Curia comitatus rediviva. Or, The pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. Also an easie and plaine method for the keeping of the court. Attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. With an exact table of all the particulars in the book. By W. Greenwood philomath.

Curia comitatus rediviva. Or, The pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. Also an easie and plaine method for the keeping of the court. Attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. With an exact table of all the particulars in the book. By W. Greenwood philomath.

Table of contents

Title page

To the Reader.

Curia Comitatus. OR The Practique part of the County Court, &c.

Of the originall of Shires, Shiriffs, and the institution of this Court.

The Office of the County Clarke.

The Office of a Coroner in this Court.

Of Atturneys in this Court.

What Actions may be brought in this Court.

Within what time Actions must be brought.

Who may bring actions, and who not.

Of Pledges in this Court.

Of the proceedings in the Court.

Chalenge of Jurors.

The manner of keeping the Court.

Of Distress.

What goods may be taken upon an Execution &c.

Of the Replevin.

Of the nature, and return of those Writs that do remove actions out of this Court into superior Courts.

The nature of a Pone.

The nature of a Writ of false Judgment.

The nature of an Accedeas ad curiam.

The Return of a Writ for the Election of a Coroner, after the death of another.

The Return of the Writ of Exigent.

The Return of the writ of Proclamation.

Of Processe in this Court.

Of the Writ of Justicies.

A Replevin.

A Tolt.

Judiciall Process.

Of a Scire facias.

Scire facias, post diem & annum.

Scire facias against an Executor, after Judgment against the Testator.

Venire facias.

Or thus.

Subpoena, al. dict. a Warrant ad testificand.

A Precept upon a Proclamation.

A Warrant of Atturney. To S D. one of the Atturneys of the County Court, for the County of Y. &c.

A Deputation, for a Bayliff of an Hundred.

The Order of Judges at the Assizes at york, 24 th. day of July, 1654. concerning Essoynes illegally returned into this Court.

Some select Presidents of Declaratins and Pleadings incident and belonging to this Court. Debt.

Executor against an Executor a bill.

Upon a Bill to be paid at the day of marriage, and issue upon it.

The Defendant pleads that he was within age at the time of the making of the Bill.

Replication.

Ʋpon retainder for shooing of horses, &c.

Ʋpon an account.

Money lent by joynt partners for a certain time, and to be payd to the Survivour.

For Rent in arreare.

For Servants wages.

For not setting forth of Tythes.

Upon an award.

For Atturney's Fees.

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For Coales promising to pay so much as they should reasonably be worth.

For a Horse sold warranted to be sound.

For a Horse lent promising to redeliver him, &c.

For Adgysting of beasts.

For curing a wound.

For a Laborours hire.

In consideration that the Plantiff would deliver unto one E. L. certain mercerie wares, if he did not pay for them, the Defendant would.

Slander for calling the Plantiff Thief, &c.

For slanderously calling the Plaintiff Banckrupt.

In consideration that the Plaintiff would marry E R. the Defendant promised to make him worth 200 l.

Trover and Conversion,

Detinue.

Trespas.

For breaking down the Plaintiffs stall, being set up in the market.

For breaking the Plaintiff's close, &c.

For a dog-biting a mare so that she dyed.

For chasing of hoggs with doggs, &c.

For pasturing of sheep in a rotten pasture, by reason whereof they dyed.

For digging and plowing the Plaintiffs ground, and taking away his corne.

For taking away a Post.

Trespass and Assault.

Assault, upon one at under-age.

Ʋpon a Replevin.

Pleadings.

He owes him nothing.

He made no such promise.

Replication.

He made no such promise within six years.

Never Executor.

Fully Administred.

Replication.

Not guilty.

Bar by within-age.

Paymemt upon a bill, and a release produced.

Free-hold.

No action to cause one to render an account, will lie in this Court.

In arrest of Judgment.

Conditions performed.

Replication.

Rejoynder.

Detain he doth not.

Bar by a generall acquittance.

Replication.

Justification of scandalous words.

Tender of amends in Replevin.

Part of the debt paid, The residue tendred before Suit, and refused.

Replication.

Not his Deed.

By threats.

Replic.

By hardnesse of imprisonment.

Replic.

The Assault made by the Plaintiff, &c.

Replic.

The Defendant pleadeth, the Plaintiff within age, to bring his action: And should have brought it by Guardian, and not by Atturney.

THE TABLE.

Declarations.

Courteous Reader, these Books following are to be sold by John Place, at Furnivals Iune Gate in Holborn.

Books sold by William Place, at Grayes Inne gate in Holborne.

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Curia Comitatus Rediviva. OR, THE PRATIQUE PART Of the County-Court revived, Fully demonstrating its antiquity and proceedings from the Originall to Execution, and all manner of actions lying in it.

Also an easie and plaine method for the keeping of the Court. Attachments and Distresses at large explained, Returnes of Writs which do remove suites out of this Court, into superiour Courts, Presidents of Precepts; both Originall and Iudiciall, to which is added some select Presidents of Declarations and Pleadings. With an exact Table of all the particulars in the book.

By W. GREENWOOD [...].

Ipsae etiam leges cupiunt ut jure regantur.

LONDON, Printed for John Place, at Furnivalls Inne gate, and William Place at Grayes Inne gate Holborn, 1657.

To the Reader.

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KIND READER,

Considering the utilitie and profit a peece of this nature would produce to the Countrey, prest me forwards (out of profound and authentick Authors) to demonstrate the antiquitie, justness, and Iurisdiction [Page] of this Court; for the more the Country knows it, and the practice thereof, the more they will love and affect it; ignoti nulla cupido. I cannot comprehend how any one part or theame may be more useful, to and for the Countrey, and consequently more generally expetible and wished for, than the practicall knowledge [Page] of this Court, for who almost is there within its jurisdiction, that is not, or may not sue and be sued in it? so that here they may read and understand how their causes doe proceed, and what; and how far the power & force of every precept, and warrant doth extend, and what the fees are; and that they may, as with a touchstone [Page] try and examin the actions and proceedings of their Atturneys. I must confess my early experience (in this discours) in comparison to some of the more grave and ancient practicers, is but as a drop of water to an overflowing bucket. Therfore if I have omitted any thing in the practice, or comitted any error in the [Page] method, I hope (Juvenilis mea aetas considerata) I shall without difficulty obtain pardon, and that they will (mitissimo aspectu) take it, with all its faults, in good part. And if this conduce to the benefit and advantage of the Country, it is all that is hoped for, and expected by

Your assured friend, W. G.

Curia Comitatus. OR The Practique part of the County Court, &c.

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Of the originall of Shires, Shiriffs, and the institution of this Court.

BEfore I anotomise the practise of this Court, I thought it conven [...]ent to produce it from its originall or prototype, quia origô rerum attendenda. And first, what the word Shire signifies.

Shire, is a Saxon word seyra, and cometh of shiran (id est) partiri [Page] to divide, as sayth Master Lambert in his explication of Saxon words, verb. centur. And Master Cambden in his Britania reporteth, that Alfred (a Saxon) King of England, was the first that divided this Commonwealth into Shires, those Shires into Ridings, and those again into Wapentacks or Hundreds, &c.

The Republique being thus disunited or dissected into Shires, every Shire is entirely governed by one Officer called a Sheriff, or Shireeve, Vice-comes; being compounded of these two Saxon words, scyr, viz. Satrapia, a Shire, & reue, viz. Praefectus a Governour of the Shire. Master Cambden thus describes his Office: Singulis vero annis, nobilis aliquis ex incolis proficitur, quem vice-comitem quasi vicarium comitis & nostra lingua Shireffe, viz. comitatus praepositum vocamus.

Vicount unde.And he is called Vicount, a Vice-comite, which cometh from our Conquerours the Normans, as Sheriff from our Ancestors the Saxons.

The aforesaid King, at the division [Page] of the Kingdom into Shires or Counties,County Court when instituted. instituted this Court called the County Court, and established Jurisdiction in it;Lambert. granting power and authority to the Sheriff to hear and decide such matters as by just cause of appelation (either for Law or Equity) should be brought unto him. This Court of the whole Shire (then called Scirezmove, that is to say, the assembly of the Shire, was then (as also now) holden once every month, upon a day certain, the month being computed according to 28. dayes in the month, and not according to the Calendar. Of its antiquitie and jurisdiction, you may read more recorded in the Statute of Magna Charta. cap. 35. Likewise, it may be searched further in the Laws of Edgar, the Saxon King,Lam. arch. viz. Let no man seek to the King in matter of variance, unless he cannot find right at home: But if it be too heavy for him, then let him seek to the King to have it lightned. The very like whereof in effect is to be seen in the Laws of Canutus the Dane, sometimes [Page] King of this Realm; out of which Laws may be gathered four things: First, that every man had means, and was authorized to sue in this Court, in their own Shire or County; that no man ought to sue out of the County, or to draw his Plea from thence without good cause: both which things do plainly appear in the Letter of this Law. Thirdly, that the King himself had a high Court of Justice, wherein it seemeth that he sate in person: as these words do demonstrate, Let him not seek to the King, &c. And lastly, that the same Court of the Kings did judge, not onely according to meer right, and Law, but also after equitie and good conscience. And after this order, and in these two Courts, was all Justice administred. This Court continuing (untill the time of William the Conqueror, and ever since during the times and raigns of the antient Kings) and doth yet continue (in manner) the same forme, and substance that it then was, (and will do in despite of those sycophants, that have had [Page] their primum mobile from it, and now endeavour its subversion, that viporous brood of Birds, that have so much defiled their own Nest, that the whole Country laughs at their folly, and that the Pleas ought no more to be taken from it, now in our dayes (without cause) than they ought then to have been; which may evidently be proved by those antient Writs of Pone, Recordare, Writ of false judgement, & accedeas ad curiam, which are yet in use to this day, and to this onely end to remove suits (upon cause) out of this Court into Superior Courts. But because this requireth great search of Records to make any further progression (whereunto I have no access) I must leave it to such whose abilities are more able, and can better travail in that so intricate a path.

This Court is no Court of Record,This Court no Court of Record. but onely a Court Baron, therefore Pleas holden in this Court by Plaint, nor Pleas holden by Writ of Justices, are not taken as matters of Record, for those Pleas are holden by reason [Page] of the Court, which the Sheriff holdeth by reason of his Office.

Why instituted.This Court (as Dalton reporteth in his Office of Sheriffs) was ordained for the Sheriff to hold Plea, there for particular or private matters (under fortie shillings) between partie and partie.

Coo. inst. 3. par. cap. 5 5.It holdeth no Plea of Debt or damages to the value of fortie shillings or above, because a Fine is due thereby to the Lord Protector, yet if the Debt be fortie shillings or above, and the Plaintiff will acknowledge in his Declaration the receipt of so much, as to bring it within fortie shillings, in this Case the Plaint is good.

And of Debt, Detinue, Trespass, and other Actions personall above fort shillings, the Sheriff may hold Plea by force of a Writ of Justices to him directed, for that is in nature of a Commission to him, and is not returnable. Neither doth this Writ alter the nature of the Court, for therein the Sheriff is not Judge,Suitors Judges. but the Suitors, yet all judgements shall be [Page] pronounced by the Sheriff.

This Court may be kept at any place within the County, at the pleasure of the Sheriff, but not out of it.

To this Court, all persons dwelling within the County, owe suit by reason of their resiance.

No fine can be imposed in this Court upon any offender,No Fine. because it is no Court of Record.

But a man may be amerced for a contempt,Amercement. or a disturbance of the Court, in the presence of the Court.

This Court will entertain no Suits for Charters of Land,What actions w [...]ll not ly in this Court. or for inheritance, or for Free-hold of Land, or for any titles to Land, or to make several plaints upon one entire debt by bond, or trespass, vi & armis, or actions touching life, nor actions to cause one to render an account.

The Office of the County Clarke.

THe Sheriff being elected (before the next County day after his election) [Page] he ought to be very diligent in deputing and constituting a County Clark, such a one as is sufficient and able to keep the Court, that no corrupt dealing be in it, as he will answer the contrary: and that he be very skilfull in entring the proceedings in it.

He ought to enter no plaints (except in case of Replevins) out of Court, but in full County, sedente curiâ, yet the course is otherwise at this day, and (as it seems) good enough, verifying the diverb, communis error facit jus.

He cannot execute the Office of a County Clarke, and practice as an Atturney both at one time, it being prohibited by the Statute of. 1 H. 5.4. He cannot act any thing without the assent of the Suitors; if he do, an action of trespass lyeth against the Sheriff.

He must be carefull in deputing honest able and sufficient men, as Bayliffs, for the executing of the Precepts issuing ou [...] of the Court.

He must make sufficient Precepts [Page] after the plaints entred (but not before) against the Defendants, directed to his Bayliffs, to attach or warn the Defendants to appear at the next County Court, and answer the Plantiff; and if there be any default in the said Bayliffs in the execution of their Office according to the tenor of their Precept, then they are to forfeit 40 shillings, and to be convicted thereof by the examinations of the Justices of Peace, or any of them.

The County Clarke and Plantiff, upon complaint of the party grieved, may be examined by one Justice of Peace, concerning the taking or entring of plaints in the County Court, and booke against the Statute: If thereby the Justice find any fault or offence committed, that shall stand for a sufficient conviction and attainder without any further inquirie or examination. And the said justice must certifie the examination within a quarter of a year into the Exchequer, by the Statute of 11. H. 7. cap. 15.

At the adjourning of every Court [Page] he must appoint a day certain for the next Court, to the intent the Countrey may know at what time they may resort thither to hear the Lord-Protectors writs of Exigent and Proclamations read.

The Office of a Coroner in this Court.

A Coroner is one of the Principall Officers of this Court, being chosen in it (by a writ de Coronatore elegendo, directed to the Sheriff) by the Free-holders or Suitors in open and full Court, and is published there, and after the Sheriff is to return and certifie into the Chancery the election of every such Coroner and their names; likewise the County Clarke must there administer to the Coroner his oath for the due execution of his Office.

The Coroner being thus chosen and sworn, he is to sit there with the Sheriff at every County Court to give judgment upon Outlawries, which judgment shall be given and pronounced [Page] by him in the 5th County, and there the Sheriff is to return the Outlawrie with the Exigent: But by this judgment no Goods are for [...]d before the Outlawrie appear of Record: neither shall such an Outlawrie disable the partie.

Exigents and Proclamations are to be proclaimed 5. County dayes one after another,Exigent & Proclam. to be proclaimed 5. County dayes, &c. and once in the open Sessions, and once at the Parish-Church-dore, where he doth or did lately dwell, that he appear, or else that he shall be Outlawed. And if Proclamation be made 5. County dayes, and at the 5th County day the Defendant appear not, then the Coroner shall give judgment that he shall be out of the protection of the Lord Protector, and out of the ayde of the Law. F.N.B. 163. But before I conclude this Chapter, let me give you in brief, why a man is said to be Outlawed, and a woman wained; viz. A man is said to be Outlawed,F.N.B. fo. 395. because he was sworn to the Law: and now for his contumacy he is put from the Law, and said Outlawed, [Page] as it were, extra legem possitus; but a woman is not so, but she is wained, and not Outlawed, because she was never sworn to the Law.

If a writ of discharge of the ancient Sheriff be delivered to the County Clarke, sitting in the County Court, the authority of the said Sheriff (although absent) shall presently cease.

Of Atturneys in this Court.

IT was objected to me, that no Atturney could legally practice in this Court, and that every man ought to prosecute his own cause himself: but I shall give him a compendious answer with an Epitomy of the Statute of West. 2. cap. 10. that every man which oweth Suit to the County Court, may make a generall Atturney to prosecute and follow his Suits in all Pleas: and an Atturney may do every thing in the name, and as the act of him which gave him the authority, as if he did it himself: qui per alium facit per seipsum faecere videtur: likewise [Page] these Statutes following institute Atturneys in the County Court, viz. 6. E. 1. cap. 8.20. H. 3. cap. 10. F.N.B. 156. I could instance many more, but I hope this is sufficient to stop the black mouth of a scurrilous antagonist.

What Actions may be brought in this Court.

Having precipated my self thus far, before I enter upon the proceedings of the Court; I will demonstrate the grounds and cause of proceedings, and that is, actions, which is the form of a Suit, given by Law to recover a mans right: therefore what actions will hold in this Court, take as follow.

All actions of Debt, either upon an account made by the parties for wages after a hire, summs of money owing or due from one man to another, whether by writings or otherwise, it is grounded sometimes by writing, as an obligation, bill, covenant, or other especialitie: sometimes [Page] without writing as an arbitrament, receit money lent, parol, contracts or the like.

All actions of detinue, Trover, and Conversion, deceit upon a warranty, a delivery, nusance, case for scandalous words, case upon Assumpsit [...], and other actions of the case, as for a dog killing Cattle, abusing a distress, spoyling my goods, &c. Actions of trespass, assault and battery, &c.

All these actions would afford very much matter to treat of at large, (but least it should swell beyond its limits) I will referr you to the reading of the Law (in one Volume) learn'dly epitomiz'd by Mr. Shepheard.

Within what time Actions must be brought.

31. Eliz. cap. 5.ALL Actions of Debt grounded upon any lending or contract, as book-debt, without especialty, and for rents in arrear: all actions of trespass, quare clausum fregit, actions of Trespass, Trover, Detinue, and Replevin [Page] for taking away Goods and Chattells, actions of account, all actions of the case (except actions for slander, which shall be sued, must be commenced and brought within six years after the cause of such action or suit acrewed, if the Plantiffe be then of full age, discovert, Compos mentis, at Libertie, out of prison and in England; otherwise within such time after he becomes so, and not after.

All actions of Trespass, for Assault, Menace, Battery, wounding and imprisonment, within four years after the cause of action, and not after.

All actions of the Case for words, within two years next after the words spoken, and not after.

Who may bring actions, and who not.

IDiots, mad men,S. Mar. ca. 6. fo. 3. or such as have lucida intervalla, such as are deaf and dumb, or any other man, woman or child (except persons disabled by Law) being wronged, nay bring the proper action appointed for remedy [Page] in that case; and all, or any of these wronging others may be sued. And if an Idiot sue or be sued, he must do it in person.

An Infant must sue by Proahein amy, and being sued, must defend by Guardian.

A Feme Covert cannot sue but with her Husband.

An Outlawed person is disabled to sue any action against any man in any Court of Law or Equitie, (yet as Executor he may sue, beeause it is not in his own right, but in trust for another) but any man may sue him, by Coo. sup. Lit. 128. A man that is attainted in a Premunire, may not sue in any action, idem. 129. And a man that is a convict Reculant is disabled, so long as he so continues.

But note, all these disabilities remain during the continuation of the same impediment.

No Barretor can maintain any action in this Court, nor have judgement, unless it be required by all the Suitors. Westm. 1 Cap. 3.

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Of Pledges in this Court.

PLedges are obsolete, except it be for such as live out of the County, or out of the Jurisdiction of the Court, or such as are unmarried, that have no Goods distrainable, and it is if these be Plantiffs: and if the Defendant should Non-suit the Plantiff, and have judgment against the Plantiff and his Pledge. I never yet saw the form of that judiciall precept, that ever issued out to levie the costs upon the pledges goods.

Of the proceedings in the Court.

BEcause I would not have the Country and young practisers ignorant of the proceedings in the Court, which is the life of practice; I thought it necessary to make an abridgment of the terms of Law, now used in the proceedings. And first of Appearance, because it is the first thing done after Goods attached.

The first thing the Defendant in any Action or Suit is to do,Appearance. is to appear, and shew himself in person, or by an Atturney in the Court to answer the Action and defend the Suit.

[Page] Essoyne.He may also appear by an Essoyne which doth delay the cause a Court day longer; (The common Essoyne is de male vener) and if he do not appear the next Court, then it passeth by default, Judgement entred, and Execution issues out against his Goods and Chattels. But after the Defendant hath once appeared in the Court by an Atturney, there shall be no Essoyn allowed.

Duces tecum.But if he appear neither by an Atturney, nor by essoyn, then further process issues out against his Goods and Chattels, viz. the Precept of Duc. Tec.) and Attachment, and Distress upon Attachment infinite, untill he do appear.

Declaration.After the Process executed, the Plantiff is to appear and file his Declaration, to shew his cause of Action, or matter of complaint, in which must be shewn who complaineth, and against whom, for what matter, how, and in what manner the action grew between the parties, and at what time and place the wrong was done; and in conclusion he must averr and [Page] proffer to prove his Suit,Modo & forma. and shew the damage he hath sustained by wrong done unto him. Speciall care ought to be had that it be drawn in manner and form, yet by the Statute of 36. E. 3. cap. 15. a Declaration shall be good, if it have matter of substance, though the terms be not apt; however to avoyd doubts, and that the Atturneys may not altogether depend upon uncertainties, let them be diligent in taking right and due instructions from their Clyents, and inform themselves of every punctilio which may be materially incident to the case, that so they may know what manner of action is most proper to be brought on the behalf of their Clyents.Nota.

In some cases manner and form is chiefly to be looked at, but in other some not altogether so materiall. As if an action of Debt be brought of the sale of a horse for 5 l.21. E. 4. fo. 12. (where the bargain was for two horses) the Defendant pleads that he oweth him nothing in manner and form: the Jury ought to find for the Defendant,Modo & forma. for that, that the bargain was for two [Page] horses for 5 l. so manner and form there is materiall, and parcell of their charge,Modo & forma. and so it is in every case, where the action varies from the bargain or speciall matter.

But if an action of the Case be brought by the husband alone, upon an Assumpsit to him by R. the Defendant saith,27. H. 8. fo. 29. he did not assume in manner and forme, and the Plaintiff gives in evidence of an Assumpsit made to his wife, and his agreement to it afterwards, this is good, and manner, and form is not materiall.

Or if a Trespass were done the 4th. day of May, and the Plaintiff declareth the same to be done the 5th. or the 1. day of May, when no trespass was committed, yet if upon Evidence it falleth out that the trespass was done before the action brought, it sufficeth, 19. H. 6.47. 5. E. 4.5. 21. E. 4 66. And Litt, saith, that the Jury may find the Defendant guilty at another day then the Plantiff supposeth, for the Law of England respecteth more the effect and substance of the matter, than every [Page] nicitie of form and circumstance: apices juris non sunt jura.

Note that in actions of Debt upon Emisset for wares, for money or other things lent, upon an in simul computassent, actions of Trespass, Battery, or upon the Case, &c. you are not tyed to lay the certain day; but you may lay it any time after the cause of action accrewed.

A declaraton is sometimes called a Count,Count. as Count in Debt. Kitch. 281. Count in trespass, Brit. cap. 26. Count in an action of trespass upon the case for a slander, Kitch. 251. But a Count it is more properly used in Reall than Personall actions: And a Declaration more applyed to Personall than Reall. F. N. B. 18. a. 60. D. N. 71. a. 191.6. 217. a.

If after Process executed the Plaintiff do not appear and file his Declaration,Non-snit. and the Defendant do appear upon such default, the Plantiff is nonsuited, and the Defendant may enter Judgment, and have an Execution for his costs.

In every case where the Plaintiff [Page] may have costs against the Defendant there, if the Plaintiff be nonsuit, or a verdict pass against him, the Defendant shall have his costs, as in trespass, debt, covenant by specialty, or upon contract, detinue, accounts, actions upon the Case, or upon the Statute for personall wrongs, 23. H. 8. cap. 15.

Emparlanc.After the Plaintiff hath appeared and Declaration filed, upon the appearance of the Defendant, Emparlance is to be entred: Emparlance is, when the Defendant, being to answer the Suit or Action of the Plaintiff, desireth some time of respite to advise himselfe the better what he shall answer, being nothing else but a continuance of a Cause till a further day.

Continuance.I had forgot to lay open unto you this word Continuance, had not the foregoing piece put me in minde of it, and it is this; After a Suit is begun and the Plaintiff hath declared, he must continue his suit from Court day to Court day, or else the adverse party may take advantage of it, and this is called a Continuance, being [Page] but only a prorogueing of a suit from time to time, to keep it in being; And this is by the Act, or Order of the Court, and sometimes by the agreement of the Atturneys of both parties.

This Rule,Rule. or dies datus is when further day is given to the Plantiff to put in his Declaration, or to the Defendant, to put in his answer: the time given is usually 14. dayes, or more of lesse according to the order of the Court,Answer. and the agreement of their Atturneys.

The next Court after the filing of the Declaration, the Defendant is to put in his Answer, which he pleadeth and saith in Barr, to avoid the Action of the Plaintiff, either by confession and avoidage,Replication. or denying the materiall parts thereof.

If issue be not joyned upon the answer, then the Plantiff is to file his Replication to the answer of the Defendant, which must affirm and pursue his Declaration.

Then the Defendant must put in his Rejoynder to the Plaintiffes Replication,Rejoynder. which must pursue and confirm his answer; for every Replication [Page] ought to have these two properties specially, that is, it ought to be a sufficient answer to the Replication, and also to follow and enforce the matter of the bar.

Surrejoynder.If the parties be not at issue by reason of some new matter disclosed in the Defendants Rejoynder that requireth answer; then may the Plantiff Surrejoyn to the said Rejoynder, if there be cause, but it falleth out very seldome. This Surrejoynder is a second defence of the Plantiffes Declaration opposite to the Defendants rejoynder.

Nota.When the Declaration, Answer, Replication &c. are defective in respect of some circumstance of time or place &c. it may be remedied by consent of the Court, or parties, or by a motion to the steward.

Not informed. Non sum informatus, is a formall answer of course made by an Atturny, whereby he is deemed to leave his Clyent undefended, and Judgment passeth for the adverse partie.

Nil dicit.It is a failing to put in an answer to the Declaration of the Plantiff, (in [Page] any action) by the day assigned, which if a man do, Judgment shall pass against him, because he saith nothing to the contrary.

To an action of Debt upon specialty.
Not his Deed.

Generall issue.

To an action of Debt for money lent, &c.
He ows nothing by the Country.

To a Bond for performance of Covenants upon an Indenture, or an Arbitrament.
Not his Deed or not guilty.

To an action of the Case upon an Assumpsit.
He did not assume.

To an action of Trespass.
Not guilty.

To an action of Assault, and Battery, and Slander.
Not guilty.

To a Contract without Deed,Pleas specialy to be pleaded. the Plea is payment, or an Obligation made for the Debt, &c. To an Obligation, the Plea is payment,Obligation. or a new Obligation taken for the Debt, &c. But to plead payment to an Obligation is no Plea without an acquittance: For an Obligation, or other matter in writing may not be [Page] discharged by an agreement by word but by writing: unumquodque dissoluitur, eo modo quo colligatur.

Debt.To an action of Debt he owes nothing by the Country, or by the Law, or paid.

Against Executors or Administrators.If the action be brought against an Executor or Administrator, the ordinary Plea is, that he never was Executor, or hath fully Administred &c.

Non ag [...].If the suit be upon a Deed, or contract without Deed, that he was within age when he made the Deed or contract.

Woman covert.If it be against a woman, that she was covert: that is to say, had a husband when she made the Deed or contract.

Arbitrament.If upon an Arbitrament, that there was no Arbitrament legally made, or that he hath performed the award.

Trespass damage feasant.If upon an action of Trespass, Damage Feasant, that the beasts came in by the default of the inclosure of the Plantiff, or that he hath little of common there &c.

Rent.If upon an action brought for [Page] Rent, that there is no Rent in arrear, &c.

To an action of Detinue,Detinue. that he doth not detain the thing sued for: A release, or a gift to him by the Plantiff, or that he did tender the thing sued for before action brought, that the Defendant did deliver it to him as pledge for ten shillings, which he hath not paid, &c.

To an action of the Case for Slander: not guilty, or justifie the words.Slander.

Case upon a warranty,Warantie. that he did not warrant, &c.

Upon a specialty,Debt. Plead, conditions performed, by Threats, Duress, Imprisonment.

Upon a Demise, not demised.Warantie.

Upon an Account, as receiver,Account. never receiver: he ought not to render an Account, &c.

To trespass, not guilty,Trespass. an Arbitrament, tender of amends before the Action brought, &c.

If divers men do a trespass,Nota. and one makes a good accord, this will discharge, and be a bar to all the rest. Cook. 9.79.

[Page] Free-hold.If Free-hold be pleaded, the Court in that cause can proceed no further. There are diverse p'eas to an action of trespass, some of one nature, and some of another, as justification &c. If the Defendant have matter of justification or excuse to plead, he must be sure to plead it specially, for if he plead the generall issue, viz. not guilty, it will be found against him; But now by the late Act, made the 23. of Octob. 1650. the Defendant may plead the generall issue of not guilty, or such like generall plea, and give the speciall matter in Evidence.

Nota. Et hoc paratus est verificare.Every plea must be offered to be proved true, by saying in the plea; And this is he ready to verifie, and this is termed an averment.

Et de hoc ponit se [...]uper partiam.If tender of issue come on the Defendants part, the form is, And of this he putteth himself upon the Country.

Et hoc petit, quod inquiratur per patriamIf on the part of the Plantiff it is And this he prayeth may be inquired of by the Countrey.

If issue be taken upon these Pleas, and a Jury thereupon warned to appear [Page] to try them, the Jury appearing, the parties may have their Chalenges.

Chalenge of Jurors.

CHalenge is said to be where there is evident favour, as kindred,21. E. 4 fo. 11. & 63.20. Ass. 11. 2. H. 4. f. 16. 4. E. 4. f. 1. 2. H. 4. f. 14. 13. H. 4. f. 14.22. E. 2. Charl. 177.8. E. 3. f. 69. 3. H. 6. fo. 24. 9. E. 4. fo. 49. Britton fo. 134. 11. H. 4. fo. 40. 33. H. 6. fo. 55. 18. H. 8. f. 2. 8. H. 6. f. 60. &c. the Juror of Aliance servant beares malice, and hath some Action against chalenger; Juror a gossipe of the Plantiff; Juror master to the Plantiff: the Juror eate at the Plantiffes cost, or take money for his charges. If the Juror was chosen arbitrator for one party, but otherwise where he was chosen indifferent for them; The Sheriff or Bayliff which make the pannell, is of the Plant [...]ffes kindred: those who have been attaint of false Oath. or were seen on the Pillory, or against whom there was Judgement of life or member; Those who pretend to have some right in the thing demanded: the Juror Outlawed, if the Record be shown: Juror attaint of conspiracy: the Sheriff being Plantiff, &c.

Having now brought the Jury to [Page] the Bar, and that they prove all honest men, being sworn let them stand to the Bar, and hear their Evidence.

Nota.If a full Jury do not appear, as many as make default, may be amerced: If the verdict find matter incertainly, or ambiguously, it is insufficient, and no Judgement ought to be given thereupon: as if an Executor plead plene Administravit, viz. fully Administred of all the Goods and Chat [...]els which were of the Testator: and issue is joyned thereupon, and the Jury find that the Defendant hath Goods within his hands to be Administred, but find not of what value, this is incertain, and there insufficient.

17. E. 3.47. 18. E. 3.48. 22. E. 3.2. 18. E. 3.56. 15. E. 3. judg. 58. &c. Hil. 25. Eliz Mic. 28. & 29. Eliz. inter Gomersall & Gomersall &c.A Verdict that findeth part of the issue, and finding nothing for the residue, this is insufficient for the whole, because they have not tryed the whole issue wherewith they were charged; But if the Jury give a Verdict of the whole issue, and of more &c. That which is more is surplusage, and shall not stay Judgement [...] for utile per inutile non vitiatur, [Page] but necessary incidents required by the Law, the Jury may find.

The manner of keeping the Court.

THe Sheriff at the first County Court, which shall be after his election and discharge of the old Sheriff, must read his patent and writ of assistance, and nominate his under-Sheriff▪ the County Clarke, and 4. Deputies (at the least) of Replevins for the ease of the County

Then enter the stile of the Court, in this manner, viz.

Y. ss. The stile of the Court. The first County Court of I. B. Esq Sheriff of the County aforesaid, held at the Castle of Y. on Munday Court. the 7 th. day of July, 1656.

Then command the Bayliff to make Proclamation 3. times O. yes &c. Procl.

All manner of Persons that have any thing to do at the County Court holden here this day, before I. B. Esq Sheriff of the County of Y. come forth and give your attendance.Procl.

Command the Bayliff to make [Page] Proclamation again, O yes, &c.

All manner of Persons keep silent, and heare the Lord Protectors writs of Exigent and Proclamation read.

A Coroner is to be there then present, to pronounce Judgement of Outlawrie, against those that do not appear upon the Exigent and Proclamation at the 5 th. County.

Procl.Command the Bayliff the 3 d. time to make an O yes &c.

Essoyns and proffers (before the Court 3. times) for this day. And then say; If any man will be essoyned, or enter any Plaints, let them come forth, and they shall be heard.

Plaint.Then enter your plaint in this manner.

A. B. against C. D. of a plea of Debt.

Then call the Plantiff thus,

A. B. app [...]ar, or thou loseth thy plaint; 3. times.

If he appear by an Atturney, then enter his warrant of Atturney, viz. the 2. first letters of his name, over the name of the Plantiff, and then file his Declaration.Decl.

[Page]Then call the Defendant.

C. D. appear and answer A. B. in an action of Debt, (or as the case is) or thou forfeits thy Goods distrain'd, and further process will be awarded against thee. If he appear, then enter his appearance, and an Imparlance, to put in his answer (to the Plantiffes Declaration) the next Court.

When the Defendant hath put in his answer, If the Plantiff joyne issue,Answer. they may proceed to try all the next Court day (except they proceed further by Replication, Rejoynder, &c.)

If it be at issue,Ve. fa. send out a venire facias, to summon the Jury, and the Habeas Corp.

Then enter on the head of the pannell thus.

Jury betwixt A. B. Plantiff and C. D. Defendant, in a Plea of Debt.

When they are brought to the Barre, command the Bayliff to make Proclamation &c.

You good men that be impannel'd to try the issue between A. B. Plantiff, and C. D. Defendant, answer to [Page] your names, every man upon the first call, upon pain and perill that shall fall thereon.

If 12. appear, then swear them one by one, in this manner.

Oath.You shall well and truely try this issue, between partie and partie, according to your Evidence, so help you God.

And as they are sworn, enter by every mans name Jur. that is to say juratus est, he is sworn.

Being all sworn bid them stand together to hear their Evidence.

Then swear the Witness [...]s.

Oath.The Evidence that you shall give to this Inquest, shall be the truth, the whole truth, and nothing but the truth, so help you God.

Then let the Jury depart from the Bar, to agree upon their Verdict.

At their return, command the Bayliff to call every one by their names, and count them.

Then ask them if they be all agreed on their Verdict:

Jur. Y [...]a.

Who shall say for you?

Jur.

The Foreman.

[Page]Then call the Plantiff, A, B. appear or thou looseth thy plaint, 3. times ask the Jury if they will stand to their Verdict:

Jur.

Yea.

Whether do you finde for the Plantiff, or for the Defendant?

Jur.

For the Plantiff.

What damages?

Jur. 2 d.

What costs of Suit?

Jur. 2 d.

Hearken to your Verdict, this you say, you finde for the Plantiff, and assesse, damages, 2 d. and costs of Suit 2 d. so say you all?

Jur.

Yea.

Then bid the Plantiff pay the Jury.

The Court being ended, adjourn the Court to another day to be kept, commanding the Bayliff to make Proclamation, O yes, &c.

All manner of Persons,Adjornment. which have any more to do at this Court, let them come forth, and they shall be heard, otherwise they and every one else, may depart for this time, and keep their hour here on Munday [Page] the 4 th. day of August next by 9. a clock in the morning, &c.

Now the Court being done, and the Defendant condemned by Verdict, then (Judgment being entred) a fieri facias shall be awarded to make levie of his Goods, and thereupon the Defendants Goods shall be taken, praised and sold, to satisfie the partie Plantiff, and if the Defendant have no Goods, whereupon levie may be made, then the Plantiff rests without remedie in this Court.

Of Distress.

COnsidering the many lacrymable wrongs the Country hath sustained by these Locusts, that litigious generation of men, a clamorous company, qui ex injuria vivunt, seminaries of discord, worse than any poler by the high way side, monstra hominum, rabulas forenses, irreligious harpies, scraping griping Catchpoles, monopolizing Bayliffs and corrupt Practisers, and how much the ignorant people are abused and deceived, [Page] yea, many times (as the experience of many will inform us) ruined and utterly undone by them, they being the sole causes of those ignominious aspersions cast upon the Court. Really, the advantage that it would produce to the Common-wealth is inexplainable, if the Statute of the 1. H. 5. cap. 4. were observed, that is, that Sheriffs, Bayliffs, one year, not to be in that Office in 3. years after, because by their continuall being in that Office, they grow so cunning, that they are able to deceive the Sheriff, and ruine the whole Country; Therefore, that the Country be not altogether ignorant of their seeming authorized actions: I will declare what, and when they may distrain, and what, and when they may not.

But first, to let you know what a distress is.

A distress is either said to be reall (that is) when Land distrained upon a Grande cape, or a petit cape▪ of which we have nothing to say here: or it is said to be personall, where moveable things are distrained: and [Page] this is that we are to speak unto,Broo. 146. Fieches & ley 135. Coo. sup. Litt. 97. therefore a distress is where one doth take & distrain the beasts cattle and other things of another man in some ground or place for Debt, Rent, or other dutie behind, or for some wrong or damage done.

The Sheriff nor his Officers cannot break a mans house in the night time to execute any process, or to do any ministeriall act: for the Law giveth no colour to break a mans house by night.

No distress can be made in the night, but for damage feasant.

The Bayliff may attach a man by his Goods, citing him to appear, and answer such a day, at such a mans Suit, in such a Court, and for such a cause; Or he may onely give the Defendant warning (in the presence of 2. others) to appear such a day, in such a Court, and at such a mans Suit, &c. it is good enough; and if an Attachment be made, it must be of such Goods (of the Defendants own proper Goods) as are moveables, viz. by meere Chattels Personalls, [Page] which may be forfeited by Outlawrie, and not immoveables.

A Bayliff cannot sever horses joynd to a Cart.

Sheep may not be distrained, if there be a sufficient distress besides: No man shall drive a distress out of the County where it was taken.

A distress may not be impounded in severall places upon payn of 5 l. and treble damages.

A man cannot work Goods distrained, nor convert them to his own use.

The Goods of any man may be taken in any place within the County, in another mans house and ground, as well as in his own.

If a Bayliff distrain or attach the horse of a master, where the plaint is against the servant, Trespass lyes for the master against the Bayliff, for the Bayliff ought to take notice at his peril whose goods he distrains or attaches, 13. H. 4. fo. 2.14. H. 4.24.11. H. 4.90. and Doc. and Stud. 139.

After distress, or attachment made, [Page] if the Bayliff do not return his precept the next Court: Trespass lyeth against the Bayliff for the Defendant, and an action of the Case lyes against him for the Plantiff, for not returning of the precept, 10. E. 4. fo. 18.3. H. 7. fo. 3.

By Choke. If one take beasts in the name of a distress, he ought to put them in an open pound, for that he which is distrained, may give to them sustenance: but if he distrain dead Chattels, he may put them where he will, but if they spoyle in his default, he must answer for them 19. E. 4. fo. 2. b.

If Goods distrained be put in an open pound, and they dye, it is the loss of the owner, but if they be put in another places, it is not so. 39. H. 8. [...]i [...]l. distress 6. He which distrains beasts may put them in a close house, if he will give them meat, for the putting of them in open pound, is but to the intent, that the owner may give them meat: 1. and 2. Phil. and Mar. cap. 12. tit. distress. That no distress shall be driven out of the [Page] Hundred, unless to the open pound, nor above 3. miles.

Where a man distraineth Cattell for doing damage feasant, or for rent, or service, and put them into the common pound, or into another pound or place, and he who hath property in the Cattle, or other person taketh the Cattle out of the said pound, and driveth them where he pleaseth, he who distrained them, may have a writ de parco fracto, F. N. B. 293. E.

A man may not distrain for any Rent or thing done for any Land, but upon the same Land that is charged therewith; but in case where I come to distrain, and the other seeing my purpose, chaseth the beasts, or beareth the thing out, to the intent that I shall not take it for a distress upon the ground, then I may well pursue, and if I take it presently in the high way, or in anothers ground, the taking is lawfull as well there, as upon the same Land charged, to whomsoever the properties of the Goods be.

[Page]If one distrain my Goods that are not distrainable by Law, I may have a generall action of Trespass, or an action of the Case against him at my chovce, Coo. 4.94.

If one distrain my Kine great with calf, and by driving they lose their calfes, I may have an action of the Cafe, F. N. B. 86.

If Goods be impounded in a close house, or secret place, so that the Defendant cannot come to feed them, and the Goods do perish for want of sustenance, the distrainer must pay for them, 33. H. 8. tit. Distress, 66.

If the distrainer give the Cattell meat in the pound, he cannot compell the owner of the Cattell to pay for this, for the distrainer is not compelled by Law to give them sustenance: and if they do agree after the distress upon a summe, yet this is no excuse, but it is for their deliverance, if they do agree at the time of the distress taken that he should give them meat, and that he should have xx s. (or a certain propounded [Page] summe) for the same, this is a good bargain, 21. E. 4. fo. 53.

An action of Trespass was brought upon the Statute, that none shall be distrained by his Cattell in the Plough, as long as any other reasonable distress may be had: and the Plantiff declared the taking to be against the Statute, and did not specially shew that he had other Cattell to be distrained, yet it was adjudged good for the Defendant to alledge this, 4. E. 3. and 18. E. 2.

Stuffe sent unto a Tayler, Weaver, Fuller, Sheareman, Miller, &c. shall not be distrained, for these Officers are necessary for the Common-wealth, and the like Law is of and in a common Inne.

A horse that a man rideth upon cannot be distrained, Fitzherb. in rescous, 11. quod nota.

If a man come into a common Inne, his Goods and Beasts shall not be distrained there, because then it would be prejudiciall to the Common-wealth.

Also goods and chattels brought [Page] into a fair or market to be sould, shall not be distrained, per cur. Mich. 7. H. 7. fo. 15.10. H. 7. fo. 21.

Windowes, Dores, Tables fixed on a Post, a Furnace, Pales, Timber, Boards, fixed on the ground, Glasse, &c. cannot be distrained, nor forfeited by an Outlawrie: but if these are not used in a house, but standers by, then they may be distrained, Mich. 21. H. 7. fo. 13. Pas. 14. fol. 25. H. 8. fo. 25. Trin. 21. H. 7. fo. 27.

If a Bayliff come to a house to distrain, the dores being fast shut and bared, and with his hand through a crevice, or hole, did shove the bar, and open the dore, and did take out of the house 2. Cowes, in the name of a distress, and because he did take a distress in this manner, it was adjudged the distress to be wrongfull, Abridgment Fizherb, fo. 296.

No goods shall be distrained but the proper goods of the partie, and not pledges, nor yet borrowed goods, 35. H. 6. fo. 25. per. Moyle Justice, And it is not of chattels reall, as a [Page] lease for years, nor of apparrell, 7. H. 6.9.

A distress made by the servant of the Bayliff is good, 27. Ass. 6.7.

If a man distrain cattel, and they of their own accord come home again to the owner, he which distrained them cannot take them again, by reason of the first distress, except he doth freshly follow them, per Danby Justice, because of the negligence of the distrainer, 9. E. 4. fo. 2.

A horse cannot be distrained while the owner thereof is riding upon him, or leading of him, nor if he be tyed at a Mill, and came thither with grist, nor a horse tyed at a mans dore, the owner being gone into the house on some business, Pas. 39. Eliz. Coo. B. adjudged.

If a beast be unruly in the pound, and is like to leape over the pound, it seems the distrainer cannot justifie the tying of him to the pound, nor the fettering of him. Broo. trespass 250.27. Ass. pl. 64.

None shall distrain wrongfully upon the penalties provided upon the [Page] Statute of Marlb. Westm. 1.16.3. E. 1.

None shall procure any to distrain another, to make him appear at the County Court, or any other inferiour Court, on purpose to vex him, and put him to charge and trouble, on pain, to make Fine to the Lord Protector, and to pay the party grieved treble damages, Westm. 1.36.13. E. 1.

An ax that is in a mans hand cutting of wood, nor goods that are impounded, and in the custody of the Law, cannot be distrained, being distrained already, damage feasant.

If one distrain my cattell or goods without any cause or colour, that is not good and just: or if a man having distrained my goods, will not tell me requiring it, and offering to give satisfaction for what cause he distrained them, or if having cause to distrain, he do distrain beasts not distrainable, as beasts of the Plough, or sheepe, or if having distrain'd beasts distrainable, he after abuse them, as if being a horse or an oxe he work it, [Page] or being unruly he fetter it, or lay it so as it be thereby hurt, or if he put the distress in an unknown place, that I cannot tell how to come to it, to feede it: or if he take them out of the County, and put them in a pound in another County, or if he distrain them in a place not distrainable: In all these Cases, I may have an action of Trespass against him, Coo. 8.147. Doct. and St. 112. F. N. B. 47.

What goods may be taken upon an Execution &c.

THe Bayliff after Judgment may distrain the Defendants goods, and detain the distress in his hands, in safegard till the Defendant hath satisfied the Plantiff of the condemnation, 22. Ass. 72. Statham, 11. Eliz. fo. 93. F. N. B. 165. and 4. H. 6. fo. 17. action.

Goods taken in Execution must be praised, and Execution made of them, 27. Ass. 72.

Where erroneous Judgment is given, the Officer which doth the [Page] Execution is excused, 22. Ass. 64. Plowden, 194.

But the contrary, if Judgment be given, that is void or voidable: for where Judgment and Execution is there of a thing whereof they have no jurisdiction▪ there Trespass lies against the Officer, for executing it: but if Judgment be there but erroneous, and so not void, false Judgment lies, and no Trespass against the Officers, Plowsdens Com. 394.

If after Judgment a man doth sell his goods, to defraude me of my Execution, and nevertheless taketh the profits of them: if it be so found, I may have Execution of the goods sould by fraude, 43. E. 3. fo. 2.22. Ass. 72.50. E. 3.

If the Sheriff open or breaks any house to do Execution at the Suit of a common person, the Execution is good, but the partie, whose house is broken, may have an action of Trespass against him for the breaking of the house, Coo. 5.93.3.

If the Sheriff levie money upon an Execution, and give it to the Plantiff, [Page] though he never make any return to the Court, it is good enough, Cook 5.90.4.67.11.40.20 H. 6.24.4.

If a man hath a Judgment in this Court against the Plaintiff, or the defendant, and the execution is deferred in favour of him, the partie grieved may have a Writ de executione Judicii from above, to hasten it. F. N. B. 120.

Goods pawned shall not be taken upon Execution, for the debt of him which pawned them, during the time they are pawned, 24 H. 8. Pledge 28. & 4 E. 6. distresse. 75.

By Fieri facias (or Levari facias) the Bayliff cannot break the door or chest to take goods in Execution, for if he do, trespass lyes against him for the breaking onely, and not for taking the goods in Execution, 18 E. 4. fo. 4. & 13 E. 4. fo. 9. by Choke, notwithstanding, 8 E. 2. tit. Executors 152. contrary.

If a man letteth to farme by the year Oxen, and cattell, and after the [Page] lessee for years is condemned in an action of debt, these cattell and Oxen demised, during the terme, cannot, nor shall not be taken in Execution for this debt. 22 E. 4. fo. 10.

A Bayliff cannot pull the latch to open the door, if it be shut to make a distresse, Coo. 5.91.93. Dyer, 67.224. But if the out-door of the house be open, the Sheriff may go into the house and take any thing there lyable to the Execution, and being come in at the open door, it seemes he may break open any of the inner doores, 18 E. 4.4. Coo. 5.90. Cook 4.74.

Of the Replevin.

CAttell being-distrained for Rent, &c. the owner must go to the County Clerke (or some one of the Deputies appointed in the County: for the granting out of Replevins) to have a Replevin directed to the Bayliffs to Replevie them, and the partie must be bound in an obligation to the Sheriff, to prosecute his action against him, or them that did take the cattell, [Page] and to make returne of the same cattell to the distrainer, if he by justification or avowrie do recover. And if he pursue it not, or if it be found or judged against him, then he that took the distresse, shall have again the distresse, and that is called the return of the beasts, and he shall have in such case a Writ from above de Returno habendo.

This Replevin may be removed out of the County into the Common Pleas by a Writ of Recordare.

If the goods cannot be taken by the first Replevin, then issues forth an alias, then a plures, then a toties quoties, and if none of these will do, then a Withernam.

The sueing out of a Withernam is after this manner.

If the Bayliff return at the next County, upon the toties quoties, that he cannot Replevie the cattell, because they are esloyned, or that he cannot have view of the cattell, then the Sheriff ought to make inquirie if it be true which is returned, and if it be so found out, he [Page] shall make a precept to the Bayliff in the nature of a Withernam to take as many cattell of the other partie. And if the Bayliffs upon the Withernam thus awarded, return that the other partie hath nor any thing, &c. he shall have an al. and pl. and so ad infinitum, and hath no other remedy in this Court.

But now to return again to the Replevin, if the thing distrained, be put by the distraynor in a place where the Sheriff cannot come at them to make a replevie, he may take posse Comitatus, viz. the power of the County, and after demand, beat down the door or place, where they are, to take them, and the owner of the goods shall recover double for his loss what ever it be.

He that hath the Replevin must have either a generall or a speciall property in the thing; as of goods pledged or the like, and it must be in him at the time of the taking, or otherwise he cannot have or maintain the Replevin for them.

Divers mens cattell being taken, they may not joyn in one Replevin, [Page] but must have severall Replevins.

If a man taketh and impoundeth goods, a Replevin may be of more cattell than were impounded, for if a man distrain Cowes or Ewes, &c. they have in the pound Calves or Lambes, the Plaintiff shall have a Replevin for them all, and by Littleton it was adjudged, Mich. 8 E. 3. That if a man distraineth and impoundeth a Sow great with Piggs in the pound, the owner shall have a Replevin for the Sow and the piggs.

If cattell be distrained and a Replevin is sued, the defendant doth avow for taking of them damage feasant, or for rents, customes and services, and are at issue, and after the plaintiff is non-suite, or otherwise barred, he shall loose his costs and damages, by the Stat. of 7 H. 6. cap. 5. but by the Stat. 21 H. 8. it is clear, Pasc. 14. Mar. Dyer. 141.

[Page]

Of the nature, and return of those Writs that do remove actions out of this Court into superior Courts.

WRits removing suites out of this Court, may be without shewing cause in the Writ, [...] the remove be by the Plaintiff: but not without shewing good cause, if it be by the defendant.

And first of a Recordare.

Recordare facias loquelam.A Recordare is a writ issuing out of the upper Bench or Common pleas, directed to the Sheriff,Its nature. commanding him to send a plaint that is before him in his County Court, without writ of Justicies into the Court from whence the Recordare came, to the end that the cause may be there determined. And the Sheriff is hereupon to summon the other partie to be in that Court, into which the plaint is to be sent at a day certain; And of all this, he is to make a certificate under his own seal,The Return. and the seals of four suitors of the same Court.

[Page]By vertue of this writ to me directed, at my County of Y. held at the Castle of Y. within written (such a day, and year) to be Recorded, I caused the the Plea, of which within is made mention, which appears in a Scedule to this writ annexed, and that Record I have before the Justices within written, at the day and place within contayned, under my seal, and the seals of W. H. E. R. &c. four good and legall Knights of the same County, of them who at the Record present were, & to the parties within written that day I have prefixed, that then they be there in that Plea, as just it may be to prosecute, as within to me is commanded.

The Residue of the Execution of this writ, appears in a certain Scedule to this writ annexed.

At my County Court held at the Castle of Y. in the County aforesaid,The Scedule. such day and year, before J R. M L. J. S. and S D. four suitors of the Court aforesaid amongst other matters is contained.

Yo. ss. R S. complaineth again B. The Plea. [Page] W. of a Plea of Debt▪ (or as the case requires.) J B. Esquire Sheriff Pledg. of Prosec. J S. J D. in testimony of &c.

Orthus.By venue of this writ to be Recorded, I have caused the Plea which is in my County without writ of Oliver Lord Protector, &c. betwixt A B. and C D. concerning the beasts of him the said A B. taken, and unjustly detained, as it is said, and that Record I have before the Justices within written, at the day and place within contained, under my seal, and the seals of E B. S D. R B. and J L. four legall Knights of my County, of those who at that Record present were, as it appeareth in a certain Schedule to this writ annexed, according to the Exigencie of this writ.

At my County held, &c. as before. By vertue of this writ in form within written, I came to the Court within written, and in that full Court to be Recorded caused the Plea within written; and that Record, as it appeareth in a Schedule to this writ annexed, I have before the Justices [Page] within written, at the day and place within contained, and to the parties within written that day have prefixed, that then they be there, in that Plea, as just it may be to proceed as within to me is commanded.

A B. complains of C D. in a Plea of taking,The Schedule. and unjust detayning of the beasts of him the said A. B. in testimony of which matter, E B. S D. J. W. and J R. four legall men of those who at the Record present were in the full Court at the Castle of Y. in the County aforesaid, the tenth day of A. the year, &c. to the same Record their seals severally have put the day and year abovesaid.

The nature of a Pone.

A Pone doth nothing differ from a Recordare, but that a Pone is alwayes to remove such suites as are before the Sheriff by writ of Justicies, and not by plaint onely; but the Recordare is to remove the suite that is by plaint onely without writ. F N. B. 70.11.

[Page] The Return.By vertue of this writ to me directed, I have put before the Justices, &c. of the Common Bench at Westminster, the Plea which is in my County by Writ of his Highness the Lord Protector of Justicies, betwixt A B. and C D. of a Plea of Debt, as it is said, as it appeareth in a certain Schedule to this writ annexed, &c.

The Schedule.At my County Court held at the Castle of Y. in the County aforesaid, on Munday the twelfth of A. the year, &c. A B. complaineth against C D. of a Plea of Debt, in testimony of which matter, R L. S R. J O. and S D. four legall men of those who at the Record present were in full Court there seals severally have put the day and year abovesaid.

The Plea by writ. Prohibitition. A B. complaineth of C D. of a Plea of Debt. xx l.

A Writ of Prohibition is of the same nature of a Recordare; and a Pone, but not now used.

Consultation, or Procedendo.These two writs are both of one nature, though the Writ of Consultation, be obsolete, and the writ of [Page] Procedendo stept up in its place, it lieth where a cause hath been formerly removed by Pone, or Recordare, from this Court to one of the Courts at Westm. and for want of sufficient cause of removeall is sent back again, Fitz. old Natura. Brev. 50.

The nature of a Writ of false Judgment.

A Writ of false Judgment lieth where an erroneous Judgment is given in this Court, (being no Court of Record) then the partie grieved by the Judgment, may have this writ, and remove all process of the Suit into the common Bench, and there it shall be examined, if it be found erroneous the Judgment, shall be reversed, and the suitors of the Court, who gave the Judgment, amerced.

By vertue of this Writ to me directed, to be Recorded,The return. I have caused the Plea (which is in my County) together with the proceedings and the Judgment, betwixt the parties [Page] beneath, and to the same parties day have prefixed to be before the Justices within written, at the day and place within contained, as that writ exacts and requires, which Plea with the proceedings and judgment, appeareth in a certain Schedule to this Writ annexed.

The Schedule.A plaint by writ in the County Court, holden at the Castle of Y. in the County aforesaid, on Monday the 23 d. day of August, the year &c. before the suitors of the same Court, in the tine of I. B. Esq Sheriff of the County aforesaid, according to the custome and priviledges of the same Court, (time whereof the memory of man is not to the contrary) have been used and approved of in the same.

Writ of Justices.At this Court came A. B. in his proper person, and brought here into Court a writ of his Highness the Lord Protector of Justicies. Which said Writ followes in these words; Oliver Lord Protector of &c. To the Sheriff of Y. greeting A. B. hath complained to us, that C. D. upon him [Page] the said A. B. at the Castle of Y. have made an assault, and have beaten, wounded, and evill intreated him, so that of his life it was despaired, and have done him other wrongs, to the great damage and grieveance of the said A. B. and therefore we command you, that you heare the said plaint, and after cause them to be therefore brought to Justice for the same, that I heare no more complaint therein for want of Justice, witness our selves at Westm. the 10 th. day of August in the year &c. and thereupon found pledges to prosecute the said plaint, that is to say, Jo. Doo. and Ric. Roo. and thereupon the said A. B. put in his place S. D. his Atturney in the plaint aforesaid, and by his said Atturney required process to be made to him upon the same: And it was commanded by the said I. B. Esq Sheriff of the said County to all, and singular his Bayliffes,Warrant upon the writ. joyntly and severall, and their Deputies, that they or some of them should do Justice to the said C. D. so that he should be and appear at the [Page] next County Court to be holden at the Castle of Y. on Munday the 20 th. day of September, then next in the year aforesaid, to answer the said A. B. in the plaint aforesaid, at which day came the said A. B. by his Atturney aforesaid, and offered himself against the said C. D. in the plaint aforesaid; and then and there came I. P. one of the Bayliffes in the County aforesaid, of the said I. B. Sheriff of the County aforesaid, and returned the said precept so directed as aforesaid,Essoyn. De malè vener. served and executed on him: and the said C. D. did Essoyn, because he could not come untill the next County Court, to be holden at the Castle aforesaid, at which said next Court (viz) on Munday the 18 th. day of October, then next following in the year abovesaid came the aforesaid A. B. by his Atturney aforesaid, and offered himself against the said C. D. in the plaint aforesaid, and the said C. D. then and there came in his proper person to answer the aforesaid A. B. in the plaint aforesaid, and put in his place I. R. his Atturney against [Page] the said A. B. in the plaint aforesaid, and by his said Atturney desired of the said Court, that the said A. B. should declare against him upon his said plaint: and thereupon the said A. B. by his Atturney aforesaid declared against the said C. D. upon the plaint aforesaid, in manner and form following.

Y ss. A. B. by vertue of a Writ of Justicies by S. D. his Atturney complains of C. D. of an action of Trespass and Assault,Declaration for that the said C. D. the 10 th. day of October in the year &c. at the Castle Y. &c. in and upon the aforesaid A. B. did make an assault and affray, and him did beat, wound, & evil intreat, so that he did despair of his life, and other harms did do unto him to the great damage of the said A. B. wherefore the said A. B. saies he is damnified to the value of xxl. and thereupon brings this action, &c. Whereupon at the same Court, at the request of the Defendant, day was given to the said parties in the plaint aforesaid,Emparlance. till the next County Court, to be holden before [Page] the suitors aforesaid, on Munday the 15 th. day of November then next following, saving to the Defendant &c. at which day at the said Court before the suitors aforesaid, holden at the Castle of, Y. aforesaid, came as well the said A. B. by his Atturney aforesaid, as the said C. D. by his Atturney aforesaid, and then and there the said I. B. Esq was removed from the Office of Sheriff of the County aforesaid, and R. L. Esq was duely elected, and did enter into the said Office of Sheriff, of the County of Y. aforesaid, whereupon at the same Court at the request of the parties, further day was given to the said parties in the plaint aforesaid, untill the next County Court, on Munday the 13 th. day of December, then next following in the year abovesaid, to be holden before the suitors aforesaid, saving to the parties &c. at which day at the said Court before the suitors aforesaid, holden at the Castle aforesaid, came as well the said A. B. by his said Atturney, as the said C. D. by his Atturney, aforesaid, and the [Page] said C. D. by his Atturney aforesaid,Non sum informatus. came and defended the injurie when &c. And the said Atturney said that he was not informed by his said Clyent of any answer for him the said C. D. to the said A. B. in the plaint aforesaid to be given, whereby the said A. B. did remain against the said C. D. thereupon without defence, for which the said A. B. ought to recover against the said C. D. his damages by occasion of the trespass, and assault, and wounding aforesaid, but because it was not known to the Court, what damages the said A. B. had sustained by reason of the premisses: therefore at the next County Court holden at the Castle of Y. aforesaid, in the County aforesaid, before the suitors aforesaid, upon Munday the 10 th. day of January then next following in the year aforesaid,Jury to inquire of damages. it was required by the Oathes of I W. RS. SG. ML. TP. &c. twelve good and lawfull men of the County aforesaid, being present in the Court, and in the full County sworn to inquire what damages the said A. [Page]B. sustained by occasion of the trespass, and assault, and wounding, say upon their Oathes, that the said A. B. hath sustained damages by occasion of the trespass, and assault, and wounding to x l. and for his costs and charges by him in that behalf expended to 2 d. therefore it was considered by the said Court that the said A. B. should recover against the said C. D. his damages and costs aforesaid, by the Jurors aforesaid in forme aforesaid assessed, and also fourty shillings by the Court aforesaid, to the said A. B. by his assent for increase of costs to him adjudged, which said damages and costs do amount to 12 l. and 2 d. and the said C. D. in Mercy &c. In Testimony &c.

The nature of an Accedeas ad curiam.

This Writ issues out of the Upper Bench, or Common Pleas, directed to the Sheriff, commanding him to go to such a Court of some Lord or Franchise, as Court Bason or the [Page] like, (being no Court of Record) where a plaint is sued, or a false Judgment is supposed to be given in some suit, which hath been in the Court; and by this the Sheriff is there to make record of the same suit, in the presence of the suitors of the same Court, and four lawfull men of the County: and of this he is to make certificate into the Court above, at the day appointed by the Writ: F. N. B. 71. Plowden. 74. Finch. 444.

This writ cannot be had without shewing some cause for the removall of it: as that a Free-hold is in question there, or some forraign plea is pleaded not triable in that Court, or such like, F. N. B. 70.119.

The County Clarke is to make a warrant upon the writ in this manner viz.

§

Yo. ss. #

J B. Esquire,Precept upon an acced. ad cur. Sheriff of the County of Y.

to the Steward and Bayliff of the Court of Honour of P. greeting.

I command you by vertue of a Writ to me directed, that you take with you four discreet, and lawfull [Page] freeholders of the County aforesaid, and that you go to the Court aforesaid, and in full Court there cause the plaint to be recorded, which is in the same Court without writ between R. S. and G M. of a certain trespas upon the case brought by the said R S. against the said G M. as is said. And that you certifie the Record to me, so that I may have the same before the Justices of the Common Bench at Westminster, from the day of the Holy Trinity, in fifteen dayes under your seals, and the seals of four lawfull men of the said Court of those that shall be present at the Record, and that you prefix the same day to the parties, that then they be there ready to proceed in the said plaint as shall be just, and have you the names of the said four men, & this warrant; fail not hereof, &c.

Given under the Seal of my Office this 2d. day of June in the year of our Lord 1656.#

By the Sheriff.

§

Honour of P. The return.

ss. The Court Barron of G S. J K. &c. holden at P. for the Honour of P. the 12 th day of June in the year of [Page] our Lord 1656. Before J H. T H. J G. and R H. suitors of the said Court.#

R S. complains against J N. in a Plea of trespas upon the case,The plaine. to the damage of xxx s.

By vertue of this writ to me directed at the Court aforesaid holden the day and year abovesaid, in full Court there to be Recorded, I have caused the plaint, of which within is made mention, which plaint doth appear above written; And that Record I have returned sealed with my Seal and the Seals of the aforenamed four lawfull men, being in the said Court present at the said Record; And to the parties within written. I have prefixed the day, in the writ specified, that then they be ready to proceed, as just it may be in the said plaint, as within to me is commanded.

WO. Steward.

Suitors.

J H.

T H.

J G.

R H.

Record to be delivered in Court.By vertue if this writ to me directed [Page] in form within written, I came to the Court within written, and in that full Court to be Recorded I caused the Plea within written; and the Record as it appeareth in a Schedule to this writ annexed, I have before the Justices at the day and place within contained, under my Seal, and the Seals of T R. &c. four legall men of my Shire of those who at the Record present were, and to the parties, &c.

Or thus. If the Record be not returned.By vertue of this writ to me directed, and in my proper person having taken with me R S. &c. good and lawfull Knights of my County, I came to the Court Baron of G S. J K. &c. holden at P. for the Honour of P. to record the Plea within written, at the day and place within contained, as within to me is commanded; whereupon the suitors of the Court aforesaid at P. aforesaid, in full Court, me the within written Sheriff the said writ there to execute, or as to the said Plea in any manner to intermit, altogether denyed; for which execution of the writ aforesaid make I could not.

[Page]

The Return of a Writ for the Election of a Coroner, after the death of another.

AT my County held such a day and year in full County aforesaid, by vertue of this writ of the assent of the same County in the place of R O. within named, who deceased is, I have chosen a Coroner, viz. J M. who (as the manner is) hath taken his oath corporall, that he will do and keep those things which to the office of Coroner in the Country aforesaid, belong to be done, as within, &c.

The Return of the Writ of Exigent.

§

BY vertue of this Writ to me directed, at my County held at the Castle of Y. in the County of Y. within written, on Munday, &c. the year, &c. within written, J C. and the rest of the defendants within named (if there be above two in the writ) first were exacted and appeared [Page] not at my County of Y. there holden on Munday, &c. the year aforesaid; the aforesaid J C. and the rest of the Defendants within named the second time were exacted and appeared not at my County of Y. there holden on Munday, &c. the year aforesaid the aforesaid J C. and the rest of the defendants within named the third time were exacted and appeared not at my County of Y. there held on Munday, &c. in the year aforesaid the aforesaid J C. and the rest of the Defendants within named, the fourth time were exacted and appeared not at my County of Y. there held on Munday, &c. in the year aforesaid the aforesaid J C. and the rest of the Defendants within named the fifth time were exacted and appeared not, And therefore J C. and the rest of the Defendants within named by Judgment of J W. and W R. Gent. Coroners of the Commonwealth of the County aforesaid, according to law and custome of the Common wealth of England outlawed are, and every of them is Outlawed.

J B. Esquire, Sheriff.

[Page]

Betwixt two Sher.

By vertue of this writ to me directed, at my County held at Y. in the County of Y. within written on Munday, &c. the year, &c. within written, the said J R. within named first exacted was and appeared not, this Writ, so above Indorsed to me delivered was by J B. Esquire, late Sheriff of the County within written, my next predecessor, in his going out from his office, as above upon the back of this writ; And at my County, &c. as before.

This writ so above Indorsed,Or thus. together with the writ of Oliver, Lord Protector of &c. of Supersedeas to it annexed to me delivered was by J B. Esquire late Sheriff of the aforesaid County, my next predecessor.

If it be against a woman, she cannot be said to be outlawed, (for the reasons I shewed before) but waived, so that the latter part of the return must be thus, viz.

Therefore according to Law and custome aforesaid B D. waived is.

By vertue, &c. at my County,Defect of the Coroner. held on Munday, &c. the said year, &c. [Page] within written, the aforesaid T C. the fifth time exacted was, and appeared not, and for defect of N B. and R C. Coroners of the County aforesaid further thereupon to prosecute I could not.

Defect of the County.By vertue, &c. and at my County, &c. and that there were not more Counties in the County aforesaid held, from the day of the receit of this writ, to the day of the return of the same, wherefore nothing done is at present. Or thus,

And therefore in the Execution of this writ farther to be done, nothing acted is.

Supersedeas.By vertue, &c. at my County aforesaid held on Munday, &c. in the year &c. within written, the aforesaid C D. the fourth time exacted was, and appeared, and brought forth to me, the writ of his Highness the Lord Protector, &c. of Supersedeas which to this writ annexed is: wherefore the Execution of this writ farther to be done, I have superseded altogether.

Or thus.As in the foresaid writ of his Highness [Page] the Lord Protector, &c. of Supersedeas, to me is commanded.

As to exact, take Outlawed,Or thus. or at all molest the within named J R. by vertue of this writ, to the Justices, &c. within written; at the day and place within contayned I certifie, that by vertue of a certain other writ of his Highness, &c. to me directed to this annexed, I have superseded altogether, as by that writ to me is commanded.

And besides J S. who hath rendred himself to the prison of,Rendred himself. &c. of the Castle of Y. whose body before the justices within written, at the day and place within contained ready I have, as this writ exacteth and requireth. And besides J C. who dead is,Dead. will not appear, therefore by Judgment,Waived. &c. and the aforesaid T C. waived is in presence of T R. and F W. Coroners of, &c. of the County aforesaid.

At the County,Languid. &c. 1, 2, 3, 4. exacted he was, and hath appeared, and rendred himself to the prison of, &c. of the Castle of Y. where so sick he is, [Page] than for fear of Death him before the Justices within written, at the day and place withing contained, have I cannot.

The Return of the writ of Proclamation.

BY vertue of this writ to me directed at my County of Y. held at the Castle of Y. within written on Munday, &c. the year, &c, within written, the first time to be proclaimed I caused; and at my County of Y. held at the Castle of Y. aforesaid, in the said County of Y. on Munday, &c. the year, &c. within written, the second time to be proclaimed I caused; as also' at the Generall Session of the Peace held at Skipton for the West-Riding of the said County, within writen, Thursday, viz. the twelfth day of September aforesaid the year, &c. within written, publiquely to be proclaimed I caused, that J C. and all other the Defendants within named, themselves, to render to the within Sheriffs of L. so that [Page] the same Sheriffs have their bodyes before the Justices within written, at the day and place within contayned; as this Writ exacteth and requireth.

Of Processe in this Court.

PRocesses of this Court, are either Originall issuing out before Judgment: Or Judiciall issuing out after Judgment. Originall is a Distring as, or County warrant, &c. Judiciall processe is onely a fierifacias, or Execution, directed to the Bayliff, to levie the debt or damages, and cost of suite recovered, of the goods and chattells of the defendant, or of the plaintiff, if he be Non-suite.

And first of the Originall Processe, viz. Distring as, or County warrant; which is a precept issuing out for a debt under fourty shillings. Its form is as followeth.

§

Yo. ss.

J. B. Esquire, Sheriff of the said County,

to all and singular my Bayliffs within the said County, and their Deputies greeting.

Commanding you, and every of you, that you distrain [Page] R B. by his goods & chattells within the said County, so that he be and appeart at the next County Court to be holden at the Castle of Y. upon Munday the tenth day of July, to answer unto S D. in an action of debt. And that you then and there certifie your doings herein.

Sealed with the Seal of my office the sixteenth day of June in the year of our Lord 1656.#

By the Sheriff.

If the Defendant do not appear the next Court after the Distring as executed; then farther processe issueth out against him viz. a Duces tecum to cause him to appear. If not upon the first Duces tecum, he appear, you may have an al. Duces tecum, and a plur. Duc. tec. ad infinitum, until he appear, and no other remedy here. The form is thus.

§

Duc. tec.

Y. ss.

J B. Esquire Sheriff, &c.

to all &c. greeting

I command you and every of you jointly and severally, that you bring with you, and have at the Castle of Y. at my next County Court, all those goods and chattells [Page] of R B. which late by vertue of another precept of mine to you first directed, you distrain at the suit of S D. and that you farther distrain the said R B. by his other goods and chattells in the said County, so that he be at the Castle of Y. at my next County Court to be holden on Munday the, &c. to answer to the said S D. in a Plea of debt. And have you then and there this precept.

Given under the Seal of my Office the twentieth day of July in the year, &c.#

If you have your Distring as, or Duc. tec. speciall. Then thus,

J B. Esquire Sheriff of the County aforesaid,Special. to all my Bayliffs and their deputies in and through the County aforesaid; more especially to J B. and R S. my Bayliffs in this behalf, specially deputed, greeting, &c. then proceed on as in the former.

[Page]

Of the Writ of Justicies.

THIS Writ issues out of the Chancery, directed to the Sheriff, giving him power to hold Plea in this Court, in actions for fourty shillings or above. It is called a Justicies, because it is a Commission to the Sheriff to do a man Justice and right, and requires no return, unlesse the action be removed by Recordare, & then the Writ must be returned together with the Record. The forme of the precept upon the Writ is as followeth.

§

Yo. ss.

G M. Esquire, Sheriff of the said County

to all and singular my Bayliffs within the said County, and to their Deputies greeting.

By vertue of writ of Justicies of Oliver Lord Protector, &c. to me directed: I command you and every one of you jointly and severally, that you or some of you do Justice to J C. so that he be and appear at my next County Court to be holden at the Castle of Y. on Munday, &c. to answer unto E L. in an action of Debt, and that you or [Page] some of you certifie your doings herein.

Sealed with the Seal of my Office the &c.#

A Replevin.

IF any goods be taken wrongfully, (as before I have more largely declared unto you,) then the partie grieved, may have a Replevin, which must be made after this manner.

§

Yo. ss.

G M. Esquire, Sheriff, &c.

to all and every my Bayliffs, &c. greeting.

Because G A. hath comed before me, and given sufficient security to prosecute his suite, and make return of his goods if return thereof shall be adjudged. Therefore by vertue of my office, I command you, and every of you, that you or some of you Replevie and deliver to the aforesaid G A. two kine, which H H. hath taken and unjustly detained against the said G A. and his pledges, and also that you summon, and take safe pledges of the said H H. so that he be and appear at the Castle or Y. at the next County Court, there to be [Page] holden upon Munday &c. to answer the aforesaid G A. in an action for the taking, and unjust detayning of his said goods: and that you or some of you then & there make return of your doings, together with this precept.

Given under the Seal of my Office &c.#

And if the Cattell be not delivered by vertue of the said Replevin, then the Plaintiff may have an Alias Replevin, with these words, vel causam mihi signific. which Replevin must be made after this manner.

§

Alias Repl.

G M. Esquire, &c.

to all & singular my Bayliffs, &c. greeting,

because G A. hath comed before me, and given sufficient security to prosecute his suite, and make return of his goods, if return thereof shall be adjudged. Therefore by vertue of my office I command you, and every of you, as formerly I have commanded you, that you, or some of you Replevie, and deliver to the aforesaid G A. two kine, (without delay you cause to be replevied, or the cause to me you signifie werefore my Mandates to you therefore directed execute you would [Page] not, or might not,) which H H. hath taken and unjustly detained, &c. as before in the other Replevin.

And if the cattel be not delivered upon this Replevin, nor shew sufficient cause why he did not: then the partie may have a Plures Repl. velcausam mihi signif. which must be made verbatim as the alias repl. was made; and if return be made upon any of these Replevins, quod averia olongat. sunt ad loca sibi ognot. Ita quod averia ill' pref: G. A. non potuit deliberar. then the Plantiff may have a Withernam, which must be made in this manner.

§

[...] Withernam.

G. M. Esq &c.

to all, &c. greeting▪

because G. A. hath comed before me &c. (as in the former) I command you and every of you, as diverse times I have commanded you, that you or some of you, replevie and deliver to the said G. A. two Kine which H. H. hath taken and unjustly detained, and doth unjustly detain as it is said, and that you upon diverse my precepts for replevie to be made to you directed, me hath certified, that the same [Page] two Kine elongated are to places to you unknown, so that view of the same have you could not; therefore I charge, and also command, that you take in Withernam chattels to the value of the said two Kine, of the chattels of the said H. H. to be delivered to the foresaid G. A. for the two Kine aforesaid elongated, and also that you summon and take safe pledges of the said H. H. so that he be and appear, &c. as before in the Replevin.

§

Al' capias in Withernam.

G. M. Esq &c.

to all, &c. greeting.

Because you have at my County Court held at the Castle of Y. on Munday, &c. the year &c. to me returned: that by vertue of my warrant to you many times directed, you came to the pound of H. H. to the place where the two Kine aforesaid impounded and detained were by the said H. H. and these two Kine going and elongated were before your coming out of the pound aforesaid, to places to you unknown, by the aforesaid, H. H. for which the two Kine aforesaid, replevie you could [Page] not; Wherefore it is considered by the Court, willing to meet with the mailce of him the said H. H. that the beasts of the said H. H. be taken in Withernam to the value, &c. and these to the foresaid G. A. be delivered safely and surely to be kept, untill to the same G. A. his beasts aforesaid, according to Law you can replevie, and according to the tenor of my mandate aforesaid. Therefore you and every of you, joyntly and severally I command that you take or. &c. the beast of the aforesaid H. H. to the value, &c. in Withernam, and those to the aforesaid G. A. to to be delivered you cause, or, &c. safely and securely to be kept untill, &c. and distrain you, or, &c. the aforesaid H. H. so that he be at the Castle of Y, at the next County Court to be held on &c. to answer the aforesaid G. A. the Plea aforesaid, and the answer of this my precept known make you, &c. at the next Court,

given under the seal of my Office, such day and year, &c.#

Note that when a Replevinis granted,Notae. [Page] there must be a bond taken of him to whom it is granted, or of some other for him, with one or two sureties, to appear at the next Court, and to prosecute his suit with effect, or else it may be prejudiciall both to the granter of the Replevin, and to the executioner thereof: and the form of that bond, and condition thoreof is this.

§

An Obligation upon a Replevin.Know all men by these presents, that we G. A. of Skipton in the County of Y. gent. and I. B. of the same Town and County yeoman, am held and firmly obliged to G. M. Esq Sheriff of the County aforesaid, in the summe of 100 l. of lawfull money of England, to be paid to the said G. M. or his certain Atturney, his Executors or Assigns, to which payment well and truely to be made, we bind us our Heirs, Executors, and Administrators, firmly by these presents, with our seals sealed,

Dated the 10th. day of July in the year of our Lord 1656.#

The condition.The condition of this Obligation is such that if G. A. do appear at my [Page] next County Court to be holden for the County of Y. at the Castle of Y. on Munday the, &c. next, and do prosecute there with effect his suit which he hath commenced against H. H. for the taking and unjust detaining of two Kine, of the goods of him the said G. A. and do make return of the goods, if return of the same shall be adjudged: that then this present Obligation shall be void and of none effect, &c.

The condition,Or thus. &c. that whereas G. A. hath obtained from the above-named Sheriff, a Replevin for the delivery of two Kine and other goods distrained, and detained by H. H. and others, if therefore the said G. A. do prosecute his suit upon the said Replevin with effect, and do make return of the goods, if return thereof shall be adjudged; and also do save and keepe harmeless the said Sheriff, by reason of the said Replevin, to him granted as aforesaid, that then this &c.

[Page]

A Tolt.

TOlt, comes from the Latin word tollo, viz. to take away: It is a precept by which a cause depending in a Weapentack Court, or other inferiour Court Barron, may be from thence removed into this Court; The form is this.

§

Yo. ss.

I. B. Esq Sheriff of the County aforesaid,

to the Steward, and also to the Bayliff of the Hundred, of H. greeting;

Whereas I am informed that you are favourable, and not equall in a certain plaint, depending before you in your Court, between W. A. Plaintiff and R. M. Defendant: therefore on the behalf of his Highness the Lord Protector, and by vertue of my Office, I command you, and either of you, that you take the plaint so depending before you in your Court between the said parties, so that I may have the same at my next County Court, to be held at the Castle of Y. on Munday &c. next in the same state and condition, as it is [Page] now depending before you: and that you give notice to the said parties of the same day, that they may be there ready to prosecute the said plaint, as to justice and right shall appertain, and that in further prosecution of the said plaint in your Court: you altogether supersede, and no further proceede therein, and this, &c even under the seal of my Office the, &c.

The. return

Hundred of H. ss. At the Court Barron, holden at W. within the Hundred of H. upon Wednesday the last day of July the year, &c. in the time of I. B. Esq Sheriff of the County aforesaid.

W. A. Plantiff, complains of R. M. Defendant in a plea of Debt,The Plaint. damages xx.

By vertue of this precept to us directed, to be recorded and taken, we have caused the plaint depending before us in our Court, betwixt the parties above named, and in the same state and condition, as it is now depending; and to the same parties we have prefixed and given notice, that they be at the County Court [Page] within written, at the day and place within mentioned, to prosecute the said plaint, as to justice and right shall appertain, and as this precept exacts and requires; In testimony whereof we have hereunto set our hands and seals, &c.

I.S. Steward.

T.L. Bayliff.

Judiciall Process.

JUdiciall Process issues out after Judgment, either by default, or nihil dicit against the Defendant; Non-suit against the Plantiff: The form of Judiciall Process, or a fieri facia [...] is this.

§

Yo. ss.

I. B. Esq Sheriff, &c.

to all and singular my Bayliffes, &c. greeeting.

I command and you and every of you, joyntly and severally, that of the goods and chattels of T. B. you or some of you cause to be made, as well a certain debt of 30s. which H. S. in my County Court hath recovered [Page] against him; as also 13 s. and 10 d. which to the said H. S. in the same Court were adjudged for his costs and charges about his suit in this behalf expended, and have you the money at the Castle of Y. at my next County Court, there to be holden upon Munday, &c. to render to the said H. S. of the debt and damages aforesaid: whereof he is convict, and this given under the seal of my Office, &c.

§

I. B. Esq Sheriff &c.

to all and singular my Bayliffes, &c. greeting.

Fi. fa. against an Executor.

I command you and every of you, joyntly and severall, that you or some of you levie of the goods and chattels which late were W. W. deceased at the time of his death, and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of as well a certain debt of forty ponnds, which T. L. in my County Court, by vertue of a writ of Justices recovered against him: as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages, which he [Page] sustained by reason of the detaining of the said debt; If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hands, which were the said W. W. at the time of his death, sufficient to satisfie the debt and damages aforesaid: If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid; That then you or some of you, levie of the proper goods and chattels of the said I. W. the damages and costs aforesaid, so that I may have the said moneys at my next County Court, to be holden at the Castle of Y. &c. to render to the said T. L. the debt and damages aforesaid, whereof he is convict▪ and this given under the seal, &c.

§

Fi fa. for costs upon a non-suit.

I. B. Esq &c.

to all and singular my Bayliffes, &c. greeting.

I command you and every of you, that of the goods and chattels of T. O. you levie 20 s. which S: D. in the County Court, (according to a Satute [Page] provided in that case) were adjudged for his costs and damages, which he sustained in his own defence, in a certain plea of debt, which the said S. D. against the said T. O. of late brought, because the said T. O. did not prosecute his suit, but was thereupon non-suited and convicted: so that I may have the money at my next County Court at the Castle of Y. holden on Munday &c. next to satisfie the aforesaid S. D. of his costs and damages aforesaid; and this, &c. given under the seal of my Office, &c.

§

I, B. Esq &c.

to all,

Fi. fa. upon a Verdict for the Defendant.

&c. greeting.

I command you, that you of the goods and chattels of T. C. you levie 40 s. which to P. P. in my County Court, were adjudged for his damages which he sustained in his own defence, in a Plea of debt, by the said T. C. against him the said P. P. lately brought, whereof the said P. P. was quieted, and by verdict of his Countrey, whereof the said T. C. was convict: and have you the moneys at my next County Court, to be holden [Page] at the Castle of Y. on. Munday, &c. to satisfie the said P. P. of his damages aforesaid, and this, &c.

given under the seal of my Office, &c.#

Of a Scire facias.

IF a Fieri facias doe not issue our within a year and a day, after Judgment entered; it cannot be had, till there be a Scire facias first sued out, to summon the Defendant to shew cause why execution should not be done, and if now he neglect to answer, or cannot be found to be summoned, then a second Judgment shall be given, that that Execution be done on the first Judgment.

If Judgment be given against a Testator, albeit it be within a year after the Judgment had, yet there must first issue out a Scire facias, against the Executor or Administator (before Execution) to shew cause why it should not be had.

Or if a man recover against a woman sole, and she become covert, viz. take a husband within the year [Page] and the day: then he that shall recover must have a Scire-facias against the husband.

Scire facias, post diem & annum.

Yo. ss.

J. B. Esquire Sheriff, &c.

greeting.

Whereas W. F. of late in the Court of the aforesaid County, by Judgment in the said Court, of the County aforesaid, held at the Castle of Y. on Munday the tenth day of Febr. 1654, before the Suitors of the said Court, recovered against G L. aswell a certain debt of xxxij s. which the said W F. in the same Court, recovered against him, as 13 s. and 10 d. which to the said W F. in the same Court was adjudged for his damages which he sustained by the occasion of the detaining of the debt, of which he is convicted. For as by the proceedings from thence in the same Court residing, notwithstanding the manifest Execution of the aforesaid Judgment remaines to be done as by insinuation, the aforesaid W F. [Page] hath recovered. And because that I will that those things which were in the said Court be rightly done to demand due of the said Judgment. Therefore I command you, that by honest and lawfull men of my Bayliwick, you give notice to the aforesaid G L. that he be at the Castle of of Y. at my next County Court, there to be holden upon Munday the third day of May next to shew if he have any thing to say, or no, why the said W F. ought not to have his levie or execution against him according to the force, form and effect of the said recovery, if it seem expedient to him, and have you then and there the names of them, by whom you give him notice, and have this precept, &c.

Given under the Seal of my office the fourth day of April, in the year of our Lord 1656.#

[Page]

Scire facias against an Executor, after Judgment against the Testator.

Yo ss.

I. B. Esquire Sheriff &c

greeting.

Whereas N. N. late in the County Court of the said County held at the Castle of Y. on Munday, &c. before the then Sheriff of the said County, by Judgment of the said Court had recovered against N N. as well a debt of fourtie pounds, as twenty two shillings and two pence costs, for his damages which he sustained by reason of the detaining of the said debt; wherefore he is convict, as appears by the procedings remayning in the said Court. And whereas the execution of the said Judgment yet remaineth to be done, and the said N N. since the giving of the Judgment aforesaid is dead, as by the intimation of the said R. I am informed. And because I am willing that those things, which are rightly done in the said Court, should be duly put in Execution; I command you that by honest and lawfull men of the said [Page] County, you make it known to F N. Executrix of the Testament of the said N N. that she be at the next County Court to be holden for the said County at the Castle of Y. on Munday, &c. to shew if she have any thing, or know what to say, why the said R. ought not to have his Execution against her of the debt and damages aforesaid, to be levied of the goods and chattells which were of the said N N. at the time of his death, and further to do and receive &c.

Given under the Seal of my Office, &c.#

Venire facias.

Yo. ss.

J. B. Esquire, Sheriff of the County aforesaid

to the Bayliff of the Hundred of O. or his Deputie greeting.

I command you, and every of you, that you cause to come before me, or my lawfull Steward, by me appointed for the County Court, to be holden at the Castle of Y. on Munday, &c. All those severall persons mentioned in the pannell hereunto annexed, to trie such severall issues [Page] between party and party, as shall then and there be given them in charge. And hereof you must not fail, as each of you will answer the contrary at your perills, together with this Precept.

Given under the Seal of my Office, &c.#

Or thus.

J. B. Esquire, &c.

These are to require you the said Bayliff,Yo. ss. to cause to come twelve good and lawfull men of your Bayliwick, that they be and appear at the next County Court holden at the Castle of Y. on Munday, &c. next ensuing to try an issue joyned between A B. Plaintiff, and C D. Defendant, concerning a Plea of debt. (or as the case is) And this given, &c.

Subpoena, al. dict. a Warrant ad testificand.

J. B. Esquire,Yo. ss. Sheriff of the County aforesaid,

to J. B. J. G. &c. greeting,

to you, and every of you I command, that (all excuses and delayes [Page] being set appart) you and every of you be and personally appear at the next County Court holden at the Castle of Y. on Munday the tenth day of June next to testifie the truth according to your knowledge in a certain action there depending, between A B. Plaintiff, and C D. Defendant, on the part and behalf of the Plaintiff, in an action of debt. And hereof fail you not, under the forfeiture of 100 l. each of you.

And this given under the Seal of my office the, &c.#

A Precept upon a Proclamation.

Yo. ss.

I. B. Esquire Sheriff, &c.

to the Bayliff of the hundred of B. and to his Deputies, greeting.

By vertue of a Proclamation upon Exigent to me directed, I command you and every of you, that you or some of you make two severall Proclamations. The one to be made at the generall quarter Sessions of the Peace to be holden for the North-riding of the County of Y. And the other to be made at the Parish [Page] Church after Divine service▪ where the severall persons underwritten live, and that they and every one of them yeeld their bodyes to me the Sheriff of the said County, where the exigent lyeth, to answer the person, at whose suite the Exigent is against them. And hereof fail not at your perill. Given under the Seal of my Office the 22th. day of August in the year of our Lord 1656.

At the electing of the Coroner, he is to be sworn in Court, by the County Clark, for the due Execution of his Office. In this manner.

YOu shall swear, that you well and truly shall serve his Highness the Lord Protector and the Commonwealth in the Office of a Coroner: and as one of his Highnesses Coroners of the County of Y. and therein you shall truly and diligently do, and accomplish all and every thing and things appertaining to your Office, after the best of your cunning, wit, and power, both for the profit and good of the inhabitants within the [Page] said County, taking such fees; as you ought to take by the Lawes and Statutes of this Commonwealth, and no otherwise; So help you God.

A Warrant of Atturney.
To S D. one of the Atturneys of the County Court, for the County of Y. &c.

I A B. do hereby desire you and do give you full power, license and authority, to appear for me, and for, &c. in the said Court on Munday, &c. in an action of debt, for &c. at the suite of E D. upon an Obligation conditioned for the payment of, &c. in which said Obligation I stand bound as principall. And this shall be your sufficient warrant in that behalf. In witness, &c.

A Deputation, for a Bayliff of an Hundred.

I. B. Esquire, Sheriff of the County of Y.

to all Christian people to [Page] whom these presents doth or may concern, greeting.

Know ye that I the said Sheriff, have deputed, constituted, and appointed R. D. of A. in &c my lawfull Bayliff and Deputie within the Hundred of B. in the North-Riding of the County of Y. aforesaid, to have and execute the said Office of Bayliff within the said Hundred, or elsewhere, within the said County of Y. or as occasion shall require it, during my pleasure only and no longer: and to receive and take to my use all fees as well for Distress, Attachment, and Perquisites of Courts, and other profits due and accustomed whatsoever to the said Bayliwick belonging, or in any wise appertayning; And whatsoever my said Bayliff shall lawfully execute and doe in his said Office, I do hereby warrant, ratifie and confirme, as my own act and deed.

In witness whereof I have hereunto set the Seal of my Office this seventh day of July, in the year of our Lord 1656.#

[Page]

| s. | d.
Distringas or County-warrant, | 0 | 8.
Bayliff fee for serving, | 0 | 4.
Duc. tec. | 0 | 8.
Fee to the Bayliffs for serving, | 0 | 4.
Warrant of Atturney, | 0 | 2.
A speciall Distringas, | 1 | 8.
Duc. tec. speciall, | 1 | 8
Writ of Justicies, | 2 | 6.
Precept upon the Writ, | 2 | 4.
Fee to the Bayliff for serving, | 2 | 0.
A speciall precept upon the Writ, | 4 | 4.
Warrant of Atturney upon it, | 0 | 4.
A Replevin, | 2 | 4.
The Bond, | 1 | 0.
A speciall Replevin, | 5 | 4.
Bayliffs fee for serving, | 2 | 0.
Essoyne for every name, | 0 | 4.
Drawing declaration. | 1 | 0.
Imparlance, | 1 | 0.
Coppy of the Declaration, | 1 | 0.
Answer and allowing, | 2 | 0.
Replication and allowing, | 2 | 0.
Rejoynder and allowing, &c. so of the rest, | 2 | 0.
Rule, | 0 | 4.
Default, | 0 | 4.
Non-suite, | 0 | 4.
[Page]Dividing a plaint, for every name that is divided, | 0 | 4.
Subpoena, or warrant ad testif. | 0 | 8.
Venire facias, | 2 | 0.
If tryed for the Habeas Corpora | 2 | 0.
Fee to the Bayliff, | 2 | 0.
Judgment, | 2 | 0.
Fieri facias, | 2 | 0.
Bayliffs fee for executing, | 2 | 0.
Al. fieri facias. | 2 | 0.
Scire facias, | 2 | 0.
Fee to the Bayliff for executing, | 2 | 0.
Transcript upon a plaint, | 1 | 8.
Transcript upon a Writ of Justic. | 3 | 4.
Tolt, | 1 | 2.
Precept upon an Acced. adcur. | 2 | 4.
Recordare allowing, | 4 | 0.
Pone allowing, | 4 | 10.
Writ of false Judgment allow. | 6 | 8.
Supersedeas, | 2 | 4.
Procedendo, | 2 | 0.

[Page]

The Order of Judges at the Assizes at york, 24 th. day of July, 1654. concerning Essoynes illegally returned into this Court.

WHereas of late Judgments have been surreptitiously obtained in this Court by reason of Essoynes unduely brought into the Court, by Bayliffs or their Deputies, and others, after Attachment of goods for appearance, which pretended Essoynes, being afterwards disavowed by the Defendants, have occasioned sundry complaints, and suites when the Defendants goods were taken in Execution, for preventing whereof, it is ordered upon advice and consultation had with the Judges of Assize at Y. this day,De male vener. that henceforth no common Essoyne shall be entered and allowed by the Court to save a default, unless it be warranted in writing, under the proper hand-writing, or under the hand, Seal, or mark, of the Defendant, thereby specially authorized, [Page] the partie being the Essoyner to cast such Essoyne for him, and in his name; for the truth of which subscription, or sealing, the same Essoyne is to be sworn in open Court, and no Essoyne is to be admitted, or received from henceforth being not affirmed and sworn unto, and so entered upon the back of the Warrant of Attachment, which is to remain upon the file amongst the rolls or proceedings of the Court, and if any other person (not being a Bayliff) shall be the Essoyner, he is to bring the like Warrant from the Defendant in writing as is aforesaid, and be sworn for the truth thereof, which is to remayn in Court as aforesaid; And no Judgment shall be given where there is no other appearance but an Essoyn: Unlesse the Essoine shall appear to be warranted as aforesaid.

[Page]

Some select Presidents of Declaratins and Pleadings incident and belonging to this Court. Debt.

Executor against an Executor a bill.

County Court ss.#

E. F. Executor of the last Will and Testament of J F. deceased, by vertue of a Writ of Justicies to the Sheriff of the County aforesaid directed, by J S. his Atturney complains of M W. Executor of the last Will and Testament of R W. late of T. in the County of Y. husbandman deceased, otherwise called R W. late of T. of Y. Husbandman deceased, of a Plea, that he render unto him 7. of, &c. which he unjustly detaines from him, &c. for that whereas the said R W. in his life time, that is to say, the xx th day of, &c. year, &c. at the Castle of Y. in the County of Y. and within the liberty and Jurisdiction of this Court, by his bill obligatory, [Page] sealed with his Seal, and here in Court produced, bearing date the day and year abovesaid, acknowledged himself to be indebted to the said J F. in his life time, the whole and just sum of 7 l. of &c. to be payd to to the said J F. his Heirs, Executors, Administrators, or Assignes, upon the third day of May next ensuing the date of the said bill; And for the payment thereof, the said R W. then and there bound himself, his Executors, Administrators and Assignes. Neverthelesse the said R W. in his life time, though often thereunto required the said 7 l. to the said J F. whilst he was living, hath not paid, neither hath the said M W. Executor of the last Will and Testament of the said R W. after his death, payd the same to the said E F. Executor of the last Will and Testament of the sayd J F. to which said M W.'s hands, came all and singular the goods and chattells which were the said R W.'s in his life time, sufficient to satisfie all the debts which the said R W. at the time of his death owed to any person or persons [Page] whatsoever, as also to satisfie the said E. F.'s debt; but the said R. W▪ whilst he lived refused to pay the same to the said I. F. in his life time, and the said M. W. likewise after the said R. W.'s death refused to pay the same to the said E. F. after the death of the said I. F. and still refuseth so to do, and unjustly detains the same, by reason whereof the said E. F. saith he is damnified to 10 l. and thereupon produceth this suit, &c.

And the said E. F. produceth here in Court, the said letters testamentary, by which it appears the said E. F. to be Executor of the last Will and Testament of the said I. F. deceased &c.

Upon a Bill to be paid at the day of marriage, and issue upon it.

Yo. ss.#

T. N. and E. his wife, Administratrix of the goods and chattels which were of I. B. deceased, complains by S. D. his Atturney of I. H. of C. in the said County gent. of a Plea [Page] that the render unto them 5 l. which he unjustly detains, &c. for that whereas the said I. H. (such a day year and place) by his certain bill Obligatory, with his seal sealed, and here in Court produced, the date whereof is the same day and year; For and in consideration of one Gold-ring, with a certain Stone call'd a Diamond, in the same Ring fixed of the aforesaid. T. B. in his life time received the day of the making of the aforesaid bill, did acknowledge and grant, to and with the aforesaid T. B. in his life time, that he the said I. H. his Executors or Assigns, would pay or cause to be paid to the aforesaid T. B. his Executors or Assigns, for the same Ring (at such a day and time as he the said I. H. should be wedded or married: or at any other time after his marriage, whensoever he should be required by the aforesaid T. B. his Executors, or Assigns, or by him that should bring the said bill, the said summe of 5 l. to his or their use, the aforesaid time to be paid: And the same T. N. and [Page] E. in fact say, that the aforesaid I. H. after the making of the said bill, (to wit, such a day, year, and place) within the Parish Church of H. did take to wife one I. D. by which the action did accrew unto the said T. R. in his life, and to the said E. after the death of the said T. B. whilst she was sole, and to the said T. N. and E. after espousalls between them celebrated: to require and have of the aforesaid I. H. the same 5 l. yet the aforesaid I. H. although often required the aforesaid 5 l. to the aforesaid T B. in his life time, or to the aforesaid E. whilst she was sole, to whom the administration of all the goods and chattels which were of the aforesaid T B. the time of his death (such a day, year▪ and place,) was committed, or to the aforesaid T. N. and E. after espousalls between them celebrated, hath not rendred, but the same to render to them hath denyed, and the same to them the said T. N. and E. as yet to render doth denie, and unjustly detain, whereupon they say they are damnified, and have [Page] damage to the value of 10 l. and thereupon they bring their action, &c. And they bring into Court here the letters of Administration, &c.

The Defendant pleads that he was within age at the time of the making of the Bill.

ANd the aforesaid I. F. by R. B. his Atturney,Yo s [...]. comes and defends the force and jnjury when &c. and saves that the aforesaid N. and E. ought not to have their action aforesaid against him, because he saith that he at the time of the making of the Bill aforesaid, was within the age of one and twenty years, and this he is ready to aver, whereupon he demands Judgment, whether the aforesaid T N. and E. ought to have their action aforesaid against him, &c.

[Page]

Replication.

Yo. ss.#

ANd the aforesaid T N. and E. say, that they by any thing before alledged, ought not to be debarred from having their action aforesaid against the said J H. because they say, that the aforesaid J H. at the time of the making of the bill aforesaid, was of the full age of one and twenty years, and not within age, as the aforesaid J H. hath above alledged, and this they pray may be inquired of by the Countrey; And the aforesaid J H. in like manner: Therefore, &c.

Ʋpon retainder for shooing of horses, &c.

Yo. ss.#

A. B. by S D. his Atturney complains of C D. of a Plea &c. for whereas the aforesaid C D. (such a day and year) at S. &c. retained the said A B. to set on upon horse feet, of the [Page] aforesaid C D. fourty new Horse-shoes, and to remove fourty Horse-shoes, and to mend one paire of plow-Irons, and to make one fire-shovell, to take of the said C D. for the setting on of the aforesaid fourty new Horse-shoes, and fourty romoves, xxi s. and so of the other parcell to contract to be paid to the said A B. when he should be thereunto required, by vertue of which retayner, the said A B. the said fourty new Horse-shoes, and fourty removes upon the Horse-feet of him the said C D. did set on, &c. by which action acrewed, &c. Hil. 37 Eliz. Rot. 517.

Ʋpon an account.

County Court ss.#

E B. complaines of T A. of a Plea, that he should render unto him 12 l. of &c. which she owes, and unjustly detaines from him, for that, whereas the third day of May, 1651. at, &c. the said E B. and the said T A. accompted together, for and concerning diverse smms of money, then and [Page] before that time due, and owing, by the said T A. unto the said E B. And upon that account, the said T A. then and there did acknowledge himself to be in arreare and owing unto the said E B. the sum of 12 l. to be payd unto the said E B. when he the said T A. should be thereunto requested. Yet notwithstanding, &c.

Money lent by joynt partners for a certain time, and to be payd to the Survivour.

Yo. ss.#

R. K. by, &c. complaineth of W A. Upon a Plea that he render unto him xx s. of lawfull English money, which he oweth unto him, and unjustly detayneth, &c. For that whereas the last day of February 1651. at the Castle, &c the said R K. and one R W. now deceased, being joynt partners of moneys and other commodities; did lend unto the said W A. 3 l. of lawfull, &c. to be paid to them or the Survivour of them on Easter Monday then next following; of which said 3 l. the said W A. payd to [Page] the said R K. and R W. in his life time the sum of fourty shillings, and there then remayned unpayd the sum of xx s. since which, and about the Nativity of Christ 1652. the said R W. dyed, and the sayd R K. him survived, whereby action doth a crew to the said R K. alone to have and demand of the said W A. the said xx s. Notwithstanding the said W. A. though often thereunto requested the said xx s. to the said R K. hitherto hath not rendred, but the same to render hitherto hath refused, and yet doth refuse, whereupon the said R K. saith, that he is worse, and hath damage to the value of xxxix s. and xi i, And thereupon produceth this suite. &c.

For Rent in arreare.

Yo. ss.#

R. M. by, &c. complaines of H D. of a Plea that he render unto him xxx s. of, &c. which he owes unto him, and unjustly detaines from him. For that the said R. M. the tenth day of Apr. year, &c. at the Castle, &c. demised, granted, and to farme [Page] let unto the said H D. one Cottage or dwelling house, one garth, and foure acres of arable land, Meadow or Pasture, with the appurtenances be they more or lesse lying and being at W. in the County aforesaid, to have and to hold the said Cottage or dwelling house, garth, and arable land, Meadow or Pasture with the appurtenances, unto the said H. D. and his Assignes, from the Annunciation of the blessed Virgin Mary commonly called Lady day, then last past, for and during the terme of three years then next following, fully to be compleat, finished and ended, yeelding and paying therefore yearly rent, for the said promises to the said R M. for the first year of the said three years, the rent of 3 l. present money, and in Land to be payd to the said R M. and 3 l. 10 s. of &c. yearly to be payd to the said R M. for the other two years residue of the said terme, at the feast of St. Michael the Archangell, and the Annunciation of the blessed Virgin Mary, by even and equall portions. By vertue of which demise, the said [Page] H D. entred into the said Cottage or dwelling house, and was and still is possessed of the same: and because xxxv s. for the half year rent ended at the feast of St. Michael the Archangell, in the year, &c. is in arreare and unpayd unto the said R M. therefore an action doth accrew to the said R M. to have and demand of the said H D. the said xxxv s. Neverthelesse the said H D. although he hath been often required the said xxxv s. the same to the said R M. he hath hitherty denied to restore and pay, and as yet doth deny to restore and pay; to the damage of the said R M. of xxxix s. And therefore he brings this suite, &c.

For Servants wages.

County Court. ss.#

A W. by, &c. complaines of R S. of a Plea that he render unto him xxiiii s. of &c. which he owes unto him & unjustly deteyns from him. For that whereas the said J D. that is to say, the day, year, &c. at the Castle, &c. retayned the said A W. to serve [Page] the said J S. in the place of a man-servant, till the feast day of St. Martin the Bishop in Winter, then next to do and execute the lawfull occations, and commands of the said J S. by the time aforesaid, paying therefore the said A W. xiid. of, &c. which the said J S. then and there payd to the said A W. and also xxiiii s. more of, &c. for his sallary, during the said time, at the said feast of St. Martin in the year, &c. aforesaid. And the said A W. in fact saith, that he according to the said retainder, did serve the said J S. in the place of a man-servant, and did, and executed the lawfull commands, and occasions, of the said J S. by the time aforesaid, and that xxiiii s. for his salary for his said service by the time aforesaid, due at the feast of St. Martin the Bishop, in Winter, [...] the year &c. above mentioned, is yet arreare and unpayd by the said J S. to the said A W. by which an action accrews to the said A W. to have and require of the said J S. the [...]d xxiv s. Nevertheless the said J S. [...]hough often required, &c.

[Page]

For not setting forth of Tythes.

Yo. ss.#

R. H. Farmer of all and singular, the tythes of hay growing within the parish of F. in the County of Y. by vertue of a Writ of Justicies, by R N. his Atturney) complaines of T W. upon a Plea that he render to him 6l. of, &c. which he oweth to him & unjustly detaines. For that whereas the said T L. the day, year, &c. at F. aforesaid, in the County aforesaid, &c. was possessed and occupied of and in four acres of Meadow in F. aforesaid, and Parish aforesaid, and being so possessed, he the said T W. did then and there cut down the grasse growing in and upon the said four acres of Meadow, and two loads of hay there, coming to the value of 40 s. then and there did take and carry away, before he the said T W. had set out, and severed the tythes, or tenth part thereof from nine parts of the same, or agreed for the said tythes, or tenth part thereof which the said R. against the form of the Statute in the [Page] fifth year of E. 6. in such like case made and provided. Whereupon action doth acrew to the said R H. to have and demand of the said T W. the said 6 l. (that is to say) the treble value of the said hay so carryed away. Yet Notwithstanding the said T W. though often requested, &c.

Upon an award.

R. H. by vertue, &c. by E B. his Atturney doth complain of H S. of a Plea that he render to him 10 l. of, &c. which he oweth him, and unjustly detayneth, &c. For that whereas as the xxvth day of A. in the year, &c. at the Castle, &c. it was concluded & agreed betwixt the said H S. on the one partie, and the said R F. on the other partie, that they and both of them should stand and abide, the order, dome and Judgment of J D. and M L. of all and every the suites, troubles, differences, debts, trespass or whatsoever hath formerly been in any kinde of dealing betwixt them two from the beginning of the world, [Page] to the day of the date of the said writing, being the said 25. day of A. or else one or either partie not standing thereto, to forfeit to the other parties the sum of 10 l. of, &c. And for confirmation thereof, they did both of them set to their hands and seales the day and year first above written, at the Castle aforesaid, &c. as by the writing thereof, (ready to be shown to this Court) may appear. And whereas afterward, that is to say, the day, year, &c. at the Castle, &c. the said J D. and M L. taking upon them the charge of the premises, by their order in writing, bearing date the same day and year, last above mentioned, and here in Court to be shown, did arbitrate, order and award, that the said R F. should deliver to the said H S. one parcell of starch then into the hands of the said R F. and the bag wherein the starch is put affirmed to be the goods of the said H S. upon the sight of the said Order. And further, they did thereby order and award, that the said H S. should pay or cause to be payd to the said [Page] R F. upon the sight of this order the sum of fifty shillings of, &c. And that all those suites, debts, trespasses, or debates whatsoever from the beginning of the world untill the said 25th day of A. the year, &c. should utterly cease, and have an end; or else the partie not standing to the same to forfeit as in the said Order is expressed, the sum of 10 l. as by the said award sealed the said day, year, &c. by the said Arbitrators, and here in Court ready to be shown, may appear. And the said R F. in fact saith, that though he hath performed all things in the said award, on his part to be performed: yet the said H S. hath not performed any thing in the said award on his part to be performed. And namely for that the said H S. hath not payd to the said R F. upon the sight of the said Order, being the day, year, &c. at the Castle, &c. the sum of 50 s. of, &c. whereby action doth accrew to the said R F. to have, and demand of the said H S. the said 10 l. The said H S. notwithstanding, though often thereunto requested [Page] the said 50 s. to the said R F. hath not yet payd, but the same to pay sc.

For Atturney's Fees.

Yo. ss.#

R A. Gentleman, &c. by T S. his Atturney doth complain of W P. of a Plea, that he do render unto him 1 l. 17 s. 2 d. of, &c. which he doth owe unto him, and unjustly detaines from him; For that whereas the said W P. the day, year, &c. at the Castle of Y. &c. did retayn him the said R A. to be the Atturney of him the said W P. in the County Court holden at the Castle of Y. in the County of Y. before the suitors of the same Court to prosecute as the Atturney of him the said W P. for him the said W P. in a certain action, in the name of him the said W P. against one T C. of a Plea of Debt, from the said day and year, &c. so long as should please both parties, taking for his fees and paines in that behalf sustayned every Court day, in which he the said R A. should be the [Page] Atturney of him the said W P. in the said cause 2 s. of lawfull, &c. besides his other reasonable charges▪ and expenses by him the said R A. in and about the prosecution of the said action to be layd out. By vertue of which said retainer the said R A. was the Atturney of him the said W P. for eight Court dayes then next following; and that he did lay out to the Clark and other offices of the said Court, in and about the prosecution of the said suite 1 l. 1 s. 2d. of, &c. which together with the 16 s. for his fees for the said Court dayes, doth in all amount to 1 l. 17 s. 2 d. of &c. By reason whereof an action doth accrew to the said R A. to have and recover of him the said W P. the said 1 l. 17 s. 2 d. yet the said W P. although often requested the said, &c. to the said R A. he hath not rendred; but to render the same to him he hath altogether hitherto refused, and doth yet refuse: to the great damage of him the said R A. Whereupon he saith, that he is damnified, and hath damage to the value of xxxv s. And thereupon [Page] he brings this suite, &c.

§

For Coales promising to pay so much as they should reasonably be worth.

I I. by &c. complaines of R R. of a Plea of trespars upon the case, &c. for that whereas the said R R. the day, year, &c. at the Castle, &c. In Consideration that the said J J. at the request of the said R. R. had bargained and sold unto the said R R. eleven wains loads of coales; he did assume upon himself, and to the said J J. then and there faithfully promise, that he the said R R. so much as the said eleven wain loads of coales should be reasonably worth unto the said J J. when he should be thereunto requested would well and faithfully pay and content. And the said J J. in fact saith, that the said eleven wain loads of coals was reasonably worth xxxiii s. of &c. Yet notwithstanding the said R R. not regarding his promise, and assumption aforesaid, but subtilly and [Page] craftily intending to defraud and deceived the said J J. in the premises, although he hath been often requested the aforesaid xxxiii s. unto the said J J. he hath not payd, but the same unto him to pay altogether hitherto he hath refused, and as yet doth refuse, contrary to his promise and assumption aforesaid; to the great damage of the said J J. wherefore he saith, he is worse, and hath damage to the value of xxxix s. And thereupon produceth suite, &c.

For a Horse sold warranted to be sound.

Yo. ss.#

W. M. by R B. his Atturney, complaines of R K. of a Plea of trespass upon the case. That whereas the said W M. the day, and year, &c. at the Castle, &c. did buy of the said R K. one black gelding for 5 l. of, &c. he the said R K. then and there did warrant the said Gelding to be whole, sound, and not infected with any disease or infirmitie: And the said W M. in fact [Page] saith, that the said Gelding was then so infected with the glaunders, and divers other diseases and infirmities, as the said Gelding was nothing worth to the said W M. to the damage of the said W M. of xxxix s. And thereupon he brings this action, &c.

For a Horse lent promising to redeliver him, &c.

Yo. ss.#

J. R. complains of J A. of a Plea of trespass upon the Case, &c. That whereas the said J A. the day, year, &c. at the Castle, &c. In consideration that the said J R. then and there at the instance and request of the said J A. had lent and delivered unto the said J A. one Bay Nag of the price of 6 l. to be redelivered to the said J R. when after that he should be thereunto requested, the said J A. assumed upon himself, and to the said J R. then and there faithfully promised, that he the said J A. the said Bay Nag unto the said J R. when after he should be thereunto requested, would faithfully [Page] restore and deliver, and also xiid. of, &c. for every day wherein the said J A. should labour or ride the said Nag, to the said J R. when after that he should be thereunto requested, well and faithfully would pay & content. And the said J R. in fact saith, that he the said J A. fourty dayes did labour or ride the said Nag. Nevertheless the said J A. his promise and assumption aforesaid not regarding, but craftily and subtilly intending, to defraude and deceive the said J R. in the premises, although the day, year, &c. abovesaid, as also at diverse dayes and times after that, and before the Commencement of this suite, at the Castle, &c. he hath often been requested to deliver the said Nag, to the said J R. But the said Nag to restore or deliver, to the said J R. he hath not delivered, and the same to restore or deliver he hath altogether refused, and yet doth refuse, no nor fourtie shillings for the labour or hire of the said Nag, the said fourty dayes, to the said J R. hath not paid, but the same to pay he likewise hath refused, and [Page] still doth refuse, contrary to his promise and assumption aforesaid, to the great damage of him the said J R. of, &c.

For Adgysting of beasts.

County Court. ss.#

T. B. complaines of J S. upon a Plea of trespass upon the Case; For that whereas the day, year, &c. at the Castle, &c. In Consideration that the said T B. at the speciall instance and request of J D. in his life time, would depasture and feed two Oxen of the said J D. in the ground of the said T B. in A. within the said County, &c. From the said day, year, &c. unto the end of one month next following, he the said J D. in his life time, did assume upon himself, and to the said T B. then and there faithfully promised, that the said J D. as much as the said depasturing, and feeding, should be reasonably worth to the said T B. when he the said J D. should be thereunto requested well and truly would content and pay. And the said T B. in fact saith, that he from the said day, yeare, &c. unto the end of [Page] one moneth then next following did depasture, and feed the said two Oxen of the said J D. in the said ground of the said T B. in A. aforesaid, and that the said depasturing and feeding was reasonably worth xii s. of &c. Yet notwithstanding the said J D. in his life time, and the said J S. after the death of the said J D. the promises and assumptions of the said J D. not regarding, but endeavouring, and fraudulently intending, the said T B. in this behalf craftily and subtilly to deceive and defraud; the said xii s. or any penny thereof, to the said T B. as yet hath not payd, not for the same any way contented, but the same to pay the said J D. in his life time, and the said J S. after his death hath refused, and as yet doth refuse: although the said J D. in his life time, afterwards, that is to say, the day, year, &c. at the Castle, &c. was thereunto requested; whereupon the said T B. saith, he is worse, & hath damage to the value of xxx s. and thereupon produceth suit, &c.

[Page]

For curing a wound.

Yo. ss.#

A. S. complains of W. H. in &c. for that whereas the said W. H. the day, year, &c. at the Castle &c. being then and therefore wounded in his throat and back, with the stab of a knife; In consideration that the said A. S. at the speciall instance and request of the said W. H. would to the best of his art and skill of a Chirurgeon, endeavour to cure the wound of the said W. H. and take pains and labour therein, he the said W. H. did assume upon himself, and to the said A. S. then and there faithfully promised, that he the said W. H. so much as the said endeavour, labour and pains of him the said A. S. to cure the said wounds of the said W. H. and his charges and pains there in should be reasonable worth, unto the said A. S. when he should be thereunto required. would well and faithfully pay and content. And the said A. S. in fact saith, that his endeavour, labour and pains to cure [Page] the said wounds of the said W. H. and his charges therein, was reasonably worth 30 s. of &c. Nothwithstanding the said W. H. not caring for his promise and assumption aforesaid, but endeavouring and fraudulently intending him the said A. S. in this behalf, craftilie and subtily to deceive and defraud, &c.

For a Laborours hire.

Yo. ss.#

M R. complains of G N. in an &c. for that whereas the said G. N. the day, year, &c. at &c. In consideration that the said M. R. then and there at the request of the said G. N. would cut down certain whins of the said G. N. then growing and being in a close called the O. lying in the Town-ship of H. in the County aforesaid, and make the same whins into whin-kids or faggots, the said G. N. assumed upon himself, and to the said M. R. then and there faithfully promised, that he the said G. N. as much as would please or content him the said M. R. [Page] for his work and labour, in cutting down and kidding the said whins in the close aforesaid, as long as the said M. R. should so work and labour for the said G. N. when afterwards that he should be thereunto requested would well and faithfully pay and content. And the aforesaid M. R. doth aver and say, that accordingly, he did cut down and kid whins for the said G. N. in the close aforesaid by the space of one whole day then next after, and that he well deserved 12 d. of &c. for his wages, for his day-work, and labour, and that 12 d. is a reasonable summe to please and content him for his said day-work & labour, in cutting down and kidding of the said whins as aforesaid; yet notwithstanding the aforesaid G. N. his promise and assumption aforesaid, little minding or regarding, but craftilie and subtlely intending to deceive and defraud the said M R. in the premisses, although &c.

[Page]

In consideration that the Plantiff would deliver unto one E. L. certain mercerie wares, if he did not pay for them, the Defendant would.

Yo. ss.#

P.B. Esq by vertue of a Writ, &c. doth complain of H.S. of an action, &c. for that whereas, the day, year, &c. at the Castle, &c. In consideration that the said P. B. (being then and yet a Mercer of the Citie of Y. would deliver unto E. L. for the use of the said E. L. such parcells of Mercery wares, as he the said E. L. should take up and receive of the said P. B. he the said H. S. did assume upon himself, and to the said P. B. then and there did faithfully promise, that if the said E.L. should not pay and satisfie the said P.B. for the said wares at such rates and prizes, as the said E. L. and the said P. B. should agree upon, that he the said H. S. would well and truely pay and satisfie unto the said P. B. all such moneys as the said E.L. and P.B. should agree upon for the rates and prizes of [Page] the said wares, betwixt the said day, year, &c. and May-day then next after; And the said P. B. in fact saith, that afterwards, that is to say, the day, &c. and year aforesaid, at the Castle &c. aforesaid, the said E. L. did take up and receive of the said P. B. Mercerie wares, hereafter following (that is to say) 7. yards of black Flanders-searge, for 38 s. and five yards of Italiana, for 26 s. of lawfull, &c. both which rates and prizes were then and there agreed upon, between the said E. L. and the said P. B. and did amount to the summe of 3 l. and 4 s. of &c. which said summe of &c. or any penny thereof the said E. L. hath not yet paid, or satisfied to the said P. B. Notwithstanding the said H. S. his promise and assumption aforesaid, not regarding, but endeavouring, &c.

Slander for calling the Plantiff Thief, &c.

Yo. ss.#

E.R. complains of [...].S. of a Plea, &c. whereas the said E.R. is a good, true, [Page] faithfull, and honest member of this Common-wealth of England, and of a good name, report credit, conversation, condition, reputation and esteem, as well amongst his neighbours (and faithfull members of this Common-wealth) as also other honest persons to whom the said E. R. hath been known from the time of his birth, and hath been noted, esteemed, and reported, and without any stain, blemish, or suspition of theft, falsehood, deceit, fraud or of any other notorious crime, he hath carryed and behaved himself, all his life time free, untouched, and not in the least wise suspected. Nevertheless the aforesaid G. S. not being ignorant of the Premisses, but out of his meere mallice, evilly intending, not onely the good name, report, opinion, credit, esteem and reputation, of the said E.R. to hurt, wound, detract, & utterly to destroy, but also to bring the said E. R. into trouble, vexation and infamie, the day, year, and place, &c. in the County aforesaid, false, faigned, mallicious and scandolous words, to [Page] the said E R. and of the said E R. in the presence and hearing of many honest and credible men, openly and publiquely, did speak and publish in these words following. Thou (meaning the said E R. art a thiefe,) and I (meaning the aforesaid GS.) wil prove thee (meaning the said E R.) a thiefe, and a horse-stealing thiefe from thy cradle. By reason and means of which false, feigned, scandalous, and malicious words declared and published as aforesaid, the aforesaid E R. is much hurt, wounded and damnified in his good name, report, credit and reputation aforesaid; in which before that time with very many honest and faithfull members of this Commonwealth he was reputed, and also the said E R. into great discredit, suspion and infamy, with many faithfull and honest persons is thereby induced and brought, so that divers persons, who before that time did accompany, respect, and much esteem the aforesaid E R. themselves from the company, and society of the said E R. do now withdraw, and absent themselves, [Page] and further with the aforesaid E R. to intermeddle, buy, sell, or commerce have altogether refused, and still do refuse, to the great damage of the said E R. of xxx s. And therefore he hath brought this suite, &c.

For slanderously calling the Plaintiff Banckrupt.

Yo. ss.#

E B. complaines of E M. in a Plea of trespas upon the Case; For that, whereas the said E B. a good, true faithfull, and honest member of this Commonwealth, and like a good, honest, and faithfull member of the said Commonwealth, now and from the time of his nativity hitherto, without any spot or suspition of deceit, corruption, bankrupt, or fraud, or any one of them, hath carryed, behaved, and governed himself, and of good name, fame, credit and estimation, trust, and carryage, of great substance of riches, always hitherto hath been reported, and held, and honestly, justly, and faithfully, in all his intermissions, and businesses with whomsoever [Page] had and made throughout the whole time aforesaid, himself hath carryed and behaved. And whereas, he the said E B. the day, year, &c. and by the space of ten years last, and continually afterwards hitherto the art mystery or faculty of an Apothecary of the City of Y. exercised & used; his living and maintenance of himself and his family, by exercising & using the art, mysterie or facultie through the whole time aforesaid, well plentifully and sufficiently had gotten and gained, and also divers great sums of money, by lawfully buying and selling, merchandising and bargaining, upon his credit of divers wares, and other things belonging to the art, mysterie, or faculty of him the said E B. to the better maintenace of him and his family, and to the great increase of his riches, justly and honestly through the whole time aforesaid had obtained, and all and singular sums for what things or merchandizes whatsoever by him or of any other persons throughout the said time, upon credit had bought or received, or by [Page] any way due, he the said E B. to any such person to him the said E B. so giving credit according to the contract and agreement betwixt them concorded and made, without fraud or delay had payd by the parcell; of which said premises, and also by reason of his honest carriage, towards all persons, he the said E B. the chief credit, and good opinion amongst all his neighbours, and amongst very many honorable persons, and other people of the said commonwealth to whom he was known he deservedly had and gained to himself. The said E N. notwithstanding not ignorant of the premises, but the hap and condition aforesaid, of the said E B. maliciously devising, imagining, and fraudulently intending the said state, name, fame, credit, trust and estimation of the said E B. to hurt, deprive and to cause him, the said E B. to fall into want, discredit and poverty, and to be accepted and reputed of such an evill carriage, and also for a Banckrupt, and a man of no credit amongst all the faithfull members of this Commonwealth, [Page] that they all from the company of him the said E B. as from the consort of a Banckrupt person, or man worthy of no credit, might altogether withdraw themselves, and forbear with the said E B. to bargain, sell or deal they might altogether give over, afterwards (to wit) on the day year▪ &c. aforesaid at Y. aforesaid these false, scandalous and opprobrious English words following of him the said E B. in the presence and hearing of diverse faithfull members of this Commonwealth then and there present and hearing, falsely, maliciously and scandalously with a loud voyce said, proclaimed, pronounced and published (to wit E B. meaning the said E B. plaintiff) is a rogue and a Banckrupt, and I (meaning himself the said E N. now defendant) will prove him one. By reason of the speaking and proclaiming of which said false scandalous and opprobrious words, he the said E B. not onely in his good name, fame, credit, trust and estimation aforesaid, is greatly hurt and scandalised, but also hereby [Page] doth stand deprived, and utterly spoyled, that his said neighbours and other faithfull members of this Commonwealth with him the said E B. to buy, merchandize, bargain, or any way to meddle, or deal, do altogether distrust and refuse him the said C D. for a consumer, waster and detayner of other mens riches and estates, they repute and suppose h [...]m to be by the said E N. not onely in exercising and maintayning of his art, mystery or facultie is very much hindered, and his estate and substance is very much weakned and consumed, but also hath been constrained and compelled to lay out and spend d [...]verse great sums of money in clearing himself, of the premises aforesaid layd upon him, for the recovering of his good name, fame, credit, trust and estimation aforesaid, whereupon the said E B. saith, that he is made worse, and hath damage to the value of 200 l. And thereupon produceth this suite, &c.

[Page]

In consideration that the Plaintiff would marry E R. the Defendant promised to make him worth 200 l.

Yo ss.#

W. P. &c. complaines of P. W. of a Plea, &c. 14 E. 4. fo. 6. 15 E. 4. fo. 32. 17 E. 4. fo. 5. That whereas the day, year, &c. at the Castle, &c. there was a communication between the said W. P. and the said P. W. of and concerning the said W. P. taking to wife one E R. the daughter of one S R. of &c. County, &c. the said B W. in consideration that the said W P. at the speciall instance and request of the said P W. according to the lawes and customes of England by the consent of the said S R. would marry and take to wife the said E R. upon himself did assume and to the said W P. then and there did faithfully promise, that he the said P W. would make him the said P W. worth 200 l. of, &c. and better, immediately after the solemnization of the marriage of the said W P. and the said E R. And the said W P. indeed saith, that in hopes of the performance of the promise [Page] and assumption of the said P W. and at the speciall instance and request of the said P W. afterwards (that is to say,) the day, year, &c. at, &c. aforesaid the said W P. according to the lawes and customes of England by the consent of S R. did marry and take to wife the said E R. Nevertheless the said P W. little regarding his promise and assumption aforesaid, but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said W P. in this behalf, hath not made the said W P. wor [...] 200 l. and better, albeit afterwards (that is to say,) the day, year, &c. a t&c. aforesaid by the said W P. he hath been thereunto required, but hath refused hitherto to do the same, and still doth refuse, to his damage of, &c.

[Page]

Trover and Conversion,

Yo. ss.#

J. B. by Writ &c. complaines of J C. in an action or trespas upon the Case. For that whereas the said J B. the day, year, &c. at the Castle of &c. was possessed of one gray mare, of the price of ten pounds, as of his own, and being thereof so possessed, the said J R. the day, year, &c. aforesaid, the said mare out of his hands & possession was casually lost, which said mare afterwards (that is to say,) the day, year, &c. at the Castle, &c. came to the hands and possession of the said J C. sufficiently knowing the said mare to be the mare of the said J B. and to him of right to belong; and devising to deceive the said J B. of the said mare; though often thereto required, the said mare to the said J B. hath not restored; but the said J C. afterwards (that is to say) the day, year, &c. the said mare to his own use and profit converted and disposed, to the great losse of the [Page] said J B. By reason whereof he saith, he is damnified xx l. Aed therefore commeceth this suite, &c.

Detinue.

Yo. ss.#

T. V. by vertue of a Writ, &c. by E B. his Atturney complains of R M. upon a plea, that he render unto him goods and chattells to the value of xx l. of, &c. which he unjustly detaineth from him, &c. For that whereas the said T V. the day, year, &c. at the Castle, &c. did deliver to the said R M. one Cow, colour black, of the value of 5 l. one gray Nag of the value of x l. and 14. yards of French green broad cloth of the value of 5 l. to be safely kept, and to the said T V. where he the said R M. should be thereunto requested, to be delivered. Yet notwithstanding the said R M. although thereunto requested, the goods & chattells aforesaid to the T V. as yet hath not redelivered, but the same to redeliver, hitherto hath contradicted, and as yet doth contradict, and unjustly deteines, whereupon [Page] the said TV. saith, he is worse and hath damage to the value of xxxl. And thereupon produceth suite, &c.

Trespas.

For breaking down the Plaintiffs stall, being set up in the market.

County Court ss.#

A. O. complains of W C. of a Plea of trespas. That the aforesaid W C. the day, year, &c. at S. in the County aforesaid, and within the liberty and Jurisdiction of this Court, made an assault upon him the said A O. and his close and house, that is to say) one stall there in the market set up, broke and entered, and his wares (that is to say) drest leather, to the value of 5 l. put upon his stall aforesaid, displaced, cut down, and spoyled, and other enormous things to him did, to the great damage of the said A O. whereupon he saith, that he is the worse, and hath damage to the value of ten pound. And thereupon he brings his suite, &c.

[Page]

For breaking the Plaintiff's close, &c.

Yo ss.#

J. A. complaines of T S. of a Plea of trespass, &c. for that the said T S. the day, year, &c. a close of the said. J A. called C. at S. in the County, &c. broke and entred, and the grass of the said J A. then and there, being of the value of ten shillings, with certain goods and chattells (that is to say) with Kine, Oxen Steeres, Horses, Naggs, Mares, Hoggs, and Sheep, did depasture, eat up, tread under-foot, consume and spoyle, continuing the said trespass from the said day, year, &c. aforesaid, during the time of one whole month then next following, at diverse dayes and times, and other harmes to him did to the great losse of the said J A. by reason whereof he saith he is damnified, xxix s. And therefore commenceth this suite, &c.

[Page]

For a dog-biting a mare so that she dyed.

Yo. ss.#

H. S. complaines of W P. in an action of trespas, for that whereas the said W P. the day, year, &c. at, &c. one Mare of the said H S. of the price of ten pound then and there being found did beat, wound and chase, and also with a dog did bite; so that by reason of the beating, chasing, wounding, bruising and biting of the said Mare, the said Mare then and there dyed. And other harmes to him did to the great damage of, &c.

For chasing of hoggs with doggs, &c.

Yo ss.#

A. B. complaines of C D. of a Plea of trespas, wherefore he did chase two hoggs of him the said A B. at M. found with certain doggs, insomuch by setting on those doggs, to bite the hoggs aforesaid: That by that chasing and biting of the doggs aforesaid, the aforesaid hoggs of the price of [Page] fourty shilling dyed; And other enormities, &c.

For pasturing of sheep in a rotten pasture, by reason whereof they dyed.

Yo. ss.#

A B. complaines of C D. of a Plea of trespas. Wherefore the close of him the said A B. at L. did break, and his 260. sheep of the price of 40 l. there lately found did take, and did chase them into a certain corrupt pasture within the village aforesaid, out of malice, detayning those sheep so long upon the pasture aforesaid, that those sheep by corruptness of that pasture, becoming rotten and infected, dyed; and other enormities, &c.

For digging and plowing the Plaintiffs ground, and taking away his corne.

Yo. ss.#

T S. complaines of G G. in an action of trespas. For that whereas the said G G. the day, year, &c. at, &c. the close of the said T S. being [Page] one acre of arable land lying in B. broke and entred, and the soyl of the said close with his plow did dig and rip up. And afterwards, that is to say, the day, year, &c. aforesaid at B. aforesaid, and within the Jurisdiction aforesaid for that the said G G. the aforesaid, close of the said T S. broke and entred, and his corne, (that is to say) two wain loads of oates, there lately cut down of the value of xxx s. of his the said T S. took and carryed away. And other enormious things to him did do, &c.

For taking away a Post.

Yo. ss.#

A. B. complaines of C D. of a Plea of trespas, &c. wherefore he did break the close of the said A B. at F. and did take and carry away a certain new Post of him the said A B. there in the foyle put and fastned to the value of xxx s. And other enormities, &c.

[Page]

Trespass and Assault.

Yo. ss.#

J. H. complaines of J S. in an action of trespas and assault, &c. for that the said J S. the day, year, &c. at the Castle, &c. made an assault and a fray upon the said J H. and did then & there beat, wound, and evill intreat him, so that he was despaired of his life, and other harmes to him did to the great losse of the said J H. By reason of which he saith, he is damnified xxx s. And therefore commenceth this suite.

Assault, upon one at under-age.

Yo. ss.#

W. E. by A S. his guardian, and next friend, by favour of this Court, is admitted to prosecute for the said W E. because he is within the age of one and twenty years, by vertue of a Writ of Justicies by T W. his Atturney complaines of T C. in an action of trespas and assault, &c. For that the said T C. the day, year, &c. at the Castle, &c. in and upon the [Page] said W E. an Assault and affray did make, &c. as in the other.

Ʋpon a Replevin.

County Court. ss.#

A. B. complaineth of T L. in a Plea wherefore he took the goods of the said A B. and them did unjustly detaine, contrary to sureties and safe pledges, &c. For that whereas the aforesaid T L. the day, year, &c. at S. in a place there called R. in the County &c. took of the goods of the said A B. that is to say seven Kine of the price of xxx l. And the same did unjustly detain against the sureties and safe pledges, &c. whereupon the said A B. saith, he is worse, and hath damage to the value xxxix s. And therefore he hath brought this suite, &c.

Pleadings.

He owes him nothing.

County Court ss.#

ANd the said J A. comes and defends the force and injure when, &c. and saith that the said J G. ought [Page] not to have his said action against him, because he saith, that he the said I. A. owes nothing to the said I. G. in manner and form, as the said I. G. hath declared against the said I. A. and for that he puts himself upon the Countrey, &c.

He made no such promise.

ANd the said H. B. comes and defends the force and wrong when, &c. and saith that he did not assume & promise to the aforesaid T. R. in manner, and for me as the aforesaid T. R. against him complaineth: and of this he putteth himself upon the Countrey.

Replication.

Yo. ss.#

ANd the said T. R. saith that he by any thing before alleadged from his action aforesaid, ought not to be debarred: for that he saith that the aforesaid H. B. did assume upon himself, and promise in manner and form, as by the Declaration aforesaid is alleadged and set forth: and this he prayes may be inquired by the Countrey: and the said W. B. likewise, therefore &c.

[Page]

He made no such promise within six years.

Yo. ss.#

ANd the said W. B. comes and defendes the jnjury when, &c. and saith that the said W. B. did not within the space of six years before the commencement of this suit assume upon himself, or promise to pay to the said T. B. the summe of 30. s. in manner and form, as the said T. B. above against him the said W. B. doth complain, and upon this he putteth himself upon the Countrey, &c.

Never Executor.

Yo. ss.#

ANd the aforesaid E. H. comes and defendes the force and jnjurie when &c. and saith that the aforesaid T. C. ought not to have his action [...]gainst him, because he saith that he [...]ver was the Executor of the last Will and Testament of the aforesaid R. H. neither did administer of any [...]f the goods or chattels which were [...]f the said R. H. at the time of his [...]eath: as Executor of the last Will [Page] and Testament, of the aforesaid R. H. after the death of the said R. H. and this the said E. H. is ready to verifie, whereupon he demandeth Judgment, whether the said T. C, ought to have or maintain the said action against him, &c.

Fully Administred.

Yo. ss.#

ANd the aforesaid M. A. comes and defends the injurie and wrong when, &c. and saith that the aforesaid A. B. his action afore [...]aid ought not to have against him, because he saith he hath fully administred of the goods and chattels of the aforesaid T. A. at the time of his death, and he no other goods nor chattels hath of the aforesaid T. A. at the time of his death to be administred, nor had at the time of the entrey of this plaint of the said A. B. nor at any time after: and this he is ready to aver, wherefore he prayeth Judgment; whether the aforesaid A. B. his action aforesaid against him ought to have, &c.

[Page]

Replication.

Yo. ss.#

ANd the said A. B. saith, that he by any thing before alleadged from his action aforesaid, ought not to be debarred, because he saith that the aforesaid M. A. the day of the commencement of this suit, (to wit) the day, year, &c. at the Castle aforesaid: and within the jurisdiction aforesaid, had diverse goods and chattels which were the aforesaid T. A. at the time of his death, and afterwards in his hands to be administred to the value of the debt aforesaid, wherefore the debt aforesaid to the said A. B. ought to be satisfied; and this he requires may be inquired of by the Countrey, &c. and the said M. A. likewise, &c.

Not guilty.

Yo. ss.#

ANd the said G. W. comes and defends the wrong and injurie when, &c. and saith, that he is not guiltie of the trespass aforesaid, as [Page] the said I. C. hath complained against him: and of this he putteth himself upon the Countrey, &c.

Bar by within-age.

Yo. ss.#

ANd the said H. C comes and defends the injurie when, &c. and saith that the said W. B. his action aforesaid against, him ought not to have: for he saith that he at the time of the making of the said writing Obligatory, was within the age of one and twenty years; And this he is ready to verifie, whereupon he demandeth Judgment, if the said W. B his action aforesaid against him ought to have &c.

Paymemt upon a bill, and a release produced.

Yo. ss.#

ANd the said I. S. comes and defends the injurie when, &c. and saith that the said I. W. ought not to have his action aforesaid against him the said I.S. for he saith that the said I. W. after the making [Page] of the said bill, and the commencement of this suit (that is to say the day, year, &c. at the Castle, &c. the said I. W. did acknowledge and confess himself to be fully satisfied and content of the said summe of 5 l. in the said bill mentioned, and thereupon did acquit and release him the said I. S. of and from all actions, which the said I. W. might have against him the aforesaid I. S. by reason of the making of the aforesaid bill, and this he is ready to verifie, whereupon he prayeth Judgment, if the said I. W. ought to have his action aforesaid against him, &c.

Free-hold.

ANd the said H. S. comes and defends the force and injurie when, &c. and saith that the said W.B. his action aforesaid against him ought not to have or maintain, because he saith that the close aforesaid called T. at F. in the Declaration above mentioned, in which the trespass aforesaid is supposed to be [Page] done, is, and at the time of the said trespass supposed to be done is, and was the onely sole free tenement or free hold of the said H. S. by reason whereof the said H. S. did break, and enter into the said close called T. and the corn and grasse there growing and being, with his feet did tred down and consume, and other corn grasse and hay being in the said close, with his horses, mares, oxen and kine, did eate, tread down and consume, continuing the said trespass as in the Declaration is above specified, as was lawfull and well pleased him so to do: and this he is ready to verifie and prove: whereupon he requires Judgment; if the said W. B. his action aforesaid against him ought to have, &c.

No action to cause one to render an account, will lie in this Court.

Yo. ss.#

ANd the said G.F. in proper person comes and saith, that the said C. B. his said action against the said G. F. in this Court ought not to have or maintain: for that the said [Page] C. B. in an action to render an acaccount, &c. wherefore the said G.F. demandeth Judgment, whether this Court will take Cognizance of the said action, &c.

In arrest of Judgment.

Yo. ss.#

ANd the aforesaid R. M. saith, that the verdict aforesaid given against him, of the part of the said M.S. ought not to stand or proceed, because he saith that the Declaration aforesaid, and the matter therein contained, is not sufficient in Law to give and maintain the aforesaid action against him, by which he requires Judgement: and that the aforesaid plaint and verdict to be quashed and accounted nothing, And that the aforesaid Plantiff may receive nothing by his plaint and verdict aforesaid, &c.

Conditions performed.

ANd the said W.G. cometh and defendeth the force and wrong when,Yo. ss &c. and desires to hear the [Page] said writings, and it is read to him &c. he desires also to hear the Condition of the said writing, and it is read to him in these words, (that is to say) the Condition of this Obligation, &c. (recite the Condition) which being read and heard, the said W. G. saith that the said C.G. his action aforesaid against him ought not to have, because he saith, that the Articles in the Condition aforesaid above-mentioned, were made at Y. aforesaid, in &c. day, year, &c. aforesaid, between the said C. G. by the name of C. G. of A. in the said County gent. on the one partie, and the said W. G. by the name of W. G. of the same Town and County yeoman, on the other partie, whose other part signed with the seal of the said C. G. the said W. G. doth bring here in Court, whose date is the same day and year, first, &c. (recite all the Articles throughout) and the said W. G. doth say, that he hath performed and kept all and singular the covenants, grants, articles, clauses. sentences and agreements whatsoever in the said Articles [Page] specified, on his part to be observed, performed, fullfilled and kept, according to the form and effect of those Articles: and this he is ready to maintain, whereupon he prayes Judgments; If the said C.G. his action aforesaid against him ought to have, &c.

Replication.

Yo. ss.#

ANd the said C. G. saith that he, by any thing before alleadged, ought not to be debarred from having his said action against the said W.G. because protesting that the said W. G. hath not performed or kept any covenants, grants, articles, clauses, sentences, or agreements in [...]he said articles specified on his part [...]o be performed or kept, as the said W. G. above by pleading hath al [...]adged; for plea the said C.G. saith, [...]at the said W. G. did not, &c. (re [...]te the breach) according to the [...]rm and effect of the same Articles: [...]d this he is ready to verifie, where [...]on he prayeth Judgment, and his [Page] debt aforesaid, together with his damages, by occasion of detaining that debt, to him to be adjudged, &c.

Rejoynder.

Yo. ss.#

AND the said W. G. saith, that he did (recite here that he did perform the breach the Plaintiff assigned) according to the form and effect of the said Articles: and of this he puts himself upon the Countrey, and the said C. G. likewise, &c.

Detain he doth not.

ANd the said R. S. comes and defends the force and wrong when &c. and saith he doth not detain from the said R. L. the chattel [...] aforesaid, nor any parcell thereo [...] in manner as the said R. L. ha [...] above declared against him: and o [...] this he putteth himself upon th [...] Countrey, &c.

[Page]

Bar by a generall acquittance.

Yo. ss.#

WHen, &c. his action ought not to have, &c. because he saith, that after the making of the writing aforesaid (that is to say) the day, year, &c. the Plantiff by his certain bill of acquittance, which the said Defendant signed with the seal of the said Plaintiff, here in Court produceth, the date whereof is the same day and year he acquitted and discharged him the said Defendant, by name of, &c. of all actions, plaints, demands, debts, accounts and debates for plaint: and in his executed & assigned, from the beginning of the World untill the day of the date of the said Bill: and this &c. if Judgment, &c.

Replication.

Yo. ss.#

THe Plaintiff saith that he ought not to be barred, &c. because he saith that the aforesaid Bill of acquittance is not his deed: & this he prayeth &c.

[Page]

Justification of scandalous words.

ANd, &c. when, &c. and saith that the said G. L. his action aforesaid against him ought not to have, for that he saith, that before the speaking of the pretended scandalous words in the said Declaration mentioned, (that is to say) the day, year, &c. at, &c. the said G. L. one weather-sheep to the value of 10 s. of &c. of the goods and chattels of the said H. A. in the said Declaration mentioned, then and there being found, feloniously did steale, take and carry away, contrary to the publick peace; By reason whereof the said F.G. afterwards, (that is to say) the said day, year, &c. at, &c. the pretended scandalous words in the said Declaration mentioned, did say, affirm and declare to the said G. L. (that is to say) thou (meaning the said G. L.) art a Thief and stole H. A. Sheepe: and this he is ready to verifie, whereupon he demandeth Judgment; if the said G.L. his action aforesaid against him ought to have, &c.

[Page]

Tender of amends in Replevin.

County Court ss.#

ANd the said H. saith, &c. the just taking of, &c. ought not to avow, because he saith, that after the aforesaid time of the taking of the Cattell aforesaid in the aforesaid place, in which, &c. and before the day of the issuing forth of the precept of Replevin, of him the said H. (that is to say the day, year, &c. aforesaid, at W. aforesaid, he the said H. offered xii d. to pay the said W. and I. to the use of the said W. for the damage of the said W. which he sustained by occasion of the trespass aforesaid, which the cattel aforesaid, in the aforesaid two acres of Land made, which said xii d. were sufficient amends for the trespass aforesaid, which the catle aforesaid in the said two acres of Land made: which said xii d. the aforesaid W and I. then and there wholly refused to receive of said H. and this, &c.

Part of the debt paid, The residue tendred before Suit, and refused.

Yo. ss.#

ANd, &c. when, &c. and saith that the aforesaid I. G. ought not [Page] to have or maintain his said action against him: because he saith, that the said I. A. the day, year, &c. before the beginning of this action, well and faithfully paid to the said I. G. xx s. part of the above mentioned debt, in the said Declaration specified (that is to say) at B. aforesaid, and within the jurisdiction of this Court; And as to the 5 s. 6 d. the residue of the debt, in the said Declaration specified, he said I. A. further saith, that he afterwards, that is to say, the day, year, &c. abovesaid before the commencement of this action, at B. aforesaid tendred to the said I.G. the said 5 s. 6 d. which said 5 s. 6 d. the said I.G. then and there refused to accept of: and this the said I. A. is ready to prove, and demands Judgment of the Court; if the said I. A. ought to have his said action against him, &c.

Replication.

Yo. ss.#

ANd the said I.G. as to the plea of the said I.A. as to the said 20 s. parcell of the debt aforesaid saith that he by any thing before alleadg'd,1. pact. non sol. [Page] ought not to be barred from having his said action against him, for he saith that the said I. A. did not pay the said xx s. to the said I. G. as the said I. A. above hath alleadged: and this he prayes may be inquired of by the Countrey, and the said I. A. likewise, &c.

And as to the said plea of the said I. A. as to the said 5 s. 6 d. residue of the said debt,2. Morat in lege. and the said I.G. saith that the same plea of the said I. A. in manner and form aforesaid pleaded, and the matter therein contained is insufficient in the law, to bar the said I. G. from having his said action against the said I. A. and that he to the plea aforesaid, in manner and form aforesaid pleaded, needeth not, nor is bound by the Law, of the land to answer: whereupon for want of a sufficient plea in this behalf, the said I. G. prayeth Judgment, and the said 5 s. 6 d. residue of his debt aforesaid together with his damages, by reason of the detaining of that debt to him to be adjudged. &c.

[Page]

Not his Deed.

ANd, &c when, &c. And saith that he ought not to be charge with the said debt, by vertue of the writing aforesaid; because he saith that the said writing is not his deed. And of this he putteth himself upon the Countrey, And the said A. likewise, &c.

By threats.

ANd, &c. when, &c. And saith that the said A. ought not to have his said action against him, because he saith, that the said A. at the time of the making of the said writing, at N. aforesaid did impose upon the said B. such and so great threats of his life, and may heming of his body to be inflicted on him, unless he would make and seale unto the said A. the said writing; that he the said B. did then and there make unto the said A. the said writing for fear of those threats, And this he is ready to aver, whereupon he prayeth Judgment, if the [Page] said A. ought to have his said action against him &c.

Replic.

Yo. ss.#

ANd the said A. saith he by any thing before alleadged, ought not to be barred from having his said action, because he saith that the said B. at the time of the making of the said writing aforesaid, was of his own power at large; And did make to the said A. the said writing of his meere and voluntary will; And not for fear of threats, as the said B. hath above alleadged. And he prayeth, that this may be inquired by the Countrey, And the said B. likewise, &c.

By hardnesse of imprisonment.

Yo. ss.#

ANd &c. when, &c. And saith, &c. because he saith that at the time of making of the said writing he was imprisoned by the said A. and other of his Covin, that is to say at N. aforesaid, and there in prison detained untill the same B. by force and hardnesse [Page] of that imprisonment, had then and there made to the said A. the said writing. And this he it ready to aver, whereupon he prayeth Judgment, &c.

Replic.

Yo. ss.#

ANd the said A. saith, that he, &c. because he saith, that the said B. at the time of making of the said writing, was of his own right at large, and out of prison, and did of his meere and voluntary will make to the said A. the said writing, and not by force and hardnesse of imprisonment, as the said B. above hath alleadged. And this he prayeth may be inquired of by the Countrey; And the said B. likewise, &c.

The Assault made by the Plaintiff, &c.

Yo. ss.#

ANd, &c. when, &c. And as to the trespas and assault aforesaid above supposed to be done,Son. assault de measn. the said J R. saith that the said R W. his action aforesaid against him ought not to have, because [Page] he saith, that the aforesaid R W. the day, year, &c. aforesaid upon him the said J R. at the Castle, &c. did make an Assault, and him would have beaten, wounded, and evill intreated, by which the said J R. himself against the aforesaid R W. did then and there defend; And saith, that if any evill to the said R W. then and there happened, was of the proper assault of him the said R W. And in defence of him the said J R. And this he is ready to verifie, whereupon he prayeth Judgment, if the aforesaid R W. his action aforesaid, against him ought to have, &c.

Replic.

Yo. ss.#

ANd the foresaid R W. saith, that he by any thing before alledged, from having his action aforesaid, ought not to be debarred, because he saith, that the aforesaid J R. the day, year, &c. abovesaid, at, &c. in his declaration aforesaid above specified, of his own proper injury, and without such cause by the said R W. above [Page] alledged upon him the said R W. did make an assault, and him did beat, wound, and evill intreat, so that of his life he did despaire, against the peace of the Lord Protector that now is; As the said R W. above against him hath complained; And this he prayeth may be inquired of by the Countrey, And the said J R. likewise, Therefore, &c.

The Defendant pleadeth, the Plaintiff within age, to bring his action: And should have brought it by Guardian, and not by Atturney.

ANd, &c. when, &c. And sayes, that the aforesaid J R. ought not to have his action aforesaid against him, because he sayes, that the aforesaid J R. the day and year in the Declaration aforesaid specified (to wit) the day, year, &c. the day of, the issuing forth of the Writ of Justicies of him the said J R. that is to say, the day, year, &c. was within the age of one and twenty years, And that the aforesaid J R. declared against [Page] him the said P C. in the plaint aforesaid by his Atturney, whereas by the due forme of Law, he ought to have declared by his Guardian; And this he is ready to aver, whereupon he prayes Judgment, whether the aforesaid J R. ought to have his action aforesaid against him, &c.

THE TABLE.

[Page]

[Page]

A

ACcount. 27

Accedeas ad Car. 66

What Actions may be brought in the County Court. 13

What Actions will not lye in this Court. 7

Within what time Actions must be brought. 14

Who may bring Actions, and who not. 15

Adjournement. 35

Amerciament. 7

Answer what. 23

Appearance. 17

Arbitrament. 26

Atturneys. 12

B.

BAyliffs how punishable for misdemeanors. 39

[Page]Bayliffs what they are. 36

C.

COunty Court when instituted. 3

Why instituted. 6

No Court of record. 5

Court how to be kept. 31

County Clarks office. 7

Court, what, 21

Continuance what. 21

Challenge of Jurors. 29

Consultation, a writ. 58

Coroners office in this Court. 10

D.

DEbt. 26, 27

Debt against Executors or Administrators. 26

Declaration what, &c. 18

Demise. 27

Detinue. 27

Deputation for a Bayliff of an hundred. 102

Distress, &c. 36

Duc. tec. 18

E.

ESsoyne what. 18

Exigent and Proclamation how to be proclaimed. 11

[Page]Execution, and what Goods may be take upon it. 47

F.

FIne. 7

Freehold. 28

Fieri facias. 90

Fieri fac. against an Executor. 91

Fi. fac. for costs, upon a Non-suite. 92

Fi.fac-upon a Verdict for the Defendant. 93

The Table of Fees. 104

G.

GEnerall issues upon severall actions. 25

I.

IMparlance. 22

Issue. 25

Jurors, who may be challenged. 29

Justicies, a Writ. 80

Judiciall process. 90

M.

MOdo & forma, in a Declaration, where necessary & where not. 19

N.

NOn suite. 21

Non sum informatus. 24

Non-age. 26

Nil dicit. 24

O.

[Page]OBligation, &c. 25

Obligation upon a Replevin. 86

Office of the County Clerk. 7

Office of a Coroner in this Court. 10

Oath of the Coroner. 101

Order of the Judges concerning Essoynes illegally returned. 106

P.

PLeas specially to be pleaded. 25

Nota Pleas. 28

Pledges. 17

Proceedings of the Court. 17

Proclam. and Exig. how to be proclaimed. 11

Prohibition, a Writ. 58

Procedendo, a Writ. 58

Processe in the Court. 77

Precept upon an acced. ad cur. 67

Precept upon a Proclamation. 100

Precept upon a Writ of Justic. 80

R.

REjoynder what. 23

Rent. 26

Replevin, &c. 50, 81

Rule, what. 23

Return of Exig. 71

Return of Proclam. 76

[Page]Return of a Recordare. 54

Return of a Pone. 54

Return of the Writ for the election of a Coroner. 71

Return of a Writ of false Judgement. 59

S.

SHire, the originall, &c. 1

Sheriffs, &c. idem

Slander. 27

Suitors Judges. 6

Surrejoynder what. 24

Scir. fac. 94

Scir. fac. post diem & annum. 95

Scir. fac. against an Executor, after Judgment against the Testator. 97

Subpoena ad Testif. 99

T.

TRespass. 27

Trespass damage feasant. 27

Tolt, a precept. 88

V.

VIcount unde. 2

Verdict, &c. 30

Venire fac. 98

W.

WArrant of Atturney. 102

Warrantie. 27

[Page]Withernam a precept. 83

Woman covert. 26

Declarations.

In Debt.

EXecutor against an Executor.108

Ʋpon a bill to be payd at the day of Marriage, and issue upon it.110

Ʋpon retainer for shoeing a horse, &c.114

Ʋpon an accompt.115

Money lent by joynt partners for a certain time, and to be payd to the Survivor.116

For rent in arreare.117

For servants wages.119

For Tythes.121

Upon an award.122

For Atturneys Fees.125

Case.

FOR Coales, promising to pay so much as they should be reasonably worth.127

For a horse sold, warranted to be sound.128

[Page]For a horse lent, promising to redeliver him, &c.129

For adgisting of beasts.131

For a Chirurgion for curing a wound.133

For a laborors hire.134

In consideration that the Plaintiff would deliver unto one E L. certain mercery wares, if he did not pay for them, the defendant would.136

Slander for calling the Plaintiff theef.137

For slanderously calling the Plaintiff Bankrupt.140

In consideration that the Plaintiff would marry E. R. the Defendant Promised to make him worth two hundred pounds145

Trover and Conversion.147

Detinue.148

Trespass

For breaking down the Plaintiffs shall being set up in the market.149

For breaking the Plaintiff's close &c.150

[Page]For a dog biting a mare, so that she dyed.151

For Chasing of Hoggs with Doggs &c.151

For pasturing Sheep in a rotten pasture, by reason whereof they dyed.152

For digging and plowing the Plaintiffs ground, and taking away his Corn.152

For taking away a Post.153

Trespass and assault.154

Assault upon one at under-age.154

Assault upon a Replevin.155

Pleadings. Answers, Replications, Rejoynders &c.

HE owes him nothing155

He made no such Promise and Replication.156

He made no such promise within six years.157

Never Executor.157

Fully Administred, & Rep.158, 159

Not guilty.159

Barr, by within age160

Payment upon a Bill, and a Release produced160

[Page]Freehold161

No action to cause one to render an Account willly in this Court.162

In arrest of judgment163

Conditions performed, and Repl. and Rejoynder165

Detayn he doth not166

Barr by a general Accquittance and Repl.167

Justification of scandalous words168

Tender of amends in Replevin,159

Part of the debt paid, the residue tendered before suit, and refused, and Repl.169, 170, 171.

Not his Deed172

By Threats and Repl.172

By hardness of imprisonment and Repl.173, 174

The Assaul made by the Plaintiff and Repl174, 175

The Defendant pleadeth the Plaintiff within age to bring his Action, and should have brought it by Guardian, and not by Attorny176

Courteous Reader, these Books following are to be sold by John Place, at Furnivals Iune Gate in Holborn.

[Page]

THe History of the World, by Sir Walter Raleigh, in Folio.

New Cases of the years and time of Hen. 8. Edw. 6. and Queen Mary, by John March of Grayes Inne, Barrister, in 8o.

Transactions of the High Court of Chancery, collected by William Tothel, Esquire, and since Revised by Sir Robert Holborn.

Witchcraft condemned, or Doctor Lamb revived, in the unheard of Practises of Ann Bodinham, arraigned at Sarum Assizes, 1653.

Vade Mecum: whereunto is added an Abridgment of Stamfords Pleas.

An Abridgment of the Lord Dyers Reports▪ by Sir Tho. Ireland.

The great mystery of Godliness, by Jos. Hall, B. Norwich.

Declarations and Pleadings, by W. S. in the time of Eliz. Jam. & Cha.

Clarestella, together with Elegies, [Page] Epigrams, Satyrs, by Reb. Heath Esquire.

The Imposition of Hands, by Jos. Hall B. of Norwich.

The Office of a Lord Chancellor, by the Lord Ellesmore.

The Peace-maker, by Will. Page B. D.

The Doctrine of the Saints Infirmities, by Dr. Preston.

A Treatise of the Sabbath day, by Fra. White, B. of Ely in 4o.

A short Catechism, by Will. How, Minister of the Gospel.

The Laymans Lawyer: or the second part of the practick part of the Law, in 8o.

The Faithfull Councellor: or the Marrow of the Law in English, the second part by W. Sheppard, Esquire. in 4o.

Declarations, Counts, and Pleadings, in English, the second part, collected by Richard Brownlow Esquire, late Prothonothary of the Common Pleas, Mr. Walbank a partner, in 4o.

The Scriveners Guide, or the Compleat Clerk, shewing all manner [Page] of Presidents for Conveyances. &c. collected and perfected, with the advice and judgement of severall able Judges and Sages in the Law, in 4o.

Commentary of Caius Caesar, of all his Wars in Gallia, with the Observations of Sir Clement Edmunds, as also our modern Training, with addition of his Medalls and Life, in folio.

Poems by Matthew Stevenson.

The floating Island: an excellent play, by Dr. Strode.

The Lord Pophams Reports, in folio.

A Catechism, according to the Common Payers and Liturgy of the Church of England, for all young Children to learn before their admittance to the Sacrament. One sheet of paper, by the able hand of Alan Smallwood B. D.

The jurisdiction of all Court-Leets and Court-Baron, by Kitchin late of Bernards Inne, sold by J. Place and Partners.

Reports and Cases, collected by the learned Judge Owen, Esquire, one of [Page] the Judges of the Common pleas, wherein are many Cases throughly argued and compared with the yearbooks.

Nomotomia, in two parts, the first being a collection and Survey of the Gcnerall Titles of the Common Law, with the Cases thereof, drawn out of the old Books of the Law, and later reports, & reduced into several Chapters for the benefit of Students in the Law. Together with an Abridgment of all Acts and Ordinances of King and Parliament since 1651. by W. Hugles of Grayes Inne Esquire.

The Arraignment and Conviction of Anabaptisme, or a Reply to M [...] Tombes his Plea for Antipedobaptists, by Jo. Cragge M. A. Preacher of the Gospell at Lantillio Pertholy in Monmouthshire.

Books sold by William Place, at Grayes Inne gate in Holborne.

SIr Walter Raleighs History of the World.

An exact Collection of Ordinances, Orders, Declarations, Petitions, [Page] Messages and Answers, with other remarkable passages which passed between the late King and Parliament at the beginning of our late troubles.

Actions for slander, shewing what words are actionable in Law, and what not, by Jo. March of Grayes Inne Barrister.

Considerations on the 12. signes of Predestination, illustrated with Emblemes, written in Latin by H. Drexelius, Translated by R. B. of Trinity Colledge in Cambridge.

Transactions in the High-Court of Chancery, by W. Tothill Esq Revised by Sir Rob. Holburn.

The Office of Executors, by Tho. Wentmouth, late Boucher of Lincolns Inne.

The Queens Closet opened, containing incomparable secrets in Physick, Chirurgery, Conserving and Cookery.

Fancies Theater, five poems, by J. Tatham Gent.

Considerations concerning the Exchequer, by C. Vernon the Kings Secretary.

FINIS

[Page]

Information about this book

Title statement

Curia comitatus rediviva. Or, The pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. Also an easie and plaine method for the keeping of the court. Attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. With an exact table of all the particulars in the book. By W. Greenwood philomath.

Greenwood, Will.

Edition statement

1657

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A42032

ID [STC]

Wing G1874A

ID [STC]

ESTC R223663

ID [EEBO-CITATION]

99833951

ID [PROQUEST]

99833951

ID [VID]

38430

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A42032)

Transcribed from: (Early English Books Online ; image set 38430)

Images scanned from microfilm: (Early English books, 1641-1700 ; 1833:10)

Source

— Curia comitatus rediviva. Or, The pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. Also an easie and plaine method for the keeping of the court. Attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. With an exact table of all the particulars in the book. By W. Greenwood philomath., Greenwood, Will..

Extent

[8], 175, 116-117, [15] p.

printed for John Place, at Furnivalls Inne gate, and William Place at Grayes Inne gate Holborn,. London :: 1657.. (The word "philomath" is in Greek characters.) (With an index and five final advertisement pages.) (Imperfect: tightly bound with some loss of print.) (Reproduction of original in the British Library.)

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