AN
EXACT
Booke
of
the
most
select
Judiciall
WRITS
Used
in
the
Common
LAW
.
Abatement
.
HILL
.
39.
Eliz.
Rot.
506.
ss.
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
:
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
:
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
,
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
.
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
.
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
,
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
,
P.
11.
Iac.
Rot.
2215
ss.
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
,
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
,
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
;
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
.
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.
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
.
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.
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
,
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
,
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
.
Attachment
.
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
.
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
,
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
.
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
,
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
:
William
K.
Baronet
in
mercy
,
&c.
and
he
is
fined
by
the
Justices
here
at
forty
shillings
;
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
,
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.
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
,
SVff
.
ss.
Hil
41.
Eliz.
Rot.
2118.
ss.
It
was
commanded
the
Sheriff
,
that
of
the
goods
and
Chattells
which
were
of
R.
S.
of
,
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
,
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
,
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
,
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
,
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
,
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
,
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
,
Francis
N
prayeth
a
Writ
of
the
said
Lord
the
King
to
be
directed
to
the
sherifs
of
London
,
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
,
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
awarded
P
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.
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
,
Octab.
S.
Michaelis
,
&c.
T.
5
Eliz.
rot.
373.
Monmouth
ss
.
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
.
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
,
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.
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
,
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
,
Commitment
.
P
23
,
H.
7.
rot.
284.
James
Hobert
who
followeth
for
the
Lady
the
Queene
came
here
in
Court
the
10.
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.
Vavasor
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.
Vava
.
&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
Vavasor
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.
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.
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
,
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
:
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
,
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
,
W.
Y.
caused
the
same
Writ
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
,
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.
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
,
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
,
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
,
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
,
Warden
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
Warden
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.
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.
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.
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
Wellis
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
,
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
.
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.
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
,
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
,
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.
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
,
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
.
Prudence
Moyle
to
hold
the
same
P.
as
her
Free
Tenement
to
her
and
her
assignes
according
to
the
Forme
of
the
statute
aforesaid
,
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
,
M
20.
Iac.
Rot
3371
,
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
,
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
,
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
.
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.
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.
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
,
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
,
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
.
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
,
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
,
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
,
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
W.
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
.
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
.
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
.
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
War.
that
of
the
Lands
and
Chattells
of
the
sayd
I.
in
the
Bayliwick
of
the
same
Sheriff
,
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.
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
which
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
,
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.
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
,
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.
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
,
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.
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
Vernon
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
Vtlagat
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.
Vernon
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
,
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
.
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
which
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.
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
which
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
,
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
,
Hab:
corp
:
upon
priviledge
with
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
,
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
,
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
,
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
,
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
,
Vpona
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.
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
.
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
,
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.
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.
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
Writ
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
.
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
,
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
,
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
,
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.
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
,
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
,
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
,
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.
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.
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
.
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
,
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
Westminster
,
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
,
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
.
Mittimus
.
T
3.
Jac.
rot.
24
10.
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
Writ
,
&c.
Note
,
H
17
Eliz
rot.
939.
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
.
Nvsance
.
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
,
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.
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
.
Cepi
Corpus
and
is
committed
to
the
Fleet
,
And
then
he
pleads
the
pardon
and
the
satisfaction
,
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.
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
,
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
,
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.
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.
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
,
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.
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
Westminster
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
,
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
,
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
,
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
,
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
,
de
Com.
adjorna
mento
,
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
Westminster
aforesaid
unto
the
Castle
of
the
said
Lady
the
Queen
of
Hertford
,
Octab.
Sancti
Tri.
then
next
following
,
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
.
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
,
And
now
here
at
this
day
,
to
wit
8
Mich.
came
as
well
the
said
M
as
the
said
E
and
W.
by
their
Attornyes
aforesaid
,
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
,
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
,
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
.
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
.
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.
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.
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
,
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.
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
W.
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
W.
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.
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
,
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.
M
8.
H.
4.
Rot.
114.
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
.
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
,
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
,
Quare
Impedit
.
H
12.
H.
7.
Rot.
315.
Mordent
.
Leic.
ss.
Tho.
and
Eliz.
his
wife
,
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.
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
.
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.
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
,
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
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
,
tres
Pas
.
next
to
come
to
heare
their
judgment
thereof
,
&c.
therefore
,
&c.
AFterwards
to
wit
in
Oct.
Mich.
next
following
,
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.
An.
Reg.
nunc
3.
came
into
the
court
of
the
Lord
the
King
before
his
Justices
,
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
,
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.
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.
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
,
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.
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
,
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
,
W
B
of
S.
in
the
County
of
Dorset
,
Gent.
and
W
B.
of
,
&c.
And
hereupon
the
said
Peter
prayeth
that
the
said
I.
W.
Attorny
for
the
said
T.
P.
may
gage
deliverance
of
the
cattell
aforesaid
taken
in
Withernam
,
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
,
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.
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
,
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
,
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
,
Cr.
Tri.
and
have
it
,
&c.
The
same
day
is
given
to
the
same
David
here
,
&c.
PAsch.
9.
Jac.
Roll
349.
Walter
,
Devon
.
ss.
It
was
commanded
the
sheriff
because
in
the
record
and
proceedings
,
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
,
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.
LOndon
ss.
Pasch
.
11.
Jac.
Rot.
620.
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
,
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
,
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
,
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
,
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
,
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.
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
,
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
,
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
,
THe
Jury
say
upon
their
oath
,
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
,
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
,
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
,
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
,
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
,
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
,
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
,
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
,
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
,
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
,
E.
E.
to
wit
such
a
day
and
year
,
at
London
in
the
said
parish
of
Saint
Lawrence
,
in
the
Old
Jury
,
London
,
ANd
the
said
E.
saith
,
That
he
by
any
thing
before
alledged
,
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
,
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
,
T.
M
at
the
time
of
his
death
,
in
the
hands
of
the
said
A
to
be
administred
,
&c.
Brownlow
.
Note
and
study
the
diversity
,
19
H
6
19
tr
.
Record
24.
Continuance
of
●ul
.
tiel
.
record
NOte
,
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.
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
,
&c.
Quaere
if
such
a
Writ
be
usuall
,
See
Petifers
case
,
Coke
5
fol.
32.
That
such
writ
,
Est
male
.
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
,
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
,
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
a-against
him
for
the
said
50
l.
in
the
Form
aforesaid
acknowledged
,
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.
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.
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
,
&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
,
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
,
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
,
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
,
&c.
Pet.
tit
.
entry
of
a
Nihil
dic
.
hereupon
,
Mich
34.
Eli.
Rot.
1813.
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
,
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
,
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
,
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.
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
,
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.
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
,
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
,
ANd
the
said
W
S
saith
that
by
any
thing
before
alledged
,
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.
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
,
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
,
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
,
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
,
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
,
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
,
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.
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
,
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.
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
,
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
,
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
,
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
severally
against
the
Manucaptors
by
default
,
&c.
Entry
of
an
alia
,
Sci
:
fac
:
where
the
first
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
W
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
Ter-tenant
.
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.
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.
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
,
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
,
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.
Mordant
.
Devon
.
ss.
Roger
Viell
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
W
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
Westm
.
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
,
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
Westminster
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.
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
,
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
,
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.
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
,
T
31.
H.
6.
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.
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
,
P
27
Edw.
1.
rot.
127
,
ss.
A
Scire
facias
for
the
Tenant
against
the
Vouchee
to
shew
if
any
thing
,
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
,
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.
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
,
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
,
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
,
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
,
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.
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
William
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
,
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.
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
Westminster
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
the
Queen
he
should
make
appeare
to
the
Justices
of
the
Lady
the
Qu.
here
,
to
wit
,
at
Westminster
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.
Jac.
rot.
656.
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
William
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
,
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
,
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.
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
time
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
,
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
,
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
,
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
,
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
,
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.
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
,
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.
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.
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
,
Margaret
,
Richard
and
Mary
by
the
same
N.
C.
their
Attorney
,
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
,
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
,
I.
A.
in
the
name
of
the
Returne
of
the
Cattell
aforesaid
,
ought
not
to
render
according
to
the
Forme
of
the
statute
aforesaid
,
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.
in
t
.
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
,
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
V.
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
Vin.
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
Vincent
are
dead
As
by
the
information
of
I.
A.
and
Sarah
his
wife
administratrix
of
the
●●●ds
and
Chattells
which
were
of
the
said
Vincent
by
Joan
Norrington
●●te
Executrix
of
the
Testament
of
the
said
Vincent
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
,
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.
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
Vincent
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.
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
,
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
,
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
,
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
,
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
,
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
,
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.
in
t
.
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.
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
,
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
,
P
21.
Iac.
rot.
1816.
Brownlow
.
Norff.
ss
.
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
stranger
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
,
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
,
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
,
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
,
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
,
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
,
Iohn
Davis
is
dismissed
by
the
bayle
aforesaid
,
&c.
P
12.
Iac.
Rot.
448.
Walter
Tarne
of
New
Castell
upon
Tyne
ss.
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
,
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.
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.
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
.
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.
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.
Seisin
.
H
21.
I.
rot.
2988.
Brownlow
Oxon
ss
.
P
,
3
:
6
:
Eliz:
rot.
1559.
the
like
form
of
entry
in
dower
.
It
was
commanded
the
sheriff
whereas
Briget
Countis
of
Barkes
widow
who
was
the
wife
of
Francis
late
Earle
of
Barkes
lately
in
the
court
of
the
Lord
the
King
now
here
,
to
wit
,
at
Westminster
by
the
consideration
of
the
same
court
and
recovered
her
seisin
against
Fr.
R.
otherwise
N.
of
the
third
part
of
the
hundred
of
Do.
with
the
appur
.
&
of
the
M.
of
D
&
W.
upon
the
greene
with
the
appurtenances
and
of
200.
Messuages
,
2.
Mils
,
3.
Dovehouses
,
&c.
with
the
appurtenances
in
D
,
and
W.
and
also
the
third
part
of
the
Rectory
of
Weston
upon
the
green
and
the
Advowson
of
the
Vicaridg
of
Weston
upon
the
green
with
the
appurtenances
as
her
Dower
of
the
indowment
of
the
said
late
Earle
her
late
husbend
by
writ
of
the
said
Lord
the
King
de
dote
unde
nichil
habet
.
for
default
of
the
same
Francis
R.
otherwise
N.
that
to
the
same
Countesse
full
seisin
of
the
third
part
aforesaid
with
the
appurtenances
to
hold
to
her
in
severalty
by
meets
and
bounds
without
delay
he
should
cause●
to
be
had
,
and
asmuch
,
Cr.
Pur.
beat
.
Mariae
,
&c.
and
now
here
at
this
day
came
the
same
Countesse
by
Rob.
Tomblinson
her
attorney
,
and
the
sheriff
,
to
wit
,
William
C.
Knight
now
doth
return
that
he
by
vertue
of
the
the
writ
aforesaid
to
him
directed
the
15.
day
of
December
last
past
caused
to
be
had
to
the
said
Countesse
full
seisin
of
the
third
part
of
the
hundred
,
Mannors
,
Tenements
,
I.G.W.
H.
&c.
or
of
their
Assignes
,
with
all
Lands
,
Tenements
,
Cottages
,
Meadowes
,
Pastures
,
Commons
,
Rents
,
Services
,
and
Hereditaments
whatsoever
to
the
same
belonging
or
appertaining
,
I.
A.
W.
H.
&c.
or
their
Assigns
,
as
out
of
all
&
singular
other
the
Lands
and
Tenements
whatsoever
above
named
,
and
to
the
Rectory
of
Weston
aforesaid
belonging
or
appertaining
,
Cow-lease
,
&c.
And
also
the
Advowson
of
the
vicaridge
of
the
Church
of
Weston
aforesaid
,
to
hold
to
the
said
Countesse
and
her
assignes
in
severalty
by
metes
and
bounds
,
in
the
name
of
her
whole
Dower
,
to
her
out
of
the
Hundred
,
Mannor
,
Tenements
,
Rectory
.
and
Advowson
aforesaid
,
after
the
death
of
the
sayd
Francis
,
late
Earl
of
Berks
,
her
late
Husbandhapning
,
as
by
the
sayd
Writ
to
him
it
was
commanded
,
&c.
The
like
assignment
of
Dower
between
the
same
parties
upon
the
same
Roll.
Summons
.
ss.
JUry
of
twenty
four
Knights
of
the
Neighbour
hood
of
T.
ven.
recogn
.
if
the
Jury
by
whom
a
certain
inquisition
was
lately
summoned
,
in
the
Court
of
the
Lady
the
Queen
,
R.
C.
Knight
,
Cheif
Iustice
of
the
Lady
the
Queen
assigned
to
hold
pleas
before
the
said
Queen
,
and
G.
G.
Esquire
,
Attorney
Generall
of
the
said
Lady
the
Queen
,
Justices
of
the
said
Lady
the
Queen
,
assigned
to
take
the
Assizes
in
the
County
aforesaid
,
by
writ
of
the
said
Lady
the
Queen
of
Nisi
prius
,
by
Form
of
the
statute
,
&c.
at
Stonystratford
in
the
County
aforesaid
taken
,
between
R
M.
Gent.
plaintiff
,
and
I.Y.
of
T.
&c.
and
R.
W.
of
T.
&c.
of
a
certain
Trespasse
to
the
same
R.
by
the
said
I.
and
R.
done
,
as
it
was
said
,
made
a
false
oath
,
as
the
same
R.
greivously
complaining
hath
shewed
to
the
said
Lady
the
Queen
,
or
not
,
And
now
here
at
this
day
,
to
wit
,
in
Octab
.
sancti
Hillarii
,
came
the
same
R.
M.
by
T.
his
Attorney
,
and
the
said
I.
Y.
and
R.W.
summoned
,
&c.
4
Die
pl.
being
solemnly
called
came
not
,
and
of
them
the
sheriff
now
returned
that
he
summoned
,
R
W.
be
resummoned
,
that
they
be
here
15.
Pas
.
to
hear
the
sayd
Iury
of
twenty
four
Knights
,
and
also
J.
Jugram
,
I.
S.
I.
S.
&c.
twelve
Iurors
of
the
first
Inquisition
aforesaid
,
being
called
came
not
,
and
of
them
the
sheriff
now
returneth
,
that
every
one
of
them
is
severally
attached
by
pledges
,
J
Denn
and
R
Fenn
,
P
8.
Jac.
rot.
1938.
Brownlow
Lincoln
ss
.
W.
vid.
Recogn
.
si
.
Jur.
by
whom
a
certain
inquisition
was
lately
summoned
before
the
Lord
the
King
at
Westminster
,
by
Bill
without
the
writ
of
the
said
Lord
the
King
,
between
Henry
Earl
of
Lincolne
one
of
the
Peeres
,
&c.
of
England
,
and
Ed.
Dymock
Knight
,
of
certain
Trespasses
and
contempts
against
the
Forme
of
the
statute
,
De
scandalis
magnat
,
therein
lately
made
and
provided
,
and
afterwards
,
before
the
beloved
and
faithfull
Peter
Warburton
Knight
,
one
of
the
Iustices
of
the
Lord
the
King
of
the
Common
Bench
,
and
Thomas
Foster
Knight
,
one
of
the
Justices
of
the
said
Lord
the
King
of
the
same
Bench
,
Iustices
of
the
said
Lord
the
King
assigned
,
to
take
the
Assizes
in
the
County
aforesaid
,
by
writ
of
the
said
Lord
the
King
,
De
nisi
prius
,
by
Forme
of
the
statute
therein
made
and
provided
,
P
4.
Eliz
rot.
532.
Cerciorare
to
certifie
a
retorn
,
whereupon
an
attaint
is
brought
.
The
grand
jury
,
the
Defendant
and
the
petit
Jury
make
default
.
Quaere
the
sheriff
returns
not
the
writ
.
Resummons
awarded
against
the
grand
Jury
parties
,
and
petit
Iury.
at
the
Castle
of
Lincolne
in
the
County
aforesaid
taken
,
made
a
false
Oath
,
as
the
said
Earl
to
the
said
Lord
the
King
now
greiviously
complaining
sheweth
or
not
,
And
now
here
at
this
day
,
to
wit
,
Tres
Sept.
Pasch
.
here
came
the
sayd
Earle
by
his
Attorney
aforesaid
,
and
as
well
the
Iurors
of
the
Iury
of
twenty
four
Knights
aforesaid
,
as
the
same
E.
D.
and
also
Lawrence
Coddington
of
C.
with
eleven
other
Iurors
,
of
the
first
inquisition
aforesaid
,
being
solemnly
called
came
not
,
therefore
let
the
same
jurors
of
the
jury
of
twenty
four
Knights
be
resummoned
that
they
be
here
in
Octab.
Sancti
Trinitatis
to
make
the
jury
of
twenty
four
Knights
,
and
that
jury
of
twenty
four
Knights
is
respited
here
untill
that
Terme
,
and
as
well
the
said
E
as
the
said
jurors
of
the
first
inquisition
aforesaid
,
are
resummoned
,
that
they
may
be
here
at
the
same
time
,
to
hear
the
said
Iury
of
twenty
four
Knights
,
the
same
day
is
given
to
the
said
Earle
here
,
&c.
At
which
day
here
came
the
said
Earle
by
his
Attorney
aforesaid
,
and
the
sheriff
did
nothing
therein
,
nor
sent
the
writ
thereof
,
therefore
as
before
let
another
writ
thereof
be
made
returnable
here
15.
Michaelis
,
the
same
day
is
given
to
the
said
Earl
here
,
&c.
At
which
day
here
came
the
said
Earle
by
his
Attorney
aforesaid
,
and
as
well
the
sayd
Edward
as
the
said
twelve
jurors
of
the
first
inquisition
aforesaid
resummoned
,
Die
pl.
being
called
came
not
,
&c.
and
also
the
jury
of
twenty
four
Knights
aforesaid
,
likewise
being
called
came
not
,
therefore
that
jury
of
twenty
four
Knights
is
respited
here
untill
Cr.
sancti
Martini
and
the
sheriff
is
commanded
,
that
he
distrain
as
well
the
sayd
jury
of
twenty
foure
Knights
that
they
be
then
here
to
make
the
jury
of
twenty
foure
Knights
aforesaid
,
A
Distring
:
awarded
.
See
the
like
between
the
parties
aforesaid
.
M
,
9
Iac:
rot.
3127.
Br.
as
the
same
Edward
,
as
the
same
Iury
of
twelve
jurors
of
the
first
inquisition
aforesaid
,
that
they
be
here
at
the
same
time
,
Auditur
Recognitionem
illam
,
&c.
the
same
day
is
given
to
the
said
Earle
here
,
&c.
and
it
is
to
be
known
that
a
writ
thereof
,
the
Iustices
here
in
Court
that
same
Terme
have
delivered
a
writ
thereof
to
R.
S.
Deputy
sheriff
of
the
County
aforesaid
in
Forme
of
Law
to
be
Executed
,
&c.
by
proclamation
thereof
made
according
to
the
forme
of
the
statute
,
&c.
Jac.
rot.
192.
North.
G
C.
Esquire
,
by
his
Attorney
,
offered
himselfe
the
fourth
day
against
Thomas
,
Bishop
of
the
Burrough
of
Saint
Peter
,
otherwise
Peterburrough
,
and
William
B.
his
Clarke
,
that
they
permit
him
to
present
a
fit
person
to
the
Church
of
W.
which
is
void
and
belongeth
to
his
gift
,
&c.
and
they
came
not
,
and
they
had
therein
day
,
to
wit
,
the
same
Bishop
by
essoine
here
untill
in
Octab.
Sancti
Hillarii
last
past
,
and
the
said
W.
hath
day
therein
by
his
Essoine
here
untill
this
day
to
wit
in
Octob.
Pur
B.
Mariae
after
they
were
summoned
,
&c.
judgement
that
they
be
here
15.
Pasch.
&c.
H
10.
Jac.
rot
.
20.
Wollaston
,
Eber.
ss
.
C.
E.
C.
Gent.
&
I.T.
Clark
,
that
they
should
be
here
at
this
day
in
Oct.
Pur.
B.
Mariae
,
to
answer
M
W.
Knight
,
and
F.
S.
Esquire
,
of
a
plea
that
they
suffer
them
to
present
a
fit
person
to
the
Church
of
S
which
is
void
,
and
belongeth
to
their
gift
,
and
now
here
at
this
day
came
the
same
M.
and
F.
by
their
Attorney
,
and
the
sheriff
to
wit
,
C.H.
Knight
,
now
returneth
,
that
that
writ
was
delivered
to
him
so
late
,
that
for
the
brevity
of
time
hee
could
not
execute
it
,
as
by
the
said
Writ
it
was
commanded
him
,
therefore
as
before
it
is
commanded
to
the
said
sheriff
,
that
he
summon
by
good
summe
oners
thsame
Bishop
,
E.
and
I.
that
they
be
here
15.
Pas
.
to
answer
to
the
same
M.
and
F.
in
the
plea
aforesaid
,
&c.
P
11.
Iac.
rot
.
20.
Wellaston
ss
.
It
was
commanded
the
sheriff
,
E.
E.
E.
Gent.
and
I.
T.
Clerke
,
that
they
should
be
here
at
this
day
,
to
wit
,
15.
Pasch.
to
answer
as
above
,
And
now
here
at
this
day
came
the
same
Marmaduke
by
A.
B.
his
Attorney
,
and
the
said
F
likewise
plaintiff
,
&c.
the
fourth
day
of
the
plea
being
solemnly
called
came
not
,
and
hereupon
the
same
M
offereth
himselfe
the
fourth
day
against
the
said
Bishop
,
E
and
I
in
the
plea
aforesaid
,
and
they
came
not
,
and
the
sheriff
now
returneth
that
he
had
summoned
,
&c
,
judgement
they
be
attached
that
they
be
herein
Cro.
Trin.
and
it
is
commanded
to
the
same
sheriff
that
hee
summon
by
good
summoners
the
same
F.
that
he
be
here
at
the
said
Terme
to
follow
against
the
said
Bishop
,
E
and
I
his
plea
aforesaid
together
with
the
said
Marmaduke
if
,
&c.
Surrender
.
H
1
Iac.
rot.
1699.
Brownlow
ss
.
Edward
Pytt
Knight
,
Philizer
in
the
same
Court
as
well
of
London
as
of
the
County
of
Middlesex
,
Huntington
and
Cambridge
,
in
his
proper
person
,
and
of
his
own
accord
surrendred
into
the
hands
of
Edmund
Anderson
Cheif
Iustice
of
the
Lord
the
King
of
the
Bench
here
,
his
office
of
philizer
aforesaid
to
the
use
of
Iames
Pyt
Knight
whom
the
said
Cheife
Iustice
,
as
the
Custome
is
,
freely
admitted
to
the
same
Office
,
to
hold
,
occupy
,
and
have
to
him
as
his
free
Tenement
according
to
the
custome
of
the
Court
aforesaid
in
the
whole
time
aforesaid
used
and
approved
,
Iames
Pytt
upon
the
taking
of
his
corporall
Oath
,
as
the
custome
is
,
well
and
faithfully
to
behave
and
carry
himselfe
in
the
office
aforesaid
,
SEE
Hill.
13.
Iac.
rot.
732.
the
like
in
Ady
and
Maydwell
.
H
10.
Iac.
rot.
3279.
in
Gulston
and
Mill.
T
28.
H.
8.
rot.
511.
Surrender
by
Pateshal
Philizer
of
Essex
and
Hertford
.
T
22.
Iac.
rot.
2085.
Surrender
by
the
Philizer
of
Norfolke
,
Lambe
to
Thelwall
,
M.
28.
H.
8.
rot.
108.
T.
33.
H.
8.
rot.
1.
T.
3.
and
4.
Philip
and
Mary
rot.
904.
T.
1.
C.
Reg.
rot.
958.
Grant
of
the
office
of
the
Philizer
of
W.
made
by
H.
P.
after
the
death
of
Plumstead
,
by
the
Lord
Hobart
.
Supersedeas
.
Supersedeas
to
a
Cap.
i●
Withernam
,
quia
inconsult
.
emanavit
,
and
aver
.
elongat
.
returned
thereupon
,
and
a
cap
,
Withernam
,
awarded
for
the
Defendant
against
the
plaintiff
upon
a
writ
of
Plur.
repleg
.
Aver
.
elongat
returned
upon
the
plur.
replevin
.
C●pias
in
With
rnam
of
the
Ca
tell
of
Defendant
awarded
for
the
plaintiff
,
3.
El.
Dyer
fol.
189.
pl.
12.
P
8.
Edwardi
4.
rot.
106.
Surrey
ss
.
Be
it
remembred
that
the
Iustistices
here
in
Court
the
fourteenth
day
of
May
that
same
Terme
delivered
here
to
W.F.
Deputy
sheriff
of
the
County
aforesaid
,
a
certain
writ
of
the
Lord
the
King
now
closed
,
directed
to
the
said
sheriff
under
forme
of
Law
to
be
executed
,
which
said
Writ
the
same
W.
opened
here
in
Court
.
the
Tenor
whereof
followeth
in
these
words
,
Edward
by
the
grace
of
God
King
of
England
and
France
,
and
Lord
of
Ireland
,
to
the
sheriff
of
Surrey
greeting
,
Whereas
lately
by
our
Writ
,
as
more
times
we
have
commanded
you
,
that
justly
and
without
delay
you
should
replevy
to
W.W.
and
T.
M.
his
cattell
,
which
I.
L.
took
and
unjustly
detained
,
as
he
saith
,
or
that
you
your selfe
should
be
before
our
Iustices
at
Westminster
15
Trin.
last
past
,
to
shew
wherefore
you
have
contemned
to
execute
our
commands
,
so
often
to
you
therein
directed
,
and
then
to
our
said
Iustices
at
Westminster
,
at
the
same
15
Tr.
hast
returned
,
that
those
cattell
aforesaid
,
were
enlarged
to
unknowne
places
,
by
the
same
I.
so
that
you
could
not
have
sight
of
them
,
and
that
you
could
not
replevy
the
said
Cattell
to
the
said
W.
and
T.
wherefore
we
have
commanded
you
,
that
you
should
take
of
the
cattell
of
the
said
I
in
your
Bailiwick
,
to
the
value
o
the
sa●d
cattell
,
of
the
said
W
and
T
in
Withernam
,
and
shouldest
deliver
them
to
the
said
W
and
T
to
be
kept
untill
the
said
Cattell
of
the
said
W
and
T
you
could
redeliver
to
the
same
W
and
T
and
in
as
much
as
you
shall
execute
this
our
precept
,
Pone
Def.
ad
respondend
.
of
the
taking
of
the
cattell
,
with
a
repleg
.
fac
.
of
the
cattell
first
taken
.
you
make
known
to
our
Iustices
at
Westminster
15
Michaelis
last
past
,
and
that
you
put
by
sureties
and
safe
pledges
the
same
I
,
that
hee
should
be
before
our
Iustices
at
Westminster
at
the
said
15
sancti
Michaelis
,
to
answer
to
the
said
W.
and
T.
of
the
taking
of
the
cattell
aforesaid
,
and
in
the
mean
time
if
you
could
,
to
replevy
to
the
same
W
and
T
their
cattell
aforesaid
,
and
afterwards
for
that
it
seemed
to
our
said
Iustices
at
Westminster
,
for
certain
causes
propounded
before
them
,
and
them
specially
moving
,
that
our
Writ
aforesaid
Quoad
Cap.
in
With
,
The
writ
of
cap.
in
Withernam
inconsulte
emanavit
,
therefore
a
Supersedeas
is
therein
awarded
.
The
cattell
of
the
Defendant
taken
and
and
delivered
to
the
pl
intiff
in
withe
n.
before
the
delivery
of
the
sup.
and
that
he
by
force
of
the
supersed
,
cannot
redeliver
them
,
for
that
they
were
eloyned
.
Withernam
post
Withernam
.
The
cattell
taken
in
Withernam
eloyned
before
the
reception
of
the
Writ
of
Sup.
Plur.
cap.
in
Withernam
for
the
Def.
with
a
writ
in
the
mean
time
to
deliver
the
cattell
first
taken
in
Withernam
.
of
the
cattel
of
the
said
I
for
the
cattell
of
the
said
W
and
T
by
him
taken
before
,
improvisely
issued
out
of
our
Court
aforesaid
,
by
another
Writ
we
have
commanded
you
,
that
of
any
cattell
of
the
said
I
to
be
taken
in
Withernam
,
for
the
same
cattell
of
the
said
W
and
T
by
him
before
taken
,
you
be
altogether
superseded
,
and
if
you
shall
have
taken
any
of
the
cattell
of
the
said
I
in
Withernam
,
by
occasion
of
the
premisses
,
then
you
shall
redeliver
them
to
the
said
I
without
delay
,
and
inasmuch
as
you
shall
execute
this
our
precept
,
you
shall
make
appear
to
our
Justices
at
Westminster
at
the
said
15
Michaelis
,
and
then
our
said
Justices
at
Westminster
at
the
said
15
Mich.
returnest
,
that
by
vertue
of
the
said
Writ
,
De
Capiend
.
in
Withernam
to
you
before
directed
,
to
wit
,
such
a
day
and
year
abovesaid
,
of
the
cattell
of
the
said
I.
L.
four
Cowes
,
&c.
to
the
value
of
the
said
cattell
,
of
the
said
W.
and
T
which
I
took
,
thou
have
in
Withernam
,
and
that
afterwards
such
a
day
and
year
abovesaid
,
our
said
Writ
of
Supersedeas
was
delivered
thereof
to
you
,
and
at
the
same
15
sancti
Michaelis
,
you
certified
to
our
Justices
at
Westminster
,
that
the
cattell
of
the
same
I
in
Forme
aforesaid
taken
in
Withernam
,
and
delivered
to
the
same
W
and
T.
you
could
not
redeliver
to
the
said
I
after
the
coming
of
the
said
Writ
of
Supersedeas
,
according
to
the
Tenor
of
the
said
writ
of
Supersedeas
,
for
that
the
same
cattell
were
eloyned
,
and
yet
are
eloyned
and
transmitted
by
the
same
W.
and
T.
to
places
to
you
unknown
,
so
that
by
no
meanes
you
could
have
sight
of
the
sayd
cattell
,
after
the
coming
of
the
said
Writ
of
Supersedeas
,
and
therefore
we
command
you
,
as
more
times
we
have
commanded
you
,
that
of
the
cattell
of
the
said
W
and
T
in
your
Bailiwick
,
to
the
value
of
the
said
cattell
of
the
said
I
taken
in
Withernam
,
you
take
in
Withernam
,
and
deliver
them
to
the
said
I
to
be
kept
,
untill
the
said
cattell
of
the
said
I.
taken
in
Withernam
you
can
redeliver
to
the
same
I.
And
inasmuch
as
you
shall
execute
this
our
precept
,
you
make
to
appeare
to
our
Justices
at
Westminster
such
a
day
,
and
in
the
mean
time
if
you
can
,
to
make
redelivery
to
the
said
I
,
of
the
cattell
aforesaid
first
taken
in
Withernam
,
and
have
there
this
writ
,
Teste
,
&c.
de
novo
after
the
retorn
of
a
nichil
upon
a
cap.
in
Withernam
awarded
after
averia
Elongata
retorned
af
er
nonsuit
of
the
plaintiff
and
before
declaration
in
replevin
.
T
3.
Jac.
rot.
612.
Brownlow
,
Cornub.
ss
.
It
was
commanded
the
sheriff
,
whereas
,
I.
H.
and
O.
R.
were
summoned
to
be
in
the
Court
of
the
Lord
the
King
here
,
to
wit
,
at
Westminster
,
to
answer
I.
K.
Esq.
of
a
plea
wherefore
they
took
a
certaine
Cow
of
the
same
I.
K.
and
her
unjustly
kept
against
sureties
and
pledges
,
&c.
the
same
I.
K.
afterwards
in
the
same
Court
of
the
Lord
the
King
here
,
to
wit
,
at
Westminster
aforesaid
made
default
,
whereupon
it
was
then
considered
in
the
said
Court
of
the
Lord
the
King
here
,
that
the
same
I.
K.
and
his
pledges
to
prosecute
should
be
in
mercy
,
and
that
the
said
I.
H.
and
O.
should
goe
thereof
without
day
,
&c.
And
that
they
should
have
retorne
of
the
Cow
aforesaid
,
whereupon
it
was
commanded
the
sheriff
,
that
without
delay
he
should
retorne
the
Cow
aforesaid
to
the
said
I.
H.
and
O.
And
her
at
the
complaint
of
the
said
should
not
deliver
without
a
writ
of
the
said
Lord
the
King
which
should
make
expresse
mention
of
the
judgment
aforesaid
,
I.
K.
to
places
to
him
altogether
unknowne
,
whereby
he
could
not
retorne
the
Cow
aforesaid
to
the
said
I.
H.
and
O.
as
by
the
said
Writ
it
was
commanded
him
,
I.
K.
to
the
value
of
the
Cow
aforesaid
before
taken
he
should
take
in
Withernam
and
should
deliver
them
to
the
said
I.
H
and
O.
to
hold
to
them
untill
he
could
retorne
the
Cow
aforesaid
before
taken
,
Cap
as
for
the
contempt
.
and
that
he
should
put
by
sureties
and
safe
pledges
the
said
I.
K
that
he
should
be
here
in
15.
Trin.
in
the
second
yeare
of
the
Lord
the
King
now
to
answer
aswell
the
said
Lord
the
King
now
of
the
contempt
,
I.
H
,
and
O.
of
the
injuries
to
them
in
this
behalfe
offered
,
and
that
he
should
have
here
,
the
names
of
the
pledges
and
that
writ
,
at
which
day
the
sheriff
retorned
to
the
justices
here
,
that
the
said
I.
K.
had
no
Cow
in
his
bayliwick
,
which
he
could
take
in
Withernam
,
Exigent
.
Exigent
awarded
.
nor
had
any
thing
in
his
Bayliwick
by
which
he
could
be
attached
whereby
as
more
times
the
sheriff
was
commanded
that
he
put
in
exigent
the
same
I.
K.
from
county
to
county
untill
,
&c.
he
should
be
utlawed
,
if
not
,
&c
,
and
if
,
&c.
then
he
should
take
him
,
and
safely
,
&c.
so
that
he
should
have
his
body
here
15.
Trin.
aswell
to
answer
to
the
said
Lord
the
King
of
the
contempt
,
as
to
the
said
I.
H.
&
O
of
the
damage
and
injuries
to
him
in
this
behalfe
done
,
and
that
he
should
have
here
,
that
writ
,
S●ccuda
.
deliberatione
prayed
.
Pledges
de
novo
.
Recognizance
.
&c.
prayeth
a
writ
of
the
said
Lord
the
King
de
Secunda
Delib
.
and
it
is
granted
to
him
retornable
here
.
in
Oct.
Mi.
&c.
And
also
the
said
I.
K.
in
the
same
court
here
found
pledges
de
novo
aswell
to
prosecute
his
Claime
,
as
of
the
Cow
aforesaid
before
taken
,
to
be
retorned
to
the
said
I.
H.
and
O.
if
retorne
thereof
should
be
adjudged
,
to
wit
,
T
,
R.
of
O.
&c.
and
I
,
D
,
of
,
&c.
each
of
them
under
the
penalty
of
100
s.
whereupon
it
was
commanded
the
sheriff
that
of
the
said
I
,
K.
further
putting
in
Exigent
,
utlawing
,
M
18.
H.
8.
rot.
2.
The
Lord
the
King
sent
to
his
Justices
of
the
Bench
here
his
writ
closed
in
these
words
.
Henry
by
the
grace
of
God
,
Robert
Brudenell
Knight
and
his
associats
our
Justices
of
the
Common
Bench
greeting
,
because
Thomas
Travers
of
W.
in
the
County
of
Essex
Clerke
came
into
our
court
before
us
at
Westminster
this
instant
day
of
Thursday
next
after
15.
daies
of
S.
Iohn
the
Beptist
in
his
proper
person
,
And
then
found
there
sufficient
securitie
,
that
he
should
personally
appeare
before
us
in
15.
Pas
.
next
to
come
wheresoever
we
should
then
be
in
England
,
And
that
in
the
meane
time
he
should
carry
himself
peaceably
towards
,
and
all
our
people
,
and
that
he
would
not
bring
nor
cause
to
be
brought
by
himself
or
any
other
in
his
name
any
Damage
or
grievance
to
any
of
our
people
upon
their
bodies
by
treachery
,
assault
or
any
other
meanes
which
may
in
any
manner
give
way
to
the
infringement
&
disturbance
of
the
peace
as
in
our
court
before
us
is
fully
manifest
upon
Record
,
Therefore
we
command
you
,
that
from
compelling
the
said
Tho.
Travers
to
find
any
securitie
for
our
peace
,
or
for
any
of
our
people
before
you
or
any
of
you
untill
after
the
same
15.
Pas
.
you
are
altogether
superseded
T.
I.
fifty
James
at
Westminster
the
11.
day
of
July
An.
&c.
18.
and
now
,
to
wit
,
in
8.
S.
Mich.
that
same
Terme
came
here
the
same
Thomas
in
his
proper
person
whereupon
the
same
Thomas
by
the
same
Justices
here
is
altogether
dismissed
and
discharged
from
finding
of
any
other
securitie
further
in
this
behalfe
,
&c.
Charles
,
&c.
To
the
sheriff
of
L.
greeting
,
after
a
Fi.
fac
.
ne
venditioni
exponas
.
whereas
of
late
we
did
command
you
that
of
the
goods
and
Chattles
of
T.
E.
late
of
,
&c.
being
in
your
bayliwick
you
should
cause
to
be
levied
161.
5
s.
which
D.
I.
in
the
Court
,
&c.
had
recovered
against
him
for
her
Damages
which
she
had
sustained
by
reason
of
a
certaine
trespasse
upon
the
case
by
the
aforesaid
T.
to
the
said
D.
done
,
whereof
he
is
convicted
,
as
by
the
Record
,
&c.
it
manifestly
appeareth
,
And
that
you
should
have
those
moneyes
which
you
had
so
levied
before
,
&c.
at
Westminster
aforesaid
such
a
return
to
render
to
the
said
D.
in
that
behalfe
as
in
that
Writ
is
more
fully
contayned
,
and
you
at
that
day
did
retorne
to
the
Barons
of
our
said
Exchequer
at
Westminster
aforesaid
that
you
had
levied
of
the
goods
of
the
said
T.
to
the
value
of
the
summe
abovementioned
which
goods
did
remaine
in
youre
hands
unsold
for
want
of
buyers
,
but
because
the
said
Writ
of
Scire
facias
to
you
as
above
directed
,
did
unduely
issue
forth
.
Therefore
we
command
you
,
that
from
selling
of
the
goods
aforesaid
,
or
any
part
thereof
by
vertue
of
the
said
Writ
of
Scire
fac
.
you
altogether
forbeare
as
you
will
answer
the
contrary
at
your
peril
,
witnesse
,
&c
,
Ventre
Inspiciendo
.
Entry
of
a
writ
de
ventre
inspiciendo
.
see
Bracton
fo.
69.
H
and
E
,
terms
A.
5.
H.
3.
rot.
in
the
common
Bench
Norff.
ss.
Peter
de
Meanton
hath
requested
,
that
Muriell
who
was
the
wife
of
W.
de
Meanton
who
maketh
her selfe
not
not
to
be
with
child
by
the
same
W.
her
husband
,
was
not
with
child
,
&
for
this
cause
maketh
herselfe
not
with
child
to
disinherit
the
same
Pet
,
whereupon
at
the
petition
of
the
same
Muriell
it
was
commanded
the
sheriff
that
by
law●ull
women
they
should
make
diligent
inquiry
whether
she
was
with
child
,
or
not
,
And
Inquisition
was
made
and
sent
to
Westminster
,
but
in
the
interim
came
she
before
the
Justices
of
the
Bench
and
offered
her selfe
and
shewed
to
them
that
she
was
with
child
,
and
this
she
offered
to
shew
and
prayed
that
it
might
be
seene
by
the
command
of
the
Justices
by
14.
lawfull
gentle
women
of
London
to
be
chosen
by
the
Mayor
and
sheriffs
of
London
,
and
it
seemed
to
them
that
she
was
with
Child
,
so
that
it
was
said
to
her
that
she
might
goe
therein
without
day
,
untill
any
one
should
complaine
thereof
,
but
afterwards
came
the
same
Peter
and
offered
himselfe
,
and
again
said
that
she
was
not
pregnant
of
his
brother
,
so
that
upon
his
complaint
she
was
againe
resummoned
,
and
questioned
when
her
husband
dyed
,
and
at
what
time
he
departed
from
her
,
said
,
that
in
truth
he
departed
from
her
upon
Wednesday
next
after
the
Feast
of
the
holy
Trinity
,
and
that
he
died
on
the
day
of
the
Appostles
Peter
and
Paule
so
that
after
that
same
Wednesday
she
never
saw
him
and
Peter
acknowledgeth
this
same
,
&
said
well
she
was
not
with
child
with
his
brother
&
prayed
that
she
might
be
committed
to
custody
,
so
that
by
the
counsell
of
the
court
she
was
committed
to
the
Mayor
of
L.
into
custody
and
4
lawfull
gentle-women
were
assigned
to
see
her
often
and
to
keep
her
But
afterwards
came
the
same
Peter
and
shewed
that
the
Terme
of
bringing
forth
,
if
she
had
beene
pregnant
with
his
brother
is
past
,
and
prayed
Justice
to
be
exhibited
to
him
,
so
that
the
same
Muriel
come
come
before
the
justices
of
the
Bench
upon
command
upon
Wednesday
next
before
the
Feasts
of
the
Appostles
Peter
and
Paul
in
the
second
year
following
.
And
the
same
Muriel
said
that
before
,
to
wit
,
that
she
was
pregnant
,
and
by
the
said
William
,
and
well
acknowledgeth
that
his
terme
of
being
borne
is
past
,
and
she
expects
the
mercy
of
God
,
and
the
said
Peter
likewise
said
that
the
terme
is
past
,
and
prayeth
this
to
be
allowed
him
,
And
hereupon
it
is
found
that
48.
weekes
have
passed
since
the
first
Wednesday
wherein
she
acknowledge
that
her
husband
departed
from
her
,
but
afterwards
she
acknowledged
that
she
was
not
with
child
but
long
since
being
sore
greived
with
such
an
infirmity
that
she
thought
her●elfe
to
be
with
child
.
Vtlawry
.
P
4.
Jac.
rot.
808.
Brownlow
ss.
It
was
commanded
the
sheriff
that
he
should
not
omit
for
any
liberty
of
his
county
but
should
take
R.
W.
late
,
&c
,
utlawed
in
London
,
Entry
of
a
non
omit
.
upon
a
Cap.
utlagat
Denbigh
.
Vtlawry
.
such
a
day
and
yeare
at
the
suite
of
H.
B.
in
a
plea
of
debt
if
,
&c.
and
safely
,
&c.
so
that
he
might
have
his
body
here
this
day
,
to
wit
,
in
Pas
.
to
do
and
receive
what
the
Court
of
the
Lord
the
King
here
shall
consider
of
him
in
that
behalfe
,
&c.
And
now
here
at
this
day
came
the
said
H.
by
●
.
Guy
his
attorney
and
the
sheriff
,
to
wit
,
I
,
W.
Esq.
now
retorneth
that
he
by
vertue
of
the
writ
aforesaid
to
him
directed
commanded
the
Bayliff
of
the
liberty
of
the
Towne
and
liberty
of
Denbigh
,
Eliz.
rot.
1990.
ss.
Afterwards
that
is
to
say
12.
February
An.
39.
Eliz.
came
here
into
the
Court
one
T.H.
of
,
&c.
and
said
that
the
same
I.
N.
after
the
utlawry
aforesaid
against
him
in
Forme
aforesaid
published
died
,
&
dyed
instate
,
&c.
And
that
the
same
T.
is
Administrator
of
the
Goods
and
Chattels
which
were
of
the
same
I.
at
the
time
of
his
death
,
&
bringeth
here
into
Court
the
letters
administratory
of
I.
by
divine
providence
Arch-Bishop
of
Cant.
Primate
and
Metropolitan
of
all
England
which
are
dated
at
London
14.
Feb.
An.
Do.
1596.
which
the
commission
of
the
administration
of
the
goods
and
Chattles
which
were
of
the
same
I.
at
the
time
of
his
death
,
to
the
same
T.
in
form
aforesaid
testifie
,
&c.
and
prayeth
the
hearing
of
the
return
of
the
said
writ
of
Exigent
,
retorned
in
the
Bench
here
against
the
said
N.
in
Oct.
S.
Mich.
and
it
is
read
to
him
in
these
words
,
at
the
Hustings
of
the
pleas
of
Land
held
at
Guild-Hall
in
the
City
of
London
upon
Munday
next
after
the
Feast
of
S.
Dunstan
the
Arch-Bishop
An.
38.
within
written
the
within
named
I
,
N.
was
the
first
time
called
and
appeared
not
,
At
the
Hustings
aforesaid
upon
Munday
next
after
the
Feast
of
Boniface
Bishop
An
,
Suprad
.
the
said
I.
was
the
second
time
called
and
appeared
not
,
at
the
Hustings
of
the
pleas
of
land
held
in
G.
in
the
Citty
aforesaid
,
upon
Munday
next
before
the
Feast
of
the
Annunciation
,
&c.
An.
Supr
.
the
said
I.
was
the
third
time
called
and
appeared
not
,
At
the
Hust
.
of
the
pleas
of
L.
and
held
in
Guild-Hall
in
the
City
aforesaid
upon
Monday
next
before
the
Feast
of
S.
Marg
,
the
Virgin
An.
Sup.
the
said
I
was
the
fourth
time
called
and
appeared
not
,
at
the
Hustings
of
the
pleas
of
land
of
the
City
aforesaid
held
,
&c
the
said
I.
was
the
fi●●t
time
called
and
appeared
not
therefore
he
is
utlawed
,
The
answer
of
T.
L.
&
L.
H.
sheriffs
,
that
writ
is
above
indorsed
we
the
now
she
.
of
L.
have
received
of
the
la●e
Sh.
of
L.
the
going
from
their
Office
the
answer
of
I.
W.
&
R.G.
sheriffs
,
which
being
read
and
heard
the
same
T
H.
saith
that
the
utlawry
aforesaid
against
the
said
I.
in
Form
aforesaid
publ
shed
and
had
is
void
in
law
and
of
no
force
nor
effect
,
Virgin
Mary
which
said
day
of
Monday
,
next
before
the
Feast
of
the
Annunciation
&c
,
was
long
after
the
retorne
of
the
said
writ
of
Exi
.
whereupon
the
retorn
being
seene
,
And
by
the
justices
here
fully
understood
,
it
seemed
to
the
Justices
here
,
that
the
allegation
of
the
said
T.
is
true
.
Therefore
for
the
defect
aforesaid
,
Pas
.
4.
Eliz.
That
an
utlawry
was
reversed
for
that
,
5.
exact
upon
the
Exig
.
that
it
appeared
upon
the
retorne
of
the
proclamation
the
third
proclamation
in
the
County
of
Essex
was
made
the
same
day
that
the
guinto
Exactus
was
made
,
upon
the
exigent
in
the
County
of
Lincoln
and
by
the
opinion
of
Court
it
was
adjudged
Male
,
for
that
the
proclamation
ought
to
have
been
at
least
a
Mo.
before
the
5.
Eactus
,
and
the
reason
in
the
court
was
,
for
that
the
retorne
of
the
proclamation
was
,
that
the
defendant
should
yeeld
himselfe
to
the
sheriff
of
Lincoln
,
which
he
could
not
do
,
before
the
utlawry
,
for
that
the
utlawry
was
pronounced
the
same
day
with
the
proclamation
.
ss.
Mich.
36.
and
37.
Eliz.
rot.
2894.
London
ss
.
de
Comorance
in
an
other
county
&
reversall
of
an
utlawry
pur
.
non
Comorans
and
possession
of
the
attorney
generall
.
It
was
commanded
the
sheriffs
that
they
should
not
omit
for
any
liberty
of
their
County
.
but
they
should
take
P.
L.
of
,
&c.
utlawed
in
London
,
upon
Munday
next
after
the
Feast
of
the
Ascention
of
our
Lord
An
36.
Eli.
at
the
suite
of
W.
G.
in
a
plea
of
debt
if
,
&c.
and
safely
,
&c.
so
that
they
might
have
his
body
here
,
at
this
day
,
to
wit
,
in
Oct.
S.
Mich.
&c.
to
do
and
receive
what
the
Court
of
the
Lady
the
Queen
here
shall
consider
of
him
in
that
behalfe
,
And
now
here
at
this
day
,
came
the
same
P.
in
his
proper
person
,
&
the
sheriffs
of
L.
now
retorne
that
they
by
vertue
of
the
Writ
aforesaid
to
them
directed
took
the
body
of
the
same
P.
whose
body
they
have
now
here
present
,
as
by
the
said
writ
it
was
commanded
them
,
and
hereupon
the
same
P.
so
taken
&
here
had
,
prayeth
the
hearing
of
the
Record
,
London
ss
.
W.
E.
Gent
by
E.
Y.
his
attorney
offered
himselfe
the
4.
day
against
P.
L.
late
of
,
&c.
otherwise
called
P.
L.
&c.
of
a
plea
that
he
render
unto
him
200
l.
which
to
him
he
oweth
and
unjustly
detayneth
,
&c.
Recital
of
the
record
of
the
exigent
.
Pas
.
37.
Iac.
rot.
1612.
T.
3.
Ia
rot.
651.
issue
fuit
Comorans
.
And
he
came
not
,
and
as
more
times
,
the
sheriffs
are
commanded
that
they
should
take
him
&c.
and
safely
.
&c
,
so
that
they
might
have
his
body
here
at
this
day
,
to
wit
(
tali
die
)
to
answer
the
said
W.
in
the
plea
aforesaid
,
And
the
sheriffs
now
retorne
that
he
is
not
found
,
&c.
Therefore
the
sheriffs
are
commanded
that
they
put
him
in
Exigent
from
Hust
to
Hust
untill
,
&c.
he
be
utlawed
if
not
,
&c.
and
if
,
&c.
then
they
take
him
,
and
safely
,
&c.
so
that
they
may
have
his
body
here
in
Cr.
Trin.
to
answer
the
said
W.
in
the
plea
aforesaid
,
and
whereupon
,
&c.
And
it
is
to
be
knowne
that
a
writ
thereof
the
Justices
here
in
Court
that
same
Terme
delivered
to
Z.
deputy
of
the
sheriffs
of
London
in
Form
of
Law
to
be
executed
,
Eliz.
Cap.
3.
Poulton
novell
statuts
186.
or
77
86.
And
it
is
to
be
knowne
that
a
Writ
thereof
,
the
Justices
here
in
Court
that
same
Term
delivered
to
Z.
S.
Deputy
of
the
sheriff
of
Midd.
to
be
executed
in
Forme
of
the
Law
,
&c.
which
being
read
and
heard
,
the
same
P.
saith
that
he
is
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
aforesaid
Oct.
Pur.
which
day
the
said
Writ
of
exigent
,
whereupon
the
said
P.
was
utlawed
at
the
suite
of
the
said
W.
issued
out
of
the
court
here
,
Graies
Inn
in
the
county
of
Midd.
as
by
the
same
Record
issuing
forth
of
the
said
writ
of
Exigent
is
suposed
,
and
this
he
is
redy
to
veryfie
,
whereupon
for
that
the
said
Writ
of
proclamation
was
not
directed
to
the
sheriff
of
the
said
County
of
Southampton
,
wherein
the
same
P.
at
the
day
of
issuing
forth
of
the
said
Writ
of
Exigent
was
Comorant
and
Conversant
as
of
right
it
ought
to
have
beene
directed
,
according
to
the
Form
of
the
statute
aforesaid
,
the
same
P.
prayeth
judgment
,
and
that
he
from
the
Court
here
,
of
the
utlawry
aforesaid
,
may
be
acquitted
discharged
and
set
at
large
,
And
because
it
is
expedient
and
necessary
,
Scire
Fac.
awarded
to
premonish
the
Pla.
that
the
said
W.
for
his
interest
in
this
behalfe
be
premonished
,
before
it
be
further
proceeded
to
discharge
the
same
P.
from
the
utlawry
aforesaid
,
It
is
commanded
the
sheriff
of
London
▪
that
by
honest
&c.
they
make
knowne
to
the
same
W.
that
he
be
here
in
Cr.
Anim.
to
shew
if
any
thing
,
&c.
wherefore
the
same
P.
ought
not
to
be
discharged
from
the
said
utlawry
,
&c.
and
hereupon
the
same
M.
W.
of
,
&c.
and
R.
C.
Scire
Fac
and
the
Pl.
appears
by
Attorney
.
and
Chattells
,
to
whose
hands
soever
they
shall
come
,
and
if
it
happen
the
same
P
,
at
any
day
of
the
plea
by
the
Court
here
to
be
prefixed
,
to
make
default
,
or
not
to
prosecute
his
suite
with
effect
,
&c.
At
which
said
Cr.
Anim
came
here
aswell
the
said
P
,
in
his
proper
person
,
as
the
same
W.
premonished
,
&c.
by
E.
Y.
his
attorney
and
hereupon
the
same
P.
as
before
saith
that
he
at
the
said
Oct.
Pur.
which
day
the
said
Writ
of
Exigent
,
whereupon
the
same
P.
was
utlawed
at
the
suite
of
the
said
W
▪
issu●ng
out
of
the
Court
here
,
la
non
comor●ns
.
Travers
.
was
Comorant
and
conversant
at
N.
aforesaid
within
the
Isle
of
Weight
in
the
said
county
of
Southampton
,
without
this
that
he
the
same
day
or
at
any
time
afterwards
was
Comorant
and
coversant
at
Grayes
Inne
in
the
County
of
Midd.
As
by
the
said
Record
,
of
emanation
of
the
said
writ
of
Exegint
above
is
supposed
,
and
this
he
is
ready
to
verifie
,
whereupon
for
that
the
writ
of
proclamation
was
not
directed
to
the
sheriff
of
the
said
county
of
South
.
wherein
the
said
P.
at
the
day
of
the
issuing
forth
of
the
said
writ
of
Exig
.
was
comorant
and
conversant
,
as
of
right
it
ought
to
have
beene
directed
according
to
the
Forme
of
the
statute
aforesaid
the
same
P.
prayeth
judgment
,
and
he
from
the
court
here
of
the
utlawry
aforesaid
,
may
be
acquitted
,
discharged
,
and
set
at
large
&c.
ANd
the
said
W.
saith
that
he
cannot
gainesay
but
that
the
allegation
of
the
said
P.
in
his
discharge
of
the
utlawry
aforesaid
is
true
,
Oct.
Pur.
which
day
the
said
writ
of
Exigent
whereupon
the
same
P.
was
utlawed
issuing
from
the
court
here
was
commorant
&
conversant
at
N.
&c
and
that
no
writ
of
proclamation
in
this
behalfe
was
directed
to
the
sheriff
of
the
County
of
S.
as
the
same
P.
hath
above
alleaged
.
&c.
ANd
E.
Coke
Esquire
Attorney
generall
of
the
said
Lady
the
Qu.
who
followeth
for
the
said
Lady
the
Queen
in
this
behalfe
,
Oct.
Pur.
which
day
the
said
writ
of
Exigent
whereupon
the
said
P.
is
utlawed
,
issuing
out
of
the
court
here
,
was
commorant
and
and
conversant
at
N
,
aforesaid
,
&c
in
the
county
of
S.
and
that
no
writ
of
proclamation
was
ever
directed
to
the
said
sherff
of
S.
in
this
behalfe
as
the
said
P.
hath
above
alleaged
,
wherefore
it
is
considered
that
the
same
P.
be
discharged
of
the
utlawry
aforesaid
,
and
upon
that
occasion
not
be
molested
,
in
any
thing
,
nor
grieved
but
goe
thereof
quiet
,
&c.
reserving
a
writ
to
the
Lady
the
Queen
;
otherwise
if
,
&c.
Entry
of
a
speceill
writ
of
Cap.
utlagat
,
&
amerciament
of
the
sheriff
for
bad
attendance
upon
the
court
and
not
coming
to
receive
a
speciall
Cap.
utlagat
.
Recitall
of
the
speciall
Utlagat
H
2.
Jac.
Rot.
1362.
Broker
Cardigan
ss
.
It
was
commanded
the
sheriff
that
he
should
not
omit
for
any
liberty
of
his
county
but
by
the
oath
of
honest
and
lawfull
men
of
your
county
you
should
inquire
what
goods
and
chattels
lands
and
Tenements
M
,
U
,
&c.
with
all
his
additions
hath
or
had
in
his
Bayliwick
,
such
a
day
and
yeare
,
or
at
any
time
afterwards
which
day
he
was
utlawed
in
the
County
of
the
City
of
the
city
of
O.
at
the
suit
of
I.
S.
in
a
plea
of
debt
whereof
he
was
convicted
As
the
sheriff
of
the
City
of
Oxon
to
the
Justices
of
the
Lord
the
Ki.
now
here
at
a
certaine
day
now
past
retorned
,
P.
24
Iac.
rot.
323.
Vict.
in
mia
.
5.
marks
for
retorning
trade
upon
a
writ
that
was
entered
upon
Record
.
P.
6
:
H
:
8
:
rot:
296.
the
like
sur
nichil
fec
.
nec
:
remisit
,
H.
8
H
,
6
,
rot.
333
:
vic.
in
mia
:
40
l.
for
not
returning
of
a
writ
of
Nisi
prius
,
H
:
24
:
Eliz:
rot
,
1702.
entry
of
a
speciall
amerciament
for
an
insufficient
retorn
upon
an
Habere
fac
:
possessionem
,
emii
:
Recitall
of
days
given
to
the
sheriff
to
come
and
receive
the
writ
sin
court
And
that
upon
their
oath
he
cause
them
to
be
extended
,
and
appraised
according
to
the
true
value
of
them
,
And
such
things
as
shall
be
found
by
that
Inquisition
he
cause
to
be
taken
into
the
hands
of
the
Lord
the
King
now
,
&
safely
to
be
kept
so
that
he
may
answer
to
the
Lord
the
King
of
the
true
value
and
issues
of
them
,
and
with
them
so
extended
and
appraised
he
make
knowne
to
the
Justices
of
the
Lord
the
King
here
(
tli
.
retorn
.
)
distinctly
and
openly
under
his
seale
,
and
the
seales
of
them
by
whose
oath
he
had
made
that
extent
and
appraisment
,
And
for
that
the
same
M.
did
ly
hid
,
wander
and
runn
from
place
to
place
in
the
county
aforesaid
,
in
contempt
of
the
Lord
the
King
now
,
and
prejudice
of
his
Crowne
as
the
King
hath
been
informed
,
That
wheresoever
it
shall
happen
the
same
M.
to
be
found
in
his
Baylickwick
aswel
within
as
without
the
liberties
he
should
take
him
and
safely
keep
,
so
that
he
might
have
his
body
before
the
Justices
here
at
the
said
Terme
to
do
and
receive
whatsoever
the
said
Court
of
the
Lord
the
King
shall
consider
in
that
behalf
;
and
it
is
to
be
known
that
at
the
two
severall
dayes
in
that
same
Term
given
to
the
said
sheriff
of
Cardigan
by
the
Court
here
,
To
come
here
into
the
Court
and
receive
the
Writ
aforesaid
to
be
executed
in
Form
of
Law
,
the
same
sheriff
came
not
here
into
the
Court
to
receive
that
Writ
,
therefore
the
same
sheriff
,
to
wit
,
R.
P.
Knight
in
miserec
.
And
he
is
fined
by
the
Justices
here
to
12
l.
&c.
TRin.
8.
Jac.
Rot.
2700
,
Brownlow
,
Norff.
ss.
It
was
commanded
the
Coro
.
of
the
Lord
the
Ki
of
the
C.
aforesaid
that
whereas
it
was
testified
for
the
Lord
the
Ki.
in
the
C.
of
the
said
Lord
the
K.
here
,
that
divers
wits
of
the
said
Lord
the
Ki.
by
exig
.
of
late
directed
to
the
sheriff
of
N.
issuing
out
of
the
said
Court
here
,
Io:
21
23
:
bayle
to
an
ulawry
.
being
in
theire
custodyes
,
the
utlawry
aforesaid
upon
the
writ
aforesaid
,
in
Forme
aforesaid
published
,
and
the
judgment
thereupon
by
the
said
Coroners
given
,
they
have
here
at
this
day
,
to
wit
in
Oct.
S.
Trin.
That
the
same
justices
may
doe
therein
,
what
of
right
and
according
to
the
Law
and
custome
of
England
ought
in
this
behalfe
to
be
done
,
and
now
here
at
this
day
came
the
same
W.
H.
by
W.
B.
his
attorney
,
and
because
the
Coroners
of
the
County
aforesaid
the
writ
aforesaid
,
which
was
otherwise
delivered
to
them
to
be
executed
in
Form
of
Law
,
had
not
here
at
this
day
,
in
Miser
.
And
are
fined
by
the
Iustices
here
at
40
s.
P
12.
Jac.
Rot.
2243.
Goldesbursh
Montgomery
,
ss.
E.
P.
Esquire
sheriff
,
of
the
County
aforesaid
for
that
he
returned
not
here
in
court
a
certaine
writ
of
Capias
utlagat
.
against
M.
P.
at
the
suite
of
R.
O.
Kni.
in
a
plea
of
Debt
,
retornable
before
the
Justices
here
Mens
.
Pas
.
that
same
Term.
in
mercy
,
&c.
And
is
fined
by
the
Iustices
aforesaid
at
60
s.
See
Grislyes
case
Cok.
8.
fo.
40.
B.
according
to
the
old
book
of
entryes
title
record
,
M.
27.
H.
7
,
rot
531.
Amerciament
det
ver
at
10
l.
for
not
returning
the
Habeas
Corpus
Jur.
Devant
.
the
Justices
de
Nisi
prius
.
P
13.
Jac.
rot.
733.
Brownlow
Sar.
ss
.
An.
regis
,
&c.
12.
at
the
suite
of
Henry
Breton
in
a
plea
of
debt
if
,
&c.
so
that
he
might
have
his
body
here
at
this
day
,
to
wit
A
d●e
Pas
.
in
15.
dies
,
To
do
and
receive
what
the
court
of
the
King
here
should
consider
of
him
in
this
behalfe
,
and
now
here
at
this
day
came
the
said
Henry
N.
in
his
proper
person
,
and
the
sheriff
,
to
wit
,
Rowland
Traps
Esquire
now
retorneth
that
he
by
vertue
of
the
said
writ
to
him
directed
took
the
body
of
the
said
He.
N.
whose
said
body
,
he
now
hath
here
ready
,
as
by
the
said
writ
it
was
commanded
him
,
&c.
And
hereupon
the
said
Henry
N.
prayeth
the
hearing
of
the
writ
of
Cerciorare
whereupon
the
utlawry
aforesaid
,
by
Iohn
Gore
and
William
Gore
then
sheriffs
of
London
,
To
the
court
of
the
Lord
the
King
here
was
certified
,
and
to
him
it
is
read
in
these
words
London
ss.
we
I.
G
and
W
,
G.
sheriffs
of
London
,
do
certifie
to
the
Justices
of
the
Lord
the
King
at
Westminster
in
the
writ
to
this
schedule
annexed
specifyed
,
that
searching
the
roles
records
and
other
memorables
being
under
our
custody
we
find
in
the
same
that
Henry
N.
of
A.
in
the
County
of
Sur.
Esquire
in
the
writ
aforesaid
named
,
put
in
the
hustings
of
London
,
being
five
times
called
and
not
appearing
he
was
utlawed
in
mannor
as
followeth
That
is
to
say
,
at
the
hustings
of
the
Common
pleas
held
in
Guild-hall
in
the
City
of
London
upon
Monday
next
after
the
Feast
of
&c.
An.
Rs.
&c.
12.
the
said
Henry
N.
was
the
first
time
called
and
appeared
not
and
at
the
bustings
of
the
Common
pleas
held
in
Guild-hall
,
&c.
on
Munday
next
after
the
Feast
,
&c.
An.
Sup.
the
same
H.
was
the
second
time
called
and
appeared
not
.
The
answer
of
H.
Iay
and
T.
B.
sheriffs
.
That
writ
as
above
indorsed
was
delivered
subscirbed
to
the
sheriffs
,
by
the
said
sheriffs
at
their
departure
from
theire
office
,
At
the
hustings
of
common
pleas
held
at
Guild-hall
of
the
City
aforesaid
on
Munday
next
before
the
Feast
,
&c.
An.
Supr
.
the
said
Henry
was
the
third
time
called
and
appeared
not
,
At
the
hustings
of
the
common
pleas
held
,
&c.
The
said
Henry
was
the
fourth
time
called
and
appeared
not
,
at
the
husting
&c.
The
said
Henry
was
the
fift
time
called
and
appeared
not
,
Therefore
he
was
utlawed
,
The
answer
of
P.
P.
and
M
L.
sheriffs
,
and
this
is
the
utlawry
in
manner
and
Forme
as
it
is
published
against
the
said
Henry
Nudigate
,
which
we
have
ready
before
the
Justices
,
at
the
day
and
place
contayned
in
the
same
writ
,
according
to
the
intent
of
that
writ
,
The
answer
of
Iohn
Gore
and
William
Gore
sheriffs
,
which
being
read
and
heard
the
same
H.
Nudigate
saith
that
he
is
injured
in
this
behalfe
,
and
that
by
the
law
of
the
land
ought
not
to
be
charged
with
the
said
utlawry
,
because
he
saith
that
in
the
retorne
aforesaid
,
between
these
words
(
said
sheriffs
)
a
certaine
materiall
word
is
omitted
,
to
wit
,
late
,
so
that
by
the
omission
of
the
said
word
,
it
doth
not
appeare
by
the
returne
aforesaid
,
by
which
sheriffs
the
said
Henry
N.
was
the
third
,
fourth
,
and
fift
time
called
,
or
by
the
said
sheriffs
now
,
or
by
the
said
late
sheriffs
,
as
it
ought
to
appeare
by
the
said
retorne
,
For
that
cause
the
said
returne
is
insufficient
in
Law
,
and
this
he
is
ready
to
verifie
,
whereupon
he
prayeth
judgment
that
he
may
be
discharged
from
the
said
utlawry
,
whereupon
the
said
return
being
seen
,
and
by
the
said
Justices
here
being
fully
examined
and
understood
,
It
seemed
to
the
Justices
here
that
the
allegation
of
the
said
H.
N.
is
true
,
in
his
discharge
from
the
utlawry
aforesaid
,
therefore
it
is
considered
that
the
said
utlawry
be
adnulled
and
altogether
taken
for
nothing
,
And
that
the
said
H.
N.
for
that
occasion
be
unmolested
not
in
any
thing
grieved
,
But
goe
therein
quiet
,
&c.
Exig
.
fac
.
T
7.
Jac.
rot.
3608.
Brownlow
Sussex
ss.
It
was
commanded
the
sheriff
(
and
so
recite
the
Capias
utlagat
.
as
in
the
next
before
)
as
by
the
said
writ
to
him
it
was
commanded
,
&c.
which
said
Francis
being
so
taken
and
had
,
prayeth
bearing
of
the
writ
of
Exigent
whereupon
the
same
F.
at
the
suite
of
the
said
W.
in
Forme
aforesaid
is
utlawed
And
it
is
read
unto
him
in
these
words
,
James
by
the
Grace
of
God
,
&c.
reciting
the
writ
,
and
Test
untill
you
come
to
,
and
of
Scotland
the
XL.
he
also
prayeth
the
hearing
of
the
record
whereupon
that
writ
Issued
,
And
it
is
read
unto
him
in
these
words
ss.
It
was
commanded
the
sheriff
that
he
should
take
Francis
Challoner
late
of
,
&c.
in
the
county
aforesaid
Esquire
otherwise
called
F.
C.
de
L.
in
the
County
of
Sussex
Esquire
if
&c.
and
safely
,
&c.
so
that
he
shall
have
his
body
,
&c.
and
so
recite
the
whole
entry
untill
you
come
to
in
Forme
of
Law
to
be
executed
,
&c.
which
being
read
and
heard
the
said
Francis
saith
that
he
is
injured
in
this
behalfe
and
that
he
by
the
law
of
the
land
ought
not
to
be
charged
with
the
utlawry
aforesaid
,
because
he
saith
that
there
is
manifest
variance
between
the
said
writ
of
Exigent
and
the
said
Record
from
whence
the
said
Writ
issued
,
and
which
ought
to
warrant
that
writ
,
in
this
,
That
in
the
said
Record
the
said
Francis
is
named
F.
C.
of
Lynfield
,
And
in
the
said
Writ
of
Exigi
,
fac
.
he
is
named
F.
C.
of
Lymfeild
,
and
so
there
is
variance
betweene
the
Record
and
Writ
aforesaid
,
whereupon
he
prayeth
judgment
,
and
that
he
may
be
discharged
from
the
utlawry
aforesaid
,
Whereupon
the
writ
and
record
aforesaid
being
seene
and
by
the
Justices
here
fully
understood
,
it
sufficiently
appeareth
to
the
justices
here
,
That
the
allegation
of
the
said
F.
in
discharge
of
the
utlawry
aforesaid
is
true
,
Therefore
it
is
considered
that
the
said
F.
be
discharged
from
the
utlawry
aforesaid
,
And
for
that
occasion
shall
not
de
molested
or
in
any
thing
grieved
but
goe
thereof
without
day
,
&c.
M
6.
Jac.
rot.
924.
And
now
here
at
this
day
came
the
said
A.
by
W.
K.
his
Attorney
and
prayeth
the
hearing
of
the
writ
of
Exigi
.
Fac.
whereupon
the
said
A.
at
the
suite
of
the
said
G.
is
utlawed
,
Sci
:
fac
:
to
revive
the
judgment
.
And
it
is
read
unto
him
in
these
words
James
,
&c.
which
being
read
and
heard
the
same
attorney
on
the
behalfe
of
the
said
A.
saith
,
That
the
same
A
,
ought
not
to
be
charged
with
the
utlawry
aforesaid
,
because
he
saith
that
the
judgment
whereupon
the
same
A.
was
convicted
,
was
given
in
Mich.
Term
An.
Rs.
3.
that
is
say
,
by
one
yeare
three
Moneths
and
more
before
the
proclamation
of
the
said
Writ
of
Capias
ad
satisf
.
whereof
mention
is
made
in
the
said
Writ
of
Exigent
,
whereupon
the
said
writ
of
Exigent
issued
,
In
which
case
the
same
G.
Execution
upon
that
judgement
ought
not
then
to
prosecute
,
unlesse
he
had
prosecuted
before
out
of
this
Court
a
writ
of
the
Lord
the
King
of
Scire
Facias
,
to
premonish
the
said
A.
of
being
here
in
Court
,
to
shew
wherefore
the
said
E.
ought
not
to
have
execution
against
him
according
to
the
Form
of
the
Recovery
if
to
him
it
had
seemed
Expedient
,
And
so
the
said
Writ
of
Capias
for
execution
of
the
judgment
aforesaid
in
Forme
aforesaid
prosecuted
,
And
the
said
writ
of
Exigent
thereupon
issuing
,
was
erroniously
prosecuted
,
and
for
that
cause
prayeth
that
the
utlawry
aforesaid
may
be
adnulled
,
&c.
whereupon
aswell
the
Record
of
the
judgment
aforesaid
,
as
the
record
of
the
adjudging
of
the
said
Writ
of
Exigi
Fac.
whereupon
the
said
writ
of
Capias
ad
satisfaciendum
in
the
same
record
recited
,
by
the
Court
here
being
seen
and
fully
understood
,
It
is
found
that
the
allegation
of
the
said
A.
is
true
,
5.
Exact
.
and
for
that
the
last
County
was
held
upon
Sunday
.
Therefore
it
is
considered
,
&c.
and
that
the
utlawry
be
reversed
.
M
4.
Jac.
Rot.
306.
Which
being
read
and
heard
the
said
A.
saith
that
he
ought
not
to
be
charged
with
the
utlawry
aforesaid
,
because
he
saith
that
by
the
returne
aforesaid
it
doth
not
appeare
,
That
the
same
A.
at
the
said
County
of
South
.
held
at
the
Castle
of
Winch.
the
same
eight
day
of
September
An.
8.
abovesaid
was
called
,
and
so
the
same
A.
was
not
the
fift
time
called
,
as
by
the
law
of
the
Land
he
ought
to
have
been
,
And
also
for
that
the
6.
day
of
October
whereupon
the
last
County
was
held
was
Sonday
,
in
which
case
according
to
the
Law
of
this
Realme
of
England
,
the
County
ought
to
be
held
,
And
so
the
utlawry
aforesaid
against
the
same
A.
in
Forme
aforesaid
published
and
had
,
is
altogether
void
,
And
judgement
that
it
be
reversed
,
The
like
reversall
in
Mich.
44
,
45.
Eliz.
rot.
1909.
5
Exact
.
was
before
the
Test
of
the
Exigent
.
T
13.
Iac.
Rot.
3617.
Brownlow
.
Which
being
read
and
heard
,
the
same
Robert
saith
that
he
is
injured
,
&c
,
because
he
saith
that
it
is
vicious
,
to
wit
,
in
that
that
it
appeareth
,
That
the
said
first
day
of
March
An.
Sup.
upon
which
day
the
said
Robert
was
quinto
Exactus
,
was
longe
before
the
issuing
forth
of
the
said
Writ
of
Exigent
,
And
for
that
cause
and
others
in
the
returne
aforesaid
being
prayeth
judgment
that
the
utlawry
aforesaid
may
be
reversed
,
&c.
whereupon
,
&c.
And
it
was
reversed
,
&c.
Int.
Smith
and
Wingham
,
M.
10.
Iac
Rot.
3398.
the
like
Cook
against
Tompson
.
Primo
Exact
.
held
after
the
return
of
the
Exigent
.
M
10.
Iac.
Rot.
1708.
Brownlow
.
Bradbury
,
adv.
Allen
,
Exigi
Fac.
retornable
Tres
Trin.
T.
24.
Ia.
8.
I.
The
first
County
was
held
7.
Feb.
9.
Ia
:
And
because
it
appeareth
by
the
returne
aforesaid
That
the
first
county
,
whereat
the
said
E.
was
first
called
,
was
held
after
the
retorne
of
the
said
Writ
of
Exigent
,
and
for
that
cause
,
&c.
Iac
,
Rot.
3527.
Brownlow
.
Hearing
of
the
Writ
of
Exigi
fac
.
is
prayed
,
vhich
being
read
,
&c.
the
said
Writ
is
vicious
,
to
wit
,
in
this
that
this
word
Scotiae
,
is
omitted
in
the
beginning
of
the
said
writ
,
And
for
that
cause
and
others
being
in
the
said
Writ
he
prayeth
judgment
,
&c
,
And
the
utlawry
is
reversed
,
between
Walker
and
Vaughan
.
H
12.
Iac.
Rot.
2265.
Brownlow
Utlawry
reversed
for
not
naming
the
names
of
the
Coroners
particularly
at
the
end
of
the
retorne
of
the
Exigent
,
in
t
,
Lavel
.
and
others
at
the
suit
of
Godolph
,
see
Harper
fo.
19
a
by
Justice
Browne
,
If
the
sheriff
retorne
upon
the
Exigent
the
quinto
Exact
.
et
non
Compe
.
Ideo
ut
lagat
.
est
.
It
is
a
good
return
,
Although
he
retorne
not
the
judgment
of
the
Coroners
for
it
is
comprised
in
these
words
,
Ideo
ipse
utlagat
.
est
.
H
12
Jac.
rot.
1949.
Brownlow
,
Utlar
.
&
Waviar
.
reversed
for
the
same
defect
.
Reversall
for
omitting
the
Coroners
Names
,
which
being
read
,
&c.
the
same
Martha
and
Anthony
say
,
that
they
are
wronged
in
this
behalfe
,
and
that
the
same
M
of
the
Waiver
aforesaid
,
or
the
said
Anthony
with
the
Outlawry
aforesayd
,
ought
not
by
the
Law
of
the
Land
to
be
charged
,
because
they
say
,
that
the
return
aforesaid
is
vicious
and
insufficient
in
Law
,
for
that
the
names
of
the
Coroners
of
the
said
county
of
Yorke
,
who
gave
judgement
upon
the
Waivery
and
utlawry
aforesaid
,
are
omitted
in
the
sayd
Returne
,
whereupon
,
&c.
that
the
allegations
of
the
said
Martha
and
Anthony
in
discharge
of
the
said
M.
from
the
waivery
aforesaid
,
and
of
the
sayd
A
from
the
Outlawry
aforesaid
are
true
,
therefore
the
same
M.
from
the
Waivery
aforesaid
,
and
the
said
A.
from
the
Outlawry
aforesaid
are
discharged
,
and
for
that
occasion
shall
not
be
molested
or
in
any
thing
greived
,
but
go
thereof
without
day
,
&c.
T
14.
Jac
,
rot.
3603.
Brownlow
London
,
De
communibus
placitis
,
&c.
the
reversall
before
was
between
Carnes
and
Mamvering
and
others
.
T
14.
Jac.
rot.
3603
,
Br.
Reversall
for
not
naming
the
day
the
sheriff
called
the
Defendant
at
the
second
County
,
Int
Newton
&
Hustings
,
&c.
Iac.
rot.
3603.
Hearing
of
the
return
of
the
Exigent
prayed
,
which
being
read
,
&c.
Onerari
non
,
because
he
saith
that
it
appeareth
by
the
return
aforesaid
,
that
they
were
the
second
time
called
at
the
County
held
the
fourth
day
of
Ianuary
,
and
the
third
time
were
called
at
the
County
held
the
twenty
ninth
of
February
,
and
that
between
the
same
twenty
ninth
day
of
February
and
the
same
fourth
day
of
Ianuary
,
were
fifty
six
dayes
,
and
so
the
same
two
Countyes
at
which
the
same
E.
and
A.
were
the
second
and
third
time
called
,
were
not
holden
from
Moneth
to
Moneth
as
of
right
they
ought
to
be
held
Eaque
de
causa
,
&c.
judgement
the
Outlawry
be
reversed
,
between
Wilson
and
others
;
and
Thornhill
.
Iac.
rot.
3604.
Brownlow
,
Cornub.
Outlawry
reversed
,
for
returning
Vtlegat
.
est
,
for
Waviat
.
est
,
and
prayeth
hearing
of
the
Return
of
the
Exigent
,
which
being
read
,
&c.
Onerari
non
,
because
she
saith
,
that
every
woman
upon
any
Writ
of
Exigi
.
fac
.
being
the
fifth
time
called
and
not
appearing
,
ought
by
the
Law
of
the
Land
to
be
waviated
and
not
outlawed
,
which
doth
not
appear
by
the
Returne
aforesaid
,
that
the
same
Beatrix
was
waviated
,
which
of
right
ought
to
appeare
,
and
for
that
cause
the
said
Returne
is
insufficient
in
Law
,
judgement
that
the
Waviary
be
reversed
,
Int.
Trelowny
and
Bastard
.
Iac.
rot.
2071.
Brownlow
Canterbury
ss
.
Reversall
for
Munday
next
the
Feast
,
&c.
Return
of
the
Exigent
prayed
to
be
heard
which
being
read
.
&c.
Onerari
non
debet
,
because
he
saith
that
it
appeareth
not
certainly
by
the
Return
aforesaid
,
whether
the
said
E
was
the
fifth
time
called
Die
lunae
prox
.
ante
festum
,
&c.
or
Die
lunae
prox
.
post
fest.
&c.
and
so
by
that
returne
it
appeareth
not
certainly
,
what
day
the
said
Hustings
at
which
the
said
E.
was
the
fifth
time
called
,
was
held
,
so
that
he
at
the
same
Hustings
could
not
render
himselfe
to
the
said
Sheriffs
of
London
to
save
himselfe
from
the
Outlawry
aforesaid
,
and
for
that
cause
the
sayd
Returne
is
insufficient
in
Law
,
and
this
,
&c.
judgement
that
the
Outlawry
be
reversed
,
Int.
King
&
Porter
.
T
13.
Iac.
rot.
2528.
Outlawry
reversed
for
omission
of
the
word
terre
in
the
first
Hustings
.
H
12
▪
Iac.
rot.
2165.
For
omission
of
the
word
Anno.
H
30.
Jac.
rot.
1205.
Brownlow
Middlesex
ss
.
Oyer
,
&c.
And
hereupon
the
said
R.
and
I.
pray
hearing
of
the
Originall
Writ
,
whereupon
they
are
in
forme
aforesaid
outlawed
,
and
it
is
read
unto
them
in
these
words
,
James
by
the
Grace
of
God
,
&c.
And
also
pray
hearing
of
the
Writ
of
Exigent
,
which
issued
forth
upon
the
Originall
Writ
,
whereupon
the
same
R.
and
I.
are
in
forme
aforesaid
outlawed
,
and
it
is
read
unto
them
in
these
words
,
James
,
&c.
which
being
read
and
heard
,
Onerari
non
,
&c.
because
they
say
,
that
it
manifestly
appearreth
that
there
is
varience
betweene
the
said
Originall
Writ
,
and
the
said
Writ
of
Exigi
fac
.
that
is
to
say
in
this
,
that
in
the
Originall
Writ
it
is
contained
,
that
the
said
Ralph
Moore
should
render
to
Nicholas
T
one
hundred
pounds
,
and
in
the
Writ
of
Exigi
.
fac
.
it
is
contained
,
that
the
said
Ralph
should
render
to
the
said
N.
T.
one
hundred
pounds
,
and
so
the
Originall
Writ
doth
not
warrant
the
said
Writ
of
Exigi
fac
.
as
of
right
it
ought
,
for
which
said
cause
and
others
in
the
said
writ
of
Exigi
.
fac
.
specified
they
pray
judgement
that
the
Outlawry
aforesaid
may
be
reversed
,
&c.
whereupon
the
Writs
being
seen
,
&c.
Therefore
it
is
considered
that
the
said
R.
and
I.
be
discharged
from
the
Outlawry
aforesaid
,
and
for
that
occasion
shall
not
be
molested
or
in
any
manner
greived
,
but
be
thereof
in
quiet
,
and
dismissed
at
large
,
&c.
T
10.
Jac.
rot.
Brownlow
,
London
,
Et
pro
ea
causa
,
&c.
T
11.
Jac.
rot.
1521.
Brownlow
Int.
G.
and
P.
Outlawry
reversed
,
for
that
the
Defendant
was
the
first
and
second
time
called
,
before
the
Teste
of
the
Exigent
.
T
18.
Eliz.
rot.
1529.
Civit.
Bristoll
,
ss
.
Afterwards
to
wit
,
T.
D.
on
the
behalf
of
the
sayd
Ellen
,
and
prayeth
heareing
of
the
Writ
of
Allocat
.
whereupon
the
Waviary
aforesaid
is
published
against
the
same
E.
and
it
is
read
unto
him
in
these
words
,
Elizabeth
by
the
Grace
of
God
,
&c.
reciting
the
whole
Writ
,
Test
▪
16.
die
Novemb.
anno
,
&c.
18.
And
also
prayeth
hearing
of
the
Returne
of
the
said
Writ
,
and
it
is
read
to
him
in
these
words
,
Alloc
.
to
her
four
Countyes
,
&c.
Att
our
County
held
at
the
City
of
Bristoll
in
the
Guildhall
there
,
13.
Ian.
Anno
infra
script
.
&c.
which
being
read
and
heard
,
the
same
T.
D.
faith
for
the
said
Ellen
,
That
the
Return
of
the
said
Writ
of
Allocat
.
is
insufficient
in
Law
,
for
that
by
the
Return
it
evidently
appeareth
to
the
Justices
here
,
that
the
said
fifth
County
held
the
same
thirteenth
day
of
Ian.
Anno
18.
abovesaid
,
at
which
County
the
said
E.
was
the
fifth
time
called
and
appeared
not
,
was
held
Before
the
issuing
forth
of
the
sayd
Writ
of
Allocat
.
whereupon
the
said
Writ
,
the
like
si●e
.
and
returne
upon
the
said
Writ
made
,
by
the
Iustices
here
being
fully
understood
,
it
doth
seem
to
the
said
Justices
here
▪
that
the
said
Returne
is
insufficient
in
Law
,
whereby
the
Waviary
aforesaid
,
against
the
same
E.
in
forme
aforesayd
published
and
had
,
is
altogether
void
,
and
of
no
force
nor
effect
in
Law
,
Therefore
let
no
processe
nor
any
other
thing
against
the
said
E.
upon
the
Waviary
aforesaid
,
T
7.
Iac.
rot.
3648.
Brownlow
ss
.
Prayeth
hearing
of
the
Return
of
the
Writ
of
Exigent
,
and
it
is
read
unto
him
in
these
words
,
A
County
holden
at
the
Castle
of
Salop
,
Utlary
reversed
for
this
word
Me●m
.
T.
13
Jac:
●ot
:
633.
&c.
which
being
read
,
&c.
Onerari
non
,
because
he
saith
,
that
by
the
Returne
aforesaid
it
appeareth
not
that
the
Countyes
aforesaid
in
that
Returne
specified
,
whereunto
the
said
Iames
was
in
forme
aforesaid
called
,
were
the
Counties
of
the
said
sherif
of
Salop
,
as
by
the
Return
aforesaid
it
ought
to
appear
,
,
whereupon
,
&c.
the
Outlawry
was
reversed
,
Int.
Burmom
and
Ap-Thomas
Salop
:
T
7.
Jac.
rot.
3647.
Brownlow
,
hereof
Oyre
of
the
retorne
of
the
Exigent
prayed
,
at
the
hustings
of
the
common
Pleas
in
Guild-hall
of
the
City
aforesaid
upon
Munday
next
after
the
Feast
,
pet.
judicium
,
&c.
may
be
discharged
from
the
utlawry
,
&c.
And
it
is
reversed
,
Int.
Vaughan
and
Masters
.
Eliz.
rot.
131.
Brownlow
,
Midd.
ss
It
was
commanded
the
sheriff
that
he
should
not
omit
,
&c.
and
here
upon
the
said
I
prayeth
hearing
of
the
said
writ
of
exigent
,
whereupon
he
at
the
suit
of
the
said
W.
is
utlawed
,
And
it
is
read
unto
him
in
these
words
Elizabeth
,
&c.
which
being
read
and
heard
the
said
I.
saith
,
&c.
because
he
saith
that
the
originall
writ
in
the
Court
here
in
Oct.
S.
Mich.
An.
Reg.
&c.
30.
retornable
,
and
was
retorned
and
that
upon
the
same
writ
three
Writs
de
Capiendeum
by
the
Court
here
in
Mich.
Terme
An.
Regin
30.
and
31.
were
considered
and
adjudged
,
As
it
appeareth
in
the
Roll
of
the
same
Term
,
To
wit
,
one
of
the
said
Writs
de
Capiend
.
retornable
in
the
court
here
in
Cr.
Ani.
An.
30.
abovesaid
&
one
other
writ
de
capiend
.
by
the
Court
here
in
Form
aforesaid
considered
and
adjudged
,
retornable
at
the
said
Cr.
Ani.
in
the
same
Court
here
amongst
the
writs
of
Cr.
Anim.
An.
30.
abovesaid
in
the
said
County
of
Ebor.
is
filed
,
which
said
writ
is
not
retorned
,
whereupon
the
Justices
here
can
in
no
wise
certifie
in
Execution
of
the
said
Writ
that
it
is
indorsed
,
As
by
the
said
Writ
of
Capias
amongst
the
said
Writs
de
Cr.
Anim.
in
the
Court
here
filed
fully
appeareth
,
And
so
the
said
writs
of
alias
and
plures
Capiend
.
and
the
said
Writ
of
Exi
.
against
the
same
I.
afterwards
considered
and
adjudged
erroniosly
and
without
sufficient
warrant
issued
,
And
for
that
cause
he
prayeth
to
be
discharged
by
the
Court
here
from
the
utlawry
aforesaid
&c.
whereupon
the
said
Writ
de
Capiend
.
filed
in
the
Bench
here
at
the
said
Cr.
Ani.
being
seene
it
sufficiently
appeareth
to
the
Justices
here
upon
Record
that
the
allegation
of
the
said
I.
is
true
therefore
it
is
considered
that
the
said
I.
by
occasion
of
the
utlawry
aforesaid
be
not
molested
nor
greived
but
goe
thereof
quiet
,
&c.
T
16.
Iac
,
rot.
3109.
Brownlow
,
between
Ioanes
and
Griffin
,
Vtlary
reversed
for
infram
.
for
infranominat
&
dua
,
for
duo
.
utlawry
reversed
,
infrom
,
for
infra
nominat
.
and
dua
for
duo
.
T
16
Iac.
Rot.
3114.
Brownlow
,
in
t
.
Washer
and
Dignbey
In
this
that
it
appeareth
to
the
Court
here
,
Peter
Proby
and
Martine
Lumnly
sheriffs
of
the
City
of
London
,
whereas
in
truth
Martine
Lumnly
was
not
then
sheriff
of
the
said
City
but
certaine
Martain
Lumnley
and
the
said
Peter
Probey
were
then
sheriffs
of
the
said
City
,
&c.
M
23.
and
24.
Eliz.
rot.
339.
Midd.
ss.
For
that
the
same
R.
by
vertue
of
the
publishing
of
the
utlawry
aforesaid
,
5
exactus
.
to
wit
the
27.
day
of
Ap.
An.
&c.
came
here
into
the
court
and
then
proved
a
writ
of
the
said
Lady
the
Queen
of
Super
quia
improvide
,
For
that
the
said
Writ
of
Exigi
fac
.
whereupon
the
said
R.
is
utlawed
out
of
the
Court
here
erroniously
issued
,
For
that
the
said
Rob.
by
the
said
I.
C.
his
attorney
at
the
day
of
the
returne
of
the
plu.
Cap.
thereupon
and
alwaies
afterwards
before
the
issuing
forth
of
the
said
writ
of
Exigi
facias
often
times
offered
himselfe
to
answer
to
the
said
M.
in
the
plea
aforesaid
,
By
pretext
whereof
it
is
commanded
to
the
said
sheriff
of
Midd.
that
of
putting
in
Exigent
utlawing
taking
or
in
any
thing
molesting
of
the
said
same
R
,
by
occasion
of
the
premises
he
be
altogether
Superseded
,
as
by
the
said
Writ
of
Supers
,
entred
upon
Roll
in
the
Court
of
the
Queen
in
the
county
held
15.
Pas
.
Rot.
1020.
it
sufficiently
appeareth
,
And
this
the
same
I.
C.
for
the
said
R.
is
ready
to
veryfie
by
the
Record
,
And
so
the
utlawry
aforesaid
against
him
in
Forme
aforesaid
published
is
void
,
Whereupon
he
prayeth
judgment
and
that
the
said
R.
may
be
quiet
of
the
utlawry
aforesaid
,
and
discharged
from
the
court
here
and
set
at
large
,
whereupon
the
Record
being
seene
and
upon
the
oath
of
R.
U.
servant
of
the
said
I.
C.
of
his
delivery
of
the
writ
of
Sup.
before
the
publishing
of
the
utlawry
aforesaid
,
To
one
T.
L.
then
being
under
sheriff
of
the
county
of
Mi.
before
I.
Dyer
Knight
Cheife
Justice
,
here
examined
,
and
also
the
said
T.
L.
then
present
,
not
contradicting
the
reception
of
the
said
writ
.
It
sufficiently
appeareth
to
the
Justices
here
that
the
allegation
of
the
said
I.
C.
in
discharge
of
the
said
R.
from
the
utlawry
aforesaid
,
is
true
therefore
it
is
considered
that
the
said
utlawry
be
adnulled
,
and
altogether
taken
for
nothing
,
And
that
the
said
R.
upon
that
occasion
be
in
nothing
molested
or
grieved
,
but
goe
thereof
without
day
,
&c.
M
19.
Iac.
rot.
2047.
Brownlow
London
in
t
.
B.
and
E.
Oyer
of
the
return
of
the
Ex.
fac
.
prayed
,
which
being
read
,
&c.
onerari
non
because
he
saith
that
in
many
places
of
the
said
return
is
used
a
certaine
word
,
to
wit
,
Civit.
written
for
this
word
Civit.
which
word
Civit.
so
written
is
no
word
of
sense
nor
Latine
,
having
in
it
any
signification
.
Eaq
causa
,
Utla●
reversed
for
this
Word
Civit.
for
Civitat
.
H
:
12
Jac:
rot:
2265
quto
for
quinto
.
the
utlawry
reversed
by
Justice
Hutton
,
Hill
,
8.
Iac.
Rot.
3526.
Coronator
,
for
Coronatorum
H.
12.
Iac.
Rot.
1949
Brownl
.
inter
S.
and
S.
exact
and
not
written
exact
.
with
a
dash
,
T.
13
,
Iac.
Rot.
3538.
ura
for
vra
T
19.
Jac.
rot.
635.
Anino
for
Anno.
H.
11.
Ja
,
rot
3524
praedictus
for
praedictis
,
same
roll
mercii
for
marcii
.
rot
,
3522
,
mertris
for
martins
ad
Com.
Exon
,
for
ad
commit
.
Civitatis
Exoniae
.
T
,
13
Jac
,
Rot.
3527
Brownlow
,
quinto
Exactus
for
quarto
Exact.
13
,
Jacobus
Rot
,
2538
,
utlawry
that
it
appeared
not
where
the
Castle
of
Leic.
is
,
Hill.
12.
Iac.
rot
2265.
T.
13.
Iac.
rot.
3538
,
that
there
is
no
such
Feast
as
Kenelim
Rs.
and
Martiris
,
T.
13.
Iac.
Rot.
635.
for
no
returne
in
the
Writ
of
Exigi
fac-to
warrant
the
writ
,
H.
37
,
Eliz.
rot.
132.
non
comperuit
omitted
in
the
retorne
of
the
Exigi
fac
.
P.
24
,
H.
6.
rot.
24.
reversall
for
that
2.
Cap.
were
filed
,
and
not
the
plures
,
T.
9.
Iac.
rot.
129.
Crompton
,
for
that
the
Feast
at
which
the
first
hustings
were
held
,
was
before
the
Test
of
the
Exigi
fac
.
M
,
10.
Iac.
rot.
1709.
Brownlow
reversal
for
false
Lattine
,
comperuere
H.
11.
Iac.
rot.
3522.
reversall
for
that
it
appeareth
not
in
the
returne
that
the
old
sheriffs
had
delivered
the
Writ
to
the
new
.
M
21.
Iac.
rot
,
3059.
Brownlow
Norff.
ss
,
It
was
commanded
the
sheriff
that
he
should
not
omit
for
any
liberty
of
the
County
aforesaid
but
that
he
should
take
I.
B.
late
of
F.
in
the
County
aforesaid
Gent.
Executor
of
the
Testament
of
I.
B.
late
called
I.
B
,
of
F
,
in
the
County
of
Norff
,
Yeoman
,
utlawed
in
the
County
aforesaid
6
,
Ap.
An.
22.
Eliz.
at
the
suite
of
W.
Gray
Administrator
of
the
goods
and
Chattles
which
were
of
R.
G.
who
dyed
intestate
,
&c.
the
like
for
B.
in
a
plea
of
debt
whereof
he
is
convicted
if
,
&c.
And
safely
,
&c.
so
that
he
should
have
his
body
here
at
this
day
,
to
wit
,
in
Oct.
Martini
,
to
doe
and
receive
what
the
Court
of
the
Lord
the
King
shall
consider
of
him
in
that
behalf
.
in
Oct.
S.
Martini
the
sheriff
of
the
said
County
of
Norff.
to
wit
,
R.
B.
Baronet
retorneth
that
the
said
I.
H
:
12
Jac:
rot:
829.
tiel
:
H
:
45
Eliz:
rot:
2834.
generall
pardon
pleaded
by
the
Executor
for
him
that
died
utlawed
.
is
dead
,
And
hereupon
came
in
to
the
Court
one
R.
S.
of
F.
in
the
county
aforesaid
Gent.
Administrator
of
the
goods
and
Chattles
which
were
of
the
said
James
in
his
proper
person
and
saith
that
the
said
Iames
after
the
publishing
of
the
said
utlawry
,
to
wit
,
The
8.
day
of
Ianuary
An.
20
Rs.
nunc
,
at
F.
aforesaid
dyed
intestate
,
&c.
And
that
the
administration
of
the
goods
and
chattles
which
were
of
the
said
I.
at
the
time
of
his
death
by
Robert
Redmaine
Doctor
of
laws
,
&c.
The
tenth
day
of
Ianuary
An.
Dom.
1622.
at
F.
aforesaid
to
the
said
administrator
after
the
death
of
the
said
Iames
was
committed
,
and
he
bringeth
here
into
the
Court
the
letters
administratory
of
the
said
Officiall
,
which
the
commission
of
the
administration
aforesaid
in
Forme
aforesaid
testifie
,
&c.
whose
date
is
the
same
10.
day
of
Ianuary
An.
Dom.
1622.
abovesaid
and
for
the
securing
of
the
goods
and
chattles
which
were
of
the
said
I.
at
the
time
of
his
death
from
the
utlawry
aforesaid
he
prayeth
the
hearing
of
the
return
of
the
said
writ
de
Exigi
Faciend
.
whereupon
the
said
Ia.
at
the
suit
of
the
said
William
was
utlawed
,
And
it
is
read
unto
him
in
these
words
Norff.
At
my
county
held
at
the
castle
of
Nor.
within
the
shiere-house
in
the
county
aforesaid
the
25.
day
of
December
An.
Reg.
24
within
written
,
The
within
named
I.
B.
was
the
first
time
called
&
appeared
not
,
&c.
meum
Tent.
which
should
denote
and
declare
the
name
of
the
County
aforesaid
is
omitted
out
of
the
said
return
whereby
no
first
county
by
the
law
of
the
land
was
held
,
To
which
the
said
Iames
in
his
life
time
could
render
himselfe
to
the
said
sheriff
of
No.
to
save
himselfe
from
the
utlawry
aforesaid
,
And
for
that
cause
and
others
being
in
the
retorne
aforesaid
,
That
retorne
is
insufficient
in
law
And
this
he
is
ready
to
verifie
whereupon
he
prayeth
judgment
that
the
utlawry
aforesaid
may
be
reversed
avoided
and
taken
altogether
for
nothing
,
and
that
the
goods
and
chattles
which
were
of
the
said
Iames
at
the
time
of
his
death
in
the
hands
of
the
said
administrator
to
be
administred
may
be
discharged
from
the
utlawry
aforesaid
and
hereupon
the
said
retorne
being
seen
,
And
by
the
Justices
here
fully
examined
and
understood
,
It
seemeth
to
the
Justices
here
that
the
utlawry
aforesaid
shall
be
reversed
,
vacated
,
and
taken
altogether
for
nothing
and
that
the
goods
and
chattels
which
were
of
the
said
Iames
at
the
time
of
his
death
being
in
the
hands
of
the
said
administrator
to
be
administred
,
be
discharged
from
the
utlawry
aforesaid
,
&c.
Jac.
rot.
2990.
Page
London
ss.
Hugh
ap
David
against
Williams
in
debt
,
the
Exigent
awarded
retorned
8.
Mich.
4.
Jan.
the
utlawry
is
entred
upon
the
Role
,
and
afterwards
the
25.
day
of
Aprill
10.
Iacobi
,
Henry
Williams
administrator
of
the
said
W.
Williams
comes
&
shewes
his
letters
of
administration
,
and
prayeth
hearing
of
the
writ
of
Exigent
with
the
returne
thereof
,
And
prayeth
that
the
goods
in
his
hands
may
be
discharged
from
the
said
utlawry
,
because
the
Exigent
and
the
returne
thereof
are
erronious
,
And
the
utlawry
for
error
was
reversed
,
And
that
the
goods
and
chattles
which
were
of
the
said
intestate
at
the
time
of
his
death
being
in
the
hands
of
the
said
Henry
should
be
discharged
from
the
utlawry
aforesaid
,
&c.
Iac.
rot
Brownlow
Norff.
ss.
It
was
commanded
the
sheriff
,
&c.
utlawry
reversed
by
the
administrator
,
which
being
read
,
&c.
and
the
administrator
prayeth
hearing
of
the
Roll
of
the
Exigent
And
it
is
read
unto
him
,
&c.
which
being
read
,
&c.
the
said
administrator
saith
that
the
record
is
vitious
and
defective
in
law
in
this
,
to
wit
,
That
in
divers
places
of
the
record
aforesaid
is
written
,
Edmindo
for
this
word
Edmundo
,
which
said
word
Edmundus
is
a
name
of
Baptisme
,
and
that
there
is
not
any
such
word
Edmindus
,
as
it
is
written
in
the
Record
aforesaid
,
And
that
in
the
Record
aforesaid
is
written
recuperuit
,
whereas
it
ought
to
be
written
or
thographically
Recuperavit
,
and
not
Recuperuit
,
And
in
the
Record
aforesaid
there
are
materiall
Words
omitted
,
To
wit
,
quodam
Debito
in
these
words
,
de
&
quadraginta
so
that
by
the
omission
of
those
materiall
words
aforesaid
,
The
Record
aforesaid
is
altogether
imperfect
,
And
this
the
said
administrator
is
ready
to
verifie
by
the
same
Record
of
the
Term
of
the
holy
Trinity
An.
16.
Reg.
Rot.
1297.
in
the
Court
of
the
Lord
the
King
now
here
remayning
,
whereupon
he
prayeth
judgment
and
that
the
utlawry
aforesaid
may
be
reversed
,
&c.
Jac.
rot.
Brownlow
Sussex
ss.
inter
Smith
and
T.
utlawed
in
Com.
Sussex
,
And
prayeth
hearering
of
the
Exigent
Role
and
it
is
read
unto
him
,
untill
and
it
commanded
to
the
sheriff
of
K.
that
in
his
full
county
he
make
proclamation
to
the
said
David
,
&c.
And
the
proclamation
in
the
Margent
is
awarded
in
Sussex
,
which
being
read
he
saith
that
the
record
is
vitious
in
it selfe
,
to
wit
,
in
this
that
in
the
body
of
the
record
aforesaid
,
it
is
commanded
to
the
sheriff
of
Kent
that
he
should
make
proclam
the
said
David
according
to
the
Form
of
the
statute
in
this
case
made
and
provided
,
And
in
the
margent
of
the
said
record
it
appeareth
that
the
said
writ
of
proclamation
to
be
adjudged
to
the
sheriff
of
Sussex
and
so
it
appeareth
that
the
record
aforesaid
is
varying
uncertaine
and
contrary
in
it selfe
,
And
that
searching
the
writ
retornable
in
Cro.
Trin.
of
the
sheriff
of
the
county
of
Kent
,
noe
Writ
of
proclamation
against
the
said
David
was
retorned
by
the
said
sheriff
of
Kent
whereby
the
utlawry
aforesaid
against
the
said
D
,
in
Form
aforesaid
published
and
had
is
void
and
of
no
force
nor
effect
in
Law
,
Whereupon
the
record
being
seene
,
and
the
Writs
of
the
said
county
of
Kent
,
of
the
said
Cr.
Trin.
filed
in
court
here
being
searched
fully
examined
and
understood
,
it
seemeth
to
the
said
justices
here
that
the
alilegation
of
the
said
David
is
discharged
of
the
utlawry
aforesaid
,
is
true
,
&c.
H
22.
Jac.
rot.
2426.
Brownlow
.
Lond.
ss.
B.
and
P.
at
the
suit
of
C.
the
utlawry
reversed
for
that
the
first
county
was
held
14.
Iu.
22.
and
the
2.
Counties
was
held
9.
August
22.
Jac.
which
being
read
and
heard
,
&c.
Onerari
non
,
June
an.
22.
abovesaid
and
the
said
county
at
which
the
said
John
and
Eliz.
were
the
second
time
called
was
held
the
said
9.
day
of
August
An.
22.
abovesaid
,
whereas
in
truth
the
said
second
county
the
9.
day
of
July
An.
22.
abovesaid
being
the
Moneth
next
following
the
moneth
of
June
,
in
which
the
said
first
County
was
,
as
is
aforesaid
,
held
,
by
the
sheriff
of
the
county
aforesaid
,
ought
to
have
beene
held
,
&
so
by
the
retorn
aforesaid
it
suficiently
appeareth
that
the
said
5.
counties
by
the
sheriff
said
for
the
county
aforesaid
in
form
aforesaid
held
,
&
at
which
the
said
Iohn
and
Eliz.
in
forme
aforesaid
were
called
,
Were
not
held
from
moneth
to
moneth
successively
one
after
an
other
,
as
by
the
law
of
the
land
by
the
said
sheriff
they
ought
to
have
been
held
,
And
this
they
are
ready
to
verifie
whereupon
,
&c.
T
8.
Iac.
rot
4640.
which
being
read
and
heard
onerari
non
,
Exi
.
fac
.
so
that
the
utlawry
aforesaid
against
the
said
Ric.
the
second
calling
of
him
the
said
R.
upon
the
Writ
aforesaid
being
omitted
,
was
published
and
had
so
that
the
utlawry
aforesaid
against
him
the
said
R.
so
published
and
had
is
void
,
and
this
,
&c.
The
utlawrie
is
reversed
,
Plu.
cap.
in
the
close
of
the
Exigent
.
H
22.
Iacobi
rot.
1404.
Ianuaii
for
Ianuarii
.
H.
7.
Iac.
rot.
3503
,
utlawry
reversed
,
for
omitting
the
retorn
of
the
plu.
cap.
in
the
close
of
the
Exigent
.
P
10.
H.
4.
rot
337.
One
renders
himselfe
prisoner
to
the
Fleet
upon
an
utlawry
,
And
because
it
appeareth
that
the
exigent
was
not
entred
upon
record
in
any
other
Terme
,
he
is
discharged
of
the
utlawry
and
set
at
large
,
Norff.
I.
at
the
suit
of
D.
Veiwe
.
Iac.
roll.
485.
Wolastone
,
City
of
Yorke
ss.
It
was
commanded
the
sheriffs
that
without
delay
they
should
cause
to
be
had
to
the
Gardian
searcher
or
master
of
the
Scoole
and
Elemosinary
poore
of
the
Hospitall
of
S.
Iohn
the
Baptist
in
K.
R.
the
view
of
one
Mesuage
with
the
appurtenances
in
the
parish
of
Arpon
the
pavement
which
William
Lister
in
the
court
here
claimeth
against
them
as
his
right
by
writ
of
the
Lord
the
King
de
forma
donationis
in
discendere
,
and
that
it
should
be
said
to
4.
Knights
who
should
be
present
at
that
view
,
That
they
should
be
here
at
this
day
,
to
wit
,
in
Cr.
Trin.
to
testifie
the
said
view
,
And
that
they
should
have
here
the
names
of
the
Knights
and
that
writ
,
and
now
here
at
this
day
came
aswell
the
said
W.
L
,
as
the
Gardian
,
&c.
by
their
attorneys
aforesaid
and
upon
this
,
tres
Trin.
because
the
plea
aforesaid
had
his
last
continuance
untill
Oct.
Pur.
Beat.
Mariae
last
past
,
Therefore
at
the
petition
of
the
demandant
,
Cr.
Anim.
And
in
the
meane
while
,
&c.
at
which
day
here
came
the
parties
,
&c.
by
their
attornies
and
the
sheriff
sent
not
the
Writ
,
Therefore
let
another
Writ
thereof
be
made
in
Form
aforesaid
retornable
here
tres
Pas
.
the
same
day
is
given
to
the
same
W.
L
here
,
&c.
TRin.
11.
Iac.
roll
3388.
Goldesburgh
Ebor.
ss.
The
sheriff
was
commanded
that
he
should
attach
William
Denton
so
that
he
might
have
him
here
(
at
such
a
day
)
to
answer
W.
H.
Gent.
one
of
the
attornies
,
Chancery-lane
London
came
the
said
W.
D.
in
his
proper
person
under
the
custody
of
the
sheriff
of
the
county
aforesaid
,
And
hereupon
one
R.
W.
of
Cliffords
Inne
London
being
present
in
his
proper
person
before
the
said
Justices
undertooke
for
the
said
W.
D.
H
:
8.
b.
8
rot.
1.
an
appearance
entred
upon
an
attachment
upon
an
information
.
in
the
summe
of
20
l.
and
the
said
William
D.
assumed
for
him selfe
in
the
summe
of
40
l.
to
have
the
body
of
the
said
W.
D.
here
in
court
from
day
to
day
at
every
day
of
pleading
,
untill
the
plea
be
determined
and
judgment
be
thereupon
given
,
and
also
if
it
happen
judgment
in
the
same
plea
to
be
adjudged
for
the
same
W.
Hamp
.
against
the
said
W.
Denton
,
would
satisfie
,
or
render
his
body
in
execution
to
the
prison
of
the
said
Lord
the
King
of
the
Eleet
upon
that
judgment
which
said
sum
of
20
l.
the
said
R.
acknowledged
to
be
made
out
of
his
lands
and
chattles
and
which
said
summe
of
40
l.
the
said
Will
.
Denton
acknowledged
,
T
28.
H.
8.
rot
328.
de
consuetudinibus
and
Servitiis
.
M
2.
and
3.
P
,
and
M.
rot.
315.
Norff.
ss.
de
ingru
.
in
le
per
,
And
that
he
should
say
to
4.
Knights
who
would
be
present
at
that
view
that
they
should
be
here
at
this
day
,
to
wit
,
tres
Mich.
to
testifie
the
said
view
,
And
now
here
at
this
day
came
aswell
the
said
G.
by
I.
C.
his
attorney
as
the
said
T.
by
P.
P.
his
attorney
,
And
the
sheriff
,
to
wit
,
I.
S
,
now
retorneth
that
none
on
the
part
of
the
said
demandant
came
to
shew
the
said
sheriff
the
Mannors
aforesaid
,
and
for
that
default
he
could
by
no
meanes
execute
the
execution
and
command
of
that
Writ
,
As
that
Writ
in
it selfe
doth
exact
and
require
,
Therefore
as
before
let
the
said
Thomas
have
view
of
the
Mannors
aforesaid
with
the
appurtenances
,
the
same
day
is
given
aswell
to
the
said
George
as
to
the
said
Thomas
here
,
&c.
in
Cr.
Pur.
and
in
the
meane
time
,
&c.
THat
the
view
ought
to
be
examined
in
an
assize
and
Wast
,
and
that
there
ought
to
be
6.
Venire
Facias
.
P
3.
and
4.
P.
and
M.
rot.
126.
Whotly
London
,
It
was
commanded
the
sheriffs
whereas
I.
N.
late
of
,
&c.
lately
in
the
Court
of
the
Lord
Edward
late
King
of
England
the
6
,
N.
An.
Reg.
nunc
primo
,
comming
into
the
Court
of
the
said
Lady
the
Qu.
now
before
the
Justices
of
the
said
Lady
the
Queen
of
the
bench
here
,
to
wit
,
fol:
123
E
:
according
to
thi
writ
of
Ven:
fac
.
for
the
debt
and
damages
aforesaid
be
thereof
levied
and
further
the
said
sheriff
to
the
said
justices
of
the
said
Lady
the
Queen
here
,
to
wit
,
at
Westminster
aforesaid
retorned
that
105
l.
in
ready
moneys
which
were
of
the
said
T.
the
same
day
of
the
judgment
aforesaid
therein
given
he
likewise
delivered
to
the
same
I.
to
hold
to
him
the
goods
and
Cattle
aforesaid
as
his
owne
goods
and
Chattles
for
the
residue
of
the
said
105
l
,
for
the
Debt
and
Damages
aforesaid
,
And
because
the
King
and
Queene
now
by
the
information
of
the
said
T.
B.
know
,
Scire
Fac.
Pl.
101.
P.
32.
E.
3.
that
although
the
said
moyety
of
the
said
Lands
and
Tenements
of
the
same
T.
B.
so
delivered
to
the
said
I.
M.
did
only
extend
unto
62
l.
notwithstanding
the
said
I.
N.
aswell
of
the
issues
and
profits
of
the
moyety
aforesaid
,
whose
true
value
doth
extend
it selfe
to
a
greater
value
then
the
extent
aforesaid
as
also
of
the
woods
and
under-woods
growing
upon
the
same
moyety
by
the
same
I.
N.
lately
cut
downe
and
solde
150
l.
above
the
said
406
l.
for
the
Debt
and
Damages
aforesaid
hath
now
levied
whereupon
he
supplicates
the
King
to
be
by
the
King
and
Queen
provided
of
a
fit
remedy
,
Testat
cap.
awarded
to
the
sheriff
of
Mid.
ad
compuandum
.
quaere
de
hoc
.
The
parties
come
by
attornies
Vic.
retorneth
a
Sup.
At
which
said
15.
Pas
.
came
the
said
T.
B.
by
F.
M.
his
attorney
And
the
sheriffs
,
to
wit
,
T.
and
I.
now
retorned
that
the
said
I.
is
not
found
,
&c.
And
hereupon
it
is
testified
in
the
Court
of
the
King
and
Qu.
here
that
the
said
I.N.
doth
hide
and
run
from
place
to
place
in
the
county
of
Midd.
Therefore
it
is
commanded
to
the
sheriff
of
the
said
County
of
Midd.
that
he
take
the
same
I.
N.
if
&c.
and
safely
,
&c.
so
that
he
may
have
his
body
here
tres
Trin.
to
accout
and
shew
in
Form
aforesaid
&c.
And
now
here
at
the
said
tres
Trin.
came
aswel
the
said
T.
B.
by
his
attorney
aforesaid
as
the
said
I.
N.
by
F.
M.
his
attorney
,
and
the
sheriff
of
Midd.
to
wit
,
T.
and
F.
now
retorned
that
after
the
receipt
of
the
said
writ
of
Capias
I.
N.
delivered
to
the
said
sheriff
a
Writ
of
the
Lord
the
King
and
the
Lady
the
Queen
of
Sup.
by
which
Writ
the
same
sheriff
as
to
the
taking
of
the
same
I.
N.
could
not
proceed
,
And
hereupon
the
same
T.
B.
saith
that
after
15.
Hillarii
An.
Regin.
1.
Registred
judiciale
fo
14.
such
a
writ
against
tenant
by
Elegie
.
of
1200
Oakes
and
340.
Beech
Trees
and
under-woods
,
to
wit
,
C.
cart
loade
of
underwood
to
the
value
of
200
l.
late
growing
in
the
said
Moyety
late
cut
down
and
sold
by
the
same
I.
N.
Cl.
above
the
said
206
l.
levied
thereof
for
Debt
and
Damnges
aforesaid
,
whereupon
he
prayeth
judgment
and
that
the
said
I.
N.
may
account
with
the
said
T.
B.
&c.
and
also
prayeth
delivery
of
the
Tenements
aforesaid
to
the
said
T.
B.
to
be
done
&c.
I.
N.
before
delivered
,
ought
not
to
be
redelivered
to
the
same
T.
saith
,
neither
sheweth
whereby
the
same
B.
de
Reliberand
,
to
the
same
T.
B.
the
moyety
aforesaid
to
the
said
sheriff
of
Warr.
to
be
directed
,
and
it
is
granted
him
retornable
in
Cr.
S.
Martin
,
&c.
Cr.
Pur.
At
which
day
here
came
the
said
Jurors
,
And
hereupon
for
certaine
causes
the
Court
here
moving
,
further
day
is
given
them
by
the
court
here
to
inquire
of
and
upon
the
premisses
untill
,
tres
Sept.
Pas
.
At
which
day
here
came
the
Jurors
aforesaid
,
who
say
upon
their
oath
that
whereas
otherwise
,
to
wit
,
in
the
Term
of
S
,
Hillary
An.
Rs.
nunc
,
17.
before
Io.
Br.
Knight
and
his
associats
then
Justices
of
the
Lord
the
King
of
the
Common
bench
at
Westminster
,
one
1.
Allen
Knight
prosecuted
a
certaine
account
of
debt
against
Robert
Hodgson
late
of
,
R
,
Swinlow
his
attorney
appearing
in
the
defence
by
him
made
,
saith
nothing
in
Bar
of
preclusion
of
the
action
of
the
said
I.
A.
aforesaid
for
which
it
was
then
considered
there
that
the
same
I.
should
recover
against
the
said
R.
his
debt
aforesaid
and
his
damages
by
occasion
of
the
detayning
of
that
debt
as
it
appeareth
in
the
same
Term
rot.
325.
and
the
same
R.
afterwards
for
that
cause
was
put
into
the
Hustings
of
London
to
be
utlawed
,
and
for
that
cause
afterwards
was
utlawed
as
it
doth
appeare
in
Trinity
Term
An.
Rs.
nunc
18.
rot.
260.
and
afterwards
,
to
wit
,
12.
November
An
,
Rs.
nunc
21
,
at
Westminster
in
the
county
of
Midd.
in
the
Tresure-house
there
whereunto
the
records
of
the
Lord
the
K.
belong
to
the
Common
Bench
,
under
the
custody
of
Geo.
Roll
Clearke
of
the
Tresury
aforesaid
were
kept
these
,
words
or
sayings
,
to
wit
,
Wassan
and
Sinhowe
,
by
the
procurement
of
the
said
Ro.
Hodgson
were
rased
,
to
the
intention
to
vacat
and
altogether
to
make
null
the
utlawry
aforesaid
,
and
of
the
same
word
or
saying
,
called
Wassand
,
was
made
warrand
,
and
of
the
same
word
or
saying
of
the
name
of
the
attorney
of
the
said
Robert
Hodgson
called
Swinhow
,
the
letter
H.
at
the
end
of
the
same
Writ
was
cased
and
abstracted
,
and
the
letter
H.
was
made
the
letter
B.
so
that
the
name
of
his
attorney
on
the
plaint
aforesaid
,
by
the
procurement
of
the
said
Ro.
Hodgson
by
reason
of
the
said
rasure
now
is
,
Swinbowe
,
in
contempt
of
the
Lord
the
King
,
but
who
or
whom
rased
that
record
,
the
Jurors
hithrto
are
altogether
ignorant
,
and
hereupon
the
Jurors
aforesaid
have
further
day
to
inquire
of
and
upon
the
premisses
,
to
wit
,
untill
the
feast
of
St
,
Iohn
Baptist
then
next
following
,
&c.
At
which
day
here
came
the
Jury
aforesaid
and
upon
this
day
is
further
given
to
the
Jury
aforesaid
to
inquire
of
and
upon
the
premisses
here
untill
15.
Mich.
then
next
following
,
&c.
Withernam
.
P
44.
Eliz.
rot.
1201.
ss.
It
was
commanded
the
sheriff
,
ad
Deliberan
.
averia
capt
.
in
Withernam
upon
an
nonsuit
beore
appearance
.
whereas
W.
H.
bad
been
summoned
to
be
in
the
Court
of
the
Lady
the
Queene
here
,
to
wit
at
Westminster
to
answer
I
,
K
,
of
a
plea
wherefore
he
took
a
certaine
Oxe
of
the
said
I.
and
him
unjustly
detayned
against
sureties
and
,
pledges
,
&c.
The
same
I.
afterwards
in
the
same
Court
of
the
Lady
the
Queen
here
,
to
wit
,
at
Westminster
made
default
,
by
which
it
was
considered
in
the
same
court
of
the
said
Lady
the
Qu.
here
that
the
same
I
,
and
his
pledges
of
prosecuting
should
be
thereof
in
mercy
,
And
that
the
same
W.
should
goe
thereof
without
day
,
and
that
he
should
have
retorne
of
his
Oxe
aforesaid
whereupon
it
was
commanded
to
the
same
sheriff
,
entry
of
a
w
it
of
Capias
in
withernam
in
like
case
.
H.
19
:
7
:
rot.
401.
like
entry
P
:
44
Eliz.
rot
:
1935
inter
.
L
:
and
P
:
and
others
that
without
delay
he
should
make
retorne
of
the
said
Oxe
to
the
same
W.
And
should
not
deliver
him
at
the
complaint
of
the
said
I.
without
a
Writ
of
the
said
Lady
the
Queen
that
of
the
said
judgment
should
make
expresse
mention
,
And
in
asmuch
,
&c.
he
should
make
appare
here
in
Cr.
Pur.
last
past
,
And
the
same
sheriff
to
the
Justices
of
the
said
Lord
the
King
here
at
this
day
retorned
,
that
before
the
comming
of
the
Writ
aforesaid
,
the
said
Oxe
was
inlarged
by
the
same
J.
to
places
altogether
to
him
unknown
,
so
that
he
could
not
make
retorne
of
the
Oxe
aforesaid
to
the
said
W
as
by
the
said
Writ
to
him
is
was
commanded
,
Therefore
,
&c.
that
of
the
cattle
of
the
same
I.
to
the
value
of
the
Oxe
aforesaid
before
taken
,
he
should
take
in
Withernam
,
and
should
deliver
them
to
the
said
W.
to
hold
to
him
untill
the
Oxe
aforesaid
before
taken
,
could
be
retorned
,
And
that
he
should
put
by
Sureties
and
Sure
pledges
,
the
said
I.
that
he
should
be
here
at
this
day
,
to
wit
,
A
die
Pas
in
un
.
mensem
,
to
answer
aswell
the
said
Lady
the
Queen
of
the
contempt
,
as
to
the
said
W.
of
the
Damages
and
injuries
to
him
in
this
behalfe
done
,
&c.
And
now
here
at
this
day
came
aswell
the
same
I.
by
I.
P.
his
attorney
as
the
same
W.
by
P.
K.
his
attorney
and
the
sheriff
to
wit
,
H
V
Esquire
now
retorneth
that
he
by
vertue
of
the
Writ
aforesaid
to
him
directed
took
in
Withernam
three
Cows
of
the
goods
&
cattles
of
the
said
I
;
And
caused
them
to
be
delivered
to
the
said
W
,
to
hold
to
him
untill
the
Oxe
aforesaid
before
taken
might
be
retorned
,
And
that
the
said
I
was
attached
by
his
cattles
to
the
value
of
12
d.
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
,
&c.
and
is
fined
by
the
Justices
here
to
3
s.
4
d.
which
by
the
command
of
the
Justicas
here
,
he
paid
to
R.
B.
Esquire
cheife
Prothonotary
of
the
Court
of
the
Common
bench
of
the
said
Lady
the
Queen
here
for
necessary
reparations
of
the
Court
here
don
and
to
be
don
,
2
:
Deliverance
,
after
the
Recognizance
.
Fit
:
Na:
br:
fo:
72
:
D
:
Therefore
the
same
I.
may
goe
thereof
without
day
,
&c.
or
quiet
,
&c
,
And
hereupon
the
same
I.
by
the
statute
&c.
prayeth
a
Writ
of
the
Lady
the
Queen
,
de
secund
delib
.
And
it
is
granted
him
retornable
here
in
Cr.
S
▪
Trin.
,
and
also
the
same
I.
in
the
said
Court
here
found
pledges
of
new
as
well
to
prosecute
his
claime
,
as
to
retorn
to
the
same
W
,
the
Oxe
aforesaid
before
taken
,
or
the
price
of
the
same
cattle
,
if
retorne
thereof
be
adjudged
;
to
wit
,
I
P
of
,
&c
,
under
the
penalty
of
the
said
I
K.
20
l.
and
I.
G.
of
,
&c.
under
the
penalty
of
the
same
I
P
and
I
G
of
40
l.
&c.
whereupon
the
sheriff
was
commanded
that
without
delay
he
make
deliverance
to
the
same
I
of
the
cattle
aforesaid
taken
in
Withernam
,
Cr.
S.
Trin.
&c.
and
that
he
should
put
by
sureties
and
safe
pledges
the
said
W.
that
he
should
be
here
at
this
day
,
or
the
said
Term
,
to
answer
to
the
same
I.
of
the
taking
of
the
Cattle
aforesaid
before
taken
,
&c.
The
like
in
Hill.
12.
Ja.
rot
.
T
:
9
:
Iac
,
rot
11
:
Brownlow
in
t
:
Smith
and
al
:
Mich:
16
:
Ia
:
rot:
505
:
Mich
34
:
and
34
:
Eliz:
rot:
617.
after
entry
of
the
pledges
.
&c.
thus
after
wards
,
to
Wit
,
at
the
said
Cr
:
Trin.
came
the
said
I
:
by
his
attorney
aforesaid
and
by
the
statute
,
&c.
prayeth
a
writ
second
deliverance
&c.
2280
Brownlow
between
Wenworth
and
Wilton
:
See
Mich
10.
Jac
rot.
393.
or
2393.
between
Loueday
and
White
,
like
pledges
,
&c.
Note
that
in
this
case
the
Plaintiff
prayeth
that
the
defendants
attorney
present
in
Court
might
gage
to
him
deliverance
of
the
cattle
taken
in
Withernam
,
And
Serieant
Pelham
mooved
the
Court
,
Gage
deliverance
prayed
&
denyed
.
that
the
course
was
such
,
and
shewed
a
president
in
Hill.
15.
Eliz
,
rot.
708
,
where
a
demurrer
was
upon
the
like
point
,
and
was
adjudged
that
the
Attorny
should
gage
deliverance
for
his
Clyent
,
and
also
he
vouched
the
authority
,
but
notwithstanding
that
the
court
held
such
course
to
be
very
inconvenient
for
the
attorneys
,
and
there
upon
adjudged
,
that
a
Writ
should
issue
out
to
the
sheriffs
,
to
deliver
the
cattle
taken
in
Withernam
,
as
in
this
president
,
which
note
.
ALso
at
the
said
Cr.
ANd
also
that
Justice
Glanvill
said
that
he
who
shall
have
Cattle
in
Withernam
,
cannot
sell
them
,
or
kill
them
,
M
36.
and
37.
Eliz.
rot.
2640.
Brownlow
,
An
entry
as
in
the
president
before
the
entry
of
the
pledges
de
novo
at
the
end
of
the
recognizances
,
And
hereupon
the
same
T.
prayeth
that
the
said
W
,
may
gage
to
him
deliverance
of
the
cattle
aforesaid
taken
in
Withernam
,
in
Forme
aforesaid
which
said
W.
to
gage
deliverance
of
the
same
Cattles
in
forme
aforesaid
taken
in
Withernam
,
here
in
Court
refused
,
Therefore
it
is
commanded
to
the
sheriff
of
Devo
.
that
those
cattle
taken
in
Withernam
in
Form
aforesaid
,
without
delay
he
cause
to
be
delivered
to
the
same
T.
and
what
,
&c.
The
sheriff
make
appeare
here
&
c..
in
Oct.
Hill
,
&c.
P
11.
Jac.
rot.
2446.
Walter
,
Sommerset
Int.
P.
and
P.
such
an
entry
after
Cap.
in
Withernam
entred
and
pledges
found
if
retorne
thereof
should
be
adjudged
,
to
wit
,
W.
R.
and
H.
W.
Subpoena
10
l.
which
the
same
W.
and
H
,
have
acknowledged
,
and
both
of
them
do
acknowledg
to
be
made
of
their
Goods
and
Chattles
&
to
the
use
&
behoof
of
the
avowant
to
belevied
,
If
it
shal
happen
the
said
R.
not
to
make
deliverance
of
the
Cattle
aforesaid
,
before
taken
in
forme
as
aforesaid
,
Or
not
to
satisfie
the
said
I.
of
the
price
of
the
cattle
,
and
hereupon
the
same
K.
prayeth
deliverance
of
the
said
cattle
taken
in
Withernam
as
is
aforesaid
to
her
to
be
adjudged
,
&c
,
and
because
the
said
I.
was
solemnly
called
to
gage
deliverance
and
came
not
therefore
it
is
considered
that
the
said
K.
may
have
returne
of
the
Cattle
aforesaid
taken
in
Withernam
,
therefore
it
is
commanded
to
the
said
sheriff
that
the
cattle
aforesaid
by
him
taken
in
Withernam
without
delay
he
cause
to
be
delivered
,
to
the
said
K.
and
in
asmuch
,
&c.
the
sheriff
make
to
appeare
here
in
Cr.
Trin.
&c.