What the Filacers their Office is, and what are the processe they make out.

FIlacers make out all manner of measne processe upon Original Writs before appearance. But before we treat of the several sorts of their Writs, it will not be amisse to speak something of the word Filacer, & the acceptation thereof in the Law.

The Office of Filacer is derived from the French word filace, a Thread, Terms ley, on which we may very fitly paraphrase thus: That it is a Thread in­deed, without which in the Common-Pleas, there can be no Web, or work made, for the dispencing and admini­string [Page 2] of Right, and Justice to all: A line whose bounder is the appearance and imparlance of the parties litigant, and a rule that leadeth men so directly to their rights, that it will force the De­fendants at last to appear and plead.

There are 14. Filacers in the Com­mon-Pleas, which make out all pro­cesse there upon Originals, and distresse infinite upon Summons retorned in personal Actions, and the Capias upon the retorn of nihil. And all Writs in view, in case where the view is prayed, And where the appearance is with them, they enter the imparlance and the general issues in Common Actions and Judgement by confession before issue joyned, and make out Writs of Execution upon them: And they make Writs of Supersedeas after a Capias awarded, when the Defendants appear in their Office, and this Officer is men­tioned in the Statutes of 10. Hen. 6. c. 4. and 18. Hen. 6. cap. 9. I shall as briefly as I can treat of their Writs, and the [Page 3] proceedings thereupon, and first of a Capias ad respondendum.

Of a Capias ad respondendum, and of the proceeding thereon.

It is a Writ, which before Judge­ment in Actions personal, as in Debt, Trespasse, or Detinue, issueth after the Sheriffe hath retorned a nihil habet in baliva, &c. upon the Original, or Sum­mons, and which beareth Teste from the retorn of the Original, and between its Teste and retorn hath 15. dayes at least. And if thereupon you cannot take the Defendant, then you may have an alias Capias, bearing Teste from the retorn of the Capias, or a plures Capias bearing Teste from the retorn of the alias Capias, ever observing that there be 15. dayes between the Teste and re­torn of every one of them. And if on neither of them you can take the person, you may proceed with your pluries Capias to the outlawry against him.

[Page 4]For each of your Processe, you bring not into the Filacers by the day of the retorn, you are to pay 4^d. as a Post diem for the filing thereof with the Custos Brevium. And for each of them you bring not in to be entred there upon the Rolle before the Essoin day of the succeeding Term, you are to pay a pen­ny more as a Post Entry. And for each Writ that is not filed of the same Term it is retornable, you pay 20^d. for the Post Terminum every Term the same is unfiled, which is due, and paid by the Filacers to the Custos Bre­vium.

If you have sued out your Original in London, and the Defendants live else­where, and you would have them more speedily arrested, then by way of out­lawery upon the Sheriffs return of non est inventus, &c. on the Capias, you may have a Testatum in the County where they live to Arrest them there.

All Filacers are to enter their Writs upon Rolles of the same Term they are [Page 5] retornable, and the Writs after they are entred, are to be filed with the Custos Brevium.

The filacers do likewise take them out upon their remembrance, marked with the number Rolle to the end, thereby you may know where to finde your Writs entred.

Of a second Deliverance.

It lieth after a Replevine is brought where the Plantiffe maketh default, be­ing non-suite before Declaration, or the like, or Judgement is given against him, then he that destrained the beasts, shall have them delivered to him again by this Writ. Terms ley Replevine. Stat. 13. E. 1. cap. 2. Dyer 41. cap. 4.

Of a Retorno habendo.

It lieth where a Plaint is removed out of the County Court, or Court Barron, by a pone, or recordare into the [Page 6] Common-Bench, and after the Plain­tiffe in the replevine is non-suit before any Avowry be made, (notwithstand­ing, this non-suit) the party that di­strained, may have again the same di­stresse by this Writ (which is onely to revive the first suite.) And the Defen­dant in this case cannot have a Recapti­on for a double distresse: And after this Writ had, and Trial thereupon, or that the Plaintiffe be again non-suit before Declaration, Return irreplevisable shall be awarded to the Avowant, & then he may make his Avowry to the intent to ground a Writ to enquire of damages, or he may hold the beasts as a distresse till he be satisfied: And if any Retorno habendo go forth before this Writ, this is a Supersedeas to it, & the Sheriff must not proceed upon it, F.N. B. 72. Dyer. 41.42, 280, 59. If the Sheriff upon the Retorno habendo, do return that the Cat­tle were esloigned then a Capias in Wi­thernam shall be awarded to take other Cattle, and if the Sheriffe retorn he [Page 7] hath no Cattel, then a Capias against the body.

Of a Capias in Withernam.

It is a Writ lying where he that de­straineth, or the Owner of the Cattle after the distresse taken, doth esloign them, or carry them out of the Coun­ty, or holdeth & keepeth them in some Castle, so that the Sheriffe cannot make a Replevine, or Retorno habendo (as oc­casion is,) then the Sheriff by this Writ may take so much of the other goods, or Cattle of the party that hath done this, instead of them: And if they be in a Castle within his County, the Sheriff may take posse Comitatus, and break in­to the Castle and make Replevine, 3. H. 7.1. Terms ley distr. F. N. B. 73 West. 1. cap. 17. Dyer 41.59. West. 1. c. 20. Brit. Chap. 17.

Note, that whatsoever the Sheriffe retorns upon the plures Replevine, it ought to be inserted and rehearsed in the Writ of Withernam: And if the [Page 8] Sheriff retorn that he hath commanded the Bayliffe of the Franchise, who hath given him no answer, or that the Bay­liffe will not make deliverance, that then the Plaintiffe shall have a non omittas directed to the Sheriffe, com­manding him to enter into the Fran­chise; and make the return, and if the Sheriffe do it not, the Plaintiffe shall have an alias non omittas directed to the Sheriffe, and afterwards a plures non omittas, &c.

Of the non Omittas.

It is a Writ, and lieth where the Sheriffe returneth upon a Writ to him directed, that he hath sent to the Bay­liffe of such a Franchise, which hath re­turn of writs, & he hath not served the Writ, then the Plaintiff shall have this Writ directed to the Sheriffe, that he himself enter into the Franchise and execute the Writ, and the Sheriffe shall warn the Bayliffe, that he be before the [Page 9] Justices at that day contained in the writ: and if he come not & excuse him­self, then all the Writs judicials which shall passe out of the Court, during the same Plea, shall be Writs de non omit­tas, &c. and the Sheriffe shall make ex­ecution of them, having that Plea, Terms ley. The Sheriffs return that he hath commanded the Bayliffe of the Li­berty, &c. who gave him no answer, &c. or the other return that that the Bayliffe will make no deliverance, are no good returns, for by the Statute of Westminster, 1 Chap. 27. in the end of the same Statute appears, that the She­riffe upon such a return made to him by the Bayliffe, ought presently to enter into the Franchise, or Liberty, & make deliverance of the thing taken.

Of a Partitione Facienda.

This Writ lieth, where two, or more men hold Lands, or Tenements toge­ther joyntly, or in Common, and undi­vided, [Page 10] which are divideable by Law, and some of them refuse to divide them, in this case the rest may enforce them to it by this Writ to the Sheriffe, who will thereupon by a Jury of the Bayly-wick divide it. Terms ley. Statute of 32. H. 8. cap. 10. and 32. H. 8. cap. 32. The Writs that are made out on this Writ after the Summons returned, are a Pone, and distresse infinite, but before you can have your distr. you must be sure to have your Pone returned by the Sheriffe, and to file it with the Filacer, which warrants the making out of the distringas, and upon that you may get an amearcement of five pounds, if the Defendant appear not, then you may have an alias distringas, doubling your issues, and so distresse infinite till he do appear.

Of a Warrantia Chartae.

This VVrit lieth for him that is enfeoffed with warranty, and is after­wards [Page 11] impleaded in an Assize, or other Action, in which he cannot vouch, then he may have this Writ against the Feo­for, or his Heir to compel them to warrant the Land unto him, Terms ley F. N. B. fol. 134. D. A man may bring this Writ of Warrantia Chartae, &c. in what County he will, if the deed bear not date at a certain place, or County, for then he ought to bring the VVrit where the deed bears date: This VVrit extendeth to the warranty of Lands, &c. of an estate of Free-hold, or inheri­tance, and not to any Chattle real per­sonal, or mixt, saving onely in case of a wardship granted with warranty. The processe whereby the vouchee is called, is a Summons ad warrantizandum, and whereupon if the Sheriffe return that the vouchee is sumoned, & he make de­fault, then there is awarded a Magnum Cape ad valenciam, &c. when if he make default again, then judgement is given against the Tennant, and he to have over in value against the vouchee, [Page 12] but if the Sheriffe return, that he hath nothing, then after a Writ of alias, and plures, a Writ of sequitur sub periculo suo is awarded, &c. And the Deman­dant shall not have judgement to reco­ver in value, &c. because the vouchee was never warned. After the Sum­mons comes a pone and then a distrin­gas, and if the Defendant appear not an alias distringas, setting issues, &c. And so distresse in infinitum, till there be ap­pearance given.

Of a Quare impedit.

It is a Writ judicial that lieth, where one hath recovered a presentment to the Bishop to command him to admit his Clerk that hath recovered, and if the suite were against the Bishop alone, then this Writ may be directed to the Bishop of the Diocesse, or the Metropo­litane at the election of the party. And if in this case the Bishop refuse him, the party may have a quare not admisit, F. [Page 13] N.B. 38. or it is a Writ that lieth where a man hath an Advowson, and the Par­son dieth, and another presenteth his Clerk, or disturbeth me to present, then he may have the said Writ.

The Writ is a Summons at the Plain­tiffs suite, and after your proceeds are the same as in the Writ of Partition by pone and distringas, &c.

Of Wast.

VVaste is, where Tenant for Term of years, Tenant for life, or Tenant for Term of anothers life, Tenant in dower, or Tenant by the courtesie, or Guardian in Chivalery, doth make waste, or destruction upon the Land, (that is to say, pulleth down the house, or cutteth down Timber, or suffereth the house willingly to fall, or diggeth the ground, then he in the reversion shall have one Writ for the waste, and shall recover the place where the waste was done, & treble damages. Terms ley. [Page 14] The next processe after this Writ, is Pone, and upon the return thereof and filing it with the Filacer, he maketh out a distringas, and thereupon you may have an amerciament, in case the Defendant appear not. And then an alias, and a plures distringas, and fur­ther amerciaments as I told you before in other actions.

Of Inquiry of Damages.

It is a Writ directed to the Sheriffe, whereby the Sheriffe by the Oath of Jurors is to enquire of the costs, which are the expences of the suite: And dam­ages which contain the hinderance that the Plaintiff, or Demandant in a real, or personal action hath suffered by means of the wrong done unto him by the Defendant, or Tenant, Terms ley.

Of a Scire facias, upon a special Bail in the Filacers Office.

It is a VVrit that issueth out after Judgement had, and obtained by the [Page 15] Plaintiffe against the Defendant by a nihil dicit, non sum informatus, confes­sion of the Action, Trial by nisi prius, or otherwise: And the Plaintiffe having so obtained judgement against the De­fendant, and perceiving that he is not easily to be arrested and taken in exe­cution, or not sufficient to satisfie the same, but knoweth the Bayl to be bet­ter able, than the Plaintiffe, may at his choice leave the Defendant, and prose­cute the Bayl in this manner.

First Judgement being entred, he must sue forth a Capias ad satisfacien­dum against the Defendant directed to the Sheriffe of the same County, where the Action was first laid, and get the same returned by a non est inventus, then he must procure a VVrit of Scire facias from the Filacer against the Bayl, if the Bayl were taken by the Filacer upon the Capias, alias plures, habeas Corpus, &c. issuing out of that Office, upon which VVrit, if the She­riffe return a Scire feci, then there needs [Page 16] no second VVrit to be made, but if he return a nihil, then there must a second VVrit of Scire facias, which being like­wise returned with a nihil, then the two VVrits of Scire facias must be taken out upon the remembrance in the Pro­thonotaries Office with the returns of them, and rules thereupon given and filed accordingly, with the Custos Bre­vium, and thereupon if the Bayl shew not cause why Judgement should not be had, Judgement by default shall be entred against them in the said Protho­notaries Office, for the summe in which they became Bayl as aforesaid, where­upon the Plaintiffe may take execution out against them, either by fieri facias, or elegit: but not by Capias ad satisfa­ciendum against their persons.

And in this case observe, that the Plaintiffe may likewise sue and Arrest the Bayl going by way of Original at the Common Law, for the summe for which they became Bayl, and Arrest their bodies, either upon the Capias, [Page 17] or plures, or sue them to the exigent thereupon, and declare upon the said Recognizance, using all proceedings therein, as in an Action of Debt, but in this the Action must be laid in the County of Middlesex, onely where the Records do lie, and whence the venew out of that respect must rise.

And if the Bayl cannot be Arrested in the County of Middlesex, upon a Capias, &c. you may return (he cannot be found, &c. and sue forth thereupon a Testatum, and by that means Arrest them in any other County, where they may be found, observing all the pro­ceedings, as in an Action of Debt.

Of a Supersedeas.

It is a Writ awarded to the Sheriffe commanding him to surcease for to Arrest the party, and if he have Ar­rested him, then that he set him at Li­berty: For that the Defendant hath ap­peared, or found sufficient Bayl for his [Page 18] appearance by the return of the Pro­cesse, &c. See more of this Writ how and for what it may be granted in F. N. B. 591. 593. 594.

Of a VVrit of Dower, and of a Grand-cape and Petite-cape.

It is a Writ, and it lieth, where a man is sole seised, during the Coverture be­tween him and his wife, of Lands, or Tenements in Fee-simple, or Fee-tail, where, by possibility the issue between them may inherit, if such a man die, his wife shall recover the third part of all the Lands whereof the Husband was sole seised any time during the Cover­ture Terms-ley, it is called Dower, or Dowery as a gift, because the Law it self doth (without any gift of the Hus­band) give it to her. The Processe in this Action of Dower are,

First, a Summons between the Teste, and return whereof, there is 5. returns.

And if the Tenant neither appear nor [Page 19] nor cast an Essoigne, entring a ne reci­piatur, a grand Cape lies to seize the Lands, &c. for that for such his default the Tenant shall loose his Land.

But if he wage his Law of non Sum­mons, he shall save his default, and then he may plead with the Demandant.

Note, that in the Grand Cape the Tenant shall be summoned to answer to the default, and further to the De­mandant, but in petite Cape he shall be summoned to answer to the default onely, and not to the Demandant, and it is called a petite Cape, because it in­cludes lesse than the other.

And if the Tenant by the return of the Summons, Essoigne, the Deman­dant adjourns 15. dayes longer, in such case the Attorney for the Tenant may enter with the Filacer that the Tenant appears, and prayes view, &c. then a Writ of view goes out, whereby the Sheriffe is to shew the Tenant the Lands in question, which supposeth the Tenant knows not well what Lands [Page 20] it is that the Demandant asketh, by the return of which Writ of view the Te­nants Attorney takes a Declaration.

Note, that where a default is made after appearance, there a petite Cape is to issue forth at the Demandants suite, which is made as likewise the grand Cape by the Filacer of the County where the Land lieth.

Of a Formedon.

There are three sorts of Formedon, viz. in Descender, in Remainder, and in Reverter.

The first is where Tenant in the tail enfeoffeth a Stranger, or is disseised and dieth, the Heir shall have the Writ of Formedon in Descender to recover the Land.

The second is where one gives Lands in the tail, and for default of issue the Remainder to another in the tail, and that for default of such issue the Land shall Revert to the Donor, if the first [Page 21] Tenant in tail die without issue, he in the Remainder shall have a Formedon in Remainder.

But if the Tenant in the tail die with­out issue, and he in the Remainder also die without issue, then the Donor, or his Heirs shall have a Formedon in the Reverter, Terms ley.

The processe incident to this action are first a Summons between the Teste, and return whereof there is 9. returns, and the same Processe, which are in Dower after the Summons, that is a grand Cape Writ of view and petite Cape, the proceedings are much like to that of Dower.

Of a Habeas Corpus, Duces tecum Di­stringas nuper Vic and Distr. Bal.

If upon your Capias alias, or plures, &c. the Defendant be arrested, and put in bond for his appearance to the She­riffe, you must have the Sheriffe return a cepi Corpus, upon which, if the party [Page 22] do not appear at the return of the Writ you may give the Sheriffe a Rule to bring in his body on pain of 40. s. &c. which Rule the Filacer entreth, if the Sheriffe will not return this VVrit of habeas Corpus, you may amearce him as before if he doth return the VVrit, and brings not in the body, he can return nothing but a languidus in prisona, &c. And upon that you may have a duces tecum licet languidus, &c. or else after the party is al rested, you may have a habeas Corpus. But if the Sheriffe goeth forth of Office before he return the habeas Corpus, and delivereth it not, nor the prisoner to the next Sheriffe, his Successor, there shall issue forth a di­stringas nuper vic against him to the Sheriff his Successor. And if the habeas Corpus be not returned, there may issue out an alias and plures distringas nuper vic ad infinitum, untill the Defendant appear, and the amearcements shall be encreased and doubled every time up­on the distringas nuper vic, but upon [Page 23] the habeas Corpus, alias, or plures there shall be but 40. s. amearcements set, and the amearcements both of the distrin­gas nuper vic, and of the habeas Corpus are entred by the Filacer, and once every half year extreated into the Ex­chequer.

If any of the parties to be arrested, dwell within a Liberty, you must get the Sheriffe to return a mandavi balivo on your Processe, and upon that the course is to have a non omittas, &c. If the amerciaments be not extreted, and the Plaintiffs Attorney (to whose client the Sheriffs bond is commonly assign­ed) be not contented and consent that you may appear as of the same Term, the first VVrit was returnable. And to accept of a Declaration, & not to delay the Plaintiffe in his suit: The Court will usually order the suite upon the Sheriffs bond, to stay, or if the amercia­ments be extreated, then upon the same offer, and also to take off those amercia­ments the Court will order the like.

[Page 24]A habeas Corpus ad respondendum may be granted to the VVarden of the Fleet, or to the Keeper of an inferiour prison of a Liberty, or Franchize, where a Capias is returned in Court non est inventus. And such VVrit is to recite shortly the Capias, and to be re­turnable at a day certain in Court, and to be a good cause of deteiner, as well as where a Capias ad respondendum comes to a Sheriffe, vide. New rules and orders.

Of Rescous.

It is a VVrit that lieth where a man is arrested, and he himself, or another in his behalf doth rescue him.

Or where any man taketh a distresse, and another taketh it again from him, and will not suffer him to carry the di­stresse with him, then he doth to him Rescous, &c. and upon that he may have this VVrit, and shall recover damages for it.

And if one distrain beasts for dam­age [Page 25] Fesant in his ground, and drive them in the High-way for to impound them, and in going they enter into the house of him, whose they be, and he withholdeth them there, and will not suffer the other to impound them, then that withholding is a Rescous, Terms ley.

The Processe incident to this Action are first a Summons, & then an Attach­ment and Distringas, and then alias, and plures distringas in infinitum.

Of an Adjournement.

An adjournement is when any Court is dissolved and determined, and as­signed to be kept again at another place or time, and is compounded of two words (ad) or (all) and jour. Terms ley, in what Processe adjournment lieth see in the Title of adjournment, in F. N. B.

Of a Discontinuance.

As there is a discontinuance of pos­session, which it is not to our purpose [Page 26] here, to treat of, so there is a disconti­nuance of Processe, or Plea, and this is when the instant is lost, and may not be taken again, but by a new Writ to begin the suite afresh for to be discon­tinued, and to be put without day is all one, and nothing else but finally to be dismissed the Court of that instance, West. part. 2. tit. fines. Sect. 115. Crom­ptons Jurisd. fol. 131.

Note, that if you cannot arrest the party upon your first Processe taken from the Filacer, you must have them carefully continued from Term to Term, otherwise if upon a second Writ the Defendant finde your Writ discontinued, he may enter a disconti­nuance. And the want of any one con­tinuance is errour at the time of the judgement.

Of special Bail.

If the appearance be upon arrest by the Capias alias, or plures, then the Bail [Page 27] must be taken, and entred by the Fila­cer of the same County where the acti­on was laid, and who made the said pro­cess.

Here followeth the new orders concer­ning special Bail.

That if the Defendant appears upon the Summons, Attachment, or distress, or by supersedeas quia improvide, or doth truely render himself upon the exigent, no Bail is requirable.

That in all causes of removeal, be it by habeas Corpus priviledge, or Certio­rari, special Bail ought to be given.

That in causes where the Defendant comes in by cepi Corpus, be it debt, de­tinue, trespasse for goods, action upon the case (except slander) if the debt, or damages amount to twenty pounds, special Bail is to be given, except it be against an Heir, Executor, or Admini­strator.

That in Covenant, because the dam­ages are uncertain, till declaration Bail at discretion.

[Page 28]That in battery, conspiracy, false im­prisonment no special Bail of course, without special motion and order.

That in slander no special Bail, ex­cept in slander of title, wherein to be left to the discretion of the Judges.

That in priviledge, other than for Fees, and disbursements as an Attor­ney, Bail at discretion of the Court. In such case wherein a suite by a com­mon person especial Bail is not requi­site.

That if Bail be given upon reversal of an Outlary, or removeable by habeas Corpus, the Original to be shown upon tendring of the Declaration, otherwise the Bail not liable; unlesse the party, or his Attorney will voluntarily appear, or take a Declaration without shewing of it.

That in case of a removeal out of an inferiour Court, or reversal the new Original to agree in the nature of the Action, the summe in demand, and the County, otherwise the Bail not lia­ble: [Page 29] but if the party will voluntarily appear to such varying Original, to be good as to the party: but if upon a cause removed by habeas corpus out of the Courts of Canterbury, Southampton, Hull, Litchfield, or Pool, which are Counties where the Judges of nisi prius seldom come, if the Action be transi­tory, it must be laid in the County of Kent, Southampton, York, Stafford, or Dorset, where the Town and County lieth, and the Recognizance to be taken accordingly.

That the principal rendring himself at any time after Bail put in, and before or upon the day of appearance of the scire facias, returned scire feci, or of the second scire facias returned nihil, or in case there shall be an action of debt brought upon the Recognizance against the Bail, then if the principal shall render himself upon, or before the processe returned served, no further proceedings to be against the Bail.

The new Orders concerning appear­ances.

That appearances be duely entred with the Filacers: but if special Bail be requirable in the case, the Plaintiffe not to be concluded by such appear­ances, if he insist upon it.

That where an appearance is upon the Original Writ, if the Defendants appearance be not entred of Record, the Defendants Attorney to give his hand to the Plaintiffs Attorney, upon the delivery of the Declaration that he appeareth thereunto.

That any Attorney of either Bench accepting a Warrant to appear, or sub­scribing a Processe, Declaration, or Warrant to appear, be compelled to cause appearance, or be liable to an at­tachment, or put out of the Role, as the case requires, and the party not to be received to countermaund such ap­pearance after his retainer, &c.

[Page 31]That if a Capias be returned in Court, non est inventus, against a Pri­soner in the Fleet, he is compellable to appear upon a habeas Corpus ad respon­dendum as well at the suite of a stran­ger, as at his suite whereupon he is im­prisoned, and to answer to a Declara­tion according to the rule of the Court, or that judgement be entred against him, &c. with many other Orders which tendeth not to our purpose. Having thus gone through the greatest part of the course of the Filacers Of­fice, and the nature of their Writs. I shall now in order set down their Fees, they take for their Writs, and the en­try of them.

The Filacers Fees.

• Inprimis. For every Capias alias, and plures in debt detinue and trespasse, not having more then 4. names in a Writ and entry thereof. 6. d.
• [Page 32]If there be above 5. names it is double, and you pay for it. 1. s.
• Item, For delivery of every first Ca­pias upon Record and entry thereof. 4. d.
• Item, For every Testatum upon any the said Writs, pone in Replevine and Summons. 1. s.
• Item, For every Capias alias, and plures in account Covenant Annunity, Ejectione firme, and upon penal Sta­tutes. 1. s.
• Item, For every Writ in an Action upon the case, if it contains not 10. lines. 1. s.
• But if it contains 10. lines you pay six pence more, if 15. lines 12. pence more, so that they reckon for every 5. lines after the first 5. lines, if the Action of the case contained 10. lines, or more. 6. d.
• Item, For every Retorno habendo, and second deliverance before appear­ance, and entry thereof. 2.s. 6.d.
• Item, For every non Omittas and Capias in Withernham. 2.s. 6.d.
• Item, For every Writ of Partition, War-
• [Page 33] Item, For every writ for enquiry of dammages in reall actions Scire facias and Supersedeas. 2.s.
• Item, For every grand Cape alias summons, petite cape, and entrie there­of. 2. s. 6. d:
• Item, for the Copie of the entry there­of. 8. d.
• Item, For the demandant in every, writ of view and entry thereof 2.s. 6.d.
• Item, For a Copie of the entrie there­of. 8. d.
• Item, For every writ of Seisin and entry thereof 4. s. 6. d.
• Item, For the view prayer 2.s:
• Item, For a Copie of the entry there­of. 8. d.
• Item, For every writ of habeas Cor­pus, duc. coram, distring. nuper vic. and distring. ballivum. 2. s.
• Item, For every writ of rescous and entry thereof. 2. s.
• Item, For the entry of every adjourn­ment, discontinuance and resort 4. d.
• Item, For every speciall baile [Page 34] and the entry thereof. 2. s. 10. d.
• Item, For every appearance in reall and mixt Actions 4. d.
• Item, Upon every appearance upon writs to arrest, and the entry thereof. 1.s.
• Item, For searches, Copies, number Rols, and giving of Rules, each of them 4. d.

A Capias in debte against one defen­dant only.

OLIVER Lord Protector &c. To the Sheriffe of Middlesex gree­ting, we command you that you take A. B. late of &c. if he shalbe found in [Page 35] your bailywick, and him safely keep, so that you may have his body before our Justices of the Common Bench at Westminster (tali die) to answer I. P. in a Plea that he render unto him 40. pounds, which to him he oweth and unjustly detaineth, as it is said. And have you there this writ, witnesse O. St. John at Westminster the 23 day of Ja. In the year of our Lord 1654.

The entry Thereof.

Mid. ss. I.P. by his Attorney offered himself the 4th. day against A.B. late of &c. in a Plea that he render to him 40 l. which to him, he oweth & unjustly de­taineth &c. And he came not and the Sheriffe was commanded to summon him &c. & the Sheriffe returns to that, he hath nothing &c. therefore let him be taken that he may be here from the day of St. Michael in three weeks And the writ is delivered upon Re­cord &c.

An alias Capias.

Oliver &c. (as above) we command you as heretofore we command­ed you, that you take &c. ut supra ad finem.

The entrie Thereof.

I. P. by his Attorney offered him­self the 4th. day &c. (as above untill) and he came not, and the Sheriffe was commanded to take him &c. And the Sheriffe returned that he is not found &c. Therefore as heretofore he was been commanded, let him be taken that he may be here in the morrow of All-Souls &c.

A plures Capias.

Oliver &c. we command you as of­ten times we commanded you, that you take &c (as above to the end) &c.

The entry thereof.

M. ss. I.P. by his Attorney offered himself the 4th. day &c. (as above un­till) and he came not. And as heretofore the Sheriffe was cōmanded to take him &c, And the Sheriffe returned that he is not found &c. Therefore as often times he hath been commanded let him be taken that he may be here from the day of St. Martins in 15. dayes &c.

The entry of a Capias, al. Capias, and plures Capias all in one roll.

I. P. by his Attorney offered him­self the 4th. day against A. B. late of &c. in a Plea, that he render to him twenty pounds, which to him he oweth and unjustly detaineth &c. And he came not, and the Sheriffe was com­manded that he should summon him &c. And the Sheriffe returned that he hath nothing &c. Therefore let him [Page 38] betaken, that he may be here in the mor­row of All-Souls &c. And the Writ is delivered upon record, at which day here came the aforesaid I. P. by his At­torney and proffered himself the 4th. day against the said A. B. in the Plea aforesaid, and he came not, and the Sheriffe was commanded to take him &c. And the Sheriffe returned that he is not found &c. Therefore as hereto­fore let him be taken that he may be here from the day of St. Martin in 15. daies &c. At which day here came the aforesaid I. P. by his Attorney and proffered himself the 4th. day against the said A. B. in the Plea aforesaid and he came not, and as heretofore the Sheriffe was commanded to take him &c. And the Sheriffe returned that he is not found &c. Therefore as often times he hath been commanded let him be taken that he may be here in Eight dayes of St. Hillary, &c.

A Capias in trespass.

Oliver Lord Protector &c. (as in [Page 39] others unto) in a Plea wherefore with force and armes the Close of the said A. at L. he brake and other wrongs to him did to the great dammage of the said A. B. and against the publick peace; And have you there this writ witnesse O. St. John at Westminster the [...] day of [...] In the year of our Lord 1654.

The entry thereof.

I. P. by his Attorney offered him­self the 4th. day against A. B. late of &c. in a Plea wherefore with force and armes the Close of the said I. at C. he break and other wrongs &c. to the great dammage, &c. And against the pub. peace &c. and he came not; And the Sheriffe was commanded to attach him &c. And the Sheriffe returned that he hath nothing &c. (as it followeth in others before.)

A Capias in Assault and Battery.

Oliver Lord Protector &c. (as in o­thers [Page 40] unto) wherefore with force and armes upon him the said I. at C. he made an assault and him did beat wound and evill intreat so that of his life it was des­paired and other wrongs to him did &c. as in the next before.

The entry thereof against severall defendants.

If there be two defendants in debt then thus: proffered himself the 4th. day against A. B. late of &c. and against C. D. late of &c. in a Plea that each of them, (if there be three or more defen­dants) then in a Plea that every of them, render to him 40l. which they owe him and unjustly detain, &c.

The entry against defendants in severall Sums.

If the Sums are severall then thus, against A. B. late of &c. in a Plea that he render to him twentie pounds and against C. D. late of &c. in a Plea that [Page 41] he render to him 10l. which they owe him and unjustly detain &c.

Against an executour and another defendant.

(If against an Executor or admini­strator and another defendant then thus (against A. B. late of &c. Exe­cutor of the Testament &c. in a Plea that he render unto him 20l. which he unjustly detaineth &c. And against C. D. late of &c. in a Plea that he render unto him 20l. which to him he oweth him and unjustly detaineth &c.

Testat. Capias.

Oliver &c. to the Sheriffe of Wor­cester greeting, we command you that you take A.B. late of &c. (as in other Capias unto) as it is said, and for that the Sheriffes of London have certified to our said Justices at Westminster (tali die) last past that the said A. B. is not found [Page 42] their bailywick when as it is witnessed in our said Court that he doth lurk, wander and lie hid in your Countie, and have you there this writ &c.

The entry thereof.

I. P. by his Attorney offered him­self the 4th. day &c. (as in others un­to) and he came not, and the Sheriffs were commanded to summon him, and the Sheriffs returned that he hath no­thing &c. therefore let him be taken that he may be here in the morrow of All-Souls &c. And the writ is delivered upon record, at which day here came the aforesaid I. P. by his Attorney and offered himself the 4th. day against the said A.B. in the Plea aforesaid and he came not, and the Sheriffes were commanded to take him &c. And the Sheriffes returned that he is not found &c. and thereupon it is witnessed here in Court that the said A. B. doth lurk wander and lie hid in the County of [Page 43] Worcester; therefore the Sheriffe of Worcester is commanded to take the said A. B. if he shall be found in his bailywick, and him safely keep so that he may have his body there (tali die) to answer the said I. P. in the Plea a­foresaid &c.

A Capias in Ejectment.

Write as in another Capias till you come to; of a Plea, wherefore by force and armes two messuages, one garden, eight Acres of land, two Acres of mea­dow and three Acres of pasture, with the appurtenances in H. which R. C. to the aforesaid T. P. did demise for a Term, which is not yet past, did enter and him the said T. P. from his farm aforesaid he did eject and other harms to him he did to the great dammage of him the said T. P. and against the pub­lick peace &c.

The entry is as in another Capias in trespas mutatis mutandis. And if you [Page 44] cannot arrest upon the Capias, you may as in other actions proceed to the out­lary.

A Capias in an Action of trover.

As in another Capias till you come to in a Plea, wherefore with force and armes the Cattle of the said L. to the value of twenty pounds at London lately found he did take and carry a­way and other enormities &c.

The entrie is as in another Capias mutatis mutandis.

A Capias upon the statute of Bankrupt where the Assignee sues one of the Bankrupts debtors.

As in another Capias untill you come to, in a Plea that he render unto B. Assignee of the goods and Chattells of W. S. Bankrupt according to the form of the statute in such case made and provided two hundred pounds, which he oweth him and unjustly detaineth [Page 45] as it is said and have you there this writ &c.

The entry is as in another Capias.

In a Capias at the suit of an heire or against an heire you must say at the end of the Plea, which he oweth him and unjustly detaineth as it is said, & in the addition of him in either of the cases you must mention in your Capias that he is heire, and whose heir he is or else the writ will abate.

A Pone in debt.

Oliver Lord Protector, &c. Put un­der security and safe pledges A. B. late of &c. that he be before our Justices of the Common Bench at Westmin­ster from the day of Easter in 15. dayes to answer C. D. of a Plea that he ren­der to him 40l. which to him he ow­eth and unjustly detaineth as it is said, and to shew wherefore he was not be­fore [Page 46] our said Justices at Westminster in eight dayes of the Purification of the blessed Virgin Mary last past, as he was summoned, and have you there the names of the pledges, And this writ witnesse O. St. John at Westminster &c.

The entry thereof.

C. D. by his Attorney proffered himself the 4th. day against A. B. late of &c. in a Plea that he render un­to him 40l. which he oweth him and unjustly detaineth &c. And he came not and the Sheriffe was commanded to summon him &c. And the Sheriffe returned that he was summoned &c. Therefore let him be attached that he may be here from the day of Easter in 15. dayes.

A Pone and Capias in one Writ.

Oliver &c. to the Sheriffe of Mid­dlesex, [Page 47] greeting put under security and safe pledges A. B. late of S. Gentle­man that he be before our Justices of the Common Bench at Westminster in eight dayes of St. Michael to an­swer C. D. in a Plea that he render to him 10. l. which to him he oweth and unjustly detaineth as it is said, and to shew wherefore he was not before our said Justices at Westminster, from the day of Easter in 15. dayes last past as he was summoned, we command you also that you take Q. F. late of C. in your County, if he shalbe found in your bailywick, & him safely keep, so that you have his body at the aforesaid Term, to answer the aforesaid C. in a Plea that he ren­der to him C. S. &c. as it is said and have you there the names of the pled­ges, and this writ &c.

The entry thereof.

C. D. by his Attorney offered [Page 48] himself the 4th. day against A. B. late of T. in your County, in a Plea that he render to him 10l. And against G. F. late of N. in the County afore­said H. in a Plea that he render to him C. s. which they owe him and unjust­ly detain &c. and they came not, and the Sheriffe was commanded to sum­mon them &c. And as for the afore­said A. B. the Sheriffe returned that he was summoned &c. therefore let him be attached that he be here in eight dayes of St. Michael &c. And as for the aforesaid G. F. the Sheriffe return­ed that he hath nothing &c. therefore let him be taken that he be here at the aforesaid Term &c.

An alias Capias and an alias distrin­gas in one Writ.

Oliver &c. greeting, we command you as heretofore we commanded you that you distrain A. B. late of C. in your County Yeoman by all his lands [Page 49] and Cattles in your Bayly week, so that neither he, nor any for him lay hands thereupon untill you receive further command from us, and that you answer us of the profits thereof, so that you may have his body before the Justices of the Common-Bench at Westminster in eight dayes of St. Hillary, to answer C. D. of a Plea wherefore he together with G. F. late of N. in your County Husband-men with Force and Arms, the close of the said C. D. at N. he did break, and other wrongs to him did to the great damage of the said C.D. and against the publick peace, and to hear his judgement for many defaults, also we command you as heretofore we have commanded you that you take the aforesaid G. F. if he shall be found in your Bayly week, and him safely keep so that you have his body before the said Justices of the Common-Bench at VVestminster, at the aforesaid Term to answer the aforesaid C. D. of the Plea aforesaid, & have you there this Writ, &c.

The Entry thereof.

C. D. By his Attorney offered himself the fourth day against A.B. late of T. in the County aforesaid, Yeo­man. And G.F. late of N. in the Coun­ty aforesaid, Husband-man in a Plea, wherefore with Force and Arms the close of the said C. D. at M. they did break, and other wrongs, &c. to the great damage, &c. and against the pu­blick peace, &c. and they came not, and the Sheriffe was commanded that he should distrain the aforesaid A. B. &c. and that he should take the afore­said G. F. &c. and as for the aforesaid A. B. the Sheriffe returned that he is distrained by his Cattles to the value of four shillings, and is mainprized by John Doo, and Richard Roo. There­fore he is in mercy, &c. And as here­tofore, let him be distrained that he be here in eight dayes of St. Hillary, &c. and as for the aforesaid G. F. the She­riffe [Page 51] returned that he is not found, &c. therefore as heretofore, let him be ta­ken that he be here at the aforesaid Term, &c.

A pone after Essoigne.

Oliver, &c. put under security, &c. as before unto, as it is said, and to shew wherefore he did not keep the day gi­ven him by his Essoigne in Court, be­fore the Justices of the Common-Bench at Westminster from the day of Easter, in five weeks last past after he was summoned, and have you there the names of the pledges, and this Writ witnesse, &c.

The Entry thereof.

C. D. By his Attorney offered him­self, &c. (as above) & he came not, & he had thence day given him by his Es­soign here even unto this day (that is to say) from the day of Easter in 5. weeks [Page 52] after he was summoned, &c. therefore let him be attached, &c. (as before.)

A distr. in Debt upon a pone.

Oliver, &c. we command you that you distrain A.B. late of, &c. by all his Lands & Cattles in your Bayly week, so that neither he, nor any for him lay hands thereupon, untill you receive further command from us, and that you answer us of the profits thereof, so that you may have his body before the Justices of the Common-Bench at West-minster (such a day) to answer C. D. in a Plea that he render to him 40.l. which to him he oweth & unjustly detaineth as it is said, and to hear his judgement for many defaults, and have you there this Writ witnsse, &c.

The Entry thereof.

C. D. By his Attorney offered him­self the fourth day against A. B. late [Page 53] of, &c. in a Plea that he render to him 40. l. which to him he oweth and un­justly detaineth, &c. and he came not, and the Sheriffe was commanded to at­tach him, &c. and the Sheriffe returned that he is attached by his pledges John Roo, and Richard Roo, therefore they are in mercy, &c. and let the said A. B. be distrained that he be here (tali die) &c.

A Pone in a Recordure.

Oliver, &c. Put under security and safe pledges, A. B. that he be before our Justices at VVestminster (talie die) to answer C. D. of a Plea, wherefore he took the Cattle of the said C.D. & them unjustly detained against security and pledges as it is said, and to shew where­fore he was not in our Court before our Justices at VVestminster (tali die) last past, as day to him there was prefixed, and have you there the names of the Pledges, and this Writ witnesse, &c.

The Entry thereof.

A.B. By his Attorney offered him­self the fourth day against C. D. in a Plea, wherefore he took the Cattle of the said A. and them unjustly de­tained against security and pledges, &c. and he came not, and he had day here unto this day (to wit) in eight dayes of St. Martin by prefixion, &c. therefore let him be attached that he be here in eight dayes of St. Hillary, &c.

A distr. after Esloine.

Oliver, &c. As in other distr. till you come to (as it is said then) and to shew wherefore he kept not the day to him given by his Essoine, before our Ju­stices at Westminster, in eight dayes of St. Martine after he was summoned, and to hear his judgement for many defaults, and have you there this Writ, &c.

The Entry thereof.

C. D. By his Attorny offered him­self the fourth day against A. B. late of, &c. in a Plea that he render to him 100.s. which to him he oweth, and un­justly detaineth, &c. and he came not, & he had day by his Essoigne unto this day (to wit) in eight dayes of St. Mar­tine, after he was summoned (and if it be in trespasse, then thus) after he was attached, therefore let him be distrain­ed that he be herein eight dayes of St. Hillary, &c.

Testatum, Summons in Debt.

Oliver, &c. To the Sheriff of Here­ford: greeting, we command you that you Summon by good Summoners, A.B. of, &c. that he be before our Ju­stices at Westminster (tali die) to answer C. D. in a Plea that he render to him 40.l. &c. and for that our Sheriffs of [Page 56] London have certified to our Justices at Westminster (tali die) last past, that the aforesaid A. B. hath nothing in their Bayly week, whereby he may be sum­moned when as it is witnessed in our said Court that he hath sufficient in your Bayly week, and have you there the Summoners, and this Writ wit­nesse, &c.

The Entry thereof.

F. The Sheriffs were commanded that they should Summon A. B. late of T. &c. that he might be here at this day (to wit) in the morrow of St. Mar­tine to answer C.D. in a Plea that he render to him, per s. xx. which to him he oweth and unjustly detaineth, &c. and now here at this day came the aforesaid C. D. in his proper person, and offered himself the fourth day against the aforesaid A. B. in the Plea aforesaid, and he came not, and the Sheriffes returned that he hath no­thing, &c. And hereupon it is wit­nessed [Page 57] in our Court here, that the a­foresaid A. B. hath sufficient in the County of Hereford, where he may be summoned. Therefore the Sheriffe of Hereford is commanded that he should summon him, &c. that he be here in the morrow of the Purification of the blessed Virgin Marie, to answer the a­foresaid C.D. in the Plea aforesaid, &c.

A Summon in severance.

Oliver, &c. To the Sheriff of, &c. greeting, we command you that you take A. B. late of T. &c. if he shall be found in your Bayly week, & him safe­ly keep, so that, &c. To answer C. D. & G.F. Executors of the Testament of G. H. of a Plea that he render to them, c. s. zz. Also we command you that you Summon by good Summoners, the a­foresaid G. that he be before our Justi­ces at Westminster at the aforesaid Term, to persecute against the afore­said A. B. his Plea aforesaid, together with the aforesaid C. if he will, and [Page 58] have you there the Summons, and this Writ, &c.

The Entry thereof.

S. S. The Sheriff was commanded that he should Summon A. B. late of, &c. that he might be here at this day (to wit) (tali die) to answer C. D. and G. F. Executors of the Testament of G. H. in a Plea that he render to them Cs. zz. And now here at this day came the a­foresaid C. D. by T. A. his Attorney, the aforesaid G.F. being also complainant, &c. the fourth day of the Plea being solemnly called came not, & hereupon the aforesaid C. D. offered himself the fourth day, against the aforesaid A. B. of the Plea aforesaid, and he came not, and the Sheriffe returned that he hath nothing, &c. therefore let him be taken, that he be here in the morrow of all Souls, &c. and the Sheriffe is commanded that he should Summon the aforesaid G.F. that he be here at the [Page 59] aforesaid Term to prosecute against the aforesaid A. B. his Plea aforesaid, together with the aforesaid C.D. if, &c.

A Pone upon a Recordare.

Oliver, &c Greeting, put under se­curity and safe pledges, A. B. that he be before our Justices at Westminster (tali die) to answer C. D. in a Plea, wherefore he took the Cattle of the said C. D. and them unjustly detained against security & pledges as it is said, and to shew wherefore he was not in our Court before our Justices at West­minster (tali die) last past, as day to him there was prefixed, and have you there the names of the pledges, & this Writ witnesse, &c.

The Entry thereof.

Middl. ss. A. B. by his Attorney offereth himself the fourth day against C.D. in a Plea, wherefore he took the [Page 60] Cattle of the said A. and them unjustly detained against security and pledges, &c. And he came not, and he had thence day here unto this day (to wit) in eight dayes of St. Martine by prefi­xion, &c. Therefore let him be at­tached that he be here in eight dayes of St. Hillary, &c.

A Returno habendo.

Oliver, &c. Greeting, whereas C. D. was summoned to be in our Court be­fore our Justices at Westminster (tali die) to answer A. B. of a Plea, where­fore he took the Cattle of the said A.B. and them unjustly detained against se­curity and pledges as it is said, the said A.B. afterward in our said Court made default, whereby it was ordered in our said Court, that the aforesaid A.B. should go thence without day, and that the aforesaid C.D. & his pledges of pro­secuting should be in mercy, and that he should have return of the aforesaid [Page 61] Cattle. And therefore we command you that the aforesaid Cattle to the a­foresaid C. D. without delay you cause to be returned, and them at the plaint, of the aforesaid A. B. you deliver not without our Writ, which shall make ex­press mention of the aforesaid judg­ment, and how you shall execute this our Command, you make appear to our Justices, at Westminster, in eight dayes of St. Hillary, and have you &c.

The Entry thereof.

Mid. ss. C. D. by his Attorney of­fered himself the 4th. day against A. B. of a Plea wherefore he the said C. D. took the Cattle of the said A. and them unjustly detained against security and pledges, &c. And he being sol­lemnly exacted came not, and he was Plaintiffe, &c. therefore it is orde­red that he and his pledges of prose­cuting be in mercy, &c. And that the aforesaid A. B. go thence without day [Page 60] &c. And that he have return of the cat­tle aforesaid, &c. Inquire the names of the pledges, &c. and in what man­ner &c. the Sheriffe make appear here in eight dayes of St. Hillary, &c.

A. Second deliverance.

Oliver, &c. greeting if A. B. shall secure you for prosecuteing his plaint and of returning his Cattle which to C. D. in our Court before our Justices at Westminster, were ad­judged for default of the said A. B. or for the price of them, if return thereof shalbe adjudged then to the same A. B. his Cattle aforesaid without de­lay you cause to be delivered, and put under security and safe pledges the a­foresaid C. D. that he be before our Justices at Westminster, in eight dayes of the Purification of the blessed Vir­gine Mary to answer the aforesaid A. B. of the taking and unjustly detain­ing of the Cattle aforesaid, and have [Page 61] you there the names of the pledges, and this writ, &c.

A Non omittas.

Oliver, &c. we command you that you omit not for any liberty of the li­berty of the Town of that St. Edmunds but you take A. B. late of T. &c. if he shall be found, &c. To answer C. D. of a Plea that he render to him c. s. zz. And whereupon your self hath certifi­ed to our Justices at Westminster, (tale die) last past that as to the taking the aforesaid A. B. you have commanded E. F. bayliffe of the aforesaid libertie who hath full return of all writs and the execution of them within that li­berty to whom the execution of the Writ aforesaid, did belong to be done F. insomuch that execution of the said Writ, out of the same liberty by you could not be done, which said bailiffe to you thereof hath given no answer, and have you, &c.

The Entry thereof.

C.D. by his Attorney offered him­self the 4th. day against A. B. late of &c. of a Plea that he render to him c. s. zz. And he came not, and the Sheriffe was commanded that he should take him if, &c. And safely, &c. so that he might have his body here at this day (to wit) in eight dayes of St. Michael, and the Sheriffe hath cer­tified that he had Commanded E. F. bailiffe of the liberty of Bury of St. Edmonds who hath full return, &c. And to whom, &c. who gave him no answer, &c. therefore the Sheriffe is commanded that he omit not for the liberty aforesaid, but he take the afore­said A. B. if &c. And safely, &c. So that he have his body here in the mor­row of all Souls, &c.

A. Distrin. Balivum.

Oliver Lord Protector, &c. we [Page 65] command you that you distrain our bayliffe of Dour utchie of Lancaster in your County, by all his lands, &c. (as in others) so that you may have (tali die) the body of A. B. late of T. in your County yeoman, whom by our command, lately he took as your self to our Justices at Westminster, in the morrow of All-Souls last past hath cer­tified to answer C. D. in a Plea that he render to him x. l. zz. as he saith, and to heare his judgment for many de­faults, and have you, &c.

The Entry thereof.

The Sheriffe was commanded that he should take A. B. late of, &c. if, &c. and him safely, &c. so that he might have his body here at this day (to wit) in the morrow of All-Souls to answer C. D. in a Plea that he render to him Ten pounds which he oweth him and unjustly detaineth, &c. and now here­at this day came the aforesaid C. D. by [Page 66] A. B. his Attorney, and offered him­self the 4th. against the aforesaid A. B. of the Plea aforesaid, and he came not, and the Sheriffe returned that he had commanded I. H. bailiffe of the liberty of our Dutchie of Lanchaster in the County aforesaid, who hath return of all Writs and of the execution of them within the liberty aforesaid, out of which liberty execution of that writ by him the said Sheriffe could not be done: which said bailiffe to the same Sheriffe thus answered, that he had taken the body of the aforesaid A. B. whose bo­dy here at this day he would have, and because the aforesaid bailiffe the body of the aforesaid A. B. here at this day hath not, therefore the same bailiffe is in mercy, and is amearced by the Justi­ces herein 40.s. therefore the Sheriffe is commanded that he distrain the a­foresaid bailiffe by all his lands, &c. and that of the proffits &c. so that he have here from the day of St. Martine in 15. dayes the body of the aforesaid [Page 67] A. B. whom &c. to answer the afore­said C. D. of the Plea aforesaid, &c. misericordia xl.s.

A. Grand Cape in Dower upon the Summons.

Oliver, &c. to the Sheriffe of Mid­dlesex greeting, take into our hand by the view of honest and lawfull men of your County the third part of two messuages, two acres of land and Ten, acres of meadow with the appurtenan­ces in B. which Nicholas Penny and Alice his wife in our Court before our Justices at Westminster claim as the Dower of the said Alice by the endow­ment of R. S. heretofore her husband against I. K. by our Writ of Dower, whereof she hath nothing by the de­fault of the said. I. And the day of the takeing, you certifie to our Justices at Westminster by your letters sealed, and Summon by good Summoners, the aforesaid I. that he be before our Justi­ces [Page 68] at Westminster in eight dayes of St. Michael to answer thereunto, and to shew wherefore he was not before our Justices at Westminster in the morrow of the holy Trinity last past, as he was Summoned, and have you there the names of them by whose view you shall make this Summons, and this Writ witnesse, &c.

The Entry thereof.

ss. Nicholas Penny and Alice his wife by I. G. their Attorney offered them­selves the 4th. against I. K. in a Plea of the third part of two messuages twen­ty acres of land and ten acres of mea­dow with the appurtenances in B. which the aforesaid Nicholas and Alice in our Court here claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against him by our Writ of Dower whereof she hath nothing, &c. and he came not, and he was Summoned, &c. therefore let the [Page 69] third part aforesaid with the appurte­nances be taken into our hand, and a day, &c. And the aforesaid I. K. be summoned that he be here in eight dayes of St. Michaell, &c.

The Entry of an Alias Grand, Cape.

And the aforesaid I. K. was Sum­moned that he be here in eight dayes of St. Michaell. &c. at which day here came the aforesaid Nich. and Alice by their Attorney aforesaid, and the Sheriffe hath not Executed the Writ, therefore as heretofore let the Tene­ments aforesaid with the appurtenan­ces be taken into the hand of the Lord Protector, &c. And the aforesaid I. K. as heretofore be summoned that he be here in the morrow of All-Souls &c.

A Pone after an Essoin in Dower.

Oliver, &c. Greeting put under se­curity and safe pledges C. D. that he [Page 70] be here &c. as he saith, and to shew wherefore he kept not the day to him given by his Essoin in our Court be­fore our Justices at Westminster in eight dayes of the holy Trinity last past af­ter he was summoned, and have you there the names of them by whose view, &c. as before.

The Entry thereof.

ss. In the Entry of the Writ afore­said let it be made as before untill as be­fore (to Wit) and he came not, and he had thence day by his Essoin here unto this day (to wit) in eight dayes of the holy Trinity after he was sum­moned, &c. therefore let the tenements aforesaid with the appurtenances be taken into the hand of the Lord Pro­tector, &c. And the aforesaid I. K. be summoned that he be here in eight dayes of St. Michaell, &c.

A writ of view in Dower.

Oliver, &c. we command you that [Page 71] justly and without delay you cause C. D. to have view of one messuage with the appurtenances in T. whereof Q. who was the wife of F. G. in our Court before our Justices at Westminster claimeth the third part against him as her Dower by the endowment of the said F. G. heretofore her husband by our Writ of Dower, whereof she hath nothing as she saieth, and speak to 4. Knights of them that shalbe present at that view, that they be before our Justi­ces at Westminster in eight dayes of St. Hillary to testifie that view, and have you there the names of the 4 Knights and this Writ witness, &c.

The Entry thereof.

ss. Q. who was the wife of F. R. by N. M. her Attorney demandeth a­gainst C. D. the third part of one mes­suage with the Appurtenances in T. as her Dower by the endowment of the aforesaid F. heretofore her husband by [Page 72] a Writ of the Lord Protector of Dower whereof she hath nothing &c. and the aforesaid C. D. by I. A. his Attorney came and demanded view of the mes­suage aforesaid with the appurtenances whereof &c. let him have it &c. day is given to the said parties here till in eight dayes of St. Hillary &c. And in the mean time &c.

A Languidus upon a Capias.

ss. The Sheriffe was commanded that he should take A. B. late of &c. if &c. And him safely &c. so that he might have his body before our Justi­ces here at this day (to wit) in eight dayes of St. Michaell to answer C. D. in a Plea that he render to him c. s. zz. and now here at this day came the a­foresaid C. D. by his Attorney &c. (as in other entryes unto) and he came not, and the Sheriffe returned that he took the body of the aforesaid A. B. which languished in prison and with so [Page 73] many and such infirmities in the same he is detained that without very great danger of death travaile or be carried he cannot, when as it is witnessed in our Court here that the aforesaid A. B. is healthfull and sound, and able to tra­vaile, therefore the Sheriffe is cōmand­ed that he have here from the day of St. Michaell in one moneth the body of the aforesaid A. B. to answer the afore­said C. D. in the Plea aforesaid, &c.

A habeas Corpus upon a Languidus.

ss. Oliver &c. We command you that you have before our Justices at Westminster from the day of St. Mi­chaell in one moneth the body of A. B. late of T. &c. whom by our precept you have taken and in your power de­taineth who so languished in our prison of O. and with so many and such infir­mities in the same grieved that without very great danger of death travaile or be carried, he could not as your self [Page 74] returned to our Justices at Westminster in eight dayes of St. Michaell last past to answer C. D. in a Plea that he render to him c. s. zz. And have you &c.

The Entry thereof.

ss. The Sheriffe was commanded that he should have here at this day to wit from the day of St. Michaell in one moneth the body of A. B. late of &c. whom by the precept of the Lord Pro­tector, he had taken and in his power did detain his body languishing in pri­son before the Justices here in eight dayes of St. Michaell last past he could not have, insomuch that with so many and such infirmities in the same prison he was detained that without very great danger of death travaile or be car­ried, he could not, as the same Sheriffe at that day there returned, to answer C. D. in a Plea that he render to him c. s. zz. And now here at this day came the aforesaid C. D. by I. N. his Attorney [Page 75] and offered himself the 4th. day against the aforesaid A. B. in the Plea aforesaid and the Sheriffe returned that the a­foresaid A. B. as yet languisheth in the prison aforesaid therefore the body of the said A. B. before the Justices here at this day he cannot have, insomuch that with so many and such infirmities and greifs in the same prison he is trou­bled that he cannot travaile or be car­ried without very great danger of death when as it is witnessed in the Court of the Protector here as the Pro­tector had received by the Testimony of a creditable person, that the afore­said A. B. is sound and healthfull and able to travaile therefore the Sheriffe is commanded that he or his under, Sheriffe be here in eight dayes of St. Martine bringing thither with him the aforesaid A. B. whether he shall be healthfull or infirme to answer the aforesaid C. D. in the Plea aforesaid and this under the pain of twenty pounds, &c.

A Duces tecum upon the Entry.

ss. Oliver, &c. whereas we lately commanded you that you should have before our Justices at Westminster in eight dayes of St. Hillary last past the body of A.B. late of &c. whom by our precept you took to answer C. D. in a Plea that he the said A.B. render to him 100.s.zz. And although the aforesaid A. B. be sound & healthfull and able to travaile as by the Testimonie of a cre­ditable person we have received, you notwithstanding permittum the said A. B. to wander at large in the same eight dayes of St. Hillary & returned that the same A. B. did languish in our prison under your custody so that the body of the said A. B. thereat that day you could not have, insomuch that he was troubled with so many and such in­firmities and greifes in the same prison that he could not then justly travaile neither be carried without very great [Page 77] danger of death, and for that we would not have our people in the prosecuti­ons of their actions in our Court to be persecuted nor our Court in such man­ner to be deluded, we cōmand you that you or your under Sheriffe be before our Justices at Westminster in eight dayes of the Purification of the blessed Virgin Mary bringing thither with you the aforesaid A. B. whether he shall be healthfull or infirm to answer the a­foresaid C. D. in the Plea aforesaid knowing for certain that if this shall be omitted, you shall undergoe the penal­ty of twenty pounds, and have you there this writ, &c.

The Entry of an alias non omittas.

ss. The Sheriffe was commanded that he should not omit for the liberty of the Town of Cant. but take I. G. late of R. in the County aforesaid yeoman if &c. and safely &c. so that he might have his body here at this day (to wit) [Page 78] in the morrow of All-Souls, to answer A. L. in a Plea that he render unto him c. s. zz. and now here at this day came the aforesaid I. L. by his Attorney and offered himself the 4th. day against the aforesaid I. G. in the aforesaid Plea and he came not, and the Sheriffe re­turned that he is not found &c. there­fore as heretofore he is commanded that he should not omit for the liberty aforesaid but take the aforesaid I. G. if &c. and safely &c. so that he might have his body here (tali die) &c.

The Entry of an distr. in debito.

ss. A.B. by his Attorney offered him­self the 4th. day against T. C. late of &c. in a Plea that he render to him c. s. zz. And he came not and the Sheriffe was commanded that he should attach him &c. and the Sheriffe returned that he is attached by pledges John Denn and Richard Fen, therefore he is in mercy &c. & let him be distrained that he be here (tali die) &c.

A distr. and a Pone in one Writ.

ss. Oliver &c. we command you that you distrain H. S. late of &c. as in a­nother distr. &c. to answer T. M. in a Plea that he together with C. D. &c. render unto him c. s. zz. And to hear his judgment for many defaults &c. we also command you that you put un­der security and safe pledges the afore­said C. that he be before our said Justi­ces at Westminster at the aforesaid Term to answer the aforesaid T. M. to­gether with the aforesaid H. in the Plea aforesaid, and to shew wherefore he kept not the day to him given by his Essoin before our Justices at Westmin­ster from the day of Easter in 15. dayes last past after he was summoned and have you, &c.

The Entry of a Capias and latitat.

ss. A. B. by his Attorney offered him­self [Page 80] the 4th. day against I. L. late of &c. and against W. C. &c. in a Plea that both of them render to him c. s. zz. And they came not, and the Sheriffe was commanded that he should take them &c. and the Sheriffe returned that they are not found &c. and here­upon concerning the aforesaid I.L. it is witnessed in the Court of the Protector here that he doth lurk wander and lie hid in the County of Sommerset there­fore the Sheriffe of Sommerset, is com­manded that he take him if &c. and safely &c. so that he have his body here in eight dayes of St. Hillary &c. and whereupon &c. and also as here­tofore let the aforesaid W. C. be taken that he be here at the aforesaid Time &c.

The Entry of a distr. and Pone in one Writ.

ss. C. M. by his Attorney offered himself the 4th. day against T. S. late [Page 81] of, &c. of a Plea, that he together with C. his wife render to him C.s. which he oweth him & unjustly detains, &c. and they came not, and the Sheriffe was commanded that he should attach them, &c. And the Sheriff returned that they are attached by pledges, John Doo and Richard Roo, therefore they are in mer­cy, &c. and let them be destrained that they be here from the day of Easter in 10. dayes, &c.

A Writ of view in a Formedon in Descender.

ss. Oliver▪ &c. Greeting, we command you that without delay you cause T. A. to have view of one messuage with the appuretnances in C. which D.E. in our Court before our Justices at Westmin­ster, claimeth as his right by our Writ of Formedon in descender against him. and speak to 4. Knights of them, which shall be present at that view, that they be before our Justices at Westminster [Page 82] (tali die) to testifie that view, and have you there the names of the Knights, and this Writ witnesse, &c.

A Magnum Cape of a non Omitt. in a Writ of Dower.

ss. Oliver, &c. To the Sheriffe of Cambridge, Greeting, we command you that that you omit not for our Li­berty of our Bishoprick of Ely, the place being now void within the Isle of Ely in your County, but take into our hand by the view of honest and Law­full men of your County, the third part of one messuage with the appurtenan­ces in Outwell, which R.P. and D. his wife in our Court before our Justices at the Town of St. Albanes, in our County of Hertf. claim as her Dower, by the endowment of H. S. heretofore her husband against J. S. by our Writ of Dower, whereof she hath nothing by default of the said J. and the day of the Captiom certifie to our Justices, [Page 83] at the Town of St. Albane aforesaid by your Letters sealed, and Summon by good Summoners the aforesaid J. that he be here before our Justices at West­minster, from the day of the holy Tri­nity, in 3. weeks thereof to answer, and shew wherefore he kept not the day to him given by our Writ of Common adjournment after he was Summoned, and have you there the names of them, by whose view you shall make this Summons, and this Writ witnesse, &c.

The Entry thereof.

ss. The Sheriffe was commanded that he should take into the hand of the Lord Protector, the third part of one messuage with the appurtunances in O. which R.P. & D. his wife in the Court of the Protector claim as the Dower of the said D. by the endowment of H.S. heretofore her husband against J.S. by the Writ of the Lord Protector of Dower, whereof she hath nothing, &c. [Page 82] [...] [Page 83] [...] [Page 84] and day, &c. and that he should Sum­mon by good Summoners, the afore­said J. that he should be here at this day (to wit) from the day of Easter in 15. dayes last past, and now here at this day came the aforesaid R. and D. by A. B. their Attorney, &c. and the Sheriffe returned that for the exe­cution of the Writ of the Lord Prote­ctor lately to him directed, he com­manded the Bayliffe of the Liberty of the Lord Protector of his Bishoprick of Ely, the place being now void within the Isle of Ely, to whom, &c. insomuch that, &c. who thereof gave him no an­swer, therefore the Sheriffe is com­manded that he omit not for that Li­berty, but take into the hand of the Lord Protector the third part afore­said, with the appurtenances in form aforesaid, &c.

The Entry of an Amerciament against a Sheriffe, for not returning a Writ.

ss. At which day here came the afore­said [Page 85] J. by his Attorney, & the Sheriffe of the County aforesaid, although was solemnely exacted to return the Writ aforesaid came not, nor returned that Writ, therefore the same Sheriffe (to wit) J. S. is in mercy, &c. and is amear­ced by the Justices here to xl. s. &c.

An Original in Dower.

ss. Oliver, &c. To the Sheriff of Cam­bridge, Greeting, command W. C. that justly and without delay he render to L. S. Widow, who was the wife of R. S. her reasonable dower, which hap­neth to her of the Freehold, which was of the aforesaid R. in time past, her hus­band in Wisbech, whereof she hath no­thing as it is said, and whereof she complaineth that the aforesaid VV. de­forceth her, and unlesse he shall do it, &c. the xv. Pas Test. &c.

The Sheriffs Return.

ss. For the Execution of this Writ, I have made my Warrant to the Bayliffe [Page 86] of the Lord Protector, of the Bishop­rick of Ely, the place being now void within the Isle of Ely, who hath the full return and execution of all Writs with­in the same Liberty to execute, to whom the execution of this Writ doth wholy belong, insomuch that no exe­cution thereof elsewhere, than within the same Liberty by me could be done, which said Bayliffe no answer thereof to me gave, I.P. Ar. vic.

An alias Summons of a non omittas in Dower.

ss. Oliver, &c. To the Sheriff of Cam­bridge, Greeting, we command you that you omit not for our Liberty of the Bishoprick of Ely, the place being now void within the Isle of Ely, but com­mand W.C. that justly and without de­lay he render to L.S. Widow, who was the wife of R. S. her reasonable dower, which happeneth to her of the freehold which was of the aforesaid R. in time [Page 87] past, her husband in VVisbech, whereof she hath nothing as it is said, & where­of she complaineth that the aforesaid W. deforceth her, and unlesse he shall do it, and the aforesaid L. shall secure you for prosecuting her complaint, then Summon the aforesaid VV. that he be before our Justices at VVestminster, in the morrow of the holy Trinity, to shew wherefore he will not do it, and whereof your self hath certified to our Justices at Westminster, from the day of Easter in 15. dayes last past, that you commanded the Bayliffe of our Liber­ty of the aforesaid Bishoprick, the place being then void within the aforesaid Isle of Ely, who hath full return & ex­ecution of all Writs within the same Liberty to execute, to whom execution of the Writ aforesaid wholy belonged, in so much that no execution thereof elsewhere than within the same Liber­ty by you could be done, who no an­swer thereof to you gave, and have you there the Summoners, and this Writ witnesse, &c.

The Entry thereof.

ss. The Sheriffe was commanded that he should command W. C. that justly, &c. he should render to Luce S. Widow, who was the wife of R. S. her reasona­ble Dower, which hapneth to her of the freehold, which was of the aforesaid R. in time past her husband in Wisbetch, whereof she hath nothing, &c. and un­lesse, &c. then he should Summon by good Summoners the aforesaid W. that he might be here at this day (to wit) from the day of Easter in 15 dayes to shew wherefore he did it not. And now here at this day came the aforesaid Luce by Fr. T. her Attorney, and the Sheriffe returned that he commanded the Bayliffe of the Liberty of the Lord Protector of his Bishoprick of Ely, the place being then void within the Isle of Ely, who hath full &c. & to whom, &c. who to him no answer, &c. Therefore the Sheriff is commanded that he omit [Page 89] not for the Liberty aforesaid, but Sum­mon by good Summoners the aforesaid W. that he be here in the morrow of the holy Trinity to answer the afore­said Luce in the Plea aforesaid, &c.

A distr. nuper vic.

ss. Oliver, &c. We command you that you distrain A.B. Esq late Sheriff of your County, your predecessor by all his Lands and Cattles in your bayly week, so that neither, &c. so that he may have before our Justices at West­minster (tali die) the body of R.B. late of T. (as in the Writ) to answer S. P. in a Plea, that he render to him C. l. zz. whom by our command he hath taken as he to our Justices at Westminster in 8. dayes of the holy Trinity last past certified, and to hear his judgement for many defaults, and have you there this Writ witnesse, &c.

The Entry thereof.

ss. The Sheriffe was commanded that [Page 90] he should have here at this day (to wit) in eight dayes of St. Hillary last past, the body of H. late of, &c. whom the same Sheriffe took, and in his power detain­eth to answer R. S. in a Plea, that he render to him 40. l. which to him he oweth, and unjustly detaineth, &c. And now here at this day came the afore­said R. by M.I. his Attorny, and prof­fered himself the fourth day against the aforesaid H. in the Plea aforesaid, and he came not, and the Sheriffe returned that the same H. was not taken by him Sheriff, but by J. D. late Sheriff prede­cessor of him the now Sheriffe, nor the body of the same H. to the aforesaid now Sheriff was delivered in his going forth from his Office. Therefore the now Sheriffe is commanded that he di­strain the aforesaid late Sheriffe by all his Lands, &c. And that of the profits, &c. so that he have here (tali die) the body of the aforesaid H. whom, &c. to answer the aforesaid R. in the Plea a­foresaid, &c.

A Writ of alias Summons, where the Sheriffe returneth that the Plaintiffe hath not found pledges to prosecute.

ss. Oliver, &c. To the Sheriff of Suff. Greeting, for that A. B. in our Court before our Justices at Westminster, hath not secured our said Justices for prose­cuting his Plaint by John Den, and Ri­chard Fen, we command you that you Summon by good Summoners C.D. of D. in your County, Yeoman, that he be before our Justices at Westminster in 8. dayes of St. Hillary, to answer the a­foresaid A. B. in a Plea, that he render to him 40. s. which to him he oweth, and unjustly detaineth as it is said, and have you there the Summoners, and this Writ witnesse, &c.

The Entry thereof.

ss. The Sheriffe was commanded that he should Summon by good Summo­ners, [Page 92] C. D. of Dale, in the County a­foresaid, Yeoman, that he might be here at this day (to wit) in the morrow of all Souls, to answer A.B. in a Plea, that he render to him 40. s. which he to him oweth, and unjustly detaineth, &c. And now here at this day came the aforesaid A. B. by G. D. his Attorney, and the Sheriffe returned that the same A. B. did not finde for him pledges for pro­secuting, &c. And hereupon let the aforesaid A. B. here in Court finde pledges for persecuting his Plaint (to wit) John Den, & Richard Fen. There­fore as heretofore the Sheriff is com­manded that he Summon by good Summoners, the aforesaid G.D. that he be here in 8. dayes of St. Hillary, to an­swer the aforesaid A. B. in the Plea a­foresaid, &c.

The Entry of a Writ of Debt against two Executors, where they were Summon­ed, the Sheriffe returns the one Essoin­ed, and the other to have nothing, a Distr. against the one, and a Capias against the other.

ss. C. D. By his Attorney offered himself the 4. day against T. B. of, &c. and G.B. of, &c. Executors of the Te­stament of John C. in a Plea, that they render to him 100. s. which from him they unjustly detain, &c. and they came not, and the aforesaid T. B. had from thence day by his Essoin, here unto this day (to wit) in 8. dayes of St. Hillary, af­ter he was Summoned. Therefore let him be distrained that he be here in 8. dayes of the Purification of the blessed Virgin Marie, &c. And the Sheriff was commanded that he should distrain the aforesaid G.B. &c. and the Sheriffe re­turned, that he hath nothing, &c. there­fore let him be taken that he be here at the aforesaid Term, &c.

An Entry in Debt, brought by one Exe­cutor against another upon the Sum­mons to prosecute together, the Sheriff returns to the Capias he is not found, upon which another Capias is brought. And hath a Summons on which he re­turns a Tarde, &c. upon which is brought an Alias Summons.

The Sheriffe was commanded that he should take A. B. late of T. &c. if, &c. so that he might have his body hereat this day (to wit) in the morrow of all Souls, to answer C.D. and G.F. Execu­tors of the Testament of J. H. in a Plea, that he render to them 100. s. which from them they unjustly detain, &c. And also that he should Summon by good Summoners the aforesaid G.F. that he might be here at the afore­said term to prosecute against the afore­said A.B. his Plea aforesaid, with the aforesaid C. D. if, &c. And the afore­said A.B. came not, and the Sheriff re­turned that he is not found, &c. There­fore [Page 95] as heretofore, let him be taken that he be here from the day of St. Martine, in 15. dayes, &c. And as to the Sum­moning of the aforesaid G. F. the She­riffe returned that the Writ thereof came so late, &c. Therefore as hereto­fore let him be Summoned that he be here at the aforesaid Term, to prose­cute against the aforesaid A.B. his Plea aforesaid, together with the aforesaid C. D. if, &c.

In Debt against the one Executor upon the Summons to prosecute together, the Executor makes default upon which the other sueth alone.

The Sheriffe as heretofore, was com­manded that he should take A. B. late of T. &c. if, &c. and safely, &c. so that he might have his body here at this day (to wit) from the day of St. Martine, in 15. dayes to answer C.D. and G.F. Ex­ecutors of the Testament of G.H. in a Plea, that he render to them 100. s. [Page 96] which from them he unjustly detain­eth, &c. And also as heretofore, that he should Summon by good Summo­ners the aforesaid G. F. that he might be here at the aforesaid Term, to prose­cute against the aforesaid A. B. his Plea aforesaid, together with the aforesaid C.D. if, &c. And now here at this day came the aforesaid C. D. by A. B. his Attorney, & the aforesaid G.F. the 4^th. day of the Plea, being solemnly ex­acted, came not, and was Summoned, &c. Therefore it is ordered, that the aforesaid C.D. prosecute alone without the aforesaid G.F. against the aforesaid A. B. his Plea aforesaid, and here­upon the same C. offered himself the 4. day, against the aforesaid A.B. in the Plea aforesaid, and he came not, and the Sheriffe returned that he is not found, &c. Therefore as often times let him be taken that he be here in 8. dayes of St. Hillary, to answer the aforesaid C. D. in the Plea aforesaid, &c.

Nonsuit in a Replevin, and the award­ing of the Writ of second deli­verance.

ss. C.D. by his Attorney offered him­self the 4. day against A. B. in a Plea, wherefore the same C.D. took the Cat­tle of the said A. B. and them unjustly detained against security and pledges, &c. And he being solemnely exacted came not, & was Plaintiffe, &c. There­fore it is ordered that the aforesaid C. D. go thence without day, &c. and the aforesaid A.B. and his pledges for pro­secuting be in mercy, &c. enquire the names of the pledges, &c. & the afore­said C. D. have return of the Cattle a­foresaid, &c. and in what manner, &c. the Sheriffe make appear to the Justi­ces here in 8. dayes of St. Hillary, &c. and afterward (to wit) tali die, and An­no came here in Court the aforesaid A. B. by Th. N. his Attorney, and by the Statute, &c. he prayed a Writ of [Page 98] the Lord Protector of second deliver­ance of the Cattle aforesaid, and it is granted to him returnable here in eight dayes of the Purification of the blessed Virgin Marie.

Note, that if the Defendant brings not the Writ of Retorno habendo, within a year after the non Processe, then he shall be compelled to sue out a scire facias.

A Latitat. to the Chancellour of the County Pallatine of Chester, which was formerly used.

ss. Oliver, &c. To our Chancelour of our County Pallatine of Chester, or to him that holdeth his place there, Greeting, we command you that by our Writ under the Seal of our Coun­ty Pallatine aforesaid, duly to be made you to command the Sheriffe of the County Pallatine aforesaid, that he take R. I. &c. as in a Testatum &c.

Habere facias seisinam, upon Recovery in a Writ of Dower by default.

ss. Oliver, &c. To the Sheriffe of Middles. Greeting, know you that C. D. and A. his wife, who was the wife of A. B. in our Court, before our Justi­ces at Westminster have recovered their seisin against A.B. of the third part of one messuage with the appurtenances in S. by our Writ of Dower, whereof she hath nothing by the endowment of the aforesaid A. in time past, the husband of the aforesaid Alice wife of the said C.D. by default of the said A. B. And therefore we command you that to the same C. and A. full seisin of the third part aforesaid, with the appurtenances to be held by them in severalty by meets and bounds you cause to have, and to be assigned, and how you shall execute this our command you make appear to our Justices at Westminster, from the day of the holy Trinity in 15. [Page 100] dayes, and have you there this Writ witnesse, &c.

The Entry of seisin in Dower upon a Grand-Cape, by default of the Tennant.

ss. C. D. and A. his wife, who was the wife of R. B. by N. M. their Attorney, offered themselves the 4. day against A. B. in a Plea of the third part of one message, with the appurtenances in S. which the same C. and A. in the Court of the Protector here claim as the Dower of the said A. by a Writ of the Lord Protector of Dower, whereof she hath nothing by the Default of the said A. B. &c. and he came not, and he here­tofore made default here (to wit) in 8. dayes of St. Michael last past, after he was Summoned, &c. so that then the Sheriffe was commanded that he should take the third part aforesaid, with the appurtenances into the hand of the Lord Protector, and day, &c. and that [Page 101] he should Summon by good Summo­ners, the aforesaid A. B. that he should be here at this day (to wit) in the mor­row of all Souls, to answer the afore­said C. D. and A. as well of the princi­pal Plea, as of the default aforesaid, &c. And the Sheriffe now doth testifie the day of the taking, &c. and that he Summoned, &c. Therefore it is order­ed that the aforesaid C. and A. his wife recover their seisin of the third part a­foresaid, with the appurtenances against the aforesaid A.B. by default, &c. and the aforesaid A.B. be in mercy, &c.

A return of a Grand-Cape.

ss. By virtue of this Writ to me di­rected, I have the 10. day of May, in the year within written taken into the hand of the Lord Protector, the third part of the Tenements within specified with the appurtenances by the view of J.T. & R.H. lawfull men of my Coun­ty as within to me is commanded.

[Page 102]Summoners of the within written A.B. Jo. Roo, Rich. Roo.

Respons. T.M. militis, vic.

A Writ to enquire of Wast.

ss. Oliver, &c. Greeting, whereas lately we commanded you that you should distrain A.B. by all his Lands & Cattles in your bayly-week, so that nei­ther he, nor any for him should lay hands thereupon, untill you should re­ceive further command from us, & that of the profits thereof you should answer us, so that you might have his body be­fore our Justices at Westminster in eight dayes of St. Michael to answer C. D. in a Plea, wherefore whereas by the Com­mon Council of our Common-wealth of England, it is provided that it shall not be lawful for any one to make wast, sale, or destruction of Lands, Houses, Woods, or Gardens to him demised for Term of life, or years, the same A. B. of the Houses, Woods, and Gardens [Page 103] in T. which the aforesaid C. D. demi­sed to the same A. B. for his life made waste, sale and destruction to the dishe­riting of the said C. and against the form of the aforesaid provisor, the same A. in our said Court at that day made default, so that by a Statute in this like case provided, it was ordered in our said Court, that in your proper person you should go unto the Tene­ments aforesaid wasted (to wit) unto one messuage, and ten Acres of Wood, with the appurtenances in T. and there you should enquire of the waste done in the same. And therefore we command you that in your proper person you go to the Tenements aforesaid wasted, & be­fore you there you cause to come twelv, as well Knights as other free & lawfull men of that vicinage, by whom the truth of the matter may the better be known, and who are not a Kinne to the aforesaid C. and A. and by the Oath of them you diligently enquire what wast, what sale, and destruction the aforesaid [Page 104] A. hath made in the Tenements afore­said (to wit) by suffering in the mes­sage aforesaid, one Hall of the price of a hundred shillings, and one Barn of the price of 10. l. to stand and to be unco­vered, whereby the sound Timber of the same houses, by the rainy tempests upon them falling, become rotten and corrupt, and the houses by reason of the corruption of that Timber are endan­gered with ruin, by cutting down also & burning in the wood, there ten Oaks of the price of every of them, xx. d. and in the Garden there 40. Pear Trees of the price of every of them xii. d. to the disheriting of the aforesaid C. D. and against the form of the provisoe a­foresaid, & the inquisition which there­upon you shall make, you certifie to our Justices at Westminster, in the morrow of all Souls, under your Seal and the Seals of them, by whose Oath you shall make that inquisition, and have you there the names of them, by whose Oath you shall make the inquisition, and this Writ witnesse, &c.

The Entry of the Writ aforesaid.

ss. C. D. By his Attorney offered himself the fourth day against A. B. in a Plea, wherefore, whereas by the Common Council of the Common-wealth of the Lord Protector of Eng­land, it is provided, that it may not be lawfull for any one to make waste, sale, or destruction of lands, houses, woods, or gardens to him demised for term of life, or years, the same A. B. of the houses, woods, and gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste, sale, and destruction to the disheriting of the said C. D. and against the form of the pro­viso aforesaid, and he came not, and the Sheriffe was commanded that he should distrain him, &c. and the Sheriffe re­turned that he is distrained by Cattle to the value of ten shillings, and is main-prised by S. and N. therefore they are in mercy, &c. and hereupon the said C. [Page 106] D. saith, that he the first day of April in the year of our 1652. at T. demised to the aforesaid A. B. one messuage, ten Acres of Wood, and one Garden with the appurtenances in T. for term of his life, the same A.B. made waste sale and destructiō in the messuage, Wood, and Garden aforesaid, (to wit) by suffer­ing in the messuage aforesaid, one Hall of the price of 10. l. and one Barn of the price of 10. l. to stand and to be unco­vered, whereby the sound Timber of the same Houses by rainy Tempests upon them falling, becometh rotten and corrupt, and the Houses, by reason of the corruption of that Timber, are en­dangered with ruin, by cutting down also and burning in the Wood afore­said, ten Oaks of the price of every of them xx.d. and in the Garden afore­said 40. Pear Trees, of the price of eve­ry of them xii.d. to the disheriting of the aforesaid C.D. and against the form of the proviso aforesaid. Therefore the Sheriffe is commanded that in his pro­per [Page 107] person he go to the Tenements a­foresaid wasted, and there before him cause to come twelve, &c. by whom, &c. and who to the aforesaid C. and A. shall not be a Kinne, &c. to recognise upon their Oath, what waste, what sale, and destruction the aforesaid A.B. hath made in the Tenements aforesaid, and the inquisition, which, &c. he certifie here in the morrow of All Souls under his seal, &c. and the Seal of, &c.

A Writ of Petite Cape, which is brought after appearance.

ss. Oliver, &c. Greeting, take into our hand 4 messuages with the appur­tenances in T. which C.D. in our Court before our Justices at Westminster claimeth as his right against A. B. by our Writ of Formedon, in descender for default of the said A. B. and Sum­mon by good Summoners the aforesaid A. B. that he be before our Justices at Westminster in 8. dayes of St. Hillary, [Page 108] to hear thereupon his Judgement, and have you there the Summoners, and this Writ witnesse, &c.

The Entry thereof.

ss. C.D. By R. B. his Attorney offer­ed himself the 4th. day against A. B. in a Plea of 4. messuages with the appur­tenances in T. which the same C. D. in the Court of the Protector here claim­eth as his right against the aforesaid A. B. by the Writ of the Lord Protector of Formedon in descender, &c. and he came not, and he had thence day here even to this day (to wit) in eight dayes of St. Michael, after he before had ap­peared here in Court, therefore let the messuages aforesaid with the appurte­nances be taken into the hand of the Lord Protector, and the aforesaid A. B. Summoned that he be here in eight dayes of St. Hillary to hear his Judge­ment thereupon.

A Writ of Seisin upon a Petite Cape.

ss. Oliver, &c. Greeting, know you that C. D. in our Court, before our Ju­stices at Westminster hath recovered his Seisin against A. B. by default of the said A. B. of four messuages with the appurtenances in T. by our Writ of Formedon in descender. And therefore we command you that to the same C.D. full Seisin of the Tenements aforesaid, with the appurtenances without delay you cause to have, and how this our Command shall be executed you make appear to our Justices at Westminster in eight dayes of St. Hillary, and have you there this Writ witnesse, &c.

The Entry thereof.

ss. C.D. By R. N. his Attorney offer­ed himself the 4th. day against A. B. in a Plea of 4. messuages with the appur­tenances in T. which the same C. in the [Page 110] Court of the Protector here claimeth as his right against the aforesaid A. by the Writ of the Lord Protector of Forme­don in descender, and he came not, and he had thence day hereunto in 8. dayes of St. Michael, in the year of the Lord 1654. after he before had appeared here in Court, at which day the afore­said A.B. made default, so that then the Sheriff was commanded that he should take the Tenements aforesaid, with the appurtenances into the hand of the Lord Protector, &c. and that he should Summon by good Summoners, the a­foresaid A.B. that he might be here at this day (to wit) in 8. dayes of St. Hil­lary, to hear thereupon his Judgement, &c. and the Sheriffe returned that he took, &c. and that he Summoned, &c. Therefore it is ordered that the afore­said C. recover his Seisin against the a­foresaid A.B. of the Tenements afore­said, with the appurtenances by default, &c. and the aforesaid A. be in mercy, &c.

A Writ of Withernam upon a Plur. Repleg.

ss. Oliver, &c. Greeting, whereas late­ly as oftentimes we have commanded you that justly and without delay you should cause to be replevied to T. D. his Cattle, which R.M. took and unjust­ly detaineth, as it is said, according to the Tenor of our commands before thereupon to you directed, or you your self should be before our Justices at Westminster in eight dayes of St. Hilla­ry last past, to shew wherefore our com­mands aforesaid, so often thereof to you directed you contemned to execute, yet you to our said Justices at Westminster, at the aforesaid Term returned, that long before the coming of our Writ a­foresaid to you thence directed, the a­foresaid R. esloined the Cattle afore­said, to places to you unknown out of your Baily-wick, so that the same cattle to the aforesaid T. D. you could not re­plevy [Page 112] according to the Tenor of our Writs aforesaid, and for that we will, to withstand so great an injury, if it shall be committed, and that which is just to be done to the aforesaid T. D. Therefore we command you, that if the aforesaid T. D. shall secure you for prosecuting his Plaint. and also for returning his Cattle aforesaid, if return thereof shall be adjudged, then put under security and safe pledges the aforesaid R.M. that he be before our Justices at Westm. from the day of Easter in 15. dayes, to answer to the aforesaid T. D. of the taking and unjustly detaining of the Cattle afore­said, and as well us of the contempt to us, as to the aforesaid T.D. of the dam­ages and injuries to him in his behalf done, and in the mean time to the same T. D. his Cattle aforesaid without de­lay you cause to be replevied if you can. And if you cannot, then of the Cattle of the aforesaid R. M. you take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the [Page 113] same T. D. without delay, you deliver to be by him detained untill to him his Cattle aforesaid you can replieve, and have you there the names of the pledges, and this Writ witnesse, &c.

The Entry thereof.

ss. The Sheriffe was commanded, whereas lately, as oftentimes the Pro­tector had commanded the same She­riffe, that justly and without delay he should cause to be replevied to T. D. his Cattle which R.M. took, and unjust­ly detaineth, &c. or to the Lord Prote­ctor the cause should signifie, where­fore his command to the same Sheriffe directed, he would not execute, or could not, and he having despised the Commands of the said Lord Prote­ctor, to the aforesaid T. his Cattle hath not hitherto replevied, or at least signified to the Lord Protector the cause wherefore he would not, or could not do it, to the manifest contempt of the [Page 114] said Lord Protector his commands, and to the great damage and trouble of the said T. D. whereby the Lord Protector was injured very much, and moved, firmly injoyning the aforesaid Sheriffe, that to the aforesaid T.D. his Cattle a­foresaid he should cause to be replevied according to the Tenor of the com­mands of the Lord Protector before to him thereof directed, or the same She­riffe should be here at this day (to wit) from the day of Easter in 15. dayes to shew wherefore the aforesaid com­mands of the said Lord Protector, so of­ten to him thereof directed, he contem­ned to execute, & now here at this day came the aforesaid T. D. by J. N. his Attorney, and the Sheriff returned that long before the coming of the Writ aforesaid, of the Lord Protector to him thereof directed, the aforesaid R. M. es­loined the Cattle aforesaid to places to him unknown out of his Bayly-week, so that the same Cattle to the aforesaid T. D. he could not replevy [Page 115] according to the Tenor of the Writs aforesaid, and for that the Lord Pro­tector willeth to withstand so great an injury if it shall be committed, and that which is just to be done to the afore­said T. D. Therefore the Sheriffe is commanded that if the same T. D. shall secure the said Sheriffe for prosecuting his Plaint, & also for returning the Cat­tle aforesaid, if return thereof shall be adjudged, that then he put under secu­rity and safe pledges, the aforesaid R. M. that he be here in 8. dayes of the holy Trinity, to answer the aforesaid T. D. of the damages and wrongs to him in this behalf done, & in the mean time to the same T. his Cattle aforesaid, without delay he cause to be replevied if he can, and if he cannot, then of the Cattle of the aforesaid R. M. he take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the a­foresaid T. without delay he deliver by him to be detained, untill to him his Cattle aforesaid, he can replevy, &c.

A Writ of Adjournement made by the Filicer.

Oliver, &c. Greeting, we command you that all, and every our Writs, Bills, and precepts to you delivered, or to be delivered before our Justices at West­minster, in three weeks of St. Michael, in the moneth of St. Michael, and the morrow of all Souls, next to come, or in the mean time from the aforesaid three weeks, unto any day returnable in your custody you retain, and them have before our Justices at Westminster, in the morrow of St. Martin next, to come together with the Executions of the same, and this Writ, that our said Justices for the prosecution of the par­ties then may cause to be done, that which of right, and according to the Law and Custom of our Common-wealth of England ought to be done, and in your next County thenceforth to be holden you cause publickly to be proclaimed, that the parties in the same [Page 117] Writs, Bills, and Precepts their dayes before our said Justices in the aforesaid morrow of St. Martin, observe, wit­nesse, &c.

The return of the Writ.

By virtue of this Writ to me direct­ed, all the Writs, Bills, and Precepts, whereof within mention is made, in my custody I have retained, & them I have before the Justices within written, in the morrow of St. Martin within speci­fied, together with the Executions of the same, and also at my County hol­den at G. in my County, the day, and year within written, which said Coun­ty was my next County after the with­in written tenth day of October, I caused to be proclaimed, that the parties in the Writs, Bills, and Precepts within spe­cified, their dayes before the Justices within written, in the aforesaid morrow of St. Martin they observe, as within [...]o me is commanded.

C.D. Knight, Sheriffe.

The Entry of a Non Process, in a Writ of second deliverance.

ss. The Sheriffe was commanded, that if T. H. would secure him for pro­secuting his Plaint, and also for the re­turning of the Cattle, which to C. T. in the Court of the Lord Protector here were adjudged by default of the said T. H. or for the price of the same, if return thereof should be adjudged then to the same T. his Cattle aforesaid, without delay he should cause to be de­livered, and should put under security, and safe pledges the aforesaid C. T. that he might be here at this day (to wit) in 8. dayes of St. Hillary, to an­swer the aforesaid T. H. of the taking of the Cattle aforesaid. And now here at this day came the aforesaid C. T. by W.O. his Attorney, and offered himself the 4th. day against the aforesaid T. H. in the Plea aforesaid, and he being so­lemnely exacted came not, and was [Page 119] Plaintiffe, and the Sheriff returned that the same C. T. found to the same She­riffe pledges of prosecuting, & of have­ing return (to wit) I. K. and K. O. and that the aforesaid C. T. is attached by pledges, J.O. and A.B. Therefore it is ordered that the aforesaid T.H. and his pledges of prosecuting be in mercy, &c. and that the aforesaid C. T. go thence without day, &c. and that he have re­turn of the Cattle aforesaid, to be de­tained by him irrepledgeable for ever; enquire the names of the pledges, &c. and how, &c. the Sheriffe make appear here in 8. dayes of the Purification of the blessed Virgin Mary, &c.

A Writ of Distr. against one, and a Distr. after Esloin against another, in a Quare impedit.

ss. Oliver, &c. Greeting, we com­mand you that you distrain Philip Champernon, Esq Sheriff of the Coun­ty aforesaid, by all his Lands, &c. to [Page 120] answer William Kirkham, Esq in a Plea, that he together with Peter Maynwaren, Clark, permit the said William to pre­sent a fit person unto the Parish Church of the blessed Marie of Upton Pyne, which is void, and belongeth to his Do­nation, as (he saith) and to hear his judgement for many defaults, we also command you that you distrain the a­foresaid Peter M. by all his Lands, &c. (as above) so that you have his body before our said Justices at Westminster at the aforesaid Term, to answer the a­foresaid W. together with the aforesaid Philip in the Plea aforesaid, & to shew wherefore he kept not the day to him given by his Esloin in our Court before our Justices at Westwinster in 8. dayes of St. Martine after he was attached, and to hear his Judgement for many defaults, and have you there, &c. T. &c.

The Entry thereof.

ss. William Kirkham, Esq by his At­torney offered himself the fourth day [Page 121] against P. C. Esq Sheriff of the Coun­ty aforesaid, and P.M. Clark in a Plea, that they permit the said William to present a fit person to the Church of St. Marie, of R. Upton Pyne, which is void and belongeth to his Donation, &c. and they came not, and the Coro­nor was commanded that he should at­tach the aforesaid Philip, and the Coro­ronor returned that he is attached by Pledges, R. O. and C. D. therefore they are in mercy, &c. and the aforesaid Pe­ter had thence day given him by his Esloin here even to this day (to wit) in eight dayes of St. Martine after he was attached, &c. therefore let the same Philip, and P. be distrained that they be here in eight dayes of St. Hillary, &c.

A Pone after an Esloin, and a Distr. in one Writ, in a quare impedit.

ss. Oliver, &c. Greeting, put under security and safe pledges, Thomas Bre­rewood, and Will. Leuston Clark, that he [Page 122] be here (as in another Writ) to answer John Crugge in a Plea, that they toge­ther with John Bishop of Exiter, & Ro­bert Perens Clark, permit the said John Crugge to present a fit person to the Church of Exmister, which is void, and doth belong unto his Donation as he saith, and to shew wherefore they kept not the day to them given by their Es­loin in our Court before our Justices at Westminster, from the day of St. Hillary in 15. dayes after they were Summo­ned, we also command you that you distrain the aforesaid R. by all his lands, &c. (as above) before our Justices at Westminster at the aforesaid Term, to answer the aforesaid J.C. together with the aforesaid T. and VV. in Plea afore­said, and to hear his judgement for ma­ny defaults, and have you, &c. T. &c.

The Entry thereof.

ss. J.D. by his Attorney offered him­self the 4th. day against T. B. & VV.L. [Page 123] Clark, and P. Clark in a Plea, that they together with John Bishop of Exeter, permit the said J. C. to present a fit person to the Church of Exmister, which is void, and to his Donation be­longeth, &c. and they came not, and the aforesaid T. and VV. had thence day by their Esloin, here even to this day (to wit) from after they were Summo­ned, &c. therefore let them be attached that they be here in 8. dayes of S. Hil­lary, and the Sheriffe was commanded that he should attach the aforesaid R. &c. and the Sheriffe returned that he is attached by pledges, John Doo, and Richard Roo, therefore he is in mercy, &c. and let him be distrained, that he be here at the aforesaid eight dayes of St. Hillary, &c. or at the aforesaid term, &c.

Distringas against a Bishop to cause the Clark to come.

Oliver, &c. Greeting, we command you that you distrain VVilliam Bishop of [Page 124] Lincolne by all his Lands, &c. and that of the profits of the same to us you an­swer, so that he may have before our Justices at VVestminster, in eight dayes of St. Hillary A.B. his Clark, to answer C. D. in a Plea, that he render to him one hundred shillings, which to him he oweth, and unjustly detaineth, as (he saith,) and to hear his Judgement for many defaults, and have you, &c.

The Entry thereof.

ss. The reverend Father in Christ, VVilliam Bishop of Lincolne was com­manded that he should cause to come here at this day (to wit) in eight dayes of St. Hillary, A.B. his Clark to answer C. D. in a Plea, that he render to him 50. s. which to him he oweth & unjust­ly detaineth, &c. and now here at this day came the aforesaid C.D. by William S. his Attorney, and offered himself the 4th. day against the aforesaid A.B. in the Plea aforesaid, and he came not, [Page 125] and the aforesaid Bishop returned, that he is attached by pledges John Doo, & Richard Roo, therefore they are in mer­cy, &c. Therefore the Sheriffe is com­manded, that he distrain the aforesaid Bishop by all his Lands, &c. and that of the profits, &c. so that he have here in eight dayes of the Purification of the blessed Virgin Mary, the aforesaid A. B. his Clark to answer the aforesaid C. D. of the aforesaid Plea, &c.

The Entry of a quid Juris clamat.

ss. The Sheriffe was commanded that he should cause to come here at this day (to wit) in eight dayes of St. Michael, Jane Wevel Widow, to acknowledge what right she claimeth in four messua­ges, and two hundred Acres of Land, with the appurtenances in Pinghill, also Philip Buttler to acknowledge what right he claimeth in 50. Acres of Land, and five Acres of Meadow, with the ap­purtenances in P. aforesaid, which Tho­mas [Page 126] Prous in the Court of the Protector here hath granted to John Gye, by Fine thereof between them made, &c. and now here at this day came the aforesaid John Gye by John Ford his Attorney, and offered himself the 4th. day against the aforesaid Joan and Philip in the a­foresaid Pleas, and they came not, and the Sheriffe returned, that the aforesaid Joan is attached by pledges, John Den, and Richard Fen, and that the aforesaid Philip is attached by pledges, John Doo and Richard Roo, therefore they are in mercy, &c. and let them be distrained that they be here in 8. dayes of S. Hil­lary, &c.

A Distr. in a Quid Juris clamat.

Oliver, &c. To the Sheriffe, Greet­ing, we command you that you distrain Joan Wevel Widow, and Philip But­ler by all their Lands, &c. (as in another Writ) and that of, &c. so that, &c. in eight dayes of St. Michael, to acknow­ledge [Page 127] what right (that is to say) the a­foresaid Joan claimeth in 4. messuages, and CC Acres of Land, with the ap­purtenances in Poughill, also the afore­said Philip to acknowledge what right he claimeth in C. Acres of Land, and 5. Acres of Meadow, with the appurte­nances in P. aforesaid, which Thomas Prous in our Court before our Justices at Westminster, hath granted to John Gye by Fine thereof between them made, and to hear their Judgement for many defaults, and have you there this Writ, T. &c.

The Entry of the Writ aforesaid upon the Defendors, praying a Lilo.

ss. The Sheriff was commanded that he should distrain Joan Wevel Wi­dow, and Philip Butler, and M. his wife by all their Lands, &c. and that of the profits, &c. & that he should have their bodies before the Justices of the Lord Protector, here at this day (to wit) in [Page 128] eight days of S. Michael (that is to say) the aforesaid Joan to acknowledge what right she claimeth in four messua­ges, and 200. Acres of Land, with the appurtenances in Poughil, and the afore­said Philip, & M. to acknowledge what right they claim in 100. Acres of Land, and 5. Acres of Meadow, with the ap­purtenances in P. aforesaid, which T. Prous in the Court of the Protector here hath granted to John Gye by a Fine thereof between them made, &c. and now here at this day came as well the aforesaid John Gye, by John F. his Attorney, as the aforesaid Joan, also the aforesaid Philip, & M. in their pro­per persons, and hereupon the afore­said John Oye prayeth that the afore­said Joan, of the aforesaid four mes­suages, and two hundred Acres of land with the appurtenances, and that the a­foresaid Philip and Mary of the afore­said C. Acres of Land, and five Acres of Meadow, with the appurtenances to him may attain, &c.

[Page 149]And the aforesaid Joan, Philip and Mary pray, hearing of the Writ afore­said, and to them it is read, they pray also hearing of the Note whereupon the same Writ issueth forth, and it is read to them in these words: Between, &c. w^ch being read, & heard, they pray Licence thence of imparling here, till in 8. dayes of St. Michael, and they have, &c. the same day is given to the aforesaid John Gye here, &c.

The Entry of a Writ of Ravishment of Ward.

ss. The Sheriffe was commanded, that if John Prior of Taunton, & John Soper would secure the said Sheriffe for prosecuting their Plaint, then he should put under security and safe pledges, R. C. late of, &c. that he might be here at this day (to wit) in the morrow of the purification of the blessed Virgin Mary, to shew wherefore T. Prior, Son & Heir of N. P. being within age, whose mar­riage unto the said John Prior, and John [Page 114] Soper doth belong, at Taunton found he Ravished, and took away against the will of the said J. P. and J.S. & against the peace of the Lord Protector now, &c. and that the same Sheriffe should diligently inquire where the said Heir might be in his Bayly-week, and him, wheresoever he might be found, he should take, and safely, & securely keep, so that he might have him, & now here at this day came the aforesaid P. and J. by T.C. their Attorney, & offered them­selves the 4th. day against the aforesaid R. in the Plea aforesaid, and he came not, and the Sheriffe now returneth that he hath nothing, &c. and that the afore­said T. is not found, &c. therefore let the aforesaid R. be taken, that he be here from the day of Easter in 15 dayes, and in the mean time he diligently enquire where the Heir is in his Bayly-week, & him wheresoever he shall be found, he take, and safely, and securely keep, so that him he may have at the aforesaid Term to be rendered, to which of the [Page 151] aforesaid P. and John he ought to be rendered, &c.

A distr. in a Writ of Ravishment of a Ward.

Oliver, &c. To the Sheriffe, Greet­ing, we command you that you distrain (as in another Writ) to answer R.C. of a Plea, wherefore A. Son and Heir of R.S. being within age, whose marriage to the said R. and S. doth belong, at S. found, he Ravished and took away a­gainst the will of the said R. and S. and against our peace, and to hear his judg­ment for many defaults, and to shew wherefore he kept not the day to him given by his Esloign, before our Justi­ces at Westminster, from the day of Easter in 15. dayes after he was at­tached, and in the mean while you dili­gently enquire where the Heir is in your Bayly-week, and him wheresoever he shall be found, you take, and safely and securely keep, so that him you have [Page 152] before our said Justices at Westminster at the aforesaid Term to render, to which of the aforesaid R. & S. he ought to be rendered, &c. and have you there this Writ, &c.

A Capias in Withernam upon an averia clongat. on a Writ of Re­turno habendo.

Oliver, &c. To the Sheriffe, Greet­ing, whereas J.C. and T.D. were Sum­moned to be in our Court, before our Justices at Westminster (tali die) to an­swer W. G. in a Plea, wherefore they took the Cattle of the said W. and them unjustly detained against security and pledges, as it is said, the same W. after­ward in our said Court made default, whereby it was ordered in our said Court that the said W. and his pledges for prosecuting should be in mercy, and the aforesaid J. and T. should go thence without day, and that they should have return of the Cattle aforesaid, where­upon [Page 153] by our Writ we have commanded that to the aforesaid J. and T. the Cat­tle aforesaid you should cause to be re­turned, and them at the Plaint of the aforesaid W. you should not deliver without our Writ, which of the afore­said judgement expresse mention should make, and how this our precept you had executed, you should certifie to our Justices at Westminster, from the day of St. Hillary in 15. dayes last past, and you to our Justices at Westminster at that day did return, that before the co­ming of the Writ aforesaid, the Cattle aforesaid were Esloigned to places to you unknown by the aforesaid W. so that them to the aforesaid J. and T. you could not return as by that Writ you were commanded, and therefore we command you that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken, in Withernam you take, and them to the aforesaid J. & T. you deliver to be detained by them, un­till the aforesaid Cattle first taken you [Page 154] can return, and put under security and safe pledges, the aforesaid W. that he be before our Justices at Westminster, from the day of Easter in 15. dayes, to answer as well us as the aforesaid T. and J. for the damages and injuries to them in this behalf done, and have you there the names of the pledges, and this writ, T. &c.

The Entry thereof.

ss. The Sheriff was commanded, that whereas J.C. and T.D. were Summon­ed to be in the Court of the Protector here (tali die) to answer W. G. in a Plea, wherefore they took the Cattle of the said W. and them unjustly detained against security and pledges, &c. the said W. afterward in the said Court made default, for which it was ordered in the same Court, that the said W. and his pledges for prosecuting should be in mercy, and that the aforesaid J. and T. should go thence without day, and that [Page 155] they should have return of the Cattle aforesaid, whereupon the said Protector did command the said now Sheriff, that to the aforesaid J. and T. the Cattle a­foresaid he should cause to be returned, and them at the Plaint of the aforesaid W. he should not deliver without the VVrit of the said Protector, which of the aforesaid judgement expresse mention should make, and how, &c. he should certifie to the Justices here at this day (to wit) in eight days of S. Hil­lary, &c. and now here at this day came the aforesaid J. and T. by E. P. their Attorney, and the Sheriffe now return­eth that before the coming of the Writ aforesaid, the Cattle aforesaid were es­loigned unto places to him unknown, so that them to the aforesaid J. and T. he cannot return as by that Writ he was commanded, &c. therefore the Sheriffe is commanded that of the Cat­tle of the aforesaid W. to the value of his Cattle aforesaid, first taken in Wi­thernam he take, & them to the afore­said [Page 156] J. and T. he deliver to be detained by them, untill the Cattle aforesaid first taken he can return, and that he put un­der security and safe pledges the afore­said W. that he be here in 8. dayes of the Purification of the blessed Virgin Ma­ry, to answer as well the Lord Protector for the contempt as the aforesaid J. and T. for the damages, and injuries to them in this behalf done, &c.

The Entry upon the return of a Nihil, on the Writ of Withernam.

ss. At which day here came the afore­said R. by his Attorney, and offered himself the 4th. day against the afore­said J. in the Plea aforesaid, & he came not, and the Sheriffe now returneth that there are no Cattle of the aforesaid J. in his Bayly-week, which in Withernam he can take, and deliver to the aforesaid R. to the value of the Cattle aforesaid first taken as he is commanded, and that the aforesaid J. hath nothing, &c. there­fore [Page 157] let him be taken, that he be here from the day of Easter in 15. dayes. And hereupon continuation and processe as in the Capias before.

A Writ of Capias upon a Writ of Withernam.

Oliver, &c. To the Sheriffe, Greet­ing, whereas R. W. was Summoned to be in our Court before our Justices at Westminster, to answer T. H. in a Plea, wherefore he took the Cattle of the said T. and them unjustly detained a­against security and pledges, as it is said, the same T. afterward in our said Court made default, for which it was ordered there, that he and his pledges for prosecuting should be in mercy, and that the aforesaid R. should go thence without day, and that he should have return of the Cattle aforesaid, where­upon by our writ we commanded you, that to the aforesaid R. the Cattle afore­said you should cause to be returned, [Page 158] and them at the Plaint of the aforesaid T. you should not deliver without our Writ, which of the aforesaid judge­ment expresse mention should make, & how that our precept you had executed you should certifie to our Justices at Westminster in eight dayes of the holy Trinity last past, and you to our Justices at Westminster at that day did return, that before the coming of the Writ a­foresaid, the Cattle aforesaid were es­loigned to places to you unknown by the aforesaid T. so that them to the a­foresaid R. you could not return, as by that writ you were commanded, where­upon we commanded you that of the Cattle of the aforesaid T. to the value of his Cattle aforesaid first taken in Wi­thernam you should take, and them to the aforesaid R. you should deliver to be detained, untill the Cattle aforesaid first taken to the same R. you could re­turn, and that you should put under se­curity and safe pledges, the aforesaid T. that he might be before our said Ju­stices [Page 159] at Westminster, in eight dayes of St. Michael then next ensuing, to answer as well us of the contempt to us, as the aforesaid R. of the damages and inju­ries to him in this behalf done, and you to our Justices at Westminster at hath day returned, that the aforesaid T. had no Cattle in your Bayly-week, which in Withernam you could take, and them to the aforesaid R. could deliver, as by that Writ you were commanded, and that the aforesaid T. had nothing in your Bayly-week whereby he can be attached. And therefore we command you that you take the aforesaid T. if he shall be found in your Bayly-week, and him safely keep, so that you may have his body before our Justices at West­minster, in eight dayes of St. Hillary, to answer as well us of the contempt to us, as the aforesaid R. of the damages and injuries to him in this behalf done, and have you there this Writ, T. &c.

The Entry thereof.

ss. The Sheriffe was commanded, that whereas R. W. was Summoned to be in the Court of the Protector, here to answer T. H. in a Plea, wherefore he took the Cattle of the said T. and them unjustly detained against security and pledges, &c. the same T. afterward in the said Court made default, for which it was there ordered, that he and his pledges of prosecuting should be in mercy, and the aforesaid R. W. should go thence without day, and that he should have return of the Cattle afore­said, whereupon the Lord Protector by his VVrit to the said Sheriffe did com­mand, that those Cattle to the aforesaid R.VV. he should cause to be returned, & them to the aforesaid T.H. he should not deliver without the VVrit of the Lord Protector, which of the aforesaid judgement expresse mention should make, and how, &c. the Sheriffe should [Page 161] certifie to the Justices here, from the day of the holy Trinity in xv. dayes last past, at which day the Sheriffe returned here, that before the coming of the VVrit aforesaid, the Cattle aforesaid were esloigned to places to the same Sheriffe unknown by the aforesaid T. so that them to the aforesaid R. he could not return, as by the Writ he was com­manded, whereupon the said Sheriffe was commanded that of the Cattle of the aforesaid T. to the value of his Cat­tle aforesaid first taken, in Withernam he should take, and them to the afore­said R. he should deliver to be detained, untill the aforesaid Cattle first taken he could return, and that he should put un­der security and safe pledges, the afore­said T. that he might be here at this day (to wit) in eight dayes of St. Michael, to answer as well the Lord Protector of the contempt to the said Lord Prote­ctor, as the aforesaid R. of the damages and injuries to him in this behalf done, &c. and now here at this day came the [Page 162] aforesaid R. by J. Jener his Attorney, and the Sheriffe now returneth that the aforesaid T. hath no Cattle in his Bay­ly-week, which in Withernam he could take, and them to the aforesaid R. could not deliver as by the Writ aforesaid he was commanded, and that the said T. hath nothing in his said Bayly-week, whereby he may be attached, &c. there­fore the Sheriffe is commanded that he take the aforesaid T. if, &c. and safely, &c. so that he have his body here in 8. dayes of St. Martine, to answer as well the Lord Protector for the contempt to the said Lord Protector, as the said R. for the damages and injuries to him in this behalf done, &c.

Note, that a Latitat may be award­ed, as is awarded in another writ of Capias.

A Latitat upon the Capias after the Writ of Withernam.

Oliver, &c. To the Sheriffe, Greet­ing, whereas R. W. was Summoned to [Page 163] be in our Court before our Justices at Westminster, to answer T. H. of a Plea, wherefore he took the Cattle of the said H. and them unjustly detained a­gainst security & pledges as he sayeth, the same T. afterward in our said Court made default, whereby it was consider­ed there, that he & his pledges of pro­secuting should be in mercy, and that the aforesaid R. should go thence with­out day, and that he should have return of the Cattle aforesaid, whereupon by our Writ we commanded our Sheriffe of Devon, that to the aforesaid R. his Cattle aforesaid, he should cause to be returned, and them at the Plaint of the aforesaid T. he should not deliver with­out our Writ, which of the aforesaid judgement expresse mention should make, and how that our precept he should have executed, the same Sheriffe should certifie to our Justicces at West­minster, from the day of the holy Tri­nity in 15. dayes last past, and the said Sheriffe of Devon to our Justices at [Page 164] Westminster at that day returned, that before the coming of the aforesaid Writ, the Cattle aforesaid were esloign­ed to places to him unknown by the aforesaid H. so that them to the afore­said R. he could not return, as by that Writ it was commanded, whereupon the said Sheriff of Devon we command­ed that of the Cattle of the aforesaid H. to the value of his Cattle aforesaid first taken in Withernam he should take, and them to the aforesaid R. he should de­liver to be detained, untill the aforesaid Cattle first taken to the said R. he could return, and that he should put under se­curity and safe pledges, the aforesaid H. that he should be before our said Justi­ces at Westminster, from the day of St. Michael in 15. dayes then next fol­lowing, to answer as well us for the contempt to us, as the aforesaid R. for the damages and injuries to him in this behalf done, the same Sheriffe of Devon to our Justices at Westminster at that day returned, that the aforesaid H. had [Page 165] no Cattle in his Bayly-wick, which in VVithernam he could take, that them to the aforesaid R. he might return, as by that Writ he was commanded, and that the aforesaid H. had nothing in his Bay­ly-wick whereby he might be attached, whereupon by our Writ the said She­riffe of Devon we commanded, that he should take the aforesaid H. if he might be found in his Bayly-week, and him safely should keep, so that he might have his body before our Justices at VVest­minster in 8. dayes of St. Martin last past, to answer as well us for the con­tempt to us, as the aforesaid R. for the damages and injuries to him in this be­half done, at which day the said Sheriffe of Devon to our Justices at Westmin­ster returned, that the aforesaid H. was not found in his Bayly-wick, whereas it is witnessed in our said Court, that the said H. doth lurk, wan­der, and lye hid in your County, and therefore we command you that you take the aforesaid H. if he shall be found [Page 166] in your Bayly-wick, and him safely keep, so that you have his body before our Justices at Westminster in 8. dayes of St. Hillary, to answer as well us for the contempt to us, as the aforesaid R. for the damages and injuries to him in this behalf done, and have you there this Writ, &c.

The Entry of the Capias in Withernam, where the Sheriffe returns a Rescue upon the same Writ.

It was commanded to the Sheriffe, whereas L. S. was Summoned to be in the Court of the Lord Protector here to answer W.W. in a Plea, wherefore he took the Cattle of the said W. & them unjustly detained against security and pledges, &c. the said W. afterward in our said Court made default, for which it was ordered there, that he and his pledges of prosecuting should be in mercy, and that the aforesaid L. should go thence without day, and that he [Page 167] should have return of the Cattle afore­said, whereupon the Lord Protector by his Writ the said Sheriffe commanded, that those Cattle to the aforesaid L. he should cause to be returned, and them at the Plaint of the aforesaid W. he should not deliver without the VVrit of the said Lord Protector, which of the aforesaid judgement expresse men­tion should make, and how, &c. the She­riffe should make appear here in eight dayes of St. Hillary last past, and the same Sheriffe to the Justices here at that day returned, that before the co­ming of the Writ aforesaid, the Cattle aforesaid were esloigned unto places to him unknown by the aforesaid W. so that them to the aforesaid L. he could not return, as by that Writ it was com­manded, whereupon the said Lord Pro­tector to the Sheriffe of the said Coun­ty commanded, that of the Cattle of the aforesaid W. to the value of the afore­said Cattle first taken in Withernam he should take, and them to the aforesaid [Page 168] L. he should deliver to be detained, un­till the aforesaid Cattle first taken he could return, and that he should put un­der security and safe pledges, the afore­said W. that he might be here at this day (to wit) from the day of Easter in 15. dayes, to answer as well the Lord Protector for the contempt to the same Lord Protector, as the aforesaid L. for the damages and injuries to him in this behalf done, &c. and now here at this day came the aforesaid L. by R. P. his Attorney, and the Sheriffe (to wit) J. F. Esq now returned that he by virtue of that Writ made his certain Warrant with his seal, sealed to one J. H. that of the Cattle of the aforesaid W. to the va­lue of his Cattle aforesaid first taken in Withernam, he should take, and them to the aforesaid L. he should deliver to be detained, untill the Cattle aforesaid first taken, he might return according to the express command of the said Writ, and by virtue of the Warrant aforesaid, the said J. H. the Cattle of the afore­said [Page 169] W. in Withernam did take, and them to the aforesaid L. would have delivered, but there came the aforesaid W. the 10. day of May last past, with ma­ny other unknown persons arrayed in warlike manner, and the aforesaid Cat­tle at Baunton, in the County aforesaid, from the custody of the aforesaid J. H. his Bayliffe took and lead away, and upon the aforesaid Bayliffe of the said Sheriffe then and there made an assault, and him would have killed, except he had suffered his said Cattle to escape, and so for fear of his death he suffered them to escape to the aforesaid W. and those Cattle for the cause aforesaid he could not deliver as by the Writ afore­said to him it was commanded, and fur­ther the said Sheriffe to our Justices here certified, that after the aforesaid tenth day of May the said VV. had no Cattle within his Bayly-wick, which any wise in VVithernam he could take according to the form of the aforesaid Writ, and that the said VV. had no­thing [Page 170] in the Bayly-wick of the said Sheriff whereby he might be attached, &c. therefore to the Sheriffe is com­manded that he do take the aforesaid VV. if, &c. and safely, &c. so that he may have his body here from the day of St. Michael in xv. dayes, to answer as well the Lord Protector for the con­tempt to the said Lord Protector, as the aforesaid L. for the damages and inju­ries to him in this behalf done, &c.

A Distr. and a Duces Tecum in one Writ.

Oliver, &c. To the Sheriffe, Greet­ing, we command you that you distrain J.H. late of, &c. (as in another Distr.) to answer R. B. in a Plea, that he render to him one hundred shillings, which to him he oweth and unjustly detaineth as he saith, and to hear his judgement for many defaults, we command you also that you have before our Justices at Westminster at the aforesaid Term, the [Page 171] body of W. D. late of T. &c. whom by our command you have taken, and in your custody you detain, being sick in prison as you your self to our Justices at Westminster in 8. dayes of S. Hillary last past, returned to answer the afore­said R. in the Plea aforesaid, and have you there this VVrit, T. &c.

The Entry thereof.

R. B. By his Attorney offered him­self the fourth day against J. H. late of &c. and W.D. late of, &c. in a Plea, that they render to him C. s. which to him they owe and unjustly detain, &c. and they came not, and the Sheriffe was commanded that he should distrain the aforesaid J. H. and that he should take the aforesaid W.S. and as for the afore­said J. H. the Sheriffe now returneth that he is destrained by Cattle to the value of x. l. and is mainprized by T.C. and M. R. therefore they are in mercy, &c. & as heretofore let him be distrain­ed [Page 172] that he may be here in eight dayes of St. Michael, and as for the aforesaid W. D. the Sheriffe now returneth that he took the body of the aforesaid W. D. whose body he committed to the prison of the Lord Protectors Goal of his Ca­stle of York, which said W. in the same prison is sick, and with such infirmities is detained at the present, he cannot be sent without the danger of death, there­fore it is commanded to the Sheriffe that he may have here at the aforesaid Term the body of the aforesaid W. whom, &c. as, &c. to answer the afore­said John in the Plea aforesaid, &c.

A Writ of Petite Cape, in a Writ of Formedon.

Oliver, &c. To the Sheriffe, Greeting, take into our hand by the view of ho­nest and lawfull men of your County one Toft with the appurtenances in B. which C. D. in our Court before our Justices at Westminster, claimeth against [Page 173] O. P. as his right by our writ of Forme­don in Descender for the default of the said O. and Summon by good Summo­ners the aforesaid O. P. that he may be before our Justices at Westminster in 8. dayes of St. Hillary, to hear thereupon his judgement, and have you there the Summoners and this VVrit, T. &c.

The Entry thereof.

ss. C.D. by his Attorney offered him­self the 4th. day against A. B. in a P [...]ea of one Toft, with the appurtenances in B. which the same C. D. in the Court of the Protector here claimeth against him by the VVrit of the Lord Protector of Formedon in Descender, &c. and he came not, and he had thence day given him, here even unto this day (to wit) in 8. dayes of S Michael afterward before he appeared here in Court, and judge­ment that the Toft aforesaid with the appurtenances be taken into the hand of the Lord Protector, and day, &c. and [Page 174] the aforesaid A. B. be Summoned, that he may be here in 8. dayes of St. Hilla­ry, &c.

A Writ of Magnum Cape in a Cessa­vit after Essoin.

The Protector to the Sheriffe, Greet­ing, take into our hand by the view of honest and lawfull men of your Coun­ty, one messuage with the appurtenan­ces in S. which A. G. in our Court be­fore our Justices at Westminster, claim­eth as his right against R.B. by our writ of Cessavit per biennium for the default of the said R. and the day of the taking certifie to our Justices at Westminster by your Letters Sealed, and Summon by good Summoners the aforesaid R. B. that he be before our Justices at West­minster in 8. dayes of St. Hillary, there­upon to answer and shew wherefore he kept not the day to him given by his Essoin here at this day (to wit) in eight dayes of St. Michael after he was Sum­moned, [Page 175] and have you there the names of them, by whose view you shall make this Summons, and this VVrit T. &c.

The Entry thereof.

ss. A. G. by T.M. his Attorney offer­ed himself the 4th. day against R. B. in a Plea of one messuage, with the appur­tenances in S. which the same A. in the Court of the Protector here claimeth as his right, by the writ of the Lord Prote­ctor of Cessavit per biennium against him & he came not, & he had thence day gi­ven him by his Essoigne here unto this day (to wit) in 8. days of S. Michael af­ter he was Summoned, &c. judgement that the messuage aforesaid, with the appurtenances be taken into the hand of the Lord Protector, and day, &c. and the aforesaid R. be Summoned that he may be here in 8. days of S. Hillary, &c.

A Writ of Magnum Cape, in a Writ of Cessavit of a Formedon.

Oliver, &c. To the Sheriffe, Greet­ing, [Page 176] take into our hand by the view of lawfull men of your County, one Toft with the appurtenances in B. which R. C. in our Court before our Justices at Westminster claimeth as his right a­gainst T. M. by our VVrit of Cessavit per biennium, for the default of the said T.M. and the day of the taking certifie to our Justices at Westminster by your Letters sealed, and Summon by good Summoners the aforesaid T. that he may be here before our Justices in eight dayes of the holy Trinity thereof to answer, and shew wherefore he was not before our Justices at Westminster in 8. dayes of St. Hillary last past, as he was Summoned, and have you there the names of them, by whose view you shall make this Summons, and this Writ T. &c.

The Entry thereof.

R. C. by T. H. his Attorney offered himself the fourth day against T. M. in a Plea of one Toft with the appurte­nances in B. which the said R. in the [Page 177] Court of the Protector here claimeth as his right by the Writ of the Lord Protector of Cessavit per biennium a­gainst him, and he came not, and he was Summoned, &c. Judgement that the Toft aforesaid, with the appurtenances be taken into the hand of the Lord Protector, and day, &c. and the afore­said T. be Summoned, that he may be here in eight dayes of the holy Trini­ty, &c.

A Writ of Plur. Magnum Cape in Dower.

ss. Oliver, &c. To the Sheriff, Greeting, we command you as many times, we have commanded you that you take in­to our hand, by the view of lawfull men by your County, the 3. part of two mes­suages, with the appurtenances in K. in three parts divided, which A. H. Wid­dow in our Court before our Justices at Westminster claimeth against M. H. as her Dower by the endowment of J. H. [Page 178] heretofore her husband for the default of the said M. and the day of the taking you certifie to our Justices at Westmin­ster by your Letters sealed, and Sum­mon by good Summoners the afore­said M. that he may be here before our Justices at Westminster in eight dayes of St. Hillary thereof to answer, and shew wherefore he was not in our Court be­fore our Justices at Westminster in eight dayes of the holy Trinity last past, as he was Summoned, and have you there the names of them, by whose view you shall make this Summons, and this Writ T. &c.

The Entry thereof.

ss. A.H. Widow, lately the wife of J. H. by J. B. her Attorney offered her self the fourth day against M. H. of the third part of two messuages, with the appurtenances in K. into three parts di­vided, which the said A. in the Court of the Protector, here claimeth against [Page 179] him as her Dower by the endowment of the aforesaid J. H. heretofore her husband, and he came not, and he was Summoned, &c. Judgement that the third part aforesaid, with the appurte­nances be taken into the hand of the Lord Protector, and day, &c. and the aforesaid M. be Summoned, that he may be here in 8. dayes of St. Michael, &c. at which day here came the aforesaid A. by her Attorney aforesaid, & the She­riffe thereupon did nothing, nor the Writ thereof returned. Therefore as before, let another Writ thereupon be made to him in form aforesaid, return­able here in the morrow of all Souls, &c.

A Writ of Magnum Cape, and Non Omitt. in a Precipe in Capite.

Oliver, &c. To the Sheriffe, Greeting, we command you that you omit not for any our Liberty of the Town of S. but take into our hand by the view, &c. as [Page 180] in another Writ, for the default of the Defendant, and whereupon your self before did return to our Justices at Westminster, that you commanded A. B. and T.T. your Bayliffs of our Liber­ty of our Town of B. who have full re­turn of all Writs, Bills, and Precepts, and the Execution thereof within the Liberby aforesaid, within which Liber­ty the Tenements aforesaid are, which said Bayliffs no answer to you gave, and the day of the taking you certifie to our Justices at Westminster by your let­ters sealed, and Summon as in another Writ, T. &c.

The Entry thereof.

ss. The Sheriffe was commanded that he should not omit for the Liberty of the Protector of S. but Summon R. M. that he might be here at this day (to wit) from the day of the holy Tri­nity in 15. dayes, to answer R. C. in a Plea of one messuage with the appurte­nances [Page 181] in S. which the said R.C. claim­eth as his right against him by the Writ of the Lord Protector of a Precipe in Capite, and whereupon the aforesaid Sheriffe before here did return, that he commanded A.B. and T. T. Bayliffs of the said Lord Protector of the Liberty of his Town of S. who have the full return, &c. and to whom, &c. and who to him no answer &c. and now here at this day came the aforesaid R C. by J. O. his Attorney, and offered himself the fourth day against the aforesaid R. M. in the Plea aforesaid, and he came not, and Summon, &c. Judgement that the aforesaid messuage with the appur­tenances be taken into the hand of the Lord Protector, and day, &c. and the aforesaid R. M. be Summoned that he be here in the morrow of St. Martine, &c. and that the Sheriffe omit not, &c.

The Sheriffs return in a Mand. Balliv. Libt.

I have commanded A. B. and C. D. [Page 182] Bayliffs of the Liberty of the Town of C. who have full return of all Writs and Mandates, & the Executions there­of within the Liberty aforesaid, within which Liberty the Tenements in the VVrit contained are, which said Bay­liffs thus answer me, as it appeareth in the pannell indented to this writ fixed.

A Writ of Seisin in Dower.

Oliver, &c. To the Sheriffe, Greet­ing, &c. know you that A.H. &c. in our Court before our Justices at Westmin­ster hath recovered her seisin against M. H. of the third part of two parts of the Mannor of K. with the appurtenan­ces in three parts divided, as her Dower by the endowment of the aforesaid J. H. heretofore her husband for default of the said M. and therefore we com­mand you that to the aforesaid A. ple­nary seisin of the third part aforesaid, with the appurtenances to be held by her in severalty by Meets and Bounds [Page 183] without delay you cause to have, and how this our VVrit shall be executed you make appear to our Justices at Westminster in eight dayes of St. Hilla­ry, and have you there this writ T. &c.

Seisin by default in a Writ of Dower, up­on which the Sheriffe returns, that the husband died in Fee-Tail, upon which is awarded a VVrit of inquiry of dam­ages in one VVrit.

ss. A.H. By her Attorney offered her self the fourth day against M. H. of a Plea of the third part of two parts of the Mannor of K. with the appurtenan­ces in three parts divided as her Dower by the endowment of J. H. heretofore her husband against him, and he came not, & heretofore he made default here (to wit) from the day of the holy Tri­nity in 15. dayes last past, after he was Summoned, &c. so that then it was com­manded to the Sheriffe, that he should take the third part aforesaid, with the [Page 184] appurtenances into the hand of the Lord Protector, & day, &c. and that he should Summon by good Summoners the a­foresaid M. that he should be here at this day (to wit) from the day of S. Hil­lary in 15. days then next following, to answer the aforesaid A. as well of the principal Plea, as of the default afore­said, &c. and the Sheriffe now restifieth the day of the Caption, &c. and that he Summoned, &c. Therefore it is order­ed that the aforesaid A. should recover her seisin against the aforesaid M. of the third part aforesaid with the appurte­nancies by default, &c. & the said M. be in mercy, &c. & hereupon the aforesaid A. prayeth the Writ of the Lord Pro­tector of causing plenary seisin of the third part aforesaid, with the appurte­nances to have to her, and it is granted her returnable here from the day of Ea­ster in 15. dayes, &c. and also the afore­said A. saith, that the aforesaid J. H. heretofore her husband, &c. died, seised of the Tenements aforesaid with the [Page 185] appurtenances whereof, &c. in his de­measne as of Fee-Tail, and prayeth the Writ of the Lord Protector of inquiry of damages, &c. and it is granted her returnable here at the aforesaid Term, &c.

A Writ of Habere Facias seisinam in Dower by default, and of inquiry of the value of damages, and of the seisin of the husband in one Writ.

Oliver, &c. To the Sheriffe, Greet­ing, know you that T. Rusmer, and E. his wife, which was the wife of William Mawsey, in our Court before our Ju­stices at VVestminster have recovered their seisin against Thomas Mawsey, of the third part of one messuage one Gar­den, and nine Acres of Land, with the appurtenances in K. by our Writ of Dower, whereof she hath nothing of the endowment of the aforesaid W. Mawsey, heretofore her husband by the default of the said T. M. and therefore [Page 186] we command you that to the same Tho­mas Rusmer, & E. plenary seisin of the third part aforesaid, with the appurte­nances to be held by them in severalty, by Meets & Bounds without delay you cause to have, and furthermore by the Oath of honest and lawfull men in your County you dilligently enquire, whe­ther the aforesaid W. M. did die seized of the Tenements aforesaid, with the appurtenances in his demeasne, as of Fee-simple, or Fee-tail, and after that by that inquisition you shall so finde it then by their Oath you diligently in­quire how much those Tenements with the appurtenances are worth by the year in all profits besides reprizes, ac­cording to the true value of the same, and how much time is elapsed from the time of the death of the aforesaid Wil­liam, and also what damages the afore­said T.R. and E. have sustained, as well by occasion of the detention of the Dower aforesaid, as for the costs and charges by them, about their suite in [Page 169] this behalf laid out, and the inquisition which thereof you shall make under your seal, and the seal of them, by whose Oath you shall make that inquisition you certifie to our Justices at Westmin­ster, from the day of the holy Trinity in three weeks, and have you there this Writ T. &c.

A Writ of Pone in Partition.

Oliver, &c. To the Sheriffe, Greet­ing, put under security & safe pledges, W. A. and J. his wife, that they may be before our Justices at Westminster, &c. to answer T. W. and M. his wife in a Plea, wherefore whereas T. and M. to­gether, & undivided do hold one mes­suage, one Garden, &c. with the appur­tenances in Gistingham, the same W. and J. partition thereof among them, ac­cording to the form of the Statute in this case provided to be made do gain-say, and it to be done do not permit, unjustly, and against the form of the [Page 188] Statute aforesaid, as it is said, and to shew wherefore they were not before our Justices at Westminster, from the day of Easter in 15. dayes last past, as they were Summoned, and have you there the names of the pledges, and this Writ, &c.

A Writ of Pone in Warrantia Chartae.

Oliver, &c. To the Sheriffe, Greet­ing, put under security & safe pledges, J. R. and T. P. that they be before our Justices at Westminster, in the morrow of the holy Trinity, to answer J.D. in a Plea, that they Warrant to him thir­teen Acres of Land, with the appurte­nances in W. which he holdeth, and of them to hold claimeth, and of whom he hath his Charter as he saith, and to shew wherefore they were not before our Justices at Westminster, from the day of Easter in 15. dayes last past, as they were Summoned, and have you there the names of the pledges, and this Writ, &c.

A Writ of Habeas Corpus.

Oliver, &c. To the Sheriff, Greeting, we command you that you have before our Justices at Westminster, from the day of St. Michael in 15. dayes, the bo­dy of W. J. late of, &c. whom by our command you have taken, and in your custody do detain as your self to our Justices at Westminster, from the day of the holy Trinity in 15. dayes last past, have returned to answer R.S. in a Plea that he render to him fourty shillings which to him he oweth, and unjustly detaineth as he saith, and have you there this Writ, T. &c.

The Entry thereof.

ss. The Sheriffe was commanded that he should take W. J. late of, &c. if &c. and safely, &c. so that he might have his body here at this day (to wit) from the day of the holy Trinity in fif­teen [Page 190] dayes, to answer R. S. in a Plea, that he render to him fourty shillings, which to him he oweth and unjustly detaineth, &c. and now here at this day came the aforesaid R. by W. B. his At­torney and offered himself the 4th. day against the aforesaid W. J. in the Plea aforesaid, and he came not, and the She­riffe now returneth that he took the bo­dy of the aforesaid J. whose said body here at this day he hath ready, and be­cause the said Sheriffe the body of the aforesaid J. now here hath not, there­fore the said Sheriff (to wit) N.B. Esq is in mercy, and is amearced by the Ju­stices here to fourty shillings, & in mer­cy, xl.s. the same Sheriff is commanded that he have here from the day of St. Michael in 15. dayes the body of the aforesaid J. whom, &c. to answer the aforesaid R. in the Plea aforesaid, &c.

A Capias pro sine upon a Rescus.

Oliver, &c. To the Sheriffe, Greet­ing, we command you that you omit [Page 187] not for any liberty of your County, but take T. W. late of, &c. if he shall be found in your Bayly-week, and him safely keep, so that you may have his body before our Justices at Westminster in eight dayes of St. Michael, to answer as well us for certain Trespasses, Re­scues, and Contempts by you, before our Justices at Westminster in the mor­row of the holy Trinity last past return­ed as William Game in a Plea, that he render to him one hundred shillings, which to him he oweth, and unjustly detaineth as he saith, and have you there this Writ, T. &c.

The Entery thereof.

ss. T.D. Esq Bayliffe of the Liberty of E. in the County aforesaid, by his Attorney offered himself the 4th. day against T. VV. late of B. in the County aforesaid, &c. with an alius dictus in a Plea, that he together with S. F. late of, &c. render to him xx. l. which to him [Page 192] they owe, and unjustly detained, &c. and he came not, and as heretofore the Sheriffe was commanded that he should take him, if, &c. and safely, &c. so that he might have his body here at this day (to wit) in the morrow of the holy Trinity, &c. and the Sheriffe now re­turneth that he by virtue of the VVrit of the Lord Protector to him thereof directed the third day of June, in the year of our Lord 1654. at Marleford in his Bayly-week (to wit) within the County of Norfolk aforesaid, took the body of the aforesaid T. VV. and the said T. in his custody by virtue of the VVrit aforesaid then, and there had, & kept untill afterward (to wit) the same third day of June, in the year of our Lord 1654. aforesaid, the same T. VV. of K. in the said County of Norf. have­ing gathered together to him very ma­ny malefactors, and disturbers of the peace, of the now Lord Protector with force and arms on the aforesaid Sheriff, together with the aforesaid malefactors [Page 193] an assault and affray did make, and the aforesaid Sheriffe did beat, wound, and evil entreat, so that of his life, it was despaired, and the said Thomas, and the malefactors, the aforesaid Thomas from the custody of the said Sheriffe with force and arms aforesaid, took and re­scued, whereby the said T. at large, whether he would against the will of the said Sheriff escaped out, against the peace of the said Lord Protector, & af­terward the said Thomas was not to be found in his Bayly-week. Therefore it is commanded to the Sheriffe, that he omit not for any Liberty of his Coun­ty aforesaid, but he take the aforesaid T.W. if, &c. and safely, &c. so that he may have his body here in 8. dayes of St. Michael, to answer the said Lord Protector of the rescues, trespasses, and contempts aforesaid, &c.

The Entry of a Retorn. Habend.

ss. John Scot by his Attorney offer­ed himself the 4th. day against Thomas [Page 194] Smart in a Plea, wherefore the same John took the Cattle of the said Tho­mas, and them unjustly detained against security and pledges, &c. and he being solemnely exacted came not, and was Plaintiffe, &c. Therefore it is ordered that the said Thomas and his pledges for prosecuting be in mercy, &c. & that the aforesaid John go thence without day, and that he have return of the Cat­tle aforesaid, &c. enquire the names of the pledges, &c. and how, &c. the She­riffe make appear here in eight dayes of St. Michael, &c.

Habere facias seisinand.

Oliver, &c. To the Sheriffe of Cam­bridge, Greeting, know you that Rich. Paterick, and Dorothy his wife, in our Court before our Justices at Westmin­ster have recovered their seisin against John Street, of the third part of one messuage with the appurtenances in O. as the Dower of the said Dorothy by the [Page 191] endowment of Henry Street, heretofore her husband by our Writ of Dower, whereof she hath nothing by the de­fault of the said John, and therefore we command you that [...]o the same Richard and Dorothy, plenary seisin of the third part aforesaid, with the appurtenances without delay you cause to have, to be held in severalty by Meets and Bounds: we command you also that by the Oath of honest, & lawfull men of your Coun­ty you diligently inquire, whether the aforesaid Henry died seised of the Te­nements aforesaid, with the appurte­nances in his demeasne as of Fee-sim­ple, or of Fee-tail, & if you shall finde it so, then by their Oath you diligently enquire how much those Tenements are worth by the year in all profits be­sides Reprizes, according to the true value of the same, and how much time is elapsed from the time of the death of the said Henry, and what damages the aforesaid Richard and Dorothy have su­stained by occasion of the detention of [Page 196] the Dower aforesaid, and how this our Writ you shall execute you make ap­pear to our Justices at Westminster, in 8. dayes of St. Michael, under your Seal, and the Seal of them, by whose Oath that inquisition you shall make, and have you there this Writ, &c.

The Entry thereof.

ss. Richard Paterick, and Dorothy his wife, by Matthew Wallingham their At­torney offered themselves the fourth day against John Strete in a Plea of the third part of one messuage, with the ap­purtenances in O. which the same Ri­chard and Dorothy in the Court of the Lord Protector, now at the Town of A. in the County of Hertf. claim as the Dower of the said Dorothy, by the en­dowment of Henry Strete, heretofore her husband by the Writ of the Lord Protector of Dower, whereof she hath nothing and he came not and hath made default here (to wit) from [Page 197] the day of Easter in 15. dayes last past after he was Summoned, &c. so that then the Sheriffe was commanded, that he should take the third part aforesaid, with the appurtenances into the hand of the Lord Protector, and day, &c. & that he should Summon by good Summo­ners the aforesaid John, that he might be here at this day (to wit) from the day of the holy Trinity in three weeks, then next following, to answer the a­foresaid Richard, and Dorothy, as well of the principal Plea, as of the default aforesaid, and the Sheriffe now doth testifie the day of the taking H. afore­said, &c. and that he hath Summoned, &c. Therefore it is ordered that the a­foresaid Richard and Dorothy, recover against the aforesaid John their seisin, of the third part aforesaid, with the ap­purtenances by default, &c. and the said John be in mercie, &c. and hereupon the aforesaid Richard and Dorothy, pray the Writ of the Lord Protector to the Sheriffe of the County aforesaid to be [Page 198] directed of causing plenary seisin to them to have of the third part aforesaid, with the appurtenances to be held by them in severalty by meets, and bounds, and it is granted them returnable here in 8. dayes of St. Michael, &c. and also the said Richard & Dorothy say, that the aforesaid Henry died seized of the Te­nements aforesaid, with the appurtenan­ces in his demeasne as of Fee, and pray the Writ of the Lord Protector to en­quire of damages, &c. and to them it is granted returnable here at the afore­said Term, &c.

The Entry of a Summons in severance upon an Alias Capias.

ss. The Sheriffs were commanded as heretofore that they should take Robert Godfrey, late of, &c. and William Corn­wallis, late of, &c. if, &c. and safely, &c. so that they might have their bodies here at this day (to wit) in the morrow of the holy Trinity, to answer Francis Wyndam, Michael Stanhope, Edw. Cook, and Miles Corbet, Executors of the Te­stament [Page 199] of Roger Towns [...]end, Knight, lately called Rogeri Towns-hend de East Rainham in Com. predict Armig. in a Plea, that the aforesaid Robert render to them three hundred pounds, and in a Plea that the aforesaid William render to them two hundred Marks, which from them they unjustly detain, &c. & now here at this day came the afore­said Michael & Miles by Stephen Drew­ry their Attorney, and the aforesaid Francis, and Edward the fourth day of the Plea, being solemnely called, came not, & hereupon the aforesaid Michael and Miles offered themselves the fourth day against the aforesaid Robert & Wil­liam, in the Plea aforesaid, & they came not, and the Sheriffe now returneth that they are not found, &c. therefore as ma­ny times, let them be taken that they be here from the day of the holy Trinity in three weeks, &c. and the Sheriffe is commanded that he Summon by good Summoners the aforesaid Francis and Edward, that they be here at the afore­said [Page 200] Term, to prosecute against the a­foresaid Robert and William, together with the aforesaid Michael and Miles their Plea aforesaid, if, &c.

The Entry of a Summons in severance upon a Plur. Cap.

It was commanded to the Sheriffe as many times that he should take Christo­pher Heydon, late of, &c. Robert Jervis, late of, &c. if, &c. and safely, &c. so that he might have their bodies here at this day (to wit) from the day of the holy Trinity in three weeks to answer Fran­cis Wyndham, Michael Stanhope, Edward Cook, and Miles Corbet, Executors, &c. in a Plea, that he render to them, &c. which from them they unjustly detain, &c. and now here at this day came as well the aforesaid Michael Stanhope and Miles Corbet, by Stephen Drewry their Attorney, as the aforesaid Christopher by R.B. his Attorney, and the aforesaid Francis Windham, and Edward Cook, [Page 201] also Plaintiffs, &c. the fourth day of the Plea, being solemnely called came not, and were Summoned, &c. Therefore it is ordered that the aforesaid Michael Stanhope, and Miles Corbet, do prosecute alone, without the aforesaid Francis Windham and Edward Cock, against the aforesaid Christopher Heydon, and Robert Godfrey their Plea aforesaid, and here­upon the said Michael Stanhope & Miles Corbet offered themselves the 4th. day against the aforesaid Christopher and Robert Godfrey in the Plea aforesaid, and they came not, and the Sheriff now returneth that they are not found, &c. And so follow the old form.

A Distr. nuper vic. ad Habend. Cor­pus, where the Sheriffe returns that he took the body, but had it not at the re­turn of the Writ.

Oliver, &c. Greeting, we command you as many times we have command­ed you, that you distrain John Choyn, [Page 202] late Sheriffe of your County, your pre­decessor by all his Lands & Chattles in your Bayly-wick, so that neither he, nor any for him lay hands thereupon, untill you receive further command thereof from us, &c. as in another Distr. untill. so that he may have before our Justices at Westminster (tali die) the body of W. L. late of C. in your County Merchant, whom by our command he took, and in his power detained, as he to our Justi­ces at Westminster in eight dayes of the holy Trinity last past did return, or who at the County of Devon hol [...]en at Exon Wednesday the 5th. day of October, in the year of our Lord 1654. the fifth time was called & appeared, & rendred himself to the prison of our Castle of Exeter, whose body before our Justices at Westminster (tali die) he should have had, to answer Jo. Hach, Esq in a Plea, wherefore with force & arms, the goods and Cattle of the said John, to the value of C. l. at C. found, he took, and carried away, and other Enormities, &c. and to [Page 203] hear his judgement for many defaults, and have you there this Writ, &c.

The Entry thereof.

The Sheriffe was commanded, as of­ten times that he should distrain John Choin, late Sheriff of the County afore­said his predecessor by all his Lands, &c. and that of the profits, &c. so that he might have here at this day (to wit) from the day of St. Michael in xv. dayes, the body of Walter H. late of C. in the County aforesaid Marchant for that at the County of Devon holden at Exon wednesday the 5th. day of October, in the year of our Lord 1654. the 5. time he was called, and appeared, & rendred himself to the prison of the Lord Pro­tector of his Castle of Exon, whose bo­dy here at this day aforesaid, he should have had to answer John Hach, Esq in a Plea, wherefore with force & arms, the Goods and Cattle of the said J. to the value of one hundred pounds at C. [Page 204] found he tooke and carried away and other Enormities &c. to the great da­mage &c. and against the peace of the Protector &c. and now here at this day came the aforesaid John Hatch by B. A. his Attorney and offerred himself the 4th. day against the aforesaid Wal­ter in the Plea aforesaid, and the She­riffe now retorneth that the aforesaid late Sherriffe is distrained by Cattle to the value of twenty shillings, and is mainprised by E. H. and R. H. There­fore they are in mercy &c. and as oft­tentimes the now Sheriffe is comman­ded that he distrain the aforesaid late Sheriffe by all his Lands &c. and that of the profits &c. so that he might have here (to wit) from the day of St. Hilary in 15 daies the Body of the a­foresaid Walter, who &c. to answer the aforesaid I. Hatch in the Plea aforesaid.

A Distringas nuper vic.

Oliver &c. To the Sheriffe of Wor­cester [Page 205] greeting, we command you that you distrain John Chechester Kt. late Sheriffe of your County, your Prede­cessor, by all his Lands and Chattells in your Bailywick, so that neither he nor any other for him thereon do lay hands, untill you shall receive further command from us, and that of the pro­fits thereof you answer us, so that he may have before our Justices at West­minster on Munday next after the moneth of St Michael, the body of Michael Short, whom by our command he tooke, and in his power detained, and whse body before our Justices at Westminster on Saturday next after 8 daies of St Hillary in the year of our Lord 1653. he had ready, as the same Sheriffe to our Justices at Westminster at that day retorned, to answer Will. VVarren, one of the Attorneies of our Court of Common Bench, according to the Liberties and Priviledges of the same Court for such Attorneies and other our Ministers of the same Bench [Page 206] from the time whereof the memory of man is to the contrary, used and ap­proved in the same, in a Plea of Tres­pass upon the Case, and have you there this Writ &c.

De infra nominat. I. Chechester militis J. Doo, & Ric. Roo. Exit xxs. W. C. nul. vic.

The entry of a Distringas nuper vic.

ss. The Sheriffe was commanded that he should have here at this day (to wit) in 8 daies of St. Hilary last past, the body of H. late of &c. whom the said Sheriffe took, and in his power detained, to answer R. in a Plea, that he render to him 40s. which he oweth him and unjustly detaineth &c. And now here at this day came the aforesaid R. by M. I. his Attorny and offered himself the 4th. day against the afore­said H. in the Plea aforsaid, and he came not, and the Sheriffe now retorn­eth that the said H. was not taken by himselfe, but by I. D. late Sheriffe Pre­decessor of him the said now Sheriffe, [Page 207] nor the body of the said H. to the afore­said now Sheriffe was delivered in his going out of Office, therefore the said now Sheriffe is commanded that he di­strain the aforesaid late Sheriffe by all his Lands, &c. and that of the profits, &c. so that he may have here (tali die) the body of the aforesaid H. whom, &c. to answer the aforesaid R. in the Plea aforesaid, &c.

A Distringas nuper, vic. aliter.

Oliver, &c. To the Sheriffe of S. Greeting, we command you that you distrain O. S. Esq late Sheriffe of your County by all his Lands (ut supra) and that you have his body before our Ju­stices at Westminster, to deliver to you the body of D. late of, &c. whom by our command he took as he to our Justices at Westminster, at a certain day now past returned, so that the body of the said D. you may have before our Justi­ces at Westminster (tali die) to answer Q. in a Plea, that he render to him, x. l. [Page 208] which to him he oweth, and unjustly de­taineth as it is said, & to hear his judge­ment for many defaults, and whereupon your self did formerly return to our Justices at Westminster, that the afore­said D. in the time of the aforesaid G.S. was taken, which said G. the body of the aforesaid D. to you did not deliver nor in our prison under your Custody he is, nor ever was, and have you there this Writ, T. &c.

The entre of a Magnum Cape in Dower Ret. Crast. animarum, and per non mi sit, bre. Magnum Cape, ret. 8. Hil. and thereupon a nolle prosequi.

ss. Elizabeth Dalby Widow, who was the wife of William Dalby Gentleman, by her Atorney offered herself the 4th. day against Lionel Dalby Gent. in a Plea of the third part of one messuage, one Garden, thirty Acres of Land, twenty Acres of Meadow, thirty Acres of Pasture, twenty Acres of Marsh, and ninety Acres of Wood, with the ap­purtenances [Page 209] in Tottenham High-Crosse, and Edolneton, otherwise Edmonton, which the said Elizabeth in the Court of the Lord Protector here claimeth as her Dower by the endowment of the aforesaid William, heretofore her hus­band against him by the Writ of the Lord Protector of Dower, whereof she hath nothing &c. and he came not, and he was Summoned, &c. judge­ment that the third part aforesaid, with the appurtenances be taken into the hand of the Lord Protector, and day, &c. and that the aforesaid Lionel be Summoned that he be here in the mor­row of All Souls, &c. at which day here came the aforesaid Elizabeth by her Attorney aforesaid, and the Sheriffe hath not returned the Writ, therefore let the Tenements aforesaid, with the appurtenances as before be taken into the hand of the Lord Protector, &c. and the aforesaid Lionel as before be Sum­moned that he be here in eight dayes of St. Hillary, &c. before which said 8. [Page 210] dayes of St. Hillary, (to wit) the 15. day of November, in that same Term came here in Court the aforesaid Elizabeth by Edward Lodesham her Attorney, and acknowledged here in Court that she will not prosecute against the aforesaid Lionel, in the Plea nolle prosequi afore­said, but further therein to prosecute against the aforesaid Lionel, wholy de­sisteth and refuseth, therefore let no fur­ther Processe, nor any thing else there­of be made against the aforesaid Lionel, &c. Ro. 783.

The Entry of a Capias alias, Cap. and Plures Capias, against one that was before the Plur. was returned, impri­soned in the Fleet now before you can have the benefit of your Plures Cap. to outlaw him, &c. you must have a Habeas Corpus against him, and have the Cap. Al. and Plur. Cap. and Habeas Corp. entered ready to be produced in Court.

ss. Henry Sackford Esq by his Attor­ney [Page 211] offered himself the fourth day a­gainst Thomas Philips, late of, &c. in a Plea, wherefore whereas, &c. to the damage of the said Henry of, &c. and he came not, &c. therefore let him be ta­ken that he be here in the morow of All Souls, &c. at which day, &c. therefore as heretofore let him be taken, that he be here from the day of S. Martin in fif­teen dayes, &c. at which day, &c. there­fore as often times, let him be taken that he be here in eight dayes of St. Hil­larie, &c. and the aforesaid Thomas on Wednesday next, after eight dayes of St. Martine, in that same Term by the Warden of the Fleet, by virtue of a Writ of the Lord Protector of Habeas Corpus, being brought to the Bar here, and spoken to whether he would ap­pear yea or no, said that he would not, therefore let him be taken, and exact­ed, &c.

A Pone in a Quare impedit, at the Suit of the Lord Protector.

Oliver, &c. To the Sheriffe of L. Greeting, put under security and safe pledges, John Arch, Bishop of C. and T. C. Clerk, that they be before our Ju­stices at Westminster in eight dayes of St. Michael, to answer us in a Plea that they permit us to present a fit person to the Church of St. S. near G. which is void, and unto our donation belongeth, and to shew wherefore they kept not the dayes to them given by their Es­soigns in our Court before our Justi­ces at Westminster (to wit) the aforesaid Arch-Bishop, in the morrow of the holy Trinity, and the aforesaid T. from the day of the holy Trinity in three weeks last past after they were Sum­moned, and have you there this Writ, T. &c.

The Entry of the Writ aforesaid, upon which the Arch-Bishop was esloined, and the Clark had the same dayes, and afterward the Clark was esloigned, and the Arch-Bishop had the same dayes.

ss. E. C. Esq Attorney General of the Lord Protector, who for the same Lord Protector prosecutes in his proper person offered himself the fourth day against J. Arch Bishop of C. and T. C. Clark in a Plea, that they permit the said Lord Protector to present a fit per­son unto the Church of St. J. near G. which is void, and unto the said Lord Protectors donation belongeth, &c. and they came not, & they had thereof day (to wit) the aforesaid Arch-Bishop his esloigne hereunto this day (to wit) in the morrow of the holy Trinity, &c. the same day is given to the aforesaid T. here, &c. & the aforesaid T. had there­of day by his esloigne here unto this day (to wit) from the day of the holy [Page 214] Trinity in three weeks, &c. the same day is given to the aforesaid Arch-Bish. here, &c. after they were Summoned, &c. judgement that they be attached, that they may be here in eight dayes of St. Michael, &c.

An Alias Summons in Dower.

Oliver, &c. To the Sheriffe of C. Greeting, we command you as hereto­fore we have commanded you that you Summon by good Summoners Theo­philus [...]uckworth, Gentl. that he be be­fore our Justices at Westminster, from the day of Easter in 15. days, to answer John Pain, & Grace his Wife in a Plea, that he render to the said John & Grace the reasonable dower of the said Grace, which happeneth to her of the Free-hold which was of Thomas Palmer, heretofore her husband in Elm, where­of she hath nothing as it is said, and whereof your self returned to our Ju­stices at Westminster in eight dayes of [Page 215] St. Hillary last past, that the aforesaid John and Grace found you pledges for prosecuting their Writ, (to wit) John Doo and Richard Roo; & that the afore­said Theophilus was summoned by Tho­mas Love, Thomas Estman, John Cook, and Thomas Day, and that by virtue of the Writ aforesaid, to you lately dire­cted upon the Lords day, being the 16. day of January last past, at the most usual dore of the Church of Elme a­foresaid, immediately after Divine ser­vice (no prayer in the same Church, being) you caused the Summons afore­said to be proclaimed according to the form of the Statute, in such case lately made and provided, and have you there the Summoners, and this Writ, T. &c.

The Entry thereof.

ss. The Sheriff was commanded that he should Summon by good Summo­ners Theophilus Buckworth, Gentl. that he might be here at this day (to wit) in [Page 216] 8. dayes of St. Hillary, to answer John Pain and Grace his wife in a Plea, that he render to them the reasonable Dower of the said Grace, which hap­ned to her of the Free-hold, which was of Thomas Palmer heretofore her hus­band in Elm, whereof she hath nothing, &c. and now here at this day came the aforesaid John and Grace by their At­torney, and the Sheriffe (to wit) An­thony Cage, Esq returneth that the a­foresaid John and Grace have found to the same Sheriff pledges for prosecute­ing the Writ aforesaid (to wit) John Doo and Richard Roo, & that the afore­said Thephilus was Summoned to be then here, by Thomas Love, Thomas Est­man, John Cook, and Thomas Day, and that he by virtue of that Writ to him directed upon the Lords day, being the 16. day of January last past, at the most usual Dore of the Church of Elme, im­mediately after Divine service (no Prayer in the same Church, being) cau­sed the Summons aforesaid to be pro­claimed, [Page 217] according to the form of the Statute in such case made & provided, and for that Proclamation of the Sum­mons aforesaid, was not made by the space of 14. dayes before the return of the Writ aforesaid, as by the form of the statute aforesaid it should have been done, as by the return aforesaid fully appeareth, therefore as heretofore the Sheriff is commanded that he Sum­mon by good Summoners the aforesaid Theophilus, that he be here from the day of Easter in xv. dayes, to answer the a­foresaid John Pain, and Grace in the Plea aforesaid, &c.

Or thus you may begin your Entry.

ss. The Sheriff was commanded, that if John Pain, and Grace his wife had made the said Sheriffe secure for prose­cuting their Plaint, then he should Sum­mon, &c. as above.

Or thus you may make your Writ.

Oliver, &c. To the Sheriffe of C. Greeting, whereas by our writ we late­ly [Page 218] commanded that you should com­mand Theophilus B. that justly, & with­out delay he should render to J.P. & G. his wife the reasonable Dower, &c. un­till, as it is said, & whereupon they com­plained that the aforesaid Theoph. doth deforce them, and unlesse he had done it, and the aforesaid J. and G. had made you secure for prosecuting their Plaint, then you should Summon by good Summoners the aforesaid Theoph. that he might be before our Justices at West­minster in eight dayes of St. Hillary last past, to shew wherefore he had not done it, and that you should have there the Summoners and that Writ, and you to the said Justices at Westminster at that day returned, that, as in the Writ of Dower aforesaid.

The Entry of a Discontinuance.

ss. It is Recorded by the Court the eight day of May, in the year of our Lord 1653. that that Plea hath not [Page 219] day of continuance by that Roll, fur­ther then the aforesaid eight dayes of the Purification of the blessed Marie, therefore let the Plea aforesaid at the request of the aforesaid Plaintiffe be discontinued, &c.

A Pone in a Quare impedit.

Oliver, &c. To the Sheriffe of H. Greeting, put under security and safe Pledges, William Bishop of L. and Toby Blaud Clark, that they be before our Justices at Westminster in eight dayes of St. Michael, to answer Peter Ashton, Gentl. in a Plea, that they permit him to present a fit person unto the Church of B. which is void, and unto his dona­tion belongeth as it is said, and to shew wherefore they kept not the day to them given by the esloigne of the afore­said Tobie in our Court before our Ju­stices at Westminster, in the morrow of the holy Trinitie last past after they were Summoned, & have you there the names of the pledges, & this writ, T. &c

A Summons and severance in Debt.

Oliver, &c. To the Sheriffs of Lon­don, Greeting, we command you that you take R.S. late of L. Gent. otherwise called R.S. de E. in the County of K. Gent. if, &c. to answer William Berby, & Henry Matties, Executors of the Te­stament of William Cutting, Gent. in a Plea, that he render to them three hun­dred pounds, which from them he un­justly detaineth, as it is said, we also com­mand you that you Summon by good Summoners the aforesaid Henry, that he be before our Justices at Westminster at the aforesaid Term to prosecute a­gainst the aforesaid R. together with the aforesaid William their Plea aforesaid, if he will, and have you there the Sum­moners, and this Writ, T. &c.

A Habeas Corpus to the Warden of the Fleet.

Oliver, &c. To the Keeper of our Prison of the Fleet, Greeting, we com­mand [Page 221] you that the body of R. T. by what name soever he may be thought in our Prison under your custody to be detained as it is said, you have before our Justices at Westminster on Thurs­day next, after eight dayes of the holy Trinity next to come, to do and receive what our Court shall order of him in this behalf, and have you there this Writ, T. &c.

A Pone after an Esloign in a quare im­pedit, Ret. 8. Mich. the Bishop esloigns at xv. Pasch. and adjourns unto quin­que Pasch. and then Bland Esloigns and adjourns unto Crast. Trin.

Oliver, &c. To the Sheriffe of H. Greeting, put under security and safe pledges William Bishop of Lincolne, and Tobie Bland Clark, so that they be be­fore our Justices at Westminster in eight dayes of St. Michael, to answer Peter Aysham Gent. in a Plea, that they per­mit him to present a fit person unto the [Page 222] Church of B. which is void, and unto his Donation belongeth as it is said, and to shew wherefore the aforesaid Will. Bish. of L. kept not the day to him gi­ven by his Esloigne in our Court before our Justices at Westminster from the day of Easter in 5. weeks last past, and wherefore the aforesaid Tobie kept not the day to him given by his Esloign in our Court, before our Justices at West­minster, in the morrow of the holy Tri­nity last past, after they were Summon­ed, and have you there the name of the pledges, and this Writ, T. &c.

The Entry thereof.

ss. Peter Aysham Gent. by his Attor­ney, offered himself the 4th. day against Will. Bish. of L. and Tobie Blaud Clark in a Plea that they permit him to pre­sent a fit person unto the Church of B. which is void, and to his Donation be­longeth, &c. and they came not, and it is known that the aforesaid Bishop had thence day by his Esloigne here (to wit) untill from the day of Easter in 5. weeks [Page 223] last past, and the same day was given to the aforesaid Tobie here, &c. at which day the aforesaid Tobie had thence day by his Esloigne here even to this day (to wit) in the morrow of the holy Trini­ty, and the same day was given to the aforesaid Bish. here, &c. after they were Summoned judgement, that they be at­tached that they may be here in eight dayes of St. Michael, &c.

A Writ of view in a Formedon in De­scender.

Oliver, &c. To the Sheriffe of Mid­les. Greeting, we command you that without delay you cause R. D. to have view of one messuage, one Garden, one Acre of Meadow, and six Acres of Pa­sture with the appurtenances in K. which T. S. in our Court before our Justices at Westminster claimeth as his right by our Writ of Formedon in Descender against him, and speak to four Knights of those that shall be present at that view, that they be before our Justices at Westminster in 8. dayes of St. Hillary, to [Page 224] testifie that view, and have you there the names of the Knights and this writ, T. &c.

The Entry thereof.

ss. T. Smith, by A. Garland his At­torney demandeth against R. D. one messuage, one Garden, one Acre of Meadow, and six Acres of Pasture with the appurtenances in K. as his right by the Writ of the Lord Protector of Formedon in Descender, &c.

And the aforesaid R.D. by T. Carter his Attorney cometh, and prayeth view of the Tenements aforesaid with the appurtenances, and let him have it, &c. day is given to the parties aforesaid, here untill in 8. dayes of St. Hillary, and in the mean time, &c.

The Entry of a Test. in Debt.

It was commanded to the Sheriffe that he should take Edward Mausel Kt. of London, Yeoman, otherwise called Edward Mausel de Danford, in Com. North. Yeoman, if, &c. and safely, &c. so that he might have his body here at [Page 225] this day (to wit) in 8. dayes of St. Hil­lary, to answer Elizabeth Squier, Wid­dow in a Plea, that he render to her thirty pounds, which to her he oweth and unjustly detaineth, &c. and where­upon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of St. Martine in 15. dayes last past, that the aforesaid Ed­ward lurked, wandred, and lay hid in the County aforesaid, and now here at this day came the aforesaid Elizabeth by her Attorney, and offered herself the 4th. day against the aforesaid Edward of the Plea aforesaid, and he came not, and the Sheriffe now returneth that he is not found, &c. therefore as hereto­fore the Sheriffe is commanded that he take him, if, &c. and safely, &c. so that he may have his body here from the day of Easter in 15. dayes, to answer the aforesaid Elizabeth of the aforesaid Plea, &c.

A Writ of Supersedeas. Lo: ss.

Oliver, &c. whereas by our Writ we lately commanded you that you should take R. M. late of, &c. if he should be found in your Bayly-wick, & him safe­ly should keep, so that you might have his body before the Justices of the Common-Bench at Westminster at a certain day now past, to answer T. B. in a Plea, wherefore, &c. cite the Ca­pias untill you come to as it is said, yet because the aforesaid R. M. by J.C. his Attorney in the Court of Common-Bench hath appeared, we command you that of the further taking, arresting, and imprisoning, or in any wise molesting the aforesaid R. on the occasion premi­sed you altogether Supersead, and if the said R. upon that occasion and no other, you have taken, or imprisoned, then the said R. from the prison, where­in he shall so be detained, if upon that occasion and no other in the same he is detained without delay you deliver un­der the danger that will thereon ensue, T. &c.

The Entry of a Habeas Corpus to the Chancelor of the County Pallatine of Lanc.

ss. It was commanded to the Chance­lor of the Lord Protector of his Coun­ty Pallatine aforesaid, or to him that holds his place there, that by the Writ of the said Lord Protector, under the Seal of the County Pallatine aforesaid duely to be made, he should command the Sheriff of the County of Lanc. that he should take Mark Woodrow, late of London, Draper, otherwise called M.W. of Manchester, in the County of Lanc. Draper, if, &c. and safely, &c. so that he might have his body here at this day (to wit) in the morrow of the Purification of the blessed Virgin Mary, to answer Edward Elioes in a Plea, that he render to him one hundred shillings, which to him he oweth & unjustly detaineth, &c. and hereupon the Sheriffs of the Lord Protector now of London, returned to his Justices here from the day of S. Martin in 15. dayes last past, that the [Page 228] aforesaid Mark was not found in their Bayly-wick, when as it is witnessed in the same Court of the said Lord Prote­ctor here, that the said Mark lurked wandred, and lay hid in the County a­foresaid, and now here at this day came the aforesaid Edward by his Attorney, and offered himself the 4th. day against the aforesaid Mark in the Plea afore­said, and he came not, and John For­tescue Knight, Chancellor of the Coun­ty Pallatine aforesaid, now returneth that he by virtue of the aforesaid Writ of the Lord Protector to him directed by the Writ of the said Lord Protector under Seal, &c. he commanded the She­riffe of the County of Lanc. as, &c. which said Sheriff to him returned that he took the body of the aforesaid Mark, whose said body here at this day he hath readie, as &c. but because the Sheriffe, the body of the aforesaid Mark now here hath not, therefore he (to wit) Edmund Crafford Esq is in mer­cy, &c. and it is commanded to the a­foresaid [Page 229] Chancellour of the said Lord Protector of the County Palatine a­foresaid, that by the Writ of the said Lord Protector under the Seal, &c. he cause the Sheriffe of the said County to be commanded that he have here from the day of Easter in 15. dayes the bodie of the aforesaid Mark, whom, &c. to answer the aforesaid Edward in the Plea aforesaid, &c.

The Entry of an Alias Distringas, nuper vic. ad Habend. Corpus.

ss. It was commanded to the Chancel­lour of the Lord Protector of his Coun­ty Palatine aforesaid, or to him that holdeth his place there, that by the writ of the said Lord Protector, under the Seal of the Countie Palatine aforesaid duely to be made, he should cause to be commanded the Sheriff of the Countie aforesaid, that he should distrain Robert Halsall K^nt. late Sheriffe of the Coun­tie aforesaid, predecessor of the now Sheriffe by all his Lands, &c. and that of the profits, &c. so that he might have [Page 230] here at this day (to wit) in the morrow of the Holy Trinity the bodie of O. W. whom, &c. to answer J. W. in a plea, that he render to him xx.l. &c. and now here at this day came the aforesaid J. W. by his Attorney, and offered himself the 4th. day against the aforesaid O. W. in the aforesaid plea, and he came not, and John Fortescue Knight, Chancel­lour of the County Palatine aforesaid now returneth that he by virtue of the Writ aforesaid to him directed by an­other Writ of the said Lord Protector, under the Seal, &c. he caused the She­riff of the Countie aforesaid to be com­manded, as &c. which said Sheriffe (to wit) Edmund Trafford Esq thus answer­eth, that the aforesaid Edward Halsall Knight, late Sheriffe is distrained by Cattle, to the value of 3.s. 4.d. and is mainprised by John Doo, and Rich. Roo, therefore they are in mercie, &c. and it is commanded to the Chancellour of the County aforesaid, that by the Writ of the said Lord Protector, under the [Page 231] Seal, &c. he cause to be commanded to the Sheriffe of the County aforesaid, that he distrain the aforesaid Edward Halsall Knight, late Sheriffe by all his Lands, &c. and that of the profits, &c. so that he have here in the morrow of All Souls, the bodie of the aforesaid O. W. whom, &c. to answer the aforesaid John, in the Plea aforesaid, &c.

The form that was used in a Test to the Chancellour of the Court of Lancaster.

To the Chancellour of our County Palatine of Lancaster, or to him that holdeth his place there: Greeting, we command you that by our Writ, under the Seal of the County Palatine a­foresaid, duly to be made you cause the Sheriffe of the same County, to be commanded that he take, A. B. &c.

An Alias Summons in a Quare impedit, where the Sheriffe hath returned that the Original Writ was delivered to him too late.

Oliver, To the Sheriffe of Middle­sex. [Page 232] Greeting, we command you that you Summon by good Summoners Richard Bishop of L. & David English Clark, that they be here before our Ju­stices at Winton in eight dayes of S. Hil­lary, to answer William Freeman in a Plea, that they permit the said William to present a fit person to the Vicaridge of the Church of Stebon heath, alias Stepney, which is void, and to his Donation belongeth, as he sayeth: and whereupon your self hath certified to our Justices at Winton, in the morrow of St. Martine last past, that our Writ to you formerly thereof directed so late to you was delivered, that by reason of the brevity of the time you could not execute it, and have you there the names of the Summoners, and this Writ, T. &c.

The Entry thereof.

ss. The Sheriff was commanded that he should Summon by good Summo­ners Rich. Bishop, of L. & David English Clark, that they might be here before [Page 233] the Lord Protector at Westminster in 8. dayes of St. Michael last past, to answer William Freeman in a Plea, that they permit the said William to present a fit person to the vicarage of the Church of Steban-heath, otherwise Stebun-heath otherwise Stepney, which is void and to his Donation belongeth, &c. at which day the Plaint aforesaid was adjourned by the Writ of the said Lord Protector, of common adjournement at Westmin­ster aforesaid, untill from the day of St. Michael in one moneth then next following, at which day the Plaint a­foresaid was further adjourned by ano­ther Writ of the said Lord Protector, of common adjournment from West­minster aforesaid, unto the Citie of Winton, in the County of Southampton in the morrow of St. Martine then next following, and now here (to wit) at the aforesaid Citie of Winton at the same morrow of St. Martin came the afore­said William by his Attorney, and offer­ed himself the fourth day against the [Page 234] aforesaid Richard and David of the a­foresaid Plea, and they came not, and the Sheriffe now returneth that that Writ was delivered to him so late, that by reason of the brevity of the time he could not execute it, therefore as here­tofore let them be summoned, that they may be here in 8. dayes of St. Hillary, to answer the aforesaid William in the aforesaid Plea, &c.

The Entry of a Summons in Severance.

ss. E. R. and J. W. Executors of the Testament of VV.M. by their Attorney offered themselves the 4th. day against B.N. late of, &c. in a Plea, that he ren­der to them C. s. which from them he unjustly detaineth, &c. and he came not and the Sheriffe was commanded that he should Summon him, &c. and the Sheriffe now returneth that he hath no­thing, &c. therefore let him be taken that he may be here in the morrow of All Souls, &c. and now here at this day came the aforesaid J. VV. by Thomas [Page 235] Bullock his Attorney, and offered him­self the fourth day against the aforesaid B.N. in the Plea aforesaid, & the afore­said E.R. the fourth day of the Plea be­ing solemnely called, came not, and the Sheriffe was commanded that he should Summon the aforesaid E. R. that he might be here at the aforesaid Term to prosecute against the aforesaid B. N. to­gether with the aforesaid J.W. his Plea aforesaid, if, &c. and hereupon it is or­dered in the Court of the Protector here, that the aforesaid J.VV. may pro­secute alone against the aforesaid B. N. his Plea aforesaid, and he came not, & the Sheriffe was commanded that he should take him, if, &c. and the Sheriffe now returneth that he is not found, &c. therefore as heretofore, let him be ta­ken that he may be here from the day of St. Martin in 15. dayes, &c.

The Entry of a Resort.

ss. Enter your Testatum first, then follow, at which day here came the a­foresaid C.D. by his Attorney, and of­fered [Page 236] himself the fourth day against the aforesaid A.B. in the plea aforesaid, and he came not, and the Sheriffe now re­turneth that he is not found, &c. and hereupon the aforesaid C.D. by his At­torney aforesaid, prayeth the Writ of the Lord Protector, of taking the afore­said A. B. to the Sheriffs of London to be directed where his Original Writ first issued out, and it is granted to him, &c. therefore the Sheriffs of London are commanded that they take the a­foresaid A. B. if, &c. and safely, &c. so that they may have his bodie here from the day of Easter in 15. dayes, &c.

The Entry of a common Appearance.

L. ss. The Sheriffs of the said Citie were commanded that they should take T.S. if, &c. and him safely keep, &c. so that they might have his bodie before the Justices of the Common-Bench at VVestminster (tali die) to answer J. G. in a plea of debt, &c. and the aforesaid [Page 237] T. by VV. S. his Attorney prayed that his appearance might be recorded by the Court, and it is Recorded.

The Entry of a special Bail.

L. ss. The Sheriffs were commanded that they should have here at this day (to wit) from the day of St. Martin in 15. dayes the body of a A.E. late of M. in, &c. whom of late, &c. to answer un­to B. D. in a plea, &c. now here at this day came as well the said B. as the said A. in his proper person, and moreover here came D. H. of, &c. & N.H. of, &c. in their proper persons, and each of them did acknowledge himself to owe to the said B. the summe of 200. l. of lawfull money of England, which said summe of 200. l. the said D. and N. for themselves and their Heirs, do will, and grant, and either of them do will, and agree shall be made of the Lands and Cattles of both of them, and shall be le­vied to the use and behoof of the said B. [Page 238] and his Executors, and the said A. like­wise present here in Court doth ac­knowledge himself to owe to the afore­said B. the summe of 400. l. of lawfull money of England, which said summe of 400. l. the said A. for himself, his Executors and Administrators, doth, will, and agree, shall be made of his Lands and Goods, and shall be levied to the use and behoof of the said B. and his Executors yet under this conditi­on, that if it shall happen that judge­ment in the aforesaid Plaint to be here given for the said Plaintiffe in the said debt, and also all damages adjudged to the said Plaintiffe against the said De­fendant, here in Court by occasion of the detaining of the aforesaid debt he shall satisfie it, or render his body here in Court in execution of the same judg­ment, &c.

A Writ of Scire Facias against the Bail.

Oliver, &c. To the Sheriffe of Sur­ry, Greeting, whereas John Haslock, late [Page 239] of Catteram in your County, Yeoman, and Anthony Basset of the same Hus­band-man, late in our Court (to wit) in the Term of the Holy Trinity, in the year of our Lord 1653. before F. W. one of our Justices of the Common-Bench at Westminster have bailed, and both of them did become bayl for Robert Onusted, late of, &c. in twenty pounds, that if it should happen the same Robert in a Plea of debt upon de­mand of twenty pounds against him by one John Slater, otherwise Green Exe­cutor of the Testament of Robert Sla­ter, alias Green, in our said Court of Common-Bench aforesaid prosecuted by any lawfull means to be convicted, and judgement for the same Executor in the Plea aforesaid, against the afore­said Robert in the same Court to be gi­ven, that then the same Robert the a­foresaid debt of twenty pounds, and al­so all damages to the said Executor by occasion of the detention of the debt aforesaid against the said Robert in the [Page 240] said Court to be assessed, or by any way to be adjudged should satisfie, or that the said Robert his body in Execution of that judgement in our said Court should yield, which said twenty pounds the aforesaid John Haswell and Anthony have acknowledged to be made of the Lands and Cattles, and to the behoof and use of the aforesaid Executor to be levied, if it should happen the said Ro­bert against the Bayl aforesaid in any way to make default, and although the aforesaid Executor in the Term of St. Michael, in the year, &c. before E.A. Knight, and his associates, our then Ju­stices of the Common-Bench at West­minster, by order of the same Court had recovered against the aforesaid Ro­bert, as well the aforesaid twenty pounds as thirty shillings, which to the same Executor in our said Court were adjudged for his damages, which he hath had by occasion of the detention of that debt, whereof he is convicted as by the Record and Processe thereof in [Page 241] our said Court remaining it manifestly appeareth, yet the aforesaid Robert his body in Execution of the judgement a­foresaid in our said Court hath not yielded, nor to the aforesaid Executor for the debt and damages aforesaid, ac­cording to the Form of the Recogni­sance aforesaid hath satisfied, as by the information of the aforesaid Executor we have received, and for that we will that those things which in our said Court have been rightly done and re­cognized be duely demanded for exe­cution, we command you that by honest and lawfull men of your Bayly-wick you give to the aforesaid John Haswell and Anthony to know that they be be­fore our Justices at Westminster, from the day of Easter in 15. dayes to shew if they have, or know any thing to say for themselves, why the aforesaid twen­ty pounds by them in form aforesaid severally acknowledged of their Lands and Cattles in your Bayly-wick ought not to be made, and to the aforesaid ex­ecutor [Page] [Page 242] yielded according to the form of the Recognizance aforesaid, if they shall think fit, and have you there the names of them, by whom you shall give them to know, and this VVrit Witnesse, O. St. John, &c.