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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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day is given to the aforesaid John Gye here c. The Entry of a Writ of Ravishment of Ward ss The Sheriffe was commanded that if John Prior of Taunton John Soper would secure the said Sheriffe for prosecuting their Plaint then he should put under security and safe pledges R. C. late of c. that he might be here at this day to wit in the morrow of the purification of the blessed Virgin Mary to shew wherefore T. Prior Son Heir of N. P. being within age whose marriage unto the said John Prior and John Soper doth belong at Taunton found he Ravished and took away against the will of the said J. P. and J.S. against the peace of the Lord Protector now c. and that the same Sheriffe should diligently inquire where the said Heir might be in his bayly-Bayly-week and him wheresoever he might be found he should take and safely securely keep so that he might have him now here at this day came the aforesaid P. and J. by T.C. their Attorney offered themselves the 4th day against the aforesaid R. in the Plea aforesaid and he came not and the Sheriffe now returneth that he hath nothing c. and that the aforesaid T. is not found c. therefore let the aforesaid R. be taken that he be here from the day of Easter in 15 dayes and in the mean time he diligently enquire where the Heir is in his Bayly-week him wheresoever he shall be found he take and safely and securely keep so that him he may have at the aforesaid Term to be rendered to which of the aforesaid P. and John he ought to be rendered c. A distr in a Writ of Ravishment of a Ward Oliver c. To the Sheriffe Greeting we command you that you distrain as in another Writ to answer R.C. of a Plea wherefore A. Son and Heir of R.S. being within age whose marriage to the said R. and S. doth belong at S. found he Ravished and took away against the will of the said R. and S. and against our peace and to hear his judgment for many defaults and to shew wherefore he kept not the day to him given by his Esloign before our Justices at Westminster from the day of Easter in 15. dayes after he was attached and in the mean while you diligently enquire where the Heir is in your Bayly-week and him wheresoever he shall be found you take and safely and securely keep so that him you have before our said Justices at Westminster at the aforesaid Term to render to which of the aforesaid R. S. he ought to be rendered c. and have you there this Writ c. A Capias in Withernam upon an averia clongat on a Writ of Returno habendo Oliver c. To the Sheriffe Greeting whereas J.C. and T.D. were Summoned to be in our Court before our Justices at Westminster tali die to answer W. G. in a Plea wherefore they took the Cattle of the said W. and them unjustly detained against security and pledges as it is said the same W. afterward in our said Court made default whereby it was ordered in our said Court that the said W. and his pledges for prosecuting should be in mercy and the aforesaid J. and T. should go thence without day and that they should have return of the Cattle aforesaid whereupon by our Writ we have commanded that to the aforesaid J. and T. the Cattle aforesaid you should cause to be returned and them at the Plaint of the aforesaid W. you should not deliver without our Writ which of the aforesaid judgement expresse mention should make and how this our precept you had executed you should certifie to our Justices at Westminster from the day of St. Hillary in 15. dayes last past and you to our Justices at Westminster at that day did return that before the coming of the Writ aforesaid the Cattle aforesaid were Esloigned to places to you unknown by the aforesaid W. so that them to the aforesaid J. and T. you could not return as by that Writ you were commanded and therefore we command you that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam you take and them to the aforesaid J. T. you deliver to be detained by them untill the aforesaid Cattle first taken you can return and put under security and safe pledges the aforesaid W. that he be before our Justices at Westminster from the day of Easter in 15. dayes to answer as well us as the aforesaid T. and J. for the damages and injuries to them in this behalf done and have you there the names of the pledges and this writ T. c. The Entry thereof ss The Sheriff was commanded that whereas J.C. and T.D. were Summoned to be in the Court of the Protector here tali die to answer W. G. in a Plea wherefore they took the Cattle of the said W. and them unjustly detained against security and pledges c. the said W. afterward in the said Court made default for which it was ordered in the same Court that the said W. and his pledges for prosecuting should be in mercy and that the aforesaid J. and T. should go thence without day and that they should have return of the Cattle aforesaid whereupon the said Protector did command the said now Sheriff that to the aforesaid J. and T. the Cattle aforesaid he should cause to be returned and them at the Plaint of the aforesaid W. he should not deliver without the VVrit of the said Protector which of the aforesaid judgement expresse mention should make and how c. he should certifie to the Justices here at this day to wit in eight days of S. Hillary c. and now here at this day came the aforesaid J. and T. by E. P. their Attorney and the Sheriffe now returneth that before the coming of the Writ aforesaid the Cattle aforesaid were esloigned unto places to him unknown so that them to the aforesaid J. and T. he cannot return as by that Writ he was commanded c. therefore the Sheriffe is commanded that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam he take them to the aforesaid J. and T. he deliver to be detained by them untill the Cattle aforesaid first taken he can return and that he put under security and safe pledges the aforesaid W. that he be here in 8. dayes of the Purification of the blessed Virgin Mary to answer as well the Lord Protector for the contempt as the aforesaid J. and T. for the damages and injuries to them in this behalf done c. The Entry upon the return of a Nihil on the Writ of Withernam ss At which day here came the aforesaid R. by his Attorney and offered himself the 4th day against the aforesaid J. in the Plea aforesaid he came not
severalty by Meets Bounds without delay you cause to have and furthermore by the Oath of honest and lawfull men in your County you dilligently enquire whether the aforesaid W. M. did die seized of the Tenements aforesaid with the appurtenances in his demeasne as of Fee-simple or Fee-tail and after that by that inquisition you shall so finde it then by their Oath you diligently inquire how much those Tenements with the appurtenances are worth by the year in all profits besides reprizes according to the true value of the same and how much time is elapsed from the time of the death of the aforesaid William and also what damages the aforesaid T.R. and E. have sustained as well by occasion of the detention of the Dower aforesaid as for the costs and charges by them about their suite in this behalf laid out and the inquisition which thereof you shall make under your seal and the seal of them by whose Oath you shall make that inquisition you certifie to our Justices at Westminster from the day of the holy Trinity in three weeks and have you there this Writ T. c. A Writ of Pone in Partition Oliver c. To the Sheriffe Greeting put under security safe pledges W. A. and J. his wife that they may be before our Justices at Westminster c. to answer T. W. and M. his wife in a Plea wherefore whereas T. and M. together undivided do hold one messuage one Garden c. with the appurtenances in Gistingham the same W. and J. partition thereof among them according to the form of the Statute in this case provided to be made do gain-say and it to be done do not permit unjustly and against the form of the Statute aforesaid as it is said and to shew wherefore they were not before our Justices at Westminster from the day of Easter in 15. dayes last past as they were Summoned and have you there the names of the pledges and this Writ c. A Writ of Pone in Warrantia Chartae Oliver c. To the Sheriffe Greeting put under security safe pledges J. R. and T. P. that they be before our Justices at Westminster in the morrow of the holy Trinity to answer J.D. in a Plea that they Warrant to him thirteen Acres of Land with the appurtenances in W. which he holdeth and of them to hold claimeth and of whom he hath his Charter as he saith and to shew wherefore they were not before our Justices at Westminster from the day of Easter in 15. dayes last past as they were Summoned and have you there the names of the pledges and this Writ c. A Writ of Habeas Corpus Oliver c. To the Sheriff Greeting we command you that you have before our Justices at Westminster from the day of St. Michael in 15. dayes the body of W. J. late of c. whom by our command you have taken and in your custody do detain as your self to our Justices at Westminster from the day of the holy Trinity in 15. dayes last past have returned to answer R.S. in a Plea that he render to him fourty shillings which to him he oweth and unjustly detaineth as he saith and have you there this Writ T. c. The Entry thereof ss The Sheriffe was commanded that he should take W. J. late of c. if c. and safely c. so that he might have his body here at this day to wit from the day of the holy Trinity in fifteen dayes to answer R. S. in a Plea that he render to him fourty shillings which to him he oweth and unjustly detaineth c. and now here at this day came the aforesaid R. by W. B. his Attorney and offered himself the 4th day against the aforesaid W. J. in the Plea aforesaid and he came not and the Sheriffe now returneth that he took the body of the aforesaid J. whose said body here at this day he hath ready and because the said Sheriffe the body of the aforesaid J. now here hath not therefore the said Sheriff to wit N.B. Esq is in mercy and is amearced by the Justices here to fourty shillings in mercy xl.s. the same Sheriff is commanded that he have here from the day of St. Michael in 15. dayes the body of the aforesaid J. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Capias pro sine upon a Rescus Oliver c. To the Sheriffe Greeting we command you that you omit not for any liberty of your County but take T. W. late of c. if he shall be found in your Bayly-week and him safely keep so that you may have his body before our Justices at Westminster in eight dayes of St. Michael to answer as well us for certain Trespasses Rescues and Contempts by you before our Justices at Westminster in the morrow of the holy Trinity last past returned as William Game in a Plea that he render to him one hundred shillings which to him he oweth and unjustly detaineth as he saith and have you there this Writ T. c. The Entery thereof ss T.D. Esq Bayliffe of the Liberty of E. in the County aforesaid by his Attorney offered himself the 4th day against T. VV. late of B. in the County aforesaid c. with an alius dictus in a Plea that he together with S. F. late of c. render to him xx l. which to him they owe and unjustly detained c. and he came not and as heretofore 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 the morrow of the holy Trinity c. and the Sheriffe now returneth that he by virtue of the VVrit of the Lord Protector to him thereof directed the third day of June in the year of our Lord 1654. at Marleford in his bayly-Bayly-week to wit within the County of Norfolk aforesaid took the body of the aforesaid T. VV. and the said T. in his custody by virtue of the VVrit aforesaid then and there had kept untill afterward to wit the same third day of June in the year of our Lord 1654. aforesaid the same T. VV. of K. in the said County of Norf. haveing gathered together to him very many malefactors and disturbers of the peace of the now Lord Protector with force and arms on the aforesaid Sheriff together with the aforesaid malefactors an assault and affray did make and the aforesaid Sheriffe did beat wound and evil entreat so that of his life it was despaired and the said Thomas and the malefactors the aforesaid Thomas from the custody of the said Sheriffe with force and arms aforesaid took and rescued whereby the said T. at large whether he would against the will of the said Sheriff escaped out against the peace of the said Lord Protector afterward the said Thomas was not to be found in
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-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.
his bayly-Bayly-week Therefore it is commanded to the Sheriffe that he omit not for any Liberty of his County aforesaid but he take the aforesaid T.W. if c. and safely c. so that he may have his body here in 8. dayes of St. Michael to answer the said Lord Protector of the rescues trespasses and contempts aforesaid c. The Entry of a Retorn Habend ss John Scot by his Attorney offered himself the 4th day against Thomas Smart in a Plea wherefore the same John took the Cattle of the said Thomas and them unjustly detained against security and pledges c. and he being solemnely exacted came not and was Plaintiffe c. Therefore it is ordered that the said Thomas and his pledges for prosecuting be in mercy c. that the aforesaid John go thence without day and that he have return of the Cattle aforesaid c. enquire the names of the pledges c. and how c. the Sheriffe make appear here in eight dayes of St. Michael c. Habere facias seisinand Oliver c. To the Sheriffe of Cambridge Greeting know you that Rich. Paterick and Dorothy his wife in our Court before our Justices at Westminster have recovered their seisin against John Street of the third part of one messuage with the appurtenances in O. as the Dower of the said Dorothy by the endowment of Henry Street heretofore her husband by our Writ of Dower whereof she hath nothing by the default of the said John and therefore we command you that ●o the same Richard and Dorothy plenary seisin of the third part aforesaid with the appurtenances without delay you cause to have to be held in severalty by Meets and Bounds we command you also that by the Oath of honest lawfull men of your County you diligently inquire whether the aforesaid Henry died seised of the Tenements aforesaid with the appurtenances in his demeasne as of Fee-simple or of Fee-tail if you shall finde it so then by their Oath you diligently enquire how much those Tenements are worth by the year in all profits besides Reprizes according to the true value of the same and how much time is elapsed from the time of the death of the said Henry and what damages the aforesaid Richard and Dorothy have sustained by occasion of the detention of the Dower aforesaid and how this our Writ you shall execute you make appear to our Justices at Westminster in 8. dayes of St. Michael under your Seal and the Seal of them by whose Oath that inquisition you shall make and have you there this Writ c. The Entry thereof ss Richard Paterick and Dorothy his wife by Matthew Wallingham their Attorney offered themselves the fourth day against John Strete in a Plea of the third part of one messuage with the appurtenances in O. which the same Richard and Dorothy in the Court of the Lord Protector now at the Town of A. in the County of Hertf. claim as the Dower of the said Dorothy by the endowment of Henry Strete heretofore her husband by the Writ of the Lord Protector of Dower whereof she hath nothing and he came not and hath made default here to wit from the day of Easter in 15. dayes last past after he was Summoned c. so that then the Sheriffe was commanded that he should take the third part aforesaid with the appurtenances into the hand of the Lord Protector and day c. that he should Summon by good Summoners the aforesaid John that he might be here at this day to wit from the day of the holy Trinity in three weeks then next following to answer the aforesaid Richard and Dorothy as well of the principal Plea as of the default aforesaid and the Sheriffe now doth testifie the day of the taking H. aforesaid c. and that he hath Summoned c. Therefore it is ordered that the aforesaid Richard and Dorothy recover against the aforesaid John their seisin of the third part aforesaid with the appurtenances by default c. and the said John be in mercie c. and hereupon the aforesaid Richard and Dorothy pray the Writ of the Lord Protector to the Sheriffe of the County aforesaid to be directed of causing plenary seisin to them to have of the third part aforesaid with the appurtenances to be held by them in severalty by meets and bounds and it is granted them returnable here in 8. dayes of St. Michael c. and also the said Richard Dorothy say that the aforesaid Henry died seized of the Tenements aforesaid with the appurtenances in his demeasne as of Fee and pray the Writ of the Lord Protector to enquire of damages c. and to them it is granted returnable here at the aforesaid Term c. The Entry of a Summons in severance upon an Alias Capias ss The Sheriffs were commanded as heretofore that they should take Robert Godfrey late of c. and William Cornwallis late of c. if c. and safely c. so that they might have their bodies here at this day to wit in the morrow of the holy Trinity to answer Francis Wyndam Michael Stanhope Edw. Cook and Miles Corbet Executors of the Testament of Roger Towns●end Knight lately called Rogeri Towns-hend de East Rainham in Com. predict Armig. in a Plea that the aforesaid Robert render to them three hundred pounds and in a Plea that the aforesaid William render to them two hundred Marks which from them they unjustly detain c. now here at this day came the aforesaid Michael Miles by Stephen Drewry their Attorney and the aforesaid Francis and Edward the fourth day of the Plea being solemnely called came not hereupon the aforesaid Michael and Miles offered themselves the fourth day against the aforesaid Robert William in the Plea aforesaid they came not and the Sheriffe now returneth that they are not found c. therefore as many times let them be taken that they be here from the day of the holy Trinity in three weeks c. and the Sheriffe is commanded that he Summon by good Summoners the aforesaid Francis and Edward that they be here at the aforesaid Term to prosecute against the aforesaid Robert and William together with the aforesaid Michael and Miles their Plea aforesaid if c. The Entry of a Summons in severance upon a Plur. Cap. It was commanded to the Sheriffe as many times that he should take Christopher Heydon late of c. Robert Jervis late of c. if c. and safely c. so that he might have their bodies here at this day to wit from the day of the holy Trinity in three weeks to answer Francis Wyndham Michael Stanhope Edward Cook and Miles Corbet Executors c. in a Plea that he render to them c. which from them they unjustly detain c. and now here at this day came as well the aforesaid Michael Stanhope and Miles Corbet by Stephen
laid in the County of Kent Southampton York Stafford or Dorset where the Town and County lieth and the Recognizance to be taken accordingly That the principal rendring himself at any time after Bail put in and before or upon the day of appearance of the scire facias returned scire feci or of the second scire facias returned nihil or in case there shall be an action of debt brought upon the Recognizance against the Bail then if the principal shall render himself upon or before the processe returned served no further proceedings to be against the Bail The new Orders concerning appearances That appearances be duely entred with the Filacers but if special Bail be requirable in the case the Plaintiffe not to be concluded by such appearances if he insist upon it That where an appearance is upon the Original Writ if the Defendants appearance be not entred of Record the Defendants Attorney to give his hand to the Plaintiffs Attorney upon the delivery of the Declaration that he appeareth thereunto That any Attorney of either Bench accepting a Warrant to appear or subscribing a Processe Declaration or Warrant to appear be compelled to cause appearance or be liable to an attachment or put out of the Role as the case requires and the party not to be received to countermaund such appearance after his retainer c. That if a Capias be returned in Court non est inventus against a Prisoner in the Fleet he is compellable to appear upon a habeas Corpus ad respondendum as well at the suite of a stranger as at his suite whereupon he is imprisoned and to answer to a Declaration according to the rule of the Court or that judgement be entred against him c. with many other Orders which tendeth not to our purpose Having thus gone through the greatest part of the course of the Filacers Office and the nature of their Writs I shall now in order set down their Fees they take for their Writs and the entry of them The Filacers Fees Inprimis For every Capias alias and plures in debt detinue and trespasse not having more then 4. names in a Writ and entry thereof 6. d. If there be above 5. names it is double and you pay for it 1. s. Item For delivery of every first Capias upon Record and entry thereof 4. d. Item For every Testatum upon any the said Writs pone in Replevine and Summons 1. s. Item For every Capias alias and plures in account Covenant Annunity Ejectione firme and upon penal Statutes 1. s. Item For every Writ in an Action upon the case if it contains not 10. lines 1. s. But if it contains 10. lines you pay six pence more if 15. lines 12. pence more so that they reckon for every 5. lines after the first 5. lines if the Action of the case contained 10. lines or more 6. d. Item For every Retorno habendo and second deliverance before appearance and entry thereof 2 s 6.d Item For every non Omittas and Capias in Withernham 2 s 6.d Item For every Writ of Partition War Item For every writ for enquiry of dammages in reall actions Scire facias and Supersedeas 2 s Item For every grand Cape alias summons petite cape and entrie thereof 2. s. 6. d Item for the Copie of the entry thereof 8. d. Item For the demandant in every writ of view and entry thereof 2 s 6.d Item For a Copie of the entrie thereof 8. d. Item For every writ of Seisin and entry thereof 4. s. 6. d. Item For the view prayer 2 s Item For a Copie of the entry thereof 8. d. Item For every writ of habeas Corpus duc coram distring nuper vic and distring ballivum 2. s. Item For every writ of rescous and entry thereof 2. s. Item For the entry of every adjournment discontinuance and resort 4. d. Item For every speciall baile and the entry thereof 2. s. 10. d. Item For every appearance in reall and mixt Actions 4. d. Item Upon every appearance upon writs to arrest and the entry thereof 1 s Item For searches Copies number Rols and giving of Rules each of them 4. d. THE FORMES OF THEIR SEVERAL WRITS AND THE ENTRIES THEREOF A Capias in debte against one defendant only OLIVER Lord Protector c. To the Sheriffe of Middlesex greeting we command you that you take A. B. late of c. if he shal be found in your bailywick and him safely keep so that you may have his body before our Justices of the Common Bench at Westminster tali die to answer I. P. in a Plea that he render unto him 40. pounds which to him he oweth and unjustly detaineth as it is said And have you there this writ witnesse O. St. John at Westminster the 23 day of Ja. In the year of our Lord 1654. The entry Thereof Mid. ss I.P. by his Attorney offered himself the 4th day against A.B. late of c. in a Plea that he render to him 40 l. which to him he oweth unjustly detaineth c. And he came not and the Sheriffe was commanded to summon him c. the Sheriffe returns to that he hath nothing c. therefore let him be taken that he may be here from the day of St. Michael in three weeks And the writ is delivered upon Record c. An alias Capias Oliver c. as above we command you as heretofore we commanded you that you take c. ut supra ad finem The entrie Thereof I. P. by his Attorney offered himself the 4th day c. as above untill and he came not and the Sheriffe was commanded to take him c. And the Sheriffe returned that he is not found c. Therefore as heretofore he was been commanded let him be taken that he may be here in the morrow of All-Souls c. A plures Capias Oliver c. we command you as often times we commanded you that you take c as above to the end c. The entry thereof M. ss I.P. by his Attorney offered himself the 4th day c. as above untill and he came not And as heretofore the Sheriffe was cōmanded to take him c And the Sheriffe returned that he is not found c. Therefore as often times he hath been commanded let him be taken that he may be here from the day of St. Martins in 15. dayes c. The entry of a Capias al. Capias and plures Capias all in one roll I. P. by his Attorney offered himself the 4th day against A. B. late of c. in a Plea that he render to him twenty pounds which to him he oweth and unjustly detaineth c. And he came not and the Sheriffe was commanded that he should summon him c. And the Sheriffe returned that he hath nothing c. Therefore let him betaken that he may be here in the morrow of All-Souls c. And the Writ is delivered
upon record at which day here came the aforesaid I. P. by his Attorney and proffered himself the 4th day against the said A. B. in the Plea aforesaid and he came not and the Sheriffe was commanded to take him c. And the Sheriffe returned that he is not found c. Therefore as heretofore let him be taken that he may be here from the day of St. Martin in 15. daies c. At which day here came the aforesaid I. P. by his Attorney and proffered himself the 4th day against the said A. B. in the Plea aforesaid and he came not and as heretofore the Sheriffe was commanded to take him c. And the Sheriffe returned that he is not found c. Therefore as often times he hath been commanded let him be taken that he may be here in Eight dayes of St. Hillary c. A Capias in trespass Oliver Lord Protector c. as in others unto in a Plea wherefore with force and armes the Close of the said A. at L. he brake and other wrongs to him did to the great dammage of the said A. B. and against the publick peace And have you there this writ witnesse O. St. John at Westminster the _____ day of _____ In the year of our Lord 1654. The entry thereof I. P. by his Attorney offered himself the 4th day against A. B. late of c. in a Plea wherefore with force and armes the Close of the said I. at C. he break and other wrongs c. to the great dammage c. And against the pub peace c. and he came not And the Sheriffe was commanded to attach him c. And the Sheriffe returned that he hath nothing c. as it followeth in others before A Capias in Assault and Battery Oliver Lord Protector c. as in others unto wherefore with force and armes upon him the said I. at C. he made an assault and him did beat wound and evill intreat so that of his life it was despaired and other wrongs to him did c. as in the next before The entry thereof against severall defendants If there be two defendants in debt then thus proffered himself the 4th day against A. B. late of c. and against C. D. late of c. in a Plea that each of them if there be three or more defendants then in a Plea that every of them render to him 40l which they owe him and unjustly detain c. The entry against defendants in severall Sums If the Sums are severall then thus against A. B. late of c. in a Plea that he render to him twentie pounds and against C. D. late of c. in a Plea that he render to him 10l which they owe him and unjustly detain c. Against an executour and another defendant If against an Executor or administrator and another defendant then thus against A. B. late of c. Executor of the Testament c. in a Plea that he render unto him 20l. which he unjustly detaineth c. And against C. D. late of c. in a Plea that he render unto him 20l. which to him he oweth him and unjustly detaineth c. Testat Capias Oliver c. to the Sheriffe of Worcester greeting we command you that you take A.B. late of c. as in other Capias unto as it is said and for that the Sheriffes of London have certified to our said Justices at Westminster tali die last past that the said A. B. is not found their bailywick when as it is witnessed in our said Court that he doth lurk wander and lie hid in your Countie and have you there this writ c. The entry thereof I. P. by his Attorney offered himself the 4th day c. as in others unto and he came not and the Sheriffs were commanded to summon him and the Sheriffs returned that he hath nothing c. therefore let him be taken that he may be here in the morrow of All-Souls c. And the writ is delivered upon record at which day here came the aforesaid I. P. by his Attorney and offered himself the 4th day against the said A. B. in the Plea aforesaid and he came not and the Sheriffes were commanded to take him c. And the Sheriffes returned that he is not found c. and thereupon it is witnessed here in Court that the said A. B. doth lurk wander and lie hid in the County of Worcester therefore the Sheriffe of Worcester is commanded to take the said A. B. if he shall be found in his bailywick and him safely keep so that he may have his body there tali die to answer the said I. P. in the Plea aforesaid c. A Capias in Ejectment Write as in another Capias till you come to of a Plea wherefore by force and armes two messuages one garden eight Acres of land two Acres of meadow and three Acres of pasture with the appurtenances in H. which R. C. to the aforesaid T. P. did demise for a Term which is not yet past did enter and him the said T. P. from his farm aforesaid he did eject and other harms to him he did to the great dammage of him the said T. P. and against the publick peace c. The entry is as in another Capias in trespas mutatis mutandis And if you cannot arrest upon the Capias you may as in other actions proceed to the outlary A Capias in an Action of trover As in another Capias till you come to in a Plea wherefore with force and armes the Cattle of the said L. to the value of twenty pounds at London lately found he did take and carry away and other enormities c. The entrie is as in another Capias mutatis mutandis A Capias upon the statute of Bankrupt where the Assignee sues one of the Bankrupts debtors As in another Capias untill you come to in a Plea that he render unto B. Assignee of the goods and Chattells of W. S. Bankrupt according to the form of the statute in such case made and provided two hundred pounds which he oweth him and unjustly detaineth as it is said and have you there this writ c. The entry is as in another Capias In a Capias at the suit of an heire or against an heire you must say at the end of the Plea which he oweth him and unjustly detaineth as it is said in the addition of him in either of the cases you must mention in your Capias that he is heire and whose heir he is or else the writ will abate A Pone in debt Oliver Lord Protector c. Put under security and safe pledges A. B. late of c. that he be before our Justices of the Common Bench at Westminster from the day of Easter in 15. dayes to answer C. D. of a Plea that he render to him 40l which to him he oweth and unjustly detaineth as it is said and to
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
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
Entry thereof ss The Sheriffe was commanded that he should Summon by good Summoners C. D. of Dale in the County aforesaid Yeoman that he might be here at this day to wit in the morrow of all Souls to answer A.B. in a Plea that he render to him 40. s. which he to him oweth and unjustly detaineth c. And now here at this day came the aforesaid A. B. by G. D. his Attorney and the Sheriffe returned that the same A. B. did not finde for him pledges for prosecuting c. And hereupon let the aforesaid A. B. here in Court finde pledges for persecuting his Plaint to wit John Den Richard Fen. Therefore as heretofore the Sheriff is commanded that he Summon by good Summoners the aforesaid G.D. that he be here in 8. dayes of St. Hillary to answer the aforesaid A. B. in the Plea aforesaid c. The Entry of a Writ of Debt against two Executors where they were Summoned the Sheriffe returns the one Essoined and the other to have nothing a Distr against the one and a Capias against the other ss C. D. By his Attorney offered himself the 4. day against T. B. of c. and G.B. of c. Executors of the Testament of John C. in a Plea that they render to him 100. s. which from him they unjustly detain c. and they came not and the aforesaid T. B. had from thence day by his Essoin here unto this day to wit in 8. dayes of St. Hillary after he was Summoned Therefore let him be distrained that he be here in 8. dayes of the Purification of the blessed Virgin Marie c. And the Sheriff was commanded that he should distrain the aforesaid G.B. c. and the Sheriffe returned that he hath nothing c. therefore let him be taken that he be here at the aforesaid Term c. An Entry in Debt brought by one Executor against another upon the Summons to prosecute together the Sheriff returns to the Capias he is not found upon which another Capias is brought And hath a Summons on which he returns a Tarde c. upon which is brought an Alias Summons The Sheriffe was commanded that he should take A. B. late of T. c. if c. so that he might have his body hereat this day to wit in the morrow of all Souls to answer C.D. and G.F. Executors of the Testament of J. H. in a Plea that he render to them 100. s. which from them they unjustly detain c. And also that he should Summon by good Summoners the aforesaid G.F. that he might be here at the aforesaid term to prosecute against the aforesaid A.B. his Plea aforesaid with the aforesaid C. D. if c. And the aforesaid A.B. came not and the Sheriff returned that he is not found c. Therefore as heretofore let him be taken that he be here from the day of St. Martine in 15. dayes c. And as to the Summoning of the aforesaid G. F. the Sheriffe returned that the Writ thereof came so late c. Therefore as heretofore let him be Summoned that he be here at the aforesaid Term to prosecute against the aforesaid A.B. his Plea aforesaid together with the aforesaid C. D. if c. In Debt against the one Executor upon the Summons to prosecute together the Executor makes default upon which the other sueth alone The Sheriffe as heretofore was commanded that he should take A. B. late of T. c. if c. and safely c. so that he might have his body here at this day to wit from the day of St. Martine in 15. dayes to answer C.D. and G.F. Executors of the Testament of G.H. in a Plea that he render to them 100. s. which from them he unjustly detaineth c. And also as heretofore that he should Summon by good Summoners the aforesaid G. F. that he might be here at the aforesaid Term to prosecute against the aforesaid A. B. his Plea aforesaid together with the aforesaid C.D. if c. And now here at this day came the aforesaid C. D. by A. B. his Attorney the aforesaid G.F. the 4th day of the Plea being solemnly exacted came not and was Summoned c. Therefore it is ordered that the aforesaid C.D. prosecute alone without the aforesaid G.F. against the aforesaid A. B. his Plea aforesaid and hereupon the same C. offered himself the 4. day against the aforesaid A.B. in the Plea aforesaid and he came not and the Sheriffe returned that he is not found c. Therefore as often times let him be taken that he be here in 8. dayes of St. Hillary to answer the aforesaid C. D. in the Plea aforesaid c. Nonsuit in a Replevin and the awarding of the Writ of second deliverance ss C.D. by his Attorney offered himself the 4. day against A. B. in a Plea wherefore the same C.D. took the Cattle of the said A. B. and them unjustly detained against security and pledges c. And he being solemnely exacted came not was Plaintiffe c. Therefore it is ordered that the aforesaid C. D. go thence without day c. and the aforesaid A.B. and his pledges for prosecuting be in mercy c. enquire the names of the pledges c. the aforesaid C. D. have return of the Cattle aforesaid c. and in what manner c. the Sheriffe make appear to the Justices here in 8. dayes of St. Hillary c. and afterward to wit tali die and Anno came here in Court the aforesaid A. B. by Th. N. his Attorney and by the Statute c. he prayed a Writ of the Lord Protector of second deliverance of the Cattle aforesaid and it is granted to him returnable here in eight dayes of the Purification of the blessed Virgin Marie Note that if the Defendant brings not the Writ of Retorno habendo within a year after the non Processe then he shall be compelled to sue out a scire facias A Latitat to the Chancellour of the County Pallatine of Chester which was formerly used ss Oliver c. To our Chancelour of our County Pallatine of Chester or to him that holdeth his place there Greeting we command you that by our Writ under the Seal of our County Pallatine aforesaid duly to be made you to command the Sheriffe of the County Pallatine aforesaid that he take R. I. c. as in a Testatum c. Habere facias seisinam upon Recovery in a Writ of Dower by default ss Oliver c. To the Sheriffe of Middles Greeting know you that C. D. and A. his wife who was the wife of A. B. in our Court before our Justices at Westminster have recovered their seisin against A.B. of the third part of one messuage with the appurtenances in S. by our Writ of Dower whereof she hath nothing by the endowment of the aforesaid A. in time past the husband of the aforesaid Alice wife of
the said C.D. by default of the said A. B. And therefore we command you that to the same C. and A. full seisin of the third part aforesaid with the appurtenances to be held by them in severalty by meets and bounds you cause to have and to be assigned and how you shall execute this our command you make appear to our Justices at Westminster from the day of the holy Trinity in 15. dayes and have you there this Writ witnesse c. The Entry of seisin in Dower upon a Grand-Cape by default of the Tennant ss C. D. and A. his wife who was the wife of R. B. by N. M. their Attorney offered themselves the 4. day against A. B. in a Plea of the third part of one message with the appurtenances in S. which the same C. and A. in the Court of the Protector here claim as the Dower of the said A. by a Writ of the Lord Protector of Dower whereof she hath nothing by the Default of the said A. B. c. and he came not and he heretofore made default here to wit in 8. dayes of St. Michael last past after he was Summoned c. so that then the Sheriffe was commanded that he should take the third part aforesaid with the appurtenances into the hand of the Lord Protector and day c. and that he should Summon by good Summoners the aforesaid A. B. that he should be here at this day to wit in the morrow of all Souls to answer the aforesaid C. D. and A. as well of the principal Plea as of the default aforesaid c. And the Sheriffe now doth testifie the day of the taking c. and that he Summoned c. Therefore it is ordered that the aforesaid C. and A. his wife recover their seisin of the third part aforesaid with the appurtenances against the aforesaid A.B. by default c. and the aforesaid A.B. be in mercy c. A return of a Grand-Cape ss By virtue of this Writ to me directed I have the 10. day of May in the year within written taken into the hand of the Lord Protector the third part of the Tenements within specified with the appurtenances by the view of J.T. R.H. lawfull men of my County as within to me is commanded Summoners of the within written A.B. Jo. Roo Rich. Roo Respons T.M. militis vic A Writ to enquire of Wast ss Oliver c. Greeting whereas lately we commanded you that you should distrain A.B. by all his Lands Cattles in your bayly-week so that neither he nor any for him should lay hands thereupon untill you should receive further command from us that of the profits thereof you should answer us so that you might have his body before our Justices at Westminster in eight dayes of St. Michael to answer C. D. in a Plea wherefore whereas by the Common Council of our Common-wealth of England it is provided that it shall not be lawful for any one to make wast sale or destruction of Lands Houses Woods or Gardens to him demised for Term of life or years the same A. B. of the Houses Woods and Gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste sale and destruction to the disheriting of the said C. and against the form of the aforesaid provisor the same A. in our said Court at that day made default so that by a Statute in this like case provided it was ordered in our said Court that in your proper person you should go unto the Tenements aforesaid wasted to wit unto one messuage and ten Acres of Wood with the appurtenances in T. and there you should enquire of the waste done in the same And therefore we command you that in your proper person you go to the Tenements aforesaid wasted before you there you cause to come twelv as well Knights as other free lawfull men of that vicinage by whom the truth of the matter may the better be known and who are not a Kinne to the aforesaid C. and A. and by the Oath of them you diligently enquire what wast what sale and destruction the aforesaid A. hath made in the Tenements aforesaid to wit by suffering in the message aforesaid one Hall of the price of a hundred shillings and one Barn of the price of 10. l. to stand and to be uncovered whereby the sound Timber of the same houses by the rainy tempests upon them falling become rotten and corrupt and the houses by reason of the corruption of that Timber are endangered with ruin by cutting down also burning in the wood there ten Oaks of the price of every of them xx d. and in the Garden there 40. 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 provisoe aforesaid the inquisition which thereupon you shall make you certifie to our Justices at Westminster in the morrow of all Souls under your Seal and the Seals of them by whose Oath you shall make that inquisition and have you there the names of them by whose Oath you shall make the inquisition and this Writ witnesse c. The Entry of the Writ aforesaid ss C. D. By his Attorney offered himself the fourth day against A. B. in a Plea wherefore whereas by the Common Council of the Common-wealth of the Lord Protector of England it is provided that it may not be lawfull for any one to make waste sale or destruction of lands houses woods or gardens to him demised for term of life or years the same A. B. of the houses woods and gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste sale and destruction to the disheriting of the said C. D. and against the form of the proviso aforesaid and he came not and the Sheriffe was commanded that he should distrain him c. and the Sheriffe returned that he is distrained by Cattle to the value of ten shillings and is main-prised by S. and N. therefore they are in mercy c. and hereupon the said C. D. saith that he the first day of April in the year of our 1652. at T. demised to the aforesaid A. B. one messuage ten Acres of Wood and one Garden with the appurtenances in T. for term of his life the same A.B. made waste sale and destructiō in the messuage Wood and Garden aforesaid to wit by suffering in the messuage aforesaid one Hall of the price of 10. l. and one Barn of the price of 10. l. to stand and to be uncovered whereby the sound Timber of the same Houses by rainy Tempests upon them falling becometh rotten and corrupt and the Houses by reason of the corruption of that Timber are endangered with ruin by cutting down also and burning in the Wood aforesaid ten Oaks of the price of every of them xx d. and in the Garden aforesaid 40.
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
and the Sheriffe now returneth that there are no Cattle of the aforesaid J. in his Bayly-week which in Withernam he can take and deliver to the aforesaid R. to the value of the Cattle aforesaid first taken as he is commanded and that the aforesaid J. hath nothing c. therefore let him be taken that he be here from the day of Easter in 15. dayes And hereupon continuation and processe as in the Capias before A Writ of Capias upon a Writ of Withernam Oliver c. To the Sheriffe Greeting whereas R. W. was Summoned to be in our Court before our Justices at Westminster to answer T. H. in a Plea wherefore he took the Cattle of the said T. and them unjustly detained a-against security and pledges as it is said the same T. afterward in our said Court made default for which it was ordered there that he and his pledges for prosecuting should be in mercy and that the aforesaid R. should go thence without day and that he should have return of the Cattle aforesaid whereupon by our writ we commanded you that to the aforesaid R. the Cattle aforesaid you should cause to be returned and them at the Plaint of the aforesaid T. you should not deliver without our Writ which of the aforesaid judgement expresse mention should make how that our precept you had executed you should certifie to our Justices at Westminster in eight dayes of the holy Trinity last past and you to our Justices at Westminster at that day did return that before the coming of the Writ aforesaid the Cattle aforesaid were esloigned to places to you unknown by the aforesaid T. so that them to the aforesaid R. you could not return as by that writ you were commanded whereupon we commanded you that of the Cattle of the aforesaid T. to the value of his Cattle aforesaid first taken in Withernam you should take and them to the aforesaid R. you should deliver to be detained untill the Cattle aforesaid first taken to the same R. you could return and that you should put under security and safe pledges the aforesaid T. that he might be before our said Justices at Westminster in eight dayes of St. Michael then next ensuing to answer as well us of the contempt to us as the aforesaid R. of the damages and injuries to him in this behalf done and you to our Justices at Westminster at hath day returned that the aforesaid T. had no Cattle in your Bayly-week which in Withernam you could take and them to the aforesaid R. could deliver as by that Writ you were commanded and that the aforesaid T. had nothing in your Bayly-week whereby he can be attached And therefore we command you that you take the aforesaid T. if he shall be found in your Bayly-week and him safely keep so that you may have his body before our Justices at Westminster in eight dayes of St. Hillary to answer as well us of the contempt to us as the aforesaid R. of the damages and injuries to him in this behalf done and have you there this Writ T. c. The Entry thereof ss The Sheriffe was commanded that whereas R. W. was Summoned to be in the Court of the Protector here to answer T. H. in a Plea wherefore he took the Cattle of the said T. and them unjustly detained against security and pledges c. the same T. afterward in the said Court made default for which it was there ordered that he and his pledges of prosecuting should be in mercy and the aforesaid R. W. should go thence without day and that he should have return of the Cattle aforesaid whereupon the Lord Protector by his VVrit to the said Sheriffe did command that those Cattle to the aforesaid R.VV. he should cause to be returned them to the aforesaid T.H. he should not deliver without the VVrit of the Lord Protector which of the aforesaid judgement expresse mention should make and how c. the Sheriffe should certifie to the Justices here from the day of the holy Trinity in xv dayes last past at which day the Sheriffe returned here that before the coming of the VVrit aforesaid the Cattle aforesaid were esloigned to places to the same Sheriffe unknown by the aforesaid T. so that them to the aforesaid R. he could not return as by the Writ he was commanded whereupon the said Sheriffe was commanded that of the Cattle of the aforesaid T. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid R. he should deliver to be detained untill the aforesaid Cattle first taken he could return and that he should put under security and safe pledges the aforesaid T. that he might be here at this day to wit in eight dayes of St. Michael to answer as well the Lord Protector of the contempt to the said Lord Protector as the aforesaid R. of the damages and injuries to him in this behalf done c. and now here at this day came the aforesaid R. by J. Jener his Attorney and the Sheriffe now returneth that the aforesaid T. hath no Cattle in his Bayly-week which in Withernam he could take and them to the aforesaid R. could not deliver as by the Writ aforesaid he was commanded and that the said T. hath nothing in his said Bayly-week whereby he may be attached c. therefore the Sheriffe is commanded that he take the aforesaid T. if c. and safely c. so that he have his body here in 8. dayes of St. Martine to answer as well the Lord Protector for the contempt to the said Lord Protector as the said R. for the damages and injuries to him in this behalf done c. Note that a Latitat may be awarded as is awarded in another writ of Capias A Latitat upon the Capias after the Writ of Withernam Oliver c. To the Sheriffe Greeting whereas R. W. was Summoned to be in our Court before our Justices at Westminster to answer T. H. of a Plea wherefore he took the Cattle of the said H. and them unjustly detained against security pledges as he sayeth the same T. afterward in our said Court made default whereby it was considered there that he his pledges of prosecuting should be in mercy and that the aforesaid R. should go thence without day and that he should have return of the Cattle aforesaid whereupon by our Writ we commanded our Sheriffe of Devon that to the aforesaid R. his Cattle aforesaid he should cause to be returned and them at the Plaint of the aforesaid T. he should not deliver without our Writ which of the aforesaid judgement expresse mention should make and how that our precept he should have executed the same Sheriffe should certifie to our Justicces at Westminster from the day of the holy Trinity in 15. dayes last past and the said Sheriffe of Devon to our Justices at Westminster at that day returned that before the
coming of the aforesaid Writ the Cattle aforesaid were esloigned to places to him unknown by the aforesaid H. so that them to the aforesaid R. he could not return as by that Writ it was commanded whereupon the said Sheriff of Devon we commanded that of the Cattle of the aforesaid H. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid R. he should deliver to be detained untill the aforesaid Cattle first taken to the said R. he could return and that he should put under security and safe pledges the aforesaid H. that he should be before our said Justices at Westminster from the day of St. Michael in 15. dayes then next following to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done the same Sheriffe of Devon to our Justices at Westminster at that day returned that the aforesaid H. had no Cattle in his Bayly-wick which in VVithernam he could take that them to the aforesaid R. he might return as by that Writ he was commanded and that the aforesaid H. had nothing in his Bayly-wick whereby he might be attached whereupon by our Writ the said Sheriffe of Devon we commanded that he should take the aforesaid H. if he might be found in his Bayly-week and him safely should keep so that he might have his body before our Justices at VVestminster in 8. dayes of St. Martin last past to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done at which day the said Sheriffe of Devon to our Justices at Westminster returned that the aforesaid H. was not found in his Bayly-wick whereas it is witnessed in our said Court that the said H. doth lurk wander and lye hid in your County and therefore we command you that you take the aforesaid H. if he shall be found in your Bayly-wick and him safely keep so that you have his body before our Justices at Westminster in 8. dayes of St. Hillary to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done and have you there this Writ c. The Entry of the Capias in Withernam where the Sheriffe returns a Rescue upon the same Writ It was commanded to the Sheriffe whereas L. S. was Summoned to be in the Court of the Lord Protector here to answer W.W. in a Plea wherefore he took the Cattle of the said W. them unjustly detained against security and pledges c. the said W. afterward in our said Court made default for which it was ordered there that he and his pledges of prosecuting should be in mercy and that the aforesaid L. should go thence without day and that he should have return of the Cattle aforesaid whereupon the Lord Protector by his Writ the said Sheriffe commanded that those Cattle to the aforesaid L. he should cause to be returned and them at the Plaint of the aforesaid W. he should not deliver without the VVrit of the said Lord Protector which of the aforesaid judgement expresse mention should make and how c. the Sheriffe should make appear here in eight dayes of St. Hillary last past and the same Sheriffe to the Justices here at that day returned that before the coming of the Writ aforesaid the Cattle aforesaid were esloigned unto places to him unknown by the aforesaid W. so that them to the aforesaid L. he could not return as by that Writ it was commanded whereupon the said Lord Protector to the Sheriffe of the said County commanded that of the Cattle of the aforesaid W. to the value of the aforesaid Cattle first taken in Withernam he should take and them to the aforesaid L. he should deliver to be detained untill the aforesaid Cattle first taken he could return and that he should put under security and safe pledges the aforesaid W. that he might be here at this day to wit from the day of Easter in 15. dayes to answer as well the Lord Protector for the contempt to the same Lord Protector as the aforesaid L. for the damages and injuries to him in this behalf done c. and now here at this day came the aforesaid L. by R. P. his Attorney and the Sheriffe to wit J. F. Esq now returned that he by virtue of that Writ made his certain Warrant with his seal sealed to one J. H. that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid L. he should deliver to be detained untill the Cattle aforesaid first taken he might return according to the express command of the said Writ and by virtue of the Warrant aforesaid the said J. H. the Cattle of the aforesaid W. in Withernam did take and them to the aforesaid L. would have delivered but there came the aforesaid W. the 10. day of May last past with many other unknown persons arrayed in warlike manner and the aforesaid Cattle at Baunton in the County aforesaid from the custody of the aforesaid J. H. his Bayliffe took and lead away and upon the aforesaid Bayliffe of the said Sheriffe then and there made an assault and him would have killed except he had suffered his said Cattle to escape and so for fear of his death he suffered them to escape to the aforesaid W. and those Cattle for the cause aforesaid he could not deliver as by the Writ aforesaid to him it was commanded and further the said Sheriffe to our Justices here certified that after the aforesaid tenth day of May the said VV. had no Cattle within his Bayly-wick which any wise in VVithernam he could take according to the form of the aforesaid Writ and that the said VV. had nothing in the Bayly-wick of the said Sheriff whereby he might be attached c. therefore to the Sheriffe is commanded that he do take the aforesaid VV. if c. and safely c. so that he may have his body here from the day of St. Michael in xv dayes to answer as well the Lord Protector for the contempt to the said Lord Protector as the aforesaid L. for the damages and injuries to him in this behalf done c. A Distr and a Duces Tecum in one Writ Oliver c. To the Sheriffe Greeting we command you that you distrain J.H. late of c. as in another Distr to answer R. B. 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 we command you also that you have before our Justices at Westminster at the aforesaid Term the body of W. D. late of T. c. whom by our command you have taken and in your custody you detain being sick in prison as
you your self to our Justices at Westminster in 8. dayes of S. Hillary last past returned to answer the aforesaid R. in the Plea aforesaid and have you there this VVrit T. c. The Entry thereof R. B. By his Attorney offered himself the fourth day against J. H. late of c. and W.D. late of c. in a Plea that they render to him C. s. which to him they owe and unjustly detain c. and they came not and the Sheriffe was commanded that he should distrain the aforesaid J. H. and that he should take the aforesaid W.S. and as for the aforesaid J. H. the Sheriffe now returneth that he is destrained by Cattle to the value of x. l. and is mainprized by T.C. and M. R. therefore they are in mercy c. as heretofore let him be distrained that he may be here in eight dayes of St. Michael and as for the aforesaid W. D. the Sheriffe now returneth that he took the body of the aforesaid W. D. whose body he committed to the prison of the Lord Protectors Goal of his Castle of York which said W. in the same prison is sick and with such infirmities is detained at the present he cannot be sent without the danger of death therefore it is commanded to the Sheriffe that he may have here at the aforesaid Term the body of the aforesaid W. whom c. as c. to answer the aforesaid John in the Plea aforesaid c. A Writ of Petite Cape in a Writ of Formedon Oliver c. To the Sheriffe Greeting take into our hand by the view of honest and lawfull men of your County one Toft with the appurtenances in B. which C. D. in our Court before our Justices at Westminster claimeth against O. P. as his right by our writ of Formedon in Descender for the default of the said O. and Summon by good Summoners the aforesaid O. P. that he may 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 VVrit T. c. The Entry thereof ss C.D. by his Attorney offered himself the 4th day against A. B. in a P●ea of one Toft with the appurtenances in B. which the same C. D. in the Court of the Protector here claimeth against him by the VVrit of the Lord Protector of Formedon in Descender c. and he came not and he had thence day given him here even unto this day to wit in 8. dayes of S Michael afterward before he appeared here in Court and judgement that the Toft aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid A. B. be Summoned that he may be here in 8. dayes of St. Hillary c. A Writ of Magnum Cape in a Cessavit after Essoin The Protector to the Sheriffe Greeting take into our hand by the view of honest and lawfull men of your County one messuage with the appurtenances in S. which A. G. in our Court before our Justices at Westminster claimeth as his right against R.B. by our writ of Cessavit per biennium for the default of the said R. and the day of the taking certifie to our Justices at Westminster by your Letters Sealed and Summon by good Summoners the aforesaid R. B. that he be before our Justices at Westminster in 8. dayes of St. Hillary thereupon to answer and shew wherefore he kept not the day to him given by his Essoin here at this day to wit in eight dayes of St. Michael after he was Summoned and have you there the names of them by whose view you shall make this Summons and this VVrit T. c. The Entry thereof ss A. G. by T.M. his Attorney offered himself the 4th day against R. B. in a Plea of one messuage with the appurtenances in S. which the same A. in the Court of the Protector here claimeth as his right by the writ of the Lord Protector of Cessavit per biennium against him he came not he had thence day given him by his Essoigne here unto this day to wit in 8. days of S. Michael after he was Summoned c. judgement that the messuage aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid R. be Summoned that he may be here in 8. days of S. Hillary c. A Writ of Magnum Cape in a Writ of Cessavit of a Formedon Oliver c. To the Sheriffe Greeting take into our hand by the view of lawfull men of your County one Toft with the appurtenances in B. which R. C. in our Court before our Justices at Westminster claimeth as his right against T. M. by our VVrit of Cessavit per biennium for the default of the said T.M. and the day of the taking certifie to our Justices at Westminster by your Letters sealed and Summon by good Summoners the aforesaid T. that he may be here before our Justices in eight dayes of the holy Trinity thereof to answer and shew wherefore he was not before our Justices at Westminster in 8. dayes of St. Hillary 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 T. c. The Entry thereof R. C. by T. H. his Attorney offered himself the fourth day against T. M. in a Plea of one Toft with the appurtenances in B. which the said R. in the Court of the Protector here claimeth as his right by the Writ of the Lord Protector of Cessavit per biennium against him and he came not and he was Summoned c. Judgement that the Toft aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and the aforesaid T. be Summoned that he may be here in eight dayes of the holy Trinity c. A Writ of Plur. Magnum Cape in Dower ss Oliver c. To the Sheriff Greeting we command you as many times we have commanded you that you take into our hand by the view of lawfull men by your County the 3. part of two messuages with the appurtenances in K. in three parts divided which A. H. Widdow in our Court before our Justices at Westminster claimeth against M. H. as her Dower by the endowment of J. H. heretofore her husband for the default of the said M. and the day of the taking you certifie to our Justices at Westminster by your Letters sealed and Summon by good Summoners the aforesaid M. that he may be here before our Justices at Westminster in eight dayes of St. Hillary thereof to answer and shew wherefore he was not in our Court before our Justices at Westminster in eight dayes 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 T.
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
Drewry their Attorney as the aforesaid Christopher by R.B. his Attorney and the aforesaid Francis Windham and Edward Cook also Plaintiffs c. the fourth day of the Plea being solemnely called came not and were Summoned c. Therefore it is ordered that the aforesaid Michael Stanhope and Miles Corbet do prosecute alone without the aforesaid Francis Windham and Edward Cock against the aforesaid Christopher Heydon and Robert Godfrey their Plea aforesaid and hereupon the said Michael Stanhope Miles Corbet offered themselves the 4th day against the aforesaid Christopher and Robert Godfrey in the Plea aforesaid and they came not and the Sheriff now returneth that they are not found c. And so follow the old form A Distr nuper vic ad Habend Corpus where the Sheriffe returns that he took the body but had it not at the return of the Writ Oliver c. Greeting we command you as many times we have commanded you that you distrain John Choyn late Sheriffe of your County your predecessor by all his Lands Chattles in your Bayly-wick so that neither he nor any for him lay hands thereupon untill you receive further command thereof from us c. as in another Distr untill so that he may have before our Justices at Westminster tali die the body of W. L. late of C. in your County Merchant whom by our command he took and in his power detained as he to our Justices at Westminster in eight dayes of the holy Trinity last past did return or who at the County of Devon hol●en at Exon Wednesday the 5th day of October in the year of our Lord 1654. the fifth time was called appeared rendred himself to the prison of our Castle of Exeter whose body before our Justices at Westminster tali die he should have had to answer Jo. Hach Esq in a Plea wherefore with force arms the goods and Cattle of the said John to the value of C. l. at C. found he took and carried away and other Enormities c. and to hear his judgement for many defaults and have you there this Writ c. The Entry thereof The Sheriffe was commanded as often times that he should distrain John Choin late Sheriff of the County aforesaid his predecessor by all his Lands c. and that of the profits c. so that he might have here at this day to wit from the day of St. Michael in xv dayes the body of Walter H. late of C. in the County aforesaid Marchant for that at the County of Devon holden at Exon wednesday the 5th day of October in the year of our Lord 1654. the 5. time he was called and appeared rendred himself to the prison of the Lord Protector of his Castle of Exon whose body here at this day aforesaid he should have had to answer John Hach Esq in a Plea wherefore with force arms the Goods and Cattle of the said J. to the value of one hundred pounds at C. found he tooke and carried away and other Enormities c. to the great damage c. and against the peace of the Protector c. and now here at this day came the aforesaid John Hatch by B. A. his Attorney and offerred himself the 4th day against the aforesaid Walter in the Plea aforesaid and the Sheriffe now retorneth that the aforesaid late Sherriffe is distrained by Cattle to the value of twenty shillings and is mainprised by E. H. and R. H. Therefore they are in mercy c. and as oft-tentimes 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 might have here to wit from the day of St. Hilary in 15 daies the Body of the aforesaid Walter who c. to answer the aforesaid I. Hatch in the Plea aforesaid A Distringas nuper vic Oliver c. To the Sheriffe of Worcester greeting we command you that you distrain John Chechester Kt. late Sheriffe of your County your Predecessor by all his Lands and Chattells in your Bailywick so that neither he nor any other for him thereon do lay hands untill you shall receive further command from us and that of the profits thereof you answer us so that he may have before our Justices at Westminster on Munday next after the moneth of St Michael the body of Michael Short whom by our command he tooke and in his power detained and whse body before our Justices at Westminster on Saturday next after 8 daies of St Hillary in the year of our Lord 1653. he had ready as the same Sheriffe to our Justices at Westminster at that day retorned to answer Will. VVarren one of the Attorneies of our Court of Common Bench according to the Liberties and Priviledges of the same Court for such Attorneies and other our Ministers of the same Bench from the time whereof the memory of man is to the contrary used and approved in the same in a Plea of Trespass upon the Case and have you there this Writ c. De infra nominat I. Chechester militis J. Doo Ric. Roo Exit xxs. W. C. nul vic The entry of a Distringas nuper vic ss The Sheriffe was commanded that he should have here at this day to wit in 8 daies of St. Hilary last past the body of H. late of c. whom the said Sheriffe took and in his power detained to answer R. in a Plea that he render to him 40s which he oweth him and unjustly detaineth c. And now here at this day came the aforesaid R. by M. I. his Attorny and offered himself the 4th day against the aforesaid H. in the Plea aforsaid and he came not and the Sheriffe now retorneth that the said H. was not taken by himselfe but by I. D. late Sheriffe Predecessor of him the said now Sheriffe nor the body of the said H. to the aforesaid now Sheriffe was delivered in his going out of Office therefore the said 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 may have here tali die the body of the aforesaid H. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Distringas nuper vic aliter Oliver c. To the Sheriffe of S. Greeting we command you that you distrain O. S. Esq late Sheriffe of your County by all his Lands ut supra and that you have his body before our Justices at Westminster to deliver to you the body of D. late of c. whom by our command he took as he to our Justices at Westminster at a certain day now past returned so that the body of the said D. you may have before our Justices at Westminster tali die to answer Q. in a Plea that he render to him x. l. which to him he oweth and unjustly detaineth as it is
said to hear his judgement for many defaults and whereupon your self did formerly return to our Justices at Westminster that the aforesaid D. in the time of the aforesaid G.S. was taken which said G. the body of the aforesaid D. to you did not deliver nor in our prison under your Custody he is nor ever was and have you there this Writ T. c. The entre of a Magnum Cape in Dower Ret. Crast animarum and per non mi sit bre Magnum Cape ret 8. Hil. and thereupon a nolle prosequi ss Elizabeth Dalby Widow who was the wife of William Dalby Gentleman by her Atorney offered herself the 4th day against Lionel Dalby Gent. in a Plea of the third part of one messuage one Garden thirty Acres of Land twenty Acres of Meadow thirty Acres of Pasture twenty Acres of Marsh and ninety Acres of Wood with the appurtenances in Tottenham High-Crosse and Edolneton otherwise Edmonton which the said Elizabeth in the Court of the Lord Protector here claimeth as her Dower by the endowment of the aforesaid William heretofore her husband against him by the Writ of the Lord Protector of Dower whereof she hath nothing c. 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 that the aforesaid Lionel be Summoned that he be here in the morrow of All Souls c. at which day here came the aforesaid Elizabeth by her Attorney aforesaid and the Sheriffe hath not returned the Writ therefore let the Tenements aforesaid with the appurtenances as before be taken into the hand of the Lord Protector c. and the aforesaid Lionel as before be Summoned that he be here in eight dayes of St. Hillary c. before which said 8. dayes of St. Hillary to wit the 15. day of November in that same Term came here in Court the aforesaid Elizabeth by Edward Lodesham her Attorney and acknowledged here in Court that she will not prosecute against the aforesaid Lionel in the Plea nolle prosequi aforesaid but further therein to prosecute against the aforesaid Lionel wholy desisteth and refuseth therefore let no further Processe nor any thing else thereof be made against the aforesaid Lionel c. Ro. 783. The Entry of a Capias alias Cap. and Plures Capias against one that was before the Plur. was returned imprisoned in the Fleet now before you can have the benefit of your Plures Cap. to outlaw him c. you must have a Habeas Corpus against him and have the Cap. Al. and Plur. Cap. and Habeas Corp. entered ready to be produced in Court ss Henry Sackford Esq by his Attorney offered himself the fourth day against Thomas Philips late of c. in a Plea wherefore whereas c. to the damage of the said Henry of c. and he came not c. therefore let him be taken that he be here in the morow of All Souls c. at which day c. therefore as heretofore let him be taken that he be here from the day of S. Martin in fifteen dayes c. at which day c. therefore as often times let him be taken that he be here in eight dayes of St. Hillarie c. and the aforesaid Thomas on Wednesday next after eight dayes of St. Martine in that same Term by the Warden of the Fleet by virtue of a Writ of the Lord Protector of Habeas Corpus being brought to the Bar here and spoken to whether he would appear yea or no said that he would not therefore let him be taken and exacted c. A Pone in a Quare impedit at the Suit of the Lord Protector Oliver c. To the Sheriffe of L. Greeting put under security and safe pledges John Arch Bishop of C. and T. C. Clerk that they be before our Justices at Westminster in eight dayes of St. Michael to answer us in a Plea that they permit us to present a fit person to the Church of St. S. near G. which is void and unto our donation belongeth and to shew wherefore they kept not the dayes to them given by their Essoigns in our Court before our Justices at Westminster to wit the aforesaid Arch-Bishop in the morrow of the holy Trinity and the aforesaid T. from the day of the holy Trinity in three weeks last past after they were Summoned and have you there this Writ T. c. The Entry of the Writ aforesaid upon which the Arch-Bishop was esloined and the Clark had the same dayes and afterward the Clark was esloigned and the Arch-Bishop had the same dayes ss E. C. Esq Attorney General of the Lord Protector who for the same Lord Protector prosecutes in his proper person offered himself the fourth day against J. Arch Bishop of C. and T. C. Clark in a Plea that they permit the said Lord Protector to present a fit person unto the Church of St. J. near G. which is void and unto the said Lord Protectors donation belongeth c. and they came not they had thereof day to wit the aforesaid Arch-Bishop his esloigne hereunto this day to wit in the morrow of the holy Trinity c. the same day is given to the aforesaid T. here c. the aforesaid T. had thereof day by his esloigne here unto this day to wit from the day of the holy Trinity in three weeks c. the same day is given to the aforesaid Arch-Bish here c. after they were Summoned c. judgement that they be attached that they may be here in eight dayes of St. Michael c. An Alias Summons in Dower Oliver c. To the Sheriffe of C. Greeting we command you as heretofore we have commanded you that you Summon by good Summoners Theophilus ●uckworth Gentl. that he be before our Justices at Westminster from the day of Easter in 15. days to answer John Pain Grace his Wife in a Plea that he render to the said John Grace the reasonable dower of the said Grace which happeneth to her of the Free-hold which was of Thomas Palmer heretofore her husband in Elm whereof she hath nothing as it is said and whereof your self returned to our Justices at Westminster in eight dayes of St. Hillary last past that the aforesaid John and Grace found you pledges for prosecuting their Writ to wit John Doo and Richard Roo that the aforesaid Theophilus was summoned by Thomas Love Thomas Estman John Cook and Thomas Day and that by virtue of the Writ aforesaid to you lately directed upon the Lords day being the 16. day of January last past at the most usual dore of the Church of Elme aforesaid immediately after Divine service no prayer in the same Church being you caused the Summons aforesaid to be proclaimed according to the form of the Statute in such case lately made and provided and have you there the
Summoners and this Writ T. c. The Entry thereof ss The Sheriff was commanded that he should Summon by good Summoners Theophilus Buckworth Gentl. that he might be here at this day to wit in 8. dayes of St. Hillary to answer John Pain and Grace his wife in a Plea that he render to them the reasonable Dower of the said Grace which hapned to her of the Free-hold which was of Thomas Palmer heretofore her husband in Elm whereof she hath nothing c. and now here at this day came the aforesaid John and Grace by their Attorney and the Sheriffe to wit Anthony Cage Esq returneth that the aforesaid John and Grace have found to the same Sheriff pledges for prosecuteing the Writ aforesaid to wit John Doo and Richard Roo that the aforesaid Thephilus was Summoned to be then here by Thomas Love Thomas Estman John Cook and Thomas Day and that he by virtue of that Writ to him directed upon the Lords day being the 16. day of January last past at the most usual Dore of the Church of Elme immediately after Divine service no Prayer in the same Church being caused the Summons aforesaid to be proclaimed according to the form of the Statute in such case made provided and for that Proclamation of the Summons aforesaid was not made by the space of 14. dayes before the return of the Writ aforesaid as by the form of the statute aforesaid it should have been done as by the return aforesaid fully appeareth therefore as heretofore the Sheriff is commanded that he Summon by good Summoners the aforesaid Theophilus that he be here from the day of Easter in xv dayes to answer the aforesaid John Pain and Grace in the Plea aforesaid c. Or thus you may begin your Entry ss The Sheriff was commanded that if John Pain and Grace his wife had made the said Sheriffe secure for prosecuting their Plaint then he should Summon c. as above Or thus you may make your Writ Oliver c. To the Sheriffe of C. Greeting whereas by our writ we lately commanded that you should command Theophilus B. that justly without delay he should render to J.P. G. his wife the reasonable Dower c. untill as it is said whereupon they complained that the aforesaid Theoph. doth deforce them and unlesse he had done it and the aforesaid J. and G. had made you secure for prosecuting their Plaint then you should Summon by good Summoners the aforesaid Theoph. that he might be before our Justices at Westminster in eight dayes of St. Hillary last past to shew wherefore he had not done it and that you should have there the Summoners and that Writ and you to the said Justices at Westminster at that day returned that as in the Writ of Dower aforesaid The Entry of a Discontinuance ss It is Recorded by the Court the eight day of May in the year of our Lord 1653. that that Plea hath not day of continuance by that Roll further then the aforesaid eight dayes of the Purification of the blessed Marie therefore let the Plea aforesaid at the request of the aforesaid Plaintiffe be discontinued c. A Pone in a Quare impedit Oliver c. To the Sheriffe of H. Greeting put under security and safe Pledges William Bishop of L. and Toby Blaud Clark that they be before our Justices at Westminster in eight dayes of St. Michael to answer Peter Ashton Gentl. in a Plea that they permit him to present a fit person unto the Church of B. which is void and unto his donation belongeth as it is said and to shew wherefore they kept not the day to them given by the esloigne of the aforesaid Tobie in our Court before our Justices at Westminster in the morrow of the holy Trinitie last past after they were Summoned have you there the names of the pledges this writ T. c A Summons and severance in Debt Oliver c. To the Sheriffs of London Greeting we command you that you take R.S. late of L. Gent. otherwise called R.S. de E. in the County of K. Gent. if c. to answer William Berby Henry Matties Executors of the Testament of William Cutting Gent. in a Plea that he render to them three hundred pounds which from them he unjustly detaineth as it is said we also command you that you Summon by good Summoners the aforesaid Henry that he be before our Justices at Westminster at the aforesaid Term to prosecute against the aforesaid R. together with the aforesaid William their Plea aforesaid if he will and have you there the Summoners and this Writ T. c. A Habeas Corpus to the Warden of the Fleet. Oliver c. To the Keeper of our Prison of the Fleet Greeting we command you that the body of R. T. by what name soever he may be thought in our Prison under your custody to be detained as it is said you have before our Justices at Westminster on Thursday next after eight dayes of the holy Trinity next to come to do and receive what our Court shall order of him in this behalf and have you there this Writ T. c. A Pone after an Esloign in a quare impedit Ret. 8. Mich. the Bishop esloigns at xv Pasch and adjourns unto quinque Pasch and then Bland Esloigns and adjourns unto Crast Trin. Oliver c. To the Sheriffe of H. Greeting put under security and safe pledges William Bishop of Lincolne and Tobie Bland Clark so that they be before our Justices at Westminster in eight dayes of St. Michael to answer Peter Aysham Gent. in a Plea that they permit him to present a fit person unto the Church of B. which is void and unto his Donation belongeth as it is said and to shew wherefore the aforesaid Will Bish of L. kept not the day to him given by his Esloigne in our Court before our Justices at Westminster from the day of Easter in 5. weeks last past and wherefore the aforesaid Tobie kept not the day to him given by his Esloign in our Court before our Justices at Westminster in the morrow of the holy Trinity last past after they were Summoned and have you there the name of the pledges and this Writ T. c. The Entry thereof ss Peter Aysham Gent. by his Attorney offered himself the 4th day against Will Bish of L. and Tobie Blaud Clark in a Plea that they permit him to present a fit person unto the Church of B. which is void and to his Donation belongeth c. and they came not and it is known that the aforesaid Bishop had thence day by his Esloigne here to wit untill from the day of Easter in 5. weeks last past and the same day was given to the aforesaid Tobie here c. at which day the aforesaid Tobie had thence day by his Esloigne here even to this day to wit in the morrow of the holy Trinity and the same
day was given to the aforesaid Bish here c. after they were Summoned judgement that they be attached that they may be here in eight dayes of St. Michael c. A Writ of view in a Formedon in Descender Oliver c. To the Sheriffe of Midles Greeting we command you that without delay you cause R. D. to have view of one messuage one Garden one Acre of Meadow and six Acres of Pasture with the appurtenances in K. which T. S. in our Court before our Justices at Westminster claimeth as his right by our Writ of Formedon in Descender against him and speak to four Knights of those that shall be present at that view that they be before our Justices at Westminster in 8. dayes of St. Hillary to testifie that view and have you there the names of the Knights and this writ T. c. The Entry thereof ss T. Smith by A. Garland his Attorney demandeth against R. D. one messuage one Garden one Acre of Meadow and six Acres of Pasture with the appurtenances in K. as his right by the Writ of the Lord Protector of Formedon in Descender c. And the aforesaid R.D. by T. Carter his Attorney cometh and prayeth view of the Tenements aforesaid with the appurtenances and let him have it c. day is given to the parties aforesaid here untill in 8. dayes of St. Hillary and in the mean time c. The Entry of a Test in Debt It was commanded to the Sheriffe that he should take Edward Mausel Kt. of London Yeoman otherwise called Edward Mausel de Danford in Com. North. Yeoman if c. and safely c. so that he might have his body here at this day to wit in 8. dayes of St. Hillary to answer Elizabeth Squier Widdow in a Plea that he render to her thirty pounds which to her he oweth and unjustly detaineth c. and whereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of St. Martine in 15. dayes last past that the aforesaid Edward lurked wandred and lay hid in the County aforesaid and now here at this day came the aforesaid Elizabeth by her Attorney and offered herself the 4th day against the aforesaid Edward of the Plea aforesaid and he came not and the Sheriffe now returneth that he is not found c. therefore as heretofore the Sheriffe is commanded that he take him if c. and safely c. so that he may have his body here from the day of Easter in 15. dayes to answer the aforesaid Elizabeth of the aforesaid Plea c. A Writ of Supersedeas Lo ss Oliver c. whereas by our Writ we lately commanded you that you should take R. M. late of c. if he should be found in your Bayly-wick him safely should keep so that you might have his body before the Justices of the Common-Bench at Westminster at a certain day now past to answer T. B. in a Plea wherefore c. cite the Capias untill you come to as it is said yet because the aforesaid R. M. by J.C. his Attorney in the Court of Common-Bench hath appeared we command you that of the further taking arresting and imprisoning or in any wise molesting the aforesaid R. on the occasion premised you altogether Supersead and if the said R. upon that occasion and no other you have taken or imprisoned then the said R. from the prison wherein he shall so be detained if upon that occasion and no other in the same he is detained without delay you deliver under the danger that will thereon ensue T. c. The Entry of a Habeas Corpus to the Chancelor of the County Pallatine of Lanc. ss It was commanded to the Chancelor of the Lord Protector of his County Pallatine aforesaid or to him that holds his place there that by the Writ of the said Lord Protector under the Seal of the County Pallatine aforesaid duely to be made he should command the Sheriff of the County of Lanc. that he should take Mark Woodrow late of London Draper otherwise called M.W. of Manchester in the County of Lanc. Draper if c. and safely c. so that he might have his body here at this day to wit in the morrow of the Purification of the blessed Virgin Mary to answer Edward Elioes in a Plea that he render to him one hundred shillings which to him he oweth unjustly detaineth c. and hereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of S. Martin in 15. dayes last past that the aforesaid Mark was not found in their Bayly-wick when as it is witnessed in the same Court of the said Lord Protector here that the said Mark lurked wandred and lay hid in the County aforesaid and now here at this day came the aforesaid Edward by his Attorney and offered himself the 4th day against the aforesaid Mark in the Plea aforesaid and he came not and John Fortescue Knight Chancellor of the County Pallatine aforesaid now returneth that he by virtue of the aforesaid Writ of the Lord Protector to him directed by the Writ of the said Lord Protector under Seal c. he commanded the Sheriffe of the County of Lanc. as c. which said Sheriff to him returned that he took the body of the aforesaid Mark whose said body here at this day he hath readie as c. but because the Sheriffe the body of the aforesaid Mark now here hath not therefore he to wit Edmund Crafford Esq is in mercy c. and it is commanded to the aforesaid Chancellour of the said Lord Protector of the County Palatine aforesaid that by the Writ of the said Lord Protector under the Seal c. he cause the Sheriffe of the said County to be commanded that he have here from the day of Easter in 15. dayes the bodie of the aforesaid Mark whom c. to answer the aforesaid Edward in the Plea aforesaid c. The Entry of an Alias Distringas nuper vic ad Habend Corpus ss It was commanded to the Chancellour of the Lord Protector of his County Palatine aforesaid or to him that holdeth his place there that by the writ of the said Lord Protector under the Seal of the Countie Palatine aforesaid duely to be made he should cause to be commanded the Sheriff of the Countie aforesaid that he should distrain Robert Halsall K nt late Sheriffe of the Countie aforesaid predecessor of the now Sheriffe by all his Lands c. and that of the profits c. so that he might have here at this day to wit in the morrow of the Holy Trinity the bodie of O. W. whom c. to answer J. W. in a plea that he render to him xx.l. c. and now here at this day came the aforesaid J. W. by his Attorney and offered himself the 4th day against the aforesaid O. W. in the aforesaid plea and he came
not and John Fortescue Knight Chancellour of the County Palatine aforesaid now returneth that he by virtue of the Writ aforesaid to him directed by another Writ of the said Lord Protector under the Seal c. he caused the Sheriff of the Countie aforesaid to be commanded as c. which said Sheriffe to wit Edmund Trafford Esq thus answereth that the aforesaid Edward Halsall Knight late Sheriffe is distrained by Cattle to the value of 3 s 4.d and is mainprised by John Doo and Rich. Roo therefore they are in mercie c. and it is commanded to the Chancellour of the County aforesaid that by the Writ of the said Lord Protector under the Seal c. he cause to be commanded to the Sheriffe of the County aforesaid that he distrain the aforesaid Edward Halsall Knight late Sheriffe by all his Lands c. and that of the profits c. so that he have here in the morrow of All Souls the bodie of the aforesaid O. W. whom c. to answer the aforesaid John in the Plea aforesaid c. The form that was used in a Test to the Chancellour of the Court of Lancaster To the Chancellour of our County Palatine of Lancaster or to him that holdeth his place there Greeting we command you that by our Writ under the Seal of the County Palatine aforesaid duly to be made you cause the Sheriffe of the same County to be commanded that he take A. B. c. An Alias Summons in a Quare impedit where the Sheriffe hath returned that the Original Writ was delivered to him too late Oliver To the Sheriffe of Middlesex Greeting we command you that you Summon by good Summoners Richard Bishop of L. David English Clark that they be here before our Justices at Winton in eight dayes of S. Hillary to answer William Freeman in a Plea that they permit the said William to present a fit person to the Vicaridge of the Church of Stebon heath alias Stepney which is void and to his Donation belongeth as he sayeth and whereupon your self hath certified to our Justices at Winton in the morrow of St. Martine last past that our Writ to you formerly thereof directed so late to you was delivered that by reason of the brevity of the time you could not execute it and have you there the names of the Summoners and this Writ T. c. The Entry thereof ss The Sheriff was commanded that he should Summon by good Summoners Rich. Bishop of L. David English Clark that they might be here before the Lord Protector at Westminster in 8. dayes of St. Michael last past to answer William Freeman in a Plea that they permit the said William to present a fit person to the vicarage of the Church of Steban-heath otherwise Stebun-heath otherwise Stepney which is void and to his Donation belongeth c. at which day the Plaint aforesaid was adjourned by the Writ of the said Lord Protector of common adjournement at Westminster aforesaid untill from the day of St. Michael in one moneth then next following at which day the Plaint aforesaid was further adjourned by another Writ of the said Lord Protector of common adjournment from Westminster aforesaid unto the Citie of Winton in the County of Southampton in the morrow of St. Martine then next following and now here to wit at the aforesaid Citie of Winton at the same morrow of St. Martin came the aforesaid William by his Attorney and offered himself the fourth day against the aforesaid Richard and David of the aforesaid Plea and they came not and the Sheriffe now returneth that that Writ was delivered to him so late that by reason of the brevity of the time he could not execute it therefore as heretofore let them be summoned that they may be here in 8. dayes of St. Hillary to answer the aforesaid William in the aforesaid Plea c. The Entry of a Summons in Severance ss E. R. and J. W. Executors of the Testament of VV.M. by their Attorney offered themselves the 4th day against B.N. late of c. in a Plea that he render to them C. s. which from them he unjustly detaineth c. and he came not and the Sheriffe was commanded that he should Summon him c. and the Sheriffe now returneth that he hath nothing c. therefore let him be taken that he may be here in the morrow of All Souls c. and now here at this day came the aforesaid J. VV. by Thomas Bullock his Attorney and offered himself the fourth day against the aforesaid B.N. in the Plea aforesaid the aforesaid E.R. the fourth day of the Plea being solemnely called came not and the Sheriffe was commanded that he should Summon the aforesaid E. R. that he might be here at the aforesaid Term to prosecute against the aforesaid B. N. together with the aforesaid J.W. his Plea aforesaid if c. and hereupon it is ordered in the Court of the Protector here that the aforesaid J.VV. may prosecute alone against the aforesaid B. N. his Plea aforesaid and he came not the Sheriffe was commanded that he should take him if c. and the Sheriffe now returneth that he is not found c. therefore as heretofore let him be taken that he may be here from the day of St. Martin in 15. dayes c. The Entry of a Resort ss Enter your Testatum first then follow at which day here came the aforesaid C.D. by his Attorney and offered himself the fourth day against the aforesaid A.B. in the plea aforesaid and he came not and the Sheriffe now returneth that he is not found c. and hereupon the aforesaid C.D. by his Attorney aforesaid prayeth the Writ of the Lord Protector of taking the aforesaid A. B. to the Sheriffs of London to be directed where his Original Writ first issued out and it is granted to him c. therefore the Sheriffs of London are commanded that they take the aforesaid A. B. if c. and safely c. so that they may have his bodie here from the day of Easter in 15. dayes c. The Entry of a common Appearance L. ss The Sheriffs of the said Citie were commanded that they should take T.S. if c. and him safely keep c. so that they might have his bodie before the Justices of the Common-Bench at VVestminster tali die to answer J. G. in a plea of debt c. and the aforesaid T. by VV. S. his Attorney prayed that his appearance might be recorded by the Court and it is Recorded The Entry of a special Bail L. ss The Sheriffs were commanded that they should have here at this day to wit from the day of St. Martin in 15. dayes the body of a A.E. late of M. in c. whom of late c. to answer unto B. D. in a plea c. now here at this day came as well the said B. as the said A. in his proper person and
was troubled with so many and such infirmities and greifes in the same prison that he could not then justly travaile neither be carried without very great danger of death and for that we would not have our people in the prosecutions of their actions in our Court to be persecuted nor our Court in such manner to be deluded we cōmand you that you or your under Sheriffe be before our Justices at Westminster in eight dayes of the Purification of the blessed Virgin Mary bringing thither with you the aforesaid A. B. whether he shall be healthfull or infirm to answer the aforesaid C. D. in the Plea aforesaid knowing for certain that if this shall be omitted you shall undergoe the penalty of twenty pounds and have you there this writ c. The Entry of an alias non omittas ss The Sheriffe was commanded that he should not omit for the liberty of the Town of Cant. but take I. G. late of R. in the County aforesaid yeoman if c. and safely c. so that he might have his body here at this day to wit in the morrow of All-Souls to answer A. L. in a Plea that he render unto him c. s. zz and now here at this day came the aforesaid I. L. by his Attorney and offered himself the 4th day against the aforesaid I. G. in the aforesaid Plea and he came not and the Sheriffe returned that he is not found c. therefore as heretofore he is commanded that he should not omit for the liberty aforesaid but take the aforesaid I. G. if c. and safely c. so that he might have his body here tali die c. The Entry of an distr in debito ss A.B. by his Attorney offered himself the 4th day against T. C. late of c. in a Plea that he render to him c. s. zz And he came not and the Sheriffe was commanded that he should attach him c. and the Sheriffe returned that he is attached by pledges John Denn and Richard Fen therefore he is in mercy c. let him be distrained that he be here tali die c. A distr and a Pone in one Writ ss Oliver c. we command you that you distrain H. S. late of c. as in another distr c. to answer T. M. in a Plea that he together with C. D. c. render unto him c. s. zz And to hear his judgment for many defaults c. we also command you that you put under security and safe pledges the aforesaid C. that he be before our said Justices at Westminster at the aforesaid Term to answer the aforesaid T. M. together with the aforesaid H. in the Plea aforesaid and to shew wherefore he kept not the day to him given by his Essoin before our Justices at Westminster from the day of Easter in 15. dayes last past after he was summoned and have you c. The Entry of a Capias and latitat ss A. B. by his Attorney offered himself the 4th day against I. L. late of c. and against W. C. c. in a Plea that both of them render to him c. s. zz And they came not and the Sheriffe was commanded that he should take them c. and the Sheriffe returned that they are not found c. and hereupon concerning the aforesaid I.L. it is witnessed in the Court of the Protector here that he doth lurk wander and lie hid in the County of Sommerset therefore the Sheriffe of Sommerset is commanded that he take him if c. and safely c. so that he have his body here in eight dayes of St. Hillary c. and whereupon c. and also as heretofore let the aforesaid W. C. be taken that he be here at the aforesaid Time c. The Entry of a distr and Pone in one Writ ss C. M. by his Attorney offered himself the 4th day against T. S. late of c. of a Plea that he together with C. his wife render to him C.s. which he oweth him unjustly detains c. and they came not and the Sheriffe was commanded that he should attach them c. And the Sheriff returned that they are attached by pledges John Doo and Richard Roo therefore they are in mercy c. and let them be destrained that they be here from the day of Easter in 10. dayes c. A Writ of view in a Formedon in Descender ss Oliver c. Greeting we command you that without delay you cause T. A. to have view of one messuage with the appuretnances in C. which D.E. in our Court before our Justices at Westminster claimeth as his right by our Writ of Formedon in descender against him and speak to 4. Knights of them which shall be present at that view that they be before our Justices at Westminster tali die to testifie that view and have you there the names of the Knights and this Writ witnesse c. A Magnum Cape of a non Omitt in a Writ of Dower ss Oliver c. To the Sheriffe of Cambridge Greeting we command you that that you omit not for our Liberty of our Bishoprick of Ely the place being now void within the Isle of Ely in your County but take into our hand by the view of honest and Lawfull men of your County the third part of one messuage with the appurtenances in Outwell which R.P. and D. his wife in our Court before our Justices at the Town of St. Albanes in our County of Hertf. claim as her Dower by the endowment of H. S. heretofore her husband against J. S. by our Writ of Dower whereof she hath nothing by default of the said J. and the day of the Captiom certifie to our Justices at the Town of St. Albane aforesaid by your Letters sealed and Summon by good Summoners the aforesaid J. that he be here before our Justices at Westminster from the day of the holy Trinity in 3. weeks thereof to answer and shew wherefore he kept not the day to him given by our Writ of Common adjournment after 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 The Sheriffe was commanded that he should take into the hand of the Lord Protector the third part of one messuage with the appurtunances in O. which R.P. D. his wife in the Court of the Protector claim as the Dower of the said D. by the endowment of H.S. heretofore her husband against J.S. by the Writ of the Lord Protector of Dower whereof she hath nothing c. and day c. and that he should Summon by good Summoners the aforesaid J. that he should be here at this day to wit from the day of Easter in 15. dayes last past and now here at this day came the aforesaid R. and D. by A. B. their Attorney c. and the Sheriffe returned that for