unjustly detained against security and pledges c. And he being sollemnly exacted came not and he was Plaintiffe c. therefore it is ordered that he and his pledges of prosecuting be in mercy c. And that the aforesaid A. B. go thence without day c. And that he have return of the cattle aforesaid c. Inquire the names of the pledges c. and in what manner c. the Sheriffe make appear here in eight dayes of St. Hillary c. A. Second deliverance Oliver c. greeting if A. B. shall secure you for prosecuteing his plaint and of returning his Cattle which to C. D. in our Court before our Justices at Westminster were adjudged for default of the said A. B. or for the price of them if return thereof shal be adjudged then to the same A. B. his Cattle aforesaid without delay you cause to be delivered and put under security and safe pledges the aforesaid C. D. that he be before our Justices at Westminster in eight dayes of the Purification of the blessed Virgine Mary to answer the aforesaid A. B. of the taking and unjustly detaining of the Cattle aforesaid and have you there the names of the pledges and this writ c. A Non omittas Oliver c. we command you that you omit not for any liberty of the liberty of the Town of that St. Edmunds but you take A. B. late of T. c. if he shall be found c. To answer C. D. of a Plea that he render to him c. s. zz And whereupon your self hath certified to our Justices at Westminster tale die last past that as to the taking the aforesaid A. B. you have commanded E. F. bayliffe of the aforesaid libertie who hath full return of all writs and the execution of them within that liberty to whom the execution of the Writ aforesaid did belong to be done F. insomuch that execution of the said Writ out of the same liberty by you could not be done which said bailiffe to you thereof hath given no answer and have you c. The Entry thereof C.D. by his Attorney offered himself the 4th day against A. B. late of c. of a Plea that he render to him c. s. zz And he came not and the Sheriffe was commanded that he should take him if c. And safely c. so that he might have his body here at this day to wit in eight dayes of St. Michael and the Sheriffe hath certified that he had Commanded E. F. bailiffe of the liberty of Bury of St. Edmonds who hath full return c. And to whom c. who gave him no answer c. therefore the Sheriffe is commanded that he omit not for the liberty aforesaid but he take the aforesaid A. B. if c. And safely c. So that he have his body here in the morrow of all Souls c. A. Distrin Balivum Oliver Lord Protector c. we command you that you distrain our bayliffe of Dour utchie of Lancaster in your County by all his lands c. as in others so that you may have tali die the body of A. B. late of T. in your County yeoman whom by our command lately he took as your self to our Justices at Westminster in the morrow of All-Souls last past hath certified to answer C. D. in a Plea that he render to him x. l. zz as he saith and to heare his judgment for many defaults and have you c. The Entry thereof The Sheriffe was commanded that he should take A. B. late of c. if c. and him safely c. so that he might have his body here at this day to wit in the morrow of All-Souls to answer C. D. in a Plea that he render to him Ten pounds which he oweth him and unjustly detaineth c. and now hereat this day came the aforesaid C. D. by A. B. his Attorney and offered himself the 4th against the aforesaid A. B. of the Plea aforesaid and he came not and the Sheriffe returned that he had commanded I. H. bailiffe of the liberty of our Dutchie of Lanchaster in the County aforesaid who hath return of all Writs and of the execution of them within the liberty aforesaid out of which liberty execution of that writ by him the said Sheriffe could not be done which said bailiffe to the same Sheriffe thus answered that he had taken the body of the aforesaid A. B. whose body here at this day he would have and because the aforesaid bailiffe the body of the aforesaid A. B. here at this day hath not therefore the same bailiffe is in mercy and is amearced by the Justices herein 40 s therefore the Sheriffe is commanded that he distrain the aforesaid bailiffe by all his lands c. and that of the proffits c. so that he have here from the day of St. Martine in 15. dayes the body of the aforesaid A. B. whom c. to answer the aforesaid C. D. of the Plea aforesaid c. misericordia xl.s. A. Grand Cape in Dower upon the Summons Oliver c. to the Sheriffe of Middlesex greeting take into our hand by the view of honest and lawfull men of your County the third part of two messuages two acres of land and Ten acres of meadow with the appurtenances in B. which Nicholas Penny and Alice his wife in our Court before our Justices at Westminster claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against I. K. by our Writ of Dower whereof she hath nothing by the default of the said I. And the day of the takeing you certifie to our Justices at Westminster by your letters sealed and Summon by good Summoners the aforesaid I. that he be before our Justices at Westminster in eight dayes of St. Michael to answer thereunto and to shew wherefore he was not before our Justices at Westminster in the morrow of the holy Trinity last past as he was Summoned and have you there the names of them by whose view you shall make this Summons and this Writ witnesse c. The Entry thereof ss Nicholas Penny and Alice his wife by I. G. their Attorney offered themselves the 4th against I. K. in a Plea of the third part of two messuages twenty acres of land and ten acres of meadow with the appurtenances in B. which the aforesaid Nicholas and Alice in our Court here claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against him by our Writ of Dower whereof she hath nothing c. and he came not and he was Summoned c. therefore let the third part aforesaid with the appurtenances be taken into our hand and a day c. And the aforesaid I. K. be summoned that he be here in eight dayes of St. Michaell c. The Entry of an Alias Grand Cape And the aforesaid I. K. was Summoned that he be here
treble damages Terms ley The next processe after this Writ is Pone and upon the return thereof and filing it with the Filacer he maketh out a distringas and thereupon you may have an amerciament in case the Defendant appear not And then an alias and a plures distringas and further amerciaments as I told you before in other actions Of Inquiry of Damages It is a Writ directed to the Sheriffe whereby the Sheriffe by the Oath of Jurors is to enquire of the costs which are the expences of the suite And damages which contain the hinderance that the Plaintiff or Demandant in a real or personal action hath suffered by means of the wrong done unto him by the Defendant or Tenant Terms ley Of a Scire facias upon a special Bail in the Filacers Office It is a VVrit that issueth out after Judgement had and obtained by the Plaintiffe against the Defendant by a nihil dicit non sum informatus confession of the Action Trial by nisi prius or otherwise And the Plaintiffe having so obtained judgement against the Defendant and perceiving that he is not easily to be arrested and taken in execution or not sufficient to satisfie the same but knoweth the Bayl to be better able than the Plaintiffe may at his choice leave the Defendant and prosecute the Bayl in this manner First Judgement being entred he must sue forth a Capias ad satisfaciendum against the Defendant directed to the Sheriffe of the same County where the Action was first laid and get the same returned by a non est inventus then he must procure a VVrit of Scire facias from the Filacer against the Bayl if the Bayl were taken by the Filacer upon the Capias alias plures habeas Corpus c. issuing out of that Office upon which VVrit if the Sheriffe return a Scire feci then there needs no second VVrit to be made but if he return a nihil then there must a second VVrit of Scire facias which being likewise returned with a nihil then the two VVrits of Scire facias must be taken out upon the remembrance in the Prothonotaries Office with the returns of them and rules thereupon given and filed accordingly with the Custos Brevium and thereupon if the Bayl shew not cause why Judgement should not be had Judgement by default shall be entred against them in the said Prothonotaries Office for the summe in which they became Bayl as aforesaid whereupon the Plaintiffe may take execution out against them either by fieri facias or elegit but not by Capias ad satisfaciendum against their persons And in this case observe that the Plaintiffe may likewise sue and Arrest the Bayl going by way of Original at the Common Law for the summe for which they became Bayl and Arrest their bodies either upon the Capias or plures or sue them to the exigent thereupon and declare upon the said Recognizance using all proceedings therein as in an Action of Debt but in this the Action must be laid in the County of Middlesex onely where the Records do lie and whence the venew out of that respect must rise And if the Bayl cannot be Arrested in the County of Middlesex upon a Capias c. you may return he cannot be found c. and sue forth thereupon a Testatum and by that means Arrest them in any other County where they may be found observing all the proceedings as in an Action of Debt Of a Supersedeas It is a Writ awarded to the Sheriffe commanding him to surcease for to Arrest the party and if he have Arrested him then that he set him at Liberty For that the Defendant hath appeared or found sufficient Bayl for his appearance by the return of the Processe c. See more of this Writ how and for what it may be granted in F. N. B. 591. 593. 594. Of a VVrit of Dower and of a Grand-cape and Petite-cape It is a Writ and it lieth where a man is sole seised during the Coverture between him and his wife of Lands or Tenements in Fee-simple or Fee-tail where by possibility the issue between them may inherit if such a man die his wife shall recover the third part of all the Lands whereof the Husband was sole seised any time during the Coverture Terms-ley it is called Dower or Dowery as a gift because the Law it self doth without any gift of the Husband give it to her The Processe in this Action of Dower are First a Summons between the Teste and return whereof there is 5. returns And if the Tenant neither appear nor nor cast an Essoigne entring a ne recipiatur a grand Cape lies to seize the Lands c. for that for such his default the Tenant shall loose his Land But if he wage his Law of non Summons he shall save his default and then he may plead with the Demandant Note that in the Grand Cape the Tenant shall be summoned to answer to the default and further to the Demandant but in petite Cape he shall be summoned to answer to the default onely and not to the Demandant and it is called a petite Cape because it includes lesse than the other And if the Tenant by the return of the Summons Essoigne the Demandant adjourns 15. dayes longer in such case the Attorney for the Tenant may enter with the Filacer that the Tenant appears and prayes view c. then a Writ of view goes out whereby the Sheriffe is to shew the Tenant the Lands in question which supposeth the Tenant knows not well what Lands it is that the Demandant asketh by the return of which Writ of view the Tenants Attorney takes a Declaration Note that where a default is made after appearance there a petite Cape is to issue forth at the Demandants suite which is made as likewise the grand Cape by the Filacer of the County where the Land lieth Of a Formedon There are three sorts of Formedon viz. in Descender in Remainder and in Reverter The first is where Tenant in the tail enfeoffeth a Stranger or is disseised and dieth the Heir shall have the Writ of Formedon in Descender to recover the Land The second is where one gives Lands in the tail and for default of issue the Remainder to another in the tail and that for default of such issue the Land shall Revert to the Donor if the first Tenant in tail die without issue he in the Remainder shall have a Formedon in Remainder But if the Tenant in the tail die without issue and he in the Remainder also die without issue then the Donor or his Heirs shall have a Formedon in the Reverter Terms ley The processe incident to this action are first a Summons between the Teste and return whereof there is 9. returns and the same Processe which are in Dower after the Summons that is a grand Cape Writ of view and petite Cape the proceedings are much like to that of Dower
Declaration Return irreplevisable shall be awarded to the Avowant then he may make his Avowry to the intent to ground a Writ to enquire of damages or he may hold the beasts as a distresse till he be satisfied And if any Retorno habendo go forth before this Writ this is a Supersedeas to it the Sheriff must not proceed upon it F.N. B. 72. Dyer 41.42 280 59. If the Sheriff upon the Retorno habendo do return that the Cattle were esloigned then a Capias in Withernam shall be awarded to take other Cattle and if the Sheriffe retorn he hath no Cattel then a Capias against the body Of a Capias in Withernam It is a Writ lying where he that destraineth or the Owner of the Cattle after the distresse taken doth esloign them or carry them out of the County or holdeth keepeth them in some Castle so that the Sheriffe cannot make a Replevine or Retorno habendo as occasion is then the Sheriff by this Writ may take so much of the other goods or Cattle of the party that hath done this instead of them And if they be in a Castle within his County the Sheriff may take posse Comitatus and break into the Castle and make Replevine 3. H. 7.1 Terms ley distr F. N. B. 73 West 1. cap. 17. Dyer 41.59 West 1. c. 20. Brit. Chap. 17. Note that whatsoever the Sheriffe retorns upon the plures Replevine it ought to be inserted and rehearsed in the Writ of Withernam And if the Sheriff retorn that he hath commanded the Bayliffe of the Franchise who hath given him no answer or that the Bayliffe will not make deliverance that then the Plaintiffe shall have a non omittas directed to the Sheriffe commanding him to enter into the Franchise and make the return and if the Sheriffe do it not the Plaintiffe shall have an alias non omittas directed to the Sheriffe and afterwards a plures non omittas c. Of the non Omittas It is a Writ and lieth where the Sheriffe returneth upon a Writ to him directed that he hath sent to the Bayliffe of such a Franchise which hath return of writs he hath not served the Writ then the Plaintiff shall have this Writ directed to the Sheriffe that he himself enter into the Franchise and execute the Writ and the Sheriffe shall warn the Bayliffe that he be before the Justices at that day contained in the writ and if he come not excuse himself then all the Writs judicials which shall passe out of the Court during the same Plea shall be Writs de non omittas c. and the Sheriffe shall make execution of them having that Plea Terms ley The Sheriffs return that he hath commanded the Bayliffe of the Liberty c. who gave him no answer c. or the other return that that the Bayliffe will make no deliverance are no good returns for by the Statute of Westminster 1 Chap. 27. in the end of the same Statute appears that the Sheriffe upon such a return made to him by the Bayliffe ought presently to enter into the Franchise or Liberty make deliverance of the thing taken Of a Partitione Facienda This Writ lieth where two or more men hold Lands or Tenements together joyntly or in Common and undivided which are divideable by Law and some of them refuse to divide them in this case the rest may enforce them to it by this Writ to the Sheriffe who will thereupon by a Jury of the Bayly-wick divide it Terms ley Statute of 32. H. 8. cap. 10. and 32. H. 8. cap. 32. The Writs that are made out on this Writ after the Summons returned are a Pone and distresse infinite but before you can have your distr you must be sure to have your Pone returned by the Sheriffe and to file it with the Filacer which warrants the making out of the distringas and upon that you may get an amearcement of five pounds if the Defendant appear not then you may have an alias distringas doubling your issues and so distresse infinite till he do appear Of a Warrantia Chartae This VVrit lieth for him that is enfeoffed with warranty and is afterwards impleaded in an Assize or other Action in which he cannot vouch then he may have this Writ against the Feofor or his Heir to compel them to warrant the Land unto him Terms ley F. N. B. fol. 134. D. A man may bring this Writ of Warrantia Chartae c. in what County he will if the deed bear not date at a certain place or County for then he ought to bring the VVrit where the deed bears date This VVrit extendeth to the warranty of Lands c. of an estate of Free-hold or inheritance and not to any Chattle real personal or mixt saving onely in case of a wardship granted with warranty The processe whereby the vouchee is called is a Summons ad warrantizandum and whereupon if the Sheriffe return that the vouchee is sumoned he make default then there is awarded a Magnum Cape ad valenciam c. when if he make default again then judgement is given against the Tennant and he to have over in value against the vouchee but if the Sheriffe return that he hath nothing then after a Writ of alias and plures a Writ of sequitur sub periculo suo is awarded c. And the Demandant shall not have judgement to recover in value c. because the vouchee was never warned After the Summons comes a pone and then a distringas and if the Defendant appear not an alias distringas setting issues c. And so distresse in infinitum till there be appearance given Of a Quare impedit It is a Writ judicial that lieth where one hath recovered a presentment to the Bishop to command him to admit his Clerk that hath recovered and if the suite were against the Bishop alone then this Writ may be directed to the Bishop of the Diocesse or the Metropolitane at the election of the party And if in this case the Bishop refuse him the party may have a quare not admisit F. N.B. 38. or it is a Writ that lieth where a man hath an Advowson and the Parson dieth and another presenteth his Clerk or disturbeth me to present then he may have the said Writ The Writ is a Summons at the Plaintiffs suite and after your proceeds are the same as in the Writ of Partition by pone and distringas c. Of Wast VVaste is where Tenant for Term of years Tenant for life or Tenant for Term of anothers life Tenant in dower or Tenant by the courtesie or Guardian in Chivalery doth make waste or destruction upon the Land that is to say pulleth down the house or cutteth down Timber or suffereth the house willingly to fall or diggeth the ground then he in the reversion shall have one Writ for the waste and shall recover the place where the waste was done
the execution of the Writ of the Lord Protector lately to him directed he commanded the Bayliffe of the Liberty of the Lord Protector of his Bishoprick of Ely the place being now void within the Isle of Ely to whom c. insomuch that c. who thereof gave him no answer therefore the Sheriffe is commanded that he omit not for that Liberty but take into the hand of the Lord Protector the third part aforesaid with the appurtenances in form aforesaid c. The Entry of an Amerciament against a Sheriffe for not returning a Writ ss At which day here came the aforesaid J. by his Attorney the Sheriffe of the County aforesaid although was solemnely exacted to return the Writ aforesaid came not nor returned that Writ therefore the same Sheriffe to wit J. S. is in mercy c. and is amearced by the Justices here to xl s. c. An Original in Dower ss Oliver c. To the Sheriff of Cambridge Greeting command W. C. that justly and without delay he render to L. S. Widow who was the wife of R. S. her reasonable dower which hapneth to her of the Freehold which was of the aforesaid R. in time past her husband in Wisbech whereof she hath nothing as it is said and whereof she complaineth that the aforesaid VV. deforceth her and unlesse he shall do it c. the xv Pas Test c. The Sheriffs Return ss For the Execution of this Writ I have made my Warrant to the Bayliffe of the Lord Protector of the Bishoprick of Ely the place being now void within the Isle of Ely who hath the full return and execution of all Writs within the same Liberty to execute to whom the execution of this Writ doth wholy belong insomuch that no execution thereof elsewhere than within the same Liberty by me could be done which said Bayliffe no answer thereof to me gave I.P. Ar. vic An alias Summons of a non omittas in Dower ss Oliver c. To the Sheriff of Cambridge Greeting we command you that you omit not for our Liberty of the Bishoprick of Ely the place being now void within the Isle of Ely but command W.C. that justly and without delay he render to L.S. Widow who was the wife of R. S. her reasonable dower which happeneth to her of the freehold which was of the aforesaid R. in time past her husband in VVisbech whereof she hath nothing as it is said whereof she complaineth that the aforesaid W. deforceth her and unlesse he shall do it and the aforesaid L. shall secure you for prosecuting her complaint then Summon the aforesaid VV. that he be before our Justices at VVestminster in the morrow of the holy Trinity to shew wherefore he will not do it and whereof your self hath certified to our Justices at Westminster from the day of Easter in 15. dayes last past that you commanded the Bayliffe of our Liberty of the aforesaid Bishoprick the place being then void within the aforesaid Isle of Ely who hath full return execution of all Writs within the same Liberty to execute to whom execution of the Writ aforesaid wholy belonged in so much that no execution thereof elsewhere than within the same Liberty by you could be done who no answer thereof to you gave and have you there the Summoners and this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded that he should command W. C. that justly c. he should render to Luce S. Widow who was the wife of R. S. her reasonable Dower which hapneth to her of the freehold which was of the aforesaid R. in time past her husband in Wisbetch whereof she hath nothing c. and unlesse c. then he should Summon by good Summoners the aforesaid W. that he might be here at this day to wit from the day of Easter in 15 dayes to shew wherefore he did it not And now here at this day came the aforesaid Luce by Fr. T. her Attorney and the Sheriffe returned that he commanded the Bayliffe of the Liberty of the Lord Protector of his Bishoprick of Ely the place being then void within the Isle of Ely who hath full c. to whom c. who to him no answer c. Therefore the Sheriff is commanded that he omit not for the Liberty aforesaid but Summon by good Summoners the aforesaid W. that he be here in the morrow of the holy Trinity to answer the aforesaid Luce in the Plea aforesaid c. A distr nuper vic ss Oliver c. We command you that you distrain A.B. Esq late Sheriff of your County your predecessor by all his Lands and Cattles in your bayly week so that neither c. so that he may have before our Justices at Westminster tali die the body of R.B. late of T. as in the Writ to answer S. P. in a Plea that he render to him C. l. zz whom by our command he hath taken as he to our Justices at Westminster in 8. dayes of the holy Trinity last past certified and to hear his judgement for many defaults and have you there this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded that he should have here at this day to wit in eight dayes of St. Hillary last past the body of H. late of c. whom the same Sheriffe took and in his power detaineth to answer R. S. in a Plea that he render to him 40. l. which to him he oweth and unjustly detaineth c. And now here at this day came the aforesaid R. by M.I. his Attorny and proffered himself the fourth day against the aforesaid H. in the Plea aforesaid and he came not and the Sheriffe returned that the same H. was not taken by him Sheriff but by J. D. late Sheriff predecessor of him the now Sheriffe nor the body of the same H. to the aforesaid now Sheriff was delivered in his going forth from his Office Therefore the now Sheriffe is commanded that he distrain the aforesaid late Sheriffe by all his Lands c. And that of the profits c. so that he have here tali die the body of the aforesaid H. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Writ of alias Summons where the Sheriffe returneth that the Plaintiffe hath not found pledges to prosecute ss Oliver c. To the Sheriff of Suff. Greeting for that A. B. in our Court before our Justices at Westminster hath not secured our said Justices for prosecuting his Plaint by John Den and Richard Fen we command you that you Summon by good Summoners C.D. of D. in your County Yeoman that he be before our Justices at Westminster in 8. dayes of St. Hillary to answer the aforesaid A. B. in a Plea that he render to him 40. s. which to him he oweth and unjustly detaineth as it is said and have you there the Summoners and this Writ witnesse c. The
Greeting put under security and safe pledges Thomas Brerewood and Will. Leuston Clark that he be here as in another Writ to answer John Crugge in a Plea that they together with John Bishop of Exiter Robert Perens Clark permit the said John Crugge to present a fit person to the Church of Exmister which is void and doth belong unto his Donation as he saith and to shew wherefore they kept not the day to them given by their Esloin in our Court before our Justices at Westminster from the day of St. Hillary in 15. dayes after they were Summoned we also command you that you distrain the aforesaid R. by all his lands c. as above before our Justices at Westminster at the aforesaid Term to answer the aforesaid J.C. together with the aforesaid T. and VV. in Plea aforesaid and to hear his judgement for many defaults and have you c. T. c. The Entry thereof ss J.D. by his Attorney offered himself the 4th day against T. B. VV.L. Clark and P. Clark in a Plea that they together with John Bishop of Exeter permit the said J. C. to present a fit person to the Church of Exmister which is void and to his Donation belongeth c. and they came not and the aforesaid T. and VV. had thence day by their Esloin here even to this day to wit from after they were Summoned c. therefore let them be attached that they be here in 8. dayes of S. Hillary and the Sheriffe was commanded that he should attach the aforesaid R. c. and the Sheriffe returned that he is attached by pledges John Doo and Richard Roo therefore he is in mercy c. and let him be distrained that he be here at the aforesaid eight dayes of St. Hillary c. or at the aforesaid term c. Distringas against a Bishop to cause the Clark to come Oliver c. Greeting we command you that you distrain VVilliam Bishop of Lincolne by all his Lands c. and that of the profits of the same to us you answer so that he may have before our Justices at VVestminster in eight dayes of St. Hillary A.B. his Clark to answer C. D. in a Plea that he render to him one hundred shillings which to him he oweth and unjustly detaineth as he saith and to hear his Judgement for many defaults and have you c. The Entry thereof ss The reverend Father in Christ VVilliam Bishop of Lincolne was commanded that he should cause to come here at this day to wit in eight dayes of St. Hillary A.B. his Clark to answer C. D. in a Plea that he render to him 50. s. which to him he oweth unjustly detaineth c. and now here at this day came the aforesaid C.D. by William S. his Attorney and offered himself the 4th day against the aforesaid A.B. in the Plea aforesaid and he came not and the aforesaid Bishop returned that he is attached by pledges John Doo Richard Roo therefore they are in mercy c. Therefore the Sheriffe is commanded that he distrain the aforesaid Bishop by all his Lands c. and that of the profits c. so that he have here in eight dayes of the Purification of the blessed Virgin Mary the aforesaid A. B. his Clark to answer the aforesaid C. D. of the aforesaid Plea c. The Entry of a quid Juris clamat ss The Sheriffe was commanded that he should cause to come here at this day to wit in eight dayes of St. Michael Jane Wevel Widow to acknowledge what right she claimeth in four messuages and two hundred Acres of Land with the appurtenances in Pinghill also Philip Buttler to acknowledge what right he claimeth in 50. Acres of Land and five Acres of Meadow with the appurtenances in P. aforesaid which Thomas Prous in the Court of the Protector here hath granted to John Gye by Fine thereof between them made c. and now here at this day came the aforesaid John Gye by John Ford his Attorney and offered himself the 4th day against the aforesaid Joan and Philip in the aforesaid Pleas and they came not and the Sheriffe returned that the aforesaid Joan is attached by pledges John Den and Richard Fen and that the aforesaid Philip is attached by pledges John Doo and Richard Roo therefore they are in mercy c. and let them be distrained that they be here in 8. dayes of S. Hillary c. A Distr in a Quid Juris clamat Oliver c. To the Sheriffe Greeting we command you that you distrain Joan Wevel Widow and Philip Butler by all their Lands c. as in another Writ and that of c. so that c. in eight dayes of St. Michael to acknowledge what right that is to say the aforesaid Joan claimeth in 4. messuages and CC Acres of Land with the appurtenances in Poughill also the aforesaid Philip to acknowledge what right he claimeth in C. Acres of Land and 5. Acres of Meadow with the appurtenances in P. aforesaid which Thomas Prous in our Court before our Justices at Westminster hath granted to John Gye by Fine thereof between them made and to hear their Judgement for many defaults and have you there this Writ T. c. The Entry of the Writ aforesaid upon the Defendors praying a Lilo ss The Sheriff was commanded that he should distrain Joan Wevel Widow and Philip Butler and M. his wife by all their Lands c. and that of the profits c. that he should have their bodies before the Justices of the Lord Protector here at this day to wit in eight days of S. Michael that is to say the aforesaid Joan to acknowledge what right she claimeth in four messuages and 200. Acres of Land with the appurtenances in Poughil and the aforesaid Philip M. to acknowledge what right they claim in 100. Acres of Land and 5. Acres of Meadow with the appurtenances in P. aforesaid which T. Prous in the Court of the Protector here hath granted to John Gye by a Fine thereof between them made c. and now here at this day came as well the aforesaid John Gye by John F. his Attorney as the aforesaid Joan also the aforesaid Philip M. in their proper persons and hereupon the aforesaid John Oye prayeth that the aforesaid Joan of the aforesaid four messuages and two hundred Acres of land with the appurtenances and that the aforesaid Philip and Mary of the aforesaid C. Acres of Land and five Acres of Meadow with the appurtenances to him may attain c. And the aforesaid Joan Philip and Mary pray hearing of the Writ aforesaid and to them it is read they pray also hearing of the Note whereupon the same Writ issueth forth and it is read to them in these words Between c. which being read heard they pray Licence thence of imparling here till in 8. dayes of St. Michael and they have c. the same
c. The Entry thereof ss A.H. Widow lately the wife of J. H. by J. B. her Attorney offered her self the fourth day against M. H. of the third part of two messuages with the appurtenances in K. into three parts divided which the said A. in the Court of the Protector here claimeth against him as her Dower by the endowment of the aforesaid J. H. heretofore her husband and he came not and he was Summoned c. Judgement that the third part aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid M. be Summoned that he may be here in 8. dayes of St. Michael c. at which day here came the aforesaid A. by her Attorney aforesaid the Sheriffe thereupon did nothing nor the Writ thereof returned Therefore as before let another Writ thereupon be made to him in form aforesaid returnable here in the morrow of all Souls c. A Writ of Magnum Cape and Non Omitt in a Precipe in Capite Oliver c. To the Sheriffe Greeting we command you that you omit not for any our Liberty of the Town of S. but take into our hand by the view c. as in another Writ for the default of the Defendant and whereupon your self before did return to our Justices at Westminster that you commanded A. B. and T.T. your Bayliffs of our Liberty of our Town of B. who have full return of all Writs Bills and Precepts and the Execution thereof within the Liberby aforesaid within which Liberty the Tenements aforesaid are which said Bayliffs no answer to you gave and the day of the taking you certifie to our Justices at Westminster by your letters sealed and Summon as in another Writ T. c. The Entry thereof ss The Sheriffe was commanded that he should not omit for the Liberty of the Protector of S. but Summon R. M. that he might be here at this day to wit from the day of the holy Trinity in 15. dayes to answer R. C. in a Plea of one messuage with the appurtenances in S. which the said R.C. claimeth as his right against him by the Writ of the Lord Protector of a Precipe in Capite and whereupon the aforesaid Sheriffe before here did return that he commanded A.B. and T. T. Bayliffs of the said Lord Protector of the Liberty of his Town of S. who have the full return c. and to whom c. and who to him no answer c. and now here at this day came the aforesaid R C. by J. O. his Attorney and offered himself the fourth day against the aforesaid R. M. in the Plea aforesaid and he came not and Summon c. Judgement that the aforesaid messuage with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid R. M. be Summoned that he be here in the morrow of St. Martine c. and that the Sheriffe omit not c. The Sheriffs return in a Mand. Balliv Libt I have commanded A. B. and C. D. Bayliffs of the Liberty of the Town of C. who have full return of all Writs and Mandates the Executions thereof within the Liberty aforesaid within which Liberty the Tenements in the VVrit contained are which said Bayliffs thus answer me as it appeareth in the pannell indented to this writ fixed A Writ of Seisin in Dower Oliver c. To the Sheriffe Greeting c. know you that A.H. c. in our Court before our Justices at Westminster hath recovered her seisin against M. H. of the third part of two parts of the Mannor of K. with the appurtenances in three parts divided as her Dower by the endowment of the aforesaid J. H. heretofore her husband for default of the said M. and therefore we command you that to the aforesaid A. plenary seisin of the third part aforesaid with the appurtenances to be held by her in severalty by Meets and Bounds without delay you cause to have and how this our VVrit shall be executed you make appear to our Justices at Westminster in eight dayes of St. Hillary and have you there this writ T. c. Seisin by default in a Writ of Dower upon which the Sheriffe returns that the husband died in Fee-Tail upon which is awarded a VVrit of inquiry of damages in one VVrit ss A.H. By her Attorney offered her self the fourth day against M. H. of a Plea of the third part of two parts of the Mannor of K. with the appurtenances in three parts divided as her Dower by the endowment of J. H. heretofore her husband against him and he came not heretofore he made default here to wit from the day of the holy Trinity in 15. dayes last past after he was Summoned c. so that then it was commanded to the Sheriffe that he should take the third part aforesaid with the appurtenances into the hand of the Lord Protector day c. and that he should Summon by good Summoners the aforesaid M. that he should be here at this day to wit from the day of S. Hillary in 15. days then next following to answer the aforesaid A. as well of the principal Plea as of the default aforesaid c. and the Sheriffe now restifieth the day of the Caption c. and that he Summoned c. Therefore it is ordered that the aforesaid A. should recover her seisin against the aforesaid M. of the third part aforesaid with the appurtenancies by default c. the said M. be in mercy c. hereupon the aforesaid A. prayeth the Writ of the Lord Protector of causing plenary seisin of the third part aforesaid with the appurtenances to have to her and it is granted her returnable here from the day of Easter in 15. dayes c. and also the aforesaid A. saith that the aforesaid J. H. heretofore her husband c. died seised of the Tenements aforesaid with the appurtenances whereof c. in his demeasne as of Fee-Tail and prayeth the Writ of the Lord Protector of inquiry of damages c. and it is granted her returnable here at the aforesaid Term c. A Writ of Habere Facias seisinam in Dower by default and of inquiry of the value of damages and of the seisin of the husband in one Writ Oliver c. To the Sheriffe Greeting know you that T. Rusmer and E. his wife which was the wife of William Mawsey in our Court before our Justices at VVestminster have recovered their seisin against Thomas Mawsey of the third part of one messuage one Garden and nine Acres of Land with the appurtenances in K. by our Writ of Dower whereof she hath nothing of the endowment of the aforesaid W. Mawsey heretofore her husband by the default of the said T. M. and therefore we command you that to the same Thomas Rusmer E. plenary seisin of the third part aforesaid with the appurtenances to be held by them in