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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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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.
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.
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-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
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