was sent back from the Justices at Chester to the Bench to determine a Forreigne voucher day is given the tenants make default and for that the cause was determined 91 Entry of a Count ad Terminum qui Praet in County Palatine of Chester with the Pleadings 92 S Secunda Deliberatio Entry of a writ of Second Deliverance after the goods were taken in Withernam and the Defendants attorny was compelled to gage deliverance 93 Scire Facias Entry of a Scire Facias upon a recognizance against sureties in replevin after Averia elongat retorned 95 Entry of a Scire fac after a judgment reversed in writ of false judgment upon a Record in Dtinue 97 Entry of a Scire Fac directed both to the sheriff and Coroner to levy a debt upon a Fieri Facias and not paid at the retorne of the Fi Fac. 98 Entry of a Scire Fac. upon a generall pardon after a capias ut lagat wherein are speciall pleadings 110 Entry of a count in debt upon a generall pardon 100 Entry of a Scire Facias upon a recognizance where one of the defendants is dead and the other prayeth imparlance ib. Entry of a Scire Fac. against the Tenant by Elegit where part of the debt is levyed the residue brought And a delivery awarded 101 Entry of a Scire fac awarded in Aide 102 Scire Facias Entry of a Scire fac by an administrator against an executor where the letters of administration are shewed assets confessed to 40 l. and traverseth that he hath Nulla alia bona Replication that he hath more Assets and verdict 102 Entry of a Scire Fac. against an executor of 1 Manucaptor of 3. Manucaptors upon a Recognizance in debt judgment against the Principall Speciall pleadings 104 Entry of a speciall bar to a Scire fac against the executor to have execution de bonis propriis after a Devastavit retorned wherin judgment is for the Defendant after demurrer 109 After plene administravit pleaâ—ded assets are found and judgmen-thereupon the sheriff retornes a Deo vastavit such Spe. Devastavit â—n 1 good plea. 11â— Entry of Scire fac against an executor upon surmise that the executor had wasted the goods of the Testator after judgment tryall and speciall verdict therein ib. Entry of a Bar to an alias Scire facias upon Recognizance in priviledg where one makes default and the other pleads payment issue non solvit ib. Entry of a Scire fac against Ter-tenants upon judgment in debt after death of the obligee the recovery recited Elegit awarded de medietate terrarum 112 Entry of a Scire fac upon a Recognizance the defendant pleads a feoffement made of the lands c. before judgment c. and prayeth Iudgment The plaintiff saith that the Lands are held in Fee simple and Traverseth the feoffment 113 Entry of a Scire fac upon baile to make deliverance after gage deliverance of Cattle in Court against Manucaptors because the Conusee had not made deliverance Iudgment by nichil dicit ib. Entry of the like Scire fac against Manucaptors c. 114 Entry of a Scire fac upon a Iudgment in a Writ de Droit de Gard. Entry of a Scire fac upon Iudgment in detinue for Cattle ib. Entry of a Scire fac against an heire upon Iudgment against his father in Debt and an Elegit awarded 115 Entry of a Scire fac against an heire upon Iudgment against his father in the time of another King ibi Entry of a Scire fac against the Ter-tenants of lands descended to G. in Feesimple from W. his father and which were of the said G. 12. F. test of the originall 116 Entry of a Scire fac at the suite of an executor against an heire upon a Iudgment against the father viens per Discent pleaded in bar replication Assets per discent at the test of the Scire fac 111 Entry of a continuance of a Scire fac 118 Entry of a Scire Fac. by the surviving Administrator of the goods of the first intestat not administred by the first Administrator ib. Entry of a Scire fac to have execution de bonis propriis upon a devastavit retorned post Annum diem ib. Entry of a Scire fac brought by the executor against the administrator at the full age of the executrix upon a Iudgment had against the intestat by the administrator during the Minority of the Infant ib. Entry of a Scire fac against ter-tenants 119 Entry of an alias Scire fac against the Administrator upon Iudgment against the intestat 120 Entry of a Scire fac with a Capias testat thereupon awarded ib. Entry of an Alias Scire fac upon Iudgment had against the Principall upon originall in debt out of the common Bench. ib. Entry of an alias Scire fac where the first terme 122 Entry of a Scire fac upon a recovery in Dower against the ter-tenants for the value of the Damages ibi Entry of a Scire fac upon Iudgement had against 4. executors whereof 2. onely appeared and those only amersed 124 Entry of a Scire fac by a new Administrator during the minority c. of goods not administred by the first administrator upon a recovery by the first administrator Iudgment by nihil dic 125 Entry of a Scire fac to have the penalty given by the statute of 23. H. 6. cap. 11. against a sheriff for levying more monies upon a town for Knight service then the towne was taxed 126 Entry of a writ of Attachment issued out of Parliament to heare a bill to the same Parliament 127 Entry of a plea of speciall Bastardy pleaded in Bar to a Scire fac to have execution upon a fine demurrer thereto and judgment for the demandant ib. Entry of a Scire fac wherein execution was awarded at the Assize upon the tryall before the day in the Bench. 148 Entry of a Scire fac wherein aide is granted by the King to execute a fine ib. Entry of a Scire fac brought by the K. upon a judgment in Assize of Darreigne presentment had by the King by reason of the wardship of an Ideote Defendant pleads that the Lessor was respited untill 8. Hill for the default of the recognitors and judgment therein against the King ib. Entry of a Scire fac brought by the Tenant in Recovery to have execution of lands in value against the voucher 130 Entry of a Scire fac wherein judgment is given against the Pla. in execution of a fine ib. Entry of a Scire fa upon an indictment in debt where the defendant before execution fradulently convayed his lands with intent to defeat the plaintiff ib. Entry of a Scire fac for damages in an Assize of fresh force 131 Entry of a Scire fac against the sheriff for taking insufficient pledges in Repleg Entry of a Scire fac and judgment herein superseaded for that the def was in the Kings custody ib.
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
of the said T. Lacke was servant of the said Iohn Rooper Knight Cheif Clarke of the said Lady the Queen now assigned to enroll the pleas of the said Lady the Queen before the same Queen and prayeth that the said Writ of Supersedeas according to the Forme of the same Writ to be granted and allowed to him and that the Justices here will not take Cognizance of the plea aforesaid against him c. Counter plea to the writ of priviledge that the Defendant is farmer of the said cheif clark of dives lands c. and traverseth that he is a fervant to him and abiding with him attending in the office Traverse And the said Thomas saith That the Court here for any thing before alledged ought not to be repelled from the having and taking Cognizance of the plea aforesaid because he saith That the said Iohn Wood at the day of the purchasing of the Originall Writ of the same Thomas to wit the same seventeenth day of September Anno c. 44. was Farmer of the same I Rooper Knight of certain Lands of the said I. at B. aforesaid in the said County of Kent without this that the same I W the same day of purchasing of the Originall Writ of the same T. or at any time afterwards was servant of the said I.R. Kinght abiding with the said I. or attending the said I R in his affaires in the Office aforesaid and this he is ready to verifie as the Court shall consider and prayeth the Supersedeas not to be allowed him and that the Court would take further Cogn zance against him c. Demurrer to the counter plea ANd the same Iohn Wood saith That the said Plea of the said T. above pleaded to adnull the said Writ of Supersedeas and also the matter in the same plea contained are insufficient in Law to deprive the same I W. from having the said Writ of supersedeas allowed or that the Court here should take further Cognizance against him in the plea aforesaid and that he to the plea aforesaid in forme aforesaid pleaded hath no need nor by the Law of the Land is held to answer and this hee is ready to verifie Joinder in Demurrer whereupon he prayeth Judgement that the said Writ of supersedeas according to the form of the said Writ may be granted and allowed unto him and that the Justices here would not take further cognizance against him in the plea aforesaid c. And the same T. from whence he sufficient matter in Law to deprive the same I W from having the said Writ of super and that the Court here should take further Cognizance against him of the plea aforesaid hath above alledged which he is ready to verifie which sayd matter the same I. W. doth not gainsay nor any wise answer to the same but doth altogether refuse to admit of the verification thereof prayeth judgement if the said Writ of Supersedeas ought to be granted or allowed unto him and that the Court would take Cognizance against him the said I. W. in the plea aforesaid and because the Iustices c. M. 9 Jac. rot 705. ss A Writ of priviledge allowed for one of the six Clarks of the Chancery The Lord the King sent to his Justices of the Common Bench here his Writ closed in these words James by the Grace of God c. To his Justices of the Bench greeting Whereas the Masters Clarks and Officers of our Court of Chancery and of our progenitors late Kings of Eng and also their servants and familiars whosoever to answer in our Court before you or before any of our Justices or Ministers or other secular Judges whatsoever besides before us in our Chancery aforesaid upon any Writs Causes or Complaints Trespasses Actions or Demands which concern not our person pleas of Freehold Felonyes and Appeales only excepted according to the Jurisdiction Liberties priviledges and Customes of our Chancery aforesaid from the time whereof the memory of man is not to the contrary hitherto obtained ought not to be drawn compelled or imprisoned nor hitherto were wont And now we understand that W. S. Knight doth implead in our Court before you Valentine Saunders Esquire one of the six Clarkes of our Court of Chancery aforesaid for 400 pounds which the same W. doth demand of the said Valentine as it is sayd in Derogation of our Court of Chancery and against the custome aforesaid and because we will inviolably observe the Jurisdiction Liberties priviledges and customes aforesaid We command you that from further holding before you of the plea aforesaid by whatsoever name the same V. be reputed you be altogether superseded declaring to the sayd W. on our behalfe that he follow against the same V. before us in our Chancery aforesaid and no where else If it seeme expedient for him Teste c. 9 November Anno 16. and 45. By pretext of which sayd Writ the Rolls and other Memorables of the Court of the Lord the King here remaining being searched it sufficiently appeareth upon Record that before the same writ of supersedeas was delivered to the said Justices here the same V was put in Exigent in the Hustings of London to be outlawed at the suit of the said VV. in the plea aforesaid which said writ of Exigent before the Justices here is returnable in Octab. S. Hillarii whereupon the same Valentine for his indempnity prayeth a writ of the Lord the King to be directed to the Sheriffs of London to supersede the Execution of the said writ of Exigent so that the same VV. at that day may shew if he can wherefore the same Va the priviledge of the Court Chancery of the said Lord the King according to the forme and effect of the writ aforesaid ought not to have if c. and it is granted to him returnable here at the same Terme c. The same day is given to the said V. here c. H Il. 1. and 2. Eliz. rot 630. The like writ is allowed for a Chancery Clarke H 18 El. rot 602 the like writ is allowed T. 19. El. rot 1213. H. 25. Eliz. rot 2019 A writ of priviledge for a Prothonotaries clarke of the Kings Bench allowed in the Common Bench. P 44 Eliz. rot 1841. The Lord the King c. reciting the writ of priviledge for Richard Swaine Doctor of Lawes one of the Masters of the Chancery Teste Anno 44. and for that the plaintiff alledged nothing in court here wherefore the said writ ought not to be allowed him therefore the plea aforesaid against the same R in the court of the King here shall be no more attempted c. M. 11 H 7 rot 133. T 5 Jac. rot 750 P 18 Jac. rot 1795. for M. P 13. Jac. rot 2192. P 11 Iac. rot 1368. P 36 Eliz. rot 320 P 8 H 7 rot 130. Allowance of a writ of priviledge for T.S. his Clerke one of the servants of our beloved clarke I.B. keeper
judgment in a writ de droit de Gard. P. 2. H. 7. Rot. 50 Scire Fac upon a judgment in detinue for Cattle and for Debt ss IT was commanded the sheriff whereas I. P. one of the attornies of the Court of the Lady the Queene here of the common Bench lately in the same court of the Lady the Queen here to wit 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here Entry of a Sci fac against an heire upon a judgment against his father in debt and an Elegit awarded by the consideration of the same Court had recovered against I. K Kt. aswell a certaine debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted and by the record and proceedings therein in the same court of the Queen here remayning manifestly appeareth Neverthelesse execution of the judgment aforesaid yet remayneth undon M 26 27. Eliz. rot and the same I. K Knight is dead as by the information of the said I P. the Queen understandeth And because c. that by honest c. he make known to I. K. Esquire son and heire of the said I. K. Knight and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee simple at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim to shew if any thing c. wherefore the said 12 l. 6 s. and 13 s. 4 d. ought not to be made of the lands and tenements which were of the said I. K Knight in Fee-simple at the time of giving of the Judgment aforesaid in his bayliwick being in the seisin of the said I. K. the son and rendred to the same I. B. according to the form of the recovery aforesaid And now here at this day came the same I. P. in his proper person and offered himselfe the 4. day against the said I. K. the son in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath made known to I K the son of being here at this day by I D and R F honest c. Therefore it is considered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple at the time of giving of the judgment aforesaid being in the seisure of the said I. K. the son by default c. and hereupon the same I. P. hath chosen to be delivered to him the moyety of all the Lands and Tenements which were of the said I. K. Knight in Fee-simple being at the time of the judgment aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided untill the said 12 l. 13 s. 4 d. be thereof levyed and prayeth a writ thereof to be directed to the sheriff of the County aforesaid And it is granted to him retornable here in Oct S. Hill c. quaere de rest forme H 3. Jac. Rot. 308. ss Entry of a Sci fac against an heir and judgement thereupon by default upon a judgement had against the Father deceased in the time of another King It was commanded the sheriff whereas R. S latly in the court of the Lady Eliz. late Queen of England to wit in the Term of the holy Trinity An. 30. before E. A. Knight c. by the consideration of the same Court had recovered against T S late c aswell a certaine debt of 40 l. as 40 s. which c. as by the record and proceedings here in the Court of the Lord the King now here remaining manifestly appeareth notwithstanding execution c. And the same T is dead as by the information of the same R. c. and because c. that by honest c that he make knowne to W S son and heire of the said T. who hath lands and Tenements which were of the said T in Fee simple in Cr. Tri. An. c. or at any time afterwards that hee should be here at this day to wit in Oct. Hill to shew if any thing c. wherefore they ought not to make the debt and damages aforesaid of the lands and Tenements aforesaid being in the county aforesaid and render them to the said R. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same R by I H his attorny aforesaid and offereth himselfe the fourth day against the said W. in the plea aforesaid and he being solemnly called came not and the sheriff now retorneth that he had made known to the said W. son and heire of the said T. and tenant of two messuages and 100. acres of land Scit fac returned with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli to shew in form aforesaid c. by I. K. and L. I. honest c. and hereupon the same R. prayeth execution against the said W. of the debt and damages of the lands and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity to him to be adjudged c. Therefore it is considered that the said R. have execution against the said W. of the debt and damages aforesaid to be levied of the tenements aforesaid by default c. Inquire of the forme of this writ P 4. J. Ro. 25 57 Upon a Recovery in debt against G. K son heir of W K. by I. Harper Sci. fac to the Tenants of the lands Tenem which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42 Eliz. which day the said Iohn Harper purchased his originall writ in debt against the said W. that he should be here in Oct. Hill c. Entry of a Sci fac brought by an executor against an h ire upon judgment against his Father c. H Ill. 5. Jac Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9. It is thus contayend Corn. ss It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England to wit in Mich. Term An. 37 and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here to wit at Westminster had recovered against I C late of c. aswell a certaine debt of 40 l. which c. as 40 s. which c. put c. Execution notwithstanding c. and aswell the said
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