clark and P. Clark in a Plea that they together with John Bishop of Exeter permit the said J. C. to present a fit person to the Church of Exmister which is void and to his Donation belongeth c. and they came not and the aforesaid T. and VV. had thence day by their Esloin here even to this day to wit from after they were Summoned c. therefore let them be attached that they be here in 8. dayes of S. Hillary and the Sheriffe was commanded that he should attach the aforesaid R. c. and the Sheriffe returned that he is attached by pledges John Doo and Richard Roo therefore he is in mercy c. and let him be distrained that he be here at the aforesaid eight dayes of St. Hillary c. or at the aforesaid term c. Distringas against a Bishop to cause the Clark to come Oliver c. Greeting we command you that you distrain VVilliam Bishop of Lincolne by all his Lands c. and that of the profits of the same to us you answer so that he may have before our Justices at VVestminster in eight dayes of St. Hillary A.B. his Clark to answer C. D. in a Plea that he render to him one hundred shillings which to him he oweth and unjustly detaineth as he saith and to hear his Judgement for many defaults and have you c. The Entry thereof ss The reverend Father in Christ VVilliam Bishop of Lincolne was commanded that he should cause to come here at this day to wit in eight dayes of St. Hillary A.B. his Clark to answer C. D. in a Plea that he render to him 50. s. which to him he oweth unjustly detaineth c. and now here at this day came the aforesaid C.D. by William S. his Attorney and offered himself the 4th day against the aforesaid A.B. in the Plea aforesaid and he came not and the aforesaid Bishop returned that he is attached by pledges John Doo Richard Roo therefore they are in mercy c. Therefore the Sheriffe is commanded that he distrain the aforesaid Bishop by all his Lands c. and that of the profits c. so that he have here in eight dayes of the Purification of the blessed Virgin Mary the aforesaid A. B. his Clark to answer the aforesaid C. D. of the aforesaid Plea c. The Entry of a quid Juris clamat ss The Sheriffe was commanded that he should cause to come here at this day to wit in eight dayes of St. Michael Jane Wevel Widow to acknowledge what right she claimeth in four messuages and two hundred Acres of Land with the appurtenances in Pinghill also Philip Buttler to acknowledge what right he claimeth in 50. Acres of Land and five Acres of Meadow with the appurtenances in P. aforesaid which Thomas Prous in the Court of the Protector here hath granted to John Gye by Fine thereof between them made c. and now here at this day came the aforesaid John Gye by John Ford his Attorney and offered himself the 4th day against the aforesaid Joan and Philip in the aforesaid Pleas and they came not and the Sheriffe returned that the aforesaid Joan is attached by pledges John Den and Richard Fen and that the aforesaid Philip is attached by pledges John Doo and Richard Roo therefore they are in mercy c. and let them be distrained that they be here in 8. dayes of S. Hillary c. A Distr in a Quid Juris clamat Oliver c. To the Sheriffe Greeting we command you that you distrain Joan Wevel Widow and Philip Butler by all their Lands c. as in another Writ and that of c. so that c. in eight dayes of St. Michael to acknowledge what right that is to say the aforesaid Joan claimeth in 4. messuages and CC Acres of Land with the appurtenances in Poughill also the aforesaid Philip to acknowledge what right he claimeth in C. Acres of Land and 5. Acres of Meadow with the appurtenances in P. aforesaid which Thomas Prous in our Court before our Justices at Westminster hath granted to John Gye by Fine thereof between them made and to hear their Judgement for many defaults and have you there this Writ T. c. The Entry of the Writ aforesaid upon the Defendors praying a Lilo ss The Sheriff was commanded that he should distrain Joan Wevel Widow and Philip Butler and M. his wife by all their Lands c. and that of the profits c. that he should have their bodies before the Justices of the Lord Protector here at this day to wit in eight days of S. Michael that is to say the aforesaid Joan to acknowledge what right she claimeth in four messuages and 200. Acres of Land with the appurtenances in Poughil and the aforesaid Philip M. to acknowledge what right they claim in 100. Acres of Land and 5. Acres of Meadow with the appurtenances in P. aforesaid which T. Prous in the Court of the Protector here hath granted to John Gye by a Fine thereof between them made c. and now here at this day came as well the aforesaid John Gye by John F. his Attorney as the aforesaid Joan also the aforesaid Philip M. in their proper persons and hereupon the aforesaid John Oye prayeth that the aforesaid Joan of the aforesaid four messuages and two hundred Acres of land with the appurtenances and that the aforesaid Philip and Mary of the aforesaid C. Acres of Land and five Acres of Meadow with the appurtenances to him may attain c. And the aforesaid Joan Philip and Mary pray hearing of the Writ aforesaid and to them it is read they pray also hearing of the Note whereupon the same Writ issueth forth and it is read to them in these words Between c. which being read heard they pray Licence thence of imparling here till in 8. dayes of St. Michael and they have c. the same
Declaration Return irreplevisable shall be awarded to the Avowant then he may make his Avowry to the intent to ground a Writ to enquire of damages or he may hold the beasts as a distresse till he be satisfied And if any Retorno habendo go forth before this Writ this is a Supersedeas to it the Sheriff must not proceed upon it F.N. B. 72. Dyer 41.42 280 59. If the Sheriff upon the Retorno habendo do return that the Cattle were esloigned then a Capias in Withernam shall be awarded to take other Cattle and if the Sheriffe retorn he hath no Cattel then a Capias against the body Of a Capias in Withernam It is a Writ lying where he that destraineth or the Owner of the Cattle after the distresse taken doth esloign them or carry them out of the County or holdeth keepeth them in some Castle so that the Sheriffe cannot make a Replevine or Retorno habendo as occasion is then the Sheriff by this Writ may take so much of the other goods or Cattle of the party that hath done this instead of them And if they be in a Castle within his County the Sheriff may take posse Comitatus and break into the Castle and make Replevine 3. H. 7.1 Terms ley distr F. N. B. 73 West 1. cap. 17. Dyer 41.59 West 1. c. 20. Brit. Chap. 17. Note that whatsoever the Sheriffe retorns upon the plures Replevine it ought to be inserted and rehearsed in the Writ of Withernam And if the Sheriff retorn that he hath commanded the Bayliffe of the Franchise who hath given him no answer or that the Bayliffe will not make deliverance that then the Plaintiffe shall have a non omittas directed to the Sheriffe commanding him to enter into the Franchise and make the return and if the Sheriffe do it not the Plaintiffe shall have an alias non omittas directed to the Sheriffe and afterwards a plures non omittas c. Of the non Omittas It is a Writ and lieth where the Sheriffe returneth upon a Writ to him directed that he hath sent to the Bayliffe of such a Franchise which hath return of writs he hath not served the Writ then the Plaintiff shall have this Writ directed to the Sheriffe that he himself enter into the Franchise and execute the Writ and the Sheriffe shall warn the Bayliffe that he be before the Justices at that day contained in the writ and if he come not excuse himself then all the Writs judicials which shall passe out of the Court during the same Plea shall be Writs de non omittas c. and the Sheriffe shall make execution of them having that Plea Terms ley The Sheriffs return that he hath commanded the Bayliffe of the Liberty c. who gave him no answer c. or the other return that that the Bayliffe will make no deliverance are no good returns for by the Statute of Westminster 1 Chap. 27. in the end of the same Statute appears that the Sheriffe upon such a return made to him by the Bayliffe ought presently to enter into the Franchise or Liberty make deliverance of the thing taken Of a Partitione Facienda This Writ lieth where two or more men hold Lands or Tenements together joyntly or in Common and undivided which are divideable by Law and some of them refuse to divide them in this case the rest may enforce them to it by this Writ to the Sheriffe who will thereupon by a Jury of the Bayly-wick divide it Terms ley Statute of 32. H. 8. cap. 10. and 32. H. 8. cap. 32. The Writs that are made out on this Writ after the Summons returned are a Pone and distresse infinite but before you can have your distr you must be sure to have your Pone returned by the Sheriffe and to file it with the Filacer which warrants the making out of the distringas and upon that you may get an amearcement of five pounds if the Defendant appear not then you may have an alias distringas doubling your issues and so distresse infinite till he do appear Of a Warrantia Chartae This VVrit lieth for him that is enfeoffed with warranty and is afterwards impleaded in an Assize or other Action in which he cannot vouch then he may have this Writ against the Feofor or his Heir to compel them to warrant the Land unto him Terms ley F. N. B. fol. 134. D. A man may bring this Writ of Warrantia Chartae c. in what County he will if the deed bear not date at a certain place or County for then he ought to bring the VVrit where the deed bears date This VVrit extendeth to the warranty of Lands c. of an estate of Free-hold or inheritance and not to any Chattle real personal or mixt saving onely in case of a wardship granted with warranty The processe whereby the vouchee is called is a Summons ad warrantizandum and whereupon if the Sheriffe return that the vouchee is sumoned he make default then there is awarded a Magnum Cape ad valenciam c. when if he make default again then judgement is given against the Tennant and he to have over in value against the vouchee but if the Sheriffe return that he hath nothing then after a Writ of alias and plures a Writ of sequitur sub periculo suo is awarded c. And the Demandant shall not have judgement to recover in value c. because the vouchee was never warned After the Summons comes a pone and then a distringas and if the Defendant appear not an alias distringas setting issues c. And so distresse in infinitum till there be appearance given Of a Quare impedit It is a Writ judicial that lieth where one hath recovered a presentment to the Bishop to command him to admit his Clerk that hath recovered and if the suite were against the Bishop alone then this Writ may be directed to the Bishop of the Diocesse or the Metropolitane at the election of the party And if in this case the Bishop refuse him the party may have a quare not admisit F. N.B. 38. or it is a Writ that lieth where a man hath an Advowson and the Parson dieth and another presenteth his Clerk or disturbeth me to present then he may have the said Writ The Writ is a Summons at the Plaintiffs suite and after your proceeds are the same as in the Writ of Partition by pone and distringas c. Of Wast VVaste is where Tenant for Term of years Tenant for life or Tenant for Term of anothers life Tenant in dower or Tenant by the courtesie or Guardian in Chivalery doth make waste or destruction upon the Land that is to say pulleth down the house or cutteth down Timber or suffereth the house willingly to fall or diggeth the ground then he in the reversion shall have one Writ for the waste and shall recover the place where the waste was done
treble damages Terms ley The next processe after this Writ is Pone and upon the return thereof and filing it with the Filacer he maketh out a distringas and thereupon you may have an amerciament in case the Defendant appear not And then an alias and a plures distringas and further amerciaments as I told you before in other actions Of Inquiry of Damages It is a Writ directed to the Sheriffe whereby the Sheriffe by the Oath of Jurors is to enquire of the costs which are the expences of the suite And damages which contain the hinderance that the Plaintiff or Demandant in a real or personal action hath suffered by means of the wrong done unto him by the Defendant or Tenant Terms ley Of a Scire facias upon a special Bail in the Filacers Office It is a VVrit that issueth out after Judgement had and obtained by the Plaintiffe against the Defendant by a nihil dicit non sum informatus confession of the Action Trial by nisi prius or otherwise And the Plaintiffe having so obtained judgement against the Defendant and perceiving that he is not easily to be arrested and taken in execution or not sufficient to satisfie the same but knoweth the Bayl to be better able than the Plaintiffe may at his choice leave the Defendant and prosecute the Bayl in this manner First Judgement being entred he must sue forth a Capias ad satisfaciendum against the Defendant directed to the Sheriffe of the same County where the Action was first laid and get the same returned by a non est inventus then he must procure a VVrit of Scire facias from the Filacer against the Bayl if the Bayl were taken by the Filacer upon the Capias alias plures habeas Corpus c. issuing out of that Office upon which VVrit if the Sheriffe return a Scire feci then there needs no second VVrit to be made but if he return a nihil then there must a second VVrit of Scire facias which being likewise returned with a nihil then the two VVrits of Scire facias must be taken out upon the remembrance in the Prothonotaries Office with the returns of them and rules thereupon given and filed accordingly with the Custos Brevium and thereupon if the Bayl shew not cause why Judgement should not be had Judgement by default shall be entred against them in the said Prothonotaries Office for the summe in which they became Bayl as aforesaid whereupon the Plaintiffe may take execution out against them either by fieri facias or elegit but not by Capias ad satisfaciendum against their persons And in this case observe that the Plaintiffe may likewise sue and Arrest the Bayl going by way of Original at the Common Law for the summe for which they became Bayl and Arrest their bodies either upon the Capias or plures or sue them to the exigent thereupon and declare upon the said Recognizance using all proceedings therein as in an Action of Debt but in this the Action must be laid in the County of Middlesex onely where the Records do lie and whence the venew out of that respect must rise And if the Bayl cannot be Arrested in the County of Middlesex upon a Capias c. you may return he cannot be found c. and sue forth thereupon a Testatum and by that means Arrest them in any other County where they may be found observing all the proceedings as in an Action of Debt Of a Supersedeas It is a Writ awarded to the Sheriffe commanding him to surcease for to Arrest the party and if he have Arrested him then that he set him at Liberty For that the Defendant hath appeared or found sufficient Bayl for his appearance by the return of the Processe c. See more of this Writ how and for what it may be granted in F. N. B. 591. 593. 594. Of a VVrit of Dower and of a Grand-cape and Petite-cape It is a Writ and it lieth where a man is sole seised during the Coverture between him and his wife of Lands or Tenements in Fee-simple or Fee-tail where by possibility the issue between them may inherit if such a man die his wife shall recover the third part of all the Lands whereof the Husband was sole seised any time during the Coverture Terms-ley it is called Dower or Dowery as a gift because the Law it self doth without any gift of the Husband give it to her The Processe in this Action of Dower are First a Summons between the Teste and return whereof there is 5. returns And if the Tenant neither appear nor nor cast an Essoigne entring a ne recipiatur a grand Cape lies to seize the Lands c. for that for such his default the Tenant shall loose his Land But if he wage his Law of non Summons he shall save his default and then he may plead with the Demandant Note that in the Grand Cape the Tenant shall be summoned to answer to the default and further to the Demandant but in petite Cape he shall be summoned to answer to the default onely and not to the Demandant and it is called a petite Cape because it includes lesse than the other And if the Tenant by the return of the Summons Essoigne the Demandant adjourns 15. dayes longer in such case the Attorney for the Tenant may enter with the Filacer that the Tenant appears and prayes view c. then a Writ of view goes out whereby the Sheriffe is to shew the Tenant the Lands in question which supposeth the Tenant knows not well what Lands it is that the Demandant asketh by the return of which Writ of view the Tenants Attorney takes a Declaration Note that where a default is made after appearance there a petite Cape is to issue forth at the Demandants suite which is made as likewise the grand Cape by the Filacer of the County where the Land lieth Of a Formedon There are three sorts of Formedon viz. in Descender in Remainder and in Reverter The first is where Tenant in the tail enfeoffeth a Stranger or is disseised and dieth the Heir shall have the Writ of Formedon in Descender to recover the Land The second is where one gives Lands in the tail and for default of issue the Remainder to another in the tail and that for default of such issue the Land shall Revert to the Donor if the first Tenant in tail die without issue he in the Remainder shall have a Formedon in Remainder But if the Tenant in the tail die without issue and he in the Remainder also die without issue then the Donor or his Heirs shall have a Formedon in the Reverter Terms ley The processe incident to this action are first a Summons between the Teste and return whereof there is 9. returns and the same Processe which are in Dower after the Summons that is a grand Cape Writ of view and petite Cape the proceedings are much like to that of Dower
upon record at which day here came the aforesaid I. P. by his Attorney and proffered himself the 4th day against the said A. B. in the Plea aforesaid and he came not and the Sheriffe was commanded to take him c. And the Sheriffe returned that he is not found c. Therefore as heretofore let him be taken that he may be here from the day of St. Martin in 15. daies c. At which day here came the aforesaid I. P. by his Attorney and proffered himself the 4th day against the said A. B. in the Plea aforesaid and he came not and as heretofore the Sheriffe was commanded to take him c. And the Sheriffe returned that he is not found c. Therefore as often times he hath been commanded let him be taken that he may be here in Eight dayes of St. Hillary c. A Capias in trespass Oliver Lord Protector c. as in others unto in a Plea wherefore with force and armes the Close of the said A. at L. he brake and other wrongs to him did to the great dammage of the said A. B. and against the publick peace And have you there this writ witnesse O. St. John at Westminster the _____ day of _____ In the year of our Lord 1654. The entry thereof I. P. by his Attorney offered himself the 4th day against A. B. late of c. in a Plea wherefore with force and armes the Close of the said I. at C. he break and other wrongs c. to the great dammage c. And against the pub peace c. and he came not And the Sheriffe was commanded to attach him c. And the Sheriffe returned that he hath nothing c. as it followeth in others before A Capias in Assault and Battery Oliver Lord Protector c. as in others unto wherefore with force and armes upon him the said I. at C. he made an assault and him did beat wound and evill intreat so that of his life it was despaired and other wrongs to him did c. as in the next before The entry thereof against severall defendants If there be two defendants in debt then thus proffered himself the 4th day against A. B. late of c. and against C. D. late of c. in a Plea that each of them if there be three or more defendants then in a Plea that every of them render to him 40l which they owe him and unjustly detain c. The entry against defendants in severall Sums If the Sums are severall then thus against A. B. late of c. in a Plea that he render to him twentie pounds and against C. D. late of c. in a Plea that he render to him 10l which they owe him and unjustly detain c. Against an executour and another defendant If against an Executor or administrator and another defendant then thus against A. B. late of c. Executor of the Testament c. in a Plea that he render unto him 20l. which he unjustly detaineth c. And against C. D. late of c. in a Plea that he render unto him 20l. which to him he oweth him and unjustly detaineth c. Testat Capias Oliver c. to the Sheriffe of Worcester greeting we command you that you take A.B. late of c. as in other Capias unto as it is said and for that the Sheriffes of London have certified to our said Justices at Westminster tali die last past that the said A. B. is not found their bailywick when as it is witnessed in our said Court that he doth lurk wander and lie hid in your Countie and have you there this writ c. The entry thereof I. P. by his Attorney offered himself the 4th day c. as in others unto and he came not and the Sheriffs were commanded to summon him and the Sheriffs returned that he hath nothing c. therefore let him be taken that he may be here in the morrow of All-Souls c. And the writ is delivered upon record at which day here came the aforesaid I. P. by his Attorney and offered himself the 4th day against the said A. B. in the Plea aforesaid and he came not and the Sheriffes were commanded to take him c. And the Sheriffes returned that he is not found c. and thereupon it is witnessed here in Court that the said A. B. doth lurk wander and lie hid in the County of Worcester therefore the Sheriffe of Worcester is commanded to take the said A. B. if he shall be found in his bailywick and him safely keep so that he may have his body there tali die to answer the said I. P. in the Plea aforesaid c. A Capias in Ejectment Write as in another Capias till you come to of a Plea wherefore by force and armes two messuages one garden eight Acres of land two Acres of meadow and three Acres of pasture with the appurtenances in H. which R. C. to the aforesaid T. P. did demise for a Term which is not yet past did enter and him the said T. P. from his farm aforesaid he did eject and other harms to him he did to the great dammage of him the said T. P. and against the publick peace c. The entry is as in another Capias in trespas mutatis mutandis And if you cannot arrest upon the Capias you may as in other actions proceed to the outlary A Capias in an Action of trover As in another Capias till you come to in a Plea wherefore with force and armes the Cattle of the said L. to the value of twenty pounds at London lately found he did take and carry away and other enormities c. The entrie is as in another Capias mutatis mutandis A Capias upon the statute of Bankrupt where the Assignee sues one of the Bankrupts debtors As in another Capias untill you come to in a Plea that he render unto B. Assignee of the goods and Chattells of W. S. Bankrupt according to the form of the statute in such case made and provided two hundred pounds which he oweth him and unjustly detaineth as it is said and have you there this writ c. The entry is as in another Capias In a Capias at the suit of an heire or against an heire you must say at the end of the Plea which he oweth him and unjustly detaineth as it is said in the addition of him in either of the cases you must mention in your Capias that he is heire and whose heir he is or else the writ will abate A Pone in debt Oliver Lord Protector c. Put under security and safe pledges A. B. late of c. that he be before our Justices of the Common Bench at Westminster from the day of Easter in 15. dayes to answer C. D. of a Plea that he render to him 40l which to him he oweth and unjustly detaineth as it is said and to
unjustly detained against security and pledges c. And he being sollemnly exacted came not and he was Plaintiffe c. therefore it is ordered that he and his pledges of prosecuting be in mercy c. And that the aforesaid A. B. go thence without day c. And that he have return of the cattle aforesaid c. Inquire the names of the pledges c. and in what manner c. the Sheriffe make appear here in eight dayes of St. Hillary c. A. Second deliverance Oliver c. greeting if A. B. shall secure you for prosecuteing his plaint and of returning his Cattle which to C. D. in our Court before our Justices at Westminster were adjudged for default of the said A. B. or for the price of them if return thereof shal be adjudged then to the same A. B. his Cattle aforesaid without delay you cause to be delivered and put under security and safe pledges the aforesaid C. D. that he be before our Justices at Westminster in eight dayes of the Purification of the blessed Virgine Mary to answer the aforesaid A. B. of the taking and unjustly detaining of the Cattle aforesaid and have you there the names of the pledges and this writ c. A Non omittas Oliver c. we command you that you omit not for any liberty of the liberty of the Town of that St. Edmunds but you take A. B. late of T. c. if he shall be found c. To answer C. D. of a Plea that he render to him c. s. zz And whereupon your self hath certified to our Justices at Westminster tale die last past that as to the taking the aforesaid A. B. you have commanded E. F. bayliffe of the aforesaid libertie who hath full return of all writs and the execution of them within that liberty to whom the execution of the Writ aforesaid did belong to be done F. insomuch that execution of the said Writ out of the same liberty by you could not be done which said bailiffe to you thereof hath given no answer and have you c. The Entry thereof C.D. by his Attorney offered himself the 4th day against A. B. late of c. of a Plea that he render to him c. s. zz And he came not and the Sheriffe was commanded that he should take him if c. And safely c. so that he might have his body here at this day to wit in eight dayes of St. Michael and the Sheriffe hath certified that he had Commanded E. F. bailiffe of the liberty of Bury of St. Edmonds who hath full return c. And to whom c. who gave him no answer c. therefore the Sheriffe is commanded that he omit not for the liberty aforesaid but he take the aforesaid A. B. if c. And safely c. So that he have his body here in the morrow of all Souls c. A. Distrin Balivum Oliver Lord Protector c. we command you that you distrain our bayliffe of Dour utchie of Lancaster in your County by all his lands c. as in others so that you may have tali die the body of A. B. late of T. in your County yeoman whom by our command lately he took as your self to our Justices at Westminster in the morrow of All-Souls last past hath certified to answer C. D. in a Plea that he render to him x. l. zz as he saith and to heare his judgment for many defaults and have you c. The Entry thereof The Sheriffe was commanded that he should take A. B. late of c. if c. and him safely c. so that he might have his body here at this day to wit in the morrow of All-Souls to answer C. D. in a Plea that he render to him Ten pounds which he oweth him and unjustly detaineth c. and now hereat this day came the aforesaid C. D. by A. B. his Attorney and offered himself the 4th against the aforesaid A. B. of the Plea aforesaid and he came not and the Sheriffe returned that he had commanded I. H. bailiffe of the liberty of our Dutchie of Lanchaster in the County aforesaid who hath return of all Writs and of the execution of them within the liberty aforesaid out of which liberty execution of that writ by him the said Sheriffe could not be done which said bailiffe to the same Sheriffe thus answered that he had taken the body of the aforesaid A. B. whose body here at this day he would have and because the aforesaid bailiffe the body of the aforesaid A. B. here at this day hath not therefore the same bailiffe is in mercy and is amearced by the Justices herein 40 s therefore the Sheriffe is commanded that he distrain the aforesaid bailiffe by all his lands c. and that of the proffits c. so that he have here from the day of St. Martine in 15. dayes the body of the aforesaid A. B. whom c. to answer the aforesaid C. D. of the Plea aforesaid c. misericordia xl.s. A. Grand Cape in Dower upon the Summons Oliver c. to the Sheriffe of Middlesex greeting take into our hand by the view of honest and lawfull men of your County the third part of two messuages two acres of land and Ten acres of meadow with the appurtenances in B. which Nicholas Penny and Alice his wife in our Court before our Justices at Westminster claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against I. K. by our Writ of Dower whereof she hath nothing by the default of the said I. And the day of the takeing you certifie to our Justices at Westminster by your letters sealed and Summon by good Summoners the aforesaid I. that he be before our Justices at Westminster in eight dayes of St. Michael to answer thereunto and to shew wherefore he was not before our Justices at Westminster in the morrow of the holy Trinity last past as he was Summoned and have you there the names of them by whose view you shall make this Summons and this Writ witnesse c. The Entry thereof ss Nicholas Penny and Alice his wife by I. G. their Attorney offered themselves the 4th against I. K. in a Plea of the third part of two messuages twenty acres of land and ten acres of meadow with the appurtenances in B. which the aforesaid Nicholas and Alice in our Court here claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against him by our Writ of Dower whereof she hath nothing c. and he came not and he was Summoned c. therefore let the third part aforesaid with the appurtenances be taken into our hand and a day c. And the aforesaid I. K. be summoned that he be here in eight dayes of St. Michaell c. The Entry of an Alias Grand Cape And the aforesaid I. K. was Summoned that he be here
the execution of the Writ of the Lord Protector lately to him directed he commanded the Bayliffe of the Liberty of the Lord Protector of his Bishoprick of Ely the place being now void within the Isle of Ely to whom c. insomuch that c. who thereof gave him no answer therefore the Sheriffe is commanded that he omit not for that Liberty but take into the hand of the Lord Protector the third part aforesaid with the appurtenances in form aforesaid c. The Entry of an Amerciament against a Sheriffe for not returning a Writ ss At which day here came the aforesaid J. by his Attorney the Sheriffe of the County aforesaid although was solemnely exacted to return the Writ aforesaid came not nor returned that Writ therefore the same Sheriffe to wit J. S. is in mercy c. and is amearced by the Justices here to xl s. c. An Original in Dower ss Oliver c. To the Sheriff of Cambridge Greeting command W. C. that justly and without delay he render to L. S. Widow who was the wife of R. S. her reasonable dower which hapneth to her of the Freehold which was of the aforesaid R. in time past her husband in Wisbech whereof she hath nothing as it is said and whereof she complaineth that the aforesaid VV. deforceth her and unlesse he shall do it c. the xv Pas Test c. The Sheriffs Return ss For the Execution of this Writ I have made my Warrant to the Bayliffe of the Lord Protector of the Bishoprick of Ely the place being now void within the Isle of Ely who hath the full return and execution of all Writs within the same Liberty to execute to whom the execution of this Writ doth wholy belong insomuch that no execution thereof elsewhere than within the same Liberty by me could be done which said Bayliffe no answer thereof to me gave I.P. Ar. vic An alias Summons of a non omittas in Dower ss Oliver c. To the Sheriff of Cambridge Greeting we command you that you omit not for our Liberty of the Bishoprick of Ely the place being now void within the Isle of Ely but command W.C. that justly and without delay he render to L.S. Widow who was the wife of R. S. her reasonable dower which happeneth to her of the freehold which was of the aforesaid R. in time past her husband in VVisbech whereof she hath nothing as it is said whereof she complaineth that the aforesaid W. deforceth her and unlesse he shall do it and the aforesaid L. shall secure you for prosecuting her complaint then Summon the aforesaid VV. that he be before our Justices at VVestminster in the morrow of the holy Trinity to shew wherefore he will not do it and whereof your self hath certified to our Justices at Westminster from the day of Easter in 15. dayes last past that you commanded the Bayliffe of our Liberty of the aforesaid Bishoprick the place being then void within the aforesaid Isle of Ely who hath full return execution of all Writs within the same Liberty to execute to whom execution of the Writ aforesaid wholy belonged in so much that no execution thereof elsewhere than within the same Liberty by you could be done who no answer thereof to you gave and have you there the Summoners and this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded that he should command W. C. that justly c. he should render to Luce S. Widow who was the wife of R. S. her reasonable Dower which hapneth to her of the freehold which was of the aforesaid R. in time past her husband in Wisbetch whereof she hath nothing c. and unlesse c. then he should Summon by good Summoners the aforesaid W. that he might be here at this day to wit from the day of Easter in 15 dayes to shew wherefore he did it not And now here at this day came the aforesaid Luce by Fr. T. her Attorney and the Sheriffe returned that he commanded the Bayliffe of the Liberty of the Lord Protector of his Bishoprick of Ely the place being then void within the Isle of Ely who hath full c. to whom c. who to him no answer c. Therefore the Sheriff is commanded that he omit not for the Liberty aforesaid but Summon by good Summoners the aforesaid W. that he be here in the morrow of the holy Trinity to answer the aforesaid Luce in the Plea aforesaid c. A distr nuper vic ss Oliver c. We command you that you distrain A.B. Esq late Sheriff of your County your predecessor by all his Lands and Cattles in your bayly week so that neither c. so that he may have before our Justices at Westminster tali die the body of R.B. late of T. as in the Writ to answer S. P. in a Plea that he render to him C. l. zz whom by our command he hath taken as he to our Justices at Westminster in 8. dayes of the holy Trinity last past certified and to hear his judgement for many defaults and have you there this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded that he should have here at this day to wit in eight dayes of St. Hillary last past the body of H. late of c. whom the same Sheriffe took and in his power detaineth to answer R. S. in a Plea that he render to him 40. l. which to him he oweth and unjustly detaineth c. And now here at this day came the aforesaid R. by M.I. his Attorny and proffered himself the fourth day against the aforesaid H. in the Plea aforesaid and he came not and the Sheriffe returned that the same H. was not taken by him Sheriff but by J. D. late Sheriff predecessor of him the now Sheriffe nor the body of the same H. to the aforesaid now Sheriff was delivered in his going forth from his Office Therefore the now Sheriffe is commanded that he distrain the aforesaid late Sheriffe by all his Lands c. And that of the profits c. so that he have here tali die the body of the aforesaid H. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Writ of alias Summons where the Sheriffe returneth that the Plaintiffe hath not found pledges to prosecute ss Oliver c. To the Sheriff of Suff. Greeting for that A. B. in our Court before our Justices at Westminster hath not secured our said Justices for prosecuting his Plaint by John Den and Richard Fen we command you that you Summon by good Summoners C.D. of D. in your County Yeoman that he be before our Justices at Westminster in 8. dayes of St. Hillary to answer the aforesaid A. B. in a Plea that he render to him 40. s. which to him he oweth and unjustly detaineth as it is said and have you there the Summoners and this Writ witnesse c. The
Easter in 15. dayes to shew wherefore the aforesaid commands of the said Lord Protector so often to him thereof directed he contemned to execute now here at this day came the aforesaid T. D. by J. N. his Attorney and the Sheriff returned that long before the coming of the Writ aforesaid of the Lord Protector to him thereof directed the aforesaid R. M. esloined the Cattle aforesaid to places to him unknown out of his Bayly-week so that the same Cattle to the aforesaid T. D. he could not replevy according to the Tenor of the Writs aforesaid and for that the Lord Protector willeth to withstand so great an injury if it shall be committed and that which is just to be done to the aforesaid T. D. Therefore the Sheriffe is commanded that if the same T. D. shall secure the said Sheriffe for prosecuting his Plaint also for returning the Cattle aforesaid if return thereof shall be adjudged that then he put under security and safe pledges the aforesaid R. M. that he be here in 8. dayes of the holy Trinity to answer the aforesaid T. D. of the damages and wrongs to him in this behalf done in the mean time to the same T. his Cattle aforesaid without delay he cause to be replevied if he can and if he cannot then of the Cattle of the aforesaid R. M. he take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the aforesaid T. without delay he deliver by him to be detained untill to him his Cattle aforesaid he can replevy c. A Writ of Adjournement made by the Filicer Oliver c. Greeting we command you that all and every our Writs Bills and precepts to you delivered or to be delivered before our Justices at Westminster in three weeks of St. Michael in the moneth of St. Michael and the morrow of all Souls next to come or in the mean time from the aforesaid three weeks unto any day returnable in your custody you retain and them have before our Justices at Westminster in the morrow of St. Martin next to come together with the Executions of the same and this Writ that our said Justices for the prosecution of the parties then may cause to be done that which of right and according to the Law and Custom of our Common-wealth of England ought to be done and in your next County thenceforth to be holden you cause publickly to be proclaimed that the parties in the same Writs Bills and Precepts their dayes before our said Justices in the aforesaid morrow of St. Martin observe witnesse c. The return of the Writ By virtue of this Writ to me directed all the Writs Bills and Precepts whereof within mention is made in my custody I have retained them I have before the Justices within written in the morrow of St. Martin within specified together with the Executions of the same and also at my County holden at G. in my County the day and year within written which said County was my next County after the within written tenth day of October I caused to be proclaimed that the parties in the Writs Bills and Precepts within specified their dayes before the Justices within written in the aforesaid morrow of St. Martin they observe as within â—o me is commanded C.D. Knight Sheriffe The Entry of a Non Process in a Writ of second deliverance ss The Sheriffe was commanded that if T. H. would secure him for prosecuting his Plaint and also for the returning of the Cattle which to C. T. in the Court of the Lord Protector here were adjudged by default of the said T. H. or for the price of the same if return thereof should be adjudged then to the same T. his Cattle aforesaid without delay he should cause to be delivered and should put under security and safe pledges the aforesaid C. T. that he might be here at this day to wit in 8. dayes of St. Hillary to answer the aforesaid T. H. of the taking of the Cattle aforesaid And now here at this day came the aforesaid C. T. by W.O. his Attorney and offered himself the 4th day against the aforesaid T. H. in the Plea aforesaid and he being solemnely exacted came not and was Plaintiffe and the Sheriff returned that the same C. T. found to the same Sheriffe pledges of prosecuting of haveing return to wit I. K. and K. O. and that the aforesaid C. T. is attached by pledges J.O. and A.B. Therefore it is ordered that the aforesaid T.H. and his pledges of prosecuting be in mercy c. and that the aforesaid C. T. go thence without day c. and that he have return of the Cattle aforesaid to be detained by him irrepledgeable for ever enquire the names of the pledges c. and how c. the Sheriffe make appear here in 8. dayes of the Purification of the blessed Virgin Mary c. A Writ of Distr against one and a Distr after Esloin against another in a Quare impedit ss Oliver c. Greeting we command you that you distrain Philip Champernon Esq Sheriff of the County aforesaid by all his Lands c. to answer William Kirkham Esq in a Plea that he together with Peter Maynwaren Clark permit the said William to present a fit person unto the Parish Church of the blessed Marie of Upton Pyne which is void and belongeth to his Donation as he saith and to hear his judgement for many defaults we also command you that you distrain the aforesaid Peter M. by all his Lands c. as above so that you have his body before our said Justices at Westminster at the aforesaid Term to answer the aforesaid W. together with the aforesaid Philip in the Plea aforesaid to shew wherefore he kept not the day to him given by his Esloin in our Court before our Justices at Westwinster in 8. dayes of St. Martine after he was attached and to hear his Judgement for many defaults and have you there c. T. c. The Entry thereof ss William Kirkham Esq by his Attorney offered himself the fourth day against P. C. Esq Sheriff of the County aforesaid and P.M. Clark in a Plea that they permit the said William to present a fit person to the Church of St. Marie of R. Upton Pyne which is void and belongeth to his Donation c. and they came not and the Coronor was commanded that he should attach the aforesaid Philip and the Cororonor returned that he is attached by Pledges R. O. and C. D. therefore they are in mercy c. and the aforesaid Peter had thence day given him by his Esloin here even to this day to wit in eight dayes of St. Martine after he was attached c. therefore let the same Philip and P. be distrained that they be here in eight dayes of St. Hillary c. A Pone after an Esloin and a Distr in one Writ in a quare impedit ss Oliver c.
Drewry their Attorney as the aforesaid Christopher by R.B. his Attorney and the aforesaid Francis Windham and Edward Cook also Plaintiffs c. the fourth day of the Plea being solemnely called came not and were Summoned c. Therefore it is ordered that the aforesaid Michael Stanhope and Miles Corbet do prosecute alone without the aforesaid Francis Windham and Edward Cock against the aforesaid Christopher Heydon and Robert Godfrey their Plea aforesaid and hereupon the said Michael Stanhope Miles Corbet offered themselves the 4th day against the aforesaid Christopher and Robert Godfrey in the Plea aforesaid and they came not and the Sheriff now returneth that they are not found c. And so follow the old form A Distr nuper vic ad Habend Corpus where the Sheriffe returns that he took the body but had it not at the return of the Writ Oliver c. Greeting we command you as many times we have commanded you that you distrain John Choyn late Sheriffe of your County your predecessor by all his Lands Chattles in your Bayly-wick so that neither he nor any for him lay hands thereupon untill you receive further command thereof from us c. as in another Distr untill so that he may have before our Justices at Westminster tali die the body of W. L. late of C. in your County Merchant whom by our command he took and in his power detained as he to our Justices at Westminster in eight dayes of the holy Trinity last past did return or who at the County of Devon holâ—en at Exon Wednesday the 5th day of October in the year of our Lord 1654. the fifth time was called appeared rendred himself to the prison of our Castle of Exeter whose body before our Justices at Westminster tali die he should have had to answer Jo. Hach Esq in a Plea wherefore with force arms the goods and Cattle of the said John to the value of C. l. at C. found he took and carried away and other Enormities c. and to hear his judgement for many defaults and have you there this Writ c. The Entry thereof The Sheriffe was commanded as often times that he should distrain John Choin late Sheriff of the County aforesaid his predecessor by all his Lands c. and that of the profits c. so that he might have here at this day to wit from the day of St. Michael in xv dayes the body of Walter H. late of C. in the County aforesaid Marchant for that at the County of Devon holden at Exon wednesday the 5th day of October in the year of our Lord 1654. the 5. time he was called and appeared rendred himself to the prison of the Lord Protector of his Castle of Exon whose body here at this day aforesaid he should have had to answer John Hach Esq in a Plea wherefore with force arms the Goods and Cattle of the said J. to the value of one hundred pounds at C. found he tooke and carried away and other Enormities c. to the great damage c. and against the peace of the Protector c. and now here at this day came the aforesaid John Hatch by B. A. his Attorney and offerred himself the 4th day against the aforesaid Walter in the Plea aforesaid and the Sheriffe now retorneth that the aforesaid late Sherriffe is distrained by Cattle to the value of twenty shillings and is mainprised by E. H. and R. H. Therefore they are in mercy c. and as oft-tentimes the now Sheriffe is commanded that he distrain the aforesaid late Sheriffe by all his Lands c. and that of the profits c. so that he might have here to wit from the day of St. Hilary in 15 daies the Body of the aforesaid Walter who c. to answer the aforesaid I. Hatch in the Plea aforesaid A Distringas nuper vic Oliver c. To the Sheriffe of Worcester greeting we command you that you distrain John Chechester Kt. late Sheriffe of your County your Predecessor by all his Lands and Chattells in your Bailywick so that neither he nor any other for him thereon do lay hands untill you shall receive further command from us and that of the profits thereof you answer us so that he may have before our Justices at Westminster on Munday next after the moneth of St Michael the body of Michael Short whom by our command he tooke and in his power detained and whse body before our Justices at Westminster on Saturday next after 8 daies of St Hillary in the year of our Lord 1653. he had ready as the same Sheriffe to our Justices at Westminster at that day retorned to answer Will. VVarren one of the Attorneies of our Court of Common Bench according to the Liberties and Priviledges of the same Court for such Attorneies and other our Ministers of the same Bench from the time whereof the memory of man is to the contrary used and approved in the same in a Plea of Trespass upon the Case and have you there this Writ c. De infra nominat I. Chechester militis J. Doo Ric. Roo Exit xxs. W. C. nul vic The entry of a Distringas nuper vic ss The Sheriffe was commanded that he should have here at this day to wit in 8 daies of St. Hilary last past the body of H. late of c. whom the said Sheriffe took and in his power detained to answer R. in a Plea that he render to him 40s which he oweth him and unjustly detaineth c. And now here at this day came the aforesaid R. by M. I. his Attorny and offered himself the 4th day against the aforesaid H. in the Plea aforsaid and he came not and the Sheriffe now retorneth that the said H. was not taken by himselfe but by I. D. late Sheriffe Predecessor of him the said now Sheriffe nor the body of the said H. to the aforesaid now Sheriffe was delivered in his going out of Office therefore the said now Sheriffe is commanded that he distrain the aforesaid late Sheriffe by all his Lands c. and that of the profits c. so that he may have here tali die the body of the aforesaid H. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Distringas nuper vic aliter Oliver c. To the Sheriffe of S. Greeting we command you that you distrain O. S. Esq late Sheriffe of your County by all his Lands ut supra and that you have his body before our Justices at Westminster to deliver to you the body of D. late of c. whom by our command he took as he to our Justices at Westminster at a certain day now past returned so that the body of the said D. you may have before our Justices at Westminster tali die to answer Q. in a Plea that he render to him x. l. which to him he oweth and unjustly detaineth as it is
day was given to the aforesaid Bish here c. after they were Summoned judgement that they be attached that they may be here in eight dayes of St. Michael c. A Writ of view in a Formedon in Descender Oliver c. To the Sheriffe of Midles Greeting we command you that without delay you cause R. D. to have view of one messuage one Garden one Acre of Meadow and six Acres of Pasture with the appurtenances in K. which T. S. in our Court before our Justices at Westminster claimeth as his right by our Writ of Formedon in Descender against him and speak to four Knights of those that shall be present at that view that they be before our Justices at Westminster in 8. dayes of St. Hillary to testifie that view and have you there the names of the Knights and this writ T. c. The Entry thereof ss T. Smith by A. Garland his Attorney demandeth against R. D. one messuage one Garden one Acre of Meadow and six Acres of Pasture with the appurtenances in K. as his right by the Writ of the Lord Protector of Formedon in Descender c. And the aforesaid R.D. by T. Carter his Attorney cometh and prayeth view of the Tenements aforesaid with the appurtenances and let him have it c. day is given to the parties aforesaid here untill in 8. dayes of St. Hillary and in the mean time c. The Entry of a Test in Debt It was commanded to the Sheriffe that he should take Edward Mausel Kt. of London Yeoman otherwise called Edward Mausel de Danford in Com. North. Yeoman if c. and safely c. so that he might have his body here at this day to wit in 8. dayes of St. Hillary to answer Elizabeth Squier Widdow in a Plea that he render to her thirty pounds which to her he oweth and unjustly detaineth c. and whereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of St. Martine in 15. dayes last past that the aforesaid Edward lurked wandred and lay hid in the County aforesaid and now here at this day came the aforesaid Elizabeth by her Attorney and offered herself the 4th day against the aforesaid Edward of the Plea aforesaid and he came not and the Sheriffe now returneth that he is not found c. therefore as heretofore the Sheriffe is commanded that he take him if c. and safely c. so that he may have his body here from the day of Easter in 15. dayes to answer the aforesaid Elizabeth of the aforesaid Plea c. A Writ of Supersedeas Lo ss Oliver c. whereas by our Writ we lately commanded you that you should take R. M. late of c. if he should be found in your Bayly-wick him safely should keep so that you might have his body before the Justices of the Common-Bench at Westminster at a certain day now past to answer T. B. in a Plea wherefore c. cite the Capias untill you come to as it is said yet because the aforesaid R. M. by J.C. his Attorney in the Court of Common-Bench hath appeared we command you that of the further taking arresting and imprisoning or in any wise molesting the aforesaid R. on the occasion premised you altogether Supersead and if the said R. upon that occasion and no other you have taken or imprisoned then the said R. from the prison wherein he shall so be detained if upon that occasion and no other in the same he is detained without delay you deliver under the danger that will thereon ensue T. c. The Entry of a Habeas Corpus to the Chancelor of the County Pallatine of Lanc. ss It was commanded to the Chancelor of the Lord Protector of his County Pallatine aforesaid or to him that holds his place there that by the Writ of the said Lord Protector under the Seal of the County Pallatine aforesaid duely to be made he should command the Sheriff of the County of Lanc. that he should take Mark Woodrow late of London Draper otherwise called M.W. of Manchester in the County of Lanc. Draper if c. and safely c. so that he might have his body here at this day to wit in the morrow of the Purification of the blessed Virgin Mary to answer Edward Elioes in a Plea that he render to him one hundred shillings which to him he oweth unjustly detaineth c. and hereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of S. Martin in 15. dayes last past that the aforesaid Mark was not found in their Bayly-wick when as it is witnessed in the same Court of the said Lord Protector here that the said Mark lurked wandred and lay hid in the County aforesaid and now here at this day came the aforesaid Edward by his Attorney and offered himself the 4th day against the aforesaid Mark in the Plea aforesaid and he came not and John Fortescue Knight Chancellor of the County Pallatine aforesaid now returneth that he by virtue of the aforesaid Writ of the Lord Protector to him directed by the Writ of the said Lord Protector under Seal c. he commanded the Sheriffe of the County of Lanc. as c. which said Sheriff to him returned that he took the body of the aforesaid Mark whose said body here at this day he hath readie as c. but because the Sheriffe the body of the aforesaid Mark now here hath not therefore he to wit Edmund Crafford Esq is in mercy c. and it is commanded to the aforesaid Chancellour of the said Lord Protector of the County Palatine aforesaid that by the Writ of the said Lord Protector under the Seal c. he cause the Sheriffe of the said County to be commanded that he have here from the day of Easter in 15. dayes the bodie of the aforesaid Mark whom c. to answer the aforesaid Edward in the Plea aforesaid c. The Entry of an Alias Distringas nuper vic ad Habend Corpus ss It was commanded to the Chancellour of the Lord Protector of his County Palatine aforesaid or to him that holdeth his place there that by the writ of the said Lord Protector under the Seal of the Countie Palatine aforesaid duely to be made he should cause to be commanded the Sheriff of the Countie aforesaid that he should distrain Robert Halsall K nt late Sheriffe of the Countie aforesaid predecessor of the now Sheriffe by all his Lands c. and that of the profits c. so that he might have here at this day to wit in the morrow of the Holy Trinity the bodie of O. W. whom c. to answer J. W. in a plea that he render to him xx.l. c. and now here at this day came the aforesaid J. W. by his Attorney and offered himself the 4th day against the aforesaid O. W. in the aforesaid plea and he came
not and John Fortescue Knight Chancellour of the County Palatine aforesaid now returneth that he by virtue of the Writ aforesaid to him directed by another Writ of the said Lord Protector under the Seal c. he caused the Sheriff of the Countie aforesaid to be commanded as c. which said Sheriffe to wit Edmund Trafford Esq thus answereth that the aforesaid Edward Halsall Knight late Sheriffe is distrained by Cattle to the value of 3 s 4.d and is mainprised by John Doo and Rich. Roo therefore they are in mercie c. and it is commanded to the Chancellour of the County aforesaid that by the Writ of the said Lord Protector under the Seal c. he cause to be commanded to the Sheriffe of the County aforesaid that he distrain the aforesaid Edward Halsall Knight late Sheriffe by all his Lands c. and that of the profits c. so that he have here in the morrow of All Souls the bodie of the aforesaid O. W. whom c. to answer the aforesaid John in the Plea aforesaid c. The form that was used in a Test to the Chancellour of the Court of Lancaster To the Chancellour of our County Palatine of Lancaster or to him that holdeth his place there Greeting we command you that by our Writ under the Seal of the County Palatine aforesaid duly to be made you cause the Sheriffe of the same County to be commanded that he take A. B. c. An Alias Summons in a Quare impedit where the Sheriffe hath returned that the Original Writ was delivered to him too late Oliver To the Sheriffe of Middlesex Greeting we command you that you Summon by good Summoners Richard Bishop of L. David English Clark that they be here before our Justices at Winton in eight dayes of S. Hillary to answer William Freeman in a Plea that they permit the said William to present a fit person to the Vicaridge of the Church of Stebon heath alias Stepney which is void and to his Donation belongeth as he sayeth and whereupon your self hath certified to our Justices at Winton in the morrow of St. Martine last past that our Writ to you formerly thereof directed so late to you was delivered that by reason of the brevity of the time you could not execute it and have you there the names of the Summoners and this Writ T. c. The Entry thereof ss The Sheriff was commanded that he should Summon by good Summoners Rich. Bishop of L. David English Clark that they might be here before the Lord Protector at Westminster in 8. dayes of St. Michael last past to answer William Freeman in a Plea that they permit the said William to present a fit person to the vicarage of the Church of Steban-heath otherwise Stebun-heath otherwise Stepney which is void and to his Donation belongeth c. at which day the Plaint aforesaid was adjourned by the Writ of the said Lord Protector of common adjournement at Westminster aforesaid untill from the day of St. Michael in one moneth then next following at which day the Plaint aforesaid was further adjourned by another Writ of the said Lord Protector of common adjournment from Westminster aforesaid unto the Citie of Winton in the County of Southampton in the morrow of St. Martine then next following and now here to wit at the aforesaid Citie of Winton at the same morrow of St. Martin came the aforesaid William by his Attorney and offered himself the fourth day against the aforesaid Richard and David of the aforesaid Plea and they came not and the Sheriffe now returneth that that Writ was delivered to him so late that by reason of the brevity of the time he could not execute it therefore as heretofore let them be summoned that they may be here in 8. dayes of St. Hillary to answer the aforesaid William in the aforesaid Plea c. The Entry of a Summons in Severance ss E. R. and J. W. Executors of the Testament of VV.M. by their Attorney offered themselves the 4th day against B.N. late of c. in a Plea that he render to them C. s. which from them he unjustly detaineth c. and he came not and the Sheriffe was commanded that he should Summon him c. and the Sheriffe now returneth that he hath nothing c. therefore let him be taken that he may be here in the morrow of All Souls c. and now here at this day came the aforesaid J. VV. by Thomas Bullock his Attorney and offered himself the fourth day against the aforesaid B.N. in the Plea aforesaid the aforesaid E.R. the fourth day of the Plea being solemnely called came not and the Sheriffe was commanded that he should Summon the aforesaid E. R. that he might be here at the aforesaid Term to prosecute against the aforesaid B. N. together with the aforesaid J.W. his Plea aforesaid if c. and hereupon it is ordered in the Court of the Protector here that the aforesaid J.VV. may prosecute alone against the aforesaid B. N. his Plea aforesaid and he came not the Sheriffe was commanded that he should take him if c. and the Sheriffe now returneth that he is not found c. therefore as heretofore let him be taken that he may be here from the day of St. Martin in 15. dayes c. The Entry of a Resort ss Enter your Testatum first then follow at which day here came the aforesaid C.D. by his Attorney and offered himself the fourth day against the aforesaid A.B. in the plea aforesaid and he came not and the Sheriffe now returneth that he is not found c. and hereupon the aforesaid C.D. by his Attorney aforesaid prayeth the Writ of the Lord Protector of taking the aforesaid A. B. to the Sheriffs of London to be directed where his Original Writ first issued out and it is granted to him c. therefore the Sheriffs of London are commanded that they take the aforesaid A. B. if c. and safely c. so that they may have his bodie here from the day of Easter in 15. dayes c. The Entry of a common Appearance L. ss The Sheriffs of the said Citie were commanded that they should take T.S. if c. and him safely keep c. so that they might have his bodie before the Justices of the Common-Bench at VVestminster tali die to answer J. G. in a plea of debt c. and the aforesaid T. by VV. S. his Attorney prayed that his appearance might be recorded by the Court and it is Recorded The Entry of a special Bail L. ss The Sheriffs were commanded that they should have here at this day to wit from the day of St. Martin in 15. dayes the body of a A.E. late of M. in c. whom of late c. to answer unto B. D. in a plea c. now here at this day came as well the said B. as the said A. in his proper person and
moreover here came D. H. of c. N.H. of c. in their proper persons and each of them did acknowledge himself to owe to the said B. the summe of 200. l. of lawfull money of England which said summe of 200. l. the said D. and N. for themselves and their Heirs do will and grant and either of them do will and agree shall be made of the Lands and Cattles of both of them and shall be levied to the use and behoof of the said B. and his Executors and the said A. likewise present here in Court doth acknowledge himself to owe to the aforesaid B. the summe of 400. l. of lawfull money of England which said summe of 400. l. the said A. for himself his Executors and Administrators doth will and agree shall be made of his Lands and Goods and shall be levied to the use and behoof of the said B. and his Executors yet under this condition that if it shall happen that judgement in the aforesaid Plaint to be here given for the said Plaintiffe in the said debt and also all damages adjudged to the said Plaintiffe against the said Defendant here in Court by occasion of the detaining of the aforesaid debt he shall satisfie it or render his body here in Court in execution of the same judgment c. A Writ of Scire Facias against the Bail Oliver c. To the Sheriffe of Surry Greeting whereas John Haslock late of Catteram in your County Yeoman and Anthony Basset of the same Husband-man late in our Court to wit in the Term of the Holy Trinity in the year of our Lord 1653. before F. W. one of our Justices of the Common-Bench at Westminster have bailed and both of them did become bayl for Robert Onusted late of c. in twenty pounds that if it should happen the same Robert in a Plea of debt upon demand of twenty pounds against him by one John Slater otherwise Green Executor of the Testament of Robert Slater alias Green in our said Court of Common-Bench aforesaid prosecuted by any lawfull means to be convicted and judgement for the same Executor in the Plea aforesaid against the aforesaid Robert in the same Court to be given that then the same Robert the aforesaid debt of twenty pounds and also all damages to the said Executor by occasion of the detention of the debt aforesaid against the said Robert in the said Court to be assessed or by any way to be adjudged should satisfie or that the said Robert his body in Execution of that judgement in our said Court should yield which said twenty pounds the aforesaid John Haswell and Anthony have acknowledged to be made of the Lands and Cattles and to the behoof and use of the aforesaid Executor to be levied if it should happen the said Robert against the Bayl aforesaid in any way to make default and although the aforesaid Executor in the Term of St. Michael in the year c. before E.A. Knight and his associates our then Justices of the Common-Bench at Westminster by order of the same Court had recovered against the aforesaid Robert as well the aforesaid twenty pounds as thirty shillings which to the same Executor in our said Court were adjudged for his damages which he hath had by occasion of the detention of that debt whereof he is convicted as by the Record and Processe thereof in our said Court remaining it manifestly appeareth yet the aforesaid Robert his body in Execution of the judgement aforesaid in our said Court hath not yielded nor to the aforesaid Executor for the debt and damages aforesaid according to the Form of the Recognisance aforesaid hath satisfied as by the information of the aforesaid Executor we have received and for that we will that those things which in our said Court have been rightly done and recognized be duely demanded for execution we command you that by honest and lawfull men of your Bayly-wick you give to the aforesaid John Haswell and Anthony to know that they be before our Justices at Westminster from the day of Easter in 15. dayes to shew if they have or know any thing to say for themselves why the aforesaid twenty pounds by them in form aforesaid severally acknowledged of their Lands and Cattles in your Bayly-wick ought not to be made and to the aforesaid executor yielded according to the form of the Recognizance aforesaid if they shall think fit and have you there the names of them by whom you shall give them to know and this VVrit Witnesse O. St. John c. FINIS