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A76070 The filacers office, or, The measne processe filacers make out before appearance, the nature and forms of their several writs, and the manner of their proceedings thereupon. Together with a table of their fees. Very usefull for all attorneys and practisers of the law, for the dispatch of their businesse in the filacers office. With an exact table, relating to all the matters herein contained. J. B. 1657 (1657) Wing B102; Thomason E1655_1; ESTC R208897 73,945 241

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Pear Trees of the price of every of them xii d. to the disheriting of the aforesaid C.D. and against the form of the proviso aforesaid Therefore the Sheriffe is commanded that in his proper person he go to the Tenements aforesaid wasted and there before him cause to come twelve c. by whom c. and who to the aforesaid C. and A. shall not be a Kinne c. to recognise upon their Oath what waste what sale and destruction the aforesaid A.B. hath made in the Tenements aforesaid and the inquisition which c. he certifie here in the morrow of All Souls under his seal c. and the Seal of c. A Writ of Petite Cape which is brought after appearance ss Oliver c. Greeting take into our hand 4 messuages with the appurtenances in T. which C.D. in our Court before our Justices at Westminster claimeth as his right against A. B. by our Writ of Formedon in descender for default of the said A. B. and Summon by good Summoners the aforesaid A. B. that he be before our Justices at Westminster in 8. dayes of St. Hillary to hear thereupon his Judgement and have you there the Summoners and this Writ witnesse c. The Entry thereof ss C.D. By R. B. his Attorney offered himself the 4th day against A. B. in a Plea of 4. messuages with the appurtenances in T. which the same C. D. in the Court of the Protector here claimeth as his right against the aforesaid A. B. by the Writ of the Lord Protector of Formedon in descender c. and he came not and he had thence day here even to this day to wit in eight dayes of St. Michael after he before had appeared here in Court therefore let the messuages aforesaid with the appurtenances be taken into the hand of the Lord Protector and the aforesaid A. B. Summoned that he be here in eight dayes of St. Hillary to hear his Judgement thereupon A Writ of Seisin upon a Petite Cape ss Oliver c. Greeting know you that C. D. in our Court before our Justices at Westminster hath recovered his Seisin against A. B. by default of the said A. B. of four messuages with the appurtenances in T. by our Writ of Formedon in descender And therefore we command you that to the same C.D. full Seisin of the Tenements aforesaid with the appurtenances without delay you cause to have and how this our Command shall be executed you make appear to our Justices at Westminster in eight dayes of St. Hillary and have you there this Writ witnesse c. The Entry thereof ss C.D. By R. N. his Attorney offered himself the 4th day against A. B. in a Plea of 4. messuages with the appurtenances in T. which the same C. in the Court of the Protector here claimeth as his right against the aforesaid A. by the Writ of the Lord Protector of Formedon in descender and he came not and he had thence day hereunto in 8. dayes of St. Michael in the year of the Lord 1654. after he before had appeared here in Court at which day the aforesaid A.B. made default so that then the Sheriff was commanded that he should take the Tenements aforesaid with the appurtenances into the hand of the Lord Protector c. and that he should Summon by good Summoners the aforesaid A.B. that he might be here at this day to wit in 8. dayes of St. Hillary to hear thereupon his Judgement c. and the Sheriffe returned that he took c. and that he Summoned c. Therefore it is ordered that the aforesaid C. recover his Seisin against the aforesaid A.B. of the Tenements aforesaid with the appurtenances by default c. and the aforesaid A. be in mercy c. A Writ of Withernam upon a Plur. Repleg ss Oliver c. Greeting whereas lately as oftentimes we have commanded you that justly and without delay you should cause to be replevied to T. D. his Cattle which R.M. took and unjustly detaineth as it is said according to the Tenor of our commands before thereupon to you directed or you your self should be before our Justices at Westminster in eight dayes of St. Hillary last past to shew wherefore our commands aforesaid so often thereof to you directed you contemned to execute yet you to our said Justices at Westminster at the aforesaid Term returned that long before the coming of our Writ aforesaid to you thence directed the aforesaid R. esloined the Cattle aforesaid to places to you unknown out of your Baily-wick so that the same cattle to the aforesaid T. D. you could not replevy according to the Tenor of our Writs aforesaid and for that we will to withstand so great an injury if it shall be committed and that which is just to be done to the aforesaid T. D. Therefore we command you that if the aforesaid T. D. shall secure you for prosecuting his Plaint and also for returning his Cattle aforesaid if return thereof shall be adjudged then put under security and safe pledges the aforesaid R.M. that he be before our Justices at Westm from the day of Easter in 15. dayes to answer to the aforesaid T. D. of the taking and unjustly detaining of the Cattle aforesaid and as well us of the contempt to us as to the aforesaid T.D. of the damages and injuries to him in his behalf done and in the mean time to the same T. D. his Cattle aforesaid without delay you cause to be replevied if you can And if you cannot then of the Cattle of the aforesaid R. M. you take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the same T. D. without delay you deliver to be by him detained untill to him his Cattle aforesaid you can replieve and have you there the names of the pledges and this Writ witnesse c. The Entry thereof ss The Sheriffe was commanded whereas lately as oftentimes the Protector had commanded the same Sheriffe that justly and without delay he should cause to be replevied to T. D. his Cattle which R.M. took and unjustly detaineth c. or to the Lord Protector the cause should signifie wherefore his command to the same Sheriffe directed he would not execute or could not and he having despised the Commands of the said Lord Protector to the aforesaid T. his Cattle hath not hitherto replevied or at least signified to the Lord Protector the cause wherefore he would not or could not do it to the manifest contempt of the said Lord Protector his commands and to the great damage and trouble of the said T. D. whereby the Lord Protector was injured very much and moved firmly injoyning the aforesaid Sheriffe that to the aforesaid T.D. his Cattle aforesaid he should cause to be replevied according to the Tenor of the commands of the Lord Protector before to him thereof directed or the same Sheriffe should be here at this day to wit from the day of
Easter in 15. dayes to shew wherefore the aforesaid commands of the said Lord Protector so often to him thereof directed he contemned to execute now here at this day came the aforesaid T. D. by J. N. his Attorney and the Sheriff returned that long before the coming of the Writ aforesaid of the Lord Protector to him thereof directed the aforesaid R. M. esloined the Cattle aforesaid to places to him unknown out of his Bayly-week so that the same Cattle to the aforesaid T. D. he could not replevy according to the Tenor of the Writs aforesaid and for that the Lord Protector willeth to withstand so great an injury if it shall be committed and that which is just to be done to the aforesaid T. D. Therefore the Sheriffe is commanded that if the same T. D. shall secure the said Sheriffe for prosecuting his Plaint also for returning the Cattle aforesaid if return thereof shall be adjudged that then he put under security and safe pledges the aforesaid R. M. that he be here in 8. dayes of the holy Trinity to answer the aforesaid T. D. of the damages and wrongs to him in this behalf done in the mean time to the same T. his Cattle aforesaid without delay he cause to be replevied if he can and if he cannot then of the Cattle of the aforesaid R. M. he take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the aforesaid T. without delay he deliver by him to be detained untill to him his Cattle aforesaid he can replevy c. A Writ of Adjournement made by the Filicer Oliver c. Greeting we command you that all and every our Writs Bills and precepts to you delivered or to be delivered before our Justices at Westminster in three weeks of St. Michael in the moneth of St. Michael and the morrow of all Souls next to come or in the mean time from the aforesaid three weeks unto any day returnable in your custody you retain and them have before our Justices at Westminster in the morrow of St. Martin next to come together with the Executions of the same and this Writ that our said Justices for the prosecution of the parties then may cause to be done that which of right and according to the Law and Custom of our Common-wealth of England ought to be done and in your next County thenceforth to be holden you cause publickly to be proclaimed that the parties in the same Writs Bills and Precepts their dayes before our said Justices in the aforesaid morrow of St. Martin observe witnesse c. The return of the Writ By virtue of this Writ to me directed all the Writs Bills and Precepts whereof within mention is made in my custody I have retained them I have before the Justices within written in the morrow of St. Martin within specified together with the Executions of the same and also at my County holden at G. in my County the day and year within written which said County was my next County after the within written tenth day of October I caused to be proclaimed that the parties in the Writs Bills and Precepts within specified their dayes before the Justices within written in the aforesaid morrow of St. Martin they observe as within ●o me is commanded C.D. Knight Sheriffe The Entry of a Non Process in a Writ of second deliverance ss The Sheriffe was commanded that if T. H. would secure him for prosecuting his Plaint and also for the returning of the Cattle which to C. T. in the Court of the Lord Protector here were adjudged by default of the said T. H. or for the price of the same if return thereof should be adjudged then to the same T. his Cattle aforesaid without delay he should cause to be delivered and should put under security and safe pledges the aforesaid C. T. that he might be here at this day to wit in 8. dayes of St. Hillary to answer the aforesaid T. H. of the taking of the Cattle aforesaid And now here at this day came the aforesaid C. T. by W.O. his Attorney and offered himself the 4th day against the aforesaid T. H. in the Plea aforesaid and he being solemnely exacted came not and was Plaintiffe and the Sheriff returned that the same C. T. found to the same Sheriffe pledges of prosecuting of haveing return to wit I. K. and K. O. and that the aforesaid C. T. is attached by pledges J.O. and A.B. Therefore it is ordered that the aforesaid T.H. and his pledges of prosecuting be in mercy c. and that the aforesaid C. T. go thence without day c. and that he have return of the Cattle aforesaid to be detained by him irrepledgeable for ever enquire the names of the pledges c. and how c. the Sheriffe make appear here in 8. dayes of the Purification of the blessed Virgin Mary c. A Writ of Distr against one and a Distr after Esloin against another in a Quare impedit ss Oliver c. Greeting we command you that you distrain Philip Champernon Esq Sheriff of the County aforesaid by all his Lands c. to answer William Kirkham Esq in a Plea that he together with Peter Maynwaren Clark permit the said William to present a fit person unto the Parish Church of the blessed Marie of Upton Pyne which is void and belongeth to his Donation as he saith and to hear his judgement for many defaults we also command you that you distrain the aforesaid Peter M. by all his Lands c. as above so that you have his body before our said Justices at Westminster at the aforesaid Term to answer the aforesaid W. together with the aforesaid Philip in the Plea aforesaid to shew wherefore he kept not the day to him given by his Esloin in our Court before our Justices at Westwinster in 8. dayes of St. Martine after he was attached and to hear his Judgement for many defaults and have you there c. T. c. The Entry thereof ss William Kirkham Esq by his Attorney offered himself the fourth day against P. C. Esq Sheriff of the County aforesaid and P.M. Clark in a Plea that they permit the said William to present a fit person to the Church of St. Marie of R. Upton Pyne which is void and belongeth to his Donation c. and they came not and the Coronor was commanded that he should attach the aforesaid Philip and the Cororonor returned that he is attached by Pledges R. O. and C. D. therefore they are in mercy c. and the aforesaid Peter had thence day given him by his Esloin here even to this day to wit in eight dayes of St. Martine after he was attached c. therefore let the same Philip and P. be distrained that they be here in eight dayes of St. Hillary c. A Pone after an Esloin and a Distr in one Writ in a quare impedit ss Oliver c.
in eight dayes of St. Michaell c. at which day here came the aforesaid Nich. and Alice by their Attorney aforesaid and the Sheriffe hath not Executed the Writ therefore as heretofore let the Tenements aforesaid with the appurtenances be taken into the hand of the Lord Protector c. And the aforesaid I. K. as heretofore be summoned that he be here in the morrow of All-Souls c. A Pone after an Essoin in Dower Oliver c. Greeting put under security and safe pledges C. D. that he be here c. as he saith and to shew wherefore he kept not the day to him given by his Essoin in our Court before our Justices at Westminster in eight dayes of the holy Trinity last past after he was summoned and have you there the names of them by whose view c. as before The Entry thereof ss In the Entry of the Writ aforesaid let it be made as before untill as before to Wit and he came not and he had thence day by his Essoin here unto this day to wit in eight dayes of the holy Trinity after he was summoned c. therefore let the tenements aforesaid with the appurtenances be taken into the hand of the Lord Protector c. And the aforesaid I. K. be summoned that he be here in eight dayes of St. Michaell c. A writ of view in Dower Oliver c. we command you that justly and without delay you cause C. D. to have view of one messuage with the appurtenances in T. whereof Q. who was the wife of F. G. in our Court before our Justices at Westminster claimeth the third part against him as her Dower by the endowment of the said F. G. heretofore her husband by our Writ of Dower whereof she hath nothing as she saieth and speak to 4. Knights of them that shal be present at that view that they be before our Justices at Westminster in eight dayes of St. Hillary to testifie that view and have you there the names of the 4 Knights and this Writ witness c. The Entry thereof ss Q. who was the wife of F. R. by N. M. her Attorney demandeth against C. D. the third part of one messuage with the Appurtenances in T. as her Dower by the endowment of the aforesaid F. heretofore her husband by a Writ of the Lord Protector of Dower whereof she hath nothing c. and the aforesaid C. D. by I. A. his Attorney came and demanded view of the messuage aforesaid with the appurtenances whereof c. let him have it c. day is given to the said parties here till in eight dayes of St. Hillary c. And in the mean time c. A Languidus upon a Capias ss 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 before our Justices here at this day to wit in eight dayes of St. Michaell to answer C. D. in a Plea that he render to him c. s. zz and now here at this day came the aforesaid C. D. by his Attorney c. as in other entryes unto and he came not and the Sheriffe returned that he took the body of the aforesaid A. B. which languished in prison and with so many and such infirmities in the same he is detained that without very great danger of death travaile or be carried he cannot when as it is witnessed in our Court here that the aforesaid A. B. is healthfull and sound and able to travaile therefore the Sheriffe is cōmanded that he have here from the day of St. Michaell in one moneth the body of the aforesaid A. B. to answer the aforesaid C. D. in the Plea aforesaid c. A habeas Corpus upon a Languidus ss Oliver c. We command you that you have before our Justices at Westminster from the day of St. Michaell in one moneth the body of A. B. late of T. c. whom by our precept you have taken and in your power detaineth who so languished in our prison of O. and with so many and such infirmities in the same grieved that without very great danger of death travaile or be carried he could not as your self returned to our Justices at Westminster in eight dayes of St. Michaell last past to answer C. D. in a Plea that he render to him c. s. zz And have you c. The Entry thereof ss The Sheriffe was commanded that he should have here at this day to wit from the day of St. Michaell in one moneth the body of A. B. late of c. whom by the precept of the Lord Protector he had taken and in his power did detain his body languishing in prison before the Justices here in eight dayes of St. Michaell last past he could not have insomuch that with so many and such infirmities in the same prison he was detained that without very great danger of death travaile or be carried he could not as the same Sheriffe at that day there returned to answer C. D. in a Plea that he render to him c. s. zz And now here at this day came the aforesaid C. D. by I. N. his Attorney and offered himself the 4th day against the aforesaid A. B. in the Plea aforesaid and the Sheriffe returned that the aforesaid A. B. as yet languisheth in the prison aforesaid therefore the body of the said A. B. before the Justices here at this day he cannot have insomuch that with so many and such infirmities and greifs in the same prison he is troubled that he cannot travaile or be carried without very great danger of death when as it is witnessed in the Court of the Protector here as the Protector had received by the Testimony of a creditable person that the aforesaid A. B. is sound and healthfull and able to travaile therefore the Sheriffe is commanded that he or his under Sheriffe be here in eight dayes of St. Martine bringing thither with him the aforesaid A. B. whether he shall be healthfull or infirme to answer the aforesaid C. D. in the Plea aforesaid and this under the pain of twenty pounds c. A Duces tecum upon the Entry ss Oliver c. whereas we lately commanded you that you should have before our Justices at Westminster in eight dayes of St. Hillary last past the body of A.B. late of c. whom by our precept you took to answer C. D. in a Plea that he the said A.B. render to him 100 s.zz And although the aforesaid A. B. be sound healthfull and able to travaile as by the Testimonie of a creditable person we have received you notwithstanding permittum the said A. B. to wander at large in the same eight dayes of St. Hillary returned that the same A. B. did languish in our prison under your custody so that the body of the said A. B. thereat that day you could not have insomuch that he