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

Ballivo amovendo.

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

Capias ad Satisfaciendum.

Entry of a Teſtat. Caſam for reſidue of a debt whereof parcell was levied upon a Teſtat Fi. fac. Here the return of nulla bona by the Sheriff of Wiltſ. is not recited, which ought to have been.

Parcell levied, nulla bona returned.

P. 6. H 8. rot. 158. T. 5. Eliz. rot. 381. Cap. after Elegit, after an nihil is returned.

Non invent. returned.

Teſtat. caſam awarded to the Sheriff of Glouc.

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

Capias pro fine, and 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.

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 were of the ſaid K. at the time of his death in the hands of the ſaid A. and M. to be adminiſtred, have ſold, and the monies received for thoſe Goods and Chattells, have converted to their own uſes, and the reſidue of the Goods and Chattells which were of the ſaid R. with intention that the ſaid execution ſhould not be thereupon done by the ſame A. and M. are eloyned or converted unto the uſes of the ſaid A. and M. The Lady the Queen now unwilling that ſuch things which in the Court here are rightly acted and adjudged by art or ingeny to be avoided,A Writ awarded to enquire of the waſt. commands the ſame Sheriff of Devon. that of the Goods and Chattells which were of the ſaid R. at the time of his death, being in the hands of the ſame A. and M. in his Bayliwick, he would cauſe to be made the debt and damages aforeſaid, if they could be found in his Bayliwick: Otherwiſe it was commanded to the ſame Sheriff, that by the oath of honeſt and lawfull men of his Bayliwick, he ſhould make diligent enquiry, what Goods and Chattells which were of the ſaid R. at the time of his death, were by the ſaid A. and M: after the death of the ſaid R: ſold, eloyned, or converted to their own uſes: And if it ſhall appear to the ſaid Sherif by that Inquiſition, that the ſaid A: and M: the Goods and Chattells which were of the ſaid R: at the time of his death, to the value of the Debt and Damages aforeſaid, or of any parcell thereof, after the death of the ſaid R. have ſold, eloyned, or converted to their own uſes, then of the proper Goods and Chattells of the ſaid A: and M: in his Bayliwick he ſhould cauſe to be made the Debt and Damages aforeſaid, to the value of the Goods and Chattells which were of the ſaid R, at the time of his death ſo ſold eloyned, or converted to their own uſes, and that he ſhould have thoſe monies here at this day, to wit, in Oct. S: Hil: to anſwer the ſaid T: of the debt and Damages aforeſaid. At which day here came the ſaid T: in his proper perſon: And the Sherif now returneth that the ſaid A: and M: have no Goods nor Chattells which were of the ſame R: S: at the time of his death in his hands to be adminiſtred, whereof the Debt and Damages aforeſaid, or any parcell thereof could be made: And the ſame Sherif further returned here a certain Inquiſition, taken at St. E: B: in his County, the ſixteenth day of January, An: 41. Eliz: Reg: before the ſame Sherif by vertue of that Writ, by the oath of twelve honeſt and lawfull men of his County, who ſay upon their oath that the ſaid A: and M: have ſufficient of the Goods and Chattells which were of the ſaid R: S: at the time of his death in their hands to be adminiſtred to ſatisfie the Debt and Damages aforeſaid: And that the ſame A. and M. have ſufficient of the goods and chattells which were of the ſayd R. S. at the time of his death in their hands to be adminiſtred, to ſatisfie the debt and damages aforeſaid, Devaſtavit found by Inquiſition. and that the ſame A, and M. the ſame goods and chattells have ſold, eloyned and converted to their own uſes, and that the ſame A. and M. have no proper goods or chattells in his bayliwick, whereof hee could make the debt and damages, aforeſaid or any parcell thereof, therefore it is commanded the Sheriff that he ſhould take the ſame A and M if, &c. And ſafely, &c. ſo that he might have their bodies here, A die Paſ. in fifteen dayes to ſatisfie the ſaid T of the ſaid Debt and Damages aforeſaid, &c.

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

H 7 Iac. rot. 904. Brownlow, London ſſ. It was commanded the Sheriffs, Entry of a writ of Teſtat. ca. ſat. in the County Palatine after reſort upon a Devaſtavit returned againſt the Executors upon a Teſtat. fi. fac. de bonis teſtatoris. Entry of a fi. fac de bonis teſtatoris. Nulla bona teſtatoris returned. that of the goods and chattells which were of T L late of &c. otherwiſe called, &c. at the time of his death in the hands of F L late of, &c. Executor of the Teſtament of the ſame T being in your bailiwick, you cauſe to be made as well a certaine debt of one hundred ſeventy three pounds, eighteen ſhillings four pence, which Francis Nedham in the Court, &c. as forty ſhillings which &c. If the ſaid Francis Looker hath ſo much goods and chattells, which were of the ſaid T at the time of his death, in his hands to be adminiſtred, and if he have not, then the damages aforeſaid to be levied of the proper goods and chattells of the ſaid Francis Looker, and that they ſhould have thoſe monyes here at this day, to wit, in Oct. ab. S. Hillarii, to render to the ſaid Francis Needham for his debt and damages aforeſaid, whereof hee is convicted, and now here at this day came the ſaid Francis Needham by Iohn Gulſton his Attorney, and the Sheriffs now returned, that the ſaid Francis Looker hath no goods nor chattells in their Bailiwick, which were of the ſaid T at the time of his death, in his hands to be adminiſtred, whereof the debt and damages aforeſaid, or any parcell thereof could be made or levied, nor any proper goods or chattells in their Bailiwick,Teſtat. fi. fac. awarded. whereof they could make or levy the damages aforeſaid, or any parcell of them. And hereupon it is teſtified in the Court of the King here, that the ſaid Francis Looker hath ſufficient goods and chattells which were of the ſaid T at the time of his death, 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 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.

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 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. 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 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 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 of the Seale, but ſayd that the writs were ſealed with the Seale of the Kings Bench by the Keeper of that Seale of Fraude &c. Ignorantly, And he is committed, &c.

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

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

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

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

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

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

T 27. Eliz. Rot 12. London ſſ. Entry of a Hab. Corpus, at a day certaine and the cauſes certified, and he was committed by the judgment Roll without any proces ſued of Execution, &c. And now here at the ſayd Thurſday the ſayd Priſoner in his proper perſon, by the Sheriffs aforeſayd brought here to the Bar, And hereupon came here in Court W. O. attorny of B, and ſayth that he to wit in Eaſter Terme laſt paſt recovered here in Court againſt the ſayd W. O. aſwell a certine debt of 100 l. as 10 l. which &c. whereof he is convicted as it appeareth in Eaſter Terme Roll. And prayeth that the ſaid W. be committed to the Priſon of the Fleet for that occaſion,

Entry of a commitment of a Prothonotaries clerk and of a ſheriffs clerk for raſing of a writ of execution in the teſt & return & for arreſting of the defendant with the ſame writ before it was new Sealed.

T. 15 H. 9. rot 112 commit. of an attorny for alting a counter-plea of the voucher. H. 6. I rot. 1002. entry of a Commitment of one P. to the fleet for raſure of a fine and a fine impoſed upon him by the Court.

H. 16. Eliz. rot. 956. Grevills caſe examinaiion of fraud in the defendatns attorney for ſuffering a judgment, the judgment is vacated and eſpeciall entrey of a judgment. New books of entries to 344. title Hab. corpus 1. Hariſons caſe Dyer folio 149.

The party in execution ſuggeſteth to the court that the case iſſued out of the court in Eaſter 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 County of Hertford Yoman, otherwiſe called, &c. and R. D. of Puckeridg to be my executor aſwell of a certaine debt of 60 l. which the ſaid John in the Court of the Queen here recorded againſt him as of 27. l. 11 s. 4 d. which to the ſaid Iohn in the ſame Court were adjudged for his damages which he had by occaſion of detayning of that debt whereof he is convicted, And whereupon it was conſidered in the ſame Court here that the ſame Executor ſhould have execution againſt the ſayd Thomas for thoſe Debt and Damages, And whereupon the Sheriff of the County of Hertfort aforeſaid retorned to our Juſtices here A die Paſ. in 15. daies laſt paſt, that the ſaid Thomas was not found in his Bayliffwick, whereas it was teſtified in the ſame Court here, that the ſaid Thomas did lie hid, wander, and run from place to place in the ſaid County of Midd. & now here at this day came the ſame W. W. & R.D. by Antony Stebbnig their attorney & the Sheriff of the ſaid County of Midd. to wit I. R. and I. H. now retorneth the Writ aforeſaid by L. D. and E.I. late Sheriffs of the County of Midd. indorſed in Form following to wit that the ſame late Sheriff by vertue of the ſaid Writ to him directed, had took the body of the ſaid T. T. whoſe body together with that Writ in his departure from his he delivered to the ſaid I.R. & I.H. now Sheriff of the ſame County of Midd. And which ſaid body of the ſaid T. T. together with the Writ aforeſaid, in Forme aforeſaid indorſed, the ſame now Sheriff of Midd. before the Juſtices here at this day hath ready, As that writ in it ſelfe doth exact & require. And the ſaid now Sheriff the body of the ſame T. T. by vertue of that Writ, by him to the Barr brought and had, prayed that the Juſtices here would receive that Writ from the ſaid now Sheriff, amongſt other Writs de trib. Septim. S. Mich. is to be Filed in the Bench, here by the Cuſtos br. of the Lady the Queen of the ſame Bench, And that the ſaid Sheriff by the Court here may be diſcharged from further Cuſtody of the body of the ſaid T. T. by vertue of the ſaid writ, whereupon it was given to the Court here to underſtand by the ſame T. T. that that writ by the ſaid now Sheriff brought and ſhewed in the Court here, is of no force in Law, And by the ſame Court there ought not to be received for a writ of the ſaid Lady the Queen to be Filed amongſt other writs, for that, that the ſaid writ in Eaſter tearm laſt paſt iſſued forth of the Court here retornable before the Juſtices here, tres. Trinitat. laſt paſt, And then the ſaid writ had the teſt of Eaſter term before which ſaid tres Septim. S. Trinitatis, was not found within the Balywick of the ſaid late Sheriff of the ſaid county of Mid. And that long after the ſaid tres. Sept. S. Trinit. elapſed, that writ was found raſed in the teſt & in the return of the ſame, and then by couler of the ſaid writ ſo opened and raſed, and not ſealed, and whereof then there was not any Record in the Court here remayning, whereupon the ſaid writ ſo raſed, had not any day of continuance after the ſaid tres Septim. S. Trinitatis, the ſaid T. T. after the ſaid tres Sept. by the ſaid late Sheriff was taken & arreſted, and prayeth that he may be diſmiſſed out of the Cuſtody of the ſaid now Sheriff of the ſaid County of Midd. whereupon the truth of the premiſſes being by the Juſtices here in Court inquired into, whereupon one I. S. Citizen and Gold-Smith of London and Sebaſtian T. late one of the Clerks of R. L. one of the Prothonotaries of the Court of the Lady the Queen here by command of the Juſtices here preſent here in court,Juſtices inquire of the premiſſes And the ſame I. F: his corporall oath being by him taken, was conferred with by the Court hereof and upon the premiſſes who being examined ſaid, That the ſaid executors in Eaſter Term laſt proſecuted out of the Court of the Bench here the ſaid Writ againſt the ſaid T. T. directed to the then Sheriff of the ſaid County of Midd. and returnable here at the ſaid tres Septim. S. Trinitatis, then next following, which ſaid writ, with the ſeale of the ſaid Lady the Queen deputed to ſeale the writ of the ſame Lady the Queen in the Bench here was ſealed, And that the ſaid executors delivered that writ ſo ſealed to the ſaid I. F. deſiring the ſame I. F. to act and proſecute in that behalf for them and in the names of them the ſaid executors in that behalf to do what could be don by Law,Examinations of 3. or 4. in court & their depoſitions and confeſſions in fact recorded. And the ſame I. F. that writ ſo ſealed and returnable at the ſaid tres Trin. &c. in the term of the holy Trinity laſt paſt in the names of the ſaid Executors at London delivered to one W. Y. one of the Clerks of Humphry M: Gent: then deputy and under Sheriff of the ſaid late Sheriff of the ſaid county of Midd. to be executed in form of Law, And afterwards to wit one Moneth being elapſed, after the ſaid tres Sept. S. Trinitatis laſt paſt the ſame I. F:See M. 8. Eliz Dier fol. 242. pl. 50. and fol. 244. Pl. 61. came to the ſaid W. Y being then in one of the counters in London, and requeſted him the ſaid W. Y. in the names of the ſaid execuors to make a certayne warrant upon that writ, to take and arreſt the ſame T, T. for the debt and damages aforeſaid, to whom the ſaid W. Y. then ſaid, that the day of returne of that writ was paſt, And that the ſame I. F. ought to have that writ amended in the teſt and in the retorne of the ſame by ſome of the Clerks of the ſaid R. L, whereupon the ſame I, F: came to the ſaid Sebaſtian T. then one of the Clerks of the ſaid R. L. being then in London, and requeſted the ſame S: to amend the ſaid writ in the teſt and retorne of the ſame which ſaid Sebaſtian raſed the ſaid writ in the teſt and retorne of the ſame, And put in the ſaid writ le teſt 11. die Julii and retorne of the ſame writ A. die S. Mich. in tres Septim., And immediatly after the amendment of the ſaid writ ſo made the ſame I: F: delivered to the ſaid W. Y. that writ ſo raſed and amended, but not new ſealed, and the ſame I, F, being aſked by the Court here, wherefore he cauſed not that writ to be new ſealed, ſaid that he knew not whether that ſaid writ ought to be new ſealed or not, And further, the ſaid I. F. ſaid, that by vertue of the ſaid writ the ſame H. M. then being under-Sheriff of the ſaid county of Midd. at the requeſt of the ſaid I. F. in the name of the ſaid executors made, made a certaine warrant to take the ſame T. T. for the debt and damages aforeſaid, And that the ſaid T. T. by vertue of that warrant was taken in the ſaid County of Midd. and afterwards brought to the dwelling houſe of L. D. ſcituate in London there one of the Sheriffs of the ſame County of Midd. And alſo the ſaid Sebaſtian having taken his corporall oath, was likewiſe by the Court here conferred with and examined whether he raſed and altered les Teſtes and retorns of the ſaid writ as aforeſaid at the requeſt of the ſaid I. H or not, or whether he made any continuance of the ſame writ in any record or rolle of plea thereof in the ſame court here remaining, or not, ſaid that he at the requeſt of the ſaid I. Clerk of the ſaid R. L. his Maſter raſed and altered the ſaid writ in the les Teſt. and retorne of the ſame as is aforeſaid, And that he made not any continuance thereof any record or Roll in the Court here here of remaining, whereof the roll of the entries of Pleas of Hillary term laſt paſt, in which term judgment to have execution for the debt and damages aforeſaid was entred, being brought here into the Court it evidently appeareth, and the Court here by the inſpection of the ſaid Juſtices in the roll of Pleas number 941., the ſaid writ had day of continuance from the ſaid tribus Septi. S. Trinitatis untill the ſaid tres Septi. S. Michi. then next following, And being by the court there aſked who made that continuance, und when the ſame continuance was made, it is given to the Court here furrher to underſtand, that one H. S. one of the Clerks of the ſaid R. L. had made it, which ſaid I. S, preſent here in court after he had taken his oath, being conferred with and by the court here fully thereupon examined, ſaid that he the firſt day of that Terme of S. Michael at the requeſt of the ſaid I, made the continuance, for that he is one of the Clerks of the ſaid K. L. attending in the Office, and entred the Plea thereof in the ſame Roll 940. And the ſame W, Y. being likewiſe preſent here in court and having likewiſe taken his oath by the ſame court being examined of and upon the premiſſes ſaid that he in the beginning of the Term of the holy Trinity laſt paſt received by the hands of the ſaid I. H. the writ aforeſaid then ſealed, and long after the end of the terme of the holy Trinity, the ſame I, F, came to him deſiring him the ſame W, to make a certaine warrant upon the ſame writ, to 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 of Humphry Moſeley his Maſter, came to the houſe of W. Forreſt, ſcituate in Fleetſtreet London, in whoſe cuſtody the ſeale of the Lady the Queen deputed to ſeal Writs, in the Bench aforeſaid, remained, and cauſed the ſaid Writ to be ſo ſealed,Fee for the common Seale in the Bench ſeven pence. and paid for the ſealing of the ſaid Writ ſeven pence to the ſaid W. F. And afterwards, to wit, the ſame day, the ſaid W. Y. that writ ſo newly raſed, and then newly ſealed, delivered to the ſaid H.M. his Maſter, which ſaid H.M. being likewiſe preſent here in Court having taken his oath, and by the ſame Court here being examined, of and upon the premiſſes, ſaid, that he at the time of the taking and arreſting of the ſaid T.T. knew no otherwiſe, but that the writ ſo raſed,Commitment of the offendors to the Fleet. was ſealed of new, but as ſoon as the ſame H had underſtood that the ſame writ after the alteration of the ſame was not ſealed of new, ſaid to the ſaid W.Y. his Clerk, that he ſhould cauſe the ſame writ to be ſealed, And thereupon the ſame W. Y. cauſed the ſame VVrit to be ſealed, the ſame H further ſaid, that hee having the writ aforeſaid ſealed of new, at W in the County of M that Writ to the ſame T. T. then and there being under the cuſtody of the ſame H ſhewed, and read it,

The plaintiffs examined in ihe Court, whether they were conſenting to the alteration or not.

The Plaintiffs pray that the Defendant may ce committed in Execution by force of the Writ, or of the record of the Judgement in Court, if it may be by the Law af the Land.

and the ſame T. by vertue of that writ to one P. delivered to be ſafely kept in the priſon of the ſaid Lady the Queen for the debt and damages aforeſaid, and hereupon the ſame I F S T and W Y preſent here in Court by occaſion of the premiſſes, are committed to the priſon of the ſaid Lady the Queen of the Fleet, there to abide untill, &c. Afterwards, to wit, the third day of November, then next following, the ſaid then Sheriff of Middleſex came here to the bar, and brought the Writ aforeſaid, together with the body of the ſame T T under the cuſtody of the ſaid Sheriff, being by vertue of the Writ aforeſaid detained, and the ſame Sheriff prayeth that the Writ aforeſaid here in Court may be filed, &c. and that he from the cuſtody of the ſame T T may be diſcharged &c. whereupon the ſame Executors the ſame third day of November by the command of the Juſtices being preſent here in Court, having taken their oath, were examined by the ſaid Court here, whether they were conſcious or conſenting to the raſure and alteration of the ſaid Writ, and to the taking and arreſt aforeſaid, who ſayd that not, and the ſame Executors being conferred with by the Court here, that they would have done againſt the ſaid T T in this behalf, or require, who ſay, that if the ſaid T T by vertue of the Writ aforeſaid here ſhewed in Court, or by vertue of the judgment aforeſaid againſt the ſame T here remaining upon record, and to the Juſtices here in Court ſhewed,The Juſtices will adviſe. ought to remain in execution for the debt and damages aforeſaid by the Law of the Land, then the ſame Executors prayeth Execution againſt the ſame T T and that he may be committed to the priſon of the Fleet, for the ſaid debt and damages, and hereupon it is ſaid to the ſaid Executors by the Juſtices here, that the ſame Juſtices wil adviſe themſelves at another day therein, for that not as yet, &c. And aftrwards, to wit, the fourteenth day of November then next following, all which premiſſes aforeſaid with their circumſtances,

The writ is received and filed, and the Defendant at the prayer of the plain iffs is committed in execution.

The Delinquents come to the Barr and pray to be diſcharged, and are diſcharged One makes a fine before he be diſcharged.

Admitted to his fine at a hundred ſhillings by pledges.

The Sheriffs are fined at ten l.

The Prothonotary of the Bench payes the fine by him received of the party for a miſdemeanour to the barons of the Exchequer, by the commandement of the Juſtices of the Bench.

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

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

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

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

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

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 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 Ao. 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.

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 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 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 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 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.

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, &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 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, 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 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 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 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 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 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 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 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 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 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 wch 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 wch 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 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.

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. 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.

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 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 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.

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 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.

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 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 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 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 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 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.

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 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.

Cartwright

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 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 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 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. 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 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 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 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 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, 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.

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.

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 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 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.

Warburton

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. 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 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 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 ſame Writ, the Tenor whereof followeth in theſe words, Pleas of the County of Cheſter, at Cheſter, before T. E. Knight, Juſtice of the Lord the King upon Thurſday next after the Feaſt of Saint Iames the Apoſtle Anno H. 8. post Conqueſt. of England 25.

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

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

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

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

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

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

At which ſaid Octab. Hill before the ſaid Iuſtices of the Bench here, to wit, at Weſtminſter aforeſaid,Remandment of the plaint. came the ſame T. T. by R. Jenour his Attorney, and offered himſelf the fourth day againſt the ſaid R. B. T. W. and P. A. in the plea aforeſaid, and 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 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 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 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 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, And thereupon the ſaid Cow was ſold by which occaſion the ſaid Iohn Clark of the ſaid 39 s. 11 d. for the value of the ſaid corne and of the ſaid 12 d. for his coſts and charges aforeſaid in the hundred aforeſaid, by vertue of the judgment aforeſaid recovered, was and is ſatisfied, as by the relation and information of the ſaid William the Lord the King is informed and underſtands, And becauſe, &c. that by honeſt, &c. he ſhould make knowne to the ſaid I. C. that he ſhould be here at this day to wit, Men. Paſ. to ſhew if any thing, &c. Wherefore the Cow aforeſaid or the value of the ſame, or the ſaid 10 s, and 11 d. in Form aforeſaid recovered, Scire facias to have reſtitution ought not to be reſtored and repayd unto the ſaid William according to the Form and effect of the ſaid judgment in the ſaid Court of the ſaid Lord the King now in Form aforeſaid if, &c. And now here at this day came the ſame W. H. by R. S. his attorney and offered himſelfe the 4 th. day againſt the ſaid I. C. in the plea aforſaid and he being ſolemnly called came not and the ſheriff now retorneth that he hath nothing,Alias Sci. fac. awarded. &c. nor is to be found, &c. Therefore as before it was commanded the ſheriff that by honeſt men, &c. he ſhall make known to the ſaid I. C. that he be here in Cr. Trin. to ſhew in Form aforeſaid, &c.

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

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

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

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

ſſ THe ſheriff was commanded whereas R. C. and I. his wife in the Court of the King here had recovered againſt I. H, Sci: fac: againſt a Tenant by Elegit, and part of the monie levied, the Tenant againſt whom the execution was brings the reſidue, and a redelivery awarded. 68 s. for their damages which they had by occaſion of the detaining of the dower, of the ſame I. of the Tenements in N. of the indowment of I, Son of I. H. her late husband as by a certaine Jury of the country before the Juſtices of the King aſſigned to take the aſſize in the county aforeſaid, ſuch a day and yeare, at Wigo. thereof between them Summoned and taken, was convicted, and the ſame R, and I. came afterwards into the court of the Lord the King here, and choſe to be delivered to them all the goods & and Chattles of the ſaid I. H. beſides the Oxen and Cattles of the Plough and likewiſe the moyety of all his lands, and Tenements in his Bayliwick, to hold as their free Tenements to them and their aſſignes accor- to the Form of the ſtatute in ſuch caſe provided untill 68 s. for the damages aforeſaid ſhould be thereof levyed whereupon the King commanded them, that al the goods and chattles of the ſaid I. H., beſides his oxen Cattle of the Plough, and likewiſe the moyety of his lands and Tenements in your Bayliwick without delay you cauſe to be delivered to the ſame R. and C. by the reſonable price and extent to hold to them and their aſſignes as their Free Tenement in Forme aforeſaid untill 68 s. for their damages aforeſaid ſhould be thereof Levyed, and in what ſort,Elegit awarded Return of the Elegit. &c. ſhould be made Known here ſuch a day, &c. the ſame ſheriff to the juſtices of the King 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 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 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 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 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 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 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.

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.

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.

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 Nota And the ſame G as to the Damages aforeſaid, ſaith, That he cannot gainſay but the ſame T ought to have Execution againſt him for thoſe Damages, of the proper goods and chattells of the ſaid G. according to the recovery aforeſaid, therefore it is conſidered, that the ſaid T. have Execution againſt the ſaid G. of the Damages aforeſaid, of the proper goods and chattells of the ſame G. according to the Recovery aforeſaid, and as to the Debt aforeſaid, the ſaid G. ſaith, That the ſame T ought not to have Execution for that Debt, of the ſaid proper goods and chattells of the ſaid G by pretence of the Recovery and inquiſition aforeſaid, becauſe he ſaith, That he before the day of purchaſing the Originall writ of the ſaid T. fully adminiſtred all the goods and chattells which were of the ſaid W.B. at the time of his death, about the Funerall and payment of Debts of the ſaid W. and other neceſſary things, to be done and adminiſtred, by the ſame G as Executor of the Teſtament of the ſame W. and then, nor at any time afterwards, had not, nor yet hath, any goods or chattells which were of the ſaid W B in his hands to be adminiſtred, nor goods or chattells in the inquiſition aforeſaid above contained, or any of them, or any other goods which were of the ſaid W B at the time of his death, to his proper uſe converted, or otherwiſe waſted, and this he is ready to verifie, whereupon he prayeth judgement if the ſaid T execution againſt him for the Debt aforeſaid of the proper goods of the ſaid G. by pretence of the Recovery and Inquiſition aforeſaid, in Forme aforeſaid, ought to have, &c. And thereupon the plaintiff demurrs in law, and judgment for the Defendant, which judgement was afterwards reverſed in the Kings Bench by writ of Error.

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

Two Scire facias.

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

HIll. 33. Eliz. rot. 612. Between W and S. Scire facias againſt an Executor upon a ſurmiſe, that the Executor had waſted the goods of the Teſtator againſt which 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. againſt the ſaid S. by him in Form aforeſaid acknowledged, becauſe he ſaith that the ſaid E. after the judgment aforeſaid given, and before the day of purchaſing of the ſaid firſt writ of Scire Facias, hath not paid to the ſame I. the debt and damages aforeſaid, by the ſame I. againſt the ſaid E. in Form aforeſaid recovered, according to the Form of the Recognizance aforeſaid, As the ſaid S. hath above allowed, and this he prayeth may bee inquired of by the Country, And the ſaid S. likewiſe Therefore 12. &c.

Entry of a Sci. fac. againſt the Ter-tenants, upon a judgment in debt, after the death of the Obliger, and the judgment by default. Recitall of the recovery. PAſ. 38. Eliz, Rot. 1854. ſſ. Otherwiſe as it appeareth in the Term of S. Hillary An. 38, Eliz. Reg. Rot. 511. It is thus contained, Midd. ſſ, It is commanded the ſheriff whereas H. S. Eſquire lately in the court of the Lady the Queen now, to wit, in the Term of St. Michael An. regni ſui 30. and 31. before E, A. Knight and his aſſociates of the ſaid Lady the Queen of the Bench here at Weſtminſter, by the conſideration of the ſame Court had recovered againſt I. C, late of London Eſquire, aſwell a certaine debt of 19 l. as 7 l. which, &c. whereof he is convicted, as by the record and proceedings in the court of the Queen here remaining manifeſtly appeareth, Execution notwithſtanding of the judgment aforeſaid yet remayneth undon, And the ſaid I. C is dead, and dyed ſeiſed of divers Lands and Tenements in his Demeſne as of Fee, as by the information of the ſaid H. the Queen underſtandeth, and becauſe, &c. that by honeſt, &c. he ſhould make known to the Tenants of the lands and Tenements which were of the ſaid I. at the time of the judgment aforeſaid given,Suggeſtion of the death of the Defendant, and averment that he died ſeiſed of divers lands &c. Sci. fac. to the Ter-tenants. or at any time afterwards, That they ſhould be here at this day, to wit, in Oct. Pur. St. Mariae, to ſhew if any thing, &c. wherefore the ſaid H. ought to have execution againſt them of the debt and damages aforeſaid, of the lands, and Tenements afore ſaid, according to the Form of the recovery aforeſaid, and now here at this day came the ſame H. by F, B. his attorney and offered himſelf the 4th. day againſt the ſaid Tenants of the Lands and Tenements which were of the ſaid I. at the time oft he judgment aforeſaid given, or at anytime afterwards in the plea aforeſa d, and they being ſolemnly called came not, and the ſheriff now retorneth that there are no lands nor Tenements in his Bayliwick which were of the ſaid I. at the time of the judgment aforeſaid given,

The Sheriff returneth quod milli ſunt Tenements.

A Teſtat. ſci. fac. prayed. Corn Teſtat ſci. fac. awarded to the Ter-tennants in a foraign County

or any time afterwards, and here upon it is teſtified in the ſame court of the Queen here, that there are divers lands and Tenements in the county of C. which were of the ſaid I. at the time of the judgment aforeſaid given and afterwards, whereof he might make and levy the debt and damages aforeſaid, and prayeth a writ of the Lady the Queen to be directed to the ſheriff of Cornwall, to premoniſh the tenants of the lands and Tenements which were of the ſaid I. in Oct. S. Mich. An. 30. and 31. aboveſaid which day judgment was thereupon given or at any time afterwards in his Bayliwick that they be here 15. Paſ. to ſhew, &c. And now here at this day, to wit, the ſaid 15, Paſ. came the ſame H. by his attorney aforeſaid, and offered himſelf the 4th. day againſt the Tenants of the lands and Tenements which were of the ſaid I. at the time of the judgment aforeſaid given or at any time afterwards, in the 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 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.

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. 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 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. had ſufficient lands and tenements by hereditary diſcent from the ſaid I. his father in Fee-ſimple, whereof he might have ſatisfied the ſaid W S of the debt and damages aforeſaid, to wit, at C aforeſaid, and this he prayeth may be inquired of by the Country and the ſame C likewiſe Therefore 12, &c.

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

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

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

Sci: fac: brought againſt the adminiſtrator by the executor at his full age upon a judgment had againſt the inteſtate by the adminiſtrator, during the minority of the Infant.H 7. Jac. Rot 109. Brownlow. London ſſ. It was commanded the ſheriff whereas I B and H G adminiſtrators of the goods and chattles which were of I W during the minority of Margaret W executrix of the teſtament of the ſaid I W lately in the court of the Lady Eliz. late Queen of England, to wit, in Mich. term An. 27. and 28. before E A Knight and his aſſociats then juſtices of the ſaid Lady the Qu. of the Common Bench here, to wit, at Weſtminſter by the conſideration of the ſame Court had recovered againſt W D late, &c. otherwiſe called, &c. aſwell a certaine debt or 160 l. as 98 s. which, &c. whereof he is convicted as by the record and proceedings therein in the court of the Lord the King now here remayning manifeſtly appeareth, execution notwithding of the judgment aforeſaid yet reſteth to be done, and the ſaid W is dead,Averment of the full age of the executrix and the death of the Defendant. And the ſame Margaret after the judgment aforeſaid therein given is come to the full age of 21. yeares, and afterwards took to huſband one Tho. Knight as by the information of the ſaid T. and M executrix of the teſtament of the ſaid I W deceaſed, the King hath underſtood: And becauſe, &c. by honeſt, &c, they ſhould make knowne to W D and Margaret his wife Adminiſtratrix of the goods and Chattells which were of the ſaid W D who died inſtated, Sci: fac: awarded againſt the adminiſtratrix of the defendant. &c. at the time of his death, That they ſhould be here at this day, to wit, in Oct. Hill., to ſhew if, &c. wherefore the ſame Thomas and Margaret his wife execution againſt them of the debt and damages aforeſaid, of the goods and Chattles which were of the ſaid W D at the time of his death, being in the hands of the ſaid W and M his wife to be adminiſtred, ought not to have, &c. according to the Form of the recovery aforeſaid if, &c. and an al 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,

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 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 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 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 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.

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 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 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 the ſaid T. M. and all and every of theſe things the ſaid R. H. is ready to verifie, whereupon it ſhall not be intended, that the ſayd Hugh as ſon and heir of the ſaid Ioan ought to have Execution againſt him of the Mannor aforeſaid with the Appurteuances, and of the Advowſon of the Church of S. in this behalfe, &c. And as to the reſidue of the Tenements aforeſaid with the Appurtenances, and the ſayd Advowſon of the ſaid church of F. in the Fine aforeſaid contained, the ſaid R. Holt prayeth licence thereof to imparle, here untill in 8. Hill and hath it, &c. by the conſent of the ſaid Hugh, the ſame day is given to the ſaid Hugh here, &c.

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

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

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

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 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 〈1 page duplicate〉 〈1 page duplicate〉 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 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 utlawed, after wich ſaid utlawry againſt the ſame Thomas B. in Form aforeſaid publiſhed, remayneth reverſed or adnulled, and after the ſaid recovery of the preſentations aforeſaid in the ſaid writ of Scire facias ſpecified, to wit, the firſt day of December An. Rn. &c. 23. the ſame Gabriel being then Parſon of the Church of Somerby aforeſaid at Somerby aforeſaid on his owne accord reſigned the ſame Church into the hands of William then Bpp. of Lincoln ordinary of that place whereof the Church aforſaid was then void, By pretext whereof the right of the preſentation to the ſame Church being ſo void, by force of the utlawry aforeſaid, as is before ſaid, then being in his ſtrength, to the ſaid Lady the Queen belonged, the ſame Lady the Queen to the ſaid Church being ſo void, afterwards, to wit, the third day of December An. Regni ſui 9. by her letters Patents, which the ſaid Gabriel with the Great Seale of England Sealed, bringeth here into the Court whoſe date is at Weſtminſter, in the County of Midd. the ſame day and year, Preſented the ſame Gabriel her Clerk, and the ſame Gab. by vertue of the preſentation afterwards, to wit, the 5 day of December An. 29. aboveſaid was admitted and inſtituted in the ſame, and afterwards and before the day of the purchaſing of the ſaid Writ of Scire facias, to wit, the 16. day of December An. 29. aboveſaid the ſame Gabriel into the Church aforeſaid was inducted, by pretext whereof the ſaid Church was full and yet is of the ſame Gab. by the preſentation of the ſaid Lady the Queen, after which ſaid admiſſion inſtitution & induction of the ſaid Gabriel into the Church aforeſaid, to wit the 13. day of February An. Rn. 29. aboveſaid, the ſame Thomas Beverly proſecuted out of the ſame Court of Chancery aforeſaid at Weſtminſter aforeſaid, then being, a certain writ of the ſaid Lady the Qu. De Errore corrigendo, to her beloved and faithfull Edm. Anderſon Knight directed, By which ſaid writ the ſaid Lady the Queen now reciteth by the ſaid Writ that becauſe in the Record and Procedings and alſo in publiſhing the ſaid utlawry againſt the ſaid Thomas in the County of Lincoln aforeſaid publiſhed and before the ſame E. A. and his aſſociates then Juſtices of the ſaid Lady the Queen of the Bench, as is ſaid retorned manifeſt error hath intervened to the great Damage of the ſaid Thomas as by his complaint the Queen underſtood, the ſame Lady the Queen willing the error (if any be) in due manner to be corrected and to the ſame Thomas full and ſpeedy Juſtice may be don in this behalf, commanded the ſaid Edmond Anderſon that if the utlawry aforeſaid before the ſaid Edmond and his aſſociats aforeſaid in the bench aforeſaid be returned ſo it was ſaid, then the record and proceſſe of the utlawry aforeſaid with all things touching them to the ſaid Lady the Queen, under your Seale you diſtinctly and plainly ſend, and that Writ ſo that we may have them a die Paſ. in tres Sept. then next following whereſoever we ſhall be in England that viewing the Record and proceedings aforeſaid, we have cauſe further to be don thereupon for correcting the ſaid Error that of right and according to the Law and cuſtom of the Lady the Queen of E. ought to be done, by vertue of which writ de err. corig. the ſame E. A. the record and proceedings aforeſaid, whereof mention is made in the ſaid writ of Error,Certificat of the utlawry upon the writ of Error. to the ſaid Lady the Qu at W. aforeſaid at the ſaid tr. Sep. Paſ. under his ſeal ſent according to the form and effect of the ſaid writ, the Tenor of which Record and proceedings follow in theſe words, Pleas at W. before E. A. Kr. and his aſſociats Juſtices of the ſaid Lady the Qu. of the Bench of E Term An. of the reign of El. by the grace of God, &c. 28. rot 1209. Lincoln ſſ. Charles Bawdes Eſquire by his attorney offered himſelf the 4. day againſt Thomas Baverley, &c, of A plea wherefore with force and armes, &c. And he came not, &c. therefore the ſheriff was commanded that he attach him, &c. and the ſheriff now returneth that he hath nothing, &c. therefore let him be taken that he may be here (Tli. die) At which day there came the ſaid Charles by his attorney, and offered himſelf the 4. day againſt the ſaid Thomas in the plea aforeſaid, and he cannot, And the ſheriff was commanded that he ſhould take him, &c. and the ſheriff now returneth that he is not found, &c. Therefore as before let him be taken that he be here Tli, die ſſ. Pleas at Weſtminſter before, &c. and recite the entry of the Plu. Capias, and the pleas at Weſtminſter, &c. And recite the entry of the Exigi. Fac. At which day the ſheriff returned that his county held at Lowth in the county aforeſaid the 24. day of Oct. An, Regni Eliz. now &c. 28. The ſame Thomas Beverly was the 5. time called and appeared not, And that ſo at the 4. Countys next preceding the ſame Thomas was likewiſe called and appeared not, and becauſe he appeared not, at any of the aforeſaid Countyes, therefore he is utlawed, & afterwards, to wit, on Thurſday next after tres Sept. S. Mich. then next following before the ſaid Lady the Queen at Weſtminſter came the ſame Thomas B in his proper perſon and rendred himſelf priſoner to the Marſhall of the Marſhallſey of the ſaid Lady the Queen before the ſame Queen by occaſion of the utlawly aforeſaid, who was committed to the Marſhall, &c.Error aſſigned. And preſently ſaid that in the record and proceedings aforeſaid, and alſo in publiſhing of the outlawry aforeſaid, it was manifeſtly erred in this, that within the county of Lincoln aforeſaid were, and at the day of purchaſing of the originall Writ aforeſaid, and alſo from the time wherof the memory of man is not to the contrary, there were two Townes, one called Humby the great, the other Humby the leſſer, and neither Towne was named or called Humby alone without addition, and this he was ready to veryfie whereupon he then prayeth judgment and that the utlawry aforeſaid for the ſaid Error, and &c. others in the Record & proceedings aforeſaid being, might be revoked, adnulled, & taken altogether for nothing. And he to the common Law of the Realm of the Lady the Queen of England, and alſo to all things which he had loſt by the occaſion of the utlawry aforeſaid might be reſtored, &c. And then the ſaid T. B. prayed a writ of the ſaid Lady the Queen to premoniſh the ſaid Charles of being before the ſaid Lady the Queen to hear the record and proceedings aforeſaid and it was granted him,Scire facias. &c. Whereupon it was commanded the ſheriff that by honeſt, &c. he ſhould make knowne to the ſaid Charles that he ſhould be before the ſaid Lady the Queen in Oct. S. Marti. then next following whereſoever, &c. to hear the record and proceedings if, &c. and further, &c. the ſame day then given to T. B. &c. And hereupon then came W, K. of, &c. Gent. S. T. of the pariſh, &c. Gent. I D of London Yoeman and L. R &c. and undertook for the ſame Iohn Beverly to have the body of the ſame Thomas before the ſaid Lady the Queen at the ſame Term, The plaintiff bayled, corpus pro corpore. and ſo from that day untill &c. every of the ſaid Manucaptors body for body, &c. at which ſaid Oct. Martini before the ſaid Lady the Queen at Weſtminſter aforeſaid came the ſaid Thomas B. in his proper perſon and the ſheriff of the ſaid county of Lincoln then returned there, that by vertue of the ſaid writ to him directed, by G. S. and R. B. honeſt, &c. he had made knowne to the ſaid Charles, B. of being before the ſaid Lady the Queene at the day and place in the ſame Writ contained, to hear the record and proceedings aforeſaid if, &c. according to the exigency of that writ which the ſaid C. B. the 4. day of the plea being ſolemnly called by S. W. his attorney came, whereupon the ſaid Thomas as before then ſaid that in the record & proceedings aforeſaid and alſo in the publiſhing of the utlawry aforeſaid it was manifeſtly Erred, alledging the Error aforeſaid, by him in form aforeſaid alledged, and prayeth that the utlawry aforeſaid for that error and others in the record and proceedings aforeſaid found, might be revoked adnulled and altogether taken for nothing. And that he to the Common Law of the Realme of the Lady the Queen of England, and alſo to all things that he by occaſion of the utlawry aforeſaid had loſt might be reſtored, and that the ſaid Charles might rejoyne to the ſaid Error, And the ſame C. prayeth licence therein to imparl and it was granted him, &c. & here upon day therein was given to the parties, aforeſaid before the Lady the Queen here untill in 8. S. Hill. then next following whereſoever, &c. to wit, the ſaid Charles Baudes of ſpeaking to the ſaid Error, and then to rejoyne to that Error, at which ſaid Oct. S. Hill. before the ſaid Lady the Qu. at Weſtminſter came aſwell the ſaid T. B. in his proper perſon as the ſame Ch. by his attorney aforeſaid. And the ſame C. then ſaid that the utlawry aforeſaid ought not to be revoked, becauſe he ſaid that within the County of Lincoln aforeſaid was, and at the ſame tine of the purchaſing of the originall writ aforeſaid, and alſo from the time whereof the memory of man is not to the contrary, there is one Towne called and known, aſwell by the name of Humby alone, as by the name of Humby the great, & this he was ready to verifie, whereupon he prayeth judgment and that the judgment aforeſaid in all things might be confirmed, And the ſaid Thomas Beverly as beforeſaid, That within the ſaid County of Lincolne were and at the ſame time of purchaſing of the originall writ, and alſo for the time whereof the memory of man is not to the contrary were two Towns the one called H. the great, the other called H. the leſſer, without this that within the county of Lincoln aforeſaid was and at the ſame time of purchaſing, &c. was one Towne called and known by the name of H. only,Travers. as by the name of H. the great in manner and Form as the ſaid C. B. above in pleading had alleadged and this he was ready to verifie, whereupon as before he prayed that the utlawry aforeſaid might be revoked, adnulled, and altogether taken for nothing, And that he to the common Law of the Realm of the Lady the Queen of England, and to all things which he by occaſion of the utlawry aforeſaid had loſt might be reſtored, &c. And the ſame Charles as before, ſaid, that within the county of Lincoln aforeſaid there was and at the ſame time of purchaſing of the originall writ aforeſaid, was one Towne called and knowne aſwell by the name of Hu. only, as by the name of Humbly the greater, in manner and Forme as the ſaid Charles had above alledged, and of this he put himſelf upon the Country, and the ſaid Thomas likewiſe therefore it was then commanded the ſheriff of the ſaid County of Lincoln that he ſhould cauſe to come before the Lady the Queene in Oct. Pur. 12. of the body of the County of Lincoln by whom, &c. And recite the Poſtea, who ſay upon their oath that within the county of Lincoln aforeſaid, there is not, nor at the within written time of purchaſing of the ſaid originall writ within writien was there a Towne called and knowne aſwell by the name of Humby only, as by the name of Humby the great, as the ſame Thomas B. hath within alledged, whereby it was then conſidered in the ſame Court there, that the utlawry aforeſaid ſhould be revoked adnulled and altogether taken for nothing and the ſame Thomas B. to the common Law of this Realm of England and to all things that he by occaſion of the utlawry aforeſaid had loſt ſhould be reſtored, &c. And this he is ready to verifie whereupon he prayeth judgment, and that the ſaid Thomas Beveley may be barred from having execution againſt him of the judgment aforeſaid, &c. Judgment was given againſt the Queen. quaere.

T 11. Jac. rot. 707. Brownlow, ſſ. Otherwiſe as it appeareth,A Scire 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 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 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, which to the ſame Ed. in the ſame Court were adjudged for his damages which he had by occaſion of the detayning of that debt whereof he is convicted. And the ſame Edward afterwards came into the Court of the Lord the King now here, and by the ſtatute in ſuch caſe provided choſe to be delivered to him all the goods and chattles of the ſaid T. beſides his Oxen & other neceſſaries for the plough, & likewiſe the moyety of all his lands and Tenements in the County of Staff. to hold as his Free Tenements to him and his aſſignes, according to the ſtatute aforeſaid untill he had levyed the debt and Damages thereupon, whereupon the King by his writ commanded the ſheriff of Staff. that all the goods and chattles of the ſame T. beſides his Oxen and neceſſaries of his Plough, and likewiſe all his lands and Tenements in the County of Staff. whereof the ſame T. in Cr. Anim. An. of the Reigne of the late Queen 39. or at any times afterwards was ſeiſed or poſſeſſed, without delay he ſhould cauſe to be delivered to the ſaid Edward, by a reſonable price and extent, to hold to him the goods and Chattles aforeſaid as his proper goods and Chattles, And alſo to hold the moyety aforeſaid as his Free Tenement to him & his aſſignes, according to the Form of the ſtatute aforeſaid, untill he had levied the debt & Damages aforeſaid thereupon, and in aſmuch, &c. the ſheriff ſhould make to appeare here in Craſt. Anim. An. Regni Rs. nunc 9, and the ſame ſheriff here then returned that he by vertue of the writ aforeſaid to him directed had take a certain Inquiſition before him at Stafford in the ſame County of Staff. the 22. day of October laſt paſt by the Oath of 12. &c. by which it was found, that the ſame T. after the Judgment in the ſame Writ ſpecified given, to wit, the 20, day of November, before the taking of the inquiſition aforeſaid was ſeiſed, in his Demeſne of Fee, of and in the Mannor of W. Coney with its Rights members and appurtenances in the ſaid County of Saff. of the yearly rent in all iſſues beſides reprizes 40 s. and recite the return of the inquiſition word for word, untill in all iſſues beſides reprizes 20 s. And further by the Inquiſition aforeſaid it is found that the ſame T. C. at the time of giving of the judgment in the Writ aforeſaid ſpecified, or at any time afterwards untill the ſame day of taking of the inquiſition aforeſaid, had no other or more land or Tenements, nor any goods or Chattels in the ſame County of Stafford to the knowledge of the Jury of the Inquiſition aforeſaid, & further the ſame ſheriff then & there returned that he by vertue of the Writ aforeſaid, the moyety of the Mannor and Tenements aforeſaid above mentioned to be extended, to the ſame Edw. B. according to the exegency of that writ he could not cauſe to be delivered for that the Mannor aforeſaid and all other the premiſſes with the appurtenances, by vertue of an other writ of Extent and Liberi fac to him before therein directed the eight day of January laſt paſt to one H P. made to be delivered, All and ſingular which premiſſes with the appurtenance in the hands of the ſame H. yet are and remaine by occaſion thereof. And as to any further execution of the ſaid writ nothing by the ſaid ſheriff was further acted therein, As by the Record thereof in the Court here remayning manifeſtly appeareth, & although after the taking of the Inquiſition aforeſaid the 8. day of November An: Regni of the ſaid Lord the King now of England the 9, th. aboveſaid, it is ſatisfied to the ſaid Humphery by the ſaid T. Coney of his debt and Damages in the ſaid other Writ ſpecified, And although alſo the ſaid Edward be not yet ſatisfied of his Debt and Damages aforeſaid, Notwithſtanding the ſame Humphery yet keepeth poſſeſſion of the lands and Tenements aforeſaid with the appurtenances,Generall avermant of 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. 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 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 Damages, coſts and reaſonable and necaſſary charges it hath been ſatisfied, poſſeſſion of the Mannor and the Tenements aforeſaid with the appurtenances he ought or can hold, At which day here came the ſame T. by Iohn Maior his attorney and offered himſelf the 4th. day againſt the ſaid George in the plea aforeſaid and he being ſolemnly called, by Thomas Bennet appeared, and the ſheriff, to wit, Thomas Huchiſon Knight, now retorneth that he by vertue of the Writ aforeſaid to him directed by George Weſt and G. Mercer honeſt, &c. of his bayliwick make known to the ſaid George that he ſhould be before the Juſtices of the Lord the King at the ſame Term. And hereupon the ſame George by his attorney aforeſaid prayeth licence therein to imparle here untill in 8. S. Mich. And hath it, &c. The ſame day is given to the ſaid Thomas here, &c.

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

TRin. 2. H. 6. rot. 131. Eſſex ſſ. It was commanded the Sheriff,

Entry of a Scire fac. againſt the Sheriff for taking inſufficient pledges in a Replegiare in Com.

2 H. 6. fol. 15. pl. 15. This caſe reported agreeing with this Record. Fitzherbert proceſſe 72. 9 H. 6. 42. Booke of entries, 564. 570 571. 15 E. 4. fol. 19. by Callow Detinue • 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 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 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 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, 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 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 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 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 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 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.

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 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, 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 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.

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 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, 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 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.

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 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 honeſt, &c you make knowne to the ſaid Richard that he be here, &c. retornable Oct. Hill. Teſt. 30. Oct. An. 21. &c. Scot. 47.

H 20. Jac. in Mr. Brownlowes remembrance litera B. ſſ.Entry of a Sci fac. after a Sci. fac. againſt Ter-Tenants. - Whereas wee have lately by our writ, we have commanded the ſheriffs of London that by honeſt, and Lawfull men of their Bayliwick they ſhould make knowne to the Tenants of the lands and Tenements which were of F. C. late of W. &c. otherwiſe called, &c. in Fee-ſimple from the day of S. Martin. &c. An. 42. Eliz. Regin. which day E. G. in the Court of the ſaid late Lady the Queen of the Common Bench at Weſtminſter before E. A. &c. by the conſideration of the ſame court had recovered againſt the ſaid F aſwell a certaine debt of 24 l. as 6 l. which to the ſame Edmond in the ſame Court were adjudged, &c. whereof he is convicted, or at any time afterwards in their bayliwick that they ſhould be before our Juſtices at Weſtminſter in Oct. Pur. S. Mariae laſt paſt to ſhew if they had or knew any thing for themſelves to ſay wherefore the Debt and Damages aforeſaid, of the lands and tenements which were of the ſaid F at the time of the judgment aforeſaid given or at any time afterwards in the ſeiſin of the ſame Tenants in your Bayliwick ought not to be made and rendred to the ſaid Edmond according to the Forme of the recovery aforeſaid if it ſhall ſeeme expedient to them, and our ſheriffs of London to our ſaid Juſtices at Weſtminſter at that day retorned that there were not any Tenants of any of the lands or Tenements which were of the ſaid Francis at the time of the judgment aforeſaid given or at any time afterwards who had any thing where or by which they could make knowne to them whereupon it was teſtified in our ſaid Court on the behalfe of the ſaid Edmond that there are divers Tenants of divers lands and Tenements which were of the ſaid F▪ at the time of the judgment aforeſaid given in the County of Suff. to whom the ſame ſheriff may make knowne.Good preſident. Therefore it was commanded to the ſame ſheriff of Suff. that by honeſt and lawfull men of his bayliwick he ſhould make knowne to the Tenants of the Lands and Tenements which were of the ſaid F. R. in Fee-ſimple at the ſaid 15. S. Martin. An. 42. aboveſaid that they ſhould be before our Juſtices at Weſtminſter 15. Paſ. laſt paſt to ſhew if they had or knew any thing for themſelves to ſay wherefore the debt and Damages aforeſaid ought not to be made of the Lands and Tenements and rendred to the ſame E. in Form aforeſaid, And our ſaid ſheriff of Suff. to wit, W. H. Eſq. to our ſaid Juſtices at Westminſter, at that day renorned that he by P. K. and L. S. honeſt and lawfull men of his bayliwick made knowne to certaine F. B. Eſq. Tenant of the mannor of P. with the appurtenances in W. in the ſame County of Suff. And to R. L. Gent. Tenant of the rectory of the Church of L. in the County of S. which were of the ſaid F. B. Eſq. at the time of the judgment aforeſaid given of being before our ſaid Juſtices at Weſtm. at that day to anſwer in Form aforeſaid, &c. and that there are no other Tenants of the lands and Tenements which were of the ſaid F. B. in his Bayliwick to whom he could make knowne, and the ſame F. B. and R. at the ſame 15. Paſ. in our ſaid Court appearing ſaid that the ſame E. Execution againſt the ſaid F. B. of the Mannor aforeſaid with the appurtenances and againſt the ſame Richard of the Rectory aforeſaid with the appurtenances ought not to have, becauſe they ſay that before the writ of Scire ſac. to the ſheriff of Suff. directed, to wit, ſuch a day and yeare one Thomas B Gent. was Tenant as of his Free Tenement of the mannor of E otherwiſe E. Court with the appurtenances in the County aforeſaid of which ſaid mannor with the appurtenances the ſame Francis Burnall at the ſame 15. Martin An. 42. aboveſaid, which day the judgment aforeſaid was given was ſeiſed in his 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 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.