THE FILACERS' OFFICE, OR, The Measne process Filacers make out before Appearance, the Nature and Forms of their several Writs, and the manner of their Proceed thereupon. Together with a Table of their Fees. Very useful for all Attorneys and Practisers of the Law, for the dispatch of their business in the Filacers Office. With an exact Table, relating to all the matters herein contained. London, Printed for Tho. Firby, and are to be sold at his shop near Grayes-Inne-Gate in Holborn. TO THE READER. Reader, THe due consideration of the daily use of the Books, both of the Theoric and Practic parts of the Law, which by public Authority have been of late Translated into English, as a motive induced me to set forth this small work, (knowing it to be useful for all Attorneys, Solicitors, and others, for the dispatch of their business in the Filacers Office.) To the end we may unmask that part of the Laws countenance that frowns upon those disobey her commands, and refuse to appear at her Courts. I have herein presented unto thee, the nature of the Filacers' Writs, the proceed thereupon, the Fees which they take, and the certain forms of their Writs, and the Entries of the same. Farewell I B A TABLE. THe Filacers' measne Process with their Office. fol. 1. A Capias ad respondendum. 3 Of a second deliverance. 5 Of a Returno habendo. ib. Of a Capias in Withernam. 7 Of the Non Omittas. 8 Of a Partitione facienda. 9 A Warrantia Chartae. 10 A Quare impedit. 12 Of Waste. 13 Inquiry of damages. 14 A scire facias upon a special Bail in the Filacers Office. ib. A Supersedeas. 17 A Writ of Dower. 18 Of a Formedon. 20 A Habeas Corpus, Deuces Tecum, Distringas nuper vic. and Dist. Bal. 21 Habeas Corpus ad respondend. 24 Of Rescous. ib. Of an Adjournment. 25 Of a Discontinuance. ib. Of special Bail. 26 New Orders concerning special Bail. 27 New Orders concerning appearances. 30 Of the Filacers Fees. 31 A Capias in Debt against a Defendant. 34 The Entry thereof. 35 An Alias Capias, and Entry thereof. 36 A Plures Capias. ib. The Entry thereof. 37 The Entry of a Capias, alias Capias and plures Capias in one Roll. ib. A Capias in trespass. 38 The Entry thereof. 39 A Capias in Assault and Battery. ib. The Entery thereof against several Defendants. 40 The Entry against Defendants in several sums. ib. Against an Executor, and another Defendant. 41 Testat. Capias. ib. The Entry thereof. 42 A Capias in Ejectment. 43 A Capias in action of Trover. 44 A Capias upon the Statute of Bankrupt. ib. The Entry, as in another Capias. 45 A Pone in Debt. ib. The Entry thereof. 46 A Pone and Capias in one Writ. ib. The Entry thereof. 47 An Alias Cap. and Alias Distringas in one Writ. 48 The Entry thereof. 50 A Pone after Essoigne, and entry thereof. 51 A Distr. in Debt upon a Pone. 52 The entry thereof. ib. A Pone in Recordure. 53 The entry thereof. 54 A Distr. after Esloigne. ib. The entry thereof. 55 Testatum Summons in Debt. ib. The entry thereof. 56 A Summon in severance. 57 The entry thereof. 58 A Pone upon a Recordare, and Entry thereof. 59 A Returno habendo. 60 The entry thereof 61 A second deliverance. 62 A Non omittas. 63 The Entry. 64 A Distr. Balivum. ib. The entry thereof. 65 A Grand-Cape in Dower upon the Summons. 67 The entry thereof. 68 The entry of an Alias Grand-Cape. 69 A Pone after an Essoin in Dower. ib. The entry thereof. 70 A Writ of view in Dower. ib. The entry thereof. 71 A Languidus upon a Capias. 72 A Habeas Corpus upon a Languide. 73 The entry thereof. 74 A Deuces Tecum upon the entry. 76 Entry of an Alias non omittas 77 Entry of a Distr. in Debito 78 Distr. and Pone in one Writ 79 Entry of a Capias and Latitat. ib. Entry of a Distr. and Pone in one Writ. 80 A Writ of view in a Formedon in Descender 81 A Magnum Cape of a Non Omit. in a Writ of Dower 82 Entry thereof 83 Entry of an Amerciament against a Sheriff, for not returning a Writ 84 An Original in Dower 85 The Sheriffs Return ib. An Alias Summon upon a Non Omit. in Dower 86 The entry thereof 88 A Distr. Nuper vic. and Entry thereof 89 A Writ of Alias Summons, where the Sheriff returneth that the plaintiff hath not found pledges to prosecute. 91 The entry thereof ib. The entry of a Writ of Debt against two Executors, where they were Summoned, the Sheriff returns the one esloined and the other to have nothing: a Distr. against the one, and a Capias against the other 93 An entry in Debt brought by one Executor against another, upon the Summons to prosecute, etc. 94 Nontu●t in a Replevin, & the awarding of the Writ of second deliverance 97 A Latitat to the Chancellor of the County Palatine of Chester, which was formerly used 98 Habere facias seisinam, upon Recovery in a Writ of Dower by default 99 The entry of seisin in Dower upon a Grand-Cape, etc. 100 A Return of a Grand Cape 101 A Writ to inquire of waist 102 The entry of the aforesaid Writ 105 A Writ of Petite-Cape, which is brought after appearance 107 The Entry thereof. 108 A Writ of seisin upon a Petite-Cape. 109 Entry thereof ib. A Writ of Withernam upon a Plur. Repleg. 111 The Entry thereof. 113 A Writ of adjournment 116 Return thereof. 117 The entry of a Non Process in a Writ of second deliverance 118 A Writ of Distr. against one, and a Distr. of Esloign against another in a Quare impedit 119 Entry thereof 120 A Pone after an Esloign, and Distr. in one Writ in a Quare impedit 121 Entry thereof 122 Distr. against a Bishop to cause the Clerks to come 123 Entry thereof 124 Entry of Quid juris clamat. 125 Distr. in a Quid juris clamat. 126 The entry of the Writ aforesaid, upon the Defenders praying a Lilo. 127 The entry of a Writ of Ravishment of Ward. 149 A Distringas in a Writ of Ravishment of a Ward 151 A Capias in Withernam upon an Averia elongat. on a Writ of Retorno habendo 152 The entry thereof 154 The entry upon a Return of a Nihil, on the Writ of Withernam 156 A Writ of Capias upon a Writ of Withernam 157 The entry thereof 160 A Latitat. upon the Capias after the Writ of Withernam 162 The entry of the Capias in Withernam where the Sheriff returns a Rescue upon the same Writ 166 A Distr. and a Deuces tecum in one Writ. 170 The entry thereof 171 A Writ of Petite-Cape, in a Writ of Formedon 172 The entry thereof 173 A Writ of Magnum Cape in a cessavit after essoin 174 The entry thereof 175 A Writ of Magnum Cape in a Writ of cessavit in Formedon ib. The entry thereof 176 A Writ of Plur. Magnum Cape in Dower 177 The entry thereof 178 A Writ of Magnum Cape, & none Omit. in a Precipe in capite 179 The entry thereof 180 The Sheriffs Return in a Mand. Balliv. Libt. 181 A Writ of Seisin in Dower 182 Seisin by default in a Writ of Dower, upon which the Sheriff returns, that the Husband died in Fee Tail, upon which a Writ is awarded of inquiry of damages in one Writ 183 A Writ of Habere facias seisinam in Dower by default, and of inquiry of the value of the damages out of the seisin of the Husband in one Writ 185 A Writ of Pone in Partition 187 A Writ of Pone in Warrantia Chartae 188 A Writ of Habeas Corpus, and Entry thereof. 189 A Capias pro fine upon a Rescous 190 The entry of a Retorno habend. 193 Habere facias seisinand. 194 Entry thereof 196 The entry of a Summons in severance upon an Alias Capias 198 The entrance of a Summons in severance upon a Plur. Cap. 200 A Distring. nup. vic. ad Habend. Corpus, where the Sheriff returns that he took the body, but had it not at the return of the Writ. 201 The entry thereof 203 A Distr. nup. vic. 204 Entry of a Distr. nup. vic. 206 A Distr. nup. vic. aliter 207 The entry of a M●gnum Cape in Dower Ret. Craft. A●imarum and per non misit, breve Magnum Cape, Ret. 8. Hillary, and thereupon a nolle prosequi 208 Entry of a Capias alias, Cap. and plures Cap. against one that was before the Plur. was returned, imprisoned in the Fleet now before you can have the benefit of your Plur. Cap. to outlaw him, etc. 210 A Pone in a Quare impedit, at the Suit of the Lord Protector 212 The entry of the Writ aforesaid 213 An alias Summons in Dower 214 Entry thereof 215 Entry of a discontinuance 218 A Pone in a Quare impedit 219 A Summons and severance in Debt 220 A Habeas Corpus to the Wardens of the Fleet ib. A Pone after an Esloign in a Quare impedit, etc. 221 Entry thereof 222 A Writ of view in Formedon 223 Entry thereof 224 An entry of a Test. in Debt ib. A Writ of Supersedeas 226 The entry of a Habeas Corpus to the Chancellor of the County Palatine. 227 The FILACERS measne process. What the Filacers their Office is, and what are the process they make out. FIlacers make out all manner of measne process upon Original Writs before appearance. But before we treat of the several sorts of their Writs, it will not be amiss to speak something of the word Filacer, & the acceptation thereof in the Law. The Office of Filacer is derived from the French word filace, a Thread, Terms lay, on which we may very fitly paraphrase thus: That it is a Thread indeed, without which in the Common-Pleas, there can be no Web, or work made, for the dispencing and administering of Right, and Justice to all: A line whose bounder is the appearance and imparlance of the parties litigant, and a rule that leadeth men so directly to their rights, that it will force the Defendants at last to appear and plead. There are 14. Filacers in the Common-Pleas, which make out all process there upon Originals, and distress infinite upon Summons returned in personal Actions, and the Capias upon the return of nihil. And all Writs in view, in case where the view is prayed, And where the appearance is with them, they enter the imparlance and the general issues in Common Actions and Judgement by confession before issue joined, and make out Writs of Execution upon them: And they make Writs of Supersedeas after a Capias awarded, when the Defendants appear in their Office, and this Officer is mentioned in the Statutes of 10. Hen. 6. c. 4. and 18. Hen. 6. cap. 9 I shall as briefly as I can treat of their Writs, and the proceed thereupon, and first of a Capias ad respondendum. Of a Capias ad respondendum, and of the proceeding thereon. It is a Writ, which before Judgement in Actions personal, as in Debt, Trespass, or Detinue, issueth after the Sheriff hath returned a nihil habet in baliva, etc. upon the Original, or Summons, and which beareth Teste from the return of the Original, and between its Teste and return hath 15. days at least. And if thereupon you cannot take the Defendant, than you may have an alias Capias, bearing Teste from the return of the Capias, or a plures Capias bearing Teste from the return of the alias Capias, ever observing that there be 15. days between the Teste and return of every one of them. And if on neither of them you can take the person, you may proceed with your pluries Capias to the outlawry against him. For each of your Process, you bring not into the Filacers by the day of the return, you are to pay 4d. as a Post diem for the filing thereof with the Custos Brevium. And for each of them you bring not in to be entered there upon the roll before the Essoin day of the succeeding Term, you are to pay a penny more as a Post Entry. And for each Writ that is not filled of the same Term it is retornable, you pay 20d. for the Post Terminum every Term the same is unfiled, which is due, and paid by the Filacers to the Custos Brevium. If you have sued out your Original in London, and the Defendants live elsewhere, and you would have them more speedily arrested, then by way of outlawery upon the Sheriffs return of non est inventus, etc. on the Capias, you may have a Testatum in the County where they live to Arrest them there. All Filacers are to enter their Writs upon Rolls of the same Term they are retornable, and the Writs after they are entered, are to be filled with the Custos Brevium. The filacers do likewise take them out upon their remembrance, marked with the number roll to the end, thereby you may know where to find your Writs entered. Of a second Deliverance. It lieth after a Replevine is brought where the plaintiff maketh default, being non-suite before Declaration, or the like, or Judgement is given against him, than he that destrained the beasts, shall have them delivered to him again by this Writ. Terms lay Replevine. Stat. 13. E. 1. cap. 2. Dyer 41. cap. 4. Of a Retorno habendo. It lieth where a Plaint is removed out of the County Court, or Court Barron, by a pone, or recordare into the Common-Bench, and after the Plaintiff in the replevine is nonsuit before any Avowry be made, (notwithstanding, this nonsuit) the party that distrained, may have again the same distress by this Writ (which is only to revive the first suit.) And the Defendant in this case cannot have a Recaption for a double distress: And after this Writ had, and Trial thereupon, or that the Plaintiff be again nonsuit before Declaration, Return irreplevisable shall be awarded to the Avowant, & then he may make his Avowry to the intent to ground a Writ to inquire of damages, or he may hold the beasts as a distress till he be satisfied: And if any Retorno habendo go forth before this Writ, this is a Supersedeas to it, & the Sheriff must not proceed upon it, F.N. B. 72. Dyer. 41.42, 280, 59 If the Sheriff upon the Retorno habendo, do return that the Cattle were esloigned then a Capias in Withernam shall be awarded to take other Cattle, and if the Sheriff return he hath no , than a Capias against the body. Of a Capias in Withernam. It is a Writ lying where he that destraineth, or the Owner of the Cattle after the distress taken, doth esloign them, or carry them out of the County, or holdeth & keepeth them in some Castle, so that the Sheriff cannot make a Replevine, or Retorno habendo (as occasion is,) then the Sheriff by this Writ may take so much of the other goods, or Cattle of the party that hath done this, instead of them: And if they be in a Castle within his County, the Sheriff may take posse Comitatus, and break into the Castle and make Replevine, 3. H. 7.1. Terms lay distr. F. N. B. 73 West. 1. cap. 17. Dyer 41.59. West. 1. c. 20. Brit. Chap. 17. Note, that whatsoever the Sheriff retorns upon the plures Replevine, it ought to be inserted and rehearsed in the Writ of Withernam: And if the Sheriff return that he hath commanded the Bailiff of the Franchise, who hath given him no answer, or that the Bailiff will not make deliverance, that then the Plaintiff shall have a non omittas directed to the Sheriff, commanding him to enter into the Franchise; and make the return, and if the Sheriff do it not, the Plaintiff shall have an alias non omittas directed to the Sheriff, and afterwards a plures non omittas, etc. Of the non Omittas. It is a Writ, and lieth where the Sheriff returneth upon a Writ to him directed, that he hath sent to the Bailiff of such a Franchise, which hath return of writs, & he hath not served the Writ, than the Plaintiff shall have this Writ directed to the Sheriff, that he himself enter into the Franchise and execute the Writ, and the Sheriff shall warn the Bailiff, that he be before the Justices at that day contained in the writ: and if he come not & excuse himself, than all the Writs judicials which shall pass out of the Court, during the same Plea, shall be Writs de non omittas, etc. and the Sheriff shall make execution of them, having that Plea, Terms lay. The Sheriff's return that he hath commanded the Bailiff of the Liberty, etc. who gave him no answer, etc. or the other return that that the Bailiff will make no deliverance, are no good returns, for by the Statute of Westminster, 1 Chap. 27. in the end of the same Statute appears, that the Sheriff upon such a return made to him by the Bailiff, ought presently to enter into the Franchise, or Liberty, & make deliverance of the thing taken. Of a Partitione Facienda. This Writ lieth, where two, or more men hold Lands, or Tenements together jointly, or in Common, and undivided, which are divideable by Law, and some of them refuse to divide them, in this case the rest may enforce them to it by this Writ to the Sheriff, who will thereupon by a Jury of the Baylywick divide it. Terms lay. Statute of 32. H. 8. cap. 10. and 32. H. 8. cap. 32. The Writs that are made out on this Writ after the Summons returned, are a Pone, and distress infinite, but before you can have your distr. you must be sure to have your Pone returned by the Sheriff, and to file it with the Filacer, which warrants the making out of the distringas, and upon that you may get an amearcement of five pounds, if the Defendant appear not, than you may have an alias distringas, doubling your issues, and so distress infinite till he do appear. Of a Warrantia Chartae. This Writ lieth for him that is enfeoffed with warranty, and is afterwards impleaded in an Assize, or other Action, in which he cannot vouch, than he may have this Writ against the Feofor, or his Heir to compel them to warrant the Land unto him, Terms ley F. N. B. fol. 134. D. A man may bring this Writ of Warrantia Chartae, etc. in what County he will, if the deed bear not date at a certain place, or County, for than he ought to bring the Writ where the deed bears date: This Writ extendeth to the warranty of Lands, etc. of an estate of , or inheritance, and not to any Chattel real personal, or mixed, saving only in case of a wardship granted with warranty. The process whereby the vouchee is called, is a Summons ad warrantizandum, and whereupon if the Sheriff return that the vouchee is sumoned, & he make default, than there is awarded a Magnum Cape ad valenciam, etc. when if he make default again, then judgement is given against the Tenant, and he to have over in value against the vouchee, but if the Sheriff return, that he hath nothing, then after a Writ of alias, and plures, a Writ of sequitur sub periculo suo is awarded, etc. And the Demandant shall not have judgement to recover in value, etc. because the vouchee was never warned. After the Summons comes a pone and then a distringas, and if the Defendant appear not an alias distringas, setting issues, etc. And so distress in infinitum, till there be appearance given. Of a Quare impedit. It is a Writ judicial that lieth, where one hath recovered a presentment to the Bishop to command him to admit his Clerk that hath recovered, and if the suit were against the Bishop alone, than this Writ may be directed to the Bishop of the Diocese, or the Metropolitan at the election of the party. And if in this case the Bishop refuse him, the party may have a quare not admisit, F. N.B. 38. or it is a Writ that lieth where a man hath an Advowson, and the Parson dieth, and another presenteth his Clerk, or disturbeth me to present, than he may have the said Writ. The Writ is a Summons at the Plaintiffs suit, and after your proceeds are the same as in the Writ of Partition by pone and distringas, etc. Of Wast. Waste is, where Tenant for Term of years, Tenant for life, or Tenant for Term of another's life, Tenant in dower, or Tenant by the courtesy, or Guardian in Chivalery, doth make waste, or destruction upon the Land, (that is to say, pulleth down the house, or cutteth down Timber, or suffereth the house willingly to fall, or diggeth the ground, than he in the reversion shall have one Writ for the waste, and shall recover the place where the waste was done, & triple damages. Terms lay. The next process after this Writ, is Pone, and upon the return thereof and filing it with the Filacer, he maketh out a distringas, and thereupon you may have an amerciament, in case the Defendant appear not. And then an alias, and a plures distringas, and further amerciaments as I told you before in other actions. Of Inquiry of Damages. It is a Writ directed to the Sheriff, whereby the Sheriff by the Oath of Jurors is to inquire of the costs, which are the expenses of the suit: And damages which contain the hindrance that the Plaintiff, or Demandant in a real, or personal action hath suffered by means of the wrong done unto him by the Defendant, or Tenant, Terms lay. Of a Scire facias, upon a special Bail in the Filacers Office. It is a Writ that issueth out after Judgement had, and obtained by the Plaintiff against the Defendant by a nihil dicit, non sum informatus, confession of the Action, Trial by nisi prius, or otherwise: And the Plaintiff having so obtained judgement against the Defendant, and perceiving that he is not easily to be arrested and taken in execution, or not sufficient to satisfy the same, but knoweth the Bail to be better able, than the Plaintiff, may at his choice leave the Defendant, and prosecute the Bail in this manner. First Judgement being entered, he must sue forth a Capias ad satisfaciendum against the Defendant directed to the Sheriff of the same County, where the Action was first laid, and get the same returned by a non est inventus, than he must procure a Writ of Scire facias from the Filacer against the Bail, if the Bail were taken by the Filacer upon the Capias, alias plures, habeas Corpus, etc. issuing out of that Office, upon which Writ, if the Sheriff return a Scire feci, then there needs no second Writ to be made, but if he return a nihil, then there must a second Writ of Scire facias, which being likewise returned with a nihil, than the two Writs of Scire facias must be taken out upon the remembrance in the Prothonotaries' Office with the returns of them, and rules thereupon given and filled accordingly, with the Custos Brevium, and thereupon if the Bail show not cause why Judgement should not be had, Judgement by default shall be entered against them in the said Prothonotaries Office, for the sum in which they became Bail as aforesaid, whereupon the Plaintiff may take execution out against them, either by fieri facias, or elegit: but not by Capias ad satisfaciendum against their persons. And in this case observe, that the Plaintiff may likewise sue and Arrest the Bail going by way of Original at the Common Law, for the sum for which they became Bail, and Arrest their bodies, either upon the Capias, or plures, or sue them to the exigent thereupon, and declare upon the said Recognizance, using all proceed therein, as in an Action of Debt, but in this the Action must be laid in the County of Middlesex, only where the Records do lie, and whence the venew out of that respect must rise. And if the Bail cannot be Arrested in the County of Middlesex, upon a Capias, etc. you may return (he cannot be found, etc. and sue forth thereupon a Testatum, and by that means Arrest them in any other County, where they may be found, observing all the proceed, as in an Action of Debt. Of a Supersedeas. It is a Writ awarded to the Sheriff commanding him to surcease for to Arrest the party, and if he have Arrested him, then that he set him at Liberty: For that the Defendant hath appeared, or found sufficient Bail for his appearance by the return of the Process, etc. See more of this Writ how and for what it may be granted in F. N. B. 591. 593. 594. Of a Writ of Dower, and of a Grand-cape and Petite-cape. It is a Writ, and it lieth, where a man is sole seized, during the Coverture between him and his wife, of Lands, or Tenements in Fee-simple, or Fee-tail, where, by possibility the issue between them may inherit, if such a man die, his wife shall recover the third part of all the Lands whereof the Husband was sole seized any time during the Coverture Terms-ley, it is called Dower, or Dowry as a gift, because the Law itself doth (without any gift of the Husband) give it to her. The Process in this Action of Dower are, First, a Summons between the Teste, and return whereof, there is 5. returns. And if the Tenant neither appear nor nor cast an Essoigne, entering a ne recipiatur, a grand Cape lies to seize the Lands, etc. for that for such his default the Tenant shall lose his Land. But if he wage his Law of non Summons, he shall save his default, and then he may plead with the Demandant. Note, that in the Grand Cape the Tenant shall be summoned to answer to the default, and further to the Demandant, but in petite Cape he shall be summoned to answer to the default only, and not to the Demandant, and it is called a petite Cape, because it includes less than the other. And if the Tenant by the return of the Summons, Essoigne, the Demandant adjourns 15. days longer, in such case the Attorney for the Tenant may enter with the Filacer that the Tenant appears, and prays view, etc. then a Writ of view goes out, whereby the Sheriff is to show the Tenant the Lands in question, which supposeth the Tenant knows not well what Lands it is that the Demandant asketh, by the return of which Writ of view the Tenant's Attorney takes a Declaration. Note, that where a default is made after appearance, there a petite Cape is to issue forth at the Demandants suit, which is made as likewise the grand Cape by the Filacer of the County where the Land lieth. Of a Formedon. There are three sorts of Formedon, viz. in Descender, in Remainder, and in Reverter. The first is where Tenant in the tail enfeoffeth a Stranger, or is disseised and dieth, the Heir shall have the Writ of Formedon in Descender to recover the Land. The second is where one gives Lands in the tail, and for default of issue the Remainder to another in the tail, and that for default of such issue the Land shall Revert to the Donor, if the first Tenant in tail die without issue, he in the Remainder shall have a Formedon in Remainder. But if the Tenant in the tail die without issue, and he in the Remainder also die without issue, than the Donor, or his Heirs shall have a Formedon in the Reverter, Terms lay. The process incident to this action are first a Summons between the Teste, and return whereof there is 9 returns, and the same Process, which are in Dower after the Summons, that is a grand Cape Writ of view and petite Cape, the proceed are much like to that of Dower. Of a Habeas Corpus, Deuces tecum Distringas nuper Vic and Distr. Bal. If upon your Capias alias, or plures, etc. the Defendant be arrested, and put in bond for his appearance to the Sheriff, you must have the Sheriff return a cepi Corpus, upon which, if the party do not appear at the return of the Writ you may give the Sheriff a Rule to bring in his body on pain of 40. s. etc. which Rule the Filacer entereth, if the Sheriff will not return this Writ of habeas Corpus, you may amearce him as before if he doth return the Writ, and brings not in the body, he can return nothing but a languidus in prisona, etc. And upon that you may have a deuces tecum licet languidus, etc. or else after the party is all rested, you may have a habeas Corpus. But if the Sheriff goeth forth of Office before he return the habeas Corpus, and delivereth it not, nor the prisoner to the next Sheriff, his Successor, there shall issue forth a distringas nuper vic against him to the Sheriff his Successor. And if the habeas Corpus be not returned, there may issue out an alias and plures distringas nuper vic ad infinitum, until the Defendant appear, and the amearcements shall be increased and doubled every time upon the distringas nuper vic, but upon the habeas Corpus, alias, or plures there shall be but 40. s. amearcements set, and the amearcements both of the distringas nuper vic, and of the habeas Corpus are entered by the Filacer, and once every half year extreated into the Exchequer. If any of the parties to be arrested, dwell within a Liberty, you must get the Sheriff to return a mandavi balivo on your Process, and upon that the course is to have a non omittas, etc. If the amerciaments be not extreted, and the Plaintiffs Attorney (to whose client the Sheriff's bond is commonly assigned) be not contented and consent that you may appear as of the same Term, the first Writ was returnable. And to accept of a Declaration, & not to delay the Plaintiff in his suit: The Court will usually order the suit upon the Sheriff's bond, to stay, or if the amerciaments be extreated, then upon the same offer, and also to take off those amerciaments the Court will order the like. A habeas Corpus ad respondendum may be granted to the Warden of the Fleet, or to the Keeper of an inferior prison of a Liberty, or Franchize, where a Capias is returned in Court non est inventus. And such Writ is to recite shortly the Capias, and to be returnable at a day certain in Court, and to be a good cause of deteiner, as well as where a Capias ad respondendum comes to a Sheriff, vide. New rules and orders. Of Rescous. It is a Writ that lieth where a man is arrested, and he himself, or another in his behalf doth rescue him. Or where any man taketh a distress, and another taketh it again from him, and will not suffer him to carry the distress with him, than he doth to him Rescous, etc. and upon that he may have this Writ, and shall recover damages for it. And if one distrain beasts for damage Fesant in his ground, and drive them in the Highway for to impound them, and in going they enter into the house of him, whose they be, and he withholdeth them there, and will not suffer the other to impound them, then that withholding is a Rescous, Terms lay. The Process incident to this Action are first a Summons, & then an Attachment and Distringas, and then alias, and plures distringas in infinitum. Of an Adjournement. An adjournement is when any Court is dissolved and determined, and assigned to be kept again at another place or time, and is compounded of two words (ad) or (all) and jour. Terms lay, in what Process adjournment lieth see in the Title of adjournment, in F. N. B. Of a Discontinuance. As there is a discontinuance of possession, which it is not to our purpose here, to treat of, so there is a discontinuance of Process, or Plea, and this is when the instant is lost, and may not be taken again, but by a new Writ to begin the suit afresh for to be discontinued, and to be put without day is all one, and nothing else but finally to be dismissed the Court of that instance, West. part. 2. tit. fines. Sect. 115. Cromptons' Jurisd. fol. 131. Note, that if you cannot arrest the party upon your first Process taken from the Filacer, you must have them carefully continued from Term to Term, otherwise if upon a second Writ the Defendant find your Writ discontinued, he may enter a discontinuance. And the want of any one continuance is error at the time of the judgement. Of special Bail. If the appearance be upon arrest by the Capias alias, or plures, than the Bail must be taken, and entered by the Filacer of the same County where the action was laid, and who made the said process. Here followeth the new orders concerning special Bail. That if the Defendant appears upon the Summons, Attachment, or distress, or by supersedeas quia improvide, or doth truly render himself upon the exigent, no Bail is requirable. That in all causes of removal, be it by habeas Corpus privilege, or Certiorari, special Bail ought to be given. That in causes where the Defendant comes in by cepi Corpus, be it debt, detinue, trespass for goods, action upon the case (except slander) if the debt, or damages amount to twenty pounds, special Bail is to be given, except it be against an Heir, Executor, or Administrator. That in Covenant, because the damages are uncertain, till declaration Bail at discretion. That in battery, conspiracy, false imprisonment no special Bail of course, without special motion and order. That in slander no special Bail, except in slander of title, wherein to be left to the discretion of the Judges. That in privilege, other than for Fees, and disbursements as an Attorney, Bail at discretion of the Court. In such case wherein a suit by a common person especial Bail is not requisite. That if Bail be given upon reversal of an Outlary, or removable by habeas Corpus, the Original to be shown upon tendering of the Declaration, otherwise the Bail not liable; unless the party, or his Attorney will voluntarily appear, or take a Declaration without showing of it. That in case of a removal out of an inferior Court, or reversal the new Original to agree in the nature of the Action, the sum in demand, and the County, otherwise the Bail not liable: but if the party will voluntarily appear to such varying Original, to be good as to the party: but if upon a cause removed by habeas corpus out of the Courts of Canterbury, Southampton, Hull, Litchfield, or Pool, which are Counties where the Judges of nisi prius seldom come, if the Action be transitory, it must be laid in the County of Kent, Southampton, York, Stafford, or Dorset, where the Town and County lieth, and the Recognizance to be taken accordingly. That the principal rendering himself at any time after Bail put in, and before or upon the day of appearance of the scire facias, returned scire feci, or of the second scire facias returned nihil, or in case there shall be an action of debt brought upon the Recognizance against the Bail, then if the principal shall render himself upon, or before the process returned served, no further proceed to be against the Bail. The new Orders concerning appearances. That appearances be duly entered with the Filacers: but if special Bail be requirable in the case, the Plaintiff not to be concluded by such appearances, if he insist upon it. That where an appearance is upon the Original Writ, if the Defendants appearance be not entered of Record, the Defendants Attorney to give his hand to the Plaintiffs Attorney, upon the delivery of the Declaration that he appeareth thereunto. That any Attorney of either Bench accepting a Warrant to appear, or subscribing a Process, Declaration, or Warrant to appear, be compelled to cause appearance, or be liable to an attachment, or put out of the Role, as the case requires, and the party not to be received to countermand such appearance after his retainer, etc. That if a Capias be returned in Court, non est inventus, against a Prisoner in the Fleet, he is compellable to appear upon a habeas Corpus ad respondendum as well at the suit of a stranger, as at his suit whereupon he is imprisoned, and to answer to a Declaration according to the rule of the Court, or that judgement be entered against him, etc. with many other Orders which tendeth not to our purpose. Having thus gone through the greatest part of the course of the Filacers' Office, and the nature of their Writs. I shall now in order set down their Fees, they take for their Writs, and the entry of them. The Filacers Fees. Inprimis. For every Capias alias, and plures in debt detinue and trespass, not having more than 4. names in a Writ and entry thereof. 6. d. If there be above 5. names it is double, and you pay for it. 1. s. Item, For delivery of every first Capias upon Record and entry thereof. 4. d. Item, For every Testatum upon any the said Writs, pone in Replevine and Summons. 1. s. Item, For every Capias alias, and plures in account Covenant Annunity, Ejectione firm, and upon penal Statutes. 1. s. Item, For every Writ in an Action upon the case, if it contains not 10. lines. 1. s. But if it contains 10. lines you pay six pence more, if 15. lines 12. pence more, so that they reckon for every 5. lines after the first 5. lines, if the Action of the case contained 10. lines, or more. 6. d. Item, For every Retorno habendo, and second deliverance before appearance, and entry thereof. 2. s. 6.d. Item, For every non Omittas and Capias in Withernham. 2. s. 6.d. Item, For every Writ of Partition, War- Item, For every writ for enquiry of damages in real actions Scire facias and Supersedeas. 2. s. Item, For every grand Cape alias summons, petite cape, and entry thereof. 2. s. 6. d: Item, for the Copy of the entry thereof. 8. d. Item, For the demandant in every, writ of view and entry thereof 2. s. 6.d. Item, For a Copy of the entry thereof. 8. d. Item, For every writ of Seisin and entry thereof 4. s. 6. d. Item, For the view prayer 2. s: Item, For a Copy of the entry thereof. 8. d. Item, For every writ of habeas Corpus, duc. coram, distring. nuper vic. and distring. ballivum. 2. s. Item, For every writ of rescous and entry thereof. 2. s. Item, For the entry of every adjournment, discontinuance and resort 4. d. Item, For every special bail and the entry thereof. 2. s. 10. d. Item, For every appearance in real and mixed Actions 4. d. Item, Upon every appearance upon writs to arrest, and the entry thereof. 1. s. Item, For searches, Copies, number Rolls, and giving of Rules, each of them 4. d. THE FORMS OF THEIR SEVERAL WRITS, AND THE ENTRIES THEREOF. A Capias in debt against one defendant only. OLIVER Lord Protector etc. To the Sheriff of Middlesex greeting, we command you that you take A. B. late of etc. if he shallbe found in your bailywick, and him safely keep, so that you may have his body before our Justices of the Common Bench at Westminster (tali die) to answer I. P. in a Plea that he render unto him 40. pounds, which to him he oweth and unjustly detaineth, as it is said. And have you there this writ, witness O. St. John at Westminster the 23 day of Ja. In the year of our Lord 1654. The entry Thereof. Mid. ss. I.P. by his Attorney offered himself the 4th. day against A.B. late of etc. in a Plea that he render to him 40 l. which to him, he oweth & unjustly detaineth &c. And he came not and the Sheriff was commanded to summon him etc. & the Sheriff returns to that, he hath nothing etc. therefore let him be taken that he may be here from the day of St. Michael in three weeks And the writ is delivered upon Record & An alias Capias. Oliver &c. (as above) we command you as heretofore we commanded you, that you take etc. ut supra ad finem. The entry Thereof. I. P. by his Attorney offered himself the 4th. day &c. (as above until) and he came not, and the Sheriff was commanded to take him etc. And the Sheriff returned that he is not found etc. Therefore as heretofore he was been commanded, let him be taken that he may be here in the morrow of All-Souls etc. A plures Capias. Oliver etc. we command you as often times we commanded you, that you take &c (as above to the end) etc. The entry thereof. M. ss. I.P. by his Attorney offered himself the 4th. day &c. (as above until) and he came not. And as heretofore the Sheriff was commanded to take him &c, And the Sheriff returned that he is not found etc. Therefore as often times he hath been commanded let him be taken that he may be here from the day of St. Martin's in 15. days etc. The entry of a Capias, al. Capias, and plures Capias all in one roll. I. P. by his Attorney offered himself the 4th. day against A. B. late of etc. in a Plea, that he render to him twenty pounds, which to him he oweth and unjustly detaineth &c. And he came not, and the Sheriff was commanded that he should summon him etc. And the Sheriff returned that he hath nothing &c. Therefore let him betaken, that he may be here in the morrow of All-Souls etc. And the Writ is delivered upon record, at which day here came the aforesaid I. P. by his Attorney and proffered himself the 4th. day against the said A. B. in the Plea aforesaid, and he came not, and the Sheriff was commanded to take him etc. And the Sheriff returned that he is not found etc. Therefore as heretofore let him be taken that he may be here from the day of St. Martin in 15. days etc. At which day here came the aforesaid I. P. by his Attorney and proffered himself the 4th. day against the said A. B. in the Plea aforesaid and he came not, and as heretofore the Sheriff was commanded to take him etc. And the Sheriff returned that he is not found etc. Therefore as often times he hath been commanded let him be taken that he may be here in Eight days of St. Hillary, etc. A Capias in trespass. Oliver Lord Protector &c. (as in others unto) in a Plea wherefore with force and arms the Close of the said A. at L. he broke and other wrongs to him did to the great damage of the said A. B. and against the public peace; And have you there this writ witness O. St. John at Westminster the _____ day of _____ In the year of our Lord 1654. The entry thereof. I. P. by his Attorney offered himself the 4th. day against A. B. late of etc. in a Plea wherefore with force and arms the Close of the said I. at C. he break and other wrongs etc. to the great damage, etc. And against the pub. peace etc. and he came not; And the Sheriff was commanded to attach him etc. And the Sheriff returned that he hath nothing &c. (as it followeth in others before.) A Capias in Assault and Battery. Oliver Lord Protector &c. (as in others unto) wherefore with force and arms upon him the said I. at C. he made an assault and him did beat wound and evil entreat so that of his life it was despaired and other wrongs to him did &c. as in the next before. The entry thereof against several defendants. If there be two defendants in debt then thus: proffered himself the 4th. day against A. B. late of etc. and against C. D. late of etc. in a Plea that each of them, (if there be three or more defendants) then in a Plea that every of them, render to him 40l. which they own him and unjustly detain, etc. The entry against defendants in several Sums. If the Sums are several then thus, against A. B. late of etc. in a Plea that he render to him twenty pounds and against C. D. late of etc. in a Plea that he render to him 10l. which they own him and unjustly detain etc. Against an executor and another defendant. (If against an Executor or administrator and another defendant then thus (against A. B. late of etc. Executor of the Testament etc. in a Plea that he render unto him 20l. which he unjustly detaineth &c. And against C. D. late of etc. in a Plea that he render unto him 20l. which to him he oweth him and unjustly detaineth &c. Testat. Capias. Oliver etc. to the Sheriff of Worcester greeting, we command you that you take A.B. late of etc. (as in other Capias unto) as it is said, and for that the Sheriffs of London have certified to our said Justices at Westminster (tali die) last passed that the said A. B. is not found their bailywick when as it is witnessed in our said Court that he doth lurk, wander and lie hid in your County, and have you there this writ etc. The entry thereof. I. P. by his Attorney offered himself the 4th. day &c. (as in others unto) and he came not, and the Sheriffs were commanded to summon him, and the Sheriffs returned that he hath nothing etc. therefore let him be taken that he may be here in the morrow of All-Souls etc. And the writ is delivered upon record, at which day here came the aforesaid I. P. by his Attorney and offered himself the 4th. day against the said A. B. in the Plea aforesaid and he came not, and the Sheriffs were commanded to take him etc. And the Sheriffs returned that he is not found etc. and thereupon it is witnessed here in Court that the said A. B. doth lurk wander and lie hid in the County of Worcester; therefore the Sheriff of Worcester is commanded to take the said A. B. if he shall be found in his bailywick, and him safely keep so that he may have his body there (tali die) to answer the said I. P. in the Plea aforesaid etc. A Capias in Ejectment. Writ as in another Capias till you come to; of a Plea, wherefore by force and arms two messages, one garden, eight Acres of land, two Acres of meadow and three Acres of pasture, with the appurtenances in H. which R. C. to the aforesaid T. P. did demise for a Term, which is not yet past, did enter and him the said T. P. from his farm aforesaid he did eject and other harms to him he did to the great damage of him the said T. P. and against the public peace etc. The entry is as in another Capias in trespass mutatis mutandis. And if you cannot arrest upon the Capias, you may as in other actions proceed to the outlary. A Capias in an Action of trover. As in another Capias till you come to in a Plea, wherefore with force and arms the Cattle of the said L. to the value of twenty pounds at London lately found he did take and carry away and other enormities etc. The entry is as in another Capias mutatis mutandis. A Capias upon the statute of Bankrupt where the Assignee sues one of the Bankrupts debtors. As in another Capias until you come to, in a Plea that he render unto B. Assignee of the goods and Chattels of W. S. Bankrupt according to the form of the statute in such case made and provided two hundred pounds, which he oweth him and unjustly detaineth as it is said and have you there this writ etc. The entry is as in another Capias. In a Capias at the suit of an heir or against an heir you must say at the end of the Plea, which he oweth him and unjustly detaineth as it is said, & in the addition of him in either of the cases you must mention in your Capias that he is heir, and whose heir he is or else the writ will abate. A Pone in debt. Oliver Lord Protector, etc. Put under security and safe pledges A. B. late of etc. that he be before our Justices of the Common Bench at Westminster from the day of Easter in 15. days to answer C. D. of a Plea that he render to him 40l. which to him he oweth and unjustly detaineth as it is said, and to show wherefore he was not before our said Justices at Westminster in eight days of the Purification of the blessed Virgin Mary last passed, as he was summoned, and have you there the names of the pledges, And this writ witness O. St. John at Westminster etc. The entry thereof. C. D. by his Attorney proffered himself the 4th. day against A. B. late of etc. in a Plea that he render unto him 40ls. which he oweth him and unjustly detaineth &c. And he came not and the Sheriff was commanded to summon him etc. And the Sheriff returned that he was summoned etc. Therefore let him be attached that he may be here from the day of Easter in 15. days. A Pone and Capias in one Writ. Oliver etc. to the Sheriff of Middlesex, greeting put under security and safe pledges A. B. late of S. Gentleman that he be before our Justices of the Common Bench at Westminster in eight days of St. Michael to answer C. D. in a Plea that he render to him 10. l. which to him he oweth and unjustly detaineth as it is said, and to show wherefore he was not before our said Justices at Westminster, from the day of Easter in 15. days last passed as he was summoned, we command you also that you take Q. F. late of C. in your County, if he shallbe found in your bailywick, & him safely keep, so that you have his body at the aforesaid Term, to answer the aforesaid C. in a Plea that he render to him C. S. etc. as it is said and have you there the names of the pledges, and this writ etc. The entry thereof. C. D. by his Attorney offered himself the 4th. day against A. B. late of T. in your County, in a Plea that he render to him 10l. And against G. F. late of N. in the County aforesaid H. in a Plea that he render to him C. s. which they own him and unjustly detain etc. and they came not, and the Sheriff was commanded to summon them etc. And as for the aforesaid A. B. the Sheriff returned that he was summoned &c. therefore let him be attached that he be here in eight days of St. Michael etc. And as for the aforesaid G. F. the Sheriff returned that he hath nothing etc. therefore let him be taken that he be here at the aforesaid Term etc. An alias Capias and an alias distringas in one Writ. Oliver etc. greeting, we command you as heretofore we commanded you that you distrain A. B. late of C. in your County Yeoman by all his lands and Cattles in your Bailie week, so that neither he, nor any for him lay hands thereupon until you receive further command from us, and that you answer us of the profits thereof, so that you may have his body before the Justices of the Common-Bench at Westminster in eight days of St. Hillary, to answer C. D. of a Plea wherefore he together with G. F. late of N. in your County Husbandmen with Force and Arms, the close of the said C. D. at N. he did break, and other wrongs to him did to the great damage of the said C.D. and against the public peace, and to hear his judgement for many defaults, also we command you as heretofore we have commanded you that you take the aforesaid G. F. if he shall be found in your Bailie week, and him safely keep so that you have his body before the said Justices of the Common-Bench at Westminster, at the aforesaid Term to answer the aforesaid C. D. of the Plea aforesaid, & have you there this Writ, etc. The Entry thereof. C. D. By his Attorney offered himself the fourth day against A.B. late of T. in the County aforesaid, Yeoman. And G.F. late of N. in the County aforesaid, Husbandman in a Plea, wherefore with Force and Arms the close of the said C. D. at M. they did break, and other wrongs, etc. to the great damage, etc. and against the public peace, etc. and they came not, and the Sheriff was commanded that he should distrain the aforesaid A. B. etc. and that he should take the aforesaid G. F. etc. and as for the aforesaid A. B. the Sheriff returned that he is distrained by his Cattles to the value of four shillings, and is mainprized by John Do, and Richard Roose. Therefore he is in mercy, etc. And as heretofore, let him be distrained that he be here in eight days of St. Hillary, etc. and as for the aforesaid G. F. the Sheriff returned that he is not found, etc. therefore as heretofore, let him be taken that he be here at the aforesaid Term, etc. A pone after Essoigne. Oliver, etc. put under security, etc. as before unto, as it is said, and to show wherefore he did not keep the day given him by his Essoigne in Court, before the Justices of the Common-Bench at Westminster from the day of Easter, in five week's last passed after he was summoned, and have you there the names of the pledges, and this Writ witness, etc. The Entry thereof. C. D. By his Attorney offered himself, etc. (as above) & he came not, & he had thence day given him by his Essoign here even unto this day (that is to say) from the day of Easter in 5. weeks after he was summoned, etc. therefore let him be attached, etc. (as before.) A distr. in Debt upon a pone. Oliver, etc. we command you that you distrain A.B. late of, etc. by all his Lands & Cattles in your Bailie week, so that neither he, nor any for him lay hands thereupon, until you receive further command from us, and that you answer us of the profits thereof, so that you may have his body before the Justices of the Common-Bench at West-minster (such a day) to answer C. D. in a Plea that he render to him 40. l. which to him he oweth & unjustly detaineth as it is said, and to hear his judgement for many defaults, and have you there this Writ witnsse, etc. The Entry thereof. C. D. By his Attorney offered himself the fourth day against A. B. late of, etc. in a Plea that he render to him 40. l. which to him he oweth and unjustly detaineth, etc. and he came not, and the Sheriff was commanded to attach him, etc. and the Sheriff returned that he is attached by his pledges John Roose, and Richard Roose, therefore they are in mercy, etc. and let the said A. B. be distrained that he be here (tali die) etc. A Pone in a Recordure. Oliver, etc. Put under security and safe pledges, A. B. that he be before our Justices at Westminster (talie die) to answer C. D. of a Plea, wherefore he took the Cattle of the said C.D. & them unjustly detained against security and pledges as it is said, and to show wherefore he was not in our Court before our Justices at Westminster (tali die) last passed, as day to him there was prefixed, and have you there the names of the Pledges, and this Writ witness, etc. The Entry thereof. A.B. By his Attorney offered himself the fourth day against C. D. in a Plea, wherefore he took the Cattle of the said A. and them unjustly detained against security and pledges, etc. and he came not, and he had day here unto this day (to wit) in eight days of St. Martin by prefixion, etc. therefore let him be attached that he be here in eight days of St. Hillary, etc. A distr. after Esloine. Oliver, etc. As in other distr. till you come to (as it is said then) and to show wherefore he kept not the day to him given by his Essoine, before our Justices at Westminster, in eight days of St. Martin after he was summoned, and to hear his judgement for many defaults, and have you there this Writ, etc. The Entry thereof. C. D. By his Attorney offered himself the fourth day against A. B. late of, etc. in a Plea that he render to him 100. s. which to him he oweth, and unjustly detaineth, etc. and he came not, & he had day by his Essoigne unto this day (to wit) in eight days of St. Martin, after he was summoned (and if it be in trespass, than thus) after he was attached, therefore let him be distrained that he be herein eight days of St. Hillary, etc. Testatum, Summons in Debt. Oliver, etc. To the Sheriff of Hereford: greeting, we command you that you Summon by good Summoners, A.B. of, etc. that he be before our Justices at Westminster (tali die) to answer C. D. in a Plea that he render to him 40. l. etc. and for that our Sheriffs of London have certified to our Justices at Westminster (tali die) last passed, that the aforesaid A. B. hath nothing in their Bailie week, whereby he may be summoned when as it is witnessed in our said Court that he hath sufficient in your Bailie week, and have you there the Summoners, and this Writ witness, etc. The Entry thereof. F. The Sheriffs were commanded that they should Summon A. B. late of T. etc. that he might be here at this day (to wit) in the morrow of St. Martin to answer C.D. in a Plea that he render to him, per s. xx. which to him he oweth and unjustly detaineth, etc. and now here at this day came the aforesaid C. D. in his proper person, and offered himself the fourth day against the aforesaid A. B. in the Plea aforesaid, and he came not, and the Sheriffs returned that he hath nothing, etc. And hereupon it is witnessed in our Court here, that the aforesaid A. B. hath sufficient in the County of Hereford, where he may be summoned. Therefore the Sheriff of Hereford is commanded that he should summon him, etc. that he be here in the morrow of the Purification of the blessed Virgin Marie, to answer the aforesaid C.D. in the Plea aforesaid, etc. A Summon in severance. Oliver, etc. To the Sheriff of, etc. greeting, we command you that you take A. B. late of T. etc. if he shall be found in your Bailie week, & him safely keep, so that, etc. To answer C. D. & G.F. Executors of the Testament of G. H. of a Plea that he render to them, c. s. zz. Also we command you that you Summon by good Summoners, the aforesaid G. that he be before our Justices at Westminster at the aforesaid Term, to persecute against the aforesaid A. B. his Plea aforesaid, together with the aforesaid C. if he will, and have you there the Summons, and this Writ, etc. The Entry thereof. S. S. The Sheriff was commanded that he should Summon A. B. late of, etc. that he might be here at this day (to wit) (tali die) to answer C. D. and G. F. Executors of the Testament of G. H. in a Plea that he render to them Cs. zz. And now here at this day came the aforesaid C. D. by T. A. his Attorney, the aforesaid G.F. being also complainant, etc. the fourth day of the Plea being solemnly called came not, & hereupon the aforesaid C. D. offered himself the fourth day, against the aforesaid A. B. of the Plea aforesaid, and he came not, and the Sheriff returned that he hath nothing, etc. therefore let him be taken, that he be here in the morrow of all Souls, etc. and the Sheriff is commanded that he should Summon the aforesaid G.F. that he be here at the aforesaid Term to prosecute against the aforesaid A. B. his Plea aforesaid, together with the aforesaid C.D. if, etc. A Pone upon a Recordare. Oliver, &c Greeting, put under security and safe pledges, A. B. that he be before our Justices at Westminster (tali die) to answer C. D. in a Plea, wherefore he took the Cattle of the said C. D. and them unjustly detained against security & pledges as it is said, and to show wherefore he was not in our Court before our Justices at Westminster (tali die) last passed, as day to him there was prefixed, and have you there the names of the pledges, & this Writ witness, etc. The Entry thereof. Middl. ss. A. B. by his Attorney offereth himself the fourth day against C.D. in a Plea, wherefore he took the Cattle of the said A. and them unjustly detained against security and pledges, etc. And he came not, and he had thence day here unto this day (to wit) in eight days of St. Martin by prefixion, etc. Therefore let him be attached that he be here in eight days of St. Hillary, etc. A Returno habendo. Oliver, etc. Greeting, whereas C. D. was summoned to be in our Court before our Justices at Westminster (tali die) to answer A. B. of a Plea, wherefore he took the Cattle of the said A.B. and them unjustly detained against security and pledges as it is said, the said A.B. afterward in our said Court made default, whereby it was ordered in our said Court, that the aforesaid A.B. should go thence without day, and that the aforesaid C.D. & his pledges of prosecuting should be in mercy, and that he should have return of the aforesaid Cattle. And therefore we command you that the aforesaid Cattle to the aforesaid C. D. without delay you cause to be returned, and them at the plaint, of the aforesaid A. B. you deliver not without our Writ, which shall make express mention of the aforesaid judgement, and how you shall execute this our Command, you make appear to our Justices, at Westminster, in eight days of St. Hillary, and have you etc. The Entry thereof. Mid. ss. C. D. by his Attorney offered himself the 4th. day against A. B. of a Plea wherefore he the said C. D. took the Cattle of the said A. and them unjustly detained against security and pledges, etc. And he being solemnly exacted came not, and he was Plaintiff, etc. therefore it is ordered that he and his pledges of prosecuting be in mercy, etc. And that the aforesaid A. B. go thence without day etc. And that he have return of the cattle aforesaid, etc. Inquire the names of the pledges, etc. and in what manner etc. the Sheriff make appear here in eight days of St. Hillary, etc. A. Second deliverance. Oliver, etc. greeting if A. B. shall secure you for prosecuteing his plaint and of returning his Cattle which to C. D. in our Court before our Justices at Westminster, were adjudged for default of the said A. B. or for the price of them, if return thereof shallbe adjudged then to the same A. B. his Cattle aforesaid without delay you cause to be delivered, and put under security and safe pledges the aforesaid C. D. that he be before our Justices at Westminster, in eight days of the Purification of the blessed Virgin Mary to answer the aforesaid A. B. of the taking and unjustly detaining of the Cattle aforesaid, and have you there the names of the pledges, and this writ, etc. A Non omittas. Oliver, etc. we command you that you omit not for any liberty of the liberty of the Town of that St. Edmund's but you take A. B. late of T. etc. if he shall be found, etc. To answer C. D. of a Plea that he render to him c. s. zz. And whereupon yourself hath certified to our Justices at Westminster, (tale die) last passed that as to the taking the aforesaid A. B. you have commanded E. F. bailiff of the aforesaid liberty who hath full return of all writs and the execution of them within that liberty to whom the execution of the Writ aforesaid, did belong to be done F. insomuch that execution of the said Writ, out of the same liberty by you could not be done, which said bailiff to you thereof hath given no answer, and have you, etc. The Entry thereof. C.D. by his Attorney offered himself the 4th. day against A. B. late of etc. of a Plea that he render to him c. s. zz. And he came not, and the Sheriff was commanded that he should take him if, etc. And safely, etc. so that he might have his body here at this day (to wit) in eight days of St. Michael, and the Sheriff hath certified that he had Commanded E. F. bailiff of the liberty of Bury of St. edmond's who hath full return, etc. And to whom, etc. who gave him no answer, etc. therefore the Sheriff is commanded that he omit not for the liberty aforesaid, but he take the aforesaid A. B. if &c. And safely, etc. So that he have his body here in the morrow of all Souls, etc. A. Distrin. Balivum. Oliver Lord Protector, etc. we command you that you distrain our bailiff of Dour utchie of Lancaster in your County, by all his lands, etc. (as in others) so that you may have (tali die) the body of A. B. late of T. in your County yeoman, whom by our command, lately he took as yourself to our Justices at Westminster, in the morrow of All-Souls last passed hath certified to answer C. D. in a Plea that he render to him x. l. zz. as he saith, and to hear his judgement for many defaults, and have you, etc. The Entry thereof. The Sheriff was commanded that he should take A. B. late of, etc. if, etc. and him safely, etc. so that he might have his body here at this day (to wit) in the morrow of All-Souls to answer C. D. in a Plea that he render to him Ten pounds which he oweth him and unjustly detaineth, etc. and now hereat this day came the aforesaid C. D. by A. B. his Attorney, and offered himself the 4th. against the aforesaid A. B. of the Plea aforesaid, and he came not, and the Sheriff returned that he had commanded I. H. bailiff of the liberty of our Duchy of Lanchaster in the County aforesaid, who hath return of all Writs and of the execution of them within the liberty aforesaid, out of which liberty execution of that writ by him the said Sheriff could not be done: which said bailiff to the same Sheriff thus answered, that he had taken the body of the aforesaid A. B. whose body here at this day he would have, and because the aforesaid bailiff the body of the aforesaid A. B. here at this day hath not, therefore the same bailiff is in mercy, and is amearced by the Justices herein 40. s. therefore the Sheriff is commanded that he distrain the aforesaid bailiff by all his lands, etc. and that of the profits etc. so that he have here from the day of St. Martin in 15. days the body of the aforesaid A. B. whom &c. to answer the aforesaid C. D. of the Plea aforesaid, etc. misericordia xl.s. A. Grand Cape in Dower upon the Summons. Oliver, etc. to the Sheriff of Middlesex greeting, take into our hand by the view of honest and lawful men of your County the third part of two messages, two acres of land and Ten, acres of meadow with the appurtenances in B. which Nicholas Penny and Alice his wife in our Court before our Justices at Westminster claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against I. K. by our Writ of Dower, whereof she hath nothing by the default of the said. I. And the day of the taking, you certify to our Justices at Westminster by your letters sealed, and Summon by good Summoners, the aforesaid I. that he be before our Justices at Westminster in eight days of St. Michael to answer thereunto, and to show wherefore he was not before our Justices at Westminster in the morrow of the holy Trinity last passed, as he was Summoned, and have you there the names of them by whose view you shall make this Summons, and this Writ witness, etc. The Entry thereof. ss. Nicholas Penny and Alice his wife by I. G. their Attorney offered themselves the 4th. against I. K. in a Plea of the third part of two messages twenty acres of land and ten acres of meadow with the appurtenances in B. which the aforesaid Nicholas and Alice in our Court here claim as the Dower of the said Alice by the endowment of R. S. heretofore her husband against him by our Writ of Dower whereof she hath nothing, etc. and he came not, and he was Summoned, etc. therefore let the third part aforesaid with the appurtenances be taken into our hand, and a day, etc. And the aforesaid I. K. be summoned that he be here in eight days of St. Michael, etc. The Entry of an Alias Grand, Cape. And the aforesaid I. K. was Summoned that he be here in eight days of St. Michael. etc. at which day here came the aforesaid Nich. and Alice by their Attorney aforesaid, and the Sheriff hath not Executed the Writ, therefore as heretofore let the Tenements aforesaid with the appurtenances be taken into the hand of the Lord Protector, etc. And the aforesaid I. K. as heretofore be summoned that he be here in the morrow of All-Souls etc. A Pone after an Essoin in Dower. Oliver, etc. Greeting put under security and safe pledges C. D. that he be here &c. as he saith, and to show wherefore he kept not the day to him given by his Essoin in our Court before our Justices at Westminster in eight days of the holy Trinity last passed after he was summoned, and have you there the names of them by whose view, etc. as before. The Entry thereof. ss. In the Entry of the Writ aforesaid let it be made as before until as before (to Wit) and he came not, and he had thence day by his Essoin hear unto this day (to wit) in eight days of the holy Trinity after he was summoned, etc. therefore let the tenements aforesaid with the appurtenances be taken into the hand of the Lord Protector, etc. And the aforesaid I. K. be summoned that he be here in eight days of St. Michael, etc. A writ of view in Dower. Oliver, etc. we command you that justly and without delay you cause C. D. to have view of one message with the appurtenances in T. whereof Q. who was the wife of F. G. in our Court before our Justices at Westminster claimeth the third part against him as her Dower by the endowment of the said F. G. heretofore her husband by our Writ of Dower, whereof she hath nothing as she sayeth, and speak to 4. Knights of them that shallbe present at that view, that they be before our Justices at Westminster in eight days of St. Hillary to testify that view, and have you there the names of the 4 Knights and this Writ witness, etc. The Entry thereof. ss. Q. who was the wife of F. R. by N. M. her Attorney demandeth against C. D. the third part of one message with the Appurtenances in T. as her Dower by the endowment of the aforesaid F. heretofore her husband by a Writ of the Lord Protector of Dower whereof she hath nothing &c. and the aforesaid C. D. by I. A. his Attorney came and demanded view of the message aforesaid with the appurtenances whereof &c. let him have it etc. day is given to the said parties here till in eight days of St. Hillary etc. And in the mean time etc. A Languidus upon a Capias. ss. The Sheriff was commanded that he should take A. B. late of etc. if etc. And him safely etc. so that he might have his body before our Justices here at this day (to wit) in eight days of St. Michael to answer C. D. in a Plea that he render to him c. s. zz. and now here at this day came the aforesaid C. D. by his Attorney &c. (as in other entryes unto) and he came not, and the Sheriff returned that he took the body of the aforesaid A. B. which languished in prison and with so many and such infirmities in the same he is detained that without very great danger of death travail or be carried he cannot, when as it is witnessed in our Court here that the aforesaid A. B. is healthful and sound, and able to travail, therefore the Sheriff is commanded that he have here from the day of St. Michael in one month the body of the aforesaid A. B. to answer the aforesaid C. D. in the Plea aforesaid, etc. A habeas Corpus upon a Languidus. ss. Oliver etc. We command you that you have before our Justices at Westminster from the day of St. Michael in one month the body of A. B. late of T. etc. whom by our precept you have taken and in your power detaineth who so languished in our prison of O. and with so many and such infirmities in the same grieved that without very great danger of death travail or be carried, he could not as yourself returned to our Justices at Westminster in eight days of St. Michael last passed to answer C. D. in a Plea that he render to him c. s. zz. And have you etc. The Entry thereof. ss. The Sheriff was commanded that he should have here at this day to wit from the day of St. Michael in one month the body of A. B. late of etc. whom by the precept of the Lord Protector, he had taken and in his power did detain his body languishing in prison before the Justices here in eight days of St. Michael last passed he could not have, insomuch that with so many and such infirmities in the same prison he was detained that without very great danger of death travail or be carried, he could not, as the same Sheriff at that day there returned, to answer C. D. in a Plea that he render to him c. s. zz. And now here at this day came the aforesaid C. D. by I. N. his Attorney and offered himself the 4th. day against the aforesaid A. B. in the Plea aforesaid and the Sheriff returned that the aforesaid A. B. as yet languisheth in the prison aforesaid therefore the body of the said A. B. before the Justices here at this day he cannot have, insomuch that with so many and such infirmities and griefs in the same prison he is troubled that he cannot travail or be carried without very great danger of death when as it is witnessed in the Court of the Protector here as the Protector had received by the Testimony of a creditable person, that the aforesaid A. B. is sound and healthful and able to travail therefore the Sheriff is commanded that he or his under, Sheriff be here in eight days of St. Martin bringing thither with him the aforesaid A. B. whether he shall be healthful or infirm to answer the aforesaid C. D. in the Plea aforesaid and this under the pain of twenty pounds, etc. A Deuces tecum upon the Entry. ss. Oliver, etc. whereas we lately commanded you that you should have before our Justices at Westminster in eight days of St. Hillary last past the body of A.B. late of etc. whom by our precept you took to answer C. D. in a Plea that he the said A.B. render to him 100. s.zz. And although the aforesaid A. B. be sound & healthful and able to travail as by the Testimony of a creditable person we have received, you notwithstanding permittum the said A. B. to wander at large in the same eight days of St. Hillary & returned that the same A. B. did languish in our prison under your custody so that the body of the said A. B. thereat that day you could not have, insomuch that he was troubled with so many and such infirmities and griefs in the same prison that he could not then justly travail neither be carried without very great danger of death, and for that we would not have our people in the prosecutions of their actions in our Court to be persecuted nor our Court in such manner to be deluded, we command you that you or your under Sheriff be before our Justices at Westminster in eight days of the Purification of the blessed Virgin Mary bringing thither with you the aforesaid A. B. whether he shall be healthful or infirm to answer the aforesaid C. D. in the Plea aforesaid knowing for certain that if this shall be omitted, you shall undergo the penalty of twenty pounds, and have you there this writ, etc. The Entry of an alias non omittas. ss. The Sheriff was commanded that he should not omit for the liberty of the Town of Cant. but take I. G. late of R. in the County aforesaid yeoman if etc. and safely etc. so that he might have his body here at this day (to wit) in the morrow of All-Souls, to answer A. L. in a Plea that he render unto him c. s. zz. and now here at this day came the aforesaid I. L. by his Attorney and offered himself the 4th. day against the aforesaid I. G. in the aforesaid Plea and he came not, and the Sheriff returned that he is not found etc. therefore as heretofore he is commanded that he should not omit for the liberty aforesaid but take the aforesaid I. G. if etc. and safely etc. so that he might have his body here (tali die) etc. The Entry of an distr. in debito. ss. A.B. by his Attorney offered himself the 4th. day against T. C. late of etc. in a Plea that he render to him c. s. zz. And he came not and the Sheriff was commanded that he should attach him etc. and the Sheriff returned that he is attached by pledges John Den and Richard Fen, therefore he is in mercy etc. & let him be distrained that he be here (tali die) etc. A distr. and a Pone in one Writ. ss. Oliver etc. we command you that you distrain H. S. late of &c. as in another distr. etc. to answer T. M. in a Plea that he together with C. D. etc. render unto him c. s. zz. And to hear his judgement for many defaults etc. we also command you that you put under security and safe pledges the aforesaid C. that he be before our said Justices at Westminster at the aforesaid Term to answer the aforesaid T. M. together with the aforesaid H. in the Plea aforesaid, and to show wherefore he kept not the day to him given by his Essoin before our Justices at Westminster from the day of Easter in 15. days last passed after he was summoned and have you, etc. The Entry of a Capias and latitat. ss. A. B. by his Attorney offered himself the 4th. day against I. L. late of etc. and against W. C. etc. in a Plea that both of them render to him c. s. zz. And they came not, and the Sheriff was commanded that he should take them etc. and the Sheriff returned that they are not found etc. and hereupon concerning the aforesaid I.L. it is witnessed in the Court of the Protector here that he doth lurk wander and lie hid in the County of Somerset therefore the Sheriff of Somerset, is commanded that he take him if etc. and safely etc. so that he have his body here in eight days of St. Hillary etc. and whereupon &c. and also as heretofore let the aforesaid W. C. be taken that he be here at the aforesaid Time etc. The Entry of a distr. and Pone in one Writ. ss. C. M. by his Attorney offered himself the 4th. day against T. S. late of, etc. of a Plea, that he together with C. his wife render to him C.s. which he oweth him & unjustly detains, etc. and they came not, and the Sheriff was commanded that he should attach them, etc. And the Sheriff returned that they are attached by pledges, John Do and Richard Roose, therefore they are in mercy, etc. and let them be destrained that they be here from the day of Easter in 10. days, etc. A Writ of view in a Formedon in Descender. ss. Oliver▪ etc. Greeting, we command you that without delay you cause T. A. to have view of one message with the appuretnances in C. which D.E. in our Court before our Justices at Westminster, claimeth as his right by our Writ of Formedon in descender against him. and speak to 4. Knights of them, which shall be present at that view, that they be before our Justices at Westminster (tali die) to testify that view, and have you there the names of the Knights, and this Writ witness, etc. A Magnum Cape of a non Omit. in a Writ of Dower. ss. Oliver, etc. To the Sheriff of Cambridge, Greeting, we command you that that you omit not for our Liberty of our Bishopric of Ely, the place being now void within the Isle of Ely in your County, but take into our hand by the view of honest and Lawful men of your County, the third part of one message with the appurtenances in Outwell, which R.P. and D. his wife in our Court before our Justices at the Town of St. Albans, in our County of Hertf. claim as her Dower, by the endowment of H. S. heretofore her husband against J. S. by our Writ of Dower, whereof she hath nothing by default of the said J. and the day of the Captiom certify to our Justices, at the Town of St. Alban aforesaid by your Letters sealed, and Summon by good Summoners the aforesaid J. that he be here before our Justices at Westminster, from the day of the holy Trinity, in 3. weeks thereof to answer, and show wherefore he kept not the day to him given by our Writ of Common adjournment after he was Summoned, and have you there the names of them, by whose view you shall make this Summons, and this Writ witness, etc. The Entry thereof. ss. The Sheriff was commanded that he should take into the hand of the Lord Protector, the third part of one message with the appurtunances in O. which R.P. & D. his wife in the Court of the Protector claim as the Dower of the said D. by the endowment of H.S. heretofore her husband against J.S. by the Writ of the Lord Protector of Dower, whereof she hath nothing, etc. and day, etc. and that he should Summon by good Summoners, the aforesaid J. that he should be here at this day (to wit) from the day of Easter in 15. days last passed, and now here at this day came the aforesaid R. and D. by A. B. their Attorney, etc. and the Sheriff returned that for the execution of the Writ of the Lord Protector lately to him directed, he commanded the Bailiff of the Liberty of the Lord Protector of his Bishopric of Ely, the place being now void within the Isle of Ely, to whom, etc. insomuch that, etc. who thereof gave him no answer, therefore the Sheriff is commanded that he omit not for that Liberty, but take into the hand of the Lord Protector the third part aforesaid, with the appurtenances in form aforesaid, etc. The Entry of an Amerciament against a Sheriff, for not returning a Writ. ss. At which day here came the aforesaid J. by his Attorney, & the Sheriff of the County aforesaid, although was solemnly exacted to return the Writ aforesaid came not, nor returned that Writ, therefore the same Sheriff (to wit) J. S. is in mercy, etc. and is amearced by the Justices here to xl. s. etc. An Original in Dower. ss. Oliver, etc. To the Sheriff of Cambridge, Greeting, command W. C. that justly and without delay he render to L. S. Widow, who was the wife of R. S. her reasonable dower, which happeneth to her of the Freehold, which was of the aforesaid R. in time past, her husband in Wisbech, whereof she hath nothing as it is said, and whereof she complaineth that the aforesaid W. deforceth her, and unless he shall do it, etc. the xv. Pas Test. etc. The Sheriffs Return. ss. For the Execution of this Writ, I have made my Warrant to the Bailiff of the Lord Protector, of the Bishopric of Ely, the place being now void within the Isle of Ely, who hath the full return and execution of all Writs within the same Liberty to execute, to whom the execution of this Writ doth wholly belong, insomuch that no execution thereof elsewhere, than within the same Liberty by me could be done, which said Bailiff no answer thereof to me gave, I.P. Ar. vic. An alias Summons of a non omittas in Dower. ss. Oliver, etc. To the Sheriff of Cambridge, Greeting, we command you that you omit not for our Liberty of the Bishopric of Ely, the place being now void within the Isle of Ely, but command W.C. that justly and without delay he render to L.S. Widow, who was the wife of R. S. her reasonable dower, which happeneth to her of the freehold which was of the aforesaid R. in time past, her husband in Wisbech, whereof she hath nothing as it is said, & whereof she complaineth that the aforesaid W. deforceth her, and unless he shall do it, and the aforesaid L. shall secure you for prosecuting her complaint, then Summon the aforesaid W. that he be before our Justices at Westminster, in the morrow of the holy Trinity, to show wherefore he will not do it, and whereof yourself hath certified to our Justices at Westminster, from the day of Easter in 15. days last passed, that you commanded the Bailiff of our Liberty of the aforesaid Bishopric, the place being then void within the aforesaid Isle of Ely, who hath full return & execution of all Writs within the same Liberty to execute, to whom execution of the Writ aforesaid wholly belonged, in so much that no execution thereof elsewhere than within the same Liberty by you could be done, who no answer thereof to you gave, and have you there the Summoners, and this Writ witness, etc. The Entry thereof. ss. The Sheriff was commanded that he should command W. C. that justly, etc. he should render to Luce S. Widow, who was the wife of R. S. her reasonable Dower, which happeneth to her of the freehold, which was of the aforesaid R. in time past her husband in Wisbetch, whereof she hath nothing, etc. and unless, etc. then he should Summon by good Summoners the aforesaid W. that he might be here at this day (to wit) from the day of Easter in 15 days to show wherefore he did it not. And now here at this day came the aforesaid Luce by Fr. T. her Attorney, and the Sheriff returned that he commanded the Bailiff of the Liberty of the Lord Protector of his Bishopric of Ely, the place being then void within the Isle of Ely, who hath full etc. & to whom, etc. who to him no answer, etc. Therefore the Sheriff is commanded that he omit not for the Liberty aforesaid, but Summon by good Summoners the aforesaid W. that he be here in the morrow of the holy Trinity to answer the aforesaid Luce in the Plea aforesaid, etc. A distr. nuper vic. ss. Oliver, etc. We command you that you distrain A.B. Esq late Sheriff of your County, your predecessor by all his Lands and Cattles in your bailie week, so that neither, etc. so that he may have before our Justices at Westminster (tali die) the body of R.B. late of T. (as in the Writ) to answer S. P. in a Plea, that he render to him C. l. zz. whom by our command he hath taken as he to our Justices at Westminster in 8. days of the holy Trinity last passed certified, and to hear his judgement for many defaults, and have you there this Writ witness, etc. The Entry thereof. ss. The Sheriff was commanded that he should have here at this day (to wit) in eight days of St. Hillary last passed, the body of H. late of, etc. whom the same Sheriff took, and in his power detaineth to answer R. S. in a Plea, that he render to him 40. l. which to him he oweth, and unjustly detaineth, etc. And now here at this day came the aforesaid R. by M.I. his Attorney, and proffered himself the fourth day against the aforesaid H. in the Plea aforesaid, and he came not, and the Sheriff returned that the same H. was not taken by him Sheriff, but by J. D. late Sheriff predecessor of him the now Sheriff, nor the body of the same H. to the aforesaid now Sheriff was delivered in his going forth from his Office. Therefore the now Sheriff is commanded that he distrain the aforesaid late Sheriff by all his Lands, etc. And that of the profits, etc. so that he have here (tali die) the body of the aforesaid H. whom, etc. to answer the aforesaid R. in the Plea aforesaid, etc. A Writ of alias Summons, where the Sheriff returneth that the Plaintiff hath not found pledges to prosecute. ss. Oliver, etc. To the Sheriff of Suff. Greeting, for that A. B. in our Court before our Justices at Westminster, hath not secured our said Justices for prosecuting his Plaint by John Den, and Richard Fen, we command you that you Summon by good Summoners C.D. of D. in your County, Yeoman, that he be before our Justices at Westminster in 8. days of St. Hillary, to answer the aforesaid A. B. in a Plea, that he render to him 40. s. which to him he oweth, and unjustly detaineth as it is said, and have you there the Summoners, and this Writ witness, etc. The Entry thereof. ss. The Sheriff was commanded that he should Summon by good Summoners, C. D. of Dale, in the County aforesaid, Yeoman, that he might be here at this day (to wit) in the morrow of all Souls, to answer A.B. in a Plea, that he render to him 40. s. which he to him oweth, and unjustly detaineth, etc. And now here at this day came the aforesaid A. B. by G. D. his Attorney, and the Sheriff returned that the same A. B. did not find for him pledges for prosecuting, etc. And hereupon let the aforesaid A. B. here in Court find pledges for persecuting his Plaint (to wit) John Den, & Richard Fen. Therefore as heretofore the Sheriff is commanded that he Summon by good Summoners, the aforesaid G.D. that he be here in 8. days of St. Hillary, to answer the aforesaid A. B. in the Plea aforesaid, etc. The Entry of a Writ of Debt against two Executors, where they were Summoned, the Sheriff returns the one Essoined, and the other to have nothing, a Distr. against the one, and a Capias against the other. ss. C. D. By his Attorney offered himself the 4. day against T. B. of, etc. and G.B. of, etc. Executors of the Testament of John C. in a Plea, that they render to him 100 s. which from him they unjustly detain, etc. and they came not, and the aforesaid T. B. had from thence day by his Essoin, here unto this day (to wit) in 8. days of St. Hillary, after he was Summoned. Therefore let him be distrained that he be here in 8. days of the Purification of the blessed Virgin Marie, etc. And the Sheriff was commanded that he should distrain the aforesaid G.B. etc. and the Sheriff returned, that he hath nothing, etc. therefore let him be taken that he be here at the aforesaid Term, etc. An Entry in Debt, brought by one Executor against another upon the Summons to prosecute together, the Sheriff returns to the Capias he is not found, upon which another Capias is brought. And hath a Summons on which he returns a Tarde, etc. upon which is brought an Alias Summons. The Sheriff was commanded that he should take A. B. late of T. etc. if, etc. so that he might have his body hereat this day (to wit) in the morrow of all Souls, to answer C.D. and G.F. Executors of the Testament of J. H. in a Plea, that he render to them 100 s. which from them they unjustly detain, etc. And also that he should Summon by good Summoners the aforesaid G.F. that he might be here at the aforesaid term to prosecute against the aforesaid A.B. his Plea aforesaid, with the aforesaid C. D. if, etc. And the aforesaid A.B. came not, and the Sheriff returned that he is not found, etc. Therefore as heretofore, let him be taken that he be here from the day of St. Martin, in 15. days, etc. And as to the Summoning of the aforesaid G. F. the Sheriff returned that the Writ thereof came so late, etc. Therefore as heretofore let him be Summoned that he be here at the aforesaid Term, to prosecute against the aforesaid A.B. his Plea aforesaid, together with the aforesaid C. D. if, etc. In Debt against the one Executor upon the Summons to prosecute together, the Executor makes default upon which the other sueth alone. The Sheriff as heretofore, was commanded that he should take A. B. late of T. etc. if, etc. and safely, etc. so that he might have his body here at this day (to wit) from the day of St. Martin, in 15. days to answer C.D. and G.F. Executors of the Testament of G.H. in a Plea, that he render to them 100 s. which from them he unjustly detaineth, etc. And also as heretofore, that he should Summon by good Summoners the aforesaid G. F. that he might be here at the aforesaid Term, to prosecute against the aforesaid A. B. his Plea aforesaid, together with the aforesaid C.D. if, etc. And now here at this day came the aforesaid C. D. by A. B. his Attorney, & the aforesaid G.F. the 4th. day of the Plea, being solemnly exacted, came not, and was Summoned, etc. Therefore it is ordered, that the aforesaid C.D. prosecute alone without the aforesaid G.F. against the aforesaid A. B. his Plea aforesaid, and hereupon the same C. offered himself the 4. day, against the aforesaid A.B. in the Plea aforesaid, and he came not, and the Sheriff returned that he is not found, etc. Therefore as often times let him be taken that he be here in 8. days of St. Hillary, to answer the aforesaid C. D. in the Plea aforesaid, etc. Nonsuit in a Replevin, and the awarding of the Writ of second deliverance. ss. C.D. by his Attorney offered himself the 4. day against A. B. in a Plea, wherefore the same C.D. took the Cattle of the said A. B. and them unjustly detained against security and pledges, etc. And he being solemnly exacted came not, & was Plaintiff, etc. Therefore it is ordered that the aforesaid C. D. go thence without day, etc. and the aforesaid A.B. and his pledges for prosecuting be in mercy, etc. inquire the names of the pledges, etc. & the aforesaid C. D. have return of the Cattle aforesaid, etc. and in what manner, etc. the Sheriff make appear to the Justices here in 8. days of St. Hillary, etc. and afterward (to wit) tali die, and Anno came here in Court the aforesaid A. B. by Th. N. his Attorney, and by the Statute, etc. he prayed a Writ of the Lord Protector of second deliverance of the Cattle aforesaid, and it is granted to him returnable here in eight days of the Purification of the blessed Virgin Marie. Note, that if the Defendant brings not the Writ of Retorno habendo, within a year after the non Process, than he shall be compelled to sue out a scire facias. A Latitat. to the Chancellor of the County Palatine of Chester, which was formerly used. ss. Oliver, etc. To our Chancellor of our County Palatine of Chester, or to him that holdeth his place there, Greeting, we command you that by our Writ under the Seal of our County Palatine aforesaid, duly to be made you to command the Sheriff of the County Palatine aforesaid, that he take R. I. etc. as in a Testatum etc. Habere facias seisinam, upon Recovery in a Writ of Dower by default. ss. Oliver, etc. To the Sheriff of Middles. Greeting, know you that C. D. and A. his wife, who was the wife of A. B. in our Court, before our Justices at Westminster have recovered their seisin against A.B. of the third part of one message with the appurtenances in S. by our Writ of Dower, whereof she hath nothing by the endowment of the aforesaid A. in time past, the husband of the aforesaid Alice wife of the said C.D. by default of the said A. B. And therefore we command you that to the same C. and A. full seisin of the third part aforesaid, with the appurtenances to be held by them in severalty by meets and bounds you cause to have, and to be assigned, and how you shall execute this our command you make appear to our Justices at Westminster, from the day of the holy Trinity in 15. days, and have you there this Writ witness, etc. The Entry of seisin in Dower upon a Grand-Cape, by default of the Tenant. ss. C. D. and A. his wife, who was the wife of R. B. by N. M. their Attorney, offered themselves the 4. day against A. B. in a Plea of the third part of one message, with the appurtenances in S. which the same C. and A. in the Court of the Protector here claim as the Dower of the said A. by a Writ of the Lord Protector of Dower, whereof she hath nothing by the Default of the said A. B. etc. and he came not, and he heretofore made default here (to wit) in 8. days of St. Michael last passed, after he was Summoned, etc. so that then the Sheriff was commanded that he should take the third part aforesaid, with the appurtenances into the hand of the Lord Protector, and day, etc. and that he should Summon by good Summoners, the aforesaid A. B. that he should be here at this day (to wit) in the morrow of all Souls, to answer the aforesaid C. D. and A. as well of the principal Plea, as of the default aforesaid, etc. And the Sheriff now doth testify the day of the taking, etc. and that he Summoned, etc. Therefore it is ordered that the aforesaid C. and A. his wife recover their seisin of the third part aforesaid, with the appurtenances against the aforesaid A.B. by default, etc. and the aforesaid A.B. be in mercy, etc. A return of a Grand-Cape. ss. By virtue of this Writ to me directed, I have the 10. day of May, in the year within written taken into the hand of the Lord Protector, the third part of the Tenements within specified with the appurtenances by the view of J.T. & R.H. lawful men of my County as within to me is commanded. Summoners of the within written A.B. Jo. Roose, Rich. Roose. Respons. T.M. militis, vic. A Writ to inquire of Waste. ss. Oliver, etc. Greeting, whereas lately we commanded you that you should distrain A.B. by all his Lands & Cattles in your bayly-week, so that neither he, nor any for him should lay hands thereupon, until you should receive further command from us, & that of the profits thereof you should answer us, so that you might have his body before our Justices at Westminster in eight days of St. Michael to answer C. D. in a Plea, wherefore whereas by the Common Council of our Commonwealth of England, it is provided that it shall not be lawful for any one to make waist, sale, or destruction of Lands, Houses, Woods, or Gardens to him demised for Term of life, or years, the same A. B. of the Houses, Woods, and Gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste, sale and destruction to the disheriting of the said C. and against the form of the aforesaid provisor, the same A. in our said Court at that day made default, so that by a Statute in this like case provided, it was ordered in our said Court, that in your proper person you should go unto the Tenements aforesaid wasted (to wit) unto one message, and ten Acres of Wood, with the appurtenances in T. and there you should inquire of the waste done in the same. And therefore we command you that in your proper person you go to the Tenements aforesaid wasted, & before you there you cause to come twelv, as well Knights as other free & lawful men of that vicinage, by whom the truth of the matter may the better be known, and who are not a Kin to the aforesaid C. and A. and by the Oath of them you diligently inquire what waist, what sale, and destruction the aforesaid A. hath made in the Tenements aforesaid (to wit) by suffering in the message aforesaid, one Hall of the price of a hundred shillings, and one Barn of the price of 10. l. to stand and to be uncovered, whereby the sound Timber of the same houses, by the rainy tempests upon them falling, become rotten and corrupt, and the houses by reason of the corruption of that Timber are endangered with ruin, by cutting down also & burning in the wood, there ten Oaks of the price of every of them, xx. d. and in the Garden there 40. Pear Trees of the price of every of them xii. d. to the disheriting of the aforesaid C. D. and against the form of the proviso aforesaid, & the inquisition which thereupon you shall make, you certify to our Justices at Westminster, in the morrow of all Souls, under your Seal and the Seals of them, by whose Oath you shall make that inquisition, and have you there the names of them, by whose Oath you shall make the inquisition, and this Writ witness, etc. The Entry of the Writ aforesaid. ss. C. D. By his Attorney offered himself the fourth day against A. B. in a Plea, wherefore, whereas by the Common Council of the Commonwealth of the Lord Protector of England, it is provided, that it may not be lawful for any one to make waste, sale, or destruction of lands, houses, woods, or gardens to him demised for term of life, or years, the same A. B. of the houses, woods, and gardens in T. which the aforesaid C. D. demised to the same A. B. for his life made waste, sale, and destruction to the disheriting of the said C. D. and against the form of the proviso aforesaid, and he came not, and the Sheriff was commanded that he should distrain him, etc. and the Sheriff returned that he is distrained by Cattle to the value of ten shillings, and is main-prised by S. and N. therefore they are in mercy, etc. and hereupon the said C. D. saith, that he the first day of April in the year of our 1652. at T. demised to the aforesaid A. B. one message, ten Acres of Wood, and one Garden with the appurtenances in T. for term of his life, the same A.B. made waste sale and destruction in the message, Wood, and Garden aforesaid, (to wit) by suffering in the message aforesaid, one Hall of the price of 10. l. and one Barn of the price of 10. l. to stand and to be uncovered, whereby the sound Timber of the same Houses by rainy Tempests upon them falling, becometh rotten and corrupt, and the Houses, by reason of the corruption of that Timber, are endangered with ruin, by cutting down also and burning in the Wood aforesaid, ten Oaks of the price of every of them xx. d. and in the Garden aforesaid 40. Pear Trees, of the price of every of them xii. d. to the disheriting of the aforesaid C.D. and against the form of the proviso aforesaid. Therefore the Sheriff is commanded that in his proper person he go to the Tenements aforesaid wasted, and there before him cause to come twelve, etc. by whom, etc. and who to the aforesaid C. and A. shall not be a Kin, etc. to recognise upon their Oath, what waste, what sale, and destruction the aforesaid A.B. hath made in the Tenements aforesaid, and the inquisition, which, etc. he certify here in the morrow of All Souls under his seal, etc. and the Seal of, etc. A Writ of Petite Cape, which is brought after appearance. ss. Oliver, etc. Greeting, take into our hand 4 messages with the appurtenances in T. which C.D. in our Court before our Justices at Westminster claimeth as his right against A. B. by our Writ of Formedon, in descender for default of the said A. B. and Summon by good Summoners the aforesaid A. B. that he be before our Justices at Westminster in 8. days of St. Hillary, to hear thereupon his Judgement, and have you there the Summoners, and this Writ witness, etc. The Entry thereof. ss. C.D. By R. B. his Attorney offered himself the 4th. day against A. B. in a Plea of 4. messages with the appurtenances in T. which the same C. D. in the Court of the Protector here claimeth as his right against the aforesaid A. B. by the Writ of the Lord Protector of Formedon in descender, etc. and he came not, and he had thence day here even to this day (to wit) in eight days of St. Michael, after he before had appeared here in Court, therefore let the messages aforesaid with the appurtenances be taken into the hand of the Lord Protector, and the aforesaid A. B. Summoned that he be here in eight days of St. Hillary to hear his Judgement thereupon. A Writ of Seisin upon a Petite Cape. ss. Oliver, etc. Greeting, know you that C. D. in our Court, before our Justices at Westminster hath recovered his Seisin against A. B. by default of the said A. B. of four messages with the appurtenances in T. by our Writ of Formedon in descender. And therefore we command you that to the same C.D. full Seisin of the Tenements aforesaid, with the appurtenances without delay you cause to have, and how this our Command shall be executed you make appear to our Justices at Westminster in eight days of St. Hillary, and have you there this Writ witness, etc. The Entry thereof. ss. C.D. By R. N. his Attorney offered himself the 4th. day against A. B. in a Plea of 4. messages with the appurtenances in T. which the same C. in the Court of the Protector here claimeth as his right against the aforesaid A. by the Writ of the Lord Protector of Formedon in descender, and he came not, and he had thence day hereunto in 8. days of St. Michael, in the year of the Lord 1654. after he before had appeared here in Court, at which day the aforesaid A.B. made default, so that then the Sheriff was commanded that he should take the Tenements aforesaid, with the appurtenances into the hand of the Lord Protector, etc. and that he should Summon by good Summoners, the aforesaid A.B. that he might be here at this day (to wit) in 8. days of St. Hillary, to hear thereupon his Judgement, etc. and the Sheriff returned that he took, etc. and that he Summoned, etc. Therefore it is ordered that the aforesaid C. recover his Seisin against the aforesaid A.B. of the Tenements aforesaid, with the appurtenances by default, etc. and the aforesaid A. be in mercy, etc. A Writ of Withernam upon a Plur. Repleg. ss. Oliver, etc. Greeting, whereas lately as oftentimes we have commanded you that justly and without delay you should cause to be replevied to T. D. his Cattle, which R.M. took and unjustly detaineth, as it is said, according to the Tenor of our commands before thereupon to you directed, or you yourself should be before our Justices at Westminster in eight days of St. Hillary last passed, to show wherefore our commands aforesaid, so often thereof to you directed you contemned to execute, yet you to our said Justices at Westminster, at the aforesaid Term returned, that long before the coming of our Writ aforesaid to you thence directed, the aforesaid R. esloined the Cattle aforesaid, to places to you unknown out of your Baily-wick, so that the same cattle to the aforesaid T. D. you could not replevy according to the Tenor of our Writs aforesaid, and for that we will, to withstand so great an injury, if it shall be committed, and that which is just to be done to the aforesaid T. D. Therefore we command you, that if the aforesaid T. D. shall secure you for prosecuting his Plaint. and also for returning his Cattle aforesaid, if return thereof shall be adjudged, then put under security and safe pledges the aforesaid R.M. that he be before our Justices at Westm. from the day of Easter in 15. days, to answer to the aforesaid T. D. of the taking and unjustly detaining of the Cattle aforesaid, and as well us of the contempt to us, as to the aforesaid T.D. of the damages and injuries to him in his behalf done, and in the mean time to the same T. D. his Cattle aforesaid without delay you cause to be replevied if you can. And if you cannot, then of the Cattle of the aforesaid R. M. you take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the same T. D. without delay, you deliver to be by him detained until to him his Cattle aforesaid you can replieve, and have you there the names of the pledges, and this Writ witness, etc. The Entry thereof. ss. The Sheriff was commanded, whereas lately, as oftentimes the Protector had commanded the same Sheriff, that justly and without delay he should cause to be replevied to T. D. his Cattle which R.M. took, and unjustly detaineth, etc. or to the Lord Protector the cause should signify, wherefore his command to the same Sheriff directed, he would not execute, or could not, and he having despised the Commands of the said Lord Protector, to the aforesaid T. his Cattle hath not hitherto replevied, or at least signified to the Lord Protector the cause wherefore he would not, or could not do it, to the manifest contempt of the said Lord Protector his commands, and to the great damage and trouble of the said T. D. whereby the Lord Protector was injured very much, and moved, firmly enjoining the aforesaid Sheriff, that to the aforesaid T.D. his Cattle aforesaid he should cause to be replevied according to the Tenor of the commands of the Lord Protector before to him thereof directed, or the same Sheriff should be here at this day (to wit) from the day of Easter in 15. days to show wherefore the aforesaid commands of the said Lord Protector, so often to him thereof directed, he contemned to execute, & now here at this day came the aforesaid T. D. by J. N. his Attorney, and the Sheriff returned that long before the coming of the Writ aforesaid, of the Lord Protector to him thereof directed, the aforesaid R. M. esloined the Cattle aforesaid to places to him unknown out of his Bayly-week, so that the same Cattle to the aforesaid T. D. he could not replevy according to the Tenor of the Writs aforesaid, and for that the Lord Protector willeth to withstand so great an injury if it shall be committed, and that which is just to be done to the aforesaid T. D. Therefore the Sheriff is commanded that if the same T. D. shall secure the said Sheriff for prosecuting his Plaint, & also for returning the Cattle aforesaid, if return thereof shall be adjudged, that then he put under security and safe pledges, the aforesaid R. M. that he be here in 8. days of the holy Trinity, to answer the aforesaid T. D. of the damages and wrongs to him in this behalf done, & in the mean time to the same T. his Cattle aforesaid, without delay he cause to be replevied if he can, and if he cannot, then of the Cattle of the aforesaid R. M. he take in Withernam for the aforesaid Cattle of the aforesaid T. D. and them to the aforesaid T. without delay he deliver by him to be detained, until to him his Cattle aforesaid, he can replevy, etc. A Writ of Adjournement made by the Filicer. Oliver, etc. Greeting, we command you that all, and every our Writs, Bills, and precepts to you delivered, or to be delivered before our Justices at Westminster, in three weeks of St. Michael, in the month of St. Michael, and the morrow of all Souls, next to come, or in the mean time from the aforesaid three weeks, unto any day returnable in your custody you retain, and them have before our Justices at Westminster, in the morrow of St. Martin next, to come together with the Executions of the same, and this Writ, that our said Justices for the prosecution of the parties than may cause to be done, that which of right, and according to the Law and Custom of our Commonwealth of England ought to be done, and in your next County thenceforth to be holden you cause publicly to be proclaimed, that the parties in the same Writs, Bills, and Precepts their days before our said Justices in the aforesaid morrow of St. Martin, observe, witness, etc. The return of the Writ. By virtue of this Writ to me directed, all the Writs, Bills, and Precepts, whereof within mention is made, in my custody I have retained, & them I have before the Justices within written, in the morrow of St. Martin within specified, together with the Executions of the same, and also at my County holden at G. in my County, the day, and year within written, which said County was my next County after the within written tenth day of October, I caused to be proclaimed, that the parties in the Writs, Bills, and Precepts within specified, their days before the Justices within written, in the aforesaid morrow of St. Martin they observe, as within ●o me is commanded. C.D. Knight, Sheriff. The Entry of a Non Process, in a Writ of second deliverance. ss. The Sheriff was commanded, that if T. H. would secure him for prosecuting his Plaint, and also for the returning of the Cattle, which to C. T. in the Court of the Lord Protector here were adjudged by default of the said T. H. or for the price of the same, if return thereof should be adjudged then to the same T. his Cattle aforesaid, without delay he should cause to be delivered, and should put under security, and safe pledges the aforesaid C. T. that he might be here at this day (to wit) in 8. days of St. Hillary, to answer the aforesaid T. H. of the taking of the Cattle aforesaid. And now here at this day came the aforesaid C. T. by W.O. his Attorney, and offered himself the 4th. day against the aforesaid T. H. in the Plea aforesaid, and he being solemnly exacted came not, and was Plaintiff, and the Sheriff returned that the same C. T. found to the same Sheriff pledges of prosecuting, & of having return (to wit) I. K. and K. O. and that the aforesaid C. T. is attached by pledges, J.O. and A.B. Therefore it is ordered that the aforesaid T.H. and his pledges of prosecuting be in mercy, etc. and that the aforesaid C. T. go thence without day, etc. and that he have return of the Cattle aforesaid, to be detained by him irrepledgeable for ever; inquire the names of the pledges, etc. and how, etc. the Sheriff make appear here in 8. days of the Purification of the blessed Virgin Mary, etc. A Writ of Distr. against one, and a Distr. after Esloin against another, in a Quare impedit. ss. Oliver, etc. Greeting, we command you that you distrain Philip Champernon, Esq Sheriff of the County aforesaid, by all his Lands, etc. to answer William Kirkham, Esq in a Plea, that he together with Peter Maynwaren, Clark, permit the said William to present a fit person unto the Parish Church of the blessed Marie of Upton Pyne, which is void, and belongeth to his Donation, as (he saith) and to hear his judgement for many defaults, we also command you that you distrain the aforesaid Peter M. by all his Lands, etc. (as above) so that you have his body before our said Justices at Westminster at the aforesaid Term, to answer the aforesaid W. together with the aforesaid Philip in the Plea aforesaid, & to show wherefore he kept not the day to him given by his Esloin in our Court before our Justices at Westwinster in 8. days of St. Martin after he was attached, and to hear his Judgement for many defaults, and have you there, etc. T. etc. The Entry thereof. ss. William Kirkham, Esq by his Attorney offered himself the fourth day against P. C. Esq Sheriff of the County aforesaid, and P.M. Clerk in a Plea, that they permit the said William to present a fit person to the Church of St. Marry, of R. Upton Pyne, which is void and belongeth to his Donation, etc. and they came not, and the Coronor was commanded that he should attach the aforesaid Philip, and the Cororonor returned that he is attached by Pledges, R. O. and C. D. therefore they are in mercy, etc. and the aforesaid Peter had thence day given him by his Esloin here even to this day (to wit) in eight days of St. Martin after he was attached, etc. therefore let the same Philip, and P. be distrained that they be here in eight days of St. Hillary, etc. A Pone after an Esloin, and a Distr. in one Writ, in a quare impedit. ss. Oliver, etc. Greeting, put under security and safe pledges, Thomas Brerewood, and Will. Leuston Clark, that he be here (as in another Writ) to answer John Crugge in a Plea, that they together with John Bishop of Exiter, & Robert Perens Clark, permit the said John Crugge to present a fit person to the Church of Exmister, which is void, and doth belong unto his Donation as he saith, and to show wherefore they kept not the day to them given by their Esloin in our Court before our Justices at Westminster, from the day of St. Hillary in 15. days after they were Summoned, we also command you that you distrain the aforesaid R. by all his lands, etc. (as above) before our Justices at Westminster at the aforesaid Term, to answer the aforesaid J.C. together with the aforesaid T. and W. in Plea aforesaid, and to hear his judgement for many defaults, and have you, etc. T. etc. The Entry thereof. ss. J.D. by his Attorney offered himself the 4th. day against T. B. & W.L. Clark, and P. Clark in a Plea, that they together with John Bishop of Exeter, permit the said J. C. to present a fit person to the Church of Exmister, which is void, and to his Donation belongeth, etc. and they came not, and the aforesaid T. and W. had thence day by their Esloin, here even to this day (to wit) from after they were Summoned, etc. therefore let them be attached that they be here in 8. days of S. Hillary, and the Sheriff was commanded that he should attach the aforesaid R. etc. and the Sheriff returned that he is attached by pledges, John Do, and Richard Roose, therefore he is in mercy, etc. and let him be distrained, that he be here at the aforesaid eight days of St. Hillary, etc. or at the aforesaid term, etc. Distringas against a Bishop to cause the Clerk to come. Oliver, etc. Greeting, we command you that you distrain William Bishop of Lincoln by all his Lands, etc. and that of the profits of the same to us you answer, so that he may have before our Justices at Westminster, in eight days of St. Hillary A.B. his Clerk, to answer C. D. in a Plea, that he render to him one hundred shillings, which to him he oweth, and unjustly detaineth, as (he saith,) and to hear his Judgement for many defaults, and have you, etc. The Entry thereof. ss. The reverend Father in Christ, William Bishop of Lincoln was commanded that he should cause to come here at this day (to wit) in eight days of St. Hillary, A.B. his Clerk to answer C. D. in a Plea, that he render to him 50. s. which to him he oweth & unjustly detaineth, etc. and now here at this day came the aforesaid C.D. by William S. his Attorney, and offered himself the 4th. day against the aforesaid A.B. in the Plea aforesaid, and he came not, and the aforesaid Bishop returned, that he is attached by pledges John Do, & Richard Roose, therefore they are in mercy, etc. Therefore the Sheriff is commanded, that he distrain the aforesaid Bishop by all his Lands, etc. and that of the profits, etc. so that he have here in eight days of the Purification of the blessed Virgin Mary, the aforesaid A. B. his Clerk to answer the aforesaid C. D. of the aforesaid Plea, etc. The Entry of a quid Juris clamat. ss. The Sheriff was commanded that he should cause to come here at this day (to wit) in eight days of St. Michael, Jane Wevel Widow, to acknowledge what right she claimeth in four messages, and two hundred Acres of Land, with the appurtenances in Pinghill, also Philip Buttler to acknowledge what right he claimeth in 50. Acres of Land, and five Acres of Meadow, with the appurtenances in P. aforesaid, which Thomas Prous in the Court of the Protector here hath granted to John Gye, by Fine thereof between them made, etc. and now here at this day came the aforesaid John Gye by John Ford his Attorney, and offered himself the 4th. day against the aforesaid Joan and Philip in the aforesaid Pleas, and they came not, and the Sheriff returned, that the aforesaid Joan is attached by pledges, John Den, and Richard Fen, and that the aforesaid Philip is attached by pledges, John Do and Richard Roose, therefore they are in mercy, etc. and let them be distrained that they be here in 8. days of S. Hillary, etc. A Distr. in a Quid Juris clamat. Oliver, etc. To the Sheriff, Greeting, we command you that you distrain Joan Wevel Widow, and Philip Butler by all their Lands, etc. (as in another Writ) and that of, etc. so that, etc. in eight days of St. Michael, to acknowledge what right (that is to say) the aforesaid Joan claimeth in 4. messages, and CC Acres of Land, with the appurtenances in Poughill, also the aforesaid Philip to acknowledge what right he claimeth in C. Acres of Land, and 5. Acres of Meadow, with the appurtenances in P. aforesaid, which Thomas Prous in our Court before our Justices at Westminster, hath granted to John Gye by Fine thereof between them made, and to hear their Judgement for many defaults, and have you there this Writ, T. etc. The Entry of the Writ aforesaid upon the Defendors, praying a Lilo. ss. The Sheriff was commanded that he should distrain Joan Wevel Widow, and Philip Butler, and M. his wife by all their Lands, etc. and that of the profits, etc. & that he should have their bodies before the Justices of the Lord Protector, here at this day (to wit) in eight days of S. Michael (that is to say) the aforesaid Joan to acknowledge what right she claimeth in four messages, and 200. Acres of Land, with the appurtenances in Poughil, and the aforesaid Philip, & M. to acknowledge what right they claim in 100 Acres of Land, and 5. Acres of Meadow, with the appurtenances in P. aforesaid, which T. Prous in the Court of the Protector here hath granted to John Gye by a Fine thereof between them made, etc. and now here at this day came as well the aforesaid John Gye, by John F. his Attorney, as the aforesaid Joan, also the aforesaid Philip, & M. in their proper persons, and hereupon the aforesaid John Oye prayeth that the aforesaid Joan, of the aforesaid four messages, and two hundred Acres of land with the appurtenances, and that the aforesaid Philip and Mary of the aforesaid C. Acres of Land, and five Acres of Meadow, with the appurtenances to him may attain, etc. And the aforesaid Joan, Philip and Mary pray, hearing of the Writ aforesaid, and to them it is read, they pray also hearing of the Note whereupon the same Writ issueth forth, and it is read to them in these words: Between, etc. which being read, & heard, they pray Licence thence of imparling here, till in 8. days of St. Michael, and they have, etc. the same day is given to the aforesaid John Gye here, etc. The Entry of a Writ of Ravishment of Ward. ss. The Sheriff was commanded, that if John Prior of Taunton, & John Soper would secure the said Sheriff for prosecuting their Plaint, than he should put under security and safe pledges, R. C. late of, etc. that he might be here at this day (to wit) in the morrow of the purification of the blessed Virgin Mary, to show wherefore T. Prior, Son & Heir of N. P. being within age, whose marriage unto the said John Prior, and John Soper doth belong, at Taunton found he Ravished, and took away against the will of the said J. P. and J.S. & against the peace of the Lord Protector now, etc. and that the same Sheriff should diligently inquire where the said Heir might be in his Bayly-week, and him, wheresoever he might be found, he should take, and safely, & securely keep, so that he might have him, & now here at this day came the aforesaid P. and J. by T.C. their Attorney, & offered themselves the 4th. day against the aforesaid R. in the Plea aforesaid, and he came not, and the Sheriff now returneth that he hath nothing, etc. and that the aforesaid T. is not found, etc. therefore let the aforesaid R. be taken, that he be here from the day of Easter in 15 days, and in the mean time he diligently inquire where the Heir is in his Bayly-week, & him wheresoever he shall be found, he take, and safely, and securely keep, so that him he may have at the aforesaid Term to be rendered, to which of the aforesaid P. and John he ought to be rendered, etc. A distr. in a Writ of Ravishment of a Ward. Oliver, etc. To the Sheriff, Greeting, we command you that you distrain (as in another Writ) to answer R.C. of a Plea, wherefore A. Son and Heir of R.S. being within age, whose marriage to the said R. and S. doth belong, at S. found, he Ravished and took away against the will of the said R. and S. and against our peace, and to hear his judgement for many defaults, and to show wherefore he kept not the day to him given by his Esloign, before our Justices at Westminster, from the day of Easter in 15. days after he was attached, and in the mean while you diligently inquire where the Heir is in your Bayly-week, and him wheresoever he shall be found, you take, and safely and securely keep, so that him you have before our said Justices at Westminster at the aforesaid Term to render, to which of the aforesaid R. & S. he ought to be rendered, etc. and have you there this Writ, etc. A Capias in Withernam upon an averia clongat. on a Writ of Returno habendo. Oliver, etc. To the Sheriff, Greeting, whereas J.C. and T.D. were Summoned to be in our Court, before our Justices at Westminster (tali die) to answer W. G. in a Plea, wherefore they took the Cattle of the said W. and them unjustly detained against security and pledges, as it is said, the same W. afterward in our said Court made default, whereby it was ordered in our said Court that the said W. and his pledges for prosecuting should be in mercy, and the aforesaid J. and T. should go thence without day, and that they should have return of the Cattle aforesaid, whereupon by our Writ we have commanded that to the aforesaid J. and T. the Cattle aforesaid you should cause to be returned, and them at the Plaint of the aforesaid W. you should not deliver without our Writ, which of the aforesaid judgement express mention should make, and how this our precept you had executed, you should certify to our Justices at Westminster, from the day of St. Hillary in 15. days last passed, and you to our Justices at Westminster at that day did return, that before the coming of the Writ aforesaid, the Cattle aforesaid were Esloigned to places to you unknown by the aforesaid W. so that them to the aforesaid J. and T. you could not return as by that Writ you were commanded, and therefore we command you that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken, in Withernam you take, and them to the aforesaid J. & T. you deliver to be detained by them, until the aforesaid Cattle first taken you can return, and put under security and safe pledges, the aforesaid W. that he be before our Justices at Westminster, from the day of Easter in 15. days, to answer as well us as the aforesaid T. and J. for the damages and injuries to them in this behalf done, and have you there the names of the pledges, and this writ, T. etc. The Entry thereof. ss. The Sheriff was commanded, that whereas J.C. and T.D. were Summoned to be in the Court of the Protector here (tali die) to answer W. G. in a Plea, wherefore they took the Cattle of the said W. and them unjustly detained against security and pledges, etc. the said W. afterward in the said Court made default, for which it was ordered in the same Court, that the said W. and his pledges for prosecuting should be in mercy, and that the aforesaid J. and T. should go thence without day, and that they should have return of the Cattle aforesaid, whereupon the said Protector did command the said now Sheriff, that to the aforesaid J. and T. the Cattle aforesaid he should cause to be returned, and them at the Plaint of the aforesaid W. he should not deliver without the Writ of the said Protector, which of the aforesaid judgement express mention should make, and how, etc. he should certify to the Justices here at this day (to wit) in eight days of S. Hillary, etc. and now here at this day came the aforesaid J. and T. by E. P. their Attorney, and the Sheriff now returneth that before the coming of the Writ aforesaid, the Cattle aforesaid were esloigned unto places to him unknown, so that them to the aforesaid J. and T. he cannot return as by that Writ he was commanded, etc. therefore the Sheriff is commanded that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid, first taken in Withernam he take, & them to the aforesaid J. and T. he deliver to be detained by them, until the Cattle aforesaid first taken he can return, and that he put under security and safe pledges the aforesaid W. that he be here in 8. days of the Purification of the blessed Virgin Mary, to answer as well the Lord Protector for the contempt as the aforesaid J. and T. for the damages, and injuries to them in this behalf done, etc. The Entry upon the return of a Nihil, on the Writ of Withernam. ss. At which day here came the aforesaid R. by his Attorney, and offered himself the 4th. day against the aforesaid J. in the Plea aforesaid, & he came not, and the Sheriff now returneth that there are no Cattle of the aforesaid J. in his Bayly-week, which in Withernam he can take, and deliver to the aforesaid R. to the value of the Cattle aforesaid first taken as he is commanded, and that the aforesaid J. hath nothing, etc. therefore let him be taken, that he be here from the day of Easter in 15. days. And hereupon continuation and process as in the Capias before. A Writ of Capias upon a Writ of Withernam. Oliver, etc. To the Sheriff, Greeting, whereas R. W. was Summoned to be in our Court before our Justices at Westminster, to answer T. H. in a Plea, wherefore he took the Cattle of the said T. and them unjustly detained against security and pledges, as it is said, the same T. afterward in our said Court made default, for which it was ordered there, that he and his pledges for prosecuting should be in mercy, and that the aforesaid R. should go thence without day, and that he should have return of the Cattle aforesaid, whereupon by our writ we commanded you, that to the aforesaid R. the Cattle aforesaid you should cause to be returned, and them at the Plaint of the aforesaid T. you should not deliver without our Writ, which of the aforesaid judgement express mention should make, & how that our precept you had executed you should certify to our Justices at Westminster in eight days of the holy Trinity last passed, and you to our Justices at Westminster at that day did return, that before the coming of the Writ aforesaid, the Cattle aforesaid were esloigned to places to you unknown by the aforesaid T. so that them to the aforesaid R. you could not return, as by that writ you were commanded, whereupon we commanded you that of the Cattle of the aforesaid T. to the value of his Cattle aforesaid first taken in Withernam you should take, and them to the aforesaid R. you should deliver to be detained, until the Cattle aforesaid first taken to the same R. you could return, and that you should put under security and safe pledges, the aforesaid T. that he might be before our said Justices at Westminster, in eight days of St. Michael then next ensuing, to answer as well us of the contempt to us, as the aforesaid R. of the damages and injuries to him in this behalf done, and you to our Justices at Westminster at hath day returned, that the aforesaid T. had no Cattle in your Bayly-week, which in Withernam you could take, and them to the aforesaid R. could deliver, as by that Writ you were commanded, and that the aforesaid T. had nothing in your Bayly-week whereby he can be attached. And therefore we command you that you take the aforesaid T. if he shall be found in your Bayly-week, and him safely keep, so that you may have his body before our Justices at Westminster, in eight days of St. Hillary, to answer as well us of the contempt to us, as the aforesaid R. of the damages and injuries to him in this behalf done, and have you there this Writ, T. etc. The Entry thereof. ss. The Sheriff was commanded, that whereas R. W. was Summoned to be in the Court of the Protector, here to answer T. H. in a Plea, wherefore he took the Cattle of the said T. and them unjustly detained against security and pledges, etc. the same T. afterward in the said Court made default, for which it was there ordered, that he and his pledges of prosecuting should be in mercy, and the aforesaid R. W. should go thence without day, and that he should have return of the Cattle aforesaid, whereupon the Lord Protector by his Writ to the said Sheriff did command, that those Cattle to the aforesaid R.W. he should cause to be returned, & them to the aforesaid T.H. he should not deliver without the Writ of the Lord Protector, which of the aforesaid judgement express mention should make, and how, etc. the Sheriff should certify to the Justices here, from the day of the holy Trinity in xv. day's last passed, at which day the Sheriff returned here, that before the coming of the Writ aforesaid, the Cattle aforesaid were esloigned to places to the same Sheriff unknown by the aforesaid T. so that them to the aforesaid R. he could not return, as by the Writ he was commanded, whereupon the said Sheriff was commanded that of the Cattle of the aforesaid T. to the value of his Cattle aforesaid first taken, in Withernam he should take, and them to the aforesaid R. he should deliver to be detained, until the aforesaid Cattle first taken he could return, and that he should put under security and safe pledges, the aforesaid T. that he might be here at this day (to wit) in eight days of St. Michael, to answer as well the Lord Protector of the contempt to the said Lord Protector, as the aforesaid R. of the damages and injuries to him in this behalf done, etc. and now here at this day came the aforesaid R. by J. Jener his Attorney, and the Sheriff now returneth that the aforesaid T. hath no Cattle in his Bayly-week, which in Withernam he could take, and them to the aforesaid R. could not deliver as by the Writ aforesaid he was commanded, and that the said T. hath nothing in his said Bayly-week, whereby he may be attached, etc. therefore the Sheriff is commanded that he take the aforesaid T. if, etc. and safely, etc. so that he have his body here in 8. days of St. Martin, to answer as well the Lord Protector for the contempt to the said Lord Protector, as the said R. for the damages and injuries to him in this behalf done, etc. Note, that a Latitat may be awarded, as is awarded in another writ of Capias. A Latitat upon the Capias after the Writ of Withernam. Oliver, etc. To the Sheriff, Greeting, whereas R. W. was Summoned to be in our Court before our Justices at Westminster, to answer T. H. of a Plea, wherefore he took the Cattle of the said H. and them unjustly detained against security & pledges as he sayeth, the same T. afterward in our said Court made default, whereby it was considered there, that he & his pledges of prosecuting should be in mercy, and that the aforesaid R. should go thence without day, and that he should have return of the Cattle aforesaid, whereupon by our Writ we commanded our Sheriff of Devon, that to the aforesaid R. his Cattle aforesaid, he should cause to be returned, and them at the Plaint of the aforesaid T. he should not deliver without our Writ, which of the aforesaid judgement express mention should make, and how that our precept he should have executed, the same Sheriff should certify to our Justicces at Westminster, from the day of the holy Trinity in 15. days last passed, and the said Sheriff of Devon to our Justices at Westminster at that day returned, that before the coming of the aforesaid Writ, the Cattle aforesaid were esloigned to places to him unknown by the aforesaid H. so that them to the aforesaid R. he could not return, as by that Writ it was commanded, whereupon the said Sheriff of Devon we commanded that of the Cattle of the aforesaid H. to the value of his Cattle aforesaid first taken in Withernam he should take, and them to the aforesaid R. he should deliver to be detained, until the aforesaid Cattle first taken to the said R. he could return, and that he should put under security and safe pledges, the aforesaid H. that he should be before our said Justices at Westminster, from the day of St. Michael in 15. days then next following, to answer as well us for the contempt to us, as the aforesaid R. for the damages and injuries to him in this behalf done, the same Sheriff of Devon to our Justices at Westminster at that day returned, that the aforesaid H. had not Cattle in his Baylywick, which in Withernam he could take, that them to the aforesaid R. he might return, as by that Writ he was commanded, and that the aforesaid H. had nothing in his Baylywick whereby he might be attached, whereupon by our Writ the said Sheriff of Devon we commanded, that he should take the aforesaid H. if he might be found in his Bayly-week, and him safely should keep, so that he might have his body before our Justices at Westminster in 8. days of St. Martin last passed, to answer as well us for the contempt to us, as the aforesaid R. for the damages and injuries to him in this behalf done, at which day the said Sheriff of Devon to our Justices at Westminster returned, that the aforesaid H. was not found in his Baylywick, whereas it is witnessed in our said Court, that the said H. doth lurk, wander, and lie hid in your County, and therefore we command you that you take the aforesaid H. if he shall be found in your Baylywick, and him safely keep, so that you have his body before our Justices at Westminster in 8. days of St. Hillary, to answer as well us for the contempt to us, as the aforesaid R. for the damages and injuries to him in this behalf done, and have you there this Writ, etc. The Entry of the Capias in Withernam, where the Sheriff returns a Rescue upon the same Writ. It was commanded to the Sheriff, whereas L. S. was Summoned to be in the Court of the Lord Protector here to answer W.W. in a Plea, wherefore he took the Cattle of the said W. & them unjustly detained against security and pledges, etc. the said W. afterward in our said Court made default, for which it was ordered there, that he and his pledges of prosecuting should be in mercy, and that the aforesaid L. should go thence without day, and that he should have return of the Cattle aforesaid, whereupon the Lord Protector by his Writ the said Sheriff commanded, that those Cattle to the aforesaid L. he should cause to be returned, and them at the Plaint of the aforesaid W. he should not deliver without the Writ of the said Lord Protector, which of the aforesaid judgement express mention should make, and how, etc. the Sheriff should make appear here in eight days of St. Hillary last passed, and the same Sheriff to the Justices here at that day returned, that before the coming of the Writ aforesaid, the Cattle aforesaid were esloigned unto places to him unknown by the aforesaid W. so that them to the aforesaid L. he could not return, as by that Writ it was commanded, whereupon the said Lord Protector to the Sheriff of the said County commanded, that of the Cattle of the aforesaid W. to the value of the aforesaid Cattle first taken in Withernam he should take, and them to the aforesaid L. he should deliver to be detained, until the aforesaid Cattle first taken he could return, and that he should put under security and safe pledges, the aforesaid W. that he might be here at this day (to wit) from the day of Easter in 15. days, to answer as well the Lord Protector for the contempt to the same Lord Protector, as the aforesaid L. for the damages and injuries to him in this behalf done, etc. and now here at this day came the aforesaid L. by R. P. his Attorney, and the Sheriff (to wit) J. F. Esq now returned that he by virtue of that Writ made his certain Warrant with his seal, sealed to one J. H. that of the Cattle of the aforesaid W. to the value of his Cattle aforesaid first taken in Withernam, he should take, and them to the aforesaid L. he should deliver to be detained, until the Cattle aforesaid first taken, he might return according to the express command of the said Writ, and by virtue of the Warrant aforesaid, the said J. H. the Cattle of the aforesaid W. in Withernam did take, and them to the aforesaid L. would have delivered, but there came the aforesaid W. the 10. day of May last past, with many other unknown persons arrayed in warlike manner, and the aforesaid Cattle at Baunton, in the County aforesaid, from the custody of the aforesaid J. H. his Bailiff took and lead away, and upon the aforesaid Bailiff of the said Sheriff then and there made an assault, and him would have killed, except he had suffered his said Cattle to escape, and so for fear of his death he suffered them to escape to the aforesaid W. and those Cattle for the cause aforesaid he could not deliver as by the Writ aforesaid to him it was commanded, and further the said Sheriff to our Justices here certified, that after the aforesaid tenth day of May the said W. had not Cattle within his Baylywick, which any wise in Withernam he could take according to the form of the aforesaid Writ, and that the said W. had nothing in the Baylywick of the said Sheriff whereby he might be attached, etc. therefore to the Sheriff is commanded that he do take the aforesaid W. if, etc. and safely, etc. so that he may have his body here from the day of St. Michael in xv. days, to answer as well the Lord Protector for the contempt to the said Lord Protector, as the aforesaid L. for the damages and injuries to him in this behalf done, etc. A Distr. and a Deuces Tecum in one Writ. Oliver, etc. To the Sheriff, Greeting, we command you that you distrain J.H. late of, etc. (as in another Distr.) to answer R. B. in a Plea, that he render to him one hundred shillings, which to him he oweth and unjustly detaineth as he saith, and to hear his judgement for many defaults, we command you also that you have before our Justices at Westminster at the aforesaid Term, the body of W. D. late of T. etc. whom by our command you have taken, and in your custody you detain, being sick in prison as you yourself to our Justices at Westminster in 8. days of S. Hillary last passed, returned to answer the aforesaid R. in the Plea aforesaid, and have you there this Writ, T. etc. The Entry thereof. R. B. By his Attorney offered himself the fourth day against J. H. late of etc. and W.D. late of, etc. in a Plea, that they render to him C. s. which to him they own and unjustly detain, etc. and they came not, and the Sheriff was commanded that he should distrain the aforesaid J. H. and that he should take the aforesaid W.S. and as for the aforesaid J. H. the Sheriff now returneth that he is destrained by Cattle to the value of x. l. and is mainprized by T.C. and M. R. therefore they are in mercy, etc. & as heretofore let him be distrained that he may be here in eight days of St. Michael, and as for the aforesaid W. D. the Sheriff now returneth that he took the body of the aforesaid W. D. whose body he committed to the prison of the Lord Protectors Goal of his Castle of York, which said W. in the same prison is sick, and with such infirmities is detained at the present, he cannot be sent without the danger of death, therefore it is commanded to the Sheriff that he may have here at the aforesaid Term the body of the aforesaid W. whom, etc. as, etc. to answer the aforesaid John in the Plea aforesaid, etc. A Writ of Petite Cape, in a Writ of Formedon. Oliver, etc. To the Sheriff, Greeting, take into our hand by the view of honest and lawful men of your County one Toft with the appurtenances in B. which C. D. in our Court before our Justices at Westminster, claimeth against O. P. as his right by our writ of Formedon in Descender for the default of the said O. and Summon by good Summoners the aforesaid O. P. that he may be before our Justices at Westminster in 8. days of St. Hillary, to hear thereupon his judgement, and have you there the Summoners and this Writ, T. etc. The Entry thereof. ss. C.D. by his Attorney offered himself the 4th. day against A. B. in a Plea of one Toft, with the appurtenances in B. which the same C. D. in the Court of the Protector here claimeth against him by the Writ of the Lord Protector of Formedon in Descender, etc. and he came not, and he had thence day given him, here even unto this day (to wit) in 8. days of S Michael afterward before he appeared here in Court, and judgement that the Toft aforesaid with the appurtenances be taken into the hand of the Lord Protector, and day, etc. and the aforesaid A. B. be Summoned, that he may be here in 8. days of St. Hillary, etc. A Writ of Magnum Cape in a Cessavit after Essoin. The Protector to the Sheriff, Greeting, take into our hand by the view of honest and lawful men of your County, one message with the appurtenances in S. which A. G. in our Court before our Justices at Westminster, claimeth as his right against R.B. by our writ of Cessavit per biennium for the default of the said R. and the day of the taking certify to our Justices at Westminster by your Letters Sealed, and Summon by good Summoners the aforesaid R. B. that he be before our Justices at Westminster in 8. days of St. Hillary, thereupon to answer and show wherefore he kept not the day to him given by his Essoin hear at this day (to wit) in eight days of St. Michael after he was Summoned, and have you there the names of them, by whose view you shall make this Summons, and this Writ T. etc. The Entry thereof. ss. A. G. by T.M. his Attorney offered himself the 4th. day against R. B. in a Plea of one message, with the appurtenances in S. which the same A. in the Court of the Protector here claimeth as his right, by the writ of the Lord Protector of Cessavit per biennium against him & he came not, & he had thence day given him by his Essoigne here unto this day (to wit) in 8. days of S. Michael after he was Summoned, etc. judgement that the message aforesaid, with the appurtenances be taken into the hand of the Lord Protector, and day, etc. and the aforesaid R. be Summoned that he may be here in 8. days of S. Hillary, etc. A Writ of Magnum Cape, in a Writ of Cessavit of a Formedon. Oliver, etc. To the Sheriff, Greeting, take into our hand by the view of lawful men of your County, one Toft with the appurtenances in B. which R. C. in our Court before our Justices at Westminster claimeth as his right against T. M. by our Writ of Cessavit per biennium, for the default of the said T.M. and the day of the taking certify to our Justices at Westminster by your Letters sealed, and Summon by good Summoners the aforesaid T. that he may be here before our Justices in eight days of the holy Trinity thereof to answer, and show wherefore he was not before our Justices at Westminster in 8. days of St. Hillary last passed, as he was Summoned, and have you there the names of them, by whose view you shall make this Summons, and this Writ T. etc. The Entry thereof. R. C. by T. H. his Attorney offered himself the fourth day against T. M. in a Plea of one Toft with the appurtenances in B. which the said R. in the Court of the Protector here claimeth as his right by the Writ of the Lord Protector of Cessavit per biennium against him, and he came not, and he was Summoned, etc. Judgement that the Toft aforesaid, with the appurtenances be taken into the hand of the Lord Protector, and day, etc. and the aforesaid T. be Summoned, that he may be here in eight days of the holy Trinity, etc. A Writ of Plur. Magnum Cape in Dower. ss. Oliver, etc. To the Sheriff, Greeting, we command you as many times, we have commanded you that you take into our hand, by the view of lawful men by your County, the 3. part of two messages, with the appurtenances in K. in three parts divided, which A. H. Widow in our Court before our Justices at Westminster claimeth against M. H. as her Dower by the endowment of J. H. heretofore her husband for the default of the said M. and the day of the taking you certify to our Justices at Westminster by your Letters sealed, and Summon by good Summoners the aforesaid M. that he may be here before our Justices at Westminster in eight days of St. Hillary thereof to answer, and show wherefore he was not in our Court before our Justices at Westminster in eight days of the holy Trinity last passed, as he was Summoned, and have you there the names of them, by whose view you shall make this Summons, and this Writ T. etc. The Entry thereof. ss. A.H. Widow, lately the wife of J. H. by J. B. her Attorney offered herself the fourth day against M. H. of the third part of two messages, with the appurtenances in K. into three parts divided, which the said A. in the Court of the Protector, here claimeth against him as her Dower by the endowment of the aforesaid J. H. heretofore her husband, and he came not, and he was Summoned, etc. Judgement that the third part aforesaid, with the appurtenances be taken into the hand of the Lord Protector, and day, etc. and the aforesaid M. be Summoned, that he may be here in 8. days of St. Michael, etc. at which day here came the aforesaid A. by her Attorney aforesaid, & the Sheriff thereupon did nothing, nor the Writ thereof returned. Therefore as before, let another Writ thereupon be made to him in form aforesaid, returnable here in the morrow of all Souls, etc. A Writ of Magnum Cape, and Non Omit. in a Praecipe in Capite. Oliver, etc. To the Sheriff, Greeting, we command you that you omit not for any our Liberty of the Town of S. but take into our hand by the view, etc. as in another Writ, for the default of the Defendant, and whereupon yourself before did return to our Justices at Westminster, that you commanded A. B. and T.T. your Bailiffs of our Liberty of our Town of B. who have full return of all Writs, Bills, and Precepts, and the Execution thereof within the Liberby aforesaid, within which Liberty the Tenements aforesaid are, which said Bailiffs no answer to you gave, and the day of the taking you certify to our Justices at Westminster by your letters sealed, and Summon as in another Writ, T. etc. The Entry thereof. ss. The Sheriff was commanded that he should not omit for the Liberty of the Protector of S. but Summon R. M. that he might be here at this day (to wit) from the day of the holy Trinity in 15. days, to answer R. C. in a Plea of one message with the appurtenances in S. which the said R.C. claimeth as his right against him by the Writ of the Lord Protector of a Praecipe in Capite, and whereupon the aforesaid Sheriff before here did return, that he commanded A.B. and T. T. Bailiffs of the said Lord Protector of the Liberty of his Town of S. who have the full return, etc. and to whom, etc. and who to him no answer etc. and now here at this day came the aforesaid R C. by J. O. his Attorney, and offered himself the fourth day against the aforesaid R. M. in the Plea aforesaid, and he came not, and Summon, etc. Judgement that the aforesaid message with the appurtenances be taken into the hand of the Lord Protector, and day, etc. and the aforesaid R. M. be Summoned that he be here in the morrow of St. Martin, etc. and that the Sheriff omit not, etc. The Sheriffs return in a Mand. Balliv. Libt. I have commanded A. B. and C. D. Bailiffs of the Liberty of the Town of C. who have full return of all Writs and Mandates, & the Executions thereof within the Liberty aforesaid, within which Liberty the Tenements in the Writ contained are, which said Bailiffs thus answer me, as it appeareth in the panel indented to this writ fixed. A Writ of Seisin in Dower. Oliver, etc. To the Sheriff, Greeting, etc. know you that A.H. etc. in our Court before our Justices at Westminster hath recovered her seisin against M. H. of the third part of two parts of the Manor of K. with the appurtenances in three parts divided, as her Dower by the endowment of the aforesaid J. H. heretofore her husband for default of the said M. and therefore we command you that to the aforesaid A. plenary seisin of the third part aforesaid, with the appurtenances to be held by her in severalty by Meets and Bounds without delay you cause to have, and how this our Writ shall be executed you make appear to our Justices at Westminster in eight days of St. Hillary, and have you there this writ T. etc. Seisin by default in a Writ of Dower, upon which the Sheriff returns, that the husband died in Fee-Tail, upon which is awarded a Writ of inquiry of damages in one Writ. ss. A.H. By her Attorney offered herself the fourth day against M. H. of a Plea of the third part of two parts of the Manor of K. with the appurtenances in three parts divided as her Dower by the endowment of J. H. heretofore her husband against him, and he came not, & heretofore he made default here (to wit) from the day of the holy Trinity in 15. days last passed, after he was Summoned, etc. so that then it was commanded to the Sheriff, that he should take the third part aforesaid, with the appurtenances into the hand of the Lord Protector, & day, etc. and that he should Summon by good Summoners the aforesaid M. that he should be here at this day (to wit) from the day of S. Hillary in 15. days then next following, to answer the aforesaid A. as well of the principal Plea, as of the default aforesaid, etc. and the Sheriff now restifieth the day of the Caption, etc. and that he Summoned, etc. Therefore it is ordered that the aforesaid A. should recover her seisin against the aforesaid M. of the third part aforesaid with the appurtenancies by default, etc. & the said M. be in mercy, etc. & hereupon the aforesaid A. prayeth the Writ of the Lord Protector of causing plenary seisin of the third part aforesaid, with the appurtenances to have to her, and it is granted her returnable here from the day of Easter in 15. days, etc. and also the aforesaid A. saith, that the aforesaid J. H. heretofore her husband, etc. died, seized of the Tenements aforesaid with the appurtenances whereof, etc. in his demeasne as of Fee-Tail, and prayeth the Writ of the Lord Protector of inquiry of damages, etc. and it is granted her returnable here at the aforesaid Term, etc. A Writ of Habere Facias seisinam in Dower by default, and of inquiry of the value of damages, and of the seisin of the husband in one Writ. Oliver, etc. To the Sheriff, Greeting, know you that T. Rusmer, and E. his wife, which was the wife of William Mawsey, in our Court before our Justices at Westminster have recovered their seisin against Thomas Mawsey, of the third part of one message one Garden, and nine Acres of Land, with the appurtenances in K. by our Writ of Dower, whereof she hath nothing of the endowment of the aforesaid W. Mawsey, heretofore her husband by the default of the said T. M. and therefore we command you that to the same Thomas Rusmer, & E. plenary seisin of the third part aforesaid, with the appurtenances to be held by them in severalty, by Meets & Bounds without delay you cause to have, and furthermore by the Oath of honest and lawful men in your County you diligently inquire, whether the aforesaid W. M. did die seized of the Tenements aforesaid, with the appurtenances in his demeasne, as of Fee-simple, or Fee-tail, and after that by that inquisition you shall so find it then by their Oath you diligently inquire how much those Tenements with the appurtenances are worth by the year in all profits besides reprizes, according to the true value of the same, and how much time is elapsed from the time of the death of the aforesaid William, and also what damages the aforesaid T.R. and E. have sustained, as well by occasion of the detention of the Dower aforesaid, as for the costs and charges by them, about their suit in this behalf laid out, and the inquisition which thereof you shall make under your seal, and the seal of them, by whose Oath you shall make that inquisition you certify to our Justices at Westminster, from the day of the holy Trinity in three weeks, and have you there this Writ T. etc. A Writ of Pone in Partition. Oliver, etc. To the Sheriff, Greeting, put under security & safe pledges, W. A. and J. his wife, that they may be before our Justices at Westminster, etc. to answer T. W. and M. his wife in a Plea, wherefore whereas T. and M. together, & undivided do hold one message, one Garden, etc. with the appurtenances in Gistingham, the same W. and J. partition thereof among them, according to the form of the Statute in this case provided to be made do gainsay, and it to be done do not permit, unjustly, and against the form of the Statute aforesaid, as it is said, and to show wherefore they were not before our Justices at Westminster, from the day of Easter in 15. days last passed, as they were Summoned, and have you there the names of the pledges, and this Writ, etc. A Writ of Pone in Warrantia Chartae. Oliver, etc. To the Sheriff, Greeting, put under security & safe pledges, J. R. and T. P. that they be before our Justices at Westminster, in the morrow of the holy Trinity, to answer J.D. in a Plea, that they Warrant to him thirteen Acres of Land, with the appurtenances in W. which he holdeth, and of them to hold claimeth, and of whom he hath his Charter as he saith, and to show wherefore they were not before our Justices at Westminster, from the day of Easter in 15. days last passed, as they were Summoned, and have you there the names of the pledges, and this Writ, etc. A Writ of Habeas Corpus. Oliver, etc. To the Sheriff, Greeting, we command you that you have before our Justices at Westminster, from the day of St. Michael in 15. days, the body of W. J. late of, etc. whom by our command you have taken, and in your custody do detain as yourself to our Justices at Westminster, from the day of the holy Trinity in 15. days last passed, have returned to answer R.S. in a Plea that he render to him forty shillings which to him he oweth, and unjustly detaineth as he saith, and have you there this Writ, T. etc. The Entry thereof. ss. The Sheriff was commanded that he should take W. J. late of, etc. if &c. and safely, etc. so that he might have his body here at this day (to wit) from the day of the holy Trinity in fifteen days, to answer R. S. in a Plea, that he render to him forty shillings, which to him he oweth and unjustly detaineth, etc. and now here at this day came the aforesaid R. by W. B. his Attorney and offered himself the 4th. day against the aforesaid W. J. in the Plea aforesaid, and he came not, and the Sheriff now returneth that he took the body of the aforesaid J. whose said body here at this day he hath ready, and because the said Sheriff the body of the aforesaid J. now here hath not, therefore the said Sheriff (to wit) N.B. Esq is in mercy, and is amearced by the Justices here to forty shillings, & in mercy, xl.s. the same Sheriff is commanded that he have here from the day of St. Michael in 15. days the body of the aforesaid J. whom, etc. to answer the aforesaid R. in the Plea aforesaid, etc. A Capias pro sine upon a Rescus. Oliver, etc. To the Sheriff, Greeting, we command you that you omit not for any liberty of your County, but take T. W. late of, etc. if he shall be found in your Bayly-week, and him safely keep, so that you may have his body before our Justices at Westminster in eight days of St. Michael, to answer as well us for certain Trespasses, Rescues, and Contempts by you, before our Justices at Westminster in the morrow of the holy Trinity last passed returned as William Game in a Plea, that he render to him one hundred shillings, which to him he oweth, and unjustly detaineth as he saith, and have you there this Writ, T. etc. The Entery thereof. ss. T.D. Esq Bailiff of the Liberty of E. in the County aforesaid, by his Attorney offered himself the 4th. day against T. W. late of B. in the County aforesaid, etc. with an alius dictus in a Plea, that he together with S. F. late of, etc. render to him xx. l. which to him they own, and unjustly detained, etc. and he came not, and as heretofore the Sheriff was commanded that he should take him, if, etc. and safely, etc. so that he might have his body here at this day (to wit) in the morrow of the holy Trinity, etc. and the Sheriff now returneth that he by virtue of the Writ of the Lord Protector to him thereof directed the third day of June, in the year of our Lord 1654. at Marleford in his Bayly-week (to wit) within the County of Norfolk aforesaid, took the body of the aforesaid T. W. and the said T. in his custody by virtue of the Writ aforesaid then, and there had, & kept until afterward (to wit) the same third day of June, in the year of our Lord 1654. aforesaid, the same T. W. of K. in the said County of Norfolk having gathered together to him very many malefactors, and disturbers of the peace, of the now Lord Protector with force and arms on the aforesaid Sheriff, together with the aforesaid malefactors an assault and affray did make, and the aforesaid Sheriff did beat, wound, and evil entreat, so that of his life, it was despaired, and the said Thomas, and the malefactors, the aforesaid Thomas from the custody of the said Sheriff with force and arms aforesaid, took and rescued, whereby the said T. at large, whether he would against the will of the said Sheriff escaped out, against the peace of the said Lord Protector, & afterward the said Thomas was not to be found in his Bayly-week. Therefore it is commanded to the Sheriff, that he omit not for any Liberty of his County aforesaid, but he take the aforesaid T.W. if, etc. and safely, etc. so that he may have his body here in 8. days of St. Michael, to answer the said Lord Protector of the reskues, trespasses, and contempts aforesaid, etc. The Entry of a return. Habend. ss. John Scot by his Attorney offered himself the 4th. day against Thomas Smart in a Plea, wherefore the same John took the Cattle of the said Thomas, and them unjustly detained against security and pledges, etc. and he being solemnly exacted came not, and was Plaintiff, etc. Therefore it is ordered that the said Thomas and his pledges for prosecuting be in mercy, etc. & that the aforesaid John go thence without day, and that he have return of the Cattle aforesaid, etc. inquire the names of the pledges, etc. and how, etc. the Sheriff make appear here in eight days of St. Michael, etc. Habere facias seisinand. Oliver, etc. To the Sheriff of Cambridge, Greeting, know you that Rich. Paterick, and Dorothy his wife, in our Court before our Justices at Westminster have recovered their seisin against John Street, of the third part of one message with the appurtenances in O. as the Dower of the said Dorothy by the endowment of Henry Street, heretofore her husband by our Writ of Dower, whereof she hath nothing by the default of the said John, and therefore we command you that ●o the same Richard and Dorothy, plenary seisin of the third part aforesaid, with the appurtenances without delay you cause to have, to be held in severalty by Meets and Bounds: we command you also that by the Oath of honest, & lawful men of your County you diligently inquire, whether the aforesaid Henry died seized of the Tenements aforesaid, with the appurtenances in his demeasne as of Fee-simple, or of Fee-tail, & if you shall find it so, then by their Oath you diligently inquire how much those Tenements are worth by the year in all profits besides Reprizes, according to the true value of the same, and how much time is elapsed from the time of the death of the said Henry, and what damages the aforesaid Richard and Dorothy have sustained by occasion of the detention of the Dower aforesaid, and how this our Writ you shall execute you make appear to our Justices at Westminster, in 8. days of St. Michael, under your Seal, and the Seal of them, by whose Oath that inquisition you shall make, and have you there this Writ, etc. The Entry thereof. ss. Richard Paterick, and Dorothy his wife, by Matthew Wallingham their Attorney offered themselves the fourth day against John Strete in a Plea of the third part of one message, with the appurtenances in O. which the same Richard and Dorothy in the Court of the Lord Protector, now at the Town of A. in the County of Hertf. claim as the Dower of the said Dorothy, by the endowment of Henry Strete, heretofore her husband by the Writ of the Lord Protector of Dower, whereof she hath nothing and he came not and hath made default here (to wit) from the day of Easter in 15. days last passed after he was Summoned, etc. so that then the Sheriff was commanded, that he should take the third part aforesaid, with the appurtenances into the hand of the Lord Protector, and day, etc. & that he should Summon by good Summoners the aforesaid John, that he might be here at this day (to wit) from the day of the holy Trinity in three weeks, than next following, to answer the aforesaid Richard, and Dorothy, as well of the principal Plea, as of the default aforesaid, and the Sheriff now doth testify the day of the taking H. aforesaid, etc. and that he hath Summoned, etc. Therefore it is ordered that the aforesaid Richard and Dorothy, recover against the aforesaid John their seisin, of the third part aforesaid, with the appurtenances by default, etc. and the said John be in mercy, etc. and hereupon the aforesaid Richard and Dorothy, pray the Writ of the Lord Protector to the Sheriff of the County aforesaid to be directed of causing plenary seisin to them to have of the third part aforesaid, with the appurtenances to be held by them in severalty by meets, and bounds, and it is granted them returnable here in 8. days of St. Michael, etc. and also the said Richard & Dorothy say, that the aforesaid Henry died seized of the Tenements aforesaid, with the appurtenances in his demeasne as of Fee, and pray the Writ of the Lord Protector to inquire of damages, etc. and to them it is granted returnable here at the aforesaid Term, etc. The Entry of a Summons in severance upon an Alias Capias. ss. The Sheriffs were commanded as heretofore that they should take Robert Godfrey, late of, etc. and William Cornwallis, late of, etc. if, etc. and safely, etc. so that they might have their bodies here at this day (to wit) in the morrow of the holy Trinity, to answer Francis Wyndam, Michael Stanhope, Edw. Cook, and Miles Corbet, Executors of the Testament of Roger Towns●end, Knight, lately called Rogeri Towns-hend de East Rainham in Com. predict Armig. in a Plea, that the aforesaid Robert render to them three hundred pounds, and in a Plea that the aforesaid William render to them two hundred Marks, which from them they unjustly detain, etc. & now here at this day came the aforesaid Michael & Miles by Stephen Drewry their Attorney, and the aforesaid Francis, and Edward the fourth day of the Plea, being solemnly called, came not, & hereupon the aforesaid Michael and Miles offered themselves the fourth day against the aforesaid Robert & William, in the Plea aforesaid, & they came not, and the Sheriff now returneth that they are not found, etc. therefore as many times, let them be taken that they be here from the day of the holy Trinity in three weeks, etc. and the Sheriff is commanded that he Summon by good Summoners the aforesaid Francis and Edward, that they be here at the aforesaid Term, to prosecute against the aforesaid Robert and William, together with the aforesaid Michael and Miles their Plea aforesaid, if, etc. The Entry of a Summons in severance upon a Plur. Cap. It was commanded to the Sheriff as many times that he should take Christopher Heydon, late of, etc. Robert Jervis, late of, etc. if, etc. and safely, etc. so that he might have their bodies here at this day (to wit) from the day of the holy Trinity in three weeks to answer Francis Wyndham, Michael Stanhope, Edward Cook, and Miles Corbet, Executors, etc. in a Plea, that he render to them, etc. which from them they unjustly detain, etc. and now here at this day came as well the aforesaid Michael Stanhope and Miles Corbet, by Stephen Drewry their Attorney, as the aforesaid Christopher by R.B. his Attorney, and the aforesaid Francis Windham, and Edward Cook, also Plaintiffs, etc. the fourth day of the Plea, being solemnly called came not, and were Summoned, etc. Therefore it is ordered that the aforesaid Michael Stanhope, and Miles Corbet, do prosecute alone, without the aforesaid Francis Windham and Edward Cock, against the aforesaid Christopher Heydon, and Robert Godfrey their Plea aforesaid, and hereupon the said Michael Stanhope & Miles Corbet offered themselves the 4th. day against the aforesaid Christopher and Robert Godfrey in the Plea aforesaid, and they came not, and the Sheriff now returneth that they are not found, etc. And so follow the old form. A Distr. nuper vic. ad Habend. Corpus, where the Sheriff returns that he took the body, but had it not at the return of the Writ. Oliver, etc. Greeting, we command you as many times we have commanded you, that you distrain John Choyn, late Sheriff of your County, your predecessor by all his Lands & Chattles in your Baylywick, so that neither he, nor any for him lay hands thereupon, until you receive further command thereof from us, etc. as in another Distr. until. so that he may have before our Justices at Westminster (tali die) the body of W. L. late of C. in your County Merchant, whom by our command he took, and in his power detained, as he to our Justices at Westminster in eight days of the holy Trinity last passed did return, or who at the County of Devon hol●en at Exon Wednesday the 5th. day of October, in the year of our Lord 1654. the fifth time was called & appeared, & rendered himself to the prison of our Castle of Exeter, whose body before our Justices at Westminster (tali die) he should have had, to answer Jo. Hach, Esq in a Plea, wherefore with force & arms, the goods and Cattle of the said John, to the value of C. l. at C. found, he took, and carried away, and other Enormities, etc. and to hear his judgement for many defaults, and have you there this Writ, etc. The Entry thereof. The Sheriff was commanded, as often times that he should distrain John Choin, late Sheriff of the County aforesaid his predecessor by all his Lands, etc. and that of the profits, etc. so that he might have here at this day (to wit) from the day of St. Michael in xv. days, the body of Walter H. late of C. in the County aforesaid Merchant for that at the County of Devon holden at Exon wednesday the 5th. day of October, in the year of our Lord 1654. the 5. time he was called, and appeared, & rendered himself to the prison of the Lord Protector of his Castle of Exon, whose body here at this day aforesaid, he should have had to answer John Hach, Esq in a Plea, wherefore with force & arms, the Goods and Cattle of the said J. to the value of one hundred pounds at C. found he took and carried away and other Enormities etc. to the great damage etc. and against the peace of the Protector etc. and now here at this day came the aforesaid John Hatch by B. A. his Attorney and offerred himself the 4th. day against the aforesaid Walter in the Plea aforesaid, and the Sheriff now returneth that the aforesaid late Sheriff is distrained by Cattle to the value of twenty shillings, and is mainprised by E. H. and R. H. Therefore they are in mercy etc. and as ofttentimes the now Sheriff is commanded that he distrain the aforesaid late Sheriff by all his Lands etc. and that of the profits etc. so that he might have here (to wit) from the day of St. Hilary in 15 days the Body of the aforesaid Walter, who &c. to answer the aforesaid I. Hatch in the Plea aforesaid. A Distringas nuper vic. Oliver etc. To the Sheriff of Worcester greeting, we command you that you distrain John Chechester Kt. late Sheriff of your County, your Predecessor, by all his Lands and Chattels in your Bailywick, so that neither he nor any other for him thereon do lay hands, until you shall receive further command from us, and that of the profits thereof you answer us, so that he may have before our Justices at Westminster on Monday next after the month of St Michael, the body of Michael Short, whom by our command he took, and in his power detained, and whse body before our Justices at Westminster on Saturday next after 8 days of St Hillary in the year of our Lord 1653. he had ready, as the same Sheriff to our Justices at Westminster at that day returned, to answer Will. Warren, one of the Attorneys of our Court of Common Bench, according to the Liberties and Privileges of the same Court for such Attorneys and other our Ministers of the same Bench from the time whereof the memory of man is to the contrary, used and approved in the same, in a Plea of Trespass upon the Case, and have you there this Writ etc. De infra nominat. I. Chechester militis J. Do, & Ric. Roose. Exit xxs. W. C. nul. vic. The entry of a Distringas nuper vic. ss. The Sheriff was commanded that he should have here at this day (to wit) in 8 days of St. Hilary last passed, the body of H. late of etc. whom the said Sheriff took, and in his power detained, to answer R. in a Plea, that he render to him 40s. which he oweth him and unjustly detaineth &c. And now here at this day came the aforesaid R. by M. I. his Attorney and offered himself the 4th. day against the aforesaid H. in the Plea v, and he came not, and the Sheriff now returneth that the said H. was not taken by himself, but by I. D. late Sheriff Predecessor of him the said now Sheriff, nor the body of the said H. to the aforesaid now Sheriff was delivered in his going out of Office, therefore the said now Sheriff is commanded that he distrain the aforesaid late Sheriff by all his Lands, etc. and that of the profits, etc. so that he may have here (tali die) the body of the aforesaid H. whom, etc. to answer the aforesaid R. in the Plea aforesaid, etc. A Distringas nuper, vic. aliter. Oliver, etc. To the Sheriff of S. Greeting, we command you that you distrain O. S. Esq late Sheriff of your County by all his Lands (ut supra) and that you have his body before our Justices at Westminster, to deliver to you the body of D. late of, etc. whom by our command he took as he to our Justices at Westminster, at a certain day now past returned, so that the body of the said D. you may have before our Justices at Westminster (tali die) to answer Q. in a Plea, that he render to him, x. l. which to him he oweth, and unjustly detaineth as it is said, & to hear his judgement for many defaults, and whereupon yourself did formerly return to our Justices at Westminster, that the aforesaid D. in the time of the aforesaid G.S. was taken, which said G. the body of the aforesaid D. to you did not deliver nor in our prison under your Custody he is, nor ever was, and have you there this Writ, T. etc. The entre of a Magnum Cape in Dower Ret. Craft. animarum, and per non mi sit, bre. Magnum Cape, ret. 8. Hil. and thereupon a nolle prosequi. ss. Elizabeth Dalby Widow, who was the wife of William Dalby Gentleman, by her Atorney offered herself the 4th. day against Lionel Dalby Gent. in a Plea of the third part of one message, one Garden, thirty Acres of Land, twenty Acres of Meadow, thirty Acres of Pasture, twenty Acres of Marsh, and ninety Acres of Wood, with the appurtenances in Tottenham High-Crosse, and Edolneton, otherwise Edmonton, which the said Elizabeth in the Court of the Lord Protector here claimeth as her Dower by the endowment of the aforesaid William, heretofore her husband against him by the Writ of the Lord Protector of Dower, whereof she hath nothing &c. and he came not, and he was Summoned, etc. judgement that the third part aforesaid, with the appurtenances be taken into the hand of the Lord Protector, and day, etc. and that the aforesaid Lionel be Summoned that he be here in the morrow of All Souls, etc. at which day here came the aforesaid Elizabeth by her Attorney aforesaid, and the Sheriff hath not returned the Writ, therefore let the Tenements aforesaid, with the appurtenances as before be taken into the hand of the Lord Protector, etc. and the aforesaid Lionel as before be Summoned that he be here in eight days of St. Hillary, etc. before which said 8. days of St. Hillary, (to wit) the 15. day of November, in that same Term came here in Court the aforesaid Elizabeth by Edward Lodesham her Attorney, and acknowledged here in Court that she will not prosecute against the aforesaid Lionel, in the Plea nolle prosequi aforesaid, but further therein to prosecute against the aforesaid Lionel, wholly desisteth and refuseth, therefore let no further Process, nor any thing else thereof be made against the aforesaid Lionel, etc. Ro. 783. The Entry of a Capias alias, Cap. and Plures Capias, against one that was before the Plur. was returned, imprisoned in the Fleet now before you can have the benefit of your Plures Cap. to outlaw him, etc. you must have a Habeas Corpus against him, and have the Cap. Al. and Plur. Cap. and Habeas Corp. entered ready to be produced in Court. ss. Henry Sackford Esq by his Attorney offered himself the fourth day against Thomas Philip's, late of, etc. in a Plea, wherefore whereas, etc. to the damage of the said Henry of, etc. and he came not, etc. therefore let him be taken that he be here in the morrow of All Souls, etc. at which day, etc. therefore as heretofore let him be taken, that he be here from the day of S. Martin in fifteen days, etc. at which day, etc. therefore as often times, let him be taken that he be here in eight days of St. Hilary, etc. and the aforesaid Thomas on Wednesday next, after eight days of St. Martin, in that same Term by the Warden of the Fleet, by virtue of a Writ of the Lord Protector of Habeas Corpus, being brought to the Bar here, and spoken to whether he would appear yea or no, said that he would not, therefore let him be taken, and exacted, etc. A Pone in a Quare impedit, at the Suit of the Lord Protector. Oliver, etc. To the Sheriff of L. Greeting, put under security and safe pledges, John Arch, Bishop of C. and T. C. Clerk, that they be before our Justices at Westminster in eight days of St. Michael, to answer us in a Plea that they permit us to present a fit person to the Church of St. S. near G. which is void, and unto our donation belongeth, and to show wherefore they kept not the days to them given by their Essoigns in our Court before our Justices at Westminster (to wit) the aforesaid Archbishop, in the morrow of the holy Trinity, and the aforesaid T. from the day of the holy Trinity in three week's last passed after they were Summoned, and have you there this Writ, T. etc. The Entry of the Writ aforesaid, upon which the Archbishop was esloined, and the Clerk had the same days, and afterward the Clerk was esloigned, and the Archbishop had the same days. ss. E. C. Esq Attorney General of the Lord Protector, who for the same Lord Protector prosecutes in his proper person offered himself the fourth day against J. Arch Bishop of C. and T. C. Clerk in a Plea, that they permit the said Lord Protector to present a fit person unto the Church of St. J. near G. which is void, and unto the said Lord Protectors donation belongeth, etc. and they came not, & they had thereof day (to wit) the aforesaid Archbishop his esloigne hereunto this day (to wit) in the morrow of the holy Trinity, etc. the same day is given to the aforesaid T. here, etc. & the aforesaid T. had thereof day by his esloigne here unto this day (to wit) from the day of the holy Trinity in three weeks, etc. the same day is given to the aforesaid Archbish. here, etc. after they were Summoned, etc. judgement that they be attached, that they may be here in eight days of St. Michael, etc. An Alias Summons in Dower. Oliver, etc. To the Sheriff of C. Greeting, we command you as heretofore we have commanded you that you Summon by good Summoners Theophilus ●uckworth, Gentl. that he be before our Justices at Westminster, from the day of Easter in 15. days, to answer John Pain, & Grace his Wife in a Plea, that he render to the said John & Grace the reasonable dower of the said Grace, which happeneth to her of the which was of Thomas Palmer, heretofore her husband in Elm, whereof she hath nothing as it is said, and whereof yourself returned to our Justices at Westminster in eight days of St. Hillary last passed, that the aforesaid John and Grace found you pledges for prosecuting their Writ, (to wit) John Doo and Richard Roose; & that the aforesaid Theophilus was summoned by Thomas Love, Thomas Estman, John Cook, and Thomas Day, and that by virtue of the Writ aforesaid, to you lately directed upon the Lord's day, being the 16. day of January last past, at the most usual door of the Church of Elm aforesaid, immediately after Divine service (no prayer in the same Church, being) you caused the Summons aforesaid to be proclaimed according to the form of the Statute, in such case lately made and provided, and have you there the Summoners, and this Writ, T. etc. The Entry thereof. ss. The Sheriff was commanded that he should Summon by good Summoners Theophilus Buckworth, Gentl. that he might be here at this day (to wit) in 8. days of St. Hillary, to answer John Pain and Grace his wife in a Plea, that he render to them the reasonable Dower of the said Grace, which happened to her of the , which was of Thomas Palmer heretofore her husband in Elm, whereof she hath nothing, etc. and now here at this day came the aforesaid John and Grace by their Attorney, and the Sheriff (to wit) Anthony Cage, Esq returneth that the aforesaid John and Grace have found to the same Sheriff pledges for prosecuteing the Writ aforesaid (to wit) John Doo and Richard Roose, & that the aforesaid Thephilus was Summoned to be then here, by Thomas Love, Thomas Estman, John Cook, and Thomas Day, and that he by virtue of that Writ to him directed upon the Lord's day, being the 16. day of January last past, at the most usual Door of the Church of Elm, immediately after Divine service (no Prayer in the same Church, being) caused the Summons aforesaid to be proclaimed, according to the form of the Statute in such case made & provided, and for that Proclamation of the Summons aforesaid, was not made by the space of 14. days before the return of the Writ aforesaid, as by the form of the statute aforesaid it should have been done, as by the return aforesaid fully appeareth, therefore as heretofore the Sheriff is commanded that he Summon by good Summoners the aforesaid Theophilus, that he be here from the day of Easter in xv. days, to answer the aforesaid John Pain, and Grace in the Plea aforesaid, etc. Or thus you may begin your Entry. ss. The Sheriff was commanded, that if John Pain, and Grace his wife had made the said Sheriff secure for prosecuting their Plaint, than he should Summon, etc. as above. Or thus you may make your Writ. Oliver, etc. To the Sheriff of C. Greeting, whereas by our writ we lately commanded that you should command Theophilus B. that justly, & without delay he should render to J.P. & G. his wife the reasonable Dower, etc. until, as it is said, & whereupon they complained that the aforesaid Theoph. doth deforce them, and unless he had done it, and the aforesaid J. and G. had made you secure for prosecuting their Plaint, than you should Summon by good Summoners the aforesaid Theoph. that he might be before our Justices at Westminster in eight days of St. Hillary last passed, to show wherefore he had not done it, and that you should have there the Summoners and that Writ, and you to the said Justices at Westminster at that day returned, that, as in the Writ of Dower aforesaid. The Entry of a Discontinuance. ss. It is Recorded by the Court the eight day of May, in the year of our Lord 1653. that that Plea hath not day of continuance by that Roll, further than the aforesaid eight days of the Purification of the blessed Marie, therefore let the Plea aforesaid at the request of the aforesaid Plaintiff be discontinued, etc. A Pone in a Quare impedit. Oliver, etc. To the Sheriff of H. Greeting, put under security and safe Pledges, William Bishop of L. and Toby Blaud Clark, that they be before our Justices at Westminster in eight days of St. Michael, to answer Peter Ashton, Gentl. in a Plea, that they permit him to present a fit person unto the Church of B. which is void, and unto his donation belongeth as it is said, and to show wherefore they kept not the day to them given by the esloigne of the aforesaid Toby in our Court before our Justices at Westminster, in the morrow of the holy Trinity last passed after they were Summoned, & have you there the names of the pledges, & this writ, T. &c A Summons and severance in Debt. Oliver, etc. To the Sheriffs of London, Greeting, we command you that you take R.S. late of L. Gent. otherwise called R.S. de E. in the County of K. Gent. if, etc. to answer William Berby, & Henry Matties, Executors of the Testament of William Cutting, Gent. in a Plea, that he render to them three hundred pounds, which from them he unjustly detaineth, as it is said, we also command you that you Summon by good Summoners the aforesaid Henry, that he be before our Justices at Westminster at the aforesaid Term to prosecute against the aforesaid R. together with the aforesaid William their Plea aforesaid, if he will, and have you there the Summoners, and this Writ, T. etc. A Habeas Corpus to the Warden of the Fleet. Oliver, etc. To the Keeper of our Prison of the Fleet, Greeting, we command you that the body of R. T. by what name soever he may be thought in our Prison under your custody to be detained as it is said, you have before our Justices at Westminster on Thursday next, after eight days of the holy Trinity next to come, to do and receive what our Court shall order of him in this behalf, and have you there this Writ, T. etc. A Pone after an Esloign in a quare impedit, Ret. 8. Mich. the Bishop esloigns at xv. Pasch. and adjourns unto quinque Pasch. and then Bland Esloigns and adjourns unto Craft. Trin. Oliver, etc. To the Sheriff of H. Greeting, put under security and safe pledges William Bishop of Lincoln, and Toby Bland Clark, so that they be before our Justices at Westminster in eight days of St. Michael, to answer Peter Aysham Gent. in a Plea, that they permit him to present a fit person unto the Church of B. which is void, and unto his Donation belongeth as it is said, and to show wherefore the aforesaid Will. Bish. of L. kept not the day to him given by his Esloigne in our Court before our Justices at Westminster from the day of Easter in 5. week's last passed, and wherefore the aforesaid Toby kept not the day to him given by his Esloign in our Court, before our Justices at Westminster, in the morrow of the holy Trinity last passed, after they were Summoned, and have you there the name of the pledges, and this Writ, T. etc. The Entry thereof. ss. Peter Aysham Gent. by his Attorney, offered himself the 4th. day against Will. Bish. of L. and Toby Blaud Clark in a Plea that they permit him to present a fit person unto the Church of B. which is void, and to his Donation belongeth, etc. and they came not, and it is known that the aforesaid Bishop had thence day by his Esloigne here (to wit) until from the day of Easter in 5. week's last passed, and the same day was given to the aforesaid Toby here, etc. at which day the aforesaid Toby had thence day by his Esloigne here even to this day (to wit) in the morrow of the holy Trinity, and the same day was given to the aforesaid Bish. here, etc. after they were Summoned judgement, that they be attached that they may be here in eight days of St. Michael, etc. A Writ of view in a Formedon in Descender. Oliver, etc. To the Sheriff of Midles. Greeting, we command you that without delay you cause R. D. to have view of one message, one Garden, one Acre of Meadow, and six Acres of Pasture with the appurtenances in K. which T. S. in our Court before our Justices at Westminster claimeth as his right by our Writ of Formedon in Descender against him, and speak to four Knights of those that shall be present at that view, that they be before our Justices at Westminster in 8. days of St. Hillary, to testify that view, and have you there the names of the Knights and this writ, T. etc. The Entry thereof. ss. T. Smith, by A. Garland his Attorney demandeth against R. D. one message, one Garden, one Acre of Meadow, and six Acres of Pasture with the appurtenances in K. as his right by the Writ of the Lord Protector of Formedon in Descender, etc. And the aforesaid R.D. by T. Carter his Attorney cometh, and prayeth view of the Tenements aforesaid with the appurtenances, and let him have it, etc. day is given to the parties aforesaid, here until in 8. days of St. Hillary, and in the mean time, etc. The Entry of a Test. in Debt. It was commanded to the Sheriff that he should take Edward Mausel Kt. of London, Yeoman, otherwise called Edward Mausel de Danford, in Com. North. Yeoman, if, etc. and safely, etc. so that he might have his body here at this day (to wit) in 8. days of St. Hillary, to answer Elizabeth Squier, Widow in a Plea, that he render to her thirty pounds, which to her he oweth and unjustly detaineth, etc. and whereupon the Sheriffs of the Lord Protector now of London returned to his Justices here from the day of St. Martin in 15. days last passed, that the aforesaid Edward lurked, wandered, and lay hid in the County aforesaid, and now here at this day came the aforesaid Elizabeth by her Attorney, and offered herself the 4th. day against the aforesaid Edward of the Plea aforesaid, and he came not, and the Sheriff now returneth that he is not found, etc. therefore as heretofore the Sheriff is commanded that he take him, if, etc. and safely, etc. so that he may have his body here from the day of Easter in 15. days, to answer the aforesaid Elizabeth of the aforesaid Plea, etc. A Writ of Supersedeas. Lo: ss. Oliver, etc. whereas by our Writ we lately commanded you that you should take R. M. late of, etc. if he should be found in your Baylywick, & him safely should keep, so that you might have his body before the Justices of the Common-Bench at Westminster at a certain day now past, to answer T. B. in a Plea, wherefore, etc. cite the Capias until you come to as it is said, yet because the aforesaid R. M. by J.C. his Attorney in the Court of Common-Bench hath appeared, we command you that of the further taking, arresting, and imprisoning, or in any wise molesting the aforesaid R. on the occasion premised you altogether Supersead, and if the said R. upon that occasion and no other, you have taken, or imprisoned, than the said R. from the prison, wherein he shall so be detained, if upon that occasion and no other in the same he is detained without delay you deliver under the danger that will thereon ensue, T. etc. The Entry of a Habeas Corpus to the Chancellor of the County Palatine of Lanc. ss. It was commanded to the Chancellor of the Lord Protector of his County Palatine aforesaid, or to him that holds his place there, that by the Writ of the said Lord Protector, under the Seal of the County Palatine aforesaid duly to be made, he should command the Sheriff of the County of Lanc. that he should take Mark Woodrow, late of London, Draper, otherwise called M.W. of Manchester, in the County of Lanc. Draper, if, etc. and safely, etc. so that he might have his body here at this day (to wit) in the morrow of the Purification of the blessed Virgin Mary, to answer Edward Elioes' in a Plea, that he render to him one hundred shillings, which to him he oweth & unjustly detaineth, etc. and hereupon the Sheriffs of the Lord Protector now of London, returned to his Justices here from the day of S. Martin in 15. days last passed, that the aforesaid Mark was not found in their Baylywick, when as it is witnessed in the same Court of the said Lord Protector here, that the said Mark lurked wandered, and lay hid in the County aforesaid, and now here at this day came the aforesaid Edward by his Attorney, and offered himself the 4th. day against the aforesaid Mark in the Plea aforesaid, and he came not, and John Fortescue Knight, Chancellor of the County Palatine aforesaid, now returneth that he by virtue of the aforesaid Writ of the Lord Protector to him directed by the Writ of the said Lord Protector under Seal, etc. he commanded the Sheriff of the County of Lanc. as, etc. which said Sheriff to him returned that he took the body of the aforesaid Mark, whose said body here at this day he hath ready, as etc. but because the Sheriff, the body of the aforesaid Mark now here hath not, therefore he (to wit) Edmund Crafford Esq is in mercy, etc. and it is commanded to the aforesaid Chancellor of the said Lord Protector of the County Palatine aforesaid, that by the Writ of the said Lord Protector under the Seal, etc. he cause the Sheriff of the said County to be commanded that he have here from the day of Easter in 15. days the body of the aforesaid Mark, whom, etc. to answer the aforesaid Edward in the Plea aforesaid, etc. The Entry of an Alias Distringas, nuper vic. ad Habend. Corpus. ss. It was commanded to the Chancellor of the Lord Protector of his County Palatine aforesaid, or to him that holdeth his place there, that by the writ of the said Lord Protector, under the Seal of the County Palatine aforesaid duly to be made, he should cause to be commanded the Sheriff of the County aforesaid, that he should distrain Robert Halsall K nt. late Sheriff of the County aforesaid, predecessor of the now Sheriff by all his Lands, etc. and that of the profits, etc. so that he might have here at this day (to wit) in the morrow of the Holy Trinity the body of O. W. whom, etc. to answer J. W. in a plea, that he render to him xx.l. etc. and now here at this day came the aforesaid J. W. by his Attorney, and offered himself the 4th. day against the aforesaid O. W. in the aforesaid plea, and he came not, and John Fortescue Knight, Chancellor of the County Palatine aforesaid now returneth that he by virtue of the Writ aforesaid to him directed by another Writ of the said Lord Protector, under the Seal, etc. he caused the Sheriff of the County aforesaid to be commanded, as etc. which said Sheriff (to wit) Edmund Trafford Esq thus answereth, that the aforesaid Edward Halsall Knight, late Sheriff is distrained by Cattle, to the value of 3. s. 4.d. and is mainprised by John Do, and Rich. Roose, therefore they are in mercy, etc. and it is commanded to the Chancellor of the County aforesaid, that by the Writ of the said Lord Protector, under the Seal, etc. he cause to be commanded to the Sheriff of the County aforesaid, that he distrain the aforesaid Edward Halsall Knight, late Sheriff by all his Lands, etc. and that of the profits, etc. so that he have here in the morrow of All Souls, the body of the aforesaid O. W. whom, etc. to answer the aforesaid John, in the Plea aforesaid, etc. The form that was used in a Test to the Chancellor of the Court of Lancaster. To the Chancellor of our County Palatine of Lancaster, or to him that holdeth his place there: Greeting, we command you that by our Writ, under the Seal of the County Palatine aforesaid, duly to be made you cause the Sheriff of the same County, to be commanded that he take, A. B. etc. An Alias Summons in a Quare impedit, where the Sheriff hath returned that the Original Writ was delivered to him too late. Oliver, To the Sheriff of Middlesex. Greeting, we command you that you Summon by good Summoners Richard Bishop of L. & David English Clark, that they be here before our Justices at Winton in eight days of S. Hillary, to answer William Freeman in a Plea, that they permit the said William to present a fit person to the Vicarage of the Church of Stebon heath, alias Stepney, which is void, and to his Donation belongeth, as he sayeth: and whereupon yourself hath certified to our Justices at Winton, in the morrow of St. Martin last passed, that our Writ to you formerly thereof directed so late to you was delivered, that by reason of the brevity of the time you could not execute it, and have you there the names of the Summoners, and this Writ, T. etc. The Entry thereof. ss. The Sheriff was commanded that he should Summon by good Summoners Rich. Bishop, of L. & David English Clark, that they might be here before the Lord Protector at Westminster in 8. days of St. Michael last passed, to answer William Freeman in a Plea, that they permit the said William to present a fit person to the vicarage of the Church of Steban-heath, otherwise Stebunheath otherwise Stepney, which is void and to his Donation belongeth, etc. at which day the Plaint aforesaid was adjourned by the Writ of the said Lord Protector, of common adjournement at Westminster aforesaid, until from the day of St. Michael in one month than next following, at which day the Plaint aforesaid was further adjourned by another Writ of the said Lord Protector, of common adjournment from Westminster aforesaid, unto the City of Winton, in the County of Southampton in the morrow of St. Martin than next following, and now here (to wit) at the aforesaid City of Winton at the same morrow of St. Martin came the aforesaid William by his Attorney, and offered himself the fourth day against the aforesaid Richard and David of the aforesaid Plea, and they came not, and the Sheriff now returneth that that Writ was delivered to him so late, that by reason of the brevity of the time he could not execute it, therefore as heretofore let them be summoned, that they may be here in 8. days of St. Hillary, to answer the aforesaid William in the aforesaid Plea, etc. The Entry of a Summons in Severance. ss. E. R. and J. W. Executors of the Testament of W.M. by their Attorney offered themselves the 4th. day against B.N. late of, etc. in a Plea, that he render to them C. s. which from them he unjustly detaineth, etc. and he came not and the Sheriff was commanded that he should Summon him, etc. and the Sheriff now returneth that he hath nothing, etc. therefore let him be taken that he may be here in the morrow of All Souls, etc. and now here at this day came the aforesaid J. W. by Thomas Bullock his Attorney, and offered himself the fourth day against the aforesaid B.N. in the Plea aforesaid, & the aforesaid E.R. the fourth day of the Plea being solemnly called, came not, and the Sheriff was commanded that he should Summon the aforesaid E. R. that he might be here at the aforesaid Term to prosecute against the aforesaid B. N. together with the aforesaid J.W. his Plea aforesaid, if, etc. and hereupon it is ordered in the Court of the Protector here, that the aforesaid J.W. may prosecute alone against the aforesaid B. N. his Plea aforesaid, and he came not, & the Sheriff was commanded that he should take him, if, etc. and the Sheriff now returneth that he is not found, etc. therefore as heretofore, let him be taken that he may be here from the day of St. Martin in 15. days, etc. The Entry of a Resort. ss. Enter your Testatum first, then follow, at which day here came the aforesaid C.D. by his Attorney, and offered himself the fourth day against the aforesaid A.B. in the plea aforesaid, and he came not, and the Sheriff now returneth that he is not found, etc. and hereupon the aforesaid C.D. by his Attorney aforesaid, prayeth the Writ of the Lord Protector, of taking the aforesaid A. B. to the Sheriffs of London to be directed where his Original Writ first issued out, and it is granted to him, etc. therefore the Sheriffs of London are commanded that they take the aforesaid A. B. if, etc. and safely, etc. so that they may have his body here from the day of Easter in 15. days, etc. The Entry of a common Appearance. L. ss. The Sheriffs of the said City were commanded that they should take T.S. if, etc. and him safely keep, etc. so that they might have his body before the Justices of the Common-Bench at Westminster (tali die) to answer J. G. in a plea of debt, etc. and the aforesaid T. by W. S. his Attorney prayed that his appearance might be recorded by the Court, and it is Recorded. The Entry of a special Bail. L. ss. The Sheriffs were commanded that they should have here at this day (to wit) from the day of St. Martin in 15. days the body of a A.E. late of M. in, etc. whom of late, etc. to answer unto B. D. in a plea, etc. now here at this day came as well the said B. as the said A. in his proper person, and moreover here came D. H. of, etc. & N.H. of, etc. in their proper persons, and each of them did acknowledge himself to owe to the said B. the sum of 200. l. of lawful money of England, which said sum of 200. l. the said D. and N. for themselves and their Heirs, do will, and grant, and either of them do will, and agree shall be made of the Lands and Cattles of both of them, and shall be levied to the use and behoof of the said B. and his Executors, and the said A. likewise present here in Court doth acknowledge himself to owe to the aforesaid B. the sum of 400. l. of lawful money of England, which said sum of 400. l. the said A. for himself, his Executors and Administrators, doth, will, and agree, shall be made of his Lands and Goods, and shall be levied to the use and behoof of the said B. and his Executors yet under this condition, that if it shall happen that judgement in the aforesaid Plaint to be here given for the said Plaintiff in the said debt, and also all damages adjudged to the said Plaintiff against the said Defendant, here in Court by occasion of the detaining of the aforesaid debt he shall satisfy it, or render his body here in Court in execution of the same judgement, etc. A Writ of Scire Facias against the Bail. Oliver, etc. To the Sheriff of Surry, Greeting, whereas John Haslock, late of Catteram in your County, Yeoman, and Anthony Basset of the same Husbandman, late in our Court (to wit) in the Term of the Holy Trinity, in the year of our Lord 1653. before F. W. one of our Justices of the Common-Bench at Westminster have bailed, and both of them did become bail for Robert Onusted, late of, etc. in twenty pounds, that if it should happen the same Robert in a Plea of debt upon demand of twenty pounds against him by one John Slater, otherwise Green Executor of the Testament of Robert Slater, alias Green, in our said Court of Common-Bench aforesaid prosecuted by any lawful means to be convicted, and judgement for the same Executor in the Plea aforesaid, against the aforesaid Robert in the same Court to be given, that then the same Robert the aforesaid debt of twenty pounds, and also all damages to the said Executor by occasion of the detention of the debt aforesaid against the said Robert in the said Court to be assessed, or by any way to be adjudged should satisfy, or that the said Robert his body in Execution of that judgement in our said Court should yield, which said twenty pounds the aforesaid John Haswell and Anthony have acknowledged to be made of the Lands and Cattles, and to the behoof and use of the aforesaid Executor to be levied, if it should happen the said Robert against the Bail aforesaid in any way to make default, and although the aforesaid Executor in the Term of St. Michael, in the year, etc. before E.A. Knight, and his associates, our then Justices of the Common-Bench at Westminster, by order of the same Court had recovered against the aforesaid Robert, as well the aforesaid twenty pounds as thirty shillings, which to the same Executor in our said Court were adjudged for his damages, which he hath had by occasion of the detention of that debt, whereof he is convicted as by the Record and Process thereof in our said Court remaining it manifestly appeareth, yet the aforesaid Robert his body in Execution of the judgement aforesaid in our said Court hath not yielded, nor to the aforesaid Executor for the debt and damages aforesaid, according to the Form of the Recognisance aforesaid hath satisfied, as by the information of the aforesaid Executor we have received, and for that we will that those things which in our said Court have been rightly done and recognized be duly demanded for execution, we command you that by honest and lawful men of your Baylywick you give to the aforesaid John Haswell and Anthony to know that they be before our Justices at Westminster, from the day of Easter in 15. days to show if they have, or know any thing to say for themselves, why the aforesaid twenty pounds by them in form aforesaid severally acknowledged of their Lands and Cattles in your Baylywick ought not to be made, and to the aforesaid executor yielded according to the form of the Recognizance aforesaid, if they shall think fit, and have you there the names of them, by whom you shall give them to know, and this Writ Witness, O. St. John, etc. FINIS.