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
proper goods and chattles And also to hold the moyety of the lands and Tenements aforesaid as her free Tenements to her and her assignes according to the forme of the statute aforesaid untill he had levyed the debt and damages aforesaid thereof of all which goods and chattles besids the Oxen and necessaries of his Plough And likewise the moyety of all the lands and Tenements of the said Rob. in your bayliwick whereof the same Rob. the 6. day of November An. c. 17. which day iudgment there in was given or at any time afterwards was seised without delay he should deliver by a resonable price and extent to hold to her the goods and chattles aforesaid as her proper goods and chattles and also to hold the moyety aforesaid as her freehold to her and her assignes according to the Forme of the statute aforesaid untill the debt and damages aforesaid were levied thereof And in asmuch as he had executed that command he should make appeare The Sheriff returneth that the Defendant such a day was possessed of divers goods to the value of 6 l. which he delivered to the Plaintiff at the same value in part of satisfaction of the debt and damages Note that in an Elegit the goods ought to be appraised by the Jurors and to be returned by the Inquisition with the Lands c. 1 Mar Dyer f. 100. Pl. 71. accord And further the Sheriff returneth an Inquisition wherein it was found that the Defendant at the day of taking of such Inquisition was seised of divers lands in fee to the value of 22 l. by the year besides reprises the moyety whereof he delivered to the Plaintiff to hold according to the Statute untill he had levied the residue of the said debt and damages there to wit at Westminster aforesaid upon the Thursday next after the morrow of St. Martin And that he should have then here that writ c. And now here at this day to wit the same Thursday next after the same morrow of S. Martin came the same Prudence by T. T. her attorny and the sheriff of the same county of Derb. to wit Iohn Milward Esq now here retorneth a certaine Inquisition before him at Chesterfeild in the said county of Derb. the 6. day of Octob. last by the oath of 12. c. taken whereby it is found that the same Ro. Turner was possessed of 2. Cowes one Mare price 6l as of his proper cattle chattles the same day of the taking of that Inquisition was seised in his demesne as of Fee of and in one Messuage or tenement with the appurtenances in H. in the county aforesaid wherein the same Rob. then lived And of and in one close of arrable land there whereupon the messuage aforesaid standeth one other close called G. S. one other close called M. S. c. as in the inquisition Value of the land found besides the reprises All and singular which messuages are worth by the yeare in all issues besides reprises 22. And and that of the same Sheriff the same day of taking the inquisition aforesaid delivered to the said Prudence the cattell aforesaid at the price aforesaid to hold to the same P as her proper cattel and chattles in part of satisfaction of the debt and damages aforesaid and that the said 5. closes late purchased of A.F. the said cloase caled W. Carrmeadow with the grove in the same and the said close called Wellflat The Sheriff draws the moyety out of the Tenements are the true equall moyety of all and singular the lands and Tenements aforesaid which said moyety the aforesaid sheriff of the said county of Derby the same day of the taking of the Inquisition aforesaid made to be delivered to the said Prudence Moyle to hold the same P. as her Free Tenement to her and her assignes according to the Forme of the statute aforesaid Delivery of the moyety untill the residue of the debt damages aforesaid were levied thereof and further by the Inquisition aforesaid it is found that the said R. Turner neither the day of the judgment aforsaid given to wit 6. Nov. An. 17. abovesaid nor at any time afterwards untill then nor at the day of taking the inquisition aforesaid had any other or more lands or Tenements nor any other goods or chattles in his bayliwick to the knowledg of the Jury of that Inquisition which hee could extend or appaise or deliver to the said P. Moyle The Defendant hath no more lands or goods as by the same writ it was commanded him c. M 20. Iac. Rot 3371 Entry of a Writ of Elegit against a Clerk whereupon the Sheriff returned that he is a Clerk and beneficed at Hab non hab laicum foeod And a Writ awarded to extend the goods and lands ecclesiasticall T. 21. H. 6. rot 326. Sequest spec is entred upon the Distring Ex. ad hab Clra. c. spec intr upon the sequestration for issue Brownlow Suff. ss The sheriff was commanded whereas Antony Hobard Esq lately in the court of the Lord the King now to wit at Westminster by the consideration of the same Court had recorded against Thomas Barker late of Holton in the county aforesaid Clerk aswell a certaine debt of 80 l. as 48 s. which to the same Antony in the Court of the king here were adjudged for his damages which he had by occasion of the detayning of the said debt whereof he is convicted the same Antony afterwards came here into the Court of the Lord the King here and by the statute therein provided chose to be delivered to him all the goods and chattles c. As in the writ before untill and in as much as he shall have executed our command aforesaid he should make appeare here at this day to wit 15. Trinit that he should then have here that writ c. and nowhere at this day came the same Antony by E. H. his attorny and the sheriffe to wit W. Whittle Esq now retorneth that the same Thomas Barker is a Clerk and beneficed at H. in the county aforesaid in the dioces of M. having no lay Fee in his bayliwick Therefore it is commanded to the Reverend Father in Christ Samuell by divine permission Bishop of Norwich that all and singular the goods and chattles Eclesiasticall lands and tenements of the same Thomas in the dioces of the same Bishop he should deliver to the said Antony by a reasonable price and extent to hold the goods and chattells aforesaid Note that in T. 13 Ia. upon the motion of Richardson Serjeant the Court then agreed that he should not have an Elegit to the Bpp. but a Fire Facias de bonis ecclesiasticis and thereupon a fiieri fac de bonis ecclesiasticis was made in that case as his proper goods and chattells and also the Lands and Tenements aforesaid as his Free tenement to him and his assignes according to
coexecutor with the said W. of the testament aforesaid is dead prayeth a Writ by the statute c. and it granted to him retornabl here tres Pas and in asmuch c. the sheriff should make appears here at the same Terme c. at which day here came the said W. Scot executor c by his attorny aforesaid and the sheriff sent not the writ P. 12. Jac Rot 448. entry of a Sci fac by the Administrator during the minority of the Executor to have execution against the Conusor where the Conusce died before the Cap. returnable in the Common Bench. c. and as before praieth a writ thereof by the statute c. and it is granted to him retornable here 15. Mich and in asmuch c. the Sheriff should make knowne here at the same Term at which day came the said W. Scot executor c. by his attorny aforesaid and the sheriff sent not the writ c. therefore as more times let another writ thereof be made to him by the statute c. retornable here Men. Pas and so it is continued untill 15 Mich. at which day came the said W. Scot executor c. by his attorney aforesaid and the sheriff sent here a certaine extent before him taken at B. upon Thursday in Cr. S. Mich. Arch. An. 2 H. 6. Post conq by vertue of a certaine Writ of the Lord the King directed to the same Sheriff by the oath of 12 c. who say upon their oathes that the said W Combe had and held to him and his heires comming of his body the day of the acknowledgment of the debt aforesaid 2. gardens with their appurtenances in the Suburbs of B in Pyle-street and six tenements with their appurtenances in the Suburbs aforesaid in S. which said gardens and tenements M B of Bristoll now holdeth Extent returned and are clearly worth by the yeare besids repaires 34 s. and also saith that the said W. Combe had and held to him and his heires comming of his body the same day of the acknowledgment of the debt aforesaid and afterwards 12 s. rent of Assize issuing out of one tenement in the Suburbs aforesaid in Tonkerstreet which A. D. late held which said rent I. D. now holdeth And also saith that the said W. Combe had and held to him and his heires coming of his body the same day of the acknowledgment of the debt aforesaid afterwards 5. shops with their appurtenances scituate c. which the said W. Combe afterwards gave and granted to T. B. Knight his heires and assignes for ever which are clearly worth by the yeare besides reprizes 40 s and also c. wich all and singular messuages lands Tenements shops Sellers Gardens and Rents above recited one N. V. Viccar of the Church of Saint Mary of R. W. M. and others gave and granted long before the acknowledgment of the Debt aforesaid to the said W. Combe to hold to him and his heirs of his body coming for ever by vertue of which gift the said VV. C. of all the aforesaid Mesnes Lands Tenements Shops Cellars Gardens and Rents with the Appurtenances were seised to him and his heirs of his body coming by vertue of the gift aforesaid the day of the acknowledgement of the debt aforesaid and afterwards And further say that the said W. Combe had no other or more Lands Tenements or Rents goods or chattells within the County of Bristoll the day of the acknowledgment of the Debt aforesaid or at any time afterwards which they could extend or appraise as the same Writ requireth as the Jury aforesaid can enquire Fieri Facias T 16. Jac. rot 3112. Brownlow Testat fi fac de bonis propriis after a Devastavit Entry of a Testat fi fac of his proper goods after a Devastavâ—t between D. and B. MIch 12. Jac. rot 2216. Brownlow War ss Entry of a fieri facias where parcell of the mony returned levied and a fi fac awarded for the residue It was commanded the Sheriff that of the lands and Chattells of I. C. late c. otherwise called c. in the Bailiwick of the same Sheriff he should make as well a certain debt of thirty pounds which W. K. in the Court of the Lord the King now of the Common Bench here to wit at Westminster in the County of Middlesex recovered against him as forty shillings which to the same W. in the said Court of the King here were adjudged for his damages which he had by occasion of detaining of that debt and that he should have the monyes here at this day to wit Mens Michaelis to render to the said W. of the Debt and Damages aforesaid whereof he is convicted Return parcell of the debt and damages levied And now here at this day came the said W. by A. L. his Attorney and the Sheriff now returned that hee by vertue of that Writ caused to be made eighty shillings of the Lands and Chattells of of the sayd I. parcell of the debt and damages aforesaid which hee had ready at the day and place aforesayd as by the said Writ it was commanded to the same Sheriff And that the said I. had no other nor more Lands or Chattells in his Bailiwick whereof the residue of the Debt and Damages aforesaid or any parcell thereof he could by any means cause to be made therefore it is commanded to the Sheriff of VVar. that of the Lands and Chattells of the sayd I. in the Bayliwick of the same Sheriff A fi fac awarded for the residue hee make the residue of the Debt and Damages aforesaid and that hee should have the residue of the monyes here to wit in Crâ—pur to render to the same W. in forme aforesaid c. Entry of a fieri facias where the Sheriff returned Nihil habet and a fieri facias awarded to the Ordinary De bonis ecclesiasticis M 11 Jac rot 189. H. 26 Jac rot 3031 M. 14 H 6 rot 124. T 19. Jac. rot 1020. Brownlow Norff. ss It was commanded the Sheiff that of the Lands and Chattells of Edward Mundy late of H. in the County aforesaid Clark otherwise called c. in your Bailiwick he should make as well a certain debt of a hundred pounds which Thomas C. in the Court of the King here recovered against him as ninety shillings which were adjudged for his damages which he had by occasion of the detaining of the said debt and that he should have those monies here at this day to wit Tres Trin to render to the said T. for his debt and damages aforesaid whereof he is convicted And now here at this day came the said Thomas by M. P. his Attorney and the Sheriff to wit E. G. Knight now returneth that the said E. is a Clarke and beneficed at L. in the Diocesse of Norwich having neither goods nor chattells of Lay fee in his Bailiwick whereof the debt and Damages
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
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
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
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
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
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 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
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
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.
pray execution against the said Ter-tenants of the Debt and Damages of the severall Lands and Tenements aforesaid with the appurtenances which were of the said Richard at the time of the judgment aforesaid given to be adjudged to them Execution by default c. Therefore it is considered that the same Samuel and Iohn have Execution for the debt and Damages aforesaid against the said severall Tenants of the said severall Lands and Tenements with the appurtenances by default of the said severall tenants to be levyed c. And hereupon the same Sam. and Iohn have chosen to be delivered to them the moyety of the severall Lands and Tenements aforesaid with the appurtenances to hold as their Free tenement to them and their assignes according to the forme of the statute therein made and provided untill the Debt and Damages aforesaid shall be thereof levied Elegit awarded and pray a Writ of the Lord the King to be directed to the sheriff of the county aforesaid and it is granted to them retornable here from the day of the holy Trinity in three weeks c. P 39. Eliz. Rot 1347. a Scire facias against Ter-tenants 2. are retorned 1. makes default and the execution awarded against him of the Lands whereof he is Tenant And the other Tenant pleads c. H 7. Eliz. Rot. 1357. divers testats Scire fac awarded into severall Counties at one time against the Ter-tenants M 7. Jac Rot. 45. in t Plit ter Brownlow Nott. ss It was commanded the sheriff Scire fac brought by the heire and exec of the demandant to have execution of a judgment in an Assize of nusance quod nocumentum amoveatur and for damages after the record of the assize is certified unto the Bench 43. E. 3. 2. br Execut. 3 z. accord Assize of nusans brought in Confinio Com. P. 10. H. 4 Rot. 225. Scire fac brought by the heire of the defendant upon the recovery in an assize to have execution upon the land and the tenant pleads no tenure for want whereas latly to wit upon Monday the 21 day of September An of the reigne of the Lord the King now 5. before T. G. Knight and Leonard B. Esq and N. C. Esq late Justices assigned to take the Assizes of the said Lord the King in the Countyes of No L. at D. P. in the same C. of L. and at Ha. in the said C. of Nott by the recognitors of the same Assize of Nusans it is found that Tho. Conians Esq unjustly without Judgment raysed a certaine banck in B. in the County of Nott. to the hurt of the Free Tenement of Tho. Taylor Esq in D. aforesaid within 30. yeares now last past to wit whereas the same T. T. was seised of and in one Close of pasture contayning by estimation 100. acres with the appurtenances called D. Carres in D. aforesaid in his demesne as of Fee And whereas also the same T. T. is likewise and of a long time was seised of and in one Close of pasture contayning by estimation 40. Plaint in an assiz of nusans acres with the appurtenances called H. in B. aforesaid in his demesne as of Fee nere adjoyning to the same Close of pasture called D. C. And the same T. T. and all those whose estate the same T T. then had in the same close of pasture of the same T. T. called D. C. from the time whereof the memory of man is not to the contrary good presedent have had and were accustomed to have a certain gutter or Sewer leading of and from the same close called D. C. through the same close of the said T.T. called H. otherwise H. and from thence unto the common River called the Fosse in the county of Lincoln aforesaid in which said Gutter the water running falling and flowing in and upon the same close of pasture of the same T. T. called D. C. from time to time and by the whole time abovesaid was continually accustomed and wont to run through the same close of the same T. C. called H. otherwise H. and from thence unto the said common river called the Fosse and the same T. T. being so seised of the same close of pasture called D. C and of the same Gutter in F. aforesaid and the same T. T. being likewise seised of the same close of pasture called H. otherwise H. in F. aforesaid the same T. C. before the purchasing of the originall writ of the assize aforesaid to wit the 21. day of May An. Rs. nunc 5. a certaine banck in and upon the same gutter in the same close of the same T T. being unjustly and without judgment made erected and exalted And the watercourse into the gutter aforesaid from the same close called D. C. falling and descending and being wont to fall and descend into the gutter aforesaid by the exalting making and erecting of the banck aforesaid obstructed and stopped by reason whereof the water in and upon the same close of the said T. T. called D C. from the time of the exalting making and erecting of the banck aforesaid running falling and descending from the same close of the said T. T. by the ancient course through the said close of the said T. T. And from thence unto the said common river called the F. aforesaid as before it was wont accustomed to run and to be convayed is hindred where by the water by the gutter aforesaid out of and from the same close of the same T. T. by its ancient course descending and running untill the banck aforesaid newly exalted back againe in and upon the said close of the said T. T. doth reflow and over-flow the same Close whereby that close by the overflowing aforesaid became Sterrill and unfertill And the same T. T. the Profit of his close by a long time to wit from the said 21. day of May untill the day of purchasing of the originall Writ of the assize aforesaid to wit the 22. day of June An. Rs. nunc 5. abovesaid lost to the nocument of the Free tenement of the same T. T whereupon before the same Justices it was considered that the hurt aforesaid by the view of the Recognitors aforesaid should be removed and that the banck aforesaid should be cast downe Iudgmenn in an assize of nusans so that the water aforesaid by the gutter aforesaid through the same close of the same T. T. called H. otherwise H. and from thence unto the common River called the Fosse in the same County of Lincolne into its ancient course at the charge of the said T. it should be reduced and that the said T. T. should recover against the same T.C. his damages to eight pounds by the Recognitors of the Assize aforesaid assessed and also 8 l. and ten shillings to the same T.C. at his request for his costs and charges at the discretion of the Justices here adjudged of encrease which sayd Damages in the whole do amount to
sixteen pounds and ten shillings The record of the Assize certifi d into the Bench. and that the same T.C. should be thereof in mercy as by the Record and proceedings therein the Justices of the said Lord the King here to wit at Westminster at the command of the Lord the King sent and in the same Court here before them remaining manifestly appeareth Execution notwithstanding of the judgement aforesaid yet remaineth undone and the same T.T. is dead as by the information of T. T. Esquire son and heir of the said T.T. his Father and Executor of the Testament of the said T.T. his Father the King understandeth and because c. that by honest c. he should make known to the same T.C. that hee should be here in 8. Sancti Michaelis to shew if any thing c wherefore the same T. T. the son Execution upon the judgement aforesaid ought not to have if c. At which said 8. Sancti Michalis Adjournment untill Mens Michaelis ANd now here at this day came as well the same T.T. the Son by E. S. his Attorney as the same T. C. premonished c. by I. A. his Attorney and the sheriff now returneth that he had made known to the said T.C. of being here at this day to shew in Forme aforesaid c. by M. H. and E. H. honest c. and hereupon the same T.T. son and heir bringeth here into Court the Letters Testamentary of the said T.T. his Father by which it appeareth to the Court here the same T. T. the son to be Executor of the Testament aforesaid and thereof to have the Administration c. And as Son and heir of the said T. T. his Father prayeth that the Nusance aforesaid by the view of the Recognitors aforesaid may be removed and that the banck aforesaid may be cast down c. so that the water aforesaid by the gutter aforesaid through the same close of the same T.C. called H. and from thence unto the common River called Fosse in the said County of Lincoln into its ancient course at the charges of the said T.C. may be reduced and as Executor of the Testament aforesaid prayeth Execution for the Damages aforesaid to be adjudged unto him c. ANd the same T.C. nothing to hinder the Execution of the judgement aforesaid sayth whereby the same T. T. the son remaineth against the same T.C. therein without defence N. l. dic Therefore it is considered that the said T.T. son and heir of T.T. his Father and as Executor of the Testament aforesaid have Execution of the judgement aforesaid against the same T.C. in forme aforesaid given c. P 21. Iac. rot 1816. Brownlow Norff. ss Entry of a Sci. fac for the Tenant in a wâ—it of dower to have execution of the lands to the vaâ—ue c. of the third part recovered in dower after seisin hod af the third paâ—t demanded for the demandant against the Tenant It was commanded the sheriff whereas Ioane Morrell widdow who was the wife of John M. Gent. lately in the Court of the Lord the King now here to wit at Westminster had demanded against Robert Long Gent the third part of one Messuage c. with the Appurtenances in H. as her Dower which hapned to her out of the free Tenement which was of the said I her late husband by writ of the Lord the King Dedo te unde nichil habet And the same Robert in the same Court of the Lord King here called Iohn N. Gent. summoned in the County aforesaid to warrant against her which said Iohn M. summoned afterwards in the Court of the Lord the King here made default by which it was then considered in the same Court of the King here in the Terme of Saint Michael Anno Regis nunc 18. that the said Ioan should recover her seisin against the same Robert of the third part aforesaid with the appurtenances and that the same Robert should have of the third part of the said I. N. to the value of the third part aforesaid with the Appurtenances by default of the sayd I. N. and although the same Ioan hath obtained her seisin of the third part aforesaid with the appurtenances by vertue of the judgement aforesaid neverthelesse the same Robert of the third part of the same I. N. to the value of the third part aforesaid hath not attained and because c. that by honest c. he should make known to the said I. N that hee should be here at this day to wit A Die Pas in â—unam mensem to shew if any thing c. wherefore the same Robert of the third part of the same I N. to the value of the third part aforesaid with the Appurtenances according to the Forme of the Recovery aforesaid ought not to have c. And now here at this day came the same Robert by Luke Constable his Attorney and offered himselfe the fourth day against the said I. N. in the same plea and he being solemnly called came not and the sheriff now returneth that he by vertue of the Writ aforesaid to him directed made known to the same I.N. of being here at this day to shew in form aforesaid by Iohn Doo and R. R. c. Therefore it is considered that the same Robert have Execution and seisin against the said I.N. of the lands of the said I. N. to the value of the third part aforesaid with the appurtenances by default c. and hereupon the same Robert prayeth a Writ of the Lord the King to be directed to the sheriff of the County aforesaid to cause to be made to him full seisin of the Lands of the said Iohn N. to the value of the third part aforesaid with the appurtenances to hold to him in severalty by metes and bounds and it is granted to him returnable here in Crastino sancti Trinitatis c. T 21. Iac. rot 3360. Brownlow Dorset ss Sci. fac sued by the administrators to have Execution upon a judgement had by them as administrators Hurding and Martin Admistrators of Martin sue out a Scire facias upon a judgement had by them as Administrators M. 18. Iac. against Starr for fourteen pounds as for six pounds and have Execution by default without shewing the Letters of Administration Quaere for they brought them into Court upon the first declaration H 21. 21. Iac. rot 3150. Gulston Otherwise as it appeareth in Mich. Terme Anno 21. Entry of a Sci. fac against the sheriff to render to the plaintiff so maâ— catrell as were replevied by him by pledges for that the pledges are insufficient Quaere whether such writ ought to be brought in Middlesex where the record of the recovery remaineth or where the Testat Sci. fac is to wit in the county of Surrey 18 E. 4. 18. and 22. 9 H. 6. fol. 42. 15 24. 19 2 H. 6. 15. 21 H. 6. 40. 4 H. 7. 67. 10 H 7. 11. 3