Abatement.

HILL. 39. Eliz. Rot. 506. ss. Abatement pleaded to a Sci. fac. in debt against an Ad­mistrator, for that there were two Admini­strators, who administred, and but one of them is named in the Sci. fac. A Scire facias in Debt against an Administrator, upon a judge­ment against the Intestate, the Administrator appeareth, and hereupon the same W. the Ad­ministrator sayth, that the sayd S. ought not to have execution against him for the debt and damages aforesayd, of the goods and chattells aforesayd; because he sayth, that the sayd Intestate at E. in the County of N. within the Arch-Deanry of N. dyed intestate, after whose death, and before the day of purchasing of the sayd Writ of Scire facias, to wit, 5. Februa­ry Anno &c. at L. in the County of N. the Administration of the goods and chattells which were of the sayd E. at the time of his death, &c. by C.L. Doctor of Lawes, &c. was committed to one M. Relict of the sayd T. and to the sayd W. Which sayd M. and W. admin [...]stred all the goods and chattells which were of the sayd T. at the time of his death, as Administrators of those goods and chattells, by virtue of the Administration aforesayd, to wit at G. which sayd M. is yet surviving, and in full life, to wit at G. aforesayd. And this he is ready to verifie, whereupon for that the same M. is not named in the sayd Writ of Sci­re facias, the same W. prayeth Judgement of that Writ, &c.

Admission.

Admission to a fine after com­mitment to the Fleet upon a Cepi corpus returned upon a Capias pro fi­ne for the King, tam pro fine as for the execution at the suit of the party. Satisfaction gi­ven to the par­ty. Admitted for six shillings eight pence paid into the hands of one of the Prothonota­ries. Audia elongat. returned in a retorn. habend the defendant appears and pleads non cul. and afterwards the plaintiff prayes to be ad­mitted to his fine, and gives security, and the Justices ass [...]sse the fine.T 12. H. 8. Rot. 159 Afterwards to wit the fourth day of July An­no, &c. came here into the Court the Defendant in his own person, by the Sheriffs of London, by virtue of a Writ of the sayd Lord the King (De capias pro fine) of the sayd Lord the King taken, and by occasion as well of the sayd Fine, as by occasion of the execution of the Judgement aforesayd, at the prayer of the Plaintiff, was committed to the prison of the Lord the King of the Fleet, sayth, that hee is ready here in Court to satisfie the Plaintiff of his damages aforesayd, and brought the mony here into the Court; which sayd mony, the sayd Plaintiff here in Court doth receive of the same Defendant: There­fore the sayd Defendant be quiet for the sayd Damages, and hereup­on the same Defendant prayeth to be admitted to a Fine with the Lord the King, to be made by occasion of the premisses, and he is admitted &c. for six shillings and eight pence, which the sayd Defendant in the Court of the King here by the command of the Justices here payd to John Jenour one of the Protho [...]otaries of the Court here, for divers re­parations to be made here in Court, and the sayd Defendant go there­of without day, &c.

P 4. H. 8. Rot. 159. ss. It was commanded the Sheriff, whereas T. I. in the Court of the King here, had been summoned to answer T.R. of a plea, wherefore he had taken the Cattell of the same R. C. and had unjustly detained them against Sureties and Pledges, the same T. R. in the same Court of the King here had made default, for which it was considered in the sayd Court of the King here, that the sayd T. I. should go therefore without day, &c. And that the sayd T.R. and his Pledges to prosecute should be in mercy, and that the sayd T. I. should have returne of the Cattell aforesayd, and the King commanded the sayd Sheriff that without delay he returne to the sayd T. I. the cattell a­foresayd, and should not redeliver them at the complaint of the sayd T.R. without the Writ of the sayd Lord the King, which should make expresse mention of the Judgment aforesayd. And in as much, &c. he should make knowne here at this day, to wit, 15. Pas. And now here at this day commeth the sayd T.R. in his proper person, and the Sheriff now returneth, that the cattell whereof mention is made in the sayd Writ, are eloyned to places to him unknown, by the sayd T. R. so that he could not have view of them, and therefore hee could not make re­turne of the sayd Cattell to the sayd T.I. as to him it was commanded, whereupon the sayd T.R. as to the eloynment of the Cattell aforesayd, [Page 3] saith, that he is in no wise thereof guilty:As to the con­tempt not guil­ty. And of this he putteth him­self upon the Country, &c. But that costs, labour, and expences may be spared about the Issue of the Country in this behalf to be tryed, prayeth himself to be admitted to make a Fine with the said Lord by occasion of the premisses, &c. And hereupon the said T. R. found pledges in Court here to the said Lord the King for that contempt, to wit, T. S. and R. C. whereupon the Justices of the Lord the King here do assesse the Fine of the said T. R. by occasion of the Premisses ad propert sup. dict. Therefore the said T.R. of that contempt be quiet, and go there­of without day, &c.

P. 3. Ca Reg. rot. 42. amongst the Pleas of lands: Brownlow: The admission of the third Prothonotary unto his Office. Be it re­membred, That the seventh day of May, that same Tearm, Thomas Richardson Knight, chief Justice of the Lord the King of the Common Bench, here freely granted to R. M. Gent. one of the Clerks of Richard Brownlow Esquire, chief Prothonotary of the Court of Common Bench aforesaid here, the Office of the third Prothonotary of the Bench afore­said here, now being void by the death of Thomas Waller Esquire, late third Prothonotary of the same Court of the Bench aforesaid here: And admitted the same Robert to that Office, to have hold and enjoy to the same Robert for term of his life as his free Tenement, according to the custome of the Court aforesaid, from the time whereof the memory of man is not to the contrary, used and approved. And also the same Robert as wel the Oath of the Kings Supremacy according to the form of the Statute in this case made and provided, as his corporall oath well and faithfully to carry and behave himself in the same Office, before hand taken, as the custome is into corporall possession of the same office put and instituted, to hold, occupy, and enjoy the same in form as aforesaid, so fully and wholly, and in the same manner and form,Vad. as the same Tho­mas Waller late had and occupyed the same office, perceiving in the same office, Wages, Fees, Profits, Commodities and Emoluments to the same office due and accustomed, &c.

T. 12. Ed. 4. Rot. 494 Copley, Midd. ss. The admission of the second Prothonotary unto his Office. Be it remembred that William Comberford lately having and occupying in the Court of the King here, the Office of one of the Prothonotaries of this Court, the same, to wit, the office which Thomas Brown during his life-time in time past, and immediatly before the same Thomas Brown had exercised and occu­pyed, and which said office William Wakefeild during his life time, in time past, and immediatly before the same Thomas Brown had exercised and occupyed the eleventh day of June, that same tearm died, after whose death that office was vacant, and continued so vacant until the fifteenth day of June then next following which said fifteenth day John Fogge Knight, chief Clerk of the Lord the King, and Keeper of the Rolls of the said Lord the King of this Court, to whom by reason of that of­fice, [Page] the Donation or Presentation of one of the Prothonotaries of this Court is known of right to belong, Came here in Court in his proper person, and gave to the Court here to understand that the said office of one of the Prothonotaries by the death of the said William Comberford was void, and gave and granted to Roger Brent, and constituted and ordained him to have and occupy that Office: And the same Roger be­ing in his proper person to be admitted to the said office, was presented to Thomas Bryan chief Justice of the Lord the King of this Court, to whom by reason of his office belongeth the admission of every person to the same office whensoever it is void, by the chief Clerk of the Lord the King, and keeper of the Rolls and Writs of the said Lord the King of this Court for the time being present, requiring the same chief Justice that he would admit the same Roger to the said office of one of the Pro­thonotaries, and that he would think worthy to put in full possession of the same. And hereupon the same chief Justice here in the premisses, by mature deliberation, and advisement: And as well to the ability as to the long and tedious continuance, attendance, and exercise of the said Roger in this Court, consideration, and respect being had, admitted the same Roger to that office, and swore him well and faithfully to occupy and exercise the same office, and put the same Roger into full possession of the same office, to have and exercise the same to the said Roger for tearm of his life, as fully and entirely, and in the same manner and form as the same William Wakefeild T. B. and W. Comberford, or any of them, or any other, the said office before their times had and occupyed, re­ceiving in the same Wages and Fees, Profits, Commodities, and Emolu­ments to the same office due and accustomed.

Accedas ad cur. to remove a plaint cut of a Court Baron, &c. and a Pro­cedendo gran­ted, for that the cause is sufficient to re­move the plaint and the Com­mon Bench will not hold plea thereof. M. 13 & 44. Eliz. Rot. 2175. T 18 Iac. Rot. 1959 H. 9 Jac. Rot. 2008 & 1425.Accedas ad Curiam.

T. 13. Eliz. Rot. 1276. ss. The Lady the Queen sent to the Sheriff of Southampton, her Writ closed in these words. Elizabeth, &c. That taking with you four discreet and lawfull Knights of your County, In your proper person you come to the Court of Gabriel White Esquire, in O. in full Court there, and cause to be recorded the Plaint which is in the same Court without our Writ, according to the custome of the same Court, between William Marquesse of Winchester, and the Lady Eliz. Warham Widow, of a certain Trespasse to the said Marquesse by the same Eliz. done as is said, and bring that R [...]cord before our Justices at West. in Cro. Trinitatis, under your Seal, and the Seals of four lawfull men of that Court, who shall be present to the same Record, and that you prefix the same day to the parties, that they should be then there to proceed in the same Plaint as shall be right, And have you there the [Page 5] names of the same four lawfull men, and this Writ, Witnesse our selfe at Westminster, the eigth day of May, An. &c. 13. because the same E­liz. claimeth to hold the Tenements wherein the Trespasse aforesaid is supposed to be done by the Common Law,Cause. and not according to the custome of the Mannor of O. for which that Plaint in the same Court ought not further to be drawn, let execution be done upon that Writ if the cause be true, and the same Eliz. shall desire this, or otherwise not. By vertue of which said Writ G. Wells Esquire, Sheriff of the County aforesaid, now here at the said Cro. Trinitatis returned, that he took with him S. C. I. H. G. H. and I.H. four discreet and law­full Knights of his County, and in his proper person came to the same Court of the said G.W. and in full Court there, held the tenth day of May, An. &c. 13. abovesaid, and caused to be recorded the Plaint a­foresaid, which was in the same Court, without the Writ of the said La­dy the Queen, between the parties aforesaid, in the Plea aforesaid: And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal, and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court, of those who were present at the same Record, And had prefixed the same day to the parties aforesaid, that they should be here to proceed in the same Plaint as shall be just. And now here at this day came as well the same Marquesse, by Rich. Lee his At­torney, as the same Eliz by W. Plomer her Attorney,Judgment that the cause is in­sufficient to re­move the cause, and a writ of Procedendo is granted. whereupon the cause aforesaid being seen in the Writ aforesaid recited; It seemed to the Justices here, that cause to be insufficient in Law to remove the Plaint aforesaid, out of the same Court of the said G.W. of his Mannor afore­said: And that the Court of the Queen here ought not to take Cogni­zance of the Plea therein, And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid: Therefore it is considered that the same Bayliffs, notwithstanding the Writ aforesaid, in the Plaint aforesaid, according to the Law and Custome of the Mannor aforesaid, at the prosecution of the said Marquesse proceed with effect; and that they exhibit to the parties aforesaid full and speedy Justice therein, according to the custome of the Mannor aforesaid, &c.

P. 11. Iac. Rot. 2215 ss. Entry of a writ of Accedas ad cur. to remove a plaint out of an inferiour Court, and a Procedendo awarded for that the dama­ges in the plaint are under 40 [...]. The Lord the King sent to the Sheriff of Lin­coln, his Writ closed in these words: Iames, by the Grace of God, &c. to the Sheriff of Lincoln greeting: We command you, that taking with you four discreet and lawfull Knights of your County, In your proper person come to the Court of Edward Dymock Knight, of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court, without our Writ between I. &c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said, And have that Record before our Justices at Westm. Mense pas. under your Seal, and the Seals of four lawfull men of the [Page 6] same Court, who shall be present at that Record, and that you prefix the same day to the parties, that then they should be there to proceed in the same Plaint as shall be just, and have you the names, &c. Teste, &c. because the same Defendant, for the favour which the same Plaintiff hath in the same Court, cannot have Justice there as it is said: Let exe­cution be done upon that Writ if the cause be true, and the same Defen­dant shall desire it, or otherwise not. And now here at this day, to wit, at the same Mens. pas. I. L. Knight, Sheriff of the County afore­said returned, that he by vertue of the Writ aforesaid, took with him I. D. R. R. I. D. and F. Fenn, four discreet and lawfull men of his County in his proper person, came to the Court of Edward Dymock a­foresaid, and in full Court there caused to be recorded the Plaint where­of mention is made in the same Writ, And the Record thereof hath before the said Justices here at the same Mens. pas. under his Seal, and the Seal of I. Hart, R.S.I.N. and W. Stoke, four lawfull men of the same Court who were present at that Record, and prefixed the same day to the parties, that then they should be here to proceed in the Plaint afore­said as should be just. Horncastle cum Soca ss. At the Court of Pleas of Edward Dymock Knight, Tenant or Farmer of the Reverend Father in Christ H. Bishop. &c. held such a day and year, &c. T. complaineth a­gainst W. late of. &c. of a Plea of Trespasse upon the case; Pledges to prosecute Io.D.R.Ro. And now here at this day came the same T. by R.O. his Attorney,Cause alledged for a Proce­dendo, because the damages exceed not 40 s. and the Common Bench cannot take cog [...]izance of the plea. and given the Court here to understand and be in­formed that the Damages to the said T. in that Plaint supposed to be su­stained do not amount unto four shillings: And for that cause prayeth a Writ of the Lord the King de procedendo, in this behalf to be granted him. And because the same W. nor any other on the behalf of the said W. came not, nor alledged any thing in Court here to the contrary, for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint, do not amount to forty shillings, in which case it belongeth not to the Court here to hold Plea thereof: It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid, may further proceed in the Plaint aforesaid, between the parties aforesaid: There­fore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid, that they further proceed in the Plaint aforesaid, ac­cording to the law and custome of his Soak of the Mannor aforesaid, the same Writ of the said Lord the King,Procedendo aw [...] ded, non obstante, &c. before therein to the same Sheriff directed notwithstanding. And that they exhibit full and speedy ju­stice therein to the parties aforesaid, according to the Law and custome of his Soak of the Mannor aforesaid, should be to be done, &c.

Allowance.

H. 3. I. Rot. 220. c. Brownlow; Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity. The Lord the King sent to his faithfull and beloved George Kingesmill Knight, one of the Justices of the said Lord the King of the Common Bench, his Letters Pattents in these words; James, by the Grace of God, of England, Scotland, France, and Ireland, King Defender of the Faith: To the Treasurer, Chancellor, Chamberlain, and Barons of our Exchequer, And also to our faithfull and beloved, George Kingesmill one of our Justices of the Common Bench greeting. Know yee, that we, considering the debility of the body of the said George K. broken with infirmities and old age, And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench, which he is wont to undergo, as in the Letters Patents, &c. And further of our more abundant and speciall grace, certain knowledge, and meer motion, and for the lau­dible service to us and our dear Sister the Lady Eliz. late Queen of Eng­land: And also for all things to the republique heretofore in the Ad­ministration of justice performed, for us, our heires, and successors, we give and grant to you the said George K. one Annuity or annuall Rent of a hundred pounds of lawfull monie of England, yearly, to you the said George Kingesmill and your Assignes, for and during the naturall life of you the said George Kingesmill to be paid at the receit of our Ex­chequer, our Heirs and Successors, by the hands of our Treasurer and Chamberlain, and of our Heirs and Successors for the time being, out of our Treasury, in the hands of our Heirs or Successors, from time to time hapning to be at the four Feasts, &c. by equall portions yearly to be paid, during the naturall life of you the said George K. Wherefore we will, and by these Presents firmly enjoyning, we command as well to our T.C C. and Barons of our Exchequer, our Heirs and Successors for the time being, as to all and singular other our Officers and Ministers, and all our Heirs and Successors whatsoever for the time being, to whom it shall belong in this behalf, that they and every of them upon the sole demonstration of these our Letters Patents, or the Inrolement of them, without any Writ or Warrant, from us, our Heirs, or Successors, to be prosecuted or obtained, the said Annuity of a hundred pounds by the year to the said E. K. and his Assignes, they should pay and deliver in form as abovesaid, or should cause to be paid and delivered: And that these our Letters Pattents, or the Inrolement of them shall be as well to the said Treasurer C [...] and Barons of our Exchequer aforesaid, and of our Heirs and Assignes: As to all and singular other our Officers and Ministers, our Heirs and Successors whatsoever, for the time being, to whom in this behalf it shall belong, a sufficient Warrant in this behalf, for that no expresse mention of the true yearly value, or of the certainty of the Premisses, or of any of them, or of any other Gift or Grants by us or any of our Progenitors to the said George Kingesmell before these times made, in these Presents be not made, or any Statute or Ordinance, [Page 8] Provision, Proclamation, or Restriction to the contrary thereof before now, be had, made, done, ordained, or provided, or any other thing cause, or matter whatsoever, in any thing notwithstanding in Testimo­ny, &c.

Amercement.

The Sheriff a­merced for ma­king of an in­sufficient return upon a Writ in wast. M. 19. H. 8. Rot. 260. At which day here came the said Elizabeth, by her Attorney aforesaid, whereupon the Premisses being seen, and by the Justices here sully understood: It seemeth to the Justices here, that the return of the Writ aforesaid is insufficient in Law, for that in the same return no mention is made, that the said Sheriff in his proper person came to the places aforesaid wasted: Therefore the same Sheriff to wit H. A. Esquire, in mercy. And he is fined by the Justices here at twenty shillings, And as before, let another Writ be made thereof to the said Sheriff in form aforesaid, returnable here in 8. S. Trinita­tis, &c.

The Sheriff is amerced for not returning of a Capias utla­gat. E. 12. Iac. Rot. 2243. ss. Edw. R. Esquire, Sheriff of the County afore­said, for that he returned not here into the Court a certain Writ of Capias utlagat. against P. P. at the Suit of T. T. in a plea of Debt re­turnable before the Justices of the said Lord the King here 1. die, &c. that same term in mercy, and is fined by the Justices here at ten pounds.

The Sheriff a­merced for not returning of a Cap. sat. after severall daies given him by the Court. ss. I. P. Esquire, for that, that at severall daies to him given by the Court here, he returned not the Writ of the Lord the King of Capias ad satisfaciendum for forty pounds for debt, and sixty pounds for damages, to the same Sheriff directed to satisfie M.T. Knight Plaintiff, against E. D. of, &c. Gent. returnable here Mense Mich. that same term in mer­cy, And is fined by the Justices here at a hundred and three pounds six shillings eight pence, &c.

The Marshall of [...]he Court of Common B [...]nch fo [...] that he at­tended not up on the Iudge upon the Ess. in day, is fined twenty pounds. M. 10. Eliz. Kot. primo Whoteley ss. It is considered by the Court for that, that Andrew Billesly Marshall of the Court aforesaid, kept not the day of Essoynes here in Court S. Trinitatis, that same term, nor attended upon Humphrey Brown Knight, o [...] of the Justices of the Lady the Queen of the Bench, here then at that day being for the recei­ving of the four Essoynes of the same Cro. S. Trinitatis: And also fur­ther, because those things which appertained to his Office of Marshall in that behalf were not done: Therefore the same Andrew in mercy, and is fined by the Justices at twenty pounds.

Appearance.

LOndon ss. It was commanded the Sheriffs,Entry of an ap­pearance upon an attachment of priviledge, in discharge of an Obligation made to the Sheriff for his appearance, and baile in Court to the A­ction. T. 3. Car. Reg. rot 2002. H. 19. Jac. rot. 1. c. Brownlow the like. E. t y of the ap­pearance. that they should attach T. F. so that they might have him here at this day, to wit, upon Satur­day next, after the morrow of the holy Trinity, to answer I. C. one of the Attorneys of the Court of Common Bench of the Lady the Queen here, according to the liberties and priviledges of the same Court for such Attorneys and other Ministers of the same Bench, from the time whereof no memory is extant, used, and approved in the same, in a plea of Trespasse. And the Sheriff now returneth, that he is attached: And now here at this day came the said T. in his proper person, and saith, that he, and divers other persons of his friends, at his request, who are bound by their writing obligatory to the said Sheriffs of London, in a great summ of monie, that he should personally appear here this day, to answer to the said I. in the plea aforesaid: And as well for his in­dempnity, as for his security aforesaid, prayeth that his appearance by the Justices here at this day may be recorded, &c. whereupon the appea­rance of the said T. at this day is recorded, &c. And hereupon came here into the Court certain N. F. of, &c. and W. S. of, &c. and under­took, and both of them undertook in the summ of a hundred pounds for the same T. and the same T. being likewise present in Court in his pro­per person,Entry of the Re­co [...]nizance upon the Manucapti­on. Bayl in Tres [...]ass and assumed upon himself in the summ of two hundred pounds, that if it should happen the said T. to be overcome in the said plea, that then the said T. should satisfie to the said I. of the damages for the same I. against the said T. in the plea aforesaid, in the Court a­foresaid to be recovered, or adjudged: Or that he the same T. for that occasion render himself to the Prison of the Lady the Queen of the Fleet, which said summ of a hundred pounds, both of the Manucaptors aforesaid, acknowledge to be made of their lands and Chattels, and which said summ of two hundred pounds, the said T. acknowledgeth to be made of his Lands and Chattels, to be levied to the use and behoof of the said I. if it shall happen the said T. to make default in any of the premisses, and thereof to be lawfully convicted, &c.

M [...]dd ss. It was commanded the Sheriff,Entry of an ap­pearance upon on attachment of priviledge and bail there­upon. that he attach I. H. so that he might have him here at this day, to wit, upon Fryday next after Cr. Trin. to answer I.F. chief Prothonotary of the Court of Common Bench of the Lady the Queen here, according to the liberties and privi­ledges of the same Court for such Officers and other Ministers of the same Bench, from the time, &c. in a plea of Trespasse, as in the President before (mutat. mutandis) untill you come to: And the said I. H. be­ing likewise present here in Court in his proper person, assumed upon [Page 10] himself in the summ of eighty pounds, that if it should happen the same J.H. in the plea aforesaid, by any lawfull means to be convinced, then the same R.R.G.W. and J. grant, and every of them for himself grant­eth, that all damages, costs, and charges, to be assessed to the said J. F. by occasion of the Trespasse aforesaid, or in any manner to be addjud­ged, may be made of their Lands and Chattels, and levied to the use and behoof of the said J.F. if it shall happen the laid J.H. not to pay to the said J. F. all such damages,Bail in Tres­pass. costs and charges, or upon that occasion ren­der himself to the Prison of the said Lady the Queen of the Fleet, &c.

Entry of an ap­pearance upon an arrest in dis­charge of the Manucaptors upon mean pro­ces. ss. T. 8. Jac. Rot. 2257. Waller, Be it remembred, that David D. late of, &c. came here into the Court the twentieth day of June, that same Tearm in his proper person, and said, that he, and divers other per­sons of his friends at his request, by their Writing obligatory are held to the Sheriff of the County aforesaid, in a great summ of money, that he should appear here at this day, to wit (tres Trin.) to answer to T. M. in a plea of debt.See the old book of Entries title apparance, fol. 42. the like en­try. And as well for his own proper indempnity, as for the security of his friends aforesaid, prayeth that his appearance by the Justices here at this day should be recorded, whereupon the appea­rance of the said D. by the same Justices here at this day is recorded, &c.

Attachment.

H 15 Eliz. rot. 557. the like for Wilson. MIch. 19 Jac. Rot. 1873. Precipe for Broke, Attachment for debt in the Court of the Mayor, &c. the Attachment was disattached by Bail, and the Plaint was removed by a common Writ of Priviledge, with­out a Certiorare.

Entry of an at­tachment in a Quare Impe­dit and awar­ding of a Di­stress. P. 4. Jac. Rot. 2259 North. ss. G.C. Esquire, by his Attorney offered himself the fourth day against Thomas Bishop of the Burrough of Saint Peter, otherwise Peterborough, and W.C. his Clerk, of a Plea, that they permit him to present a fit person to the Church of W. which is void and belongeth to his Gift, &c. and they came not, and the Sheriff is com­manded that he attach them, &c. And the Sheriff returneth that they are attached by Pledges, I.P. and R. S. Therefore they in mercy, &c. And the same B. and W. are distrained, that they be here Quinq. Pas. Note that the distresse is peremptory in this Writ, and this by the Statute of Marl­burge, Cap. and daies are given from fifteen dayes in fifteen dayes, Na­tura Br. fol. 26. a.

T. 11. Jac. Rot. 3910. c: W [...]llaston Ebor. ss. It was commanded the Sheriff that he attach G. B. of C. E. E. Gent. and I. T. Clerk. that they [Page 11] should be here at this day, to wit,Entry of an at­tachment in a Quare Impe­dit, and Sum­mons and se­verance, one of the Plaintifs comes not, Iu [...]gment, the other Sequat. solus, and the Bishop essoins which day is given to the o­thers. in Cro. Trin. to answer M.W. and F. S. Esquire, of a plea that they permit them to present a fit person to the Church of S. which is void and belongeth to their donation, &c. And that he summon by good Summoners the said F. that he should be here at the said Tearm, to follow his plea aforesaid against the said B. E. and I. together with the said M. if, &c. And now here at this day came the said M. by A.B. his Attorney, and the said F. the fourth day of the Plea, being solemnly called came not: And the Sheriff now returned that he is summoned by J.D. and R.F. Therefore he in mercy, &c. And it is considered that the said M. follow alone without the said F. the Plea aforesaid, &c. And it is to be known that the said B. cast himself an Essoyn de malo veniend. against the said M. and F. in the plea afore­said, and as well the said B. as the said E.E. and I. T. have therein day by the Essoin of the said B. here untill Oct. S. Mich. &c.

T. 13. Jac. Rot. 3668. Brownlow ss. Amerciament vic. upon at­tachment of priviledge. It was commanded the Sheriff that he attach I.H. so that he have him here (die lunae Proxime post 15. S. Trin.) to answer Jo. Martin Gent. one of the Attorneys, &c. in a plea of debt: And now here at this day came the said Martin in his pro­per person,Cepi corpus returned. and offered himself against the same I. H. in the plea afore­said, and he came not, and the Sheriff now returneth, that he took the body of the said I.H. whose body he hath ready here at this day, accord­ing to the intent of that Writ to him thereof directed:Merciament 40 s. And because the same Sheriff the body of the said I.H. at this day hath not ready: There­fore the same Sheriff, to wit, William K. Baronet in mercy, &c. and he is fined by the Justices here at forty shillings;Habeas eor­pus awarded. And it is commanded the Sheriff that he have here upon Munday next after Cr. Annimarum the body of the said I. H. whom▪ &c. to answer the said John Martin in the said plea, &c.

T. 13. Jac. Rot. 3627. c. Brownlow, the like is entred upon an Attach­ment of Priviledge, for a Judges Clerk of the Common Bench, with an Amerciament and awarding of an Hab. Corp.

M. 10. Jac: Rot. 1920. Norf: Amerciament of a Bayly of a liberty upon a Cepi corpus returned, and a Distringas a­warded upon an attachment of priviledge. M 19. Jac. rot. 1948. M. 21. H. 8. rot. 529 11 H. 4. fol. 43. pl. 12, ss It was commanded the Sheriff that he should attach I.G. so that he should have him here at this day, to wit, upon Fryday next after Mens. pas. to answer H.S. Gent. one of the Attorneys, &c. as in others, in a plea of debt: And now here at this day came the said Henry in his own person, and he came not: And the Sheriff to wit, T.C. Esquire, now returneth, that he by vertue of the Writ a­foresaid to him directed, commanded Hen: Hobart Knight and Baronet, Attorney-generall of the Lord the King and Bayliff of the liberty of the said Lord the King of his Dutchy of Lanc. in the County aforesaid, who hath the fall execution of all Writs within the liberty aforesaid, and the returns of them, within which execution of that Writ wholly vesteth, [Page 12] to be made, for that no other execution in any other place out of the said liberty can be made by the Sheriff, which said Bayliff answered to the said Sheriff, that he had taken the body of the said I. whose body he had ready before the Justices here at this day: And because the said Bayliff hath not the body of the said I. ready here at this day: There­fore the said Bayliff in mercy, And is fined by the Justices here at for­ty shillings: Therefore the Sheriff is commanded that be distrain the said Bayliff by all his lands, &c. and of the Issues, &c. so that he have here upon Fryday next after Cr. Trin. the body of the said I. whom, &c. to answer to the said H in the plea aforesaid, &c. See Trin: 14. Jac: Rot: 2151. c. Brownlow, a Distringas awarded after a Cepi Corpus returned by the Sheriff upon a Mand. Bal. against the chief Steward of the li­berty of Bury.

Duces tecum awarded the Sheriffretu ned a Languidus in prisona upon an attachment for contempt. M. 2. Car. Reg. Rot. 843. c. Brownlow, War. ss. It is commanded the She­riff as at another time it had been commanded to the said Sheriff, that he should attach I.B. of, &c. if, &c. and safely, &c. so that he should have his body here at this day, to wit, upon Satturday next after fifteen Trin. to answer to the said Lord the King now of such things as at that day should be here objected against him. And further to do and receive what the Court of the said Lord the King here should consider of him in this behalf. And now here at this day came here into Court Robert Heath Knight. Attorney-generall of the Lord the King now, who for the same Lord the King in this behalf followeth. And the same John being solemnly called came not, And the Sheriff, to wit, Io. N. Esquire, now returneth, that by vertue of the said Writ to him directed, he took the body of the said I. B. whose said body was so languishing in the Prison of the Lord the King in the County of War. and held with di­vers infirmities, so that he could not have his body ready here at this day, as by the said Writ to him it was commanded, &c. And hereupon in the said Court of the Lord the King here, on the behalf of the said Lord the King it was testified, that the said Iohn is whole and sound and able to labour: Therefore it is commanded to the said Sheriff, that he or his under Sheriff be here upon Thursday next after Cr. Martini, bring here with him the said Jo. whether he be unsound or infirm,S [...]e the old book of Entries fol. 41. title Annui­ty in proces 7. See T. 2. Car. Reg rot. 2681. c. Gulston. Vpon an appea­rance to an at­tachment upon contempt, and thereupon exa­mined, submits himself to a fine. to an­swer the said Lord the King now, of and upon the premisses aforesaid, in form aforesaid: And this he by no means omit under the penalty of ten pounds, which the Sheriff shall know himself to loose, if he shall not do it.

H. 10. Eliz. Rot. 549. Buk. ss. It was commanded the Sheriff that he should not omit for any liberty of the County aforesaid, but that he should attach J.R: so that he should have his body here at this day, to wit upon Thursday next after Cr. Pas. that same term, to answer to the Lady the Queen of and upon such things which then here on the behalf [Page 13] of the Lady the Queen should be objected. And now here at this day that same Tearm came the said J. in his proper person, by the Sheriff of the County aforesaid, by vertue of the Writ aforesaid, to him directed, brought here to the Bar, whereupon the Court here is given to under­stand, that the same J.R. present here in Court that same Term, in the face of the same Court behaved and carried himself evilly and unjustly in giving evidence to twelve Jurors of the same County of Buk. to try a certain Issue of the Country, between certain G.G. and A. his wise Plain­tiffs, and certain W.H. late of, and J.L. late of, &c. in a plea of Tres­passe in the same Court here joyned, And prayeth that the same J. R. may be fined to the said Lady the Queen for that occasion, whereupon the same J.R. being asked by the Justices here, if he had or knew any thing to say for himself, wherefore he ought not to be admitted to make a Fine with the Lady the Queen therein, who saith, that he will put himself upon the favour of the Court, to do what the same Justices here should consider of him in that behalf: And hereupon the same I. R. is admitted to make his Fine with the Lady the Queen, by the occasion of the premisses at forty shillings to be paid here in Court into the hands of R.L. one of the Prothonotaries of the Court of the Lady the Queen here, for divers Statute-books in the Treasury-house of this Court re­maining bought. Therefore the same I. go thereof without day, &c.

Ballivo amovendo.

P 10, H. 6 Rot. 324. Be it remembred that Thomas May, Entry of a Writ De ballivo a­movend. to re­move a Bayliff for continuing in office above one year togeher against the form of the statute. the third day of June, that same Tearm delivered here to J.H. under She­riff of Kent, two Writs of the Lord the King closed, directed to the Sheriff of Kent in form of Law to be executed, which said Writs the same Sheriffs here in Court opened, whose Tenors severally follow in these words, Henry, by the Grace of God, &c. to the Sheriff of Kent greet­ing, whereas in the Statute in the Parliament of the Lord Henry late King of England, our Father at Westminster lately held, amongst other things it was ordained and established, that such who are Sheriffs Bay­liffs for one year, should not be in any such Office for three years next following (except Sheriffs Bayliffs, whose Sheriffaldries are Hereditary.) And you by your Oath lately taken are bound firmly to observe the sta­tute aforesaid: And we have understood that N. K. one of your Bay­liffs of your County, which Sheriffraldry is not hereditary to you as it is said, hath continued by more years in the same Office against the form of the statute aforesaid, we willing inviolably to observe the statute a­foresaid, command you, as other times we have commanded you, that if it be so, that then you remove without delay the same N. from his said Office, and suffer him not further to execute in the same Office in the [Page 14] County aforesaid, against the form of the statute aforesaid, or signifie the cause to us wherefore you have non-obeyed our command at ano­ther time therein to you directed, Teste humfr. Duce Glouc. Keeper of England at West. 17. Febr. An. Reg. nostri 9.

Capias ad Satisfaciendum.

Entry of a Te­stat. Casam for residue of a debt whereof parcell was le­vied upon a Testat Fi. fac. Here the re­turn of nulla bona by the Sheriff of Wilts. is not recited, which ought to have been. Parcell levied, nulla bona re­turned. P. 6. H 8. rot. 158. T. 5. Eliz. rot. 381. Cap. after Elegit, after an nihil is returned. Non invent. returned. Testat. casam awarded to the Sheriff of Glouc.T 13. Jac. Rot. 632. Brownlow C. Glouc. ss. The Sheriffs were commanded that of the Lands and Chattels of R.F. &c. other­wise called, &c. Gent. they would cause to be made as well a certain debt of a hundred and sixty pounds, which R. F. in the Court of the Lord the King now here recorded against him, as eighty shillings which to the same R. in the same Court of the Lord the King here, were adjudged for his damages which he had by occasion of detaining of that debt: And that he should have those monies here at this day, to wit, in Cro. Trin. to render to the same R. for his debt and damages aforesaid, whereof he was convicted. And now here at this day cometh the same R. by J. T. his Attorney, and the Sheriff, to wit, R.B. Esquire, now re­turneth, that he by virtue of the Writ aforesaid to him directed, of the Lands and Chattels of the same R. in his Bayliwick caused to be made sixty shillings parcell of the debt and damages aforesaid. And further that the said R. had no other Lands and Chattels in his Bayliwick, where­of he could make the residue of the debt and damages aforesaid, or any parcell thereof; hereupon the same R. prayeth a Writ of the Lord the King to be directed to the Sheriff of Witls. where his originall Writt first issued to take the said R. to satisfie to the said R. of a hundred and sixty one pounds, residue of the debt and damages aforesaid: And it is gran­ted to him returnable here, Tres Trin. whereupon it was commanded the Sheriff of Wilts. that he take the said R.F. if, &c. and safely, &c. that he may have his body here at the said Tearm to satisfie the said R. of the residue of the debt and damages aforesaid, in form aforesaid: And now here at this day, to wit, tres Trin. came the same R. by his Attorney a­foresaid. And the Sheriff now returneth that he is not found, &c And hereupon it is testified in the Court of the said Lord the King here, that the said R. doth lye hid, and run from place to place in the said County of Glouc. Therefore it is commanded to the Sheriff of Glouc. that he take the same R. if, &c. and fafely, &c. so that he have his body here in Cro. Annimarum to satisfie the said R. of the residue of the debt and damages aforesaid, in form aforesaid, &c.

Capias pro fi­ne, and ent [...]y of an Exigent thereupon. H. 26. Eliz. Rot. 1737. c. Ford. Angl. ss. The entry of an Exigent upon a Capias pro fine.

[Page 15] T. 26. Eliz. Rot. 2148. c. Ford. Monmoth, Lennard Custos br. Crompton Chirographer,Com [...]osition made by the Justices for Fines in Mon­moth. a composition made by the Justices for Fines in Mon­moth shire.

SƲff. ss. Hil 41. Eliz. Rot. 2118. ss. It was commanded the Sheriff, that of the goods and Chattells which were of R. S. of,Entry of a Ca­sam after a F [...] ­fac: and special return de de­vastavix a­gainst the Exe­cutrix, upon the In­quisition. &c. at the time of his death in the hands of A. F. and M. his wife, Executrix of the Testa­ment of the said R. in your Bayliwick, he cause to be made as well a cer­tain debt of sixty pounds, which T. B. in the Court of the Queen here, to wit, at Westm. recovered against the said R. Smith as twenty shillings which to the said T. in the same Court of the said Queen were adjud­ged for his damages which he had by occasion of detaining of that debt: And that he should have the monies before the Justices of the Lord the King here, to wit, at Westm. Mens. Mich. to satisfie the said T. of the debt and damages aforesaid, whereof he was convicted. And whereup­on it was considered in the same Court, that the said T. should have execution against the same A. and M. of the debt and damages afore­said, of the Goods and Chattells which were of the same R. at the time of his death, in the hands of the same A. and M. to be administred by default:Recitall of the Testat: fi: fac: de bonis testa­toris. Suggestion de bien. And whereupon our Sheriffs of London returned to the Justices here, to wit, at Westm. tres Trin. last past, that the said A. and M. had no Goods or Chattells which were of the said R. at the time of his death in their hands, in their Bayliwick to be administred, whereof the debt and damages aforesaid, or any parcell thereof, they could cause to be made, whereas it was testified in the same Court here, that the said A and M. had sufficient of Goods and Chattells which were of the said R. at the time of his death in their hands, in your Bayliwick to be ad­ministred,Vic: Mandavit ballino liber­tatis: Nulla bona: Suggestion that the Executor wasted divers goods, with the intention that execution might not be done. whereof they might cause to be made and levied the debt and damages aforesaid: And the same Sheriff to the Justices here at that day returned, that for the execution of that Writ, he had commanded the chief Bayliff of the Lady the Queen of her liberty of Bury St. Edmund in his County, who hath full power to execute all Writs and Warrants within the liberty aforesaid, and return of them: To which said Bayliff execution of that Writ doth wholly remain to be done, for that execu­tion of the same Writ elsewhere out of the said Liberty in his County, by the said Sheriff cannot be done, which said Bayliff did answer the She­riff, that there were no Goods or Chattells in his Bayliwick, which were of the said R. S. deceased, in the hands of the said A. and M. to be ad­ministred, whereof the debt and damages aforesaid, or any parcell ther­of he could cause to be done: And because the return aforesaid doth seem to the Court of the Lady the Queen here insufficient, and in delay of execution of the Recovery aforesaid to be done: And in the Court aforesaid, before the said Justices here, on the behalf of the said T. it is testified, that the said A. and M. divers Goods and Chattells which [Page 16] were of the said K. at the time of his death in the hands of the said A. and M. to be administred, have sold, and the monies received for those Goods and Chattells, have converted to their own uses, and the residue of the Goods and Chattells which were of the said R. with intention that the said execution should not be thereupon done by the same A. and M. are eloyned or converted unto the uses of the said A. and M. The Lady the Queen now unwilling that such things which in the Court here are rightly acted and adjudged by art or ingeny to be avoided,A Writ awarded to enquire of the wast. commands the same Sheriff of Devon. that of the Goods and Chattells which were of the said R. at the time of his death, being in the hands of the same A. and M. in his Bayliwick, he would cause to be made the debt and damages aforesaid, if they could be found in his Bayliwick: Other­wise it was commanded to the same Sheriff, that by the oath of honest and lawfull men of his Bayliwick, he should make diligent enquiry, what Goods and Chattells which were of the said R. at the time of his death, were by the said A. and M: after the death of the said R: sold, eloyned, or converted to their own uses: And if it shall appear to the said Sherif by that Inquisition, that the said A: and M: the Goods and Chattells which were of the said R: at the time of his death, to the value of the Debt and Damages aforesaid, or of any parcell thereof, after the death of the said R. have sold, eloyned, or converted to their own uses, then of the proper Goods and Chattells of the said A: and M: in his Bayliwick he should cause to be made the Debt and Damages aforesaid, to the va­lue of the Goods and Chattells which were of the said R, at the time of his death so sold eloyned, or converted to their own uses, and that he should have those monies here at this day, to wit, in Oct. S: Hil: to an­swer the said T: of the debt and Damages aforesaid. At which day here came the said T: in his proper person: And the Sherif now returneth that the said A: and M: have no Goods nor Chattells which were of the same R: S: at the time of his death in his hands to be administred, where­of the Debt and Damages aforesaid, or any parcell thereof could be made: And the same Sherif further returned here a certain Inquisition, taken at St. E: B: in his County, the sixteenth day of January, An: 41. Eliz: Reg: before the same Sherif by vertue of that Writ, by the oath of twelve honest and lawfull men of his County, who say upon their oath that the said A: and M: have sufficient of the Goods and Chattells which were of the said R: S: at the time of his death in their hands to be admi­nistred to satisfie the Debt and Damages aforesaid: And that the same A. and M. have sufficient of the goods and chattells which were of the sayd R. S. at the time of his death in their hands to be administred, to satisfie the debt and damages aforesaid,Devastavit found by Inqui­sition. and that the same A, and M. the same goods and chattells have sold, eloyned and converted to their own uses, and that the same A. and M. have no proper goods or chat­tells in his bayliwick, whereof hee could make the debt and damages, aforesaid or any parcell thereof, therefore it is commanded the Sheriff [Page 17] that he should take the same A and M if, &c. And safely, &c. so that he might have their bodies here, A die Pas. in fifteen dayes to satisfie the said T of the said Debt and Damages aforesaid, &c.

Pettifers case, Coke 5 fol. 32. Where such course is adjudged ill and erronious, such a president is in Mich. 2. Jac. rot 1756. Quaere, if this form be usuall or not, because the case aforesaid is adjudged to the con­trary.

H 7 Iac. rot. 904. Brownlow, London ss. It was commanded the Sheriffs,Entry of a writ of Testat. ca. sat. in the County Pala­tine after resort upon a Deva­stavit returned against the Executors up­on a Testat. fi. fac. de bonis testatoris. Entry of a fi. fac de bonis testatoris. Nulla bona testatoris re­turned. that of the goods and chattells which were of T L late of &c. other­wise called, &c. at the time of his death in the hands of F L late of, &c. Executor of the Testament of the same T being in your bailiwick, you cause to be made as well a certaine debt of one hundred seventy three pounds, eighteen shillings four pence, which Francis Nedham in the Court, &c. as forty shillings which &c. If the said Francis Looker hath so much goods and chattells, which were of the said T at the time of his death, in his hands to be administred, and if he have not, then the da­mages aforesaid to be levied of the proper goods and chattells of the said Francis Looker, and that they should have those monyes here at this day, to wit, in Oct. ab. S. Hillarii, to render to the said Francis Need­ham for his debt and damages aforesaid, whereof hee is convicted, and now here at this day came the said Francis Needham by Iohn Gulston his Attorney, and the Sheriffs now returned, that the said Francis Looker hath no goods nor chattells in their Bailiwick, which were of the said T at the time of his death, in his hands to be administred, whereof the debt and damages aforesaid, or any parcell thereof could be made or levied, nor any proper goods or chattells in their Bailiwick,Testat. fi. fac. awarded. whereof they could make or levy the damages aforesaid, or any parcell of them. And here­upon it is testified in the Court of the King here, that the said Francis Looker hath sufficient goods and chattells which were of the said T at the time of his death, in his hands to be administred, in the County of Middlesex, Middlesex. whereof they may make & levy the debt & damages aforesaid Therefore the Sheriff of Midd. is commanded, that of the goods and chat­tells which were of the said T at the time of his death, being in the hands of the said F. L. in his bailiwick, he cause to be made the debt & damages aforesaid, if the same F.L. hath so much goods & chattells which were of the said T at the time of his death in his hands to be administred, & if hee have not, then to levy the Damages aforesaid of the proper goods & chat­tells of the said Francis; and that he have those monies here in Octab. Pur. to render to the said F. N. for his debt and damages aforesaid, in form aforesaid,De vastavia returned. &c. At which day here came the said F. N. by his Attor­ney aforesaid, and the sheriff of Middlesex, to wit, S. H. and W. C. now returneth, that the goods and Chattells which were of the said T at time of his death to the value of the debt and damages aforesaid, after [Page 18] the death of the said T came to the hands of the said Francis to be admi­nistred, and that the said Francis L. all the same goods and chattells be­fore the coming of the said Writ wasted, and converted to his own pro­per use,Null bona propria ad le­vand, dampna whereby he could not make or levy the debt or damages afore­said or any parcell thereof. And further that the said Francis hath no proper goods or chattells in his Bailiwick, whereof he could make the damages aforesaid or any parcell thereof. whereupon the said Francis N prayeth a Writ of the said Lord the King to be directed to the sherifs of London, Resort to the County whence the originall writ first issued. Ca. sa. awar­ded. whence his originall Writ first issued, to take the said Francis Looker, if, &c. and it is granted to him, &c. Therefore the sheriffs of London are commanded that they take the said F L if &c, and safely &c. so that they might have his body here Quinque pas. to satisfie to the said Francis Nedham, of the debt and damages aforesaid, &c. At which day here came the said F. N. by his Attorney aforesaid, and the said Sheriffs of London did nothing therein,Continuance of the Capias ad satisfac. Al ca awarded nor sent the Writ thereof there­fore as before let another Writ thereof be made to the said Sheriffs of L. in forme aforesaid, returnable here Tres trin. &c. At which day here came the said F. N. by his Attorney aforesaid, and the Sheriffs of London now return, that the said F L is not found, &c. And hereupon it is testi­fied in the Court of the King here,Return thereof. that the said F.L. doth lye hid, and run from place to place in the County Palatine of Lancaster, Therefore it is commanded to the Chancellor of the Lord the King, of his County palatine of Lancaster, or to the Keeper of the place there, that by a writ of the said Lord the King under the seal of the County Palatine aforesaid to be duely made,Testat. ca. sa a­warded, Canc. Comm. Pal­lentini Lanc. he command to the Sheriff of the County-Palatine a­foresaid, that he take the same F L if, &c. and safely, &c. so that he have his body here before the Chancellor at a certain day, to him by the said Chancellor in the said Writ of the Lord the King to be prefixed, so that the said Chancellor may have his body here in Cr. A. to satisfie the said F. N of the debt and damages aforesaid, &c.

Cap. ad sat. sued by the Ex­ecutors, after the death of the conusee. Mortuus retur­ned, and an ex­tent of his [...] lands awardedP 19. Jac rot. 1945. Entry of a Capias ad satisfaciendum, upon a sta­tute Merchant, sued against the Conusor, after the death of the Co­nusee by his Executors.

T 22 Iac. rot 934. Brownlow, Entry of a Capias upon a statute Mer­chant for G. against W. the Sheriff returneth, that W. against whom the action was is dead, and an extent is prayed against his lands by the statute, and granted in the County Palatine of Lancaster.

[Page 19]T 13 Iaec. rot. 3486. Salop, Entry of a Ca­pias upon a sta­tute Merchant and upon Laici and non in­vent. returned, an extent a­warded. See the old book of Entries, fol. 594. title stat. Merchant. T. 20. Jac. rot 1759. Brown­low Dors. ss. NB. admini­stratrix of T C sues out execu­tion against R. C. upon a sta­tute merchant, The R [...]cogni­zance shewed. Return. Extents awar­ded. Brownlow ss. It was commanded the She­riff that he should take the bodyes of R. R. of &c. and R.D. of &c. if they be lay men, &c. and safely in the prison of the Lord the King now, &c. untill they had fully satisfied to F. S. of &c. of two hundred pounds which the same R. and R. the twenty eighth day of August. an­no 41. Eliz. before R.C. then Mayor of the City of Coventry, and B. C. Gent. Clark, deputed to take the Recognizances of debts, according to the forme of the Statute Merchant within the same City, acknowled­ged himself to owe to the sayd F. which they ought to have paid him at the Feast of Saint Michael the Arch angell then next following, and which they have not yet paid him, nor either of them hath yet paid, &c. And in as much, &c. he should make here at this day to wit, tres trin. And now here at this day cometh the said Francis by W. F. his At­torney, and bringeth here into the Court the Recognizance aforesaid, which the Defendant aforesaid in form aforesaid testifieth, and the She­riff now returneth that the said R is dead, and that the sayd R is a Lay man, and is not found, &c. and hereupon the said Francis prayeth seve­rall Writs of the said Lord the King by the statute, &c. one to wit to the Sheriff of Salop, another to the Sheriff of Stafford, another to the Sheriff of Warwick, and they are granted him, &c. and in as much, &c. Every of the said Sheriffs make appear here in Cr. an. the same day is gi­ven to the said F. here, &c.

H 4 and 5 P. and M. rot. 521.Day is given to bring the Re­cognizance in­to [...]ou [...]t. Nota. Nota. Day is given to bring the Recognizance upon a statute Merchant into the Court.

See Mich. 37 H. 6. fol. 6. pl. 11. per Cur. If the plaintiff shew not the Statute in the Common Bench, he shall not have an Extent, for without it the Court hath not sufficient direct on to make an Extent.

That the c [...]urse is upon the return of a Nichil, to make Livery to the Recognizee of such lands as the Conusor had at the time of making the Recognizance.

MIch. 12. Iac. rot. 2048. Brownlow, Continuance of the Extent where the writ is awar­ded in one County. At which day here cometh the Conusee by his Attorney aforesaid, and the said Sheriff hath done nothing therein, nor sent the Writ thereof, therefore as before let ano­ther Writ be thereof made to the same sheriff in form aforesaid returna­ble [...]ere in Octab. S. Michaelis, &c.

T. 5 Eliz. rot. 373. Monmouth ss. A Capias ad satisfaciend. awarded, after the She [...]iff had returned upon an Elegit, that the D [...]fendant had no goods no [...] lands. At which day here came the said W. by his Attorney aforesaid, and the Sheriff of the said County of Middlesex, now returneth that the said C hath no goods nor chattells in his Bailiwick, which he could deliver to the said W. and that the sayd C at the said 15. Novem. Pas. nor at any time afterwards had any lands [Page 20] or tenements in his Bayliwick, whereof he could deliver a moiety to the said W as by the said Writ to him it was commanded, and hereupon the said W prayeth a Writ of the sayd Lady the Queen of taking the said C to be directed to the Sheriffs of London, where the Originall Writ first issued, and it is granted to him &c. Therefore it is commanded to the Sheriffs of London that they take the said C if &c. and him safely keep, so that they might have his body here in Cr. S. Martini, to satisfie the said W of the debt and pamages aforesaid, and see the Roll 381. see 17 E 4 fol. 4 After the return of a Nichil upon an Elegit, after judgment in a Scire facias, the Defendant prayeth a Capias ad satisfaciendum and hath it, and with this case, Hobart and Winch agree, as at large appear­eth in Foster and Jacksons case, in Mich 12 Iac. but Warburton and Ni­cholls were of a contrary opinion, 34 H 6 f. 20 a. with this opinion, Lit­tleton agreeth.

Entry of a case in the proper County, and Non inventus returned, and a Testat. ca. sat. awarded into a forraigne County.M 19 Iac. rot. 510. Brownlow Norfolk ss The Sheriff was comman­ded that he should take H P late of London scrivener, if &c. and safe &c. so that he should have his body here a die S. M: in und. men­sem to satisfie I C of twenty seven pounds and foure shillings, which to the same John were adjudged for his Damages, which he sustained by occasion of not performing of certain premisses and assumptions to the same John by the said Henry at London, in the County aforesaid done, whereof he is convicted, and now here at this day cometh the said Iohn by E H his Attorney, and the Sheriff now returneth that he is not found &c. And hereupon it is testified in the same Court of the King here, on the behalfe of the said Iohn, London. that the said Henry doth lye hid, and run from place to place in London, Therefore the Sheriffs of London are com­manded that they take the same Henry if, &c. and safely &c. so that they may have his body here in Octab: S. Martini, to satisfie to the said Iohn of his damages aforesaid, in form aforesaid, &c.

Entry of a Capias ad sa­tisfaciend. M 2. and 3. Eliz Dyer fol 193. pl. 29. Cepi corpus returned.M 2 and 3 Eliz. rot. 1239 Lennard, Middlesex ss. It was commanded the sheriff that he should take Francis Kemp Gent. if, &c. & safe­ly, &c. so that he should have his body here at this day to wit in Cr: S. Martini, to satisfie Christopher Rich Gent: one of the Attorneyes, &c. according to the Liberties and priviledges, &c. of one hundred and four pounds which to the same C in the same Court here were adjudged for his damages, which he sustained by occasion of a cereaine trespasse to the same C by the same F with force and armes, and contrary to the peace of the said Lady the Queene now at C in the County aforesaid done, whereupon it is considered, &c. And now here at this day came the said C in his proper person, and the Sheriff, to wit, T R and C D now return, that he before the coming of the sayd Writ, took the body of the said F K by virtue of another Writ of the Lady the Queen of ca­piend. [Page 21] in a plea of trespasse against the same Francis, at the suit of the said Creturnable here Die Sabbati, next after Tres Michaelis last past, and after the coming of the said first Writ, and before the return of the same the same sheriff also took the body of the same Francis, by virtue of this writ, the body notwithstanding of the same Francis at the same day of Saturday, in the same former Writ specified before the Justices here at Westminster, caused to be brought, as the same first Writ in it selfe doth exact and require, whereupon the same now F present here in Court, is committed to the prison of the Lady the Queen of the Fleet, there to continue, &c. Afterwards to wit, the twentieth day of Novem­ber that same Terme came here into the Court the same Francis in his proper person by the Warden of the prison of the Fleet brought here to the barr, and delivered to the Justices here, a Writ of the Lady the Queen closed to them, directed in these words, Elizabeth, &c. A Writ of mainprise out of Chancery directed to the Justices to baile the Defen­dant being in Execution, and to prosecute an attaint upon that, whereup­on he is in exe­cution. To her faithfull and beloved Iames Dyer Knight and his associates, our Justices of the Bench greeting, Whereas F. K. hath arrayed before you by our Writ, a certain jury of twenty four Knights, to make a jury, by whom a certain Inquisition was late taken before you at Westminster, by our Writ between Christopher Rich Gent. one of the Attorneyes, &c. in the same Bench, the same Francis in a certain Trespasse to the same Chri­stopher by the same Francis done, as it is sayd, on the part of the same F. we have received, That he by pretence of the process in the said plea of Trespasse made, is taken and detained in our prison of the Fleet, inso­much as he cannot prosecute the sayd Jury. Whereupon hee supplicated us to exhibit to him a fit remedy, we willing that the same Francis may be so detained in our Prison, as that he may and ought to prosecute the Jury, we command you, that if the same Francis shall find to you suffi­cient maintainers, who shall undertake to have him before you to pro­secute against him, or that he should not prosecute that Attaint afore­said. and the Attaint determined, if it should passe against him, or that he should not prosecute that Attaint, that hee should render himselfe to our prison aforesaid, and to satisfie as well in that which to us, to the same Christopher in that which belongeth to him in the premisses. And further to do and receive what our Court shall consider of in this behalf, then you cause the same Francis to be delivered out of prison upon such baile to prosecute his Attaint aforesaid, witnesse our selfe at Westminster the ninth day of November, Anno 2. And hereupon here came R. G. Knight, and A K Esquire, in their proper persons, and undertook for the same Francis, that he here at the Term in the sayd Writ of Attaint contained, and so from day to day at every day of the plea therein, un­till judgment be given therein should appear, and that the same F K. should prosecute his Writ with effect, and if it shal happen judgment a­gainst him to be given, in this behalfe, that hee shall render himselfe to the prison of the Lady the Queen of the Fleet, there for the occasion a­foresayd [Page 22] to stay untill &c. to wit each of them under the penalty of 200 l. which each of them acknowledgeth to be levyed of their Lands and Chattles to the use of the said C. If it shall happen the sayd Fr.K. not to prosecute her writ aforesayd with effect or at any day of the Plea aforesaid therein to make default, or that judgment therein be given a­gainst him, shall not render himselfe to the Prison of the Fleet, in the same untill hee shall have satisfied the same C. for his damages afore­said, to abide &c. And in the meane time the said Fr. is dismissed from the custody aforesaid by bayle aforesaid. And also the sayd Ro. and Ant. undertook to wit each of them in 200 l. for the same Fr. that the same Fr. shall render himselfe to the Prison of the Lady the Queen of the Fleet and satisfie the said Lady the Queen of that which belongeth to her if the Attaint aforesaid shall passe against the said Francis, Dismissed upon baile. or that the same Francis shall not prosecute his writ aforesaid therein, And further that the same Francis shall do and receive what the Court of the said Lady the Queen shall consider in their behalfe which said 200 l. both of the Manucaptors aforesaid acknowledged to be levied of their Lands and Chattles aforesaid to the use of the said Ric. If it shall happen the said Fr. K. in any of the premisses to be don do make default to­wards the Lady the Queen. And in the meane time the same Fr. is dis­missed from the custody aforesaid by the bayle aforesaid, &c. After­wards to wit the 11. day of February then next following came here in to the Court the same Christopher in his proper person and acknowledg­eth that he is satisfied of the same 200 l. above to him acknowledged therefore the same Ro. O. and Ant. K. of the said 200 l. to the same C. in forme aforesaid acknowledged are quiet,Satisfaction. &c.

Commitment.

P 23, H. 7. rot. 284. James Hobert who followeth for the Lady the Queene came here in Court the 10.Speciall com­mitment for levying of a Fine in the name of ano­ther person which had first refused to a knowled day of May An. 13. Reg. nunc. and gave the court here to understand that whereas R. T. & others the 4. day of Ianuary An. Regni, R. nunc 13. out of the court of Chancery of the Lord the King here to wit at Westminster had prosecu­ted 4. severall Writs of the said King against Miles Harconet Esq. and Ann his wife to the Sheriffe of the county of Oxon. Leci, Sussex and Surr. severally directed, by which said writs so directed to the Sheriffs aforesaid the King commanded that justly, &c. they should hold to the said I. T. and R. covenants between them made of the Mannor of E, in the county of G. and of the Mannor of D. in the county of Leic. And of the Mannor of P, in the county of Sussex. and of the Mannor of D. in the county of Surr. whereupon the said Miles and Ann. the third day of February Ao. 13. abovesaid, before Io. Ʋavasor one of the Jus­tices [Page 23] of the Lord the King of the Bench, (the said I. U. then having power to receive the acknowledgment of such Fine between the said Miles and Ann and the same Ro. Io, and T. of the Mannors and Te­nements aforesayd with the appurtenancus at Shorditch in the county of Midd. the same Miles being examined, made his acknowledgment there and the same Ann to make any acknowledgment in the premisses, that any Fine from thence afterwards might be levied upon her acknowledg­ment, then and there altogether refused and denyed, And afterwards the said Miles and Iohn Mill of London Gent, indevouring the sayd Ann malitiously to hurt disinherit and defraud, falsely and fradulently stirred up and councelled a strange woman to assert and affirme that she was the wise of the said Miles, and shee under the name of the said Ann Wife of the said Miles acknowledged upon the Writs aforesaid that a Fine upon her acknowledgment, and the acknowledgment of the said M. as afore is sayd, taken and recorded, might be made and levied By pretext of which said counsell and exitation to the said Io. Mill & the sayd strange Woman under the name of Ann the wife of the sayd Miles, afterwards to wit the 8. day of February before the said Io. Ʋava. &c. at Bedlam in the Parish &c. at the instance and request of the sayd Miles and Io. Mill came in their owne persons, And then and there the said strange woman falsly deceitfully and maliciously, under the name of Ann wife of the said Miles acknowledged the Mannor and Te­nement aforesaid as in the concord with warranty of Miles and his heires against all men to the disinheritance of the sayd Ann and her heires in contempt of the Lord the King now and pernitious example of his Leige People; the said Iohn Ʋavasor then perceiving she the sayd woman not to be the wife of the said M: And prayeth that the say Miles Io, M. and the said strange woman may be punished to the ex­ample of others, And prayeth processe may be made against them to be directed to the Sheriff of Midd. to Attach them to answer the said Lord the King of and upon the Premisses, And of and upon such things, which on the behalfe of the sayd Lord the King shall be then and there objected against them and it is granted to her retornable here upon Wednesday next following, At which day here came the said Iohn Mill in his proper person, by vertue of the Writ aforesaid taken and brought to the bar, And thereupon the sayd Iohn Mill is committed to the Pri­son of the Lord the King of the Fleet by occasion of the premisses, there to stay untill &c.

M 9. H. 7. rot. 295. Attachment was awarded against Pecock to do and receive &c. A Commitment for sorging of writ & coun­terfeiting of the Seale. and at a day the said I. P. was by the Sheriff brought to the barr, &c. And the Kings Attorney informed against him for Forging of Writs and counterfeiting the Seale of the court, And Pecock confessed the Forging of Writs, but denyed the counterfeiting [Page 24] of the Seale, but sayd that the writs were sealed with the Seale of the Kings Bench by the Keeper of that Seale of Fraude &c. Ignorantly, And he is committed, &c.

Commitment for making of a faigned writ of Supersedeas, assevering that he was one of the Judges ser­vants whereas he was not. Commitment to the Fleet up on a Cepi cor­pus upon a Ca­pias velagat with a remit­titur into Lon­don to answer a plaint there, wherewith hee is charged, af­ter which the outlawry is discharged, and security gi­ven in Court to answer the Plaintiffs upon a writ thereup­on in debt. Commitment to the fleet, of one in executi­on upon a judg­ment in the Bench.M 8. H. 7 rot. 419. the court is informed of a fictitious writ of Super­sedias of Privilege, for one assevering himselfe to be one of the Judges servants where he was not so, And upon examination thereof he is committed to the Fleet, And a Fine put upon him to twenty shillings.

P 19. Eliz. rot. 2. ss. It was commanded the Sheriffs of London that they should not omit &c. but that they should take R. F. of &c. Utlawed in London such a day at the suite &c. And now here at this day came the same R. to the custody of the said Sheriffe brought here to the Barr, And the same Sheriffs to wit A & B now returne that they tooke the body &c. The said Sheriffs also returned that the sayd R. is detayned in their custody by vertue of a certaine plaint against him the 10 day of May last past levied in the court of the Lady the Qu. before the said A. one of the Sheriffs. &c. by the name &c. At the suit of I. A. and B. his wife in a Plea of Covenant broken, whereupon the said R. is committed to the Prison of the Fleet of the Lady the Queen by occasion of the utlawry aforesaid there to stay untill &c. And when as the said R. shall be pardoned or otherwise discharged from the Utlawry aforsayd, there let him be remitted into the City of London to find sufficient securety in Court here, to answer the said I. and B. in the Court here of the plaint aforesaid there levied upon a Writ thereof by them in the court here to be prosecuted, &c.

T 25. Eliz. rot. 21.62. ss. a Hab. corpus, to T. H. in prison &c. re­tornable &c. And hereupon came here into the Court one G, by B his Attorney & prayeth that the said T may be committed to Pri­son in execution aswell for a certaine debt of 100 s. which &c, As for 10 s. which &c. As it appeareth in Hill terme &c. Roll &c, whereup­on that Roll being seen by the Justices here, It is demanded of the same T. whether he be the same person which is convicted to the said G. in thed debt and damages aforesaid or not, who saith that he is &c. Therefore the said T. aswell for those debt and damages, as for those occasions in the Schedule aforesaid specified, is committed to the Prison of the Fleet safely to be kept to stay there untill, &c.

Commitment of one in exe­cution upon a Sci. fac. upon a Judgement.H 5. Ia, R, rot, 1757. Isham against Pill untill according to the forme of the recovery aforesaid if &c. And here now at this day came aswell the said E, by T, R, his Attorney, As the said T. Pill in his proper person under the custody of I. P. warden of the Prison for [Page 25] the prison of the Lord the King of the Fleet by vertue of a writ of the Lord the King of an Hab. Corp. to the said warden directed was brought here to the Barr & the Sher. now returneth that the said T, Pill bath nothing &c. nor is found &c. And hereupon the said Eusebius prayeth execu­tion against the said T. of his debr and damages aforesaid to him to be adjudged

And the said Tho. Pill saith nothing in Barr or hinderance of the execution of the said E. aforesaid whereby the sayd E, remayneth a­gainst the sayd Thomas therein without defence. Therefore it is conside­red that the said E. have execution against the said Thomas for the debt and damages aforesayd, &c. Afterwards to wit the sayd 12. day of Febru­ary that same Terme came here into the Court the same T. P. in his own proper person under the custody of the sayd warden of the said Prison of the Fleet by vertue of a Writ of the Lord the King of Hab. Corpus, to the same Warden directly brought there to the Bar, And at the petiti­on of the sayd Attorney of the sayd E. there he is committed to the pri­son of the Fleet in execution for the debt and damages aforesayd there to stay untill, &c.

M. 37. H. 6. Rot. 124. A Committitur entred of one committed to the Fleet for rasure of a Record in the Common Bench, being convicted by his owne confession, and afterwards was admitted to a fyne by pledg I. D. and afterwards set at liberty.

T 27. Eliz. Rot 12. London ss. Entry of a Hab. Corpus, at a day certaine and the causes certified, and he was committed by the judgment Roll without any proces sued of Execution, &c. And now here at the sayd Thursday the sayd Prisoner in his proper person, by the Sheriffs aforesayd brought here to the Bar, And hereupon came here in Court W. O. attorny of B, and sayth that he to wit in Easter Terme last past recovered here in Court against the sayd W. O. aswell a certine debt of 100 l. as 10 l. which &c. whereof he is convicted as it appeareth in Easter Terme Roll. And prayeth that the said W. be committed to the Prison of the Fleet for that occasion,Entry of a com­mitment of a Prothonotaries clerk and of a sheriffs clerk for rasing of a writ of execu­tion in the test & return & for arresting of the defendant with the same writ before it was new Sealed. T. 15 H. 9. rot 112 commit. of an attorny for alting a counter-plea of the vou­cher. H. 6. I rot. 1002. entry of a Commitment of one P. to the fleet for rasure of a fine and a fine imposed upon him by the Court. H. 16. Eliz. rot. 956. Gre­vills case examinaiion of fraud in the defen­datns attorney for suffering a judgment, the judgment is vacated and e­speciall entrey of a judgment. New books of entries to 344. title Hab. cor­pus 1. Hari­sons case Dyer folio 149. The party in execution sug­gesteth to the court that the case issued out of the court in Easter term [...] retornable tres Trin. and that he was not found, and that afterwards it was rased in the Test and re­torn, & not sea­led again & that he was ta­ken in executi­on upon that writ, which had no continuance upon the roll & prayeth to be discharged of the execution. and because to the Justices here it sufficiently appeareth upon Record that the allegation of the said W. C. is true, Therefore the said W. G. at the prayer of the sayd W. O. is committed to the Prison of the Fleet by occasion of the premisses there to stay untill, &c.

M 7. and 8. Eliz. Rot. 1848. It was commanded the Sheriff that he should take Thomas Thurland late of Savoy in the county of Midd. Clerk or otherwise called T. T. &c. if &c. and safely &c. so that he shauld have his body here To. Mich. to satisfy to W. Whitaker and Ralph Daye executors of the Testament of Jo. Ward of S. in the [Page 26] County of Hertford Yoman, otherwise called, &c. and R. D. of Pucke­ridg to be my executor aswell of a certaine debt of 60 l. which the said John in the Court of the Queen here recorded against him as of 27. l. 11 s. 4 d. which to the said Iohn in the same Court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is convicted, And whereupon it was considered in the same Court here that the same Executor should have execution against the sayd Tho­mas for those Debt and Damages, And whereupon the Sheriff of the County of Hertfort aforesaid retorned to our Justices here A die Pas. in 15. daies last past, that the said Thomas was not found in his Bayliffwick, whereas it was testified in the same Court here, that the said Thomas did lie hid, wander, and run from place to place in the said County of Midd. & now here at this day came the same W. W. & R.D. by Antony Stebbnig their attorney & the Sheriff of the said County of Midd. to wit I. R. and I. H. now retorneth the Writ aforesaid by L. D. and E.I. late Sheriffs of the County of Midd. indorsed in Form following to wit that the same late Sheriff by vertue of the said Writ to him directed, had took the body of the said T. T. whose body together with that Writ in his departure from his he delivered to the said I.R. & I.H. now Sheriff of the same County of Midd. And which said body of the said T. T. together with the Writ aforesaid, in Forme aforesaid indorsed, the same now Sheriff of Midd. before the Justices here at this day hath ready, As that writ in it selfe doth exact & require. And the said now Sheriff the body of the same T. T. by vertue of that Writ, by him to the Barr brought and had, prayed that the Justices here would receive that Writ from the said now Sheriff, amongst other Writs de trib. Septim. S. Mich. is to be Filed in the Bench, here by the Custos br. of the Lady the Queen of the same Bench, And that the said Sheriff by the Court here may be discharged from further Custody of the body of the said T. T. by vertue of the said writ, whereupon it was given to the Court here to understand by the same T. T. that that writ by the said now Sheriff brought and shewed in the Court here, is of no force in Law, And by the same Court there ought not to be received for a writ of the said Lady the Queen to be Filed amongst other writs, for that, that the said writ in Easter tearm last past issued forth of the Court here retornable before the Justices here, tres. Trinitat. last past, And then the said writ had the test of Easter term before which said tres Septim. S. Trinitatis, was not found within the Balywick of the said late Sheriff of the said county of Mid. And that long after the said tres. Sept. S. Trinit. elapsed, that writ was found rased in the test & in the return of the same, and then by couler of the said writ so opened and rased, and not sealed, and whereof then there was not any Record in the Court here remayning, whereupon the said writ so rased, had not any day of con­tinuance after the said tres Septim. S. Trinitatis, the said T. T. after the [Page 27] said tres Sept. by the said late Sheriff was taken & arrested, and prayeth that he may be dismissed out of the Custody of the said now Sheriff of the said County of Midd. whereupon the truth of the premisses being by the Justices here in Court inquired into, whereupon one I. S. Citizen and Gold-Smith of London and Sebastian T. late one of the Clerks of R. L. one of the Prothonotaries of the Court of the Lady the Queen here by command of the Justices here present here in court,Justices inquire of the premisses And the same I. F: his corporall oath being by him taken, was conferred with by the Court hereof and upon the premisses who being examined said, That the said executors in Easter Term last prosecuted out of the Court of the Bench here the said Writ against the said T. T. directed to the then Sheriff of the said County of Midd. and returnable here at the said tres Septim. S. Trinitatis, then next following, which said writ, with the seale of the said Lady the Queen deputed to seale the writ of the same Lady the Queen in the Bench here was sealed, And that the said execu­tors delivered that writ so sealed to the said I. F. desiring the same I. F. to act and prosecute in that behalf for them and in the names of them the said executors in that behalf to do what could be don by Law,Examinations of 3. or 4. in court & their depositions and confessions in fact recorded. And the same I. F. that writ so sealed and returnable at the said tres Trin. &c. in the term of the holy Trinity last past in the names of the said Execu­tors at London delivered to one W. Y. one of the Clerks of Humphry M: Gent: then deputy and under Sheriff of the said late Sheriff of the said county of Midd. to be executed in form of Law, And afterwards to wit one Moneth being elapsed, after the said tres Sept. S. Trinitatis last past the same I. F:See M. 8. Eliz Dier fol. 242. pl. 50. and fol. 244. Pl. 61. came to the said W. Y being then in one of the coun­ters in London, and requested him the said W. Y. in the names of the said execuors to make a certayne warrant upon that writ, to take and arrest the same T, T. for the debt and damages aforesaid, to whom the said W. Y. then said, that the day of returne of that writ was past, And that the same I. F. ought to have that writ amended in the test and in the re­torne of the same by some of the Clerks of the said R. L, whereupon the same I, F: came to the said Sebastian T. then one of the Clerks of the said R. L. being then in London, and requested the same S: to amend the said writ in the test and retorne of the same which said Sebas­tian rased the said writ in the test and retorne of the same, And put in the said writ le test 11. die Julii and retorne of the same writ A. die S. Mich. in tres Septim., And immediatly after the amendment of the said writ so made the same I: F: delivered to the said W. Y. that writ so rased and amended, but not new sealed, and the same I, F, being as­ked by the Court here, wherefore he caused not that writ to be new sea­led, said that he knew not whether that said writ ought to be new sea­led or not, And further, the said I. F. said, that by vertue of the said writ the same H. M. then being under-Sheriff of the said county of Midd. at the request of the said I. F. in the name of the said executors made, [Page 28] made a certaine warrant to take the same T. T. for the debt and dama­ges aforesaid, And that the said T. T. by vertue of that warrant was ta­ken in the said County of Midd. and afterwards brought to the dwel­ling house of L. D. scituate in London there one of the Sheriffs of the same County of Midd. And also the said Sebastian having taken his cor­porall oath, was likewise by the Court here conferred with and exami­ned whether he rased and altered les Testes and retorns of the said writ as aforesaid at the request of the said I. H or not, or whether he made any continuance of the same writ in any record or rolle of plea thereof in the same court here remaining, or not, said that he at the request of the said I. Clerk of the said R. L. his Master rased and altered the said writ in the les Test. and retorne of the same as is aforesaid, And that he made not any continuance thereof any record or Roll in the Court here here of remaining, whereof the roll of the entries of Pleas of Hillary term last past, in which term judgment to have execution for the debt and da­mages aforesaid was entred, being brought here into the Court it evi­dently appeareth, and the Court here by the inspection of the said Justi­ces in the roll of Pleas number 941., the said writ had day of continu­ance from the said tribus Septi. S. Trinitatis untill the said tres Sep­ti. S. Michi. then next following, And being by the court there as­ked who made that continuance, und when the same continuance was made, it is given to the Court here furrher to understand, that one H. S. one of the Clerks of the said R. L. had made it, which said I. S, present here in court after he had taken his oath, being conferred with and by the court here fully thereupon examined, said that he the first day of that Terme of S. Michael at the request of the said I, made the continu­ance, for that he is one of the Clerks of the said K. L. attending in the Office, and entred the Plea thereof in the same Roll 940. And the same W, Y. being likewise present here in court and having likewise taken his oath by the same court being examined of and upon the premisses said that he in the beginning of the Term of the holy Trinity last past recei­ved by the hands of the said I. H. the writ aforesaid then sealed, and long after the end of the terme of the holy Trinity, the same I, F, came to him desiring him the same W, to make a certaine warrant upon the same writ, to tak [...] the same T. T. to which said I. F, the said W, then said, that the day of the return of the said writ was then past, And fur­ther the said I. H. that he should cause any of the Clerks of the said K. L. to amend the test and the retorne of the said Writ, And that the same W. afterwards received from the said I. H. the writ aforesaid in Form aforesaid rased and amended, but not new sealed, And that the same T. T. by vertue of that writ, and by vertue of a certaine warrant upon the said writ as aforesaid made was taken and arrested, And fur­ther the said W. said that the next day, betimes in the morning, to wit about 4. a clock before noone of the same day, by the command [Page 29] of Humphry Moseley his Master, came to the house of W. Forrest, scitu­ate in Fleetstreet London, in whose custody the seale of the Lady the Queen deputed to seal Writs, in the Bench aforesaid, remained, and cau­sed the said Writ to be so sealed,Fee for the common Seale in the Bench se­ven pence. and paid for the sealing of the said Writ seven pence to the said W. F. And afterwards, to wit, the same day, the said W. Y. that writ so newly rased, and then newly sealed, delivered to the said H.M. his Master, which said H.M. being likewise present here in Court having taken his oath, and by the same Court here being exami­ned, of and upon the premisses, said, that he at the time of the taking and arresting of the said T.T. knew no otherwise, but that the writ so rased,Commitment of the offendors to the Fleet. was sealed of new, but as soon as the same H had understood that the same writ after the alteration of the same was not sealed of new, said to the said W.Y. his Clerk, that he should cause the same writ to be sealed, And there­upon the same W. Y. caused the same VVrit to be sealed, the same H further said, that hee having the writ aforesaid sealed of new, at W in the County of M that Writ to the same T. T. then and there being under the custody of the same H shewed, and read it,The plaintiffs examined in ihe Court, whe­ther they were consenting to the alteration or not. The Plaintiffs pray that the Defendant may ce committed in Execution by force of the Writ, or of the record of the Judgement in Court, if it may be by the Law af the Land. and the same T. by vertue of that writ to one P. delivered to be safely kept in the prison of the said Lady the Queen for the debt and damages aforesaid, and here­upon the same I F S T and W Y present here in Court by occasion of the premisses, are committed to the prison of the said Lady the Queen of the Fleet, there to abide untill, &c. Afterwards, to wit, the third day of November, then next following, the said then Sheriff of Middlesex came here to the bar, and brought the Writ aforesaid, together with the body of the same T T under the custody of the said Sheriff, being by vertue of the Writ aforesaid detained, and the same Sheriff prayeth that the Writ aforesaid here in Court may be filed, &c. and that he from the custody of the same T T may be discharged &c. whereupon the same Executors the same third day of November by the command of the Ju­stices being present here in Court, having taken their oath, were exami­ned by the said Court here, whether they were conscious or consenting to the rasure and alteration of the said Writ, and to the taking and arrest aforesaid, who sayd that not, and the same Executors being conferred with by the Court here, that they would have done against the said T T in this behalf, or require, who say, that if the said T T by vertue of the Writ aforesaid here shewed in Court, or by vertue of the judgment a­foresaid against the same T here remaining upon record, and to the Ju­stices here in Court shewed,The Justices will advise. ought to remain in execution for the debt and damages aforesaid by the Law of the Land, then the same Executors prayeth Execution against the same T T and that he may be committed to the prison of the Fleet, for the said debt and damages, and hereupon it is said to the said Executors by the Justices here, that the same Justices wil advise themselves at another day therein, for that not as yet, &c. And aftrwards, to wit, the fourteenth day of November then next fol­lowing, [Page 30] all which premisses aforesaid with their circumstances,The writ is received and fi­led, and the Defendant at the prayer of the plain iffs is committed in execution. The Delin­quents come to the Barr and pray to be dis­charged, and are discharged One makes a fine before he be discharged. Admitted to his fine at a hun­dred shillings by pledges. The Sheriffs are fined at ten l. The Prothono­tary of the Bench payes the fine by him re­ceived of the party for a mis­demeanour to the barons of the Exchequer, by the comman­dement of the Justices of the Bench. by the same Justices here being fully examined, seen and understood, upon great & dili­gent advisement and consultation by the Court here in that behalf before had the Writ aforesaid by the Court here is received and filed, and the same T T at the petition of the said Executors, for the debt and dama­ [...]es aforesaid, by the same Court here, is committed to the prison afore­said, there to remain untill, &c. And afterwards, to wit, the sixteenth day of November then next following, came the same I F. S T and W Y in their proper persons brought here to the barr, by the Keeper of the prison aforesaid, and pray that they may be delivered from the prison a­foresaid, &c. Whereupon the same S. F. and W. by the Court here, by occasion of the premisses, out of the prison aforesaid are discharged, and set at liberty, and it is said to the Court here, that the same I F that he should make a Fine with the said Lady the Queen by occasion of the pre­misses, before he should be delivered out of the prison aforesaid, and hereupon the same I prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the premisses, and is admitted at a hundred shillings by pledge, therefore the same I go therein quiet, &c. And that he should be delivered and discharged from prison, to go at large, &c. And afterwards, to wit, the same sixteenth day of No­vember, came here into Court the said W. and E. I. late Sheriff of the County of Middlesex in their proper persons, and pray themselves to be admitted to make a fine, with the said Lady the Queen by occasion of the premisses, and are admitted for ten pounds paid into the Court here by the hands of the said H. M. late under-sheriff of the said late Sheriff, to the said R. L. to the use of the said Lady the Queen, which said ten pounds the same R. L. the eight and twentieth day of November, then next following, by the command of the Justices aforesaid, before the Barons of the said Lady the Queen of her Exchequer, in full Court there brought, and by the command of the same Barons, paid it to one I. H. to the use of the said Lady the Queen, therefore as well the said I. D. as the same E. I. and the said Humphry M. as the said Richard Love, of the said ten pounds are quiet, &c.

Entry of a Ha­beas corpus, and commit­ment of a priso­ner to the Fleet, in execution in the Terme time at the cheif Iustice his chamber the writ bore teste, 4 July 1 [...]. Jac. And note that the Term ended 5 July 18 Jac. and the party was committed to the Fleet in the Term from the Judges Chamber in Serjeants Inn in the afternoon and the Iudge delivered the Commitment to be inrolled the next day, being the last day of the term.T 18 Jac rot 3060 Brownlow, London ss. It was commanded the Sheriffs of London, that they should have the body of Leonard Bawtry Serje­ant at Law, by whatsoever name reputed, in the prison of the Lord the King, under the custody of the same Sheriffs, together with the day and cause of his taking and detaining, before H H Knight and Baronet, cheif Justice of the said Lord the King of the Common Bench, at his chamber [Page 31] scituate in Serjeants Inn in F street, L,T. 17. Jac. rot 3094. 3279. 3270. 2871. 2000. 2170: T 24, Eliz. rot. 2142. the like. immediatly after the receiving of this Writ, that the same Cheif Justice seeing the cause aforesaid may do in that behalfe what of right according to the Law and Custome of the Realm of the Lord the King of England, and the liberties and privied­ges thereof ought to be done, and that they should have then there that Writ, afterwards, to wit, the fifth day of July, Anno Reg. &c. 18. im­mediatly after the receiving of the said Writ, before the same cheif Ju­stice, at his chamber aforesaid, came the same Leonard in his proper per­son under the custody of R. D. and I. C. Sheriffs of the City aforesaid, and the same Sheriffs to the said cheife Justice then and there returned, that the execution of the said Writ, did appear in a certain Schedule an­nexed to the said Writ, the Tenor of which said Schedule followeth in these words, London ss. We R.D. and I. C: Sheriffs of the City of London do certifie to H. H. Knight and Baronet, Cheif Justce, &c. that before the comming of the said Writ annexed to the Schedule, to wit,Return of the causes by the Sheriffs. the fourth day of July, Anno, &c. 18. Leornard B. Serjeant at Law, in the same writ named, was taken in the City aforesaid and kept in the prison of the said Lord the King under the custody of us the said Sheriffs, by virtue of a Writ of the said Lord the King directed, the Tenor whereof followeth in these words, James, &c. To the Sheriffs of London greeting, Attach Leo­nard B. one of the Serjeants at Law, otherwise called L. B. of Boston, in the County of Lincolne Serjeant at Law, otherwise called L. B. De Bo­ston, in Com. Lincoln. ob. ad legem, so that you may have him be­fore our Iustices at Westminster, on wednesday next after Tres septim. S. Trin. to satisfie Richard W. Gent. as well of a certain debt of eight hundred pounds, which the same R in our Court, &c. as of forty shil­lings, which to the same R. in the same Court were adjudged, &c. whereof he is convicted,Commitment, and this was outo sCourr. and whereupon it was considered in our said Court, that the said R. have Execution against the said L. for the debt and damages aforesaid, for default of the said L. and have you there their writ, teste H H at Westminster, 16. Junii, Anno 18. and Scot. 53. Maier Waller. And this is the cause of taking and detaining of the said L. B. in the prison aforesaid, whose body they have ready according to the Tenor and Exigency of the writ aforesaid; to this schedule annexed, which be­ing seen, read, and by the same cheif Iustice understood, the same L was committed to the custody of Allexander Harris Esquire, VVarden of of the prison of the said Lord the King of the Fleet being then present in his proper person, for the occasions aforesaid, there to remain until, &c. which said Leonard the said VVarden then received into his custody into the prison aforesaid, for the occasions aforesaid to remain untill, &c. Which said commitment of the same Leonard unto prison, the same Cheif Iustice the said fifth day of July that same Terme, delivered here into Court with his owne proper hands to be enrolled upon Record, &c.

[Page 32] Entry of a Commitment to the Fleet brought by the Sheriffs of London in their custody in vacation time.P 1 Car. Regis, rot. 5010 London ss. It was commanded the Sheriffs, that the body of I. M. &c. before Henry Hobart Knight and Baronet Cheif Iustice, &c. at his Chamber, &c. immediate, &c. As in the Writ next before, which writ bore Teste 10. Aprilis apud Camer. praedictam Anno Kegni, Car. Reg. primi, propter mortem Regis Jacobi super 27 di­em Martii 20 precedend, Afterwards to wit, [...] day of Aprill Anno Rigis nunc primo, before the same cheif Justice at his Chamber aforesaid, came the same John in his proper person, under the custody of the said Sheriffs, and the same Sheriffs, reciting the Return, whereupon the same I by the said cheif Justice, then and there was committed to the prison of the Fleet, &c. to remain, untill, &c. which said commitment, &c. as in the next before, afterwards to wit, the fourth day of May, that same Terme, &c. which was the first day of the same Terme following, &c.

Entry of a com­mitment of a prisoner to the Fleet in Terme time brought to the Bar by Ha­beas corpus.P 1. Car Regis, rot, 700. Brownlow, London ss. It was commanded the Sheriffs that they should have before the Justices of the said Lord the King now here, to wit, at Westminster on Satturday prox post Cr. Assen. Domini, the body of W. R. &c. And now here at this day came the sayd W. in his proper person, under the custody of the same Sheriffs, and the Sheriffs, to wit, &c. shewing the Return, whereupon the same W. R. by the Court of the King here, is committed to the prison of the Lord the King of the Fleet for the occasions aforesaid, there to remaine untill, &c.

One who forged a Cirographe of a fire supposed to be levied in the Common Bench where no such was levi­ed, was brooght to the barr by a Habeas corpus and upon his own confession, and examined, was taken in the County by speciall com­missions and read in Court, be was committed to the Fleet, & fined at C I.H 6. Jac. rot. 1002. Hereford ss. It was commanded the sheriff that he should have here at this day to wit, on Friday next after the mor­row of the Purification of the blessed Mary, the body of Philip Philpot of Rosse, in the County aforresaid, Gent. in the prison of the Lord the King under the custody of the same Sheriff detained, to answer the Lord the King now, upon those things, which to him on the behalfe of the said Lord the King should be objected, and to do and receive what the Court of the Lord the King here shall consider of him in this behalfe, And now here at this day came the same John in his proper person by the sheriff of the County aforesaid, to the barr here brought, and the same Sheriff, to wit, John Kirle Esquire, then here returned, that hee by vertue of the Writ aforesaid to him directed, the body of the said Iohn hath ready here at this day as by the same Writ it was commanded him, &c. whereupon one Iohn Brewster, one of the Clarkes of [...] Chirogapher, of the Court of the Common Bench here on the behalf of the said Lord the King now, giveth the Court here to understand and to be informed, that the same John after the last generall pardon of the Lord the King now in the Parliament held at Westminster [Page 33] aforesaid, the fifth day of November in the third year of his Reign false­ly and corruptly procured one Adam Launder to write in parchment in­dented, to the like form of the Cirographer of fines in the Court here levied, the Cirographie of the same Fine, betweene Tho Holland and Thomas Woodward Plaintiffs, and one Edw. Woodward Deforceant of Te­nements in the County of Worcester, whereas in truth there was never any such Fine between the parties aforesaid of the Tenements aforesaid levied, nor any Cirographie of any such fine, by the Cirographer of this Court made, and the same Cirographie so written, for a true and just Ci­rographe of a fine levied of the Tenements aforesaid, between the parties aforesaid published, and delivered to the same Thomas Holland, recei­ving of the same Thomas Holland therein fifty shillings, falsely and in de­ceit of the Court aforesaid, and in contempt of the Lord the King now, &c. as if it had been duely made by the Chirographer of the same Court here, and because as well by the examination of the said John Powell, & of the same Adam Launder, before Robert Pye of Hereford, and Tho­mas Connisby Knight, and in Court here openly read, as by the proper acknowledgment of the same John Philpot here in Court made who hath confessed his falsity and deceipt aforesaid; it evidently appeareth upon the same information of the said John Brewster, on the behalfe of the Lord the King, against the said Iohn Philpot in forme aforesaid made to be true, therefore the same Iohn P. for his falsity and deceipt aforesaid, by the Court here is committed to the prison of the Lord the King of the Fleet, there to remain untill the Court here shall consider of his corpo­rall punishment, &c.

And further the same Justices here do assess for a fine upon the said I Philpot, for his falsity, deceipt, and contempt aforesaid in this behalfe done and committed, to be forfeited to the Lord the King now to a 100 l. &c.

M. 28. Hen. 6. Rotulo 315. Wydestade, Be it remembred,An Attorney committed to the Fleet, and fined at 13 s. 4 d. for that he prosecu­ted a Capias in Trespasse, & no originall was filed to warrant the same writ of Capias. P. 20. H. 6. rot, 325. tiel. T. 20 H. 6. fol. 37. pl. 6. T. 27. H. 6. fol. 378. M. 5. and 6. P. and M. rot. 993. that the sixth day of Novembar that same Terme, it is given to the Court here to understand, that one Iohn Wellis, one of the Attorneyes of the Court of Common Bench here; falsely and deceitfully a certaine Writ of the King, supposing that Writ from the Roll of Iohn Wellis one of the Prothonotaries of the Bench here of that same Terme, Ro­tulo 110. to have issued, whereas it did not so issue, The Tenor of which said Writ followeth in these words, Henry, &c. reciting the Capi­as, wherefore he brake the Close, &c. Teste I. P. at Westminster, the fourteenth of October Anno 28. Rotulo Carolus 20. Whereupon the files of Writs being searched, of the said County of Hereford, of that [Page 34] same Terme here in Court filed, no Orginall Writ nor Roll received here in Court, which ought to warrant the said Writ, whereupon the same Iohn Wellis being solemnly called, as the custome is to call the At­torneyes, in his proper person appeared, and upon his oath, by the Court here examined, expressely acknowledged, that he wrote the sayd Writ, to take Henry Collet and sealed it with the Kings Seale of the Bench here, no Originall Writ whereupon the same Writ ought to be warranted, returnable in Court here, nor in the Roll aforesaid, nor in any other Roll in that same Terme is enrolled, for which the same John VVellis present here in Court for his Fasehood and Deceipt, is committed to the prison of the Lord the King of the Fleet, there to re­main untill, &c.

Afterwards, to wit, the day of N that same Term the same I.W. came again here into Court, under the custody of the Warden of the prison a­foresaid brought here to the Bar, and prayeth to be admitted to make a fine with the King here by occasion of the premisses, and he is admitted for thirteen shillings four pence, which the same I payed here in Court, which are assigned and payd to the Sheriff of Middlesex for divers Re­parations, &c.

T 35 H. 6. Rotulo. 494. Last Roll, Be it remembred, That for as much as great Troubles, Subtilties, Falsehoods, and Deceipts have been caused and done before this time in the Kings Court of Common Place, as well for lack of attendance of the Officers of the same place, as by commers and sitters within the same which be not sworne, nor have to do within, there be certaine orders made at the Utasse of Saint Iohn the Baptist, the year of the Raigne of King Henry the sixth, after the Conquest 35. by Iohn Prisot cheif Justice of the said place, by the advise of all the Judges, of the same in Forme following,

FIrst, That every Prenotary, Filoser, Exigenter, Kings Clarke, and every other Officer of the same place, such as they and their predecessors have used to occupy their Offices in their proper persons, and they or their Deputies sworne that have used to occupy their Offi­ces by their Deputies, from henceforth attend upon their said Offices, in their places accustomed for the same, and occupy them in their proper persons, upon payne of Forfeiture and Leesing of their Offices, Alway foreseen, that if any of the sayd Officers or Deputies, for sicknesse or o­ther cause, reasonably be licenced or had excused, by the Cheife Justice of the same place for the time being, that he be not prejudiced by this Ordinance.

[Page 35] ITem, That none of the said Officers, nor Deputyes take upon them to license or to set any Clerk or other in any of their places, or by them to occupy in their said Offices or for any other cause without Li­cense of the Cheif Justice for the time being, saving such as have been accustomed to have their Clarks sitting by them, that is, to wit, every of the Prothonotaries two Clarkes, for the Clarke of the Stretes two Clerkes, for the Keeper of the Writs or his Deputy one Clark, upon paine of Imprisonment and making fine to the King, therefore neither that no man take upon him to sit within the said Common place that is none Officer, nor hath no place within, without leave of the said cheife Justice or Justices upon the same paine.

ITem, That no Attorney, nor no other, make any manner of Writ or Processe in any Officers name of the same place, saving only every Of­ficer in his own name, nor intermeddle with any other ones office, nor of any other thing that pertaineth thereto, without leave of the cheife Iustice of the said place for the time being, or of the same Officer in whose name he writeth, and that he the said Officer will allow and af­firme the same upon paine of Imprisonment, and making Fine to the King as aforesaid.

P 4 Car. rot. 1236. Brownlow ss. Be it remembred,Commitment of an Attorney t rown over the bar for di­verse falsities. that the tenth day of May that same Terme, for that it manifestly appeared to the Court here upon the examination of diverse faithfull persons, and upon other matters here in Court brought, that William Juby one of the At­torneyes of this Court, had unduely prosecuted divers Writs of Capias without any Originall writs out of the Chancery obtained, to maintain the issuing out of such Writs of Capias in deceipt of the Lord the King now, and of this Court, and that the same William Juby had impleaded diverse Subjects of the Lord the King without any just causes, but only for vexation, and some of them through the multiplicity of Arrests are compelled to agree with the same William Juby, to redeem their vexati­ons. And that the same William Juby, diverse Falsehoods, Deceits and Misdemeanours, committed and perpetrated to the hurt and vexation of divers subjects of the Lord the King dwelling in the Counties of Norff. & Suff. against the oath by the same William taken, when the same William was admitted to the office of an Atrorny in this Court, There­fore it is considered by the Court here that the same William Juby be altogether forejudged from the office of an Attorney in the court here, & that in the Office of an attorney from henceforth he should not inter­meddle but his priviledge therein should altogether loose, and that his name out of the Roll of Attornies of this Court be blotted out, And the same William by the cryers of the court was put out of the Court [Page 36] here beyond the Bar and committed to the prison of the Lord the King of the Fleet there to remaine untill the Court here should othewise con­sider, &c.

Debt.

Entry of a Writ, Ad le­vand. debin. de bonis ino­bil. Cli. upon statute Merchant, and upon return nulla bona mobilia And that he is bene­ficed at D. and awarding of an Extent, &c. See the Register of Writs, fol. 148. An action 147. C. B. F. N B. fol. 131. A. M. 39. H. 6. rot. 134. fi. fa. de bonis ec­cliastices.H 45. Eliz. Rot. Rot. 1211. Brownlow, C. Ebor. ss. The Sheriffs were commanded that 400 l. of the movable goods and Chattles of Richard. Baitson of B. in the county of York Clerk in the Bailywick, without delay they levy and cause to be had to Eliz. M. of the City of York merchant which the same Richard the 9th July A^o. R. nunc 44. before T. M. Mayor of the City of York and Thomas Royston then clerk deputed to take Recognizance of debts ac­cording to the form of the statute merchant within the same city, ac­knowledged himselfe to owe to the same E. which he ought to have paid to him at the Feast of St. Michael then next coming and the same to him hath not yet paid, &c. And in as much, &c. They should make known here at this day to wit in October Pur. S. Mariae, &c. And now here at the day came the same Eliz. by James Bry [...] his attor­ny here into the court the Recognizance aforesaid, which the debt afore­said, in Form aforesaid testifieth, And the Sheriff now retorneth, that the same Richard hath no movable goods or chattles in their Bailywick wherof they could levy the debt aforesaid or any parcel thereof, And that the same Rich. is a clerk and benificed within the Dioces of York, to wit at B. aforesaid, And that he hath no lay Fee within their Bailywick, and hereupon the same Eliz. praveth a writ of the Lady the Queen by the statute &c. to the Reverent Father in Christ to Mathew Arch-Bishop of York Primate and Metropolitan of England to be direc­ted, and it is granted to him, &c. And in asmuch, &c. the same Archb. should make knowne here, 15. Trin. the same day is given to the same Eliz. here, &c.

Distringas.

Distress against the Lord of a mannor in anei­ent demesnes to hold his court &c. Mich. 1. Mariae. Rot. 123. entry of a writ of distresse against the Lord of a Mannor of ancient demesnes, to hold his court, so that the Sheriff recordari fac. Loq. in a writ of false iudgment, upon a writ, de recto clause.

[Page 37]T 3. Ca. Rot. 1887. Pytt Philizer London. ss.Entrey of a dis­tringas against the Sheriff for returning of Pettit issues & the plaintiff prayeth a Test. Distringas to a forreigne county that the defendant may be distrained by greater issues. omnia issues 10 l. It was commanded the Sheriffs, as more times the King had commanded the same Sheriffs that they should destrain the Mayor Cominalty & citizens of the city of London otherwise called M, C. and C. of the city of London by all their lands, &c. and that of the issues &c. And that they should have their bodys here at this day to witt in Cr. Trin. to answer D. B. wi­dow R. B. Esquire and T. B. gent. executors of the testament of Tho. Bennet otherwise called T. B. the younger citizen and Alderman of London of a plea that they render unto to them 1500 l. which from them they uniustly detaine, &c. And now here at this day come the same D.R. and T. Bennet by Richard Williams their attorney and offered themselves the 4. day against the said Mayor and Cominalty & citizens of the city of London in the plea aforesaid, and they came not, & the sheriffs to wit R. F. and E. Brumfeyld now retorn that the same M. and C. and citi­zens of London are distrained by their chattles to the value of 40 l. and bayled by I. G. and R. R. Therefore they in mercy, and because it is testified in the same court of the Lord the King here on the behalfe of the same executors that the said Mayor and C. and. citizens of London have divers lands and chattles in the county of Surrey, Testat. distrin­gas awarded to the Sheriff of Surry. whereof they may be distrained for better issues of their lands and chattles so that the Lord the King now may be answered of better issues of the lands & chat­tles of the same Mayor & Cominalty and citizens of the city of London, if the same Mayor and C. C. of the city of London in the same court here will not soone appeare to answer the same D. R. and T. Bennet in the plea aforesaid, Therefore it is commanded to the sheriff of Surrey that he destrain the same Mayor and Cominality & citizens of the city of London by all their lands, &c. And that for the issues,See the old Book of entries fol. 226. title distresses pl. 4. accord. Surry &c. so that he may have their bodies here tres Mich. to answer the said Dorothey Rich. and Tho. Bennet in the plea aforesaid, &c. And it is to be knowne that a writ thereof the Justices here have delivered to Theophi. Tipton undersheriff of Surrey present in Court here that same Tearm to execute in Forme of Law, &c.

Elegit.

M 19. Ja, Rot. 1949.Entrey of a writ of Elegit in the same term wherein it was returned & not upon the indictment Roll, nor upon the Roll of the writ of Scire facias the custom it, But note that the writ of Elegit is demanded and adjudged to the enter upon Roll of the entrey of the Scire fac. The like form of entrey of Elegit, P 10. H. 4. Rot. 140. It was commanded to the sheriff of Derb. whereas lately in the court of the Lord the King now here to wit at Westminster it had been considered that P. Moyl [Page 38] should have execution against Robert Turner Gent. one of the attornies of the Court of the common Bench of the Lord the King here aswell of a certaine debt of 40 l. which the same Prudence in the court of the Lord the King here had recovered against him as of, &c. which to the same P. in the same court of the King here were adjudged for her damages which she had by occasion of the detayning of that debt whereof he is convic­ted. The same Prudence afterwards came into the same court of the Lord the King here, and by the statute therein provided, chose to be delive­red to her all the goods and Chattles of the same Rob. besids his Oxen and necessaries of his Plough,H. 12 Eliz. rot: 1470. s. Fylmer T. against L. en­try of a Writ of Partition by prec. fuit vic. P. 12 Eliz: Rot: 1016. the like upon an extent. T. 20. Jac. Rot: 2080. B. against M. H. 19 Jac. Rot: 3192. S. g. J.T. 1. Ca [...]: Re­gis rot: 569. M. against C. and likewise the moyety of all his lands and Tenements in your Bayliwick to hold to her the goods and chattles aforesaid, as her proper goods and chattles, And also to hold the moyety of the lands and Tenements aforesaid as her free Tene­ments to her and her assignes according to the forme of the statute a­foresaid, untill he had levyed the debt and damages aforesaid thereof of all which goods and chattles, besids the Oxen and necessaries of his Plough, And likewise the moyety of all the lands and Tenements of the said Rob. in your bayliwick whereof the same Rob. the 6. day of November An. &c. 17. which day iudgment there in was given, or at any time afterwards was seised, without delay he should deliver by a re­sonable price and extent, to hold to her the goods and chattles afore­said as her proper goods and chattles, and also to hold the moyety a­foresaid as her freehold to her and her assignes according to the Forme of the statute aforesaid, untill the debt and damages aforesaid were le­vied thereof. And in asmuch as he had executed that command he should make appeare,The Sheriff re­turneth that the Defendant such a day was pos­sessed of divers goods to the va­lue of 6 l. which he delivered to the Plaintiff at the same value, in part of satis­faction of the debt and da­mages. Note that in an Elegit the goods ought to be appraised by the Jurors, and to be returned by the Inquisition, with the Lands, &c. 1 Mar: Dyer f. 100. Pl. 71. accord. And further the Sheriff returneth an Inquisition wherein it was found that the Defendant at the day of taking of such Inquisition was seised of divers lands in fee to the value of 22 l. by the year, besides re­prises, the moyety whereof he delivered to the Plaintiff, to hold according to the Statute untill he had levi­ed the residue of the said debt and damages. there to wit at Westminster aforesaid upon the Thursday next after the morrow of St. Martin, And that he should have then here that writ, &c. And now here at this day to wit the same Thursday next after the same morrow of S. Martin, came the same Prudence by T. T. her attorny, and the sheriff of the same county of Derb. to wit Iohn Milward Esq. now here retorneth a certaine Inqui­sition before him at Chesterfeild in the said county of Derb. the 6. day of Octob. last by the oath of 12. &c. taken whereby it is found that the same Ro. Turner was possessed of 2. Cowes & one Mare price 6l. as of his proper cattle & chattles, & the same day of the taking of that Inquisition, was seised in his demesne as of Fee of and in one Messuage or tenement with the appurtenances in H. in the county aforesaid wherein the same Rob. then lived. And of and in one close of arrable land there whereupon the messuage aforesaid standeth, one other close called G. S. one other [Page 39] close called M. S. &c. as in the inquisition.Value of the land found be­sides the repri­ses. All and singular which messuages are worth by the yeare in all issues besides reprises 22. And and that of the same Sheriff the same day of taking the inquisition afore­said, delivered to the said Prudence the cattell aforesaid at the price a­foresaid to hold to the same P, as her proper cattel and chattles, in part of satisfaction of the debt and damages aforesaid, and that the said 5. closes late purchased of A.F. the said cloase caled W. Carrmeadow, with the grove in the same, and the said close called Wellflat, The Sheriff draws the moy­ety out of the Tenements. are the true & equall moyety of all and singular the lands and Tenements aforesaid which said moyety the aforesaid sheriff of the said county of Derby the same day of the taking of the Inquisition aforesaid made to be de­livered to the said Prudence Moyle to hold the same P. as her Free Te­nement to her and her assignes according to the Forme of the statute aforesaid,Delivery of the moyety. untill the residue of the debt & damages aforesaid were levied thereof, and further by the Inquisition aforesaid it is found that the said R. Turner neither the day of the judgment aforsaid given to wit 6. Nov. An. 17. abovesaid nor at any time afterwards, untill then, nor at the day of taking the inquisition aforesaid had any other, or more lands or Te­nements nor any other goods or chattles in his bayliwick to the know­ledg of the Jury of that Inquisition which hee could extend or appaise or deliver to the said P. Moyle, The Defendant hath no more lands or goods. as by the same writ it was commanded him &c.

M 20. Iac. Rot 3371,Entry of a Writ of Elegit a­gainst a Clerk, whereupon the Sheriff returned that he is a Clerk and be­neficed at Hab, non hab. lai­cum foeod. And a Writ a­warded to ex­tend the goods and lands ec­clesiasticall. T. 21. H. 6. rot. 326. Sequest. spec. is entred upon the Di­string. Ex. ad hab. Clra. &c. & spec. intr. upon the seque­stration for issue Brownlow Suff. ss. The sheriff was com­manded whereas Antony Hobard Esq. lately in the court of the Lord the King now to wit at Westminster by the consideration of the same Court, had recorded against Thomas Barker late of Holton in the county aforesaid Clerk aswell a certaine debt of 80 l. as 48 s. which to the same Antony in the Court of the king here were adjudged for his damages which he had by occasion of the detayning of the said debt whereof he is convicted, the same Antony afterwards came here into the Court of the Lord the King here, and by the statute therein provided chose to be delivered to him all the goods and chattles, &c. As in the writ before untill, and in as much as he shall have executed our command a­foresaid he should make appeare here at this day to wit 15. Trinit. & that he should then have here that writ, &c. and nowhere at this day came the same Antony by E. H. his attorny and the sheriffe to wit W. Whittle Esq. now retorneth that the same Thomas Barker is a Clerk and be­neficed at H. in the county aforesaid in the dioces of M. having no lay Fee in his bayliwick, Therefore it is commanded to the Reverend Father in Christ Samuell by divine permission Bishop of Norwich that all and sin­gular the goods and chattles Eclesiasticall lands and tenements of the same Thomas in the dioces of the same Bishop he should deliver to the said Antony by a reasonable price and extent to hold the goods and chat­tells [Page 40] aforesaid,Note that in T. 13 Ia. upon the motion of Ri­chardson Ser­jeant the Court then agreed that he should not have an Elegit to the Bpp. but a Fi­re Facias de bonis, ecclesiasticis and thereupon a fiieri fac. de bonis ecclesias­ticis was made in that case. as his proper goods and chattells, and also the Lands and Tenements aforesaid as his Free tenement to him and his assignes accor­ding to the Form of the statute aforesaid, untill he shall have levyed the debt and damages aforesaid. And in as much as that command shall be executed, he shall make appeare here in Cr. Anim. by the letters of the same Bishop sealed, &c.

T 18. Iac. Rot. 3057. Brownlow Essex. ss. Whereas Iohn Hill lately in our court before our Justices at Westminster by the considera­tion of the same court had recovered against Mary Wroth late of London widdow otherwise called M. W. &c, aswell a certaine debt of 400 l. as 80 s. which &c. whereof she is convicted, the said Iohn afterwards came into our said court and by the statute &c. chose to be delivered to him all the goods and chattles of the said Mary besides Oxon and cattle of her plough, and likewise the moyety of all her lands and tenements of which the same Mary in Crastino S. Trin. last past upon which day the judgment aforesaid was given against her or at any time afterwards was seised without delay,Entry of an Elegit after an elegit. he should cause to be delivered to the same Iohn by reasonble price and extent to hold to him the goods and chattles aforesaid, as his proper goods and chatties and also to hold to him the moyety aforesaid as his free tenement to him and his assignes according to the form of the statute aforesaid untill the debt & damages should be levied thereof and in asmuch &c. he should make ap­peare to our Justices here at Westminster in Cr. Pur. S. Mariae last past. And you at that day returned to our Justices at Westminster a certaine Inquisition taken before you at S. L. in your county the 12. day of Dec. last past by the oath of 12. &c. taken, by which it is found that the same Mary at the said Cr, S. Trinitat, and after that day was sei­sed in her demesnes of Fee tenant for terme of life of and in the Mannor and cheife mesuage of L. al. L. with all their right members and ap­purtenances, &c. And further that the same Mary at the said day of the judgment aforesaid given or at any time afterwards had any other goods or chattells or any other or more Mannors lands tenements in your County which to the knowledg of the Jurors of the Inquisition a­foresaid could be extended or appraised, & you further retorned to our Justices at the same day, that none came to you on the behalf of the said Iohn to pray deliverance to be made to him of the moyety of the mannor and Tenements aforesaid by the inquisition aforesaid found, so that to further execution of the said writ you could not proceed, whereupon the same Iohn came into our said Court saying that the same Mary a the time of the judgment aforesaid given, and afterwards had divers lands and Tenements in your County to the value of 40 l, besides the Mannor and Tenements in the inquisition aforesaid specified, and also was possessed of divers goods and chattles to the value of 100 l. which [Page 41] you could have extended and apprised and delivered to the same Iohn And therefore wee command you, as more times we have commanded you that all the goods and Chattles of the same Mary besides Oxon, &c. And likewise the moyety, &c. besids the same mannor and Tenements in the Inquisition aforesaid specified of which the same Ma. at the time of the judgment aforesaid given or at any time afterwards was seised & possessed of, and also the moyety of the Mannors and Tenements in the inquisiton aforesaid specified, you cause to be delivered to the said Iohn by reasonable price and extent to hold as his Free tenement to him and his assignes according to the form of the statute, &c. untill the debt and damages be thereof levyed, And in asmuch as you shall have executed this our command you make appeare, &c.

SVff. ss Whereas E. T. and Mary his wife in our Court before our Jus­tices at Westminster by the consideration of the same Court had re­coverd against Iohn Addams 20 l. for the value of the dower of the same Mary of one messuage and one Garden with the appurtenances in Bury S. Ed. from the time of the death of R. Cage her late husband.Entry of an E­legit for the va­lue in Dower. As for theire damage which they had by occasion of the detayning of the said dower whereof he is convicted, And the same Io. and Mary af­terwards came in to our said Court and by the statute therein provided chose to be delivered to them, &c. As in others, to hold to them and their assignes according to the Forme of the statute aforesaid, untill the said 20 l. for the value and damages aforesaid shall be thereof levyed &c. in asmuch, &c. he should make appeare here Men. Pas. &c.

P 29. or 30. Eliz. Rot. 651.Tender of the body in executi­on, in discharge of the Manu­captors. London ss. Be it remembred that the third day of May that same terme came here into the court M. F. in this own person, And offered his body in execution upon the judg­ment for damges cost and charges, which W. F. in the Queens Court here recovered against him, as in a certaine action of trespasse upon the case, according to the Form of a certaine Recognizance here by the same M. and certaine Henry Lues of the Parish, &c. Butcher, and Giles Holden of the Parish, &c. haberdasher, in Mich. term Ann. Reg. Regin. 27 and 28. acknowledged for & in discharge of his Manucaptors aforesaid &c. And hereupon William Knight attorney of the said W. F. by the court here conferred with, if he would commit the body of the said M. in exe­cution for the debt and damages aforesaid to the prison of the Fleet there to stay upon that occasion, or not, said that not, Therefore as­well the said Manucaptors as the said M. from the Recognizance afore­said and summes of money contayned in the same Recognizance, by the Court here are discharged, &c.

[Page 42] Tender of the body in execu­tion, after judg­ment had a­gainst the prin­cipall in dis­charge of his [...]ureties. M 9. Jac: Rot: 2739. H 10. J. Rot: 3241. H. 22. J Rot. 2429 Errour brought.T 20. Eliz. Rot. 125. Between Younger and Tompson. Afterwards to wit such a day An. &c. came here into the Court W. T. in his proper person and aswell for his owne proper indemnity as of his suer­ties aforesaid prayeth that he by the court here may be committed to the prison of the Lady the Queen of the Fleet by occasion of the judg­ment aforesaid there to stay untill, &c. And L. and T. Manucaptors of the said W: of their Manucaptions and acknowledgment in this behalf made by the court here are fully discharged, &c. And afterwards Error was entred upon the Roll and the Record sent into the Kings Bench, And after the end of the same it is entred as followeth, Afterwards, to wit, ter. die came here into the Court, the said W. by the Keeper of the Prison aforesaid to the Bar here brought; and saith that he ought not longer to be kept in the prison aforesaid, for that the same W. at his owne request and not at the request of the said Plaintiff was committed to the Prison aforesaid, and for that cause prayeth that he may be dismissed at large from the prison aforsaid by the Court here,The Defendant is discharged out of Prison for that the Plain [...]iff pray­ed him not in execution. And because the Justices here by due examination in this behalfe made and that it sufficiently appeareth by the Record that the allegation of the said W. is true therefore the said W. by the Court here is dismissed from the prison aforesaid: And the said Keeper of the Prison aforesaid, by the said court here is discharged from the custody of the said W. &c.

M 15. Jac. Rot. 2167. e Walter between Willby and Davenant in a Scire Facias against C. and B. Manucaptors in a Recogni­zance of 740 l. that the said Davenant should appeare to an account of 330 l. at the Suit of the Plaintiff,Nota bien. and alleageth that the Defendant appeared to an Originall of 330 l. and that afterwards in Mich. 4. Jac. R. nunc, the said Davenant was condemned in the said 330 l. and in 80 s. for damages, and afterwards that the Plaintiff remitted 25 l. 6 s. 4 d pro ut, &c. the said Davenant hath not rendred his body in execution for the judgment aforesaid for 208 l, 13 s. 9 d. residue of the debt and Damages aforesaid in the same Court neither hath satisfied to the plain­tiff for the residue of the debt and Damages aforesaid the Defendant Pleads that the Plaintiff ought not to have execution, &c. because he saith that after the Judgment aforesaid given, to wit the 23, day of Ja­nuary An. 14. abovesaid came here into the Court the same Davenant in his proper person, and then and there rendred his body to the prison of the Lord the King of the Fleet in execution for the said 208 l, 13 s. 4 d, residue of the debt and damages aforesaid against the said Dave­nant in Form aforesaid Recorded, and in discharge of the said severall Recognizances by the severall Manucaptors acknowledged, And that the said Plaintiffe then and there altogether refused to receive or Charge the said Davenant in Execution for the said 208 l. 13 s. 4 d. And this they are ready to verify, &c. the Plaintiffe protesting saith that he never refused, &c. And for that he did not render his body pro ut, [Page 34] &c. issue per Pais, And it was moved by Serjeant A. that the same ought to be tried by the record and not by the county. See Easter 6. H. 8. Rot. 432. And in this case divers presedents were shewed as well of Ancient as of moderne times M. Easter 12, H. 8 Rot. 324. and Easter 29. Eliz. Rot. 651. T. 12 H. 8. Rot 331. Easter 6. Ja. Rot. 105. such rendring their bodis in execution in discharge of their Manucaptors, but note that there is no tender but to discharg the bail. See M. 27. ort. 37. Eli. Rot. &c. Trin. 16. Ia. Rot. 786. tender of the body in execution to discharge the baile.

P 14. Ia. Rot, 2175. W. against B. who tendred himselfe in execu­tion in discharge of his sureties the Plaintiff praies him in execution, and the Court will advise themselves of such commitment; for that a writ of Error was brought and the Record with the Recognizance cer­tifyed away; but at length he was committed in execution, notwithstan­ding the writ of Error in discharge of his Sureties.

H 9. H. 5. Rot. 461. Henster Bristoll ss. Extent upon a Statute-mer­chant by an Executor. It was commanded the sheriff that he should take the body of W. C. late Burgesse and merchant of the Town of Bristoll if, &c. And in the prison of the Lord the King safe, &c. untill he shall have fully satisfied unto R. Scot and William Scot executors of the testament of Iohn B. late Burgesse of the Town of Bristoll of 120 l. which the said W. Coombe the third day of Aprill An. R. Rich, post conques. se. 5. before W. C. then Mayor of the City of B. and I, W. then Clerke deputed to take Recognizances of debts at B. acknowledged himself to owe to the said I. B. And which they ought to have paid him at the Feast of the apostles Philip and Jacob then next, and the same to him as yet, &c. and in asmuch, &c. he should make knowne to the Justices here at this day to wit in Oct. Pur, beat. Ma­riae, &c. And now came the said Thomas Stanford on the behalfe of the said executors: And the said W. Combe came not and the sheriff retorneth that he is dead, and hereupon the said Thomas Stanford pray­eth a Writ thereof by the statute, &c. and because the Justices here are not yet advised whether they ought to grant that Writ at the petition of the said Thomas in this case, or not,2 R. 3 f 8 Pl. 16. P. 2 Eliz. Dyer f. 180. Pl. 49 H. 18 E. f. 10. Pl. 35. a­gainst this Sci: fa [...]. day therein is given to the said Executors by the said Thomas here untill 15. Pas. At which day here the said Thomas Stanford and T. B, and I, B. who answer for the said Executors as their attornies by writ of the Lord the closed directed to the Justices here & to them delivered and pray a writ by the statute. And because the Justices here are not yet advised whether that writ ought to be granted at the petition of the said attornies,Dyer f. 180. 49. e con [...]r. quaere. in this case or not, day is given therein to the said Executors by their attornies here untill in Octo. S. Trin. At which day here came the same Executors by the said Thomas Stanford their attorney and they bring here into [Page 44] Court the statute aforesaid and also the letters Testamentary of the said Io. Barstable, by which it sufficiently appeareth to the Court here the said Robert and William to be the Executors of the Testament of the said I. B. and thereof to have the administrations, &c. and pray thereof a writ by the statute, &c. and to them it is granted retorneable here A die S. Mich. in un. Mensem, &c. and in asmuch, &c. the sheriff should make known here at the same Term, &c. before which day the Plaintiffe aforesaid remaineth without day, for that the Lord Hen. late King of England the 5, after the conquest dyed, afterwards to wit in the Term of S. Hil. An. 1. Hen. 6. now King of England after the con­quest, namely the same W. Scot executor. by the same Thomas Sanford his attorny, and for that the same W. S. coexecutor with the said W. of the testament aforesaid is dead, prayeth a Writ by the statute, &c. and it granted to him retornabl here tres Pas. and in asmuch, &c. the sheriff should make appears here at the same Terme, &c. at which day here came the said W. Scot executor, &c, by his attorny aforesaid, and the sheriff sent not the writ,P. 12. Jac: Rot: 448. entry of a Sci: fac: by the Administrator during the mi­nority of the Executor to have execution against the Co­nusor, where the Conusce di­ed before the Cap. returna­ble in the Com­mon Bench. &c. and as before praieth a writ thereof by the statute, &c. and it is granted to him retornable here 15. Mich, and in asmuch, &c. the Sheriff should make knowne here at the same Term, at which day came the said W. Scot executor, &c. by his attorny a­foresaid and the sheriff sent not the writ, &c. therefore as more times let another writ thereof be made to him by the statute, &c. retornable here Men. Pas. and so it is continued untill 15, Mich. at which day came the said W. Scot executor, &c. by his attorney aforesaid, and the sheriff sent here a certaine extent before him taken at B. upon Thursday in Cr. S. Mich. Arch. An. 2, H. 6. Post conq. by vertue of a certaine Writ of the Lord the King, directed to the same Sheriff by the oath of 12, &c. who say upon their oathes that the said W, Combe had and held to him and his heires comming of his body, the day of the acknowledg­ment of the debt aforesaid 2. gardens with their appurtenances in the Suburbs of B, in Pyle-street, and six tenements with their appurtenances in the Suburbs aforesaid in S. which said gardens and tenements M, B, of Bristoll now holdeth,Extent return­ed. and are clearly worth, by the yeare besids re­paires 34 s. and also saith that the said W. Combe had and held to him and his heires comming of his body, the same day of the acknowledg­ment of the debt aforesaid, and afterwards 12 s. rent of Assize, issuing out of one tenement in the Suburbs aforesaid in Tonkerstreet, which A. D. late held, which said rent I. D. now holdeth, And also saith that the said W. Combe had and held to him and his heires, coming of his body the same day of the acknowledgment of the debt aforesaid, & afterwards, 5. shops with their appurtenances scituate, &c. which the said W. Combe afterwards gave and granted to T. B. Knight his heires and assignes for ever which are clearly worth by the yeare besides reprizes 40 s, and also &c. wich all and singular messuages lands, Tenements, shops, Sellers, [Page 45] Gardens and Rents above recited, one N. V. Viccar of the Church of Saint Mary of R. W. M. and others, gave and granted long before the acknowledgment of the Debt aforesaid to the said W. Combe, to hold to him and his heirs of his body coming for ever, by vertue of which gift, the said VV. C. of all the aforesaid Mesnes, Lands, Tenements, Shops, Cellars, Gardens, and Rents, with the Appurtenances, were seised to him and his heirs of his body coming, by vertue of the gift aforesaid, the day of the acknowledgement of the debt aforesaid and afterwards. And further say, that the said W. Combe, had no other or more Lands, Tene­ments or Rents, goods or chattells within the County of Bristoll, the day of the acknowledgment of the Debt aforesaid, or at any time after­wards which they could extend or appraise, as the same Writ requireth as the Jury aforesaid can enquire.

Fieri Facias.

T 16. Jac. rot. 3112. Brownlow. Testat. fi. fac. de bonis pro­priis after a Devastavit. Entry of a Testat. fi. fac. of his proper goods, after a Devastav [...]t, between D. and B.

MIch. 12. Jac. rot. 2216. Brownlow War. ss. Entry of a fieri facias where parcell of the mony returned levied, and a fi. fac a­warded for the residue. It was commanded the Sheriff, that of the lands and Chattells of I. C. late &c. otherwise called, &c. in the Bailiwick of the same Sheriff, he should make as well a certain debt of thirty pounds, which W. K. in the Court of the Lord the King now, of the Common Bench here, to wit, at Westminster, in the County of Middlesex, recovered against him, as forty shillings which to the same W. in the said Court of the King here, were adjudged for his damages, which he had by occasion of detaining of that debt, and that he should have the monyes here at this day, to wit, Mens. Michaelis, to render to the said W. of the Debt and Damages aforesaid, whereof he is convicted.Return parcell of the debt and damages levied And now here at this day came the said W. by A. L. his Attorney, and the Sheriff now returned, that hee by vertue of that Writ, caused to be made eighty shillings of the Lands and Chattells of of the sayd I. parcell of the debt and damages aforesaid, which hee had ready at the day and place aforesayd, as by the said Writ it was com­manded to the same Sheriff, And that the said I. had no other nor more Lands or Chattells in his Bailiwick, whereof the residue of the Debt and Damages aforesaid, or any parcell thereof, he could by any means cause to be made, therefore it is commanded to the Sheriff of VVar. that of the Lands and Chattells of the sayd I. in the Bayliwick of the same Sheriff,A fi. fac. awar­ded for the resi­due. hee make the residue of the Debt and Damages aforesaid, and that hee [Page 46] should have the residue of the monyes here, to wit in Cr [...]pur. to render to the same W. in forme aforesaid, &c.

Entry of a fieri facias where the Sheriff re­turned Nihil habet, and a fieri facias a­warded to the Ordinary De bonis ecclesia­sticis. M 11 Jac, rot: 189. H. 26 Jac: rot: 3031 M. 14 H 6 rot: 124.T 19. Jac. rot. 1020. Brownlow, Norff. ss. It was commanded the She­iff, that of the Lands and Chattells of Edward Mundy late of H. in the County aforesaid Clark, otherwise called, &c. in your Bailiwick he should make as well a certain debt of a hundred pounds, which Tho­mas C. in the Court of the King here recovered against him, as ninety shillings which were adjudged for his damages, which he had by occasion of the detaining of the said debt, and that he should have those monies here at this day, to wit, Tres Trin, to render to the said T. for his debt and damages aforesaid, whereof he is convicted.

And now here at this day came the said Thomas by M. P. his Attor­ney, and the Sheriff, to wit, E. G. Knight, now returneth, that the said E. is a Clarke and beneficed at L. in the Diocesse of Norwich, ha­ving neither goods nor chattells of Lay fee in his Bailiwick, whereof the debt and Damages aforesaid or any parcell thereof he could cause to be made, Therefore it is commanded to the Reverend Father in Christ, John by Divine Providence Bishop of Norwich, and Ordinary of that place, that of the goods Ecclesiasticall of the sayd Edward within his Di­ocesse, he cause to be made the Debt and Damages aforesayd, and that he have those monyes here in Octob. S. Mich. to render to the sayd T. for his debt and damages aforesaid, &c.

Entry of a Writ of fieri facias de bonis testa­toris the Sheriff returned that the parcell of the debt is le­vi [...]d De bonis testat. and as to the residue, that the Execu­tor had wasted &c. and that he had made the damages De bonis pro­priis and exe­cution awar­ded, De bonis propriis, for the goods wa­sted. PAsch. 12. Jac. rot. 2167, Norff ss. It was commanded the Sheriff, that of the goods and chattells which were of I. B. late called I. B. of W. in the County of N. Yeoman, in the hands of Joan B. of F. in the County aforesaid Widow, Executrix of the Testament of the same John in your Bailiwick, he should cause to be made as well a certain debt of an hundred pounds, which F D. in the Court of the King here, to wit, at Westminster, recovered against him, as two pound six shillings eight pence which to the same F. in the same Court of the King here were ad­judged for his Damages, which he had by occasion of detaining of that Debt, if the same Joan had so much Goods and Chattells which were of the sayd John at the time of his Death in her hands to be administred, and if she had not, then the damages aforesaid of the proper goods and chattells of the same Ioan to be levied, and that he should have those mo­nyes here at this day, to wit, 15 Pasch. to render to the same F. for his debt and Damages aforesaid whereof he is convicted. And now here at this day came the same Francis B. by S. L. his Attorney, and the She­riff, to wit, Iames Calthrop Knight, now returneth, that after the death of the same I. B. and before the coming of the said Writ, the goods and chattells which were of the said J at the time of his death, to the value of fifty eight pounds four shillings and two pence, came to the hands of [Page 47] the same Joan after the death of the same I. B. to be administred, of wh ch sayd goods and chattells twenty seven pounds eight shillings and two pence of the debt aforesaid he caused to be made according to the Exigency of the same Writ,Devasta vit. and that the same Joane before the coming of the sayd Writ, wasted the residue of the goods and chattells afore­said, and converted to her own use, so that the residue of the sayd Debt or Damages aforesaid of the same goods or chattells he could not cause to be made, but that of the proper goods and chattells of the same Joane by vertue of the Writ aforesaid, he cause to be made the Damages afore­said and those monies, together with the twenty seven pounds eight shillings and two pence, of the goods and chattells of the sayd John, as aforesaid levied, before the Justices here at this day, to render to the same Francis according to the Exigency of that Writ he had ready,T. 14. H. 6. rot. 318. A Deva­stavit returned and thereupon an Elegit is a­warded. as by the same Writ to him it was commanded, &c. Therefore it is conside­red that the same Francis have Execution against the same Joan for the residue of the said fifty eight pounds four shillings two pence, by the same Joan as aforesaid wasted, of the proper goods and chattells of the same Joan, &c.

H 19 H 6 rot. 134 Brownlow London ss. An entry of a speciall fi. fac. de bonis testa­toris. H. 9. H. 6. fol. 87. pl. 2. Fitz. Executors pl. 7. this Writ a­warded, and by the Court, The judgment in this case was entred T. 8 H 6 rot 102 See the old book of en­tries fol 326 title Execution against Execu­to [...]s pl. 8 scire facias brought against two Administrators after a Devastavit to have Execution De terris, & catallis propri [...]s. P 9 H 6 fol 9 Fitz: Executors 9: M 11 H 6 fol 8 pl. 12. An Action of Debt brought against the administrators and suggests that hee had wasted the goods &c. 3 H 6 fol 148 P 11 H 6 fol 351. 12 E 3 Fitz Executors pl: 73 and pl 85. Old Book of Entries, fol 326 title Execution against Executors pl. 8. See Fitz return De viscount pl. 9 H. 6 H 9 fol 57 that such a return is not good M 5 Car: rot 874 the like for Rivers against the Sheriff of Castle maine It was commanded the She­riffs, that of the goods and chattells which were of R. S. late Citi­zen and Cloth worker of London being in your Bailiwick, in the hands of John Leweter of London Gent. R. B. of London Draper, B. H. of London Draper, and Allice who was the wife of R S. late Citizen and Clo­thier of London, Administrators of the goods and chattells which were of R. S. late Citizen and Clothier of London who dyed Intestate &c. yet should cause to be made forty pounds which William Andrewes Citizen and Poulterer of London in the Court of the King here, recovered against the said Administrators of the goods of the said Richard, being in the hands of the said Administrators to be levied and of the proper Lands and Chattells of the said Administrators, nine markes which to the said William in the same Court of the King here were adjudged for his Da­mages which he had by occasion of the detaining of that Debt, and that they should have them here at this day, to wit, in 8. S. Hil. to answer to the said William of his Debt and Damages aforesaid, whereof they are [Page 48] convicted, And now cometh the said William by W. B. his attorney and the sheriffs now returne that from the coming of the writ afore­said untill the day of the retorn of the same, no goods or chattles which were of the said R. S. at the time of his death in their Bayliwick in the hands of the said Administrators were or are, whereof the said 40 l. or any monies thereof they could cause to be made, as by lawfull waies and meanes which they knew, or better thereof could know, to them at the present can appeare to be made, Notwithstanding they have made of the proper Lands and Chattles of the said Administrators the 9. Marks aforesaid, which they have ready here at this day, which said nine Marks are delivered to the said W. Therefore aswell the said sheriffs as the said administrators are thereof quiet, And because the retorne a­foresaid as to the said 40 l. is reputed insufficient, and conceived to be made in delay of the execution of the recovery aforesaid, And in the Kings Court here on the behalfe of the said W. it is testified, that the same administrators have sold divers goods and chattles which were of the said Richard at the time of his death, And the monies for those goods and Chattles have converted to their own uses, And that the residue of the goods and chattles of the said Richard by the administrators a­foresaid are eloyned, with the in intention, that the said execution should not be made thereof, Therefore the same sheriffs to wit W. C. and R. L. in mercy, And are Fined by the Justices here at 20 s. And the Lord the King not willing that those things which in the Court here are rightly Acted and adjudged should by subtil Art and unfaithfull ingeny be infringed, Commandeth the same shriffs that the said 40 l. of the goods and Chattles which were of the said Rich. at the time of his death, being in the hands of the said Administra [...] if they can thereof levy them otherwise so much thereof as is deficient, as the goods and Chattles aforesaid by the same Administrators sold or cloyned do a­mount unto, as by the Inquisition in this behalfe to be taken or any other way wherein you can be better certified, you cause to be made of the proper lands, and Chattles of the said administrators, and that you have those moneies thereof made here in Octob. Pur. beat Mariae to render to the said William for his debt aforesaid, &c.

Entry of a F [...] fac [...] for dama­ges in replevin, the Sheriff re­turneth fieri fe­cit, and bring­eth not the mo­nie into Co [...]u [...], nor paid it to the party; A Sci: fac: is awarded to the Coroners against the Sheriff, because the Plaintiff cannot have an execution against him for the moni [...] by him levied in forme aforesaid.T 19. Jac Rot. 3313. Brownlow Buck. ss. It was commanded the sheriff that of the Lands and Chattles of Anthony Chester Baron. in his Bayliwick he should cause to be made 16 l. pounde which to Wil. Carpenter Gent. in the Court of the Lord the King here were adjudged for his damages which he sustained by occasion of the taking and un­justly detayning of the goods and chattles of the said W. by the same [Page 49] Anthony and T, in a certaine place called Ozier Cob otherwise the Ozier Holm in the County aforesaid, and that he should have those monies here to wit in Cro, S. Trin. to render to the said William for his debt and da­mages whereof he is convicted, And now here at this day came the said William by T. S. his attorny and the sheriff to wit H. Lee Knight and Barronet now here retorneth, that by vertue of the said writ to him di­rected, of the goods and Chattles of the said Anthony in his Bayliwick he causeth to be made those monyes which said moneys, he hath here ready at the same day, As by the said writ it was commanded him, &c. And because the same sheriff the monies aforesaid here at this day hath not ready to render to the said William for his damagas aforesaid in Form as aforesaid according to the command of that Writ,Sc [...]: fac: award­ed [...]oron. a­gainst the She­riff. to him in Forme aforesaid directed nor hath hitherto payed the damages afore­said to the said William, nor otherwise contented. Therefore the same sheriff to wit the same Henry Lee in mercy and is Fined by the Justices here at 40 s. And it is commanded to the Coroners of the county afore­said that by honest, &c. they make known to the said Henry Lee sher [...]ff of the County aforesaid that he be here in Cro. Anim. to shew if any thing, &c. wherefore the same William execution against them f [...]r the said 16 l. by the said Henry in Form aforesaid levyed ought not to have of the proper goodslands and Chattles of the same Henry if, &c.

IN this Case I conceive a doubt,Nota & quere for the Presi­dents are dubi­ous. in what County this Scire fac. ought to issue, whether out of the County where the return of the Fi. fac. was made, to wit, in the county of Buch. or in the County where the record of the returne of the Fi. Fac. remaineth to wit in the County of. M And Justice J then Serjeant and counsel with the pla. and Brown­low Prothonotary agree that it ought to be awarded in the county where the action lyeth and so it was made,H: 16. Jac: rot: 2255. the like Sci: fac: and afterwards the matter was agreed 9. E. 4. fo. 50. Br. Sci, Fac. 134. A, Sci. Fac. issued to the new sheriff, by which it appeared that the Sci. Fac. issued in the coun­ty where the return was made, And Br. retorne de Briefe 55. See H. 9. E. 4. Rot. 349. A. distringas nuper vic. to render the monies by him le­vied awarded, But by the said book of 9. E. 4. fo. 50. it appeareth by Littleton that the Justices are advised upon the returne of the Fi. feci to award a Sci. fac. and not a Distringas, because upon the Distringas petit. issues are retorned, whereby the Plaintiffe is a long time delay­ed.

M 13. H, 7. Rot. 307.Foringer of an attorney. Midd. ss. Be it remembred that the 8 day of November that same Term, one Rowland Brigg one of the attornies of the Bench here present here in Court, was solemnly called by the Court here to appeare and answer unto certaine matters, Offences, objections, and impositions, by him done as it is said and a­gainst [Page 50] him in the Court here imposed and objected, Therefore the said R, for his contumacy is forejudged from exercising his office of an at­torney of this Court untill, &c.

An attorney for iudged the Court for forge­ry of a writ & committed & sent to the cour [...]s of the Queen the Exchequer and her Court to be loked upon. For iudged of the Clerk of the Jurat. for non attendance in his Office.H 31. Eliz. Rot. 1720. A speciall entry of the imprisonment and Forejudging of an attorney of the Common Bench for Forging of a Supers. de non molestando. And note that he was committed to the Fleet, and sworn that he would not afterwards prosecute as an attorney of the same court and was put out of the Barr of the same Court, and sent by the Warden of the Fleet, and sent up to the Queens Court to be looked upon there and afterwards in the Court of the Exchequer to be looked upon there.

M 9. Edw. 4. Rot. 328. Copleg. Be it Remembred that Iohn Cheker, who was admitted to the Office of Clerk of the Jurat. and writs of Dedimus potestatem of this Court, and was sworne well and faithfully to exercise and occupy the same, to which said Office aforesaid of the said Iohn doth belong to receive Writs of Dedimus Po­testatem of acknowledgment of Fines levyed, to make writs of Nisi Prius and other Jurats out of the Court issuing, from the exercise and atten­dance of the same Office for a long time hath withdrawn and absented himselfe without the licence of the cheif Clerk of the Lord the King of the common Bench here, to whom the gift of the same Office belon­geth, And without the licence of Rob. Dierby cheif Justice of the Court here, So that the same Office by the same Io. or any clerk for him or in his name, remained a long time undon and unoccupyed, to the pre­judice of divers Leige People of the Lord the King and delay of their Suits, Wherupon upon the complaints of divers of the same Leige people who intend to prosecute such writs of Nisi Prius and other Jurats, & intending to deliver writs of Dedi. Potestatem and acknowledgment of Fines here in Court, And not having such clerk ready in Court who should receive and make such writs and Jurats, upon the 20. day of October this Term, it is besought, aswell by Peter Stainford who had occupyed that Office for the same Iohn in the life time of Iohn Quick Deputy of the said Iohn at divers times at the intreaty of the said Iohn Quick in his absence, as his clerk in other precedent Terms by the li­cence of the chife justice here, As also by Thomas Thorold under Keeper of the Writs and Roles of the Lord the King of this Court, that if they or either of them, to the same Office for the same Io. Cheker and in his name would attend, and the writs and Records due to be made in that Office for the same Iohn and in his name he or they would Receive write and do who said severally, that not, By which the same Iohn the same day of Friday in the morrow of the same day was solemnly called to exercise the Office aforesaid, and appeared not, wherupon he by the con­sideration [Page 51] of the said Court here is removed from his said Office and William Snayth at the nomination of the said cheife cleark here in the Court, faithfully to extrcise and occupy that Office on the same mor­row was admitted and sworne to have and hold that Office as the Philizers, Exegenters and other officers of our Lord the King here hold and occupy their offices.

M 22. Iac. Rot. 436. Brownlow, Foringden of a Cryer of the Court for his non attendance upon the Court, nor any cause shewn to the Court for his absence. T. 15 E: 4. f: 26. T: 15 E: 4 f. 7. P. 6. Ca [...]: Rot: 1314. Admissi­on of a Cryer up­on the surren­der of Hyliard. Bee it remembred that George Baker one of the Cryers of this court, who to the office of one of the Cryers of their Court, was before sworne and admitted well and faithfuly to exercise and occupy the same, To whose office it appertein­eth to attend every Law day in court here in his proper person and to do in the Court those things which belong to the Office of a Cryer of this Court to be done, three severall dayes to wit, 19. of November 20. November and 22. of November this terme, in full Court being solemn­ly called to attend his office of Crier aforesaid as of right he ought to have don, came not, but himselfe from his Office aforesaid, the same three daies & by the space of 5. years last past & more without the licence of the court here absented and withdrew himselfe, no cause of his ab­sence to the Court here by any on the behalfe of the said Georg being shewen, Therefore the same Georg by the consideration of the court here is removed from further exercising of his Office of Cryer here, And Robert Hylyard at the nomination and presentation of Walter Zankey Esquire to whome the gift of the Office aforesaid belongeth faithfully to exercise and occupy that Office the 24. day of November this term by the Court here is admitted and sworne to have exercise and occupy the office aforesaid as the other Cryers of the court here have and oc­cupy their Offices, &c.

H 31. Eliz. Rot. 1720, Be it remembred that the 27.Attorney of the Common Bench, for that he for­ged a Writ of Sup. de non molestando, upon an Utlary where no Writ of Error was sued out of the Chan­cery for warrant the same. And the party out­lawed thereup­on was delivered out of prison, was committed to the Fleet. And because he could not gainsay, but confessed the same, that he had forged the same Writ, it was awarded that he should not entermeddle more in the Office of an attorney, but should lose his priviledge of the same: and that his name should be taken out of the at­torneys Roll, and that he should be forjudged the Court, and thrown over the bar, and fined at 5 l. and should be sent to the severall Courts to be inspected, and was sworn thereunto, and after he was shorne he was thrown over the barre. day of January that same term came here in court one Richard Hillington one of the Attornies of the Court here in his proper person, and for that he by the Tye of his Oath in his office of attorney made, the falsehood, if he shall understand any in the Court here to be don or perpetrated, is bound with that speed which is convenient, to reveale and certify to the Court here, gave to the Court here to understand that E.G. one of the attornies of the Bench here, in the exercise of his Office of an Attor­ney to the scandall of the Court here, and in falsity and deceipt of the same Court behaved himself and Fradulently, For that to wit whereas certaine Iohn Ʋernon and Richard Carter lately in the Court of the [Page 52] Lady the Queen now of the common Bench here have impleaded Ric. Michell. late of M. in the County of S. Yeamon W. M. late, &c. And Iohn M. late, &c. in a plea of Debt, and the same R. W. and I. O. for that they came not before the Justices of the said Lady the Queen of the Bench here to answer the said Io. Vernon and R. Carter therein, they were put in Exigent in the County of the City of the said Lady the Queen at Oxford to be utlawed, and upon that occasion were afterwards ut-Lawed, And afterwards the same Io. Michell by vertue of a certain Writ of the Lady the Queen of Capias Ʋtlagat upon the utlawry aforesaid to the sheriff of of Surry in this behalfe taken and in prison of the said Lady the Queen and under the custody of the said Sheriff was detayned, the same Edward Osbulston not having the feare of God before his eyes nor his oath that he should not do any falsehood in the same Court, fearing, a certaine false Writ, under the name of the Lady the Queen, caused to be written made & counterfei­ted the tenor whereof Followeth in these words Elizabeth, &c. reciting the Superse, de non molest. T. Edmund Anderson of Westminster the 28. day of Nov. An. &c. 31. whereas no Writ of Error out of the Chancery of the said Lady the Queen to the same Edmond Anderson was directed by the same Edw. Osbalston or any other person for the same R. M. W. M. and I. M. upon the utlawry aforesaid was ever prosecuted, as by due Search in this behalfe made to the Court here plainly appeareth, Not­withstanding the same Edward Osbalstone the said false and forged writ afterwards with the seale to seale writs in the court here caused to be sealed, And the same to the said sheriff of Surry to wit to Richard Brown Esq. as a true writ delivered by colour or which said false and forged writ the same sheriff delivered the same Io. Michell out of prison afore­said, to the great scandall of the Lawes of the Lady the Queen now and the deceit of the said Queene and of the Court here, and great de­lay of the said Io. Ʋernon and Richard Carter in their suit aforesaid whereupon the said Ed. O. being present here in Court and by the court here examined, whether he made the said false writ in Forme aforsaid, or not saith that he cannot gainesay but that he made the said false writ in form as aforesaid as is above alleaged, & hereupon the same Edward O. is committed to the Prison of the said Lady the Queen of the Fleet there to stay untill, &c. and afterwareds to wit the 30. day of Jan. that same Terme came there in Court the same Ed. O. in his proper per­son under the custody of the Warden of the prison of the Fleet brought and being asked how he would excuse himselfe of the premisses, saith that he cannot gainsay but that he is guilty of the premisses aforesaid as it is above alleaged against him, and therein puts himselfe upon the favour of the Court here, whereupon for that it seemeth to the Court here, that the said Ed. Osbalston the said false Writ, not only out of negligence but out of malice voluntary fraud and falsehood caused [Page 53] to be written and made; therefore it is considered that the same Edw. in his Office of attorney in the Court here from henceforth shall not in­termedle but shall loose all his Priviledges therein, & that his name shall presenty be taken quite from the attornies and that he from the Court here before judged and put out of the Barr of the Court Roll here, and that hee make a Fine with the Lady the Queen for his falsehood afore­said at C. and also that afterwards the same Edward after he is put out of the bar here, shall be led by the warden of the Fleet through the hall here into the Court of the said Lady the Queen to hold Pleas before the said Lady the Queen commonly called the Kings Bench that the Jus­tices of the said Lady the Queen there having notice of the falshood of the said Edward before by the command of the Court here, might com­mand the same Edward in as much as the same Edward, &c. in nullo sed intromittas, And immediatly is brought back from the same Court through the hall there by the same Warden of the Fleet into the Exche­quer of the said Lady the Queen before the Barons there that the same Barons likewise taking notice of his falshood, &c, in that Court,T: 20 H: 6. f: 37 Pl. 6. br. attorny 70. in nul­lo se intromittat, &c. And further the same Edward by the command of the Justces here took his Corporall oath in these words, This heare you Justices that I. E. Osbaston late one of the Attornies of this Court, having my name by you, for divers my misdemeanours by me committed in the exercise of my said Office, justly drawne out of the Roll of Attor­nies, And forejudged this Court from the exercise of the same Office shall not from henceforth directly or indirectly, as an attorney pursue defend, or otherwise intromit in any action, suit or Canse, in this court here or in any other of the Queens Majesties Courts at Westminster so help me God, and the contents of this book, whereupon the same Edw. to the terror and example of others in the like case offending by the cry­ers of the same Court was put out of the Court here beyond the Barr, &c.

P 7. H. 7 Rot. 1. 34. In the Kings Bench Angl. ss. Forindger of a Philizer of the Kings be [...]h, no a [...]tending his Office in person. Be it remem­bred that it seemeth to the Court of the Kings here before the same King and it is plainly knowne to the same Court that Phillip Wharton otherwise called Philipp Wharton who is possessed of an Office of the Filizer of writs of the same Court of the Countyes of Cornwell, Glos. hereof the towne of Glou. and the towne of Bristoll and for 6. yeares and more last past was possessed, that Office within the space of two yeares, and divers Terms before hath not personally occupyed as he of right and according to the custome of the Court aforesaid ought; and for that the same Philip in the Terme and Yeares aforesaid was not vexed with any such disease or infirmity, but that he might fitly in per­son attend the Office. And the same Court of the Lord the King here by diligent examination in that behalfe had, manifestly appeareth, And [Page 54] also for that the same Philip was often times admonished by the said Court of the said Lord the King according to the custome of the said Court personally to attend that office, and never offered himself nor of­fers to exercise and occupy the same office, but himselfe from personall exercising of that office by a long time now elapsed, being in no wise li­censed, hath absented himselfe. Therefore by the advice of the whole Court of the Lord the King aforesaid, the same Phillip divers daies and times in the same Terme and other Termes past being solemnly called according to the custome of that Court personally to exercise and occu­pey that office, appeared not, & that the said office for default of the said P. remaineth in nothing executed & observed for w^ch it is considered in the same Court that the same Philip from the said Office and from fur­ther exercising and occupying of the same from henceforth forever be forejudged, which said default upon him by the Court here at the end of the same Term to wit the fourth day of the Plea de 15. S. Ioh. Bapt. which said fourth day that Court untill the 8. S. Mich. next following is adjorned, is Recorded, &c. see in the title Commitment an ordi­nance made 35. Hen. 6.

Fine quashed upon the exami­nation and in­spection of the Infant, by him acknowledged upon dedimus potestatem, which was not admitted to be recorded.P 4. Ia. Rot. 1409. Brownlow Derb. ss. Be it remembred that the 29. day of May that same Terme it seemed to the Court here as­wel by the inspection and veiw of the body of J. Zouch the younger, Esq. then present here in Court in his proper person as by the examination of divers faithfull witnesses then and there examined upon their oath, and other lawfull Proofes in that behalfe in the Court here made that the same Iohn who otherwise to wit the second day of August Ano. 3. R. nunc, before Iames Story Lon. and Robert Cotton Esquires by ver­tue of a certaine writ of the Lord the King de Dedmi. Potestatem to them and certaine Thomas Hutchison and Robert Smith Esquries directed, to give power to three or two of them to take the acknowledgment which the same Iohn before the said I. S. K. C. T. H. and R. S. three or two of them would make, upon w^ch said writ of covenant depending before the Justices of the said Lord the King of the Common Bench between certain Tho. Fortesceu Esq. and Io. Slany, and the same Io. Zouch of the Mannor of Alfreton ali. Awfreton with the appurt. and of 120. Mes. 100. Cot­tages 500 tofts 4 Mils, &c. with the appurt. in A. otherwse. A.S. otherwise S. S. otherwise S. &c. And also of the profits of the markets and Faires and Toll in A. otherwise A. in the same County of Derb. acknowledg­ed the Mannor Tenements, Rents, and Profits aforesaid to be the right of the same Thom. and the same remised and quit claimed from him and his heires to the same Thomas and Iohn Slany, and the Heires of the same Thomas for ever, at the time of that acknowledgment upon th [...] writ aforesaid, was and yet is within the age of one and twenty years Therefore it is considered by the court here [...] of May that same Terme that the acknowledgment aforesaid by the same Io. Zouche before [Page 55] I. S. and Rob. Cotton made is void and of no Force in Law, and that as well the said Writ of Covenant as the said writ of Dedimus Potestatem are quashed and adnulled, and in the Files of the writs of this Court are not to be received or Filed, nor that any record be made thereof in the court here.

Brev. de Gardiano admittendo.

H 10. J. Rot. 2002. Brownlow ss.Entry of a Writ De gardiano admittend. in a Writ of Parti­tion. M: 22 Jac: Rot: 554. the like in debt. T: 33 Eliz: Ro: 1556. like in Dower, Int. S. & G. The King sent to the Justices here his Writ closed in these words, James by the grace of God of England, &c. To his Justices of the Bench Greeting Know ye that we have admitted Nicholas S. Gent. the Gardian of Ma­ry B. and Grace B. Daughters and heires of Richard Barret Esq., being within age as is said, to prosecute and defend the Sute which is before us by our Wirt between the same Rich. Barret, and one Ralph Raulin in a Plea of making partition as is said, And therefore we command you that you admit the same in Gardian of the same M. and G. to pro­secute and defend the Plaint aforesaid, Witnesse our selves at Westminster the 19. day of May An. 10. and 45.

Habeas Corpus.

ss. IT was commanded the sheriff as more times it was commanded to the same Sheriff that he should have here at the third day,Entry of a Hab. cor [...]: in a plea of debt: and the Sheriff re­turneth that he was not taken nor ever in his custody. And a Writ awarded de distring: nup: vic. to wit ter. die, the body of E. T. &c. whom by precept of the Lord the King he took and him detayneth, and the same sheriff to the Justices here ter. die last past retorned, to answer T. S. in a plea that he render unto him 20 l. which he oweth and unjustly detayneth &c. And now here at this day came the said T. by T.C. his Attorney and the sheriffe retorneth that the said E. was not taken by the said sheriff by vertue of any writ, either is, or ever was in the custody of the said sheriff either by I. N. Knight his Predecessor, by indenture between him the late sheriff, or the said sheriff, to the sheriff now was over de­livered, And therefore the body of the said E. before the Justices here at this day he could not have,Distring: nup: vic. Therefore it is commanded to the sheriff now that he distrain the said late sheriff, by all his lands, &c. and that of the issues, &c. so that he may have here. 15. Martini the body of the said E. whome to answer to the said T. in the Plea aforesaid &c.

[Page 56] Entry of a Writ of Hab: corp: upon priviledge wi h the recog­nizance.H 12. Iac. Rot. 2271. It was commanded the Mayor Aldermen and sheriffs of London and every of them, whereas it was shew­ed to the Lord the King now on the behalf of Peter Furb, that where­as he, and every leige man of the Lord the King, in coming to the Court of the said Lord the King of common Bench here to wit at Westminster, to prosecute or defend any plea or writ there, ought to be under the protection of the said Lord the King, and customs accor­ding to the Liberties and Privileges of the same Court from the time whereof the memory of man is not extant used and approved in the same,Cause of privi­ledges. Notwithstanding some malevolent indevouring much to prejudice the same Peter, the same Pet. after he came to the Court here, to consult with his Councell and attorny to have their advice in a certaine plea of debt upon demand of 30 l. prosecuted by the same P. in the said Court of the Lord the King against one James Robinson, wherupon the parties aforesaid pleaded to issue of the Country to be tryed in London, to be ar­rested by the ministers of the said Mayor Aldermen and Sheriffs, and in the Prison of the Lord the King, under the custody of the said Mayor Aldermen and Sheriffs, procured to be detained, unjustly to the imo­derate dammage and grievance of the said Peter, and against the liber­ties and Privileges aforesaid, whereupon he supplicated to the Lord the King to exhibet to him a remedy, the said Lord the King willing to do to the same P. in that behalf which was just and consonant to reason, and inviolably to observe the liberties and privileges aforesaid, That if the same Peter should be detayned in the prison aforesaid under the custody aforesaid, Then the same Peter by whatsoever name reputed together with the day and cause of his taking and detaining, they should have, or one of them should have before H. Hobert Knight and Baronet Cheife Justice of the said Lord the King of the common bench at his chamber Scituate in Lincolns Inn in the county of Midd. immediately af­ter the receit of the said Writ,Hab: corp: rem. immediatly be­fore the Chief. that the same cheife Justice of the Lord the King, seeing the cause aforesaid, should do in that behalf, what of right and according to the law and custome of the Lord the King of England, and the liberties and privileges aforesaid should be don, and that they should have then there that writ, Afterwards to wit the 24. J that same Terme the chief Justice delivered here in Court with his owne hands the writ aforesaid directed to the said Mayor Aldermen & sheriffs in Forme aforesaid,The writ deli­vered in Cou t. The party comes in his proper person. Returne de causes. And before the said chief Justice by the same Mayor Aldermen and sheriffs the 10th, day of Jan. last past retorned and exe­cuted, and the same cheif Justice hath certified here in court that then and there before the said Ch [...]ife Justice at his chamber aforesaid came the said P. in his proper person under the custody of the said sheriffs, and Martin L. and P. P. Sheriffs of the City aforesaid now retorne that before the coming of the said writ the 15th day of Dec. An. R. &c. [Page 57] 12. The same Peter was taken in the City aforesaid, and detained in the prison of the said Lord the King under the custody of the said Sheriffs by vertue of a complaint levied against him the same day and year, in the Court of the Lord the King held before the same M. L. by the name of Peter Furbusher Gent. at the suit of H. R. in a plea of Trespasse,1 Cause in a plea of Trespass Damages 40 l. to the Damages of forty pounds, the said Peter was also detained by vertue of a complaint against him 20 Ja. praed. levaet. in the Court of the sayd Lord the King, held before the said Martin Limny by the name of P. F. at the suit of Alexander Ratcliffe, in a plea of Debt upon demand of six­ty pounds,2 Cause in debt for 60 l. (and so recite all the causes) whereof the partyes aforesayd have pleaded, and so depend undetermined, and that these were the causes of taking and detaining of the sayd Peter in the prison aforesaid, whose body they have ready, as by the sayd Writ to them it is comman­ded, &c. whereupon the premisses being seen, and by the said cheife Ju­stice then and there fully examined and understood,The party and She iffs are dis­charged. it seemed to the said cheif Justice, that the sayd P. ought then and there to enjoy the liberties and priviledges aforesaid, whereupon the same Peter was then and there dismissed from the custody of the said Sheriffs by the said cheif Justice,Ʋpona forraign Attachment ac­cordingly, 1 H 15 El [...]t 588 and the same Sheriffs then and there were discharged by the same cheif Justice from his custody, and hereupon the same P. and R. H. of Stepney, &c. and I.B. of the same, Dyer, undertook, and every of them did undertake,M [...]ch. 8 and 9 El. rot. 329. Entry of a pri­viledge for di­verse causes, and the bail entred several­ly and there rot. 1754. Recognizance to appear to Writs or Acti­ons to be brought. Note that in this case, the Originall ought to be brought the next Terme ensuing, but in a reversall the plain­tiff hath liberty of two Termes to bring his Writ. to wit the same P. in the summe of one hundred and twenty pounds, and the same R. and I. severally in the summe of sixty pounds at the suit of Alexander Ratcliff, and Sic de ce­teris, &c. That the said P. should appear here in Court, in his proper person, or by his sufficient Attorney in Law, and answer to the severall Actions or Writs of the same H.R. &c. against the same P. of and upon the severall pleas aforesaid, before 15 Pasch. then next coming, to be brought and prosecuted here in Court, and also if it shall happen judg­ment after the apperance of the sayd P. here in Court made in the same pleas for the same H. and A. and against the said P to be given, to satis­fie the same H. &c. of their Damages, and the sayd Alexander of his Debt and Damages for the same H. &c. and A. against the same Peter in the same Court here to be recovered, or adjudged in the pleas afore­said, or that the same P. render himself to the prison of the Fleete of the Lord the King for those occasions, which sayd severall summs by the said Manucaptors in forme aforesaid acknowledged, the same Manucaptors acknowledge to be made of their Lands and Chattells, and which sayd severall summs by the same P in form aforesaid acknowledged, the sayd Peter acknowledgeth to be made of his Lands and Chattells and to be le­vied, to the use and behoof of the sayd H. and A. in form aforesaid, if it happen the same P. make Default in any of the premisses, and in lawfull manner to be convinced thereof, Brownlow.

[Page 58]T 41 Eliz. rot. 1229. ss. That the said R shall appear here in Court in his proper person, or by his sufficient Attorney in Law, to the A­ction or Writ of the said A, against the said R. of and upon the cause a­foresaid, before such a day, to be brought and prosecuted in Court here and to answer to the said A. in the plea aforesaid, and also if it happen, &c.

Entry of a pri­viledge retur­nable immediat in banck.H 12 Jac. rot. 2262. Brownlow, As before in the president for P.F. untill, or one of them should have, before the Justices of the Lord the King here, to wit at Westminster, immediatly after the receit of the said Writ, that the same Justices of the said Lord the King, seeing the cause aforesaid, &c. untill the end of the Writ. Afterwards, to wit, the ninth of February that same Terme, came here into Court the same Michael in his own person, under the custody of the Bailiff of the Marshall and Judges, &c. And recite the Return of the Writ, whereupon the premisses being seene, and by the Justices here fully exa­mined and understood, it seemeth to the said Justices here, that the sayd M at present ought to enjoy the liberties and priviledges aforesaid, and so as in the president before.

Alit.T 14 Eliz. rot. 1288. Divers causes returned, wherein are diverse Complaints in Trespasse and debt, and the Entry is that he shall ap­pear in Court in his proper person, or his sufficient Attorney in Law, of and upon the severall Actions of and for the summs aforesaid against the same W. by the said T. M. and M. or any of them before 8 Michaelis next coming to be brought or prosecuted here in Court, severally to the same T. M. and M. or either of them in the said Court here, in the severall pleas aforesaid,P. 28 Eliz. rot. 328. the like. against the said W. severally to be recovered or adjudged, or that he the same W. render himselfe upon that occasion or occasions to the prison of the Fleet of the Lord the said King, which sayd summ of fifty pounds, to wit, twenty pounds thereof the same T. ten pounds to the said M and O. to the sayd I. & I. acknowledged & every of them acknowledgeth severally to be made of their Lands and Chattells, and to the use, &c.

Speciall Amer­ciament of the Sheriff. for not returning of a Writ of Habeas corpus in debt, after three a [...]e s given him to do it.T 2 Car. Regis Rot. 841. Brownlow, Berks. ss. John B. Sheriff of the County aforesaid, for that he in Easter Terme last past, at the seve­rall dayes that same Terme, by the Court of the Lord the King here to him given, as in the bill of pleas this Terme it doth appear, hath not returned to the Court here a certain Writ of the said Lord the King of Habeas Corpus, issuing on: of the Court here, and to the same Sheriff directed and delivered to be executed, in form of Law, against one I W Esquire, at the suit of R. B. Esquire, in a plea of Debt of two hundred [Page 59] pounds returnable before the Iustices here Quinque pas. last past in mer­cy, &c. And he is fined by the said Justices here for the said four defaults at twenty five pounds, &c.

H 43. Eliz. Rot 451.Prisoner in the Fleet brought to the barr by Hab corp. at the petition of an estranger, a who brought Writ in debt against him, and he is de­manded by the Justices that he would appeare to the said writ, who said he w [...]n du [...] there­fore processe of Ou [...] law [...]y is a­warded against him ss. It was commanded to the Warden of the pri­son of the Fleet, that he should have here at this day, to wit, upon Satturday next after, Octob. S. Hillar. the body of W. A. Esquire, in the prison of the said Lady the Queen, under the custody of the said Warden detained, to do and receive what the Court of the Queen here shall con­sider of him, and now here at this day came here into the Court, H. T. by A.S. his Attorney, and brought here into Court, a certain Originall Writ in Debt, upon demand of an hundred and twenty pounds directed to the Sheriffs of London, and before the Justices of the Lady the Queen here, returnable against the said Walter by the name of W A. Esquire, of Tomby in the County of Lincolne Esquire, and prayeth that the said Walter may appeare to his sayd Writ, whereupon by the same Warden of the Prison aforesayd brought here to the bar, present in Court in his own proper person, being spoken to, saith, that hee will not appear to the Writ, Therefore let processe be made against the sayd Walter, upon the Originall Writ aforesaid, &c.

T 25 El. rot. 860. G against I.C. like Hab. corp. and such an Originall and demand, who saith that he is not the same person against whom the said G. brought the said originall writ and that he wil not appear &c. Therefore let further processe be made against the said I. C. late of L Gentleman, against whom the sayd Originall VVrit was brought upon the said Originall, and the sayd I.C. who is now brought to the Barr, is sent back to the prison, under the custody of the Warden, for the occasi­on that he is therein detained, there to remain, &c.

H 13 Jacorot. 588. Entry of a Capias ad respodend. and thereupon a Non inventus returned, and a Habeas Corpus to the Warden of the Fleet is awarded, received such a day, and then thus, and now here at this day came the said Defendant in his proper person, under the custody of the Warden aforesaid, brought to the Barr, who being demanded if he would appear to the said Writ or not, sayd that not, Therefore let processe of Outlawry be made, &c.

M 5. Jac. rot. 2254. Fleet ss. Entry of an Habeas corpus of a prisoner committed to be Fleet by the Commissioners in causes Ec­clesiasticall and his enlargement without baile. It was commanded to the Warden that he should have here to wit at Westminster immediatly after the re­ceit of this Writ, the body of Anthony Rooper Knight, in the prison a­foresayd under his custody detained, by whatsoever name he is reputed, together with the day and cause of taking and detaining of the said An­thony, that the same Justices here viewing the cause, may cause to be [Page 60] done what of right and according to the Law and custome of the Realme of the Lord the King of England, The like for Langton, P. 8. Jac. rot. 819. The lik for Melton there, rot. 1939. The like for Throckmor­ton, T. 8. Jac. rot. 1675. But they entred into a Recogni­zance of a 100 l. i [...] the Bench to ap­pear from day to day. P. 9. Jac rot. 1510 P 8. Jac. rot. 1939. ought to be done. And no where at this day, to wit, on Satturday next after Octab. Martini, that same term came the same A in his proper person, under the Custody of the same Warden brought here to the Bar, and the same Warden then returned, that before the coming of the Writ, to wit the ninth day of October last past, the sayd A.R.M. rendred themselves to the prison aforesaid before committed by vertue of a certaine Warrant, dated the thirtieth day of I last past, which followeth in these words, These are in his Majesties name straightly to charge you by vertue of his Highnesse Commission for cau­ses Ecclesiasticall, under the great Seal of England, to us and others dire­cted, That herewith you receive and take into your custody the body of Sir Anthony Rooper Knight, and him safely detaine prisoner at this our Commandement, untill we shall give you order for his enlargement, sig­nifying unto you, That the cause of his commitment is for that there be­ing a certain cause referred unto us by his Majesties especiall direction, betwixt him the said Sir A.R. and I.B. Vicar of B. for that he detaineth wrongfully from the said Vicar a certain yearly pension due unto him from the said Sir A.R, & being called before us, & after ful hearing of the cause in the presence of the said Sir A. R. and of his Councill three or four severall times, and at last adjudged by us to pay the said pension, he having some time of deliberation given unto him, by us to consider ther­of, hath notwithstanding obstinately disobey our said Order, and doth so still persist, and this shall be your Warrant in that behalfe, given at Lambeth this thirtieth day of Iune 1607. And that this was the cause of taking and detaining of the said Anthony in the prison aforesaid, the bo­dy notwithstanding of the said A he hath now here ready, as by the said Writ it was commanded him, &c. whereupon the premisses being seene, and by the Justices here fully examined and understood,Judgment by the Court. it seemeth to the said Justices here, that the said cause of Commitment of the sayd A. to the prison of the Fleet aforesaid in the Returne aforesaid, above spe­c [...]fied, to be insufficient in Law to detain him the said A in the prison a­foresaid, or to deprive the said A from his priviledge of the Court of the Lord the King here, therefore the same Anthony is dismissed from the prison aforesaid by the Court here, and the same Warden is fully dischar­ged by the Court here of such custody, &c.

T 18 Iac. rot. 3157. Brownlow, Entry of an Habeas corpus cum causa, for B the Sheriff returned, that he was detained by vertue of a cer­tain Warrant, &c. And that he had brought his body, &c. Pro ut pro breve, &c. whereupon the said I is committed to the prison of the Lord the King of the Fleet, Ib. remans. quousque, &c.

[Page 61]M 9. and 10. Eliz. Rot. 1667. London, Nota. one Thomas L. one of the Attornies, &c. was committed to the Fleet upon a warrant from the High Commissioners, And one cause of his commitment was expressed in the warrant, and the Justices granted him a Writ of Pri­viledg because he was an atorney with a Corpus cum causa, directed to the wardens of the Fleet, who returned the warrant in haec verba &c. wereupon his body being brought to the bar, he was allowed his privi­ledg and discharged from prison.

Inquiry.

H 41. Eliz. Rot, 1119, Bark. ss. Entry of a Writ of inquiry of better issues, di­rected to the Justices of As­sises upon a Writ De Distring. Balliv. & Bur­geness upon a Cepi corpus, by them return­ed upon a Te­stat. in debt, a­gainst the late Sheriff for find­ing petty issues upon return of a Distringas. T: 6 H: 6. Rot. 303. Sil. M 24. H 6. Rot: [...]09 Issues six shillings eight pence. West; 2. cap: 40. Alias Distrin­gas awarded. P: 8. H: 6. Rot: 113 Amerce­ment against the return of the Sheriff upon a Distringas: Jur. T:23 H: 6. scil. upon a Rescous. P: 226. Rot: 2, the like Writ awarded to the Coroners to enquire de quantis exitibus; quere quia non est lex. Plur. Distringas. It was commanded the sheriff that he should distrain the Mayor Baylifes and Burgesses of the Borrough of Abington in the County aforesaid by all their Lands, &c, And that of the issue, &c. so that he should have here in Osto, Mich. last past the body of F. E. late of, &c. whom the same May­or and Burgesses late took, as &c, To answer R.B. of a plea that he render unto him 10 l. which to him he oweth and unjustly detaineth, &c. At which day here came the said R. by I. D. his attorney, and offe­red hmiselfe the fourth day against the same F. in the same plea, and he came not, &c. And C. L. then sheriff of the said county of Berk, then here retorned that the said Mayor Bayliffes and Burgesses were distrai­ned by their chattels to the value of 6 s 8 d. And that the said Mayor B. and B. were bayled by I. D, and R. R, Therefore they in mercy, &c. And as before it is commanded the sheriff that he should distraine them by all their lands, &c. And that of the issues, &c. so that should have here at this day to wit in Oct. S. Hill. the body of the said F, which the same Mayor B, and B of late took, &c. As, &c. To answer the said R, B. in the plea aforesaid, and now here at this day to wit at the said Oct. S. Hilli. came the same R, by his attorny aforesaid and offered himself the 4 th. day against the said F. in the plea aforesaid and he came not, And the sheriff did nothing therein, nor sent the writ thereof & as more times, It is commanded the Sheriff that he destrain them by all their lands, &c. And that of the issues, &c. so that they may have here, 15. Pas. the body of the said F, who the same M, B. and B. of late took, as, &c. to answer the said R in the plea aforesaid, And thereupon [Page 62] it is testified in the court of the Lady the Queen here on the behalf of the said R. that the said C. L. late sheriff, after the said writ of distresse was first delivered to him, of greater issue, to wit of 100 l. the lands and Tenements of the said Mayor Bayliffes & Burg. in his bayliwick to the Lady the Queen might have answered,Averment of the party aginst the sheriff or retorning the petty issues up­on [...]he first w it of distress after the als. and plur. distr. wee reenter upon the Roll. Therefore it is commanded to the Justices of the said Lady the Queen assigned to take the assiz [...]s in the county aforesaid, that by the oath of honest and lawfull men of the County aforesaid in the presence of the said sheriff, if he will be present, they diligently inquire, of what and how much issues, the said sheriff of the issues of the lands and Chattles of the said Mayor B and B. of Abingdon aforesaid in his bayliwick, from the time in which the said writ of distresse was delivered unto him untill the said Oct. S. Mich. could have answered to the said Lady the Queen, and the inq [...]isition which, &c. they make knowne here 15, Pas. by their letters sealed, &c. See the old book of entries in the title of issues retorned, 1. 2. and 4. for such a Writ and entry, And for a Writ awarded to the Justices of Assize see the statute of Westminster the 2. Cap. 40.

A djudged to the Justices at the assize to in­quire of what issu [...]s the she­riff could an­swer.T 9. lac. Rot. 3623. Brownlow, Wigor. ss. It was commanded the sheriff that he should distraine R. G. Knight late sheriffe of the county aforesaid by all his Lands, &c. So that he should have here at this day to Wit in C S. Trinitatis the body of R. Y. late of C. in the county aforesaid Yomam which he took by the precept of the Lord the King now, And detayneth by him, as the said sheriff to the Justices of the said Lord the King here to wit at Westminster 15. Pas. An. R nunc Angl. 8. retorned to answer to M. F. widow of a plea that he should render unto her 20 l. which to her he oweth and unjustly detayneth, &c. And to heare his judgment of more defaults, &c. And now here at this day came the said Mary by I. F. her attorney, and the sheriff now retorneth, that the said R. G. is distrained, by his chattles to the value of 40 s. and bayled by I. D. and R. R Therefore they in mercy,Amercement that the sheriff can answer the King of greater Issues. &c. And here upon it si testified in the court of the King here, on the be­half of the said Mary that the said now sheriff of greater issue to wit of 20 l, to the said Lord the King could answer therefore it is comman­ded to the Justices of the Lord the King assigned to take the assizes in the county of Worcest. that by the oath of honest and lawfull men of the county aforesaid, in the presence of the said sheriff, if he will be present,Note that the statute saith die impetr. Br. they diligently inquire, of what and how much issues, of the lands and Chattells of the said R. G. the said sheriff, might have answe­red to the said Lord the King, from the day of the receiving of the writ aforesaid untill the said day of the retorne thereof, and the Inquisition which, &c, The same Justices make appear here in S Mich. by their let­ters Sealed, &c.

[Page 63]M 13. Jac. Rot. 2096. Brownlow Wiltes. ss. It was commande­the Justices of the Lord the King at the assize in the County a­foresaid, whereas the King had commanded the late sheriff of the coun­ty aforesaid as otherwise he had commanded him, that he should dis­train W. Dutton Knight, late sheriff of the county aforesaid his prede­cessor, by all his lands and chattles in his Bayliwick, so that neither he nor any one for him, put their hands upon them,Entrey of a w [...]it to inquire de quantis ex­itiff &c. See the statute Westmi. 2.29. which granted this writ Hn. 13. E. 1. untill he shall have an other precept therein from the Lord the King, and that he should an­swer of the issues of them to the said Lord the King so that he should have before the Justices of the said Lord the King there to wit at West­minster in Cr. S. Trinitatis. last past, the body of R. G. late of, &c. otherwise called R. G. &c. which by the precept of the Lord the King he had lately taken, as Fr. Popham Knight late sheriff of the county a­foresaid, predecessor of the sheriff now otherwise retorned to the Justices of the Lord the King here to wit at Westminster aforesaid to answer to W. Mariat of a plea that he should render unto him 30 l. which, &c. And to heare his judgment of more defaults, &c at which day the said now sheriff to the Justices of the said Lord the King now here to wit at Westminster aforesaid,T. 18. Rot. 1674. retorneth that the said W. D. was distrained by his Chattells to the value of 66 s. and 8 d. where upon it was test fied in the Court of the King here, on the behalf of the said W. M. that the said sheriff of greater issues to wit of 20 l. might have answered, that by the oath of honest and lawfull men of the county aforesaid in the pre­sence of the said now sheriff if he will be present they should diligently inquire of what and how many issues of the lands and chattels of the said W. D,P. 12. H 6. Rot. 2 a ve fac awarded to the Corone [...]s to in­quire de quan­tis exitibus besides the said 66 s. 8 d. in his bayliwick the now sheriff could have answered to the Lord the King, &c. from the day of the recei­ving of the said Writ, untill the same day of the returne of the same, And the said Inquisition which, &c. the said Justices of assize should make appeare here at this day to wit in 8. S. Mich. by their letters sealed and now here at this day came the said W. M. by Tho. P; his at­torney and the said Justices of assize to wit Laurance Tanfeild Kni. Cheife Baron of the Lord the King of his Exchequer and Henry Moun­tague one of the Serjeants at law of the said Lord the King assigned to take the assize in the county afaresaid,The Justices of assizes [...]to [...]ne into the bench an [...]quisition taken by them. now retorne here a certaine In­quisition at new Salisbury in the county aforesaid the 19. day of I. last past by vertue of the said writ by the oath of 12. &c. taken by which it is found that the said W. D. Kni. late sheriff of the county of the said Cr. S. Tri. last past and long before had divers lands and chattells in the county aforesaid whereof the said now sheriff to wit H. M. from the day of the receiving of the said writ of Distring. above mentioned untill the retorne of the same, of twenty pounds in issues besides the 66 s. and 8. d. above, might have answered to the said Lord the King to wit at L. in the county aforesaid, Therefore it is considered that the said [Page 64] H. L. for his concealement in this behalfe in gui. Sit. Mia. of the Lord the King, And that he answer the Lord the King of the said 20 l. whereof he, besides the said 66 s. 8 d. of the lands and chattells of the said W. D. as aforesaid could have answered, according to the Form of the statute in this case provided, &c. statute 13. E. 1. Cap. 39.

A W [...]it to en­quire of dama­ges awarded de novo, where the Sheriff returned that he could not execute the old Writ, for that some of the Iurors refu­sed to take their Oath, and a Capias award­ed against them for contempt. Capias award­e [...].P 20. H. 8. Rot. 461. At which day here came the said Plaintiff by his attorney aforesaid, and the sheriff to wit W, P. Knight now retorneth that he such a day and yeare last past caused to come before him at L. in the County aforesaid A. B. C. D. and others, to inquire of and upon the premisses which said C. D. their corporall oath of and upon the premisses to performe or swear, altogether refused and deni­ed, in manifest contempt of the Lord the King now and the lawes of his Kingdome, So that execution of the said Writ he could not then do, Therefore as before the sheriff was commanded that by the oath of ho­nest and lawfull men of the county aforesaid he diligently inquire what damages the said plaintiff sustained aswell by occasion of the entry a­foresaid, as for his costs, &c. and in as much, &c. he make appeare here such a day under the seale, &c. and Seales, &c. And also it is com­manded to the said sheriff that he omit not for any liberty but that he take the said C. and D. if, &c. and safe, &c. so that they may have their bodies here at the said Terme to answer unto the Lord the King of the contempt aforesaid, &c. The same day is given to the said Plaintiff here, &c.

Entry of a Writ of inquiry a­gainst an At­torney in Cove­nant. LOndon ss. Whereas Hugh Beeston Knight in our Court before our Justices at Westmin. exhibited to our said Justices his certain bill a­gainst R. G. Gent. one of the attornies, &c. otherwise called R. G of Cliffords Inn London. Gent. in a plea of covenant, for that whereas the same Ricard by his certain Writing sealed with his seale and into our Court before our Justices brought, made at London in the parish of St. Mary Bow. in the ward of Cheape the 29. day of Nov. An. Dom. 1616. whose date is the same day and year, acknowledged himself to have his custody two Fether beds 1. Bolster 4. Stooles covered with Scotish worke, &c. of the proper goods and chattles of the same Hugh Beeston, which same Goods and Chattles after the delivery of them to the said Hugh, were left in the custody of the said Richard. And whereas also the same Richard had promised, and by his said writ covenanted to and with the said Hugh to redeliver the same goods and chattels to the same Hugh Beeston or his assignes within the space of one Moneth after warning thereof to the said Richard given, as by the writing aforesaid fully ap­peareth, And the same Hugh in Fact saith, that he after the making of the writing aforesaid, and before the day of exhibiting of the same bill to wit the 9, day of Feb. An. 16. &c. at London in the parish and ward afore­said [Page 65] requested the said Richard to deliver to the said Hugh the same goods and chattels within the space of one moneth then next following after the warning aforesaid in Form aforesaid given, according to the Forme and effect of the writing aforesaid, And so the same Richard al­though often requested the covenant aforesaid, In that the same Richard should redeliver to the said Hugh the same goods and chattels with­in the space of one moneth after warning to him thereof given hath not held but broken, and the same to him yet to hold, gainesayd, and yet gainsayeth, wherupon he sayth, that he is the worse and hath damage to the value of 30 l. In such sort it is proceeded in our said Court and that the said Hugh his damages by occasion of the breaking of the Covenants aforesaid in not delivery of the goods and chattles aforesaid to wit one Fether bed one long Table, &c. of the goods and chattells aforesaid against the same Richard ought to recover. But because it is unknowne what damages the said Hugh hath sustained by occasion of the breaking of the covenant aforesaid in not delivering the goods and chattles aforesaid, we command you that by the oath of honest, &c. you diligently inquire what damages the said Hugh sustayned aswell by occasion of the breaking of the covenant aforesaid in not delivering of those goods and chattells, as for his costs and charges by him about his Suit in this behalfe laid out, And the Inquisition, &c retornable upon Thursday next after the morrow of S. Martin under your Seales, &c. And the seales, &c. damages 8 l. charges 26 s. 8 d. increase 4 l. 7 s. 4 d. in whole 14 l No judgment was entered because the Parties agreed.

H 18. I. Rot. 568. Devon. ss.Entry of a Writ of Inquiry in case for sees for suing forth of a Writ of cove­nant. Whereas Iohn Blachford was attached to be in our court before our Just ces at Westminster, &c. to answer Iohn Hore Gent. one of the attornies of the court of common Bench for that that whereas the said Io. here the 28. day of Sep. An. &c. 12. was, and alwaies hitherto is one of the attornies of the bench aforesaid and so being one of the attornies of the same Court, the same Io. Blachford the said 28. day of Sept. An. 12 above said at Chagford in consideration that the same I. Hore at the speciall instance and request of the same I. Blachford would be the attorney of one Tho. Wise Knight and to prosecute for the same Tho. out of our court of Chancery a cer­taine writ of ours of covenant of and for levying of a Fine in our said Court of the common Bench between the said Tho. and certaine O. W. Esquire, and Margaret his wife of certain lands with the appurte­nances in W. and D. in the county aforesaid, and a certaine other Writ of ours of Dedimus Potestatem to certaine F. F. Knight H. C. Gent. and I the same I. Hore to be directed to acknowledg the Caption which the same Oliver and Margaret before them or two of them should make of the same lands that a Fine thereupon might be had according to the course of Fines at the common Law of our Realm of England assumed [Page 66] upon himselfe and to the said Iohn Hore then and there faithfully promi­sed that he the said Iohn Blachford all expences which the same Iohn Ho. in and about the prosecution of the Writs aforesaid, the levying and in­grossing of the Fine aforesaid, and other things which in that behalfe should be requisite and necessary to be don, should expend and deposit And also 3 s. 4 d. for his attornies Fee, For every Terme wherein the same John Hore should be the Attorney of the same Thomas Wise in and about the prosecution of the businesses aforesaid, when thereof he should be required well and faithfully would pay and content. And al­though the said John Hore giving credit to the promise and assumption of the said John Blachford afterwards to wit the 6. day of October An. 12. abovesaid, the said Writ of Covenants of the lands aforesaid, to wit of 1. messuage 1. Garden one orchard 200. acres of land, &c. with the appurtenances in W. and T. under the name of the said T. W. against the said F. Whi. and Margaret his wife before the Justices of the Bench in Oct. S. Hillar. then next following retornable and retorned. And the 7. day of the said month of Octo. the aforesaid other writs of Dedi. Po­testat. of our said Court of Chancery to the same Fr. F. Kt. H. C. and to the same I. H. directed was likewise prosecuted and a Fine thereupon before our said Justices was in due manner had levied & ingrossed, And a Fine therupon according to the common Law of our Realm of Eng. was levied, And all and singular other things which in that behalf were ne­cessary and expedient to be don did and performed, And was attorney for the said Thomas in that cause in the Term of S. Michael An. 12. abovesaid and in the Term of S. Hillary then next following, and 6 s. & 8 d. for his Attorneys Fee in the same Terms were due to the same I. Hore and the same John 78 s. 2 d. in and about the bringing and prose­cution of the same Writs and levying and ingrossing of the said Fine, and in doing all and singular other things which in that behalf were necessa­ry and expedient to be done in and about the premisses, laid out and de­posited, which said severall summes in the whole doe amount unto 84 s. and 10 d. neverthelesse the said I. B. his promises and assumption afore­said not regarding but indeavouring and fradulently intending him the said J. Hore of the said 84 s. 10 d. craftily and subtilly to defraud, the same 84 s. 10 d, to the same I. H. according to his promise and as­sumption aforesaid hath not paid although to this by the same I. H. af­terwards to wit the 20. day of March An. &c. 14 s. at Chagford afore­said was requested but the same to him heitherto to pay hath denyed & yet denyeth, &c. In such sort it is proceeded, &c. damages 6 l. mi. 20 s increase 6 s. in whole 8 l.

Liberari Facias.

P 4 Eliz. rot. 1919. H 32 Eliz. rot. 1606 Heref. ss. Entry of a w [...]it of Liberari fac to the Cognizee of lands exten­ded by extent upon statute merchant, but not delivered to him for that the Conusor dy­ed, and the h [...]ir at the time of the inquisition taken, was within age, but now at full age if it do appeare to the Sheriff that the heire is of [...]u [...] age. See the Statute for Merchants, 13 E. 1. accord. It was com­manded the Sheriff, whereas the Lady the Queen by her certain Writ out of the Court of the said Lady the Queen here at West­minster, in the Terme of the Holy Trinity, Anno Reg. &c. 38. issuing and directed to the Sheriff of the County of Hereford, reciting by the said Writ, That whereas the sayd Lady the Queene had commanded the Sheriff of Middlesex by her said writ that the bodyes of E. W. of D. in the County, &c. and I.T. of W. in the same County, &c. if they were lay men & found in his Bail [...]wick, he should take, & should safely keep in the prison of the said Lord the King, untill they had fully satisfied S. B. of W &c. of fifty pounds, which the same E. and I. the second day of Iuly, Anno 23. Eliz. before R. N. and R. C. then Bayliffs of the City of W. and keepers of the greater peice of the seale of the statute Merchant there and W. I. Gent. then Clarke of the City aforesaid, and keeper of the lesser part of the seale of Statute Merchant aforesaid, Deputed to take acknow­ledgment of such Statutes for Debt, for Merchants at the City aforesayd, acknowledged themselves to owe to the said S. which they ought to have paid unto him at the Feast of Saint Michael the Arch Angell then next following, and they have not payd the same unto him as it is said, and in as much as the said Sheriff of Middlesex shall have executed the pre­cept of the said Lady the Queen, he should make appear to the Justices of the said Lady the Queen here in 8 Hillarii Anno 37 Reginae Nunc and the said sheriff of Middlesex to the Justices of the sayd Lady the Queene here at Westminster at that day returned, that the same W, and I. were Lay men and were not found in his Bailiwick, and to the Sheriff of He­reford commanded that all the goods and chattells of the same E and I. and all the Lands and Tenements whereof the same E and I. at the day of the acknowledgement of the Debt aforesaid,Recitall of the Writ of extent. or at any time after­wards were seised, to whose hands soever they should come, unlesse to any heire within age by hereditary Descent, they should descend, he should deliver to the said S by reasonable price and extent, To hold the goods and chattells aforesaid, as his proper goods and chattells. and the Lands and Tenements aforesaid as his free Tenement to him and his As­signes, according to the form of the Statute therein made and provided, untill the Debt aforesaid together with his reasonable and necessary Da­mages and costs, as in Labours, Suits, Delayes and Expences, he should levy thereof.

And neverthelesse, That hee should take the bodyes of the sayd E. and I. and should safely keepe them in the prison of the sayd Lady the [Page 68] Queen, untill they should satisfie the sayd S. of the Debt aforesayd in forme as aforesaid, and in as much as that precept of the Lady the Queen should be executed, he should make appear to the Iustices of the said La­dy the Queen here at Westminster in Octob Sancti Michaelis, Anno 38. abovesaid, and that he should have then there the Writ aforesaid, the same Sheriff of Hereford to the Iustices of the sayd Lady the Queen here at VVestminster, The Sheriff re­turneth that the Conusors are dead. Inquisition ta­ken, and the Lands exten­ded, but the Lands descen­ded to an in­fant, and the Sheriff by rea­son of his no­nage, could not deliver them to the Conusees. at the said 8 S. Mich. returned that the same E. and I. were dead, and also to the same Iustices of the sayd Lady the Queen here at that day, returned a certain Inquisition before him the sayd sheriff of Hereford, by vertue of a certain Writ to him therein directed, at K. in the County of Hereford, the thirteenth day of S. Anno 38. abovesaid, by the oath of twelve honest and lawfull men of the County of Hereford, was taken, by which it was found that the same E. I. were dead, after the acknowledgment of the Debt aforesaid, and long before the taking of the said inquisition, and that the same I the day whereon he dyed, was seised in his Demesne as of Fee, of and in four Closes or parcells of pa­sture, lying and being in H within the parish of L. in the same County of Hereford, containing by estimation fifteen acres, &c. as in the Inqui­sition. And the Tenements aforesaid with the Appurtenances, were worth by the year in all issues besides Reprizes, sixty shillings, and that the same I.T. of the Tenements aforesaid with the Appurtenances, in forme aforesaid being seized, after the acknowledgement of the Debt a­foresaid, and before the coming of the sayd Writ dyed thereof seised, af­ter whose Death,The lands dis­cend to the heir within age. the Tenements aforesayd with the Appurtenances des­cended to one I.T. son and heir of the said I.T, the son, at the time of the taking of the Inquisition aforesaid, was within the age of one and twenty yeares, to wit, of twenty yeares and no more, so that the Tene­ments aforesaid with the Appurtenances to the said S. by reason of the minority of the said I.T. the son, he could not deliver, according to the Tenor of the said writ to him therein directed, and that the said E. at the time of the acknowledgement aforesaid made, or at any time after­wards, had no Lands or Tenements in the County of Hereford, as by the Record and proceedings therein in the Court of the said Lady the Queen here plainly appeareth.

Suggestion, that the heir is of full age.And now in the Court of the said Lady the Queen, before the Justi­ces of the said Lady the Queen here at Westminster, it is alledged, that the said I.T. the son is come to his full age of one and twenty yeares, and hath of a long time been of full age, therefore the said Lady the Queene doth command the said Sheriff of Hereford, that if it can appeare to the said Sheriff, that the same I.T. came to his full age of one and twenty yeares before the issuing forth of this Writ, and now to be, then the Te­nements aforesaid with the Appurtenances by the Extent aforesaid, in forme aforesaid made, he should deliver to the said S. to hold as his free Tenement to him and his Assignes, according to the forme of the Statute [Page 69] aforesaid thereof made and provided, untill the Debt aforesaid,Liberate con­ditionall, that if it could ap­pear to the she­riff that the heir is at full age. together with reasonable and necessary Damages and Costs, as in Labours, Suits, Delayes and Expences, be thereof levied, &c. and in as much, &c. hee make appear here, 15. Trinitat. &c.

Mittimus.

T 3. Jac. rot. 24 10.Entry of a Mit­timus of the Record and proceedings Which was re­moved out of another Court, by a certiorare out of the Chancery, and sent to the Ju­stices of the Bench. The Lord the King sent to his Iustices of the Bench here, his Writ closed in these words, James, by the Grace of God, &c. To his Justices of the Bench greeting, The Record and proceedings in a certain plaint which was in the Court of our Ho­nor and Castle of Windsor, before our deare Cosen and Counsellour, Charles, Earle of Nottingham of the noble Order of the Garter, Knight, Admirall of England, Constable of our honorable Castle aforesaid, and keeper of the whole Forrest of the same, or to his Deputy of Keeper of his place there, without any writ, between William R. Esquire, and J. M. Gent of cattell of the same W. taken and unjustly detained as is said, by Jo. Trevor Knight, Deputy of the same County, by vertue of our writ of Certiorare to you into our Chancery certified, we send you in these presents inclosed, commanding you, that the Records and proceedings of the plaint aforesaid being inspected, you further do therein at the prosecution of the same James, what of right, and according to the Law and custome of our Realme of England is to be done, Teste. &c. James by the grace of God, &c. To our dear Cosen, &c. greeting, we will [...]ng for certain causes to be certified, by the Record and proceedings in a certain plaint which is before you in our Court of the Honour and Castle aforesaid, without out writ, between W.R. Esquire, and I Moor of cattell of the same W. &c. we command you, that the Record and pro­ceedings in the plaint aforesaid, with all things touching the same, by whatsoever names the parties aforesaid in the said plaint are distinguish­ed to us into our Chancery, wheresoever it shall then be, under your seale, without delay you distinctly and plainely send, and this VVrit, &c.

Note,Nota. That if the Record had been sent to the Justices of the common Bench, they could not have proceeded upon the Tenor of the Record, but upon the Return sent, &c.

H 17 Eliz rot. 939.Nota. Cause certified into the Bench was removed by a procedendo, because the monies in the plaint amounted not to 40 s.

[Page 70]T 20 Jac rot: 3371. Brownlow, The Lord the King, &c. The Tenor of the Record and proceedings, &c. We send to you inclosed in these presents, and so recite the Certiorare, which is, we willing for certaine causes to be satisfied upon the Tenor of the Record, &c, and the plaint, &c, And now here, to wit, at Westminster, in Cr. Trin. that same Term came as well the said Plaintiff by T. R. his Attorney, as the said Defendant by F. M. his Attorney and the Writs and Return aforesaid being seen, and by the Justices here fully understood and examined, to the said Iusti­ces here it sufficiently appeareth, that the Court here upon the Tenor of the Record aforesaid cannot proceed, Therefore it is considered, that the said Mayor and Burgesses of the Burrough of N aforesaid, in the plaint aforesaid, according to the Law and custome of the Burrough aforesaid, at the prosecution of the said William, may proceed with effect, and to the parties aforesaid, full and speedy Iustice therein, according to the custome of the Court aforesaid, may exhibit, &c. betweene C. and A.

Ne Exeat Regnum.

Ne exeat RegnumM 7. H. 6. rot. 600. or 606. Security found that he depart not the Kingdome.

Nvsance.

Selde.M. 8. Car. Regis rot. [...] To the Sheriff of Middlesex, greeting, whereas of late we have made publick Proclama­tion (amongst other things) that none should erect any Walls whereupon [...] might be super added within our City of London, or the Subburbs of the same, or within the distance of three thousand paces, of any of the Gates of the same City, or from the Palace of Westminster, license from our Commissioners assigned to oversee the buildings in those parts not before had, Notwithstanding Thomas Ford late of the parish of Saint Andrew Holborne, in your County, Yeoman, contemning our commands, promulgated (license of our Commissioners not before had) in a certaine Feild in the Parish of Saint Clements Danes without Temple Bar London, Selde. on the south part of the ancient Inne called Clemants Inne, of a long time appointed for the Residence of men in­cumbent in the study of our Lawes, a certain wall to which [...] may be superadded of Brick, Lime, and Sand, to erect, and part of the same [Page 71] Feild intendeth to inclose as an ally or common place to bowle in, And the foundation of the same Wall hath now laid and more Brick Lime and Sand for further progresse in the same Wall hath here also put and hath ready, as it is said, and if that place should be also inclosed, It would happen that the Students of that Inn, incumbent in the same in the study of our Lawes with the Clamors and noise of men resortng to that place would be so much disturbed, that they could not Follow their Studies We (to observe our commands) and willing to regard the quiet and tranquility of the students aforesaid that they should not be diver­ted from their Studyes, Command you that you omit not for any liberty of your county but that you command the said Thomas on our behalfe that from further building of the wall aforesaid, he be altogether su­perseded and the wall begun and the Foundation of that wall by him in the place aforesaid put, he cause to be demolished upon the danger to follow. Test 19. Nov. Car. T. C. C. S.

Originall.

M 18. H 8. Rot. 2. ss.An originall Writ out of the Chancery at the Suit of the par­ty directed to the Justices of the Common Bench, to stify­ing that he is a Lord of the Parliament, & that they should make no other proces against him, onely such as are made a­gainst the Pee [...]s of the Land. The Lord the King sent to his Justices of the bench here his writ closed in these words, Henry the 8. by the grace of God, &c. To his Justices of the Common Bench Greeting we command you that if Edward Sutton of Dudly in the County of Staff. Knight be impleaded before you at the suit of any one in a personall action, you cause so to be made against him such Proces and no other in the action aforesaid, as ought against Lords Peeres Earls and Barons of this our Kingdom of England which ought to come to our Parliaments upon our summons or any of them as according to our Lawes and Customes of the Realm of England ought to be made, Be­cause we record the same Edward one of the Barones of our Realm a­foresaid coming to our Parliament, and this to you and every of you who are interested therein, we notifie witnesse our selves at Westminster &c. And it ought to be written upon the back of the said writ as follow­eth, It is inroled in the Bench in the Terme of S. Michael An. Regni R. H. 8. 18. Rot. 2. and ought to be Filed amongst the Records sine die &c. See the old Book of entries fo. 313. Title, Errour in utlawry 20. Ms 31. H. 6. Rot. 309. H. 1. H 7. Rot. 305. A servant of a Knight in the Parliament impleaded in the Bench brought his writ here out of the Chancery testifying it, and there upon the Justices Surcease, and the servant goeth thereof without day, &c.

Pardon.

Entry of the al­lowance of a uenerall pardon gpon an Utlary after judgment, wherein it ap­peareth by the Record that the Pl. is satisfied of his debt and damages. P. 3. [...] Eliz: rot: 1131. tiel. upon satisfaction gi­ven to the Ex­ecutor after the death of the te­stator. M 22 Jac: rot: 2781. e. Brownlow for Andrewes a­gainst Mason the like: but note, that the judgment was entred with Waller, and the pardon was pleaded with Mr. Brownlow chief Prothona­t ry. H: 44 Eliz. rot: 2550. the like but more gene­rall.T 19. I. Rot. 1887. Midd. ss. It was commanded the sheriff that he should not omit for any liberty of his county but that he should take F. T. late of, &c. Esq. utlawed in London die lun. prox. pro fest. &c. Ano. Regni &c. 3. at the Suit of F. W. in a Plea of debt wherof he is convicted, and him safely, &c. so that he might have his bo­dy here at this day to wit tres Trinitatis, &c. to do and receive what the Court of the Lord the King here shall consider of him in this behalfe, and now here at this day came the same F. T. By F. B. his at­torney, And saith that after the utlawry aforesaid against him the said Francis in Form aforesaid published and had by a certaine act in Parli­ament of the said Lord the King now held at Westminster in the county of Midd. 9. of February An. 7. amongst other things it was inacted and established by the authority of the same Parliament that all and singular the subjects of the said Lord the King aswell Spirituall as temporall of this Kingdom of England Walls Jsls of Jernesey and Garnsey and of the towne of Barwick their heires Successors executors, & administrators of them and every of them, And all and singular Corporations or Towns, incorporate, Cities, Burroughs, Counties, Ridings, Hundreds, Lath, Rape, Wapentacks, Townes Uillages, Hamlets, and Tithings and every of them and the Successors of them and every of them, by authority of the same Parliament should be acquitted pardoned, released and discharged a­gainst the same Lord the King his heires and Successors and every of them, from all Treasons and Felonies, Offences, contempts Trespasses, en­tries injuries deceipts, &c. As in the Act, and the same Francis Tunstall saith that the utlawry aforesaid against the same F. in Forme aforesaid published and had is not excepted and foreprised in the Act aforesaid and that he is and at the time of the making of the Act aforesaid & long before was a subject and Leige man of the same Lord the King now, borne under his obedience, to wit at Westminster aforesaid in the said County of Midd. And that he satisfied to the said Francis Waswell for the said debt of 401 l. which the same Francis White in the court of the said Lord the King here recovered against him as of the said 36 s. which to the same Francis White in the same Court of the King here were ad­judged for his damages which he had by the occasion of the detayning of the said debt as it appeareth in the Term of S. Hillary An. Rs. nunc 2. Rot, 1846. For which said debt and damages the same Francis Tunstal was at the suit of the said Francis White in Form aforesad utlawed and this he is ready to verifie where & When and as the Court of the Lord [Page 73] the King here shall consider, &c. Therefore it is not intended that the Lord the King now will impeach or charge the same Francis Tunstall by occasion of the utlawry aforesaid, whereupon he Prayeth judgment and that he may be discharged from the utlawry aforesaid, And because by upon inspection of the record of the same Terme of S. Hillary An. 2. abovesaid, It sufficiently appeareth to the said justices upon Record that the same Francis White is satisfied of the debt and damages aforesaid, Therefore the same generall pardon is allowed to the same Francis Tun­stall. And the same Francis may goe thereof without day, &c.

P 32. Eliz. Rot. 1131. Scot. Essex. Entrey of speciall pardon of an utlawry after satisfaction of the judgment; Note. Note. that the de­fendant came there by a Cepi Corpus and is committed to the Fleet, And then he pleads the pardon and the satisfact on, and prayeth that the pardon may be allowed and he set at larg, and it was don. P, 44. Eliz Rot. 1539. H. 19. Eliz. Rot. 424. Tiel.

H 8. Iac. Rot. Brownlow London. ss. R. T. utlawed An. 34: Eliz. Whereof he is convicted, at the suit of G. At 8.Pardon and re­lease of de­mands pleaded in the discharge of an Expostat. Pur. commeth and pleadeth the pardon de 39. Eliz. and sets forth that the utlawry is not excepted, &c. And that he is a Subiect, &c. And that the same Edw. after the utlawry aforesaid against the said R. in Form aforesaid publish­ed and had to wit 30. Jan. An. 37. Eliz. released all demands to the Defendant as by the said writing more fully appeareth and th s he is ready to verifie, &c. vnde non intendit Dom. Rex. &c. But because it is not knowne whether the writing of the release aforesaid by the same R. above pretended, be the deed of the said Edward or not, And because it is expedient and necessary that the said Ed. for his interest in this be­halfe be premonished before it be further proceeded in to discharg the same R. from the utlawry aforesaid according to the Form of the Act aforesaid, the sheriff is commanded that by the honest,Sci. fac. award­ed. &c. they make known to the said Ed. &c. 15 Pas. to acknowledg or gainesay the writing of release aforesaid, and also to shew if any thing, &c. wherefore the said Rob. ought not to be discharged from the utlawry aforesaid if, &c.

M 18. Jac. Rot. Brownlow Sussex ss. It was commanded the sheriff whereas Walter Covert Knight was summoned to be in the Court of the Lord the King now here to answer Ed, Culpeper Knight of a plea wherefore,Entry of a writ to make parti­tion, and parti­tion made ther­upon, and judg­ment therein. whereas the same Ed. and Walter together and und [...]vi­dedly doe hold 20. Mes. 6. mills 20. Gardens 2000. acres of land 500. acres of Meadow 1000. acres of Pasture 2000. acres of wood, 2000 acres of Furs and heath and 500. acres of land covered with water with the appurtenances in Balcombe, Tuck-feild, Slewham, Crawley, and Porth the [Page 74] same Walter to make partition thereof between them according to the Forme of the statute in such case provided, gainsayeth and unjustly per­mited not the same to be don and against the Form of the statute afore­said, And the same Walter in the Court of the King here well granteth that partition thereof be made, by which it was considered in the same Court of the Lord the King here, that partition should be made be­tween the parties aforesaid of the Tenements aforesaid with the appur­tenances, That taking with him 12. Free and lawfull men of the neigh­borhoods of B. C. S. C. and W. by whom, &c. he should come in his proper person unto the Tenements aforesaid with the appurtenances and in the presence of the parties aforesaid by the same Sheriffe to be premonished, if they will be present, the same Tenements with the ap­purtenance, by the oath of honest and lawfull men of his county, respect being had to the true value of the same Tenements with the appurtenan­ces, he should cause to be parted into two equall parts, and one part of the s [...]me Tenements with the appurtenances to the same Edward, and the other part of the same Tenements with the appurtenances residue to the same Walter to hold to them in severalty, he should cause to be deli­vered and assigned, so that neither the said Edward nor the same Walter may have more of the Tenements, aforesaid with the appurtenances then belongeth to them to have, and that the said Edward of his pur­part to the same Edward out of the tenements aforesaid with the appur­tenances hapning, And the same Walter of his purpart to the same Wal­ter out of the tenements aforesaid with the appurtenances hapning may severally apportion themselves and that partition by the same sheriff distinctly and openly made, he should make appeare here in Oct. S. Mich. under his seale, and the seales of them upon whose oath that par­tition shall be made, and that he should have here the names of them upon whose oath he should make that Inquisition, and that writ, And now here at this day came the same Edward by Robert Moyle his attor­ney and the sheriff to wit Nicholas Eversfeild Esq. now retorneth here a Certaine partition between the parties aforesaid of the tenements a­foresaid by the same sheriff before him by vertue of the writ aforesaid and according to the Form of the said writ by the oath of 12, &c. made which followeth Sussex ss. I. N. E. sheriff of the county aforesaid to the Justices of the Lord the King do certifie by vertue of a writ therein to me directed and to this schedule annexed the seventh day of August An. &c. 18.See the new book of Entries, title Partition, fo 411. such a form. took with mee I. F the elder I. F. the younger and ten others twelve Free and lawfull men of the Neighbourhoods of B. C. S. C. and W. in the same writ specified I came in my proper person to the tene­ments in the same writ specified, to wit to 20 Mess. 20. Gardens, 2000. acres of Land 500 acres of Meadow 1000. acres of pasture 2000. acres of Wood 2000. acres of Furze and heath and 500. acres of Land covered with water in B. C. S. C. and W. in the same writ mentioned, And there [Page 75] by their oath respect being had to the true value of the Tenements a­foresaid with the appurtenances in the presence of the parties in the same writ named by me the same sheriff premonished, the same Tene­ments into two equall parts with the appurtenances, I have made to be parted and one part of the Tenements aforsaid with the appurtenaces to wit one Capitall Messuage or mansion house called T. with the appur­tenances, &c. and so receite the parcells, &c. I have caused to be deli­vered and assigned to Edward Culpeper Knight in the same writ named for his purpart of the Tenements aforesaid to hold to the same Edward in severalty by himself as by meets and bounds they are now divided, And an other part of the same Tenements with the appurtenances that is to say one Messuage called the glovers house otherwise Gardners farm &c. And so receit the other particulars, &c.2. Part. I have c [...]used to be delive­red and assigned to Walter Covert Knight in the same writ likewise na­med for his purpart of the Tenements aforesaid, to hold to the same Walter in severalty by himself as by meets and bounds they are now di­vided, so that the same Edward of his purpart of the same Edward out of the Tenements aforesaid with the appurtenances hap [...]ing, And the same Walter of his purpart to the same Walter out of the Tenements aforesaid with the appurtenances in Form aforesaid hapning may seve­rally apportion themselves as by the same writ it was commanded to me, in Testimony whereof aswell I the same sheriff as the Jurors a­forsaid to this partition have severally put our seales the day and yeare abovesaid,Judgment that the pa [...]tion be held f [...]m amd stable. Therefore it is considered that the partition aforesaid be held Firm and Staple for ever. Note that at the retorn of this writ of partici­on Hickham the Kings Serjeant at Law and of councell with the defen. Sr. Walter Covert Knight came to the bar and moved that the partition might be quashed and that a new Writ to make partition might issue, For that the partition was not Legally made by the sheriff, And upon much debate in Court the 4, Judges Hobort, Warborton, Winch and Hut­ton ordered Sr. Walter Covert to pay to Sr. Edw. Colpeper 3500 l. for his part, wherewith the parties are agreed, and Sr. Walter Covert in joy­ed the lands aforesaid, and the writ was not Filed nor the judgment en­tred, but I added it to the partition because of the presedent.

Plur. Replegiare.

M 6. 7. Eliz. Rot. 423.Entry of a wr [...] of Plur. replegiare, Otherwise as it appeareth in the time of the holy Trinity An. 6. Regin. nunc, Rot. 621, It is thus contay­ned, Derb, ss. It was commanded the sheriff, that whereas of late the Qu. had more times commanded the said sheriff that instantly and without delay, he should make replevy to M. S. widow, a certaine oxe which E. [Page 76] T. and W. T. took and unjustly detayned, &c. Or the sheriff of the County aforesaid should be before the Justices of the said Lady the Queen here to wit at VVestminster in Oct. S. Mich. An. 4, Reg. nunc, to shew wherefore he contemned to execute the command of the Lady the Queen so often to him therein directed, And the same sheriff to the Justices of the said Lady the Queen here at the day of the retorne, that no other writ besides that writ came to his hands thereof, And that he could not deliver the oxe aforesaid to the said Margaret, For that the said E. and W. claimed the propriety of that Oxe by the command and to the use of Ralph L. his Master, The said Lady the Queen being unwilling that the said Margaret should be defrauded of the said Oxe by such a false retorne,Property claim­ed by the defen­dant of the goods distrain­ed. but being willing without delay to replevy him to the said M. If he should be Summoned according to the Law and custome of the Realme of the Lady the Queen of England, by her writ commanded the said sheriff, that taking with him the Keepers of the pleas of the Crowne of the said Lady the Queen in the presence of the said Marg. and of the said Ralph Edmond and W. by the same sheriff to be premoni­shed, if they will be present, by the oath of honest and Lawfull men of the county aforesaid by whom the truth of the matter may be the better knowne, he diligently inquire whether the propriety of the said Oxe should be to the said M. or to the said R. L. and if he shall find by that Inqisition that the propriety of that Oxe should be in the said M. then without delay he should replevy him to the said M. according to the Tenor of the command of the said Lady the Queen at other times to the said sheriff directed,A Writ of pro­prietate pro­banda award­ed. and should put by sureties and safe pledges the said Edmon and VVilliam that they should be before the said Justices of the said Lady the Queen here to wit at VVestminster in Oct. S. Trin. then next following to answer aswell the said Lady the Queen of the contempt, as to the said Margaret of the damages and injuries to her in this behalf don, and the said sheriff to the Justices of the Lady the Queen here at that day retorned that he took with him the Kepers of the pleas of the Crown of the said Lady the Queen, Property found in the Plaintiff, and that the Oxe is eloyned. in the presence of the Par­ties aforesaid by the oath of 12, &c. And made diligent Inquisition of and upon the premisses, by which it was found that the propriety of the Oxe aforesaid then and at the time of the taking of the same was the said Margarets, And that the said Oxe before the comming of the writ aforesaid, was eloyned and the said E. and W. to places unknowne to the said sheriff, so that he could not replevy the said Oxe to the said Margaret, Capias in Wi­thernam a­warded of the defendants Cat­tle. as by the said writ it was commanded him, &c. And the said sheriff also retorneth that the said E. and W. have nothing in his Bayliwick by which they could be attached, wereupon the said sheriff the said Lady the Queen now commandeth, that of other cattle of the said E. & W, to the value of the Oxe aforesaid before taken, he should take in Withernam, and deliver them to the said M. to hold to her un­till [Page 77] the said Oxe before taken should be retorned, and in as much, &c. he should make appeare here to wit at Westminster in Ost. S. Hil. An. 5. Eliz. The Lady the Queen also commanded to the said sheriff that he should take the said E. and W. if, &c. and them safely keep,Capias for contempt. so that he should have their bodies here at the same Terme to answer aswell the said Lady the Queen for the contempt of the said M. for damages and injuries to her in that behalf don, And the said Sheriff to the said Justi­ces here to wit at Westminster at the said 8. Hilli. retorneth, that the said E. and W. had no Cattle in his Bayliwick which he could take in Withernam, As by the said writ it was commanded him,Return that the defendants had no Cattle that could be taken in Withernam, and not to be found as to the Capias for contempt. nor were found in the same, whereupon the Queen commanded the said sheriff, as other times she had commanded him that he should take the said E. and W. if, &c. and them safe, &c. so that he should have their bodies here to wit at Westminster in 8. Pur. S. Mariae then next following to answer to the said Lady the Queen of the contempt aforesaid as to the said M. of the damages and injuries to her in this behalfe don, And the said sheriff, to the said justices here to wit at Westminster the said Oct. Pu. B. Mariae, retorneth that the said R. and W. were not found in his Bayliwick whereupon the said Lady the Queen commanded the said She. as more times she had him commanded,Capias awar­ded gene [...]ally. that he should take the same E. and W. if, &c, and safely, &c. so that he should have their bodies here to wit at Westminster 15. Pas. then next following, to answer aswell the said Lady the Queen of the contempt aforesaid as to the said M. of the damages and injuries to her in this behalf don,non invent▪ [...]e­ned. And the same sheriff to the said Justices here to wit at Westminster aforesaid at the said 15. Pas. retorned that the said E. and W. were not found in his Bayli­wick whereupon the Qu. commanded the said sheriff quod. exigi Fac. the said E. & W. from County to County untill, &c. if not,Exigent awar­ded. &c & if &c. then he should take them and safely keep them, so that he should have their bodies here to wit at Westminster in Oct. S. Mich. then next following to answer aswell to the said Lady the Queen of the contempt aforesaid as to the same M. of the damages and injuries to her in this behalfe don,adjornment of the time. at which said Oct. S. Mich. The plaint aforesaid was adjorned, by writ of the Lady the Queen, de Com. adjorna mento, Further adjor­ment. at Westminster untill Oct. S. Hil. then next following, At which day here to wit at Westminster the Plaint aforesaid was Further adjorned, by writ of the said Lady the Queen de Com. adjornamento, from VVestminster aforesaid unto the Castle of the said Lady the Queen of Hertford, Non mi. bre. in the county of Hertf. untill 15. Hilarii then next following, at which day before the said Justices of the said Lady the Queen at the Castle of Herf. the said sheriff sent not the Writ, whereupon the Lady the Qu. commanded to the said sheriff that he should of new put in exigent the said E. & W. from county to county untill, &c. they should be utlawed if not,Exigi fac. de Novo awarded. &c. then they should take them & them safely keep so that they should have their bodies here [Page 78] before the said Iustices at the said Castle of Hertf, in Octab. Sancti Tri. then next following,Adj [...]u [...]ment of the Terme, to answer as well to the said Lady the Queen of the contempt, &c. as to the said M. of Damages and injuries to her in this behalfe done, before which said Octob. S. Trin. the plaint aforesaid was adjourned by writ of the said Lady the Queen, De C. adjornamento, from the said Castle of Herford, unto Westminster aforesaid.

Plaintiff and Defendants ap­pear by Attor­nyes.And now here, to wit, at Westminster aforesaid, at the same day, to wit, at the said 8. S. Trin. came as well the said M. by T. H. her Attor­ney, as the said E. and W. by L. S. their Attorney, and hereupon the said M. declaring against the said E. and W. in the plaint aforesayd, complaineth that the said E. and W. the twenty fourth day of June An­no 4. Eliz, at O in a certaine place called B, took the said Oxe of the said M. price eight pounds,Count in reple­vin for cattell, and the value, &c. and that the Defendant may gage deli­verance. and him unjustly detained against sureties and pledges, &c. whereupon she said that, &c. damages twenty pounds and thereupon bringeth suit, &c. and prayeth that the said E. and W. may gage deliverance of the Oxe aforesaid, and the sayd E. and W. pray li­cense to imparle here untill 8 Mich. and have it, &c. the same day is gi­ven to the said M. here, &c.

And now here at this day, to wit 8 Mich. came as well the said M as the said E and VV. by their Attornyes aforesaid,Nil dicit. A writ to en­quire of dama­ges for taking the oxe awar­ded. Quere if it ought not to be also of the value, &c. and nothing in Bar or preclusion of the Action, &c. as in others untill, without defence, for which the said M her Damages by occasion of the taking and un­just detaining of the Oxe aforesaid against the said E. and VV. ought to recover, but because it is not known what Damages the sayd M. su­stained, by occasion of the taking and unjust detaining of the Oxe a­foresaid, the Sheriff is commanded, that by the oath of honest and lawfull men of the County aforesaid, he diligently enquire what Damages the said M. sustained, as well by occasion of the premisses, as for her costs and charges by her about her suit in this behalfe layd out, and the In­quisition which, &c. The Sheriff make appear here in 8 Hill. under his seal and seales, &c.

Entry of a plur, repleg. A. B. in homine repleg the Sheriff re­turneth that A is enlarged, &c. and a. Ca­pias in Wi­thernam of the body of the a­vowant awar­ded see F N B fol. 68. agreeth.M 32 H. 8. rot. 319. Essex. ss. The Sheriff was commanded as more times, that he should replevy A. B. Spinster, who E. L. took and taken, kept, &c. or that the same Sheriff should be here at this day, to wit, in Cro. Ani. to shew wherefore he could not execute the commands of the Lord the King to him so often therein directed, at which day, the sheriff, to wit, I. D. Esquire returned, that the same A. was enlar­ged to places to him unknown, so that he could not replevy her accor­ding to the Tenors of the commands to him therein directed, Therefore the Sheriff is commanded that he take the body of E. in Withernam, and cause him safely and securely to be kept, untill the same A. in forme a­foresaid taken, may be replevied, and if the same Sheriff can replevy the same A. that then the same A shall secure the same sheriff to prosecute [Page 79] her plaint, by return of her body, if return thereof shall be adjudged, then the same sheriff put by sureties and safe pledges, the same E. that he be here 15. Hillarii, to answer to the said A. of the taking and unjust detaining of the same A, and as well to the Lord the King of the con­tempt, as to the said A. of the Damages and Injuries to her in this be­halfe offered, and in as much, &c. the same sheriff should make appeare here at the same Terme, &c,

M 7 and 8 Eliz. rot. 1729. Fylmer. London ss. Entry of a writ of plur. Repl. See M. 7 & 8 El. rot. 245 pl. 67. Dyer, this case reported. H 12 H 6 rot. 316. It was commanded the sheriffs, whereas of late more times, the Lord the King had com­manded the same sheriffs, that justly and without delay they should cause to be replevied to William Hurst all the goods and chattells, which Richard Millers Knight, N.W. and I.S. took and unjustly detained, or would signifie the cause to the said Lady the Queene, wherefore they would not execute her command otherwise to the same sheriffs therein directed, or that they could not and the same sheriffs contemning the commands of the said Lady the Queen, to the same William have not re­plevied his goods and chattells aforesaid, or at leastwise hitherto have not regarded to signifie, to the said Lady the Queene the cause where­fore they would not or could not do the same, in manifest contempt of the said Lady the Queen, now and her commands aforesaid, and the immoderate Damage and greivance of the said William, wherewith the Lady the Queen is very much injured and moved,Return thereof Custome of the City of Lond. that when any goods are di­strained within the City, that they ought to be re [...]levied by plaint within the city, before the sheriffs to be levied, and not by a writ issuing out of the Chancery. Note Dyer fol. 246. That be­fore the statute of Marlebridge cap 21. The Sheriffs by the common Law could not make replevy without a writ. that Returne is not made to the said W. of his goods and chattells aforesaid, according to the Tenor of the commands of the said Lady the Queen, before to them therein directed, therefore let the same sheriffs be here at this day, to wit, in C. A. to shew, wherefore they have contemned to execute the commands of the said Lady the Queen, so often to them therein direct­ed, And now here at this day came the sayd W.H. by T. H. his Attorney, and the sheriffs, to wit, I.R. and I.H. to the Justices here, have certified That any Writ of the Lady the Queen to replevy any goods or chattells to the same W.H. besides the Writ aforesaid, to the same sheriff, or ei­ther of them was not delivered, and that the City of London is, and from the time whereof the memory of man is not to the contrary, was an an­cient City, and that within the same City is had, and from the time whereof the memory of man is not to the contrary, was had, accustomed used and approved, that whensoever any Cattell, goods, or chattells by the Law of the Land were replevyable, within any place of the Ci­ty aforesaid, or liberties thereof were taken, that then all such cattell, goods, and chattells, ought, and were accustomed by the whole time a­foresaid to be replevied, by the sheriffs, Ministers of the City aforesaid, for the time being, by vertue of a plaint in the Court of the sayd Lady the Queen and her progenitors Kings of England, held before the She­riffs of the City aforesaid, for the time being levied and not by writ of [Page 80] the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery, and also that all the customes of the City aforesaid, by Authori­ty of Parliament of the Lord E, late King of England, after the Conquest at Westminster, The Sheriffs are free men of London, and held by their oath to observe the customes of the City. the fifteenth year of his Reign held, were ratified and confirmed to the then Mayor and Comminalty of the same City and their successors, which said Liberties and free Customes of the same City, they the same sheriffs and freemen of the City aforesaid, before the purchasing of the said Originall Writ, and alwaies afterwards, hitherto being bound by oath have observed, and are bound to hold without any violation, for which causes, the sheriffs aforesaid could not replevy; the goods and chattells in the sayd Writ specified, or do Execution upon the sayd writ nor can at the present, but because it seemeth to the Court here, that the Return aforesaid,The Returne of the Sheriff vici­ous. in form aforesaid made, is as well in contempt and prejudice of the said Lady the Queen now, and of her Court, and also in Derrogation of her Crown and Dignity, and manifest Danger of her Dis-inheriting, and also that it giveth way and redoundeth to the immo­derat damage and greivance of the same W, and Delay of his suit, there­fore as before, the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattells aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed,Plur. repleg. a­warded. and in as much, &c. They make appear here in 8 Sancti Hillarii, &c. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term, to answer as well to the said Lady the Queen as to the same W, of and upon the premisses, further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalfe, and in as much, &c. The same Coroner cause to appear at the same Term, &c.

Pone.

Sheriffs returne upon a Pone adjudged void, for that he shew edssino the cat­tell in specie named in the Returne, See p. 3 El. Dyer fol. 199. pl. 54. Re­port of the case, 21 E 4 fol. 23. M. 18. H. 6. rot. 428.H 2. Eliz. rot. 191. It is recorded by the Court here, the third day of May, in the year of the Raign of the Lady Elizabeth now 3. That the Returne aforesaid, is vitious, invalid and insufficient in Law, for that there are no cattell named in Specie, in the Return aforesaid contained, for which the same Sheriff by vertue of a Writ of [...] was attached to be here at the said Octab. Pur. &c. where­upon no judgement by the Justices then here for any forfeiture to be made to the Lady the Queen upon the Attachment, by the Law of the Land ought to be given, nor is given as it appeareth above, and so the processe and extracts for the price or value of the Cattell aforesaid, to be forfeited, without Judgement and consent of the Court here, by the Officers of the same Court, without Warrant was made, &c. Quaere if not between Netherfall and Lawrence.

Priviledge.

H 45. Eliz. rot. 818. Brownlow, Lanc. ss. At the return of a Capias a­gainst a servant of the c [...]cife Cle [...]k of the Kings Bench, the servant came in person into the Court of Common Beuch, delive­red to the Ju­stices a writ of supersedias, & prayed the al­lowance there­of, that they would not hold plea, &c, A writ of pri­viledge for a servant of the cheif clark of the Kings bench It was commanded the Sherif that he should take John Wood late of Brenset in the coun­ty aforesaid, Yeoman, of, &c. and safely &c. so that hee might have his body here at this day, to wit, in Octab. Sancti Hillarii, to answer to T. L, in a plea wherefore with force and arms, one Messu­age, ten acres of Land with the Appurtenances in B. which Margeret Erlington widdow, to the same T. devised for a Terme, which is not past, entred, and him from his Farme aforesaid ejected, and other E­normities, &c. To the great Damage, &c. and against the peace, &c.

And now here at this day came as well the same T. by I. P. his Attor­ney, as the same John Wood in his proper person, and hereupon the same J W. brought here into the Court a certain Writ of the sayd Lady the Queen of Supersedeas, in the cause aforesaid closed, to them directed, The Tenor whereof followeth in these words, Elizabeth, &c. To our Beloved and faithfull Edmund Anderson Knight, and his Associates, Ju­stices of the same Bench greeting, As well of our Dignity, as according to the ancient Custome used and approved of in times past, hitherto ob­tained, That our cheif Clark of the pleas in our Court before us, ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints (pleas of Free Tenement only excepted) nor by the whole time aforesaid were accustomed.

And now in our Court here before us, on the behalf of John Wood, one of the servants of John Rooper Knight, our cheif Clarke assigned to Roll pleas, in our said Court before us, It is given us to understand, That one Thomas Lacke little regarding the custome aforesaid, the same I W by the name of I. W. late of B. in the County of Kent Yeoman, hath drawn into plea, of a plea wherefore with force and armes, one Messuage, &c. as above untill against our peace, &c. to the very great disprofit and greivance of the said I.W, and manifest infringement of the Liberties and priviledges aforesaid in our Court before us by the whole time aforesaid, hitherto used and approved, whereupon we are willing to provide him a fit & speedy remedy, & to observe the Liberties & priviled­ges aforesaid, for so long time used & infringed. We command you, that from further holding of the plea aforesaid before you, or compelling him the said I. W. further to answer before you in the plea aforesaid, ye be al­together superseded, saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will, [Page 82] Teste Iohn Popham at Westminster, the twenty fourth day of January Anno Regni nostri 45. Rooper, Which said Writ being read and heard, the same Iohn Wood saith, That he is, and at the day of purchasing of the Writ of the said T. Lacke, was servant of the said Iohn Rooper, Knight, Cheif Clarke of the said Lady the Queen, now assigned to enroll the pleas of the said Lady the Queen before the same Queen, and prayeth that the said Writ of Supersedeas, according to the Forme of the same Writ to be granted and allowed to him, and that the Justices here will not take Cognizance of the plea aforesaid against him, &c.

Counter plea to the writ of pri­viledge, that the Defendant is farmer of the said cheif clark, of dives lands, &c. and tra­verseth that he is a fervant to him, and abi­ding with him, attending in the office. Traverse.And the said Thomas saith, That the Court here, for any thing before alledged, ought not to be repelled from the having and taking Cogni­zance of the plea aforesaid, because he saith, That the said Iohn Wood, at the day of the purchasing of the Originall Writ of the same Thomas, to wit, the same seventeenth day of September, Anno, &c. 44. was Farmer of the same I Rooper Knight, of certain Lands of the said I. at B. afore­said in the said County of Kent, without this, that the same I W the same day of purchasing of the Originall Writ of the same T. or at any time afterwards was servant of the said I.R. Kinght, abiding with the said I. or attending the said I R in his affaires, in the Office aforesaid, and this he is ready to verifie as the Court shall consider, and prayeth the Supersedeas not to be allowed him, and that the Court would take fur­ther Cogn zance against him, &c.

Demurrer to the counter pleaANd the same Iohn Wood saith, That the said Plea of the said T. a­bove pleaded, to adnull the said Writ of Supersedeas, and also the matter in the same plea contained, are insufficient in Law to deprive the same I W. from having the said Writ of supersedeas allowed, or that the Court here should take further Cognizance against him in the plea a­foresaid, and that he to the plea aforesaid, in forme aforesaid pleaded, hath no need, nor by the Law of the Land is held to answer, and this hee is ready to verifie,Joinder in De­murrer. whereupon he prayeth Judgement that the said Writ of supersedeas according to the form of the said Writ, may be granted and allowed unto him, and that the Justices here would not take further cog­nizance against him in the plea aforesaid, &c.

And the same T. from whence he sufficient matter in Law to deprive the same I W from having the said Writ of super, and that the Court here should take further Cognizance against him of the plea aforesaid, hath a­bove alledged, which he is ready to verifie, which sayd matter the same I. W. doth not gainsay, nor any wise answer to the same, but doth alto­gether refuse to admit of the verification thereof, prayeth judgement if the said Writ of Supersedeas ought to be granted or allowed unto him, and that the Court would take Cognizance against him the said I. W. in the plea aforesaid, and because the Iustices, &c.

[Page 83]M. 9 Jac. rot. 705. ss. A Writ of pri­viledge allow­ed for one of the six Clarks of the Chancery. The Lord the King sent to his Justices of the Common Bench here his Writ closed in these words, James by the Grace of God, &c. To his Justices of the Bench greeting, Whereas the Masters, Clarks, and Officers of our Court of Chancery, and of our progenitors late Kings of Eng, and also their servants and familiars who­soever, to answer in our Court before you, or before any of our Justi­ces or Ministers, or other secular Judges whatsoever, besides before us in our Chancery aforesaid, upon any Writs, Causes, or Complaints, Tres­passes, Actions, or Demands, which concern not our person, (pleas of Freehold, Felonyes, and Appeales only excepted) according to the Ju­risdiction, Liberties, priviledges, and Customes of our Chancery afore­said, from the time whereof the memory of man is not to the contrary hitherto obtained, ought not to be drawn, compelled or imprisoned, nor hitherto were wont, And now we understand that W. S. Knight, doth im­plead in our Court before you Valentine Saunders Esquire, one of the six Clarkes of our Court of Chancery aforesaid, for 400 pounds which the same W. doth demand of the said Valentine, as it is sayd, in Deroga­tion of our Court of Chancery, and against the custome aforesaid, and because we will inviolably observe the Jurisdiction, Liberties, priviled­ges, and customes aforesaid, We command you that from further hold­ing before you of the plea aforesaid, by whatsoever name the same V. be reputed, you be altogether superseded, declaring to the sayd W. on our behalfe, that he follow against the same V. before us in our Chance­ry aforesaid, and no where else. If it seeme expedient for him, Teste &c. 9 November Anno 16. and 45. By pretext of which sayd Writ, the Rolls and other Memorables of the Court of the Lord the King here re­maining being searched, it sufficiently appeareth upon Record, that be­fore the same writ of supersedeas was delivered to the said Justices here, the same V was put in Exigent in the Hustings of London, to be outlawed at the suit of the said VV. in the plea aforesaid, which said writ of Ex­igent before the Justices here, is returnable in Octab. S. Hillarii, where­upon the same Valentine for his indempnity prayeth a writ of the Lord the King to be directed to the Sheriffs of London, to supersede the Ex­ecution of the said writ of Exigent, so that the same VV. at that day may shew if he can, wherefore the same Va the priviledge of the Court Chan­cery of the said Lord the King according to the forme and effect of the writ aforesaid, ought not to have, if, &c. and it is granted to him return­able here at the same Terme, &c. The same day is given to the said V. here, &c.

H Il. 1. and 2. Eliz. rot. 630. The like writ is allowed for a Chancery Clarke.

[Page 84]H 18 El. rot. 602 the like writ is allowed, T. 19. El. rot. 1213. H. 25. Eliz. rot. 2019, A writ of priviledge for a Prothonotaries clarke of the Kings Bench allowed in the Common Bench.

P 44 Eliz. rot. 1841. The Lord the King, &c. reciting the writ of pri­viledge for Richard Swaine Doctor of Lawes, one of the Masters of the Chancery. Teste Anno 44. and for that the plaintiff alledged nothing in court here wherefore the said writ ought not to be allowed him, therefore the plea aforesaid against the same R in the court of the King here, shall be no more attempted, &c. M. 11 H 7 rot. 133. T 5 Jac. rot. 750 P 18 Jac. rot. 1795. for M. P 13. Jac. rot. 2192. P 11 Iac. rot. 1368. P 36 Eliz. rot. 320 P 8 H 7 rot. 130. Allowance of a writ of priviledge, for T.S. his Clerke, one of the servants of our beloved clarke I.B. keeper of the Rolls of our chancery allowed, &c.

Entry of a writ of attachment of priviledge in the Common Bench for an at­torney of the same Bench in debt against 2 severall per­sons severally.M 19 Iac. rot. 2948 Brownlow, Lincolne ss. The Sheriff was comman­ded that he should attach T, B. clerk, and L E clerke, so that hee should have them here upon Satturday next, after the morrow of all Soules, to answer R, Clarke, Gent. one of the Attornyes of the court of the Lord the King of Common Bench here, according to the liberties and priviledges, &c. in a plea of Debt severally.

And now here at this day came the said Robert in his proper person, and offered himselfe against the said T and L in the plea aforesaid, and they came not, and the sheriff, to wit, T T Esquire, now returneth, that he by vertue of the writ aforesaid to him directed, tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready, as by the said writ it was commanded him,Cedi corpus returned. and because the same sheriff the bodies of the same T and L now here at this day hath not ready, therefore the same sheriff, to wit, the same Tho. T Esquire in mercy, &c. and he is fined by the Justices here at forty shillings, and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san. Martini the bodies of the same T and L whom, &c. to answer to the same Robert in the plea aforesaid, and the same sheriff to wit, T.T. Esquire, now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne, so languishing, that he could not have their bodies here at this day without perill of death, as by the said writ it was commanded him, &c.

And hereupon in the same Court of the King here on the behalfe of the said Robert, it is testified that the same T and L are sound and whole and able to travell, therefore it is commanded the same sheriff, that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary, bringing with him the same T and L whether they be found or infirme, to answer to the same Robert in the plea aforesaid, and [Page 85] that he omit nothing herein under the penalty of 20 l. which if he shall not do, the sheriff shall know, he is to loose, &c. Duces recum awarded under the penalty of 20 l.

Procedendo.

H 35. H. 8. Rot. 318. ss. A Procedend. awarded in a plea of lands to be removed out of an inferiour Court by Re­cordare. Whereupon the cause aforesaid being seen, alleaged by the same B. to remove the Plaintiff aforesaid & in the writ aforesaid above specified, It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B, of her mannor of B. with the Soke aforesaid, in the court of the same E. B. and upon the plaint aforesaid ought to proceed, &c. There­fore it is considered that the said Brian, notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before di­rected, he may proceed in the plaint aforesaid with effect, And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid, &c.

M 8. H. 4. Rot. 114.Procedendo. Rege incon­sulto. In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant, by act of Parliament, & that the Tenements of the demandant came to the Kings hands, and prayeth judgment, si Rege in consulto, &c. And the King sent his writ de procedendo therein directed to the Justices, that the Tenant plead de novo with the demandant, &c.

H 13. Jac. Rot. Brownlow London ss. A Procedendo after much de­bate granted upon a speciall return made upon a Hab. cor. upon the custom of Lon­don, concerning Prentices, their ages, and their Indentures be­tween them and their Masters. Indenture void, if the Prentice be not of the age of fourteen years when he was bound. An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice, &c. Test 28. Nov. 13. Iac. by H. Hobert, Execution, &c. ss. London ss. we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew. London do certifie that, &c.

Prohibition.

BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand,Prohibition to the Court of Stanneries in the County of Cornw for hol­ding plea of maters which contcern the Stanneries. Suggestion. That whereas by the lawes & statutes of the Realme of the Lord the King of England, it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall, or Keeper or Keepers of his place for the time being, may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries, and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries; never­thelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid, not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I, against the lawes of the Realm of the Lord the King of England, In the stannary court of the Lord the King of F, in the said county of C, before the Substeward of the Stann­ary Court aforesaid or deputy, or Keeper of his place in the Court aforesaid or any of them, in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon sup­posall that the said L. was receivour of the monies of the said I. C. the Fa­ther, and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M, to render an account thereof to the said I. C. drew into plea, And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses, and to answer the said C. of and upon the premisses, against the law of the land of the Realm of the Lord the King of England unjustly constrained by arrest of his body whereas in truth neither the said I. L. nor the said I. C. nor either of them at the time of the levying of the said plaint or any time afterwards hitherto was Tinner working in any Stannary worke within our Coun­ties of D. or C. And whereas in truth the account aforesaid doth not concerne any Tinner or matter or matters belonging to the said Stan­naries,Averment that neither Plain­tiff or Defen­dant were Tin­ne [...]. Averment that the account did not concern T [...]nning. and although the same I. L, the matter aforesaid by him above alleaged, before the said Warden Subwarden and steward often pleaded and alleaged in the Stanuary Court aforesaid, and offered to prove with inevitable truth and Testimony, Neverthelesse the said warden Subwarden steward Deputy or Keeper of the place would not admit of that plea or allegations, but altogether refused, and the same I. C. not­withstanding the plea alegation & probation of the said I. L. aforesaid in the premisses aforesaid the said I, L. before the said warden underwarden [Page 87] steward Deputy or Keeper of the place in the plea aforesaid to be con­demned, with his whole strength indeavoureth and tryeth from day to day in contempt of the Lord the King now, and manifest damage impo­verishment and greivance of the said L. and against the lawes of the Realme of England and this he is ready to verifie, whereupon the said L. humbly imploring the aide and munificence of the Court of the Lord the King now prayeth remedy and a writ of the Lord the King de Prohi­bitione to the said warden underwarden, &c. And to the said C. Coun­sellors Attornies and Solicitors of the said C. in this behalf whatsoever to be directed in Forme of law, to prohibit them and every of them, that they nor any of them proceed not further in the cause aforesaid, or any thing that concerneth the premss. in the court aforesaid, before the said Warden, &c. or presume to attempt any thing more in the cause a­foresaid in the court aforesaid which may give way to indamage the said I.L. or prejudice of the Law of the Lord the King now his Crowne or dig­nity and to him it is granted, &c.

Mich. 25. H. 6. Rot, 323. Prohibition without a cause depending against the Bishop of Winchester for excommunicating a man for serving a warrant of peace upon his Chaplain.

EAster. 44. Eliz. Rot. 1738. The like (Causa non pendente) out of the Court of Request, against the corporation of Myners.

THat this Prohibition (causa non pendente) being granted upon the motion of Serjeant Hele Justice Gawdy and Warburton Walmesly being absent,Nota. And at another day Justice Walmesly being present and Justice Gawdy being absent, Justice Walmesly said that the prohibicion lay not (Causa non pendente) And thereupon the Prohibition did not issue forth, though Warburton put his hand to it, Yet Gawdy and Walmesly denyed.

Quare Impedit.

H 12. H. 7. Rot. 315. Mordent. Leic. ss. Tho. and Eliz. his wife,In Quare Im­pedit, the Plaintiffs have a Writ to the Bishop upon the Bishops plea, after the death of the Patron. bring their writ of Q. Impedit to present to the Church of N. which is voyd, &c. And count in right of their Fee of an advou­son in grosse against W. Bishop of Lincolne I, G. Kt. and R. M. Clerk, issue upon the traverse of the advouson in grosse and judgment against the Bish. with a cessat, &c. and the plea depending, the patron & incum­bent dye, the Plaintiffs pray execution of the judgment against the Bish. and have it, &c.

Ravishment de Gard.

Ravishment de gard brought by the King, the Kings Attorney by force of the Letters Patents under the privy seal sealed Waives his is­sue, and saith, that the Defen­dant is not guilty, and judgment that the defendant go without day, the Kings right being saved.H 12. H. 7. Rot. 228. Mordant, Oxon. ss. the King brought his writ of Ravishment de Gard. against I. G. and A. his wife for Ravishment of Richard Son and heire of Edward Bockingham &c. the defendant Pleads non cul. and afterwards James Hobard attor­ney of the King and the Defendants come in their proper persons and the Kings Attorney Relicta verificatione, &c. by vertue of a certaine warrant, with the signe manuall of the said Lord the King signed direc­ted to the same James and shewed here in Court on the behalfe of the said Lord the King saith they are not guilty prout, &c. Therefore it is considered that the said Io. and Anne. goe thereof with­out day, &c. the Kings right being reserved, when at an other time therein she would speak, &c.

Retorn. Recordi.

Return of the Record sent to the Iustice at Lanc. to be tryed after triall in the Bench.AFterwards to wit upon Monday next after, tres Pas. next follow­ing the said C. came back here into Court in his proper person And Humphery C. Justice of the said Lord the King at Lanc. before whom, &c. sent the record and proceedings (cum toto facto suo) in the premisses, before him at L. in the county aforesaid had, in these words, Afterwards on monday in quarta septimana LX. before H. C. Iustice of the Lord the King at Lanc. came aswell the within named R. R, as the within named R. B. in their proper persons, And hereupon the same R. prayeth a writ of the said Lord the King of ve. fac. here 12.Ven. fac. a­Warded at Lanc. &c. be­fore the said Justice at L. &c. to trie the issue within written, to be di­rected to the sheriff of the county of Lanc. which was granted him, &c. wherupon it was commanded to the sheriff of Lan. that he cause to come before the said Justice at Lanc. upon Tues. quarta septimana XL. prox. next comming 12. &c. of the neighbourhood of C. by whom, &c. and who nei­ther,Return of the Ven. fac. &c. to recognize, &c. because aswell, &c. At which day here came the parties aforesaid, &c. in their proper persons, And E. S. Knight sheriff of the said county of Lanc. returned, before the Justices here, to wit at L. aforesaid the writ aforesaid in all things served and executed, together with the names of the jurors between the parties aforesaid im­panelled annexed to the same writ, which said jury being solemnly ca­led came not whereupon it is commanded to the said sheriff of Lanc. that he have before the said Justices here to wit at Lanc. aforesaid upon Wed­nesday Iury came not. [Page 89] in dec. quart Sept. 40. next coming, the bodies of the said Ju­rors between the parties aforesaid before impaneled, to make that jury, the same day is given to the parties aforesaid here, &c. at which day of Wednesday here to wit at L. aforesaid here, &c. came aswell the same R. as the same R B. in their proper persons, and the jurors of the jury aforesaid being called came, who being elected tried and sworn to speak the truth of the within contayned, said upon their oath, ut in Recordo, where upon the same Justices at L. pe [...]fixed a day to the parties aforesaid before the Justices of the Lord the King of the Common Bench at West­minster, Iustice at Lanc. prefixeth a day for the parties to be at West. to wit upon Monday n [...]xt after tres Pas. next to come to heare their judgment thereof, &c. therefore, &c.

AFterwards to wit in Oct. Mich. next following,Iudgment in Banco after is­sue tried in the county P [...]ll. of Lanc. upon a mittim of the record there. P: 4. & 5 P. & Ma. rot. 632. Iudgment in debt. here to wit at West­minster, which same day the same plaintiff and Defendant have by the prefixment of W, R. and N. P. Justices of the said Lady the Queen at L. to heare theire judgment here, &c. came aswell the said Plaintiff as the said Defendant by their attornies aforesaid, and the said Justices at L. sent here his record in these words, Afterwards, &c. whereupon the premisses being seen and by the justices here fully understood, it is con­sidered that the said plaintiff, recover against the said defendant his debt aforesaid And his damages to ten shillings by the jury here in Form a­foresaid assessed, and also 40 s. to the same plaintiff at his request for his costs and charges aforsaid, by the Court here adjudged of increase, which said damages in the whole do amount unto 50 s. and the Defen­dant in mercy, &c.

P 4. Eliz. Rot. 503. Brownlow ss. Entry of a Re­su [...]. in debt a­gainst an heir, he prayes the Plaint may cease till plea in age, and it was granted and after full age, a Resum. is awarded a­gainst a Baron and Feme. P: 8 Jac: Rot: 205. Satisfaction for part. It was commanded the sheriff whereas I. H. late of, &c. Spinster daughter and heire of D. H. Gent. lately called, &c. in the county of Cornwall Gent, late in the Court of the Lady Eliz. late Queen of England of the Common Bench was summoned to answer E. V. of a plea that she render to him 40 l. which shee then ought him and unjustly detayned for that, to wit, that whereas the said D. Father of the said Jane whose heir she is, in his life time to wit the 21. day of I. An. 22, Eliz, Reg. at L. by his certaine bill obligatory, which the said S. with the seale of the said D, Sealed in­to the said Court of the Queen brought the date hereof was the same day and year acknowledged himselfe to owe to the said S. 43 l. 16 s. to be paid to the said S. when he shall be thereof required, for which pay­ment well and truly to make the said D. had bound his heires & execu­tors by the same B. and the said D, in his life time of 96 s. thereof to the said S. afterwards satisfied, and that the said D. in his life time and the said Jane daughter and heir of the said D. after the Death of the said D. although often required the said 40 l. residue have not rendred but the same to him to render have gainsaid and the same I. to the said D, to [Page 90] render yet doth gainesay, as the said S. then said, The said I. appearing in the said Court of the said Lady the Queen said that she was within the age of 21.Plaint remain­eth untill, &c. yeares, And that she intended not, nor ought during her minority aforesaid to answer the said S. in the plea aforesaid, and pray­eth that the plaint aforesaid might remaine unto the full age of the said Jane, And because the same S. in the same Court of the Queen did not gainesay that it was considered that the said plaint should remaine untill the full age of the said I. as by the Record thereof in the court of the Lord the King here remaining manifestly appeareth, and whereas the said S. afterwards to wit the 23. day of I. An. Reg. nunc 3. came into the court of the Lord the King before his Justices,Averment of the full age of the Feme, and that she is mar­ried. &c. And said that the said Jane was of full Age, and that the said Jane after that the said plaint remained without day, and before the said 23. of Jan, An. 3. &c. abovesaid, to wit such a day and yeare, at L. had taken to husband one A. P. Gent. and is now marryed to the said A. Resummon by good summoners the same A, and I. his wife that they be before the Justices of the Lord the said King here at this day to wit, such a day to heare the re­cord & their judgment of the plaint aforesaid, & that he should then have here the summons and that writ, and now here at this day came the same S. by I. H. his attorney and offered himself the 4. day against the said A. and I. in the plea aforesaid and they came not,Nihil returned. And the sheriff to wit N, P. Esq. now retorneth that they had nothing in his bayliwick whereby they could be summoned, and hereupon it is testified in the said court of the Lord the K [...]ng here, that the said A. and I. have sufficient in the county whereby they may be resummoned,Testat resum­mons, Therefore the Sheriff of Devo. is commanded that he resummon by good summoners the said A. and I. of being here, 15. Trini. to heare their judgment in the plaint afore­said, the same day is given to the said S. here, &c.

Remissio Recordi.

The Record, re­mitted Justic. Lanc. upon a forraign Vou­cher. P: 26 H. 8. rot: 337.AFterwards the processe being continued between the parties a­foresaid in the plea aforesaid, by the Jury put therein between them, is respited here untill this day, to wit Oct. Mich. then next following, unlesse the Justices of the Lord the King assigned to take the Assizes in the County aforesaid by forme of the Statute, &c. on Munday at the Feast of Saint Lawrence next past, at Salop in the sayd County of S. first came.

And now here at this day came the same Executors by their Attorney aforesaid, and the same Justices of Assizes before whom, &c. sent here their Record in these words, Postea, &c. And because the Court of the King here cannot proceed further in the plaint aforesaid, therefore the [Page 91] said plaint is remitted to the Iustices of the said Lord the King of his County Palatine, to proceed in the said plaint, as of right, and ac­cording to the Law and Custome of the County Palatine aforesaid is to be done, &c. And it is sayd to the said F. F. Attorney of the said Exe­cutors, that the same Executors be before the Iustices of the Lord the King of his County Palatine of Lancaster, upon Munday in Quarta sep­quadrag next coming, to answer there in his plea aforesaid if, &c.

ss. BE it remembred, That T.E, Knight,H 25 H 8 rot. 121. Remissio re­cordi sent by the Justices of Chester into the Bench, to de­termine a for­raign voucher, and at a day in the Bench, the Tenants make default, and the cause for that was determined. Iustice of the Lord the King of Chester, the twenty third of J that same Term by vertue of a writ of the Lord the King to him directed, which followeth in these words, Henry the eighth by the Grace of God, King of England and France, and Lord of Ireland, to his Iustice of Chester, or to the Keeper of his place there greeting, Whereas T T in our Court, in our County aforesaid, had demanded against R. B. Esquire, T.W. and P. A. one windmill, one water-mill, &c, with the Appurtenances in N as his right and inheritance, and into which the same R.T.W and P. had to entrance, unlesse after the Demise which R.T. Knight, kinsman of the sayd T. T whose heir he is, thereof made to R. S. for a Terme which is past, and which after that Terme ought to revert to the said T. T. and the same R.T. and P. pleading in the same Court lately vouched thereof to war­ranty P.B. summoned in our County of Wilts. by the ayd of our court of Chester, because the same P. B. had no lands within our County of Chester aforesaid, by which he could be summoned, which said Warran­ty in our said Court of Chester for the cause aforesaid cannot be deter­mined, to the great Damage of the said T.T. and manifest hinderance of the obtaining of his Right, whereupon he hath besought us to provide him a fit remedy in this behalfe. We who are Debtors to exhibit Iustice to every one within our Kingdome, willing to do what is just to the said T.T. in this behalfe, Command you, that if it be so far proceeded in our Court of Chester, then the Record and proceedings therein with all things touching the same, to our Iustices of the Bench under your seal, you distinctly and openly send, and this Writ, so that they may have them at Westminster in Octab. Hil. prefixing the same day to the parties afore­said, that they may be then there to do and receive what shall be consi­dered in our Court there in this behalfe, that that warranty being deter­mined before our said Iustices in the Common Bench, the said Record and proceedings may be sent you, to proceed in the plaint aforesaid as of right, and according to the Law and Custome of our County of Che­ster is to be done witnesse our self at Westminster 6 November Anno, &c. 25,

ANd the said Iustice sent there the Record and proceedings of the said plaint, whereof mention is made in the sayd Writ annexed to the [Page 92] same Writ, the Tenor whereof followeth in these words, Pleas of the County of Chester, at Chester, before T. E. Knight, Justice of the Lord the King upon Thursday next after the Feast of Saint Iames the Apostle Anno H. 8. post Conquest. of England 25.

Count in Entre ad term. qui pret. in the County Pala­tine of Chester CHester ss. Thomas Torhet, by H. H. his Attorney in the Court of the Lord the King here, demandeth against R, B. Esquire, T W. and P A one wind mill, &c. with the appurtenances in N. as his right and inheri­tance, and into which the same R, T. W. and P. have no entrance, un­lesse after the demise which Robert S. Knight Kinsman of the said T, T. whose heir he is, thereof made to R. Scot for a Terme which is past, and which after that Term ought to revert to the same T. T. & whereupon he saith, that the said Robert, kinsman, &c. was seised of the Tenements a­foresaid with the Appurtenances, in his Demesne as of Fee, in the time of peace, in the time of Edward late King of England, the second after the Conquest, taking thereof the profits to the value, &c. and the same Robert being so thereof seised, demised those Tenements with the Ap­purtenances to the said Richard Scot for a Terme which is past, and from the same Robert the right descended, &c. to one Robert as son and heire, &c. and from the said Robert the son, the right descended to one Tho­mas as son and heir, &c. and by many descents the right came to Iohn, and from the said Iohn the right came to the said Thomas, who is now Demandant, as son and heir, &c. And which after that Terme, &c, and thereof bringeth suit, &c.

And the same R. B. T. W. and P. A. by T. B. their Attorney, come and defend their right when, &c. and pray licence thereof to imparl here untill the next County, to wit, untill Thursday next after the Feast, &c, next coming, and have it, &c. The same day is given to the said T. T. here, &c.

At which day, here came as well the said T. T. by his Attorney afore­said, as the same R. B. T. W. and P. A. by their Attorney here, &c. and hereupon the same R. B. T. W. and P. A. vouch thereof to warrant P. B. who hath no Lands or Tenements in the County of Chester, but all in the County of Wilts, and prayeth that the said Peter may be summoned in the County of Wilts. A forraigner vouched to warrant. by ayde, &c. and the said T. T. well alloweth the said vouchee, &c. let him have it, &c. And because their vouchee to warrant cannot be determined, in the said County of Chester, day is given to the parties aforesaid here, untill the next County, to wit, un­till Thursday next after the feast of the Translation of Saint Edw. next coming, &c. And in the mean time the writ of the Lord the King may be followed, if, &c.

At which day, further day is given to the parties aforesaid here untill the next County, to wit, untill Thursday next after the Feast of Saint Martin the Bishop next coming, &c. And in the mean time, &c.

[Page 93]At which day a further day is given to the parties aforesaid here, un­till the next County, to wit, untill Thursday next after the Feast, &c.

And further the said Justice C to the Justices of the Common Bench here, to wit, at W aforesaid returneth, That he by vertue of the writ aforesaid to him directed, prefixed a day to the parties aforesaid, at the said Oct. Hil. that they should be here to do and receive as that Writ in it selfe commandeth and requireth.

At which said Octab. Hill before the said Iustices of the Bench here, to wit, at Westminster aforesaid,Remandment of the plaint. came the same T. T. by R. Jenour his Attorney, and offered himself the fourth day against the said R. B. T. W. and P. A. in the plea aforesaid, and they came not, being solemnly cal­led but made Default, whereupon the default of the said R B T. W. and P. A. by the said Iustices of the Bench here being recorded, because the Court of the Lord the King cannot proceed in the plaint aforesaid in this behalfe, therefore the plaint is remitted to the Iustices of the Lord the King, Cestr. or keeper of his place there, to proceed in the plaint aforesaid, as of right, and according to the Law and custome of the county of Chester is to be done. And it is said to the said R. I. Attorny of the said T. T. that the same T. be before the Iustices of the Lord the King, Cestr or Keeper of his place there at the next County, to wit, upon Thursday in S. septimana quadragessimae, next coming, there to be held, to prosecute there his plea aforesaid, if, &c.

Secunda Deliberatio.

H 15. Eliz. Rot. 708.Entry of a w [...]it of second deli­verance after cattell were ta­ken in Wirher­nam, and the defendants attorney was compelled to gage delive­rance of the cat­tell taken in Withernam. Som, ss. It was commanded the Sheriff whereas T, P. Esq. was summoned to be here in the court of the Lady the Queen here to answer P. B. of a plea wherefore he took the cattle of the said Peter and them unjustly detayned against Sureties and privileges, &c. the same Peter afterwards in our said court here made default, for which it was considered here that he and his pled­ges to prosecut should be in mercy, &c. and that the said Thomas should goe thereof without day and should have retorne of his Cattle aforesaid. For which it was comanded to the said sheriff that he shall make retorn of the cattle aforesaid to the said Thomas, and should not deliver them at the complaint of the said Peter without a writ of the Lady the Queen that shall make expresse mention of that judgement, and in as much, &c. the said sheriff make appear here in 8. S. Michaelis, last past, &c.

At which day the sheriff then returned, That before the coming of the writ aforesaid, the Cattell were cloyned to places to him unknowne [Page 94] by the same Peter, so that he could not return them to the said Thomas as by the said writ it was commanded him, whereupon it was comman­ded the said Sheriff, that of the cattell of the said Peter, to the value of the cattell aforesaid, before taken in Withernam, he should take and de­liver them to the said Thomas, to hold to him untill he could returne the cattell aforesaid before taken, and that he put by sureties and safe pled­ges the said Peter, that he be here in Oct. Hill. then next following, to answer as well to the said Lady the Queen of the contempt, &c. as to the said Thomas for damages and injuries to him in this behalfe done.

At which day here came aswell the said T by I. W. his Attorney, as the said Peter in his proper person, and the Sheriff now returneth here, that he by vertue of the writ aforesaid to him directed, took in Withernam of the cattel of the said Peter one Mare and one colt to the value of the cat­tell of the said Peter before taken, and those cattell delivered to the sayd Thomas P. to be kept untill the cattell of the said Peter before taken, may be returned to the sayd T. P. as by the said writ to him it was com­manded,A writ of se­cond delive­ronce granted after a wither­nam. Defendant praies that the plaintiff may finde pledges as well to prose­cute as for his second delive­rance. and that he put the same Peter by pledges I D and R R. and hereupon the same Peter prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the contempt aforesaid, and is ad­mitted for three shillings and four pence, which the same P in the Court of the Queen here, by the command of the Iustices, here payd to Tho. Foster Clark of the Essoines of the Court here, for diverse reparations by him here in Court to be made.

And afterwards, to wit, at the said 8 Sancti Hillarii came here into the Court the said Peter by W. B. his Attorney, and by the statute, &c. prayeth a writ of the Lady the Queen De Secunda deliberatione, and it is granted to him returnable here, 15. Pas. &c.

At which day here came as well the said Peter as the said Thomas by their Attornyes aforesaid, whereupon the said Thomas prayeth that the said Peter may finde pledges as well to prosecute his complaint, as to re­turn the cattell first taken,Pledges given. if return of them should be adjudged, for that, that the Sheriff of the County aforesaid hath not received sufficient pled­ges of the said P upon the said writ of second deliverance, & hereupon the said P. here in Court found pledges as well to prosecute his complaint, as to return the cattell aforesaid before taken,The Plaintiff prayes that the Defendants Attorney may gage delive­rance of the Cattell taken in Wi­thernam. if, &c. To wit, the said VV B of S. in the County of Dorset, Gent. and VV B. of, &c. And hereupon the said Peter prayeth that the said I. VV. Attorny for the said T. P. may gage deliverance of the cattell aforesaid taken in VVithernam, and be­cause the Iustices will advise of and upon the premisses of making delive­rance, day is given to the parties aforesaid here, A die pas. in 15 dies, of heareing their judgement therein, because the Iustices here, not as yet, &c.

At which day here came as well the same P. as the same T. by their At­tornye; aforesaid, and because the Iustices, &c. untill Cro. Trin. At [Page 95] which day here came aswell the said P as the said Tho. by their attornies aforesaid whereupon the premisses being seen and by the justices here fully understood,The Court will advise. it seemed to the same Justices here that the said I, W. attorney of the said T. P gage to the P. deliverance of the Chattles afore­said taken in Withernam. Judgment that the Defendants Attorney gage deliverance for the Cattell ra­ken in Wither­nam. And whereupon the said I. gageth deliverance of the chattles taken in Withernam, and assumed upon himselfe for the said Thomas that the said Thomas should make deliverance of the Cattle aforesaid taken in Withernam to the same Peter about the Feast of S. Peter next following at C. in the county of Som. at the common pound there, under the panalty of 20 l, which said 20 l. the said I. W. acknow­ledgeth to be made of his lands and Chattles to be levyed to the use of the said P, The Attorney gives secu [...]ity in Court for his Client to deli­ver the Cattell aboue such a day. 25. E: 3. Gager 25 6 E: 4. 8. 1 H: 7. 11. 15 E: 3. Gager 4. accord that the attorney may gage if the Defendant appear by attorney. if it shall happen that the said T. P. not to make deliverance of the Cattle aforesaid taken in Withernam or the value of them, &c.

Scire Facias.

TRini. 9. Jac. Roll. 3510.Entry of a Sci­re facias upon a Recognizance against sureties in Replevin af­ter Averia e­longat. return­ed. Otherwise as it appeareth in Easter Term in the 9. yeare of the Reign of the Lord the King now Roll. 2982, it is thus contayned, London ss. It was com­manded the sheriffes whereas I. A. of the City of Coventry Taylor B, A. of L. in the county of N. clerk and W. S. of C. in the county of Warr, Gent. to wit the fift day of Ju being there in Trinity Term in the 7. yeare of the Reigne of the Lord now King of England, before Peter W. Knight one of the Justices of the said Lord the King of the common Bench at his chamber in Chancery Lane London in their proper persons undertook and every one of them did undertake for H. A. in the sum of 20 l. and the same H. A. then and there before the said Justices of the Lord the King in his own person undertook for himself in the summ of 40 l. that the same H. should cause to be retorned to David Harris certaine cattle of the same H. formerly taken by the same David and which were adjudged by the court here to the said David for the default of the said Henry, The Recogni­zance recited. See the statute West. cap: 2. 13. E: 1. if retorn of them to the same David by the court here should be adjudged, which said summe of 20 l. every one of the Manucaptors do acknowledg to be levied upon their lands and chattles And which said sume of 40 l. the same Henry acknowledgeth to be levi­ed of his lands and chattles to the use and behoof of the same David if it happen that the said Hen. make default in the premisses, & therof be law­fully convicted, which said recognizance in Form aforesaid taken, after­wards [Page 96] to wit the same fift day of July in the said Term of the holy Trini­ty in the seventh yeare of the Reigne of the Lord the Keng now of England abovesaid the said Justices of the same court of the said Lord the King before his then Justices with his owne hands delivered to be inroled upon record,Delivery of the Recognizance in Court to be inrolled. Count upon the second delive­rance. as by the record thereof remayning in the same court here manifestly appeareth, & wheras therupon the same David was attached by the writ of the said Lord the King de Sec. Delib. to be in the Court here to wit, at Westminster aforesaid to answer the same H. A. of a plea wherefore he (such a day and year) at W. in a certaine place there called Woodpark had taken the cattle (that is to say) 35. heifers of the same H. and unjustly detayned them against sureties and pledges untill,Avowry. &c. the same David in the said court of the said Lord the King appearing for a certaine reason by him alleaged, as Bayliff of G. C. Kt. well acknowledged the taking of the cattle aforesaid in the place afore­said to be just,Nonsuit of the Plaintiff for default of Bar to the Avowry. Return Haben. awarded. whereupon the said Henry afterwards although solemnly called in the same court of the said Lord the King came not, nor hath not further prosecuted his said writ, wherupon it was considered in the same Court here that the said Hen. and his pledges for prosecution should be in mercy, &c. And that the same David should goe thereof without day, &c. and that he should have retorne of the cattle aforesaid to hold to him for ever irreplevishable, whereupon the said Lord the King by his writ commanded the sheriff of Devon. that without delay he cause to be retorned to the said David the cattle aforesaid to hold to him irreple­vishable,Averia elon­gat. returned. and as much, &c. he should make to appeare here in Oct. Mich at which day the said sheriff of Devon. retorned to the Justices here, that before the coming of the said writ to him directed, the cattle aforesaid by the said Henry A. were conveyed to places unknown to him so that he could not make retorne of the same cattle of the said David and therefore the said Lord the King commanded the said sheriff of Devon. that of other Catles of the same Henry to the value of the Catle afore­said before taken,Capias in Wi­thernam away­ded. he should take in Withernam, and should deliver them to the said David, to keep by him untill the cattle aforesaid before taken could be retorned to the same David, and that he should put by sureties and safe pledges,N [...]lla averria returned. the said Henry that he should be here in Oct. S. Hill. aswell to answer the said Lord the King of his contempt as the same Da. of his damages & injuries in this behalf done. The same sheriff of Devon. at that day retorned to the Justices here, that the same A. H. had no Cattle in his Bayliwick,Sci: fac: against the party and Manucaptors severally. which he could take in Withernam, according to the Exigency of that Writ, and that the same Henry had nothing in his Bayliwick by which he could be attached, as by the record and procee­dings in the same court here remayning doth manifestly appeare, And be­cause, &c. That by honest, &c. it should be made known to the said I. B. W. and H. that they should be herein Oct. Pur. to shew if any thing &c. wherefore the same David ought not to have execution against the [Page 97] same I. for the said 20 l. by him in Form aforesaid acknowledged to be levied of his lands and chattles and against the said Bartholomew for the said 20 l. by him in Form aforesaid acknowledged to be levyed of his lands and Tenements, and against the said William and others as before,The Plaintiff offiers himselfe against the De­fendant. &c. according to the Form of the Recognizance aforesaid if, &c. And now here at this day came the same David by R, R. his attorney & offered himself the 4. day against the said I. B, W. and H. in the plea aforesaid and they being solemnly called came not & the sheriffs of Lond now re­turn that the same I. B. W, & H. have nothing,Nichil returned nor any one of them hath any thing, nor are found, nor any one of them is to be found, &c. There­fore as before it is commanded the said sheriffs of London that they should make known to the said I. B. W. and H. that they be here 15.Alias Sci: fac: awarded. Pas. to shew in Form aforesaid and now here at this day came aswell the same David by his attorney aforesaid as the same I. B. W. and H. by H. W. their attorny,Plaintiff and Defendant come by attorny. And there upon the same David prayeth execution a­gainst the same John for the said 20 l. by him in Form aforesaid acknow­edged to be levyed of his lands and Chattles and against the same Bartholomew for the said 20 l. &c. and so against the rest severally, And the same I. B. W. and H. pray liberty to imparle untill Cr. Tri. and have it, &c. The same day is given to the same David here, &c.Execution pray­ed severally.

PAsch. 9. Jac. Roll 349. Walter, Devon. ss. It was commanded the sheriff because in the record and proceedings,Scire facias af­ter a judgment reversed in a writ of false judgment upon a Record in Detinue. and also in commen­cing of a certain plaint which was in the hundred of N. C. Esquire of N. without writ of the Lord the King between I. C. W. H. in a plea of de­tinue of corne which the same I. C. demanded of the same W. a writ of false judgment was given against him in the said plaint as the King is in­formed by the grievious complaint of the said William and as by the inspection of the Record & proceedings, in the cause aforesaid which the said Lord the King now, caused to be brought before his Justices at West­minster sufficiently appeareth that false judgment was given against the same William in the plaint aforesaid, For which in the Court of the Lord the King now here before his said Justices it was considered, that the judgment aforesaid should be revoked, nulled, and altogether taken for nothing,Judgment re­versed. And that the same William should be restored to all things which he had lost by occasion of the judgment aforesaid, Notwithstan­ding because the said Io. Clerk after the judgment aforesaid in the hun­dred aforesaid given, and by force thereof, and pretence of a certaine ju­diciall precept, issuing out of the hundred caused to be don and levyed upon one Cow of the same Willam 39 s. 11 d. for the value of the said Corne, to wit, for eight bushels of Rye and 12 d, to the same Iohn for his costs and charges which he had and sustained by the occasion of the detention of the corne aforesaid, in the hundred aforesaid adjudged, [Page 98] And thereupon the said Cow was sold by which occasion the said Iohn Clark of the said 39 s. 11 d. for the value of the said corne and of the said 12 d. for his costs and charges aforesaid in the hundred aforesaid, by vertue of the judgment aforesaid recovered, was and is satisfied, as by the relation and information of the said William the Lord the King is informed and understands, And because, &c. that by honest, &c. he should make knowne to the said I. C. that he should be here at this day to wit, Men. Pas. to shew if any thing, &c. Wherefore the Cow a­foresaid or the value of the same, or the said 10 s, and 11 d. in Form a­foresaid recovered,Scire facias to have restitution ought not to be restored and repayd unto the said William according to the Form and effect of the said judgment in the said Court of the said Lord the King now in Form aforesaid if, &c. And now here at this day came the same W. H. by R. S. his attorney and offered himselfe the 4 th. day against the said I. C. in the plea aforsaid and he being solemnly called came not and the sheriff now retorneth that he hath nothing,Alias Sci. fac. awarded. &c. nor is to be found, &c. Therefore as before it was commanded the sheriff that by honest men, &c. he shall make known to the said I. C. that he be here in Cr. Trin. to shew in Form aforesaid, &c.

PAas. 13. Jac Rot. 774. Brownlow Civit. Covent. ss. It was comman­ded the Coroners of the City aforesaid whereas the King had com­manded the late sheriff of the City aforesaid that of the lands and chattls of H. L. late of D. in the county of Cest. Gent. in their bayliwick they would cause to be made aswell a certaine debt of 150.Scire facias directed to the Coroners and Sheriffs both, to levy a certaine debt upon a fi. fac. and not payed to the party at the re­turne of the fi. fac. l. which H, S. in the Court of the King here, to wit, at Westminster recovered against him as 30 s. which to the same H. in the same Court of the King here were adjudged for his damages which he had by occasion of detayning of that debt and that they should have those monies before the Justices here, to wit, at Westminster 15. Marti. last past to render to the said Humphery for his debt and damages aforesaid whereof he is convicted, at which day here to wit, at Westminster aforesaid came the same H. by G. B. his at­torney, and the sheriffes to wit, T. L. and I. B. then retorned that they by vertue of the said writ to them directed, of the Chattles of the said H. have caused to be made 125 l. parcell of the debt and damages aforesaid which said 125 l. here, to wit, at Westminster aforesaid at that day they have ready, notwithstanding the same sheriffs the said 125 l. had not here in Court of the Lord the King at that day nor have satisfied the same Humphry for the said 125 l. as by the information of the said H. to the King was made known, and because, &c. that by honest and, &c. they should make knowne to the same T. and I, that they should be here at this day, to wit, 15. Pas. to shew if any thing, &c. wherefore the same H execution against them for the said 125 l. by them in Form afore­said levyed ought not to have, &c. if, &c. And now here at this day [Page 99] commeth the said H. by his attorney aforesaid and offered himself the 4 th. day against the said T. and I. in the plea aforesaid, and they be­ing solemnly called came not, and the Coroner, to wit, W. F. now retorneth that he by vertue of the Writ aforesaid to him directed by F. N. and T. W. honest, &c. made known to the same T. and I. to be here at this day to shew in Form aforesaid, &c, therefore it is conside­red that the said H. have execution against the same T. and I. for the same 125l. by them in Form aforesaid levyed, by default, &c.

LOndon ss. Pasch. 11. Jac. Rot. 620.The entry of a Sci. fac. upon a generall pardon Capias ut la­gat. Brownlow ss. It was com­manded the sheriffs that they should not omit for any liberty with­in their Bayliwick but that they should take H. H, late, &c. otherwise called, &c. utlawed in London next before the Feast of St. Dunston the Bpp. An. primo, &c at the suit of G. E. in a plea of debt if, &c. and him in safty, &c. so that they should have his body here at this day to wit, 15. Pas. to do and receive what the Court of the Lord the King here shall consider of him in that behalf, and now here at this day com­eth the said Henry by W. C his attorney and sayeth that after the utlaw­ry aforesaid against the said Henry had and published by a certain Act in Parliament of the said Lord the King now by continuance held at West­minster in the county of Midd. the 9 th. day of Febru. in the seventh yeare of the Lord the King now (amongst other things) it is inacted & established by authory of the same Parliament that all and singular sub­jects of the said Lord the King aswell spirituall as temporall of this king­dom of England Wales the Islands of I. and G. and the Towne of Bar­wick the heires, successors, executors, and administrators,Pardon pleaded of them and every of them, and all and singular corporations in any wise incorpora­ted Cities, Borroughs, Counties, Rideings, &c. and every of them, And the Successor, and Successors of them and every of them by the au­thority of the same Parliament should be acquitted pardoned released and discharged against the said Lord the King his heires and successors and every of them of all Treasons, Felonyes, offences, contempts, Tres­passes, entries, injuries, deceipts, misdemeanors, penalties, Summes of monies Punnishment by death, corporall punishments, and pecuniary, and generally from all other things, causes, compl [...]ints, suits, judgments and Executions, in the statute aforesaid (not excepted nor Foreprised) which by the said Lord the King by any meanes or in any other manner could be pardoned, before and untill the 9. day of November then last past before the making of the said Act to every or any of his subjects, Corporations, incorporat Cities, Burroughs, &c. or any of them yet so notwithstanding that every person utlawed, shall prosecute his writ of Scire Facias, against such party or parties at his or at whose Suit he or they were utlawed, before the pardon in such case be allowed to the party utlawed, as in the same Act is more fully contayned, and the said [Page 100] Henry, further saith that the utlawry aforesaid is not excepted nor Fore­prised in the same statute,Averment that the Utlary is not Averment that he is a Subject. and that he is and at the time of the making of the said Act, and long before, was a subject and leige man of the said Lord the King now, born under his obedience, to wit, at London in the parish, &c. and this he is ready to verifie, where when and how the Court of the Lord the King now shall consider thereof, whereupon it is not intended that the said Lord the King will impeach the said Henry by occasion of the utlawry aforesaid whereupon he prayeth judgment that he may be discharged from the said utlawry, and because it is expedient and there is a necessity that the same Griffin should be premonished for his interest in this behalfe before the discharging of the same Henry from the utlawry aforesaid, be further proceeded in, according to the Form of the staute aforesaid, The sheriffs are commanded that by honest, &c. they make knowne to the same G. that he be here in Cr. Ascen. Dom. to prosecute against the same Henry his plea aforesaid if, &c. at which day came the same Henry by his attorney aforesaid and the sheriffs,Sci: fac: awar­ded. Sheriffs returne Sci: fac: Mercy. to wit, E. R. and A. P. now retorne that they by vertue of the writ aforesaid to them directed by I. W. and R. G. honest, &c. made knowne to the same G. of being here to this day to prosecute in Form aforesaid & he the fourth day of the plea being solemnly called came not; nor any whit fur­ther prosecute his said Writ, therefore he and his pledges are thereof in mercy, let the names of the pledges be inquired of, And that the said Henry goe thereof without day,Generall Par­don allowed. &c. and that the generall pardon aforesaid be allowed him, &c.

Count in debt upon a Sci: fac: upon the gene­rall pardon. PAsch. 12. Iac. Rot. Brownelow, retorn. Mense Pas. to follow in Form aforesaid, &c. and now here at this day, to wit, Mens. Pas. came aswell the said William by his attorny aforesaid, as the said Tho. by R. D. his a torny and the sheriffs as before, now retorneth here that he hath nothing, &c. nor is to be found, &c. And hereupon the same Tho. declaring against the said Will. upon his originall writ in the plea aforesaid, said that the said W. had not rendred to the said T. 20 l. which to him he oweth, and unjustly detayneth, &c. for that, to wit, that whereas the said W. the 20. day of Octo. An. &c, 3. at London in the parish and ward aforesaid by this certaine writing obligatory gran­ted, &c.

M 1. and 2. Eliz. Rot 1248 in a Scire facias against B. and A. upon a Recognizance, one of the defendants is alleaged to be, dead, and one other processe against him, and the others prayeth impar­lance;

[Page 101]ss THe sheriff was commanded whereas R. C. and I. his wife in the Court of the King here had recovered against I. H, Sci: fac: against a Tenant by E­legit, and part of the monie le­vied, the Te­nant against whom the exe­cution was brings the resi­due, and a re­delivery awar­ded. 68 s. for their damages which they had by occasion of the detaining of the dower, of the same I. of the Tenements in N. of the indowment of I, Son of I. H. her late husband as by a certaine Jury of the country before the Justices of the King assigned to take the assize in the county aforesaid, such a day and yeare, at Wigo. thereof between them Summoned and taken, was convicted, and the same R, and I. came afterwards into the court of the Lord the King here, and chose to be delivered to them all the goods & and Chattles of the said I. H. besides the Oxen and Cattles of the Plough and likewise the moyety of all his lands, and Tenements in his Bayli­wick, to hold as their free Tenements to them and their assignes accor- to the Form of the statute in such case provided untill 68 s. for the da­mages aforesaid should be thereof levyed whereupon the King comman­ded them, that al the goods and chattles of the said I. H., besides his ox­en Cattle of the Plough, and likewise the moyety of his lands and Tene­ments in your Bayliwick without delay you cause to be delivered to the same R. and C. by the resonable price and extent to hold to them and their assignes as their Free Tenement in Forme aforesaid untill 68 s. for their damages aforesaid should be thereof Levyed, and in what sort,Elegit awarded Return of the Elegit. &c. should be made Known here such a day, &c. the same sheriff to the justi­ces of the King here at that day retorned a certaine extent taken before R. T. Bayliffe of the liberty of the honorable. Epi. Wigor. of O. at N. on Saturday such and year, &c. by vertue of the retorne of a certain writ of the Lord the King [...] to him, by him thereof directed, by which it was found that the same Bayliff by vertue of the retorne of the writ of the Lord the King aforesaid delivered to the same R. and I. the moyety of all the Lands and Tenements which the same I. had in his Bayliwick, to wit, the third part of one Messuage and 40. acres of Land with the appurtenan­ces in N. which said third part is worth by the yeare 4 d. and the said 40. acres of land are worth by the yeare 5 s. to hold to them and their assignes as their Free Tenement untill the said 68 s. should be thereof levied and although the same R. and I. 10 s. 8 d,Tender of the residue of mo­nies by the de­fendant. Refusall by the Plaintiffs to ac­cept it. out of the tenements aforesaid have now leyyed, as by that extent it manifestly appeareth, and the same I. H. the whole residue of the said 68 s. to wit 49 s. 4 d. is ready to pay notwithstanding the same R. and. I. have hitherto refu­sed to receive that money, as by the information of the same I. H. there the King is given to know, Therefore the Bayliff is commanded that by honest, &c. he make known to the said R. and I. that they should be here at this day, to wit, in Octo. Mich. to shew if any thing, &c. where­fore the same R. and I. ought not to be satisfied with the same 49 s. 8 d. and the Tenements aforesaid to them before delivered, they ought not to be redelivered to the said I, H. if to them it seemed expedient and [Page 102] now here came aswell the same I. H. in his proper person as the same R. and I. by R. W. their attorney,Monie brought into Court. and the sheriff retorneth that he made known to the same R. and I. of being here at this day in Forme aforesaid by R. B. &c. honest, &c, and hereupon I. H. bringeth here into court 8 s. 8 d. ready to render the same R. and I. if, &c. and prayeth delivery of the Tenements aforesaid,Satisfaction. &c. whereupon it is requested of the same R and I. if they have or know any thing to say for themselves,The monies are paid in Court to the Plaintiff. and the Court awarded a re­deliverance to be awarded to the Plaintiff. wherefore they ought not to be satisfied with the money and to redeliver the Tene­ments aforesaid to the said I. H. who say that not, and hereupon the said 53 s 8 d. is delivered to the said R. & I. And it is considered by the Court that the said I. and H. shall have delivery of the Tenements aforesaid first delivered to the same R. and I. out of the hands of the same R. and I and that they goe thereof without day, &c.

SEe 21. E. 3. f. 1 Plaintiffe 1. A Scire Facias awarded in Aide. 21. E. fo. 20. Pl. 21.

ss. IT was commanded the sheriff whereas I. C. Gent. lately it the Court of the Lady Eliz. late Queen of England here, to wit, in Easter in the 36.Entry of a Sci fac. by an ad­ministrator a­gainst an execu­tor. H. 2 Jac. rot. 1613. yeare of her Reigne before E. A. Knight and his as­sociats then Justices of the said Lady the Queen of the common Bench here by the consideration of the same Court recovered against R. W. late of, &c. aswell a certaine debt of 200 l. as 6 l. which to the said I, in the same Court were adjudged for his damages which he had by occasion of the said debt whereof he is convicted as by the record and proceedings thereof in the court of the Lord the King here remaining manifestly ap­peareth, execution notwithstanding of the said judgment yet resteth un­don. And aswell the said I as the said R. W. are dead, as by the informa­tion of R. C. Gent. administrator of the goods & Chattles which were of the said I. C. at the time of his death the King understandeth, And be­cause, &c. that by honest, &c. It be made knowne to P. R. executor of the Testament of the said W. that he should be here at this day, to wit, (in Cr. Ascen. Dom.) to shew if any thing, &c. wherefore the debt and damages aforesaid of the goods and chattles which were of the said W. at the time of his death in the hands of the said P. R. to be administred ought not to be made to the same I. according to the Form of the re­covery aforesaid if,The Plaintiff shewes the Let­ters of admini­stration, and prayes execution. &c And now here at this day came aswell the said R. by H. H. his attorney by the said P. premonished by A. B, his attor­ney, and the Sheriff now retorneth that he made knowne to the said P. of being here at this day, by G. D. and D. E. honest, &c. to shew in Form aforesaid, &c. And hereupon the same R. saith that the said I. C. died intestat and that the administrators of all the goods and Chattles which were of the said, at the time of his death, by I, by Divine provi­dence, &c. was committed, And he bringeth here into the Court the [Page 103] Letters Administratory of the said Arch-Bishop, which the Commission of the Administration aforesaid, in forme aforesaid testifie, &c. and prayeth Execution against the said P. of the Debt and Damages afore­said, of the goods and chattells which were of the said I. C. being in the hands of the said P at the time of his death, to be administred, to him to be adjudged, &c.

AND the said P. saith,Defendant con­fesseth assets to 40 s. and tra­ [...]erseth that a­ny other goods of the Intestate besides &c. came into his hands, &c. T 19 Jac rot. 2892. That the said R Execution against him of the D [...]bt and Damages aforesaid of the goods and chattells which were of the said W at the time of his death in the hands of the said P to be ad­ministred, ought not to have, because he protesting, saith, that the said W after the judgment aforesaid against him in Forme aforesaid had, at L aforesaid, dyed intestate, and that diverse goods and chattells which were of the said W at the time of his death, to the value af Forty shillings, af­ter the death of the said W. into the hands and possession of the said P. came, and that the same P. the said forty shillings about the Funerall of the said W. after the death of the said W. expended, without this, that any other goods or chattells which were of the said W. at the time of h s death, besides the goods and chattells to the value of forty shillings, ever came to the hands and possession of the said P. after the death of the said W. and this, &c. Judgement if Execution, &c.

AND the said R. saith,Peplication that he had more assets at tue Teste of the Writ, &c. to the value of the debt, &c. and issue thereupon. That hee by any thing before alledged from having his Execution aforesaid, of the Debt and Damages aforesaid ought not to be barred, because he saith, that the said P. the day of the obtaining of the writ of Scire facias aforesaid to wit such a day and year, had diverse goods and chattells which were of the same W at the time of his death to be administred, to the value of the Debt and Damages a­foresaid above recovered, besides the goods and chattells to the value of forty shillings, which came to the hands of the said P. after the death of the said W. whereof the same P. might have satisfied the said R. of the Debt and Damages aforesaid, to wit, at S. in the County aforesaid, and this he prayeth may be enquired of, by the Country, and the same De­fendant, &c. Therefore the Sheriff is commanded, that he cause to come, &c.

THe Jury say upon their oath,Verdict that he had assets to 30 l. at the Te­ste, &c. over [...] &c. and no more, &c. as to thirty pounds of the within written two hundred and six pounds parcell, that the said P. the day of purchasing of the said Writ of Scire facias, to wit, such a day and year, had diverse goods and chattells which were of the within named W at the time of his death and in his hands to be administred, to the value of the said thirty pounds, besides the goods and chattells to the value of the said Forty shillings, which came to the hands of the same P. after the death of the same W to be administred, whereof the same P might have [Page 104] satisfied the said R. of the said thirty pounds,Verdect for the Defendant. to wit, at S aforesaid, as the same R hath thereof within alledged, and as to the seventy foure pounds of the within named two hundred and six pounds residue, the same Iury say upon their oath, That the same P. the day of purchasing of the Writ of Scire facias, to wit, such a day and year, had no Lands or Chattells which were of the within named W. at the time of his death in his hands to be administred, to the value of the said one hundred seven­ty four pounds, beside the goods and chattells, to the value of the said forty shillings,Judgement. which came to the hands of the said P. after the death of the same W. whereof the same P. could satisfie the same R. of the said one hundred seventy four pounds, to wit, at S. in the County aforesaid, as the same P. thereof within alledged, therefore, &c. search the Judgment with Mr. Brownlow.

Entry of a Sci: fac: against an executor of one Manucaptor, of three Manu­captors upon a Recognizance of baile upon an arrest in debt, &c.P 1. Jac. rot. 817. Middlesex ss. It was commanded the Sheriff, where­as by I R of B, &c. H D of C. &c. and T. M. of C. &c. of late, to wit the twentieth day of Aprill, Anno 41 Eliz. before E. A. Knight, cheife Justice of the Court of Common Bench of the said Lady the Queen here at his dwelling house in the Charterhouse neer London undertook, and every of them did undertake for M. T. late of London, &c. otherwise called, &c. in the County of Somerset Gent. in one hundred and fifty pounds. And the same Morgan then and there assumed for himselfe in three hundred pounds and if it should happen the same M in a certain plea of Debt, upon Demand of one hundred and fifty pounds against the same M by one Elias I in the said Court of the Lady the Queene of the Common Bench,Recitall of the recognizance. here prosecuted in any lawfull manner to be con­vinced, and Judgement for the same E in the plea aforesaid, against the said W. in the said Court to be given, that then the same M. the said Debt of one hundred and fifty pounds and also all Damages to the said E by occasion of the detaining of the said Debt, in the same Court of the late King against the same M in any manner to be assessed or adjud­ged, would satisfie and render, which said one hundred and fifty pounds the same I H and T M severally acknowledge to be made upon their Lands and Chattells, And which sayd three hundred pounds the said M acknowledgeth to be likewise made of his Lands and Chattells, and to Be levied for the use of the said E if it should happen the same M con­trary to the Manucaption aforesaid in any manner to make Default, And although the same E afterwards,Judgement a­gainst the prin­cipall Hil. 42 Eliz: to wit in the Terme of Saint Hillary, Anno 42 Eliz. before E. Anderson Knight and his Associates, then Ju­stices of the said Lady the Queen of the Bench aforesaid, by considerati­on of the same had recovered against the same M. as well the same one hundred and fifty pounds at the same forty shillings which to the same E in the same Court of the Queen here were adjudged for his Damages, which he had by occasion of the detaining of that Debt whereof hee is [Page 105] convicted, as by the record and proceedings therein in the same Court of the said late Queen here remaining manifestly appeareth.

Neverthelesse, the same M. hitherto hath not satisfied the same E. of the Debt and Damages aforesaid,Breach of the Recognizance. nor in the same Court here hath rendred his body in Execution for the Debt and Damages aforesayd, ac­cording to the Forme of the Recognizance aforesaid, and the said T M is dead, as by the information of the same E the King is given to under­stand, And because, &c. that by honest, &c. he make known to A M Wid­dow,An Alias Sci. fac. was awar­ed, and conti­nuances & di­vers imparlan­ces ought to be here. The Defendant pleads assets to the value of 36 l. 5 s. came to her hands after the death, &c. and pleads a judgment a­gainst the Te­stator in his life time in London upon concessit solvere, and that she had imploye [...] part of the assets a­bout the fune­rall, part about the the proba [...]e of the will, part to compound the judgment, and the residue brings here into Court ready to pay: &c. with plea that she hath no more, &c. The plaint levi­vi [...]d. The plaintiffs finde pledges to prosecute and make their At­torney. Executrix of the testament of the same T. M. of being here at this day to wit, in Cro Asc Dom, to shew if any thing, &c. wherefore the same one hundred and fifty pounds by the same T in forme aforesaid acknow­ledged, of the goods and chattells of the same T. at the time of his death being in the hands of the said A to be administred, to be made, and ought not to be rendred to the same E. according to the Forme of the Recognizance aforesaid, if, &c.

And now here at this day came aswell the same E. by A his Attorney, as the same A by D D her Attorney, and the Sheriff now returneth, that she hath nothing, &c. nor is found, &c. And hereupon the same E prayeth Execution against the same A for the said one hundred and fifty pounds in Forme aforesaid acknowledged, of the goods and chat­tells which were of the same T at the time of his Death in the hands of the same A Being to be administred, to be adjudged him, &c.

And the said Ann saith, That the said E. ought not to have Executi­on against her for the said one hundred and fifty pounds by the same T. M. in Forme aforesaid acknowledged, of the goods and chattells which were of the same T. at the time of his Death in the hands of the said A to be administred, because the saith, That after the Recognizance aforesaid, by the same T. M. in Forme aforesaid acknowledged, and before the same Terme of Saint Hlllary, Anno 42 of Queen Eliz. abovesaid, to wit, the tenth day of December, Anno 42 Eliz. &c. abovesaid, in the Court of the said late Queen held at the City of London be [...]ore R. C. Al­derman, then one of the Sheriffs of the City aforesaid in his Counter, scituate in the parish of Siant Michael in Woodstreet, London, according to the custome of the same City, from the time whereof no memory is extant, used & approved in the same, came certain M C and I W in their proper persons, & then and there by the name of M C and I W. of Lon­don Brewers, levied a certain plaint against the said T. M. in his life time by the name of T M &c. in a plea of Debt upon demand of a hundred pounds, and then and there found pledges to prosecute that plaint, to wit, I. D. and R. R. and then and there in the same Court put in their places, T H their Attorney against T M. of the plea aforesaid. And a [...] ­terwards, to wit, at the Court of the said late Queen held at Guild Hall of the City aforesaid scituate, in the parish of Saint Lawrence in the Old Jury London, the [...]ourteenth day of January, Anno 42 Eliz. abovesaid [Page 106] before the same Sheriff came the said M and I. by their Attorney a­fo [...]esaid,The Defendant appears gratis, and pleads at the perill of the plaintiff. Note, That such form is the Common form of bayles in London. and offered themselves against the said T. in the plea aforesaid, whereupon the same T. M. in the same Court, then and there, in his pro­per person likewise came, and freely offered himselfe to answer the said M and I. in the plea aforesaid, whereupon the said T. M. after­wards in the same Court was bayled by I. D. and R. R. at the instance and perill of the same M and I. according to the custome of the City a­foresaid, to have the same T. M. at the said Court, the same fourteenth day of January, at Guildhall aforesaid, to be held according to the cu­stome of the City aforesaid, and so afterwards from Court to Court, untill the end of the plea,Forme of the recognizance. of the plaint aforesaid, to answer the same M and I in the plea aforesaid, according to the custome of the City afore­said, and the said T. M. then in the same Court, put in his place F. T, against the said M and I. in the plea aforesaid, whereupon afterwards, to wit, at the Court of the said Lady the Queen held at Guildhall, afore­said,Defendant makes his At­torney. before the sa d then Sheriff, the sixteenth day of January Anno 42 Eliz. abovesaid, came as well the same M and I as the said T. by their Attornyes aforesaid, and the same M and I by their Attornyes a­foresaid, declared against the said T of and upon their plaint aforesaid, in manner and form as in these words followeth, ss. M. E. I. W. &c. by T H. their Attorney, demand against T. M. &c. as in the Count, word for word,Count upon a Concessit soli­de. untill Praedict. sextam, &c. And the same T by his Attorney aforesaid, then and there acknowledged the Debt aforesaid to be true, whereupon then and there it was considered in the same Court of the said Lady the Queen, That the same M and I should recover against the same T, their Debt aforesaid, together with nine shillings four pence,Judgement by confession of the debt. for their Damages, costs and charges by them, in and about their suit in that behalfe layd out, and that the said T should be in mercy, &c. as by the Record aforesaid in the same Court of the said late Queen re­maining more fully appeareth.

And the said Anne further saith, That the said T. M. after the judge­ment aforesaid against the same T. in the said Court of the late Queen in Guildhal aforesaid in Forme aforesaid given, to wit the thirtieth of De­cember Anno, &c. at London, in the parish, &c. made his last Will and Testament in writing, and the same A constituted and ordained Execu­trix of the Testament aforesaid,The death of the Defendannt and afterwards such a day and yeare, at London, in the parish and ward aforesaid, the same M and I of the same one hundred pounds & nine sh llings and four pence, in form aforesaid re­covered, not being satisfied, after whose death the same A took upon her the burthen of the Execution of the Testament aforesaid, & diverse goods and chattells which were of the said T. at the time of his Death,Ex [...]ences about the Fnner all. to the value of thirty six pounds and five shilli. after the Death of the same T came to the hands and possession of the same A whereby the same A 4. pounds of the said thirty six pound five shillings about the Funerall of [Page 107] the said T after the death of the same T expended,Expences about proving the will. and the same A twen­ty seven shillings of the said thirty sixe pounds five shillings about the probate of the Will aforesaid, as Executrix of that Will, after the Death of the said T likewise Expended, And the same A further saith, That she after the Death of the same T. and before the same A had any notice of the said Debt, of one hundred and fifty pounds, by the same T in his life time to the said E. in Forme aforesaid acknowledged, and be­fore the day of purchasing the Writ of Scire facias of the said E. E. to wit such a day and year, at London in the said parish of Saint Lawrence, in the Old Jury, London, Payment of the judgment be­fere notice of such debt and suit. paid to the same M and I twenty five pounds and eight shillings, of the said thirty six pounds and five shillings in full satisfaction and payment of the said one hundred pounds nine shillings and four pence, to the same M and I in Forme aforesaid owing, as by the Record thereof in the same Court of the said late Queene at Guildhall a­foresaid remaining, manifestly appeareth. And the same A further saith, That neither the same T at the time of his Death, nor the same A after the Death of the same T. before the Day of purchasing the said Writ of Scire facias, nor at any time afterwards,Nothing else in her hands but goods to such a value which the executrix brings into the Court to pay the plaintiff in part of his debt: had any goods or chattells which were of the same T at the time of his Death, in her hands to be administred, besides goods and chattells to the value of one and thirty pounds five shillings, by her in Forme aforesaid administred, and besides the goods and chattells to the value of ninety shillings residue of the sayd thirty six pounds five shillings, yet remaining in the hands of the sayd A not administred, which sayd summ of ninety shillings, the same A bring­eth here into Court to pay the said E, and this she is ready to verifie, whereupon she prayeth Judgment if the same E ought to have execution against her for the said 150 l. &c.

ANd the said E. saith, That he by any thing before alledged,Replication that no such record of reco­very is had in London: from having his Execution aforesaid against the same A. for the said one hundred and fifty pounds by the same T. in forme aforesaid ac­knowledged, of the goods and chattells which were of the said T. at the time of his death in the hands of the said A to be administred, ought not to be barred, because he saith, That there is not had any such Record of the plaint aforesaid, betweene the same M. and I. and the same T. in the Court aforesaid remaining, as the said A hath above alledged, and this he is ready to verifie, whereupon as before, hee prayeth Judgment and Execution against the said A. of the said one hundred and fifty pounds by the same T. in forme aforesaid acknowledged of the goods and chattells which were of the said T. at the time of his death, being in the hands of the said A to be administred, to him to be adjudged, &c.

[Page 108] Rejoynder, that such a record is had of a reco­very in Lond.ANd the same A. as before saith, That such a Record is had of the plaint aforesaid, between the same M and I. and the said T. M. in the Court aforesaid remaining, as she hath above alleadged, and this she is ready to verifie here, when and how, the Court of the Lord the King here shall consider.

And hereupon the same A further saith, That the Mayor, Sheriffs, and Aldermen of the City of London, Custome of L. alledged by the defendant. amongst other Liberties, Franchises, and priviledges, of the Citizens of London, by diverse late Kings and Queens of England, progenitors of the Lord the King now granted, and by the said Lord the King now confirmed, they have their liberty, that they ought to record every Record pleaded before them, made or had, pre­sently and not otherwise and therefore prayeth for, that the Record a­foresaid being now in the custody of the sheriffs of the City aforesaid,A certiorare awarded to the Sheriffs of L. to certifie, &c. a writ of the said Lord the King to be directed to the said now Sheriffs of the city of L, to certifie the lustices here whether such a Record be had, or not, and to her it is granted, &c. Therefore the Sheriffs of London are commanded, that searching the Records, and other memorables upon Records, in the time of the said late Sheriffs of London, being in the cu­stody of the said now Sheriff, they make appear to the Iustices here in Cr. Trin. whether there is had such a Record of the plaint aforesaid in their custody, as the said A. hath above alledged or not, the same day is gi­ven to the parties aforesaid here, &c.

AT which day here came the same E. by his Attorney aforesaid, and the same A. the Record of the plaint aforesaid by her above allead­ged,Judgement for the plaintiff for failer of the record. here at this day hath not, but made Default thereof, therefore it is considered, that the said E. have Execution against the said A. of the said one hundred and fifty pounds by the said T in forme aforesaid ac­knowledged, to be levied of the goods and chattells which were of the same T. M at the time of his death, in the hands of the said A to be ad­ministred, &c. Brownlow.

Nota.NOte. That after a Scire facias, nulla min.

Note and study the diversity, 19 H 6 19 tr. Record 24. Continuance of [...]ul. tiel. recordNOte, That the Court held, that the Defendant ought to procure the Record to he certified at his perill, and not stay the Returne, or certificate of the Sheriffs, against the opinion of Master Brownlow Pro­thonotary.

ANd hereupon by the consent of the said Plaintiff, further day is gi­ven to the said Defendant to have the Record aforesaid by him a­bove pleaded, here untill in Oct. Mich. To shew in form aforesaid, &c.

[Page 109]T 43 Eliz rot. 1822. Gibson against Brooke, Bar upon a Sci. fac. against an executor to have execution of his proper goods after a Devastavit. re­turned upon in a writ to inquire what goods came to his hands, after suggestion that diverse goods came to his stands, and that he had wasted them after a Nulla bona returned upon a fi. fa. of the goods of the Te­stator. Suggestion that the executor had wasted diverse goodr of the Testator. See the new book of entries, fol. 268. 269. 271 and 272. pl. 5. Pet [...]fers case title error. A writ of fi. fa. de bonis testa­toris with a writ of inquiry what goods of the testator the executor had wasted. M 2 Jac. rot. 1812 H 6 Jac. rot. 1806. H against B. T 38 Eliz. rot: 910 demurrer upon Scire facias quod bre. est insufficiens H: 33 Eliz: rot: 612: W against S, H 9. H 6 rot: 134: Return vic: per inquest. de office: That the goods of the Testator to the value of 110 l after the death of the testator, came to the hands of the executor to be administred, and that the executor had wasted the goods: Scire facias awarded against the executor to have execution of his proper goods. ss. Otherwise as it appea­reth in Hillary Terme last past, roll 1434 London ss. It was comman­ded the Sheriffs that of the goods and chattells which were of W B late, &c. at the time of his death in the hands of G B. Executor of the Testa­ment of, &c. in their Bayliwick. they should cause to be made as well a certain Debt of a hundred pounds which T G in the Court of the Queen here recovered against him, as six pounds, as forty shillings, which same T. in the said Court here were adjudged for his damages, &c. Re. Oct. Hillar.

And now here at this day, &c. and the Sheriffs Nichil, &c. And here­upon it is testified in the same Court, That the same G. after the death of the same W sold diverse goods and chattells which were of the said W. at the time of his death, and the monies received for those goods and chattells converted into his own use, and the residue of the goods and Chattells which were of the said W were eloyned, or to his own use con­verted, with the intention that the said Execution should not be done, Therefore it is commanded the Sheriffs that of the goods and chattells which were of the said W at the time of his death, being in the hands of the said G. they should cause to be made the Debt and damages aforesaid If they can be found in their Bayliwick, otherwise by the Oath of honest and lawfull men of their Bailiwick they should make diligent enquiry, what goods and chattells that were of the said W at the time of his death by the said G after the death of the said W are sold or eloyned, or con­verted to the use of the said G. and what they shall finde by that Inquisi­tion, the sheriffs should make appear here such a day, under their seale &c. and seales, &c. the same day is given to the said T here, &c.

At which day here came the said T by his Attorney aforesaid, and the Sheriffs, to wit, T. C. and W. C. now return a certain inquisition taken before them, at Guild Hall, of the City of London, by the oath of twelve, &c. by vertue of the Writ aforesaid taken, by which it is found, that diverse goods and chattells which were of the said W. B. at the time nf his death, to the value of one hundred and ten pounds, came to the hands of the same G. B. after the death of the same W. B. to be admini­stred, and that the same G. had converted all the same goods and chat­tells to his own use, Therefore it is commanded the Sheriffs that by ho­nest and lawfull men of their Bailiwick, they should make known to the said G that hee should be here alia die to shew if he had, or knew any thing to say for himselfe, wherefore the said T Execution against him for the Debt and Damages aforesaid of his own goods and chattells, ought not to have, &c. according to the Form of the Recovery aforesayd, if, &c.

[Page 110] Nihil returned Al: fi: fac: a­warded:At which day here came the said T. by his Attorney aforesaid, and the Sheriffs now returned, that he hath nothing, &c. nor is found, &c. Therefore as before it is commanded the Sheriffs, that by honest &c. they make known to the said G. that he should be here at this day to shew in Forme aforesaid, &c.

Defendant appearesAnd now here at this day came as well the same T. by his Attorney aforesaid, as the said T. premonished, &c. by T. W. his Attorney, and the sheriffs now return that the said G hath nothing, &c. nor is found, &c. & hereupon the said T prayeth Execution against the said G of the Debt and Damages aforesaid,Prayes Execution of his pro­per goods, Quere of the proper goods and chattells of the said G to be levied, to him to be adjudged, &c. Quaere if such a Writ be usuall, See Petifers case, Coke 5 fol. 32. That such writ, Est male.

Barr by confes­sion that exe­cution ought to be against him for the da­mages of his proper goods, but as to the debt pleads ful­ly administred, before the Teste of the originall against fune­ralls and pay­ment of debts, and that he had not the goods found by the inquisition, nor wasted, &c. and the eupon a demurrer, Plene admini­stravit specially pleaded, about funeralls, pay­ments of debts, and other ne­cessaries, &c: And traverseth the wast found by the inquest of office: Judgement for the defendant after demurrer NotaAnd the same G as to the Damages aforesaid, saith, That he cannot gainsay but the same T ought to have Execution against him for those Damages, of the proper goods and chattells of the said G. according to the recovery aforesaid, therefore it is considered, that the said T. have Execution against the said G. of the Damages aforesaid, of the proper goods and chattells of the same G. according to the Recovery aforesaid, and as to the Debt aforesaid, the said G. saith, That the same T ought not to have Execution for that Debt, of the said proper goods and chat­tells of the said G by pretence of the Recovery and inquisition aforesaid, because he saith, That he before the day of purchasing the Originall writ of the said T. fully administred all the goods and chattells which were of the said W.B. at the time of his death, about the Funerall and payment of Debts of the said W. and other necessary things, to be done and ad­ministred, by the same G as Executor of the Testament of the same W. and then, nor at any time afterwards, had not, nor yet hath, any goods or chattells which were of the said W B in his hands to be administred, nor goods or chattells in the inquisition aforesaid above contained, or any of them, or any other goods which were of the said W B at the time of his death, to his proper use converted, or otherwise wasted, and this he is ready to verifie, whereupon he prayeth judgement if the said T execu­tion against him for the Debt aforesaid of the proper goods of the said G. by pretence of the Recovery and Inquisition aforesaid, in Forme a­foresaid, ought to have, &c. And thereupon the plaintiff demurrs in law, and judgment for the Defendant, which judgement was afterwards re­versed in the Kings Bench by writ of Error.

That the first issue was, Non est factum Testatoris, and found against the Defendant, and thereupon judgement, and a Fieri Facias, and the sheriff returned Nichil, and upon a Testat. Devastavit a writ of ad in­quirend. de Wast, and wast found by Inquisition, and thereupon this Sci­re facias to the Defendant who appears and pleads.

Two Scire facias.

[Page 111]Where the Defendant pleads Plene administravit, Nota. and assets are sound and judgment thereupon, and the sheriff returns a devastavit, such spe­ciall Devastavit is not a good plea, for that it is contrary, and repugnant to the sheriffs Return; but in such case, such Inquisition may be traversed.

HIll. 33. Eliz. rot. 612. Between W and S. Scire facias against an Ex­ecutor upon a surmise, that the Executor had wasted the goods of the Testator against which Judgment was given, and in that case, the Defen. after Tryall, and a speciall verdict given, compounded with the plaintiff by the advise of I. P. Knight, cheif Justice of England.

M 39. and 40. Eliz Rot. 110. ss. Otherwise as it appeareth, &c. as in the Scire Facias, and award the Alias Scire Facias, Bar upon an A­lias Sci: fac: upon a recogni­zance of privi­ledge, where one makes default and the other pleads in bar, payment of the condemnation at the perill of the Principall against him be­fore the Teste of the first Scire facias. Execution a­warded against one of the Conu­zers by default, &c. and now here at this day, to wit, at the said, Tres Tri. came aswell the said I. by his Attorney, aforesaid, As the said S. by I, E. his attorney, And the said H. the fourth day of the Plea came not, but made default, And the sheriff as before now returneth, that the said H. hath nothing, nor is Found, &c. And hereupon the said I. prayeth execution against the said H. of the said 50 l. by him in Form aforesaid acknowledged, to him to be adjudged, &c. Therefore it is considered that the said I. have execu­tion against the said H. for the said 50 l. by him in Form aforesaid ac­knowledged by default, &c. And further the said I. prayeth execution against the said S. of the said 50 l, by him in Form aforesaid acknow­ledged to him to be adjudged, &c. And the said I. prayeth license there­of to imparl here untill Oct. Mich. And hath it, &c, the same day is given to the said I. here. &c, and now here at this day, to wit, at the said Oct. S. Mich. came here aswell the same I. as the said S. by their attornies a­foresaid, And hereupon the same I. as before prayeth execution against the said S. of the said 50 l. by him in Form aforesaid acknowledged to be adjudged him, &c,

ANd the said S. saith that the said I ought not to have execution a­against him for the said 50 l. in the Form aforesaid acknowledged,Bar that the principall after the recovery, and before the Teste of the Sci: fac: paid to the Conuzee, the debt and da­mages recove­red. because he saith that the said E after the judgment aforesaid given, And before the day of the purchasing of the said first Writ of Scire Facias, to wit, T. Die. and An. paid to the said I the debt & damages aforesaid, by him against the said E in form aforesaid recovered according to the form and effect of the Recognizance aforesaid, And this he is ready to verifie, where upon he prayeth Judgment if the same I. ought to have execution against him for the said 50 l. by him in Form aforesaid acknowledged, &c.Replication that the princi­pall, non so­lint, and issue thereupon.

ANd the said I. saith, that he, by any thing before alleaged, ought not to be repelled from having his execution aforesaid of the said 50 l. [Page 112] against the said S. by him in Form aforesaid acknowledged, because he saith that the said E. after the judgment aforesaid given, and before the day of purchasing of the said first writ of Scire Facias, hath not paid to the same I. the debt and damages aforesaid, by the same I. against the said E. in Form aforesaid recovered, according to the Form of the Recognizance aforesaid, As the said S. hath above allowed, and this he prayeth may bee inquired of by the Country, And the said S. likewise Therefore 12. &c.

Entry of a Sci. fac. against the Ter-tenants, upon a judg­ment in debt, after the death of the Obliger, and the judg­ment by default. Recitall of the recovery. PAs. 38. Eliz, Rot. 1854. ss. Otherwise as it appeareth in the Term of S. Hillary An. 38, Eliz. Reg. Rot. 511. It is thus contai­ned, Midd. ss, It is commanded the sheriff whereas H. S. Esquire lately in the court of the Lady the Queen now, to wit, in the Term of St. Michael An. regni sui 30. and 31. before E, A. Knight and his associ­ates of the said Lady the Queen of the Bench here at Westminster, by the consideration of the same Court had recovered against I. C, late of Lon­don Esquire, aswell a certaine debt of 19 l. as 7 l. which, &c. whereof he is convicted, as by the record and proceedings in the court of the Queen here remaining manifestly appeareth, Execution notwithstan­ding of the judgment aforesaid yet remayneth undon, And the said I. C is dead, and dyed seised of divers Lands and Tenements in his Demesne as of Fee, as by the information of the said H. the Queen understan­deth, and because, &c. that by honest, &c. he should make known to the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given,Suggestion of the death of the Defendant, and averment that he died seised of divers lands &c. Sci. fac. to the Ter-tenants. or at any time afterwards, That they should be here at this day, to wit, in Oct. Pur. St. Mariae, to shew if any thing, &c. wherefore the said H. ought to have execution against them of the debt and damages aforesaid, of the lands, and Tenements afore said, according to the Form of the recovery aforesaid, and now here at this day came the same H. by F, B. his attorney and offered him­self the 4th. day against the said Tenants of the Lands and Tenements which were of the said I. at the time oft he judgment aforesaid given, or at anytime afterwards in the plea aforesa d, and they being solemnly called came not, and the sheriff now retorneth that there are no lands nor Tenements in his Bayliwick which were of the said I. at the time of the judgment aforesaid given,The Sheriff re­turneth quod milli sunt Te­nements. A Testat. sci. fac. prayed. Corn Testat sci. fac. awarded to the Ter-tennants in a foraign County or any time afterwards, and here upon it is testified in the same court of the Queen here, that there are divers lands and Tenements in the county of C. which were of the said I. at the time of the judgment aforesaid given and afterwards, whereof he might make and levy the debt and damages aforesaid, and prayeth a writ of the Lady the Queen to be directed to the sheriff of Cornwall, to premonish the te­nants of the lands and Tenements which were of the said I. in Oct. S. Mich. An. 30. and 31. abovesaid which day judgment was thereupon given or at any time afterwards in his Bayliwick that they be here 15. [Page 113] Pas. to shew, &c. And now here at this day, to wit, the said 15, Pas. came the same H. by his attorney aforesaid, and offered himself the 4th. day against the Tenants of the lands and Tenements which were of the said I. at the time of the judgment aforesaid given or at any time after­wards, in the plea aforesaid, and they being solmnly called came not, and the sheriff of Cornwell, to wit C. T. Esquire now retorneth, that he by vertue of the writ aforesaid to him directed, such a day and yeare,Tertenant re­turned of a Messuage, and thirty acres of land. by W. N. and H. F. honest, &c. made known to R. D. Tenant of one messuage and 30. acres of land with the appurtenances in T. C. now or late in the tenure of I. C, and L M which were of I C in Fee simple at the time of the judgment given, and afterwards, that he should be here at this day to shew in Form aforesaid, &c. Therefore it is conside­red that the said Hugh have his execution against the said R. D. Tenant of the debt and damages aforesaid, to be levied,Judgment. of the said Massuage and 30, acres of Land with the appurtenances,Execution by default, for the debt and dama­ges aforesaid to be levied of the lands and tene­ments aforesaid. Elegit of the moyety awarded of the lands. for default of the said R. and hereupon the said H, chose to be delivered to him, the moyety of the said messuage and 30. acres of land with the appurtenances, according to the Form of the Statute thereof made and provided, until the debt and damages aforesaid be thereof levyed, and prayeth a writ of the said Lady the Queen thereof, to be directed to the said sheriff of the County of Cornwall, and it is granted him, retornable here, tres Trin. And in as much, &c. Brownlow,

H 43. Eliz, Rot. 157. Suff. ff. Scire fac. For Seaman against the Ter-tenants of T. L Re. in Cr. Trini. 41. Eliz. upon a Recog­nizance for 60 l. 33 s. 4 d. for damages, For P L retorned ter-tenant of divers lands, &c. saith that the said T L before the said judgment 10. of August 35. Eliz, enfeoffed I. and T Brown to the use of the said Tho. and his heires males, and that he was seised in Spec. Fee-tayle, at the time of the judgment given, and that he 11. Sept, 41, dyed seised in taile: And that the Lands descended to the said P, as Son and heir and that he entred and was seised in Spec. Taile, judgment if execution, &c, the Plaintiff saith that T was seised in fee simple,Entry of a Sci: fac: upon a bail to make delive­rance after gage delive­rance of Cattell in Court, against the Manucap­tors because the Conusor had not made deli­verance. 1 H: 7: 11. & 21 E 3. B [...]: Pledges 9. & 18. at the time of the judgment given, and traverseth the Feoffment, modo et forma.

HAs. 33. Eliz. Rot. 2045. ss. It is commanded the sheriff whereas G. G. of, &c, R, S. of, &c. in the Court of the Lady the Queen here, to wit, in the Term of St. Hillary An. &c. 82, Before E.A. Knight. &c. of the bench here, to wit, at Westminster aforesaid had undertaken and both, of them did undertake for S G that the same S should make deli­verance & return of 6. Cows to E C before the Feast of the Appostle P. & I then next following under the penalty of both of them 40 l. which said 40 l. the same G S acknowledged and each of them acknowledgeth, to be made of their Lands and Chattles and to belevied to the use of the [Page 114] said T. E. if the said S. G should not make deliverance of the Chattles aforesaid to the same T. according to the Form and effect of the recogni­zance aforesaid, And the same S heitherto hath not made deliverance of the Chattles aforesaid to the said E. according to the Form of the recog­nizance aforesaid, as by the information of the said T. the Queen un­derstandeth, And because, &c. that by honest, &c. he make knowne to the said G. and S. that they should be here at this day, to wit (tali di.) to shew if any thing, &c. to wit the said G. wherefore he the said 40 l by him in Form aforesaid acknowledged, of his lands and chattles, And the same S. wherefore the said 40 l. by him in Form aforesaid acknow­ledged of his Lands and chattles and either of them ought not to be made and rendred to the same T. according to the form of the recogni­zance aforesaid if, &c. At which day here came aswell the same T. by F. E. his attorny, as the same G. and S. in their proper persons, and here­upon the same T. prayeth execution against the same G. of the said 40 l. by him in Forme aforsaid acknowledged, &c. and against the said S. for the said 40 l. by him in Form aforesaid acknowledged,Test: Nichil: dic. to be adjudg­ed by him, &c. And the said G. and S. reserving to themselvs all and all manner, &c. Pet. tit. entry of a Nihil dic. hereupon, Mich 34. Eli. Rot. 1813.

Entry of a Sci: fac: upon a re­cognizance ta­ken to make de­liverance upon a gage delive­rance against Manucapt. be­cause the Conu­sor had not made delive­rance.ss HIll. 18. Eliz. Rot. 405. ss. It is commanded the sheriff where­as H. N. late, &c. and G. H. of, &c. lately in the Court of the Queen here to wit in Trinity term An. 17. &c. before I. D. Knight and his associates Justices of the Lady the Queen here of the common Bench, and undertook for W. C. that the said W. should make delive­rance and retorn of ten Oxon, or of the value of them to T. H. upon the tenth day of June then next following within the Church yard of the parish Church of S. in the county of S. under the penalty of 200 l. which said 200 l. the said H. and G. acknowledged to be made of their lands, and Chattles, and to be Levied to the use of the same T. and D. the said W. made not deliverance of the Cattle aforesaid, nor of the value of them according to the Form of the racognizance aforesaid, as by the information of the said T and D the Qu. understandeth,T: 9 Jac: rot: 3: 510. and be­cause, &c. that by honest, &c. he make knowne to the said H. and G. that they should be here at this day, to wit in Oct. S. Hill. to shew if, &c. wherefore the same T. and D. ought not to have execution against them of the said 200 l. according to the Form of the recognizance a­foresaid,Sci. fac: in a writ De droit de gard. Sci: fac [...] upon judgment in debt and deti­nue. if, &c. And now here at this day came aswell the said T. & D, by their attornies aforesaid, as the same H, and G. by F. their attorney, And the sheriff now retorneth that they have nothing, &c. nor are found, &c, And hereupon the said T. and D. pray execution against the same H. and G. of the said 200 l. to be adjudged them, &c.

H 10. H. 6. Rot. 141. Scire Fac Upon a judgment in a writ, de droit de Gard. P. 2. H. 7. Rot. 50, Scire Fac, upon a judgment in deti­nue for Cattle and for Debt.

[Page 115]ss IT was commanded the sheriff, whereas I. P. one of the attornies of the Court of the Lady the Queene here of the common Bench, late­ly in the same court of the Lady the Queen here, to wit, 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here,Entry of a Sci: fac: against an heire upon a judgment a­gainst his father in debt, and an Elegit award­ed. by the consideration of the same Court had recovered against I. K, Kt. aswell a certaine debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detayning of that debt whereof he is con­victed, and by the record and proceedings therein in the same court of the Queen here remayning, manifestly appeareth, Neverthelesse execution of the judgment aforesaid yet remayneth undon,M: 26, & 27. Eliz. rot. and the same I. K, Knight is dead, as by the information of the said I, P. the Queen understandeth, And because, &c. that by honest, &c. he make known to I. K. Esquire son and heire of the said I. K. Knight, and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee sim­ple, at the time of the judgment aforesaid given, that he should be here at this day, to wit, in Cr. Anim, to shew if any thing, &c. wherefore the said 12 l. 6 s. and 13, s. 4 d. ought not to be made of the lands and tene­ments which were of the said I. K, Knight in Fee-simple at the time of giving of the Judgment aforesaid in his bayliwick, being in the seisin of the said I. K. the son and rendred to the same I. B. according to the form of the recovery aforesaid, And now here at this day came the same I. P. in his proper person and offered himselfe the 4. day against the said I. K. the son in the plea aforesaid. And he being solemnly called came not, and the sheriff now retorneth that he hath made known to I K the son of being here at this day by I D and R F honest, &c. Therefore it is con­sidered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple, at the time of giving of the judgment aforesaid, being in the seisure of the said I. K. the son by de­fault, &c. and hereupon the same I. P. hath chosen to be delivered to him the moyety of all the Lands and Tenements, which were of the said I. K. Knight in Fee-simple being at the time of the judgment aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided, un­till the said 12 l. 13 s. 4 d. be thereof levyed, and prayeth a writ thereof to be directed to the sheriff of the County aforesaid, And it is granted to him retornable here in Oct, S. Hill. &c. quaere de rest▪ forme,

H 3. Jac. Rot. 308. ss.Entry of a Sci: fac. against an heir and judge­ment thereupon by default upon a judgement had against the Father deceased in the time of another King. It was commanded the sheriff whereas R. S latly in the court of the Lady Eliz. late Queen of England, to wit, in the Term of the holy Trinity An. 30. before E. A. Knight, &c. [Page 116] by the consideration of the same Court had recovered against T S late, &c, aswell a certaine debt of 40 l. as 40 s. which, &c. as by the record and proceedings here in the Court of the Lord the King now here re­maining, manifestly appeareth, notwithstanding execution, &c. And the same T is dead, as by the information of the same R. &c. and because, &c. that by honest, &c, that he make knowne to W S son and heire of the said T. who hath lands and Tenements which were of the said T in Fee simple, in Cr. Tri. An. &c. or at any time afterwards, that hee should be here at this day, to wit, in Oct. Hill. to shew if any thing; &c. wherefore they ought not to make the debt and damages afore­said, of the lands and Tenements, aforesaid, being in the county afore­said and render them to the said R. according to the Form of the Recog­nizance aforesaid if, &c. And now here at this day came the same R, by I H his attorny aforesaid, and offereth himselfe the fourth day against the said W. in the plea aforesaid, and he being solemnly called came not: and the sheriff now retorneth that he had made known to the said W. son and heire of the said T. and tenant of two messuages and 100. acres of land,Scit fac: retur­ned. with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli. to shew in form aforesaid, &c. by I. K. and L. I. honest, &c. and hereupon the same R. prayeth execution a­gainst the said W. of the debt and damages, of the lands, and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity, to him to be adjudged, &c. Therefore it is considered that the said R. have execution against the said W. of the debt and dama­ges aforesaid to be levied of the tenements aforesaid by default, &c. Inquire of the forme of this writ,

P 4. J. Ro. 25 57, Upon a Recovery in debt against G. K son & heir of W K. by I. Harper Sci. fac. to the Tenants of the lands & Tenem. which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42, Eliz. which day the said Iohn Harper purchased his originall writ in debt against the said W. that he should be here in Oct. Hill. &c.

Entry of a Sci: fac: brought by an executor against an h ire upon judgment against his Father, &c.H Ill. 5. Jac, Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9. It is thus contayend, Corn. ss. It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England, to wit, in Mich. Term An. 37, and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here, to wit, at Westminster, had recovered against I C late of, &c. aswell a certaine debt of 40 l. which, &c. as 40 s. which &c. put, &c. Execution notwithstanding, &c. and aswell the said W. as the said W W are dead as by the information of W S executor of the testa­ment of the said W W the King understands, and because, &c. that by [Page 117] honest, &c. he make known to C C Gent. son and heire of the said I, and now Tenant of all the lands and Tenements which were of the said I in Fee-simple at the time of giving the judgment aforesaid that he should be here at this day, to wit, in Cr, Trin. to shew if any thing, &c. wherefore the debt and Damages aforesaid ought not to be made of the lands and tenements of the said I. in Fee-simple at the time of the judg­ment aforesaid given being in the seisin of the said C in the county afore­said according to the form of the recovery aforesaid, and now here at this day came aswel the said W S by I B his attorney as the said C by P K his attorny and the sheriff now retorneth that he by vertue of the writ aforesaid to him directed die tali & An. by E D and W W honest,Sci: fac: tenen­ti terr. re­turned. &c. made known to the said C son and heire of the said, I and tenant of 1 Messuage and 10. acres of land, &c. in C in the county aforesaid, which were of the said I C in Fee-simple at the time of the judgment a­foresaid given, that he should be here at this day to shew if any thing, wherefore the debt and damages aforsaid ought not to be made of the lands, and Tenements aforesaid being in the seisin of the said I and ren­dred to the said W S according to the forme of the recovery aforesaid, And hereupon the said W S bringeth here into court the letters testa­mentary of the said W W by which it is sufficiently manifest to the Court here, the same W S to be executor of the testament aforesaid and there­of to have the administration &c. and prayeth execution against the said C of the debt and damages aforesaid, of the lands and Tenements aforesaid to him to be adjudged, &c. and hereupon the same C prayeth licence thereof to imparle here, &c. untill Oct. Hill, &c. at which day here came aswell the same W as the same C by their attornies aforesaid and hereupon the same W S as before prayeth execution against the said C, of the debt and damages aforesaid of the lands and Tenements aforesaid to be adjudged to him, &c.

ANd the said C saith that the said W execution against him, as son and heire of the said T C of the debt and damages aforesaid ought not to have because he saith, that he hath not,Monstrans de testament. Bar riens per discent. Quere. nor at any time after the judgment aforesaid given, had any lands, or tenements by hereditary discent, from the said I his Father in Fee-simple, whereof the debt and damages aforesaid could be made, and this he is ready to verifie where­upon he prayeth judgment, of the said W S execution against him as son and heire of the said I of the debt and damages aforesaid ought to have &c.

ANd the said W S saith that by any thing before alledged,Replication that he had assets by discent at the teste of the Sci [...] fac: he ought not to be barred from having his execution against the said C as son and heire of the said I of the debt and damages aforesaid, because he saith that the same C before the day of the judgment aforesaid given, and the day of purchasing the said writ of Scire fac. to wit, tali die & An. [Page 118] had sufficient lands and tenements by hereditary discent from the said I. his father in Fee-simple, whereof he might have satisfied the said W S of the debt and damages aforesaid, to wit, at C aforesaid, and this he prayeth may be inquired of by the Country and the same C likewise Therefore 12, &c.

Continuance of a Scire facias.ss AT which day here came the said Plaintiff by his attorny aforesaid And the sheriff sent not the writ, Therefore let the defendant as before be premonished that he be here in Ost. S. Mich. to shew in Forme aforesaid, &c.

Sci: fac: by the surviving Ad­ministrator of goods of the first intestate not ad­ministred by the first admini­strator.T 16. Jac. Rot. 3109. London Int. G and H Scire fac by the survi­veing administrator of the goods of the first intestat, of goods not administred by the first administrator,

Sci: fac: brought upon a Deva­stavits post An. & diem.T 19. Jac. Rot. 1779. Scire fac. to have execution de bonis propriis up­on a devastavit retorned post An: and diem.

Sci: fac: brought against the ad­ministrator by the executor at his full age up­on a judgment had against the intestate by the administrator, during the mi­nority of the Infant.H 7. Jac. Rot 109. Brownlow. London ss. It was commanded the sheriff whereas I B and H G administrators of the goods and chattles which were of I W during the minority of Margaret W execu­trix of the testament of the said I W lately in the court of the Lady Eliz. late Queen of England, to wit, in Mich. term An. 27. and 28. before E A Knight and his associats then justices of the said Lady the Qu. of the Common Bench here, to wit, at Westminster by the consideration of the same Court had recovered against W D late, &c. otherwise called, &c. aswell a certaine debt or 160 l. as 98 s. which, &c. whereof he is con­victed as by the record and proceedings therein in the court of the Lord the King now here remayning manifestly appeareth, execution notwith­ding of the judgment aforesaid yet resteth to be done, and the said W is dead,Averment of the full age of the executrix and the death of the Defen­dant. And the same Margaret after the judgment aforesaid therein gi­ven is come to the full age of 21. yeares, and afterwards took to hus­band one Tho. Knight as by the information of the said T. and M execu­trix of the testament of the said I W deceased, the King hath understood: And because, &c. by honest, &c, they should make knowne to W D and Margaret his wife Administratrix of the goods and Chattells which were of the said W D who died instated,Sci: fac: awar­ded against the administratrix of the defen­dant. &c. at the time of his death, That they should be here at this day, to wit, in Oct. Hill., to shew if, &c. wherefore the same Thomas and Margaret his wife execution against them of the debt and damages aforesaid, of the goods and Chattles [Page 119] which were of the said W D at the time of his death, being in the hands of the said W and M his wife to be administred, ought not to have, &c. according to the Form of the recovery aforesaid if, &c. and an al Sci. fac. awarded ret. Oct. Pur. Defendants appeare, non sunt inven. &c. and hereupon the same T and M his wife bring here in court the letters Tes­tamentary of the said Io. Wright by which it appeareth to the Court here the same Margaret to be executrix of the testament aforesaid,The Plaintiff shewes Letters of administrati­on of the will. Averment that the defendant died intestate. and thereof to have the Administration &c. and the same Tho. and M his wife further say that the same W D after the judgm. aforesaid given, at L. in the parish, &c. died intestat, And that the administration of all the goods and Chattels which were of the said W D at the time of his death by Io. by Divine providence, &c. after the death of the said W to Margaret now wife of the said W D. while she was sole at London in the parish and ward aforesaid was committed, which said Margaret after the judgment aforesaid given at London in the parish and ward aforesaid, took to hus­band the same W D, And pray execution against the said W D and Margaret his wife of the debt and Damages aforesaid,See the new Book of Entries f: 623. Pl: 9. tiel Sci: fac: respectuat ju­dicium Quere. of the goods and Chattells which were of said W Dowgle at the time of his Death, in the hands of the said W Death and M his wife, being to belevied, to them to be adjudged, &c. Null. Judgm. quaere if the executor at his ful age shall have such a Scire fac. upon a Recover by the administrator du­ring the minority of the executor, or not, Tri. 9, Jac, Rot, 1619. and afterwards satisfaction was acknowledged upon this entrey, without any judgment.

Mich. 44. and 45. E. Rot. 2816,Sci: fac: against Tertenant. Scire fac in debt to the lands & tene­ments of the lands & tenements, &c. according to the form of the Recovery aforesaid if, &c. And now here at this day came the said A. by I. H. his attorney and offered himselfe the 4th. day against the said Te­nants of the Lands and tenements aforesaid in the plea aforesaid, And they being solemnly called came not,Nul. Tertenant returned. and the sheriff now retorneth that there is no tenant of any lands or Tenements which were of the said I. at the time of the judgment aforesaid given or at any times afterwards in his Bailiwick whereby he might make knowne to him, whereas it is testified in the said Court of the said Queen here, that there are divers Tenants of Lands and Tenements in the County of Norff. which were of the said I. at the said time of the judgment aforesaid given and after­wards whereof they could make and levey the debt and damages afore­said,Averment that there are divers Tenants in an­other County A Testat: Sci. fac: awarded after non-suits returned. Therefore it is commanded to the said Sheriff of Norff. that by ho­nest, &c. be make knowne to the tenants of the lands and tenements which were of the said I, at the time of the judgment aforesaid given or at any time afterwards that he be here in Oct. S. Hill. to shew in form aforesaid if, &c,

[Page 120] Al. Sci. fac. a­gainst the Ad­ministrator up­on judgement against the Intestate. T: 22 Jac. rot. 629 the same. Al. Sci. fac. a­warded.M 44 and 45 Eliz. rot. 3118. Brownlow ss. Otherwise as it appeareth &c. And now here at this day came the said R. N. by I his Attor­ney, and offered himself the fourth day against the said G. in the plea aforesaid, and he being solemnly called came not, and the Sheriff now returneth, That the said G hath nothing, &c. nor is found, &c. there­fore as before the Sheriff is commanded that by honest, &c. he make known to the said G that he should be here in Cr. Animarum, to shew in Forme aforesaid, if, &c. At which day here came the said I by his At­torney aforesaid, and the same G the fourth day of the plea being so­lemnly called came not, and the sheriff as before now returneth, that the said G hath nothing, &c. nor is found, &c. And hereupon the sayd R. I. saith, That the said Defendant dyed intestate, &c. and that the ad­ministration of the goods and chattels which were of the said Intestate at the time of his death,The plaintiff saith, that the Administration was committed to the Defen­dant against whom the Sci. fac. issueth. by Iohn by divine Providence Arch Bishop of Can­terbury, &c. such a day and year at London, in the parish, &c. after the death of the said intestate, to the said G was committed, and prayeth Ex­ecution against the said G. of the Debt and Damages aforesaid in form a­foresaid to him to be adjudged, &c. Therefore it is considered, That the said I have Execution against the said O of the Debt and damages afore­said of the goods and chattells which were of the said R. H. at the time of his death being in the hands of the said O to be administred, to be levi­ed if he have so much in his hands to be administred, by default of the said O. &c. Trin. 13. Jac. rot. 526. Brownlow into H. and H.

Entry of a Sci. fac. with cas. & testat. thereupon a­warded.T 12 Jac. rot. 2524. Brownlow ss. Civitas Exon, C P. against B. E. in a Scire facias, &c. Re. Cr. Trin. By Default, &c. And hereupon the said C prayeth a writ of the said Lord the King to be directed to the Sheriffs of the City of Exon, to take the same R if, &c. to satisfie the said C of the Debt and Damages aforesaid, &c. And it is granted to him returnable here, Tres Trin. At which day here came the same C in his proper person, and the Sheriff now returneth, That the said R is not found,Reurn of the Cap. Testat. awar­ded. Devon. &c. and hereupon it is testified in the same Court here, that the same Richard doth lye hid, wander, &c. run from plac to place in the County of Devon, Therefore it is commanded to the sayd sheriff of Devon, that he take him, if, &c. and safely keep &c. so that he should have his body here in Cro. Animarum, to satisfie the said Christo­pher of the debt and damages aforesaid, &c.

Entry of an al. Sci. fac. upon judgement had against the principall upon an arrest, upon an originall in debt sued out in the Common Bench, and a ca­pias thereupon, in another Terme, wherein the first Sci. fac. was returnable in a former Terme, T. 20. Jac. rot. 3186. Note that the first writ of Sci. fac. in this case, ought to issue from hence out of the Philizers office returnable in the Prothonotaryes office.T 13 Jac rot. 2621. Brownlow, Otherwise as it appeareth in Easter Terme Anno 13 Regis nunc Rotulo, It is thus contained, Middlesex [Page 121] ss. It was commanded the Sheriff, whereas I L of the parish of Saint Bridget London, Felt-maker, R A of, &c. in the County of Surrey Felt-maker, and W D in the parish of Saint Olave Southwark in the County of Surrey Felt-maker, lately in the Court of the Lord the King, now,The condition of the Recogni­zance. to wit in the Term of Saint M. Anno Regis Franc. & Hiberniae, &c. 12. & Scotiae 48. before Henry Hobart Knight and Baronet, and his Associ­ates then Justices, &c here to wit at Westminster, did acknowledge, and every of them doth acknowledge himself to owe to P. S. widow, foure hundred pounds of lawfull mony of England, which said summ of foure hundred pounds the same J. R. and W. for themselves and their heires,Recovery a­gainst the prin­cipall. would and granted, and every of them willeth and granteth to be levied, of their Lands and chattells, and of every of them to be made and levied to the use and behoof of the said P under condition, that if it should happen for the same Petro Nello, against the said J.S, late of London, Felt-maker, otherwise called, &c. in the same Court of Common Bench of the Lord the King here in a certain plea, of debt upon demand, of two hundred pounds, by the same P against the same J. S, in the same Court of the King here prosecuted, to be given, then the said J. S. shall satisfie the said Debt of two hundred pounds, and also all damages by occasion of detaining of that debt, against the same I. S. in the same Court of the King here to be recovered or adjudged, or should render his body in Ex­ecution upon the same judgment in the Court of the Lord the King here. And although the said P afterwards to wit in Hillary Terme Anno Regis nunc 12. Sup. in the same Court of the King here, before the same Hen­ry Hobart Knight and his Associates,Breach of the condition, that the principall had not paid the debt and damages, nor rendred his body, &c. then Justices of the said Lord the King of Common Bench here, to wit, at Westminster, by the considerati­on of the same Court, recovered against the same I. S. as well the said Debt of two hundred pounds as fifty three shillings & four pence which to the same P in the said Court of the King here were adjudged for his damages which he had by occasion of the detaining of that debt where­of he is convicted, as by the Record and proceedings therein in the same Court of the Lord the King here, to wit at W aforesaid remaining, mani­festly appeareth. Neverthelesse the said I. S. the debt and damages a­foresaid to the said P hath not yet paid, nor rendred his body in executi­on upon the judgment aforesaid in the Court of the King here, according to the Forme of the Recovery aforesaid, as by the information of the said P is made known to the King. And because, &c. that by honest, &c. he should make knowne to the said I. L. R. and W. that they should be here at this day, to wit. Quin. Pas. to shew if any thing, &c. to wit the said I. L. wherefore the said 400 l. by him in Form aforesaid acknowled­ged, ought not to be made of his lands and chattells, and the said Rich­ard wherefore the said four hundred pounds by him in Forme aforesayd acknowledged ought not, &c. And the said Walter, wherefore the sayd four hundred pounds by him in Forme aforesaid acknowledged, &c. and [Page 122] rendred to the same Petronell, according to the Forme of the Recovery aforesaid,Nihil returned upon the first Sci: fac. Alias Sci: fac: awarded. T: 19 Jac: Rot: Such a forme of entry of an alias Sci: fac: where the first Sci: fac: was returnable in another term Returned as before. Judgment se­ve ally against the Manucaptors by default, &c. Entry of an alia, Sci: fac: where the fi st Sci: fac: was returnable the same term. T: 19 Jac: Rot: 2089. See the form in another term. and now here at this day came the same P by G.B. her Attor­ney, and offered her selfe the fourth day against the same I. L. R. and W. in the plea aforesaid, and they came not, and the sheriff now returneth, that they have nothing, &c. nor are found, &c, Therefore as before it is commanded the sheriff that he make knowne to the said I.L.R. and W. that they should be here in Cr. Trin, to shew in Forme aforesaid, &c. And now here at this day, to wit, to the said Cr. Tri. came the same P. by her Attorney aforesaid, and offered her selfe the 4th. day against the said I. L. R and W. of the plea aforesaid, And the sheriff as before now retur­neth that they have nothing, &c. neither are found, &c. Therefore it is considered that the said P have execution against the said I. L. for the said 400 l. by him in Form aforesaid acknowledged, and against the said R A of the said 400 l. by him in form aforesaid acknowledged, and against the said VV D of the said 400. pounds by him in Form aforesaid acknow­ledged by default, &c.

T 19. Jacobi Rotulo. 4840. Brownlow ss Middelsex. ss. entry of Scire fac against Manucaptors upon a Bayle, re, Cr. Trin. And now here at this day, to wit, at the same Cr. Trin, came the same Plaintiff by his attorney aforesaid, and offered himself the 4. th day a­gainst the said Defendant in plea aforesaid And he solemnly called came not, And the Sheriff retorned a Nihil, Therefore as before it is com­manded the sheriff that by honest, &c. he make known to the said de­fendant that he be here Tres Tri. to shew in forme aforesaid, &c. And now here at this day, to wit, at the same Tres Tri. came the said plaintiff by his attorney aforesaid, and the said Defendant the 4th day of the plea being solemnly called came not, and the sheriff as before retorneth nichil. habet. &c. Therefore it is considered, &c. as in others,

Entry of a Sci: fac: upon a re­covery in dower for value of the damages a­gainst the Ter­tenant. Recitall of the judgment.ss M 44. and 45. Eliz. Rot. 405. Otherwise as it appeareth in the Term of S. Michael An. Eliz. 44, and 45, Rot. 743. It is thus contayned, Norff. ss. It was commanded the sheriff whereas W, G and M. his wife, who was the wife of R. B. lately in the court of the Lady the Queen now, to wit, in Easter Term An. Regni 43. before E. A. Knight and his associates then Justices of the said Lady the Queen of the bench here, to wit, at Westminster by the consideration of the same Court had recovered against T. B. 45 l. 10 s. which to the same W. and M. in the said court of the Lady the Qu. here were adjudged aswell for the value of the Dower of the said M. of one Messuage, 29. acres of land &c. with the appurtenances in M. from the time of the death of the said R, her late husband, &c. As for their damages which they had by occa­sion of the detayning of the Dower whereof he is convicted, as by the Record & proceedings therein, in the Court of the Queen here remayn­ing [Page 123] manifestly appeareth,Tenant in the writ of dower after judgment dieth. Sci: fac: awar­ded against the son and heir. Neverthelesse excution of the judgement aforesaid yet resteth und on, And the same T. B. is dead as by the infor­mation of the said W. and M. the Queen understands, and because, &c. that by honest, &c. he should make knowne to E. B. son and heir of the said T. who holdeth the lands and tenements which were of the said T. at the time of the judgment aforesaid given, that he should be here at this day, to wit, in Cr. Anim. to shew if any thing, &c. where­fore the said W. and M, ought not to have execution against him of the value of the Damages aforesaid of the Lands and Tenements aforesaid, ac­cording to the Form of the recovery aforesaid if, &c.Return de vic. Alias Sc [...]: fac: awarded. And now here at this day came the same W. and M. by I. G. their attorney and offered themselves the 4th. d [...]y against the said E. of the plea aforesaid, And he being solemnly called came not, and the sheriff now retorneth that he hath nothing, &c. nor is found, &c. Therfore as before the sheriff is com­manded that by honest, &c. he should make knowne to the said E. that he be here 15. Marti. to shew in Form aforesaid if, &c. And now here at this day, to wit, the said 15. Marti. came aswell the same W. and M. by their attorney aforesaid, as the same E. premonished, &c. by W. D. his Attorney,Sci: fac: return­ed, but note that the Sheriff doth not return of what lands the son and hei [...] is tenant, accord­ing to the point in the writ. And the sheriff to wit R. I. Esquire now retorneth that he made knowne to the said E. of being here at this day to shew in Form aforesaid by T. D. and I. G. honest, &c. And hereupon the said W. M. prayeth Execution against the said E. of the value and damages aforesaid of the lands and tenements aforesaid to them to be adjudged, &c. and the said E. reserving to himself all and all manner of exceptions and ad­vantages aswell to the said writ of Scire fac. as to the declaration afore­said, prayeth imparlance here untill Oct. S. Hill. and hath it, &c.Speciall impar­lance. The same day is given to the said W. and M here, &c. At which day, &c. and from thence imparleth untill Oct. Mich And now here at this day, to wit at the said Oct. Mich. came aswell the said W. M, as the said E. by their Attornies aforesaid, and hereupon the said W. and, M, as before pray­eth execution against the said E. of the value and Damages aforesaid to them to be adjudged, &c. And the said E, saith nothing in bar or hinde­rance of the execution of the said W. and M aforesaid by which the same W. and M. remaine against the said E. and thereof without defence, there­fore it is considered that the said W. and M. have Execution against the said E. of the value and Damages aforesaid of the lands and Tenements aforesaid by default, &c. And because it is not knowne what Lands and Tenements the same T, had at the day of his death in Fee-simple,Judgment by nichil dic. Suggestion to have a Writ to inquire of the value of the lands awarded. nor how much those Lands and Tenements were worth by the yeare accor­ding to the true value thereof, it is commanded the sheriff, that by the oath of honest and Lawfull men, of his Bayliwick, he diligently inquire what Lands and Tenements the said T. had the day of his death in the Bayliwick of the said sheriff, And if the said T. died seised of any Lands and Tenements with the appurtenances in Fee-simple, Then how much [Page 124] those Tenements were worth by the yeare in all issues beyond reprises,Quaere for these words are neither perfect nor good. And after such inquisition by the sheriff made, he deliver the same Lands, and tenements to the same W. and M without delay, according to the true value of them, to hold to the same W. and M. untill the said 45 l. and 10 s for the value and damages aforesaid thereof be levyed, &c. and in asmuch, &c. the sheriff make appeare here 15. Mich. At which day there came the said W. and M by their attorney aforesaid and the sheriff to wit,Quaere de rest. matter. I. B. Knight now retorneth here a certaine Inquisition, &c. that the father was seised in Fee of 22. acres of Land at the day of his death to the value of 9 s. 8 d. which said 22 acres of Land the sheriff de­livers intirely, &c.

Debt against f [...]ur Executors, two appear, and the Plaint tame against the same two, with a simul cum, &c. Judgment against the four and the two that appeared onely a mercied.H 12. H. 7. rot. 361, Mordant. Devon. ss. Roger Ʋiell brought his Accompt of debt against Nich. Yeo. and Eliz. his wife executors of Eliz. Mounck executrix of I. Mounck that they together with W. Mo. and H. Mounck should render to him 38 l. 17 s. upon bill obligatory made for the payment of 64 l. 19 s. 7 d. ob, and satisfaction confessed for 26 l 2 s. 7 d. ob by the testator, Notwithstanding the executors, although often requested, &c. have not rendred, &c. And the same N. and Eliz his wife together with those, &c. to him to render, gain say and unjustly detaine, &c. and the same Nicholas and Ann confesse the account, and judgment that the plaintiffe should recover against the said Nicholas and Elizabeth W. and Humphery the debt, and damages to 10 s. de bonis testatoris levand. and the said Micholas and Eliz. in mercy, &c. and the damages remitted, A Sci. fac. was brought against the Executors upon this judgment as followeth.

H 13. H. 7. Rot. 309. Mordant, Devon. ss. R. U. brought his sci­re fac. upon the judgment next above against the said executors to have execution upon the said judgment retorned Cr. Trin. the sheriff retorneth Scire Feci to Humphery Mounck one of the executors who commeth,Sci: fac. upon the judgment abovesaid &c. And nothing against the other two Executors which came not, and the said Humphery pleaded ne unq, Execut. The Plaintiff saith that he ought not to be barred from having his execu­tion aforesaid upon the judgment aforesaid, and notwithstanding the said plea of the said Humphery, above pleaded, the said Roger at his pe­rill prayeth execution against the said Nicholas Yeo. and Eliz his wife William and Humphery of the goods and chattells aforesaid to him to be adjudged, &c. Therefore notwithstanding the said plea, it is considered that the said R have execution against the said N. Y. and E. his wife, W and Humphery of the debt aforesaid of the goods and chattles which were of the said I. M. at the time of his death in the hands of the said N. and Eliz. his wife Will. and Humphery being to be levied by default of the same N. Yeo and Eliz. his wife and Will. &c.

[Page 125]H 20. Jac. Rot. 3276, Brownlow, Sci: fac. by a new admini­strator during the minority, &c. of goods not administred by the first ad­ministrator up­on a recovery by the first admini­strator, after the first admi­nistrator avoid­ed, and judg­ment thereupon by nil dic. Otherwise as it appeareth Mich. 20. Jac. Rot. 2213. it is thus contayned, London ss. it was com­manded the sheriff whereas VV W administrator of the goods and chat­tles which were of T. W, who dyed intestate, &c. lately in the court of of the Lord the King now, to wit, in the Term of S. Hill. An. of his reigne of England 18. before Henry Hobert Knight and Baronet and his associates then Justices of the said Lord the King of the Bench here, to wit, at VVestm. by the consideration of the said Court had recovered a­gainst Charles Howard late of L. Knight and Mary his wife, daughter & heire of I F late called I F of F in the County of Devon. Knight aswell a certaine debt of 200 l. as 7 l. 14 s. & 4 d. which to the said W in the said Court of the Lord the King here were adjudged for his damages which he had by occasion of the said Debt whereof they are convicted as by the Record and procedings thereof in the same Court of the King here remayning it manifestly appeareth, And whereas also after the judg­ment aforesaid had, the commission of the administration of all the Goods and Chattles aforesaid by George by divine providence, &c. to whom of right the administration of the Goods and chattles aforesaid belongeth, 27. die Jan. An. Dom. 1621. at London in the parish, &c. was in due manner revoked made void and anulled, And the same Arch Bpp. afterwards, to wit, the 6. day of February An. Dom. 1621. above­said at London in the parish and ward aforesaid the administration of all the goods and Chattles which were of the said T W by the said W W not administred, to one Henry Smith during the minority of Austin Sm. yet being within the age of 18. yeares and in full life, was rightly and lawfully committed, and execution of the judgment aforesaid yet resteth undon. And the said Charles is dead, As by the information of the said Henry Smith the King understandeth, And because, &c. that by honest, &c. they should make known to the said Mary that she should be here A. die S. Mich in unum mensem, to shew if any thing, &c. wherefore the said Henry Smith execution against her for the debt and damages a­foresaid ought not to have, &c. according to the Form of the recovery aforesaid if, &c. And now here at this day commeth the said H S by I B his attorney and offered himself the 4 th. day against the said Mary in the plea aforesaid, And she being solemnly called came not, And the sheriffs now retorne that she hath nothing, &c. nor is found, &c. Therefore as before it is commanded the said sheriff that by honest &c. they should make known to the said Mary that she should be here, in 8. daies, of S, Martine, to shew in forme aforesaid, &c, At which day here came aswell the said Hen: by his attorney aforesaid as the said Mary by G C her attorney and the sheriff as before now retorn, that she hath nothing, &c, nor is to be found, &c. And hereupon the said Hen. prayeth execution against the said Mary for the debt and damages aforesaid to [Page 126] him to be adjudged, &c. And he bringeth here in the Court the lettres administratory of the said Arch Bpp, which the Commission of admini­stration aforesaid to the said Henry in Forme aforesaid committed, testifie, &c.

ANd the same M. prayeth licence therein to imparle, here untill in Oct. Hill. and hath it, &c. the same day is given to the said He. here, &c at which day here came aswell the said Henry as the same M. by their attornies aforesaid, And hereupon the said Henry as before prayeth execution against the said Mary of the debt and Damages afore­said to him to be adjudged, &c. and the said Mary nothing in hinde­rance of the execution of the said Henry aforesaid, whereby the said Henry remayneth against the said Mary therein without defence, There­fore it is considered that the said Henry have execution against the said M. for the debt and damges aforesaid,Nichil: dic. &c. hereupon the said Henry being present here in Court in his proper person, 25. day of Ianuary that same Term acknowledged, That he is satisfied of the debt and da­mages aforesaid, &c. and therefore the said Mary of those debt and damages be quiet, &c.

Sci: fac: to have the penalty gi­ven by the sta­tute of 23 H: 6. cap: 11. against a Sheriff for le­v [...]ing of more monies upon a Town for Knights of the Parliament expences then the Town was tax­ed. The offence a­gainst the sta­tute.H 25. H. 6. Rot. 362. It was commanded the sheriff whereas in the Parliament of the King now at VVestminster in the 23. yeare of his Reigne it is ordayned that the sheriffs of every County for the time being, at the next County, held in his County, after the delivery of writs, to levy the expences of the Knights of the County for the Parli­ament, For the time being to him made, to make publique proclamation that the Coroners and every Constable of peace of the said County, and the bayliffes of every hundred Wapentake of County aforesaid, and all others being willing to assist the Knights expences, be ready at the next County there to be held, to assist the expences of the Knights aforesaid. And the sheriff or under-sheriffs Coroners or Bayliffes for the time be­ing shall be here at the same time in their proper persons, under the penalty of Forfeiting to the Lord the King for every of their defaults made 40 s. And so recite the statute, as in the statute aforesaid is more fully contayned, and the King hath understood that although T. S. late sheriff of the County aforesaid came in full county at B. held at the pre­sant time, and the Suitors of the same county then being there, a certaine Sume of the Towne of C. for Knights expences comming to the Parlia­ment of the Lord the King at Reading, the 6. day of March. An. Regis nunc 21. held, made to be assessed to be paid Notwithstanding the said Thomas the statute aforesaid not regarding, more money of the towne of C aforesaid, then unto which it was assessed, against the manner and form of assessement made upon it, caused to be leived, in contempt of the Lord the King now, and against the forme of the statute aforesaid that [Page 127] he should make known to the said T. that be should be here at this day, to wit in 15 Hillarii, to answer as well for the said Lord the King as for himselfe followeth in this behalfe, wherefore twenty pounds to the said Lord the King, and ten pounds to the said John he ought not to be sa­tisfied according to the forme of the statute aforesaid, And now here at this day came as well the said John by R. H. his Attorney, as the said T. by T.G. his Attorney, and the sheriff now returneth, That hee made knowne to the said Thomas of being here at this day, &c. to answer in Forme aforesaid, &c. by W. R. I. R. and I, D. honest, &c. And hereup­on day is given to the said I.B. as to the said T.S. here untill 15 Pasch. in State as now, reserving to the said parties their pleas, exceptions and advantages to the Writ aforesaid, &c. Abridge in Poulton title de Par­liament 12.

H 27. H. 6. rot. 240. In Trespasse the Defendant justifies for Knights expences, Et tre. de summ, and another summons directed to the Sheriff to assesse the Knights expences, the plaintiff saith that the Vill is parcell of the Barony, &c. and discharged from payment and issue there­upon.

T 21. H. 6. rot. 117. A Writ of Attachment to the sheriff of S out of the Parliament, to hear their Bill in the same Parliament.

M 9 H. 5. rot. 579.Speciall bastar­d [...] pleaded in bar to a Sci: fac to have execu­tion upon a fi [...]e. ss And the said Richard Holt as to the Mannor of D with the Appurtenances, and the said Advowson of the same Church of S saith, that the said Hugh ought not to have Execution a­gainst him thereof, because he saith that the said Joan, which the sayd Hugh supposeth to be his Mother, whilst shee was sole was not married to any man, long before the same Joan was married, was notably great with child at D in the County aforesaid, by one W.L. of the said Hugh, by the said W of the said John begotten, he the same W then also being sole, and not married to any woman, and long afterwards, that the sayd I was so notoriously great with childe, and continually sole and not be­ing married to any man,Elopement. and with the same W.L. there continually abi­ding, took to husband one T. M. at D. aforesaid, from which Thomas, the said Hugh took to him his kindred, and afterwards Matrimony and Espousalls between the same T. M. and Ioan at D aforesaid were celebra­ted, the same Ioan incontinently departed thence from the said Thomas her husband, and enlarged her self from the said Thomas unto the house of the said William, in the said Town of D. and with the said W L. there continually the whole life time of the said Ioan was commorant, and con­tinued in adultery with the said William, After which Matrimony and Espousalls so celebrated, the sayd H at D aforesaid was borne, with­out this that the said I was ever married to any other man, but only to [Page 128] the said T. M. and all and every of these things the said R. H. is ready to verifie, whereupon it shall not be intended, that the sayd Hugh as son and heir of the said Ioan ought to have Execution against him of the Man­nor aforesaid with the Appurteuances, and of the Advowson of the Church of S. in this behalfe, &c. And as to the residue of the Tenements aforesaid with the Appurtenances, and the sayd Advowson of the said church of F. in the Fine aforesaid contained, the said R. Holt prayeth licence thereof to imparle, here untill in 8. Hill and hath it, &c. by the consent of the said Hugh, the same day is given to the said Hugh here, &c.

ANd the same Hugh not knowing any thing by the same R Holte a­bove alledged,Demurrer in Law. besides the said Matrimony and Espousalls between the said T. M. and Ioane celebrated, whereby the Remainder of the said Mannor of D with the Appurtenances, and the Advowson of the Church of S to the said Ioan and the heires males of her body coming, by the fine aforesayd was intailed, and the same H as Son and heir of the said I, sufficiently demandeth Execution thereof by vertue of a fine aforesaid, and the said R, Holte doth not contradict it, but the sayd Hugh is son and heir of the said I and as to the matter by the said R. H. above allead­ged, the same Hugh hath no need, nor by the Law of the Land is held to answer, prayeth judgement and Execution thereof for Defect of suffici­ent answer to him to be adjudged, &c.

Joynder.ANd the said R Holte as to the said Mannor of D with the Appurte­nances, and the Advowson of the Church of S. wherein the said H. doth not gainsay the sayd matter, by the said Richard above aleadged, which sayd matter is sufficient in Law to exclude the sayd H from having his Execution thereof by vertue of the Fine, aforesaid, which sayd mat­ter the sayd Richard is ready to verifie, prayeth judgement, and that the said H may be barred from having his Execution therein, and be­cause the Justices, &c. untill 8 Hillary, &c. And to another parcell there­of, the Defendant saith Non Tenure, And to the whole residue pleads in Barr as before, and a Demurrer in Law thereupon, and continued untill 15 Pasch. At which day here came as well the said Hugh by his Attor­ney aforesaid, as the said Richard Holt in his proper person, and hereup­on the plea aforesaid being heard and understood, it seemeth to the court here that the said Hugh Marchon ought to have Execution of the said Mannor of D. and Tenements with the Appurtenances, and of the Advowson of the Church of S whereof the parties aforesaid have pleaded to judgement by vertue of the Fine aforesaid, notwithstanding, any mat­ter for the said Richard Holt before alleadged, Therefore it is considered, [Page 137] that the same Hugh have Execution against the said Richard Holte of the said Mannor of D and Tenements with the Appurtenances,Judgment for the demandant. and of the same Advowson of S. &c.

T 31. H. 6.Execution a­warded at the Assizes upon is­sue in a Sci. fa. upon a fine, be­fore the day in the Bench. Ayde of the King. rot. 315 ss. An Entry of a scire facias upon a Fine for W. L. Knight, against I H. of the Mannor of H. with the Appurtenances neer R at the Nisi prius at Bitingford, verdict for the plaintiff, before Io. Prisot Knight, then Justice of the Assizes, and Execution therein a­warded at B. before the day in the Bench.

P 28. H 8. rot. 438. Ayde of the King granted in a Scire facias, to exe­cute a fine between Melton and the Earle of Northumberland.

EAster 34 Edw. 1. rot. 27.A sci. fa. brought by the King up­on a jud [...]ment in an assise Dar­rein present­ment had by the King by reason of the ward­ship of an ideot, brought against man and wife, an estranger upon distur­bance, Defen­dant pleads that the lessor was respited untill 8 Hil. for default of the Recognitors, &c. ss. It was commanded the sheriff that whereas the Lord the King in the Court here, to wit, in 8 sancti Martini, An­no Reg. 21. had recovered against H C. and I his wife and R. B. the pre­sentation to the Church of W hy reason of the Lands of R. W. a Fool, and in the Kings custody, by which it was commanded the Bishop of Winche­ster, that notwithstanding wreck-land of the said I and R. B. hee should admit of a fit Parson to the said Church, at the Presentation of the King by vertue of which said command the said Bishop admitted one I S his Clerke at his presentation to the Church aforesaid, and the said Church by the resignation of the said I. S. Clerke is now void, and belongeth to his Donation by reason of the custody aforesaid, the same H. I. and R. B. do not permit the sayd King to present a fit parson to the Church aforesaid in contempt of the Lord the King, &c. and his immoderate losse and vexation, We command you that by honest, &c. you shall make known, &c. to shew, &c. wherefore the Lord the King ought not to present a fit parson to the Church aforesaid by reason of the custody aforesaid, &c. And now here at this day came N. W. who followeth for the Lord the King, and the same H. and R. came not, and the she­riff now testifieth, that he made known to them of being here, &c. by T. D. and F. E. whereupon the said N. W. who, &c. prayeth Executi­on by default of the said H. and R. And hereupon came the said Ioane, and one Isabel, the wife of the said R. and the same Joane assevering the same Advowson to be the right of the said Ioane, and the same Isa­bell assevering the same Advowson to be the right of the same Isabell, say, That the Lord the King now by that writ, nor also by vertue of the Record, from whence that Writ issued, ought not to have Execution therein, because the said Isabel saith, That she is joyntly enfeoffed of the advowson aforesaid together with the said R her husband, and prayeth that she for default of her husband, &c. and prayeth to be ad­mitted &c. and the same Joan well knoweth that the Lord the King o­therwise in the Court of the King here in Cro saucti Martini, Anno su­pradict, [Page 130] superdico, arrayed the said Assize, ult. praesentationis, against the said H. the same Ioan and the same R of the advowson, of the Church aforesaid, at which said assize they personally appearing pleaded, and then put themselves upon that Assize, so that then it was considered that the said Assize should be taken, but that it should be respited here untill in 8 Hil then next following, for defect of Recognitors, &c and say that after­wards in the same that Assize depending thereof between them undeci­ded,The Attorney confesseth the action without warrant in de­ceit of his client as is before said, the Attorney of them the said H and I [...]and of the said R again appeared in the same Court without warrant, and granted to the said Lord the King presentation to the said Church, that turne, &c. reserving the right of the said H I and R when they would speake therein, wherefore whereas that Court had no authority or Jurisdicti­on to admit of the grant of the attorney of the said A I and R of the Advowson of the Church aforesaid, upon the said Writ of Assize, ulti­mo praesentationis, which was respited here untill another Term to come, pray judgement, if any Execution upon such grant after the said Assize as aforesaid was respited, ought to be made, &c. And because this same is found by the Record of the same Rolls of this Terme, it is considered, that the said Ioan and Isabell go thereof without day, &c. and whatsoe­ver shall be done by pretence of the said Grant made after the Assize a­foresaid was respited as aforesaid,Judgment a­gainst the King shall be null and void, and the Lord the King may bring an originall writ, &c.

P 27 Edw. 1. rot. 127, ss. A Scire facias for the Tenant against the Vouchee to shew if any thing,Scire facias brought by a Tenant in re­covery to have execution of Lands in va­lue against the voucher: &c. wherefore the Tenements afore­said of the lands of the said Vouchee, to the value of the Tenements a­foresaid with the appurtenances, in a competent place hee ought not to have, &c.

Judgement a­gainst the plaintiff in Sci. fac. for executi­on of a fine.H 5 H 6 rot. 304 ss. In a Scire facias for executing a fine, judgement was given against the plaintiff as followeth, therefore it is conside­red that the said Plaintiff shal take nothing by his writ of scire facias, but that the said Defendant go there of without day, &c.

Sci fac. upon a judgement in debt where the Defendant be­fore execution, fraudulently conveyed his lands and took sanctuary, to the intent to defeat the plaintiff of his debt. ss. T 71 H 4 rot. 109. Scire facias against one that made a Feoffment of his Tenements by Fraud and Covin, and tooke Sanctuary, but the said Defendant intending the plaintiff from the Execution of his debt and damages aforesaid maliciously to retard, gave and granted di­vers lands and Tenements goods and chattells within his Bailiwick to di­vers [Page 131] certain persons, by collusion between them had, to wit, that the Defendant should receive the profits thereof, to his own use, which same Defendant the profits thereof notwithstanding the said gift received, and yet doth receive, and fled to the liberty of the Abbot of W. and within the same Liberty stayed, and there liveth upon the profits of his Lands and Tenements goods and chattells aforesaid, as by the information, &c. praying according to the Form of the statute in this case made, to be pro­vided of a fit remedy in this behalf, &c. and because, &c.

M 3 H 4 rot. 11 5. ss. Scire fac. for Execution of Damagesr recovered in an Assize of fresh force in the City of Canterbury, Sci. fac. for da­mages in an as­size of fresh force. & also for for­ty shillings according to the forme of the statute thereof made, for that that the Defendant brought not the Record by him pleaded in Barr of the Assize, according to the forme of the statute of Westminster 2 Cap. 25.

T 2. H. 6 rot. 131. Scire facias against the sheriff,Sci. fac. against the sheriff for taking in suffi­cient pledges in Replegiary. Sci. fac. and judgement therein superse­ded, for that the Defendant was in the Kings custody. Sci. fac. against one Executor to have execution &c. upon a Sci. Fac: de bonis testato­ris against 2. executors, re­turned no goods in the hands of the one, and a devastavit against the other. See 4 Eliz. Dyer f. 110. pl. for that he took not sufficient pledges to have returne of the Cattell irreplegiary.

T 2. H. 4. rot. 110. entry of a scire fac. upon the note of a fine & Exe­tion awarded, but afterwards a writ out of the Chancery was dire­cted to the justices, Ad supersedendum. &c. for that the Defendant a­gainst whom the judgement was awarded, was in the Custody of the King.

P 4. H. 4. rot. 403. A scieri facias against two Executors was returned that the said Executor have no goods or chattells, which were of the Testators at the time of his death, nor had at the time of the recei­ving of the Writ, &c. But that that the said A one of the Executors a­foresaid, had diverse goods and chattells to the value, &c. but had wa­sted them before the receiving of the said writ thereof, Scire facias a­gainst him, wherefore he ought not to have Execution against him, De bonis propriis, and Eexcution was therein by default, &c.

SCire facias for I. S. widdow,A genervll ac­quittance plea­ded in bar to a Sci. fac. to have execution upon a judge­ment. Executrix of the Testament of I. S against I. R. an Attorney of the Bench upon a recovery by the Testator, for Debt and Damages, and the Defendant appeared and pleaded a gene­rall Acquittance made by the Executrix. &c.

[Page 140] A Sci: fac: against Coheires. makes default and execution against him proportion. ejus de hereditate contingen.T 27. Ed. 1. Rot. 17. in a Scire Fac, against Coheires vouch by the Tenant for the value, one of the heires appeareth and pleadeth and the other maketh default, Therefore let the execution be made a­gainst him for the portion to him happening out of the inheritance, &c. to the value of the residue, &c.

P 6. H. 4, Rot. 192. ss. in a Scire fac. against Tenants for exempting a Fine,Nota. the processe was continued untill the parties were at issue, at which day one of the tenants dyeth, and an other writ was sued by Jornies accompts,Journeis Accounts. and afterwards at the return of the 2. Scire Fac. an o­ther of the Tenants dyeth, and an other writ was sued by Jorneis ac­comptes and afterwards one of the Defendants made default,Receit. and after­wards came at a day in Court, he that made default dyeth, after the last continuance,Parol demur, for nonage of the heire. and at a day in Court, came his wife and her sister and prayeth to be received, and for that they were within age they pray pa­roll demur, &c.

M 14. H. 8 Rot 439. P. 4. H, 8. Rot. 437. A Scire Fac. awarded to have execution against the Termor for yeares within the Terme upon suggestion that the Termor had surrendred to the Defendant,A Sci: fac: against a Ter­mor. and had execution by default, &c.

COrnub. ss. It was commanded the sheriff whereas Richard Rawlin was summoned to be before the Justices of the Lord the King to an­swer Richard Barret Esquire in a plea wherefore,A Sci. fac: brought by the heire of the Plaintiff in par­tition, who after judgment and before partition made died. whereas the same Ri. and Ralph had held together undivided 1. Messuage, 1. Garden, 40 acres of Land 6. acres of meadow and 60. acres of Pasture with the appurte­nances in S. Minver, the same Ralph to make partition thereof between them, according to the Form of the statute in this case provided, contra­dicted and suffered not the same to be don against the forme of the sta­tute aforesaid in such manner thereupon in the same court it was procee­ded that afterwards to wit, in Mich term An. Reg. dicti domini. Rs, nunc 9, It was considered that partition should be made between the same Ri. and the said Ralph of the Tenements aforesaid with the appurtenances as by the Record and proceedings therein in the same Court here remayn­ing manifestly appeareth, Execution notwithstanding of the judg­ment aforesaid yet resteth undon, and the same Richard is dead as by the information of M. B. and G. B. daughters and heires of the said Ric. the King understandeth, and because, &c. that by honest, &c. he should make knowne to the said Ralph that he should be here at this day, to wit, 15. Pas. to shew if any thing, &c. wherefore partition between the same M. and Grace and the same Ralph of the Tenements aforesaid with the appurtenances ought not to be made, according to the Form of [Page 141] the consideration aforesaid if, &c.See the entry of this writ in the title Gardiano admittendo. And now here at this day came aswell the said M. and Grace by N. Sprey who is admitted by the Court here to prosecute for the same M. and G. who are within age, as Guardian of the same M. and Grace in the plea aforesaid, As the same Ralph by Iohn Hunking his attorney, and the sheriff now retorneth that the said sheriff by VVilliam Cook and Richard Harris honest, &c. made knowne to the said Ralph that he should be here at the day and place aforesaid as by that writ it was commanded him,T: 15 Jac: rot: 2035. H: 20 Jac: rot: 679. between C: and C: and hereupon the same Mary and Grace pray that partition between the same M. and G. and the said Ralph of the Tenements aforesaid with the appurtenances may be made &c. whereupon the same R. prayeth imparlance untill Cr, Trin. and hath it &c. the same day is given to the said M. & G, here, &c. See, Tri, 33. E. Rot. 1814. The tenor of a Writ of Dedimus Potestatem in gardiano admittendo in Dower, sent to the Justices of the Common Bench and the entry there, And after the entry this, And hereupon it is granted by the Court here that the said T. M. follow for the same T. B. who is within age and guardian of the same Tho. against the said Eliz. in the plea a­foresaid, &c.

P 28. H. 8. Rot, 408. ss. L. and others against A. and others, En­try in the Post, The Tenant by W. A. his attorney commeth, and calleth the Common Uouchee, and after the judgment, a Writ out of the Chancery to receive the attorney admitted is entred in haec verba.

M 44. and 45. Eliz. Rot. 1658.Entry of a Sci: fac: to have execution and seisin of new in d [...]wer, for that the Sheriff in favour of the Tenant had not duly made his execution. Suff. ss. It was commanded the sheriff whereas William Ayleff Esquire & Barbara his wife late­ly in the court of the Lady the Queen here, to wit, at Westminster by the consideration of the same Court had recovered their seisin against I. A. of the third part of the Mannor of Abbotts with the appurtenances in D. &c. and whereas also at the prosecution of the same W. and B out of the said Court of the Lady the Queen here of and upon the judgment aforesaid, to wit, the 6. day of November An. 42. Eliz. issued forth a certaine writ of the Lady the Queen de Sesina directed to the sheriff of the county aforesaid. By which said Writ the said Lady the Queen com­manded the said sheriff that he should know that the same W and B. in the Court of the Lady the Queen of the common Bench here, to wit, at VVestminster aforesaid had recovered their seisin against the said I. of the said third part of the Mannor of Abbotts in the appurtenances and 8 messuages, &c. with the appurtenances as the Dower of the said Bar­bara of the indowment of Martin A. her late husband, &c. whereupon the said Lady the Queen now, to the said sheriff commandeth that the said W. and B. full seisin of the third part aforesaid with the ap­purtenances to hold to them in severalty by meats and bounds he should cause to be had, and in as much as he should, that precept of the Lady [Page 140] [...] [Page 141] [...] [Page 134] the Queen he should make appeare to the Justices of the Lady the Qu. here, to wit, at VVestminster in 8. Hill. then next following which said Writ of seisin afterwards to wit the 16. day of Ianuary then next follow­ing at Y. aforesaid in the county aforsaid to E. B. Esquire then sheriff of the County aforesaid being, was delivered to be executed in Form of Law, And also by the information of the said W. and B. the same Lady the Queen hath understood that the said Edward favouring the same I. A. and indeavouring wholely to defraud the same W. and B, of the re­covery of the third part aforesaid afterwards to wit the 17. day of Jan. An. 43. abovesaid caused to be had to the same W. and B. full seisin of 1 Messuage in E aforesaid late in the tenure, &c. to hold to the same W. and B, as the Dower of the same B. of the Indowment of the said Mar­tin her late husband, in the same mannor of A. and to the Tenements and Rents aforesaid in Y. &c. contingent, as by the Record and procee­dings here in the same Court of the said Lady the Queen remayning manifestly appeareth, whereas notwithstanding all and singular the Tene­ments aforesaid to the same W. & B. by the said Ed. Bacon, for the third part of the Mannor Tenements and Rents, aforesaid with the appurte­nances in Forme aforesaid delivered and assigned, are not parcell of the mannor, lands, and Tenements aforesaid wherof the same W. and B. have recovered their third part in forme as aforesaid to the immoderate damage and grievances of the said W. and B. whereupon they have sup­plycated the said Lady the Queen to adhibet to them a fit remedy in this behalfe, the same Lady the Queen not being willing in any wise to injure the same W. and B. But being willing that compleat justice be don, and used to them in this behalfe, that by honest. &c, he should make known to the same I. that he should be here at this day, to wit, in 8. Mi. to shew if any thing, &c. Wherefore omitting the Tenements aforesaid to the same W. B, in Form aforesaid delivered and assigned, the same W. B, sei­sin and execution of the said third part of the mannor Tenements and Rents aforesaid with the appurtenances whereof the said W. and B. have recovered their third part in Form as aforesaid according to the Form of the recogniz. aforesaid against the same I. ought not to have if &c.

THe Defendant appeareth and saith that the said W. and A. any further execution of the third part aforesaid of the mannor and Tenements &c. aforesaid with the appurtenances by them above reco­vered against him ought not to have, because he sayeth that well & true it is, &c. And confesseth the Recovery, the writ of seisin, and the re­turn thereupon, and that the Defendant entred into the land, and fur­ther saith, That the said messuage, 3. acres of Land, &c. in D. aforesaid to the same W. B by the same E. B. for the third part of the mannor, &c. in Form aforesaid delivered and assigned, are parcell of the mannor and [Page 135] Tenements whereof the same W. & B. have recovered their seisin of the third part abovesaid in Form as aforesaid, and this, &c.Judgment for the Tenant upon the demurrer. And demurrer for that the writ lyeth not, but afterwards an other Writ generall was brought, And it was adjudged to be well brought, See Hill. 25. Rot. 650. P. 9. Jac. rot. 656.Entry of a Sci. fac. in a Quare Impedit.

T 30. Eliz. rot. 1308. Lincoln, ss. It was commanded the sheriff whereas Thomas Beverly Gent. in the Court of the Lady the Queen now here to wit, in the Term of of S. M. An. Eliz. 28. and 29. before Ed. Anderson Knight and his associats then Justices of the said La­dy the Qu. of the Bench here by the consideration of the same Court had recovered his presentation against Iohn Arch. Bpp. of Canterbury and G. Cornwall his Clerk of the Church of Somerby in the County aforsaid being void and belonging to his gift by writ of the said Lady the Queen de Quare impedit, as by the record and proceeding therein in the same Court here remayning it manifestly appeareth, Execution notwithstan­ding of the judgment aforesaid yet resteth to be don, as by the informa­tion of the said Thomas the Queen understandeth, and because, &c. that by honest, &c. he should make known to the said Arch Bpp. and Gabriel that they should be here at this day, to wit, in Cr. S, Tri, to shew if a­ny thing, &c. wherefore the same Thomas execution against them ought not to have according to the Form of the recognizance aforesaid if, &c. And now here at this day came aswell the said Thomas by VVilliam Be. his attorny as the same Arch Bpp. and Gabrill by R. P. their attorney. And here upon the said Thomas prayeth Execution of the judgments a­foresaid against the said Arch. Bpp. and G. to him to be adjudged,Saith nothing but the ordinary &c. and the same Arch Bishop defenderth the force and wrong when, &c. and nothing in Bar of the execution of the said Thomas saith whereby the said Thomas remayneth against the said Arch. Bpp. thereof without defence, Therefore it is considered that the same Thomas have execution of the judgments aforesaid against the said Arch-Bishop according to the Form of the recovery aforesaid by default, &c. But let execution therein cease,The Incumbent pleads in Bar that the writ of Quare impedit depending the plaintiff was utlawed, and that he resigned by which it ap­pertained to the Queen to pre­sent, and the Queen presented him, and that he was indicted such a day, and after that the plaintiff sued a writ of Error forth to reverse the utl [...]ry, and afterwards it was reversed. as to have a writ to the Bishop untill the plea between the said Thomas and the said Gabriel be determined, &c. and the said Gabriel saith that the said Thomas execution upon the judgment aforesaid a­gainst him ought not to have, because he saith that the said writ of quare impedit depending, to wit, such a day and yeare certain C. B. Esquire out of the Court of Chancery of the Lady the Queen at VVestminster in the County of Midd. then being prosecuted a certaine Originall writ of the said Lady the Queen against the same Thomas Beverly, &c. And recite the outlawry, Therefore he by the judgment of W. D. and T. G. then Coroners of the said Lady the Queen of the County aforesaid was [Page 144] utlawed, after wich said utlawry against the same Thomas B. in Form a­foresaid published, remayneth reversed or adnulled, and after the said recovery of the presentations aforesaid in the said writ of Scire facias specified, to wit, the first day of December An. Rn. &c. 23. the same Gabriel being then Parson of the Church of Somerby aforesaid at Somerby aforesaid on his owne accord resigned the same Church into the hands of William then Bpp. of Lincoln ordinary of that place whereof the Church aforsaid was then void, By pretext whereof the right of the presentation to the same Church being so void, by force of the utlawry aforesaid, as is before said, then being in his strength, to the said Lady the Queen belonged, the same Lady the Queen to the said Church being so void, afterwards, to wit, the third day of December An. Regni sui 9. by her letters Patents, which the said Gabriel with the Great Seale of England Sealed, bringeth here into the Court whose date is at Westminster, in the County of Midd. the same day and year, Presented the same Gabriel her Clerk, and the same Gab. by vertue of the presentation afterwards, to wit, the 5 day of December An. 29. abovesaid was admitted and institu­ted in the same, and afterwards and before the day of the purchasing of the said Writ of Scire facias, to wit, the 16. day of December An. 29. abovesaid the same Gabriel into the Church aforesaid was inducted, by pretext whereof the said Church was full and yet is of the same Gab. by the presentation of the said Lady the Queen, after which said admis­sion institution & induction of the said Gabriel into the Church aforesaid, to wit the 13. day of February An. Rn. 29. abovesaid, the same Thomas Beverly prosecuted out of the same Court of Chancery aforesaid at Westminster aforesaid, then being, a certain writ of the said Lady the Qu. De Errore corrigendo, to her beloved and faithfull Edm. Anderson Knight directed, By which said writ the said Lady the Queen now reci­teth by the said Writ that because in the Record and Procedings and also in publishing the said utlawry against the said Thomas in the County of Lincoln aforesaid published and before the same E. A. and his associates then Justices of the said Lady the Queen of the Bench, as is said retorned manifest error hath intervened to the great Damage of the said Thomas as by his complaint the Queen understood, the same Lady the Queen willing the error (if any be) in due manner to be corrected and to the same Thomas full and speedy Justice may be don in this behalf, comman­ded the said Edmond Anderson that if the utlawry aforesaid before the said Edmond and his associats aforesaid in the bench aforesaid be returned so it was said, then the record and processe of the utlawry aforesaid with all things touching them to the said Lady the Queen, under your Seale you distinctly and plainly send, and that Writ so that we may have them a die Pas. in tres Sept. then next following wheresoever we shall be in England that viewing the Record and proceedings afore­said, we have cause further to be don thereupon for correcting the said [Page 145] Error that of right and according to the Law and custom of the Lady the Queen of E. ought to be done, by vertue of which writ de err. corig. the same E. A. the record and proceedings aforesaid, whereof mention is made in the said writ of Error,Certificat of the utlawry up­on the writ of Error. to the said Lady the Qu at W. aforesaid at the said tr. Sep. Pas. under his seal sent according to the form and effect of the said writ, the Tenor of which Record and proceedings follow in these words, Pleas at W. before E. A. Kr. and his associats Justices of the said La­dy the Qu. of the Bench of E Term An. of the reign of El. by the grace of God, &c. 28. rot 1209. Lincoln ss. Charles Bawdes Esquire by his attorney offered himself the 4. day against Thomas Baverley, &c, of A plea wherefore with force and armes, &c. And he came not, &c. there­fore the sheriff was commanded that he attach him, &c. and the sheriff now returneth that he hath nothing, &c. therefore let him be taken that he may be here (Tli. die) At which day there came the said Charles by his attorney, and offered himself the 4. day against the said Thomas in the plea aforesaid, and he cannot, And the sheriff was commanded that he should take him, &c. and the sheriff now returneth that he is not found, &c. Therefore as before let him be taken that he be here Tli, die ss. Pleas at Westminster before, &c. and recite the entry of the Plu. Capias, and the pleas at Westminster, &c. And recite the entry of the Exigi. Fac. At which day the sheriff returned that his county held at Lowth in the county aforesaid the 24. day of Oct. An, Regni Eliz. now &c. 28. The same Thomas Beverly was the 5. time called and appeared not, And that so at the 4. Countys next preceding the same Thomas was likewise called and appeared not, and because he appeared not, at any of the aforesaid Countyes, therefore he is utlawed, & afterwards, to wit, on Thursday next after tres Sept. S. Mich. then next following before the said Lady the Queen at Westminster came the same Thomas B in his proper person and rendred himself prisoner to the Marshall of the Marshallsey of the said Lady the Queen before the same Queen by oc­casion of the utlawly aforesaid, who was committed to the Marshall, &c.Error assigned. And presently said that in the record and proceedings aforesaid, and also in publishing of the outlawry aforesaid, it was manifestly erred in this, that within the county of Lincoln aforesaid were, and at the day of purchasing of the originall Writ aforesaid, and also from the time wher­of the memory of man is not to the contrary, there were two Townes, one called Humby the great, the other Humby the lesser, and neither Towne was named or called Humby alone without addition, and this he was ready to veryfie whereupon he then prayeth judgment and that the utlawry aforesaid for the said Error, and &c. others in the Record & pro­ceedings aforesaid being, might be revoked, adnulled, & taken altogether for nothing. And he to the common Law of the Realm of the Lady the Queen of England, and also to all things which he had lost by the occa­sion of the utlawry aforesaid might be restored, &c. And then the said [Page 146] T. B. prayed a writ of the said Lady the Queen to premonish the said Charles of being before the said Lady the Queen to hear the record and proceedings aforesaid and it was granted him,Scire facias. &c. Whereupon it was commanded the sheriff that by honest, &c. he should make knowne to the said Charles that he should be before the said Lady the Queen in Oct. S. Marti. then next following wheresoever, &c. to hear the record and proceedings if, &c. and further, &c. the same day then given to T. B. &c. And hereupon then came W, K. of, &c. Gent. S. T. of the pa­rish, &c. Gent. I D of London Yoeman and L. R &c. and undertook for the same Iohn Beverly to have the body of the same Thomas before the said Lady the Queen at the same Term,The plaintiff bayled, corpus pro corpore. and so from that day untill &c. every of the said Manucaptors body for body, &c. at which said Oct. Martini before the said Lady the Queen at Westminster aforesaid came the said Thomas B. in his proper person and the sheriff of the said county of Lincoln then returned there, that by vertue of the said writ to him di­rected, by G. S. and R. B. honest, &c. he had made knowne to the said Charles, B. of being before the said Lady the Queene at the day and place in the same Writ contained, to hear the record and proceedings aforesaid if, &c. according to the exigency of that writ which the said C. B. the 4. day of the plea being solemnly called by S. W. his attorney came, whereupon the said Thomas as before then said that in the record & proceedings aforesaid and also in the publishing of the utlawry afore­said it was manifestly Erred, alledging the Error aforesaid, by him in form aforesaid alledged, and prayeth that the utlawry aforesaid for that error and others in the record and proceedings aforesaid found, might be re­voked adnulled and altogether taken for nothing. And that he to the Common Law of the Realme of the Lady the Queen of England, and also to all things that he by occasion of the utlawry aforesaid had lost might be restored, and that the said Charles might rejoyne to the said Error, And the same C. prayeth licence therein to imparl and it was gran­ted him, &c. & here upon day therein was given to the parties, aforesaid before the Lady the Queen here untill in 8. S. Hill. then next following wheresoever, &c. to wit, the said Charles Baudes of speaking to the said Error, and then to rejoyne to that Error, at which said Oct. S. Hill. before the said Lady the Qu. at Westminster came aswell the said T. B. in his proper person as the same Ch. by his attorney aforesaid. And the same C. then said that the utlawry aforesaid ought not to be revoked, because he said that within the County of Lincoln aforesaid was, and at the same tine of the purchasing of the originall writ aforesaid, and also from the time whereof the memory of man is not to the contrary, there is one Towne called and known, aswell by the name of Humby alone, as by the name of Humby the great, & this he was ready to verifie, whereupon he prayeth judgment and that the judgment aforesaid in all things might be confirmed, And the said Thomas Beverly as beforesaid, That within [Page 147] the said County of Lincolne were and at the same time of purchasing of the originall writ, and also for the time whereof the memory of man is not to the contrary were two Towns the one called H. the great, the o­ther called H. the lesser, without this that within the county of Lincoln aforesaid was and at the same time of purchasing, &c. was one Towne called and known by the name of H. only,Travers. as by the name of H. the great in manner and Form as the said C. B. above in pleading had alleadged and this he was ready to verifie, whereupon as before he prayed that the utlawry aforesaid might be revoked, adnulled, and altogether taken for nothing, And that he to the common Law of the Realm of the La­dy the Queen of England, and to all things which he by occasion of the utlawry aforesaid had lost might be restored, &c. And the same Charles as before, said, that within the county of Lincoln aforesaid there was and at the same time of purchasing of the originall writ aforesaid, was one Towne called and knowne aswell by the name of Hu. only, as by the name of Humbly the greater, in manner and Forme as the said Charles had a­bove alledged, and of this he put himself upon the Country, and the said Thomas likewise therefore it was then commanded the sheriff of the said County of Lincoln that he should cause to come before the Lady the Queene in Oct. Pur. 12. of the body of the County of Lincoln by whom, &c. And recite the Postea, who say upon their oath that with­in the county of Lincoln aforesaid, there is not, nor at the within writ­ten time of purchasing of the said originall writ within writien was there a Towne called and knowne aswell by the name of Humby only, as by the name of Humby the great, as the same Thomas B. hath within alled­ged, whereby it was then considered in the same Court there, that the utlawry aforesaid should be revoked adnulled and altogether taken for nothing and the same Thomas B. to the common Law of this Realm of England and to all things that he by occasion of the utlawry aforesaid had lost should be restored, &c. And this he is ready to verifie whereupon he prayeth judgment, and that the said Thomas Beveley may be barred from having execution against him of the judgment aforesaid, &c. Judg­ment was given against the Queen. quaere.

T 11. Jac. rot. 707. Brownlow, ss. Otherwise as it appeareth,A Scire faci [...]s brought against the principa [...]l, and bayl to pro­secute an Audi­ta querela. where judgment was given for the plaintiff up­on Nil capiat pro bre. Pas. 11. Jac. Rot. 1510. It is thus contayned, Mid. ss. It was com­manded the sheriff whereas G. B. of Cobham in the County of Surry gent. had prosecuted a certaine Writ of the Lord the King of Audita querela to the Justices of the Lord the King here directed against one I. D. Do­ctor of the Lawes upon a certain judgment in the Court of the said Lord the King of the Common Bench here given for the same Iohn against the said O. given aswell of a certaine debt of 200 l. as of 33 s. and 4. d. for his damages which the same I. had by occasion of detayning of that debt by the same Iohn against the said O. in the same court of the said Lord the [Page 148] King here rccovered, and the same O, thereupon afterwards, to wit, the 29. day of May An. Rs. &c. 7. out of the same Court had obtayned a certaine writ of the said Lord the King directed to the sheriff of Suss. against the same Iohn, to premonish the said Iohn of being before the Justices of the said Lord the King here, to wit, at Westminster, such a re­torn, the next following to answer to the said writ of Audita querele, And further to do and receive what the Court of the Lord the King shall consider of him in that behalf, and whereas also afterwards, to wit the said 29. day of May An, 7. abovesaid, in the same Court before the Justices of the said Lord the King at Westminster came E. M. of, &c. G. M. of, &c. T. W. of, &c. and R. E. and undertook, and every of them did undertake for the same O. in the summe of 200 l. and the same O then present in the same Court undertook for himselfe in the summe of 500 l. to prosecute the said writ of Audita querela with effect and if it shall happen judgment against the said O. in this behalfe to be given, that then the same O. should satisfie to the same I. of the debt and da­mages aforesaid in the same Court recorded, which said summe of 500 l. the said Owen acknowledgeth of his Lands and Chattles to be made and to be levied to the use and behoofe of the said Iohn, And which said seve­rall sumes of 200 l. every of the Mnucaptors, aforesaid acknowledge of their Lands and Chattles, and every of them to be made if it should happen the said Owing to make default in any of the premisses and there­of to be lawfully convicted, and although afterwards, to wit, in the morrow of the holy Trinity An. Rs. &c. 8. after the appearance of the said Iohn to the writ aforesaid made in the Court of the said Lord the King before his Justices here, to wit, at Westminster by the judgment of the same Court it was considered that the said Owing shall take nothing by the said writ aforesaid, but should be in mercy for his false clamor therein, And that the said Iohn should goe therein without day, &c. and prosecute for his execution if to him it should seem expedient. Neverthe­lesse the said Owing of the said 200 l. of the debt aforesaid the said 33 s. and 4 d. for the damages aforesaid hath not satisfied to the said Iohn neither the said Owing the said 500 l. by him in Form aforesaid acknow­ledged, to the said Iohn hitherto hath not paid nor the same Edmond George Thomas, & Robert or any of them the said 200 l. by them severaly in Form aforesaid acknowledged of their lands and chattles to the same I. D, hitherto hath paid, as by the information of the said Iohn, the King understandeth, And because, &c, that by honest, &c. he make knowne to the said O. E. G. T. and Rob, that they should be here at this day, to wit, 15, Pas. to shew if any thing, &c. to wit, the same O, wherefore the same 500 l. by him in Form aforesaid acknowledged of his lands, and chattles, and the same E- G. T. and R. wherefore the same 200 l. by them severally in Form aforesaid acknowledged of their Lands, and Chattles, ought not to be made and rendred to the said Iohn according [Page 149] to the Forme of the acknowledgment aforesaid if, &c. At which day here came the said John by I, N his attorney and offered himself the 4. day against the same O. E. G. T. and R. in the plea aforesaid and they being solemnly called came not, and the sheriff now retorneth that they have nothing, &c. nor are found, &c. Therefore as before it was com­manded the sheriff that by honest, &c, he should make knowne to the said O. E. G. T. and R. that they should be here 15 Pas. to shew in Form aforesaid, &c. At which day here came aswell the same Iohn by his Attorney aforesaid as the said O. E. G. T. and R. by Oth. Gager their Attorney and the sheriff as before retorneth that they have nothing, &c. nor are to be found, &c. And hereupon the same Iohn prayeth execution against the said Owin of the said 500 l. by the same O. in Form aforesaid acknowledged, and against the same Edmond for the same 200 l. by the same E. in Forme aforesaid acknowledged and against the said George for the said 200 l. by the same George in Form aforesaid acknowledged, And against the said Thomas of the said 200 l. by the same Thomas in Form aforesaid acknowledged, And against the said Robert of the said 200 l. by the same Robert in Form aforesaid acknowledged to him to be adjud­ged, &c. and the same O, E. G, T. and R. praylicence to imparle and have it, &c. At which day came here aswell the said Iohn as the said O. E. G. T. and R. by their attornies aforesaid and hereupon the same Iohn as before prayeth judgment and execution against the said O. E. G. T. and R. of the said severall summes by them in Form aforesaid acknowledged to him to be adjudged, &c. And the same attorney of the said O. E, G, T. and R. saith that he is not informed, &c. therefore it is considered that the same I. D. have execution against the same O, for the said 500 l. by the same O. in Form aforesaid acknowledged, and against the said Ed. for the said 200 l. by the same E, in Forme aforesaid acknowledged, and against the said George for the said 200 l. by him in Forme acknowledged, And against the said Thomas for the said 200 l. by the same Thomas in Forme aforesaid acknowledged. And against the said Robert for the said 200 l. by the same Robert in Form aforesaid acknowledged, &c.

T 10. Jac. Rot. 338, Walter Staff. ss. It was commanded the sheriff,Entry of a spe­ciall writ of Scire facias where the lands are extended for the P [...]. but the sheriff saith that he exten­ded the same Lands upon an other Elegit and delivered them to the party, and that he cannot deliver them to the p [...]. now untill the debt aforesaid be levied, and upon a judgment that the first recorder is sati [...]fied he shall have such a Scire fac. against the first creditor to remove him, and to have the lands delivered upon the se­cond extent. 38, E. 3. 12. 6. whereas it was considered that in the Court of the Lord the King here that Edward B. Knight should have execution against Thomas Co­ney late of, &c. otherwise called, &c. aswell of a certaine debt of 80 l. which the same Ed. otherwise in the Court of the Lady Elizabeth late Queen of England here, to wit in Mich. Term An. of the Reigne of the said Lady the Queen 39. and 40, had recovered against him, as of 50 s, [Page 150] which to the same Ed. in the same Court were adjudged for his damages which he had by occasion of the detayning of that debt whereof he is convicted. And the same Edward afterwards came into the Court of the Lord the King now here, and by the statute in such case provi­ded chose to be delivered to him all the goods and chattles of the said T. besides his Oxen & other necessaries for the plough, & likewise the moy­ety of all his lands and Tenements in the County of Staff. to hold as his Free Tenements to him and his assignes, according to the statute a­foresaid untill he had levyed the debt and Damages thereupon, where­upon the King by his writ commanded the sheriff of Staff. that all the goods and chattles of the same T. besides his Oxen and necessaries of his Plough, and likewise all his lands and Tenements in the County of Staff. whereof the same T. in Cr. Anim. An. of the Reigne of the late Queen 39. or at any times afterwards was seised or possessed, without delay he should cause to be delivered to the said Edward, by a resonable price and extent, to hold to him the goods and Chattles aforesaid as his proper goods and Chattles, And also to hold the moyety aforesaid as his Free Tenement to him & his assignes, according to the Form of the statute aforesaid, untill he had levied the debt & Damages aforesaid there­upon, and in asmuch, &c. the sheriff should make to appeare here in Crast. Anim. An. Regni Rs. nunc 9, and the same sheriff here then returned that he by vertue of the writ aforesaid to him directed had take a certain Inquisition before him at Stafford in the same County of Staff. the 22. day of October last past by the Oath of 12. &c. by which it was found, that the same T. after the Judgment in the same Writ specified given, to wit, the 20, day of November, before the taking of the inquisition aforesaid was seised, in his Demesne of Fee, of and in the Mannor of W. Coney with its Rights members and appurtenances in the said County of Saff. of the yearly rent in all issues besides reprizes 40 s. and recite the return of the inquisition word for word, untill in all issues besides reprizes 20 s. And further by the Inquisition aforesaid it is found that the same T. C. at the time of giving of the judgment in the Writ aforesaid specified, or at any time afterwards untill the same day of taking of the inquisition aforesaid, had no other or more land or Tenements, nor any goods or Chattels in the same County of Stafford to the knowledge of the Jury of the Inquisition aforesaid, & further the same sheriff then & there retur­ned that he by vertue of the Writ aforesaid, the moyety of the Mannor and Tenements aforesaid above mentioned to be extended, to the same Edw. B. according to the exegency of that writ he could not cause to be delivered for that the Mannor aforesaid and all other the premisses with the appurtenances, by vertue of an other writ of Extent and Liberi fac to him before therein directed the eight day of January last past to one H P. made to be delivered, All and singular which premisses with the appurtenance in the hands of the same H. yet are and remaine by [Page 151] occasion thereof. And as to any further execution of the said writ no­thing by the said sheriff was further acted therein, As by the Record thereof in the Court here remayning manifestly appeareth, & although after the taking of the Inquisition aforesaid the 8. day of November An: Regni of the said Lord the King now of England the 9, th. abovesaid, it is satisfied to the said Humphery by the said T. Coney of his debt and Damages in the said other Writ specified, And although also the said Edward be not yet satisfied of his Debt and Damages aforesaid, Not­withstanding the same Humphery yet keepeth possession of the lands and Tenements aforesaid with the appurtenances,Generall aver­mant of satisf [...] ­ction. as by the information of the said Edward the King understandeth, And the same Lord the King being willing to do to the said Edw what is just and consonant to reason doth command the sheriff that by honest, &c. he should make knowne to the said Humphery that he should be here at this day, to wit, Cr. S. Trin, to shew if any thing, &c. wherefore the same Humphery whereas he is satisfied of the Debt and Damages aforesaid, in Form as aforesaid, The possession of the Mannor & Tenements aforesaid with the appurte­nances he would hold or ought, and row here at this day came aswell the said Edward by Iohn Richards his attorney as the same Humphery by R. G. his attorney, and hereupon the same E. prayeth judgment and that the same H. from his possession of the Mannor and Tenements aforesaid with the appurtenances may be removed, And that the said Edward into the possession of the moyety of the same Mannor and Tenements with the appurtenances may be restored, so that the moyety of the same to the said Edward according to the extent aforesaid may be delivered, &c.

ANd the said Humphery reserving to himself all and every advanta­tages and exceptions,Speciall impar­lance. aswell to the Writ as to the declaration a­aforesaid, prayeth license thereof to imparll untill Oct. S. Mich. and hath it, &c. the same day is given to the said Edward B. here, &c. At which day here came aswell the said Edward as the said Humphery by their at­tornies aforesaid, And hereupon the same Edw as before prayeth judg­ment, and that the said H. from his possession of the mannor and Te­nements aforesaid with the appurtenances may be removed, and that the moyety of the same Mannor and Tenements aforesaid with the ap­purtenances to the said Edward according to the Extent aforesaid may be delivered, &c. And the same Humphery nothing in Bar or delay of the judgment aforesaid saith whereby the same Edward, remayneth against the same H. therein without defence, Therefore it is considered that the same Humphery from the possession of the mannor & Tenements aforesaid with the appurtenances be removed, &c. And that the moyety of the same Mannor and Tenements with the appurtenances according to the Extent, aforesaid to the said Edward should be delivered, and &c. [Page 152] And hereupon the sheriff is commanded that he remove the same Hum. from the possession of the mannor and Tenements aforesaid with the appurtenances and the moyety of the same Mannor and Tenements a­foresaid with the appurtenances according to the Extent aforesaid without delay he should cause to be delivered, And in asmuch, &c. the sheriff make to appeare here 15. Hill. at which day here came the said Edward by his Attorney aforesaid, and the sheriff of the said Coun­ty of Stafford, to wit, R. M. Esquire now returneth that he by vertue of the writ aforesaid to him directed the 20, day of January An. &c. 10. came to the mannor and Tenements aforesaid with the appurtenances And the same Humphery P, from the possession of the Mannor, and Te­nements aforesaid with the appurtenances removed, And the moyety of the same mannor and Tenements aforesaid with the appurtenances, to wit, one Close called the Mills. of the yearly in all issues besides reprises 8 l. and so recite such premisses as are expressed in the Writ by the first Inquisition, unto beyond reprizes 4 l. being the equall and just moyety of the whole Mannor and of all the Tenements aforesaid with the ap­purtenances to the same Edward B. made to be delivered according to the extent aforesaid in the Inquisition aforesaid above made, as by the said Writ it was commanded to him, &c.

Entry of a Sci. fac. against the Conusee in a statute merch. brought by the conusor to have back the posses­sion of lands extended, for that he is satis­fied. M. 47. E. 3. fo. 11 Pl. 9. fit. Sci. fac. 96. T. 17. E. 3. fo. 43. Pl. 38.T 19 Jac. rot. 2159. Brownlow London ss, It was commanded the she­riffs that they should take the body of Thomas Leake of L. in the County of Nottingham Gent. if he were a Lay-man, and in the prison of the Lord the King under their custody should safely keep, untill unto G. Woodnot of S in the same County Gent. of four hundred pounds which the same Thomas, the thirtieth day of October, Anno Regni, &c. 4. be­fore I. R. then Mayor of the City of Lincolne, and Leonard Carr Clark, deputed to take the Recognizance of Debts within the City, acknow­ledged himselfe to owe to the said George, and which to him at the Feast, &c. then next following he ought to have paid, and the same to him hi­therto he hath not payd, as it is said, and insomuch as shall be executed of that precept of the Lord the King, they should make knowne to the Justices of the said Lord the King at Westminster in Cr. S, Trinitatis An. Rs. &c. 18, And the same sheriff to the Justices of the Lord the King at Westminster at that day retorned,H. 17. Jac. rot 293 [...]. L. a. R. and F. the like Scire fac. upon a promise that the conu­see is satisfied pro fluxum temporis. That the said Thomas was not found in their bayliwick, Therefore it was commanded to the sheriff of B. that all the goods and Chattles of the same Thomas, and all his Lands and Te­nements whereof the same Thomas at the day of the acknowledgment of the debt aforesaid or at any time afterwards was seised unto those hands soever they have came, unlesse they descend to some heir being within age by hereditary descent, you cause to be delivered to the said George by resonable price and extent to hold to him the goods and Chattles a­foresaid as his proper goods and Chattels, And to hold the Lands and [Page 152] Tenements aforesaid as his Free Tenements to him and his assignes ac­cording to the Forme of the statute thereof provided untill the Debt a­foresaid together with reasonable Damages costs & charges as in labours suits delayes, and expences he had therein levied,T: 39 Eliz: rot: 1711. the De­fendant after judgment and before executi­on makes a Fe­offment in fee to I: S: who en­fensss J: N: and then the lands are extended, the second Fe­offee bring the moneys into the Court, and pray­eth restitution, the Plaintiff warned comes and receives the money, and re­stitution was awarded. and in asmuch as the said sheriff had executed the said precept of the said Lord the King, he should make appeare to the Justices of the said Lord the King at Westm. from the day of the holy Trinity in three weeks An. R. &c. 18. At which day Humphery Foster Baronet, sheriff of the County of Berke then returned to the justices of the Lord the said King at Westm. a cer­taine Inquisition before him at Winsor in the County aforesaid the first day of Iuly then last past taken, by which it was then found that the said Thomas after the Recognizance of the Debt aforesaid and at the time of taking of that Inquisition was seised in his Demesn as of Fee and right of and in the Mannor of W. otherwise E. W. and also of the Scite and Mansion house of the same mannor of W. otherwise E. W. And so re­cite the whole Inquisition verbatim, unto the issues besides reprises of 50 l. which said mannor and Scite and of the mannor aforesaid with all their appurtenances, the sheriff aforesaid the first day of July delivered by the extent aforesaid, to the said George to hold to him and his assignes as his Free Tenement untill the Debt aforesaid, together with the reaso­nable and necessary Damages costs and charges should be levyed thereof as by the same writ, and returne thereof in the same Court of the Lord the King here of Record remayning manifestly appeareth, And although after the taking of the Inquisition aforesaid the said George was satisfied of his Debt, Damages, costs & necessary and resonable charges, Never­thelesse the same G. possession of the Mannor & Tenements aforesaid with the appurtenances yet holdeth, as by the information of the said Th. the King understandeth, The Lord the King willing to do in this be­halfe what is just and consonant to reason, doth command the sheriffs of London that by honest and lawfull men of their bayliwick they should make knowne to the said George W. that he should be here at Westmin­ster in Crastino S. Trinitatis to shew if any thing, &c. Testat: Sci: Fac: awarded. wherefore the same George (whereas to him) of his Debt, Damages, Costs and resona­ble and necessary, charges, it hath been satisfied, possession of the man­nor and Tenements aforesaid with the appurtenances he ought or can hold, At which day the sheriff, returne to the Justices of the Lord the King here that the said G. hath nothing in their bayliwick whereby they could make knowne to him, neither was found in the same, whereas it was Testified in the same Court of of the Lord the King here that he hath sufficient in the County of Nott. whereby the same sheriff can make knowne to him, whereupon it was commanded to the same sheriff of N. that by honest and lawfull men of his Bayliwick he make knowne to the said George that he should be here at this day, to wit, tres Trin. to shew if any thing, &c. wherefore the same George, whereas to him, of his debt [Page 150] Damages, costs and reasonable and necassary charges it hath been satisfi­ed, possession of the Mannor and the Tenements aforesaid with the ap­purtenances he ought or can hold, At which day here came the same T. by Iohn Maior his attorney and offered himself the 4th. day against the said George in the plea aforesaid and he being solemnly called, by Thomas Bennet appeared, and the sheriff, to wit, Thomas Huchison Knight, now retorneth that he by vertue of the Writ aforesaid to him directed by George West and G. Mercer honest, &c. of his bayliwick make known to the said George that he should be before the Justices of the Lord the King at the same Term. And hereupon the same George by his attorney afore­said prayeth licence therein to imparle here untill in 8. S. Mich. And hath it, &c. The same day is given to the said Thomas here, &c.

Entry of a Sci: fac. after a de­vastavit retur­ned brought by the Administra­tor of the plain­tiff who is dead, after judgment upon the devastavit that he should have execution de bonis propr. execu­toris. M: 9 Jac: Rot: 703. the like.H 19. Jac. Rot. 2098. B. Cornub, ss. It was commanded whereas the King had lately commanded W. C. late sheriff of the County aforesaid that of the goods and Chattells which were of Io. P. late called Io. of M. within the parish of P. in the County aforesaid Gent. at the time of his death in the hands of W.P. late of P. &c. Gent. and Joane P. late of P. in the County aforesaid widow executors of the Testament of the same Iohn in your bayliwick he should make aswell a certaine Debt of 40 l. which Gar. B. widow in the Court of the King now here, to wit at Westminster had recovered against them, as 40 s. which to the same G. in the same Court of the King here were adjudged for her Damages which she had by occasion of the detayning of the said Debt, if the same W. and I. so much goods and Chattells which were of the same I. at the time of his death in their hands to be administred had, and if they had not. Then the Damages aforesaid of the proper goods and Chattells of the said William and Joane to be levied and that he should have those monyes here in Cr. S. Martini last past to render to the same Gar. for her Debt and Damages aforesaid whereof they are convicted. And now here at this day came the said Gar. by Nich. Cory her attorney, And the same now Sheriff at that day retorned, that before the comming of the Writ aforesaid to him directed, the same William and Joane the goods and Chattles which were of the same Iohn at the time of his death in the hands of the said William and Ioane to the value of the debt and Damages aforesaid had wasted, by which the Debt and Damages a­foresaid or any parcell thereof he could cause to be made and the same sheriff further returneth that he caused to be made of the proper goods and Chattels of the said William 40 s. for the Damages aforesaid, which said 40 s. at the day and place abovesaid he had ready as by the said writ it was commanded him, And the same Gar. is dead as by the infor­mation of E, L. and Margaret his wife Administratrix of the goods and Chattels which were of the said Gar, at the time of her death and Ric. Penhallow and Mary his wif co-administratrix with the said Margaret of [Page 151] the goods and chattells aforesaid, the King understandeth, and because, &c. That by honest, &c. he should make known to the same William and J, that they should be here at this day, to wit, Tres Tr. to shew if a­ny thing, &c. wherefore the said Ed. and Margaret R. and Mary, Offer. ex­ecution against them for the Debt aforesaid, of the proper goods and Chattells of the same W. and I they ought not to have, &c. And now here at this day came the same Ed. and Margaret, Richard and Mary by the same N. C. their Attorney,Averment, that the plaintiff di­ed intestate, and the Letters of administration shewed, &c. and offered themselves the fourth day against the same William and Ioane, in the same plea, &c. and they be­ing solemnly called came not, and the sheriff now returneth, that they have nothing, &c. nor are found, &c. And hereupon the same Edward and Margaret, Richard and Mary say, that the said Gartrude dyed in­testate, and that the Administration of all the goods and chattells which were of the said Gartrude at the time of her death, by George, by Divine providence, &c. the twenty sixt day of May, Anno Domini, 1621. at London, in the Parish of Saint Mary Bow, in the Ward of Cheap, to the same Margaret and Mary after the death of the said Gartrude was com­mitted, and they bring here into the Court the Letters administratory of the said Arch-Bishop which the Commission of the Administration a­foresaid, in forme aforesaid, testifie, &c. and pray Execution against the same William and Ioan of the Debt aforesaid, to them to be adjudged, &c. Therefore it is considered that the same Edward and Margaret, Ri­chard and Mary, Execution by Default. have Execution against the said W. and Io. of the debt aforesaid, of the proper goods and Chattells of the same W. and Ioane to be levied by default, &c.

TRin. 2. H. 6. rot. 131. Essex ss. It was commanded the Sheriff,Entry of a Scire fac. against the Sheriff for ta­king insuffici­ent pledges in a Replegiare in Com. 2 H. 6. fol. 15. pl. 15. This case reported agreeing with this Record. Fitzherbert processe 72. 9 H. 6. 42. Booke of en­tries, 564. 570 571. 15 E. 4. fol. 19. by Callow Detinue [...]yeth- H 11. Jac. 10 [...]. 3563. Bi: Leicester ss. Sommerfield and Buney against Beamount, the like Scire facias. F.N.B. 69. cap. 74.21. H. 6. 40. Hill. 44. Eliz. rot. 2555. whereas of late, the King had commanded the same sheriff, that by honest and lawfull men of his County he should make known to Jo. Wallis and William Bennet, who for John Compeer late of O. &c. became pledges for the Return of the cattell to be made, which Jo. Armour Citizen and Mercer of London took and unjustly detained, as is said, if it should be adjudged, that they should be before the Justices of the Lord the King here in Octob. saucti Hillarii, last past, to shew if any thing, &c. where­fore the cattell aforesaid, for that return of them to the said I Armour, for default of the same I. C. in the same Court afterwards made, was ad­judged, and that the cattell aforesaid were sold and eloyned, to the same I. Armour, ought not to be returned, or for defect of Return of [Page 156] the same Cattell, the Price of them of the lands and chattells of the same I W. and W. B. in your Bailiwick to be made and rendred to the same I A according to the forme of the statute therein made, and of the pled­ges abovesaid, the same sheriff to the same Justices of the Lord the King at that day returned, that the same I W and W B have nothing in his Bailiwick by which he could make known to them, nor were found in the same, whereby the said I. A. from having return aforesaid, hath received a very long delay, whereupon he hath besought the Lord the King to exhibit justice to him, and that the statutes of the Kingdome of the Lord the King made for the bettering of the same, may remaine sta­ble, the King will for the benefit of his Leige people, by speediest reme­dyes, consonant to the same statutes, that by honest, &c. hee should make known to W. L. late sheriff of the County aforesaid, predecessor of the now sheriff, who took the pledges aforesaid in Forme aforesaid, that he should be here at this day, to wit, in 8 sancti Trinitatis, to shew if any thing, &c. wherefore he so many cattell, to wit, two horses and eighty sheep, as the same I. A. took from the same I. C. as in the same Court he hath avowed,Sci. fac. retur­ned. or the price of them for the insufficiency of the pledges aforesaid, to the same I. A. in the name of the Returne of the Cattell aforesaid, ought not to render according to the Forme of the statute aforesaid,Judgement 'by default, and the awarding of a writ to take of the said she­riff totanimali vel prec. and to deliver them to the plaintiff Nomine retur­ni. if &c. And now here at this day cometh the same I. A. in his proper person, and the said W.L. late sheriff, 4 Die pl. being so­lemnly called came not, and the sheriff now returneth, that hee made known to the said late sheriff of being here at this day to shew in Forme aforesaid, by I.S. and W.C. Therefore it is considered, that the same I. A. have of the late sheriff two horses and eighty sheep, to the value of the other goods aforesaid, which the said I.A. late took or the price of them, and a writ to the sheriff to take of the late sheriff the Cattell a­foresaid or the price of them, and them or that to the same I.A. in the name of the Returne of the other cattell aforesaid to deliver, &c.

Count in Sci. fa. upon a Recog­nizance ac­knowledged in the Country be­fore a Justice of the common Bench, and afterwards delivered to be inrolled, and is enrolled in the same Terme, in which it was de­livered to be inrolled, H. 8. Eliz. rot. 104 3. H. 15. Jac. rot. 21. int. Pl. ter. and there rot. 80. a recogni­zance is entred with a condition, T. 21. Jac. rot. 73. or 78. the like. Inrollment of a recognizonce with the Terme & number of the roll extressed, Mich 28. and 29. Eliz. rot. [...]046. Generall entry of a recognizance taken before a Justice of the Common Bench, and a Scire facias there­upon.M 20 Jac. rot. 843. Brownlow, otherwise as it appeareth in Michael­mas Terme 19. Jac. rot. 1906. It is thus contained, Oxon ss. It was commanded the sheriff, whereas R. H. of S in the County of Oxon Esquire, the twentieth day of Iuly Anno, &c. 18. and Scotland 53. be­fore Peter Warburton Knight then one of the Justices of the Lord the [Page 157] King of the Common Bench of the City of Oxford, in the County a­foresaid, acknowledged himself to owe to Richard Farmer of S. in the County aforesaid Knight, one thousand Markes of lawfull mony of England, which he ought to have paid him at the Feast of the birth of our Lord then next following, which same Recognizance, the same Pe­ter Warburton afterwards, to wit, the twelfth day of February in the Terme of Saint Hillary, Anno 18 abovesaid, delivered here in Court with his own proper hands to be there inrolled upon Record, and there before Henry Hobart Knight, Cheife Justice of the Lord the King of Common Bench, and his Associates, Justices of the said Lord the King of the same Bench, in the same Terme of Saint Hillary, it is enrolled upon Record, which said one thousand Markes the same R to the said R. hath not yet paid, as by the information of the said R. the King un­derstandeth, and because, &c. that by honest, &c. hee should make known to the said Ralph that hee should be here at this day, to wit, A die sancti Michaelis in unam mensem, to shew if any thing, &c. where­fore the said one thousand Markes ought not to be made of his Lands and chattells in your Bailiwick, and rendred to the same R. according to the Forme of the Recovery aforesaid, if, &c. And now here at this day came the same Richard by Thomas G. his Attorney as the sayd Ralph forenamed, &c. by Io. Wells his Attorney, and hereupon the same Richard prayeth Execution against the same Ralph, of the said one thou­sand Markes of the Lands and chattells of the same Ralph, to be made by pretext of the Recog. aforesaid to him to be adjudged, and the same Ralph prayeth the hearing of the Recognizance aforesaid, and it is read unto him, &c. And also prayeth the hearing of the Condition of the same Recognizance, and it is read unto him in these words, The con­dition of this Recognizance is such, That if the said Ralph Holte his He [...] or Assignes shall and will for his and their parts, well and truly observe fullfill and keep the Award, Doome, and Order of Sir Thomas Spencer Knight, and Baronet, and Edw. Sheldon Esquire, for and concerning Suits, matters, and controversies moved, depending or being between the said Ralph Holte on the one part, and the above named Sir Richard Farmer on the other part, for and concerning the Common for foure hundred sheep, and right for keeping conyes, in and upon the grounds called Bayards green, in the County of Oxford, and all Commons and other profits claimed therein by the said Ralph Holte, and the Right, Ti­tle, and possession of the same Common, and keeping of Conyes so as the said Sir Thomas Spencer and Edward Sheldon, do make their sayd Award touching the premisses or any part thereof, on this side the Feast day of the Nativity of our Lord next coming, after the Date hereof, and do cause the same to be put in writing under their hands and seales ready to be delivered unto the said Ralph Holt, then this present Recogni­zance to be void, or else to stand in force and vertue, which being read [Page 146] and heard, the Defendant prayeth imparlance and hath it, &c. And it is continued by imparlance untill Cr. Tri. 20. Jac. at which day the De­fendant pleads no award made generally, The plaintiff pleads an award and sets forth a breach,Causes of de­mu [...]rer. that the Defendant at Midsomer 1621. did not pay 14 l. of an Annuall summe of 14 l. by the award yearely to be paid the Defendant demurs for two causes 1. for that the plaintiff hath not set forth any sufficient breach of the award, 2, for that the award for pay­ment of the said 14 l, is void, Joinder in Demurrer.

Entry of a writ of Testat. Sci: fac: against Ter tenants, who appear upon the Sheriffs return, and say that there is another Terte­nant in an other County, non praenuncit, and pray that they may not answer to the w [...]it of Sci: fac: brought against them usque alius p [...]aemuniatur.T 20. Jac. R. Rot. 3047. Brownlow, Otherwise as it appeareth Mich. 19. Jac. Rot. 939. It is thus contayned; otherwise as it appeareth M. 19. Rot. 1637. It is contayned thus London ss. It was commanded the sheriffs whereas Ʋ. Norrington latly in the Court of the Lady Elizabeth late Queen of England, to wit. in Mich. Term An Reg­ni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Towne of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far, Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Ʋin. in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detayning of that Debt whereof he is convicted as by the Record and proceedings therein in the same Court of the Lord the King here, to wit, at Westminster remayning manifestly appeareth, Execution notwithstanding of the judgment aforesaid yet re­mayneth undon, And aswell the said Earl as the said Ʋincent are dead As by the information of I. A. and Sarah his wife administratrix of the [...]ds and Chattells which were of the said Ʋincent by Joan Norrington [...]te Executrix of the Testament of the said Ʋincent not administred, the King understandeth, and because, &c. that by honest, &c. They should make knowne to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queene 35. which day the judgment aforesaid was given or at any time afterwards that they should be here at this day, to wit, tres Trin. to shew if any thing, &c. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendred to the same Iohn and Sarah ac­cording to the Form of the recovery aforesaid if, &c. And now here at this day came the same Iohn and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea a­foresaid, And they being solemnly called came not, and the sheriff, to wit, R, D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earle at the same time of the judgment aforesaid given,Testat. Sci: fac: or any time afterwards in their bayliwick to whom or to which they could make known, And here­upon it is testified in the same Court of the said lord the King here, [Page 147] that there are divers Tenants of lands and Tenements which were of the said Earle at the time of the judgment aforesaid given and afterwards in the County of North. to whom he may make knowne, Therefore it is commanded the sheriff of North. that by honest, &c. that hee make known to the Tenants of the lands and Tenements which were of the said Earle at the time of the judgment aforesaid given or at any time after­wards in his bayliwick that they be here in 8. S. Mich. to shew in Form aforesaid if, &c. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid, as Iohn Earle of Bridgwater and Francis his wife premonished &c. by William Cragg their attorney, and the sheriff of the said County of North. to wit, Lodowich Pemberton Knight now retorneth that he by vertue of the Writ aforesaid to him di­rected by William Smith and Thomas Allen honest, &c. made knowne to the said Iohn Earle of Bridgwater and Francis Tenants of 2. Messu. 1. Cottage 100. acres of land 20. acres of Meadow and 100. acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. Tertenants of divers lands returned. of the lands and Tenements which were of the said Fardinand Earle of Darb. of which the said Earle was seised in the Cr. Anim. An. 30, abovesaid of being here at the same Oct. S. Mich. to shew in Forme aforesaid, &c. And that there are no other or more Tenants of any lands or Tenements which were of the said Earle at the said Cr. Anim. or any time afterwards in his bayliwick to whom he can make knowne. And hereupon the same Iohn Awbery and Sarah say that the administration of all the goods and Chattels which were of the said Ʋincent at the time of his death by the same Joane Norrington not administred by George Arch-Bishop of Canterbury of all England Prima­te and Metropolitan the 12. day of November An Rs. nunc 12. at Lon­don in the parish of S. Mary Bow in the Ward of Cheap after the death of the same Joane to the said Sa. were committed, And they bring here in the Court lit. Administrator of the said Arch Bpp which the com­mission of the Administration aforesaid in Form aforesaid testifies, &c. & pray execution against the said Earle of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appur­tenances in Forme aforesaid to them to be adjudged, &c. And the Earle of Bridgwater and Francis pray licence therein to imparle here untill 8. S. Hill. And have it, &c. the same day is given to the same Iohn Aw­bery and Sarah here, &c, which imparlance is continued untill Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth, And the same Earle of Bridgwater and Francis say, that the same I. A. and Sarah ought not to have execution against them for the debt and Damages a­foresaid, because they say, that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earle and Francis, to wit, the first day of Iune An. Rs. &c, 19. one Christopher Earle Esquire was and yet is Tenant as of Fee, Tenant of the mannor of S. M. with the appur­tenances [Page 160] in S. M. in the county of Dor. and of 20. Messuages 20. Gar­dens 20.M. 11 Edw. 3. Fitz. brev: 266. such plea is adju [...]ged good. Orchards, &c. with the appurtenances in S. M. aforesaid where­of the same Fardinand late Earle of Darb. in the said morrow after all Soules An. 35. of the said late Queen abovesaid, which day the judgment aforesaid was given, was seised in his Demesne as of Fee, And that no writ of Scire facias issued out of the Court here directed to the sheriff of Dor. to premonish the same Tenant of the Mannor and Tenements a­foresaid of being here so that execution of the judgement aforesaid may be don upon him if it can, and this they are ready to verifie, whereupon they pray judgment and a Writ of Scire Fac. against the Tenant of the Mannor and the Tenements aforesaid in the same County of Do. at the prosecution of the said I. Awbery and Sarah to be directed to the same sheriff of Dor. to issue out of the court here to premonish the same Tenant of the mannor and Tenements aforesaid which were of the late Earle of Darb. of being here to answer of and upon the premisses, The same Earle of Bridgwater and Francis pray that a Writ of Scire Fac. may issue out of the Court here to premonish the same Tenant of the Man­nor and Tenemants aforesaid in the County of Do. being here, &c. To shew in Form aforesaid, &c.

ANd the same Iohn and Sarah that they by any thing before alleadg­ed from having their execution aforesaid against the said Earle of B. and F. for the Debt and Damages aforesaid of the Tenements a­foresaid with the appurtenances whereof the same Earle and Francis are above retorned Tenants,Replication and Travers, with­out that, that the Debtor was seised in fee of those lands at the time of the judgment. ought not to be hindred because they say that long before the judgment aforesaid given in Form as aforesaid the said Edward late Earle of Derb. was seised of the said mannor of Sturmister Marshalls and Tenements in Fee, and being so thereof seised, and after­wards and before the judgment aforesaid, to wit, 12. Aprill An. 3. and 4. Ph. and Mary of the same mannor and Tenements infeoffed W. M. and I. E in Fee, to the uses of H. S. Seignior Strange, and Marga­ret for their Lives, and the life of every of them, and after their deaths to the use of the heires of the said H. of the body of the said M. begot­ten or to be begotten, and for default of such heires males, to the use of Edward Earle of Derb. and the heires of his body lawfully begotten, and for default of such issue, to those of the right heires of the said Edward Earle of Derb. a tout jours and shew that the said Henry and Margaret had issue the aforesaid Fardinand Earle of Darbey and died seised &c. by which the said Fardinand entred and was seised in speciall Taile to wit &c. And being so thereof seised, the judgment aforesaid upon the said writ of Scire facias above specified was had against the same Fardinand then seised of the said Mannor and Tenements aforesaid with the appurtenances in his demesnes of Fee, to wit to him and his heires males of his body lawfully proceeding, And the same Fardinand being so thereof seised, the same Fardinand after the judgment aforesaid given [Page 161] at Brackly aforesaid died, of such his estate thereof seised without heire Male of his body lawfully proceeding, without this, that the said Fardinand late Earle of Derb. at the same Cr. Anim. An. 35. abovesaid was seised of the said Mannor of S. M. to the Tenements aforesaid with the appurtenances in S. M. in his demesnes of Fee as the same Earle of Bridgwater and Francis have before alleadged,Travers. and this they are ready to veryfie whereupon they pray judgment and their execution aforesaid against the same Earle of Bridgwater and Fr. of the Debt and Damages aforesaid of the tenements aforesaid with the appurtenances whereof the same Earle and Francis are above returned Tenants to them to be ad­judged, &c. issue upon the Travers,Issue upon the Travers. and a ven. fac. awarded to the she­riff of Do. of the neighbourhood of Sturnister Marshall, quaere if it ought not to have beene of the Mannor, &c.

P 20. J. Rot. 2075. Buk. ss. Whereas Samuel Cowper and Iohn Sanders executors of the Testament of Antony Cowper Gent,Entry of a Sci. Fac. against [...]e [...]t [...]enants of lands, &c. tempore judi­ciireddit. And divers tenants of divers lands a e retorned who came not and a writ of Elegit is a­warded of the moyety of the lands whereof they were re­torned tenants H: 39. Eliz. rot 2336. late­ly in the Court of the Lord the King now, to wit, in Trinity Term An. 19. before Henry Horbert Knight and Baronet and his associates then Justices of the said Lord the King of the common Bench here, to wit, at We. by the consideration of the same Court had recovered against Ric. Gosnold. late, &c. otherwise called R. G. of, &c aswell a certaine Debt of 40 l. as 60 l. which to the same S. and I. in the same Court of the King here were adjudged for their Damages which they had, &c. where­of he is convicted, As by the Record, &c Execution neverthelesse, &c. And the same Richard is dead as by the information of the said Samuel and Iohn the King understandeth and because, &c. that by honest, &c. he should make knowne to the Tenants of the lands and Tenements in your Bayliwick, whereof the same Richard was seised in his demesne as of Fee in Cr. S. Trin. last past, on which day judgment aforesaid was given or at any time afterwards, that they should be here at this day, to wit. Quinq Pas. to shew if any thing, &c. wherefore the same Samuel and Io. Execution against them for the Debt, and Damages, aforesaid, of the Lands and Tenements aforesaid ought not to have according to the Form of the recovery aforesaid if, &c. And now here at this day came the same S, and I. by Iohn Andrews their attorney and offered them­selves the fourth day against the Tenants of the Lands and Tenements which were of the said Richard at the time of the judgment aforesaid gi­ven or at any time afterwards in the same plea,Scire fac. to severall ter-te­nants of di­vers lands and tenements, 2. of whom make default. And they being solemnly called came not and the sheriff, to wit, Iohn Denham Knight now retor­neth that by G. B. and G. G. honest, &c. he make knowne to Eliz. G. widow Tenant of one capitall Messuage, &c. in Becconfeild afore­said, &c. and also to one R. G. Gent. an other Tenant of one capitall Messuage or Farm, &c. And to Susanu G. and T. G. Tenants of one Messuage, &c. and to Thomas G. Gent. Tenant of one Messuage [Page 162] or Inn, &c. And also to one Ia. Necton Esq. Tenant of one Messuage, &c. which were of the said Rich. Goswold in Fee-simple at the time of the judgment given, and afterwards, And hereupon the same Sam. and Io. pray execution against the said Ter-tenants of the Debt and Damages of the severall Lands and Tenements aforesaid with the appurtenances which were of the said Richard at the time of the judgment aforesaid gi­ven to be adjudged to them,Execution by default. &c. Therefore it is considered that the same Samuel and Iohn have Execution for the debt and Damages afore­said against the said severall Tenants of the said severall Lands and Te­nements with the appurtenances by default of the said severall tenants to be levyed, &c. And hereupon the same Sam. and Iohn have chosen to be delivered to them the moyety of the severall Lands and Tenements aforesaid with the appurtenances, to hold as their Free tenement to them and their assignes according to the forme of the statute therein made and provided untill the Debt and Damages aforesaid shall be there­of levied,Elegit awar­ded. and pray a Writ of the Lord the King to be directed to the she­riff of the county aforesaid and it is granted to them retornable here from the day of the holy Trinity in three weeks, &c.

P 39. Eliz. Rot, 1347. a Scire facias against. Ter-tenants 2. are re­torned, 1. makes default and the execution awarded against him of the Lands whereof he is Tenant, And the other Tenant pleads, &c.

H 7. Eliz. Rot. 1357. divers testats Scire fac. awarded into severall Counties at one time, against the Ter-tenants.

M 7. Jac Rot. 45. int. Plit. ter. Brownlow Nott. ss. It was com­manded the sheriff,Scire fac. brought by the heire and exec. of the deman­dant to have execution of a judgment in an Assize of nu­sance quod no­cumentum a­moveatur and for dama­ges after the re­cord of the a­ssize is certified unto the Bench 43. E. 3. 2. br. Execut. 3 z. accord, Assize of nusans brought in Confinio Com. P. 10. H. 4 Rot. 225. Scire fac. brought by the heire of the defendant upon the recovery in an assize to have execution upon the land, and the tenant pleads no tenure for want whereas latly, to wit, upon Monday the 21 day of September An, of the reigne of the Lord the King now 5. before T. G. Knight and Leonard B. Esq. and N. C. Esq. late Justices assigned to take the Assizes of the said Lord the King in the Countyes of No, & L. at D. P. in the same C. of. L. and at Ha. in the said C. of Nott, by the re­cognitors of the same Assize of Nusans it is found. that Tho. Conians Esq. unjustly without Judgment raysed a certaine banck in B. in the County of Nott. to the hurt of the Free Tenement of Tho. Taylor Esq. in D. a­foresaid within 30. yeares now last past, to wit, whereas the same T. T. was seised of and in one Close of pasture contayning by estimation 100. acres with the appurtenances called D. Carres in D. aforesaid in his de­mesne as of Fee, And whereas also the same T. T. is likewise and of a long time was seised, of and in one Close of pasture contayning by [Page 163] estimation 40.Plaint in an a­ssiz of nusans acres with the appurtenances called H. in B. aforesaid in his demesne as of Fee nere adjoyning to the same Close of pasture called D. C. And the same T. T. and all those whose estate the same T, T. then had in the same close of pasture of the same T. T. called D. C. from the time whereof the memory of man is not to the contrary,good presedent have had and were accustomed to have a certain gutter or Sewer leading of and from the same close called D. C. through the same close of the said T.T. called H. otherwise H. and from thence unto the common River called the Fosse in the county of Lincoln aforesaid, in which said Gutter the water running falling and flowing in and upon the same close of pasture of the same T. T. called D. C. from time to time and by the whole time abovesaid was continually accustomed and wont to run through the same close of the same T. C. called H. otherwise H. and from thence unto the said common river called the Fosse and the same T. T. being so sei­sed of the same close of pasture called D. C, and of the same Gutter in F. aforesaid and the same T. T. being likewise seised of the same close of pasture called H. otherwise H. in F. aforesaid the same T. C. before the purchasing of the originall writ of the assize aforesaid, to wit the 21. day of May An. Rs. nunc 5. a certaine banck in and upon the same gut­ter in the same close of the same T, T. being, unjustly and without judg­ment made erected and exalted, And the watercourse, into the gutter a­foresaid from the same close called D. C. falling and descending and be­ing wont to fall and descend into the gutter aforesaid by the exalting making and erecting of the banck aforesaid obstructed and stopped by reason whereof the water in and upon the same close of the said T. T. called D, C. from the time of the exalting making and erecting of the banck aforesaid, running falling and descending from the same close of the said T. T. by the ancient course through the said close of the said T. T. And from thence unto the said common river called the F. aforesaid as before it was wont & accustomed to run and to be convayed, is hin­dred where by the water by the gutter aforesaid out of and from the same close of the same T. T. by its ancient course descending and running un­till the banck aforesaid newly exalted, back againe in and upon the said close of the said T. T. doth reflow and over-flow the same Close, where­by that close by the overflowing aforesaid became Sterrill and unfertill And the same T. T. the Profit of his close by a long time, to wit, from the said 21. day of May untill the day of purchasing of the originall Writ of the assize aforesaid, to wit, the 22. day of June An. Rs. nunc 5. abovesaid lost to the nocument of the Free tenement of the same T. T whereupon before the same Justices it was considered that the hurt a­foresaid by the view of the Recognitors aforesaid should be removed and that the banck aforesaid should be cast downe,Iudgmenn in an assize of nu­sans so that the water a­foresaid by the gutter aforesaid through the same close of the same T. T. called H. otherwise H. and from thence unto the common River called [Page 164] the Fosse, in the same County of Lincolne, into its ancient course at the charge of the said T. it should be reduced, and that the said T. T. should recover against the same T.C. his damages to eight pounds by the Re­cognitors of the Assize aforesaid assessed, and also 8 l. and ten shil­lings to the same T.C. at his request, for his costs and charges at the dis­cretion of the Justices, here adjudged of encrease, which sayd Dama­ges in the whole do amount to sixteen pounds and ten shillings,The record of the Assize cer­tifi d into the Bench. and that the same T.C. should be thereof in mercy, as by the Record and proceedings therein the Justices of the said Lord the King here, to wit at Westminster, at the command of the Lord the King sent, and in the same Court here before them remaining manifestly appeareth, Execu­tion notwithstanding of the judgement aforesaid yet remaineth undone, and the same T.T. is dead as by the information of T. T. Esquire, son and heir of the said T.T. his Father, and Executor of the Testament of the said T.T. his Father, the King understandeth, and because, &c. that by honest, &c. he should make known to the same T.C. that hee should be here in 8. Sancti Michaelis, to shew if any thing, &c wherefore the same T. T. the son Execution upon the judgement aforesaid ought not to have if, &c. At which said 8. Sancti Michalis. Adjournment untill Mens. Michaelis.

ANd now here at this day came as well the same T.T. the Son, by E. S. his Attorney as the same T. C. premonished, &c. by I. A. his Attorney, and the sheriff now returneth that he had made known to the said T.C. of being here at this day, to shew in Forme aforesaid, &c. by M. H. and E. H. honest, &c. and hereupon the same T.T. son and heir, bringeth here into Court the Letters Testamentary of the said T.T. his Father, by which it appeareth to the Court here, the same T. T. the son to be Executor of the Testament aforesaid, and thereof to have the Ad­ministration, &c. And as Son and heir of the said T. T. his Father, pray­eth that the Nusance aforesaid by the view of the Recognitors aforesaid may be removed, and that the banck aforesaid may be cast down, &c. so that the water aforesaid by the gutter aforesaid through the same close of the same T.C. called H. and from thence unto the common River called Fosse in the said County of Lincoln, into its ancient course at the charges of the said T.C. may be reduced, and as Executor of the Testa­ment aforesaid, prayeth Execution for the Damages aforesaid to be ad­judged unto him, &c.

ANd the same T.C. nothing to hinder the Execution of the judge­ment aforesaid, sayth, whereby the same T. T. the son remaineth against the same T.C. therein without defence,N. l. dic. Therefore it is consi­dered that the said T.T. son and heir of T.T. his Father, and as Execu­tor of the Testament aforesaid, have Execution of the judgement afore­said against the same T.C. in forme aforesaid given, &c.

[Page 165]P 21. Iac. rot. 1816. Brownlow. Norff. ss. Entry of a Sci. fac for the Te­nant in a w [...]it of dower, to have execution of the lands, to the va [...]ue, &c. of the third part recovered in dower after seisin hod af the third pa [...]t de­manded for the demandant a­gainst the Te­nant. It was commanded the she­riff, whereas Ioane Morrell, widdow, who was the wife of John M. Gent. lately in the Court of the Lord the King now here, to wit, at Westminster, had demanded against Robert Long Gent the third part of one Messuage, &c. with the Appurtenances in H. as her Dower which hapned to her out of the free Tenement, which was of the said I her late husband, by writ of the Lord the King, Dedo te unde nichil habet. And the same Robert in the same Court of the Lord King here called Iohn N. Gent. summoned in the County aforesaid to warrant against her, which said Iohn M. summoned, afterwards in the Court of the Lord the King here made default, by which it was then considered in the same Court, of the King here, in the Terme of Saint Michael, Anno Regis nunc, 18. that the said Ioan should recover her seisin against the same Robert of the third part aforesaid with the appurtenances, and that the same Robert should have of the third part of the said I. N. to the value of the third part aforesaid with the Appurtenances, by default of the sayd I. N. and although the same Ioan hath obtained her seisin of the third part afore­said, with the appurtenances by vertue of the judgement aforesaid, ne­verthelesse the same Robert of the third part of the same I.N. to the va­lue of the third part aforesaid hath not attained, and because, &c. that by honest, &c. he should make known to the said I.N, that hee should be here at this day, to wit, A Die Pas. in [...]unam mensem, to shew if any thing, &c. wherefore the same Robert of the third part of the same I N. to the value of the third part aforesaid with the Appurtenances ac­cording to the Forme of the Recovery aforesaid, ought not to have, &c. And now here at this day came the same Robert by Luke Constable his Attorney, and offered himselfe the fourth day against the said I. N. in the same plea, and he being solemnly called came not, and the sheriff now returneth, that he by vertue of the Writ aforesaid to him directed, made known to the same I.N. of being here at this day, to shew in form aforesaid, by Iohn Doo and R. R. &c. Therefore it is considered, that the same Robert have Execution and seisin against the said I.N. of the lands of the said I. N. to the value of the third part aforesaid with the appur­tenances by default, &c. and hereupon the same Robert prayeth a Writ of the Lord the King to be directed to the sheriff of the County aforesaid to cause to be made to him full seisin of the Lands of the said Iohn N. to the value of the third part aforesaid with the appurtenances to hold to him in severalty by metes and bounds, and it is granted to him returna­ble here in Crastino sancti Trinitatis, &c.

T 21. Iac. rot 3360. Brownlow Dorset ss. Sci. fac. sued by the admini­strators to have Execution upon a judgement had by them as administrators. Hurding and Martin Admi­strators of Martin, sue out a Scire facias upon a judgement had [Page 166] by them as Administrators M. 18. Iac. against Starr for fourteen pounds as for six pounds and have Execution by default, without shewing the Letters of Administration, Quaere for they brought them into Court up­on the first declaration.

H 21. 21. Iac. rot. 3150. Gulston, Otherwise as it appeareth in Mich. Terme Anno 21.Entry of a Sci. fac. against the sheriff to render to the plaintiff so ma [...] catrell as were reple­vied by him by pledges for that the pledges are insufficient. Quaere, whe­ther such writ ought to be brought in Middlesex, where the re­cord of the re­covery remain­eth, or where the Testat. Sci. fac. is, to wit in the county of Surrey, 18 E. 4. 18. and 22. 9 H. 6. fol. 42. 15 24. 19 2 H. 6. 15. 21 H. 6. 40. 4 H. 7. 67. 10 H 7. 11. 3 Henr 6. Fitzh. processe 72. The great question was whether the plaintiff should have such a Scire facias against the she­riff or a writ of Detinue, but it was not adjudged, but by the consent of the parties, the dem [...]urrer was waived, and issue taken. Note, that in the very case there was a non suit at Surrey Assizes, upon issue taken upon the avowry for damage feasant, and such issue is not expressed in the writ, for which the writ is not good, Quaere tamen. Note, where the pledges were sufficient at the time of the taking, &c. and afterwards in the Terme it was tried at the bar, and found for the Defendant, notwithstanding that the plaintiff gave in evidence, that one of the pledges was insufficient, because he should have replyed, that I.S. one of the pledges was not sufficient at the time of the taking, &c. Iac. rot. 2752. It is thus contained, Surr. ss It was commanded the Sheriff, whereas Edmund Travers was summoned to be in the Court of the Lord the King now before his Iustices here, to wit, at Westminster to answer Rich. Ray of a plea, wherefore he the thirtieth day of August Anno of the Lord the King now of England, the nine­teenth, at Deptford in a certain place there called H. took the cattell, to wit three Geldings, four Oxen, five Cowes, seventy sheepe, and one Calfe of the same R. and them unjustly detained against sureties and pledges, &c. of which said taking and unjust detaining of the cattel a­foresaid, the same Richard Raye another time, to wit, the one and thir­tieth day of August Anno 19. abovesaid without our writ, levied a cer­tain plaint against the same Edmond Travers before R. M. Knight, late Sheriff of the county of Surrey, in his County Court then held at Guild­ford, in the same County of Surrey, and then and there in the same County Court aforesaid, found to the then sheriff of the sayd County of Surrey, Pledges as well to prosecute his plaint. as for the Return of the cattell aforesaid to the same Edmund or the price of them, if returne of them should be adjudged to the said Edmund, to wit certain R.R. and R.K. upon which said pledges the same then sheriff of Surry afterwards to wit, then at the petition of the said R.R. the cattell aforesaid accor­ding to the Law and Custome of the Realm of the Lord the King of Eng­land, to the same Richard Raye caused to be replevied, the Record of which said plaint afterwards by Writ of the said Lord the King to the sheriff of the sayd County of Surrey, in due manner sent here, to wit, at Westminster aforesaid was had, and the same R. Ray afterwards in the same Court of the Lord the King here, being solemnly called came not, but made Default, by which afterwards, to wit, in Michaelmas Terme Anno 19. abovesaid in the same Court of the Lord the King here, it was considered that the same Richard Ray and his pledges to prosecute should be thereof in mercy, let the names of the pledges be enquired of, [Page 167] and that the same Ed. Travers should go thereof without day, &c. And that he should have Return of the Cattell aforesaid, whereupon by writ of the said Lord the King it was commanded to the late sheriff of Surrey that he should without delay make returne of the cattell aforesaid to the said Edmond Travers, and should not deliver them at the complaint of the sayd Richard Ray, without the writ of the said Lord the King which should make expresse mention of the said judgment, and in as much as that precept of the Lord the King should be executed, he should make to appear to the Justices of the Lord the King here, to wit, at Westmin­ster in Cro. sancti Trinitatis Anno Regis nunc 20 And the same late she­riff of Surrey to the Justices of the said Lord the King here, to wit, at Westminster aforesaid at that day returned, that before the coming of the said writ to him therein directed, the cattell aforesaid were eloyned by the same R. Raye to places to him unknown, so that hee could not make returne of the cattell aforesaid, to the said Edmund Travers, as by the said writ to him it was commanded, &c. whereupon it was com­manded to the same Sheriff of Surrey, that of other cattell of the said R. Ray, to the value of the cattell aforesaid first taken, hee should take in Withernam, and should deliver them to the said Edmund Travers to keep to him, untill he could cause to be returned to the said Edmund Tra­vers the cattell before taken, and that he should put by sureties and safe pledges the same R. Ray, that he should be before the Iustices of the said Lord the King here, to wit, at Westminster, Tres Trin. then next following to answer as well the said Lord the King for the contempt, as to the said Edmund Travers for the damages and injuries to him in this behalfe done, and the said sheriff of Surrey to the same Iustices of the Lord the King at Westminster at that day returned, that the same R. Ray had no goods nor chattells in his Bayliwick which he could take in Withernam nor had any thing in his bayliwick by which he m ght be attached according to the Exigency of that writ, as by the Record and proceedings therein in the same Court of the Lord the King here remain­ing manifestly appeareth, whereupon the sayd Lord the King to the same then sheriff by another writ of his had commanded, that by honest &c. he should make known to the same R. R. and R. K. his pledges that they should be here at this day, to wit, in Cro. Animarum then next following, to shew if any thing, &c. wherefore the cattell aforesaid ought not to be delivered to the same Edmund Travers, for the same cattell of the same Richard Raye by the same Edmund Travers so be­fore taken, and now by him eloyned, as they, as aforesaid, became pled­ges. And now here at this day came the said Edmund Travers by Henry Millet his Attorney, and offered himselfe the fourth day against the same R.R. and R. K. pledges in the plea aforesaid, and they being so­lemnly called came not, and the sheriff now returneth that they have nothing, &c. nor are found, &c. And whereupon the same Edmund Tra­vers [Page 168] of having the Return of the cattell aforesaid, hath been a long time delayed, wherefore he supplicateth to the said Lord the King to exhibit Iustice to him, and that the statutes of the Lord the King of his Kingdom made for the bettering of the same, may remain stable, the K [...]ng will, for the benefit of his Leige people, by speediest remedies consonant to the same Statutes, be assistant, The sheriff is commanded that by honest &c. he make known to the said R. M. late sheriff of the same County of Sur­rey, who took the pledges aforesaid in form aforesaid, that he should be here at this day. A die in sancti Martini in 15 dies to shew if any thing, &c. wherefore he so many cattell, to wit, three Geldings, four Oxen, five Cowes, seventy sheep, and one Calfe, or the price of them for the insufficiency of the pledges aforesaid, and against the Forme of the sta­tute in this case provided taken, to the same Edmund Travers, in the name of the return of the cattell aforesaid by him first taken, and by the same R. Raye eloyned, ought not to be rendred according to the Form of the statute aforesaid if, &c. At which day here came as well the said Edmund Travers by his Attorney aforesaid as the same R. M. pre­monished, &c. by George Bretton his Attorney, and hereupon the same Edmund Travers prayeth that the same R. M. the cattell aforesaid, to wit, as above, and the same M. by Henden serjeant in Law demurreth, And for cause sheweth that it appeareth not for the said writ of scire fa­cias, whether the pledges aforesaid were taken by the same R. M. then sheriff of the said county of Surrey being, upon any plaint before the same Sheriff in the County Court of the said County of Surrey, by the same R. Ray against the said Edmond Travers, before then levied, or upon any writ of the said Lord the King, De averiis Replegiand. issuing out of the Court of Chancery of the said Lord the King, as by the sta­tute therein made is provided, and also that the plea aforesaid, and the proceedings in the same plaint, whereupon the pledges aforesaid are supposed to be found, do not appear in the same writ of Scire facias, as they ought to appear, and this he is ready to verifie, whereupon for Defect of sufficient writ of Scire facias in this behalfe, the same R. M. prayeth judgement, and that the said Edmund from having returne of the cattell aforesaid against the said R. M. may be barred. &c. Harris Serjeant joines in demurrer. Note Reader, That the Owner of the Ori­ginall copy converted this writ in the beginning thereof, to wit, from (of which said taking, &c.) untill (at Westminster aforesaid had) for defect of which matter the Defendants councill demurred in Law, and shewed the causes, but the Record is as the originall Scire facias is, As also for his own learning, and because of the president, 21 Ed. 4. fol. 30. Fitzh. sci fac. 113. 27 H. 6. fol. 7. Ibidem pl. 34. 9 E. 4. fol. 50. were vouch­ed to maintain this Scire facias, because it is [...] of the said Lord the King, Fest. remed. and the plaintiff therein shall recover no damages, which is for the benefit of the Defendant.

[Page 169]H 22. Iac. rot. 2426.Etntry of a writ of Scire fac. in debt for the demandant against a st anger wherby he afer a recovery had a­gainst the te­nant, and be­fore execution sued, enters in­to the third part recovered by writ of dow­er unde riens avorit. The tenant di­eth. Brownlow Essex. ss. In was commanded the sheriff whereas Iohn Frith and Agnes his wife lately in the Court of the Lord the King now, to wit, in Easter Terme An. Regni, &c. 22. before Henry Hobert Knight and Baronet and his associates then Iustices of the said Lord the King of the Common bench here, to wit, at Westminster by the consideration of the same Court had recovered their seisin against Samuel Ram of the third part of Tenn acres of wood with the appurtenances in Dagenham as the dower of the said Agnes of the indowment of William Humphery her late husband by our Writ of Dower unde ni chil. hat. &c. As by the record and procee­dings therin in the same Court of the King here remayning it manifestly appeareth, And the same Samuel is dead, and one Mary Ram widow is entred into the third part aforsaid with the appurtenances, and holdeth the same against the Form of the recovery aforesaid as by the informati­on of the same Iohn and Agnes, the King understandeth and because, &c. that by honest, &c. he should make knowne to the said Mary that she should be here at this day, to wit, in 8. Pur. beatae Mariae to shew if any thing, &c. wherefore the same Iohn and Agnes, An estranger enters into the lands recove­red and holds them against the recovers. seisin & execution of the third part aforesaid with the appurtenances against her ought not to have, according to the Forme of the recovery aforesaid if, &c. And now here at this day came the same Iohn and Agnes by G. P. their attorney and offered themselves the 4. day against the same Mary in the plea a­foresaid, and she being solemnly called came not, and the sheriff, to wit,Scire fac. returned. Iudgment that the demandant have execution of the third part by default &c. Edward Botler Knight now retorneth that he by vertue of the Writ a­foresaid to him directed to Iohn Humfery and Humphery Clark honest, &c. hath made knowne to the same Mary Ram widow that she should be here at this day to shew in Forme aforesaid, &c. therefore it is consi­dered that the same I. and A. have seisin and execution against the same Mary of the said third part aforesaid with the appurtenances by default, &c.

H 22. Jac. Rot. 1688. Brownlow Midd. ss. The sheriff was com­manded whereas Thomas Holt lately in the Court of the Lady Eliz. late Queen of England, to wit,Entry of a writ of Scire fac. upon a judg­ment in a writ de annuo red­ditu, to have execution de arreragiis in­cu [...]sis after judgment. P: 10: H: 4: rot. 123: rot: 224: 127: tiel: 12: H: 7: 8: 40: E: 3: 4: 11: H: 4: 34: 6, E 6, 134, 13 2, H, 6, 9 Pl. 6, 23 H, 8, fo, 5, Br. No, cases 28, accord with this Scire fac, execution 119. Scire fac. 203. in the terme of the holy Trinity in the yeare of the Reigne of the said late Queen 32. before James Dyer Knight and his associats then Justices of the said late Queen of the com­mon Bench at Westminster by the course of the same Court, had recovered against Iohn Bradshaw late of Bradshaw in the County of Lanc. Esq., o­therwise called, &c. a certaine annuall Rent of 80 s. to the same Tho. and his associets for term of life of the said T. at the severall Feasts of the Na­tivity [Page 170] of St. Iohn the Baptist and the birth of our Lord by equall por­tions to be paid yearly as by the Record and proceedings therein in the same Court of the Lord the King now here remayning it manifestly ap­peareth. And 20 l. in arrearages of the yearly rent aforesaid after the judgment aforesaid given, for five whole yeares ended at the Feast of S. Iohn the Baptist An. Regni, &c. 22. to the same Thomas are in arreare and not paid as by the information of the said Thomas the King under­standeth. And because, &c. that by honest, &c. he should make knowne to the same Iohn that he should be here at this day, to wit, 8. Hill. to shew if any thing, &c. wherefore the same Thomas execution against him for the said 20 l. the arreareges of the yearly rent aforesaid after the judgment aforesaid given as aforesaid being in arreare ought not to have according to the Form of the recovery if,Judgment, No­ta bene, P. 26. and 27. H. 8. rot. 359. M. 29. and 30. E. rot. 1024. hil. 7 H. 8. rot. 526. tiel. judgment that Pl. have exe­cution de arre­ragis tam tan­te diem impe­tr. brev, de Sci. fac. qu. post. in­cursis. &c. And here now at this day came the same Thomas by George N. his attorney and offered himselfe the fourth day against the said Io. in the plea aforesaid, And he being solemnly called came not and the sheriff now retorneth that he hath no­thing, &c, nor is found, &c, Therefore it is considered that the said Tho. have execution against the said Iohn aswell of the said 20 l of arrearages of the yearly rent aforesaid after the judgment aforesaid given, and be­fore the day of the purchasing of the same writ of Scire fac. as of 40 s. of arrearage; of said yearely Rent, after the day of purchasing of the same writ of Scire fac. incurred, which said arreages in the whole doe Amount unto twenty two pounds by default, &c. T. 22. Eliz. Dyer fo. 377. Pl. 28. record.

T 24. Eliz. Rot. 1856. Forde London ss. It was commanded the sheriffs that they should not omit for any their liberties but that they should take Iohn Davis late of,Scire fac to take baile where one comes to the bar and pleads matter in dis­charge of an utlawry &c. utlawed in London ter. die, &c. at the suite of Thomas Jurdaine in a plea of debt, &c. and safely, &c. so that they should have his body here at this day, to wit, in Cr. S. Tri. to do and receive what the Court of the Lady the Queen here shall con­sider of him in this behalfe, &c. And now here at this day came the same Iohn in his proper person, and the sheriffs now retorne that they tooke the body of the same Iohn and the same have now ready, hereupon the same I. so taken and brought to the Bar saith that he ought not to be injured in this behalf, and that he by the Law of the land ought not to be charged with the said utlawry, because he saith that he at the day of the originall writ of the said Thomas and the day of publishing of the utlawry was conversant and commorant in the parts beyond the Seas,Allegation that he lived be­yond Sea the day of publish­ing of the ut­lawry. to wit, at the City of Ʋalencia in the parts of Spain, without this that the same daies or any of them was commorant or conversant at L. Reg. afore­said in the same County of Dor. as by the writ aforesaid is supposed, For which the utlawry aforesaid against the same John in form aforesaid published and had is altogether void and of no force nor effect in Law, [Page 171] And this he is ready to veryfie, whereupon he prayeth judgment, and that he from the utlawry aforesaid quiet and discharged may be dismissed from the Bar here, &c. And because it is expedient and needfull that the said T. for his interest in this behalf be premonished, before it be further proceeded in to discarge the same Io. from the utlawry aforesaid. The sheriffs are commanded that by honest,A Scire fac to premonish the party for his Interest; &c. &c. they should make knowne to the said Thomas that he be here, tres. Tri. to shew if any thing, &c. wherefore the same I ought not to be discharged from the utlawry afore­said, and hereupon W.W. of, &c. Merchant and I.B. of L. &c. undertook to have the body of the same I here at the same Term & so from day to day and at every day of the plea until the plea aforesaid should be ended and judgment therein should be given, to wit, each of them body for body,Bayle body for body. &c. and the same Iohn Davis assumed for himself to be then here and at every day of the plea under the penalty of 10 l. which said 10 l. the same I. D. acknowledgeth to be made and levied of his Lands and Chattells to the use of the Lady the Queen to whose hands soever, &c. it shall happen the said Iohn Davis at the same Term, or at any other day to him by the Court here in the premisses to be prefixed, to make default, or not to prosecute his Suit in this behalfe with effect, At which day here came the said Iohn in his proper person, And the sheriffs now retorne that the said Thomas Jurdaine hath nothing, &c. nor is found, &c. there­fore as before the sheriffs are commanded that by honest, &c. they should make knowne to the said Thomas that he be here Men. Mich. to shew in Forme aforesaid,Alias Scire fac awarded. &c. and in the interim the same Iohn Davis is dismissed by the bayle aforesaid, &c.

P 12. Iac. Rot. 448. Walter Tarne of New Castell upon Tyne ss.Entry of a Scire fac. awarded and returned, after a Capias upon statute merchamt into the Bench, for the administra­tion of the Co­nusce of the sta­tute where the Conusee dyed after the capi­as returned, S [...]e M. 19. Iac. rot. 726. P. 2. El. Dy fo. 150 Pl. 49. 2. R. 3 fo. 8. Pl. 16. that such a Sci [...]e fac. lyeth not in this case F. N. B. fol. 13 Register of writs fo, 1486 It was commanded the sheriff whereas it was latly commanded by Writ of the said Lord the King to the same sheriff, that the body of I. H. late of H. in the County of Durham Knight if he were a Lay man and found in his bayliwick, he should take, and in prison of the Lord the King should safely keep untill he had fully satisfied to I. H. &c. Gent. of 1600 l. which the same I. H. Knight, the 10. day of August An. &c. 8. before T. L. then Mayor of the towne of New-Castell upon Tyne and W. I. then Clerk deputed to take Recognizances of deb: according to the Form of the statute merchant within the same Towne acknow­ledged himself to owe to the same I.H. Gent. which to him he ought to have paid at the Feast of the birth of our Lords then next to come, & the same to him hath not paid, &c. and in asmuch, &c. he should make ap­peare to the Justices of the Lord the King here, to wit, at Westminster, aforesaid Men. Pas. last past and the same sheriff to the Justices of the said Lord the King, to wit, at Westminster aforesaid at that day retor­ned [Page 172] that the same I. H. Knight is a lay man, and not found in his bayli­wick as by the record and proceedings therein in the same court of the Lord the King before the Justices of the same Lord the King, here to wit, at Westminster aforesaid remayning manifestly appeareth, Execution not­withstanding of the judgment aforesaid yet remayneth undon, and the same I. H, Gent. is dead, as by the information of Robert Broundling Esq. Administrator of the goods and Chattles which were of the same I, H. at the time of his death during the minority of W. H. and R, H. Executors of the Testament of the said I. H. Gent. the King understan­deth, and because, &c. that by honest, &c. be should make knowne to the said I. H. Knight that he should be here at this day, to wit, 15. Pas. to shew if any thing, &c. wherefore the same Robert ought not to have Execution against him of the debt aforesaid ought not to have, &c. ac­cording to the form of the acknowledgement aforesaid, &c. & now here at this day came the same Rob. by I. Gill his attorney, and offered himself the fourth day against I. H Knight in the plea aforesaid and he being so­lemnly called came not and the sheriff, to wit, Henry Chapman now re­torneth that the said I. H. Knight hath nothing, &c. nor is found, &c. And hereupon the same R. saith that after the said 15. Pas. last past the same I. H. Gent. at the Towne of New-Castell upon Tyne made his last will and Testament, the same William H. and Ralph his Sons being then within the age of 17. yeares Executors of the same Testament made and ordayned, And that the Administrators of all the goods and Chattles which were of the said I H. Gent. at the time of his death during the minority of the same William and Ralph by Clement Colmor, &c. The 19. day of November in the yeare of our Lord 1613. at the Towne of New Castell upon Tyne after the death of the said I. H. Gent, to the same Robert was committed, And he bringeth here into Court aswell the letters Testamentary of the same I. H. Gent. by which it sufficiently appeareth to the Court here the same William and Ralph to be Execu­tors of the Testament aforesaid, And thereof to have the administration, As the letters administratory of the said officiall which the Commission of the administration aforesaid in Form aforesaid do testifie, whose date are the same 19 day of November An. Do. 1613. abovesaid with this that the said Robert will verifie that the same William and Ralph are yet living, to wit, at the Towne of New-Castell upon Tyne, and are within the age of 17. yeares, and hereupon the same Robert payeth execution against the same I. H. Knight of the Debt aforesaid by default, &c. and hereupon the same Robert prayeth a writ of the Lord the King by the statute, &c. to the Reverend Father in Christ William Bishop of Dur­ham or keeper of his place there to be directed, And it is granted him re­tornable here in Cr. S. Trin, &c.

[Page 173]ss. BRownlow ss. Whereas A. M, Gent. and W. H. late of,Entry of a Sci fac: against ma­nucaptors. &c. Gent. at an other time, to wit, 29 day of June An. 21. before Henry Ho­bart Knight and Baronet our Cheife Justices of the common bench at his Chamber in Serjeants Inne Fleetstreet London, undertook and each of them did undertake, to wit, the same A. in the summe of 160 l. And the same W. in the summe of 80 l. that he the same A. should appeare in our Court before our Justices at Westminster in his proper person or by his sufficient attorney in Law to an action or writ of one R. S. against the same Arthur of and upon an action of debt upon demand of 80 l. before 8. Mich. then next to come to be commenced and in our said Court before our Justices at Westminster to be prosecuted, and to an­swer to the same Richard in the plea aforesaid, And also it should happen judgment after the appearance of the said A. in the Cour here made, in in the same plea, for the said Richard against the same A. to be given, to satisfie to the said Richard of the debt and damages for the same Richard against the same A, in the same Court in the plea aforesaid to be recove­red or adjudged, or that he the same A, upon that occasion should ren­der himselfe to the prison of the Fleet, Which said summe of 160 l. the same A acknowledgeth to be made of their lands and chattles & which said 80 l. the same W. acknowledgeth to be made of his lands, and Chat­tles to be levied to the use and behoof of the said Richard if it should happen the said A. to make default in any of the premisses and thereof lawfully to be convicted, which said Recognizance in Form aforesaid ta­ken, The said Cheife Justice afterwards, to wit, the 30 day of June then next following in our said Court with his owne hands and delivered to be inroled upon Record, and now there before our Justices of the com­mon Bench aforesaid at Westminster aforesaid in the Terme of the holy Trinity An. 21. abovesaid is inroled, of which said plea of Debt, a certain plaint before them was levied in our Court before Iohn Hodges Esq. then being one of the sheriffs of London and the same plaint by our Writ upon our Command, before our Chief Justice at his Chamber aforesaid was sent and had, As by the record and proceedings therein in our said Court before our said Justices at Westminster remayning manifestly ap­peareth, And although the same Richard before the said Oct. S. Mich. to wit, the 17. day of September An. &c. 21. abovesaid our certaine originall Writ in a plea of debt of 80 l. against the same A. out of our Chancery at Westminster aforesaid then being, before our Justices of the Common Bench at Westminster aforesaid Oct. S. Mich. then next fol­lowing retornable, Commenced and the same A. at the said 8. S. Mich. by I. R. then his Attorney to the said Writ in Debt aforesaid as by the same Richard against the same A. in Forme aforesaid commenced accor­ding to the Forme of the Recognizance aforesaid appeared, And af­terwards, to wit, in 8. S. Hill. then next following the same A. aswell [Page 174] of the said Debt of 80 l. aforesaid as in 7 l. which to the same Richard in our said Court were adjudged for his Damages which he had by the oc­casion of the detayning of that Debt whereof he was convicted, and judgment there against the same A. for the same Richard in the same plea in our Court aforesaid was given, as by the Record and proceedings therein in the same Court before our Justices at Westminster remayning manifestly appeareth, Neverthelesse the same A. hath not rendred his body in execution of the Judgment aforesaid, in our said Court at the said Oct. S. Hill nor satisfied the said Richard for the said Debt and da­mages aforesaid, and because we will that those things which before our Chiefe Justice were rightly acted and known to be duely executed we command you that by honest, &c you should make knowne to the said A. and W, that they be before our justices at Westminster quinq. Pas. to shew if any thing, &c. to wit the same A. wherefore the same 160 l. by the same A. in Forme aforesaid acknowledged to be made of his Lands and Chattles, and the same W. wherefore the said 80 l. by him in Form aforesaid acknowledged to be made of his lands and Chattles and to the same Richard ought not to be rendred according to the Form of the Re­cognizance aforesaid if, &c. And have you there the names, &c. And this writ, &c. Test. 14. Aprillis An. &c. 22.

Entry of a Scire fac. in an au­dita q [...]erela.M 21. Jac. rot. Brownlow ss. Whereas wee were [...]nformed by the great complaint of S. A. Clerk that whereas one R. B. late­ly in the Court, to wit, in Hillary Terme An. &c. 19. before our Justi­ces at Westminster had recovered against the same S. aswell a certaine debt of 12 l. as 40 s. which, &c. whereof he is convicted, And although the same S. in execution of the Debt and Damages aforesaid by vertue of a certain Writ of ours of Capias ad satisfaciendum thereof to our she­riff of Lincolne directed by Edward Hussey Knight and Baronet late she­riff of the same County at the suit of the same Richard was taken and im­prisoned, and by the same sheriff out of the same prison was permitted to goe at larg whither he would, and from the execution aforesaid was delivered, As by the same S. by waies and meanes convenient is ready to informe, Neverthelesse the same Richard for the debt, and Damages a­foresaid against the same S. upon the recovery aforesaid hath againe now prosecuted, and unjustly hath procured the same S. for that occasion againe to be taken, and hitherto to be detayned in our Prison, unto the immoderate Damage and grievance of the said S, whereupon he hath be sought us to adhibit to him a fit remedy, And because we will not that the same S. be injured in this behalfe, And being willing to doe what is just we commanded our Justices that hearing the complaint of the same S. in this behalfe, and calling before them the parties aforesaid and hearing their reasons therein, they cause to be done to the same S. full and speedy justice as of right and according to the Law and custom of our Realm of England ought to be done, we command you that by [Page 175] honest, &c you make knowne to the said Richard that he be here, &c. retornable Oct. Hill. Test. 30. Oct. An. 21. &c. Scot. 47.

H 20. Jac. in Mr. Brownlowes remembrance litera B. ss.Entry of a Sci fac. after a Sci. fac. against Ter-Tenants. - Whereas wee have lately by our writ, we have commanded the sheriffs of London that by honest, and Lawfull men of their Bayliwick they should make knowne to the Tenants of the lands and Tenements which were of F. C. late of W. &c. otherwise called, &c. in Fee-simple from the day of S. Martin. &c. An. 42. Eliz. Regin. which day E. G. in the Court of the said late Lady the Queen of the Common Bench at West­minster before E. A. &c. by the consideration of the same court had re­covered against the said F aswell a certaine debt of 24 l. as 6 l. which to the same Edmond in the same Court were adjudged, &c. whereof he is convicted, or at any time afterwards in their bayliwick that they should be before our Justices at Westminster in Oct. Pur. S. Mariae last past to shew if they had or knew any thing for themselves to say wherefore the Debt and Damages aforesaid, of the lands and tenements which were of the said F at the time of the judgment aforesaid given or at any time afterwards in the seisin of the same Tenants in your Bayliwick ought not to be made and rendred to the said Edmond according to the Forme of the recovery aforesaid if it shall seeme expedient to them, and our sheriffs of London to our said Justices at Westminster at that day re­torned that there were not any Tenants of any of the lands or Tene­ments which were of the said Francis at the time of the judgment afore­said given or at any time afterwards who had any thing where or by which they could make knowne to them whereupon it was testified in our said Court on the behalfe of the said Edmond that there are divers Tenants of divers lands and Tenements which were of the said F▪ at the time of the judgment aforesaid given in the County of Suff. to whom the same sheriff may make knowne.Good president. Therefore it was commanded to the same sheriff of Suff. that by honest and lawfull men of his bayliwick he should make knowne to the Tenants of the Lands and Tenements which were of the said F. R. in Fee-simple at the said 15. S. Martin. An. 42. abovesaid that they should be before our Justices at Westminster 15. Pas. last past to shew if they had or knew any thing for themselves to say wherefore the debt and Damages aforesaid ought not to be made of the Lands and Tenements and rendred to the same E. in Form aforesaid, And our said sheriff of Suff. to wit, W. H. Esq. to our said Justices at Westminster, at that day renorned that he by P. K. and L. S. honest and lawfull men of his bayliwick made knowne to certaine F. B. Esq. Tenant of the mannor of P. with the appurtenances in W. in the same County of Suff. And to R. L. Gent. Tenant of the rectory of the Church of L. in the County of S. which were of the said F. B. Esq. at the time of the judgment aforesaid given of being before our said Justices at Westm. [Page 176] at that day to answer in Form aforesaid, &c. and that there are no other Tenants of the lands and Tenements which were of the said F. B. in his Bayliwick to whom he could make knowne, and the same F. B. and R. at the same 15. Pas. in our said Court appearing said that the same E. Execution against the said F. B. of the Mannor aforesaid with the appur­tenances and against the same Richard of the Rectory aforesaid with the appurtenances ought not to have, because they say that before the writ of Scire sac. to the sheriff of Suff. directed, to wit, such a day and yeare one Thomas B Gent. was Tenant as of his Free Tenement of the mannor of E otherwise E. Court with the appurtenances in the County aforesaid of which said mannor with the appurtenances the same Francis Burnall at the same 15. Martin An. 42. abovesaid, which day the judgment afore­said was given was seised in his demesnes of Fee which said mannor of E. otherwise E. Court with the appurt. is chargeable with the execution of the judgment aforesaid, together with the mannor and Rectory aforesaid and this they were ready to verifie whereupon for that aswell the said Mannor of E. otherwise E. Court as the said Mannor of P. with the ap­purtenances whereof the same Francis Bruster was returmed Tenant and the Rectory aforesaid with the appurtenances whereof the said R L. was retorned Tenant are chargeable with the payment of the debt & Damages aforesaid the same Francis Brewster and Rob. London pray judgment and that they may not further answer to the said Writ of Si. facias against them in Forme aforesaid brought before the said Tho. Br. by our proces of Scire Facias be premonished to shew wherfore execu­tion upon that Mannor together with the mannor and Rectory afore­said ought not to be don, And therefore we command you that by ho­nest and lawfull men of your Bayliwick you make knowne to the said Thomas Bunell Tenant of the said Mannor of E. alias. E. Court and to all Tenants of the lands and Tenements which were of the said Francis B. in Fee simple in your county of the same 15. S. Martin An. 42. above­said that they be before our Justices at Westminster 8. S. Hill. to shew if any thing, &c. Wherefore the Debt and Damages aforesaid of the same Mannor of E. al, E. Court or of any lands and Tenements which were of the same Francis at the time of the Judgment aforesaid given or at any time afterwards, together with the same mannor of P. and the Rec­tory aforesaid ought not to be made according to the Form of the reco­very aforesaid if to them it would seeme expedient and have you here the names of them by whome you shall make it knowne to them, and this Writ Teste H, Hobert at Westminster the 6. day of November An. 20. et Sco. 46.

Retorn.BY vertue of that Writ to me directed by I. W. and E. W honest and lawfull men of my bayliwick, I have made knowne to the within named Thomas Burnall Tenant of the Mannor of E alias. E. court [Page 177] with the appurtenances and that there are no other Tenants of other lands or Tenements in my County to whom I can make knowne, A. B. Sheriff.

T 21. Ja. Hitcham the Kings Serjeant brought a certificat out of the Kings Bench into the Common Bench that if the defendant in a­ny Action wherein Bayle is given die before a non invent. be retorned against the Defendant upon a Scire fac. the bayle is discharged, and this was shewed in the case of Sparrow of Lowgate which is entred P. 19. Jac. Rot. 973. this is the true number Role. in Banco Regis,

P 12. Jac. Co. Banco. S. against S. Debt against the baile upon a Rerog. in the Kings Bench the Defendants plead that the Pl. died before any Cap. was awarded against them, a generall demurrer, and judgment with the defendants after much debate H. 4. Jac. Rot. 975. in the Kings Bench D. against C. and W. against L.

Seisin.

H 21. I. rot. 2988. Brownlow Oxon ss. Entry e fa writ of Habere. faci­as sesinam in dower and the retorne thereof P, 3: 6: Eliz: rot. 1559. the like form of en­try in dower. It was commanded the she­riff whereas Briget Countis of Barkes widow who was the wife of Francis late Earle of Barkes lately in the court of the Lord the King now here, to wit, at Westminster by the consideration of the same court and recovered her seisin against Fr. R. otherwise N. of the third part of the hundred of Do. with the appur. & of the M. of D & W. upon the greene with the appurtenances and of 200. Messuages, 2. Mils, 3. Dovehouses, &c. with the appurtenances in D, and W. and also the third part of the Rectory of Weston upon the green and the Advowson of the Vicaridg of VVeston upon the green with the appurtenances as her Dower of the in­dowment of the said late Earle her late husbend by writ of the said Lord the King de dote unde nichil habet. for default of the same Francis R. o­therwise N. that to the same Countesse full seisin of the third part afore­said with the appurtenances to hold to her in severalty by meets and bounds without delay he should cause [...] to be had, and asmuch,Tert. pars hun­dri. mannors te­nements Recto­ry and Advow­son. &c. the sheriff should make to appreare here at this day, to wit, in Cr. Pur. beat. Mariae, &c. and now here at this day came the same Countesse by Rob. Tomblinson her attorney, and the sheriff, to wit, William C. Knight now doth return that he by vertue of the the writ aforesaid to him directed the 15. day of December last past caused to be had to the said Countesse full seisin of the third part of the hundred, Mannors, Tenements,Copyheld land. Rectory and Advouson aforesaid with the appurtenances, to wit, of 11. Messua­ges, 3 Dove-houses, 700. acres of land, 300. acres of Meadow, and 400. [Page 178] acres of pasture with the appurtenances in Dorchester and Drayton being Costomary lands of the mannor of Dorchester and parcell of the said Mannor then in the severall Tenures or occupations of I. p. Gent. E. H. Gent. &c. or of their assignes with all lands, Tenements, cottages, Meadowes, Pastures, Commons, Rents, Services, and Hereditaments whatsoever, to the same belonging or appertaining, and of the Cheife Rent of twenty shillings, and eleven pence issuing out of the Farme of Draycot aforesaid, and the lands and Tenements to the sayd Farme be­longing and appertaining, and also the third part of the profits of the Mannor Court of Dorchester aforesaid,The third part of the profits, our manerii. and of nine Messuages, foure Cottages, &c. with the Appurtenances in Weston, upon the green, be­ing customary Lands of the Mannor of Weston aforesaid, and parcell of the said Mannor then in the severall Tenures or Occupations of I.G.W. H. &c. or of their Assignes, with all Lands, Tenements, Cottages, Meadowes, Pastures, Commons, Rents, Services, and Hereditaments whatsoever to the same belonging or appertaining,2 Mills. and of all those new buildings called the Brew-house, and of one Barne, &c. And also of two Water mills with the appurtenances in Weston aforesaid, and all Tythes yearely growing and renewing,Tythes. as well out of the same Lands and Tene­ments in Weston aforesaid, in the severall Tenures and occupations of the said I. A. W. H. &c. or their Assigns, as out of all & singular other the Lands and Tenements whatsoever above named, and to the Rectory of Weston aforesaid belonging or appertaining,Rectory, or being parcell of the sayd Rectory of Weston aforesaid, and of the West part of the Wood or Co­pice called Weston wood in Weston aforesaid, containing by estimation fourteen acres, and of the Tithes from and out of the West part of the same Wood or Coppice, called Weston Wood aforesaid, and also the third part of the profits of the Mannor-Court of Weston upon the green aforesaid,Tythes of wood. Third part of the profits of Mannor Cou [...]t. 3d part of the the advowson of the vica ridge of W. and of one Close called Cow-lease, &c. And also the Advow­son of the vicaridge of the Church of Weston aforesaid, to hold to the said Countesse and her assignes in severalty by metes and bounds, in the name of her whole Dower, to her out of the Hundred, Mannor, Tene­ments, Rectory. and Advowson aforesaid, after the death of the sayd Francis, late Earl of Berks, her late Husbandhapning, as by the sayd Writ to him it was commanded, &c. The like assignment of Dower be­tween the same parties upon the same Roll.

Summons.

ss. JUry of twenty four Knights of the Neighbour hood of T. ven. recogn. if the Jury by whom a certain inquisition was lately sum­moned, in the Court of the Lady the Queen,Entry of a writ of summons in an attaint exe­cuted, and a­warding of a resummons a­gainst the de­fendant, hab: corp. against the grand Iury, and Distring. against the pe­tii jury. before the Iustices of the said Lady the Queen here, to wit, at Westminster, by writ of the Lady the Queen, and afterwardr before the Beloved and faith­full of the said Lady the Queen, R. C. Knight, Cheif Iustice of the Lady the Queen assigned to hold pleas before the said Queen, and G. G. E­squire, Attorney Generall of the said Lady the Queen, Justices of the said Lady the Queen, assigned to take the Assizes in the County afore­said, by writ of the said Lady the Queen of Nisi prius, by Form of the statute, &c. at Stonystratford in the County aforesaid taken, between R M. Gent. plaintiff, and I.Y. of T. &c. and R. W. of T. &c. of a certain Trespasse to the same R. by the said I. and R. done, as it was said, made a false oath, as the same R. greivously complaining hath shewed to the said Lady the Queen, or not, And now here at this day, to wit, in Oc­tab. sancti Hillarii, came the same R. M. by T. his Attorney, and the said I. Y. and R.W. summoned, &c. 4 Die pl. being solemnly called came not, and of them the sheriff now returned that he summoned,Summons re­turned. &c. there­fore let the same I.Y. and R W. be resummoned, that they be here 15. Pas. to hear the sayd Iury of twenty four Knights, and also J. Jugram, I. S. I. S. &c. twelve Iurors of the first Inquisition aforesaid, being cal­led came not, and of them the sheriff now returneth, that every one of them is severally attached by pledges, J Denn and R Fenn, Hab. corp. Iur. 24 Milit. Therefore they in mercy, &c. therefore the Iury of twenty four Knight aforesaid is respited here untill the said Terme,Distring. Iur. prim inqisitio­nis. &c. and that the sheriff have then and there the bodyes of the same Iury of twenty four Knights, to make the said Recognizance, &c. their Lands, &c. and that of the issues, &c, so that he may have their bodies here at that Terme, to heare the Re­cognizance, the same day is given to the same R.M. here, &c.

P 8. Jac. rot. 1938. Brownlow Lincoln ss. Entry of a writ of summ. and resumm. in at­taint, and Di­string awarded against the grand Iury, the party and the petit Iury. Iury of twenty four Knights of the Neighbourhood of W. vid. Recogn. si. Jur. by whom a certain in­quisition was lately summoned before the Lord the King at Westminster, by Bill without the writ of the said Lord the King, between Henry Earl of Lincolne one of the Peeres, &c. of England, and Ed. Dymock Knight, of certain Trespasses and contempts against the Forme of the statute, De scandalis magnat, therein lately made and provided, and afterwards, before the beloved and faithfull Peter Warburton Knight, one of the Iu­stices of the Lord the King of the Common Bench, and Thomas Foster [Page 180] Knight, one of the Justices of the said Lord the King of the same Bench, Iustices of the said Lord the King assigned, to take the Assizes in the County aforesaid, by writ of the said Lord the King, De nisi prius, by Forme of the statute therein made and provided,P 4. Eliz rot. 532. Cerciorare to certifie a re­torn, whereup­on an attaint is brought. The grand jury, the Defendant and the petit Jury make de­fault. Quaere the she­riff returns not the writ. Resummons a­warded against the grand Jury parties, and petit Iury. at the Castle of Lin­colne in the County aforesaid taken, made a false Oath, as the said Earl to the said Lord the King now greiviously complaining sheweth or not, And now here at this day, to wit, Tres Sept. Pasch. here came the sayd Earle by his Attorney aforesaid, and as well the Iurors of the Iury of twenty four Knights aforesaid, as the same E. D. and also Lawrence Coddington of C. with eleven other Iurors, of the first inquisition afore­said, being solemnly called came not, therefore let the same jurors of the jury of twenty four Knights be resummoned that they be here in Octab. Sancti Trinitatis to make the jury of twenty four Knights, and that ju­ry of twenty four Knights is respited here untill that Terme, and as well the said E as the said jurors of the first inquisition aforesaid, are resum­moned, that they may be here at the same time, to hear the said Iury of twenty four Knights, the same day is given to the said Earle here, &c. At which day here came the said Earle by his Attorney aforesaid, and the sheriff did nothing therein, nor sent the writ thereof, therefore as before let another writ thereof be made returnable here 15. Michaelis, the same day is given to the said Earl here, &c. At which day here came the said Earle by his Attorney aforesaid, and as well the sayd Edward as the said twelve jurors of the first inquisition aforesaid resummoned,Al. resum, a­warded. &c. 4 Die pl. being called came not, &c. and also the jury of twenty four Knights aforesaid, likewise being called came not, therefore that jury of twenty four Knights is respited here untill Cr. sancti Martini and the sheriff is commanded, that he distrain as well the sayd jury of twenty foure Knights that they be then here to make the jury of twenty foure Knights aforesaid,A Distring: a­warded. See the like be­tween the par­ties aforesaid. M, 9 Iac: rot. 3127. Br. as the same Edward, as the same Iury of twelve ju­rors of the first inquisition aforesaid, that they be here at the same time, Auditur Recognitionem illam, &c. the same day is given to the said Earle here, &c. and it is to be known that a writ thereof, the Iustices here in Court that same Terme have delivered a writ thereof to R. S. Deputy sheriff of the County aforesaid in Forme of Law to be Executed, &c. by proclamation thereof made according to the forme of the statute, &c.

Entry of a summons in a Q [...]ar. imp. with the ess [...]ine, and an attachment awarded for defaultH 2. Jac. rot. 192. North. G C. Esquire, by his Attorney, offered him­selfe the fourth day against Thomas, Bishop of the Burrough of Saint Peter, otherwise Peterburrough, and William B. his Clarke, that they permit him to present a fit person to the Church of W. which is void and belongeth to his gift, &c. and they came not, and they had therein day, to wit, the same Bishop by essoine here untill in Octab. Sancti Hilla­rii last past, and the said W. hath day therein by his Essoine here untill this day to wit in Octob. Pur B. Mariae after they were summoned, &c. judgement that they be here 15. Pasch. &c.

[Page 181]H 10. Jac. rot. 20. Wollaston, Eber. ss. Speciall entry of a summons in quare Imp. and the she iff returns, tarde, and an al: sum: awa [...]ded: It was commanded the sheriff that he summon by good summoners George bishop of C. E. C. Gent. & I.T. Clark, that they should be here at this day in Oct. Pur. B. Mariae, to answer M W. Knight, and F. S. Esquire, of a plea that they suffer them to present a fit person to the Church of S which is void, and belongeth to their gift, and now here at this day came the same M. and F. by their Attorney, and the sheriff to wit, C.H. Knight, now returneth, that that writ was delivered to him so late, that for the brevity of time hee could not execute it, as by the said Writ it was commanded him, therefore as before it is commanded to the said sheriff, that he summon by good sum­me oners thsame Bishop, E. and I. that they be here 15. Pas. to answer to the same M. and F. in the plea aforesaid, &c.

P 11. Iac. rot. 20. Wellaston ss. It was commanded the sheriff,Entry of an al: sum: [...]n a quar: imp: [...]n feve­rance, and an attachment a­w [...]rded against the defendant: as other­wise the King had commanded the said sheriff, that he should sum­mon by good summoners G. Bishop of E. E. E. Gent. and I. T. Clerke, that they should be here at this day, to wit, 15. Pasch. to answer as a­bove, And now here at this day came the same Marmaduke by A. B. his Attorney, and the said F likewise plaintiff, &c. the fourth day of the plea being solemnly called came not, and hereupon the same M offereth himselfe the fourth day against the said Bishop, E and I in the plea afore­said, and they came not, and the sheriff now returneth that he had sum­moned, &c, judgement they be attached that they be herein Cro. Trin. and it is commanded to the same sheriff that hee summon by good sum­moners the same F. that he be here at the said Terme to follow against the said Bishop, E and I his plea aforesaid together with the said Mar­maduke if, &c.

Surrender.

H 1 Iac. rot. 1699. Brownlow ss. Surrender of a Philizers office: see the old book of entries, f: 442: title de office and offi­cers, Be it remembred that the thir­teenth day of February that same Terme came here into Court Edward Pytt Knight, Philizer in the same Court as well of London as of the County of Middlesex, Huntington and Cam­bridge, in his proper person, and of his own accord surrendred into the hands of Edmund Anderson Cheif Iustice of the Lord the King of the Bench here, his office of philizer aforesaid to the use of Iames Pyt Knight whom the said Cheife Iustice, as the Custome is, freely admitted to the same Office, to hold, occupy, and have to him as his free Tenement ac­cording to the custome of the Court aforesaid in the whole time afore­said used and approved,The oath: and presently the same Iames Pytt upon the ta­king of his corporall Oath, as the custome is, well and faithfully to [Page 182] behave and carry himselfe in the office aforesaid,Put into posses­sion. put and constituted him into the corporall possession of the same Office, to hold, occupy, and have the same in forme aforesaid with the Fees and profits incumbent to the said office, and anciently due and accustomed, &c.

SEE Hill. 13. Iac. rot. 732. the like in Ady and Maydwell.

H 10. Iac. rot. 3279. in Gulston and Mill.

T 28. H. 8. rot. 511. Surrender by Pateshal Philizer of Essex and Hert­ford.

T 22. Iac. rot. 2085. Surrender by the Philizer of Norfolke, Lambe to Thelwall, M. 28. H. 8. rot. 108. T. 33. H. 8. rot. 1. T. 3. and 4. Philip and Mary rot. 904. T. 1. C. Reg. rot. 958. Grant of the office of the Phili­zer of W. made by H. P. after the death of Plumstead, by the Lord Ho­bart.

Supersedeas.

Supersedeas to a Cap. i [...] Wi­thernam, quia inconsult. e­manavit, and aver. elongat. returned there­upon, and a cap, Wither­nam, awarded for the Defen­dant against the plaintiff upon a writ of Plur. repleg. Aver. elongat returned upon the plur. reple­vin. C [...]pias in Wi­th rnam of the Ca tell of Defendant a­warded for the plaintiff, 3. El. Dyer fol. 189. pl. 12.P 8. Edwardi 4. rot. 106. Surrey ss. Be it remembred that the Iusti­stices here in Court the fourteenth day of May that same Terme delivered here to W.F. Deputy sheriff of the County aforesaid, a certain writ of the Lord the King now closed, directed to the said sheriff under forme of Law to be executed, which said Writ the same W. opened here in Court. the Tenor whereof followeth in these words, Edward by the grace of God King of England and France, and Lord of Ireland, to the sheriff of Surrey greeting, Whereas lately by our Writ, as more times we have commanded you, that justly and without delay you should replevy to W.W. and T. M. his cattell, which I. L. took and unjustly detained, as he saith, or that you your selfe should be before our Iustices at Westminster 15 Trin. last past, to shew wherefore you have contemned to execute our commands, so often to you therein di­rected, and then to our said Iustices at Westminster, at the same 15 Tr. hast returned, that those cattell aforesaid, were enlarged to unknowne places, by the same I. so that you could not have sight of them, and that you could not replevy the said Cattell to the said W. and T. where­fore we have commanded you, that you should take of the cattell of the said I in your Bailiwick, to the value o the sa [...]d cattell, of the said W and T in Withernam, and shouldest deliver them to the said W and T to be [Page 183] kept untill the said Cattell of the said W and T you could redeliver to the same W and T and in as much as you shall execute this our precept,Pone Def. ad respondend. of the taking of the cattell, with a repleg. fac. of the cat­tell fi st taken. you make known to our Iustices at Westminster 15 Michaelis last past, and that you put by sureties and safe pledges the same I, that hee should be before our Iustices at Westminster at the said 15 sancti Michaelis, to answer to the said W. and T. of the taking of the cattell aforesaid, and in the mean time if you could, to replevy to the same W and T their cattell aforesaid, and afterwards for that it seemed to our said Iustices at VVest­minster, for certain causes propounded before them, and them speci­ally moving, that our Writ aforesaid Quoad Cap. in VVith, The writ of cap. in Wi­thernam in­consulte ema­navit, there­fore a Super­sedeas is there­in awarded. The cattell of the Defendant taken and and delivered to the pl intiff in withe n. before the delivery of the sup. and that he by force of the supersed, cannot redeli­ver them, for that they were eloyned. Withernam post Withernam. The cattell ta­ken in Wither­nam eloyned before the re­ception of the Writ of Sup. Plur. cap. in Withernam for the Def. with a writ in the mean time to deliver the cat­tell first taken in Withernam. of the cattel of the said I for the cattell of the said VV and T by him taken before, im­provisely issued out of our Court aforesaid, by another Writ we have commanded you, that of any cattell of the said I to be taken in VVither­nam, for the same cattell of the said W and T by him before taken, you be altogether superseded, and if you shall have taken any of the cattell of the said I in VVithernam, by occasion of the premisses, then you shall redeliver them to the said I without delay, and inasmuch as you shall execute this our precept, you shall make appear to our Justices at Westminster at the said 15 Michaelis, and then our said Justices at VVest­minster at the said 15 Mich. returnest, that by vertue of the said Writ, De Capiend. in VVithernam to you before directed, to wit, such a day and year abovesaid, of the cattell of the said I. L. four Cowes, &c. to the value of the said cattell, of the said W. and T which I took, thou have in VVithernam, and that afterwards such a day and year abovesaid, our said Writ of Supersedeas was delivered thereof to you, and at the same 15 sancti Michaelis, you certified to our Justices at Westminster, that the cattell of the same I in Forme aforesaid taken in Withernam, and delivered to the same W and T. you could not redeliver to the said I af­ter the coming of the said Writ of Supersedeas, according to the Tenor of the said writ of Supersedeas, for that the same cattell were eloyned, and yet are eloyned and transmitted by the same W. and T. to places to you unknown, so that by no meanes you could have sight of the sayd cattell, after the coming of the said Writ of Supersedeas, and therefore we command you, as more times we have commanded you, that of the cattell of the said W and T in your Bailiwick, to the value of the said cattell of the said I taken in Withernam, you take in Withernam, and deliver them to the said I to be kept, untill the said cattell of the said I. taken in Withernam you can redeliver to the same I. And inas­much as you shall execute this our precept, you make to appeare to our Justices at Westminster such a day, and in the mean time if you can, to make redelivery to the said I, of the cattell aforesaid first taken in Wi­thernam, and have there this writ, Teste, &c.

[Page 184] Entry of a Sup. to an Exi­gent and pled­ges de novo after the retorn of a nichil upon a cap. in Wi­thernam a­warded after averia Elon­gata retorned af er nonsuit of the plaintiff and before de­claration in replevin.T 3. Jac. rot. 612. Brownlow, Cornub. ss. It was commanded the sheriff, whereas, I. H. and O. R. were summoned to be in the Court of the Lord the King here, to wit, at Westminster, to answer I. K. Esq. of a plea wherefore they took a certaine Cow of the same I. K. and her un­justly kept against sureties and pledges, &c. the same I. K. afterwards in the same Court of the Lord the King here, to wit, at VVestminster aforesaid made default, whereupon it was then considered in the said Court of the Lord the King here, that the same I. K. and his pledges to prosecute should be in mercy, and that the said I. H. and O. should goe thereof without day, &c. And that they should have retorne of the Cow a­foresaid, whereupon it was commanded the sheriff, that without delay he should retorne the Cow aforesaid to the said I. H. and O. And her at the complaint of the said should not deliver without a writ of the said Lord the King which should make expresse mention of the judgment a­foresaid,Reto. habend awarded. and in asmuch, &c. he should make appeare here 15. Pas, last past, at which day the sheriff retorned to the Justices here, that before the comming of the writ aforesaid, the said Cow was cloyned by the said I. K. to places to him altogether unknowne, whereby he could not re­torne the Cow aforesaid to the said I. H. and O. as by the said Writ it was commanded him,vacca elonga­ta retorned &c. whereupon it was commanded the sheriff, that of the Cattle of the said I. K. to the value of the Cow aforesaid before ta­ken he should take in VVithernam and should deliver them to the said I. H and O. to hold to them untill he could retorne the Cow aforesaid be­fore taken,Capias in Wi­thernam awarded. Cap as for the contempt. and that he should put by sureties and safe pledges the said I. K that he should be here in 15. Trin. in the second yeare of the Lord the King now to answer aswell the said Lord the King now of the contempt,Nichil habet. that the she­riff could take in Withernam As to the said I. H, and O. of the injuries to them in this be­halfe offered, and that he should have here, the names of the pledges and that writ, at which day the sheriff retorned to the justices here, that the said I. K. had no Cow in his bayliwick, which he could take in VVither­nam, Q [...]ere if good because the Ca­pias is not a­warded before the Exigent. Exigent awar­ded. nor had any thing in his Bayliwick by which he could be attached whereby as more times the sheriff was commanded that he put in exi­gent the same I. K. from county to county untill, &c. he should be ut­lawed, if not, &c, and if, &c. then he should take him, and safely, &c. so that he should have his body here 15. Trin. aswell to answer to the said Lord the King of the contempt, as to the said I. H. & O of the damage and injuries to him in this behalfe done, and that he should have here, that writ,The Nonsuant prayeth to be admitted to his fine for the con [...]empt and the fine was assessed and now here at this day, to wit, the said 15. Trin. came aswell the said I. K. and T. R. his attorney as the same I. H. and O. by I. H. their attorney, And hereupon the said I. K. prayeth himselfe to be ad­mitted to make a fine with the said Lord the King by occasion of the pre­misses, and is admitted, &c. and is fined by the Justices here at 2 s. 6 d. which by the command of the Justices of the Court here he paid to R. B. [Page 185] Cheife Prothonotary of the Court of the said Lord the King of the bench here for necessary reparations in the Court here done and to be done,Fine payed. &c. Therefore the same I. K. goe thereof without day, &c. whereupon the same I. K, by the statute,A writ de S [...] ­ccuda. delibera­tione prayed. Pledges de novo. Recognizance. &c. prayeth a writ of the said Lord the King de Secunda Delib. and it is granted to him retornable here. in Oct. Mi. &c. And also the said I. K. in the same court here found pledges de novo aswell to prosecute his Claime, as of the Cow aforesaid before taken, to be retorned to the said I. H. and O. if retorne thereof should be adjudg­ed, to wit, T, R. of O. &c. and I, D, of, &c. each of them under the penalty of 100 s. whereupon it was commanded the sheriff that of the said I, K. further putting in Exigent, utlawing,Super sedias awarded upon the Exigent. taking or in anything molesting by occasion of the premisses he be altogether superseded, &c.

M 18. H. 8. rot. 2. The Lord the King sent to his Justices of the Bench here his writ closed in these words. Henry by the grace of God,Supersedeas out of the Kings Bench to dis­charge sureties of peace in the Common Bench because he found security of peace in the Kings Bench. to Robert Brudenell Knight and his associats our Justices of the Common Bench greeting, because Thomas Travers of W. in the County of Essex Clerke came into our court before us at Westminster this instant day of Thursday next after 15. daies of S. Iohn the Beptist in his proper person, And then found there sufficient securitie, that he should personal­ly appeare before us in 15. Pas. next to come wheresoever we should then be in England, And that in the meane time he should carry himself peaceably towards, and all our people, and that he would not bring nor cause to be brought by himself or any other in his name any Damage or grievance to any of our people upon their bodies by treachery, assault or any other meanes which may in any manner give way to the infringe­ment & disturbance of the peace as in our court before us is fully manifest upon Record, Therefore we command you, that from compelling the said Tho. Travers to find any securitie for our peace, or for any of our people before you or any of you untill after the same 15. Pas. you are altogether superseded T. I. fifty James at Westminster the 11. day of July An. &c. 18. and now, to wit, in 8. S. Mich. that same Terme came here the same Thomas in his proper person whereupon the same Thomas by the same Justices here is altogether dismissed and discharged from fin­ding of any other securitie further in this behalfe, &c.

Charles, &c. To the sheriff of L. greeting,A Supersedeas after a Fi. fac. ne venditioni exponas. whereas of late we did com­mand you that of the goods and Chattles of T. E. late of, &c. being in your bayliwick you should cause to be levied 161. 5 s. which D. I. in the Court, &c. had recovered against him for her Damages which she had sustained by reason of a certaine trespasse upon the case by the aforesaid T. to the said D. done, whereof he is convicted, as by the Record, &c. it manifestly appeareth, And that you should have those [Page 186] moneyes which you had so levied before, &c. at VVestminster aforesaid such a return to render to the said D. in that behalfe as in that Writ is more fully contayned, and you at that day did retorne to the Barons of our said Exchequer at VVestminster aforesaid that you had levied of the goods of the said T. to the value of the summe abovementioned which goods did remaine in youre hands unsold for want of buyers, but because the said Writ of Scire facias to you as above directed, did unduely issue forth. Therefore we command you, that from selling of the goods a­foresaid, or any part thereof by vertue of the said Writ of Scire fac. you altogether forbeare as you will answer the contrary at your peril, wit­nesse, &c,

Ʋentre Inspiciendo.

Entry of a writ de ventre inspiciendo. see Bracton fo. 69.H and E, terms A. 5. H. 3. rot. in the common Bench Norff. ss. Peter de Meanton hath requested, that Muriell who was the wife of VV. de Meanton who maketh her selfe not not to be with child by the same VV. her husband, was not with child, & for this cause maketh herselfe not with child to disinherit the same Pet, whereupon at the peti­tion of the same Muriell it was commanded the sheriff that by law [...]ull women they should make diligent inquiry whether she was with child, or not, And Inquisition was made and sent to VVestminster, but in the in­terim came she before the Justices of the Bench and offered her selfe and shewed to them that she was with child, and this she offered to shew and prayed that it might be seene by the command of the Justices by 14. law­full gentle women of London to be chosen by the Mayor and sheriffs of London, and it seemed to them that she was with Child, so that it was said to her that she might goe therein without day, untill any one should complaine thereof, but afterwards came the same Peter and offe­red himselfe, and again said that she was not pregnant of his brother, so that upon his complaint she was againe resummoned, and questioned when her husband dyed, and at what time he departed from her, said, that in truth he departed from her upon VVednesday next after the Feast of the holy Trinity, and that he died on the day of the Appostles Peter and Paule so that after that same Wednesday she never saw him and Pe­ter acknowledgeth this same, & said well she was not with child with his brother & prayed that she might be committed to custody, so that by the counsell of the court she was committed to the Mayor of L. into custody and 4 lawfull gentle-women were assigned to see her often and to keep her But afterwards came the same Peter and shewed that the Terme of bringing forth, if she had beene pregnant with his brother is past, and prayed Justice to be exhibited to him, so that the same Muriel come [Page 187] come before the justices of the Bench upon command upon VVednesday next before the Feasts of the Appostles Peter and Paul in the second year following. And the same Muriel said that before, to wit, that she was pregnant, and by the said William, and well acknowledgeth that his terme of being borne is past, and she expects the mercy of God, and the said Peter likewise said that the terme is past, and prayeth this to be al­lowed him, And hereupon it is found that 48. weekes have passed since the first Wednesday wherein she acknowledge that her husband depar­ted from her, but afterwards she acknowledged that she was not with child but long since being sore greived with such an infirmity that she thought her [...]elfe to be with child.Confession that she is not preg­nant. Iudgment. Therefore it is considered that Peter be received as heire of the said VVilliam and may have his inheritance notwithstanding this that she made herself impregnant, Et habeat. brevia. ad dominos suos, &c. & hereupon came the same Peter, and prayeth ju [...]g­ment whether she ought thereof to have her dower, because she to dis­inherit him, falsely made her selfe impregnant.

Ʋtlawry.

P 4. Jac. rot. 808. Brownlow ss. It was commanded the sheriff that he should not omit for any liberty of his county but should take R. W. late, &c, utlawed in London, Entry of a non omit. upon a Cap. utlagat Denbigh. Vtlawry. such a day and yeare at the suite of H. B. in a plea of debt if, &c. and safely, &c. so that he might have his body here this day, to wit, in Pas. to do and receive what the Court of the Lord the King here shall consider of him in that behalfe, &c. And now here at this day came the said H. by [...]. Guy his attorney and the sheriff, to wit, I, W. Esq. now retorneth that he by vertue of the writ aforesaid to him directed commanded the Bayliff of the liberty of the Towne and liberty of Denbigh, Mand. Ballio. who hath the returne of al the writs and the execution of them within the liberty aforesaid, which said Bay­liff gave him this answer, to wit, that they have taken the body of the said R. and have him ready.Amerciament vir. Notwithstanding the said Bayliffs have not delivered his body to the said sheriff according to the strictnesse of that command but yet keep the body of the said R. under the custody of the said Bayliffs so that the sheriff could not have his body at the day and place aforesaid as it was commanded him, And because it seemeth to the justices here that the said [...]etorne is insufficient in Law. the said sheriff,Attachment a­warded to the Coroners for Contempt. to wit, I. W Esq. in mercy and fined by the Court here to 6 l. 13 s. 8 d. And it is commanded the Coroners of the county aforesaid that they attach the said sheriff so that they may have his body here in 15. Trin. to answer the Lord the King of the contempt, &c.

[Page 188] Entry of the reversall of an Ʋilary against the Intestate prosecuted by the Administra­tor for defect in the return of the writ of Exigent, for that three Hust. were held after the return of the Exigent. Letters of ad­ministration shewed. Pas. 36. Eliz. rot. 1990. ss. Afterwards that is to say 12. February An. 39. Eliz. came here into the Court one T.H. of, &c. and said that the same I. N. after the utlawry aforesaid against him in Forme a­foresaid published died, & dyed instate, &c. And that the same T. is Admi­nistrator of the Goods and Chattels which were of the same I. at the time of his death, & bringeth here into Court the letters administratory of I. by divine providence Arch-Bishop of Cant. Primate and Metropo­litan of all England which are dated at London 14. Feb. An. Do. 1596. which the commission of the administration of the goods and Chattles which were of the same I. at the time of his death, to the same T. in form aforesaid testifie, &c. and prayeth the hearing of the return of the said vvrit of Exigent, retorned in the Bench here against the said N. in Oct. S. Mich. and it is read to him in these words, at the Hustings of the pleas of Land held at Guild-Hall in the City of London upon Munday next after the Feast of S. Dunstan the Arch-Bishop An. 38. within written the within named I, N. was the first time called and appeared not, At the Hustings aforesaid upon Munday next after the Feast of Boniface Bishop An, Suprad. the said I. was the second time called and appeared not, at the Hustings of the pleas of land held in G. in the Citty afore­said, upon Munday next before the Feast of the Annunciation, &c. An. Supr. the said I. was the third time called and appeared not, At the Hust. of the pleas of L. and held in Guild-Hall in the City aforesaid upon Monday next before the Feast of S. Marg, the Ʋirgin An. Sup. the said I was the fourth time called and appeared not, at the Hustings of the pleas of land of the City aforesaid held, &c the said I. was the fi [...]t time called and appeared not therefore he is utlawed, The answer of T. L. & L. H. sheriffs, that writ is above indorsed we the now she. of L. have received of the la [...]e Sh. of L. the going from their Office the answer of I. W. & R.G. sheriffs, which being read and heard the same T H. saith that the utlawry aforesaid against the said I. in Form aforesaid publ shed and had is void in law and of no force nor effect,Error for that the three Hust. was h [...]ld after the day of the return of the Exigent. for that that it appeareth by the retorne aforesaid, that the same I. was the third time called upon Monday next before the Annunciation of the Blessed Ʋirgin Mary which said day of Monday, next before the Feast of the Annunciation &c, was long after the retorne of the said vvrit of Exi. whereupon the retorn being seene, And by the justices here fully understood, it seemed to the Justices here, that the allegation of the said T. is true. Therefore for the defect aforesaid,Judgment that the Vtlary be reversed. and divers others in the retorne aforesaid it is considered that the utlawry aforesaid, be adnulled, vacated and altoge­ther taken for nothing, &c.