judgment in a writ de droit de Gard. P. 2. H. 7. Rot. 50 Scire Fac upon a judgment in detinue for Cattle and for Debt ss IT was commanded the sheriff whereas I. P. one of the attornies of the Court of the Lady the Queene here of the common Bench lately in the same court of the Lady the Queen here to wit 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here Entry of a Sci fac against an heire upon a judgment against his father in debt and an Elegit awarded by the consideration of the same Court had recovered against I. K Kt. aswell a certaine debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted and by the record and proceedings therein in the same court of the Queen here remayning manifestly appeareth Neverthelesse execution of the judgment aforesaid yet remayneth undon M 26 27. Eliz. rot and the same I. K Knight is dead as by the information of the said I P. the Queen understandeth And because c. that by honest c. he make known to I. K. Esquire son and heire of the said I. K. Knight and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee simple at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim to shew if any thing c. wherefore the said 12 l. 6 s. and 13 s. 4 d. ought not to be made of the lands and tenements which were of the said I. K Knight in Fee-simple at the time of giving of the Judgment aforesaid in his bayliwick being in the seisin of the said I. K. the son and rendred to the same I. B. according to the form of the recovery aforesaid And now here at this day came the same I. P. in his proper person and offered himselfe the 4. day against the said I. K. the son in the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath made known to I K the son of being here at this day by I D and R F honest c. Therefore it is considered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple at the time of giving of the judgment aforesaid being in the seisure of the said I. K. the son by default c. and hereupon the same I. P. hath chosen to be delivered to him the moyety of all the Lands and Tenements which were of the said I. K. Knight in Fee-simple being at the time of the judgment aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided untill the said 12 l. 13 s. 4 d. be thereof levyed and prayeth a writ thereof to be directed to the sheriff of the County aforesaid And it is granted to him retornable here in Oct S. Hill c. quaere de rest forme H 3. Jac. Rot. 308. ss Entry of a Sci fac against an heir and judgement thereupon by default upon a judgement had against the Father deceased in the time of another King It was commanded the sheriff whereas R. S latly in the court of the Lady Eliz. late Queen of England to wit in the Term of the holy Trinity An. 30. before E. A. Knight c. by the consideration of the same Court had recovered against T S late c aswell a certaine debt of 40 l. as 40 s. which c. as by the record and proceedings here in the Court of the Lord the King now here remaining manifestly appeareth notwithstanding execution c. And the same T is dead as by the information of the same R. c. and because c. that by honest c that he make knowne to W S son and heire of the said T. who hath lands and Tenements which were of the said T in Fee simple in Cr. Tri. An. c. or at any time afterwards that hee should be here at this day to wit in Oct. Hill to shew if any thing c. wherefore they ought not to make the debt and damages aforesaid of the lands and Tenements aforesaid being in the county aforesaid and render them to the said R. according to the Form of the Recognizance aforesaid if c. And now here at this day came the same R by I H his attorny aforesaid and offereth himselfe the fourth day against the said W. in the plea aforesaid and he being solemnly called came not and the sheriff now retorneth that he had made known to the said W. son and heire of the said T. and tenant of two messuages and 100. acres of land Scit fac returned with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli to shew in form aforesaid c. by I. K. and L. I. honest c. and hereupon the same R. prayeth execution against the said W. of the debt and damages of the lands and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity to him to be adjudged c. Therefore it is considered that the said R. have execution against the said W. of the debt and damages aforesaid to be levied of the tenements aforesaid by default c. Inquire of the forme of this writ P 4. J. Ro. 25 57 Upon a Recovery in debt against G. K son heir of W K. by I. Harper Sci. fac to the Tenants of the lands Tenem which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42 Eliz. which day the said Iohn Harper purchased his originall writ in debt against the said W. that he should be here in Oct. Hill c. Entry of a Sci fac brought by an executor against an h ire upon judgment against his Father c. H Ill. 5. Jac Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9. It is thus contayend Corn. ss It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England to wit in Mich. Term An. 37 and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here to wit at Westminster had recovered against I C late of c. aswell a certaine debt of 40 l. which c. as 40 s. which c. put c. Execution notwithstanding c. and aswell the said
W. as the said W W are dead as by the information of W S executor of the testament of the said W W the King understands and because c. that by honest c. he make known to C C Gent. son and heire of the said I and now Tenant of all the lands and Tenements which were of the said I in Fee-simple at the time of giving the judgment aforesaid that he should be here at this day to wit in Cr Trin. to shew if any thing c. wherefore the debt and Damages aforesaid ought not to be made of the lands and tenements of the said I. in Fee-simple at the time of the judgment aforesaid given being in the seisin of the said C in the county aforesaid according to the form of the recovery aforesaid and now here at this day came aswel the said W S by I B his attorney as the said C by P K his attorny and the sheriff now retorneth that he by vertue of the writ aforesaid to him directed die tali An. by E D and W W honest Sci fac tenenti terr returned c. made known to the said C son and heire of the said I and tenant of 1 Messuage and 10. acres of land c. in C in the county aforesaid which were of the said I C in Fee-simple at the time of the judgment aforesaid given that he should be here at this day to shew if any thing wherefore the debt and damages aforsaid ought not to be made of the lands and Tenements aforesaid being in the seisin of the said I and rendred to the said W S according to the forme of the recovery aforesaid And hereupon the said W S bringeth here into court the letters testamentary of the said W W by which it is sufficiently manifest to the Court here the same W S to be executor of the testament aforesaid and thereof to have the administration c. and prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to him to be adjudged c. and hereupon the same C prayeth licence thereof to imparle here c. untill Oct. Hill c. at which day here came aswell the same W as the same C by their attornies aforesaid and hereupon the same W S as before prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to be adjudged to him c. ANd the said C saith that the said W execution against him as son and heire of the said T C of the debt and damages aforesaid ought not to have because he saith that he hath not Monstrans de testament Bar riens per discent Quere nor at any time after the judgment aforesaid given had any lands or tenements by hereditary discent from the said I his Father in Fee-simple whereof the debt and damages aforesaid could be made and this he is ready to verifie whereupon he prayeth judgment of the said W S execution against him as son and heire of the said I of the debt and damages aforesaid ought to have c. ANd the said W S saith that by any thing before alledged Replication that he had assets by discent at the teste of the Sciâ— fac he ought not to be barred from having his execution against the said C as son and heire of the said I of the debt and damages aforesaid because he saith that the same C before the day of the judgment aforesaid given and the day of purchasing the said writ of Scire fac to wit tali die An. had sufficient lands and tenements by hereditary discent from the said I. his father in Fee-simple whereof he might have satisfied the said W S of the debt and damages aforesaid to wit at C aforesaid and this he prayeth may be inquired of by the Country and the same C likewise Therefore 12 c. Continuance of a Scire facias ss AT which day here came the said Plaintiff by his attorny aforesaid And the sheriff sent not the writ Therefore let the defendant as before be premonished that he be here in Ost. S. Mich. to shew in Forme aforesaid c. Sci fac by the surviving Administrator of goods of the first intestate not administred by the first administrator T 16. Jac. Rot. 3109. London Int. G and H Scire fac by the surviveing administrator of the goods of the first intestat of goods not administred by the first administrator Sci fac brought upon a Devastavits post An. diem T 19. Jac. Rot. 1779. Scire fac to have execution de bonis propriis upon a devastavit retorned post An and diem Sci fac brought against the administrator by the executor at his full age upon a judgment had against the intestate by the administrator during the minority of the Infant H 7. Jac. Rot 109. Brownlow London ss It was commanded the sheriff whereas I B and H G administrators of the goods and chattles which were of I W during the minority of Margaret W executrix of the testament of the said I W lately in the court of the Lady Eliz. late Queen of England to wit in Mich. term An. 27. and 28. before E A Knight and his associats then justices of the said Lady the Qu. of the Common Bench here to wit at Westminster by the consideration of the same Court had recovered against W D late c. otherwise called c. aswell a certaine debt or 160 l. as 98 s. which c. whereof he is convicted as by the record and proceedings therein in the court of the Lord the King now here remayning manifestly appeareth execution notwithding of the judgment aforesaid yet resteth to be done and the said W is dead Averment of the full age of the executrix and the death of the Defendant And the same Margaret after the judgment aforesaid therein given is come to the full age of 21. yeares and afterwards took to husband one Tho. Knight as by the information of the said T. and M executrix of the testament of the said I W deceased the King hath understood And because c. by honest c they should make knowne to W D and Margaret his wife Administratrix of the goods and Chattells which were of the said W D who died instated Sci fac awarded against the administratrix of the defendant c. at the time of his death That they should be here at this day to wit in Oct. Hill to shew if c. wherefore the same Thomas and Margaret his wife execution against them of the debt and damages aforesaid of the goods and Chattles which were of the said W D at the time of his death being in the hands of the said W and M his wife to be administred ought not to have c. according to the Form of the recovery aforesaid if c. and an al
of the Dower of the said M. of one Messuage 29. acres of land c. with the appurtenances in M. from the time of the death of the said R her late husband c. As for their damages which they had by occasion of the detayning of the Dower whereof he is convicted as by the Record proceedings therein in the Court of the Queen here remayning manifestly appeareth Tenant in the writ of dower after judgment dieth Sci fac awarded against the son and heir Neverthelesse excution of the judgement aforesaid yet resteth und on And the same T. B. is dead as by the information of the said W. and M. the Queen understands and because c. that by honest c. he should make knowne to E. B. son and heir of the said T. who holdeth the lands and tenements which were of the said T. at the time of the judgment aforesaid given that he should be here at this day to wit in Cr. Anim. to shew if any thing c. wherefore the said W. and M ought not to have execution against him of the value of the Damages aforesaid of the Lands and Tenements aforesaid according to the Form of the recovery aforesaid if c. Return de vic Alias Scâ— fac awarded And now here at this day came the same W. and M. by I. G. their attorney and offered themselves the 4th dâ—y against the said E. of the plea aforesaid And he being solemnly called came not and the sheriff now retorneth that he hath nothing c. nor is found c. Therfore as before the sheriff is commanded that by honest c. he should make knowne to the said E. that he be here 15. Marti to shew in Form aforesaid if c. And now here at this day to wit the said 15. Marti came aswell the same W. and M. by their attorney aforesaid as the same E. premonished c. by W. D. his Attorney Sci fac returned but note that the Sheriff doth not return of what lands the son and heiâ— is tenant according to the point in the writ And the sheriff to wit R. I. Esquire now retorneth that he made knowne to the said E. of being here at this day to shew in Form aforesaid by T. D. and I. G. honest c. And hereupon the said W. M. prayeth Execution against the said E. of the value and damages aforesaid of the lands and tenements aforesaid to them to be adjudged c. and the said E. reserving to himself all and all manner of exceptions and advantages aswell to the said writ of Scire fac as to the declaration aforesaid prayeth imparlance here untill Oct. S. Hill and hath it c. Speciall imparlance The same day is given to the said W. and M here c. At which day c. and from thence imparleth untill Oct. Mich And now here at this day to wit at the said Oct. Mich. came aswell the said W. M as the said E. by their Attornies aforesaid and hereupon the said W. and M as before prayeth execution against the said E. of the value and Damages aforesaid to them to be adjudged c. And the said E saith nothing in bar or hinderance of the execution of the said W. and M aforesaid by which the same W. and M. remaine against the said E. and thereof without defence therefore it is considered that the said W. and M. have Execution against the said E. of the value and Damages aforesaid of the lands and Tenements aforesaid by default c. And because it is not knowne what Lands and Tenements the same T had at the day of his death in Fee-simple Judgment by nichil dic Suggestion to have a Writ to inquire of the value of the lands awarded nor how much those Lands and Tenements were worth by the yeare according to the true value thereof it is commanded the sheriff that by the oath of honest and Lawfull men of his Bayliwick he diligently inquire what Lands and Tenements the said T. had the day of his death in the Bayliwick of the said sheriff And if the said T. died seised of any Lands and Tenements with the appurtenances in Fee-simple Then how much those Tenements were worth by the yeare in all issues beyond reprises Quaere for these words are neither perfect nor good And after such inquisition by the sheriff made he deliver the same Lands and tenements to the same W. and M without delay according to the true value of them to hold to the same W. and M. untill the said 45 l. and 10 s for the value and damages aforesaid thereof be levyed c. and in asmuch c. the sheriff make appeare here 15. Mich. At which day there came the said W. and M by their attorney aforesaid and the sheriff to wit Quaere de rest matter I. B. Knight now retorneth here a certaine Inquisition c. that the father was seised in Fee of 22. acres of Land at the day of his death to the value of 9 s. 8 d. which said 22 acres of Land the sheriff delivers intirely c. Debt against fâ—ur Executors two appear and the Plaint tame against the same two with a simul cum c. Judgment against the four and the two that appeared onely a mercied H 12. H. 7. rot 361 Mordant Devon ss Roger Viell brought his Accompt of debt against Nich. Yeo. and Eliz. his wife executors of Eliz. Mounck executrix of I. Mounck that they together with W. Mo. and H. Mounck should render to him 38 l. 17 s. upon bill obligatory made for the payment of 64 l. 19 s. 7 d. ob and satisfaction confessed for 26 l 2 s. 7 d. ob by the testator Notwithstanding the executors although often requested c. have not rendred c. And the same N. and Eliz his wife together with those c. to him to render gain say and unjustly detaine c. and the same Nicholas and Ann confesse the account and judgment that the plaintiffe should recover against the said Nicholas and Elizabeth W. and Humphery the debt and damages to 10 s. de bonis testatoris levand and the said Micholas and Eliz. in mercy c. and the damages remitted A Sci. fac was brought against the Executors upon this judgment as followeth H 13. H. 7. Rot. 309. Mordant Devon ss R. U. brought his scire fac upon the judgment next above against the said executors to have execution upon the said judgment retorned Cr. Trin. the sheriff retorneth Scire Feci to Humphery Mounck one of the executors who commeth Sci fac upon the judgment abovesaid c. And nothing against the other two Executors which came not and the said Humphery pleaded ne unq Execut. The Plaintiff saith that he ought not to be barred from having his execution aforesaid upon the judgment aforesaid and notwithstanding the said plea of the said Humphery above
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
plea aforesaid and they being solmnly called came not and the sheriff of Cornwell to wit C. T. Esquire now retorneth that he by vertue of the writ aforesaid to him directed such a day and yeare Tertenant returned of a Messuage and thirty acres of land by W. N. and H. F. honest c. made known to R. D. Tenant of one messuage and 30. acres of land with the appurtenances in T. C. now or late in the tenure of I. C and L M which were of I C in Fee simple at the time of the judgment given and afterwards that he should be here at this day to shew in Form aforesaid c. Therefore it is considered that the said Hugh have his execution against the said R. D. Tenant of the debt and damages aforesaid to be levied Judgment of the said Massuage and 30 acres of Land with the appurtenances Execution by default for the debt and damages aforesaid to be levied of the lands and tenements aforesaid Elegit of the moyety awarded of the lands for default of the said R. and hereupon the said H chose to be delivered to him the moyety of the said messuage and 30. acres of land with the appurtenances according to the Form of the Statute thereof made and provided until the debt and damages aforesaid be thereof levyed and prayeth a writ of the said Lady the Queen thereof to be directed to the said sheriff of the County of Cornwall and it is granted him retornable here tres Trin. And in as much c. Brownlow H 43. Eliz Rot. 157. Suff. ff Scire fac For Seaman against the Ter-tenants of T. L Re. in Cr. Trini 41. Eliz. upon a Recognizance for 60 l. 33 s. 4 d. for damages For P L retorned ter-tenant of divers lands c. saith that the said T L before the said judgment 10. of August 35. Eliz enfeoffed I. and T Brown to the use of the said Tho. and his heires males and that he was seised in Spec. Fee-tayle at the time of the judgment given and that he 11. Sept 41 dyed seised in taile And that the Lands descended to the said P as Son and heir and that he entred and was seised in Spec. Taile judgment if execution c the Plaintiff saith that T was seised in fee simple Entry of a Sci fac upon a bail to make deliverance after gage deliverance of Cattell in Court against the Manucaptors because the Conusor had not made deliverance 1 H 7 11. 21 E 3. Bâ— Pledges 9. 18. at the time of the judgment given and traverseth the Feoffment modo et forma HAs 33. Eliz. Rot. 2045. ss It is commanded the sheriff whereas G. G. of c R S. of c. in the Court of the Lady the Queen here to wit in the Term of St. Hillary An. c. 82 Before E.A. Knight c. of the bench here to wit at Westminster aforesaid had undertaken and both of them did undertake for S G that the same S should make deliverance return of 6. Cows to E C before the Feast of the Appostle P. I then next following under the penalty of both of them 40 l. which said 40 l. the same G S acknowledged and each of them acknowledgeth to be made of their Lands and Chattles and to belevied to the use of the said T. E. if the said S. G should not make deliverance of the Chattles aforesaid to the same T. according to the Form and effect of the recognizance aforesaid And the same S heitherto hath not made deliverance of the Chattles aforesaid to the said E. according to the Form of the recognizance aforesaid as by the information of the said T. the Queen understandeth And because c. that by honest c. he make knowne to the said G. and S. that they should be here at this day to wit tali di to shew if any thing c. to wit the said G. wherefore he the said 40 l by him in Form aforesaid acknowledged of his lands and chattles And the same S. wherefore the said 40 l. by him in Form aforesaid acknowledged of his Lands and chattles and either of them ought not to be made and rendred to the same T. according to the form of the recognizance aforesaid if c. At which day here came aswell the same T. by F. E. his attorny as the same G. and S. in their proper persons and hereupon the same T. prayeth execution against the same G. of the said 40 l. by him in Forme aforsaid acknowledged c. and against the said S. for the said 40 l. by him in Form aforesaid acknowledged Test Nichil dic to be adjudged by him c. And the said G. and S. reserving to themselvs all and all manner c. Pet. tit entry of a Nihil dic hereupon Mich 34. Eli. Rot. 1813. Entry of a Sci fac upon a recognizance taken to make deliverance upon a gage deliverance against Manucapt because the Conusor had not made deliverance ss HIll 18. Eliz. Rot. 405. ss It is commanded the sheriff whereas H. N. late c. and G. H. of c. lately in the Court of the Queen here to wit in Trinity term An. 17. c. before I. D. Knight and his associates Justices of the Lady the Queen here of the common Bench and undertook for W. C. that the said W. should make deliverance and retorn of ten Oxon or of the value of them to T. H. upon the tenth day of June then next following within the Church yard of the parish Church of S. in the county of S. under the penalty of 200 l. which said 200 l. the said H. and G. acknowledged to be made of their lands and Chattles and to be Levied to the use of the same T. and D. the said W. made not deliverance of the Cattle aforesaid nor of the value of them according to the Form of the racognizance aforesaid as by the information of the said T and D the Qu. understandeth T 9 Jac rot 3 510. and because c. that by honest c. he make knowne to the said H. and G. that they should be here at this day to wit in Oct. S. Hill to shew if c. wherefore the same T. and D. ought not to have execution against them of the said 200 l. according to the Form of the recognizance aforesaid Sci. fac in a writ De droit de gard Sci facâ— upon judgment in debt and detinue if c. And now here at this day came aswell the said T. D by their attornies aforesaid as the same H and G. by F. their attorney And the sheriff now retorneth that they have nothing c. nor are found c And hereupon the said T. and D. pray execution against the same H. and G. of the said 200 l. to be adjudged them c. H 10. H. 6. Rot. 141. Scire Fac Upon a
of March An. Regis nunc 21. held made to be assessed to be paid Notwithstanding the said Thomas the statute aforesaid not regarding more money of the towne of C aforesaid then unto which it was assessed against the manner and form of assessement made upon it caused to be leived in contempt of the Lord the King now and against the forme of the statute aforesaid that he should make known to the said T. that be should be here at this day to wit in 15 Hillarii to answer as well for the said Lord the King as for himselfe followeth in this behalfe wherefore twenty pounds to the said Lord the King and ten pounds to the said John he ought not to be satisfied according to the forme of the statute aforesaid And now here at this day came as well the said John by R. H. his Attorney as the said T. by T.G. his Attorney and the sheriff now returneth That hee made knowne to the said Thomas of being here at this day c. to answer in Forme aforesaid c. by W. R. I. R. and I D. honest c. And hereupon day is given to the said I. B. as to the said T.S. here untill 15 Pasch in State as now reserving to the said parties their pleas exceptions and advantages to the Writ aforesaid c. Abridge in Poulton title de Parliament 12. H 27. H. 6. rot 240. In Trespasse the Defendant justifies for Knights expences Et tre de summ and another summons directed to the Sheriff to assesse the Knights expences the plaintiff saith that the Vill is parcell of the Barony c. and discharged from payment and issue thereupon T 21. H. 6. rot 117. A Writ of Attachment to the sheriff of S out of the Parliament to hear their Bill in the same Parliament M 9 H. 5. rot 579. Speciall bastardâ— pleaded in bar to a Sci fac to have execution upon a fiâ—e ss And the said Richard Holt as to the Mannor of D with the Appurtenances and the said Advowson of the same Church of S saith that the said Hugh ought not to have Execution against him thereof because he saith that the said Joan which the sayd Hugh supposeth to be his Mother whilst shee was sole was not married to any man long before the same Joan was married was notably great with child at D in the County aforesaid by one W.L. of the said Hugh by the said W of the said John begotten he the same W then also being sole and not married to any woman and long afterwards that the sayd I was so notoriously great with childe and continually sole and not being married to any man Elopement and with the same W.L. there continually abiding took to husband one T. M. at D. aforesaid from which Thomas the said Hugh took to him his kindred and afterwards Matrimony and Espousalls between the same T. M. and Ioan at D aforesaid were celebrated the same Ioan incontinently departed thence from the said Thomas her husband and enlarged her self from the said Thomas unto the house of the said William in the said Town of D. and with the said W L. there continually the whole life time of the said Ioan was commorant and continued in adultery with the said William After which Matrimony and Espousalls so celebrated the sayd H at D aforesaid was borne without this that the said I was ever married to any other man but only to the said T. M. and all and every of these things the said R. H. is ready to verifie whereupon it shall not be intended that the sayd Hugh as son and heir of the said Ioan ought to have Execution against him of the Mannor aforesaid with the Appurteuances and of the Advowson of the Church of S. in this behalfe c. And as to the residue of the Tenements aforesaid with the Appurtenances and the sayd Advowson of the said church of F. in the Fine aforesaid contained the said R. Holt prayeth licence thereof to imparle here untill in 8. Hill and hath it c. by the consent of the said Hugh the same day is given to the said Hugh here c. ANd the same Hugh not knowing any thing by the same R Holte above alledged Demurrer in Law besides the said Matrimony and Espousalls between the said T. M. and Ioane celebrated whereby the Remainder of the said Mannor of D with the Appurtenances and the Advowson of the Church of S to the said Ioan and the heires males of her body coming by the fine aforesayd was intailed and the same H as Son and heir of the said I sufficiently demandeth Execution thereof by vertue of a fine aforesaid and the said R Holte doth not contradict it but the sayd Hugh is son and heir of the said I and as to the matter by the said R. H. above alleadged the same Hugh hath no need nor by the Law of the Land is held to answer prayeth judgement and Execution thereof for Defect of sufficient answer to him to be adjudged c. Joynder ANd the said R Holte as to the said Mannor of D with the Appurtenances and the Advowson of the Church of S. wherein the said H. doth not gainsay the sayd matter by the said Richard above aleadged which sayd matter is sufficient in Law to exclude the sayd H from having his Execution thereof by vertue of the Fine aforesaid which sayd matter the sayd Richard is ready to verifie prayeth judgement and that the said H may be barred from having his Execution therein and because the Justices c. untill 8 Hillary c. And to another parcell thereof the Defendant saith Non Tenure And to the whole residue pleads in Barr as before and a Demurrer in Law thereupon and continued untill 15 Pasch At which day here came as well the said Hugh by his Attorney aforesaid as the said Richard Holt in his proper person and hereupon the plea aforesaid being heard and understood it seemeth to the court here that the said Hugh Marchon ought to have Execution of the said Mannor of D. and Tenements with the Appurtenances and of the Advowson of the Church of S whereof the parties aforesaid have pleaded to judgement by vertue of the Fine aforesaid notwithstanding any matter for the said Richard Holt before alleadged Therefore it is considered that the same Hugh have Execution against the said Richard Holte of the said Mannor of D and Tenements with the Appurtenances Judgment for the demandant and of the same Advowson of S. c. T 31. H. 6. Execution awarded at the Assizes upon issue in a Sci. fa. upon a fine before the day in the Bench. Ayde of the King rot 315 ss An Entry of a scire facias upon a Fine for W. L. Knight against I H. of the Mannor of H. with the Appurtenances neer R at the Nisi prius at Bitingford verdict for the plaintiff before Io. Prisot Knight then Justice of the
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
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
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
Judgment was given and in that case the Defen after Tryall and a speciall verdict given compounded with the plaintiff by the advise of I. P. Knight cheif Justice of England M 39. and 40. Eliz Rot. 110. ss Otherwise as it appeareth c. as in the Scire Facias and award the Alias Scire Facias Bar upon an Alias Sci fac upon a recognizance of priviledge where one makes default and the other pleads in bar payment of the condemnation at the perill of the Principall against him before the Teste of the first Scire facias Execution awarded against one of the Conuzers by default c. and now here at this day to wit at the said Tres Tri. came aswell the said I. by his Attorney aforesaid As the said S. by I E. his attorney And the said H. the fourth day of the Plea came not but made default And the sheriff as before now returneth that the said H. hath nothing nor is Found c. And hereupon the said I. prayeth execution against the said H. of the said 50 l. by him in Form aforesaid acknowledged to him to be adjudged c. Therefore it is considered that the said I. have execution against the said H. for the said 50 l. by him in Form aforesaid acknowledged by default c. And further the said I. prayeth execution against the said S. of the said 50 l by him in Form aforesaid acknowledged to him to be adjudged c. And the said I. prayeth license thereof to imparl here untill Oct. Mich. And hath it c the same day is given to the said I. here c and now here at this day to wit at the said Oct. S. Mich. came here aswell the same I. as the said S. by their attornies aforesaid And hereupon the same I. as before prayeth execution against the said S. of the said 50 l. by him in Form aforesaid acknowledged to be adjudged him c ANd the said S. saith that the said I ought not to have execution a-against him for the said 50 l. in the Form aforesaid acknowledged Bar that the principall after the recovery and before the Teste of the Sci fac paid to the Conuzee the debt and damages recovered because he saith that the said E after the judgment aforesaid given And before the day of the purchasing of the said first Writ of Scire Facias to wit T. Die and An. paid to the said I the debt damages aforesaid by him against the said E in form aforesaid recovered according to the form and effect of the Recognizance aforesaid And this he is ready to verifie where upon he prayeth Judgment if the same I. ought to have execution against him for the said 50 l. by him in Form aforesaid acknowledged c. Replication that the principall non solint and issue thereupon ANd the said I. saith that he by any thing before alleaged ought not to be repelled from having his execution aforesaid of the said 50 l. against the said S. by him in Form aforesaid acknowledged because he saith that the said E. after the judgment aforesaid given and before the day of purchasing of the said first writ of Scire Facias hath not paid to the same I. the debt and damages aforesaid by the same I. against the said E. in Form aforesaid recovered according to the Form of the Recognizance aforesaid As the said S. hath above allowed and this he prayeth may bee inquired of by the Country And the said S. likewise Therefore 12. c. Entry of a Sci. fac against the Ter-tenants upon a judgment in debt after the death of the Obliger and the judgment by default Recitall of the recovery PAs 38. Eliz Rot. 1854. ss Otherwise as it appeareth in the Term of S. Hillary An. 38 Eliz. Reg. Rot. 511. It is thus contained Midd. ss It is commanded the sheriff whereas H. S. Esquire lately in the court of the Lady the Queen now to wit in the Term of St. Michael An. regni sui 30. and 31. before E A. Knight and his associates of the said Lady the Queen of the Bench here at Westminster by the consideration of the same Court had recovered against I. C late of London Esquire aswell a certaine debt of 19 l. as 7 l. which c. whereof he is convicted as by the record and proceedings in the court of the Queen here remaining manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And the said I. C is dead and dyed seised of divers Lands and Tenements in his Demesne as of Fee as by the information of the said H. the Queen understandeth and because c. that by honest c. he should make known to the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given ter- Suggestion of the death of the Defendant and averment that he died seised of divers lands c. Sci. fac to the ter-Ter-tenants or at any time afterwards That they should be here at this day to wit in Oct. Pur. St. Mariae to shew if any thing c. wherefore the said H. ought to have execution against them of the debt and damages aforesaid of the lands and Tenements afore said according to the Form of the recovery aforesaid and now here at this day came the same H. by F B. his attorney and offered himself the 4th day against the said Tenants of the Lands and Tenements which were of the said I. at the time oft he judgment aforesaid given or at anytime afterwards in the plea aforesa d and they being solemnly called came not and the sheriff now retorneth that there are no lands nor Tenements in his Bayliwick which were of the said I. at the time of the judgment aforesaid given The Sheriff returneth quod milli sunt Tenements A Testat sci fac prayed Corn Testat sci fac awarded to the Ter-tennants in a foraign County or any time afterwards and here upon it is testified in the same court of the Queen here that there are divers lands and Tenements in the county of C. which were of the said I. at the time of the judgment aforesaid given and afterwards whereof he might make and levy the debt and damages aforesaid and prayeth a writ of the Lady the Queen to be directed to the sheriff of Cornwall to premonish the tenants of the lands and Tenements which were of the said I. in Oct. S. Mich. An. 30. and 31. abovesaid which day judgment was thereupon given or at any time afterwards in his Bayliwick that they be here 15. Pas to shew c. And now here at this day to wit the said 15 Pas came the same H. by his attorney aforesaid and offered himself the 4th day against the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given or at any time afterwards in the
Sci. fac awarded ret Oct. Pur. Defendants appeare non sunt inven c. and hereupon the same T and M his wife bring here in court the letters Testamentary of the said Io. Wright by which it appeareth to the Court here the same Margaret to be executrix of the testament aforesaid The Plaintiff shewes Letters of administration of the will Averment that the defendant died intestate and thereof to have the Administration c. and the same Tho. and M his wife further say that the same W D after the judgm aforesaid given at L. in the parish c. died intestat And that the administration of all the goods and Chattels which were of the said W D at the time of his death by Io. by Divine providence c. after the death of the said W to Margaret now wife of the said W D. while she was sole at London in the parish and ward aforesaid was committed which said Margaret after the judgment aforesaid given at London in the parish and ward aforesaid took to husband the same W D And pray execution against the said W D and Margaret his wife of the debt and Damages aforesaid See the new Book of Entries f 623. Pl 9. tiel Sci fac respectuat judicium Quere of the goods and Chattells which were of said W Dowgle at the time of his Death in the hands of the said W Death and M his wife being to belevied to them to be adjudged c. Null Judgm quaere if the executor at his ful age shall have such a Scire fac upon a Recover by the administrator during the minority of the executor or not Tri. 9 Jac Rot 1619. and afterwards satisfaction was acknowledged upon this entrey without any judgment Mich. 44. and 45. E. Rot. 2816 Sci fac against Tertenant Scire fac in debt to the lands tenements of the lands tenements c. according to the form of the Recovery aforesaid if c. And now here at this day came the said A. by I. H. his attorney and offered himselfe the 4th day against the said Tenants of the Lands and tenements aforesaid in the plea aforesaid And they being solemnly called came not Nul Tertenant returned and the sheriff now retorneth that there is no tenant of any lands or Tenements which were of the said I. at the time of the judgment aforesaid given or at any times afterwards in his Bailiwick whereby he might make knowne to him whereas it is testified in the said Court of the said Queen here that there are divers Tenants of Lands and Tenements in the County of Norff. which were of the said I. at the said time of the judgment aforesaid given and afterwards whereof they could make and levey the debt and damages aforesaid Averment that there are divers Tenants in another County A Testat Sci. fac awarded after non-suits returned Therefore it is commanded to the said Sheriff of Norff. that by honest c. be make knowne to the tenants of the lands and tenements which were of the said I at the time of the judgment aforesaid given or at any time afterwards that he be here in Oct. S. Hill to shew in form aforesaid if c Al. Sci. fac against the Administrator upon judgement against the Intestate T 22 Jac. rot 629 the same Al. Sci. fac awarded M 44 and 45 Eliz. rot 3118. Brownlow ss Otherwise as it appeareth c. And now here at this day came the said R. N. by I his Attorney and offered himself the fourth day against the said G. in the plea aforesaid and he being solemnly called came not and the Sheriff now returneth That the said G hath nothing c. nor is found c. therefore as before the Sheriff is commanded that by honest c. he make known to the said G that he should be here in Cr. Animarum to shew in Forme aforesaid if c. At which day here came the said I by his Attorney aforesaid and the same G the fourth day of the plea being solemnly called came not and the sheriff as before now returneth that the said G hath nothing c. nor is found c. And hereupon the sayd R. I. saith That the said Defendant dyed intestate c. and that the administration of the goods and chattels which were of the said Intestate at the time of his death The plaintiff saith that the Administration was committed to the Defendant against whom the Sci. fac issueth by Iohn by divine Providence Arch Bishop of Canterbury c. such a day and year at London in the parish c. after the death of the said intestate to the said G was committed and prayeth Execution against the said G. of the Debt and Damages aforesaid in form aforesaid to him to be adjudged c. Therefore it is considered That the said I have Execution against the said O of the Debt and damages aforesaid of the goods and chattells which were of the said R. H. at the time of his death being in the hands of the said O to be administred to be levied if he have so much in his hands to be administred by default of the said O. c. Trin. 13. Jac. rot 526. Brownlow into H. and H. Entry of a Sci. fac with cas testat thereupon awarded T 12 Jac. rot 2524. Brownlow ss Civitas Exon C P. against B. E. in a Scire facias c. Re. Cr. Trin. By Default c. And hereupon the said C prayeth a writ of the said Lord the King to be directed to the Sheriffs of the City of Exon to take the same R if c. to satisfie the said C of the Debt and Damages aforesaid c. And it is granted to him returnable here Tres Trin. At which day here came the same C in his proper person and the Sheriff now returneth That the said R is not found Reurn of the Cap. Testat awarded Devon c. and hereupon it is testified in the same Court here that the same Richard doth lye hid wander c. run from plac to place in the County of Devon Therefore it is commanded to the sayd sheriff of Devon that he take him if c. and safely keep c. so that he should have his body here in Cro. Animarum to satisfie the said Christopher of the debt and damages aforesaid c. Entry of an al. Sci. fac upon judgement had against the principall upon an arrest upon an originall in debt sued out in the Common Bench and a capias thereupon in another Terme wherein the first Sci. fac was returnable in a former Terme T. 20. Jac. rot 3186. Note that the first writ of Sci. fac in this case ought to issue from hence out of the Philizers office returnable in the Prothonotaryes office T 13 Jac rot 2621. Brownlow Otherwise as it appeareth in Easter Terme Anno 13 Regis nunc Rotulo It
is thus contained Middlesex ss It was commanded the Sheriff whereas I L of the parish of Saint Bridget London Felt-maker R A of c. in the County of Surrey Felt-maker and W D in the parish of Saint Olave Southwark in the County of Surrey Felt-maker lately in the Court of the Lord the King now The condition of the Recognizance to wit in the Term of Saint M. Anno Regis Franc. Hiberniae c. 12. Scotiae 48. before Henry Hobart Knight and Baronet and his Associates then Justices c here to wit at Westminster did acknowledge and every of them doth acknowledge himself to owe to P. S. widow foure hundred pounds of lawfull mony of England which said summ of foure hundred pounds the same J. R. and W. for themselves and their heires Recovery against the principall would and granted and every of them willeth and granteth to be levied of their Lands and chattells and of every of them to be made and levied to the use and behoof of the said P under condition that if it should happen for the same Petro Nello against the said J. S late of London Felt-maker otherwise called c. in the same Court of Common Bench of the Lord the King here in a certain plea of debt upon demand of two hundred pounds by the same P against the same J. S in the same Court of the King here prosecuted to be given then the said J. S. shall satisfie the said Debt of two hundred pounds and also all damages by occasion of detaining of that debt against the same I. S. in the same Court of the King here to be recovered or adjudged or should render his body in Execution upon the same judgment in the Court of the Lord the King here And although the said P afterwards to wit in Hillary Terme Anno Regis nunc 12. Sup. in the same Court of the King here before the same Henry Hobart Knight and his Associates Breach of the condition that the principall had not paid the debt and damages nor rendred his body c. then Justices of the said Lord the King of Common Bench here to wit at Westminster by the consideration of the same Court recovered against the same I. S. as well the said Debt of two hundred pounds as fifty three shillings four pence which to the same P in the said Court of the King here were adjudged for his damages which he had by occasion of the detaining 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 W aforesaid remaining manifestly appeareth Neverthelesse the said I. S. the debt and damages aforesaid to the said P hath not yet paid nor rendred his body in execution upon the judgment aforesaid in the Court of the King here according to the Forme of the Recovery aforesaid as by the information of the said P is made known to the King And because c. that by honest c. he should make knowne to the said I. L. R. and W. that they should be here at this day to wit Quin. Pas to shew if any thing c. to wit the said I. L. wherefore the said 400 l. by him in Form aforesaid acknowledged ought not to be made of his lands and chattells and the said Richard wherefore the said four hundred pounds by him in Forme aforesayd acknowledged ought not c. And the said Walter wherefore the sayd four hundred pounds by him in Forme aforesaid acknowledged c. and rendred to the same Petronell according to the Forme of the Recovery aforesaid Nihil returned upon the first Sci fac Alias Sci fac awarded T 19 Jac Rot Such a forme of entry of an alias Sci fac where the first Sci fac was returnable in another term Returned as before Judgment seve ally against the Manucaptors by default c. Entry of an alia Sci fac where the fi st Sci fac was returnable the same term T 19 Jac Rot 2089. See the form in another term and now here at this day came the same P by G.B. her Attorney and offered her selfe the fourth day against the same I. L. R. and W. in the plea aforesaid and they came not and the sheriff now returneth that they have nothing c. nor are found c Therefore as before it is commanded the sheriff that he make knowne to the said I.L.R. and W. that they should be here in Cr. Trin to shew in Forme aforesaid c. And now here at this day to wit to the said Cr. Tri. came the same P. by her Attorney aforesaid and offered her selfe the 4th day against the said I. L. R and W. of the plea aforesaid And the sheriff as before now returneth that they have nothing c. neither are found c. Therefore it is considered that the said P have execution against the said I. L. for the said 400 l. by him in Form aforesaid acknowledged and against the said R A of the said 400 l. by him in form aforesaid acknowledged and against the said VV D of the said 400. pounds by him in Form aforesaid acknowledged by default c. T 19. Jacobi Rotulo 4840. Brownlow ss Middelsex ss entry of Scire fac against Manucaptors upon a Bayle re Cr. Trin. And now here at this day to wit at the same Cr. Trin came the same Plaintiff by his attorney aforesaid and offered himself the 4. th day against the said Defendant in plea aforesaid And he solemnly called came not And the Sheriff retorned a Nihil Therefore as before it is commanded the sheriff that by honest c. he make known to the said defendant that he be here Tres Tri. to shew in forme aforesaid c. And now here at this day to wit at the same Tres Tri. came the said plaintiff by his attorney aforesaid and the said Defendant the 4th day of the plea being solemnly called came not and the sheriff as before retorneth nichil habet c. Therefore it is considered c. as in others Entry of a Sci fac upon a recovery in dower for value of the damages against the Ter-tenant Recitall of the judgment ss M 44. and 45. Eliz. Rot. 405. Otherwise as it appeareth in the Term of S. Michael An. Eliz. 44 and 45 Rot. 743. It is thus contayned Norff. ss It was commanded the sheriff whereas W G and M. his wife who was the wife of R. B. lately in the court of the Lady the Queen now to wit in Easter Term An. Regni 43. before E. A. Knight and his associates then Justices of the said Lady the Queen of the bench here to wit at Westminster by the consideration of the same Court had recovered against T. B. 45 l. 10 s. which to the same W. and M. in the said court of the Lady the Qu. here were adjudged aswell for the value
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
with the appurtenances according to the Extent aforesaid to the said Edward should be delivered and c. And hereupon the sheriff is commanded that he remove the same Hum. from the possession of the mannor and Tenements aforesaid with the appurtenances and the moyety of the same Mannor and Tenements aforesaid with the appurtenances according to the Extent aforesaid without delay he should cause to be delivered And in asmuch c. the sheriff make to appeare here 15. Hill at which day here came the said Edward by his Attorney aforesaid and the sheriff of the said County of Stafford to wit R. M. Esquire now returneth that he by vertue of the writ aforesaid to him directed the 20 day of January An. c. 10. came to the mannor and Tenements aforesaid with the appurtenances And the same Humphery P from the possession of the Mannor and Tenements aforesaid with the appurtenances removed And the moyety of the same mannor and Tenements aforesaid with the appurtenances to wit one Close called the Mills of the yearly in all issues besides reprises 8 l. and so recite such premisses as are expressed in the Writ by the first Inquisition unto beyond reprizes 4 l. being the equall and just moyety of the whole Mannor and of all the Tenements aforesaid with the appurtenances to the same Edward B. made to be delivered according to the extent aforesaid in the Inquisition aforesaid above made as by the said Writ it was commanded to him c. Entry of a Sci. fac against the Conusee in a statute merch brought by the conusor to have back the possession of lands extended for that he is satisfied M. 47. E. 3. fo 11 Pl. 9. fit Sci. fac 96. T. 17. E. 3. fo 43. Pl. 38. T 19 Jac. rot 2159. Brownlow London ss It was commanded the sheriffs that they should take the body of Thomas Leake of L. in the County of Nottingham Gent. if he were a Lay-man and in the prison of the Lord the King under their custody should safely keep untill unto G. Woodnot of S in the same County Gent. of four hundred pounds which the same Thomas the thirtieth day of October Anno Regni c. 4. before I. R. then Mayor of the City of Lincolne and Leonard Carr Clark deputed to take the Recognizance of Debts within the City acknowledged himselfe to owe to the said George and which to him at the Feast c. then next following he ought to have paid and the same to him hitherto he hath not payd as it is said and insomuch as shall be executed of that precept of the Lord the King they should make knowne to the Justices of the said Lord the King at Westminster in Cr. S Trinitatis An. Rs. c. 18 And the same sheriff to the Justices of the Lord the King at Westminster at that day retorned H. 17. Jac. rot 293 â— L. a. R. and F. the like Scire fac upon a promise that the conusee is satisfied pro fluxum temporis That the said Thomas was not found in their bayliwick Therefore it was commanded to the sheriff of B. that all the goods and Chattles of the same Thomas and all his Lands and Tenements whereof the same Thomas at the day of the acknowledgment of the debt aforesaid or at any time afterwards was seised unto those hands soever they have came unlesse they descend to some heir being within age by hereditary descent you cause to be delivered to the said George by resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattels And to hold the Lands and Tenements aforesaid as his Free Tenements to him and his assignes according to the Forme of the statute thereof provided untill the Debt aforesaid together with reasonable Damages costs charges as in labours suits delayes and expences he had therein levied T 39 Eliz rot 1711. the Defendant after judgment and before execution makes a Feoffment in fee to I S who enfensss J N and then the lands are extended the second Feoffee bring the moneys into the Court and prayeth restitution the Plaintiff warned comes and receives the money and restitution was awarded and in asmuch as the said sheriff had executed the said precept of the said Lord the King he should make appeare to the Justices of the said Lord the King at Westm from the day of the holy Trinity in three weeks An. R. c. 18. At which day Humphery Foster Baronet sheriff of the County of Berke then returned to the justices of the Lord the said King at Westm a certaine Inquisition before him at Winsor in the County aforesaid the first day of Iuly then last past taken by which it was then found that the said Thomas after the Recognizance of the Debt aforesaid and at the time of taking of that Inquisition was seised in his Demesn as of Fee and right of and in the Mannor of W. otherwise E. W. and also of the Scite and Mansion house of the same mannor of W. otherwise E. W. And so recite the whole Inquisition verbatim unto the issues besides reprises of 50 l. which said mannor and Scite and of the mannor aforesaid with all their appurtenances the sheriff aforesaid the first day of July delivered by the extent aforesaid to the said George to hold to him and his assignes as his Free Tenement untill the Debt aforesaid together with the reasonable and necessary Damages costs and charges should be levyed thereof as by the same writ and returne thereof in the same Court of the Lord the King here of Record remayning manifestly appeareth And although after the taking of the Inquisition aforesaid the said George was satisfied of his Debt Damages costs necessary and resonable charges Neverthelesse the same G. possession of the Mannor Tenements aforesaid with the appurtenances yet holdeth as by the information of the said Th. the King understandeth The Lord the King willing to do in this behalfe what is just and consonant to reason doth command the sheriffs of London that by honest and lawfull men of their bayliwick they should make knowne to the said George W. that he should be here at Westminster in Crastino S. Trinitatis to shew if any thing c. Testat Sci Fac awarded wherefore the same George whereas to him of his Debt Damages Costs and resonable and necessary charges it hath been satisfied possession of the mannor and Tenements aforesaid with the appurtenances he ought or can hold At which day the sheriff returne to the Justices of the Lord the King here that the said G. hath nothing in their bayliwick whereby they could make knowne to him neither was found in the same whereas it was Testified in the same Court of of the Lord the King here that he hath sufficient in the County of Nott. whereby the same sheriff can make knowne to him whereupon it was commanded to the
which day the Defendant pleads no award made generally The plaintiff pleads an award and sets forth a breach Causes of demuâ—rer that the Defendant at Midsomer 1621. did not pay 14 l. of an Annuall summe of 14 l. by the award yearely to be paid the Defendant demurs for two causes 1. for that the plaintiff hath not set forth any sufficient breach of the award 2 for that the award for payment of the said 14 l is void Joinder in Demurrer Entry of a writ of Testat Sci fac against Ter tenants who appear upon the Sheriffs return and say that there is another Tertenant in an other County non praenuncit and pray that they may not answer to the wâ—it of Sci fac brought against them usque alius pâ—aemuniatur T 20. Jac. R. Rot. 3047. Brownlow Otherwise as it appeareth Mich. 19. Jac. Rot. 939. It is thus contayned otherwise as it appeareth M. 19. Rot. 1637. It is contayned thus London ss It was commanded the sheriffs whereas V. Norrington latly in the Court of the Lady Elizabeth late Queen of England to wit in Mich. Term An Regni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Towne of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Vin in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detayning of that Debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at Westminster remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And aswell the said Earl as the said Vincent are dead As by the information of I. A. and Sarah his wife administratrix of the â—â—â—ds and Chattells which were of the said Vincent by Joan Norrington â—â—te Executrix of the Testament of the said Vincent not administred the King understandeth and because c. that by honest c. They should make knowne to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queene 35. which day the judgment aforesaid was given or at any time afterwards that they should be here at this day to wit tres Trin. to shew if any thing c. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendred to the same Iohn and Sarah according to the Form of the recovery aforesaid if c. And now here at this day came the same Iohn and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea aforesaid And they being solemnly called came not and the sheriff to wit R D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earle at the same time of the judgment aforesaid given Testat Sci fac or any time afterwards in their bayliwick to whom or to which they could make known And hereupon it is testified in the same Court of the said lord the King here that there are divers Tenants of lands and Tenements which were of the said Earle at the time of the judgment aforesaid given and afterwards in the County of North. to whom he may make knowne Therefore it is commanded the sheriff of North. that by honest c. that hee make known to the Tenants of the lands and Tenements which were of the said Earle at the time of the judgment aforesaid given or at any time afterwards in his bayliwick that they be here in 8. S. Mich. to shew in Form aforesaid if c. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid as Iohn Earle of Bridgwater and Francis his wife premonished c. by William Cragg their attorney and the sheriff of the said County of North. to wit Lodowich Pemberton Knight now retorneth that he by vertue of the Writ aforesaid to him directed by William Smith and Thomas Allen honest c. made knowne to the said Iohn Earle of Bridgwater and Francis Tenants of 2. Messu 1. Cottage 100. acres of land 20. acres of Meadow and 100. acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. Tertenants of divers lands returned of the lands and Tenements which were of the said Fardinand Earle of Darb. of which the said Earle was seised in the Cr. Anim. An. 30 abovesaid of being here at the same Oct. S. Mich. to shew in Forme aforesaid c. And that there are no other or more Tenants of any lands or Tenements which were of the said Earle at the said Cr. Anim. or any time afterwards in his bayliwick to whom he can make knowne And hereupon the same Iohn Awbery and Sarah say that the administration of all the goods and Chattels which were of the said Vincent at the time of his death by the same Joane Norrington not administred by George Arch-Bishop of Canterbury of all England Primate and Metropolitan the 12. day of November An Rs. nunc 12. at London in the parish of S. Mary Bow in the Ward of Cheap after the death of the same Joane to the said Sa. were committed And they bring here in the Court lit Administrator of the said Arch Bpp which the commission of the Administration aforesaid in Form aforesaid testifies c. pray execution against the said Earle of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances in Forme aforesaid to them to be adjudged c. And the Earle of Bridgwater and Francis pray licence therein to imparle here untill 8. S. Hill And have it c. the same day is given to the same Iohn Awbery and Sarah here c which imparlance is continued untill Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth And the same Earle of Bridgwater and Francis say that the same I. A. and Sarah ought not to have execution against them for the debt and Damages aforesaid because they say that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earle and Francis to wit the first day of Iune An. Rs. c 19. one Christopher Earle Esquire was and yet is Tenant as of Fee Tenant of the mannor of S. M. with the appurtenances in S. M. in the county of Dor. and of 20. Messuages 20. Gardens 20. M. 11 Edw. 3. Fitz. brev 266. such plea is adjuâ—ged good Orchards c. with the appurtenances in S. M. aforesaid whereof the same Fardinand late Earle of Darb. in the
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-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.
said Debt and damages aforesaid and because we will that those things which before our Chiefe Justice were rightly acted and known to be duely executed we command you that by honest c you should make knowne to the said A. and W that they be before our justices at Westminster quinq Pas to shew if any thing c. to wit the same A. wherefore the same 160 l. by the same A. in Forme aforesaid acknowledged to be made of his Lands and Chattles and the same W. wherefore the said 80 l. by him in Form aforesaid acknowledged to be made of his lands and Chattles and to the same Richard ought not to be rendred according to the Form of the Recognizance aforesaid if c. And have you there the names c. And this writ c. Test 14. Aprillis An. c. 22. Entry of a Scire fac in an audita qâ—erela M 21. Jac. rot Brownlow ss Whereas wee were â—nformed by the great complaint of S. A. Clerk that whereas one R. B. lately in the Court to wit in Hillary Terme An. c. 19. before our Justices at Westminster had recovered against the same S. aswell a certaine debt of 12 l. as 40 s. which c. whereof he is convicted And although the same S. in execution of the Debt and Damages aforesaid by vertue of a certain Writ of ours of Capias ad satisfaciendum thereof to our sheriff of Lincolne directed by Edward Hussey Knight and Baronet late sheriff of the same County at the suit of the same Richard was taken and imprisoned and by the same sheriff out of the same prison was permitted to goe at larg whither he would and from the execution aforesaid was delivered As by the same S. by waies and meanes convenient is ready to informe Neverthelesse the same Richard for the debt and Damages aforesaid against the same S. upon the recovery aforesaid hath againe now prosecuted and unjustly hath procured the same S. for that occasion againe to be taken and hitherto to be detayned in our Prison unto the immoderate Damage and grievance of the said S whereupon he hath be sought us to adhibit to him a fit remedy And because we will not that the same S. be injured in this behalfe And being willing to doe what is just we commanded our Justices that hearing the complaint of the same S. in this behalfe and calling before them the parties aforesaid and hearing their reasons therein they cause to be done to the same S. full and speedy justice as of right and according to the Law and custom of our Realm of England ought to be done we command you that by honest c you make knowne to the said Richard that he be here c. retornable Oct. Hill Test 30. Oct. An. 21. c. Scot. 47. H 20. Jac. in Mr. Brownlowes remembrance litera B. ss Entry of a Sci fac after a Sci. fac against Ter-Tenants Whereas wee have lately by our writ we have commanded the sheriffs of London that by honest and Lawfull men of their Bayliwick they should make knowne to the Tenants of the lands and Tenements which were of F. C. late of W. c. otherwise called c. in Fee-simple from the day of S. Martin c. An. 42. Eliz. Regin which day E. G. in the Court of the said late Lady the Queen of the Common Bench at Westminster before E. A. c. by the consideration of the same court had recovered against the said F aswell a certaine debt of 24 l. as 6 l. which to the same Edmond in the same Court were adjudged c. whereof he is convicted or at any time afterwards in their bayliwick that they should be before our Justices at Westminster in Oct. Pur. S. Mariae last past to shew if they had or knew any thing for themselves to say wherefore the Debt and Damages aforesaid of the lands and tenements which were of the said F at the time of the judgment aforesaid given or at any time afterwards in the seisin of the same Tenants in your Bayliwick ought not to be made and rendred to the said Edmond according to the Forme of the recovery aforesaid if it shall seeme expedient to them and our sheriffs of London to our said Justices at Westminster at that day retorned that there were not any Tenants of any of the lands or Tenements which were of the said Francis at the time of the judgment aforesaid given or at any time afterwards who had any thing where or by which they could make knowne to them whereupon it was testified in our said Court on the behalfe of the said Edmond that there are divers Tenants of divers lands and Tenements which were of the said F at the time of the judgment aforesaid given in the County of Suff. to whom the same sheriff may make knowne Good president Therefore it was commanded to the same sheriff of Suff. that by honest and lawfull men of his bayliwick he should make knowne to the Tenants of the Lands and Tenements which were of the said F. R. in Fee-simple at the said 15. S. Martin An. 42. abovesaid that they should be before our Justices at Westminster 15. Pas last past to shew if they had or knew any thing for themselves to say wherefore the debt and Damages aforesaid ought not to be made of the Lands and Tenements and rendred to the same E. in Form aforesaid And our said sheriff of Suff. to wit W. H. Esq to our said Justices at Westminster at that day renorned that he by P. K. and L. S. honest and lawfull men of his bayliwick made knowne to certaine F. B. Esq Tenant of the mannor of P. with the appurtenances in W. in the same County of Suff. And to R. L. Gent. Tenant of the rectory of the Church of L. in the County of S. which were of the said F. B. Esq at the time of the judgment aforesaid given of being before our said Justices at Westm at that day to answer in Form aforesaid c. and that there are no other Tenants of the lands and Tenements which were of the said F. B. in his Bayliwick to whom he could make knowne and the same F. B. and R. at the same 15. Pas in our said Court appearing said that the same E. Execution against the said F. B. of the Mannor aforesaid with the appurtenances and against the same Richard of the Rectory aforesaid with the appurtenances ought not to have because they say that before the writ of Scire sac to the sheriff of Suff. directed to wit such a day and yeare one Thomas B Gent. was Tenant as of his Free Tenement of the mannor of E otherwise E. Court with the appurtenances in the County aforesaid of which said mannor with the appurtenances the same Francis Burnall at the same 15. Martin An. 42. abovesaid which day the judgment aforesaid was given was seised in his
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.
Entry of a Scire fac against 1. execut to have execution upon a Sc. fac against 2 executors the sheriff retorneth no goods in the hands of one and a Devastavit against the other ib Entry of a Scire fac and of a generall acquittance pleaded in Barr thereunto ib. Entry of a Scire fac against Coheires who make default and execution awarded pro Portion de hereditate conting 140 Entry of Scire fac against tenants for exempting a fine and demurrer for the non-age of the heire ib. Entry of a Scire fac against a Termor ib Entry of a Scire fac brought by heire of the plaint in partition who after judgment and before partition made dyed ib. Entry of a Scire fac to have execution seisin de novo for that the sheriff in favour of the tenant had not duly made his executions pleas and judgments for the plaintiff upon demurrer 141 Entry of a Scire fac in a Quare impedit the defendant pleads in bar that Pendente Brevi de quare impedit the plaintiff was utlawed and that he resigned c. 135 Entry of a Scire fac against principall baile to prosecute an Audita Querela Entry of a Scire fac where lands are extended by the plaintiff where the sheriff returns that he extended the same lands upon an other writ of Elegit and delivered them c. and that he cannot deliver them to the plaintiff untill the first debt be levied 149 Entry of a Scire fac against a conusee in a statute merchant brought by the Conusor to have back the possession of Lands extended for that he is satisfied 152 Entry of the like Scire facias upon promise that the Conusee is satisfied Per fluxum temporis speciall pleadings ibid. Entry of a Scire facias after a Devastavit returned brought by the Administrators of the Plaintiff after Iudgement upon the Devastavit to have Execution de bonis proprij 150 Entry of a Sci. fac against a sherif for taking of insufficient pledges in Repleg 151 Entry of a Scire facias upon a Recognizance acknowledged before a Judge of the Common Bench in the Country 156 Entry of an Inrollment of a Recognizance with the Term and number roll expressed and a Scire facias thereupon ibid. Entry of a Testat Scire facias against Ter-Tenants upon the Sheriffs returne who say that there is another Ter-Tenant in another County Non praemonuit and pray that they may not answer to the Writ of Scire facias usque alius praemoniatur adjudged a good plea and a Replication c. 146 Entry of a Scire facias against Ter-Tenants of Lands tempore judicii reddit who came not and a Writ of Elegit is awarded c. 161 Entry of a Scire facias ter-Ter-tenants two are returned 1 makes default Execution awarded against him of Lands whereof he is Tenant and the other pleads 162 Entry of diverse Testat Scire facias awarded into severall Counties against the Ter-Tenants ibid. Entry of a Scire facias by the Heire and Executor of the Demandant to have Judgement in an Assise of Niusance Quod nocumentum amoveatur and for Damages after the Record of the Assise is certified into the Vpper Bench plea and judgement by Nil dic ibid. Entry of a Sci. fac for the tenant in a writ of Dower to have execution of the lands to the value of the third part recovered in Dower after Seisin had of the third part demanded 165 Entry of a Scire facias sued out by Administrators upon a judgement had by them as Administrators c. without shewing the Letters of Administration ibid. Entry of a Sci. fac against a Sheriff to render to the Plaintiff so many cattell as were replevied by him by pledges for that the pledges are insufficient 166 Entry of a Writ of Scire facias in debt for the Demandant against a stranger Judgement that the demandant have the third part c. 169 Entry of a Writ of Scire facias upon a judgement in a Writ De anuo redditu to have execution De arreragiis incursis after judgement ibid. Entry of a Scire facias to take Bail where one comes to the bar and pleads matter in bar to an Outlawry 170 Entry of a Scire facias awarded and returned after a Capias upon statute Merchant into the Bench 171 Entry of a Scire facias against Manucaptors 173 Entry of a Scire fac in Audita que resa 174 Entry of a Scire fac after a Scire fac against Ter-tenants with the retorne of the writ 175 In all cases wherein baile is required if the defendant die before a non est inventus retorned upon the Scire fac the baile is discharged ib. Seisin Entry of a writ of Hab. fac fesinam in dower and the returne thereof 177 Summons Entry of a writ of Summons in an attaint executed and awarding of resummons against the defendant 179 Entry of the like writ with the awarding of a Distringas against the grand jury the party and petty Jury ib. Entry of a Summons in a Quare impedit with the essoine and attachment awarded for default ib. Spec entry of a summons in a Quare impedit the Sheriff returns a tarde and another awarded 181 Entry of an alias summons in a quare impedit in severance and an attachment awarded against the defendant ib. Surrender The surrender of a Philizer office 181 The like entry ib. The like entry ib. The like entry ib. Supersedeas Entry of a Supersedeas to a Capias in Withernam quia inconsult emanavit averia elongat retorned 182. Entry of a Supersedeas to an Exegent and pledges de novo 184 Entry of a Supersedeas in the upper Bench to discharge sureties of peace in the Common Bench ib. Entry of a Supersedeas after a fieri fac ne vendi exponas 185. Ventre inspiciendo Entry of a writ de ventre inspiciendo 186 Utlary Entry of non omittas upon a Capias Utlegat 187 Entry of a reversall of an utlary against an intestate prosecuted by an administrator for defect in the returne of the Writ of Exigent 188 Entry of a reversall of an Vtlawry for defect in the Proclamations 189 Entry of a traverse of a Commorance in another County and reversall of the Vtlary Pur non commorance c. 191 Entry of a confession by the Garnisee ibid. Entry of a confession by the Attorney Generall upon a Testimony and reversall of the Vtlawry ibid. Entry of a speciall Writ of Capias utlagat and amerciament of the sheriff for bad attendance upon the Court ibid. Entry of a speciall Amerciament against the Coroners for not certifying of an Vtlawry after a Certiorare to them made ibid. Entry of a reversall of an Vtlawry for insufficient return of the certiorare 193 Entry of a reversall for variance between the record and the writ of Exigent 194 Entry of a reversall for that the cap. whereupon the exigent
issued was after a year and a day without a Sci. fac to revive the judgment ib. Vtlawry reversed for omission of the word quint. in the 50. exactus ib. Reversall for that the day of the fift Exact was before the teste of the Exigent ibid. The like for that the 1 exact was held after the returne of the Exigent ibid. The like for omission of the word Scotiae out of the stile of the writ ibid. The like for default of the Coroners names ib. Vtlawry and waiviar reversed for the same defect 197 Vtlawry reversed for not returning the first Hustings to be held at the common pleas and the other at the pleas of Land ibid Entry of a reversall for not returning the day on which the second County Court was held ib. Reversall for holding two County Courts within one moneth 198 Reversall for returning Utlagat for Waviat ibid. Reversall for omission of the word ante ib. Reversall for omission of the word anno ib. Reversall for omission of the word terre ibid. Reversall for variance between the Originall Writ and the Exigent 199 Reversall for that the Defendant was called the 1. and 2 time before the Teste of the Exigent ib. Entry of a reversall where the fift County was held before the teste of the writ of Allocat ibid. Reversall for omission of the word Mem. ibid. Reversall for omission of the word Tent. Secunda being written without a dash 200 Reversall for that the Capias was not returned 200 Reversall for the word infram for infra nominat 201 Reversall for that the Supersedeas upon the Exigent was entred upon the Record before the defendant was 50 exact ibid. Reversall for the word Civit for Civitat 202 Reversall of an Vtlary against the Intestate by the Administrator by a speciall entry in the same terme wherein the Vtlawry was reversed ibid Another forme of reversall of an Vtlawry against the Intestate by the Administrator 204 Reversall for that there is no such name of Baptisme ibid. Reversall for that in the Margent of the Roll the County of Kent and in the body of the Record the County of Sussex is written 204 Reversall for vitious and defective Returne in Law 205 Reversall for omitting of the second exact between 1. and 3. ibid. Reversall for omitting of the return of the Plur. Cap. in the close of the Writ of Exigent ibid. Entry of a discharge of an imprisonment because the Exigent is not entred upon Record ibid. View ENtry of a Writ of view in Formidon in Discender 207 Entry of a writ of view in a Writ De consuetudinibus Serviciis ibid. Entry of an alias writ where the sheriff returned upon the first Writ that the Demandants would not shew him the Land ibid. Venire facias Entry of a Venire facias against Tenant in Elegit to account c. wherein are speciall pleadings and Judgement by Nil dicit 208 Entry of a Writ of Venire facias directed Custod Palatii Westm to summon a Jury of Attorneyes to enquire of misdemeanors done in the Court of Common Bench 210 Withernam ENtry of pledges de novo after Withernam and awarding of a writ of second deliverance and awarding of a writ Ad deliberand averia 211 Entry of a Testat capias in Withernam where gage-deliverance is prayed of cattell taken in Withernam ibid. The like Entry after Capias in Withernam entred and pledges found if return thereof should be adjudged by the Court 114 FINIS