coexecutor with the said W. of the testament aforesaid is dead prayeth a Writ by the statute c. and it granted to him retornabl here tres Pas and in asmuch c. the sheriff should make appears here at the same Terme c. at which day here came the said W. Scot executor c by his attorny aforesaid and the sheriff sent not the writ P. 12. Jac Rot 448. entry of a Sci fac by the Administrator during the minority of the Executor to have execution against the Conusor where the Conusce died before the Cap. returnable in the Common Bench. c. and as before praieth a writ thereof by the statute c. and it is granted to him retornable here 15. Mich and in asmuch c. the Sheriff should make knowne here at the same Term at which day came the said W. Scot executor c. by his attorny aforesaid and the sheriff sent not the writ c. therefore as more times let another writ thereof be made to him by the statute c. retornable here Men. Pas and so it is continued untill 15 Mich. at which day came the said W. Scot executor c. by his attorney aforesaid and the sheriff sent here a certaine extent before him taken at B. upon Thursday in Cr. S. Mich. Arch. An. 2 H. 6. Post conq by vertue of a certaine Writ of the Lord the King directed to the same Sheriff by the oath of 12 c. who say upon their oathes that the said W Combe had and held to him and his heires comming of his body the day of the acknowledgment of the debt aforesaid 2. gardens with their appurtenances in the Suburbs of B in Pyle-street and six tenements with their appurtenances in the Suburbs aforesaid in S. which said gardens and tenements M B of Bristoll now holdeth Extent returned and are clearly worth by the yeare besids repaires 34 s. and also saith that the said W. Combe had and held to him and his heires comming of his body the same day of the acknowledgment of the debt aforesaid and afterwards 12 s. rent of Assize issuing out of one tenement in the Suburbs aforesaid in Tonkerstreet which A. D. late held which said rent I. D. now holdeth And also saith that the said W. Combe had and held to him and his heires coming of his body the same day of the acknowledgment of the debt aforesaid afterwards 5. shops with their appurtenances scituate c. which the said W. Combe afterwards gave and granted to T. B. Knight his heires and assignes for ever which are clearly worth by the yeare besides reprizes 40 s and also c. wich all and singular messuages lands Tenements shops Sellers Gardens and Rents above recited one N. V. Viccar of the Church of Saint Mary of R. W. M. and others gave and granted long before the acknowledgment of the Debt aforesaid to the said W. Combe to hold to him and his heirs of his body coming for ever by vertue of which gift the said VV. C. of all the aforesaid Mesnes Lands Tenements Shops Cellars Gardens and Rents with the Appurtenances were seised to him and his heirs of his body coming by vertue of the gift aforesaid the day of the acknowledgement of the debt aforesaid and afterwards And further say that the said W. Combe had no other or more Lands Tenements or Rents goods or chattells within the County of Bristoll the day of the acknowledgment of the Debt aforesaid or at any time afterwards which they could extend or appraise as the same Writ requireth as the Jury aforesaid can enquire Fieri Facias T 16. Jac. rot 3112. Brownlow Testat fi fac de bonis propriis after a Devastavit Entry of a Testat fi fac of his proper goods after a Devastavâ—t between D. and B. MIch 12. Jac. rot 2216. Brownlow War ss Entry of a fieri facias where parcell of the mony returned levied and a fi fac awarded for the residue It was commanded the Sheriff that of the lands and Chattells of I. C. late c. otherwise called c. in the Bailiwick of the same Sheriff he should make as well a certain debt of thirty pounds which W. K. in the Court of the Lord the King now of the Common Bench here to wit at Westminster in the County of Middlesex recovered against him as forty shillings which to the same W. in the said Court of the King here were adjudged for his damages which he had by occasion of detaining of that debt and that he should have the monyes here at this day to wit Mens Michaelis to render to the said W. of the Debt and Damages aforesaid whereof he is convicted Return parcell of the debt and damages levied And now here at this day came the said W. by A. L. his Attorney and the Sheriff now returned that hee by vertue of that Writ caused to be made eighty shillings of the Lands and Chattells of of the sayd I. parcell of the debt and damages aforesaid which hee had ready at the day and place aforesayd as by the said Writ it was commanded to the same Sheriff And that the said I. had no other nor more Lands or Chattells in his Bailiwick whereof the residue of the Debt and Damages aforesaid or any parcell thereof he could by any means cause to be made therefore it is commanded to the Sheriff of VVar. that of the Lands and Chattells of the sayd I. in the Bayliwick of the same Sheriff A fi fac awarded for the residue hee make the residue of the Debt and Damages aforesaid and that hee should have the residue of the monyes here to wit in Crâ—pur to render to the same W. in forme aforesaid c. Entry of a fieri facias where the Sheriff returned Nihil habet and a fieri facias awarded to the Ordinary De bonis ecclesiasticis M 11 Jac rot 189. H. 26 Jac rot 3031 M. 14 H 6 rot 124. T 19. Jac. rot 1020. Brownlow Norff. ss It was commanded the Sheiff that of the Lands and Chattells of Edward Mundy late of H. in the County aforesaid Clark otherwise called c. in your Bailiwick he should make as well a certain debt of a hundred pounds which Thomas C. in the Court of the King here recovered against him as ninety shillings which were adjudged for his damages which he had by occasion of the detaining of the said debt and that he should have those monies here at this day to wit Tres Trin to render to the said T. for his debt and damages aforesaid whereof he is convicted And now here at this day came the said Thomas by M. P. his Attorney and the Sheriff to wit E. G. Knight now returneth that the said E. is a Clarke and beneficed at L. in the Diocesse of Norwich having neither goods nor chattells of Lay fee in his Bailiwick whereof the debt and Damages
of March An. Regis nunc 21. held made to be assessed to be paid Notwithstanding the said Thomas the statute aforesaid not regarding more money of the towne of C aforesaid then unto which it was assessed against the manner and form of assessement made upon it caused to be leived in contempt of the Lord the King now and against the forme of the statute aforesaid that he should make known to the said T. that be should be here at this day to wit in 15 Hillarii to answer as well for the said Lord the King as for himselfe followeth in this behalfe wherefore twenty pounds to the said Lord the King and ten pounds to the said John he ought not to be satisfied according to the forme of the statute aforesaid And now here at this day came as well the said John by R. H. his Attorney as the said T. by T.G. his Attorney and the sheriff now returneth That hee made knowne to the said Thomas of being here at this day c. to answer in Forme aforesaid c. by W. R. I. R. and I D. honest c. And hereupon day is given to the said I. B. as to the said T.S. here untill 15 Pasch in State as now reserving to the said parties their pleas exceptions and advantages to the Writ aforesaid c. Abridge in Poulton title de Parliament 12. H 27. H. 6. rot 240. In Trespasse the Defendant justifies for Knights expences Et tre de summ and another summons directed to the Sheriff to assesse the Knights expences the plaintiff saith that the Vill is parcell of the Barony c. and discharged from payment and issue thereupon T 21. H. 6. rot 117. A Writ of Attachment to the sheriff of S out of the Parliament to hear their Bill in the same Parliament M 9 H. 5. rot 579. Speciall bastardâ— pleaded in bar to a Sci fac to have execution upon a fiâ—e ss And the said Richard Holt as to the Mannor of D with the Appurtenances and the said Advowson of the same Church of S saith that the said Hugh ought not to have Execution against him thereof because he saith that the said Joan which the sayd Hugh supposeth to be his Mother whilst shee was sole was not married to any man long before the same Joan was married was notably great with child at D in the County aforesaid by one W.L. of the said Hugh by the said W of the said John begotten he the same W then also being sole and not married to any woman and long afterwards that the sayd I was so notoriously great with childe and continually sole and not being married to any man Elopement and with the same W.L. there continually abiding took to husband one T. M. at D. aforesaid from which Thomas the said Hugh took to him his kindred and afterwards Matrimony and Espousalls between the same T. M. and Ioan at D aforesaid were celebrated the same Ioan incontinently departed thence from the said Thomas her husband and enlarged her self from the said Thomas unto the house of the said William in the said Town of D. and with the said W L. there continually the whole life time of the said Ioan was commorant and continued in adultery with the said William After which Matrimony and Espousalls so celebrated the sayd H at D aforesaid was borne without this that the said I was ever married to any other man but only to the said T. M. and all and every of these things the said R. H. is ready to verifie whereupon it shall not be intended that the sayd Hugh as son and heir of the said Ioan ought to have Execution against him of the Mannor aforesaid with the Appurteuances and of the Advowson of the Church of S. in this behalfe c. And as to the residue of the Tenements aforesaid with the Appurtenances and the sayd Advowson of the said church of F. in the Fine aforesaid contained the said R. Holt prayeth licence thereof to imparle here untill in 8. Hill and hath it c. by the consent of the said Hugh the same day is given to the said Hugh here c. ANd the same Hugh not knowing any thing by the same R Holte above alledged Demurrer in Law besides the said Matrimony and Espousalls between the said T. M. and Ioane celebrated whereby the Remainder of the said Mannor of D with the Appurtenances and the Advowson of the Church of S to the said Ioan and the heires males of her body coming by the fine aforesayd was intailed and the same H as Son and heir of the said I sufficiently demandeth Execution thereof by vertue of a fine aforesaid and the said R Holte doth not contradict it but the sayd Hugh is son and heir of the said I and as to the matter by the said R. H. above alleadged the same Hugh hath no need nor by the Law of the Land is held to answer prayeth judgement and Execution thereof for Defect of sufficient answer to him to be adjudged c. Joynder ANd the said R Holte as to the said Mannor of D with the Appurtenances and the Advowson of the Church of S. wherein the said H. doth not gainsay the sayd matter by the said Richard above aleadged which sayd matter is sufficient in Law to exclude the sayd H from having his Execution thereof by vertue of the Fine aforesaid which sayd matter the sayd Richard is ready to verifie prayeth judgement and that the said H may be barred from having his Execution therein and because the Justices c. untill 8 Hillary c. And to another parcell thereof the Defendant saith Non Tenure And to the whole residue pleads in Barr as before and a Demurrer in Law thereupon and continued untill 15 Pasch At which day here came as well the said Hugh by his Attorney aforesaid as the said Richard Holt in his proper person and hereupon the plea aforesaid being heard and understood it seemeth to the court here that the said Hugh Marchon ought to have Execution of the said Mannor of D. and Tenements with the Appurtenances and of the Advowson of the Church of S whereof the parties aforesaid have pleaded to judgement by vertue of the Fine aforesaid notwithstanding any matter for the said Richard Holt before alleadged Therefore it is considered that the same Hugh have Execution against the said Richard Holte of the said Mannor of D and Tenements with the Appurtenances Judgment for the demandant and of the same Advowson of S. c. T 31. H. 6. Execution awarded at the Assizes upon issue in a Sci. fa. upon a fine before the day in the Bench. Ayde of the King rot 315 ss An Entry of a scire facias upon a Fine for W. L. Knight against I H. of the Mannor of H. with the Appurtenances neer R at the Nisi prius at Bitingford verdict for the plaintiff before Io. Prisot Knight then Justice of the
untill the debt aforesaid be levied and upon a judgment that the first recorder is satiâ—fied he shall have such a Scire fac against the first creditor to remove him and to have the lands delivered upon the second extent 38 E. 3. 12. 6. whereas it was considered that in the Court of the Lord the King here that Edward B. Knight should have execution against Thomas Coney late of c. otherwise called c. aswell of a certaine debt of 80 l. which the same Ed. otherwise in the Court of the Lady Elizabeth late Queen of England here to wit in Mich. Term An. of the Reigne of the said Lady the Queen 39. and 40 had recovered against him as of 50 s which to the same Ed. in the same Court were adjudged for his damages which he had by occasion of the detayning of that debt whereof he is convicted And the same Edward afterwards came into the Court of the Lord the King now here and by the statute in such case provided chose to be delivered to him all the goods and chattles of the said T. besides his Oxen other necessaries for the plough likewise the moyety of all his lands and Tenements in the County of Staff to hold as his Free Tenements to him and his assignes according to the statute aforesaid untill he had levyed the debt and Damages thereupon whereupon the King by his writ commanded the sheriff of Staff that all the goods and chattles of the same T. besides his Oxen and necessaries of his Plough and likewise all his lands and Tenements in the County of Staff whereof the same T. in Cr. Anim. An. of the Reigne of the late Queen 39. or at any times afterwards was seised or possessed without delay he should cause to be delivered to the said Edward by a resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattles And also to hold the moyety aforesaid as his Free Tenement to him his assignes according to the Form of the statute aforesaid untill he had levied the debt Damages aforesaid thereupon and in asmuch c. the sheriff should make to appeare here in Crast Anim. An. Regni Rs. nunc 9 and the same sheriff here then returned that he by vertue of the writ aforesaid to him directed had take a certain Inquisition before him at Stafford in the same County of Staff the 22. day of October last past by the Oath of 12. c. by which it was found that the same T. after the Judgment in the same Writ specified given to wit the 20 day of November before the taking of the inquisition aforesaid was seised in his Demesne of Fee of and in the Mannor of W. Coney with its Rights members and appurtenances in the said County of Saff of the yearly rent in all issues besides reprizes 40 s. and recite the return of the inquisition word for word untill in all issues besides reprizes 20 s. And further by the Inquisition aforesaid it is found that the same T. C. at the time of giving of the judgment in the Writ aforesaid specified or at any time afterwards untill the same day of taking of the inquisition aforesaid had no other or more land or Tenements nor any goods or Chattels in the same County of Stafford to the knowledge of the Jury of the Inquisition aforesaid further the same sheriff then there returned that he by vertue of the Writ aforesaid the moyety of the Mannor and Tenements aforesaid above mentioned to be extended to the same Edw. B. according to the exegency of that writ he could not cause to be delivered for that the Mannor aforesaid and all other the premisses with the appurtenances by vertue of an other writ of Extent and Liberi fac to him before therein directed the eight day of January last past to one H P. made to be delivered All and singular which premisses with the appurtenance in the hands of the same H. yet are and remaine by occasion thereof And as to any further execution of the said writ nothing by the said sheriff was further acted therein As by the Record thereof in the Court here remayning manifestly appeareth although after the taking of the Inquisition aforesaid the 8. day of November An Regni of the said Lord the King now of England the 9 th abovesaid it is satisfied to the said Humphery by the said T. Coney of his debt and Damages in the said other Writ specified And although also the said Edward be not yet satisfied of his Debt and Damages aforesaid Notwithstanding the same Humphery yet keepeth possession of the lands and Tenements aforesaid with the appurtenances Generall avermant of satisfâ—ction as by the information of the said Edward the King understandeth And the same Lord the King being willing to do to the said Edw what is just and consonant to reason doth command the sheriff that by honest c. he should make knowne to the said Humphery that he should be here at this day to wit Cr. S. Trin to shew if any thing c. wherefore the same Humphery whereas he is satisfied of the Debt and Damages aforesaid in Form as aforesaid The possession of the Mannor Tenements aforesaid with the appurtenances he would hold or ought and row here at this day came aswell the said Edward by Iohn Richards his attorney as the same Humphery by R. G. his attorney and hereupon the same E. prayeth judgment and that the same H. from his possession of the Mannor and Tenements aforesaid with the appurtenances may be removed And that the said Edward into the possession of the moyety of the same Mannor and Tenements with the appurtenances may be restored so that the moyety of the same to the said Edward according to the extent aforesaid may be delivered c. ANd the said Humphery reserving to himself all and every advantatages and exceptions Speciall imparlance aswell to the Writ as to the declaration a-aforesaid prayeth license thereof to imparll untill Oct. S. Mich. and hath it c. the same day is given to the said Edward B. here c. At which day here came aswell the said Edward as the said Humphery by their attornies aforesaid And hereupon the same Edw as before prayeth judgment and that the said H. from his possession of the mannor and Tenements aforesaid with the appurtenances may be removed and that the moyety of the same Mannor and Tenements aforesaid with the appurtenances to the said Edward according to the Extent aforesaid may be delivered c. And the same Humphery nothing in Bar or delay of the judgment aforesaid saith whereby the same Edward remayneth against the same H. therein without defence Therefore it is considered that the same Humphery from the possession of the mannor Tenements aforesaid with the appurtenances be removed c. And that the moyety of the same Mannor and Tenements
with the appurtenances according to the Extent aforesaid to the said Edward should be delivered and c. And hereupon the sheriff is commanded that he remove the same Hum. from the possession of the mannor and Tenements aforesaid with the appurtenances and the moyety of the same Mannor and Tenements aforesaid with the appurtenances according to the Extent aforesaid without delay he should cause to be delivered And in asmuch c. the sheriff make to appeare here 15. Hill at which day here came the said Edward by his Attorney aforesaid and the sheriff of the said County of Stafford to wit R. M. Esquire now returneth that he by vertue of the writ aforesaid to him directed the 20 day of January An. c. 10. came to the mannor and Tenements aforesaid with the appurtenances And the same Humphery P from the possession of the Mannor and Tenements aforesaid with the appurtenances removed And the moyety of the same mannor and Tenements aforesaid with the appurtenances to wit one Close called the Mills of the yearly in all issues besides reprises 8 l. and so recite such premisses as are expressed in the Writ by the first Inquisition unto beyond reprizes 4 l. being the equall and just moyety of the whole Mannor and of all the Tenements aforesaid with the appurtenances to the same Edward B. made to be delivered according to the extent aforesaid in the Inquisition aforesaid above made as by the said Writ it was commanded to him c. Entry of a Sci. fac against the Conusee in a statute merch brought by the conusor to have back the possession of lands extended for that he is satisfied M. 47. E. 3. fo 11 Pl. 9. fit Sci. fac 96. T. 17. E. 3. fo 43. Pl. 38. T 19 Jac. rot 2159. Brownlow London ss It was commanded the sheriffs that they should take the body of Thomas Leake of L. in the County of Nottingham Gent. if he were a Lay-man and in the prison of the Lord the King under their custody should safely keep untill unto G. Woodnot of S in the same County Gent. of four hundred pounds which the same Thomas the thirtieth day of October Anno Regni c. 4. before I. R. then Mayor of the City of Lincolne and Leonard Carr Clark deputed to take the Recognizance of Debts within the City acknowledged himselfe to owe to the said George and which to him at the Feast c. then next following he ought to have paid and the same to him hitherto he hath not payd as it is said and insomuch as shall be executed of that precept of the Lord the King they should make knowne to the Justices of the said Lord the King at Westminster in Cr. S Trinitatis An. Rs. c. 18 And the same sheriff to the Justices of the Lord the King at Westminster at that day retorned H. 17. Jac. rot 293 â— L. a. R. and F. the like Scire fac upon a promise that the conusee is satisfied pro fluxum temporis That the said Thomas was not found in their bayliwick Therefore it was commanded to the sheriff of B. that all the goods and Chattles of the same Thomas and all his Lands and Tenements whereof the same Thomas at the day of the acknowledgment of the debt aforesaid or at any time afterwards was seised unto those hands soever they have came unlesse they descend to some heir being within age by hereditary descent you cause to be delivered to the said George by resonable price and extent to hold to him the goods and Chattles aforesaid as his proper goods and Chattels And to hold the Lands and Tenements aforesaid as his Free Tenements to him and his assignes according to the Forme of the statute thereof provided untill the Debt aforesaid together with reasonable Damages costs charges as in labours suits delayes and expences he had therein levied T 39 Eliz rot 1711. the Defendant after judgment and before execution makes a Feoffment in fee to I S who enfensss J N and then the lands are extended the second Feoffee bring the moneys into the Court and prayeth restitution the Plaintiff warned comes and receives the money and restitution was awarded and in asmuch as the said sheriff had executed the said precept of the said Lord the King he should make appeare to the Justices of the said Lord the King at Westm from the day of the holy Trinity in three weeks An. R. c. 18. At which day Humphery Foster Baronet sheriff of the County of Berke then returned to the justices of the Lord the said King at Westm a certaine Inquisition before him at Winsor in the County aforesaid the first day of Iuly then last past taken by which it was then found that the said Thomas after the Recognizance of the Debt aforesaid and at the time of taking of that Inquisition was seised in his Demesn as of Fee and right of and in the Mannor of W. otherwise E. W. and also of the Scite and Mansion house of the same mannor of W. otherwise E. W. And so recite the whole Inquisition verbatim unto the issues besides reprises of 50 l. which said mannor and Scite and of the mannor aforesaid with all their appurtenances the sheriff aforesaid the first day of July delivered by the extent aforesaid to the said George to hold to him and his assignes as his Free Tenement untill the Debt aforesaid together with the reasonable and necessary Damages costs and charges should be levyed thereof as by the same writ and returne thereof in the same Court of the Lord the King here of Record remayning manifestly appeareth And although after the taking of the Inquisition aforesaid the said George was satisfied of his Debt Damages costs necessary and resonable charges Neverthelesse the same G. possession of the Mannor Tenements aforesaid with the appurtenances yet holdeth as by the information of the said Th. the King understandeth The Lord the King willing to do in this behalfe what is just and consonant to reason doth command the sheriffs of London that by honest and lawfull men of their bayliwick they should make knowne to the said George W. that he should be here at Westminster in Crastino S. Trinitatis to shew if any thing c. Testat Sci Fac awarded wherefore the same George whereas to him of his Debt Damages Costs and resonable and necessary charges it hath been satisfied possession of the mannor and Tenements aforesaid with the appurtenances he ought or can hold At which day the sheriff returne to the Justices of the Lord the King here that the said G. hath nothing in their bayliwick whereby they could make knowne to him neither was found in the same whereas it was Testified in the same Court of of the Lord the King here that he hath sufficient in the County of Nott. whereby the same sheriff can make knowne to him whereupon it was commanded to the
sixteen pounds and ten shillings The record of the Assize certifi d into the Bench. and that the same T.C. should be thereof in mercy as by the Record and proceedings therein the Justices of the said Lord the King here to wit at Westminster at the command of the Lord the King sent and in the same Court here before them remaining manifestly appeareth Execution notwithstanding of the judgement aforesaid yet remaineth undone and the same T.T. is dead as by the information of T. T. Esquire son and heir of the said T.T. his Father and Executor of the Testament of the said T.T. his Father the King understandeth and because c. that by honest c. he should make known to the same T.C. that hee should be here in 8. Sancti Michaelis to shew if any thing c wherefore the same T. T. the son Execution upon the judgement aforesaid ought not to have if c. At which said 8. Sancti Michalis Adjournment untill Mens Michaelis ANd now here at this day came as well the same T.T. the Son by E. S. his Attorney as the same T. C. premonished c. by I. A. his Attorney and the sheriff now returneth that he had made known to the said T.C. of being here at this day to shew in Forme aforesaid c. by M. H. and E. H. honest c. and hereupon the same T.T. son and heir bringeth here into Court the Letters Testamentary of the said T.T. his Father by which it appeareth to the Court here the same T. T. the son to be Executor of the Testament aforesaid and thereof to have the Administration c. And as Son and heir of the said T. T. his Father prayeth that the Nusance aforesaid by the view of the Recognitors aforesaid may be removed and that the banck aforesaid may be cast down c. so that the water aforesaid by the gutter aforesaid through the same close of the same T.C. called H. and from thence unto the common River called Fosse in the said County of Lincoln into its ancient course at the charges of the said T.C. may be reduced and as Executor of the Testament aforesaid prayeth Execution for the Damages aforesaid to be adjudged unto him c. ANd the same T.C. nothing to hinder the Execution of the judgement aforesaid sayth whereby the same T. T. the son remaineth against the same T.C. therein without defence N. l. dic Therefore it is considered that the said T.T. son and heir of T.T. his Father and as Executor of the Testament aforesaid have Execution of the judgement aforesaid against the same T.C. in forme aforesaid given c. P 21. Iac. rot 1816. Brownlow Norff. ss Entry of a Sci. fac for the Tenant in a wâ—it of dower to have execution of the lands to the vaâ—ue c. of the third part recovered in dower after seisin hod af the third paâ—t demanded for the demandant against the Tenant It was commanded the sheriff whereas Ioane Morrell widdow who was the wife of John M. Gent. lately in the Court of the Lord the King now here to wit at Westminster had demanded against Robert Long Gent the third part of one Messuage c. with the Appurtenances in H. as her Dower which hapned to her out of the free Tenement which was of the said I her late husband by writ of the Lord the King Dedo te unde nichil habet And the same Robert in the same Court of the Lord King here called Iohn N. Gent. summoned in the County aforesaid to warrant against her which said Iohn M. summoned afterwards in the Court of the Lord the King here made default by which it was then considered in the same Court of the King here in the Terme of Saint Michael Anno Regis nunc 18. that the said Ioan should recover her seisin against the same Robert of the third part aforesaid with the appurtenances and that the same Robert should have of the third part of the said I. N. to the value of the third part aforesaid with the Appurtenances by default of the sayd I. N. and although the same Ioan hath obtained her seisin of the third part aforesaid with the appurtenances by vertue of the judgement aforesaid neverthelesse the same Robert of the third part of the same I. N. to the value of the third part aforesaid hath not attained and because c. that by honest c. he should make known to the said I. N that hee should be here at this day to wit A Die Pas in â—unam mensem to shew if any thing c. wherefore the same Robert of the third part of the same I N. to the value of the third part aforesaid with the Appurtenances according to the Forme of the Recovery aforesaid ought not to have c. And now here at this day came the same Robert by Luke Constable his Attorney and offered himselfe the fourth day against the said I. N. in the same plea and he being solemnly called came not and the sheriff now returneth that he by vertue of the Writ aforesaid to him directed made known to the same I.N. of being here at this day to shew in form aforesaid by Iohn Doo and R. R. c. Therefore it is considered that the same Robert have Execution and seisin against the said I.N. of the lands of the said I. N. to the value of the third part aforesaid with the appurtenances by default c. and hereupon the same Robert prayeth a Writ of the Lord the King to be directed to the sheriff of the County aforesaid to cause to be made to him full seisin of the Lands of the said Iohn N. to the value of the third part aforesaid with the appurtenances to hold to him in severalty by metes and bounds and it is granted to him returnable here in Crastino sancti Trinitatis c. T 21. Iac. rot 3360. Brownlow Dorset ss Sci. fac sued by the administrators to have Execution upon a judgement had by them as administrators Hurding and Martin Admistrators of Martin sue out a Scire facias upon a judgement had by them as Administrators M. 18. Iac. against Starr for fourteen pounds as for six pounds and have Execution by default without shewing the Letters of Administration Quaere for they brought them into Court upon the first declaration H 21. 21. Iac. rot 3150. Gulston Otherwise as it appeareth in Mich. Terme Anno 21. Entry of a Sci. fac against the sheriff to render to the plaintiff so maâ— catrell as were replevied by him by pledges for that the pledges are insufficient Quaere whether such writ ought to be brought in Middlesex where the record of the recovery remaineth or where the Testat Sci. fac is to wit in the county of Surrey 18 E. 4. 18. and 22. 9 H. 6. fol. 42. 15 24. 19 2 H. 6. 15. 21 H. 6. 40. 4 H. 7. 67. 10 H 7. 11. 3
and lawfull Knights of his County and in his proper person came to the same Court of the said G.W. and in full Court there held the tenth day of May An. c. 13. abovesaid and caused to be recorded the Plaint aforesaid which was in the same Court without the Writ of the said Lady the Queen between the parties aforesaid in the Plea aforesaid And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court of those who were present at the same Record And had prefixed the same day to the parties aforesaid that they should be here to proceed in the same Plaint as shall be just And now here at this day came as well the same Marquesse by Rich. Lee his Attorney as the same Eliz by W. Plomer her Attorney Judgment that the cause is insufficient to remove the cause and a writ of Procedendo is granted whereupon the cause aforesaid being seen in the Writ aforesaid recited It seemed to the Justices here that cause to be insufficient in Law to remove the Plaint aforesaid out of the same Court of the said G.W. of his Mannor aforesaid And that the Court of the Queen here ought not to take Cognizance of the Plea therein And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid Therefore it is considered that the same Bayliffs notwithstanding the Writ aforesaid in the Plaint aforesaid according to the Law and Custome of the Mannor aforesaid at the prosecution of the said Marquesse proceed with effect and that they exhibit to the parties aforesaid full and speedy Justice therein according to the custome of the Mannor aforesaid c. P. 11. Iac. Rot. 2215 ss Entry of a writ of Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damages in the plaint are under 40 â— The Lord the King sent to the Sheriff of Lincoln his Writ closed in these words Iames by the Grace of God c. to the Sheriff of Lincoln greeting We command you that taking with you four discreet and lawfull Knights of your County In your proper person come to the Court of Edward Dymock Knight of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court without our Writ between I. c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said And have that Record before our Justices at Westm Mense pas under your Seal and the Seals of four lawfull men of the same Court who shall be present at that Record and that you prefix the same day to the parties that then they should be there to proceed in the same Plaint as shall be just and have you the names c. Teste c. because the same Defendant for the favour which the same Plaintiff hath in the same Court cannot have Justice there as it is said Let execution be done upon that Writ if the cause be true and the same Defendant shall desire it or otherwise not And now here at this day to wit at the same Mens pas I. L. Knight Sheriff of the County aforesaid returned that he by vertue of the Writ aforesaid took with him I. D. R. R. I. D. and F. Fenn four discreet and lawfull men of his County in his proper person came to the Court of Edward Dymock aforesaid and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ And the Record thereof hath before the said Justices here at the same Mens pas under his Seal and the Seal of I. Hart R.S.I.N. and W. Stoke four lawfull men of the same Court who were present at that Record and prefixed the same day to the parties that then they should be here to proceed in the Plaint aforesaid as should be just Horncastle cum Soca ss At the Court of Pleas of Edward Dymock Knight Tenant or Farmer of the Reverend Father in Christ H. Bishop c. held such a day and year c. T. complaineth against W. late of c. of a Plea of Trespasse upon the case Pledges to prosecute Io. D. R.Ro And now here at this day came the same T. by R.O. his Attorney Cause alledged for a Procedendo because the damages exceed not 40 s. and the Common Bench cannot take cogâ—izance of the plea. and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings And for that cause prayeth a Writ of the Lord the King de procedendo in this behalf to be granted him And because the same W. nor any other on the behalf of the said W. came not nor alledged any thing in Court here to the contrary for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint do not amount to forty shillings in which case it belongeth not to the Court here to hold Plea thereof It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid may further proceed in the Plaint aforesaid between the parties aforesaid Therefore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid that they further proceed in the Plaint aforesaid according to the law and custome of his Soak of the Mannor aforesaid the same Writ of the said Lord the King Procedendo awâ— ded non obstante c. before therein to the same Sheriff directed notwithstanding And that they exhibit full and speedy justice therein to the parties aforesaid according to the Law and custome of his Soak of the Mannor aforesaid should be to be done c. Allowance H. 3. I. Rot. 220. c. Brownlow Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity The Lord the King sent to his faithfull and beloved George Kingesmill Knight one of the Justices of the said Lord the King of the Common Bench his Letters Pattents in these words James by the Grace of God of England Scotland France and Ireland King Defender of the Faith To the Treasurer Chancellor Chamberlain and Barons of our Exchequer And also to our faithfull and beloved George Kingesmill one of our Justices of the Common Bench greeting Know yee that we considering the debility of the body of the said George K. broken with infirmities and old age And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench which he is wont to undergo as in the Letters Patents c. And
said I. H. whom c. to answer the said John Martin in the said plea c. T. 13. Jac. Rot. 3627. c. Brownlow the like is entred upon an Attachment of Priviledge for a Judges Clerk of the Common Bench with an Amerciament and awarding of an Hab. Corp. M. 10. Jac Rot. 1920. Norf Amerciament of a Bayly of a liberty upon a Cepi corpus returned and a Distringas awarded upon an attachment of priviledge M 19. Jac. rot 1948. M. 21. H. 8. rot 529 11 H. 4. fol. 43. pl. 12 ss It was commanded the Sheriff that he should attach I.G. so that he should have him here at this day to wit upon Fryday next after Mens pas to answer H.S. Gent. one of the Attorneys c. as in others in a plea of debt And now here at this day came the said Henry in his own person and he came not And the Sheriff to wit T.C. Esquire now returneth that he by vertue of the Writ aforesaid to him directed commanded Hen Hobart Knight and Baronet Attorney-generall of the Lord the King and Bayliff of the liberty of the said Lord the King of his Dutchy of Lanc. in the County aforesaid who hath the fall execution of all Writs within the liberty aforesaid and the returns of them within which execution of that Writ wholly vesteth to be made for that no other execution in any other place out of the said liberty can be made by the Sheriff which said Bayliff answered to the said Sheriff that he had taken the body of the said I. whose body he had ready before the Justices here at this day And because the said Bayliff hath not the body of the said I. ready here at this day Therefore the said Bayliff in mercy And is fined by the Justices here at forty shillings Therefore the Sheriff is commanded that be distrain the said Bayliff by all his lands c. and of the Issues c. so that he have here upon Fryday next after Cr. Trin. the body of the said I. whom c. to answer to the said H in the plea aforesaid c. See Trin 14. Jac Rot 2151. c. Brownlow a Distringas awarded after a Cepi Corpus returned by the Sheriff upon a Mand. Bal. against the chief Steward of the liberty of Bury Duces tecum awarded the Sheriffretu ned a Languidus in prisona upon an attachment for contempt M. 2. Car. Reg. Rot. 843. c. Brownlow War ss It is commanded the Sheriff as at another time it had been commanded to the said Sheriff that he should attach I.B. of c. if c. and safely c. so that he should have his body here at this day to wit upon Satturday next after fifteen Trin. to answer to the said Lord the King now of such things as at that day should be here objected against him And further to do and receive what the Court of the said Lord the King here should consider of him in this behalf And now here at this day came here into Court Robert Heath Knight Attorney-generall of the Lord the King now who for the same Lord the King in this behalf followeth And the same John being solemnly called came not And the Sheriff to wit Io. N. Esquire now returneth that by vertue of the said Writ to him directed he took the body of the said I. B. whose said body was so languishing in the Prison of the Lord the King in the County of War and held with divers infirmities so that he could not have his body ready here at this day as by the said Writ to him it was commanded c. And hereupon in the said Court of the Lord the King here on the behalf of the said Lord the King it was testified that the said Iohn is whole and sound and able to labour Therefore it is commanded to the said Sheriff that he or his under Sheriff be here upon Thursday next after Cr. Martini bring here with him the said Jo. whether he be unsound or infirm Sâ—e the old book of Entries fol. 41. title Annuity in proces 7. See T. 2. Car. Reg rot 2681. c. Gulston Vpon an appearance to an attachment upon contempt and thereupon examined submits himself to a fine to answer the said Lord the King now of and upon the premisses aforesaid in form aforesaid And this he by no means omit under the penalty of ten pounds which the Sheriff shall know himself to loose if he shall not do it H. 10. Eliz. Rot. 549. Buk ss It was commanded the Sheriff that he should not omit for any liberty of the County aforesaid but that he should attach J. R so that he should have his body here at this day to wit upon Thursday next after Cr. Pas that same term to answer to the Lady the Queen of and upon such things which then here on the behalf of the Lady the Queen should be objected And now here at this day that same Tearm came the said J. in his proper person by the Sheriff of the County aforesaid by vertue of the Writ aforesaid to him directed brought here to the Bar whereupon the Court here is given to understand that the same J.R. present here in Court that same Term in the face of the same Court behaved and carried himself evilly and unjustly in giving evidence to twelve Jurors of the same County of Buk to try a certain Issue of the Country between certain G.G. and A. his wise Plaintiffs and certain W.H. late of and J.L. late of c. in a plea of Trespasse in the same Court here joyned And prayeth that the same J. R. may be fined to the said Lady the Queen for that occasion whereupon the same J.R. being asked by the Justices here if he had or knew any thing to say for himself wherefore he ought not to be admitted to make a Fine with the Lady the Queen therein who saith that he will put himself upon the favour of the Court to do what the same Justices here should consider of him in that behalf And hereupon the same I. R. is admitted to make his Fine with the Lady the Queen by the occasion of the premisses at forty shillings to be paid here in Court into the hands of R.L. one of the Prothonotaries of the Court of the Lady the Queen here for divers Statute-books in the Treasury-house of this Court remaining bought Therefore the same I. go thereof without day c. Ballivo amovendo P 10 H. 6 Rot. 324. Be it remembred that Thomas May Entry of a Writ De ballivo amovend to remove a Bayliff for continuing in office above one year togeher against the form of the statute the third day of June that same Tearm delivered here to J.H. under Sheriff of Kent two Writs of the Lord the King closed directed to the Sheriff of Kent in form of Law to be executed which said Writs the same Sheriffs here in Court opened whose Tenors severally
follow in these words Henry by the Grace of God c. to the Sheriff of Kent greeting whereas in the Statute in the Parliament of the Lord Henry late King of England our Father at Westminster lately held amongst other things it was ordained and established that such who are Sheriffs Bayliffs for one year should not be in any such Office for three years next following except Sheriffs Bayliffs whose Sheriffaldries are Hereditary And you by your Oath lately taken are bound firmly to observe the statute aforesaid And we have understood that N. K. one of your Bayliffs of your County which Sheriffraldry is not hereditary to you as it is said hath continued by more years in the same Office against the form of the statute aforesaid we willing inviolably to observe the statute aforesaid command you as other times we have commanded you that if it be so that then you remove without delay the same N. from his said Office and suffer him not further to execute in the same Office in the County aforesaid against the form of the statute aforesaid or signifie the cause to us wherefore you have non-obeyed our command at another time therein to you directed Teste humfr Duce Glouc. Keeper of England at West 17. Febr. An. Reg. nostri 9. Capias ad Satisfaciendum Entry of a Testat Casam for residue of a debt whereof parcell was levied upon a Testat Fi. fac Here the return of nulla bona by the Sheriff of Wilts is not recited which ought to have been Parcell levied nulla bona returned P. 6. H 8. rot 158. T. 5. Eliz. rot 381. Cap. after Elegit after an nihil is returned Non invent returned Testat casam awarded to the Sheriff of Glouc. T 13. Jac. Rot. 632. Brownlow C. Glouc. ss The Sheriffs were commanded that of the Lands and Chattels of R.F. c. otherwise called c. Gent. they would cause to be made as well a certain debt of a hundred and sixty pounds which R. F. in the Court of the Lord the King now here recorded against him as eighty shillings which to the same R. in the same Court of the Lord the King here were adjudged for his damages which he had by occasion of detaining of that debt And that he should have those monies here at this day to wit in Cro. Trin. to render to the same R. for his debt and damages aforesaid whereof he was convicted And now here at this day cometh the same R. by J. T. his Attorney and the Sheriff to wit R.B. Esquire now returneth that he by virtue of the Writ aforesaid to him directed of the Lands and Chattels of the same R. in his Bayliwick caused to be made sixty shillings parcell of the debt and damages aforesaid And further that the said R. had no other Lands and Chattels in his Bayliwick whereof he could make the residue of the debt and damages aforesaid or any parcell thereof hereupon the same R. prayeth a Writ of the Lord the King to be directed to the Sheriff of Witls where his originall Writt first issued to take the said R. to satisfie to the said R. of a hundred and sixty one pounds residue of the debt and damages aforesaid And it is granted to him returnable here Tres Trin. whereupon it was commanded the Sheriff of Wilts that he take the said R.F. if c. and safely c. that he may have his body here at the said Tearm to satisfie the said R. of the residue of the debt and damages aforesaid in form aforesaid And now here at this day to wit tres Trin. came the same R. by his Attorney aforesaid And the Sheriff now returneth that he is not found c And hereupon it is testified in the Court of the said Lord the King here that the said R. doth lye hid and run from place to place in the said County of Glouc. Therefore it is commanded to the Sheriff of Glouc. that he take the same R. if c. and fafely c. so that he have his body here in Cro. Annimarum to satisfie the said R. of the residue of the debt and damages aforesaid in form aforesaid c. Capias pro fine and entâ—y of an Exigent thereupon H. 26. Eliz. Rot. 1737. c. Ford. Angl. ss The entry of an Exigent upon a Capias pro fine T. 26. Eliz. Rot. 2148. c. Ford. Monmoth Lennard Custos br Crompton Chirographer Comâ—osition made by the Justices for Fines in Monmoth a composition made by the Justices for Fines in Monmoth shire SVff ss Hil 41. Eliz. Rot. 2118. ss It was commanded the Sheriff that of the goods and Chattells which were of R. S. of Entry of a Casam after a Fâ—fac and special return de devastavix against the Executrix upon the Inquisition c. at the time of his death in the hands of A. F. and M. his wife Executrix of the Testament of the said R. in your Bayliwick he cause to be made as well a certain debt of sixty pounds which T. B. in the Court of the Queen here to wit at Westm recovered against the said R. Smith as twenty shillings which to the said T. in the same Court of the said Queen were adjudged for his damages which he had by occasion of detaining of that debt And that he should have the monies before the Justices of the Lord the King here to wit at Westm Mens Mich. to satisfie the said T. of the debt and damages aforesaid whereof he was convicted And whereupon it was considered in the same Court that the said T. should have execution against the same A. and M. of the debt and damages aforesaid of the Goods and Chattells which were of the same R. at the time of his death in the hands of the same A. and M. to be administred by default Recitall of the Testat fi fac de bonis testatoris Suggestion de bien And whereupon our Sheriffs of London returned to the Justices here to wit at Westm tres Trin. last past that the said A. and M. had no Goods or Chattells which were of the said R. at the time of his death in their hands in their Bayliwick to be administred whereof the debt and damages aforesaid or any parcell thereof they could cause to be made whereas it was testified in the same Court here that the said A and M. had sufficient of Goods and Chattells which were of the said R. at the time of his death in their hands in your Bayliwick to be administred Vic Mandavit ballino libertatis Nulla bona Suggestion that the Executor wasted divers goods with the intention that execution might not be done whereof they might cause to be made and levied the debt and damages aforesaid And the same Sheriff to the Justices here at that day returned that for the execution of that Writ he had commanded the chief Bayliff of the Lady the Queen of her liberty of
Bury St. Edmund in his County who hath full power to execute all Writs and Warrants within the liberty aforesaid and return of them To which said Bayliff execution of that Writ doth wholly remain to be done for that execution of the same Writ elsewhere out of the said Liberty in his County by the said Sheriff cannot be done which said Bayliff did answer the Sheriff that there were no Goods or Chattells in his Bayliwick which were of the said R. S. deceased in the hands of the said A. and M. to be administred whereof the debt and damages aforesaid or any parcell therof he could cause to be done And because the return aforesaid doth seem to the Court of the Lady the Queen here insufficient and in delay of execution of the Recovery aforesaid to be done And in the Court aforesaid before the said Justices here on the behalf of the said T. it is testified that the said A. and M. divers Goods and Chattells which were of the said K. at the time of his death in the hands of the said A. and M. to be administred have sold and the monies received for those Goods and Chattells have converted to their own uses and the residue of the Goods and Chattells which were of the said R. with intention that the said execution should not be thereupon done by the same A. and M. are eloyned or converted unto the uses of the said A. and M. The Lady the Queen now unwilling that such things which in the Court here are rightly acted and adjudged by art or ingeny to be avoided A Writ awarded to enquire of the wast commands the same Sheriff of Devon that of the Goods and Chattells which were of the said R. at the time of his death being in the hands of the same A. and M. in his Bayliwick he would cause to be made the debt and damages aforesaid if they could be found in his Bayliwick Otherwise it was commanded to the same Sheriff that by the oath of honest and lawfull men of his Bayliwick he should make diligent enquiry what Goods and Chattells which were of the said R. at the time of his death were by the said A. and M after the death of the said R sold eloyned or converted to their own uses And if it shall appear to the said Sherif by that Inquisition that the said A and M the Goods and Chattells which were of the said R at the time of his death to the value of the Debt and Damages aforesaid or of any parcell thereof after the death of the said R. have sold eloyned or converted to their own uses then of the proper Goods and Chattells of the said A and M in his Bayliwick he should cause to be made the Debt and Damages aforesaid to the value of the Goods and Chattells which were of the said R at the time of his death so sold eloyned or converted to their own uses and that he should have those monies here at this day to wit in Oct. S Hil to answer the said T of the debt and Damages aforesaid At which day here came the said T in his proper person And the Sherif now returneth that the said A and M have no Goods nor Chattells which were of the same R S at the time of his death in his hands to be administred whereof the Debt and Damages aforesaid or any parcell thereof could be made And the same Sherif further returned here a certain Inquisition taken at St. E B in his County the sixteenth day of January An 41. Eliz Reg before the same Sherif by vertue of that Writ by the oath of twelve honest and lawfull men of his County who say upon their oath that the said A and M have sufficient of the Goods and Chattells which were of the said R S at the time of his death in their hands to be administred to satisfie the Debt and Damages aforesaid And that the same A. and M. have sufficient of the goods and chattells which were of the sayd R. S. at the time of his death in their hands to be administred to satisfie the debt and damages aforesaid Devastavit found by Inquisition and that the same A and M. the same goods and chattells have sold eloyned and converted to their own uses and that the same A. and M. have no proper goods or chattells in his bayliwick whereof hee could make the debt and damages aforesaid or any parcell thereof therefore it is commanded the Sheriff that he should take the same A and M if c. And safely c. so that he might have their bodies here A die Pas in fifteen dayes to satisfie the said T of the said Debt and Damages aforesaid c. Pettifers case Coke 5 fol. 32. Where such course is adjudged ill and erronious such a president is in Mich. 2. Jac. rot 1756. Quaere if this form be usuall or not because the case aforesaid is adjudged to the contrary H 7 Iac. rot 904. Brownlow London ss It was commanded the Sheriffs Entry of a writ of Testat ca. sat in the County Palatine after resort upon a Devastavit returned against the Executors upon a Testat fi fac de bonis testatoris Entry of a fi fac de bonis testatoris Nulla bona testatoris returned that of the goods and chattells which were of T L late of c. otherwise called c. at the time of his death in the hands of F L late of c. Executor of the Testament of the same T being in your bailiwick you cause to be made as well a certaine debt of one hundred seventy three pounds eighteen shillings four pence which Francis Nedham in the Court c. as forty shillings which c. If the said Francis Looker hath so much goods and chattells which were of the said T at the time of his death in his hands to be administred and if he have not then the damages aforesaid to be levied of the proper goods and chattells of the said Francis Looker and that they should have those monyes here at this day to wit in Oct. ab S. Hillarii to render to the said Francis Needham for his debt and damages aforesaid whereof hee is convicted and now here at this day came the said Francis Needham by Iohn Gulston his Attorney and the Sheriffs now returned that the said Francis Looker hath no goods nor chattells in their Bailiwick which were of the said T at the time of his death in his hands to be administred whereof the debt and damages aforesaid or any parcell thereof could be made or levied nor any proper goods or chattells in their Bailiwick Testat fi fac awarded whereof they could make or levy the damages aforesaid or any parcell of them And hereupon it is testified in the Court of the King here that the said Francis Looker hath sufficient goods and chattells which were of the said T at the time of his death
c. And the Kings Attorney informed against him for Forging of Writs and counterfeiting the Seale of the court And Pecock confessed the Forging of Writs but denyed the counterfeiting of the Seale but sayd that the writs were sealed with the Seale of the Kings Bench by the Keeper of that Seale of Fraude c. Ignorantly And he is committed c. Commitment for making of a faigned writ of Supersedeas assevering that he was one of the Judges servants whereas he was not Commitment to the Fleet up on a Cepi corpus upon a Capias velagat with a remittitur into London to answer a plaint there wherewith hee is charged after which the outlawry is discharged and security given in Court to answer the Plaintiffs upon a writ thereupon in debt Commitment to the fleet of one in execution upon a judgment in the Bench. M 8. H. 7 rot 419. the court is informed of a fictitious writ of Supersedias of Privilege for one assevering himselfe to be one of the Judges servants where he was not so And upon examination thereof he is committed to the Fleet And a Fine put upon him to twenty shillings P 19. Eliz. rot 2. ss It was commanded the Sheriffs of London that they should not omit c. but that they should take R. F. of c. Utlawed in London such a day at the suite c. And now here at this day came the same R. to the custody of the said Sheriffe brought here to the Barr And the same Sheriffs to wit A B now returne that they tooke the body c. The said Sheriffs also returned that the sayd R. is detayned in their custody by vertue of a certaine plaint against him the 10 day of May last past levied in the court of the Lady the Qu. before the said A. one of the Sheriffs c. by the name c. At the suit of I. A. and B. his wife in a Plea of Covenant broken whereupon the said R. is committed to the Prison of the Fleet of the Lady the Queen by occasion of the utlawry aforesaid there to stay untill c. And when as the said R. shall be pardoned or otherwise discharged from the Utlawry aforsayd there let him be remitted into the City of London to find sufficient securety in Court here to answer the said I. and B. in the Court here of the plaint aforesaid there levied upon a Writ thereof by them in the court here to be prosecuted c. T 25. Eliz. rot 21.62 ss a Hab. corpus to T. H. in prison c. retornable c. And hereupon came here into the Court one G by B his Attorney prayeth that the said T may be committed to Prison in execution aswell for a certaine debt of 100 s. which c As for 10 s. which c. As it appeareth in Hill terme c. Roll c whereupon that Roll being seen by the Justices here It is demanded of the same T. whether he be the same person which is convicted to the said G. in thed debt and damages aforesaid or not who saith that he is c. Therefore the said T. aswell for those debt and damages as for those occasions in the Schedule aforesaid specified is committed to the Prison of the Fleet safely to be kept to stay there untill c. Commitment of one in execution upon a Sci. fac upon a Judgement H 5. Ia R rot 1757. Isham against Pill untill according to the forme of the recovery aforesaid if c. And here now at this day came aswell the said E by T R his Attorney As the said T. Pill in his proper person under the custody of I. P. warden of the Prison for the prison of the Lord the King of the Fleet by vertue of a writ of the Lord the King of an Hab. Corp. to the said warden directed was brought here to the Barr the Sher. now returneth that the said T Pill bath nothing c. nor is found c. And hereupon the said Eusebius prayeth execution against the said T. of his debr and damages aforesaid to him to be adjudged And the said Tho. Pill saith nothing in Barr or hinderance of the execution of the said E. aforesaid whereby the sayd E remayneth against the sayd Thomas therein without defence Therefore it is considered that the said E. have execution against the said Thomas for the debt and damages aforesayd c. Afterwards to wit the sayd 12. day of February that same Terme came here into the Court the same T. P. in his own proper person under the custody of the sayd warden of the said Prison of the Fleet by vertue of a Writ of the Lord the King of Hab. Corpus to the same Warden directly brought there to the Bar And at the petition of the sayd Attorney of the sayd E. there he is committed to the prison of the Fleet in execution for the debt and damages aforesayd there to stay untill c. M. 37. H. 6. Rot. 124. A Committitur entred of one committed to the Fleet for rasure of a Record in the Common Bench being convicted by his owne confession and afterwards was admitted to a fyne by pledg I. D. and afterwards set at liberty T 27. Eliz. Rot 12. London ss Entry of a Hab. Corpus at a day certaine and the causes certified and he was committed by the judgment Roll without any proces sued of Execution c. And now here at the sayd Thursday the sayd Prisoner in his proper person by the Sheriffs aforesayd brought here to the Bar And hereupon came here in Court W. O. attorny of B and sayth that he to wit in Easter Terme last past recovered here in Court against the sayd W. O. aswell a certine debt of 100 l. as 10 l. which c. whereof he is convicted as it appeareth in Easter Terme Roll. And prayeth that the said W. be committed to the Prison of the Fleet for that occasion Entry of a commitment of a Prothonotaries clerk and of a sheriffs clerk for rasing of a writ of execution in the test return for arresting of the defendant with the same writ before it was new Sealed T. 15 H. 9. rot 112 commit of an attorny for alting a counter-plea of the voucher H. 6. I rot 1002. entry of a Commitment of one P. to the fleet for rasure of a fine and a fine imposed upon him by the Court. H. 16. Eliz. rot 956. Grevills case examinaiion of fraud in the defendatns attorney for suffering a judgment the judgment is vacated and especiall entrey of a judgment New books of entries to 344. title Hab. corpus 1. Harisons case Dyer folio 149. The party in execution suggesteth to the court that the case issued out of the court in Easter termâ— retornable tres Trin. and that he was not found and that afterwards it was rased in the Test and retorn not sealed again that he was taken in
execution upon that writ which had no continuance upon the roll prayeth to be discharged of the execution and because to the Justices here it sufficiently appeareth upon Record that the allegation of the said W. C. is true Therefore the said W. G. at the prayer of the sayd W. O. is committed to the Prison of the Fleet by occasion of the premisses there to stay untill c. M 7. and 8. Eliz. Rot. 1848. It was commanded the Sheriff that he should take Thomas Thurland late of Savoy in the county of Midd. Clerk or otherwise called T. T. c. if c. and safely c. so that he shauld have his body here To. Mich. to satisfy to W. Whitaker and Ralph Daye executors of the Testament of Jo. Ward of S. in the County of Hertford Yoman otherwise called c. and R. D. of Puckeridg to be my executor aswell of a certaine debt of 60 l. which the said John in the Court of the Queen here recorded against him as of 27. l. 11 s. 4 d. which to the said Iohn in the same Court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted And whereupon it was considered in the same Court here that the same Executor should have execution against the sayd Thomas for those Debt and Damages And whereupon the Sheriff of the County of Hertfort aforesaid retorned to our Justices here A die Pas in 15. daies last past that the said Thomas was not found in his Bayliffwick whereas it was testified in the same Court here that the said Thomas did lie hid wander and run from place to place in the said County of Midd. now here at this day came the same W. W. R.D. by Antony Stebbnig their attorney the Sheriff of the said County of Midd. to wit I. R. and I. H. now retorneth the Writ aforesaid by L. D. and E.I. late Sheriffs of the County of Midd. indorsed in Form following to wit that the same late Sheriff by vertue of the said Writ to him directed had took the body of the said T. T. whose body together with that Writ in his departure from his he delivered to the said I.R. I. H. now Sheriff of the same County of Midd. And which said body of the said T. T. together with the Writ aforesaid in Forme aforesaid indorsed the same now Sheriff of Midd. before the Justices here at this day hath ready As that writ in it selfe doth exact require And the said now Sheriff the body of the same T. T. by vertue of that Writ by him to the Barr brought and had prayed that the Justices here would receive that Writ from the said now Sheriff amongst other Writs de trib Septim S. Mich. is to be Filed in the Bench here by the Custos br of the Lady the Queen of the same Bench And that the said Sheriff by the Court here may be discharged from further Custody of the body of the said T. T. by vertue of the said writ whereupon it was given to the Court here to understand by the same T. T. that that writ by the said now Sheriff brought and shewed in the Court here is of no force in Law And by the same Court there ought not to be received for a writ of the said Lady the Queen to be Filed amongst other writs for that that the said writ in Easter tearm last past issued forth of the Court here retornable before the Justices here tres Trinitat last past And then the said writ had the test of Easter term before which said tres Septim S. Trinitatis was not found within the Balywick of the said late Sheriff of the said county of Mid. And that long after the said tres Sept. S. Trinit elapsed that writ was found rased in the test in the return of the same and then by couler of the said writ so opened and rased and not sealed and whereof then there was not any Record in the Court here remayning whereupon the said writ so rased had not any day of continuance after the said tres Septim S. Trinitatis the said T. T. after the said tres Sept. by the said late Sheriff was taken arrested and prayeth that he may be dismissed out of the Custody of the said now Sheriff of the said County of Midd. whereupon the truth of the premisses being by the Justices here in Court inquired into whereupon one I. S. Citizen and Gold-Smith of London and Sebastian T. late one of the Clerks of R. L. one of the Prothonotaries of the Court of the Lady the Queen here by command of the Justices here present here in court Justices inquire of the premisses And the same I. F his corporall oath being by him taken was conferred with by the Court hereof and upon the premisses who being examined said That the said executors in Easter Term last prosecuted out of the Court of the Bench here the said Writ against the said T. T. directed to the then Sheriff of the said County of Midd. and returnable here at the said tres Septim S. Trinitatis then next following which said writ with the seale of the said Lady the Queen deputed to seale the writ of the same Lady the Queen in the Bench here was sealed And that the said executors delivered that writ so sealed to the said I. F. desiring the same I. F. to act and prosecute in that behalf for them and in the names of them the said executors in that behalf to do what could be don by Law Examinations of 3. or 4. in court their depositions and confessions in fact recorded And the same I. F. that writ so sealed and returnable at the said tres Trin. c. in the term of the holy Trinity last past in the names of the said Executors at London delivered to one W. Y. one of the Clerks of Humphry M Gent then deputy and under Sheriff of the said late Sheriff of the said county of Midd. to be executed in form of Law And afterwards to wit one Moneth being elapsed after the said tres Sept. S. Trinitatis last past the same I. F See M. 8. Eliz Dier fol. 242. pl. 50. and fol. 244. Pl. 61. came to the said W. Y being then in one of the counters in London and requested him the said W. Y. in the names of the said execuors to make a certayne warrant upon that writ to take and arrest the same T T. for the debt and damages aforesaid to whom the said W. Y. then said that the day of returne of that writ was past And that the same I. F. ought to have that writ amended in the test and in the retorne of the same by some of the Clerks of the said R. L whereupon the same I F came to the said Sebastian T. then one of the Clerks of the said R. L. being then in London and requested
the same S to amend the said writ in the test and retorne of the same which said Sebastian rased the said writ in the test and retorne of the same And put in the said writ le test 11. die Julii and retorne of the same writ A. die S. Mich. in tres Septim And immediatly after the amendment of the said writ so made the same I F delivered to the said W. Y. that writ so rased and amended but not new sealed and the same I F being asked by the Court here wherefore he caused not that writ to be new sealed said that he knew not whether that said writ ought to be new sealed or not And further the said I. F. said that by vertue of the said writ the same H. M. then being under-Sheriff of the said county of Midd. at the request of the said I. F. in the name of the said executors made made a certaine warrant to take the same T. T. for the debt and damages aforesaid And that the said T. T. by vertue of that warrant was taken in the said County of Midd. and afterwards brought to the dwelling house of L. D. scituate in London there one of the Sheriffs of the same County of Midd. And also the said Sebastian having taken his corporall oath was likewise by the Court here conferred with and examined whether he rased and altered les Testes and retorns of the said writ as aforesaid at the request of the said I. H or not or whether he made any continuance of the same writ in any record or rolle of plea thereof in the same court here remaining or not said that he at the request of the said I. Clerk of the said R. L. his Master rased and altered the said writ in the les Test and retorne of the same as is aforesaid And that he made not any continuance thereof any record or Roll in the Court here here of remaining whereof the roll of the entries of Pleas of Hillary term last past in which term judgment to have execution for the debt and damages aforesaid was entred being brought here into the Court it evidently appeareth and the Court here by the inspection of the said Justices in the roll of Pleas number 941. the said writ had day of continuance from the said tribus Septi S. Trinitatis untill the said tres Septi S. Michi then next following And being by the court there asked who made that continuance und when the same continuance was made it is given to the Court here furrher to understand that one H. S. one of the Clerks of the said R. L. had made it which said I. S present here in court after he had taken his oath being conferred with and by the court here fully thereupon examined said that he the first day of that Terme of S. Michael at the request of the said I made the continuance for that he is one of the Clerks of the said K. L. attending in the Office and entred the Plea thereof in the same Roll 940. And the same W Y. being likewise present here in court and having likewise taken his oath by the same court being examined of and upon the premisses said that he in the beginning of the Term of the holy Trinity last past received by the hands of the said I. H. the writ aforesaid then sealed and long after the end of the terme of the holy Trinity the same I F came to him desiring him the same W to make a certaine warrant upon the same writ to takâ— the same T. T. to which said I. F the said W then said that the day of the return of the said writ was then past And further the said I. H. that he should cause any of the Clerks of the said K. L. to amend the test and the retorne of the said Writ And that the same W. afterwards received from the said I. H. the writ aforesaid in Form aforesaid rased and amended but not new sealed And that the same T. T. by vertue of that writ and by vertue of a certaine warrant upon the said writ as aforesaid made was taken and arrested And further the said W. said that the next day betimes in the morning to wit about 4. a clock before noone of the same day by the command of Humphry Moseley his Master came to the house of W. Forrest scituate in Fleetstreet London in whose custody the seale of the Lady the Queen deputed to seal Writs in the Bench aforesaid remained and caused the said Writ to be so sealed Fee for the common Seale in the Bench seven pence and paid for the sealing of the said Writ seven pence to the said W. F. And afterwards to wit the same day the said W. Y. that writ so newly rased and then newly sealed delivered to the said H.M. his Master which said H.M. being likewise present here in Court having taken his oath and by the same Court here being examined of and upon the premisses said that he at the time of the taking and arresting of the said T.T. knew no otherwise but that the writ so rased Commitment of the offendors to the Fleet. was sealed of new but as soon as the same H had understood that the same writ after the alteration of the same was not sealed of new said to the said W.Y. his Clerk that he should cause the same writ to be sealed And thereupon the same W. Y. caused the same VVrit to be sealed the same H further said that hee having the writ aforesaid sealed of new at W in the County of M that Writ to the same T. T. then and there being under the custody of the same H shewed and read it The plaintiffs examined in ihe Court whether they were consenting to the alteration or not The Plaintiffs pray that the Defendant may ce committed in Execution by force of the Writ or of the record of the Judgement in Court if it may be by the Law af the Land and the same T. by vertue of that writ to one P. delivered to be safely kept in the prison of the said Lady the Queen for the debt and damages aforesaid and hereupon the same I F S T and W Y present here in Court by occasion of the premisses are committed to the prison of the said Lady the Queen of the Fleet there to abide untill c. Afterwards to wit the third day of November then next following the said then Sheriff of Middlesex came here to the bar and brought the Writ aforesaid together with the body of the same T T under the custody of the said Sheriff being by vertue of the Writ aforesaid detained and the same Sheriff prayeth that the Writ aforesaid here in Court may be filed c. and that he from the custody of the same T T may be discharged c. whereupon the same Executors the same third day of November by the command of the Justices being present here in
Court having taken their oath were examined by the said Court here whether they were conscious or consenting to the rasure and alteration of the said Writ and to the taking and arrest aforesaid who sayd that not and the same Executors being conferred with by the Court here that they would have done against the said T T in this behalf or require who say that if the said T T by vertue of the Writ aforesaid here shewed in Court or by vertue of the judgment aforesaid against the same T here remaining upon record and to the Justices here in Court shewed The Justices will advise ought to remain in execution for the debt and damages aforesaid by the Law of the Land then the same Executors prayeth Execution against the same T T and that he may be committed to the prison of the Fleet for the said debt and damages and hereupon it is said to the said Executors by the Justices here that the same Justices wil advise themselves at another day therein for that not as yet c. And aftrwards to wit the fourteenth day of November then next following all which premisses aforesaid with their circumstances The writ is received and filed and the Defendant at the prayer of the plain iffs is committed in execution The Delinquents come to the Barr and pray to be discharged and are discharged One makes a fine before he be discharged Admitted to his fine at a hundred shillings by pledges The Sheriffs are fined at ten l. The Prothonotary of the Bench payes the fine by him received of the party for a misdemeanour to the barons of the Exchequer by the commandement of the Justices of the Bench. by the same Justices here being fully examined seen and understood upon great diligent advisement and consultation by the Court here in that behalf before had the Writ aforesaid by the Court here is received and filed and the same T T at the petition of the said Executors for the debt and damaâ—es aforesaid by the same Court here is committed to the prison aforesaid there to remain untill c. And afterwards to wit the sixteenth day of November then next following came the same I F. S T and W Y in their proper persons brought here to the barr by the Keeper of the prison aforesaid and pray that they may be delivered from the prison aforesaid c. Whereupon the same S. F. and W. by the Court here by occasion of the premisses out of the prison aforesaid are discharged and set at liberty and it is said to the Court here that the same I F that he should make a Fine with the said Lady the Queen by occasion of the premisses before he should be delivered out of the prison aforesaid and hereupon the same I prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the premisses and is admitted at a hundred shillings by pledge therefore the same I go therein quiet c. And that he should be delivered and discharged from prison to go at large c. And afterwards to wit the same sixteenth day of November came here into Court the said W. and E. I. late Sheriff of the County of Middlesex in their proper persons and pray themselves to be admitted to make a fine with the said Lady the Queen by occasion of the premisses and are admitted for ten pounds paid into the Court here by the hands of the said H. M. late under-sheriff of the said late Sheriff to the said R. L. to the use of the said Lady the Queen which said ten pounds the same R. L. the eight and twentieth day of November then next following by the command of the Justices aforesaid before the Barons of the said Lady the Queen of her Exchequer in full Court there brought and by the command of the same Barons paid it to one I. H. to the use of the said Lady the Queen therefore as well the said I. D. as the same E. I. and the said Humphry M. as the said Richard Love of the said ten pounds are quiet c. Entry of a Habeas corpus and commitment of a prisoner to the Fleet in execution in the Terme time at the cheif Iustice his chamber the writ bore teste 4 July 1â— Jac. And note that the Term ended 5 July 18 Jac. and the party was committed to the Fleet in the Term from the Judges Chamber in Serjeants Inn in the afternoon and the Iudge delivered the Commitment to be inrolled the next day being the last day of the term T 18 Jac rot 3060 Brownlow London ss It was commanded the Sheriffs of London that they should have the body of Leonard Bawtry Serjeant at Law by whatsoever name reputed in the prison of the Lord the King under the custody of the same Sheriffs together with the day and cause of his taking and detaining before H H Knight and Baronet cheif Justice of the said Lord the King of the Common Bench at his chamber scituate in Serjeants Inn in F street L T. 17. Jac. rot 3094. 3279. 3270. 2871. 2000. 2170 T 24 Eliz. rot 2142. the like immediatly after the receiving of this Writ that the same Cheif Justice seeing the cause aforesaid may do in that behalfe what of right according to the Law and Custome of the Realm of the Lord the King of England and the liberties and priviedges thereof ought to be done and that they should have then there that Writ afterwards to wit the fifth day of July Anno Reg. c. 18. immediatly after the receiving of the said Writ before the same cheif Justice at his chamber aforesaid came the same Leonard in his proper person under the custody of R. D. and I. C. Sheriffs of the City aforesaid and the same Sheriffs to the said cheife Justice then and there returned that the execution of the said Writ did appear in a certain Schedule annexed to the said Writ the Tenor of which said Schedule followeth in these words London ss We R.D. and I. C Sheriffs of the City of London do certifie to H. H. Knight and Baronet Cheif Justce c. that before the comming of the said Writ annexed to the Schedule to wit Return of the causes by the Sheriffs the fourth day of July Anno c. 18. Leornard B. Serjeant at Law in the same writ named was taken in the City aforesaid and kept in the prison of the said Lord the King under the custody of us the said Sheriffs by virtue of a Writ of the said Lord the King directed the Tenor whereof followeth in these words James c. To the Sheriffs of London greeting Attach Leonard B. one of the Serjeants at Law otherwise called L. B. of Boston in the County of Lincolne Serjeant at Law otherwise called L. B. De Boston in Com. Lincoln ob ad legem so that you may have him before our Iustices at Westminster on wednesday next
after Tres septim S. Trin. to satisfie Richard W. Gent. as well of a certain debt of eight hundred pounds which the same R in our Court c. as of forty shillings which to the same R. in the same Court were adjudged c. whereof he is convicted Commitment and this was outo sCourr and whereupon it was considered in our said Court that the said R. have Execution against the said L. for the debt and damages aforesaid for default of the said L. and have you there their writ teste H H at Westminster 16. Junii Anno 18. and Scot. 53. Maier Waller And this is the cause of taking and detaining of the said L. B. in the prison aforesaid whose body they have ready according to the Tenor and Exigency of the writ aforesaid to this schedule annexed which being seen read and by the same cheif Iustice understood the same L was committed to the custody of Allexander Harris Esquire VVarden of of the prison of the said Lord the King of the Fleet being then present in his proper person for the occasions aforesaid there to remain until c. which said Leonard the said VVarden then received into his custody into the prison aforesaid for the occasions aforesaid to remain untill c. Which said commitment of the same Leonard unto prison the same Cheif Iustice the said fifth day of July that same Terme delivered here into Court with his owne proper hands to be enrolled upon Record c. Entry of a Commitment to the Fleet brought by the Sheriffs of London in their custody in vacation time P 1 Car. Regis rot 5010 London ss It was commanded the Sheriffs that the body of I. M. c. before Henry Hobart Knight and Baronet Cheif Iustice c. at his Chamber c. immediate c. As in the Writ next before which writ bore Teste 10. Aprilis apud Camer praedictam Anno Kegni Car. Reg. primi propter mortem Regis Jacobi super 27 diem Martii 20 precedend Afterwards to wit _____ day of Aprill Anno Rigis nunc primo before the same cheif Justice at his Chamber aforesaid came the same John in his proper person under the custody of the said Sheriffs and the same Sheriffs reciting the Return whereupon the same I by the said cheif Justice then and there was committed to the prison of the Fleet c. to remain untill c. which said commitment c. as in the next before afterwards to wit the fourth day of May that same Terme c. which was the first day of the same Terme following c. Entry of a commitment of a prisoner to the Fleet in Terme time brought to the Bar by Habeas corpus P 1. Car Regis rot 700. Brownlow London ss It was commanded the Sheriffs that they should have before the Justices of the said Lord the King now here to wit at Westminster on Satturday prox post Cr. Assen Domini the body of W. R. c. And now here at this day came the sayd W. in his proper person under the custody of the same Sheriffs and the Sheriffs to wit c. shewing the Return whereupon the same W. R. by the Court of the King here is committed to the prison of the Lord the King of the Fleet for the occasions aforesaid there to remaine untill c. One who forged a Cirographe of a fire supposed to be levied in the Common Bench where no such was levied was brooght to the barr by a Habeas corpus and upon his own confession and examined was taken in the County by speciall commissions and read in Court be was committed to the Fleet fined at C I. H 6. Jac. rot 1002. Hereford ss It was commanded the sheriff that he should have here at this day to wit on Friday next after the morrow of the Purification of the blessed Mary the body of Philip Philpot of Rosse in the County aforresaid Gent. in the prison of the Lord the King under the custody of the same Sheriff detained to answer the Lord the King now upon those things which to him on the behalfe of the said Lord the King should be objected and to do and receive what the Court of the Lord the King here shall consider of him in this behalfe And now here at this day came the same John in his proper person by the sheriff of the County aforesaid to the barr here brought and the same Sheriff to wit John Kirle Esquire then here returned that hee by vertue of the Writ aforesaid to him directed the body of the said Iohn hath ready here at this day as by the same Writ it was commanded him c. whereupon one Iohn Brewster one of the Clarkes of _____ Chirogapher of the Court of the Common Bench here on the behalf of the said Lord the King now giveth the Court here to understand and to be informed that the same John after the last generall pardon of the Lord the King now in the Parliament held at Westminster aforesaid the fifth day of November in the third year of his Reign falsely and corruptly procured one Adam Launder to write in parchment indented to the like form of the Cirographer of fines in the Court here levied the Cirographie of the same Fine betweene Tho Holland and Thomas Woodward Plaintiffs and one Edw. Woodward Deforceant of Tenements in the County of Worcester whereas in truth there was never any such Fine between the parties aforesaid of the Tenements aforesaid levied nor any Cirographie of any such fine by the Cirographer of this Court made and the same Cirographie so written for a true and just Cirographe of a fine levied of the Tenements aforesaid between the parties aforesaid published and delivered to the same Thomas Holland receiving of the same Thomas Holland therein fifty shillings falsely and in deceit of the Court aforesaid and in contempt of the Lord the King now c. as if it had been duely made by the Chirographer of the same Court here and because as well by the examination of the said John Powell of the same Adam Launder before Robert Pye of Hereford and Thomas Connisby Knight and in Court here openly read as by the proper acknowledgment of the same John Philpot here in Court made who hath confessed his falsity and deceipt aforesaid it evidently appeareth upon the same information of the said John Brewster on the behalfe of the Lord the King against the said Iohn Philpot in forme aforesaid made to be true therefore the same Iohn P. for his falsity and deceipt aforesaid by the Court here is committed to the prison of the Lord the King of the Fleet there to remain untill the Court here shall consider of his corporall punishment c. And further the same Justices here do assess for a fine upon the said I Philpot for his falsity deceipt and contempt aforesaid in this behalfe done and committed to be forfeited
aforesaid or any parcell thereof he could cause to be made Therefore it is commanded to the Reverend Father in Christ John by Divine Providence Bishop of Norwich and Ordinary of that place that of the goods Ecclesiasticall of the sayd Edward within his Diocesse he cause to be made the Debt and Damages aforesayd and that he have those monyes here in Octob. S. Mich. to render to the sayd T. for his debt and damages aforesaid c. Entry of a Writ of fieri facias de bonis testatoris the Sheriff returned that the parcell of the debt is leviâ—d De bonis testat and as to the residue that the Executor had wasted c. and that he had made the damages De bonis propriis and execution awarded De bonis propriis for the goods wasted PAsch 12. Jac. rot 2167 Norff ss It was commanded the Sheriff that of the goods and chattells which were of I. B. late called I. B. of W. in the County of N. Yeoman in the hands of Joan B. of F. in the County aforesaid Widow Executrix of the Testament of the same John in your Bailiwick he should cause to be made as well a certain debt of an hundred pounds which F D. in the Court of the King here to wit at Westminster recovered against him as two pound six shillings eight pence which to the same F. in the same Court of the King here were adjudged for his Damages which he had by occasion of detaining of that Debt if the same Joan had so much Goods and Chattells which were of the sayd John at the time of his Death in her hands to be administred and if she had not then the damages aforesaid of the proper goods and chattells of the same Ioan to be levied and that he should have those monyes here at this day to wit 15 Pasch to render to the same F. for his debt and Damages aforesaid whereof he is convicted And now here at this day came the same Francis B. by S. L. his Attorney and the Sheriff to wit Iames Calthrop Knight now returneth that after the death of the same I. B. and before the coming of the said Writ the goods and chattells which were of the said J at the time of his death to the value of fifty eight pounds four shillings and two pence came to the hands of the same Joan after the death of the same I. B. to be administred of wh ch sayd goods and chattells twenty seven pounds eight shillings and two pence of the debt aforesaid he caused to be made according to the Exigency of the same Writ Devasta vit and that the same Joane before the coming of the sayd Writ wasted the residue of the goods and chattells aforesaid and converted to her own use so that the residue of the sayd Debt or Damages aforesaid of the same goods or chattells he could not cause to be made but that of the proper goods and chattells of the same Joane by vertue of the Writ aforesaid he cause to be made the Damages aforesaid and those monies together with the twenty seven pounds eight shillings and two pence of the goods and chattells of the sayd John as aforesaid levied before the Justices here at this day to render to the same Francis according to the Exigency of that Writ he had ready T. 14. H. 6. rot 318. A Devastavit returned and thereupon an Elegit is awarded as by the same Writ to him it was commanded c. Therefore it is considered that the same Francis have Execution against the same Joan for the residue of the said fifty eight pounds four shillings two pence by the same Joan as aforesaid wasted of the proper goods and chattells of the same Joan c. H 19 H 6 rot 134 Brownlow London ss An entry of a speciall fi fac de bonis testatoris H. 9. H. 6. fol. 87. pl. 2. Fitz. Executors pl. 7. this Writ awarded and by the Court The judgment in this case was entred T. 8 H 6 rot 102 See the old book of entries fol 326 title Execution against Executoâ—s pl. 8 scire facias brought against two Administrators after a Devastavit to have Execution De terris catallis propriâ—s P 9 H 6 fol 9 Fitz Executors 9 M 11 H 6 fol 8 pl. 12. An Action of Debt brought against the administrators and suggests that hee had wasted the goods c. 3 H 6 fol 148 P 11 H 6 fol 351. 12 E 3 Fitz Executors pl 73 and pl 85. Old Book of Entries fol 326 title Execution against Executors pl. 8. See Fitz return De viscount pl. 9 H. 6 H 9 fol 57 that such a return is not good M 5 Car rot 874 the like for Rivers against the Sheriff of Castle maine It was commanded the Sheriffs that of the goods and chattells which were of R. S. late Citizen and Cloth worker of London being in your Bailiwick in the hands of John Leweter of London Gent. R. B. of London Draper B. H. of London Draper and Allice who was the wife of R S. late Citizen and Clothier of London Administrators of the goods and chattells which were of R. S. late Citizen and Clothier of London who dyed Intestate c. yet should cause to be made forty pounds which William Andrewes Citizen and Poulterer of London in the Court of the King here recovered against the said Administrators of the goods of the said Richard being in the hands of the said Administrators to be levied and of the proper Lands and Chattells of the said Administrators nine markes which to the said William in the same Court of the King here were adjudged for his Damages which he had by occasion of the detaining of that Debt and that they should have them here at this day to wit in 8. S. Hil. to answer to the said William of his Debt and Damages aforesaid whereof they are convicted And now cometh the said William by W. B. his attorney and the sheriffs now returne that from the coming of the writ aforesaid untill the day of the retorn of the same no goods or chattles which were of the said R. S. at the time of his death in their Bayliwick in the hands of the said Administrators were or are whereof the said 40 l. or any monies thereof they could cause to be made as by lawfull waies and meanes which they knew or better thereof could know to them at the present can appeare to be made Notwithstanding they have made of the proper Lands and Chattles of the said Administrators the 9. Marks aforesaid which they have ready here at this day which said nine Marks are delivered to the said W. Therefore aswell the said sheriffs as the said administrators are thereof quiet And because the retorne aforesaid as to the said 40 l. is reputed insufficient and conceived to be made in delay of the execution of the recovery aforesaid And in the Kings Court here on
Court with his owne hands the writ aforesaid directed to the said Mayor Aldermen sheriffs in Forme aforesaid The writ delivered in Cou t. The party comes in his proper person Returne de causes And before the said chief Justice by the same Mayor Aldermen and sheriffs the 10th day of Jan. last past retorned and executed and the same cheif Justice hath certified here in court that then and there before the said Châ—ife Justice at his chamber aforesaid came the said P. in his proper person under the custody of the said sheriffs and Martin L. and P. P. Sheriffs of the City aforesaid now retorne that before the coming of the said writ the 15th day of Dec. An. R. c. 12. The same Peter was taken in the City aforesaid and detained in the prison of the said Lord the King under the custody of the said Sheriffs by vertue of a complaint levied against him the same day and year in the Court of the Lord the King held before the same M. L. by the name of Peter Furbusher Gent. at the suit of H. R. in a plea of Trespasse 1 Cause in a plea of Trespass Damages 40 l. to the Damages of forty pounds the said Peter was also detained by vertue of a complaint against him 20 Ja. praed levaet in the Court of the sayd Lord the King held before the said Martin Limny by the name of P. F. at the suit of Alexander Ratcliffe in a plea of Debt upon demand of sixty pounds 2 Cause in debt for 60 l. and so recite all the causes whereof the partyes aforesayd have pleaded and so depend undetermined and that these were the causes of taking and detaining of the sayd Peter in the prison aforesaid whose body they have ready as by the sayd Writ to them it is commanded c. whereupon the premisses being seen and by the said cheife Justice then and there fully examined and understood The party and She iffs are discharged it seemed to the said cheif Justice that the sayd P. ought then and there to enjoy the liberties and priviledges aforesaid whereupon the same Peter was then and there dismissed from the custody of the said Sheriffs by the said cheif Justice Vpona forraign Attachment accordingly 1 H 15 Elâ—â—t 588 and the same Sheriffs then and there were discharged by the same cheif Justice from his custody and hereupon the same P. and R. H. of Stepney c. and I.B. of the same Dyer undertook and every of them did undertake Mâ—ch 8 and 9 El. rot 329. Entry of a priviledge for diverse causes and the bail entred severally and there rot 1754. Recognizance to appear to Writs or Actions to be brought Note that in this case the Originall ought to be brought the next Terme ensuing but in a reversall the plaintiff hath liberty of two Termes to bring his Writ to wit the same P. in the summe of one hundred and twenty pounds and the same R. and I. severally in the summe of sixty pounds at the suit of Alexander Ratcliff and Sic de ceteris c. That the said P. should appear here in Court in his proper person or by his sufficient Attorney in Law and answer to the severall Actions or Writs of the same H.R. c. against the same P. of and upon the severall pleas aforesaid before 15 Pasch then next coming to be brought and prosecuted here in Court and also if it shall happen judgment after the apperance of the sayd P. here in Court made in the same pleas for the same H. and A. and against the said P to be given to satisfie the same H. c. of their Damages and the sayd Alexander of his Debt and Damages for the same H. c. and A. against the same Peter in the same Court here to be recovered or adjudged in the pleas aforesaid or that the same P. render himself to the prison of the Fleete of the Lord the King for those occasions which sayd severall summs by the said Manucaptors in forme aforesaid acknowledged the same Manucaptors acknowledge to be made of their Lands and Chattells and which sayd severall summs by the same P in form aforesaid acknowledged the sayd Peter acknowledgeth to be made of his Lands and Chattells and to be levied to the use and behoof of the sayd H. and A. in form aforesaid if it happen the same P. make Default in any of the premisses and in lawfull manner to be convinced thereof Brownlow T 41 Eliz. rot 1229. ss That the said R shall appear here in Court in his proper person or by his sufficient Attorney in Law to the Action or Writ of the said A against the said R. of and upon the cause aforesaid before such a day to be brought and prosecuted in Court here and to answer to the said A. in the plea aforesaid and also if it happen c. Entry of a priviledge returnable immediat in banck H 12 Jac. rot 2262. Brownlow As before in the president for P.F. untill or one of them should have before the Justices of the Lord the King here to wit at Westminster immediatly after the receit of the said Writ that the same Justices of the said Lord the King seeing the cause aforesaid c. untill the end of the Writ Afterwards to wit the ninth of February that same Terme came here into Court the same Michael in his own person under the custody of the Bailiff of the Marshall and Judges c. And recite the Return of the Writ whereupon the premisses being seene and by the Justices here fully examined and understood it seemeth to the said Justices here that the sayd M at present ought to enjoy the liberties and priviledges aforesaid and so as in the president before Alit T 14 Eliz. rot 1288. Divers causes returned wherein are diverse Complaints in Trespasse and debt and the Entry is that he shall appear in Court in his proper person or his sufficient Attorney in Law of and upon the severall Actions of and for the summs aforesaid against the same W. by the said T. M. and M. or any of them before 8 Michaelis next coming to be brought or prosecuted here in Court severally to the same T. M. and M. or either of them in the said Court here in the severall pleas aforesaid P. 28 Eliz. rot 328. the like against the said W. severally to be recovered or adjudged or that he the same W. render himselfe upon that occasion or occasions to the prison of the Fleet of the Lord the said King which sayd summ of fifty pounds to wit twenty pounds thereof the same T. ten pounds to the said M and O. to the sayd I. I. acknowledged every of them acknowledgeth severally to be made of their Lands and Chattells and to the use c. Speciall Amerciament of the Sheriff for not returning of a Writ of Habeas corpus in debt after
three aâ—e s given him to do it T 2 Car. Regis Rot. 841. Brownlow Berks. ss John B. Sheriff of the County aforesaid for that he in Easter Terme last past at the severall dayes that same Terme by the Court of the Lord the King here to him given as in the bill of pleas this Terme it doth appear hath not returned to the Court here a certain Writ of the said Lord the King of Habeas Corpus issuing on of the Court here and to the same Sheriff directed and delivered to be executed in form of Law against one I W Esquire at the suit of R. B. Esquire in a plea of Debt of two hundred pounds returnable before the Iustices here Quinque pas last past in mercy c. And he is fined by the said Justices here for the said four defaults at twenty five pounds c. H 43. Eliz. Rot 451. Prisoner in the Fleet brought to the barr by Hab corp at the petition of an estranger a who brought Writ in debt against him and he is demanded by the Justices that he would appeare to the said writ who said he wâ—n duâ—â— therefore processe of Ouâ— lawâ—y is awarded against him ss It was commanded to the Warden of the prison of the Fleet that he should have here at this day to wit upon Satturday next after Octob. S. Hillar the body of W. A. Esquire in the prison of the said Lady the Queen under the custody of the said Warden detained to do and receive what the Court of the Queen here shall consider of him and now here at this day came here into the Court H. T. by A.S. his Attorney and brought here into Court a certain Originall Writ in Debt upon demand of an hundred and twenty pounds directed to the Sheriffs of London and before the Justices of the Lady the Queen here returnable against the said Walter by the name of W A. Esquire of Tomby in the County of Lincolne Esquire and prayeth that the said Walter may appeare to his sayd Writ whereupon by the same Warden of the Prison aforesayd brought here to the bar present in Court in his own proper person being spoken to saith that hee will not appear to the Writ Therefore let processe be made against the sayd Walter upon the Originall Writ aforesaid c. T 25 El. rot 860. G against I.C. like Hab. corp and such an Originall and demand who saith that he is not the same person against whom the said G. brought the said originall writ and that he wil not appear c. Therefore let further processe be made against the said I. C. late of L Gentleman against whom the sayd Originall VVrit was brought upon the said Originall and the sayd I.C. who is now brought to the Barr is sent back to the prison under the custody of the Warden for the occasion that he is therein detained there to remain c. H 13 Jacorot 588. Entry of a Capias ad respodend and thereupon a Non inventus returned and a Habeas Corpus to the Warden of the Fleet is awarded received such a day and then thus and now here at this day came the said Defendant in his proper person under the custody of the Warden aforesaid brought to the Barr who being demanded if he would appear to the said Writ or not sayd that not Therefore let processe of Outlawry be made c. M 5. Jac. rot 2254. Fleet ss Entry of an Habeas corpus of a prisoner committed to be Fleet by the Commissioners in causes Ecclesiasticall and his enlargement without baile It was commanded to the Warden that he should have here to wit at Westminster immediatly after the receit of this Writ the body of Anthony Rooper Knight in the prison aforesayd under his custody detained by whatsoever name he is reputed together with the day and cause of taking and detaining of the said Anthony that the same Justices here viewing the cause may cause to be done what of right and according to the Law and custome of the Realme of the Lord the King of England The like for Langton P. 8. Jac. rot 819. The lik for Melton there rot 1939. The like for Throckmorton T. 8. Jac. rot 1675. But they entred into a Recognizance of a 100 l. iâ— the Bench to appear from day to day P. 9. Jac rot 1510 P 8. Jac. rot 1939. ought to be done And no where at this day to wit on Satturday next after Octab. Martini that same term came the same A in his proper person under the Custody of the same Warden brought here to the Bar and the same Warden then returned that before the coming of the Writ to wit the ninth day of October last past the sayd A.R.M. rendred themselves to the prison aforesaid before committed by vertue of a certaine Warrant dated the thirtieth day of I last past which followeth in these words These are in his Majesties name straightly to charge you by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seal of England to us and others directed That herewith you receive and take into your custody the body of Sir Anthony Rooper Knight and him safely detaine prisoner at this our Commandement untill we shall give you order for his enlargement signifying unto you That the cause of his commitment is for that there being a certain cause referred unto us by his Majesties especiall direction betwixt him the said Sir A.R. and I.B. Vicar of B. for that he detaineth wrongfully from the said Vicar a certain yearly pension due unto him from the said Sir A. R being called before us after ful hearing of the cause in the presence of the said Sir A. R. and of his Councill three or four severall times and at last adjudged by us to pay the said pension he having some time of deliberation given unto him by us to consider therof hath notwithstanding obstinately disobey our said Order and doth so still persist and this shall be your Warrant in that behalfe given at Lambeth this thirtieth day of Iune 1607. And that this was the cause of taking and detaining of the said Anthony in the prison aforesaid the body notwithstanding of the said A he hath now here ready as by the said Writ it was commanded him c. whereupon the premisses being seene and by the Justices here fully examined and understood Judgment by the Court. it seemeth to the said Justices here that the said cause of Commitment of the sayd A. to the prison of the Fleet aforesaid in the Returne aforesaid above specâ—fied to be insufficient in Law to detain him the said A in the prison aforesaid or to deprive the said A from his priviledge of the Court of the Lord the King here therefore the same Anthony is dismissed from the prison aforesaid by the Court here and the same Warden is fully discharged by the Court here of such custody c. T 18 Iac.
sheriff might have answered to the said Lord the King from the day of the receiving of the writ aforesaid untill the said day of the retorne thereof and the Inquisition which c The same Justices make appear here in S Mich. by their letters Sealed c. M 13. Jac. Rot. 2096. Brownlow Wiltes ss It was commandethe Justices of the Lord the King at the assize in the County aforesaid whereas the King had commanded the late sheriff of the county aforesaid as otherwise he had commanded him that he should distrain W. Dutton Knight late sheriff of the county aforesaid his predecessor by all his lands and chattles in his Bayliwick so that neither he nor any one for him put their hands upon them Entrey of a wâ—it to inquire de quantis exitiff c. See the statute Westmi 2.29 which granted this writ Hn. 13. E. 1. untill he shall have an other precept therein from the Lord the King and that he should answer of the issues of them to the said Lord the King so that he should have before the Justices of the said Lord the King there to wit at Westminster in Cr. S. Trinitatis last past the body of R. G. late of c. otherwise called R. G. c. which by the precept of the Lord the King he had lately taken as Fr. Popham Knight late sheriff of the county aforesaid predecessor of the sheriff now otherwise retorned to the Justices of the Lord the King here to wit at Westminster aforesaid to answer to W. Mariat of a plea that he should render unto him 30 l. which c. And to heare his judgment of more defaults c at which day the said now sheriff to the Justices of the said Lord the King now here to wit at Westminster aforesaid T. 18. Rot. 1674. retorneth that the said W. D. was distrained by his Chattells to the value of 66 s. and 8 d. where upon it was test fied in the Court of the King here on the behalf of the said W. M. that the said sheriff of greater issues to wit of 20 l. might have answered that by the oath of honest and lawfull men of the county aforesaid in the presence of the said now sheriff if he will be present they should diligently inquire of what and how many issues of the lands and chattels of the said W. D P. 12. H 6. Rot. 2 a ve fac awarded to the Coroneâ—s to inquire de quantis exitibus besides the said 66 s. 8 d. in his bayliwick the now sheriff could have answered to the Lord the King c. from the day of the receiving of the said Writ untill the same day of the returne of the same And the said Inquisition which c. the said Justices of assize should make appeare here at this day to wit in 8. S. Mich. by their letters sealed and now here at this day came the said W. M. by Tho. P his attorney and the said Justices of assize to wit Laurance Tanfeild Kni. Cheife Baron of the Lord the King of his Exchequer and Henry Mountague one of the Serjeants at law of the said Lord the King assigned to take the assize in the county afaresaid The Justices of assizes â—â—toâ—ne into the bench an â—â—quisition taken by them now retorne here a certaine Inquisition at new Salisbury in the county aforesaid the 19. day of I. last past by vertue of the said writ by the oath of 12. c. taken by which it is found that the said W. D. Kni. late sheriff of the county of the said Cr. S. Tri. last past and long before had divers lands and chattells in the county aforesaid whereof the said now sheriff to wit H. M. from the day of the receiving of the said writ of Distring above mentioned untill the retorne of the same of twenty pounds in issues besides the 66 s. and 8. d. above might have answered to the said Lord the King to wit at L. in the county aforesaid Therefore it is considered that the said H. L. for his concealement in this behalfe in gui Sit. Mia of the Lord the King And that he answer the Lord the King of the said 20 l. whereof he besides the said 66 s. 8 d. of the lands and chattells of the said W. D. as aforesaid could have answered according to the Form of the statute in this case provided c. statute 13. E. 1. Cap. 39. A Wâ—it to enquire of damages awarded de novo where the Sheriff returned that he could not execute the old Writ for that some of the Iurors refused to take their Oath and a Capias awarded against them for contempt Capias awardeâ— P 20. H. 8. Rot. 461. At which day here came the said Plaintiff by his attorney aforesaid and the sheriff to wit W P. Knight now retorneth that he such a day and yeare last past caused to come before him at L. in the County aforesaid A. B. C. D. and others to inquire of and upon the premisses which said C. D. their corporall oath of and upon the premisses to performe or swear altogether refused and denied in manifest contempt of the Lord the King now and the lawes of his Kingdome So that execution of the said Writ he could not then do Therefore as before the sheriff was commanded that by the oath of honest and lawfull men of the county aforesaid he diligently inquire what damages the said plaintiff sustained aswell by occasion of the entry aforesaid as for his costs c. and in as much c. he make appeare here such a day under the seale c. and Seales c. And also it is commanded to the said sheriff that he omit not for any liberty but that he take the said C. and D. if c. and safe c. so that they may have their bodies here at the said Terme to answer unto the Lord the King of the contempt aforesaid c. The same day is given to the said Plaintiff here c. Entry of a Writ of inquiry against an Attorney in Covenant LOndon ss Whereas Hugh Beeston Knight in our Court before our Justices at Westmin exhibited to our said Justices his certain bill against R. G. Gent. one of the attornies c. otherwise called R. G of Cliffords Inn London Gent. in a plea of covenant for that whereas the same Ricard by his certain Writing sealed with his seale and into our Court before our Justices brought made at London in the parish of St. Mary Bow in the ward of Cheape the 29. day of Nov. An. Dom. 1616. whose date is the same day and year acknowledged himself to have his custody two Fether beds 1. Bolster 4. Stooles covered with Scotish worke c. of the proper goods and chattles of the same Hugh Beeston which same Goods and Chattles after the delivery of them to the said Hugh were left in the custody of the said Richard And whereas
together and undâ—videdly doe hold 20. Mes 6. mills 20. Gardens 2000. acres of land 500. acres of Meadow 1000. acres of Pasture 2000. acres of wood 2000 acres of Furs and heath and 500. acres of land covered with water with the appurtenances in Balcombe Tuck-feild Slewham Crawley and Porth the same Walter to make partition thereof between them according to the Forme of the statute in such case provided gainsayeth and unjustly permited not the same to be don and against the Form of the statute aforesaid And the same Walter in the Court of the King here well granteth that partition thereof be made by which it was considered in the same Court of the Lord the King here that partition should be made between the parties aforesaid of the Tenements aforesaid with the appurtenances That taking with him 12. Free and lawfull men of the neighborhoods of B. C. S. C. and W. by whom c. he should come in his proper person unto the Tenements aforesaid with the appurtenances and in the presence of the parties aforesaid by the same Sheriffe to be premonished if they will be present the same Tenements with the appurtenance by the oath of honest and lawfull men of his county respect being had to the true value of the same Tenements with the appurtenances he should cause to be parted into two equall parts and one part of the sâ—me Tenements with the appurtenances to the same Edward and the other part of the same Tenements with the appurtenances residue to the same Walter to hold to them in severalty he should cause to be delivered and assigned so that neither the said Edward nor the same Walter may have more of the Tenements aforesaid with the appurtenances then belongeth to them to have and that the said Edward of his purpart to the same Edward out of the tenements aforesaid with the appurtenances hapning And the same Walter of his purpart to the same Walter out of the tenements aforesaid with the appurtenances hapning may severally apportion themselves and that partition by the same sheriff distinctly and openly made he should make appeare here in Oct. S. Mich. under his seale and the seales of them upon whose oath that partition shall be made and that he should have here the names of them upon whose oath he should make that Inquisition and that writ And now here at this day came the same Edward by Robert Moyle his attorney and the sheriff to wit Nicholas Eversfeild Esq now retorneth here a Certaine partition between the parties aforesaid of the tenements aforesaid by the same sheriff before him by vertue of the writ aforesaid and according to the Form of the said writ by the oath of 12 c. made which followeth Sussex ss I. N. E. sheriff of the county aforesaid to the Justices of the Lord the King do certifie by vertue of a writ therein to me directed and to this schedule annexed the seventh day of August An. c. 18. See the new book of Entries title Partition fo 411. such a form took with mee I. F the elder I. F. the younger and ten others twelve Free and lawfull men of the Neighbourhoods of B. C. S. C. and W. in the same writ specified I came in my proper person to the tenements in the same writ specified to wit to 20 Mess 20. Gardens 2000. acres of Land 500 acres of Meadow 1000. acres of pasture 2000. acres of Wood 2000. acres of Furze and heath and 500. acres of Land covered with water in B. C. S. C. and W. in the same writ mentioned And there by their oath respect being had to the true value of the Tenements aforesaid with the appurtenances in the presence of the parties in the same writ named by me the same sheriff premonished the same Tenements into two equall parts with the appurtenances I have made to be parted and one part of the Tenements aforsaid with the appurtenaces to wit one Capitall Messuage or mansion house called T. with the appurtenances c. and so receite the parcells c. I have caused to be delivered and assigned to Edward Culpeper Knight in the same writ named for his purpart of the Tenements aforesaid to hold to the same Edward in severalty by himself as by meets and bounds they are now divided And an other part of the same Tenements with the appurtenances that is to say one Messuage called the glovers house otherwise Gardners farm c. And so receit the other particulars c. 2. Part. I have câ—used to be delivered and assigned to Walter Covert Knight in the same writ likewise named for his purpart of the Tenements aforesaid to hold to the same Walter in severalty by himself as by meets and bounds they are now divided so that the same Edward of his purpart of the same Edward out of the Tenements aforesaid with the appurtenances hapâ—ing And the same Walter of his purpart to the same Walter out of the Tenements aforesaid with the appurtenances in Form aforesaid hapning may severally apportion themselves as by the same writ it was commanded to me in Testimony whereof aswell I the same sheriff as the Jurors aforsaid to this partition have severally put our seales the day and yeare abovesaid Judgment that the paâ—tion be held fâ—â—m amd stable Therefore it is considered that the partition aforesaid be held Firm and Staple for ever Note that at the retorn of this writ of particion Hickham the Kings Serjeant at Law and of councell with the defen Sr. Walter Covert Knight came to the bar and moved that the partition might be quashed and that a new Writ to make partition might issue For that the partition was not Legally made by the sheriff And upon much debate in Court the 4 Judges Hobort Warborton Winch and Hutton ordered Sr. Walter Covert to pay to Sr. Edw. Colpeper 3500 l. for his part wherewith the parties are agreed and Sr. Walter Covert in joyed the lands aforesaid and the writ was not Filed nor the judgment entred but I added it to the partition because of the presedent Plur. Replegiare M 6. 7. Eliz. Rot. 423. Entry of a wrâ— of Plur. replegiare Otherwise as it appeareth in the time of the holy Trinity An. 6. Regin nunc Rot. 621 It is thus contayned Derb ss It was commanded the sheriff that whereas of late the Qu. had more times commanded the said sheriff that instantly and without delay he should make replevy to M. S. widow a certaine oxe which E. T. and W. T. took and unjustly detayned c. Or the sheriff of the County aforesaid should be before the Justices of the said Lady the Queen here to wit at VVestminster in Oct. S. Mich. An. 4 Reg. nunc to shew wherefore he contemned to execute the command of the Lady the Queen so often to him therein directed And the same sheriff to the Justices of the said Lady the Queen here at the day of the retorne that
the whole time aforesaid to be replevied by the sheriffs Ministers of the City aforesaid for the time being by vertue of a plaint in the Court of the sayd Lady the Queen and her progenitors Kings of England held before the Sheriffs of the City aforesaid for the time being levied and not by writ of the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery and also that all the customes of the City aforesaid by Authority of Parliament of the Lord E late King of England after the Conquest at Westminster The Sheriffs are free men of London and held by their oath to observe the customes of the City the fifteenth year of his Reign held were ratified and confirmed to the then Mayor and Comminalty of the same City and their successors which said Liberties and free Customes of the same City they the same sheriffs and freemen of the City aforesaid before the purchasing of the said Originall Writ and alwaies afterwards hitherto being bound by oath have observed and are bound to hold without any violation for which causes the sheriffs aforesaid could not replevy the goods and chattells in the sayd Writ specified or do Execution upon the sayd writ nor can at the present but because it seemeth to the Court here that the Return aforesaid The Returne of the Sheriff vicious in form aforesaid made is as well in contempt and prejudice of the said Lady the Queen now and of her Court and also in Derrogation of her Crown and Dignity and manifest Danger of her Dis-inheriting and also that it giveth way and redoundeth to the immoderat damage and greivance of the same W and Delay of his suit therefore as before the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattells aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed Plur. repleg awarded and in as much c. They make appear here in 8 Sancti Hillarii c. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term to answer as well to the said Lady the Queen as to the same W of and upon the premisses further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalfe and in as much c. The same Coroner cause to appear at the same Term c. Pone Sheriffs returne upon a Pone adjudged void for that he shew edssino the cattell in specie named in the Returne See p. 3 El. Dyer fol. 199. pl. 54. Report of the case 21 E 4 fol. 23. M. 18. H. 6. rot 428. H 2. Eliz. rot 191. It is recorded by the Court here the third day of May in the year of the Raign of the Lady Elizabeth now 3. That the Returne aforesaid is vitious invalid and insufficient in Law for that there are no cattell named in Specie in the Return aforesaid contained for which the same Sheriff by vertue of a Writ of _____ was attached to be here at the said Octab. Pur. c. whereupon no judgement by the Justices then here for any forfeiture to be made to the Lady the Queen upon the Attachment by the Law of the Land ought to be given nor is given as it appeareth above and so the processe and extracts for the price or value of the Cattell aforesaid to be forfeited without Judgement and consent of the Court here by the Officers of the same Court without Warrant was made c. Quaere if not between Netherfall and Lawrence Priviledge H 45. Eliz. rot 818. Brownlow Lanc. ss At the return of a Capias against a servant of the câ—cife Cleâ—k of the Kings Bench the servant came in person into the Court of Common Beuch delivered to the Justices a writ of supersedias prayed the allowance thereof that they would not hold plea c A writ of priviledge for a servant of the cheif clark of the Kings bench It was commanded the Sherif that he should take John Wood late of Brenset in the county aforesaid Yeoman of c. and safely c. so that hee might have his body here at this day to wit in Octab. Sancti Hillarii to answer to T. L in a plea wherefore with force and arms one Messuage ten acres of Land with the Appurtenances in B. which Margeret Erlington widdow to the same T. devised for a Terme which is not past entred and him from his Farme aforesaid ejected and other Enormities c. To the great Damage c. and against the peace c. And now here at this day came as well the same T. by I. P. his Attorney as the same John Wood in his proper person and hereupon the same J W. brought here into the Court a certain Writ of the sayd Lady the Queen of Supersedeas in the cause aforesaid closed to them directed The Tenor whereof followeth in these words Elizabeth c. To our Beloved and faithfull Edmund Anderson Knight and his Associates Justices of the same Bench greeting As well of our Dignity as according to the ancient Custome used and approved of in times past hitherto obtained That our cheif Clark of the pleas in our Court before us ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints pleas of Free Tenement only excepted nor by the whole time aforesaid were accustomed And now in our Court here before us on the behalf of John Wood one of the servants of John Rooper Knight our cheif Clarke assigned to Roll pleas in our said Court before us It is given us to understand That one Thomas Lacke little regarding the custome aforesaid the same I W by the name of I. W. late of B. in the County of Kent Yeoman hath drawn into plea of a plea wherefore with force and armes one Messuage c. as above untill against our peace c. to the very great disprofit and greivance of the said I. W and manifest infringement of the Liberties and priviledges aforesaid in our Court before us by the whole time aforesaid hitherto used and approved whereupon we are willing to provide him a fit speedy remedy to observe the Liberties priviledges aforesaid for so long time used infringed We command you that from further holding of the plea aforesaid before you or compelling him the said I. W. further to answer before you in the plea aforesaid ye be altogether superseded saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will Teste Iohn Popham at Westminster the twenty fourth day of January Anno Regni nostri 45. Rooper Which said Writ being read and heard the same Iohn Wood saith That he is and at the day of purchasing of the Writ
of the Rolls of our chancery allowed c. Entry of a writ of attachment of priviledge in the Common Bench for an attorney of the same Bench in debt against 2 severall persons severally M 19 Iac. rot 2948 Brownlow Lincolne ss The Sheriff was commanded that he should attach T B. clerk and L E clerke so that hee should have them here upon Satturday next after the morrow of all Soules to answer R Clarke Gent. one of the Attornyes of the court of the Lord the King of Common Bench here according to the liberties and priviledges c. in a plea of Debt severally And now here at this day came the said Robert in his proper person and offered himselfe against the said T and L in the plea aforesaid and they came not and the sheriff to wit T T Esquire now returneth that he by vertue of the writ aforesaid to him directed tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready as by the said writ it was commanded him Cedi corpus returned and because the same sheriff the bodies of the same T and L now here at this day hath not ready therefore the same sheriff to wit the same Tho. T Esquire in mercy c. and he is fined by the Justices here at forty shillings and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san Martini the bodies of the same T and L whom c. to answer to the same Robert in the plea aforesaid and the same sheriff to wit T.T. Esquire now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne so languishing that he could not have their bodies here at this day without perill of death as by the said writ it was commanded him c. And hereupon in the same Court of the King here on the behalfe of the said Robert it is testified that the same T and L are sound and whole and able to travell therefore it is commanded the same sheriff that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary bringing with him the same T and L whether they be found or infirme to answer to the same Robert in the plea aforesaid and that he omit nothing herein under the penalty of 20 l. which if he shall not do the sheriff shall know he is to loose c. Duces recum awarded under the penalty of 20 l. Procedendo H 35. H. 8. Rot. 318. ss A Procedend awarded in a plea of lands to be removed out of an inferiour Court by Recordare Whereupon the cause aforesaid being seen alleaged by the same B. to remove the Plaintiff aforesaid in the writ aforesaid above specified It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B of her mannor of B. with the Soke aforesaid in the court of the same E. B. and upon the plaint aforesaid ought to proceed c. Therefore it is considered that the said Brian notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed he may proceed in the plaint aforesaid with effect And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid c. M 8. H. 4. Rot. 114. Procedendo Rege inconsulto In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant by act of Parliament that the Tenements of the demandant came to the Kings hands and prayeth judgment si Rege in consulto c. And the King sent his writ de procedendo therein directed to the Justices that the Tenant plead de novo with the demandant c. H 13. Jac. Rot. Brownlow London ss A Procedendo after much debate granted upon a speciall return made upon a Hab. cor upon the custom of London concerning Prentices their ages and their Indentures between them and their Masters Indenture void if the Prentice be not of the age of fourteen years when he was bound An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice c. Test 28. Nov. 13. Iac. by H. Hobert Execution c. ss London ss we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew London do certifie that c. Prohibition BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand Prohibition to the Court of Stanneries in the County of Cornw for holding plea of maters which contcern the Stanneries Suggestion That whereas by the lawes statutes of the Realme of the Lord the King of England it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall or Keeper or Keepers of his place for the time being may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries neverthelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I against the lawes of the Realm of the Lord the King of England In the stannary court of the Lord the King of F in the said county of C before the Substeward of the Stannary Court aforesaid or deputy or Keeper of his place in the Court aforesaid or any of them in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon supposall that the said L. was receivour of the monies of the said I. C. the Father and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M to render an account thereof to the said I. C. drew into plea And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses and to answer the said C. of and upon the premisses
of his County Palatine of Lancaster upon Munday in Quarta sepquadrag next coming to answer there in his plea aforesaid if c. ss BE it remembred That T. E Knight H 25 H 8 rot 121. Remissio recordi sent by the Justices of Chester into the Bench to determine a forraign voucher and at a day in the Bench the Tenants make default and the cause for that was determined Iustice of the Lord the King of Chester the twenty third of J that same Term by vertue of a writ of the Lord the King to him directed which followeth in these words Henry the eighth by the Grace of God King of England and France and Lord of Ireland to his Iustice of Chester or to the Keeper of his place there greeting Whereas T T in our Court in our County aforesaid had demanded against R. B. Esquire T.W. and P. A. one windmill one water-mill c with the Appurtenances in N as his right and inheritance and into which the same R. T.W and P. had to entrance unlesse after the Demise which R.T. Knight kinsman of the sayd T. T whose heir he is thereof made to R. S. for a Terme which is past and which after that Terme ought to revert to the said T. T. and the same R.T. and P. pleading in the same Court lately vouched thereof to warranty P.B. summoned in our County of Wilts by the ayd of our court of Chester because the same P. B. had no lands within our County of Chester aforesaid by which he could be summoned which said Warranty in our said Court of Chester for the cause aforesaid cannot be determined to the great Damage of the said T.T. and manifest hinderance of the obtaining of his Right whereupon he hath besought us to provide him a fit remedy in this behalfe We who are Debtors to exhibit Iustice to every one within our Kingdome willing to do what is just to the said T.T. in this behalfe Command you that if it be so far proceeded in our Court of Chester then the Record and proceedings therein with all things touching the same to our Iustices of the Bench under your seal you distinctly and openly send and this Writ so that they may have them at Westminster in Octab. Hil. prefixing the same day to the parties aforesaid that they may be then there to do and receive what shall be considered in our Court there in this behalfe that that warranty being determined before our said Iustices in the Common Bench the said Record and proceedings may be sent you to proceed in the plaint aforesaid as of right and according to the Law and Custome of our County of Chester is to be done witnesse our self at Westminster 6 November Anno c. 25 ANd the said Iustice sent there the Record and proceedings of the said plaint whereof mention is made in the sayd Writ annexed to the same Writ the Tenor whereof followeth in these words Pleas of the County of Chester at Chester before T. E. Knight Justice of the Lord the King upon Thursday next after the Feast of Saint Iames the Apostle Anno H. 8. post Conquest of England 25. Count in Entre ad term qui pret in the County Palatine of Chester CHester ss Thomas Torhet by H. H. his Attorney in the Court of the Lord the King here demandeth against R B. Esquire T W. and P A one wind mill c. with the appurtenances in N. as his right and inheritance and into which the same R T. W. and P. have no entrance unlesse after the demise which Robert S. Knight Kinsman of the said T T. whose heir he is thereof made to R. Scot for a Terme which is past and which after that Term ought to revert to the same T. T. whereupon he saith that the said Robert kinsman c. was seised of the Tenements aforesaid with the Appurtenances in his Demesne as of Fee in the time of peace in the time of Edward late King of England the second after the Conquest taking thereof the profits to the value c. and the same Robert being so thereof seised demised those Tenements with the Appurtenances to the said Richard Scot for a Terme which is past and from the same Robert the right descended c. to one Robert as son and heire c. and from the said Robert the son the right descended to one Thomas as son and heir c. and by many descents the right came to Iohn and from the said Iohn the right came to the said Thomas who is now Demandant as son and heir c. And which after that Terme c and thereof bringeth suit c. And the same R. B. T. W. and P. A. by T. B. their Attorney come and defend their right when c. and pray licence thereof to imparl here untill the next County to wit untill Thursday next after the Feast c next coming and have it c. The same day is given to the said T. T. here c. At which day here came as well the said T. T. by his Attorney aforesaid as the same R. B. T. W. and P. A. by their Attorney here c. and hereupon the same R. B. T. W. and P. A. vouch thereof to warrant P. B. who hath no Lands or Tenements in the County of Chester but all in the County of Wilts and prayeth that the said Peter may be summoned in the County of Wilts A forraigner vouched to warrant by ayde c. and the said T. T. well alloweth the said vouchee c. let him have it c. And because their vouchee to warrant cannot be determined in the said County of Chester day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the feast of the Translation of Saint Edw. next coming c. And in the mean time the writ of the Lord the King may be followed if c. At which day further day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the Feast of Saint Martin the Bishop next coming c. And in the mean time c. At which day a further day is given to the parties aforesaid here untill the next County to wit untill Thursday next after the Feast c. And further the said Justice C to the Justices of the Common Bench here to wit at W aforesaid returneth That he by vertue of the writ aforesaid to him directed prefixed a day to the parties aforesaid at the said Oct. Hil. that they should be here to do and receive as that Writ in it selfe commandeth and requireth At which said Octab. Hill before the said Iustices of the Bench here to wit at Westminster aforesaid Remandment of the plaint came the same T. T. by R. Jenour his Attorney and offered himself the fourth day against the said R. B. T. W. and P. A. in the plea aforesaid and
Plaintiff and Defendant come by attorny And there upon the same David prayeth execution against the same John for the said 20 l. by him in Form aforesaid acknowedged to be levyed of his lands and Chattles and against the same Bartholomew for the said 20 l. c. and so against the rest severally And the same I. B. W. and H. pray liberty to imparle untill Cr. Tri. and have it c. The same day is given to the same David here c. Execution prayed severally PAsch 9. Jac. Roll 349. Walter Devon ss It was commanded the sheriff because in the record and proceedings Scire facias after a judgment reversed in a writ of false judgment upon a Record in Detinue and also in commencing of a certain plaint which was in the hundred of N. C. Esquire of N. without writ of the Lord the King between I. C. W. H. in a plea of detinue of corne which the same I. C. demanded of the same W. a writ of false judgment was given against him in the said plaint as the King is informed by the grievious complaint of the said William and as by the inspection of the Record proceedings in the cause aforesaid which the said Lord the King now caused to be brought before his Justices at Westminster sufficiently appeareth that false judgment was given against the same William in the plaint aforesaid For which in the Court of the Lord the King now here before his said Justices it was considered that the judgment aforesaid should be revoked nulled and altogether taken for nothing Judgment reversed And that the same William should be restored to all things which he had lost by occasion of the judgment aforesaid Notwithstanding because the said Io. Clerk after the judgment aforesaid in the hundred aforesaid given and by force thereof and pretence of a certaine judiciall precept issuing out of the hundred caused to be don and levyed upon one Cow of the same Willam 39 s. 11 d. for the value of the said Corne to wit for eight bushels of Rye and 12 d to the same Iohn for his costs and charges which he had and sustained by the occasion of the detention of the corne aforesaid in the hundred aforesaid adjudged And thereupon the said Cow was sold by which occasion the said Iohn Clark of the said 39 s. 11 d. for the value of the said corne and of the said 12 d. for his costs and charges aforesaid in the hundred aforesaid by vertue of the judgment aforesaid recovered was and is satisfied as by the relation and information of the said William the Lord the King is informed and understands And because c. that by honest c. he should make knowne to the said I. C. that he should be here at this day to wit Men. Pas to shew if any thing c. Wherefore the Cow aforesaid or the value of the same or the said 10 s and 11 d. in Form aforesaid recovered Scire facias to have restitution ought not to be restored and repayd unto the said William according to the Form and effect of the said judgment in the said Court of the said Lord the King now in Form aforesaid if c. And now here at this day came the same W. H. by R. S. his attorney and offered himselfe the 4 th day against the said I. C. in the plea aforsaid and he being solemnly called came not and the sheriff now retorneth that he hath nothing Alias Sci. fac awarded c. nor is to be found c. Therefore as before it was commanded the sheriff that by honest men c. he shall make known to the said I. C. that he be here in Cr. Trin. to shew in Form aforesaid c. PAas 13. Jac Rot. 774. Brownlow Civit. Covent ss It was commanded the Coroners of the City aforesaid whereas the King had commanded the late sheriff of the City aforesaid that of the lands and chattls of H. L. late of D. in the county of Cest Gent. in their bayliwick they would cause to be made aswell a certaine debt of 150. Scire facias directed to the Coroners and Sheriffs both to levy a certaine debt upon a fi fac and not payed to the party at the returne of the fi fac l. which H S. in the Court of the King here to wit at Westminster recovered against him as 30 s. which to the same H. in the same Court of the King here were adjudged for his damages which he had by occasion of detayning of that debt and that they should have those monies before the Justices here to wit at Westminster 15. Marti last past to render to the said Humphery for his debt and damages aforesaid whereof he is convicted at which day here to wit at Westminster aforesaid came the same H. by G. B. his attorney and the sheriffes to wit T. L. and I. B. then retorned that they by vertue of the said writ to them directed of the Chattles of the said H. have caused to be made 125 l. parcell of the debt and damages aforesaid which said 125 l. here to wit at Westminster aforesaid at that day they have ready notwithstanding the same sheriffs the said 125 l. had not here in Court of the Lord the King at that day nor have satisfied the same Humphry for the said 125 l. as by the information of the said H. to the King was made known and because c. that by honest and c. they should make knowne to the same T. and I that they should be here at this day to wit 15. Pas to shew if any thing c. wherefore the same H execution against them for the said 125 l. by them in Form aforesaid levyed ought not to have c. if c. And now here at this day commeth the said H. by his attorney aforesaid and offered himself the 4 th day against the said T. and I. in the plea aforesaid and they being solemnly called came not and the Coroner to wit W. F. now retorneth that he by vertue of the Writ aforesaid to him directed by F. N. and T. W. honest c. made known to the same T. and I. to be here at this day to shew in Form aforesaid c therefore it is considered that the said H. have execution against the same T. and I. for the same 125l by them in Form aforesaid levyed by default c. LOndon ss Pasch 11. Jac. Rot. 620. The entry of a Sci. fac upon a generall pardon Capias ut lagat Brownlow ss It was commanded the sheriffs that they should not omit for any liberty within their Bayliwick but that they should take H. H late c. otherwise called c. utlawed in London next before the Feast of St. Dunston the Bpp. An. primo c at the suit of G. E. in a plea of debt if c. and him in safty c. so
that they should have his body here at this day to wit 15. Pas to do and receive what the Court of the Lord the King here shall consider of him in that behalf and now here at this day cometh the said Henry by W. C his attorney and sayeth that after the utlawry aforesaid against the said Henry had and published by a certain Act in Parliament of the said Lord the King now by continuance held at Westminster in the county of Midd. the 9 th day of Febru in the seventh yeare of the Lord the King now amongst other things it is inacted established by authory of the same Parliament that all and singular subjects of the said Lord the King aswell spirituall as temporall of this kingdom of England Wales the Islands of I. and G. and the Towne of Barwick the heires successors executors and administrators Pardon pleaded of them and every of them and all and singular corporations in any wise incorporated Cities Borroughs Counties Rideings c. and every of them And the Successor and Successors of them and every of them by the authority of the same Parliament should be acquitted pardoned released and discharged against the said Lord the King his heires and successors and every of them of all Treasons Felonyes offences contempts Trespasses entries injuries deceipts misdemeanors penalties Summes of monies Punnishment by death corporall punishments and pecuniary and generally from all other things causes complâ—ints suits judgments and Executions in the statute aforesaid not excepted nor Foreprised which by the said Lord the King by any meanes or in any other manner could be pardoned before and untill the 9. day of November then last past before the making of the said Act to every or any of his subjects Corporations incorporat Cities Burroughs c. or any of them yet so notwithstanding that every person utlawed shall prosecute his writ of Scire Facias against such party or parties at his or at whose Suit he or they were utlawed before the pardon in such case be allowed to the party utlawed as in the same Act is more fully contayned and the said Henry further saith that the utlawry aforesaid is not excepted nor Foreprised in the same statute Averment that the Utlary is not Averment that he is a Subject and that he is and at the time of the making of the said Act and long before was a subject and leige man of the said Lord the King now born under his obedience to wit at London in the parish c. and this he is ready to verifie where when and how the Court of the Lord the King now shall consider thereof whereupon it is not intended that the said Lord the King will impeach the said Henry by occasion of the utlawry aforesaid whereupon he prayeth judgment that he may be discharged from the said utlawry and because it is expedient and there is a necessity that the same Griffin should be premonished for his interest in this behalfe before the discharging of the same Henry from the utlawry aforesaid be further proceeded in according to the Form of the staute aforesaid The sheriffs are commanded that by honest c. they make knowne to the same G. that he be here in Cr. Ascen Dom. to prosecute against the same Henry his plea aforesaid if c. at which day came the same Henry by his attorney aforesaid and the sheriffs Sci fac awarded Sheriffs returne Sci fac Mercy to wit E. R. and A. P. now retorne that they by vertue of the writ aforesaid to them directed by I. W. and R. G. honest c. made knowne to the same G. of being here to this day to prosecute in Form aforesaid he the fourth day of the plea being solemnly called came not nor any whit further prosecute his said Writ therefore he and his pledges are thereof in mercy let the names of the pledges be inquired of And that the said Henry goe thereof without day Generall Pardon allowed c. and that the generall pardon aforesaid be allowed him c. Count in debt upon a Sci fac upon the generall pardon PAsch 12. Iac. Rot. Brownelow retorn Mense Pas to follow in Form aforesaid c. and now here at this day to wit Mens Pas came aswell the said William by his attorny aforesaid as the said Tho. by R. D. his a torny and the sheriffs as before now retorneth here that he hath nothing c. nor is to be found c. And hereupon the same Tho. declaring against the said Will upon his originall writ in the plea aforesaid said that the said W. had not rendred to the said T. 20 l. which to him he oweth and unjustly detayneth c. for that to wit that whereas the said W. the 20. day of Octo. An. c 3. at London in the parish and ward aforesaid by this certaine writing obligatory granted c. M 1. and 2. Eliz. Rot 1248 in a Scire facias against B. and A. upon a Recognizance one of the defendants is alleaged to be dead and one other processe against him and the others prayeth imparlance ss THe sheriff was commanded whereas R. C. and I. his wife in the Court of the King here had recovered against I. H Sci fac against a Tenant by Elegit and part of the monie levied the Tenant against whom the execution was brings the residue and a redelivery awarded 68 s. for their damages which they had by occasion of the detaining of the dower of the same I. of the Tenements in N. of the indowment of I Son of I. H. her late husband as by a certaine Jury of the country before the Justices of the King assigned to take the assize in the county aforesaid such a day and yeare at Wigo thereof between them Summoned and taken was convicted and the same R and I. came afterwards into the court of the Lord the King here and chose to be delivered to them all the goods and Chattles of the said I. H. besides the Oxen and Cattles of the Plough and likewise the moyety of all his lands and Tenements in his Bayliwick to hold as their free Tenements to them and their assignes accor to the Form of the statute in such case provided untill 68 s. for the damages aforesaid should be thereof levyed whereupon the King commanded them that al the goods and chattles of the said I. H. besides his oxen Cattle of the Plough and likewise the moyety of his lands and Tenements in your Bayliwick without delay you cause to be delivered to the same R. and C. by the resonable price and extent to hold to them and their assignes as their Free Tenement in Forme aforesaid untill 68 s. for their damages aforesaid should be thereof Levyed and in what sort Elegit awarded Return of the Elegit c. should be made Known here such a day c. the same sheriff to the justices of the King
of c. in their Bayliwick they should cause to be made as well a certain Debt of a hundred pounds which T G in the Court of the Queen here recovered against him as six pounds as forty shillings which same T. in the said Court here were adjudged for his damages c. Re. Oct. Hillar And now here at this day c. and the Sheriffs Nichil c. And hereupon it is testified in the same Court That the same G. after the death of the same W sold diverse goods and chattells which were of the said W. at the time of his death and the monies received for those goods and chattells converted into his own use and the residue of the goods and Chattells which were of the said W were eloyned or to his own use converted with the intention that the said Execution should not be done Therefore it is commanded the Sheriffs that of the goods and chattells which were of the said W at the time of his death being in the hands of the said G. they should cause to be made the Debt and damages aforesaid If they can be found in their Bayliwick otherwise by the Oath of honest and lawfull men of their Bailiwick they should make diligent enquiry what goods and chattells that were of the said W at the time of his death by the said G after the death of the said W are sold or eloyned or converted to the use of the said G. and what they shall finde by that Inquisition the sheriffs should make appear here such a day under their seale c. and seales c. the same day is given to the said T here c. At which day here came the said T by his Attorney aforesaid and the Sheriffs to wit T. C. and W. C. now return a certain inquisition taken before them at Guild Hall of the City of London by the oath of twelve c. by vertue of the Writ aforesaid taken by which it is found that diverse goods and chattells which were of the said W. B. at the time nf his death to the value of one hundred and ten pounds came to the hands of the same G. B. after the death of the same W. B. to be administred and that the same G. had converted all the same goods and chattells to his own use Therefore it is commanded the Sheriffs that by honest and lawfull men of their Bailiwick they should make known to the said G that hee should be here alia die to shew if he had or knew any thing to say for himselfe wherefore the said T Execution against him for the Debt and Damages aforesaid of his own goods and chattells ought not to have c. according to the Form of the Recovery aforesayd if c. Nihil returned Al fi fac awarded At which day here came the said T. by his Attorney aforesaid and the Sheriffs now returned that he hath nothing c. nor is found c. Therefore as before it is commanded the Sheriffs that by honest c. they make known to the said G. that he should be here at this day to shew in Forme aforesaid c. Defendant appeares And now here at this day came as well the same T. by his Attorney aforesaid as the said T. premonished c. by T. W. his Attorney and the sheriffs now return that the said G hath nothing c. nor is found c. hereupon the said T prayeth Execution against the said G of the Debt and Damages aforesaid Prayes Execution of his proper goods Quere of the proper goods and chattells of the said G to be levied to him to be adjudged c. Quaere if such a Writ be usuall See Petifers case Coke 5 fol. 32. That such writ Est male Barr by confession that execution ought to be against him for the damages of his proper goods but as to the debt pleads fully administred before the Teste of the originall against funeralls and payment of debts and that he had not the goods found by the inquisition nor wasted c. and the eupon a demurrer Plene administravit specially pleaded about funeralls payments of debts and other necessaries c And traverseth the wast found by the inquest of office Judgement for the defendant after demurrer Nota And the same G as to the Damages aforesaid saith That he cannot gainsay but the same T ought to have Execution against him for those Damages of the proper goods and chattells of the said G. according to the recovery aforesaid therefore it is considered that the said T. have Execution against the said G. of the Damages aforesaid of the proper goods and chattells of the same G. according to the Recovery aforesaid and as to the Debt aforesaid the said G. saith That the same T ought not to have Execution for that Debt of the said proper goods and chattells of the said G by pretence of the Recovery and inquisition aforesaid because he saith That he before the day of purchasing the Originall writ of the said T. fully administred all the goods and chattells which were of the said W.B. at the time of his death about the Funerall and payment of Debts of the said W. and other necessary things to be done and administred by the same G as Executor of the Testament of the same W. and then nor at any time afterwards had not nor yet hath any goods or chattells which were of the said W B in his hands to be administred nor goods or chattells in the inquisition aforesaid above contained or any of them or any other goods which were of the said W B at the time of his death to his proper use converted or otherwise wasted and this he is ready to verifie whereupon he prayeth judgement if the said T execution against him for the Debt aforesaid of the proper goods of the said G. by pretence of the Recovery and Inquisition aforesaid in Forme aforesaid ought to have c. And thereupon the plaintiff demurrs in law and judgment for the Defendant which judgement was afterwards reversed in the Kings Bench by writ of Error That the first issue was Non est factum Testatoris and found against the Defendant and thereupon judgement and a Fieri Facias and the sheriff returned Nichil and upon a Testat Devastavit a writ of ad inquirend de Wast and wast found by Inquisition and thereupon this Scire facias to the Defendant who appears and pleads Two Scire facias Where the Defendant pleads Plene administravit Nota. and assets are sound and judgment thereupon and the sheriff returns a devastavit such speciall Devastavit is not a good plea for that it is contrary and repugnant to the sheriffs Return but in such case such Inquisition may be traversed HIll 33. Eliz. rot 612. Between W and S. Scire facias against an Executor upon a surmise that the Executor had wasted the goods of the Testator against which
plea aforesaid and they being solmnly called came not and the sheriff of Cornwell to wit C. T. Esquire now retorneth that he by vertue of the writ aforesaid to him directed such a day and yeare Tertenant returned of a Messuage and thirty acres of land by W. N. and H. F. honest c. made known to R. D. Tenant of one messuage and 30. acres of land with the appurtenances in T. C. now or late in the tenure of I. C and L M which were of I C in Fee simple at the time of the judgment given and afterwards that he should be here at this day to shew in Form aforesaid c. Therefore it is considered that the said Hugh have his execution against the said R. D. Tenant of the debt and damages aforesaid to be levied Judgment of the said Massuage and 30 acres of Land with the appurtenances Execution by default for the debt and damages aforesaid to be levied of the lands and tenements aforesaid Elegit of the moyety awarded of the lands for default of the said R. and hereupon the said H chose to be delivered to him the moyety of the said messuage and 30. acres of land with the appurtenances according to the Form of the Statute thereof made and provided until the debt and damages aforesaid be thereof levyed and prayeth a writ of the said Lady the Queen thereof to be directed to the said sheriff of the County of Cornwall and it is granted him retornable here tres Trin. And in as much c. Brownlow H 43. Eliz Rot. 157. Suff. ff Scire fac For Seaman against the Ter-tenants of T. L Re. in Cr. Trini 41. Eliz. upon a Recognizance for 60 l. 33 s. 4 d. for damages For P L retorned ter-tenant of divers lands c. saith that the said T L before the said judgment 10. of August 35. Eliz enfeoffed I. and T Brown to the use of the said Tho. and his heires males and that he was seised in Spec. Fee-tayle at the time of the judgment given and that he 11. Sept 41 dyed seised in taile And that the Lands descended to the said P as Son and heir and that he entred and was seised in Spec. Taile judgment if execution c the Plaintiff saith that T was seised in fee simple Entry of a Sci fac upon a bail to make deliverance after gage deliverance of Cattell in Court against the Manucaptors because the Conusor had not made deliverance 1 H 7 11. 21 E 3. Bâ— Pledges 9. 18. at the time of the judgment given and traverseth the Feoffment modo et forma HAs 33. Eliz. Rot. 2045. ss It is commanded the sheriff whereas G. G. of c R S. of c. in the Court of the Lady the Queen here to wit in the Term of St. Hillary An. c. 82 Before E.A. Knight c. of the bench here to wit at Westminster aforesaid had undertaken and both of them did undertake for S G that the same S should make deliverance return of 6. Cows to E C before the Feast of the Appostle P. I then next following under the penalty of both of them 40 l. which said 40 l. the same G S acknowledged and each of them acknowledgeth to be made of their Lands and Chattles and to belevied to the use of the said T. E. if the said S. G should not make deliverance of the Chattles aforesaid to the same T. according to the Form and effect of the recognizance aforesaid And the same S heitherto hath not made deliverance of the Chattles aforesaid to the said E. according to the Form of the recognizance aforesaid as by the information of the said T. the Queen understandeth And because c. that by honest c. he make knowne to the said G. and S. that they should be here at this day to wit tali di to shew if any thing c. to wit the said G. wherefore he the said 40 l by him in Form aforesaid acknowledged of his lands and chattles And the same S. wherefore the said 40 l. by him in Form aforesaid acknowledged of his Lands and chattles and either of them ought not to be made and rendred to the same T. according to the form of the recognizance aforesaid if c. At which day here came aswell the same T. by F. E. his attorny as the same G. and S. in their proper persons and hereupon the same T. prayeth execution against the same G. of the said 40 l. by him in Forme aforsaid acknowledged c. and against the said S. for the said 40 l. by him in Form aforesaid acknowledged Test Nichil dic to be adjudged by him c. And the said G. and S. reserving to themselvs all and all manner c. Pet. tit entry of a Nihil dic hereupon Mich 34. Eli. Rot. 1813. Entry of a Sci fac upon a recognizance taken to make deliverance upon a gage deliverance against Manucapt because the Conusor had not made deliverance ss HIll 18. Eliz. Rot. 405. ss It is commanded the sheriff whereas H. N. late c. and G. H. of c. lately in the Court of the Queen here to wit in Trinity term An. 17. c. before I. D. Knight and his associates Justices of the Lady the Queen here of the common Bench and undertook for W. C. that the said W. should make deliverance and retorn of ten Oxon or of the value of them to T. H. upon the tenth day of June then next following within the Church yard of the parish Church of S. in the county of S. under the penalty of 200 l. which said 200 l. the said H. and G. acknowledged to be made of their lands and Chattles and to be Levied to the use of the same T. and D. the said W. made not deliverance of the Cattle aforesaid nor of the value of them according to the Form of the racognizance aforesaid as by the information of the said T and D the Qu. understandeth T 9 Jac rot 3 510. and because c. that by honest c. he make knowne to the said H. and G. that they should be here at this day to wit in Oct. S. Hill to shew if c. wherefore the same T. and D. ought not to have execution against them of the said 200 l. according to the Form of the recognizance aforesaid Sci. fac in a writ De droit de gard Sci facâ— upon judgment in debt and detinue if c. And now here at this day came aswell the said T. D by their attornies aforesaid as the same H and G. by F. their attorney And the sheriff now retorneth that they have nothing c. nor are found c And hereupon the said T. and D. pray execution against the same H. and G. of the said 200 l. to be adjudged them c. H 10. H. 6. Rot. 141. Scire Fac Upon a
W. as the said W W are dead as by the information of W S executor of the testament of the said W W the King understands and because c. that by honest c. he make known to C C Gent. son and heire of the said I and now Tenant of all the lands and Tenements which were of the said I in Fee-simple at the time of giving the judgment aforesaid that he should be here at this day to wit in Cr Trin. to shew if any thing c. wherefore the debt and Damages aforesaid ought not to be made of the lands and tenements of the said I. in Fee-simple at the time of the judgment aforesaid given being in the seisin of the said C in the county aforesaid according to the form of the recovery aforesaid and now here at this day came aswel the said W S by I B his attorney as the said C by P K his attorny and the sheriff now retorneth that he by vertue of the writ aforesaid to him directed die tali An. by E D and W W honest Sci fac tenenti terr returned c. made known to the said C son and heire of the said I and tenant of 1 Messuage and 10. acres of land c. in C in the county aforesaid which were of the said I C in Fee-simple at the time of the judgment aforesaid given that he should be here at this day to shew if any thing wherefore the debt and damages aforsaid ought not to be made of the lands and Tenements aforesaid being in the seisin of the said I and rendred to the said W S according to the forme of the recovery aforesaid And hereupon the said W S bringeth here into court the letters testamentary of the said W W by which it is sufficiently manifest to the Court here the same W S to be executor of the testament aforesaid and thereof to have the administration c. and prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to him to be adjudged c. and hereupon the same C prayeth licence thereof to imparle here c. untill Oct. Hill c. at which day here came aswell the same W as the same C by their attornies aforesaid and hereupon the same W S as before prayeth execution against the said C of the debt and damages aforesaid of the lands and Tenements aforesaid to be adjudged to him c. ANd the said C saith that the said W execution against him as son and heire of the said T C of the debt and damages aforesaid ought not to have because he saith that he hath not Monstrans de testament Bar riens per discent Quere nor at any time after the judgment aforesaid given had any lands or tenements by hereditary discent from the said I his Father in Fee-simple whereof the debt and damages aforesaid could be made and this he is ready to verifie whereupon he prayeth judgment of the said W S execution against him as son and heire of the said I of the debt and damages aforesaid ought to have c. ANd the said W S saith that by any thing before alledged Replication that he had assets by discent at the teste of the Sciâ— fac he ought not to be barred from having his execution against the said C as son and heire of the said I of the debt and damages aforesaid because he saith that the same C before the day of the judgment aforesaid given and the day of purchasing the said writ of Scire fac to wit tali die An. had sufficient lands and tenements by hereditary discent from the said I. his father in Fee-simple whereof he might have satisfied the said W S of the debt and damages aforesaid to wit at C aforesaid and this he prayeth may be inquired of by the Country and the same C likewise Therefore 12 c. Continuance of a Scire facias ss AT which day here came the said Plaintiff by his attorny aforesaid And the sheriff sent not the writ Therefore let the defendant as before be premonished that he be here in Ost. S. Mich. to shew in Forme aforesaid c. Sci fac by the surviving Administrator of goods of the first intestate not administred by the first administrator T 16. Jac. Rot. 3109. London Int. G and H Scire fac by the surviveing administrator of the goods of the first intestat of goods not administred by the first administrator Sci fac brought upon a Devastavits post An. diem T 19. Jac. Rot. 1779. Scire fac to have execution de bonis propriis upon a devastavit retorned post An and diem Sci fac brought against the administrator by the executor at his full age upon a judgment had against the intestate by the administrator during the minority of the Infant H 7. Jac. Rot 109. Brownlow London ss It was commanded the sheriff whereas I B and H G administrators of the goods and chattles which were of I W during the minority of Margaret W executrix of the testament of the said I W lately in the court of the Lady Eliz. late Queen of England to wit in Mich. term An. 27. and 28. before E A Knight and his associats then justices of the said Lady the Qu. of the Common Bench here to wit at Westminster by the consideration of the same Court had recovered against W D late c. otherwise called c. aswell a certaine debt or 160 l. as 98 s. which c. whereof he is convicted as by the record and proceedings therein in the court of the Lord the King now here remayning manifestly appeareth execution notwithding of the judgment aforesaid yet resteth to be done and the said W is dead Averment of the full age of the executrix and the death of the Defendant And the same Margaret after the judgment aforesaid therein given is come to the full age of 21. yeares and afterwards took to husband one Tho. Knight as by the information of the said T. and M executrix of the testament of the said I W deceased the King hath understood And because c. by honest c they should make knowne to W D and Margaret his wife Administratrix of the goods and Chattells which were of the said W D who died instated Sci fac awarded against the administratrix of the defendant c. at the time of his death That they should be here at this day to wit in Oct. Hill to shew if c. wherefore the same Thomas and Margaret his wife execution against them of the debt and damages aforesaid of the goods and Chattles which were of the said W D at the time of his death being in the hands of the said W and M his wife to be administred ought not to have c. according to the Form of the recovery aforesaid if c. and an al
the Form of the recovery aforesaid by default c. But let execution therein cease The Incumbent pleads in Bar that the writ of Quare impedit depending the plaintiff was utlawed and that he resigned by which it appertained to the Queen to present and the Queen presented him and that he was indicted such a day and after that the plaintiff sued a writ of Error forth to reverse the utlâ—ry and afterwards it was reversed as to have a writ to the Bishop untill the plea between the said Thomas and the said Gabriel be determined c. and the said Gabriel saith that the said Thomas execution upon the judgment aforesaid against him ought not to have because he saith that the said writ of quare impedit depending to wit such a day and yeare certain C. B. Esquire out of the Court of Chancery of the Lady the Queen at VVestminster in the County of Midd. then being prosecuted a certaine Originall writ of the said Lady the Queen against the same Thomas Beverly c. And recite the outlawry Therefore he by the judgment of W. D. and T. G. then Coroners of the said Lady the Queen of the County aforesaid was utlawed after wich said utlawry against the same Thomas B. in Form aforesaid published remayneth reversed or adnulled and after the said recovery of the presentations aforesaid in the said writ of Scire facias specified to wit the first day of December An. Rn. c. 23. the same Gabriel being then Parson of the Church of Somerby aforesaid at Somerby aforesaid on his owne accord resigned the same Church into the hands of William then Bpp. of Lincoln ordinary of that place whereof the Church aforsaid was then void By pretext whereof the right of the presentation to the same Church being so void by force of the utlawry aforesaid as is before said then being in his strength to the said Lady the Queen belonged the same Lady the Queen to the said Church being so void afterwards to wit the third day of December An. Regni sui 9. by her letters Patents which the said Gabriel with the Great Seale of England Sealed bringeth here into the Court whose date is at Westminster in the County of Midd. the same day and year Presented the same Gabriel her Clerk and the same Gab. by vertue of the presentation afterwards to wit the 5 day of December An. 29. abovesaid was admitted and instituted in the same and afterwards and before the day of the purchasing of the said Writ of Scire facias to wit the 16. day of December An. 29. abovesaid the same Gabriel into the Church aforesaid was inducted by pretext whereof the said Church was full and yet is of the same Gab. by the presentation of the said Lady the Queen after which said admission institution induction of the said Gabriel into the Church aforesaid to wit the 13. day of February An. Rn. 29. abovesaid the same Thomas Beverly prosecuted out of the same Court of Chancery aforesaid at Westminster aforesaid then being a certain writ of the said Lady the Qu. De Errore corrigendo to her beloved and faithfull Edm. Anderson Knight directed By which said writ the said Lady the Queen now reciteth by the said Writ that because in the Record and Procedings and also in publishing the said utlawry against the said Thomas in the County of Lincoln aforesaid published and before the same E. A. and his associates then Justices of the said Lady the Queen of the Bench as is said retorned manifest error hath intervened to the great Damage of the said Thomas as by his complaint the Queen understood the same Lady the Queen willing the error if any be in due manner to be corrected and to the same Thomas full and speedy Justice may be don in this behalf commanded the said Edmond Anderson that if the utlawry aforesaid before the said Edmond and his associats aforesaid in the bench aforesaid be returned so it was said then the record and processe of the utlawry aforesaid with all things touching them to the said Lady the Queen under your Seale you distinctly and plainly send and that Writ so that we may have them a die Pas in tres Sept. then next following wheresoever we shall be in England that viewing the Record and proceedings aforesaid we have cause further to be don thereupon for correcting the said Error that of right and according to the Law and custom of the Lady the Queen of E. ought to be done by vertue of which writ de err corig the same E. A. the record and proceedings aforesaid whereof mention is made in the said writ of Error Certificat of the utlawry upon the writ of Error to the said Lady the Qu at W. aforesaid at the said tr Sep. Pas under his seal sent according to the form and effect of the said writ the Tenor of which Record and proceedings follow in these words Pleas at W. before E. A. Kr. and his associats Justices of the said Lady the Qu. of the Bench of E Term An. of the reign of El. by the grace of God c. 28. rot 1209. Lincoln ss Charles Bawdes Esquire by his attorney offered himself the 4. day against Thomas Baverley c of A plea wherefore with force and armes c. And he came not c. therefore the sheriff was commanded that he attach him c. and the sheriff now returneth that he hath nothing c. therefore let him be taken that he may be here Tli die At which day there came the said Charles by his attorney and offered himself the 4. day against the said Thomas in the plea aforesaid and he cannot And the sheriff was commanded that he should take him c. and the sheriff now returneth that he is not found c. Therefore as before let him be taken that he be here Tli die ss Pleas at Westminster before c. and recite the entry of the Plu. Capias and the pleas at Westminster c. And recite the entry of the Exigi Fac. At which day the sheriff returned that his county held at Lowth in the county aforesaid the 24. day of Oct. An Regni Eliz. now c. 28. The same Thomas Beverly was the 5. time called and appeared not And that so at the 4. Countys next preceding the same Thomas was likewise called and appeared not and because he appeared not at any of the aforesaid Countyes therefore he is utlawed afterwards to wit on Thursday next after tres Sept. S. Mich. then next following before the said Lady the Queen at Westminster came the same Thomas B in his proper person and rendred himself prisoner to the Marshall of the Marshallsey of the said Lady the Queen before the same Queen by occasion of the utlawly aforesaid who was committed to the Marshall c. Error assigned And presently said that in the record and proceedings aforesaid and also in publishing of the
outlawry aforesaid it was manifestly erred in this that within the county of Lincoln aforesaid were and at the day of purchasing of the originall Writ aforesaid and also from the time wherof the memory of man is not to the contrary there were two Townes one called Humby the great the other Humby the lesser and neither Towne was named or called Humby alone without addition and this he was ready to veryfie whereupon he then prayeth judgment and that the utlawry aforesaid for the said Error and c. others in the Record proceedings aforesaid being might be revoked adnulled taken altogether for nothing And he to the common Law of the Realm of the Lady the Queen of England and also to all things which he had lost by the occasion of the utlawry aforesaid might be restored c. And then the said T. B. prayed a writ of the said Lady the Queen to premonish the said Charles of being before the said Lady the Queen to hear the record and proceedings aforesaid and it was granted him Scire facias c. Whereupon it was commanded the sheriff that by honest c. he should make knowne to the said Charles that he should be before the said Lady the Queen in Oct. S. Marti then next following wheresoever c. to hear the record and proceedings if c. and further c. the same day then given to T. B. c. And hereupon then came W K. of c. Gent. S. T. of the parish c. Gent. I D of London Yoeman and L. R c. and undertook for the same Iohn Beverly to have the body of the same Thomas before the said Lady the Queen at the same Term The plaintiff bayled corpus pro corpore and so from that day untill c. every of the said Manucaptors body for body c. at which said Oct. Martini before the said Lady the Queen at Westminster aforesaid came the said Thomas B. in his proper person and the sheriff of the said county of Lincoln then returned there that by vertue of the said writ to him directed by G. S. and R. B. honest c. he had made knowne to the said Charles B. of being before the said Lady the Queene at the day and place in the same Writ contained to hear the record and proceedings aforesaid if c. according to the exigency of that writ which the said C. B. the 4. day of the plea being solemnly called by S. W. his attorney came whereupon the said Thomas as before then said that in the record proceedings aforesaid and also in the publishing of the utlawry aforesaid it was manifestly Erred alledging the Error aforesaid by him in form aforesaid alledged and prayeth that the utlawry aforesaid for that error and others in the record and proceedings aforesaid found might be revoked adnulled and altogether taken for nothing And that he to the Common Law of the Realme of the Lady the Queen of England and also to all things that he by occasion of the utlawry aforesaid had lost might be restored and that the said Charles might rejoyne to the said Error And the same C. prayeth licence therein to imparl and it was granted him c. here upon day therein was given to the parties aforesaid before the Lady the Queen here untill in 8. S. Hill then next following wheresoever c. to wit the said Charles Baudes of speaking to the said Error and then to rejoyne to that Error at which said Oct. S. Hill before the said Lady the Qu. at Westminster came aswell the said T. B. in his proper person as the same Ch. by his attorney aforesaid And the same C. then said that the utlawry aforesaid ought not to be revoked because he said that within the County of Lincoln aforesaid was and at the same tine of the purchasing of the originall writ aforesaid and also from the time whereof the memory of man is not to the contrary there is one Towne called and known aswell by the name of Humby alone as by the name of Humby the great this he was ready to verifie whereupon he prayeth judgment and that the judgment aforesaid in all things might be confirmed And the said Thomas Beverly as beforesaid That within the said County of Lincolne were and at the same time of purchasing of the originall writ and also for the time whereof the memory of man is not to the contrary were two Towns the one called H. the great the other called H. the lesser without this that within the county of Lincoln aforesaid was and at the same time of purchasing c. was one Towne called and known by the name of H. only Travers as by the name of H. the great in manner and Form as the said C. B. above in pleading had alleadged and this he was ready to verifie whereupon as before he prayed that the utlawry aforesaid might be revoked adnulled and altogether taken for nothing And that he to the common Law of the Realm of the Lady the Queen of England and to all things which he by occasion of the utlawry aforesaid had lost might be restored c. And the same Charles as before said that within the county of Lincoln aforesaid there was and at the same time of purchasing of the originall writ aforesaid was one Towne called and knowne aswell by the name of Hu. only as by the name of Humbly the greater in manner and Forme as the said Charles had above alledged and of this he put himself upon the Country and the said Thomas likewise therefore it was then commanded the sheriff of the said County of Lincoln that he should cause to come before the Lady the Queene in Oct. Pur. 12. of the body of the County of Lincoln by whom c. And recite the Postea who say upon their oath that within the county of Lincoln aforesaid there is not nor at the within written time of purchasing of the said originall writ within writien was there a Towne called and knowne aswell by the name of Humby only as by the name of Humby the great as the same Thomas B. hath within alledged whereby it was then considered in the same Court there that the utlawry aforesaid should be revoked adnulled and altogether taken for nothing and the same Thomas B. to the common Law of this Realm of England and to all things that he by occasion of the utlawry aforesaid had lost should be restored c. And this he is ready to verifie whereupon he prayeth judgment and that the said Thomas Beveley may be barred from having execution against him of the judgment aforesaid c. Judgment was given against the Queen quaere T 11. Jac. rot 707. Brownlow ss Otherwise as it appeareth A Scire faciâ—s brought against the principaâ—l and bayl to prosecute an Audita querela where judgment was given for the plaintiff upon Nil capiat pro bre Pas 11.
same sheriff of N. that by honest and lawfull men of his Bayliwick he make knowne to the said George that he should be here at this day to wit tres Trin. to shew if any thing c. wherefore the same George whereas to him of his debt Damages costs and reasonable and necassary charges it hath been satisfied possession of the Mannor and the Tenements aforesaid with the appurtenances he ought or can hold At which day here came the same T. by Iohn Maior his attorney and offered himself the 4th day against the said George in the plea aforesaid and he being solemnly called by Thomas Bennet appeared and the sheriff to wit Thomas Huchison Knight now retorneth that he by vertue of the Writ aforesaid to him directed by George West and G. Mercer honest c. of his bayliwick make known to the said George that he should be before the Justices of the Lord the King at the same Term. And hereupon the same George by his attorney aforesaid prayeth licence therein to imparle here untill in 8. S. Mich. And hath it c. The same day is given to the said Thomas here c. Entry of a Sci fac after a devastavit returned brought by the Administrator of the plaintiff who is dead after judgment upon the devastavit that he should have execution de bonis propr executoris M 9 Jac Rot 703. the like H 19. Jac. Rot. 2098. B. Cornub ss It was commanded whereas the King had lately commanded W. C. late sheriff of the County aforesaid that of the goods and Chattells which were of Io. P. late called Io. of M. within the parish of P. in the County aforesaid Gent. at the time of his death in the hands of W.P. late of P. c. Gent. and Joane P. late of P. in the County aforesaid widow executors of the Testament of the same Iohn in your bayliwick he should make aswell a certaine Debt of 40 l. which Gar. B. widow in the Court of the King now here to wit at Westminster had recovered against them as 40 s. which to the same G. in the same Court of the King here were adjudged for her Damages which she had by occasion of the detayning of the said Debt if the same W. and I. so much goods and Chattells which were of the same I. at the time of his death in their hands to be administred had and if they had not Then the Damages aforesaid of the proper goods and Chattells of the said William and Joane to be levied and that he should have those monyes here in Cr. S. Martini last past to render to the same Gar. for her Debt and Damages aforesaid whereof they are convicted And now here at this day came the said Gar. by Nich. Cory her attorney And the same now Sheriff at that day retorned that before the comming of the Writ aforesaid to him directed the same William and Joane the goods and Chattles which were of the same Iohn at the time of his death in the hands of the said William and Ioane to the value of the debt and Damages aforesaid had wasted by which the Debt and Damages aforesaid or any parcell thereof he could cause to be made and the same sheriff further returneth that he caused to be made of the proper goods and Chattels of the said William 40 s. for the Damages aforesaid which said 40 s. at the day and place abovesaid he had ready as by the said writ it was commanded him And the same Gar. is dead as by the information of E L. and Margaret his wife Administratrix of the goods and Chattels which were of the said Gar at the time of her death and Ric. Penhallow and Mary his wif co-administratrix with the said Margaret of the goods and chattells aforesaid the King understandeth and because c. That by honest c. he should make known to the same William and J that they should be here at this day to wit Tres Tr. to shew if any thing c. wherefore the said Ed. and Margaret R. and Mary Offer execution against them for the Debt aforesaid of the proper goods and Chattells of the same W. and I they ought not to have c. And now here at this day came the same Ed. and Margaret Richard and Mary by the same N. C. their Attorney Averment that the plaintiff died intestate and the Letters of administration shewed c. and offered themselves the fourth day against the same William and Ioane in the same plea c. and they being solemnly called came not and the sheriff now returneth that they have nothing c. nor are found c. And hereupon the same Edward and Margaret Richard and Mary say that the said Gartrude dyed intestate and that the Administration of all the goods and chattells which were of the said Gartrude at the time of her death by George by Divine providence c. the twenty sixt day of May Anno Domini 1621. at London in the Parish of Saint Mary Bow in the Ward of Cheap to the same Margaret and Mary after the death of the said Gartrude was committed and they bring here into the Court the Letters administratory of the said Arch-Bishop which the Commission of the Administration aforesaid in forme aforesaid testifie c. and pray Execution against the same William and Ioan of the Debt aforesaid to them to be adjudged c. Therefore it is considered that the same Edward and Margaret Richard and Mary Execution by Default have Execution against the said W. and Io. of the debt aforesaid of the proper goods and Chattells of the same W. and Ioane to be levied by default c. TRin. 2. H. 6. rot 131. Essex ss It was commanded the Sheriff Entry of a Scire fac against the Sheriff for taking insufficient pledges in a Replegiare in Com. 2 H. 6. fol. 15. pl. 15. This case reported agreeing with this Record Fitzherbert processe 72. 9 H. 6. 42. Booke of entries 564. 570 571. 15 E. 4. fol. 19. by Callow Detinue â—yeth H 11. Jac. 10â— 3563. Bi Leicester ss Sommerfield and Buney against Beamount the like Scire facias F.N.B. 69. cap. 74.21 H. 6. 40. Hill 44. Eliz. rot 2555. whereas of late the King had commanded the same sheriff that by honest and lawfull men of his County he should make known to Jo. Wallis and William Bennet who for John Compeer late of O. c. became pledges for the Return of the cattell to be made which Jo. Armour Citizen and Mercer of London took and unjustly detained as is said if it should be adjudged that they should be before the Justices of the Lord the King here in Octob. saucti Hillarii last past to shew if any thing c. wherefore the cattell aforesaid for that return of them to the said I Armour for default of the same I. C. in the same Court afterwards made was adjudged and that the cattell
which day the Defendant pleads no award made generally The plaintiff pleads an award and sets forth a breach Causes of demuâ—rer that the Defendant at Midsomer 1621. did not pay 14 l. of an Annuall summe of 14 l. by the award yearely to be paid the Defendant demurs for two causes 1. for that the plaintiff hath not set forth any sufficient breach of the award 2 for that the award for payment of the said 14 l is void Joinder in Demurrer Entry of a writ of Testat Sci fac against Ter tenants who appear upon the Sheriffs return and say that there is another Tertenant in an other County non praenuncit and pray that they may not answer to the wâ—it of Sci fac brought against them usque alius pâ—aemuniatur T 20. Jac. R. Rot. 3047. Brownlow Otherwise as it appeareth Mich. 19. Jac. Rot. 939. It is thus contayned otherwise as it appeareth M. 19. Rot. 1637. It is contayned thus London ss It was commanded the sheriffs whereas V. Norrington latly in the Court of the Lady Elizabeth late Queen of England to wit in Mich. Term An Regni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Towne of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Vin in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detayning of that Debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here to wit at Westminster remayning manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And aswell the said Earl as the said Vincent are dead As by the information of I. A. and Sarah his wife administratrix of the â—â—â—ds and Chattells which were of the said Vincent by Joan Norrington â—â—te Executrix of the Testament of the said Vincent not administred the King understandeth and because c. that by honest c. They should make knowne to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queene 35. which day the judgment aforesaid was given or at any time afterwards that they should be here at this day to wit tres Trin. to shew if any thing c. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendred to the same Iohn and Sarah according to the Form of the recovery aforesaid if c. And now here at this day came the same Iohn and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea aforesaid And they being solemnly called came not and the sheriff to wit R D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earle at the same time of the judgment aforesaid given Testat Sci fac or any time afterwards in their bayliwick to whom or to which they could make known And hereupon it is testified in the same Court of the said lord the King here that there are divers Tenants of lands and Tenements which were of the said Earle at the time of the judgment aforesaid given and afterwards in the County of North. to whom he may make knowne Therefore it is commanded the sheriff of North. that by honest c. that hee make known to the Tenants of the lands and Tenements which were of the said Earle at the time of the judgment aforesaid given or at any time afterwards in his bayliwick that they be here in 8. S. Mich. to shew in Form aforesaid if c. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid as Iohn Earle of Bridgwater and Francis his wife premonished c. by William Cragg their attorney and the sheriff of the said County of North. to wit Lodowich Pemberton Knight now retorneth that he by vertue of the Writ aforesaid to him directed by William Smith and Thomas Allen honest c. made knowne to the said Iohn Earle of Bridgwater and Francis Tenants of 2. Messu 1. Cottage 100. acres of land 20. acres of Meadow and 100. acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. Tertenants of divers lands returned of the lands and Tenements which were of the said Fardinand Earle of Darb. of which the said Earle was seised in the Cr. Anim. An. 30 abovesaid of being here at the same Oct. S. Mich. to shew in Forme aforesaid c. And that there are no other or more Tenants of any lands or Tenements which were of the said Earle at the said Cr. Anim. or any time afterwards in his bayliwick to whom he can make knowne And hereupon the same Iohn Awbery and Sarah say that the administration of all the goods and Chattels which were of the said Vincent at the time of his death by the same Joane Norrington not administred by George Arch-Bishop of Canterbury of all England Primate and Metropolitan the 12. day of November An Rs. nunc 12. at London in the parish of S. Mary Bow in the Ward of Cheap after the death of the same Joane to the said Sa. were committed And they bring here in the Court lit Administrator of the said Arch Bpp which the commission of the Administration aforesaid in Form aforesaid testifies c. pray execution against the said Earle of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances in Forme aforesaid to them to be adjudged c. And the Earle of Bridgwater and Francis pray licence therein to imparle here untill 8. S. Hill And have it c. the same day is given to the same Iohn Awbery and Sarah here c which imparlance is continued untill Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth And the same Earle of Bridgwater and Francis say that the same I. A. and Sarah ought not to have execution against them for the debt and Damages aforesaid because they say that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earle and Francis to wit the first day of Iune An. Rs. c 19. one Christopher Earle Esquire was and yet is Tenant as of Fee Tenant of the mannor of S. M. with the appurtenances in S. M. in the county of Dor. and of 20. Messuages 20. Gardens 20. M. 11 Edw. 3. Fitz. brev 266. such plea is adjuâ—ged good Orchards c. with the appurtenances in S. M. aforesaid whereof the same Fardinand late Earle of Darb. in the
die in sancti Martini in 15 dies to shew if any thing c. wherefore he so many cattell to wit three Geldings four Oxen five Cowes seventy sheep and one Calfe or the price of them for the insufficiency of the pledges aforesaid and against the Forme of the statute in this case provided taken to the same Edmund Travers in the name of the return of the cattell aforesaid by him first taken and by the same R. Raye eloyned ought not to be rendred according to the Form of the statute aforesaid if c. At which day here came as well the said Edmund Travers by his Attorney aforesaid as the same R. M. premonished c. by George Bretton his Attorney and hereupon the same Edmund Travers prayeth that the same R. M. the cattell aforesaid to wit as above and the same M. by Henden serjeant in Law demurreth And for cause sheweth that it appeareth not for the said writ of scire facias whether the pledges aforesaid were taken by the same R. M. then sheriff of the said county of Surrey being upon any plaint before the same Sheriff in the County Court of the said County of Surrey by the same R. Ray against the said Edmond Travers before then levied or upon any writ of the said Lord the King De averiis Replegiand issuing out of the Court of Chancery of the said Lord the King as by the statute therein made is provided and also that the plea aforesaid and the proceedings in the same plaint whereupon the pledges aforesaid are supposed to be found do not appear in the same writ of Scire facias as they ought to appear and this he is ready to verifie whereupon for Defect of sufficient writ of Scire facias in this behalfe the same R. M. prayeth judgement and that the said Edmund from having returne of the cattell aforesaid against the said R. M. may be barred c. Harris Serjeant joines in demurrer Note Reader That the Owner of the Originall copy converted this writ in the beginning thereof to wit from of which said taking c. untill at Westminster aforesaid had for defect of which matter the Defendants councill demurred in Law and shewed the causes but the Record is as the originall Scire facias is As also for his own learning and because of the president 21 Ed. 4. fol. 30. Fitzh sci fac 113. 27 H. 6. fol. 7. Ibidem pl. 34. 9 E. 4. fol. 50. were vouched to maintain this Scire facias because it is _____ of the said Lord the King Fest remed and the plaintiff therein shall recover no damages which is for the benefit of the Defendant H 22. Iac. rot 2426. Etntry of a writ of Scire fac in debt for the demandant against a st anger wherby he afer a recovery had against the tenant and before execution sued enters into the third part recovered by writ of dower unde riens avorit The tenant dieth Brownlow Essex ss In was commanded the sheriff whereas Iohn Frith and Agnes his wife lately in the Court of the Lord the King now to wit in Easter Terme An. Regni c. 22. before Henry Hobert Knight and Baronet and his associates then Iustices of the said Lord the King of the Common bench here to wit at Westminster by the consideration of the same Court had recovered their seisin against Samuel Ram of the third part of Tenn acres of wood with the appurtenances in Dagenham as the dower of the said Agnes of the indowment of William Humphery her late husband by our Writ of Dower unde ni chil hat c. As by the record and proceedings therin in the same Court of the King here remayning it manifestly appeareth And the same Samuel is dead and one Mary Ram widow is entred into the third part aforsaid with the appurtenances and holdeth the same against the Form of the recovery aforesaid as by the information of the same Iohn and Agnes the King understandeth and because c. that by honest c. he should make knowne to the said Mary that she should be here at this day to wit in 8. Pur. beatae Mariae to shew if any thing c. wherefore the same Iohn and Agnes An estranger enters into the lands recovered and holds them against the recovers seisin execution of the third part aforesaid with the appurtenances against her ought not to have according to the Forme of the recovery aforesaid if c. And now here at this day came the same Iohn and Agnes by G. P. their attorney and offered themselves the 4. day against the same Mary in the plea aforesaid and she being solemnly called came not and the sheriff to wit Scire fac returned Iudgment that the demandant have execution of the third part by default c. Edward Botler Knight now retorneth that he by vertue of the Writ aforesaid to him directed to Iohn Humfery and Humphery Clark honest c. hath made knowne to the same Mary Ram widow that she should be here at this day to shew in Forme aforesaid c. therefore it is considered that the same I. and A. have seisin and execution against the same Mary of the said third part aforesaid with the appurtenances by default c. H 22. Jac. Rot. 1688. Brownlow Midd. ss The sheriff was commanded whereas Thomas Holt lately in the Court of the Lady Eliz. late Queen of England to wit Entry of a writ of Scire fac upon a judgment in a writ de annuo redditu to have execution de arreragiis incuâ—sis after judgment P 10 H 4 rot 123 rot 224 127 tiel 12 H 7 8 40 E 3 4 11 H 4 34 6 E 6 134 13 2 H 6 9 Pl. 6 23 H 8 fo 5 Br. No cases 28 accord with this Scire fac execution 119. Scire fac 203. in the terme of the holy Trinity in the yeare of the Reigne of the said late Queen 32. before James Dyer Knight and his associats then Justices of the said late Queen of the common Bench at Westminster by the course of the same Court had recovered against Iohn Bradshaw late of Bradshaw in the County of Lanc. Esq otherwise called c. a certaine annuall Rent of 80 s. to the same Tho. and his associets for term of life of the said T. at the severall Feasts of the Nativity of St. Iohn the Baptist and the birth of our Lord by equall portions to be paid yearly as by the Record and proceedings therein in the same Court of the Lord the King now here remayning it manifestly appeareth And 20 l. in arrearages of the yearly rent aforesaid after the judgment aforesaid given for five whole yeares ended at the Feast of S. Iohn the Baptist An. Regni c. 22. to the same Thomas are in arreare and not paid as by the information of the said Thomas the King understandeth And because c. that by honest c. he should
said Debt and damages aforesaid and because we will that those things which before our Chiefe Justice were rightly acted and known to be duely executed we command you that by honest c you should make knowne to the said A. and W that they be before our justices at Westminster quinq Pas to shew if any thing c. to wit the same A. wherefore the same 160 l. by the same A. in Forme aforesaid acknowledged to be made of his Lands and Chattles and the same W. wherefore the said 80 l. by him in Form aforesaid acknowledged to be made of his lands and Chattles and to the same Richard ought not to be rendred according to the Form of the Recognizance aforesaid if c. And have you there the names c. And this writ c. Test 14. Aprillis An. c. 22. Entry of a Scire fac in an audita qâ—erela M 21. Jac. rot Brownlow ss Whereas wee were â—nformed by the great complaint of S. A. Clerk that whereas one R. B. lately in the Court to wit in Hillary Terme An. c. 19. before our Justices at Westminster had recovered against the same S. aswell a certaine debt of 12 l. as 40 s. which c. whereof he is convicted And although the same S. in execution of the Debt and Damages aforesaid by vertue of a certain Writ of ours of Capias ad satisfaciendum thereof to our sheriff of Lincolne directed by Edward Hussey Knight and Baronet late sheriff of the same County at the suit of the same Richard was taken and imprisoned and by the same sheriff out of the same prison was permitted to goe at larg whither he would and from the execution aforesaid was delivered As by the same S. by waies and meanes convenient is ready to informe Neverthelesse the same Richard for the debt and Damages aforesaid against the same S. upon the recovery aforesaid hath againe now prosecuted and unjustly hath procured the same S. for that occasion againe to be taken and hitherto to be detayned in our Prison unto the immoderate Damage and grievance of the said S whereupon he hath be sought us to adhibit to him a fit remedy And because we will not that the same S. be injured in this behalfe And being willing to doe what is just we commanded our Justices that hearing the complaint of the same S. in this behalfe and calling before them the parties aforesaid and hearing their reasons therein they cause to be done to the same S. full and speedy justice as of right and according to the Law and custom of our Realm of England ought to be done we command you that by honest c you make knowne to the said Richard that he be here c. retornable Oct. Hill Test 30. Oct. An. 21. c. Scot. 47. H 20. Jac. in Mr. Brownlowes remembrance litera B. ss Entry of a Sci fac after a Sci. fac against Ter-Tenants Whereas wee have lately by our writ we have commanded the sheriffs of London that by honest and Lawfull men of their Bayliwick they should make knowne to the Tenants of the lands and Tenements which were of F. C. late of W. c. otherwise called c. in Fee-simple from the day of S. Martin c. An. 42. Eliz. Regin which day E. G. in the Court of the said late Lady the Queen of the Common Bench at Westminster before E. A. c. by the consideration of the same court had recovered against the said F aswell a certaine debt of 24 l. as 6 l. which to the same Edmond in the same Court were adjudged c. whereof he is convicted or at any time afterwards in their bayliwick that they should be before our Justices at Westminster in Oct. Pur. S. Mariae last past to shew if they had or knew any thing for themselves to say wherefore the Debt and Damages aforesaid of the lands and tenements which were of the said F at the time of the judgment aforesaid given or at any time afterwards in the seisin of the same Tenants in your Bayliwick ought not to be made and rendred to the said Edmond according to the Forme of the recovery aforesaid if it shall seeme expedient to them and our sheriffs of London to our said Justices at Westminster at that day retorned that there were not any Tenants of any of the lands or Tenements which were of the said Francis at the time of the judgment aforesaid given or at any time afterwards who had any thing where or by which they could make knowne to them whereupon it was testified in our said Court on the behalfe of the said Edmond that there are divers Tenants of divers lands and Tenements which were of the said F at the time of the judgment aforesaid given in the County of Suff. to whom the same sheriff may make knowne Good president Therefore it was commanded to the same sheriff of Suff. that by honest and lawfull men of his bayliwick he should make knowne to the Tenants of the Lands and Tenements which were of the said F. R. in Fee-simple at the said 15. S. Martin An. 42. abovesaid that they should be before our Justices at Westminster 15. Pas last past to shew if they had or knew any thing for themselves to say wherefore the debt and Damages aforesaid ought not to be made of the Lands and Tenements and rendred to the same E. in Form aforesaid And our said sheriff of Suff. to wit W. H. Esq to our said Justices at Westminster at that day renorned that he by P. K. and L. S. honest and lawfull men of his bayliwick made knowne to certaine F. B. Esq Tenant of the mannor of P. with the appurtenances in W. in the same County of Suff. And to R. L. Gent. Tenant of the rectory of the Church of L. in the County of S. which were of the said F. B. Esq at the time of the judgment aforesaid given of being before our said Justices at Westm at that day to answer in Form aforesaid c. and that there are no other Tenants of the lands and Tenements which were of the said F. B. in his Bayliwick to whom he could make knowne and the same F. B. and R. at the same 15. Pas in our said Court appearing said that the same E. Execution against the said F. B. of the Mannor aforesaid with the appurtenances and against the same Richard of the Rectory aforesaid with the appurtenances ought not to have because they say that before the writ of Scire sac to the sheriff of Suff. directed to wit such a day and yeare one Thomas B Gent. was Tenant as of his Free Tenement of the mannor of E otherwise E. Court with the appurtenances in the County aforesaid of which said mannor with the appurtenances the same Francis Burnall at the same 15. Martin An. 42. abovesaid which day the judgment aforesaid was given was seised in his
him in this behalfe done and that he should have here that writ The Nonsuant prayeth to be admitted to his fine for the conâ—empt and the fine was assessed and now here at this day to wit the said 15. Trin. came aswell the said I. K. and T. R. his attorney as the same I. H. and O. by I. H. their attorney And hereupon the said I. K. prayeth himselfe to be admitted to make a fine with the said Lord the King by occasion of the premisses and is admitted c. and is fined by the Justices here at 2 s. 6 d. which by the command of the Justices of the Court here he paid to R. B. Cheife Prothonotary of the Court of the said Lord the King of the bench here for necessary reparations in the Court here done and to be done Fine payed c. Therefore the same I. K. goe thereof without day c. whereupon the same I. K by the statute A writ de Sâ—ccuda deliberatione prayed Pledges de novo Recognizance c. prayeth a writ of the said Lord the King de Secunda Delib and it is granted to him retornable here in Oct. Mi. c. And also the said I. K. in the same court here found pledges de novo aswell to prosecute his Claime as of the Cow aforesaid before taken to be retorned to the said I. H. and O. if retorne thereof should be adjudged to wit T R. of O. c. and I D of c. each of them under the penalty of 100 s. whereupon it was commanded the sheriff that of the said I K. further putting in Exigent utlawing Super sedias awarded upon the Exigent taking or in anything molesting by occasion of the premisses he be altogether superseded c. M 18. H. 8. rot 2. The Lord the King sent to his Justices of the Bench here his writ closed in these words Henry by the grace of God Supersedeas out of the Kings Bench to discharge sureties of peace in the Common Bench because he found security of peace in the Kings Bench. to Robert Brudenell Knight and his associats our Justices of the Common Bench greeting because Thomas Travers of W. in the County of Essex Clerke came into our court before us at Westminster this instant day of Thursday next after 15. daies of S. Iohn the Beptist in his proper person And then found there sufficient securitie that he should personally appeare before us in 15. Pas next to come wheresoever we should then be in England And that in the meane time he should carry himself peaceably towards and all our people and that he would not bring nor cause to be brought by himself or any other in his name any Damage or grievance to any of our people upon their bodies by treachery assault or any other meanes which may in any manner give way to the infringement disturbance of the peace as in our court before us is fully manifest upon Record Therefore we command you that from compelling the said Tho. Travers to find any securitie for our peace or for any of our people before you or any of you untill after the same 15. Pas you are altogether superseded T. I. fifty James at Westminster the 11. day of July An. c. 18. and now to wit in 8. S. Mich. that same Terme came here the same Thomas in his proper person whereupon the same Thomas by the same Justices here is altogether dismissed and discharged from finding of any other securitie further in this behalfe c. Charles c. To the sheriff of L. greeting A Supersedeas after a Fi. fac ne venditioni exponas whereas of late we did command you that of the goods and Chattles of T. E. late of c. being in your bayliwick you should cause to be levied 161. 5 s. which D. I. in the Court c. had recovered against him for her Damages which she had sustained by reason of a certaine trespasse upon the case by the aforesaid T. to the said D. done whereof he is convicted as by the Record c. it manifestly appeareth And that you should have those moneyes which you had so levied before c. at VVestminster aforesaid such a return to render to the said D. in that behalfe as in that Writ is more fully contayned and you at that day did retorne to the Barons of our said Exchequer at VVestminster aforesaid that you had levied of the goods of the said T. to the value of the summe abovementioned which goods did remaine in youre hands unsold for want of buyers but because the said Writ of Scire facias to you as above directed did unduely issue forth Therefore we command you that from selling of the goods aforesaid or any part thereof by vertue of the said Writ of Scire fac you altogether forbeare as you will answer the contrary at your peril witnesse c Ventre Inspiciendo Entry of a writ de ventre inspiciendo see Bracton fo 69. H and E terms A. 5. H. 3. rot in the common Bench Norff. ss Peter de Meanton hath requested that Muriell who was the wife of VV. de Meanton who maketh her selfe not not to be with child by the same VV. her husband was not with child for this cause maketh herselfe not with child to disinherit the same Pet whereupon at the petition of the same Muriell it was commanded the sheriff that by lawâ—ull women they should make diligent inquiry whether she was with child or not And Inquisition was made and sent to VVestminster but in the interim came she before the Justices of the Bench and offered her selfe and shewed to them that she was with child and this she offered to shew and prayed that it might be seene by the command of the Justices by 14. lawfull gentle women of London to be chosen by the Mayor and sheriffs of London and it seemed to them that she was with Child so that it was said to her that she might goe therein without day untill any one should complaine thereof but afterwards came the same Peter and offered himselfe and again said that she was not pregnant of his brother so that upon his complaint she was againe resummoned and questioned when her husband dyed and at what time he departed from her said that in truth he departed from her upon VVednesday next after the Feast of the holy Trinity and that he died on the day of the Appostles Peter and Paule so that after that same Wednesday she never saw him and Peter acknowledgeth this same said well she was not with child with his brother prayed that she might be committed to custody so that by the counsell of the court she was committed to the Mayor of L. into custody and 4 lawfull gentle-women were assigned to see her often and to keep her But afterwards came the same Peter and shewed that the Terme of bringing forth if she had beene
been held And this they are ready to verifie whereupon c. T 8. Iac. rot 4640. which being read and heard onerari non Vtlary reversed for omitting the second exact between the first and third because he saith that by the retorne aforesaid it evidently appeareth that the said R. was never the second time called upon the said Writ of Exi fac so that the utlawry aforesaid against the said Ric. the second calling of him the said R. upon the Writ aforesaid being omitted was published and had so that the utlawry aforesaid against him the said R. so published and had is void and this c. The utlawrie is reversed Januaii for Januarii Vtlary reversed for omitting the return of the Plu. cap. in the close of the Exigent H 22. Iacobi rot 1404. Ianuaii for Ianuarii H. 7. Iac. rot 3503 utlawry reversed for omitting the retorn of the plu cap. in the close of the Exigent P 10. H. 4. rot 337. One renders himselfe prisoner to the Fleet upon an utlawry And because it appeareth that the exigent was not entred upon record in any other Terme he is discharged of the utlawry and set at large Norff. I. at the suit of D. Veiwe Entry of a writ of view in Formedon in discender and a quashment of the same for a speedier returne thereof then by Law it ought TRin. 8. Iac. roll 485. Wolastone City of Yorke ss It was commanded the sheriffs that without delay they should cause to be had to the Gardian searcher or master of the Scoole and Elemosinary poore of the Hospitall of S. Iohn the Baptist in K. R. the view of one Mesuage with the appurtenances in the parish of Arpon the pavement which William Lister in the court here claimeth against them as his right by writ of the Lord the King de forma donationis in discendere and that it should be said to 4. Knights who should be present at that view That they should be here at this day to wit in Cr. Trin. to testifie the said view And that they should have here the names of the Knights and that writ and now here at this day came aswell the said W. L as the Gardian c. by their attorneys aforesaid and upon this Writ of view is quashed because it appeareth here that the said writ is vitious to wit in this that it issued forth retornable here on the said morrow of the holy Trinity where it ought by due course of Law to have beene made retornable here tres Trin. because the plea aforesaid had his last continuance untill Oct. Pur. Beat. Mariae last past Therefore at the petition of the demandant A new writ of view awarded and by the consent of the attorny of the said Guardion c. let another writ thereupon be made in Form as aforesaid retornable here in Cr. Anim. And in the meane while c. at which day here came the parties c. by their attornies and the sheriff sent not the Writ Therefore let another Writ thereof be made in Form aforesaid retornable here tres Pas the same day is given to the same W. L here c. TRin. 11. Iac. roll 3388. Goldesburgh Ebor. ss The sheriff was commanded that he should attach William Denton so that he might have him here at such a day to answer W. H. Gent. one of the attornies Entry of a baile taken upon an attachment of Priviledge in an action of debt c. according to the liberties and priviledges c. of a plea of debt c. and now here at this day came aswell the said W. H. in his proper person as the said W. D. in his proper person under the custody of the sheriff of the county aforesaid by vertue of the Writ aforesaid here brought to the bar And hereupon such a day that same Term before Peter W. Knight one of the Justices of the said Lord the King c. at his chamber in Chancery-lane London came the said W. D. in his proper person under the custody of the sheriff of the county aforesaid And hereupon one R. W. of Cliffords Inne London being present in his proper person before the said Justices undertooke for the said W. D. H 8. b. 8 rot 1. an appearance entred upon an attachment upon an information in the summe of 20 l. and the said William D. assumed for him selfe in the summe of 40 l. to have the body of the said W. D. here in court from day to day at every day of pleading untill the plea be determined and judgment be thereupon given and also if it happen judgment in the same plea to be adjudged for the same W. Hamp against the said W. Denton would satisfie or render his body in execution to the prison of the said Lord the King of the Eleet upon that judgment which said sum of 20 l. the said R. acknowledged to be made out of his lands and chattles and which said summe of 40 l. the said Will. Denton acknowledged Recognizance enrolled c. as in others which said recognizance the said Justice with his owne hands delivered here in Court that same Terme to be inroled upon record T 28. H. 8. rot 328. View View was granted in a Writ de consuetudinibus and Servitiis M 2. and 3. P and M. rot 315. Norff. ss Alias writ of view awarded where the Sheriff retu ned upon the first writ of view that none of the Demandants would shew him the lands It was commanded the sheriff that justly c. he cause to be had to T. K. Knight the view of the mannors of B. B with the appurtenances which Geo. O. Esq in the Court of the Lord the King and the Lady the Queen here claymeth against him by Writ of the said Lady the Queene de ingru in le per And that he should say to 4. Knights who would be present at that view that they should be here at this day to wit tres Mich. to testifie the said view And now here at this day came aswell the said G. by I. C. his attorney as the said T. by P. P. his attorney And the sheriff to wit I. S now retorneth that none on the part of the said demandant came to shew the said sheriff the Mannors aforesaid and for that default he could by no meanes execute the execution and command of that Writ As that Writ in it selfe doth exact and require Therefore as before let the said Thomas have view of the Mannors aforesaid with the appurtenances the same day is given aswell to the said George as to the said Thomas here c. in Cr. Pur. and in the meane time c. THat the view ought to be examined in an assize and Wast and that there ought to be 6. Nota. Recognitors to have the veiw and that 4. of them be hundreders c. Venire Facias P 3. and 4. P. and M. rot 126. Whotly
rot 3157. Brownlow Entry of an Habeas corpus cum causa for B the Sheriff returned that he was detained by vertue of a certain Warrant c. And that he had brought his body c. Pro ut pro breve c. whereupon the said I is committed to the prison of the Lord the King of the Fleet Ib. remans quousque c. M 9. and 10. Eliz. Rot. 1667. London Nota. one Thomas L. one of the Attornies c. was committed to the Fleet upon a warrant from the High Commissioners And one cause of his commitment was expressed in the warrant and the Justices granted him a Writ of Priviledg because he was an atorney with a Corpus cum causa directed to the wardens of the Fleet who returned the warrant in haec verba c. wereupon his body being brought to the bar he was allowed his priviledg and discharged from prison Inquiry H 41. Eliz. Rot 1119 Bark ss Entry of a Writ of inquiry of better issues directed to the Justices of Assises upon a Writ De Distring Balliv Burgeness upon a Cepi corpus by them returned upon a Testat in debt against the late Sheriff for finding petty issues upon return of a Distringas T 6 H 6. Rot. 303. Sil. M 24. H 6. Rot â—09 Issues six shillings eight pence West 2. cap 40. Alias Distringas awarded P 8. H 6. Rot 113 Amercement against the return of the Sheriff upon a Distringas Jur. T 23 H 6. scil upon a Rescous P 226. Rot 2 the like Writ awarded to the Coroners to enquire de quantis exitibus quere quia non est lex Plur. Distringas It was commanded the sheriff that he should distrain the Mayor Baylifes and Burgesses of the Borrough of Abington in the County aforesaid by all their Lands c And that of the issue c. so that he should have here in Osto Mich. last past the body of F. E. late of c. whom the same Mayor and Burgesses late took as c To answer R.B. of a plea that he render unto him 10 l. which to him he oweth and unjustly detaineth c. At which day here came the said R. by I. D. his attorney and offered hmiselfe the fourth day against the same F. in the same plea and he came not c. And C. L. then sheriff of the said county of Berk then here retorned that the said Mayor Bayliffes and Burgesses were distrained by their chattels to the value of 6 s 8 d. And that the said Mayor B. and B. were bayled by I. D and R. R Therefore they in mercy c. And as before it is commanded the sheriff that he should distraine them by all their lands c. And that of the issues c. so that should have here at this day to wit in Oct. S. Hill the body of the said F which the same Mayor B and B of late took c. As c. To answer the said R B. in the plea aforesaid and now here at this day to wit at the said Oct. S. Hilli came the same R by his attorny aforesaid and offered himself the 4 th day against the said F. in the plea aforesaid and he came not And the sheriff did nothing therein nor sent the writ thereof as more times It is commanded the Sheriff that he destrain them by all their lands c. And that of the issues c. so that they may have here 15. Pas the body of the said F who the same M B. and B. of late took as c. to answer the said R in the plea aforesaid And thereupon it is testified in the court of the Lady the Queen here on the behalf of the said R. that the said C. L. late sheriff after the said writ of distresse was first delivered to him of greater issue to wit of 100 l. the lands and Tenements of the said Mayor Bayliffes Burg. in his bayliwick to the Lady the Queen might have answered Averment of the party aginst the sheriff or retorning the petty issues upon â—he first w it of distress after the al 's and plur distr wee reenter upon the Roll. Therefore it is commanded to the Justices of the said Lady the Queen assigned to take the assizâ—s in the county aforesaid that by the oath of honest and lawfull men of the County aforesaid in the presence of the said sheriff if he will be present they diligently inquire of what and how much issues the said sheriff of the issues of the lands and Chattles of the said Mayor B and B. of Abingdon aforesaid in his bayliwick from the time in which the said writ of distresse was delivered unto him untill the said Oct. S. Mich. could have answered to the said Lady the Queen and the inqâ—isition which c. they make knowne here 15 Pas by their letters sealed c. See the old book of entries in the title of issues retorned 1. 2. and 4. for such a Writ and entry And for a Writ awarded to the Justices of Assize see the statute of Westminster the 2. Cap. 40. A djudged to the Justices at the assize to inquire of what issuâ—s the sheriff could answer T 9. lac Rot. 3623. Brownlow Wigor ss It was commanded the sheriff that he should distraine R. G. Knight late sheriffe of the county aforesaid by all his Lands c. So that he should have here at this day to Wit in C S. Trinitatis the body of R. Y. late of C. in the county aforesaid Yomam which he took by the precept of the Lord the King now And detayneth by him as the said sheriff to the Justices of the said Lord the King here to wit at Westminster 15. Pas An. R nunc Angl. 8. retorned to answer to M. F. widow of a plea that he should render unto her 20 l. which to her he oweth and unjustly detayneth c. And to heare his judgment of more defaults c. And now here at this day came the said Mary by I. F. her attorney and the sheriff now retorneth that the said R. G. is distrained by his chattles to the value of 40 s. and bayled by I. D. and R. R Therefore they in mercy Amercement that the sheriff can answer the King of greater Issues c. And here upon it si testified in the court of the King here on the behalf of the said Mary that the said now sheriff of greater issue to wit of 20 l to the said Lord the King could answer therefore it is commanded to the Justices of the Lord the King assigned to take the assizes in the county of Worcest that by the oath of honest and lawfull men of the county aforesaid in the presence of the said sheriff if he will be present Note that the statute saith die impetr Br. they diligently inquire of what and how much issues of the lands and Chattells of the said R. G. the said
Sancti Tri. then next following Adjâ—uâ—ment of the Terme to answer as well to the said Lady the Queen of the contempt c. as to the said M. of Damages and injuries to her in this behalfe done before which said Octob. S. Trin. the plaint aforesaid was adjourned by writ of the said Lady the Queen De C. adjornamento from the said Castle of Herford unto Westminster aforesaid Plaintiff and Defendants appear by Attornyes And now here to wit at Westminster aforesaid at the same day to wit at the said 8. S. Trin. came as well the said M. by T. H. her Attorney as the said E. and W. by L. S. their Attorney and hereupon the said M. declaring against the said E. and W. in the plaint aforesayd complaineth that the said E. and W. the twenty fourth day of June Anno 4. Eliz at O in a certaine place called B took the said Oxe of the said M. price eight pounds Count in replevin for cattell and the value c. and that the Defendant may gage deliverance and him unjustly detained against sureties and pledges c. whereupon she said that c. damages twenty pounds and thereupon bringeth suit c. and prayeth that the said E. and W. may gage deliverance of the Oxe aforesaid and the sayd E. and W. pray license to imparle here untill 8 Mich. and have it c. the same day is given to the said M. here c. And now here at this day to wit 8 Mich. came as well the said M as the said E and VV. by their Attornyes aforesaid Nil dicit A writ to enquire of damages for taking the oxe awarded Quere if it ought not to be also of the value c. and nothing in Bar or preclusion of the Action c. as in others untill without defence for which the said M her Damages by occasion of the taking and unjust detaining of the Oxe aforesaid against the said E. and VV. ought to recover but because it is not known what Damages the sayd M. sustained by occasion of the taking and unjust detaining of the Oxe aforesaid the Sheriff is commanded that by the oath of honest and lawfull men of the County aforesaid he diligently enquire what Damages the said M. sustained as well by occasion of the premisses as for her costs and charges by her about her suit in this behalfe layd out and the Inquisition which c. The Sheriff make appear here in 8 Hill under his seal and seales c. Entry of a plur repleg A. B. in homine repleg the Sheriff returneth that A is enlarged c. and a. Capias in Withernam of the body of the avowant awarded see F N B fol. 68. agreeth M 32 H. 8. rot 319. Essex ss The Sheriff was commanded as more times that he should replevy A. B. Spinster who E. L. took and taken kept c. or that the same Sheriff should be here at this day to wit in Cro. Ani. to shew wherefore he could not execute the commands of the Lord the King to him so often therein directed at which day the sheriff to wit I. D. Esquire returned that the same A. was enlarged to places to him unknown so that he could not replevy her according to the Tenors of the commands to him therein directed Therefore the Sheriff is commanded that he take the body of E. in Withernam and cause him safely and securely to be kept untill the same A. in forme aforesaid taken may be replevied and if the same Sheriff can replevy the same A. that then the same A shall secure the same sheriff to prosecute her plaint by return of her body if return thereof shall be adjudged then the same sheriff put by sureties and safe pledges the same E. that he be here 15. Hillarii to answer to the said A. of the taking and unjust detaining of the same A and as well to the Lord the King of the contempt as to the said A. of the Damages and Injuries to her in this behalfe offered and in as much c. the same sheriff should make appeare here at the same Terme c M 7 and 8 Eliz. rot 1729. Fylmer London ss Entry of a writ of plur Repl. See M. 7 8 El. rot 245 pl. 67. Dyer this case reported H 12 H 6 rot 316. It was commanded the sheriffs whereas of late more times the Lord the King had commanded the same sheriffs that justly and without delay they should cause to be replevied to William Hurst all the goods and chattells which Richard Millers Knight N.W. and I.S. took and unjustly detained or would signifie the cause to the said Lady the Queene wherefore they would not execute her command otherwise to the same sheriffs therein directed or that they could not and the same sheriffs contemning the commands of the said Lady the Queen to the same William have not replevied his goods and chattells aforesaid or at leastwise hitherto have not regarded to signifie to the said Lady the Queene the cause wherefore they would not or could not do the same in manifest contempt of the said Lady the Queen now and her commands aforesaid and the immoderate Damage and greivance of the said William wherewith the Lady the Queen is very much injured and moved Return thereof Custome of the City of Lond. that when any goods are distrained within the City that they ought to be reâ—levied by plaint within the city before the sheriffs to be levied and not by a writ issuing out of the Chancery Note Dyer fol. 246. That before the statute of Marlebridge cap 21. The Sheriffs by the common Law could not make replevy without a writ that Returne is not made to the said W. of his goods and chattells aforesaid according to the Tenor of the commands of the said Lady the Queen before to them therein directed therefore let the same sheriffs be here at this day to wit in C. A. to shew wherefore they have contemned to execute the commands of the said Lady the Queen so often to them therein directed And now here at this day came the sayd W.H. by T. H. his Attorney and the sheriffs to wit I.R. and I.H. to the Justices here have certified That any Writ of the Lady the Queen to replevy any goods or chattells to the same W.H. besides the Writ aforesaid to the same sheriff or either of them was not delivered and that the City of London is and from the time whereof the memory of man is not to the contrary was an ancient City and that within the same City is had and from the time whereof the memory of man is not to the contrary was had accustomed used and approved that whensoever any Cattell goods or chattells by the Law of the Land were replevyable within any place of the City aforesaid or liberties thereof were taken that then all such cattell goods and chattells ought and were accustomed by
Judgment was given and in that case the Defen after Tryall and a speciall verdict given compounded with the plaintiff by the advise of I. P. Knight cheif Justice of England M 39. and 40. Eliz Rot. 110. ss Otherwise as it appeareth c. as in the Scire Facias and award the Alias Scire Facias Bar upon an Alias Sci fac upon a recognizance of priviledge where one makes default and the other pleads in bar payment of the condemnation at the perill of the Principall against him before the Teste of the first Scire facias Execution awarded against one of the Conuzers by default c. and now here at this day to wit at the said Tres Tri. came aswell the said I. by his Attorney aforesaid As the said S. by I E. his attorney And the said H. the fourth day of the Plea came not but made default And the sheriff as before now returneth that the said H. hath nothing nor is Found c. And hereupon the said I. prayeth execution against the said H. of the said 50 l. by him in Form aforesaid acknowledged to him to be adjudged c. Therefore it is considered that the said I. have execution against the said H. for the said 50 l. by him in Form aforesaid acknowledged by default c. And further the said I. prayeth execution against the said S. of the said 50 l by him in Form aforesaid acknowledged to him to be adjudged c. And the said I. prayeth license thereof to imparl here untill Oct. Mich. And hath it c the same day is given to the said I. here c and now here at this day to wit at the said Oct. S. Mich. came here aswell the same I. as the said S. by their attornies aforesaid And hereupon the same I. as before prayeth execution against the said S. of the said 50 l. by him in Form aforesaid acknowledged to be adjudged him c ANd the said S. saith that the said I ought not to have execution a-against him for the said 50 l. in the Form aforesaid acknowledged Bar that the principall after the recovery and before the Teste of the Sci fac paid to the Conuzee the debt and damages recovered because he saith that the said E after the judgment aforesaid given And before the day of the purchasing of the said first Writ of Scire Facias to wit T. Die and An. paid to the said I the debt damages aforesaid by him against the said E in form aforesaid recovered according to the form and effect of the Recognizance aforesaid And this he is ready to verifie where upon he prayeth Judgment if the same I. ought to have execution against him for the said 50 l. by him in Form aforesaid acknowledged c. Replication that the principall non solint and issue thereupon ANd the said I. saith that he by any thing before alleaged ought not to be repelled from having his execution aforesaid of the said 50 l. against the said S. by him in Form aforesaid acknowledged because he saith that the said E. after the judgment aforesaid given and before the day of purchasing of the said first writ of Scire Facias hath not paid to the same I. the debt and damages aforesaid by the same I. against the said E. in Form aforesaid recovered according to the Form of the Recognizance aforesaid As the said S. hath above allowed and this he prayeth may bee inquired of by the Country And the said S. likewise Therefore 12. c. Entry of a Sci. fac against the Ter-tenants upon a judgment in debt after the death of the Obliger and the judgment by default Recitall of the recovery PAs 38. Eliz Rot. 1854. ss Otherwise as it appeareth in the Term of S. Hillary An. 38 Eliz. Reg. Rot. 511. It is thus contained Midd. ss It is commanded the sheriff whereas H. S. Esquire lately in the court of the Lady the Queen now to wit in the Term of St. Michael An. regni sui 30. and 31. before E A. Knight and his associates of the said Lady the Queen of the Bench here at Westminster by the consideration of the same Court had recovered against I. C late of London Esquire aswell a certaine debt of 19 l. as 7 l. which c. whereof he is convicted as by the record and proceedings in the court of the Queen here remaining manifestly appeareth Execution notwithstanding of the judgment aforesaid yet remayneth undon And the said I. C is dead and dyed seised of divers Lands and Tenements in his Demesne as of Fee as by the information of the said H. the Queen understandeth and because c. that by honest c. he should make known to the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given Suggestion of the death of the Defendant and averment that he died seised of divers lands c. Sci. fac to the Ter-tenants or at any time afterwards That they should be here at this day to wit in Oct. Pur. St. Mariae to shew if any thing c. wherefore the said H. ought to have execution against them of the debt and damages aforesaid of the lands and Tenements afore said according to the Form of the recovery aforesaid and now here at this day came the same H. by F B. his attorney and offered himself the 4th day against the said Tenants of the Lands and Tenements which were of the said I. at the time oft he judgment aforesaid given or at anytime afterwards in the plea aforesa d and they being solemnly called came not and the sheriff now retorneth that there are no lands nor Tenements in his Bayliwick which were of the said I. at the time of the judgment aforesaid given The Sheriff returneth quod milli sunt Tenements A Testat sci fac prayed Corn Testat sci fac awarded to the Ter-tennants in a foraign County or any time afterwards and here upon it is testified in the same court of the Queen here that there are divers lands and Tenements in the county of C. which were of the said I. at the time of the judgment aforesaid given and afterwards whereof he might make and levy the debt and damages aforesaid and prayeth a writ of the Lady the Queen to be directed to the sheriff of Cornwall to premonish the tenants of the lands and Tenements which were of the said I. in Oct. S. Mich. An. 30. and 31. abovesaid which day judgment was thereupon given or at any time afterwards in his Bayliwick that they be here 15. Pas to shew c. And now here at this day to wit the said 15 Pas came the same H. by his attorney aforesaid and offered himself the 4th day against the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given or at any time afterwards in the