demesnes of Fee which said mannor of E. otherwise E. Court with the appurt is chargeable with the execution of the judgment aforesaid together with the mannor and Rectory aforesaid and this they were ready to verifie whereupon for that aswell the said Mannor of E. otherwise E. Court as the said Mannor of P. with the appurtenances whereof the same Francis Bruster was returmed Tenant and the Rectory aforesaid with the appurtenances whereof the said R L. was retorned Tenant are chargeable with the payment of the debt Damages aforesaid the same Francis Brewster and Rob. London pray judgment and that they may not further answer to the said Writ of Si. facias against them in Forme aforesaid brought before the said Tho. Br. by our proces of Scire Facias be premonished to shew wherfore execution upon that Mannor together with the mannor and Rectory aforesaid ought not to be don And therefore we command you that by honest and lawfull men of your Bayliwick you make knowne to the said Thomas Bunell Tenant of the said Mannor of E. alias E. Court and to all Tenants of the lands and Tenements which were of the said Francis B. in Fee simple in your county of the same 15. S. Martin An. 42. abovesaid that they be before our Justices at Westminster 8. S. Hill to shew if any thing c. Wherefore the Debt and Damages aforesaid of the same Mannor of E. al E. Court or of any lands and Tenements which were of the same Francis at the time of the Judgment aforesaid given or at any time afterwards together with the same mannor of P. and the Rectory aforesaid ought not to be made according to the Form of the recovery aforesaid if to them it would seeme expedient and have you here the names of them by whome you shall make it knowne to them and this Writ Teste H Hobert at Westminster the 6. day of November An. 20. et Sco. 46. Retorn BY vertue of that Writ to me directed by I. W. and E. W honest and lawfull men of my bayliwick I have made knowne to the within named Thomas Burnall Tenant of the Mannor of E alias E. court with the appurtenances and that there are no other Tenants of other lands or Tenements in my County to whom I can make knowne A. B. Sheriff T 21. Ja. Hitcham the Kings Serjeant brought a certificat out of the Kings Bench into the Common Bench that if the defendant in any Action wherein Bayle is given die before a non invent be retorned against the Defendant upon a Scire fac the bayle is discharged and this was shewed in the case of Sparrow of Lowgate which is entred P. 19. Jac. Rot. 973. this is the true number Role in Banco Regis P 12. Jac. Co. Banco S. against S. Debt against the baile upon a Rerog in the Kings Bench the Defendants plead that the Pl. died before any Cap. was awarded against them a generall demurrer and judgment with the defendants after much debate H. 4. Jac. Rot. 975. in the Kings Bench D. against C. and W. against L. Seisin H 21. I. rot 2988. Brownlow Oxon ss Entry e fa writ of Habere facias sesinam in dower and the retorne thereof P 3 6 Eliz rot 1559. the like form of entry in dower It was commanded the sheriff whereas Briget Countis of Barkes widow who was the wife of Francis late Earle of Barkes lately in the court of the Lord the King now here to wit at Westminster by the consideration of the same court and recovered her seisin against Fr. R. otherwise N. of the third part of the hundred of Do. with the appur of the M. of D W. upon the greene with the appurtenances and of 200. Messuages 2. Mils 3. Dovehouses c. with the appurtenances in D and W. and also the third part of the Rectory of Weston upon the green and the Advowson of the Vicaridg of VVeston upon the green with the appurtenances as her Dower of the indowment of the said late Earle her late husbend by writ of the said Lord the King de dote unde nichil habet for default of the same Francis R. otherwise N. that to the same Countesse full seisin of the third part aforesaid with the appurtenances to hold to her in severalty by meets and bounds without delay he should causeâ— to be had and asmuch Tert. pars hundri mannors tenements Rectory and Advowson c. the sheriff should make to appreare here at this day to wit in Cr. Pur. beat Mariae c. and now here at this day came the same Countesse by Rob. Tomblinson her attorney and the sheriff to wit William C. Knight now doth return that he by vertue of the the writ aforesaid to him directed the 15. day of December last past caused to be had to the said Countesse full seisin of the third part of the hundred Mannors Tenements Copyheld land Rectory and Advouson aforesaid with the appurtenances to wit of 11. Messuages 3 Dove-houses 700. acres of land 300. acres of Meadow and 400. acres of pasture with the appurtenances in Dorchester and Drayton being Costomary lands of the mannor of Dorchester and parcell of the said Mannor then in the severall Tenures or occupations of I. p. Gent. E. H. Gent. c. or of their assignes with all lands Tenements cottages Meadowes Pastures Commons Rents Services and Hereditaments whatsoever to the same belonging or appertaining and of the Cheife Rent of twenty shillings and eleven pence issuing out of the Farme of Draycot aforesaid and the lands and Tenements to the sayd Farme belonging and appertaining and also the third part of the profits of the Mannor Court of Dorchester aforesaid The third part of the profits our manerii and of nine Messuages foure Cottages c. with the Appurtenances in Weston upon the green being customary Lands of the Mannor of Weston aforesaid and parcell of the said Mannor then in the severall Tenures or Occupations of I.G.W. H. c. or of their Assignes with all Lands Tenements Cottages Meadowes Pastures Commons Rents Services and Hereditaments whatsoever to the same belonging or appertaining 2 Mills and of all those new buildings called the Brew-house and of one Barne c. And also of two Water mills with the appurtenances in Weston aforesaid and all Tythes yearely growing and renewing Tythes as well out of the same Lands and Tenements in Weston aforesaid in the severall Tenures and occupations of the said I. A. W. H. c. or their Assigns as out of all singular other the Lands and Tenements whatsoever above named and to the Rectory of Weston aforesaid belonging or appertaining Rectory or being parcell of the sayd Rectory of Weston aforesaid and of the West part of the Wood or Copice called Weston wood in Weston aforesaid containing by estimation fourteen acres and of the Tithes from and out of the West part of the same Wood
together and undâ—videdly doe hold 20. Mes 6. mills 20. Gardens 2000. acres of land 500. acres of Meadow 1000. acres of Pasture 2000. acres of wood 2000 acres of Furs and heath and 500. acres of land covered with water with the appurtenances in Balcombe Tuck-feild Slewham Crawley and Porth the same Walter to make partition thereof between them according to the Forme of the statute in such case provided gainsayeth and unjustly permited not the same to be don and against the Form of the statute aforesaid And the same Walter in the Court of the King here well granteth that partition thereof be made by which it was considered in the same Court of the Lord the King here that partition should be made between the parties aforesaid of the Tenements aforesaid with the appurtenances That taking with him 12. Free and lawfull men of the neighborhoods of B. C. S. C. and W. by whom c. he should come in his proper person unto the Tenements aforesaid with the appurtenances and in the presence of the parties aforesaid by the same Sheriffe to be premonished if they will be present the same Tenements with the appurtenance by the oath of honest and lawfull men of his county respect being had to the true value of the same Tenements with the appurtenances he should cause to be parted into two equall parts and one part of the sâ—me Tenements with the appurtenances to the same Edward and the other part of the same Tenements with the appurtenances residue to the same Walter to hold to them in severalty he should cause to be delivered and assigned so that neither the said Edward nor the same Walter may have more of the Tenements aforesaid with the appurtenances then belongeth to them to have and that the said Edward of his purpart to the same Edward out of the tenements aforesaid with the appurtenances hapning And the same Walter of his purpart to the same Walter out of the tenements aforesaid with the appurtenances hapning may severally apportion themselves and that partition by the same sheriff distinctly and openly made he should make appeare here in Oct. S. Mich. under his seale and the seales of them upon whose oath that partition shall be made and that he should have here the names of them upon whose oath he should make that Inquisition and that writ And now here at this day came the same Edward by Robert Moyle his attorney and the sheriff to wit Nicholas Eversfeild Esq now retorneth here a Certaine partition between the parties aforesaid of the tenements aforesaid by the same sheriff before him by vertue of the writ aforesaid and according to the Form of the said writ by the oath of 12 c. made which followeth Sussex ss I. N. E. sheriff of the county aforesaid to the Justices of the Lord the King do certifie by vertue of a writ therein to me directed and to this schedule annexed the seventh day of August An. c. 18. See the new book of Entries title Partition fo 411. such a form took with mee I. F the elder I. F. the younger and ten others twelve Free and lawfull men of the Neighbourhoods of B. C. S. C. and W. in the same writ specified I came in my proper person to the tenements in the same writ specified to wit to 20 Mess 20. Gardens 2000. acres of Land 500 acres of Meadow 1000. acres of pasture 2000. acres of Wood 2000. acres of Furze and heath and 500. acres of Land covered with water in B. C. S. C. and W. in the same writ mentioned And there by their oath respect being had to the true value of the Tenements aforesaid with the appurtenances in the presence of the parties in the same writ named by me the same sheriff premonished the same Tenements into two equall parts with the appurtenances I have made to be parted and one part of the Tenements aforsaid with the appurtenaces to wit one Capitall Messuage or mansion house called T. with the appurtenances c. and so receite the parcells c. I have caused to be delivered and assigned to Edward Culpeper Knight in the same writ named for his purpart of the Tenements aforesaid to hold to the same Edward in severalty by himself as by meets and bounds they are now divided And an other part of the same Tenements with the appurtenances that is to say one Messuage called the glovers house otherwise Gardners farm c. And so receit the other particulars c. 2. Part. I have câ—used to be delivered and assigned to Walter Covert Knight in the same writ likewise named for his purpart of the Tenements aforesaid to hold to the same Walter in severalty by himself as by meets and bounds they are now divided so that the same Edward of his purpart of the same Edward out of the Tenements aforesaid with the appurtenances hapâ—ing And the same Walter of his purpart to the same Walter out of the Tenements aforesaid with the appurtenances in Form aforesaid hapning may severally apportion themselves as by the same writ it was commanded to me in Testimony whereof aswell I the same sheriff as the Jurors aforsaid to this partition have severally put our seales the day and yeare abovesaid Judgment that the paâ—tion be held fâ—â—m amd stable Therefore it is considered that the partition aforesaid be held Firm and Staple for ever Note that at the retorn of this writ of particion Hickham the Kings Serjeant at Law and of councell with the defen Sr. Walter Covert Knight came to the bar and moved that the partition might be quashed and that a new Writ to make partition might issue For that the partition was not Legally made by the sheriff And upon much debate in Court the 4 Judges Hobort Warborton Winch and Hutton ordered Sr. Walter Covert to pay to Sr. Edw. Colpeper 3500 l. for his part wherewith the parties are agreed and Sr. Walter Covert in joyed the lands aforesaid and the writ was not Filed nor the judgment entred but I added it to the partition because of the presedent Plur. Replegiare M 6. 7. Eliz. Rot. 423. Entry of a wrâ— of Plur. replegiare Otherwise as it appeareth in the time of the holy Trinity An. 6. Regin nunc Rot. 621 It is thus contayned Derb ss It was commanded the sheriff that whereas of late the Qu. had more times commanded the said sheriff that instantly and without delay he should make replevy to M. S. widow a certaine oxe which E. T. and W. T. took and unjustly detayned c. Or the sheriff of the County aforesaid should be before the Justices of the said Lady the Queen here to wit at VVestminster in Oct. S. Mich. An. 4 Reg. nunc to shew wherefore he contemned to execute the command of the Lady the Queen so often to him therein directed And the same sheriff to the Justices of the said Lady the Queen here at the day of the retorne that
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
which day the Defendant pleads no award made generally The plaintiff pleads an award and sets forth a breach Causes of demuâ—rer that the Defendant at Midsomer 1621. did not pay 14 l. of an Annuall summe of 14 l. by the award yearely to be paid the Defendant demurs for two causes 1. for that the plaintiff hath not set forth any sufficient breach of the award 2 for that the award for payment of the said 14 l is void Joinder in Demurrer Entry of a writ of Testat Sci fac against Ter tenants who appear upon the Sheriffs return and say that there is another Tertenant in an other County non praenuncit and pray that they may not answer to the wâ—it of Sci fac brought against them usque alius pâ—aemuniatur T 20. Jac. R. Rot. 3047. Brownlow Otherwise as it appeareth Mich. 19. Jac. Rot. 939. It is thus contayned otherwise as it appeareth M. 19. Rot. 1637. It is contayned thus London ss It was commanded the sheriffs whereas V. Norrington latly in the Court of the Lady Elizabeth late Queen of England to wit in Mich. Term An Regni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Towne of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Vin in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detayning of that Debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at Westminster remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And aswell the said Earl as the said Vincent are dead As by the information of I. A. and Sarah his wife administratrix of the â—â—â—ds and Chattells which were of the said Vincent by Joan Norrington â—â—te Executrix of the Testament of the said Vincent not administred the King understandeth and because c. that by honest c. They should make knowne to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queene 35. which day the judgment aforesaid was given or at any time afterwards that they should be here at this day to wit tres Trin. to shew if any thing c. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendred to the same Iohn and Sarah according to the Form of the recovery aforesaid if c. And now here at this day came the same Iohn and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea aforesaid And they being solemnly called came not and the sheriff to wit R D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earle at the same time of the judgment aforesaid given Testat Sci fac or any time afterwards in their bayliwick to whom or to which they could make known And hereupon it is testified in the same Court of the said lord the King here that there are divers Tenants of lands and Tenements which were of the said Earle at the time of the judgment aforesaid given and afterwards in the County of North. to whom he may make knowne Therefore it is commanded the sheriff of North. that by honest c. that hee make known to the Tenants of the lands and Tenements which were of the said Earle at the time of the judgment aforesaid given or at any time afterwards in his bayliwick that they be here in 8. S. Mich. to shew in Form aforesaid if c. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid as Iohn Earle of Bridgwater and Francis his wife premonished c. by William Cragg their attorney and the sheriff of the said County of North. to wit Lodowich Pemberton Knight now retorneth that he by vertue of the Writ aforesaid to him directed by William Smith and Thomas Allen honest c. made knowne to the said Iohn Earle of Bridgwater and Francis Tenants of 2. Messu 1. Cottage 100. acres of land 20. acres of Meadow and 100. acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. Tertenants of divers lands returned of the lands and Tenements which were of the said Fardinand Earle of Darb. of which the said Earle was seised in the Cr. Anim. An. 30 abovesaid of being here at the same Oct. S. Mich. to shew in Forme aforesaid c. And that there are no other or more Tenants of any lands or Tenements which were of the said Earle at the said Cr. Anim. or any time afterwards in his bayliwick to whom he can make knowne And hereupon the same Iohn Awbery and Sarah say that the administration of all the goods and Chattels which were of the said Vincent at the time of his death by the same Joane Norrington not administred by George Arch-Bishop of Canterbury of all England Primate and Metropolitan the 12. day of November An Rs. nunc 12. at London in the parish of S. Mary Bow in the Ward of Cheap after the death of the same Joane to the said Sa. were committed And they bring here in the Court lit Administrator of the said Arch Bpp which the commission of the Administration aforesaid in Form aforesaid testifies c. pray execution against the said Earle of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances in Forme aforesaid to them to be adjudged c. And the Earle of Bridgwater and Francis pray licence therein to imparle here untill 8. S. Hill And have it c. the same day is given to the same Iohn Awbery and Sarah here c which imparlance is continued untill Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth And the same Earle of Bridgwater and Francis say that the same I. A. and Sarah ought not to have execution against them for the debt and Damages aforesaid because they say that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earle and Francis to wit the first day of Iune An. Rs. c 19. one Christopher Earle Esquire was and yet is Tenant as of Fee Tenant of the mannor of S. M. with the appurtenances in S. M. in the county of Dor. and of 20. Messuages 20. Gardens 20. M. 11 Edw. 3. Fitz. brev 266. such plea is adjuâ—ged good Orchards c. with the appurtenances in S. M. aforesaid whereof the same Fardinand late Earle of Darb. in the
the Form of the statute aforesaid untill he shall have levyed the debt and damages aforesaid And in as much as that command shall be executed he shall make appeare here in Cr. Anim. by the letters of the same Bishop sealed c. T 18. Iac. Rot. 3057. Brownlow Essex ss Whereas Iohn Hill lately in our court before our Justices at Westminster by the consideration of the same court had recovered against Mary Wroth late of London widdow otherwise called M. W. c aswell a certaine debt of 400 l. as 80 s. which c. whereof she is convicted the said Iohn afterwards came into our said court and by the statute c. chose to be delivered to him all the goods and chattles of the said Mary besides Oxon and cattle of her plough and likewise the moyety of all her lands and tenements of which the same Mary in Crastino S. Trin. last past upon which day the judgment aforesaid was given against her or at any time afterwards was seised without delay Entry of an Elegit after an elegit he should cause to be delivered to the same Iohn by reasonble price and extent to hold to him the goods and chattles aforesaid as his proper goods and chatties and also to hold to him the moyety aforesaid as his free tenement to him and his assignes according to the form of the statute aforesaid untill the debt damages should be levied thereof and in asmuch c. he should make appeare to our Justices here at Westminster in Cr. Pur. S. Mariae last past And you at that day returned to our Justices at Westminster a certaine Inquisition taken before you at S. L. in your county the 12. day of Dec. last past by the oath of 12. c. taken by which it is found that the same Mary at the said Cr S. Trinitat and after that day was seised in her demesnes of Fee tenant for terme of life of and in the Mannor and cheife mesuage of L. al. L. with all their right members and appurtenances c. And further that the same Mary at the said day of the judgment aforesaid given or at any time afterwards had any other goods or chattells or any other or more Mannors lands tenements in your County which to the knowledg of the Jurors of the Inquisition aforesaid could be extended or appraised you further retorned to our Justices at the same day that none came to you on the behalf of the said Iohn to pray deliverance to be made to him of the moyety of the mannor and Tenements aforesaid by the inquisition aforesaid found so that to further execution of the said writ you could not proceed whereupon the same Iohn came into our said Court saying that the same Mary a the time of the judgment aforesaid given and afterwards had divers lands and Tenements in your County to the value of 40 l besides the Mannor and Tenements in the inquisition aforesaid specified and also was possessed of divers goods and chattles to the value of 100 l. which you could have extended and apprised and delivered to the same Iohn And therefore wee command you as more times we have commanded you that all the goods and Chattles of the same Mary besides Oxon c. And likewise the moyety c. besids the same mannor and Tenements in the Inquisition aforesaid specified of which the same Ma. at the time of the judgment aforesaid given or at any time afterwards was seised possessed of and also the moyety of the Mannors and Tenements in the inquisiton aforesaid specified you cause to be delivered to the said Iohn by reasonable price and extent to hold as his Free tenement to him and his assignes according to the form of the statute c. untill the debt and damages be thereof levyed And in asmuch as you shall have executed this our command you make appeare c. SVff ss Whereas E. T. and Mary his wife in our Court before our Justices at Westminster by the consideration of the same Court had recoverd against Iohn Addams 20 l. for the value of the dower of the same Mary of one messuage and one Garden with the appurtenances in Bury S. Ed. from the time of the death of R. Cage her late husband Entry of an Elegit for the value in Dower As for theire damage which they had by occasion of the detayning of the said dower whereof he is convicted And the same Io. and Mary afterwards came in to our said Court and by the statute therein provided chose to be delivered to them c. As in others to hold to them and their assignes according to the Forme of the statute aforesaid untill the said 20 l. for the value and damages aforesaid shall be thereof levyed c. in asmuch c. he should make appeare here Men. Pas c. P 29. or 30. Eliz. Rot. 651. Tender of the body in execution in discharge of the Manucaptors London ss Be it remembred that the third day of May that same terme came here into the court M. F. in this own person And offered his body in execution upon the judgment for damges cost and charges which W. F. in the Queens Court here recovered against him as in a certaine action of trespasse upon the case according to the Form of a certaine Recognizance here by the same M. and certaine Henry Lues of the Parish c. Butcher and Giles Holden of the Parish c. haberdasher in Mich. term Ann. Reg. Regin 27 and 28. acknowledged for in discharge of his Manucaptors aforesaid c. And hereupon William Knight attorney of the said W. F. by the court here conferred with if he would commit the body of the said M. in execution for the debt and damages aforesaid to the prison of the Fleet there to stay upon that occasion or not said that not Therefore aswell the said Manucaptors as the said M. from the Recognizance aforesaid and summes of money contayned in the same Recognizance by the Court here are discharged c. Tender of the body in execution after judgment had against the principall in discharge of his â—ureties M 9. Jac Rot 2739. H 10. J. Rot 3241. H. 22. J Rot. 2429 Errour brought T 20. Eliz. Rot. 125. Between Younger and Tompson Afterwards to wit such a day An. c. came here into the Court W. T. in his proper person and aswell for his owne proper indemnity as of his suerties aforesaid prayeth that he by the court here may be committed to the prison of the Lady the Queen of the Fleet by occasion of the judgment aforesaid there to stay untill c. And L. and T. Manucaptors of the said W of their Manucaptions and acknowledgment in this behalf made by the court here are fully discharged c. And afterwards Error was entred upon the Roll and the Record sent into the Kings Bench And after the end of the same it is
Tenant had not duly made his execution Suff. ss It was commanded the sheriff whereas William Ayleff Esquire Barbara his wife lately in the court of the Lady the Queen here to wit at Westminster by the consideration of the same Court had recovered their seisin against I. A. of the third part of the Mannor of Abbotts with the appurtenances in D. c. and whereas also at the prosecution of the same W. and B out of the said Court of the Lady the Queen here of and upon the judgment aforesaid to wit the 6. day of November An. 42. Eliz. issued forth a certaine writ of the Lady the Queen de Sesina directed to the sheriff of the county aforesaid By which said Writ the said Lady the Queen commanded the said sheriff that he should know that the same W and B. in the Court of the Lady the Queen of the common Bench here to wit at VVestminster aforesaid had recovered their seisin against the said I. of the said third part of the Mannor of Abbotts in the appurtenances and 8 messuages c. with the appurtenances as the Dower of the said Barbara of the indowment of Martin A. her late husband c. whereupon the said Lady the Queen now to the said sheriff commandeth that the said W. and B. full seisin of the third part aforesaid with the appurtenances to hold to them in severalty by meats and bounds he should cause to be had and in as much as he should that precept of the Lady the Queen he should make appeare to the Justices of the Lady the Qu. here to wit at VVestminster in 8. Hill then next following which said Writ of seisin afterwards to wit the 16. day of Ianuary then next following at Y. aforesaid in the county aforsaid to E. B. Esquire then sheriff of the County aforesaid being was delivered to be executed in Form of Law And also by the information of the said W. and B. the same Lady the Queen hath understood that the said Edward favouring the same I. A. and indeavouring wholely to defraud the same W. and B of the recovery of the third part aforesaid afterwards to wit the 17. day of Jan. An. 43. abovesaid caused to be had to the same W. and B. full seisin of 1 Messuage in E aforesaid late in the tenure c. to hold to the same W. and B as the Dower of the same B. of the Indowment of the said Martin her late husband in the same mannor of A. and to the Tenements and Rents aforesaid in Y. c. contingent as by the Record and proceedings here in the same Court of the said Lady the Queen remayning manifestly appeareth whereas notwithstanding all and singular the Tenements aforesaid to the same W. B. by the said Ed. Bacon for the third part of the Mannor Tenements and Rents aforesaid with the appurtenances in Forme aforesaid delivered and assigned are not parcell of the mannor lands and Tenements aforesaid wherof the same W. and B. have recovered their third part in forme as aforesaid to the immoderate damage and grievances of the said W. and B. whereupon they have supplycated the said Lady the Queen to adhibet to them a fit remedy in this behalfe the same Lady the Queen not being willing in any wise to injure the same W. and B. But being willing that compleat justice be don and used to them in this behalfe that by honest c he should make known to the same I. that he should be here at this day to wit in 8. Mi. to shew if any thing c. Wherefore omitting the Tenements aforesaid to the same W. B in Form aforesaid delivered and assigned the same W. B seisin and execution of the said third part of the mannor Tenements and Rents aforesaid with the appurtenances whereof the said W. and B. have recovered their third part in Form as aforesaid according to the Form of the recogniz aforesaid against the same I. ought not to have if c. THe Defendant appeareth and saith that the said W. and A. any further execution of the third part aforesaid of the mannor and Tenements c. aforesaid with the appurtenances by them above recovered against him ought not to have because he sayeth that well true it is c. And confesseth the Recovery the writ of seisin and the return thereupon and that the Defendant entred into the land and further saith That the said messuage 3. acres of Land c. in D. aforesaid to the same W. B by the same E. B. for the third part of the mannor c. in Form aforesaid delivered and assigned are parcell of the mannor and Tenements whereof the same W. B. have recovered their seisin of the third part abovesaid in Form as aforesaid and this c. Judgment for the Tenant upon the demurrer And demurrer for that the writ lyeth not but afterwards an other Writ generall was brought And it was adjudged to be well brought See Hill 25. Rot. 650. P. 9. Jac. rot 656. Entry of a Sci. fac in a Quare Impedit T 30. Eliz. rot 1308. Lincoln ss It was commanded the sheriff whereas Thomas Beverly Gent. in the Court of the Lady the Queen now here to wit in the Term of of S. M. An. Eliz. 28. and 29. before Ed. Anderson Knight and his associats then Justices of the said Lady the Qu. of the Bench here by the consideration of the same Court had recovered his presentation against Iohn Arch. Bpp. of Canterbury and G. Cornwall his Clerk of the Church of Somerby in the County aforsaid being void and belonging to his gift by writ of the said Lady the Queen de Quare impedit as by the record and proceeding therein in the same Court here remayning it manifestly appeareth Execution notwithstanding of the judgment aforesaid yet resteth to be don as by the information of the said Thomas the Queen understandeth and because c. that by honest c. he should make known to the said Arch Bpp. and Gabriel that they should be here at this day to wit in Cr. S Tri to shew if any thing c. wherefore the same Thomas execution against them ought not to have according to the Form of the recognizance aforesaid if c. And now here at this day came aswell the said Thomas by VVilliam Be. his attorny as the same Arch Bpp. and Gabrill by R. P. their attorney And here upon the said Thomas prayeth Execution of the judgments aforesaid against the said Arch. Bpp. and G. to him to be adjudged Saith nothing but the ordinary c. and the same Arch Bishop defenderth the force and wrong when c. and nothing in Bar of the execution of the said Thomas saith whereby the said Thomas remayneth against the said Arch. Bpp. thereof without defence Therefore it is considered that the same Thomas have execution of the judgments aforesaid against the said Arch-Bishop according to
said morrow after all Soules An. 35. of the said late Queen abovesaid which day the judgment aforesaid was given was seised in his Demesne as of Fee And that no writ of Scire facias issued out of the Court here directed to the sheriff of Dor. to premonish the same Tenant of the Mannor and Tenements aforesaid of being here so that execution of the judgement aforesaid may be don upon him if it can and this they are ready to verifie whereupon they pray judgment and a Writ of Scire Fac. against the Tenant of the Mannor and the Tenements aforesaid in the same County of Do. at the prosecution of the said I. Awbery and Sarah to be directed to the same sheriff of Dor. to issue out of the court here to premonish the same Tenant of the mannor and Tenements aforesaid which were of the late Earle of Darb. of being here to answer of and upon the premisses The same Earle of Bridgwater and Francis pray that a Writ of Scire Fac. may issue out of the Court here to premonish the same Tenant of the Mannor and Tenemants aforesaid in the County of Do. being here c. To shew in Form aforesaid c. ANd the same Iohn and Sarah that they by any thing before alleadged from having their execution aforesaid against the said Earle of B. and F. for the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances whereof the same Earle and Francis are above retorned Tenants Replication and Travers without that that the Debtor was seised in fee of those lands at the time of the judgment ought not to be hindred because they say that long before the judgment aforesaid given in Form as aforesaid the said Edward late Earle of Derb. was seised of the said mannor of Sturmister Marshalls and Tenements in Fee and being so thereof seised and afterwards and before the judgment aforesaid to wit 12. Aprill An. 3. and 4. Ph. and Mary of the same mannor and Tenements infeoffed W. M. and I. E in Fee to the uses of H. S. Seignior Strange and Margaret for their Lives and the life of every of them and after their deaths to the use of the heires of the said H. of the body of the said M. begotten or to be begotten and for default of such heires males to the use of Edward Earle of Derb. and the heires of his body lawfully begotten and for default of such issue to those of the right heires of the said Edward Earle of Derb. a tout jours and shew that the said Henry and Margaret had issue the aforesaid Fardinand Earle of Darbey and died seised c. by which the said Fardinand entred and was seised in speciall Taile to wit c. And being so thereof seised the judgment aforesaid upon the said writ of Scire facias above specified was had against the same Fardinand then seised of the said Mannor and Tenements aforesaid with the appurtenances in his demesnes of Fee to wit to him and his heires males of his body lawfully proceeding And the same Fardinand being so thereof seised the same Fardinand after the judgment aforesaid given at Brackly aforesaid died of such his estate thereof seised without heire Male of his body lawfully proceeding without this that the said Fardinand late Earle of Derb. at the same Cr. Anim. An. 35. abovesaid was seised of the said Mannor of S. M. to the Tenements aforesaid with the appurtenances in S. M. in his demesnes of Fee as the same Earle of Bridgwater and Francis have before alleadged Travers and this they are ready to veryfie whereupon they pray judgment and their execution aforesaid against the same Earle of Bridgwater and Fr. of the Debt and Damages aforesaid of the tenements aforesaid with the appurtenances whereof the same Earle and Francis are above returned Tenants to them to be adjudged c. issue upon the Travers Issue upon the Travers and a ven fac awarded to the sheriff of Do. of the neighbourhood of Sturnister Marshall quaere if it ought not to have beene of the Mannor c. P 20. J. Rot. 2075. Buk ss Whereas Samuel Cowper and Iohn Sanders executors of the Testament of Antony Cowper Gent Entry of a Sci. Fac. against â—eâ—tâ—enants of lands c. tempore judiciireddit And divers tenants of divers lands a e retorned who came not and a writ of Elegit is awarded of the moyety of the lands whereof they were retorned tenants H 39. Eliz. rot 2336. lately in the Court of the Lord the King now to wit in Trinity Term An. 19. before Henry Horbert Knight and Baronet and his associates then Justices of the said Lord the King of the common Bench here to wit at We. by the consideration of the same Court had recovered against Ric. Gosnold late c. otherwise called R. G. of c aswell a certaine Debt of 40 l. as 60 l. which to the same S. and I. in the same Court of the King here were adjudged for their Damages which they had c. whereof he is convicted As by the Record c Execution neverthelesse c. And the same Richard is dead as by the information of the said Samuel and Iohn the King understandeth and because c. that by honest c. he should make knowne to the Tenants of the lands and Tenements in your Bayliwick whereof the same Richard was seised in his demesne as of Fee in Cr. S. Trin. last past on which day judgment aforesaid was given or at any time afterwards that they should be here at this day to wit Quinq Pas to shew if any thing c. wherefore the same Samuel and Io. Execution against them for the Debt and Damages aforesaid of the Lands and Tenements aforesaid ought not to have according to the Form of the recovery aforesaid if c. And now here at this day came the same S and I. by Iohn Andrews their attorney and offered themselves the fourth day against the Tenants of the Lands and Tenements which were of the said Richard at the time of the judgment aforesaid given or at any time afterwards in the same plea Scire fac to severall ter-tenants of divers lands and tenements 2. of whom make default And they being solemnly called came not and the sheriff to wit Iohn Denham Knight now retorneth that by G. B. and G. G. honest c. he make knowne to Eliz. G. widow Tenant of one capitall Messuage c. in Becconfeild aforesaid c. and also to one R. G. Gent. an other Tenant of one capitall Messuage or Farm c. And to Susanu G. and T. G. Tenants of one Messuage c. and to Thomas G. Gent. Tenant of one Messuage or Inn c. And also to one Ia. Necton Esq Tenant of one Messuage c. which were of the said Rich. Goswold in Fee-simple at the time of the judgment given and afterwards And hereupon the same Sam. and Io.