the said C.D. by default of the said A. B. And therefore we command you that to the same C. and A. full seisin of the third part aforesaid with the appurtenances to be held by them in severalty by meets and bounds you cause to have and to be assigned and how you shall execute this our command you make appear to our Justices at Westminster from the day of the holy Trinity in 15. dayes and have you there this Writ witnesse c. The Entry of seisin in Dower upon a Grand-Cape by default of the Tennant ss C. D. and A. his wife who was the wife of R. B. by N. M. their Attorney offered themselves the 4. day against A. B. in a Plea of the third part of one message with the appurtenances in S. which the same C. and A. in the Court of the Protector here claim as the Dower of the said A. by a Writ of the Lord Protector of Dower whereof she hath nothing by the Default of the said A. B. c. and he came not and he heretofore made default here to wit in 8. dayes of St. Michael last past after he was Summoned c. so that then the Sheriffe was commanded that he should take the third part aforesaid with the appurtenances into the hand of the Lord Protector and day c. and that he should Summon by good Summoners the aforesaid A. B. that he should be here at this day to wit in the morrow of all Souls to answer the aforesaid C. D. and A. as well of the principal Plea as of the default aforesaid c. And the Sheriffe now doth testifie the day of the taking c. and that he Summoned c. Therefore it is ordered that the aforesaid C. and A. his wife recover their seisin of the third part aforesaid with the appurtenances against the aforesaid A.B. by default c. and the aforesaid A.B. be in mercy c. A return of a Grand-Cape ss By virtue of this Writ to me directed I have the 10. day of May in the year within written taken into the hand of the Lord Protector the third part of the Tenements within specified with the appurtenances by the view of J.T. R.H. lawfull men of my County as within to me is commanded Summoners of the within written A.B. Jo. Roo Rich. Roo Respons T.M. militis vic A Writ to enquire of Wast ss Oliver c. Greeting whereas lately we commanded you that you should distrain A.B. by all his Lands Cattles in your bayly-week so that neither he nor any for him should lay hands thereupon untill you should receive further command from us that of the profits thereof you should answer us so that you might have his body before our Justices at Westminster in eight dayes of St. Michael to answer C. D. in a Plea wherefore whereas by the Common Council of our Common-wealth of England it is provided that it shall not be lawful for any one to make wast sale or destruction of Lands Houses Woods or Gardens to him demised for Term of life or years the same A. B. of the Houses Woods and Gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste sale and destruction to the disheriting of the said C. and against the form of the aforesaid provisor the same A. in our said Court at that day made default so that by a Statute in this like case provided it was ordered in our said Court that in your proper person you should go unto the Tenements aforesaid wasted to wit unto one messuage and ten Acres of Wood with the appurtenances in T. and there you should enquire of the waste done in the same And therefore we command you that in your proper person you go to the Tenements aforesaid wasted before you there you cause to come twelv as well Knights as other free lawfull men of that vicinage by whom the truth of the matter may the better be known and who are not a Kinne to the aforesaid C. and A. and by the Oath of them you diligently enquire what wast what sale and destruction the aforesaid A. hath made in the Tenements aforesaid to wit by suffering in the message aforesaid one Hall of the price of a hundred shillings and one Barn of the price of 10. l. to stand and to be uncovered whereby the sound Timber of the same houses by the rainy tempests upon them falling become rotten and corrupt and the houses by reason of the corruption of that Timber are endangered with ruin by cutting down also burning in the wood there ten Oaks of the price of every of them xx d. and in the Garden there 40. Pear Trees of the price of every of them xii d. to the disheriting of the aforesaid C. D. and against the form of the provisoe aforesaid the inquisition which thereupon you shall make you certifie to our Justices at Westminster in the morrow of all Souls under your Seal and the Seals of them by whose Oath you shall make that inquisition and have you there the names of them by whose Oath you shall make the inquisition and this Writ witnesse c. The Entry of the Writ aforesaid ss C. D. By his Attorney offered himself the fourth day against A. B. in a Plea wherefore whereas by the Common Council of the Common-wealth of the Lord Protector of England it is provided that it may not be lawfull for any one to make waste sale or destruction of lands houses woods or gardens to him demised for term of life or years the same A. B. of the houses woods and gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste sale and destruction to the disheriting of the said C. D. and against the form of the proviso aforesaid and he came not and the Sheriffe was commanded that he should distrain him c. and the Sheriffe returned that he is distrained by Cattle to the value of ten shillings and is main-prised by S. and N. therefore they are in mercy c. and hereupon the said C. D. saith that he the first day of April in the year of our 1652. at T. demised to the aforesaid A. B. one messuage ten Acres of Wood and one Garden with the appurtenances in T. for term of his life the same A.B. made waste sale and destructiō in the messuage Wood and Garden aforesaid to wit by suffering in the messuage aforesaid one Hall of the price of 10. l. and one Barn of the price of 10. l. to stand and to be uncovered whereby the sound Timber of the same Houses by rainy Tempests upon them falling becometh rotten and corrupt and the Houses by reason of the corruption of that Timber are endangered with ruin by cutting down also and burning in the Wood aforesaid ten Oaks of the price of every of them xx d. and in the Garden aforesaid 40.
Easter in 15. dayes to shew wherefore the aforesaid commands of the said Lord Protector so often to him thereof directed he contemned to execute now here at this day came the aforesaid T. D. by J. N. his Attorney and the Sheriff returned that long before the coming of the Writ aforesaid of the Lord Protector to him thereof directed the aforesaid R. M. esloined the Cattle aforesaid to places to him unknown out of his Bayly-week so that the same Cattle to the aforesaid T. D. he could not replevy according to the Tenor of the Writs aforesaid and for that the Lord Protector willeth to withstand so great an injury if it shall be committed and that which is just to be done to the aforesaid T. D. Therefore the Sheriffe is commanded that if the same T. D. shall secure the said Sheriffe for prosecuting his Plaint also for returning the Cattle aforesaid if return thereof shall be adjudged that then he put under security and safe pledges the aforesaid R. M. that he be here in 8. dayes of the holy Trinity to answer the aforesaid T. D. of the damages and wrongs to him in this behalf done in the mean time to the same T. his Cattle aforesaid without delay he cause to be replevied if he can and if he cannot then of the Cattle of the aforesaid R. M. he take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the aforesaid T. without delay he deliver by him to be detained untill to him his Cattle aforesaid he can replevy c. A Writ of Adjournement made by the Filicer Oliver c. Greeting we command you that all and every our Writs Bills and precepts to you delivered or to be delivered before our Justices at Westminster in three weeks of St. Michael in the moneth of St. Michael and the morrow of all Souls next to come or in the mean time from the aforesaid three weeks unto any day returnable in your custody you retain and them have before our Justices at Westminster in the morrow of St. Martin next to come together with the Executions of the same and this Writ that our said Justices for the prosecution of the parties then may cause to be done that which of right and according to the Law and Custom of our Common-wealth of England ought to be done and in your next County thenceforth to be holden you cause publickly to be proclaimed that the parties in the same Writs Bills and Precepts their dayes before our said Justices in the aforesaid morrow of St. Martin observe witnesse c. The return of the Writ By virtue of this Writ to me directed all the Writs Bills and Precepts whereof within mention is made in my custody I have retained them I have before the Justices within written in the morrow of St. Martin within specified together with the Executions of the same and also at my County holden at G. in my County the day and year within written which said County was my next County after the within written tenth day of October I caused to be proclaimed that the parties in the Writs Bills and Precepts within specified their dayes before the Justices within written in the aforesaid morrow of St. Martin they observe as within â—o me is commanded C.D. Knight Sheriffe The Entry of a Non Process in a Writ of second deliverance ss The Sheriffe was commanded that if T. H. would secure him for prosecuting his Plaint and also for the returning of the Cattle which to C. T. in the Court of the Lord Protector here were adjudged by default of the said T. H. or for the price of the same if return thereof should be adjudged then to the same T. his Cattle aforesaid without delay he should cause to be delivered and should put under security and safe pledges the aforesaid C. T. that he might be here at this day to wit in 8. dayes of St. Hillary to answer the aforesaid T. H. of the taking of the Cattle aforesaid And now here at this day came the aforesaid C. T. by W.O. his Attorney and offered himself the 4th day against the aforesaid T. H. in the Plea aforesaid and he being solemnely exacted came not and was Plaintiffe and the Sheriff returned that the same C. T. found to the same Sheriffe pledges of prosecuting of haveing return to wit I. K. and K. O. and that the aforesaid C. T. is attached by pledges J.O. and A.B. Therefore it is ordered that the aforesaid T.H. and his pledges of prosecuting be in mercy c. and that the aforesaid C. T. go thence without day c. and that he have return of the Cattle aforesaid to be detained by him irrepledgeable for ever enquire the names of the pledges c. and how c. the Sheriffe make appear here in 8. dayes of the Purification of the blessed Virgin Mary c. A Writ of Distr against one and a Distr after Esloin against another in a Quare impedit ss Oliver c. Greeting we command you that you distrain Philip Champernon Esq Sheriff of the County aforesaid by all his Lands c. to answer William Kirkham Esq in a Plea that he together with Peter Maynwaren Clark permit the said William to present a fit person unto the Parish Church of the blessed Marie of Upton Pyne which is void and belongeth to his Donation as he saith and to hear his judgement for many defaults we also command you that you distrain the aforesaid Peter M. by all his Lands c. as above so that you have his body before our said Justices at Westminster at the aforesaid Term to answer the aforesaid W. together with the aforesaid Philip in the Plea aforesaid to shew wherefore he kept not the day to him given by his Esloin in our Court before our Justices at Westwinster in 8. dayes of St. Martine after he was attached and to hear his Judgement for many defaults and have you there c. T. c. The Entry thereof ss William Kirkham Esq by his Attorney offered himself the fourth day against P. C. Esq Sheriff of the County aforesaid and P.M. Clark in a Plea that they permit the said William to present a fit person to the Church of St. Marie of R. Upton Pyne which is void and belongeth to his Donation c. and they came not and the Coronor was commanded that he should attach the aforesaid Philip and the Cororonor returned that he is attached by Pledges R. O. and C. D. therefore they are in mercy c. and the aforesaid Peter had thence day given him by his Esloin here even to this day to wit in eight dayes of St. Martine after he was attached c. therefore let the same Philip and P. be distrained that they be here in eight dayes of St. Hillary c. A Pone after an Esloin and a Distr in one Writ in a quare impedit ss Oliver c.
coming of the aforesaid Writ the Cattle aforesaid were esloigned to places to him unknown by the aforesaid H. so that them to the aforesaid R. he could not return as by that Writ it was commanded whereupon the said Sheriff of Devon we commanded that of the Cattle of the aforesaid H. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid R. he should deliver to be detained untill the aforesaid Cattle first taken to the said R. he could return and that he should put under security and safe pledges the aforesaid H. that he should be before our said Justices at Westminster from the day of St. Michael in 15. dayes then next following to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done the same Sheriffe of Devon to our Justices at Westminster at that day returned that the aforesaid H. had no Cattle in his Bayly-wick which in VVithernam he could take that them to the aforesaid R. he might return as by that Writ he was commanded and that the aforesaid H. had nothing in his Bayly-wick whereby he might be attached whereupon by our Writ the said Sheriffe of Devon we commanded that he should take the aforesaid H. if he might be found in his Bayly-week and him safely should keep so that he might have his body before our Justices at VVestminster in 8. dayes of St. Martin last past to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done at which day the said Sheriffe of Devon to our Justices at Westminster returned that the aforesaid H. was not found in his Bayly-wick whereas it is witnessed in our said Court that the said H. doth lurk wander and lye hid in your County and therefore we command you that you take the aforesaid H. if he shall be found in your Bayly-wick and him safely keep so that you have his body before our Justices at Westminster in 8. dayes of St. Hillary to answer as well us for the contempt to us as the aforesaid R. for the damages and injuries to him in this behalf done and have you there this Writ c. The Entry of the Capias in Withernam where the Sheriffe returns a Rescue upon the same Writ It was commanded to the Sheriffe whereas L. S. was Summoned to be in the Court of the Lord Protector here to answer W.W. in a Plea wherefore he took the Cattle of the said W. them unjustly detained against security and pledges c. the said W. afterward in our said Court made default for which it was ordered there that he and his pledges of prosecuting should be in mercy and that the aforesaid L. should go thence without day and that he should have return of the Cattle aforesaid whereupon the Lord Protector by his Writ the said Sheriffe commanded that those Cattle to the aforesaid L. he should cause to be returned and them at the Plaint of the aforesaid W. he should not deliver without the VVrit of the said Lord Protector which of the aforesaid judgement expresse mention should make and how c. the Sheriffe should make appear here in eight dayes of St. Hillary last past and the same Sheriffe to the Justices here at that day returned that before the coming of the Writ aforesaid the Cattle aforesaid were esloigned unto places to him unknown by the aforesaid W. so that them to the aforesaid L. he could not return as by that Writ it was commanded whereupon the said Lord Protector to the Sheriffe of the said County commanded that of the Cattle of the aforesaid W. to the value of the aforesaid Cattle first taken in Withernam he should take and them to the aforesaid L. he should deliver to be detained untill the aforesaid Cattle first taken he could return and that he should put under security and safe pledges the aforesaid W. that he might be here at this day to wit from the day of Easter in 15. dayes to answer as well the Lord Protector for the contempt to the same Lord Protector as the aforesaid L. for the damages and injuries to him in this behalf done c. and now here at this day came the aforesaid L. by R. P. his Attorney and the Sheriffe to wit J. F. Esq now returned that he by virtue of that Writ made his certain Warrant with his seal sealed to one J. H. that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam he should take and them to the aforesaid L. he should deliver to be detained untill the Cattle aforesaid first taken he might return according to the express command of the said Writ and by virtue of the Warrant aforesaid the said J. H. the Cattle of the aforesaid W. in Withernam did take and them to the aforesaid L. would have delivered but there came the aforesaid W. the 10. day of May last past with many other unknown persons arrayed in warlike manner and the aforesaid Cattle at Baunton in the County aforesaid from the custody of the aforesaid J. H. his Bayliffe took and lead away and upon the aforesaid Bayliffe of the said Sheriffe then and there made an assault and him would have killed except he had suffered his said Cattle to escape and so for fear of his death he suffered them to escape to the aforesaid W. and those Cattle for the cause aforesaid he could not deliver as by the Writ aforesaid to him it was commanded and further the said Sheriffe to our Justices here certified that after the aforesaid tenth day of May the said VV. had no Cattle within his Bayly-wick which any wise in VVithernam he could take according to the form of the aforesaid Writ and that the said VV. had nothing in the Bayly-wick of the said Sheriff whereby he might be attached c. therefore to the Sheriffe is commanded that he do take the aforesaid VV. if c. and safely c. so that he may have his body here from the day of St. Michael in xv dayes to answer as well the Lord Protector for the contempt to the said Lord Protector as the aforesaid L. for the damages and injuries to him in this behalf done c. A Distr and a Duces Tecum in one Writ Oliver c. To the Sheriffe Greeting we command you that you distrain J.H. late of c. as in another Distr to answer R. B. in a Plea that he render to him one hundred shillings which to him he oweth and unjustly detaineth as he saith and to hear his judgement for many defaults we command you also that you have before our Justices at Westminster at the aforesaid Term the body of W. D. late of T. c. whom by our command you have taken and in your custody you detain being sick in prison as
said to hear his judgement for many defaults and whereupon your self did formerly return to our Justices at Westminster that the aforesaid D. in the time of the aforesaid G.S. was taken which said G. the body of the aforesaid D. to you did not deliver nor in our prison under your Custody he is nor ever was and have you there this Writ T. c. The entre of a Magnum Cape in Dower Ret. Crast animarum and per non mi sit bre Magnum Cape ret 8. Hil. and thereupon a nolle prosequi ss Elizabeth Dalby Widow who was the wife of William Dalby Gentleman by her Atorney offered herself the 4th day against Lionel Dalby Gent. in a Plea of the third part of one messuage one Garden thirty Acres of Land twenty Acres of Meadow thirty Acres of Pasture twenty Acres of Marsh and ninety Acres of Wood with the appurtenances in Tottenham High-Crosse and Edolneton otherwise Edmonton which the said Elizabeth in the Court of the Lord Protector here claimeth as her Dower by the endowment of the aforesaid William heretofore her husband against him by the Writ of the Lord Protector of Dower whereof she hath nothing c. and he came not and he was Summoned c. judgement that the third part aforesaid with the appurtenances be taken into the hand of the Lord Protector and day c. and that the aforesaid Lionel be Summoned that he be here in the morrow of All Souls c. at which day here came the aforesaid Elizabeth by her Attorney aforesaid and the Sheriffe hath not returned the Writ therefore let the Tenements aforesaid with the appurtenances as before be taken into the hand of the Lord Protector c. and the aforesaid Lionel as before be Summoned that he be here in eight dayes of St. Hillary c. before which said 8. dayes of St. Hillary to wit the 15. day of November in that same Term came here in Court the aforesaid Elizabeth by Edward Lodesham her Attorney and acknowledged here in Court that she will not prosecute against the aforesaid Lionel in the Plea nolle prosequi aforesaid but further therein to prosecute against the aforesaid Lionel wholy desisteth and refuseth therefore let no further Processe nor any thing else thereof be made against the aforesaid Lionel c. Ro. 783. The Entry of a Capias alias Cap. and Plures Capias against one that was before the Plur. was returned imprisoned in the Fleet now before you can have the benefit of your Plures Cap. to outlaw him c. you must have a Habeas Corpus against him and have the Cap. Al. and Plur. Cap. and Habeas Corp. entered ready to be produced in Court ss Henry Sackford Esq by his Attorney offered himself the fourth day against Thomas Philips late of c. in a Plea wherefore whereas c. to the damage of the said Henry of c. and he came not c. therefore let him be taken that he be here in the morow of All Souls c. at which day c. therefore as heretofore let him be taken that he be here from the day of S. Martin in fifteen dayes c. at which day c. therefore as often times let him be taken that he be here in eight dayes of St. Hillarie c. and the aforesaid Thomas on Wednesday next after eight dayes of St. Martine in that same Term by the Warden of the Fleet by virtue of a Writ of the Lord Protector of Habeas Corpus being brought to the Bar here and spoken to whether he would appear yea or no said that he would not therefore let him be taken and exacted c. A Pone in a Quare impedit at the Suit of the Lord Protector Oliver c. To the Sheriffe of L. Greeting put under security and safe pledges John Arch Bishop of C. and T. C. Clerk that they be before our Justices at Westminster in eight dayes of St. Michael to answer us in a Plea that they permit us to present a fit person to the Church of St. S. near G. which is void and unto our donation belongeth and to shew wherefore they kept not the dayes to them given by their Essoigns in our Court before our Justices at Westminster to wit the aforesaid Arch-Bishop in the morrow of the holy Trinity and the aforesaid T. from the day of the holy Trinity in three weeks last past after they were Summoned and have you there this Writ T. c. The Entry of the Writ aforesaid upon which the Arch-Bishop was esloined and the Clark had the same dayes and afterward the Clark was esloigned and the Arch-Bishop had the same dayes ss E. C. Esq Attorney General of the Lord Protector who for the same Lord Protector prosecutes in his proper person offered himself the fourth day against J. Arch Bishop of C. and T. C. Clark in a Plea that they permit the said Lord Protector to present a fit person unto the Church of St. J. near G. which is void and unto the said Lord Protectors donation belongeth c. and they came not they had thereof day to wit the aforesaid Arch-Bishop his esloigne hereunto this day to wit in the morrow of the holy Trinity c. the same day is given to the aforesaid T. here c. the aforesaid T. had thereof day by his esloigne here unto this day to wit from the day of the holy Trinity in three weeks c. the same day is given to the aforesaid Arch-Bish here c. after they were Summoned c. judgement that they be attached that they may be here in eight dayes of St. Michael c. An Alias Summons in Dower Oliver c. To the Sheriffe of C. Greeting we command you as heretofore we have commanded you that you Summon by good Summoners Theophilus â—uckworth Gentl. that he be before our Justices at Westminster from the day of Easter in 15. days to answer John Pain Grace his Wife in a Plea that he render to the said John Grace the reasonable dower of the said Grace which happeneth to her of the Free-hold which was of Thomas Palmer heretofore her husband in Elm whereof she hath nothing as it is said and whereof your self returned to our Justices at Westminster in eight dayes of St. Hillary last past that the aforesaid John and Grace found you pledges for prosecuting their Writ to wit John Doo and Richard Roo that the aforesaid Theophilus was summoned by Thomas Love Thomas Estman John Cook and Thomas Day and that by virtue of the Writ aforesaid to you lately directed upon the Lords day being the 16. day of January last past at the most usual dore of the Church of Elme aforesaid immediately after Divine service no prayer in the same Church being you caused the Summons aforesaid to be proclaimed according to the form of the Statute in such case lately made and provided and have you there the
Summoners and this Writ T. c. The Entry thereof ss The Sheriff was commanded that he should Summon by good Summoners Theophilus Buckworth Gentl. that he might be here at this day to wit in 8. dayes of St. Hillary to answer John Pain and Grace his wife in a Plea that he render to them the reasonable Dower of the said Grace which hapned to her of the Free-hold which was of Thomas Palmer heretofore her husband in Elm whereof she hath nothing c. and now here at this day came the aforesaid John and Grace by their Attorney and the Sheriffe to wit Anthony Cage Esq returneth that the aforesaid John and Grace have found to the same Sheriff pledges for prosecuteing the Writ aforesaid to wit John Doo and Richard Roo that the aforesaid Thephilus was Summoned to be then here by Thomas Love Thomas Estman John Cook and Thomas Day and that he by virtue of that Writ to him directed upon the Lords day being the 16. day of January last past at the most usual Dore of the Church of Elme immediately after Divine service no Prayer in the same Church being caused the Summons aforesaid to be proclaimed according to the form of the Statute in such case made provided and for that Proclamation of the Summons aforesaid was not made by the space of 14. dayes before the return of the Writ aforesaid as by the form of the statute aforesaid it should have been done as by the return aforesaid fully appeareth therefore as heretofore the Sheriff is commanded that he Summon by good Summoners the aforesaid Theophilus that he be here from the day of Easter in xv dayes to answer the aforesaid John Pain and Grace in the Plea aforesaid c. Or thus you may begin your Entry ss The Sheriff was commanded that if John Pain and Grace his wife had made the said Sheriffe secure for prosecuting their Plaint then he should Summon c. as above Or thus you may make your Writ Oliver c. To the Sheriffe of C. Greeting whereas by our writ we lately commanded that you should command Theophilus B. that justly without delay he should render to J.P. G. his wife the reasonable Dower c. untill as it is said whereupon they complained that the aforesaid Theoph. doth deforce them and unlesse he had done it and the aforesaid J. and G. had made you secure for prosecuting their Plaint then you should Summon by good Summoners the aforesaid Theoph. that he might be before our Justices at Westminster in eight dayes of St. Hillary last past to shew wherefore he had not done it and that you should have there the Summoners and that Writ and you to the said Justices at Westminster at that day returned that as in the Writ of Dower aforesaid The Entry of a Discontinuance ss It is Recorded by the Court the eight day of May in the year of our Lord 1653. that that Plea hath not day of continuance by that Roll further then the aforesaid eight dayes of the Purification of the blessed Marie therefore let the Plea aforesaid at the request of the aforesaid Plaintiffe be discontinued c. A Pone in a Quare impedit Oliver c. To the Sheriffe of H. Greeting put under security and safe Pledges William Bishop of L. and Toby Blaud Clark that they be before our Justices at Westminster in eight dayes of St. Michael to answer Peter Ashton Gentl. in a Plea that they permit him to present a fit person unto the Church of B. which is void and unto his donation belongeth as it is said and to shew wherefore they kept not the day to them given by the esloigne of the aforesaid Tobie in our Court before our Justices at Westminster in the morrow of the holy Trinitie last past after they were Summoned have you there the names of the pledges this writ T. c A Summons and severance in Debt Oliver c. To the Sheriffs of London Greeting we command you that you take R.S. late of L. Gent. otherwise called R.S. de E. in the County of K. Gent. if c. to answer William Berby Henry Matties Executors of the Testament of William Cutting Gent. in a Plea that he render to them three hundred pounds which from them he unjustly detaineth as it is said we also command you that you Summon by good Summoners the aforesaid Henry that he be before our Justices at Westminster at the aforesaid Term to prosecute against the aforesaid R. together with the aforesaid William their Plea aforesaid if he will and have you there the Summoners and this Writ T. c. A Habeas Corpus to the Warden of the Fleet. Oliver c. To the Keeper of our Prison of the Fleet Greeting we command you that the body of R. T. by what name soever he may be thought in our Prison under your custody to be detained as it is said you have before our Justices at Westminster on Thursday next after eight dayes of the holy Trinity next to come to do and receive what our Court shall order of him in this behalf and have you there this Writ T. c. A Pone after an Esloign in a quare impedit Ret. 8. Mich. the Bishop esloigns at xv Pasch and adjourns unto quinque Pasch and then Bland Esloigns and adjourns unto Crast Trin. Oliver c. To the Sheriffe of H. Greeting put under security and safe pledges William Bishop of Lincolne and Tobie Bland Clark so that they be before our Justices at Westminster in eight dayes of St. Michael to answer Peter Aysham Gent. in a Plea that they permit him to present a fit person unto the Church of B. which is void and unto his Donation belongeth as it is said and to shew wherefore the aforesaid Will Bish of L. kept not the day to him given by his Esloigne in our Court before our Justices at Westminster from the day of Easter in 5. weeks last past and wherefore the aforesaid Tobie kept not the day to him given by his Esloign in our Court before our Justices at Westminster in the morrow of the holy Trinity last past after they were Summoned and have you there the name of the pledges and this Writ T. c. The Entry thereof ss Peter Aysham Gent. by his Attorney offered himself the 4th day against Will Bish of L. and Tobie Blaud Clark in a Plea that they permit him to present a fit person unto the Church of B. which is void and to his Donation belongeth c. and they came not and it is known that the aforesaid Bishop had thence day by his Esloigne here to wit untill from the day of Easter in 5. weeks last past and the same day was given to the aforesaid Tobie here c. at which day the aforesaid Tobie had thence day by his Esloigne here even to this day to wit in the morrow of the holy Trinity and the same
day was given to the aforesaid Bish here c. after they were Summoned judgement that they be attached that they may be here in eight dayes of St. Michael c. A Writ of view in a Formedon in Descender Oliver c. To the Sheriffe of Midles Greeting we command you that without delay you cause R. D. to have view of one messuage one Garden one Acre of Meadow and six Acres of Pasture with the appurtenances in K. which T. S. in our Court before our Justices at Westminster claimeth as his right by our Writ of Formedon in Descender against him and speak to four Knights of those that shall be present at that view that they be before our Justices at Westminster in 8. dayes of St. Hillary to testifie that view and have you there the names of the Knights and this writ T. c. The Entry thereof ss T. Smith by A. Garland his Attorney demandeth against R. D. one messuage one Garden one Acre of Meadow and six Acres of Pasture with the appurtenances in K. as his right by the Writ of the Lord Protector of Formedon in Descender c. And the aforesaid R.D. by T. Carter his Attorney cometh and prayeth view of the Tenements aforesaid with the appurtenances and let him have it c. day is given to the parties aforesaid here untill in 8. dayes of St. Hillary and in the mean time c. The Entry of a Test in Debt It was commanded to the Sheriffe that he should take Edward Mausel Kt. of London Yeoman otherwise called Edward Mausel de Danford in Com. North. Yeoman if c. and safely c. so that he might have his body here at this day to wit in 8. dayes of St. Hillary to answer Elizabeth Squier Widdow in a Plea that he render to her thirty pounds which to her he oweth and unjustly detaineth c. and whereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of St. Martine in 15. dayes last past that the aforesaid Edward lurked wandred and lay hid in the County aforesaid and now here at this day came the aforesaid Elizabeth by her Attorney and offered herself the 4th day against the aforesaid Edward of the Plea aforesaid and he came not and the Sheriffe now returneth that he is not found c. therefore as heretofore the Sheriffe is commanded that he take him if c. and safely c. so that he may have his body here from the day of Easter in 15. dayes to answer the aforesaid Elizabeth of the aforesaid Plea c. A Writ of Supersedeas Lo ss Oliver c. whereas by our Writ we lately commanded you that you should take R. M. late of c. if he should be found in your Bayly-wick him safely should keep so that you might have his body before the Justices of the Common-Bench at Westminster at a certain day now past to answer T. B. in a Plea wherefore c. cite the Capias untill you come to as it is said yet because the aforesaid R. M. by J.C. his Attorney in the Court of Common-Bench hath appeared we command you that of the further taking arresting and imprisoning or in any wise molesting the aforesaid R. on the occasion premised you altogether Supersead and if the said R. upon that occasion and no other you have taken or imprisoned then the said R. from the prison wherein he shall so be detained if upon that occasion and no other in the same he is detained without delay you deliver under the danger that will thereon ensue T. c. The Entry of a Habeas Corpus to the Chancelor of the County Pallatine of Lanc. ss It was commanded to the Chancelor of the Lord Protector of his County Pallatine aforesaid or to him that holds his place there that by the Writ of the said Lord Protector under the Seal of the County Pallatine aforesaid duely to be made he should command the Sheriff of the County of Lanc. that he should take Mark Woodrow late of London Draper otherwise called M.W. of Manchester in the County of Lanc. Draper if c. and safely c. so that he might have his body here at this day to wit in the morrow of the Purification of the blessed Virgin Mary to answer Edward Elioes in a Plea that he render to him one hundred shillings which to him he oweth unjustly detaineth c. and hereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of S. Martin in 15. dayes last past that the aforesaid Mark was not found in their Bayly-wick when as it is witnessed in the same Court of the said Lord Protector here that the said Mark lurked wandred and lay hid in the County aforesaid and now here at this day came the aforesaid Edward by his Attorney and offered himself the 4th day against the aforesaid Mark in the Plea aforesaid and he came not and John Fortescue Knight Chancellor of the County Pallatine aforesaid now returneth that he by virtue of the aforesaid Writ of the Lord Protector to him directed by the Writ of the said Lord Protector under Seal c. he commanded the Sheriffe of the County of Lanc. as c. which said Sheriff to him returned that he took the body of the aforesaid Mark whose said body here at this day he hath readie as c. but because the Sheriffe the body of the aforesaid Mark now here hath not therefore he to wit Edmund Crafford Esq is in mercy c. and it is commanded to the aforesaid Chancellour of the said Lord Protector of the County Palatine aforesaid that by the Writ of the said Lord Protector under the Seal c. he cause the Sheriffe of the said County to be commanded that he have here from the day of Easter in 15. dayes the bodie of the aforesaid Mark whom c. to answer the aforesaid Edward in the Plea aforesaid c. The Entry of an Alias Distringas nuper vic ad Habend Corpus ss It was commanded to the Chancellour of the Lord Protector of his County Palatine aforesaid or to him that holdeth his place there that by the writ of the said Lord Protector under the Seal of the Countie Palatine aforesaid duely to be made he should cause to be commanded the Sheriff of the Countie aforesaid that he should distrain Robert Halsall K nt late Sheriffe of the Countie aforesaid predecessor of the now Sheriffe by all his Lands c. and that of the profits c. so that he might have here at this day to wit in the morrow of the Holy Trinity the bodie of O. W. whom c. to answer J. W. in a plea that he render to him xx.l. c. and now here at this day came the aforesaid J. W. by his Attorney and offered himself the 4th day against the aforesaid O. W. in the aforesaid plea and he came
severalty by Meets Bounds without delay you cause to have and furthermore by the Oath of honest and lawfull men in your County you dilligently enquire whether the aforesaid W. M. did die seized of the Tenements aforesaid with the appurtenances in his demeasne as of Fee-simple or Fee-tail and after that by that inquisition you shall so finde it then by their Oath you diligently inquire how much those Tenements with the appurtenances are worth by the year in all profits besides reprizes according to the true value of the same and how much time is elapsed from the time of the death of the aforesaid William and also what damages the aforesaid T.R. and E. have sustained as well by occasion of the detention of the Dower aforesaid as for the costs and charges by them about their suite in this behalf laid out and the inquisition which thereof you shall make under your seal and the seal of them by whose Oath you shall make that inquisition you certifie to our Justices at Westminster from the day of the holy Trinity in three weeks and have you there this Writ T. c. A Writ of Pone in Partition Oliver c. To the Sheriffe Greeting put under security safe pledges W. A. and J. his wife that they may be before our Justices at Westminster c. to answer T. W. and M. his wife in a Plea wherefore whereas T. and M. together undivided do hold one messuage one Garden c. with the appurtenances in Gistingham the same W. and J. partition thereof among them according to the form of the Statute in this case provided to be made do gain-say and it to be done do not permit unjustly and against the form of the Statute aforesaid as it is said and to shew wherefore they were not before our Justices at Westminster from the day of Easter in 15. dayes last past as they were Summoned and have you there the names of the pledges and this Writ c. A Writ of Pone in Warrantia Chartae Oliver c. To the Sheriffe Greeting put under security safe pledges J. R. and T. P. that they be before our Justices at Westminster in the morrow of the holy Trinity to answer J.D. in a Plea that they Warrant to him thirteen Acres of Land with the appurtenances in W. which he holdeth and of them to hold claimeth and of whom he hath his Charter as he saith and to shew wherefore they were not before our Justices at Westminster from the day of Easter in 15. dayes last past as they were Summoned and have you there the names of the pledges and this Writ c. A Writ of Habeas Corpus Oliver c. To the Sheriff Greeting we command you that you have before our Justices at Westminster from the day of St. Michael in 15. dayes the body of W. J. late of c. whom by our command you have taken and in your custody do detain as your self to our Justices at Westminster from the day of the holy Trinity in 15. dayes last past have returned to answer R.S. in a Plea that he render to him fourty shillings which to him he oweth and unjustly detaineth as he saith and have you there this Writ T. c. The Entry thereof ss The Sheriffe was commanded that he should take W. J. late of c. if c. and safely c. so that he might have his body here at this day to wit from the day of the holy Trinity in fifteen dayes to answer R. S. in a Plea that he render to him fourty shillings which to him he oweth and unjustly detaineth c. and now here at this day came the aforesaid R. by W. B. his Attorney and offered himself the 4th day against the aforesaid W. J. in the Plea aforesaid and he came not and the Sheriffe now returneth that he took the body of the aforesaid J. whose said body here at this day he hath ready and because the said Sheriffe the body of the aforesaid J. now here hath not therefore the said Sheriff to wit N.B. Esq is in mercy and is amearced by the Justices here to fourty shillings in mercy xl.s. the same Sheriff is commanded that he have here from the day of St. Michael in 15. dayes the body of the aforesaid J. whom c. to answer the aforesaid R. in the Plea aforesaid c. A Capias pro sine upon a Rescus Oliver c. To the Sheriffe Greeting we command you that you omit not for any liberty of your County but take T. W. late of c. if he shall be found in your Bayly-week and him safely keep so that you may have his body before our Justices at Westminster in eight dayes of St. Michael to answer as well us for certain Trespasses Rescues and Contempts by you before our Justices at Westminster in the morrow of the holy Trinity last past returned as William Game in a Plea that he render to him one hundred shillings which to him he oweth and unjustly detaineth as he saith and have you there this Writ T. c. The Entery thereof ss T.D. Esq Bayliffe of the Liberty of E. in the County aforesaid by his Attorney offered himself the 4th day against T. VV. late of B. in the County aforesaid c. with an alius dictus in a Plea that he together with S. F. late of c. render to him xx l. which to him they owe and unjustly detained c. and he came not and as heretofore the Sheriffe was commanded that he should take him if c. and safely c. so that he might have his body here at this day to wit in the morrow of the holy Trinity c. and the Sheriffe now returneth that he by virtue of the VVrit of the Lord Protector to him thereof directed the third day of June in the year of our Lord 1654. at Marleford in his Bayly-week to wit within the County of Norfolk aforesaid took the body of the aforesaid T. VV. and the said T. in his custody by virtue of the VVrit aforesaid then and there had kept untill afterward to wit the same third day of June in the year of our Lord 1654. aforesaid the same T. VV. of K. in the said County of Norf. haveing gathered together to him very many malefactors and disturbers of the peace of the now Lord Protector with force and arms on the aforesaid Sheriff together with the aforesaid malefactors an assault and affray did make and the aforesaid Sheriffe did beat wound and evil entreat so that of his life it was despaired and the said Thomas and the malefactors the aforesaid Thomas from the custody of the said Sheriffe with force and arms aforesaid took and rescued whereby the said T. at large whether he would against the will of the said Sheriff escaped out against the peace of the said Lord Protector afterward the said Thomas was not to be found in
not and John Fortescue Knight Chancellour of the County Palatine aforesaid now returneth that he by virtue of the Writ aforesaid to him directed by another Writ of the said Lord Protector under the Seal c. he caused the Sheriff of the Countie aforesaid to be commanded as c. which said Sheriffe to wit Edmund Trafford Esq thus answereth that the aforesaid Edward Halsall Knight late Sheriffe is distrained by Cattle to the value of 3 s 4.d and is mainprised by John Doo and Rich. Roo therefore they are in mercie c. and it is commanded to the Chancellour of the County aforesaid that by the Writ of the said Lord Protector under the Seal c. he cause to be commanded to the Sheriffe of the County aforesaid that he distrain the aforesaid Edward Halsall Knight late Sheriffe by all his Lands c. and that of the profits c. so that he have here in the morrow of All Souls the bodie of the aforesaid O. W. whom c. to answer the aforesaid John in the Plea aforesaid c. The form that was used in a Test to the Chancellour of the Court of Lancaster To the Chancellour of our County Palatine of Lancaster or to him that holdeth his place there Greeting we command you that by our Writ under the Seal of the County Palatine aforesaid duly to be made you cause the Sheriffe of the same County to be commanded that he take A. B. c. An Alias Summons in a Quare impedit where the Sheriffe hath returned that the Original Writ was delivered to him too late Oliver To the Sheriffe of Middlesex Greeting we command you that you Summon by good Summoners Richard Bishop of L. David English Clark that they be here before our Justices at Winton in eight dayes of S. Hillary to answer William Freeman in a Plea that they permit the said William to present a fit person to the Vicaridge of the Church of Stebon heath alias Stepney which is void and to his Donation belongeth as he sayeth and whereupon your self hath certified to our Justices at Winton in the morrow of St. Martine last past that our Writ to you formerly thereof directed so late to you was delivered that by reason of the brevity of the time you could not execute it and have you there the names of the Summoners and this Writ T. c. The Entry thereof ss The Sheriff was commanded that he should Summon by good Summoners Rich. Bishop of L. David English Clark that they might be here before the Lord Protector at Westminster in 8. dayes of St. Michael last past to answer William Freeman in a Plea that they permit the said William to present a fit person to the vicarage of the Church of Steban-heath otherwise Stebun-heath otherwise Stepney which is void and to his Donation belongeth c. at which day the Plaint aforesaid was adjourned by the Writ of the said Lord Protector of common adjournement at Westminster aforesaid untill from the day of St. Michael in one moneth then next following at which day the Plaint aforesaid was further adjourned by another Writ of the said Lord Protector of common adjournment from Westminster aforesaid unto the Citie of Winton in the County of Southampton in the morrow of St. Martine then next following and now here to wit at the aforesaid Citie of Winton at the same morrow of St. Martin came the aforesaid William by his Attorney and offered himself the fourth day against the aforesaid Richard and David of the aforesaid Plea and they came not and the Sheriffe now returneth that that Writ was delivered to him so late that by reason of the brevity of the time he could not execute it therefore as heretofore let them be summoned that they may be here in 8. dayes of St. Hillary to answer the aforesaid William in the aforesaid Plea c. The Entry of a Summons in Severance ss E. R. and J. W. Executors of the Testament of VV.M. by their Attorney offered themselves the 4th day against B.N. late of c. in a Plea that he render to them C. s. which from them he unjustly detaineth c. and he came not and the Sheriffe was commanded that he should Summon him c. and the Sheriffe now returneth that he hath nothing c. therefore let him be taken that he may be here in the morrow of All Souls c. and now here at this day came the aforesaid J. VV. by Thomas Bullock his Attorney and offered himself the fourth day against the aforesaid B.N. in the Plea aforesaid the aforesaid E.R. the fourth day of the Plea being solemnely called came not and the Sheriffe was commanded that he should Summon the aforesaid E. R. that he might be here at the aforesaid Term to prosecute against the aforesaid B. N. together with the aforesaid J.W. his Plea aforesaid if c. and hereupon it is ordered in the Court of the Protector here that the aforesaid J.VV. may prosecute alone against the aforesaid B. N. his Plea aforesaid and he came not the Sheriffe was commanded that he should take him if c. and the Sheriffe now returneth that he is not found c. therefore as heretofore let him be taken that he may be here from the day of St. Martin in 15. dayes c. The Entry of a Resort ss Enter your Testatum first then follow at which day here came the aforesaid C.D. by his Attorney and offered himself the fourth day against the aforesaid A.B. in the plea aforesaid and he came not and the Sheriffe now returneth that he is not found c. and hereupon the aforesaid C.D. by his Attorney aforesaid prayeth the Writ of the Lord Protector of taking the aforesaid A. B. to the Sheriffs of London to be directed where his Original Writ first issued out and it is granted to him c. therefore the Sheriffs of London are commanded that they take the aforesaid A. B. if c. and safely c. so that they may have his bodie here from the day of Easter in 15. dayes c. The Entry of a common Appearance L. ss The Sheriffs of the said Citie were commanded that they should take T.S. if c. and him safely keep c. so that they might have his bodie before the Justices of the Common-Bench at VVestminster tali die to answer J. G. in a plea of debt c. and the aforesaid T. by VV. S. his Attorney prayed that his appearance might be recorded by the Court and it is Recorded The Entry of a special Bail L. ss The Sheriffs were commanded that they should have here at this day to wit from the day of St. Martin in 15. dayes the body of a A.E. late of M. in c. whom of late c. to answer unto B. D. in a plea c. now here at this day came as well the said B. as the said A. in his proper person and