AN EXACT BOOK OF ENTRIES, Of the most Select JUDICIAL WRITS USED IN THE COMMON-LAW.  
Translated from the Original Manuscript, which was Collected by the Hands of that Eminent CLERK, ROBERT MOYLE Esq. Late one of the Prothonotaries of the Court of COMMON-BENCH.  
A Work of much Industry, as may appear by the Author's great Pains in quoting of Book-Cases, Opinions of Judges, number Rolls, and many other Requisites, for the confirmation of every Entry, whereof none have been ever published before.  
Printed now for the use and benefit of all, but aimed most especially for such as are most conversant in the Common-Law.  
By J. H. Gent.  
With a perfect Table in which may be found the Principal matters therein contained.  
LONDON, Printed for Robert Crofts at the Crown in Chancery-Lane, under Sergeants-Inne, 1658.   

To the READER.  
Courteous Reader,  
KNOWLEDGE is a thing desirable for itself, because it doth enrich the mind of man, but than it calls for the most esteem when 'tis lodged with such as do employ it for Public advantage. It hath been the happiness of the Studients of the Law in this later Age, to receive such aides from the ingenious Communication of those who went before them; That the ancient Dust is not only now wiped off from those old Records and Precedents, which lay secured in Scriniis sacris, but the Rolls themselves transmitted by Copy into every man's Study, and an access hereby provided to them easy and familiar. This present Work is a great example both of the diligence and industry of the Author in collecting the several select forms of Entries of Judicial Writs used in the Common-Law; Though the Work be Posthumous, yet it is so just a Translation of the Original Manuscript; that if the Worthy Prothonotary were now surviving, he would not be ashamed to own it: wherefore thou hast no reason to be ashamed to use it.  
Farewell, J. H.   

AN EXACT Book of the most select Judicial WRITS Used in the Common LAW.  

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

Admission.  


Admission to a fine after commitment to the Fleet upon a Cepi corpus returned upon a Capias pro fine for the King, tam pro fine as for the execution at the suit of the party.  
Satisfaction given to the party.  
Admitted for six shillings eight pence paid into the hands of one of the Prothonotaries.  
Audia elongat. returned in a return. habend the defendant appears and pleads none cull. and afterwards the plaintiff prays to be admitted to his fine, and giveth security, and the Justices assess the fine.   T 12. H. 8. Rot. 159 Afterwards to wit the fourth day of July Anno, etc. came here into the Court the Defendant in his own person, by the Sheriffs of London, by virtue of a Writ of the said Lord the King (De capias pro fine) of the said Lord the King taken, and by occasion as well of the said Fine, as by occasion of the execution of the Judgement aforesaid, at the prayer of the Plaintiff, was committed to the prison of the Lord the King of the Fleet, saith, that he is ready here in Court to satisfy the Plaintiff of his damages aforesaid, and brought the money here into the Court; which said money, the said Plaintiff here in Court doth receive of the same Defendant: Therefore the said Defendant be quiet for the said Damages, and hereupon the same Defendant prayeth to be admitted to a Fine with the Lord the King, to be made by occasion of the premises, and he is admitted &c. for six shillings and eight pence, which the said Defendant in the Court of the King here by the command of the Justices here paid to John Jenour one of the Protho●otaries of the Court here, for divers reparations to be made here in Court, and the said Defendant go thereof without day, etc.  
P 4. H. 8. Rot. 159. ss. It was commanded the Sheriff, whereas T. I. in the Court of the King here, had been summoned to answer T.R. of a plea, wherefore he had taken the Cattles of the same R. C. and had unjustly detained them against Sureties and Pledges, the same T. R. in the same Court of the King here had made default, for which it was considered in the said Court of the King here, that the said T. I. should go therefore without day, etc. And that the said T.R. and his Pledges to prosecute should be in mercy, and that the said T. I. should have return of the Cattles aforesaid, and the King commanded the said Sheriff that without delay he return to the said T. I. the cattles aforesaid, and should not redeliver them at the complaint of the said T.R. without the Writ of the said Lord the King, which should make express mention of the Judgement aforesaid. And in as much, etc. he should make known here at this day, to wit, 15. Pas. And now here at this day cometh the said T.R. in his proper person, and the Sheriff now returneth, that the cattles whereof mention is made in the said Writ, are eloyned to places to him unknown, by the said T. R. so that he could not have view of them, and therefore he could not make return of the said Cattles to the said T.I. as to him it was commanded, whereupon the said T.R. as to the eloynment of the Cattles aforesaid, saith, that he is in no wise thereof guilty: 
As to the contempt not guilty.  And of this he putteth himself upon the Country, etc. But that costs, labour, and expenses may be spared about the Issue of the Country in this behalf to be tried, prayeth himself to be admitted to make a Fine with the said Lord by occasion of the premises, etc. And hereupon the said T. R. found pledges in Court here to the said Lord the King for that contempt, to wit, T. S. and R. C. whereupon the Justices of the Lord the King here do assess the Fine of the said T. R. by occasion of the Premises add propert sup. dict. Therefore the said T.R. of that contempt be quiet, and go thereof without day, etc.  
P. 3. Ca Reg. rot. 42. amongst the Pleas of lands: Brownlow: 
The admission of the third Prothonotary unto his Office.  Be it remembered, That the seventh day of May, that same Term, Thomas Richardson Knight, chief Justice of the Lord the King of the Common Bench, here freely granted to R. M. Gent. one of the Clerks of Richard Brownlow Esquire, chief Prothonotary of the Court of Common Bench aforesaid here, the Office of the third Prothonotary of the Bench aforesaid here, now being void by the death of Thomas Waller Esquire, late third Prothonotary of the same Court of the Bench aforesaid here: And admitted the same Robert to that Office, to have hold and enjoy to the same Robert for term of his life as his free Tenement, according to the custom of the Court aforesaid, from the time whereof the memory of man is not to the contrary, used and approved. And also the same Robert as well the Oath of the King's Supremacy according to the form of the Statute in this case made and provided, as his corporal oath well and faithfully to carry and behave himself in the same Office, before hand taken, as the custom is into corporal possession of the same office put and instituted, to hold, occupy, and enjoy the same in form as aforesaid, so fully and wholly, and in the same manner and form, 
Vad.  as the same Thomas Waller late had and occupied the same office, perceiving in the same office, Wages, Fees, Profits, Commodities and Emoluments to the same office due and accustomed, etc.  
T. 12. Ed. 4. Rot. 494 Copley, Midd. ss. 
The admission of the second Prothonotary unto his Office.  Be it remembered that William Comberford lately having and occupying in the Court of the King here, the Office of one of the Prothonotaries of this Court, the same, to wit, the office which Thomas Brown during his life-time in time past, and immediately before the same Thomas Brown had exercised and occupied, and which said office William Wakefeild during his life time, in time past, and immediately before the same Thomas Brown had exercised and occupied the eleventh day of June, that same term died, after whose death that office was vacant, and continued so vacant until the fifteenth day of June than next following which said fifteenth day John Fog Knight, chief Clerk of the Lord the King, and Keeper of the Rolls of the said Lord the King of this Court, to whom by reason of that office, the Donation or Presentation of one of the Prothonotaries of this Court is known of right to belong, Came here in Court in his proper person, and gave to the Court here to understand that the said office of one of the Prothonotaries by the death of the said William Comberford was void, and gave and granted to Roger Brent, and constituted and ordained him to have and occupy that Office: And the same Roger being in his proper person to be admitted to the said office, was presented to Thomas Bryan chief Justice of the Lord the King of this Court, to whom by reason of his office belongeth the admission of every person to the same office whensoever it is void, by the chief Clerk of the Lord the King, and keeper of the Rolls and Writs of the said Lord the King of this Court for the time being present, requiring the same chief Justice that he would admit the same Roger to the said office of one of the Prothonotaries, and that he would think worthy to put in full possession of the same. And hereupon the same chief Justice here in the premises, by mature deliberation, and advisement: And as well to the ability as to the long and tedious continuance, attendance, and exercise of the said Roger in this Court, consideration, and respect being had, admitted the same Roger to that office, and swore him well and faithfully to occupy and exercise the same office, and put the same Roger into full possession of the same office, to have and exercise the same to the said Roger for term of his life, as fully and entirely, and in the same manner and form as the same William Wakefeild T. B. and W. Comberford, or any of them, or any other, the said office before their times had and occupied, receiving in the same Wages and Fees, Profits, Commodities, and Emoluments to the same office due and accustomed.   


Accedas ad cur. to remove a plaint cut of a Court Baron, etc. and a Procedendo granted, for that the cause is sufficient to remove the plaint and the Common Bench will not hold plea thereof. M. 13 & 44. Eliz. Rot. 2175. T 18 jac. Rot. 1959 H. 9 Jac. Rot. 2008 & 1425.  Accedas ad Curiam.  
T. 13. Eliz. Rot. 1276. ss. The Lady the Queen sent to the Sheriff of Southampton, her Writ closed in these words. Elizabeth, etc. That taking with you four discreet and lawful Knights of your County, In your proper person you come to the Court of Gabriel White Esquire, in O. in full Court there, and cause to be recorded the Plaint which is in the same Court without our Writ, according to the custom of the same Court, between William marquis of Winchester, and the Lady Eliz. Warham Widow, of a certain Trespass to the said marquis by the same Eliz. done as is said, and bring that R●cord before our Justices at West. in Cro. Trinitatis, under your Seal, and the Seals of four lawful men of that Court, who shall be present to the same Record, and that you prefix the same day to the parties, that they should be then there to proceed in the same Plaint as shall be right, And have you there the names of the same four lawful men, and this Writ, Witness ourself at Westminster, the vl day of May, An. etc. 13. because the same Eliz. claimeth to hold the Tenements wherein the Trespass aforesaid is supposed to be done by the Common Law, 
Cause.  and not according to the custom of the Manor of O. for which that Plaint in the same Court ought not further to be drawn, let execution be done upon that Writ if the cause be true, and the same Eliz. shall desire this, or otherwise not. By virtue of which said Writ G. Wells Esquire, Sheriff of the County aforesaid, now here at the said Cro. Trinitatis returned, that he took with him S. C. I. H. G. H. and I.H. four discreet and lawful Knights of his County, and in his proper person came to the same Court of the said G.W. and in full Court there, held the tenth day of May, An. etc. 13. abovesaid, and caused to be recorded the Plaint aforesaid, which was in the same Court, without the Writ of the said Lady the Queen, between the parties aforesaid, in the Plea aforesaid: And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal, and the Seals of I.F.I.P.I.P. and T. L. four lawful men of the same Court, of those who were present at the same Record, And had prefixed the same day to the parties aforesaid, that they should be here to proceed in the same Plaint as shall be just. And now here at this day came as well the same marquis, by Rich. Lee his Attorney, as the same Eliz by W. Plomer her Attorney, 
Judgement that the cause is insufficient to remove the cause, and a writ of Procedendo is granted.  whereupon the cause aforesaid being seen in the Writ aforesaid recited; It seemed to the Justices here, that cause to be insufficient in Law to remove the Plaint aforesaid, out of the same Court of the said G.W. of his Manor aforesaid: And that the Court of the Queen here ought not to take Cognizance of the Plea therein, And that the Bailiffs of the said G.W. of his Manor aforesaid in the same Court of the said G. aught to proceed in the Plaint aforesaid: Therefore it is considered that the same Bailiffs, notwithstanding the Writ aforesaid, in the Plaint aforesaid, according to the Law and Custom of the Manor aforesaid, at the prosecution of the said marquis proceed with effect; and that they exhibit to the parties aforesaid full and speedy Justice therein, according to the custom of the Manor aforesaid, etc.  
P. 11. jac. Rot. 2215 ss. 
Entry of a writ of Accedas ad cur. to remove a plaint out of an inferior Court, and a Procedendo awarded for that the damages in the plaint are under 40 ●.  The Lord the King sent to the Sheriff of Lincoln, his Writ closed in these words: james, by the Grace of God, etc. to the Sheriff of Lincoln greeting: We command you, that taking with you four discreet and lawful Knights of your County, In your proper person come to the Court of Edward Dymock Knight, of his Soak or Manor of H. and in full Court there cause to be recorded the Plaint which is in the same Court, without our Writ between I. etc. and W. in a certain Trespass upon the case to the same I. by the same W. done as is said, And have that Record before our Justices at Westm. Mense pas. under your Seal, and the Seals of four lawful men of the same Court, who shall be present at that Record, and that you prefix the same day to the parties, that then they should be there to proceed in the same Plaint as shall be just, and have you the names, etc. Teste, etc. because the same Defendant, for the favour which the same Plaintiff hath in the same Court, cannot have Justice there as it is said: Let execution be done upon that Writ if the cause be true, and the same Defendant shall desire it, or otherwise not. And now here at this day, to wit, at the same men's. pas. I. L. Knight, Sheriff of the County aforesaid returned, that he by virtue of the Writ aforesaid, took with him I. D. R. R. I. D. and F. Fenn, four discreet and lawful men of his County in his proper person, came to the Court of Edward Dymock aforesaid, and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ, And the Record thereof hath before the said Justices here at the same men's. pas. under his Seal, and the Seal of I. Hart, R.S.I.N. and W. Stoke, four lawful men of the same Court who were present at that Record, and prefixed the same day to the parties, that then they should be here to proceed in the Plaint aforesaid as should be just. Horncastle cum Soca ss. At the Court of Pleas of Edward Dymock Knight, Tenant or Farmer of the Reverend Father in Christ H. Bishop. etc. held such a day and year, etc. T. complaineth against W. late of. etc. of a Plea of Trespass upon the case; Pledges to prosecute Io. D. R.Ro. And now here at this day came the same T. by R.O. his Attorney, 
'Cause alleged for a Procedendo, because the damages exceed not 40 s. and the Common Bench cannot take cognizance of the plea.  and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings: And for that cause prayeth a Writ of the Lord the King de procedendo, in this behalf to be granted him. And because the same W. nor any other on the behalf of the said W. came not, nor alleged any thing in Court here to the contrary, for certain causes the Justices here specially moving and chief for that the damages which the same T. supposed himself to have sustained in the said Plaint, do not amount to forty shillings, in which case it belongeth not to the Court here to hold Plea thereof: It is considered that the Stewards and Suitors of his Soak of the Manor aforesaid, may further proceed in the Plaint aforesaid, between the parties aforesaid: Therefore it is considered that the Steward and Suitors of the Soak of his Manor aforesaid, that they further proceed in the Plaint aforesaid, according to the law and custom of his Soak of the Manor aforesaid, the same Writ of the said Lord the King, 
Procedendo aw● deed, non obstante, etc.  before therein to the same Sheriff directed notwithstanding. And that they exhibit full and speedy justice therein to the parties aforesaid, according to the Law and custom of his Soak of the Manor aforesaid, should be to be done, etc.   

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

Amercement.  

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

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

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

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

Appearance.  
LOndon ss. It was commanded the Sheriffs, 

Entry of an appearance upon an attachment of privilege, in discharge of an Obligation made to the Sheriff for his appearance, and bail in Court to the Action.  
T. 3. Car. Reg. rot 2002. H. 19 Jac. rot. 1. c. Brownlow the like.  
E. t y of the appearance.   that they should attach T. F. so that they might have him here at this day, to wit, upon Saturday next, after the morrow of the holy Trinity, to answer I. C. one of the Attorneys of the Court of Common Bench of the Lady the Queen here, according to the liberties and privileges of the same Court for such Attorneys and other Ministers of the same Bench, from the time whereof no memory is extant, used, and approved in the same, in a plea of Trespass. And the Sheriff now returneth, that he is attached: And now here at this day came the said T. in his proper person, and saith, that he, and divers other persons of his friends, at his request, who are bound by their writing obligatory to the said Sheriffs of London, in a great sum of money, that he should personally appear here this day, to answer to the said I. in the plea aforesaid: And as well for his indemnity, as for his security aforesaid, prayeth that his appearance by the Justices here at this day may be recorded, etc. whereupon the appearance of the said T. at this day is recorded, etc. And hereupon came here into the Court certain N. F. of, etc. and W. S. of, etc. and undertook, and both of them undertook in the sum of a hundred pounds for the same T. and the same T. being likewise present in Court in his proper person, 

Entry of the Recognizance upon the Manucaption.  
Bail in Trespass   and assumed upon himself in the sum of two hundred pounds, that if it should happen the said T. to be overcome in the said plea, that then the said T. should satisfy to the said I. of the damages for the same I. against the said T. in the plea aforesaid, in the Court aforesaid to be recovered, or adjudged: Or that he the same T. for that occasion render himself to the Prison of the Lady the Queen of the Fleet, which said sum of a hundred pounds, both of the Manucaptors aforesaid, acknowledge to be made of their lands and Chattels, and which said sum of two hundred pounds, the said T. acknowledgeth to be made of his Lands and Chattels, to be levied to the use and behoof of the said I. if it shall happen the said T. to make default in any of the premises, and thereof to be lawfully convicted, etc.  
M●dd ss. It was commanded the Sheriff, 
Entry of an appearance upon on attachment of privilege and bail thereupon.  that he attach I. H. so that he might have him here at this day, to wit, upon Friday next after Cr. Trin. to answer I.F. chief Prothonotary of the Court of Common Bench of the Lady the Queen here, according to the liberties and privileges of the same Court for such Officers and other Ministers of the same Bench, from the time, etc. in a plea of Trespass, as in the Precedent before (mutat. mutandis) until you come to: And the said I. H. being likewise present here in Court in his proper person, assumed upon himself in the sum of eighty pounds, that if it should happen the same J.H. in the plea aforesaid, by any lawful means to be convinced, than the same R.R.G.W. and J. grant, and every of them for himself granteth, that all damages, costs, and charges, to be assessed to the said J. F. by occasion of the Trespass aforesaid, or in any manner to be addjudged, may be made of their Lands and Chattels, and levied to the use and behoof of the said J.F. if it shall happen the laid J.H. not to pay to the said J. F. all such damages, 
Bail in Trespass.  costs and charges, or upon that occasion render himself to the Prison of the said Lady the Queen of the Fleet, etc.  

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

Attachment.  

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

Entry of an attachment in a Quare Impedit and awarding of a Distress.  P. 4. Jac. Rot. 2259 North. ss. G.C. Esquire, by his Attorney offered himself the fourth day against Thomas Bishop of the Burrow of Saint Peter, otherwise Peterborough, and W.C. his Clerk, of a Plea, that they permit him to present a fit person to the Church of W. which is void and belongeth to his Gift, etc. and they came not, and the Sheriff is commanded that he attach them, etc. And the Sheriff returneth that they are attached by Pledges, I.P. and R. S. Therefore they in mercy, etc. And the same B. and W. are distrained, that they be here Quinq. Pas. Note that the distress is peremptory in this Writ, and this by the Statute of Marlburge, Cap. and days are given from fifteen days in fifteen days, Natura Br. fol. 26. a.  
T. 11. Jac. Rot. 3910. c: W●llaston Ebor. ss. It was commanded the Sheriff that he attach G. B. of C. E. E. Gent. and I. T. Clerk. that they should be here at this day, to wit, 
Entry of an attachment in a Quare Impedit, and Summons and severance, one of the Plaintiffs comes not, judgement, the other Sequat. solus, and the Bishop essoins which day is given to the others.  in Cro. Trin. to answer M.W. and F. S. Esquire, of a plea that they permit them to present a fit person to the Church of S. which is void and belongeth to their donation, etc. And that he summon by good Summoners the said F. that he should be here at the said Term, to follow his plea aforesaid against the said B. E. and I. together with the said M. if, etc. And now here at this day came the said M. by A.B. his Attorney, and the said F. the fourth day of the Plea, being solemnly called came not: And the Sheriff now returned that he is summoned by J.D. and R.F. Therefore he in mercy, etc. And it is considered that the said M. follow alone without the said F. the Plea aforesaid, etc. And it is to be known that the said B. cast himself an Essoyn de malo veniend. against the said M. and F. in the plea aforesaid, and as well the said B. as the said E.E. and I. T. have therein day by the Essoin of the said B. here until Oct. S. Mich. etc.  
T. 13. Jac. Rot. 3668. Brownlow ss. 
Amerciament vic. upon attachment of privilege.  It was commanded the Sheriff that he attach I.H. so that he have him here (die lunae Proxime post 15. S. Trin.) to answer Jo. Martin Gent. one of the Attorneys, etc. in a plea of debt: And now here at this day came the said Martin in his proper person, 
Cepi corpus returned.  and offered himself against the same I. H. in the plea aforesaid, and he came not, and the Sheriff now returneth, that he took the body of the said I.H. whose body he hath ready here at this day, according to the intent of that Writ to him thereof directed: 
Merciament 40 s.  And because the same Sheriff the body of the said I.H. at this day hath not ready: Therefore the same Sheriff, to wit, William K. Baronet in mercy, etc. and he is fined by the Justices here at forty shillings; 
Habeas eorpus awarded.  And it is commanded the Sheriff that he have here upon Monday next after Cr. Annimarum the body of the said I. H. whom▪ etc. to answer the said John Martin in the said plea, etc.  
T. 13. Jac. Rot. 3627. c. Brownlow, the like is entered upon an Attachment of Privilege, for a Judge's Clerk of the Common Bench, with an Amerciament and awarding of an Hab. Corp.  
M. 10. Jac: Rot. 1920. Norfolk: 
Amerciament of a Bailie of a liberty upon a Cepi corpus returned, and a Distringas awarded upon an attachment of privilege. M 19 Jac. rot. 1948. M. 21. H. 8. rot. 529 11 H. 4. fol. 43. pl. 12,  ss It was commanded the Sheriff that he should attach I.G. so that he should have him here at this day, to wit, upon Friday next after men's. pas. to answer H.S. Gent. one of the Attorneys, etc. as in others, in a plea of debt: And now here at this day came the said Henry in his own person, and he came not: And the Sheriff to wit, T.C. Esquire, now returneth, that he by virtue of the Writ aforesaid to him directed, commanded Hen: Hobart Knight and Baronet, Attorney-general of the Lord the King and Bailiff of the liberty of the said Lord the King of his Duchy of Lanc. in the County aforesaid, who hath the fall execution of all Writs within the liberty aforesaid, and the returns of them, within which execution of that Writ wholly vesteth, to be made, for that no other execution in any other place out of the said liberty can be made by the Sheriff, which said Bailiff answered to the said Sheriff, that he had taken the body of the said I. whose body he had ready before the Justices here at this day: And because the said Bailiff hath not the body of the said I. ready here at this day: Therefore the said Bailiff in mercy, And is fined by the Justices here at forty shillings: Therefore the Sheriff is commanded that be distrain the said Bailiff by all his lands, etc. and of the Issues, etc. so that he have here upon Friday next after Cr. Trin. the body of the said I. whom, etc. to answer to the said H in the plea aforesaid, etc. See Trin: 14. Jac: Rotsie: 2151. c. Brownlow, a Distringas awarded after a Cepi Corpus returned by the Sheriff upon a Mand. Bal. against the chief Steward of the liberty of Bury.  

Deuces tecum awarded the Sheriffretu n a Languidus in prisona upon an attachment for contempt.  M. 2. Car. Reg. Rot. 843. c. Brownlow, War. ss. It is commanded the Sheriff as at another time it had been commanded to the said Sheriff, that he should attach I.B. of, etc. if, etc. and safely, etc. so that he should have his body here at this day, to wit, upon Saturday next after fifteen Trin. to answer to the said Lord the King now of such things as at that day should be here objected against him. And further to do and receive what the Court of the said Lord the King here should consider of him in this behalf. And now here at this day came here into Court Robert Heath Knight. Attorney-general of the Lord the King now, who for the same Lord the King in this behalf followeth. And the same John being solemnly called came not, And the Sheriff, to wit, Io. N. Esquire, now returneth, that by virtue of the said Writ to him directed, he took the body of the said I. B. whose said body was so languishing in the Prison of the Lord the King in the County of War. and held with divers infirmities, so that he could not have his body ready here at this day, as by the said Writ to him it was commanded, etc. And hereupon in the said Court of the Lord the King here, on the behalf of the said Lord the King it was testified, that the said john is whole and sound and able to labour: Therefore it is commanded to the said Sheriff, that he or his under Sheriff be here upon Thursday next after Cr. Martini, bring here with him the said Jo. whether he be unsound or infirm, 

S●e the old book of Entries fol. 41. title Annuity in process 7. See T. 2. Car. Reg rot. 2681. c. Gulston.  
Upon an appearance to an attachment upon contempt, and thereupon examined, submits himself to a fine.   to answer the said Lord the King now, of and upon the premises aforesaid, in form aforesaid: And this he by no means omit under the penalty of ten pounds, which the Sheriff shall know himself to lose, if he shall not do it.  
H. 10. Eliz. Rot. 549. Buk. ss. It was commanded the Sheriff that he should not omit for any liberty of the County aforesaid, but that he should attach J. R: so that he should have his body here at this day, to wit upon Thursday next after Cr. Pas. that same term, to answer to the Lady the Queen of and upon such things which then here on the behalf of the Lady the Queen should be objected. And now here at this day that same Term came the said J. in his proper person, by the Sheriff of the County aforesaid, by virtue of the Writ aforesaid, to him directed, brought here to the Bar, whereupon the Court here is given to understand, that the same J.R. present here in Court that same Term, in the face of the same Court behaved and carried himself evilly and unjustly in giving evidence to twelve Jurors of the same County of Buk. to try a certain Issue of the Country, between certain G.G. and A. his wise Plaintiffs, and certain W.H. late of, and J.L. late of, etc. in a plea of Trespass in the same Court here joined, And prayeth that the same J. R. may be fined to the said Lady the Queen for that occasion, whereupon the same J.R. being asked by the Justices here, if he had or knew any thing to say for himself, wherefore he ought not to be admitted to make a Fine with the Lady the Queen therein, who saith, that he will put himself upon the favour of the Court, to do what the same Justices here should consider of him in that behalf: And hereupon the same I. R. is admitted to make his Fine with the Lady the Queen, by the occasion of the premises at forty shillings to be paid here in Court into the hands of R.L. one of the Prothonotaries of the Court of the Lady the Queen here, for divers Statute-books in the Treasury-house of this Court remaining bought. Therefore the same I. go thereof without day, etc.   

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

Capias ad Satisfaciendum.  


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

Capias pro fine, and entry of an Exigent thereupon.  H. 26. Eliz. Rot. 1737. c. Ford. Angl. ss. The entry of an Exigent upon a Capias pro fine.  
T. 26. Eliz. Rot. 2148. c. Ford. Monmoth, Lennard Custos br. Crompton Chirographer, 
Composition made by the Justices for Fines in Monmoth.  a composition made by the Justices for Fines in Monmoth shire.  
SVff. ss. Hil 41. Eliz. Rot. 2118. ss. It was commanded the Sheriff, that of the goods and Chattels which were of R. S. of, 
Entry of a Casam after a F●fac: and special return de devastavix against the Executrix, upon the Inquisition.  etc. at the time of his death in the hands of A. F. and M. his wife, Executrix of the Testament of the said R. in your Bayliwick, he cause to be made as well a certain debt of sixty pounds, which T. B. in the Court of the Queen here, to wit, at Westm. recovered against the said R. Smith as twenty shillings which to the said T. in the same Court of the said Queen were adjudged for his damages which he had by occasion of detaining of that debt: And that he should have the moneys before the Justices of the Lord the King here, to wit, at Westm. Mens. Mich. to satisfy the said T. of the debt and damages aforesaid, whereof he was convicted. And whereupon it was considered in the same Court, that the said T. should have execution against the same A. and M. of the debt and damages aforesaid, of the Goods and Chattels which were of the same R. at the time of his death, in the hands of the same A. and M. to be administered by default: 

Recital of the Testat: fi: fac: de bonis testatoris.  
Suggestion de bien.   And whereupon our Sheriffs of London returned to the Justices here, to wit, at Westm. tres Trin. last past, that the said A. and M. had no Goods or Chattels which were of the said R. at the time of his death in their hands, in their Bayliwick to be administered, whereof the debt and damages aforesaid, or any parcel thereof, they could cause to be made, whereas it was testified in the same Court here, that the said A and M. had sufficient of Goods and Chattels which were of the said R. at the time of his death in their hands, in your Bayliwick to be administered, 
Vic: Mandavit ballino libertatis: Nulla bona: Suggestion that the Executor wasted divers goods, with the intention that execution might not be done.  whereof they might cause to be made and levied the debt and damages aforesaid: And the same Sheriff to the Justices here at that day returned, that for the execution of that Writ, he had commanded the chief Bailiff of the Lady the Queen of her liberty of Bury St. Edmund in his County, who hath full power to execute all Writs and Warrants within the liberty aforesaid, and return of them: To which said Bailiff execution of that Writ doth wholly remain to be done, for that execution of the same Writ elsewhere out of the said Liberty in his County, by the said Sheriff cannot be done, which said Bailiff did answer the Sheriff, that there were no Goods or Chattels in his Bayliwick, which were of the said R. S. deceased, in the hands of the said A. and M. to be administered, whereof the debt and damages aforesaid, or any parcel thereof he could cause to be done: And because the return aforesaid doth seem to the Court of the Lady the Queen here insufficient, and in delay of execution of the Recovery aforesaid to be done: And in the Court aforesaid, before the said Justices here, on the behalf of the said T. it is testified, that the said A. and M. divers Goods and Chattels which were of the said K. at the time of his death in the hands of the said A. and M. to be administered, have sold, and the moneys received for those Goods and Chattels, have converted to their own uses, and the residue of the Goods and Chattels which were of the said R. with intention that the said execution should not be thereupon done by the same A. and M. are eloyned or converted unto the uses of the said A. and M. The Lady the Queen now unwilling that such things which in the Court here are rightly acted and adjudged by art or ingeny to be avoided, 
A Writ awarded to inquire of the waist.  commands the same Sheriff of Devon. that of the Goods and Chattels which were of the said R. at the time of his death, being in the hands of the same A. and M. in his Bayliwick, he would cause to be made the debt and damages aforesaid, if they could be found in his Bayliwick: Otherwise it was commanded to the same Sheriff, that by the oath of honest and lawful men of his Bayliwick, he should make diligent enquiry, what Goods and Chattels which were of the said R. at the time of his death, were by the said A. and M: after the death of the said R: sold, eloyned, or converted to their own uses: And if it shall appear to the said Sheriff by that Inquisition, that the said A: and M: the Goods and Chattels which were of the said R: at the time of his death, to the value of the Debt and Damages aforesaid, or of any parcel thereof, after the death of the said R. have sold, eloyned, or converted to their own uses, then of the proper Goods and Chattels of the said A: and M: in his Bayliwick he should cause to be made the Debt and Damages aforesaid, to the value of the Goods and Chattels which were of the said R, at the time of his death so sold eloyned, or converted to their own uses, and that he should have those moneys here at this day, to wit, in Oct. S: Hil: to answer the said T: of the debt and Damages aforesaid. At which day here came the said T: in his proper person: And the Sheriff now returneth that the said A: and M: have no Goods nor Chattels which were of the same R: S: at the time of his death in his hands to be administered, whereof the Debt and Damages aforesaid, or any parcel thereof could be made: And the same Sheriff further returned here a certain Inquisition, taken at St. E: B: in his County, the sixteenth day of January, An: 41. Eliz: Reg: before the same Sheriff by virtue of that Writ, by the oath of twelve honest and lawful men of his County, who say upon their oath that the said A: and M: have sufficient of the Goods and Chattels which were of the said R: S: at the time of his death in their hands to be administered to satisfy the Debt and Damages aforesaid: And that the same A. and M. have sufficient of the goods and chattels which were of the said R. S. at the time of his death in their hands to be administered, to satisfy the debt and damages aforesaid, 
Devastavit found by Inquisition.  and that the same A, and M. the same goods and chattels have sold, eloyned and converted to their own uses, and that the same A. and M. have no proper goods or chattels in his bailiwick, whereof he could make the debt and damages, aforesaid or any parcel thereof, therefore it is commanded the Sheriff that he should take the same A and M if, etc. And safely, etc. so that he might have their bodies here, A die Pas. in fifteen days to satisfy the said T of the said Debt and Damages aforesaid, etc.  
Pettifers' case, Coke 5 fol. 32. Where such course is adjudged ill and erroneous, such a precedent is in Mich. 2. Jac. rot 1756. Quaere, if this form be usual or not, because the case aforesaid is adjudged to the contrary.  
H 7 jac. rot. 904. Brownlow, London ss. It was commanded the Sheriffs, 
Entry of a writ of Testat. ca sat. in the County Palatine after resort upon a Devastavit returned against the Executors upon a Testat. fi. fac. de bonis testatoris. Entry of a fi. fac de bonis testatoris. Nulla bona testatoris returned.  that of the goods and chattels which were of T L late of etc. otherwise called, etc. at the time of his death in the hands of F L late of, etc. Executor of the Testament of the same T being in your bailiwick, you cause to be made as well a certain debt of one hundred seventy three pounds, eighteen shillings four pence, which Francis Nedham in the Court, etc. as forty shillings which etc. If the said Francis Looker hath so much goods and chattels, which were of the said T at the time of his death, in his hands to be administered, and if he have not, than the damages aforesaid to be levied of the proper goods and chattels of the said Francis Looker, and that they should have those monies here at this day, to wit, in Oct. ab. S. Hillarii, to render to the said Francis Needham for his debt and damages aforesaid, whereof he is convicted, and now here at this day came the said Francis Needham by john Gulston his Attorney, and the Sheriffs now returned, that the said Francis Looker hath no goods nor chattels in their Bailiwick, which were of the said T at the time of his death, in his hands to be administered, whereof the debt and damages aforesaid, or any parcel thereof could be made or levied, nor any proper goods or chattels in their Bailiwick, 
Testat. fi. fac. awarded.  whereof they could make or levy the damages aforesaid, or any parcel of them. And hereupon it is testified in the Court of the King here, that the said Francis Looker hath sufficient goods and chattels which were of the said T at the time of his death, in his hands to be administered, in the County of Middlesex, 
Middlesex.  whereof they may make & levy the debt & damages aforesaid Therefore the Sheriff of Midd. is commanded, that of the goods and chattels which were of the said T at the time of his death, being in the hands of the said F. L. in his bailiwick, he cause to be made the debt & damages aforesaid, if the same F.L. hath so much goods & chattels which were of the said T at the time of his death in his hands to be administered, & if he have not, then to levy the Damages aforesaid of the proper goods & chattels of the said Francis; and that he have those moneys here in Octab. Pur. to render to the said F. N. for his debt and damages aforesaid, in form aforesaid, 
De vastavia returned.  etc. At which day here came the said F. N. by his Attorney aforesaid, and the sheriff of Middlesex, to wit, S. H. and W. C. now returneth, that the goods and Chattels which were of the said T at time of his death to the value of the debt and damages aforesaid, after the death of the said T came to the hands of the said Francis to be administered, and that the said Francis L. all the same goods and chattels before the coming of the said Writ wasted, and converted to his own proper use, 
Null bona propria ad levand, dampna  whereby he could not make or levy the debt or damages aforesaid or any parcel thereof. And further that the said Francis hath no proper goods or chattels in his Bailiwick, whereof he could make the damages aforesaid or any parcel thereof. whereupon the said Francis N prayeth a Writ of the said Lord the King to be directed to the sheriffs of London, 
Resort to the County whence the original writ first issued. Ca sa. awarded.  whence his original Writ first issued, to take the said Francis Looker, if, etc. and it is granted to him, etc. Therefore the sheriffs of London are commanded that they take the said F L if &c, and safely etc. so that they might have his body here Quinque pas. to satisfy to the said Francis Nedham, of the debt and damages aforesaid, etc. At which day here came the said F. N. by his Attorney aforesaid, and the said Sheriffs of London did nothing therein, 
Continuance of the Capias ad satisfac. Al ca awarded  nor sent the Writ thereof therefore as before let another Writ thereof be made to the said Sheriffs of L. in form aforesaid, returnable here Tres trin. &c. At which day here came the said F. N. by his Attorney aforesaid, and the Sheriffs of London now return, that the said F L is not found, etc. And hereupon it is testified in the Court of the King here, 
Return thereof.  that the said F.L. doth lie hid, and run from place to place in the County Palatine of Lancaster, Therefore it is commanded to the Chancellor of the Lord the King, of his County palatine of Lancaster, or to the Keeper of the place there, that by a writ of the said Lord the King under the seal of the County Palatine aforesaid to be duly made, 
Testat. ca sa awarded, Canc. Comm. Pallentini Lanc.  he command to the Sheriff of the County-Palatine aforesaid, that he take the same F L if, etc. and safely, etc. so that he have his body here before the Chancellor at a certain day, to him by the said Chancellor in the said Writ of the Lord the King to be prefixed, so that the said Chancellor may have his body here in Cr. A. to satisfy the said F. N of the debt and damages aforesaid, etc.  

Cap. add sat. sued by the Executors, after the death of the conusee. Mortuus returned, and an extent of his 〈◊〉 lands awarded  P 19 Jac rot. 1945. Entry of a Capias ad satisfaciendum, upon a statute Merchant, sued against the Conusor, after the death of the Conusee by his Executors.  
T 22 jac. rot 934. Brownlow, Entry of a Capias upon a statute Merchant for G. against W. the Sheriff returneth, that W. against whom the action was is dead, and an extent is prayed against his lands by the statute, and granted in the County Palatine of Lancaster.  
T 13 jaec. rot. 3486. Salop, 

Entry of a Capias upon a statute Merchant and upon Laici and non invent. returned, an extent awarded.  
See the old book of Entries, fol. 594. title stat. Merchant. T. 20. Jac. rot 1759. Brownlow Dors. ss. NB. administratrix of T C sues out execution against R. C. upon a statute merchant, The Recognizance shown. Return.  
Extents awarded.   Brownlow ss. It was commanded the Sheriff that he should take the bodies of R. R. of etc. and R.D. of etc. if they be lay men, etc. and safely in the prison of the Lord the King now, etc. until they had fully satisfied to F. S. of etc. of two hundred pounds which the same R. and R. the twenty eighth day of August. anno 41. Eliz. before R.C. then Mayor of the City of Coventry, and B. C. Gent. Clark, deputed to take the Recognizances of debts, according to the form of the Statute Merchant within the same City, acknowledged himself to owe to the said F. which they ought to have paid him at the Feast of Saint Michael the Arch angel than next following, and which they have not yet paid him, nor either of them hath yet paid, etc. And in as much, etc. he should make here at this day to wit, tres trin. And now here at this day cometh the said Francis by W. F. his Attorney, and bringeth here into the Court the Recognizance aforesaid, which the Defendant aforesaid in form aforesaid testifieth, and the Sheriff now returneth that the said R is dead, and that the said R is a Lay man, and is not found, etc. and hereupon the said Francis prayeth several Writs of the said Lord the King by the statute, etc. one to wit to the Sheriff of Salop, another to the Sheriff of Stafford, another to the Sheriff of Warwick, and they are granted him, etc. and in as much, etc. Every of the said Sheriffs make appear here in Cr. an. the same day is given to the said F. here, etc.  
H 4 and 5 P. and M. rot. 521. 
Day is given to bring the Recognizance into ●ou●t. Nota. Nota.  Day is given to bring the Recognizance upon a statute Merchant into the Court.  
See Mich. 37 H. 6. fol. 6. pl. 11. per Cur. If the plaintiff show not the Statute in the Common Bench, he shall not have an Extent, for without it the Court hath not sufficient direct on to make an Extent.  
That the coarse is upon the return of a Nichil, to make Livery to the Recognizee of such lands as the Conusor had at the time of making the Recognizance.  
MIch. 12. jac. rot. 2048. Brownlow, 
Continuance of the Extent where the writ is awarded in one County.  At which day here cometh the Conusee by his Attorney aforesaid, and the said Sheriff hath done nothing therein, nor sent the Writ thereof, therefore as before let another Writ be thereof made to the same sheriff in form aforesaid returnable ●ere in Octab. S. Michaelis, etc.  
T. 5 Eliz. rot. 373. Monmouth ss. 
A Capias ad satisfaciend. awarded, after the Sheriff had returned upon an Elegit, that the Defendant had no goods no● lands.  At which day here came the said W. by his Attorney aforesaid, and the Sheriff of the said County of Middlesex, now returneth that the said C hath no goods nor chattels in his Bailiwick, which he could deliver to the said W. and that the said C at the said 15. Novem. Pas. nor at any time afterwards had any lands or tenements in his Bayliwick, whereof he could deliver a moiety to the said W as by the said Writ to him it was commanded, and hereupon the said W prayeth a Writ of the said Lady the Queen of taking the said C to be directed to the Sheriffs of London, where the Original Writ first issued, and it is granted to him etc. Therefore it is commanded to the Sheriffs of London that they take the said C if &c. and him safely keep, so that they might have his body here in Cr. S. Martini, to satisfy the said W of the debt and pamages aforesaid, and see the Roll 381. see 17 E 4 fol. 4 After the return of a Nichil upon an Elegit, after judgement in a Scire facias, the Defendant prayeth a Capias ad satisfaciendum and hath it, and with this case, Hobart and Winch agree, as at large appeareth in Foster and jackson's case, in Mich 12 jac. but Warburton and nichols were of a contrary opinion, 34 H 6 f. 20 a. with this opinion, Littleton agreeth.  

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

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

Commitment.  
P 23, H. 7. rot. 284. James Hobert who followeth for the Lady the Queen came here in Court the 10. 
Special commitment for levying of a Fine in the name of another person which had first refused to a knowled  day of May An. 13. Reg. nunc. and gave the court here to understand that whereas R. T. & others the 4. day of january An. Regni, R. nunc 13. out of the court of Chancery of the Lord the King here to wit at Westminster had prosecuted 4. several Writs of the said King against Miles Harconet Esq. and Ann his wife to the Sheriff of the county of Oxon. Leci, Sussex and Surr. severally directed, by which said writs so directed to the Sheriffs aforesaid the King commanded that justly, etc. they should hold to the said I. T. and R. covenants between them made of the Manor of E, in the county of G. and of the Manor of D. in the county of Leic. And of the Manor of P, in the county of Sussex. and of the Manor of D. in the county of Surr. whereupon the said Miles and Ann. the third day of February Ao. 13. abovesaid, before Io. Vavasor one of the Justices of the Lord the King of the Bench, (the said I. U. then having power to receive the acknowledgement of such Fine between the said Miles and Ann and the same Ro. Io, and T. of the Manors and Tenements aforesaid with the appurtenancus at Shoreditch in the county of Midd. the same Miles being examined, made his acknowledgement there and the same Ann to make any acknowledgement in the premises, that any Fine from thence afterwards might be levied upon her acknowledgement, then and there altogether refused and denied, And afterwards the said Miles and john Mill of London Gent, endeavouring the said Ann maliciously to hurt disinherit and defraud, falsely and fradulently stirred up and counselled a strange woman to assert and affirm that she was the wise of the said Miles, and she under the name of the said Ann Wife of the said Miles acknowledged upon the Writs aforesaid that a Fine upon her acknowledgement, and the acknowledgement of the said M. as afore is said, taken and recorded, might be made and levied By pretext of which said counsel and exitation to the said Io. Mill & the said strange Woman under the name of Ann the wife of the said Miles, afterwards to wit the 8. day of February before the said Io. Vava. etc. at Bedlam in the Parish etc. at the instance and request of the said Miles and Io. Mill came in their own persons, And then and there the said strange woman falsely deceitfully and maliciously, under the name of Ann wife of the said Miles acknowledged the Manor and Tenement aforesaid as in the concord with warranty of Miles and his heirs against all men to the disinheritance of the said Ann and her heirs in contempt of the Lord the King now and pernicious example of his Liege People; the said john Vavasor then perceiving she the said woman not to be the wife of the said M: And prayeth that the say Miles Io, M. and the said strange woman may be punished to the example of others, And prayeth process may be made against them to be directed to the Sheriff of Midd. to Attach them to answer the said Lord the King of and upon the Premises, And of and upon such things, which on the behalf of the said Lord the King shall be then and there objected against them and it is granted to her retornable here upon Wednesday next following, At which day here came the said john Mill in his proper person, by virtue of the Writ aforesaid taken and brought to the bar, And thereupon the said john Mill is committed to the Prison of the Lord the King of the Fleet by occasion of the premises, there to stay until etc.  
M 9 H. 7. rot. 295. Attachment was awarded against Peacock to do and receive etc. 
A Commitment for sorging of writ & counterfeiting of the Seal.  and at a day the said I P. was by the Sheriff brought to the bar, etc. And the King's Attorney informed against him for Forging of Writs and counterfeiting the Seal of the court, And Peacock confessed the Forging of Writs, but denied the counterfeiting of the Seal, but said that the writs were sealed with the Seal of the King's Bench by the Keeper of that Seal of Fraud etc. Ignorantly, And he is committed, etc.  

Commitment for making of a feigned writ of Supersedeas, assevering that he was one of the Judge's servants whereas he was not. Commitment to the Fleet up on a Cepi corpus upon a Capias velagat with a remittitur into London to answer a plaint there, wherewith he is charged, after which the outlawry is discharged, and security given in Court to answer the Plaintiffs upon a writ thereupon in debt. Commitment to the fleet, of one in execution upon a judgement in the Bench.  M 8. H. 7 rot. 419. the court is informed of a fictitious writ of Supersedias of Privilege, for one assevering himself to be one of the Judge's servants where he was not so, And upon examination thereof he is committed to the Fleet, And a Fine put upon him to twenty shillings.  
P 19 Eliz. rot. 2. ss. It was commanded the Sheriffs of London that they should not omit etc. but that they should take R. F. of etc. Utlawed in London such a day at the suit etc. And now here at this day came the same R. to the custody of the said Sheriff brought here to the Bar, And the same Sheriffs to wit A & B now return that they took the body etc. The said Sheriffs also returned that the said R. is detained in their custody by virtue of a certain plaint against him the 10 day of May last passed levied in the court of the Lady the Qu. before the said A. one of the Sheriffs. etc. by the name etc. At the suit of I. A. and B. his wife in a Plea of Covenant broken, whereupon the said R. is committed to the Prison of the Fleet of the Lady the Queen by occasion of the utlawry aforesaid there to stay until etc. And when as the said R. shall be pardoned or otherwise discharged from the Utlawry aforesaid, there let him be remitted into the City of London to find sufficient securety in Court here, to answer the said I. and B. in the Court here of the plaint aforesaid there levied upon a Writ thereof by them in the court here to be prosecuted, etc.  
T 25. Eliz. rot. 21.62. ss. a Hab. corpus, to T. H. in prison etc. retornable etc. And hereupon came here into the Court one G, by B his Attorney & prayeth that the said T may be committed to Prison in execution aswell for a certain debt of 100 s. which &c, As for 10 s. which etc. As it appeareth in Hill term etc. Roll &c, whereupon that Roll being seen by the Justices here, It is demanded of the same T. whether he be the same person which is convicted to the said G. in thed debt and damages aforesaid or not, who saith that he is etc. Therefore the said T. aswell for those debt and damages, as for those occasions in the Schedule aforesaid specified, is committed to the Prison of the Fleet safely to be kept to stay there until, etc.  

Commitment of one in execution upon a Sci. fac. upon a Judgement.  H 5. ja, R, rot, 1757. Isham against Pill until according to the form of the recovery aforesaid if etc. And here now at this day came aswell the said E, by T, R, his Attorney, As the said T. Pill in his proper person under the custody of I. P. warden of the Prison for the prison of the Lord the King of the Fleet by virtue of a writ of the Lord the King of an Hab. Corp. to the said warden directed was brought here to the Bar & the Sher. now returneth that the said T, Pill bath nothing etc. nor is found etc. And hereupon the said Eusebius prayeth execution against the said T. of his debr and damages aforesaid to him to be adjudged  
And the said Tho. Pill saith nothing in Bar or hindrance of the execution of the said E. aforesaid whereby the said E, remaineth against the said Thomas therein without defence. Therefore it is considered that the said E. have execution against the said Thomas for the debt and damages aforesaid, etc. Afterwards to wit the said 12. day of February that same Term came here into the Court the same T. P. in his own proper person under the custody of the said warden of the said Prison of the Fleet by virtue of a Writ of the Lord the King of Hab. Corpus, to the same Warden directly brought there to the Bar, And at the petition of the said Attorney of the said E. there he is committed to the prison of the Fleet in execution for the debt and damages aforesaid there to stay until, etc.  
M. 37. H. 6. Rot. 124. A Committitur entered of one committed to the Fleet for rasure of a Record in the Common Bench, being convicted by his own confession, and afterwards was admitted to a fine by pledge I. D. and afterwards set at liberty.  
T 27. Eliz. Rot 12. London ss. Entry of a Hab. Corpus, at a day certain and the causes certified, and he was committed by the judgement Roll without any process sued of Execution, etc. And now here at the said Thursday the said Prisoner in his proper person, by the Sheriffs aforesaid brought here to the Bar, And hereupon came here in Court W. O. attorney of B, and saith that he to wit in Easter Term last passed recovered here in Court against the said W. O. aswell a certine debt of 100 l. as 10 l. which &c. whereof he is convicted as it appeareth in Easter Term Roll. And prayeth that the said W. be committed to the Prison of the Fleet for that occasion, 

Entry of a commitment of a Prothonotaries clerk and of a sheriff's clerk for rasing of a writ of execution in the test & return & for arresting of the defendant with the same writ before it was new Sealed.  
T. 15 H. 9 rot 112 commit. of an attorney for alting a counter-plea of the voucher. H. 6. I rot. 1002. entry of a Commitment of one P. to the fleet for rasure of a fine and a fine imposed upon him by the Court.  
H. 16. Eliz. rot. 956. Grevills' case examinaiion of fraud in the defendatns' attorney for suffering a judgement, the judgement is vacated and especial entry of a judgement. New books of entries to 344. title Hab. corpus 1. Harisons case Dyer folio 149.  
The party in execution suggesteth to the court that the case issued out of the court in Easter term● retornable tres Trin. and that he was not found, and that afterwards it was razed in the Test and return, & not sealed again & that he was taken in execution upon that writ, which had no continuance upon the roll & prayeth to be discharged of the execution.   and because to the Justices here it sufficiently appeareth upon Record that the allegation of the said W. C. is true, Therefore the said W. G. at the prayer of the said W. O. is committed to the Prison of the Fleet by occasion of the premises there to stay until, etc.  
M 7. and 8. Eliz. Rot. 1848. It was commanded the Sheriff that he should take Thomas Thurland late of Savoy in the county of Midd. Clerk or otherwise called T. T. etc. if &c. and safely etc. so that he should have his body here To. Mich. to satisfy to W. Whitaker and Ralph day executors of the Testament of Jo. Ward of S. in the County of Hertford yeoman, otherwise called, etc. and R. D. of Puckeridg to be my executor aswell of a certain debt of 60 l. which the said John in the Court of the Queen here recorded against him as of 27. l. 11 s. 4 d. which to the said john in the same Court were adjudged for his damages which he had by occasion of detaining of that debt whereof he is convicted, And whereupon it was considered in the same Court here that the same Executor should have execution against the said Thomas for those Debt and Damages, And whereupon the Sheriff of the County of Hertfort aforesaid returned to our Justices here A die Pas. in 15. days last passed, that the said Thomas was not found in his Bayliffwick, whereas it was testified in the same Court here, that the said Thomas did lie hid, wander, and run from place to place in the said County of Midd. & now here at this day came the same W. W. & R.D. by Antony Stebbnig their attorney & the Sheriff of the said County of Midd. to wit I. R. and I. H. now returneth the Writ aforesaid by L. D. and E.I. late Sheriffs of the County of Midd. endorsed in Form following to wit that the same late Sheriff by virtue of the said Writ to him directed, had took the body of the said T. T. whose body together with that Writ in his departure from his he delivered to the said I.R. & I. H. now Sheriff of the same County of Midd. And which said body of the said T. T. together with the Writ aforesaid, in Form aforesaid endorsed, the same now Sheriff of Midd. before the Justices here at this day hath ready, As that writ in itself doth exact & require. And the said now Sheriff the body of the same T. T. by virtue of that Writ, by him to the Bar brought and had, prayed that the Justices here would receive that Writ from the said now Sheriff, amongst other Writs de trib. Septim. S. Mich. is to be Filled in the Bench, here by the Custos br. of the Lady the Queen of the same Bench, And that the said Sheriff by the Court here may be discharged from further Custody of the body of the said T. T. by virtue of the said writ, whereupon it was given to the Court here to understand by the same T. T. that that writ by the said now Sheriff brought and showed in the Court here, is of no force in Law, And by the same Court there ought not to be received for a writ of the said Lady the Queen to be Filled amongst other writs, for that, that the said writ in Easter term last passed issued forth of the Court here retornable before the Justices here, tres. Trinitat. last past, And then the said writ had the test of Easter term before which said tres Septim. S. Trinitatis, was not found within the Balywick of the said late Sheriff of the said county of Mid. And that long after the said tres. Sept. S. Trinit. elapsed, that writ was found razed in the test & in the return of the same, and then by colour of the said writ so opened and razed, and not sealed, and whereof then there was not any Record in the Court here remaining, whereupon the said writ so razed, had not any day of continuance after the said tres Septim. S. Trinitatis, the said T. T. after the said tres Sept. by the said late Sheriff was taken & arrested, and prayeth that he may be dismissed out of the Custody of the said now Sheriff of the said County of Midd. whereupon the truth of the premises being by the Justices here in Court inquired into, whereupon one I S. Citizen and Goldsmith of London and Sebastian T. late one of the Clerks of R. L. one of the Prothonotaries of the Court of the Lady the Queen here by command of the Justices here present here in court, 
Justice's inquire of the premises  And the same I. F: his corporal oath being by him taken, was conferred with by the Court hereof and upon the premises who being examined said, That the said executors in Easter Term last prosecuted out of the Court of the Bench here the said Writ against the said T. T. directed to the then Sheriff of the said County of Midd. and returnable here at the said tres Septim. S. Trinitatis, than next following, which said writ, with the seal of the said Lady the Queen deputed to seal the writ of the same Lady the Queen in the Bench here was sealed, And that the said executors delivered that writ so sealed to the said I. F. desiring the same I. F. to act and prosecute in that behalf for them and in the names of them the said executors in that behalf to do what could be done by Law, 
Examinations of 3. or 4. in court & their depositions and confessions in fact recorded.  And the same I. F. that writ so sealed and returnable at the said tres Trin. etc. in the term of the holy Trinity last passed in the names of the said Executors at London delivered to one W. Y. one of the Clerks of Humphrey M: Gent: then deputy and under Sheriff of the said late Sheriff of the said county of Midd. to be executed in form of Law, And afterwards to wit one Month being elapsed, after the said tres Sept. S. Trinitatis last past the same I. F: 
See M. 8. Eliz Dier fol. 242. pl. 50. and fol. 244. Pl. 61.  came to the said W. Y being then in one of the counters in London, and requested him the said W. Y. in the names of the said execuors to make a certain warrant upon that writ, to take and arrest the same T, T. for the debt and damages aforesaid, to whom the said W. Y. then said, that the day of return of that writ was past, And that the same I. F. aught to have that writ amended in the test and in the return of the same by some of the Clerks of the said R. L, whereupon the same I, F: came to the said Sebastian T. then one of the Clerks of the said R. L. being then in London, and requested the same S: to amend the said writ in the test and return of the same which said Sebastian razed the said writ in the test and return of the same, And put in the said writ le test 11. die Julii and return of the same writ A. die S. Mich. in tres Septim., And immediately after the amendment of the said writ so made the same I: F: delivered to the said W. Y. that writ so razed and amended, but not new sealed, and the same I, F, being asked by the Court here, wherefore he caused not that writ to be new sealed, said that he knew not whether that said writ aught to be new sealed or not, And further, the said I. F. said, that by virtue of the said writ the same H. M. then being under-Sheriff of the said county of Midd. at the request of the said I. F. in the name of the said executors made, made a certain warrant to take the same T. T. for the debt and damages aforesaid, And that the said T. T. by virtue of that warrant was taken in the said County of Midd. and afterwards brought to the dwelling house of L. D. situate in London there one of the Sheriffs of the same County of Midd. And also the said Sebastian having taken his corporal oath, was likewise by the Court here conferred with and examined whether he razed and altered les Testes and retorns of the said writ as aforesaid at the request of the said I. H or not, or whether he made any continuance of the same writ in any record or roll of plea thereof in the same court here remaining, or not, said that he at the request of the said I. Clerk of the said R. L. his Master razed and altered the said writ in the les Test. and return of the same as is aforesaid, And that he made not any continuance thereof any record or Roll in the Court here here of remaining, whereof the roll of the entries of Pleas of Hillary term last passed, in which term judgement to have execution for the debt and damages aforesaid was entered, being brought here into the Court it evidently appeareth, and the Court here by the inspection of the said Justices in the roll of Pleas number 941., the said writ had day of continuance from the said tribus Septi. S. Trinitatis until the said tres Septi. S. Michi. then next following, And being by the court there asked who made that continuance, und when the same continuance was made, it is given to the Court here furrher to understand, that one H. S. one of the Clerks of the said R. L. had made it, which said I. S, present here in court after he had taken his oath, being conferred with and by the court here fully thereupon examined, said that he the first day of that Term of S. Michael at the request of the said I, made the continuance, for that he is one of the Clerks of the said K. L. attending in the Office, and entered the Plea thereof in the same Roll 940. And the same W, Y. being likewise present here in court and having likewise taken his oath by the same court being examined of and upon the premises said that he in the beginning of the Term of the holy Trinity last passed received by the hands of the said I. H. the writ aforesaid then sealed, and long after the end of the term of the holy Trinity, the same I, F, came to him desiring him the same W, to make a certain warrant upon the same writ, to tak● the same T. T. to which said I. F, the said W, then said, that the day of the return of the said writ was then past, And further the said I. H. that he should cause any of the Clerks of the said K. L. to amend the test and the return of the said Writ, And that the same W. afterwards received from the said I. H. the writ aforesaid in Form aforesaid razed and amended, but not new sealed, And that the same T. T. by virtue of that writ, and by virtue of a certain warrant upon the said writ as aforesaid made was taken and arrested, And further the said W. said that the next day, betimes in the morning, to wit about 4. a clock before noon of the same day, by the command of Humphrey Moseley his Master, came to the house of W. Forrest, situate in Fleetstreet London, in whose custody the seal of the Lady the Queen deputed to seal Writs, in the Bench aforesaid, remained, and caused the said Writ to be so sealed, 
Fee for the common Seal in the Bench seven pence.  and paid for the sealing of the said Writ seven pence to the said W. F. And afterwards, to wit, the same day, the said W. Y. that writ so newly razed, and then newly sealed, delivered to the said H.M. his Master, which said H.M. being likewise present here in Court having taken his oath, and by the same Court here being examined, of and upon the premises, said, that he at the time of the taking and arresting of the said T.T. knew no otherwise, but that the writ so razed, 
Commitment of the offenders to the Fleet.  was sealed of new, but as soon as the same H had understood that the same writ after the alteration of the same was not sealed of new, said to the said W.Y. his Clerk, that he should cause the same writ to be sealed, And thereupon the same W. Y. caused the same Writ to be sealed, the same H further said, that he having the writ aforesaid sealed of new, at W in the County of M that Writ to the same T. T. then and there being under the custody of the same H shown, and read it, 

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

The writ is received and filled, and the Defendant at the prayer of the plain iffs is committed in execution.  
The Delinquents come to the Bar and pray to be discharged, and are discharged One makes a fine before he be discharged.  
Admitted to his fine at a hundred shillings by pledges.  
The Sheriffs are fined at ten l.  
The Prothonotary of the Bench pays the fine by him received of the party for a misdemeanour to the barons of the Exchequer, by the commandment of the Justices of the Bench.   by the same Justices here being fully examined, seen and understood, upon great & diligent advisement and consultation by the Court here in that behalf before had the Writ aforesaid by the Court here is received and filled, and the same T T at the petition of the said Executors, for the debt and damages aforesaid, by the same Court here, is committed to the prison aforesaid, there to remain until, etc. And afterwards, to wit, the sixteenth day of November than next following, came the same I F. S T and W Y in their proper persons brought here to the bar, by the Keeper of the prison aforesaid, and pray that they may be delivered from the prison aforesaid, etc. Whereupon the same S. F. and W. by the Court here, by occasion of the premises, out of the prison aforesaid are discharged, and set at liberty, and it is said to the Court here, that the same I F that he should make a Fine with the said Lady the Queen by occasion of the premises, before he should be delivered out of the prison aforesaid, and hereupon the same I prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the premises, and is admitted at a hundred shillings by pledge, therefore the same I go therein quiet, etc. And that he should be delivered and discharged from prison, to go at large, etc. And afterwards, to wit, the same sixteenth day of November, came here into Court the said W. and E. I. late Sheriff of the County of Middlesex in their proper persons, and pray themselves to be admitted to make a fine, with the said Lady the Queen by occasion of the premises, and are admitted for ten pounds paid into the Court here by the hands of the said H. M. late under-sheriff of the said late Sheriff, to the said R. L. to the use of the said Lady the Queen, which said ten pounds the same R. L. the eight and twentieth day of November, than next following, by the command of the Justice's aforesaid, before the Barons of the said Lady the Queen of her Exchequer, in full Court there brought, and by the command of the same Barons, paid it to one I. H. to the use of the said Lady the Queen, therefore as well the said I. D. as the same E. I. and the said Humphrey M. as the said Richard Love, of the said ten pounds are quiet, etc.  

Entry of a Habeas corpus, and commitment of a prisoner to the Fleet, in execution in the Term time at the chief justice his chamber the writ bore teste, 4 July 1●. Jac. And note that the Term ended 5 July 18 Jac. and the party was committed to the Fleet in the Term from the Judge's Chamber in Sergeants Inn in the afternoon and the judge delivered the Commitment to be enrolled the next day, being the last day of the term.  T 18 Jac rot 3060 Brownlow, London ss. It was commanded the Sheriffs of London, that they should have the body of Leonard Bawtry Sergeant at Law, by whatsoever name reputed, in the prison of the Lord the King, under the custody of the same Sheriffs, together with the day and cause of his taking and detaining, before H H Knight and Baronet, chief Justice of the said Lord the King of the Common Bench, at his chamber situate in Sergeants Inn in F street, L, 
T. 17. Jac. rot 3094. 3279. 3270. 2871. 2000 2170: T 24, Eliz. rot. 2142. the like.  immediately after the receiving of this Writ, that the same Chief Justice seeing the cause aforesaid may do in that behalf what of right according to the Law and Custom of the Realm of the Lord the King of England, and the liberties and priviedges thereof aught to be done, and that they should have then there that Writ, afterwards, to wit, the fifth day of July, Anno Reg. etc. 18. immediately after the receiving of the said Writ, before the same chief Justice, at his chamber aforesaid, came the same Leonard in his proper person under the custody of R. D. and I. C. Sheriffs of the City aforesaid, and the same Sheriffs to the said chief Justice then and there returned, that the execution of the said Writ, did appear in a certain Schedule annexed to the said Writ, the Tenor of which said Schedule followeth in these words, London ss. We R.D. and I. C: Sheriffs of the City of London do certify to H. H. Knight and Baronet, Chief Justce, etc. that before the coming of the said Writ annexed to the Schedule, to wit, 
Return of the causes by the Sheriffs.  the fourth day of July, Anno, etc. 18. Leornard B. Sergeant at Law, in the same writ named, was taken in the City aforesaid and kept in the prison of the said Lord the King under the custody of us the said Sheriffs, by virtue of a Writ of the said Lord the King directed, the Tenor whereof followeth in these words, James, etc. To the Sheriffs of London greeting, Attach Leonard B. one of the Sergeants at Law, otherwise called L. B. of Boston, in the County of Lincoln Sergeant at Law, otherwise called L. B. De Boston, in Com. Lincoln. ob. ad legem, so that you may have him before our justices at Westminster, on wednesday next after Tres septim. S. Trin. to satisfy Richard W. Gent. as well of a certain debt of eight hundred pounds, which the same R in our Court, etc. as of forty shillings, which to the same R. in the same Court were adjudged, etc. whereof he is convicted, 
Commitment, and this was outo sCourr.  and whereupon it was considered in our said Court, that the said R. have Execution against the said L. for the debt and damages aforesaid, for default of the said L. and have you there their writ, teste H H at Westminster, 16. Junii, Anno 18. and Scot 53. Maier Waller. And this is the cause of taking and detaining of the said L. B. in the prison aforesaid, whose body they have ready according to the Tenor and Exigency of the writ aforesaid; to this schedule annexed, which being seen, read, and by the same chief justice understood, the same L was committed to the custody of Allexander Harris Esquire, Warden of of the prison of the said Lord the King of the Fleet being then present in his proper person, for the occasions aforesaid, there to remain until, etc. which said Leonard the said Warden then received into his custody into the prison aforesaid, for the occasions aforesaid to remain until, etc. Which said commitment of the same Leonard unto prison, the same Chief justice the said fifth day of July that same Term, delivered here into Court with his own proper hands to be enroled upon Record, etc.  

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

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

One who forged a Cirographe of a fire supposed to be levied in the Common Bench where no such was levied, was brought to the bar by a Habeas corpus and upon his own confession, and examined, was taken in the County by special commissions and read in Court, be was committed to the Fleet, & fined at C I  H 6. Jac. rot. 1002. Hereford ss. It was commanded the sheriff that he should have here at this day to wit, on Friday next after the morrow of the Purification of the blessed Mary, the body of Philip Philpot of Rosse, in the County aforresaid, Gent. in the prison of the Lord the King under the custody of the same Sheriff detained, to answer the Lord the King now, upon those things, which to him on the behalf of the said Lord the King should be objected, and to do and receive what the Court of the Lord the King here shall consider of him in this behalf, And now here at this day came the same John in his proper person by the sheriff of the County aforesaid, to the bar here brought, and the same Sheriff, to wit, John Kirle Esquire, than here returned, that he by virtue of the Writ aforesaid to him directed, the body of the said john hath ready here at this day as by the same Writ it was commanded him, etc. whereupon one john Brewster, one of the Clerks of _____ Chirogapher, of the Court of the Common Bench here on the behalf of the said Lord the King now, giveth the Court here to understand and to be informed, that the same John after the last general pardon of the Lord the King now in the Parliament held at Westminster aforesaid, the fifth day of November in the third year of his Reign falsely and corruptly procured one Adam Launder to write in parchment indented, to the like form of the Cirographer of fines in the Court here levied, the Cirographie of the same Fine, between Tho Holland and Thomas Woodward Plaintiffs, and one Edw. Woodward Deforceant of Tenements in the County of Worcester, whereas in truth there was never any such Fine between the parties aforesaid of the Tenements aforesaid levied, nor any Cirographie of any such fine, by the Cirographer of this Court made, and the same Cirographie so written, for a true and just Cirographe of a fine levied of the Tenements aforesaid, between the parties aforesaid published, and delivered to the same Thomas Holland, receiving of the same Thomas Holland therein fifty shillings, falsely and in deceit of the Court aforesaid, and in contempt of the Lord the King now, etc. as if it had been duly made by the Chirographer of the same Court here, and because as well by the examination of the said John powel, & of the same Adam Launder, before Robert Pie of Hereford, and Thomas Connisby Knight, and in Court here openly read, as by the proper acknowledgement of the same John Philpot here in Court made who hath confessed his falsity and deceit aforesaid; it evidently appeareth upon the same information of the said John Brewster, on the behalf of the Lord the King, against the said john Philpot in form aforesaid made to be true, therefore the same john P. for his falsity and deceit aforesaid, by the Court here is committed to the prison of the Lord the King of the Fleet, there to remain until the Court here shall consider of his corporal punishment, etc.  
And further the same Justices here do assess for a fine upon the said I Philpot, for his falsity, deceit, and contempt aforesaid in this behalf done and committed, to be forfeited to the Lord the King now to a 100 l. etc.  
M. 28. Hen. 6. Rotulo 315. Wydestade, Be it remembered, 
An Attorney committed to the Fleet, and fined at 13 s. 4 d. for that he prosecuted a Capias in Trespass, & no original was filled to warrant the same writ of Capias. P. 20. H. 6. rot, 325. tiel. T. 20 H. 6. fol. 37. pl. 6. T. 27. H. 6. fol. 378. M. 5. and 6. P. and M. rot. 993.  that the sixth day of Novembar that same Term, it is given to the Court here to understand, that one john Wellis, one of the Attorneyes of the Court of Common Bench here; falsely and deceitfully a certain Writ of the King, supposing that Writ from the Roll of john Wellis one of the Prothonotaries of the Bench here of that same Term, Rotulo 110. to have issued, whereas it did not so issue, The Tenor of which said Writ followeth in these words, Henry, etc. reciting the Capias, wherefore he broke the Close, etc. Teste I. P. at Westminster, the fourteenth of October Anno 28. Rotulo Carolus 20. Whereupon the files of Writs being searched, of the said County of Hereford, of that same Term here in Court filled, no orginal Writ nor Roll received here in Court, which ought to warrant the said Writ, whereupon the same john Wellis being solemnly called, as the custom is to call the Attorneyes, in his proper person appeared, and upon his oath, by the Court here examined, expressly acknowledged, that he wrote the said Writ, to take Henry Collet and sealed it with the King's Seal of the Bench here, no Original Writ whereupon the same Writ ought to be warranted, returnable in Court here, nor in the Roll aforesaid, nor in any other Roll in that same Term is enroled, for which the same John Wellis present here in Court for his Fasehood and Deceit, is committed to the prison of the Lord the King of the Fleet, there to remain until, etc.  
Afterwards, to wit, the day of N that same Term the same I.W. came again here into Court, under the custody of the Warden of the prison aforesaid brought here to the Bar, and prayeth to be admitted to make a fine with the King here by occasion of the premises, and he is admitted for thirteen shillings four pence, which the same I paid here in Court, which are assigned and paid to the Sheriff of Middlesex for divers Reparations, etc.  
T 35 H. 6. Rotulo. 494. Last Roll, Be it remembered, That for as much as great Troubles, Subtleties, Falsehoods, and Deceits have been caused and done before this time in the King's Court of Common Place, as well for lack of attendance of the Officers of the same place, as by comers and sitters within the same which be not sworn, nor have to do within, there be certain orders made at the Utasse of Saint john the Baptist, the year of the Reign of King Henry the sixth, after the Conquest 35. by john Prisot chief Justice of the said place, by the advice of all the Judges, of the same in Form following,  
FIrst, That every Prenotary, Filoser, Exigenter, King's Clerk, and every other Officer of the same place, such as they and their predecessors have used to occupy their Offices in their proper persons, and they or their Deputies sworn that have used to occupy their Offices by their Deputies, from henceforth attend upon their said Offices, in their places accustomed for the same, and occupy them in their proper persons, upon pain of Forfeiture and Losing of their Offices, Always foreseen, that if any of the said Officers or Deputies, for sickness or other cause, reasonably be licenced or had excused, by the Chief Justice of the same place for the time being, that he be not prejudiced by this Ordinance.  
ITem, That none of the said Officers, nor Deputyes take upon them to licence or to set any Clerk or other in any of their places, or by them to occupy in their said Offices or for any other cause without Licence of the Chief Justice for the time being, saving such as have been accustomed to have their Clarks sitting by them, that is, to wit, every of the Prothonotaries two Clerks, for the Clerk of the streets two Clerks, for the Keeper of the Writs or his Deputy one Clark, upon pain of Imprisonment and making fine to the King, therefore neither that no man take upon him to sit within the said Common place that is none Officer, nor hath no place within, without leave of the said chief Justice or Justices upon the same pain.  
ITem, That no Attorney, nor no other, make any manner of Writ or Process in any Officers name of the same place, saving only every Officer in his own name, nor intermeddle with any other one's office, nor of any other thing that pertaineth thereto, without leave of the chief justice of the said place for the time being, or of the same Officer in whose name he writeth, and that he the said Officer will allow and affirm the same upon pain of Imprisonment, and making Fine to the King as aforesaid.  
P 4 Car. rot. 1236. Brownlow ss. Be it remembered, 
Commitment of an Attorney t rown over the bar for divers falsities.  that the tenth day of May that same Term, for that it manifestly appeared to the Court here upon the examination of divers faithful persons, and upon other matters here in Court brought, that William Juby one of the Attorneyes of this Court, had unduly prosecuted divers Writs of Capias without any Original writs out of the Chancery obtained, to maintain the issuing out of such Writs of Capias in deceit of the Lord the King now, and of this Court, and that the same William Juby had impleaded divers Subjects of the Lord the King without any just causes, but only for vexation, and some of them through the multiplicity of Arrests are compelled to agree with the same William Juby, to redeem their vexations. And that the same William Juby, divers Falsehoods, Deceits and Misdemeanours, committed and perpetrated to the hurt and vexation of divers subjects of the Lord the King dwelling in the Counties of Norff. & Suff. against the oath by the same William taken, when the same William was admitted to the office of an Atrorny in this Court, Therefore it is considered by the Court here that the same William Juby be altogether forejudged from the office of an Attorney in the court here, & that in the Office of an attorney from henceforth he should not intermeddle but his privilege therein should altogether lose, and that his name out of the Roll of Attorneys of this Court be blotted out, And the same William by the criers of the court was put out of the Court here beyond the Bar and committed to the prison of the Lord the King of the Fleet there to remain until the Court here should otherwise consider, etc.   

Debt.  

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

Distringas.  

Distress against the Lord of a manor in aneient demesnes to hold his court etc.  Mich. 1. Mariae. Rot. 123. entry of a writ of distress against the Lord of a Manor of ancient demesnes, to hold his court, so that the Sheriff recordari fac. Loq. in a writ of false judgement, upon a writ, de recto clause.  
T 3. Ca Rot. 1887. Pytt Philizer London. ss. 
entry of a distringas against the Sheriff for returning of Pettit issues & the plaintiff prayeth a Test. Distringas to a foreign county that the defendant may be distrained by greater issues. omnia issues 10 l.  It was commanded the Sheriffs, as more times the King had commanded the same Sheriffs that they should destrain the Mayor Cominalty & citizens of the city of London otherwise called M, C. and C. of the city of London by all their lands, etc. and that of the issues etc. And that they should have their bodies here at this day to wit in Cr. Trin. to answer D. B. widow R. B. Esquire and T. B. gent. executors of the testament of Tho. Bennet otherwise called T. B. the younger citizen and Alderman of London of a plea that they render unto to them 1500 l. which from them they unjustly detain, etc. And now here at this day come the same D.R. and T. Bennet by Richard Williams their attorney and offered themselves the 4. day against the said Mayor and Cominalty & citizens of the city of London in the plea aforesaid, and they came not, & the sheriffs to wit R. F. and E. Brumfeyld now return that the same M. and C. and citizens of London are distrained by their chattles to the value of 40 l. and bailed by I. G. and R. R. Therefore they in mercy, and because it is testified in the same court of the Lord the King here on the behalf of the same executors that the said Mayor and C. and. citizens of London have divers lands and chattles in the county of Surrey, 
Testat. distringas awarded to the Sheriff of Surry.  whereof they may be distrained for better issues of their lands and chattles so that the Lord the King now may be answered of better issues of the lands & chattles of the same Mayor & Cominalty and citizens of the city of London, if the same Mayor and C. C. of the city of London in the same court here will not soon appear to answer the same D. R. and T. Bennet in the plea aforesaid, Therefore it is commanded to the sheriff of Surrey that he destrain the same Mayor and Cominality & citizens of the city of London by all their lands, etc. And that for the issues, 
See the old Book of entries fol. 226. title distresses pl. 4. accord. Surry  etc. so that he may have their bodies here tres Mich. to answer the said Dorothy Rich. and Tho. Bennet in the plea aforesaid, etc. And it is to be known that a writ thereof the Justices here have delivered to Theophi. Tipton undersheriff of Surrey present in Court here that same Term to execute in Form of Law, etc.   

Elegit.  
M 19 Ja, Rot. 1949. 
entry of a writ of Elegit in the same term wherein it was returned & not upon the indictment Roll, nor upon the Roll of the writ of Scire facias the custom it, But note that the writ of Elegit is demanded and adjudged to the enter upon Roll of the entry of the Scire fac. The like form of entry of Elegit, P 10. H. 4. Rot. 140.  It was commanded to the sheriff of Derb. whereas lately in the court of the Lord the King now here to wit at Westminster it had been considered that P. Moyl should have execution against Robert Turner Gent. one of the attorneys of the Court of the common Bench of the Lord the King here aswell of a certain debt of 40 l. which the same Prudence in the court of the Lord the King here had recovered against him as of, etc. which to the same P. in the same court of the King here were adjudged for her damages which she had by occasion of the detaining of that debt whereof he is convicted. The same Prudence afterwards came into the same court of the Lord the King here, and by the statute therein provided, chose to be delivered to her all the goods and Chattles of the same Rob. besides his Oxen and necessaries of his Plough, 
H. 12 Eliz. rot: 1470. s. Fylmer T. against L. entry of a Writ of Partition by prec. fuit vic. P. 12 Eliz: Rot: 1016. the like upon an extent. T. 20. Jac. Rot: 2080. B. against M. H. 19 Jac. Rot: 3192. S. g. J.T. 1. Ca●: Regis rot: 569. M. against C.  and likewise the moiety of all his lands and Tenements in your Bayliwick to hold to her the goods and chattles aforesaid, as her proper goods and chattles, And also to hold the moiety of the lands and Tenements aforesaid as her free Tenements to her and her assigns according to the form of the statute aforesaid, until he had levied the debt and damages aforesaid thereof of all which goods and chattles, besides the Oxen and necessaries of his Plough, And likewise the moiety of all the lands and Tenements of the said Rob. in your bailiwick whereof the same Rob. the 6. day of November An. etc. 17. which day judgement there in was given, or at any time afterwards was seized, without delay he should deliver by a reasonable price and extent, to hold to her the goods and chattles aforesaid as her proper goods and chattles, and also to hold the moiety aforesaid as her freehold to her and her assigns according to the Form of the statute aforesaid, until the debt and damages aforesaid were levied thereof. And in as much as he had executed that command he should make appear, 

The Sheriff returneth that the Defendant such a day was possessed of divers goods to the value of 6 l. which he delivered to the Plaintiff at the same value, in part of satisfaction of the debt and damages.  
Note that in an Elegit the goods ought to be appraised by the Jurors, and to be returned by the Inquisition, with the Lands, etc. 1 Mar: Dyer f. 100 Pl. 71. accord.  
And further the Sheriff returneth an Inquisition wherein it was found that the Defendant at the day of taking of such Inquisition was seized of divers lands in fee to the value of 22 l. by the year, besides reprises, the moiety whereof he delivered to the Plaintiff, to hold according to the Statute until he had levied the residue of the said debt and damages.   there to wit at Westminster aforesaid upon the Thursday next after the morrow of St. Martin, And that he should have then here that writ, etc. And now here at this day to wit the same Thursday next after the same morrow of S. Martin, came the same Prudence by T. T. her attorney, and the sheriff of the same county of Derb. to wit john Milward Esq. now here returneth a certain Inquisition before him at Chesterfeild in the said county of Derb. the 6. day of Octob. last by the oath of 12. etc. taken whereby it is found that the same Ro. Turner was possessed of 2. Cows & one Mare price 6l. as of his proper cattle & chattles, & the same day of the taking of that Inquisition, was seized in his demesne as of Fee of and in one Message or tenement with the appurtenances in H. in the county aforesaid wherein the same Rob. then lived. And of and in one close of arable land there whereupon the message aforesaid standeth, one other close called G. S. one other close called M. S. etc. as in the inquisition. 
Value of the land found besides the reprises.  All and singular which messages are worth by the year in all issues besides reprises 22. And and that of the same Sheriff the same day of taking the inquisition aforesaid, delivered to the said Prudence the cattles aforesaid at the price aforesaid to hold to the same P, as her proper  and chattles, in part of satisfaction of the debt and damages aforesaid, and that the said 5. closes late purchased of A.F. the said close called W. Carrmeadow, with the grove in the same, and the said close called Wellflat, 
The Sheriff draws the moiety out of the Tenements.  are the true & equal moiety of all and singular the lands and Tenements aforesaid which said moiety the aforesaid sheriff of the said county of Derby the same day of the taking of the Inquisition aforesaid made to be delivered to the said Prudence Moyle to hold the same P. as her Free Tenement to her and her assigns according to the Form of the statute aforesaid, 
Delivery of the moiety.  until the residue of the debt & damages aforesaid were levied thereof, and further by the Inquisition aforesaid it is found that the said R. Turner neither the day of the judgement v given to wit 6. Nou. An. 17. abovesaid nor at any time afterwards, until then, nor at the day of taking the inquisition aforesaid had any other, or more lands or Tenements nor any other goods or chattles in his bailiwick to the knowledge of the Jury of that Inquisition which he could extend or appaise or deliver to the said P. Moyle, 
The Defendant hath no more lands or goods.  as by the same writ it was commanded him etc.  
M 20. jac. Rot 3371, 
Entry of a Writ of Elegit against a Clerk, whereupon the Sheriff returned that he is a Clerk and beneficed at Hab, non hab. laicum foeod. And a Writ awarded to extend the goods and lands ecclesiastical. T. 21. H. 6. rot. 326. Sequest. spec. is entered upon the Distring. Ex. ad hab. Clra. etc. & spec. intr. upon the sequestration for issue  Brownlow Suff. ss. The sheriff was commanded whereas Antony Hobard Esq. lately in the court of the Lord the King now to wit at Westminster by the consideration of the same Court, had recorded against Thomas Barker late of Holton in the county aforesaid Clerk aswell a certain debt of 80 l. as 48 s. which to the same Antony in the Court of the king here were adjudged for his damages which he had by occasion of the detaining of the said debt whereof he is convicted, the same Antony afterwards came here into the Court of the Lord the King here, and by the statute therein provided chose to be delivered to him all the goods and chattles, etc. As in the writ before until, and in as much as he shall have executed our command aforesaid he should make appear here at this day to wit 15. Trinit. & that he should then have here that writ, etc. and nowhere at this day came the same Antony by E. H. his attorney and the sheriff to wit W. Whittle Esq. now returneth that the same Thomas Barker is a Clerk and beneficed at H. in the county aforesaid in the diocese of M. having no lay Fee in his bailiwick, Therefore it is commanded to the Reverend Father in Christ Samuel by divine permission Bishop of Norwich that all and singular the goods and chattles eclesiastical lands and tenements of the same Thomas in the diocese of the same Bishop he should deliver to the said Antony by a reasonable price and extent to hold the goods and chattels aforesaid, 
Note that in T. 13 ja. upon the motion of Richardson Serjeant the Court then agreed that he should not have an Elegit to the Bpp. but a Fire Facias de bonis, ecclesiasticis and thereupon a fiieri fac. de bonis ecclesiasticis was made in that case.  as his proper goods and chattels, and also the Lands and Tenements aforesaid as his Free tenement to him and his assigns according to the Form of the statute aforesaid, until he shall have levied the debt and damages aforesaid. And in as much as that command shall be executed, he shall make appear here in Cr. Anim. by the letters of the same Bishop sealed, etc.  
T 18. jac. Rot. 3057. Brownlow Essex. ss. Whereas john Hill lately in our court before our Justices at Westminster by the consideration of the same court had recovered against Mary Wroth late of London widow otherwise called M. W. &c, aswell a certain debt of 400 l. as 80 s. which &c. whereof she is convicted, the said john afterwards came into our said court and by the statute etc. chose to be delivered to him all the goods and chattles of the said Mary besides Oxon and cattle of her plough, and likewise the moiety of all her lands and tenements of which the same Mary in Crastino S. Trin. last passed upon which day the judgement aforesaid was given against her or at any time afterwards was seized without delay, 
Entry of an Elegit after an elegit.  he should cause to be delivered to the same john by reasonble price and extent to hold to him the goods and chattles aforesaid, as his proper goods and chatties and also to hold to him the moiety aforesaid as his free tenement to him and his assigns according to the form of the statute aforesaid until the debt & damages should be levied thereof and in as much &c. he should make appear to our Justices here at Westminster in Cr. Pur. S. Mariae last past. And you at that day returned to our Justices at Westminster a certain Inquisition taken before you at S. L. in your county the 12. day of Dec. last passed by the oath of 12. etc. taken, by which it is found that the same Mary at the said Cr, S. Trinitat, and after that day was seized in her demesnes of Fee tenant for term of life of and in the Manor and chief mesuage of L. al. L. with all their right members and appurtenances, etc. And further that the same Mary at the said day of the judgement aforesaid given or at any time afterwards had any other goods or chattels or any other or more Manors lands tenements in your County which to the knowledge of the Jurors of the Inquisition aforesaid could be extended or appraised, & you further returned to our Justices at the same day, that none came to you on the behalf of the said john to pray deliverance to be made to him of the moiety of the manor and Tenements aforesaid by the inquisition aforesaid found, so that to further execution of the said writ you could not proceed, whereupon the same john came into our said Court saying that the same Mary a the time of the judgement aforesaid given, and afterwards had divers lands and Tenements in your County to the value of 40 l, besides the Manor and Tenements in the inquisition aforesaid specified, and also was possessed of divers goods and chattles to the value of 100 l. which you could have extended and apprised and delivered to the same john And therefore we command you, as more times we have commanded you that all the goods and Chattles of the same Mary besides Oxon, etc. And likewise the moiety, etc. besides the same manor and Tenements in the Inquisition aforesaid specified of which the same Ma. at the time of the judgement aforesaid given or at any time afterwards was seized & possessed of, and also the moiety of the Manors and Tenements in the inquisiton aforesaid specified, you cause to be delivered to the said john by reasonable price and extent to hold as his Free tenement to him and his assigns according to the form of the statute, etc. until the debt and damages be thereof levied, And in as much as you shall have executed this our command you make appear, etc.  
SVff. ss Whereas E. T. and Mary his wife in our Court before our Justices at Westminster by the consideration of the same Court had recovered against john Addams 20 l. for the value of the dower of the same Mary of one message and one Garden with the appurtenances in Bury S. Ed. from the time of the death of R. Cage her late husband. 
Entry of an Elegit for the value in Dower.  As for their damage which they had by occasion of the detaining of the said dower whereof he is convicted, And the same Io. and Mary afterwards came in to our said Court and by the statute therein provided chose to be delivered to them, etc. As in others, to hold to them and their assigns according to the Form of the statute aforesaid, until the said 20 l. for the value and damages aforesaid shall be thereof levied etc. in as much, etc. he should make appear here Men. Pas. etc.  
P 29. or 30. Eliz. Rot. 651. 
Tender of the body in execution, in discharge of the Manucaptors.  London ss. Be it remembered that the third day of May that same term came here into the court M. F. in this own person, And offered his body in execution upon the judgement for damges cost and charges, which W. F. in the Queen's Court here recovered against him, as in a certain action of trespass upon the case, according to the Form of a certain Recognizance here by the same M. and certain Henry Lues of the Parish, etc. Butcher, and Giles Holden of the Parish, etc. haberdasher, in Mich. term Ann. Reg. Regin. 27 and 28. acknowledged for & in discharge of his Manucaptors aforesaid etc. And hereupon William Knight attorney of the said W. F. by the court here conferred with, if he would commit the body of the said M. in execution for the debt and damages aforesaid to the prison of the Fleet there to stay upon that occasion, or not, said that not, Therefore aswell the said Manucaptors as the said M. from the Recognizance aforesaid and sums of money contained in the same Recognizance, by the Court here are discharged, etc.  

Tender of the body in execution, after judgement had against the principal in discharge of his sureties. M 9 Jac: Rot: 2739. H 10. J. Rot: 3241. H. 22. I Rot. 2429 Error brought.  T 20. Eliz. Rot. 125. Between Younger and Tompson. Afterwards to wit such a day An. etc. came here into the Court W. T. in his proper person and aswell for his own proper indemnity as of his sureties aforesaid prayeth that he by the court here may be committed to the prison of the Lady the Queen of the Fleet by occasion of the judgement aforesaid there to stay until, etc. And L. and T. Manucaptors of the said W: of their Manucaptions and acknowledgement in this behalf made by the court here are fully discharged, etc. And afterwards Error was entered upon the Roll and the Record sent into the King's Bench, And after the end of the same it is entered as followeth, Afterwards, to wit, ter. die came here into the Court, the said W. by the Keeper of the Prison aforesaid to the Bar here brought; and saith that he ought not longer to be kept in the prison aforesaid, for that the same W. at his own request and not at the request of the said Plaintiff was committed to the Prison aforesaid, and for that cause prayeth that he may be dismissed at large from the prison v by the Court here, 
The Defendant is discharged out of Prison for that the Plaintiff prayed him not in execution.  And because the Justices here by due examination in this behalf made and that it sufficiently appeareth by the Record that the allegation of the said W. is true therefore the said W. by the Court here is dismissed from the prison aforesaid: And the said Keeper of the Prison aforesaid, by the said court here is discharged from the custody of the said W. etc.  
M 15. Jac. Rot. 2167. e Walter between Willby and Davenant in a Scire Facias against C. and B. Manucaptors in a Recognizance of 740 l. that the said Davenant should appear to an account of 330 l. at the Suit of the Plaintiff, 
Nota bien.  and allegeth that the Defendant appeared to an Original of 330 l. and that afterwards in Mich. 4. Jac. R. nunc, the said Davenant was condemned in the said 330 l. and in 80 s. for damages, and afterwards that the Plaintiff remitted 25 l. 6 s. 4 d pro ut, etc. the said Davenant hath not rendered his body in execution for the judgement aforesaid for 208 l, 13 s. 9 d. residue of the debt and Damages aforesaid in the same Court neither hath satisfied to the plaintiff for the residue of the debt and Damages aforesaid the Defendant Pleads that the Plaintiff ought not to have execution, etc. because he saith that after the Judgement aforesaid given, to wit the 23, day of January An. 14. abovesaid came here into the Court the same Davenant in his proper person, and then and there rendered his body to the prison of the Lord the King of the Fleet in execution for the said 208 l, 13 s. 4 d, residue of the debt and damages aforesaid against the said Davenant in Form aforesaid Recorded, and in discharge of the said several Recognizances by the several Manucaptors acknowledged, And that the said Plaintiff then and there altogether refused to receive or Charge the said Davenant in Execution for the said 208 l. 13 s. 4 d. And this they are ready to verify, etc. the Plaintiff protesting saith that he never refused, etc. And for that he did not render his body pro ut, etc. issue per Pais, And it was moved by Serjeant A. that the same aught to be tried by the record and not by the county. See Easter 6. H. 8. Rot. 432. And in this case divers precedents were showed as well of Ancient as of modern times M. Easter 12, H. 8 Rot. 324. and Easter 29. Eliz. Rot. 651. T. 12 H. 8. Rot 331. Easter 6. Ja. Rot. 105. such rendering their bodis in execution in discharge of their Manucaptors, but note that there is no tender but to discharge the bail. See M. 27. ort. 37. Eli. Rot. etc. Trin. 16. ja. Rot. 786. tender of the body in execution to discharge the bail.  
P 14. ja. Rot, 2175. W. against B. who tendered himself in execution in discharge of his sureties the Plaintiff prays him in execution, and the Court will advise themselves of such commitment; for that a writ of Error was brought and the Record with the Recognizance certified away; but at length he was committed in execution, notwithstanding the writ of Error in discharge of his Sureties.  
H 9 H. 5. Rot. 461. Henster Bristol ss. 
Extent upon a Statute-merchant by an Executor.  It was commanded the sheriff that he should take the body of W. C. late Burgess and merchant of the Town of Bristol if, etc. And in the prison of the Lord the King safe, etc. until he shall have fully satisfied unto R. Scot and William Scot executors of the testament of john B. late Burgess of the Town of Bristol of 120 l. which the said W. Coombe the third day of April An. R. Rich, post conques. se. 5. before W. C. then Mayor of the City of B. and I, W. then Clerk deputed to take Recognizances of debts at B. acknowledged himself to owe to the said I. B. And which they ought to have paid him at the Feast of the apostles Philip and Jacob then next, and the same to him as yet, etc. and in as much, etc. he should make known to the Justices here at this day to wit in Oct. Pur, beat. Mariae, etc. And now came the said Thomas Stanford on the behalf of the said executors: And the said W. Combe came not and the sheriff returneth that he is dead, and hereupon the said Thomas Stanford prayeth a Writ thereof by the statute, etc. and because the Justices here are not yet advised whether they ought to grant that Writ at the petition of the said Thomas in this case, or not, 
2 R. 3 f 8 Pl. 16. P. 2 Eliz. Dyer f. 180. Pl. 49 H. 18 E. f. 10. Pl. 35. against this Sci: fa●.  day therein is given to the said Executors by the said Thomas here until 15. Pas. At which day here the said Thomas Stanford and T. B, and I, B. who answer for the said Executors as their attorneys by writ of the Lord the closed directed to the Justices here & to them delivered and pray a writ by the statute. And because the Justices here are not yet advised whether that writ ought to be granted at the petition of the said attorneys, 
Dyer f. 180. 49. e coner. quaere.  in this case or not, day is given therein to the said Executors by their attorneys here until in Octo. S. Trin. At which day here came the same Executors by the said Thomas Stanford their attorney and they bring here into Court the statute aforesaid and also the letters Testamentary of the said Io. Barstable, by which it sufficiently appeareth to the Court here the said Robert and William to be the Executors of the Testament of the said I. B. and thereof to have the administrations, etc. and pray thereof a writ by the statute, etc. and to them it is granted retorneable here A die S. Mich. in un. Mensem, etc. and in as much, etc. the sheriff should make known here at the same Term, etc. before which day the Plaintiff aforesaid remaineth without day, for that the Lord Hen. late King of England the 5, after the conquest died, afterwards to wit in the Term of S. Hil. An. 1. Hen. 6. now King of England after the conquest, namely the same W. Scot executor. by the same Thomas Sanford his attorney, and for that the same W. S. coexecutor with the said W. of the testament aforesaid is dead, prayeth a Writ by the statute, etc. and it granted to him retornabl here tres Pas. and in as much, etc. the sheriff should make appears here at the same Term, etc. at which day here came the said W. Scot executor, &c, by his attorney aforesaid, and the sheriff sent not the writ, 
P. 12. Jac: Rot: 448. entry of a Sci: fac: by the Administrator during the minority of the Executor to have execution against the Conusor, where the Conusce died before the Cap. returnable in the Common Bench.  etc. and as before prayeth a writ thereof by the statute, etc. and it is granted to him retornable here 15. Mich, and in as much, etc. the Sheriff should make known here at the same Term, at which day came the said W. Scot executor, etc. by his attorney aforesaid and the sheriff sent not the writ, etc. therefore as more times let another writ thereof be made to him by the statute, etc. retornable here Men. Pas. and so it is continued until 15, Mich. at which day came the said W. Scot executor, etc. by his attorney aforesaid, and the sheriff sent here a certain extent before him taken at B. upon Thursday in Cr. S. Mich. Arch. An. 2, H. 6. Post conq. by virtue of a certain Writ of the Lord the King, directed to the same Sheriff by the oath of 12, etc. who say upon their oaths that the said W, Combe had and held to him and his heirs coming of his body, the day of the acknowledgement of the debt aforesaid 2. gardens with their appurtenances in the Suburbs of B, in Pylestreet, and six tenements with their appurtenances in the Suburbs aforesaid in S. which said gardens and tenements M, B, of Bristol now holdeth, 
Extent returned.  and are clearly worth, by the year besides repairs 34 s. and also saith that the said W. Combe had and held to him and his heirs coming of his body, the same day of the acknowledgement of the debt aforesaid, and afterwards 12 s. rend of Assize, issuing out of one tenement in the Suburbs aforesaid in Tonkerstreet, which A. D. late held, which said rend I. D. now holdeth, And also saith that the said W. Combe had and held to him and his heirs, coming of his body the same day of the acknowledgement of the debt aforesaid, & afterwards, 5. shops with their appurtenances situate, etc. which the said W. Combe afterwards gave and granted to T. B. Knight his heirs and assigns for ever which are clearly worth by the year besides reprizes 40 s, and also &c. which all and singular messages lands, Tenements, shops, Sellers, Gardens and Rents above recited, one N. V Vicar of the Church of Saint Mary of R. W. M. and others, gave and granted long before the acknowledgement of the Debt aforesaid to the said W. Combe, to hold to him and his heirs of his body coming for ever, by virtue of which gift, the said W. C. of all the aforesaid Mesnes, Lands, Tenements, Shops, Cellars, Gardens, and Rents, with the Appurtenances, were seized to him and his heirs of his body coming, by virtue of the gift aforesaid, the day of the acknowledgement of the debt aforesaid and afterwards. And further say, that the said W. Combe, had no other or more Lands, Tenements or Rents, goods or chattels within the County of Bristol, the day of the acknowledgement of the Debt aforesaid, or at any time afterwards which they could extend or appraise, as the same Writ requireth as the Jury aforesaid can inquire.   

Fieri Facias.  
T 16. Jac. rot. 3112. Brownlow. 
Testat. fi. fac. de bonis propriis after a Devastavit.  Entry of a Testat. fi. fac. of his proper goods, after a Devastav●t, between D. and B.  
MIch. 12. Jac. rot. 2216. Brownlow War. ss. 
Entry of a fieri facias where parcel of the money returned levied, and a fi. fac awarded for the residue.  It was commanded the Sheriff, that of the lands and Chattels of I. C. late etc. otherwise called, etc. in the Bailiwick of the same Sheriff, he should make as well a certain debt of thirty pounds, which W. K. in the Court of the Lord the King now, of the Common Bench here, to wit, at Westminster, in the County of Middlesex, recovered against him, as forty shillings which to the same W. in the said Court of the King here, were adjudged for his damages, which he had by occasion of detaining of that debt, and that he should have the monies here at this day, to wit, men's. Michaelis, to render to the said W. of the Debt and Damages aforesaid, whereof he is convicted. 
Return parcel of the debt and damages levied  And now here at this day came the said W. by A. L. his Attorney, and the Sheriff now returned, that he by virtue of that Writ, caused to be made eighty shillings of the Lands and Chattels of of the said I. parcel of the debt and damages aforesaid, which he had ready at the day and place aforesaid, as by the said Writ it was commanded to the same Sheriff, And that the said I. had no other nor more Lands or Chattels in his Bailiwick, whereof the residue of the Debt and Damages aforesaid, or any parcel thereof, he could by any means cause to be made, therefore it is commanded to the Sheriff of War. that of the Lands and Chattels of the said I. in the Bayliwick of the same Sheriff, 
A fi. fac. awarded for the residue.  he make the residue of the Debt and Damages aforesaid, and that he should have the residue of the monies here, to wit in Cr●pur. to render to the same W. in form aforesaid, etc.  

Entry of a fieri facias where the Sheriff returned Nihil habet, and a fieri facias awarded to the Ordinary De bonis ecclesiasticis. M 11 Jac, rot: 189. H. 26 Jac: rot: 3031 M. 14 H 6 rot: 124.  T 19 Jac. rot. 1020. Brownlow, Norff. ss. It was commanded the Sheiff, that of the Lands and Chattels of Edward Mundy late of H. in the County aforesaid Clark, otherwise called, etc. in your Bailiwick he should make as well a certain debt of a hundred pounds, which Thomas C. in the Court of the King here recovered against him, as ninety shillings which were adjudged for his damages, which he had by occasion of the detaining of the said debt, and that he should have those moneys here at this day, to wit, Tres Trin, to render to the said T. for his debt and damages aforesaid, whereof he is convicted.  
And now here at this day came the said Thomas by M. P. his Attorney, and the Sheriff, to wit, E. G. Knight, now returneth, that the said E. is a Clerk and beneficed at L. in the Diocese of Norwich, having neither goods nor chattels of Lay fee in his Bailiwick, whereof the debt and Damages aforesaid or any parcel thereof he could cause to be made, Therefore it is commanded to the Reverend Father in Christ, John by Divine Providence Bishop of Norwich, and Ordinary of that place, that of the goods Ecclesiastical of the said Edward within his Diocese, he cause to be made the Debt and Damages aforesaid, and that he have those monies here in Octob. S. Mich. to render to the said T. for his debt and damages aforesaid, etc.  

Entry of a Writ of fieri facias de bonis testatoris the Sheriff returned that the parcel of the debt is levied De bonis testat. and as to the residue, that the Executor had wasted etc. and that he had made the damages De bonis propriis and execution awarded, De bonis propriis, for the goods wasted.  PAsch. 12. Jac. rot. 2167, Norff ss. It was commanded the Sheriff, that of the goods and chattels which were of I. B. late called I. B. of W. in the County of N. Yeoman, in the hands of Joan B. of F. in the County aforesaid Widow, Executrix of the Testament of the same John in your Bailiwick, he should cause to be made as well a certain debt of an hundred pounds, which F D. in the Court of the King here, to wit, at Westminster, recovered against him, as two pound six shillings eight pence which to the same F. in the same Court of the King here were adjudged for his Damages, which he had by occasion of detaining of that Debt, if the same Joan had so much Goods and Chattels which were of the said John at the time of his Death in her hands to be administered, and if she had not, than the damages aforesaid of the proper goods and chattels of the same joan to be levied, and that he should have those monies here at this day, to wit, 15 Pasch. to render to the same F. for his debt and Damages aforesaid whereof he is convicted. And now here at this day came the same Francis B. by S. L. his Attorney, and the Sheriff, to wit, james Calthrop Knight, now returneth, that after the death of the same I. B. and before the coming of the said Writ, the goods and chattels which were of the said I at the time of his death, to the value of fifty eight pounds four shillings and two pence, came to the hands of the same Joan after the death of the same I. B. to be administered, of which said goods and chattels twenty seven pounds eight shillings and two pence of the debt aforesaid he caused to be made according to the Exigency of the same Writ, 
Devasta vit.  and that the same Joan before the coming of the said Writ, wasted the residue of the goods and chattels aforesaid, and converted to her own use, so that the residue of the said Debt or Damages aforesaid of the same goods or chattels he could not cause to be made, but that of the proper goods and chattels of the same Joan by virtue of the Writ aforesaid, he cause to be made the Damages aforesaid and those moneys, together with the twenty seven pounds eight shillings and two pence, of the goods and chattels of the said John, as aforesaid levied, before the Justices here at this day, to render to the same Francis according to the Exigency of that Writ he had ready, 
T. 14. H. 6. rot. 318. A Devastavit returned and thereupon an Elegit is awarded.  as by the same Writ to him it was commanded, etc. Therefore it is considered that the same Francis have Execution against the same Joan for the residue of the said fifty eight pounds four shillings two pence, by the same Joan as aforesaid wasted, of the proper goods and chattels of the same Joan, etc.  
H 19 H 6 rot. 134 Brownlow London ss. 

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

Entry of a F●● fac● for damages in replevin, the Sheriff returneth fieri fecit, and bringeth not the money into Co●u●, nor paid it to the party; A Sci: fac: is awarded to the Coroners against the Sheriff, because the Plaintiff cannot have an execution against him for the moni●● by him levied in form aforesaid.  T 19 Jac Rot. 3313. Brownlow Buck. ss. It was commanded the sheriff that of the Lands and Chattles of Anthony Chester Baron. in his Bayliwick he should cause to be made 16 l. pound which to Wil Carpenter Gent. in the Court of the Lord the King here were adjudged for his damages which he sustained by occasion of the taking and unjustly detaining of the goods and chattles of the said W. by the same Anthony and T, in a certain place called Ozier Cob otherwise the Osier Holm in the County aforesaid, and that he should have those moneys here to wit in Cro, S. Trin. to render to the said William for his debt and damages whereof he is convicted, And now here at this day came the said William by T. S. his attorney and the sheriff to wit H. Lee Knight and Baronet now here returneth, that by virtue of the said writ to him directed, of the goods and Chattles of the said Anthony in his Bayliwick he causeth to be made those monies which said moneys, he hath here ready at the same day, As by the said writ it was commanded him, etc. And because the same sheriff the moneys aforesaid here at this day hath not ready to render to the said William for his damagas aforesaid in Form as aforesaid according to the command of that Writ, 
Sc●: fac: awarded ●oron. against the Sheriff.  to him in Form aforesaid directed nor hath hitherto paid the damages aforesaid to the said William, nor otherwise contented. Therefore the same sheriff to wit the same Henry Lee in mercy and is Fined by the Justices here at 40 s. And it is commanded to the Coroners of the county aforesaid that by honest, etc. they make known to the said Henry Lee sheriff of the County aforesaid that he be here in Cro. Anim. to show if any thing, etc. wherefore the same William execution against them f●r the said 16 l. by the said Henry in Form aforesaid levied ought not to have of the proper goodslands and Chattles of the same Henry if, etc.  
IN this Case I conceive a doubt, 
Nota & quere for the Precedents are dubious.  in what County this Scire fac. aught to issue, whether out of the County where the return of the Fi. fac. was made, to wit, in the county of Buch. or in the County where the record of the return of the Fi. Fac. remaineth to wit in the County of. M And Justice I then Sergeant and counsel with the pla. and Brownlow Prothonotary agree that it ought to be awarded in the county where the action lieth and so it was made, 
H: 16. Jac: rot: 2255. the like Sci: fac:  and afterwards the matter was agreed 9 E. 4. fo. 50. Br. Sci, Fac. 134. A, Sci. Fac. issued to the new sheriff, by which it appeared that the Sci. Fac. issued in the county where the return was made, And Br. return the Brief 55. See H. 9 E. 4. Rot. 349. A. distringas nuper vic. to render the moneys by him levied awarded, But by the said book of 9 E. 4. fo. 50. it appeareth by Littleton that the Justices are advised upon the return of the Fi. feci to award a Sci. fac. and not a Distringas, because upon the Distringas petit. issues are returned, whereby the Plaintiff is a long time delayed.  
M 13. H, 7. Rot. 307. 
Foringer of an attorney.  Midd. ss. Be it remembered that the 8 day of November that same Term, one Rowland Brigg one of the attorneys of the Bench here present here in Court, was solemnly called by the Court here to appear and answer unto certain matters, Offences, objections, and impositions, by him done as it is said and against him in the Court here imposed and objected, Therefore the said R, for his contumacy is forejudged from exercising his office of an attorney of this Court until, etc.  


An attorney for judged the Court for forgery of a writ & committed & sent to the cour●s of the Queen the Exchequer and her Court to be looked upon.  
For judged of the Clerk of the Jurat. for non attendance in his Office.   H 31. Eliz. Rot. 1720. A special entry of the imprisonment and Forejudging of an attorney of the Common Bench for Forging of a Supers. de non molestando. And note that he was committed to the Fleet, and sworn that he would not afterwards prosecute as an attorney of the same court and was put out of the Bar of the same Court, and sent by the Warden of the Fleet, and sent up to the Queen's Court to be looked upon there and afterwards in the Court of the Exchequer to be looked upon there.  
M 9 Edw. 4. Rot. 328. Copleg. Be it Remembered that john Cheker, who was admitted to the Office of Clerk of the Jurat. and writs of Dedimus potestatem of this Court, and was sworn well and faithfully to exercise and occupy the same, to which said Office aforesaid of the said john doth belong to receive Writs of Dedimus Potestatem of acknowledgement of Fines levied, to make writs of Nisi Prius and other Jurats out of the Court issuing, from the exercise and attendance of the same Office for a long time hath withdrawn and absented himself without the licence of the chief Clerk of the Lord the King of the common Bench here, to whom the gift of the same Office belongeth, And without the licence of Rob. Dierby chief Justice of the Court here, So that the same Office by the same Io. or any clerk for him or in his name, remained a long time undone and unoccupyed, to the prejudice of divers Liege People of the Lord the King and delay of their Suits, Whereupon upon the complaints of divers of the same Liege people who intent to prosecute such writs of Nisi Prius and other Jurats, & intending to deliver writs of Dedi. Potestatem and acknowledgement of Fines here in Court, And not having such clerk ready in Court who should receive and make such writs and Jurats, upon the 20. day of October this Term, it is besought, aswell by Peter Stainford who had occupied that Office for the same john in the life time of john Quick Deputy of the said john at divers times at the entreaty of the said john Quick in his absence, as his clerk in other precedent Terms by the licence of the chief justice here, As also by Thomas Thorold under Keeper of the Writs and Rolls of the Lord the King of this Court, that if they or either of them, to the same Office for the same Io. Cheker and in his name would attend, and the writs and Records due to be made in that Office for the same john and in his name he or they would Receive write and do who said severally, that not, By which the same john the same day of Friday in the morrow of the same day was solemnly called to exercise the Office aforesaid, and appeared not, whereupon he by the consideration of the said Court here is removed from his said Office and William Snayth at the nomination of the said chief clerk here in the Court, faithfully to extrcise and occupy that Office on the same morrow was admitted and sworn to have and hold that Office as the Philizers, Exegenters and other officers of our Lord the King here hold and occupy their offices.  
M 22. jac. Rot. 436. Brownlow, 
Foringden of a Crier of the Court for his non attendance upon the Court, nor any cause shown to the Court for his absence. T. 15 E: 4. f: 26. T: 15 E: 4 f. 7. P. 6. Ca●: Rot: 1314. Admission of a Crier upon the surrender of Hyliard.  Be it remembered that George Baker one of the Criers of this court, who to the office of one of the Criers of their Court, was before sworn and admitted well and faithfuly to exercise and occupy the same, To whose office it appertaineth to attend every Law day in court here in his proper person and to do in the Court those things which belong to the Office of a Crier of this Court to be done, three several days to wit, 19 of November 20. November and 22. of November this term, in full Court being solemnly called to attend his office of Crier aforesaid as of right he ought to have done, came not, but himself from his Office aforesaid, the same three days & by the space of 5. years last passed & more without the licence of the court here absented and withdrew himself, no cause of his absence to the Court here by any on the behalf of the said Georg being shown, Therefore the same Georg by the consideration of the court here is removed from further exercising of his Office of Cryer here, And Robert Hylyard at the nomination and presentation of Walter Zankey Esquire to whom the gift of the Office aforesaid belongeth faithfully to exercise and occupy that Office the 24. day of November this term by the Court here is admitted and sworn to have exercise and occupy the office aforesaid as the other Criers of the court here have and occupy their Offices, etc.  
H 31. Eliz. Rot. 1720, Be it remembered that the 27. 
Attorney of the Common Bench, for that he forged a Writ of Sup. de non molestando, upon an Utlary where no Writ of Error was sued out of the Chancery for warrant the same. And the party outlawed thereupon was delivered out of prison, was committed to the Fleet. And because he could not gainsay, but confessed the same, that he had forged the same Writ, it was awarded that he should not intermeddle more in the Office of an attorney, but should lose his privilege of the same: and that his name should be taken out of the attorneys Roll, and that he should be forjudged the Court, and thrown over the bar, and fined at 5 l. and should be sent to the several Courts to be inspected, and was sworn thereunto, and after he was shorn he was thrown over the bar.  day of January that same term came here in court one Richard Hillington one of the Attorneys of the Court here in his proper person, and for that he by the Tie of his Oath in his office of attorney made, the falsehood, if he shall understand any in the Court here to be done or perpetrated, is bound with that speed which is convenient, to reveal and certify to the Court here, gave to the Court here to understand that E.G. one of the attorneys of the Bench here, in the exercise of his Office of an Attorney to the scandal of the Court here, and in falsity and deceit of the same Court behaved himself and Fradulently, For that to wit whereas certain john Vernon and Richard Carter lately in the Court of the Lady the Queen now of the common Bench here have impleaded Ric. Michael. late of M. in the County of S. Yeamon W. M. late, etc. And john M. late, etc. in a plea of Debt, and the same R. W. and I. O. for that they came not before the Justices of the said Lady the Queen of the Bench here to answer the said Io. Vernon and R. Carter therein, they were put in Exigent in the County of the City of the said Lady the Queen at Oxford to be utlawed, and upon that occasion were afterwards utlawed, And afterwards the same Io. Michael by virtue of a certain Writ of the Lady the Queen of Capias Vtlagat upon the utlawry aforesaid to the sheriff of of Surry in this behalf taken and in prison of the said Lady the Queen and under the custody of the said Sheriff was detained, the same Edward Osbulston not having the fear of God before his eyes nor his oath that he should not do any falsehood in the same Court, fearing, a certain false Writ, under the name of the Lady the Queen, caused to be written made & counterfeited the tenor whereof Followeth in these words Elizabeth, etc. reciting the Superses, de non molest. T. Edmund Anderson of Westminster the 28. day of Nou. An. etc. 31. whereas no Writ of Error out of the Chancery of the said Lady the Queen to the same Edmond Anderson was directed by the same Edw. Osbalston or any other person for the same R. M. W. M. and I. M. upon the utlawry aforesaid was ever prosecuted, as by due Search in this behalf made to the Court here plainly appeareth, Notwithstanding the same Edward Osbalstone the said false and forged writ afterwards with the seal to seal writs in the court here caused to be sealed, And the same to the said sheriff of Surry to wit to Richard Brown Esq. as a true writ delivered by colour or which said false and forged writ the same sheriff delivered the same Io. Michael out of prison aforesaid, to the great scandal of the Laws of the Lady the Queen now and the deceit of the said Queen and of the Court here, and great delay of the said Io. Vernon and Richard Carter in their suit aforesaid whereupon the said Ed. O. being present here in Court and by the court here examined, whether he made the said false writ in Form v, or not saith that he cannot gainsay but that he made the said false writ in form as aforesaid as is above alleged, & hereupon the same Edward O. is committed to the Prison of the said Lady the Queen of the Fleet there to stay until, etc. and afterwareds to wit the 30. day of Jan. that same Term came there in Court the same Ed. O. in his proper person under the custody of the Warden of the prison of the Fleet brought and being asked how he would excuse himself of the premises, saith that he cannot gainsay but that he is guilty of the premises aforesaid as it is above alleged against him, and therein puts himself upon the favour of the Court here, whereupon for that it seemeth to the Court here, that the said Ed. Osbalston the said false Writ, not only out of negligence but out of malice voluntary fraud and falsehood caused to be written and made; therefore it is considered that the same Edw. in his Office of attorney in the Court here from henceforth shall not intermeddle but shall lose all his Privileges therein, & that his name shall presenty be taken quite from the attorneys and that he from the Court here before judged and put out of the Bar of the Court Roll here, and that he make a Fine with the Lady the Queen for his falsehood aforesaid at C. and also that afterwards the same Edward after he is put out of the bar here, shall be led by the warden of the Fleet through the hall here into the Court of the said Lady the Queen to hold Pleas before the said Lady the Queen commonly called the King's Bench that the Justices of the said Lady the Queen there having notice of the falsehood of the said Edward before by the command of the Court here, might command the same Edward in as much as the same Edward, etc. in nullo sed intromittas, And immediately is brought back from the same Court through the hall there by the same Warden of the Fleet into the Exchequer of the said Lady the Queen before the Barons there that the same Barons likewise taking notice of his falsehood, &c, in that Court, 
T: 20 H: 6. f: 37 Pl. 6. br. attorney 70.  in nullo se intromittat, etc. And further the same Edward by the command of the Justces here took his Corporal oath in these words, This hear you Justices that I. E. Osbaston late one of the Attorneys of this Court, having my name by you, for divers my misdemeanours by me committed in the exercise of my said Office, justly drawn out of the Roll of Attorneys, And forejudged this Court from the exercise of the same Office shall not from henceforth directly or indirectly, as an attorney pursue defend, or otherwise intromit in any action, suit or Cause, in this court here or in any other of the Queen's Majesty's Courts at Westminster so help me God, and the contents of this book, whereupon the same Edw. to the terror and example of others in the like case offending by the criers of the same Court was put out of the Court here beyond the Bar, etc.  
P 7. H. 7 Rot. 1. 34. In the King's Bench Angl. ss. 
Forindger of a Philizer of the King's be●●h, no attending his Office in person.  Be it remembered that it seemeth to the Court of the Kings here before the same King and it is plainly known to the same Court that Philip Wharton otherwise called Philipp Wharton who is possessed of an Office of the Filizer of writs of the same Court of the Counties of Cornwell, Glos. hereof the town of Glou. and the town of Bristol and for 6. years and more last passed was possessed, that Office within the space of two years, and divers Terms before hath not personally occupied as he of right and according to the custom of the Court aforesaid aught; and for that the same Philip in the Term and Years aforesaid was not vexed with any such disease or infirmity, but that he might fitly in person attend the Office. And the same Court of the Lord the King here by diligent examination in that behalf had, manifestly appeareth, And also for that the same Philip was often times admonished by the said Court of the said Lord the King according to the custom of the said Court personally to attend that office, and never offered himself nor offers to exercise and occupy the same office, but himself from personal exercising of that office by a long time now elapsed, being in no wise licenced, hath absented himself. Therefore by the advice of the whole Court of the Lord the King aforesaid, the same Philip divers days and times in the same Term and other Terms past being solemnly called according to the custom of that Court personally to exercise and occupey that office, appeared not, & that the said office for default of the said P. remaineth in nothing executed & observed for which it is considered in the same Court that the same Philip from the said Office and from further exercising and occupying of the same from henceforth forever be forejudged, which said default upon him by the Court here at the end of the same Term to wit the fourth day of the Plea de 15. S. joh. Bapt. which said fourth day that Court until the 8. S. Mich. next following is adjourned, is Recorded, etc. see in the title Commitment an ordinance made 35. Hen. 6.  

Fine quashed upon the examination and inspection of the Infant, by him acknowledged upon dedimus potestatem, which was not admitted to be recorded.  P 4. ja. Rot. 1409. Brownlow Derb. ss. Be it remembered that the 29. day of May that same Term it seemed to the Court here aswel by the inspection and view of the body of J. Zouch the younger, Esq. then present here in Court in his proper person as by the examination of divers faithful witnesses then and there examined upon their oath, and other lawful Proofs in that behalf in the Court here made that the same john who otherwise to wit the second day of August Ano. 3. R. nunc, before james Story Lon. and Robert Cotton Esquires by virtue of a certain writ of the Lord the King de Dedmi. Potestatem to them and certain Thomas Hutchison and Robert Smith Esquries directed, to give power to three or two of them to take the acknowledgement which the same john before the said I. S. K. C. T. H. and R. S. three or two of them would make, upon which said writ of covenant depending before the Justices of the said Lord the King of the Common Bench between certain Tho. Fortesceu Esq. and Io. Slany, and the same Io. Zouch of the Manor of Alfreton all. Awfreton with the appurt. and of 120. Mes. 100 Cottages 500 tofts 4 Mills, etc. with the appurt. in A. otherwse. A.S. otherwise S. S. otherwise S. etc. And also of the profits of the markets and Fairs and Toll in A. otherwise A. in the same County of Derb. acknowledged the Manor Tenements, Rents, and Profits aforesaid to be the right of the same Thom. and the same remised and quit claimed from him and his heirs to the same Thomas and john Slany, and the Heirs of the same Thomas for ever, at the time of that acknowledgement upon th● writ aforesaid, was and yet is within the age of one and twenty years Therefore it is considered by the court here _____ of May that same Term that the acknowledgement aforesaid by the same Io. Zouche before I. S. and Rob. Cotton made is void and of no Force in Law, and that as well the said Writ of Covenant as the said writ of Dedimus Potestatem are quashed and anulled, and in the Files of the writs of this Court are not to be received or Filled, nor that any record be made thereof in the court here.   

Brev. de Gardiano admittendo.  
H 10. J. Rot. 2002. Brownlow ss. 

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

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

Entry of a Writ of Hab: corp: upon privilege with the recognizance.  H 12. jac. Rot. 2271. It was commanded the Mayor Aldermen and sheriffs of London and every of them, whereas it was showed to the Lord the King now on the behalf of Peter Furb, that whereas he, and every liege man of the Lord the King, in coming to the Court of the said Lord the King of common Bench here to wit at Westminster, to prosecute or defend any plea or writ there, aught to be under the protection of the said Lord the King, and customs according to the Liberties and Privileges of the same Court from the time whereof the memory of man is not extant used and approved in the same, 
'Cause of privileges.  Notwithstanding some malevolent endeavouring much to prejudice the same Peter, the same Pet. after he came to the Court here, to consult with his Council and attorney to have their advice in a certain plea of debt upon demand of 30 l. prosecuted by the same P. in the said Court of the Lord the King against one James Robinson, whereupon the parties aforesaid pleaded to issue of the Country to be tried in London, to be arrested by the ministers of the said Mayor Aldermen and Sheriffs, and in the Prison of the Lord the King, under the custody of the said Mayor Aldermen and Sheriffs, procured to be detained, unjustly to the imoderate damage and grievance of the said Peter, and against the liberties and Privileges aforesaid, whereupon he supplicated to the Lord the King to exhibet to him a remedy, the said Lord the King willing to do to the same P. in that behalf which was just and consonant to reason, and inviolably to observe the liberties and privileges aforesaid, That if the same Peter should be detained in the prison aforesaid under the custody aforesaid, Then the same Peter by whatsoever name reputed together with the day and cause of his taking and detaining, they should have, or one of them should have before H. Hobert Knight and Baronet Chief Justice of the said Lord the King of the common bench at his chamber Scituate in Lincoln's Inn in the county of Midd. immediately after the receipt of the said Writ, 
Hab: corp: rem. immediately before the Chief.  that the same chief Justice of the Lord the King, seeing the cause aforesaid, should do in that behalf, what of right and according to the law and custom of the Lord the King of England, and the liberties and privileges aforesaid should be done, and that they should have then there that writ, Afterwards to wit the 24. I that same Term the chief Justice delivered here in Court with his own hands the writ aforesaid directed to the said Mayor Aldermen & sheriffs in Form aforesaid, 
The writ delivered in Cou t. The party comes in his proper person. Return the causes.  And before the said chief Justice by the same Mayor Aldermen and sheriffs the 10th, day of Jan. last passed returned and executed, and the same chief Justice hath certified here in court that then and there before the said Chief Justice at his chamber aforesaid came the said P. in his proper person under the custody of the said sheriffs, and Martin L. and P. P. Sheriffs of the City aforesaid now return that before the coming of the said writ the 15th day of Dec. An. R. etc. 12. The same Peter was taken in the City aforesaid, and detained in the prison of the said Lord the King under the custody of the said Sheriffs by virtue of a complaint levied against him the same day and year, in the Court of the Lord the King held before the same M. L. by the name of Peter Furbusher Gent. at the suit of H. R. in a plea of Trespass, 
1 Cause in a plea of Trespass Damages 40 l.  to the Damages of forty pounds, the said Peter was also detained by virtue of a complaint against him 20 Ja. praed. levaet. in the Court of the said Lord the King, held before the said Martin Limny by the name of P. F. at the suit of Alexander Ratcliff, in a plea of Debt upon demand of sixty pounds, 
2 Cause in debt for 60 l.  (and so recite all the causes) whereof the parties aforesaid have pleaded, and so depend undetermined, and that these were the causes of taking and detaining of the said Peter in the prison aforesaid, whose body they have ready, as by the said Writ to them it is commanded, etc. whereupon the premises being seen, and by the said chief Justice then and there fully examined and understood, 
The party and She iffs are discharged.  it seemed to the said chief Justice, that the said P. aught then and there to enjoy the liberties and privileges aforesaid, whereupon the same Peter was then and there dismissed from the custody of the said Sheriffs by the said chief Justice, 
Vpona foreign Attachment accordingly, 1 H 15 El●●t 588  and the same Sheriffs then and there were discharged by the same chief Justice from his custody, and hereupon the same P. and R. H. of Stepney, etc. and I.B. of the same, Dyer, undertook, and every of them did undertake, 

M●ch. 8 and 9 El. rot. 329. Entry of a privilege for divers causes, and the bail entered severally and there rot. 1754.  
Recognizance to appear to Writs or Actions to be brought.  
Note that in this case, the Original aught to be brought the next Term ensuing, but in a reversal the plaintiff hath liberty of two Terms to bring his Writ.   to wit the same P. in the sum of one hundred and twenty pounds, and the same R. and I. severally in the sum of sixty pounds at the suit of Alexander Ratcliff, and Sic de ceteris, etc. That the said P. should appear here in Court, in his proper person, or by his sufficient Attorney in Law, and answer to the several Actions or Writs of the same H.R. etc. against the same P. of and upon the several pleas aforesaid, before 15 Pasch. then next coming, to be brought and prosecuted here in Court, and also if it shall happen judgement after the appearance of the said P. here in Court made in the same pleas for the same H. and A. and against the said P to be given, to satisfy the same H. etc. of their Damages, and the said Alexander of his Debt and Damages for the same H. etc. and A. against the same Peter in the same Court here to be recovered, or adjudged in the pleas aforesaid, or that the same P. render himself to the prison of the Fleet of the Lord the King for those occasions, which said several sums by the said Manucaptors in form aforesaid acknowledged, the same Manucaptors acknowledge to be made of their Lands and Chattels, and which said several sums by the same P in form aforesaid acknowledged, the said Peter acknowledgeth to be made of his Lands and Chattels and to be levied, to the use and behoof of the said H. and A. in form aforesaid, if it happen the same P. make Default in any of the premises, and in lawful manner to be convinced thereof, Brownlow.  
T 41 Eliz. rot. 1229. ss. That the said R shall appear here in Court in his proper person, or by his sufficient Attorney in Law, to the Action or Writ of the said A, against the said R. of and upon the cause aforesaid, before such a day, to be brought and prosecuted in Court here and to answer to the said A. in the plea aforesaid, and also if it happen, etc.  

Entry of a privilege returnable immediate in bank.  H 12 Jac. rot. 2262. Brownlow, As before in the precedent for P.F. until, or one of them should have, before the Justices of the Lord the King here, to wit at Westminster, immediately after the receipt of the said Writ, that the same Justices of the said Lord the King, seeing the cause aforesaid, etc. until the end of the Writ. Afterwards, to wit, the ninth of February that same Term, came here into Court the same Michael in his own person, under the custody of the Bailiff of the Marshal and Judges, etc. And recite the Return of the Writ, whereupon the premises being seen, and by the Justices here fully examined and understood, it seemeth to the said Justices here, that the said M at present aught to enjoy the liberties and privileges aforesaid, and so as in the precedent before.  

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

Special Amerciament of the Sheriff. for not returning of a Writ of Habeas corpus in debt, after three a●e s given him to do it.  T 2 Car. Regis Rot. 841. Brownlow, Berks. ss. John B. Sheriff of the County aforesaid, for that he in Easter Term last passed, at the several days that same Term, by the Court of the Lord the King here to him given, as in the bill of pleas this Term it doth appear, hath not returned to the Court here a certain Writ of the said Lord the King of Habeas Corpus, issuing on: of the Court here, and to the same Sheriff directed and delivered to be executed, in form of Law, against one I W Esquire, at the suit of R. B. Esquire, in a plea of Debt of two hundred pounds returnable before the justices hear Quinque pas. last passed in mercy, etc. And he is fined by the said Justices here for the said four defaults at twenty five pounds, etc.  
H 43. Eliz. Rot 451. 
Prisoner in the Fleet brought to the bar by Hab corp. at the petition of an estranger, a who brought Writ in debt against him, and he is demanded by the Justices that he would appear to the said writ, who said he w●n du●● therefore process of Ou● law●y is awarded against him  ss. It was commanded to the Warden of the prison of the Fleet, that he should have here at this day, to wit, upon Saturday next after, Octob. S. Hillar. the body of W. A. Esquire, in the prison of the said Lady the Queen, under the custody of the said Warden detained, to do and receive what the Court of the Queen here shall consider of him, and now here at this day came here into the Court, H. T. by A.S. his Attorney, and brought here into Court, a certain Original Writ in Debt, upon demand of an hundred and twenty pounds directed to the Sheriffs of London, and before the Justices of the Lady the Queen here, returnable against the said Walter by the name of W A. Esquire, of Tomby in the County of Lincoln Esquire, and prayeth that the said Walter may appear to his said Writ, whereupon by the same Warden of the Prison aforesaid brought here to the bar, present in Court in his own proper person, being spoken to, saith, that he will not appear to the Writ, Therefore let process be made against the said Walter, upon the Original Writ aforesaid, etc.  
T 25 El. rot. 860. G against I.C. like Hab. corp. and such an Original and demand, who saith that he is not the same person against whom the said G. brought the said original writ and that he will not appear etc. Therefore let further process be made against the said I. C. late of L Gentleman, against whom the said Original Writ was brought upon the said Original, and the said I.C. who is now brought to the Bar, is sent back to the prison, under the custody of the Warden, for the occasion that he is therein detained, there to remain, etc.  
H 13 Jacorot. 588. Entry of a Capias ad respodend. and thereupon a Non inventus returned, and a Habeas Corpus to the Warden of the Fleet is awarded, received such a day, and then thus, and now here at this day came the said Defendant in his proper person, under the custody of the Warden aforesaid, brought to the Bar, who being demanded if he would appear to the said Writ or not, said that not, Therefore let process of Outlawry be made, etc.  
M 5. Jac. rot. 2254. Fleet ss. 
Entry of an Habeas corpus of a prisoner committed to be Fleet by the Commissioners in causes Ecclesiastical and his enlargement without bail.  It was commanded to the Warden that he should have here to wit at Westminster immediately after the receipt of this Writ, the body of Anthony Rooper Knight, in the prison aforesaid under his custody detained, by whatsoever name he is reputed, together with the day and cause of taking and detaining of the said Anthony, that the same Justices here viewing the cause, may cause to be done what of right and according to the Law and custom of the Realm of the Lord the King of England, 
The like for Langton, P. 8. Jac. rot. 819. The like for Melton there, rot. 1939. The like for Throckmorton, T. 8. Jac. rot. 1675. But they entered into a Recognizance of a 100 l. i● the Bench to appear from day to day. P. 9 Jac rot. 1510 P 8. Jac. rot. 1939.  aught to be done. And no where at this day, to wit, on Saturday next after Octab. Martini, that same term came the same A in his proper person, under the Custody of the same Warden brought here to the Bar, and the same Warden then returned, that before the coming of the Writ, to wit the ninth day of October last passed, the said A.R.M. rendered themselves to the prison aforesaid before committed by virtue of a certain Warrant, dated the thirtieth day of I last passed, which followeth in these words, These are in his Majesty's name straightly to charge you by virtue of his Highness' Commission for causes Ecclesiastical, under the great Seal of England, to us and others directed, That herewith you receive and take into your custody the body of Sir Anthony Rooper Knight, and him safely detain prisoner at this our Commandment, until we shall give you order for his enlargement, signifying unto you, That the cause of his commitment is for that there being a certain cause referred unto us by his Majesty's especial direction, betwixt him the said Sir A.R. and I.B. Vicar of B. for that he detaineth wrongfully from the said Vicar a certain yearly pension due unto him from the said Sir A. R, & being called before us, & after full hearing of the cause in the presence of the said Sir A. R. and of his Council three or four several times, and at last adjudged by us to pay the said pension, he having some time of deliberation given unto him, by us to consider thereof, hath notwithstanding obstinately disobey our said Order, and doth so still persist, and this shall be your Warrant in that behalf, given at Lambeth this thirtieth day of june 1607. And that this was the cause of taking and detaining of the said Anthony in the prison aforesaid, the body notwithstanding of the said A he hath now here ready, as by the said Writ it was commanded him, etc. whereupon the premises being seen, and by the Justices here fully examined and understood, 
Judgement by the Court.  it seemeth to the said Justices here, that the said cause of Commitment of the said A. to the prison of the Fleet aforesaid in the Return aforesaid, above specified, to be insufficient in Law to detain him the said A in the prison aforesaid, or to deprive the said A from his privilege of the Court of the Lord the King here, therefore the same Anthony is dismissed from the prison aforesaid by the Court here, and the same Warden is fully discharged by the Court here of such custody, etc.  
T 18 jac. rot. 3157. Brownlow, Entry of an Habeas corpus cum causa, for B the Sheriff returned, that he was detained by virtue of a certain Warrant, etc. And that he had brought his body, etc. Pro ut pro breve, etc. whereupon the said I is committed to the prison of the Lord the King of the Fleet, Ib. remans'. quousque, etc.  
M 9 and 10. Eliz. Rot. 1667. London, 
Nota.  one Thomas L. one of the Attorneys, etc. was committed to the Fleet upon a warrant from the High Commissioners, And one cause of his commitment was expressed in the warrant, and the Justices granted him a Writ of Privilege because he was an atorney with a Corpus cum causa, directed to the wardens of the Fleet, who returned the warrant in haec verba etc. wereupon his body being brought to the bar, he was allowed his privilege and discharged from prison.   

Inquiry.  
H 41. Eliz. Rot, 1119, Bark. ss. 

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

A djudged to the Justices at the assize to inquire of what issu●s the sheriff could answer.  T 9 lac. Rot. 3623. Brownlow, Wigor. ss. It was commanded the sheriff that he should distrain R. G. Knight late sheriff of the county aforesaid by all his Lands, etc. So that he should have here at this day to Wit in C S. Trinitatis the body of R. Y. late of C. in the county aforesaid Yomam which he took by the precept of the Lord the King now, And detaineth by him, as the said sheriff to the Justices of the said Lord the King here to wit at Westminster 15. Pas. An. R nunc Angl. 8. returned to answer to M. F. widow of a plea that he should render unto her 20 l. which to her he oweth and unjustly detaineth, etc. And to hear his judgement of more defaults, etc. And now here at this day came the said Mary by I. F. her attorney, and the sheriff now returneth, that the said R. G. is distrained, by his chattles to the value of 40 s. and bailed by I. D. and R. R Therefore they in mercy, 
Amercement that the sheriff can answer the King of greater Issues.  etc. And here upon it si testified in the court of the King here, on the behalf of the said Mary that the said now sheriff of greater issue to wit of 20 l, to the said Lord the King could answer therefore it is commanded to the Justices of the Lord the King assigned to take the assizes in the county of Worcest. that by the oath of honest and lawful men of the county aforesaid, in the presence of the said sheriff, if he will be present, 
Note that the statute saith die impetr. Br.  they diligently inquire, of what and how much issues, of the lands and Chattels of the said R. G. the said sheriff, might have answered to the said Lord the King, from the day of the receiving of the writ aforesaid until the said day of the return thereof, and the Inquisition which, &c, The same Justices make appear here in S Mich. by their letters Sealed, etc.  
M 13. Jac. Rot. 2096. Brownlow Wiltes. ss. It was commandethe Justices of the Lord the King at the assize in the County aforesaid, whereas the King had commanded the late sheriff of the county aforesaid as otherwise he had commanded him, that he should distrain W. Dutton Knight, late sheriff of the county aforesaid his predecessor, by all his lands and chattles in his Bayliwick, so that neither he nor any one for him, put their hands upon them, 

entry of a w●it to inquire de quantis exitiff etc.  
See the statute Westmi. 2.29. which granted this writ Hn. 13. E. 1.   until he shall have an other precept therein from the Lord the King, and that he should answer of the issues of them to the said Lord the King so that he should have before the Justices of the said Lord the King there to wit at Westminster in Cr. S. Trinitatis. last past, the body of R. G. late of, etc. otherwise called R. G. etc. which by the precept of the Lord the King he had lately taken, as Fr. Popham Knight late sheriff of the county aforesaid, predecessor of the sheriff now otherwise returned to the Justices of the Lord the King here to wit at Westminster aforesaid to answer to W. Mariat of a plea that he should render unto him 30 l. which, etc. And to hear his judgement of more defaults, &c at which day the said now sheriff to the Justices of the said Lord the King now here to wit at Westminster aforesaid, 
T. 18. Rot. 1674.  returneth that the said W. D. was distrained by his Chattels to the value of 66 s. and 8 d. where upon it was test fied in the Court of the King here, on the behalf of the said W. M. that the said sheriff of greater issues to wit of 20 l. might have answered, that by the oath of honest and lawful men of the county aforesaid in the presence of the said now sheriff if he will be present they should diligently inquire of what and how many issues of the lands and chattels of the said W. D, 
P. 12. H 6. Rot. 2 a ve fac awarded to the Corone●s to inquire de quantis exitibus  besides the said 66 s. 8 d. in his bailiwick the now sheriff could have answered to the Lord the King, etc. from the day of the receiving of the said Writ, until the same day of the return of the same, And the said Inquisition which, etc. the said Justices of assize should make appear here at this day to wit in 8. S. Mich. by their letters sealed and now here at this day came the said W. M. by Tho. P; his attorney and the said Justices of assize to wit Laurance Tanfeild Kni. Chief Baron of the Lord the King of his Exchequer and Henry Montague one of the Sergeants at law of the said Lord the King assigned to take the assize in the county afaresaid, 
The Justices of assizes ●●to●ne into the bench an ●●quisition taken by them.  now return here a certain Inquisition at new Salisbury in the county aforesaid the 19 day of I. last passed by virtue of the said writ by the oath of 12. etc. taken by which it is found that the said W. D. Kni. late sheriff of the county of the said Cr. S. Tri. last past and long before had divers lands and chattels in the county aforesaid whereof the said now sheriff to wit H. M. from the day of the receiving of the said writ of Distring. above mentioned until the return of the same, of twenty pounds in issues besides the 66 s. and 8. d. above, might have answered to the said Lord the King to wit at L. in the county aforesaid, Therefore it is considered that the said H. L. for his concealment in this behalf in gui. Sit. Mia. of the Lord the King, And that he answer the Lord the King of the said 20 l. whereof he, besides the said 66 s. 8 d. of the lands and chattels of the said W. D. as aforesaid could have answered, according to the Form of the statute in this case provided, etc. statute 13. E. 1. Cap. 39  

A W●it to inquire of damages awarded de novo, where the Sheriff returned that he could not execute the old Writ, for that some of the jurors refused to take their Oath, and a Capias awarded against them for contempt. Capias awarde●.  P 20. H. 8. Rot. 461. At which day here came the said Plaintiff by his attorney aforesaid, and the sheriff to wit W, P. Knight now returneth that he such a day and year last passed caused to come before him at L. in the County aforesaid A. B. C. D. and others, to inquire of and upon the premises which said C. D. their corporal oath of and upon the premises to perform or swear, altogether refused and denied, in manifest contempt of the Lord the King now and the laws of his Kingdom, So that execution of the said Writ he could not then do, Therefore as before the sheriff was commanded that by the oath of honest and lawful men of the county aforesaid he diligently inquire what damages the said plaintiff sustained aswell by occasion of the entry aforesaid, as for his costs, etc. and in as much, etc. he make appear here such a day under the seal, etc. and Seals, etc. And also it is commanded to the said sheriff that he omit not for any liberty but that he take the said C. and D. if, etc. and safe, etc. so that they may have their bodies here at the said Term to answer unto the Lord the King of the contempt aforesaid, etc. The same day is given to the said Plaintiff here, etc.  

Entry of a Writ of inquiry against an Attorney in Covenant.  LOndon ss. Whereas Hugh Beeston Knight in our Court before our Justices at Westmin. exhibited to our said Justices his certain bill against R. G. Gent. one of the attorneys, etc. otherwise called R. G of Clifford's Inn London. Gent. in a plea of covenant, for that whereas the same Ricard by his certain Writing sealed with his seal and into our Court before our Justices brought, made at London in the parish of St. Mary Bow. in the ward of Cheap the 29. day of Nou. An. Dom. 1616. whose date is the same day and year, acknowledged himself to have his custody two Feather beds 1. Bolster 4. Stools covered with Scotish work, etc. of the proper goods and chattles of the same Hugh Beeston, which same Goods and Chattles after the delivery of them to the said Hugh, were left in the custody of the said Richard. And whereas also the same Richard had promised, and by his said writ covenanted to and with the said Hugh to redeliver the same goods and chattels to the same Hugh Beeston or his assigns within the space of one Month after warning thereof to the said Richard given, as by the writing aforesaid fully appeareth, And the same Hugh in Fact saith, that he after the making of the writing aforesaid, and before the day of exhibiting of the same bill to wit the 9, day of Feb. An. 16. etc. at London in the parish and ward aforesaid requested the said Richard to deliver to the said Hugh the same goods and chattels within the space of one month than next following after the warning aforesaid in Form aforesaid given, according to the Form and effect of the writing aforesaid, And so the same Richard although often requested the covenant aforesaid, In that the same Richard should redeliver to the said Hugh the same goods and chattels within the space of one month after warning to him thereof given hath not held but broken, and the same to him yet to hold, gainsaid, and yet gainsayeth, whereupon he saith, that he is the worse and hath damage to the value of 30 l. In such sort it is proceeded in our said Court and that the said Hugh his damages by occasion of the breaking of the Covenants aforesaid in not delivery of the goods and chattles aforesaid to wit one Feather bed one long Table, etc. of the goods and chattels aforesaid against the same Richard ought to recover. But because it is unknown what damages the said Hugh hath sustained by occasion of the breaking of the covenant aforesaid in not delivering the goods and chattles aforesaid, we command you that by the oath of honest, etc. you diligently inquire what damages the said Hugh sustained aswell by occasion of the breaking of the covenant aforesaid in not delivering of those goods and chattels, as for his costs and charges by him about his Suit in this behalf laid out, And the Inquisition, &c retornable upon Thursday next after the morrow of S. Martin under your Seals, etc. And the seals, etc. damages 8 l. charges 26 s. 8 d. increase 4 l. 7 s. 4 d. in whole 14 l No judgement was entered because the Parties agreed.  
H 18. I. Rot. 568. Devon. ss. 
Entry of a Writ of Inquiry in case for sees for suing forth of a Writ of covenant.  Whereas john Blachford was attached to be in our court before our Just ces at Westminster, etc. to answer john Hore Gent. one of the attorneys of the court of common Bench for that that whereas the said Io. here the 28. day of Sep. An. etc. 12. was, and always hitherto is one of the attorneys of the bench aforesaid and so being one of the attorneys of the same Court, the same Io. Blachford the said 28. day of Sept. An. 12 above said at Chagford in consideration that the same I. Hore at the special instance and request of the same I. Blachford would be the attorney of one Tho. Wise Knight and to prosecute for the same Tho. out of our court of Chancery a certain writ of ours of covenant of and for levying of a Fine in our said Court of the common Bench between the said Tho. and certain O. W. Esquire, and Margaret his wife of certain lands with the appurtenances in W. and D. in the county aforesaid, and a certain other Writ of ours of Dedimus Potestatem to certain F. F. Knight H. C. Gent. and I the same I. Hore to be directed to acknowledge the Caption which the same Oliver and Margaret before them or two of them should make of the same lands that a Fine thereupon might be had according to the course of Fines at the common Law of our Realm of England assumed upon himself and to the said john Hore then and there faithfully promised that he the said john Blachford all expenses which the same john Ho. in and about the prosecution of the Writs aforesaid, the levying and engrossing of the Fine aforesaid, and other things which in that behalf should be requisite and necessary to be done, should expend and deposit And also 3 s. 4 d. for his attorneys Fee, For every Term wherein the same John Hore should be the Attorney of the same Thomas Wise in and about the prosecution of the businesses aforesaid, when thereof he should be required well and faithfully would pay and content. And although the said John Hore giving credit to the promise and assumption of the said John Blachford afterwards to wit the 6. day of October An. 12. abovesaid, the said Writ of Covenants of the lands aforesaid, to wit of 1. message 1. Garden one orchard 200. acres of land, etc. with the appurtenances in W. and T. under the name of the said T. W. against the said F. Whi. and Margaret his wife before the Justices of the Bench in Oct. S. Hillar. then next following retornable and returned. And the 7. day of the said month of Octo. the aforesaid other writs of Dedi. Potestat. of our said Court of Chancery to the same Fr. F. Kt. H. C. and to the same I. H. directed was likewise prosecuted and a Fine thereupon before our said Justices was in due manner had levied & engrossed, And a Fine thereupon according to the common Law of our Realm of Eng. was levied, And all and singular other things which in that behalf were necessary and expedient to be done did and performed, And was attorney for the said Thomas in that cause in the Term of S. Michael An. 12. abovesaid and in the Term of S. Hillary than next following, and 6 s. & 8 d. for his Attorneys Fee in the same Terms were due to the same I. Hore and the same John 78 s. 2 d. in and about the bringing and prosecution of the same Writs and levying and engrossing of the said Fine, and in doing all and singular other things which in that behalf were necessary and expedient to be done in and about the premises, laid out and deposited, which said several sums in the whole do amount unto 84 s. and 10 d. nevertheless the said I. B. his promises and assumption aforesaid not regarding but endeavouring and fradulently intending him the said J. Hore of the said 84 s. 10 d. craftily and subtly to defraud, the same 84 s. 10 d, to the same I. H. according to his promise and assumption aforesaid hath not paid although to this by the same I. H. afterwards to wit the 20. day of March An. etc. 14 s. at Chagford aforesaid was requested but the same to him heitherto to pay hath denied & yet denyeth, etc. In such sort it is proceeded, etc. damages 6 l. mi. 20 s increase 6 s. in whole 8 l.   

Liberari Facias.  
P 4 Eliz. rot. 1919. H 32 Eliz. rot. 1606 Heref. ss. 
Entry of a w●it of Liberari fac to the Cognizee of lands extended by extent upon statute merchant, but not delivered to him for that the Conusor died, and the h●ir at the time of the inquisition taken, was within age, but now at full age if it do appear to the Sheriff that the heir is of ●u ● age. See the Statute for Merchants, 13 E. 1. accord.  It was commanded the Sheriff, whereas the Lady the Queen by her certain Writ out of the Court of the said Lady the Queen here at Westminster, in the Term of the Holy Trinity, Anno Reg. etc. 38. issuing and directed to the Sheriff of the County of Hereford, reciting by the said Writ, That whereas the said Lady the Queen had commanded the Sheriff of Middlesex by her said writ that the bodies of E. W. of D. in the County, etc. and I.T. of W. in the same County, etc. if they were lay men & found in his Bail●wick, he should take, & should safely keep in the prison of the said Lord the King, until they had fully satisfied S. B. of W etc. of fifty pounds, which the same E. and I. the second day of july, Anno 23. Eliz. before R. N. and R. C. then Bailiffs of the City of W. and keepers of the greater piece of the seal of the statute Merchant there and W. I. Gent. then Clerk of the City aforesaid, and keeper of the lesser part of the seal of Statute Merchant aforesaid, Deputed to take acknowledgement of such Statutes for Debt, for Merchants at the City aforesaid, acknowledged themselves to owe to the said S. which they ought to have paid unto him at the Feast of Saint Michael the Arch Angel than next following, and they have not paid the same unto him as it is said, and in as much as the said Sheriff of Middlesex shall have executed the precept of the said Lady the Queen, he should make appear to the Justices of the said Lady the Queen here in 8 Hillarii Anno 37 Reginae Nunc and the said sheriff of Middlesex to the Justices of the said Lady the Queen here at Westminster at that day returned, that the same W, and I. were Lay men and were not found in his Bailiwick, and to the Sheriff of Hereford commanded that all the goods and chattels of the same E and I. and all the Lands and Tenements whereof the same E and I. at the day of the acknowledgement of the Debt aforesaid, 
Recital of the Writ of extent.  or at any time afterwards were seized, to whose hands soever they should come, unless to any heir within age by hereditary Descent, they should descend, he should deliver to the said S by reasonable price and extent, To hold the goods and chattels aforesaid, as his proper goods and chattels. and the Lands and Tenements aforesaid as his free Tenement to him and his Assigns, according to the form of the Statute therein made and provided, until the Debt aforesaid together with his reasonable and necessary Damages and costs, as in Labours, Suits, Delays and Expenses, he should levy thereof.  
And nevertheless, That he should take the bodies of the said E. and I. and should safely keep them in the prison of the said Lady the Queen, until they should satisfy the said S. of the Debt aforesaid in form as aforesaid, and in as much as that precept of the Lady the Queen should be executed, he should make appear to the justices of the said Lady the Queen here at Westminster in Octob Sancti Michaelis, Anno 38. abovesaid, and that he should have then there the Writ aforesaid, the same Sheriff of Hereford to the justices of the said Lady the Queen here at Westminster, 
The Sheriff returneth that the Conusors' are dead. Inquisition taken, and the Lands extended, but the Lands descended to an infant, and the Sheriff by reason of his nonage, could not deliver them to the Conusees.  at the said 8 S. Mich. returned that the same E. and I. were dead, and also to the same justices of the said Lady the Queen here at that day, returned a certain Inquisition before him the said sheriff of Hereford, by virtue of a certain Writ to him therein directed, at K. in the County of Hereford, the thirteenth day of S. Anno 38. abovesaid, by the oath of twelve honest and lawful men of the County of Hereford, was taken, by which it was found that the same E. I. were dead, after the acknowledgement of the Debt aforesaid, and long before the taking of the said inquisition, and that the same I the day whereon he died, was seized in his Demesne as of Fee, of and in four Closes or parcels of pasture, lying and being in H within the parish of L. in the same County of Hereford, containing by estimation fifteen acres, etc. as in the Inquisition. And the Tenements aforesaid with the Appurtenances, were worth by the year in all issues besides Reprizes, sixty shillings, and that the same I.T. of the Tenements aforesaid with the Appurtenances, in form aforesaid being seized, after the acknowledgement of the Debt aforesaid, and before the coming of the said Writ died thereof seized, after whose Death, 
The lands descend to the heir within age.  the Tenements aforesaid with the Appurtenances descended to one I.T. son and heir of the said I T, the son, at the time of the taking of the Inquisition aforesaid, was within the age of one and twenty years, to wit, of twenty years and no more, so that the Tenements aforesaid with the Appurtenances to the said S. by reason of the minority of the said I.T. the son, he could not deliver, according to the Tenor of the said writ to him therein directed, and that the said E. at the time of the acknowledgement aforesaid made, or at any time afterwards, had no Lands or Tenements in the County of Hereford, as by the Record and proceed therein in the Court of the said Lady the Queen here plainly appeareth.  

Suggestion, that the heir is of full age.  And now in the Court of the said Lady the Queen, before the Justices of the said Lady the Queen here at Westminster, it is alleged, that the said I.T. the son is come to his full age of one and twenty years, and hath of a long time been of full age, therefore the said Lady the Queen doth command the said Sheriff of Hereford, that if it can appear to the said Sheriff, that the same I.T. came to his full age of one and twenty years before the issuing forth of this Writ, and now to be, than the Tenements aforesaid with the Appurtenances by the Extent aforesaid, in form aforesaid made, he should deliver to the said S. to hold as his free Tenement to him and his Assigns, according to the form of the Statute aforesaid thereof made and provided, until the Debt aforesaid, 
Liberate conditional, that if it could appear to the sheriff that the heir is at full age.  together with reasonable and necessary Damages and Costs, as in Labours, Suits, Delays and Expenses, be thereof levied, etc. and in as much, etc. he make appear here, 15. Trinitat. etc.   

Mittimus.  
T 3. Jac. rot. 24 10. 
Entry of a Mittimus of the Record and proceed Which was removed out of another Court, by a certiorare out of the Chancery, and sent to the Justices of the Bench.  The Lord the King sent to his justices of the Bench here, his Writ closed in these words, James, by the Grace of God, etc. To his Justices of the Bench greeting, The Record and proceed in a certain plaint which was in the Court of our Honour and Castle of Windsor, before our dear Cousin and Counsellor, Charles, Earl of Nottingham of the noble Order of the Garter, Knight, Admiral of England, Constable of our honourable Castle aforesaid, and keeper of the whole Forest of the same, or to his Deputy of Keeper of his place there, without any writ, between William R. Esquire, and J. M. Gent of cattles of the same W. taken and unjustly detained as is said, by Jo. Trevor Knight, Deputy of the same County, by virtue of our writ of Certiorare to you into our Chancery certified, we send you in these presents enclosed, commanding you, that the Records and proceed of the plaint aforesaid being inspected, you further do therein at the prosecution of the same James, what of right, and according to the Law and custom of our Realm of England is to be done, Teste. etc. James by the grace of God, etc. To our dear Cousin, etc. greeting, we willing for certain causes to be certified, by the Record and proceed in a certain plaint which is before you in our Court of the Honour and Castle aforesaid, without out writ, between W.R. Esquire, and I Moor of cattles of the same W. etc. we command you, that the Record and proceed in the plaint aforesaid, with all things touching the same, by whatsoever names the parties aforesaid in the said plaint are distinguished to us into our Chancery, wheresoever it shall then be, under your seal, without delay you distinctly and plainly send, and this Writ, etc.  
Note, 
Nota.  That if the Record had been sent to the Justices of the common Bench, they could not have proceeded upon the Tenor of the Record, but upon the Return sent, etc.  
H 17 Eliz rot. 939. 
Nota.  'Cause certified into the Bench was removed by a procedendo, because the moneys in the plaint amounted not to 40 s.  
T 20 Jac rot: 3371. Brownlow, The Lord the King, etc. The Tenor of the Record and proceed, etc. We send to you enclosed in these presents, and so recite the Certiorare, which is, we willing for certain causes to be satisfied upon the Tenor of the Record, &c, and the plaint, &c, And now here, to wit, at Westminster, in Cr. Trin. that same Term came as well the said Plaintiff by T. R. his Attorney, as the said Defendant by F. M. his Attorney and the Writs and Return aforesaid being seen, and by the Justices here fully understood and examined, to the said justices here it sufficiently appeareth, that the Court here upon the Tenor of the Record aforesaid cannot proceed, Therefore it is considered, that the said Mayor and Burgesses of the Burrow of N aforesaid, in the plaint aforesaid, according to the Law and custom of the Burrow aforesaid, at the prosecution of the said William, may proceed with effect, and to the parties aforesaid, full and speedy justice therein, according to the custom of the Court aforesaid, may exhibit, etc. between C. and A.   

Ne Exeat Regnum.  

Ne exeat Regnum  M 7. H. 6. rot. 600. or 606. Security found that he depart not the Kingdom.   

Nusance.  

Seld.  M. 8. Car. Regis rot. _____ To the Sheriff of Middlesex, greeting, whereas of late we have made public Proclamation (amongst other things) that none should erect any Walls whereupon _____ might be supper added within our City of London, or the Suburbs of the same, or within the distance of three thousand paces, of any of the Gates of the same City, or from the Palace of Westminster, licence from our Commissioners assigned to oversee the buildings in those parts not before had, Notwithstanding Thomas Ford late of the parish of Saint Andrew Holborn, in your County, Yeoman, contemning our commands, promulgated (licence of our Commissioners not before had) in a certain Field in the Parish of Saint Clements Danes without Temple Bar London, 
Seld.  on the south part of the ancient Inn called Clemants Inn, of a long time appointed for the Residence of men incumbent in the study of our Laws, a certain wall to which _____ may be superadded of Brick, Lime, and Sand, to erect, and part of the same Field intendeth to enclose as an ally or common place to bowl in, And the foundation of the same Wall hath now laid and more Brick Lime and Sand for further progress in the same Wall hath here also put and hath ready, as it is said, and if that place should be also enclosed, It would happen that the Students of that Inn, incumbent in the same in the study of our Laws with the Clamours and noise of men resortng to that place would be so much disturbed, that they could not Fellow their Studies We (to observe our commands) and willing to regard the quiet and tranquillity of the students aforesaid that they should not be diverted from their Studies, Command you that you omit not for any liberty of your county but that you command the said Thomas on our behalf that from further building of the wall aforesaid, he be altogether superseded and the wall begun and the Foundation of that wall by him in the place aforesaid put, he cause to be demolished upon the danger to follow. Test 19 Nou. Car. T. C. C. S.  
Cartwright   

Original.  
M 18. H 8. Rot. 2. ss. 
An original Writ out of the Chancery at the Suit of the party directed to the Justices of the Common Bench, to stifying that he is a Lord of the Parliament, & that they should make no other process against him, only such as are made against the Pee●s of the Land.  The Lord the King sent to his Justices of the bench here his writ closed in these words, Henry the 8. by the grace of God, etc. To his Justices of the Common Bench Greeting we command you that if Edward Sutton of Dudley in the County of Staff. Knight be impleaded before you at the suit of any one in a personal action, you cause so to be made against him such Process and no other in the action aforesaid, as aught against Lords Peers Earls and Barons of this our Kingdom of England which ought to come to our Parliaments upon our summons or any of them as according to our Laws and Customs of the Realm of England ought to be made, Because we record the same Edward one of the Barones of our Realm aforesaid coming to our Parliament, and this to you and every of you who are interested therein, we notify witness ourselves at Westminster etc. And it ought to be written upon the back of the said writ as followeth, It is inroled in the Bench in the Term of S. Michael An. Regni R. H. 8. 18. Rot. 2. and aught to be Filled amongst the Records sine die etc. See the old Book of entries fo. 313. Title, Error in utlawry 20. Ms 31. H. 6. Rot. 309. H. 1. H 7. Rot. 305. A servant of a Knight in the Parliament impleaded in the Bench brought his writ here out of the Chancery testifying it, and there upon the Justice's Surcease, and the servant goeth thereof without day, etc.   

Pardon.  


Entry of the allowance of a veneral pardon gpon an Utlary after judgement, wherein it appeareth by the Record that the Pl. is satisfied of his debt and damages.  
P. 3. ● Eliz: rot: 1131. tiel. upon satisfaction given to the Executor after the death of the testator.  
M 22 Jac: rot: 2781. e.  
Brownlow for Andrew's against Mason the like: but note, that the judgement was entered with Waller, and the pardon was pleaded with Mr. Brownlow chief Prothonat ry.  
H: 44 Eliz. rot: 2550. the like but more general.   T 19 I. Rot. 1887. Midd. ss. It was commanded the sheriff that he should not omit for any liberty of his county but that he should take F. T. late of, etc. Esq. utlawed in London die lun. prox. pro fest. etc. Ano. Regni etc. 3. at the Suit of F. W. in a Plea of debt whereof he is convicted, and him safely, etc. so that he might have his body here at this day to wit tres Trinitatis, etc. to do and receive what the Court of the Lord the King here shall consider of him in this behalf, and now here at this day came the same F. T. By F. B. his attorney, And saith that after the utlawry aforesaid against him the said Francis in Form aforesaid published and had by a certain act in Parliament of the said Lord the King now held at Westminster in the county of Midd. 9 of February An. 7. amongst other things it was enacted and established by the authority of the same Parliament that all and singular the subjects of the said Lord the King aswell Spiritual as temporal of this Kingdom of England Walls Jsls of Jernesey and Garnsey and of the town of Barwick their heir's Successors executors, & administrators of them and every of them, And all and singular Corporations or Towns, incorporate, Cities, Burroughs, Counties, Ridings, Hundreds, Lath, Rape, Wapentacks, Towns Uillages, Hamlets, and Tithings and every of them and the Successors of them and every of them, by authority of the same Parliament should be acquitted pardoned, released and discharged against the same Lord the King his heirs and Successors and every of them, from all Treasons and Felonies, Offences, contempts Trespasses, entries injuries deceits, etc. As in the Act, and the same Francis Tunstall saith that the utlawry aforesaid against the same F. in Form aforesaid published and had is not excepted and foreprised in the Act aforesaid and that he is and at the time of the making of the Act aforesaid & long before was a subject and Liege man of the same Lord the King now, borne under his obedience, to wit at Westminster aforesaid in the said County of Midd. And that he satisfied to the said Francis Waswell for the said debt of 401 l. which the same Francis White in the court of the said Lord the King here recovered against him as of the said 36 s. which to the same Francis White in the same Court of the King here were adjudged for his damages which he had by the occasion of the detaining of the said debt as it appeareth in the Term of S. Hillary An. Rs. nunc 2. Rot, 1846. For which said debt and damages the same Francis Tunstal was at the suit of the said Francis White in Form aforesad utlawed and this he is ready to verify where & When and as the Court of the Lord the King here shall consider, etc. Therefore it is not intended that the Lord the King now will impeach or charge the same Francis Tunstall by occasion of the utlawry aforesaid, whereupon he Prayeth judgement and that he may be discharged from the utlawry aforesaid, And because by upon inspection of the record of the same Term of S. Hillary An. 2. abovesaid, It sufficiently appeareth to the said justices upon Record that the same Francis White is satisfied of the debt and damages aforesaid, Therefore the same general pardon is allowed to the same Francis Tunstall. And the same Francis may go thereof without day, etc.  
P 32. Eliz. Rot. 1131. Scot Essex. entry of special pardon of an utlawry after satisfaction of the judgement; Note. 
Note.  that the defendant came there by a Cepi Corpus and is committed to the Fleet, And then he pleads the pardon and the satisfaction, and prayeth that the pardon may be allowed and he set at large, and it was done. P, 44. Eliz Rot. 1539. H. 19 Eliz. Rot. 424. Tiel.  
H 8. jac. Rot. Brownlow London. ss. R. T. utlawed An. 34: Eliz. Whereof he is convicted, at the suit of G. At 8. 
Pardon and release of demands pleaded in the discharge of an Expostat.  Pur. cometh and pleadeth the pardon de 39 Eliz. and sets forth that the utlawry is not excepted, etc. And that he is a Subject, etc. And that the same Edw. after the utlawry aforesaid against the said R. in Form aforesaid published and had to wit 30. Jan. An. 37. Eliz. released all demands to the Defendant as by the said writing more fully appeareth and th' s he is ready to verify, etc. unde non intendit Dom. Rex. etc. But because it is not known whether the writing of the release aforesaid by the same R. above pretended, be the deed of the said Edward or not, And because it is expedient and necessary that the said Ed. for his interest in this behalf be premonished before it be further proceeded in to discharge the same R. from the utlawry aforesaid according to the Form of the Act aforesaid, the sheriff is commanded that by the honest, 
Sci. fac. awarded.  etc. they make known to the said Ed. etc. 15 Pas. to acknowledge or gainsay the writing of release aforesaid, and also to show if any thing, etc. wherefore the said Rob. ought not to be discharged from the utlawry aforesaid if, etc.  
M 18. Jac. Rot. Brownlow Sussex ss. It was commanded the sheriff whereas Walter Covert Knight was summoned to be in the Court of the Lord the King now here to answer Ed, Culpeper Knight of a plea wherefore, 
Entry of a writ to make partition, and partition made thereupon, and judgement therein.  whereas the same Ed. and Walter together and und●videdly do hold 20. Mes. 6. mills 20. Gardens 2000 acres of land 500 acres of Meadow 1000 acres of Pasture 2000 acres of wood, 2000 acres of Furs and heath and 500 acres of land covered with water with the appurtenances in Balcombe, Tuckfeild, Slewham, Crawley, and Porth the same Walter to make partition thereof between them according to the Form of the statute in such case provided, gainsayeth and unjustly permitted not the same to be done and against the Form of the statute aforesaid, And the same Walter in the Court of the King here well granteth that partition thereof be made, by which it was considered in the same Court of the Lord the King here, that partition should be made between the parties aforesaid of the Tenements aforesaid with the appurtenances, That taking with him 12. Free and lawful men of the neighborhoods of B. C. S. C. and W. by whom, etc. he should come in his proper person unto the Tenements aforesaid with the appurtenances and in the presence of the parties aforesaid by the same Sheriff to be premonished, if they will be present, the same Tenements with the appurtenance, by the oath of honest and lawful men of his county, respect being had to the true value of the same Tenements with the appurtenances, he should cause to be parted into two equal parts, and one part of the s●me Tenements with the appurtenances to the same Edward, and the other part of the same Tenements with the appurtenances residue to the same Walter to hold to them in severalty, he should cause to be delivered and assigned, so that neither the said Edward nor the same Walter may have more of the Tenements, aforesaid with the appurtenances then belongeth to them to have, and that the said Edward of his purpart to the same Edward out of the tenements aforesaid with the appurtenances happening, And the same Walter of his purpart to the same Walter out of the tenements aforesaid with the appurtenances happening may severally apportion themselves and that partition by the same sheriff distinctly and openly made, he should make appear here in Oct. S. Mich. under his seal, and the seals of them upon whose oath that partition shall be made, and that he should have here the names of them upon whose oath he should make that Inquisition, and that writ, And now here at this day came the same Edward by Robert Moyle his attorney and the sheriff to wit Nicholas Eversfeild Esq. now returneth here a Certain partition between the parties aforesaid of the tenements aforesaid by the same sheriff before him by virtue of the writ aforesaid and according to the Form of the said writ by the oath of 12, etc. made which followeth Sussex ss. I. N. E. sheriff of the county aforesaid to the Justices of the Lord the King do certify by virtue of a writ therein to me directed and to this schedule annexed the seventh day of August An. etc. 18. 
See the new book of Entries, title Partition, foe 411. such a form.  took with me I. F the elder I. F. the younger and ten others twelve Free and lawful men of the Neighbourhoods of B. C. S. C. and W. in the same writ specified I came in my proper person to the tenements in the same writ specified, to wit to 20 Mess. 20. Gardens, 2000 acres of Land 500 acres of Meadow 1000 acres of pasture 2000 acres of Wood 2000 acres of Furze and heath and 500 acres of Land covered with water in B. C. S. C. and W. in the same writ mentioned, And there by their oath respect being had to the true value of the Tenements aforesaid with the appurtenances in the presence of the parties in the same writ named by me the same sheriff premonished, the same Tenements into two equal parts with the appurtenances, I have made to be parted and one part of the Tenements v with the appurtenaces to wit one Capital Message or mansion house called T. with the appurtenances, etc. and so receit the parcels, etc. I have caused to be delivered and assigned to Edward Culpeper Knight in the same writ named for his purpart of the Tenements aforesaid to hold to the same Edward in severalty by himself as by meets and bounds they are now divided, And an other part of the same Tenements with the appurtenances that is to say one Message called the glovers house otherwise Gardener's farm etc. And so receipt the other particulars, etc. 
2. Part.  I have c●used to be delivered and assigned to Walter Covert Knight in the same writ likewise named for his purpart of the Tenements aforesaid, to hold to the same Walter in severalty by himself as by meets and bounds they are now divided, so that the same Edward of his purpart of the same Edward out of the Tenements aforesaid with the appurtenances happing, And the same Walter of his purpart to the same Walter out of the Tenements aforesaid with the appurtenances in Form aforesaid happening may severally apportion themselves as by the same writ it was commanded to me, in Testimony whereof aswell I the same sheriff as the Jurors v to this partition have severally put our seals the day and year abovesaid, 
Judgement that the pa●tion be held f●●m and stable.  Therefore it is considered that the partition aforesaid be held Firm and Staple for ever. Note that at the return of this writ of partition Hickham the King's Sergeant at Law and of council with the defen. Sr. Walter Covert Knight came to the bar and moved that the partition might be quashed and that a new Writ to make partition might issue, For that the partition was not Legally made by the sheriff, And upon much debate in Court the 4, Judges Hobort, Warborton, Winch and Hutton ordered Sr. Walter Covert to pay to Sr. Edw. Colpeper 3500 l. for his part, wherewith the parties are agreed, and Sr. Walter Covert in joyed the lands aforesaid, and the writ was not Filled nor the judgement entered, but I added it to the partition because of the president.   

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

Plaintiff and Defendants appear by Attorneys.  And now here, to wit, at Westminster aforesaid, at the same day, to wit, at the said 8. S. Trin. came as well the said M. by T. H. her Attorney, as the said E. and W. by L. S. their Attorney, and hereupon the said M. declaring against the said E. and W. in the plaint aforesaid, complaineth that the said E. and W. the twenty fourth day of June Anno 4. Eliz, at O in a certain place called B, took the said Ox of the said M. price eight pounds, 
Count in replevin for cattles, and the value, etc. and that the Defendant may gauge deliverance.  and him unjustly detained against sureties and pledges, etc. whereupon she said that, etc. damages twenty pounds and thereupon bringeth suit, etc. and prayeth that the said E. and W. may gauge deliverance of the Ox aforesaid, and the said E. and W. pray licence to imparle here until 8 Mich. and have it, etc. the same day is given to the said M. here, etc.  
And now here at this day, to wit 8 Mich. came as well the said M as the said E and W. by their Attorneys aforesaid, 
Nil dicit. A writ to inquire of damages for taking the ox awarded. Quere if it ought not to be also of the value, etc.  and nothing in Bar or preclusion of the Action, etc. as in others until, without defence, for which the said M her Damages by occasion of the taking and unjust detaining of the Ox aforesaid against the said E. and W. aught to recover, but because it is not known what Damages the said M. sustained, by occasion of the taking and unjust detaining of the Ox aforesaid, the Sheriff is commanded, that by the oath of honest and lawful men of the County aforesaid, he diligently inquire what Damages the said M. sustained, as well by occasion of the premises, as for her costs and charges by her about her suit in this behalf laid out, and the Inquisition which, etc. The Sheriff make appear here in 8 Hill. under his seal and seals, etc.  

Entry of a plur, repleg. A. B. in homine repleg the Sheriff returneth that A is enlarged, etc. and a. Capias in Withernam of the body of the avowant awarded see F N B fol. 68 agreeth.  M 32 H. 8. rot. 319. Essex. ss. The Sheriff was commanded as more times, that he should replevy A. B. Spinster, who E. L. took and taken, kept, etc. or that the same Sheriff should be here at this day, to wit, in Cro. Ani. to show wherefore he could not execute the commands of the Lord the King to him so often therein directed, at which day, the sheriff, to wit, I. D. Esquire returned, that the same A. was enlarged to places to him unknown, so that he could not replevy her according to the Tenors of the commands to him therein directed, Therefore the Sheriff is commanded that he take the body of E. in Withernam, and cause him safely and securely to be kept, until the same A. in form aforesaid taken, may be replevied, and if the same Sheriff can replevy the same A. that then the same A shall secure the same sheriff to prosecute her plaint, by return of her body, if return thereof shall be adjudged, than the same sheriff put by sureties and safe pledges, the same E. that he be here 15. Hillarii, to answer to the said A. of the taking and unjust detaining of the same A, and as well to the Lord the King of the contempt, as to the said A. of the Damages and Injuries to her in this behalf offered, and in as much, etc. the same sheriff should make appear here at the same Term, &c,  
M 7 and 8 Eliz. rot. 1729. Fylmer. London ss. 
Entry of a writ of plur. Repl. See M. 7 & 8 El. rot. 245 pl. 67. Dyer, this case reported. H 12 H 6 rot. 316.  It was commanded the sheriffs, whereas of late more times, the Lord the King had commanded the same sheriffs, that justly and without delay they should cause to be replevied to William Hurst all the goods and chattels, which Richard Miller's Knight, N.W. and I.S. took and unjustly detained, or would signify the cause to the said Lady the Queen, wherefore they would not execute her command otherwise to the same sheriffs therein directed, or that they could not and the same sheriffs contemning the commands of the said Lady the Queen, to the same William have not replevied his goods and chattels aforesaid, or at leastwise hitherto have not regarded to signify, to the said Lady the Queen the cause wherefore they would not or could not do the same, in manifest contempt of the said Lady the Queen, now and her commands aforesaid, and the immoderate Damage and grievance of the said William, wherewith the Lady the Queen is very much injured and moved, 
Return thereof Custom of the City of Lond. that when any goods are distrained within the City, that they ought to be replevied by plaint within the city, before the sheriffs to be levied, and not by a writ issuing out of the Chancery. Note Dyer fol. 246. That before the statute of Marlebridge cap 21. The Sheriffs by the common Law could not make replevy without a writ.  that Return is not made to the said W. of his goods and chattels aforesaid, according to the Tenor of the commands of the said Lady the Queen, before to them therein directed, therefore let the same sheriffs be here at this day, to wit, in C. A. to show, wherefore they have contemned to execute the commands of the said Lady the Queen, so often to them therein directed, And now here at this day came the said W.H. by T. H. his Attorney, and the sheriffs, to wit, I.R. and I.H. to the Justices here, have certified That any Writ of the Lady the Queen to replevy any goods or chattels to the same W.H. besides the Writ aforesaid, to the same sheriff, or either of them was not delivered, and that the City of London is, and from the time whereof the memory of man is not to the contrary, was an ancient City, and that within the same City is had, and from the time whereof the memory of man is not to the contrary, was had, accustomed used and approved, that whensoever any Cattles, goods, or chattels by the Law of the Land were replevyable, within any place of the City aforesaid, or liberties thereof were taken, that then all such cattles, goods, and chattels, aught, and were accustomed by the whole time aforesaid to be replevied, by the sheriffs, Ministers of the City aforesaid, for the time being, by virtue of a plaint in the Court of the said Lady the Queen and her progenitors Kings of England, held before the Sheriffs of the City aforesaid, for the time being levied and not by writ of the said Lady the Qu. or her progenitors Kings of E. issuing out of the Chancery, and also that all the customs of the City aforesaid, by Authority of Parliament of the Lord E, late King of England, after the Conquest at Westminster, 
The Sheriffs are free men of London, and held by their oath to observe the customs of the City.  the fifteenth year of his Reign held, were ratified and confirmed to the then Mayor and Commonalty of the same City and their successors, which said Liberties and free Customs of the same City, they the same sheriffs and freemen of the City aforesaid, before the purchasing of the said Original Writ, and always afterwards, hitherto being bound by oath have observed, and are bound to hold without any violation, for which causes, the sheriffs aforesaid could not replevy; the goods and chattels in the said Writ specified, or do Execution upon the said writ nor can at the present, but because it seemeth to the Court here, that the Return aforesaid, 
The Return of the Sheriff vicious.  in form aforesaid made, is as well in contempt and prejudice of the said Lady the Queen now, and of her Court, and also in Derrogation of her Crown and Dignity, and manifest Danger of her Disinheriting, and also that it giveth way and redoundeth to the immoderate damage and grievance of the same W, and Delay of his suit, therefore as before, the sheriffs are commanded without Delay to replevy to the same W. the goods and Chattels aforesaid according to the Tenor of the commands of the said Lady the Queen now aforesaid therein to them directed, 
Plur. repleg. awarded.  and in as much, etc. They make appear here in 8 Sancti Hillarii, etc. It is also commanded the Coroners of the said Lady the Queen that they cause to come here the same sheriffs at the same Term, to answer as well to the said Lady the Queen as to the same W, of and upon the premises, further to do and receive what the Court of the said Lady the Queen here shall consider of them in this behalf, and in as much, etc. The same Coroner cause to appear at the same Term, etc.   

Pone.  

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

Privilege.  
H 45. Eliz. rot. 818. Brownlow, Lanc. ss. 
At the return of a Capias against a servant of the c●cife Cle●k of the King's Bench, the servant came in person into the Court of Common Beuch, delivered to the Justices a writ of supersedias, & prayed the allowance thereof, that they would not hold plea, &c, A writ of privilege for a servant of the chief clerk of the King's bench  It was commanded the Sheriff that he should take John Would late of Brenset in the county aforesaid, Yeoman, of, etc. and safely etc. so that he might have his body here at this day, to wit, in Octab. Sancti Hillarii, to answer to T. L, in a plea wherefore with force and arms, one Message, ten acres of Land with the Appurtenances in B. which Margeret Erlington widow, to the same T. devised for a Term, which is not past, entered, and him from his Farm aforesaid ejected, and other Enormities, etc. To the great Damage, etc. and against the peace, etc.  
And now here at this day came as well the same T. by I. P. his Attorney, as the same John Wood in his proper person, and hereupon the same I W. brought here into the Court a certain Writ of the said Lady the Queen of Supersedeas, in the cause aforesaid closed, to them directed, The Tenor whereof followeth in these words, Elizabeth, etc. To our Beloved and faithful Edmund Anderson Knight, and his Associates, Justices of the same Bench greeting, As well of our Dignity, as according to the ancient Custom used and approved of in times past, hitherto obtained, That our chief Clerk of the pleas in our Court before us, ought not to be drawn or compelled to answer before any secular Judges upon any pleas or complaints (pleas of Free Tenement only excepted) nor by the whole time aforesaid were accustomed.  
And now in our Court here before us, on the behalf of John Wood, one of the servants of John Rooper Knight, our chief Clerk assigned to Roll pleas, in our said Court before us, It is given us to understand, That one Thomas Lack little regarding the custom aforesaid, the same I W by the name of I. W. late of B. in the County of Kent Yeoman, hath drawn into plea, of a plea wherefore with force and arms, one Message, etc. as above until against our peace, etc. to the very great disprofit and grievance of the said I. W, and manifest infringement of the Liberties and privileges aforesaid in our Court before us by the whole time aforesaid, hitherto used and approved, whereupon we are willing to provide him a fit & speedy remedy, & to observe the Liberties & privileges aforesaid, for so long time used & infringed. We command you, that from further holding of the plea aforesaid before you, or compelling him the said I. W. further to answer before you in the plea aforesaid, ye be altogether superseded, saying on our behalf to the same T L. That he at our said Court before us may come and have Justice there if he will, Teste john Popham at Westminster, the twenty fourth day of January Anno Regni nostri 45. Rooper, Which said Writ being read and heard, the same john Wood saith, That he is, and at the day of purchasing of the Writ of the said T. Lack, was servant of the said john Rooper, Knight, Chief Clerk of the said Lady the Queen, now assigned to enrol the pleas of the said Lady the Queen before the same Queen, and prayeth that the said Writ of Supersedeas, according to the Form of the same Writ to be granted and allowed to him, and that the Justices here will not take Cognizance of the plea aforesaid against him, etc.  

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

Demurrer to the counter plea  ANd the same john Wood saith, That the said Plea of the said T. above pleaded, to adnull the said Writ of Supersedeas, and also the matter in the same plea contained, are insufficient in Law to deprive the same I W. from having the said Writ of supersedeas allowed, or that the Court here should take further Cognizance against him in the plea aforesaid, and that he to the plea aforesaid, in form aforesaid pleaded, hath no need, nor by the Law of the Land is held to answer, and this he is ready to verify, 
Joinder in Demurrer.  whereupon he prayeth Judgement that the said Writ of supersedeas according to the form of the said Writ, may be granted and allowed unto him, and that the Justices here would not take further cognizance against him in the plea aforesaid, etc.  
And the same T. from whence he sufficient matter in Law to deprive the same I W from having the said Writ of super, and that the Court here should take further Cognizance against him of the plea aforesaid, hath above alleged, which he is ready to verify, which said matter the same I. W. doth not gainsay, nor any wise answer to the same, but doth altogether refuse to admit of the verification thereof, prayeth judgement if the said Writ of Supersedeas ought to be granted or allowed unto him, and that the Court would take Cognizance against him the said I. W. in the plea aforesaid, and because the justices, etc.  
M. 9 Jac. rot. 705. ss. 
A Writ of privilege allowed for one of the six Clarks of the Chancery.  The Lord the King sent to his Justices of the Common Bench here his Writ closed in these words, James by the Grace of God, etc. To his Justices of the Bench greeting, Whereas the Masters, Clarks, and Officers of our Court of Chancery, and of our progenitors late Kings of Eng, and also their servants and familiars whosoever, to answer in our Court before you, or before any of our Justices or Ministers, or other secular Judges whatsoever, besides before us in our Chancery aforesaid, upon any Writs, Causes, or Complaints, Trespasses, Actions, or Demands, which concern not our person, (pleas of Freehold, felonies, and Appeals only excepted) according to the Jurisdiction, Liberties, privileges, and Customs of our Chancery aforesaid, from the time whereof the memory of man is not to the contrary hitherto obtained, ought not to be drawn, compelled or imprisoned, nor hitherto were wont, And now we understand that W. S. Knight, doth implead in our Court before you Valentine Saunders Esquire, one of the six Clerks of our Court of Chancery aforesaid, for 400 pounds which the same W. doth demand of the said Valentine, as it is said, in Derogation of our Court of Chancery, and against the custom aforesaid, and because we will inviolably observe the Jurisdiction, Liberties, privileges, and customs aforesaid, We command you that from further holding before you of the plea aforesaid, by whatsoever name the same V be reputed, you be altogether superseded, declaring to the said W. on our behalf, that he follow against the same V before us in our Chancery aforesaid, and no where else. If it seem expedient for him, Teste etc. 9 November Anno 16. and 45. By pretext of which said Writ, the Rolls and other Memorables of the Court of the Lord the King here remaining being searched, it sufficiently appeareth upon Record, that before the same writ of supersedeas was delivered to the said Justices here, the same V was put in Exigent in the Hustings of London, to be outlawed at the suit of the said W. in the plea aforesaid, which said writ of Exigent before the Justices here, is returnable in Octab. S. Hillarii, whereupon the same Valentine for his indemnity prayeth a writ of the Lord the King to be directed to the Sheriffs of London, to supersede the Execution of the said writ of Exigent, so that the same W. at that day may show if he can, wherefore the same Va the privilege of the Court Chancery of the said Lord the King according to the form and effect of the writ aforesaid, ought not to have, if, etc. and it is granted to him returnable here at the same Term, etc. The same day is given to the said V here, etc.  
H Il. 1. and 2. Eliz. rot. 630. The like writ is allowed for a Chancery Clarke.  
H 18 El. rot. 602 the like writ is allowed, T. 19 El. rot. 1213. H. 25. Eliz. rot. 2019, A writ of privilege for a Prothonotaries clerk of the King's Bench allowed in the Common Bench.  
P 44 Eliz. rot. 1841. The Lord the King, etc. reciting the writ of privilege for Richard Swain Doctor of Laws, one of the Masters of the Chancery. Teste Anno 44. and for that the plaintiff alleged nothing in court here wherefore the said writ ought not to be allowed him, therefore the plea aforesaid against the same R in the court of the King here, shall be no more attempted, etc. M. 11 H 7 rot. 133. T 5 Jac. rot. 750 P 18 Jac. rot. 1795. for M. P 13. Jac. rot. 2192. P 11 jac. rot. 1368. P 36 Eliz. rot. 320 P 8 H 7 rot. 130. Allowance of a writ of privilege, for T.S. his Clerk, one of the servants of our beloved clerk I.B. keeper of the Rolls of our chancery allowed, etc.  

Entry of a writ of attachment of privilege in the Common Bench for an attorney of the same Bench in debt against 2 several persons severally.  M 19 jac. rot. 2948 Brownlow, Lincoln ss. The Sheriff was commanded that he should attach T, B. clerk, and L E clerk, so that he should have them here upon Saturday next, after the morrow of all Souls, to answer R, Clarke, Gent. one of the Attorneys of the court of the Lord the King of Common Bench here, according to the liberties and privileges, etc. in a plea of Debt severally.  
And now here at this day came the said Robert in his proper person, and offered himself against the said T and L in the plea aforesaid, and they came not, and the sheriff, to wit, T T Esquire, now returneth, that he by virtue of the writ aforesaid to him directed, took the bodies of the same T and L. whose bodies the same sheriff hath now here ready, as by the said writ it was commanded him, 
Cedi corpus returned.  and because the same sheriff the bodies of the same T and L now here at this day hath not ready, therefore the same sheriff, to wit, the same Tho. T Esquire in mercy, etc. and he is fined by the Justices here at forty shillings, and it is commanded to the same sheriff that he have here upon Wednesday next after 15 sand. Martini the bodies of the same T and L whom, etc. to answer to the same Robert in the plea aforesaid, and the same sheriff to wit, T.T. Esquire, now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincoln, so languishing, that he could not have their bodies here at this day without peril of death, as by the said writ it was commanded him, etc.  
And hereupon in the same Court of the King here on the behalf of the said Robert, it is testified that the same T and L are sound and whole and able to travel, therefore it is commanded the same sheriff, that he or his under sheriff be here upon Wednesday next after eight days of Saint Hillary, bringing with him the same T and L whether they be found or infirm, to answer to the same Robert in the plea aforesaid, and that he omit nothing herein under the penalty of 20 l. which if he shall not do, the sheriff shall know, he is to lose, etc. 
Deuces recum awarded under the penalty of 20 l.    

Procedendo.  
H 35. H. 8. Rot. 318. ss. 
A Procedend. awarded in a plea of lands to be removed out of an inferior Court by Recordare.  Whereupon the cause aforesaid being seen, alleged by the same B. to remove the Plaintiff aforesaid & in the writ aforesaid above specified, It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bailiff of the said E. B, of her manor of B. with the Soak aforesaid, in the court of the same E. B. and upon the plaint aforesaid ought to proceed, etc. Therefore it is considered that the said Brian, notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed, he may proceed in the plaint aforesaid with effect, And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custom of the Lord the King of England and the Court aforesaid, etc.  
M 8. H. 4. Rot. 114. 
Procedendo. Rege inconsulto.  In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant, by act of Parliament, & that the Tenements of the demandant came to the King's hands, and prayeth judgement, si Rege in consulto, etc. And the King sent his writ de procedendo therein directed to the Justices, that the Tenant plead de novo with the demandant, etc.  
H 13. Jac. Rot. Brownlow London ss. 
A Procedendo after much debate granted upon a special return made upon a Hab. cor. upon the custom of London, concerning Prentices, their ages, and their Indentures between them and their Masters. Indenture void, if the Apprentice be not of the age of fourteen years when he was bound.  An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediately before Henry Hobert Knight and Baron Chief Justice, etc. Test 28. Nou. 13. jac. by H. Hobert, Execution, etc. ss. London ss. we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew. London do certify that, etc.   

Prohibition.  
BE it remembered that the 20. day of November the same Term came here into the Court I L. in his own person and gave the Court here to understand, 
Prohibition to the Court of Stanneries in the County of Cornw for holding plea of matters which contcern the Stanneries. Suggestion.  That whereas by the laws & statutes of the Realm of the Lord the King of England, it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornwall, or Keeper or Keepers of his place for the time being, may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unless arising between the Stannators whilst they work in the stannaries, and between them and other Foreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries; nevertheless certain I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid, not ignorant of the premises but endeavouring and intending very much to vex and disturb the same I, against the laws of the Realm of the Lord the King of England, In the stannary court of the Lord the King of F, in the said county of C, before the Substeward of the Stannary Court aforesaid or deputy, or Keeper of his place in the Court aforesaid or any of them, in a certain plea of Account by plaint by the said I. C. the same against the said L. in the same Court levied upon supposal that the said L. was receivour of the moneys of the said I. C. the Father, and to have received of the moneys of the said I.C. the Father in his life time 20 l. of one I. M, to render an account thereof to the said I. C. drew into plea, And the same L. to appear in the said Stannery Court of F. aforesaid by occasion of the premises, and to answer the said C. of and upon the premises, against the law of the land of the Realm of the Lord the King of England unjustly constrained by arrest of his body whereas in truth neither the said I. L. nor the said I. C. nor either of them at the time of the levying of the said plaint or any time afterwards hitherto was Tinner working in any Stannary work within our Counties of D. or C. And whereas in truth the account aforesaid doth not concern any Tinner or matter or matters belonging to the said Stannaries, 

Averment that neither Plaintiff or Defendant were Tinne●●.  
Averment that the account did not concern T●nning.   and although the same I L, the matter aforesaid by him above alleged, before the said Warden Subwarden and steward often pleaded and alleged in the Stanuary Court aforesaid, and offered to prove with inevitable truth and Testimony, Nevertheless the said warden Subwarden steward Deputy or Keeper of the place would not admit of that plea or allegations, but altogether refused, and the same I. C. notwithstanding the plea allegation & probation of the said I. L. aforesaid in the premises aforesaid the said I, L. before the said warden underwarden steward Deputy or Keeper of the place in the plea aforesaid to be condemned, with his whole strength indeavoureth and tryeth from day to day in contempt of the Lord the King now, and manifest damage impoverishment and grievance of the said L. and against the laws of the Realm of England and this he is ready to verify, whereupon the said L. humbly imploring the aid and munificence of the Court of the Lord the King now prayeth remedy and a writ of the Lord the King de Prohibition to the said warden underwarden, etc. And to the said C. Counsellors Attorneys and Solicitors of the said C. in this behalf whatsoever to be directed in Form of law, to prohibit them and every of them, that they nor any of them proceed not further in the cause aforesaid, or any thing that concerneth the premss. in the court aforesaid, before the said Warden, etc. or presume to attempt any thing more in the cause aforesaid in the court aforesaid which may give way to indamage the said I.L. or prejudice of the Law of the Lord the King now his Crown or dignity and to him it is granted, etc.  
Warburton   

Mich. 25. H. 6. Rot, 323. Prohibition without a cause depending against the Bishop of Winchester for excommunicating a man for serving a warrant of peace upon his Chaplain.  
EAster. 44. Eliz. Rot. 1738. The like (Causa non pendente) out of the Court of Request, against the corporation of Miners.  
THat this Prohibition (causa non pendente) being granted upon the motion of Sergeant Helena Justice Gawdy and Warburton Walmesly being absent, 
Nota.  And at another day Justice Walmesly being present and Justice Gawdy being absent, Justice Walmesly said that the prohibition lay not (Causa non pendente) And thereupon the Prohibition did not issue forth, though Warburton put his hand to it, Yet Gaudy and Walmesly denied.   

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

Ravishment de Gard.  

Ravishment de guard brought by the King, the King's Attorney by force of the Letters Patents under the privy seal sealed Waives his issue, and saith, that the Defendant is not guilty, and judgement that the defendant go without day, the Kings right being saved.  H 12. H. 7. Rot. 228. Mordant, Oxon. ss. the King brought his writ of Ravishment de Gard. against I. G. and A. his wife for Ravishment of Richard Son and heir of Edward Bockingham etc. the defendant Pleads none cull. and afterwards James Hobard attorney of the King and the Defendants come in their proper persons and the King's Attorney Relicta verificatione, etc. by virtue of a certain warrant, with the sign manual of the said Lord the King signed directed to the same James and shown here in Court on the behalf of the said Lord the King saith they are not guilty prout, etc. Therefore it is considered that the said Io. and Anne. go thereof without day, etc. the Kings right being reserved, when at an other time therein she would speak, etc.   

return. Recordi.  

Return of the Record sent to the justice at Lanc. to be tried after trial in the Bench.  AFterwards to wit upon Monday next after, tres Pas. next following the said C. came back here into Court in his proper person And Humphrey C. Justice of the said Lord the King at Lanc. before whom, etc. sent the record and proceed (cum toto facto suo) in the premises, before him at L. in the county aforesaid had, in these words, Afterwards on monday in quarta septimana LX. before H. C. justice of the Lord the King at Lanc. came aswell the within named R. R, as the within named R. B. in their proper persons, And hereupon the same R. prayeth a writ of the said Lord the King of ve. fac. here 12. 
Ven. fac. aWarded at Lanc.  etc. before the said Justice at L. etc. to try the issue within written, to be directed to the sheriff of the county of Lanc. which was granted him, etc. whereupon it was commanded to the sheriff of Lan. that he cause to come before the said Justice at Lanc. upon Tues. quarta septimana XL. prox. next coming 12. &c. of the neighbourhood of C. by whom, etc. and who neither, 
Return of the Ven. fac.  etc. to recognize, etc. because aswell, etc. At which day here came the parties aforesaid, etc. in their proper persons, And E. S. Knight sheriff of the said county of Lanc. returned, before the Justices here, to wit at L. aforesaid the writ aforesaid in all things served and executed, together with the names of the jurors between the parties aforesaid impanelled annexed to the same writ, which said jury being solemnly called came not whereupon it is commanded to the said sheriff of Lanc. that he have before the said Justices here to wit at Lanc. aforesaid upon Wednesday 
jury came not.  in dec. quart Sept. 40. next coming, the bodies of the said Jurors between the parties aforesaid before impaneled, to make that jury, the same day is given to the parties aforesaid here, etc. at which day of Wednesday here to wit at L. aforesaid here, etc. came aswell the same R. as the same R B. in their proper persons, and the jurors of the jury aforesaid being called came, who being elected tried and sworn to speak the truth of the within contained, said upon their oath, ut in Recordo, where upon the same Justices at L. pe●fixed a day to the parties aforesaid before the Justices of the Lord the King of the Common Bench at Westminster, 
justice at Lanc. prefixeth a day for the parties to be at West.  to wit upon Monday n●xt after tres Pas. next to come to hear their judgement thereof, etc. therefore, etc.  
AFterwards to wit in Oct. Mich. next following, 
judgement in Banco after issue tried in the county P●ll. of Lanc. upon a mittim of the record there. P: 4. & 5 P. & Ma. rot. 632. judgement in debt.  here to wit at Westminster, which same day the same plaintiff and Defendant have by the prefixment of W, R. and N. P. Justices of the said Lady the Queen at L. to hear their judgement here, etc. came aswell the said Plaintiff as the said Defendant by their attorneys aforesaid, and the said Justices at L. sent here his record in these words, Afterwards, etc. whereupon the premises being seen and by the justices here fully understood, it is considered that the said plaintiff, recover against the said defendant his debt aforesaid And his damages to ten shillings by the jury here in Form aforesaid assessed, and also 40 s. to the same plaintiff at his request for his costs and charges v, by the Court here adjudged of increase, which said damages in the whole do amount unto 50 s. and the Defendant in mercy, etc.  
P 4. Eliz. Rot. 503. Brownlow ss. 

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

Remissio Recordi.  

The Record, remitted Justice. Lanc. upon a foreign Voucher. P: 26 H. 8. rot: 337.  AFterwards the process being continued between the parties aforesaid in the plea aforesaid, by the Jury put therein between them, is respited here until this day, to wit Oct. Mich. then next following, unless the Justices of the Lord the King assigned to take the Assizes in the County aforesaid by form of the Statute, etc. on Monday at the Feast of Saint Laurence next passed, at Salop in the said County of S. first came.  
And now here at this day came the same Executors by their Attorney aforesaid, and the same Justices of Assizes before whom, etc. sent here their Record in these words, Postea, etc. And because the Court of the King here cannot proceed further in the plaint aforesaid, therefore the said plaint is remitted to the justices of the said Lord the King of his County Palatine, to proceed in the said plaint, as of right, and according to the Law and Custom of the County Palatine aforesaid is to be done, etc. And it is said to the said F. F. Attorney of the said Executors, that the same Executors be before the justices of the Lord the King of his County Palatine of Lancaster, upon Monday in Quarta sepquadrag next coming, to answer there in his plea aforesaid if, etc.  
ss. BE it remembered, That T. E, Knight, 
H 25 H 8 rot. 121. Remissio recordi sent by the Justices of Chester into the Bench, to determine a foreign voucher, and at a day in the Bench, the Tenants make default, and the cause for that was determined.  justice of the Lord the King of Chester, the twenty third of I that same Term by virtue of a writ of the Lord the King to him directed, which followeth in these words, Henry the eighth by the Grace of God, King of England and France, and Lord of Ireland, to his justice of Chester, or to the Keeper of his place there greeting, Whereas T T in our Court, in our County aforesaid, had demanded against R. B. Esquire, T.W. and P. A. one windmill, one water-mill, &c, with the Appurtenances in N as his right and inheritance, and into which the same R. T.W and P. had to entrance, unless after the Demise which R.T. Knight, kinsman of the said T. T whose heir he is, thereof made to R. S. for a Term which is past, and which after that Term ought to revert to the said T. T. and the same R.T. and P. pleading in the same Court lately vouched thereof to warranty P.B. summoned in our County of Wilts. by the aid of our court of Chester, because the same P. B. had no lands within our County of Chester aforesaid, by which he could be summoned, which said Warranty in our said Court of Chester for the cause aforesaid cannot be determined, to the great Damage of the said T.T. and manifest hindrance of the obtaining of his Right, whereupon he hath besought us to provide him a fit remedy in this behalf. We who are Debtors to exhibit justice to every one within our Kingdom, willing to do what is just to the said T.T. in this behalf, Command you, that if it be so far proceeded in our Court of Chester, than the Record and proceed therein with all things touching the same, to our justices of the Bench under your seal, you distinctly and openly send, and this Writ, so that they may have them at Westminster in Octab. Hil. prefixing the same day to the parties aforesaid, that they may be then there to do and receive what shall be considered in our Court there in this behalf, that that warranty being determined before our said justices in the Common Bench, the said Record and proceed may be sent you, to proceed in the plaint aforesaid as of right, and according to the Law and Custom of our County of Chester is to be done witness ourselves at Westminster 6 November Anno, etc. 25,  
ANd the said justice sent there the Record and proceed of the said plaint, whereof mention is made in the said Writ annexed to the same Writ, the Tenor whereof followeth in these words, Pleas of the County of Chester, at Chester, before T. E. Knight, Justice of the Lord the King upon Thursday next after the Feast of Saint james the Apostle Anno H. 8. post Conquest. of England 25.  

Count in Entre ad term. qui pret. in the County Palatine of Chester  CHester ss. Thomas Torhet, by H. H. his Attorney in the Court of the Lord the King here, demandeth against R, B. Esquire, T W. and P A one wind mill, etc. with the appurtenances in N. as his right and inheritance, and into which the same R, T. W. and P. have no entrance, unless after the demise which Robert S. Knight Kinsman of the said T, T. whose heir he is, thereof made to R. Scot for a Term which is past, and which after that Term ought to revert to the same T. T. & whereupon he saith, that the said Robert, kinsman, etc. was seized of the Tenements aforesaid with the Appurtenances, in his Demesne as of Fee, in the time of peace, in the time of Edward late King of England, the second after the Conquest, taking thereof the profits to the value, etc. and the same Robert being so thereof seized, demised those Tenements with the Appurtenances to the said Richard Scot for a Term which is past, and from the same Robert the right descended, etc. to one Robert as son and heir, etc. and from the said Robert the son, the right descended to one Thomas as son and heir, etc. and by many descents the right came to john, and from the said john the right came to the said Thomas, who is now Demandant, as son and heir, etc. And which after that Term, &c, and thereof bringeth suit, etc.  
And the same R. B. T. W. and P. A. by T. B. their Attorney, come and defend their right when, etc. and pray licence thereof to imparl here until the next County, to wit, until Thursday next after the Feast, &c, next coming, and have it, etc. The same day is given to the said T. T. here, etc.  
At which day, here came as well the said T. T. by his Attorney aforesaid, as the same R. B. T. W. and P. A. by their Attorney here, etc. and hereupon the same R. B. T. W. and P. A. vouch thereof to warrant P. B. who hath no Lands or Tenements in the County of Chester, but all in the County of Wilts, and prayeth that the said Peter may be summoned in the County of Wilts. 
A foreigner vouched to warrant.  by aid, etc. and the said T. T. well alloweth the said vouchees, etc. let him have it, etc. And because their vouchees to warrant cannot be determined, in the said County of Chester, day is given to the parties aforesaid here, until the next County, to wit, until Thursday next after the feast of the Translation of Saint Edw. next coming, etc. And in the mean time the writ of the Lord the King may be followed, if, etc.  
At which day, further day is given to the parties aforesaid here until the next County, to wit, until Thursday next after the Feast of Saint Martin the Bishop next coming, etc. And in the mean time, etc.  
At which day a further day is given to the parties aforesaid here, until the next County, to wit, until Thursday next after the Feast, etc.  
And further the said Justice C to the Justices of the Common Bench here, to wit, at W aforesaid returneth, That he by virtue of the writ aforesaid to him directed, prefixed a day to the parties aforesaid, at the said Oct. Hil. that they should be here to do and receive as that Writ in itself commandeth and requireth.  
At which said Octab. Hill before the said justices of the Bench here, to wit, at Westminster aforesaid, 
Remandment of the plaint.  came the same T. T. by R. Jenour his Attorney, and offered himself the fourth day against the said R. B. T. W. and P. A. in the plea aforesaid, and they came not, being solemnly called but made Default, whereupon the default of the said R B T. W. and P. A. by the said justices of the Bench here being recorded, because the Court of the Lord the King cannot proceed in the plaint aforesaid in this behalf, therefore the plaint is remitted to the justices of the Lord the King, Cestr. or keeper of his place there, to proceed in the plaint aforesaid, as of right, and according to the Law and custom of the county of Chester is to be done. And it is said to the said R. I. Attorney of the said T. T. that the same T. be before the justices of the Lord the King, Cestr or Keeper of his place there at the next County, to wit, upon Thursday in S. septimana quadragessimae, next coming, there to be held, to prosecute there his plea aforesaid, if, etc.   

Secunda Deliberatio.  
H 15. Eliz. Rot. 708. 
Entry of a w●it of second deliverance after cattles were taken in Wirhernam, and the defendants attorney was compelled to gauge deliverance of the cattles taken in Withernam.  Some, ss. It was commanded the Sheriff whereas T, P. Esq. was summoned to be here in the court of the Lady the Queen here to answer P. B. of a plea wherefore he took the cattle of the said Peter and them unjustly detained against Sureties and privileges, etc. the same Peter afterwards in our said court here made default, for which it was considered here that he and his pledges to prosecut should be in mercy, etc. and that the said Thomas should go thereof without day and should have return of his Cattle aforesaid. For which it was commanded to the said sheriff that he shall make return of the cattle aforesaid to the said Thomas, and should not deliver them at the complaint of the said Peter without a writ of the Lady the Queen that shall make express mention of that judgement, and in as much, etc. the said sheriff make appear here in 8. S. Michaelis, last passed, etc.  
At which day the sheriff then returned, That before the coming of the writ aforesaid, the Cattles were cloyned to places to him unknown by the same Peter, so that he could not return them to the said Thomas as by the said writ it was commanded him, whereupon it was commanded the said Sheriff, that of the cattles of the said Peter, to the value of the cattles aforesaid, before taken in Withernam, he should take and deliver them to the said Thomas, to hold to him until he could return the cattles aforesaid before taken, and that he put by sureties and safe pledges the said Peter, that he be here in Oct. Hill. then next following, to answer as well to the said Lady the Queen of the contempt, etc. as to the said Thomas for damages and injuries to him in this behalf done.  
At which day here came aswell the said T by I. W. his Attorney, as the said Peter in his proper person, and the Sheriff now returneth here, that he by virtue of the writ aforesaid to him directed, took in Withernam of the  of the said Peter one Mare and one colt to the value of the cattles of the said Peter before taken, and those cattles delivered to the said Thomas P. to be kept until the cattles of the said Peter before taken, may be returned to the said T. P. as by the said writ to him it was commanded, 
A writ of second deliveronce granted after a withernam. Defendant prays that the plaintiff may find pledges as well to prosecute as for his second deliverance.  and that he put the same Peter by pledges I D and R R. and hereupon the same Peter prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the contempt aforesaid, and is admitted for three shillings and four pence, which the same P in the Court of the Queen here, by the command of the justices, here paid to Tho. Foster Clark of the Essoines of the Court here, for divers reparations by him here in Court to be made.  
And afterwards, to wit, at the said 8 Sancti Hillarii came here into the Court the said Peter by W. B. his Attorney, and by the statute, etc. prayeth a writ of the Lady the Queen De Secunda deliberatione, and it is granted to him returnable here, 15. Pas. etc.  
At which day here came as well the said Peter as the said Thomas by their Attorneys aforesaid, whereupon the said Thomas prayeth that the said Peter may find pledges as well to prosecute his complaint, as to return the cattles first taken, 
Pledges given.  if return of them should be adjudged, for that, that the Sheriff of the County aforesaid hath not received sufficient pledges of the said P upon the said writ of second deliverance, & hereupon the said P. here in Court found pledges as well to prosecute his complaint, as to return the cattles aforesaid before taken, 
The Plaintiff prays that the Defendants Attorney may gauge deliverance of the Cattles taken in Withernam.  if, etc. To wit, the said W B of S. in the County of Dorset, Gent. and W B. of, etc. And hereupon the said Peter prayeth that the said I. W. Attorney for the said T. P. may gauge deliverance of the cattles aforesaid taken in Withernam, and because the justices will advise of and upon the premises of making deliverance, day is given to the parties aforesaid here, A die pas. in 15 dies, of hearing their judgement therein, because the justices here, not as yet, etc.  
At which day here came as well the same P. as the same T. by their Attornye; aforesaid, and because the justices, etc. until Cro. Trin. At which day here came aswell the said P as the said Tho. by their attorneys aforesaid whereupon the premises being seen and by the justices here fully understood, 
The Court will advise.  it seemed to the same Justices here that the said I, W. attorney of the said T. P gage to the P. deliverance of the Chattles aforesaid taken in Withernam. 
Judgement that the Defendants Attorney gage deliverance for the Cattles raken in Withernam.  And whereupon the said 1 gageth deliverance of the chattles taken in Withernam, and assumed upon himself for the said Thomas that the said Thomas should make deliverance of the Cattle aforesaid taken in Withernam to the same Peter about the Feast of S. Peter next following at C. in the county of Som. at the common pound there, under the panalty of 20 l, which said 20 l. the said I. W. acknowledgeth to be made of his lands and Chattles to be levied to the use of the said P, 
The Attorney gives security in Court for his Client to deliver the Cattles above such a day. 25. E: 3. Gager 25 6 E: 4. 8. 1 H: 7. 11. 15 E: 3. Gager 4. accord that the attorney may gauge if the Defendant appear by attorney.  if it shall happen that the said T. P. not to make deliverance of the Cattle aforesaid taken in Withernam or the value of them, etc.   

Scire Facias.  
TRini. 9 Jac. Roll. 3510. 
Entry of a Scire facias upon a Recognizance against sureties in Replevin after Averia elongat. returned.  Otherwise as it appeareth in Easter Term in the 9 year of the Reign of the Lord the King now Roll. 2982, it is thus contained, London ss. It was commanded the sheriff's whereas I. A. of the City of Coventry Taylor B, A. of L. in the county of N. clerk and W. S. of C. in the county of War, Gent. to wit the fift day of Ju being there in Trinity Term in the 7. year of the Reign of the Lord now King of England, before Peter W. Knight one of the Justices of the said Lord the King of the common Bench at his chamber in Chancery Lane London in their proper persons undertook and every one of them did undertake for H. A. in the sum of 20 l. and the same H. A. then and there before the said Justices of the Lord the King in his own person undertook for himself in the sum of 40 l. that the same H. should cause to be returned to David Harris certain cattle of the same H. formerly taken by the same David and which were adjudged by the court here to the said David for the default of the said Henry, 
The Recognizance recited. See the statute West. cap: 2. 13. E: 1.  if return of them to the same David by the court here should be adjudged, which said sum of 20 l. every one of the Manucaptors do acknowledge to be levied upon their lands and chattles And which said sum of 40 l. the same Henry acknowledgeth to be levied of his lands and chattles to the use and behoof of the same David if it happen that the said Hen. make default in the premises, & thereof be lawfully convicted, which said recognizance in Form aforesaid taken, afterwards to wit the same fift day of July in the said Term of the holy Trinity in the seventh year of the Reign of the Lord the Keng now of England abovesaid the said Justices of the same court of the said Lord the King before his then Justices with his own hands delivered to be inroled upon record, 

Delivery of the Recognizance in Court to be enrolled.  
Count upon the second deliverance.   as by the record thereof remaining in the same court here manifestly appeareth, & whereas thereupon the same David was attached by the writ of the said Lord the King de Sec. Delib. to be in the Court here to wit, at Westminster aforesaid to answer the same H. A. of a plea wherefore he (such a day and year) at W. in a certain place there called Woodpark had taken the cattle (that is to say) 35. heifers of the same H. and unjustly detained them against sureties and pledges until, 
Avowry.  etc. the same David in the said court of the said Lord the King appearing for a certain reason by him alleged, as Bailiff of G. C. Kt. well acknowledged the taking of the cattle aforesaid in the place aforesaid to be just, 
Nonsuit of the Plaintiff for default of Bar to the Avowry. Return Haben. awarded.  whereupon the said Henry afterwards although solemnly called in the same court of the said Lord the King came not, nor hath not further prosecuted his said writ, whereupon it was considered in the same Court here that the said Hen. and his pledges for prosecution should be in mercy, etc. And that the same David should go thereof without day, etc. and that he should have return of the cattle aforesaid to hold to him for ever irreplevishable, whereupon the said Lord the King by his writ commanded the sheriff of Devon. that without delay he cause to be returned to the said David the cattle aforesaid to hold to him irreplevishable, 
Averia elongat. returned.  and as much, etc. he should make to appear here in Oct. Mich at which day the said sheriff of Devon. returned to the Justices here, that before the coming of the said writ to him directed, the cattle aforesaid by the said Henry A. were conveyed to places unknown to him so that he could not make return of the same cattle of the said David and therefore the said Lord the King commanded the said sheriff of Devon. that of other Castles of the same Henry to the value of the Catle aforesaid before taken, 
Capias in Withernam awayded.  he should take in Withernam, and should deliver them to the said David, to keep by him until the cattle aforesaid before taken could be returned to the same David, and that he should put by sureties and safe pledges, 
N●lla averria returned.  the said Henry that he should be here in Oct. S. Hill. aswell to answer the said Lord the King of his contempt as the same Da. of his damages & injuries in this behalf done. The same sheriff of Devon. at that day returned to the Justices here, that the same A. H. had not Cattle in his Bayliwick, 
Sci: fac: against the party and Manucaptors severally.  which he could take in Withernam, according to the Exigency of that Writ, and that the same Henry had nothing in his Bayliwick by which he could be attached, as by the record and proceed in the same court here remaining doth manifestly appear, And because, etc. That by honest, etc. it should be made known to the said I. B. W. and H. that they should be herein Oct. Pur. to show if any thing etc. wherefore the same David ought not to have execution against the same I. for the said 20 l. by him in Form aforesaid acknowledged to be levied of his lands and chattles and against the said Bartholomew for the said 20 l. by him in Form aforesaid acknowledged to be levied of his lands and Tenements, and against the said William and others as before, 
The Plaintiff officeers himself against the Defendant.  etc. according to the Form of the Recognizance aforesaid if, etc. And now here at this day came the same David by R, R. his attorney & offered himself the 4. day against the said I B, W. and H. in the plea aforesaid and they being solemnly called came not & the sheriffs of Lond now return that the same I. B. W, & H. have nothing, 
Nichil returned  nor any one of them hath any thing, nor are found, nor any one of them is to be found, etc. Therefore as before it is commanded the said sheriffs of London that they should make known to the said I. B. W. and H. that they be here 15. 
Alias Sci: fac: awarded.  Pas. to show in Form aforesaid and now here at this day came aswell the same David by his attorney aforesaid as the same I. B. W. and H. by H. W. their attorney, 
Plaintiff and Defendant come by attorney.  And there upon the same David prayeth execution against the same John for the said 20 l. by him in Form aforesaid acknowedged to be levied of his lands and Chattles and against the same Bartholomew for the said 20 l. etc. and so against the rest severally, And the same I. B. W. and H. pray liberty to imparle until Cr. Tri. and have it, etc. The same day is given to the same David here, etc. 
Execution prayed severally.   
PAsch. 9 Jac. Roll 349. Walter, Devon. ss. It was commanded the sheriff because in the record and proceed, 
Scire facias after a judgement reversed in a writ of false judgement upon a Record in Detinue.  and also in commencing of a certain plaint which was in the hundred of N. C. Esquire of N. without writ of the Lord the King between I. C. W. H. in a plea of detinue of corn which the same I. C. demanded of the same W. a writ of false judgement was given against him in the said plaint as the King is informed by the grievious complaint of the said William and as by the inspection of the Record & proceed, in the cause aforesaid which the said Lord the King now, caused to be brought before his Justices at Westminster sufficiently appeareth that false judgement was given against the same William in the plaint aforesaid, For which in the Court of the Lord the King now here before his said Justices it was considered, that the judgement aforesaid should be revoked, nulled, and altogether taken for nothing, 
Judgement reversed.  And that the same William should be restored to all things which he had lost by occasion of the judgement aforesaid, Notwithstanding because the said Io. Clerk after the judgement aforesaid in the hundred aforesaid given, and by force thereof, and pretence of a certain judicial precept, issuing out of the hundred caused to be done and levied upon one Cow of the same Willam 39 s. 11 d. for the value of the said Corn, to wit, for eight bushels of Rye and 12 d, to the same john for his costs and charges which he had and sustained by the occasion of the detention of the corn aforesaid, in the hundred aforesaid adjudged, And thereupon the said Cow was sold by which occasion the said john Clark of the said 39 s. 11 d. for the value of the said corn and of the said 12 d. for his costs and charges aforesaid in the hundred aforesaid, by virtue of the judgement aforesaid recovered, was and is satisfied, as by the relation and information of the said William the Lord the King is informed and understands, And because, etc. that by honest, etc. he should make known to the said I. C. that he should be here at this day to wit, Men. Pas. to show if any thing, etc. Wherefore the Cow aforesaid or the value of the same, or the said 10 s, and 11 d. in Form aforesaid recovered, 
Scire facias to have restitution  ought not to be restored and repaid unto the said William according to the Form and effect of the said judgement in the said Court of the said Lord the King now in Form aforesaid if, etc. And now here at this day came the same W. H. by R. S. his attorney and offered himself the 4 th'. day against the said I. C. in the plea v and he being solemnly called came not and the sheriff now returneth that he hath nothing, 
Alias Sci. fac. awarded.  etc. nor is to be found, etc. Therefore as before it was commanded the sheriff that by honest men, etc. he shall make known to the said I. C. that he be here in Cr. Trin. to show in Form aforesaid, etc.  
PAas. 13. Jac Rot. 774. Brownlow Civit. Covent. ss. It was commanded the Coroners of the City aforesaid whereas the King had commanded the late sheriff of the City aforesaid that of the lands and chattls of H. L. late of D. in the county of Cest. Gent. in their bailiwick they would cause to be made aswell a certain debt of 150. 
Scire facias directed to the Coroners and Sheriffs both, to levy a certain debt upon a fi. fac. and not paid to the party at the return of the fi. fac.  l. which H, S. in the Court of the King here, to wit, at Westminster recovered against him as 30 s. which to the same H. in the same Court of the King here were adjudged for his damages which he had by occasion of detaining of that debt and that they should have those moneys before the Justices here, to wit, at Westminster 15. Marti. last past to render to the said Humphrey for his debt and damages aforesaid whereof he is convicted, at which day here to wit, at Westminster aforesaid came the same H. by G. B. his attorney, and the sheriff's to wit, T. L. and I. B. then returned that they by virtue of the said writ to them directed, of the Chattles of the said H. have caused to be made 125 l. parcel of the debt and damages aforesaid which said 125 l. here, to wit, at Westminster aforesaid at that day they have ready, notwithstanding the same sheriffs the said 125 l. had not here in Court of the Lord the King at that day nor have satisfied the same Humphrey for the said 125 l. as by the information of the said H. to the King was made known, and because, etc. that by honest and, etc. they should make known to the same T. and I, that they should be here at this day, to wit, 15. Pas. to show if any thing, etc. wherefore the same H execution against them for the said 125 l. by them in Form aforesaid levied ought not to have, etc. if, etc. And now here at this day cometh the said H. by his attorney aforesaid and offered himself the 4 th'. day against the said T. and I. in the plea aforesaid, and they being solemnly called came not, and the Coroner, to wit, W. F. now returneth that he by virtue of the Writ aforesaid to him directed by F. N. and T. W. honest, etc. made known to the same T. and I. to be here at this day to show in Form aforesaid, &c, therefore it is considered that the said H. have execution against the same T. and I. for the same 125l. by them in Form aforesaid levied, by default, etc.  
LOndon ss. Pasch. 11. Jac. Rot. 620. 
The entry of a Sci. fac. upon a general pardon Capias ut lagat.  Brownlow ss. It was commanded the sheriffs that they should not omit for any liberty within their Bayliwick but that they should take H. H, late, etc. otherwise called, etc. utlawed in London next before the Feast of St. Dunston the Bpp. An. primo, &c at the suit of G. E. in a plea of debt if, etc. and him in safety, etc. so that they should have his body here at this day to wit, 15. Pas. to do and receive what the Court of the Lord the King here shall consider of him in that behalf, and now here at this day cometh the said Henry by W. C his attorney and sayeth that after the utlawry aforesaid against the said Henry had and published by a certain Act in Parliament of the said Lord the King now by continuance held at Westminster in the county of Midd. the 9 th'. day of Febru. in the seventh year of the Lord the King now (amongst other things) it is enacted & established by authory of the same Parliament that all and singular subjects of the said Lord the King aswell spiritual as temporal of this kingdom of England Wales the Islands of I. and G. and the Town of Barwick the heirs, successors, executors, and administrators, 
Pardon pleaded  of them and every of them, and all and singular corporations in any wise incorporated Cities, Borroughs, Counties, Rideings, etc. and every of them, And the Successor, and Successors of them and every of them by the authority of the same Parliament should be acquitted pardoned released and discharged against the said Lord the King his heirs and successors and every of them of all Treasons, felonies, offences, contempts, Trespasses, entries, injuries, deceits, misdemeanours, penalties, Sums of moneys Punishment by death, corporal punishments, and pecuniary, and generally from all other things, causes, complaints, suits, judgements and Executions, in the statute aforesaid (not excepted nor Foreprised) which by the said Lord the King by any means or in any other manner could be pardoned, before and until the 9 day of November then last passed before the making of the said Act to every or any of his subjects, Corporations, incorporate Cities, Burroughs, etc. or any of them yet so notwithstanding that every person utlawed, shall prosecute his writ of Scire Facias, against such party or parties at his or at whose Suit he or they were utlawed, before the pardon in such case be allowed to the party utlawed, as in the same Act is more fully contained, and the said Henry, further saith that the utlawry aforesaid is not excepted nor Foreprised in the same statute, 
Averment that the Utlary is not Averment that he is a Subject.  and that he is and at the time of the making of the said Act, and long before, was a subject and liege man of the said Lord the King now, born under his obedience, to wit, at London in the parish, etc. and this he is ready to verify, where when and how the Court of the Lord the King now shall consider thereof, whereupon it is not intended that the said Lord the King will impeach the said Henry by occasion of the utlawry aforesaid whereupon he prayeth judgement that he may be discharged from the said utlawry, and because it is expedient and there is a necessity that the same Griffin should be premonished for his interest in this behalf before the discharging of the same Henry from the utlawry aforesaid, be further proceeded in, according to the Form of the staute aforesaid, The sheriffs are commanded that by honest, etc. they make known to the same G. that he be here in Cr. Ascen. Dom. to prosecute against the same Henry his plea aforesaid if, etc. at which day came the same Henry by his attorney aforesaid and the sheriffs, 
Sci: fac: awarded. Sheriff's return Sci: fac: Mercy.  to wit, E. R. and A. P. now return that they by virtue of the writ aforesaid to them directed by I. W. and R. G. honest, etc. made known to the same G. of being here to this day to prosecute in Form aforesaid & he the fourth day of the plea being solemnly called came not; nor any whit further prosecute his said Writ, therefore he and his pledges are thereof in mercy, let the names of the pledges be inquired of, And that the said Henry go thereof without day, 
General Pardon allowed.  etc. and that the general pardon aforesaid be allowed him, etc.  

Count in debt upon a Sci: fac: upon the general pardon.  PAsch. 12. jac. Rot. Brownelow, return. Mense Pas. to follow in Form aforesaid, etc. and now here at this day, to wit, men's. Pas. came aswell the said William by his attorney aforesaid, as the said Tho. by R. D. his a torny and the sheriffs as before, now returneth here that he hath nothing, etc. nor is to be found, etc. And hereupon the same Tho. declaring against the said Will. upon his original writ in the plea aforesaid, said that the said W. had not rendered to the said T. 20 l. which to him he oweth, and unjustly detaineth, etc. for that, to wit, that whereas the said W. the 20. day of Octo. An. &c, 3. at London in the parish and ward aforesaid by this certain writing obligatory granted, etc.  
M 1. and 2. Eliz. Rot 1248 in a Scire facias against B. and A. upon a Recognizance, one of the defendants is alleged to be, dead, and one other process against him, and the others prayeth imparlance;  
ss THe sheriff was commanded whereas R. C. and I. his wife in the Court of the King here had recovered against I. H, 
Sci: fac: against a Tenant by Elegit, and part of the money levied, the Tenant against whom the execution was brings the residue, and a redelivery awarded.  68 s. for their damages which they had by occasion of the detaining of the dower, of the same I. of the Tenements in N. of the endowment of I, Son of I. H. her late husband as by a certain Jury of the country before the Justices of the King assigned to take the assize in the county aforesaid, such a day and year, at Wigo. thereof between them Summoned and taken, was convicted, and the same R, and I. came afterwards into the court of the Lord the King here, and chose to be delivered to them all the goods & and Chattles of the said I. H. besides the Oxen and Cattles of the Plough and likewise the moiety of all his lands, and Tenements in his Bayliwick, to hold as their free Tenements to them and their assigns accor- to the Form of the statute in such case provided until 68 s. for the damages aforesaid should be thereof levied whereupon the King commanded them, that all the goods and chattles of the said I. H., besides his oxen Cattle of the Plough, and likewise the moiety of his lands and Tenements in your Bayliwick without delay you cause to be delivered to the same R. and C. by the reasonable price and extent to hold to them and their assigns as their Free Tenement in Form aforesaid until 68 s. for their damages aforesaid should be thereof Levied, and in what sort, 
Elegit awarded Return of the Elegit.  etc. should be made Known here such a day, etc. the same sheriff to the justices of the King here at that day returned a certain extent taken before R. T. Bailiff of the liberty of the honourable. Epi. Wigor. of O. at N. on Saturday such and year, etc. by virtue of the return of a certain writ of the Lord the King● to him, by him thereof directed, by which it was found that the same Bailiff by virtue of the return of the writ of the Lord the King aforesaid delivered to the same R. and I. the moiety of all the Lands and Tenements which the same I. had in his Bayliwick, to wit, the third part of one Message and 40. acres of Land with the appurtenances in N. which said third part is worth by the year 4 d. and the said 40. acres of land are worth by the year 5 s. to hold to them and their assigns as their Free Tenement until the said 68 s. should be thereof levied and although the same R. and I. 10 s. 8 d, 

Tender of the residue of moneys by the defendant.  
Refusal by the Plaintiffs to accept it.   out of the tenements aforesaid have now leyyed, as by that extent it manifestly appeareth, and the same I. H. the whole residue of the said 68 s. to wit 49 s. 4 d. is ready to pay notwithstanding the same R. and. I. have hitherto refused to receive that money, as by the information of the same I. H. there the King is given to know, Therefore the Bailiff is commanded that by honest, etc. he make known to the said R. and I. that they should be here at this day, to wit, in Octo. Mich. to show if any thing, etc. wherefore the same R. and I. ought not to be satisfied with the same 49 s. 8 d. and the Tenements aforesaid to them before delivered, they ought not to be redelivered to the said I, H. if to them it seemed expedient and now here came aswell the same I. H. in his proper person as the same R. and I. by R. W. their attorney, 
Money brought into Court.  and the sheriff returneth that he made known to the same R. and I. of being here at this day in Form aforesaid by R. B. etc. honest, &c, and hereupon I. H. bringeth here into court 8 s. 8 d. ready to render the same R. and I. if, etc. and prayeth delivery of the Tenements aforesaid, 
Satisfaction.  etc. whereupon it is requested of the same R and I. if they have or know any thing to say for themselves, 
The moneys are paid in Court to the Plaintiff. and the Court awarded a redeliverance to be awarded to the Plaintiff.  wherefore they ought not to be satisfied with the money and to redeliver the Tenements aforesaid to the said I. H. who say that not, and hereupon the said 53 s 8 d. is delivered to the said R. & I. And it is considered by the Court that the said I. and H. shall have delivery of the Tenements aforesaid first delivered to the same R. and I. out of the hands of the same R. and I and that they go thereof without day, etc.  
SEe 21. E. 3. f. 1 Plaintiff 1. A Scire Facias awarded in Aid. 21. E. fo. 20. Pl. 21.  
ss. IT was commanded the sheriff whereas I. C. Gent. lately it the Court of the Lady Eliz. late Queen of England here, to wit, in Easter in the 36. 
Entry of a Sci fac. by an administrator against an executor. H. 2 Jac. rot. 1613.  year of her Reign before E. A. Knight and his associates then Justices of the said Lady the Queen of the common Bench here by the consideration of the same Court recovered against R. W. late of, etc. aswell a certain debt of 200 l. as 6 l. which to the said I, in the same Court were adjudged for his damages which he had by occasion of the said debt whereof he is convicted as by the record and proceed thereof in the court of the Lord the King here remaining manifestly appeareth, execution notwithstanding of the said judgement yet resteth undone. And aswell the said I as the said R. W. are dead, as by the information of R. C. Gent. administrator of the goods & Chattles which were of the said I. C. at the time of his death the King understandeth, And because, etc. that by honest, etc. It be made known to P. R. executor of the Testament of the said W. that he should be here at this day, to wit, (in Cr. Ascen. Dom.) to show if any thing, etc. wherefore the debt and damages aforesaid of the goods and chattles which were of the said W. at the time of his death in the hands of the said P. R. to be administered ought not to be made to the same I. according to the Form of the recovery aforesaid if, 
The Plaintiff shows the Letters of administration, and prays execution.  &c And now here at this day came aswell the said R. by H. H. his attorney by the said P. premonished by A. B, his attorney, and the Sheriff now returneth that he made known to the said P. of being here at this day, by G. D. and D. E. honest, etc. to show in Form aforesaid, etc. And hereupon the same R. saith that the said I. C. died intestat and that the administrators of all the goods and Chattles which were of the said, at the time of his death, by I, by Divine providence, etc. was committed, And he bringeth here into the Court the Letters Administratory of the said Archbishop, which the Commission of the Administration aforesaid, in form aforesaid testify, etc. and prayeth Execution against the said P. of the Debt and Damages aforesaid, of the goods and chattels which were of the said I. C. being in the hands of the said P at the time of his death, to be administered, to him to be adjudged, etc.  
AND the said P. saith, 
Defendant confesseth assets to 40 s. and tra●erseth that any other goods of the Intestate besides etc. came into his hands, etc. T 19 Jac rot. 2892.  That the said R Execution against him of the Debt and Damages aforesaid of the goods and chattels which were of the said W at the time of his death in the hands of the said P to be administered, ought not to have, because he protesting, saith, that the said W after the judgement aforesaid against him in Form aforesaid had, at L aforesaid, died intestate, and that divers goods and chattels which were of the said W at the time of his death, to the value of Forty shillings, after the death of the said W. into the hands and possession of the said P. came, and that the same P. the said forty shillings about the Funeral of the said W. after the death of the said W. expended, without this, that any other goods or chattels which were of the said W. at the time of h s death, besides the goods and chattels to the value of forty shillings, ever came to the hands and possession of the said P. after the death of the said W. and this, etc. Judgement if Execution, etc.  
AND the said R. saith, 
Peplication that he had more assets at tue Teste of the Writ, etc. to the value of the debt, etc. and issue thereupon.  That he by any thing before alleged from having his Execution aforesaid, of the Debt and Damages aforesaid ought not to be barred, because he saith, that the said P. the day of the obtaining of the writ of Scire facias aforesaid to wit such a day and year, had divers goods and chattels which were of the same W at the time of his death to be administered, to the value of the Debt and Damages aforesaid above recovered, besides the goods and chattels to the value of forty shillings, which came to the hands of the said P. after the death of the said W. whereof the same P. might have satisfied the said R. of the Debt and Damages aforesaid, to wit, at S. in the County aforesaid, and this he prayeth may be enquired of, by the Country, and the same Defendant, etc. Therefore the Sheriff is commanded, that he cause to come, etc.  
THe Jury say upon their oath, 
Verdict that he had assets to 30 l. at the Teste, etc. over● etc. and no more, etc.  as to thirty pounds of the within written two hundred and six pounds' parcel, that the said P. the day of purchasing of the said Writ of Scire facias, to wit, such a day and year, had divers goods and chattels which were of the within named W at the time of his death and in his hands to be administered, to the value of the said thirty pounds, besides the goods and chattels to the value of the said Forty shillings, which came to the hands of the same P. after the death of the same W to be administered, whereof the same P might have satisfied the said R. of the said thirty pounds, 
Verdect for the Defendant.  to wit, at S aforesaid, as the same R hath thereof within alleged, and as to the seventy four pounds of the within named two hundred and six pounds' residue, the same jury say upon their oath, That the same P. the day of purchasing of the Writ of Scire facias, to wit, such a day and year, had no Lands or Chattels which were of the within named W. at the time of his death in his hands to be administered, to the value of the said one hundred seventy four pounds, beside the goods and chattels, to the value of the said forty shillings, 
Judgement.  which came to the hands of the said P. after the death of the same W. whereof the same P. could satisfy the same R. of the said one hundred seventy four pounds, to wit, at S. in the County aforesaid, as the same P. thereof within alleged, therefore, etc. search the Judgement with Mr. Brownlow.  

Entry of a Sci: fac: against an executor of one Manucaptor, of three Manucaptors upon a Recognizance of bail upon an arrest in debt, etc.  P 1. Jac. rot. 817. Middlesex ss. It was commanded the Sheriff, whereas by I R of B, etc. H D of C. etc. and T. M. of C. etc. of late, to wit the twentieth day of April, Anno 41 Eliz. before E. A. Knight, chief Justice of the Court of Common Bench of the said Lady the Queen here at his dwelling house in the Charterhouse near London undertook, and every of them did undertake for M. T. late of London, etc. otherwise called, etc. in the County of Somerset Gent. in one hundred and fifty pounds. And the same Morgan then and there assumed for himself in three hundred pounds and if it should happen the same M in a certain plea of Debt, upon Demand of one hundred and fifty pounds against the same M by one Elias I in the said Court of the Lady the Queen of the Common Bench, 
Recital of the recognizance.  here prosecuted in any lawful manner to be convinced, and Judgement for the same E in the plea aforesaid, against the said W. in the said Court to be given, that then the same M. the said Debt of one hundred and fifty pounds and also all Damages to the said E by occasion of the detaining of the said Debt, in the same Court of the late King against the same M in any manner to be assessed or adjudged, would satisfy and render, which said one hundred and fifty pounds the same I H and T M severally acknowledge to be made upon their Lands and Chattels, And which said three hundred pounds the said M acknowledgeth to be likewise made of his Lands and Chattels, and to Be levied for the use of the said E if it should happen the same M contrary to the Manucaption aforesaid in any manner to make Default, And although the same E afterwards, 
Judgement against the principal Hil. 42 Eliz:  to wit in the Term of Saint Hillary, Anno 42 Eliz. before E. Anderson Knight and his Associates, than Justices of the said Lady the Queen of the Bench aforesaid, by consideration of the same had recovered against the same M. as well the same one hundred and fifty pounds at the same forty shillings which to the same E in the same Court of the Queen here were adjudged for his Damages, which he had by occasion of the detaining of that Debt whereof he is convicted, as by the record and proceed therein in the same Court of the said late Queen here remaining manifestly appeareth.  
Nevertheless, the same M. hitherto hath not satisfied the same E. of the Debt and Damages aforesaid, 
Breach of the Recognizance.  nor in the same Court here hath rendered his body in Execution for the Debt and Damages aforesaid, according to the Form of the Recognizance aforesaid, and the said T M is dead, as by the information of the same E the King is given to understand, And because, etc. that by honest, etc. he make known to A M Widow, 

An Alias Sci. fac. was awared, and continuances & divers imparlances ought to be here.  
The Defendant pleads assets to the value of 36 l. 5 s. came to her hands after the death, etc. and pleads a judgement against the Testator in his life time in London upon concessit solvere, and that she had imploye● part of the assets about the funeral, part about the the probate of the will, part to compound the judgement, and the residue brings here into Court ready to pay: etc. with plea that she hath no more, etc.  
The plaint levivi●d.  
The plaintiffs find pledges to prosecute and make their Attorney.   Executrix of the testament of the same T. M. of being here at this day to wit, in Cro Asc Dom, to show if any thing, etc. wherefore the same one hundred and fifty pounds by the same T in form aforesaid acknowledged, of the goods and chattels of the same T. at the time of his death being in the hands of the said A to be administered, to be made, and ought not to be rendered to the same E. according to the Form of the Recognizance aforesaid, if, etc.  
And now here at this day came aswell the same E. by A his Attorney, as the same A by D D her Attorney, and the Sheriff now returneth, that she hath nothing, etc. nor is found, etc. And hereupon the same E prayeth Execution against the same A for the said one hundred and fifty pounds in Form aforesaid acknowledged, of the goods and chattels which were of the same T at the time of his Death in the hands of the same A Being to be administered, to be adjudged him, etc.  
And the said Ann saith, That the said E. ought not to have Execution against her for the said one hundred and fifty pounds by the same T. M. in Form aforesaid acknowledged, of the goods and chattels which were of the same T. at the time of his Death in the hands of the said A to be administered, because the saith, That after the Recognizance aforesaid, by the same T. M. in Form aforesaid acknowledged, and before the same Term of Saint Hlllary, Anno 42 of Queen Eliz. abovesaid, to wit, the tenth day of December, Anno 42 Eliz. etc. abovesaid, in the Court of the said late Queen held at the City of London be●ore R. C. Alderman, than one of the Sheriffs of the City aforesaid in his Counter, situate in the parish of Siant Michael in Woodstreet, London, according to the custom of the same City, from the time whereof no memory is extant, used & approved in the same, came certain M C and I W in their proper persons, & then and there by the name of M C and I W. of London Brewers, levied a certain plaint against the said T. M. in his life time by the name of T M etc. in a plea of Debt upon demand of a hundred pounds, and then and there found pledges to prosecute that plaint, to wit, I. D. and R. R. and then and there in the same Court put in their places, T H their Attorney against T M. of the plea aforesaid. And afterwards, to wit, at the Court of the said late Queen held at Guild Hall of the City aforesaid situate, in the parish of Saint Laurence in the Old Jury London, the ●ourteenth day of January, Anno 42 Eliz. abovesaid before the same Sheriff came the said M and I. by their Attorney aforesaid, 
The Defendant appears gratis, and pleads at the peril of the plaintiff. Note, That such form is the Common form of bails in London.  and offered themselves against the said T. in the plea aforesaid, whereupon the same T. M. in the same Court, then and there, in his proper person likewise came, and freely offered himself to answer the said M and I. in the plea aforesaid, whereupon the said T. M. afterwards in the same Court was bailed by I. D. and R. R. at the instance and peril of the same M and I. according to the custom of the City aforesaid, to have the same T. M. at the said Court, the same fourteenth day of January, at Guildhall aforesaid, to be held according to the custom of the City aforesaid, and so afterwards from Court to Court, until the end of the plea, 
Form of the recognizance.  of the plaint aforesaid, to answer the same M and I in the plea aforesaid, according to the custom of the City aforesaid, and the said T. M. then in the same Court, put in his place F. T, against the said M and I. in the plea aforesaid, whereupon afterwards, to wit, at the Court of the said Lady the Queen held at Guildhall, aforesaid, 
Defendant makes his Attorney.  before the sa d then Sheriff, the sixteenth day of January Anno 42 Eliz. abovesaid, came as well the same M and I as the said T. by their Attorneys aforesaid, and the same M and I by their Attorneys aforesaid, declared against the said T of and upon their plaint aforesaid, in manner and form as in these words followeth, ss. M. E. I. W. etc. by T H. their Attorney, demand against T. M. etc. as in the Count, word for word, 
Count upon a Concessit .  until Praedict. sextam, etc. And the same T by his Attorney aforesaid, then and there acknowledged the Debt aforesaid to be true, whereupon then and there it was considered in the same Court of the said Lady the Queen, That the same M and I should recover against the same T, their Debt aforesaid, together with nine shillings four pence, 
Judgement by confession of the debt.  for their Damages, costs and charges by them, in and about their suit in that behalf laid out, and that the said T should be in mercy, etc. as by the Record aforesaid in the same Court of the said late Queen remaining more fully appeareth.  
And the said Anne further saith, That the said T. M. after the judgement aforesaid against the same T. in the said Court of the late Queen in Guildhall aforesaid in Form aforesaid given, to wit the thirtieth of December Anno, etc. at London, in the parish, etc. made his last Will and Testament in writing, and the same A constituted and ordained Executrix of the Testament aforesaid, 
The death of the Defendannt  and afterwards such a day and year, at London, in the parish and ward aforesaid, the same M and I of the same one hundred pounds & nine sh llings and four pence, in form aforesaid recovered, not being satisfied, after whose death the same A took upon her the burden of the Execution of the Testament aforesaid, & divers goods and chattels which were of the said T. at the time of his Death, 
Expenses about the Fnner all.  to the value of thirty six pounds and five shilli. after the Death of the same T came to the hands and possession of the same A whereby the same A 4. pounds of the said thirty six pound five shillings about the Funeral of the said T after the death of the same T expended, 
Expenses about proving the will.  and the same A twenty seven shillings of the said thirty six pounds five shillings about the probate of the Will aforesaid, as Executrix of that Will, after the Death of the said T likewise Expended, And the same A further saith, That she after the Death of the same T. and before the same A had any notice of the said Debt, of one hundred and fifty pounds, by the same T in his life time to the said E. in Form aforesaid acknowledged, and before the day of purchasing the Writ of Scire facias of the said E. E. to wit such a day and year, at London in the said parish of Saint Laurence, in the Old Jury, London, 
Payment of the judgement before notice of such debt and suit.  paid to the same M and I twenty five pounds and eight shillings, of the said thirty six pounds and five shillings in full satisfaction and payment of the said one hundred pounds nine shillings and four pence, to the same M and I in Form aforesaid owing, as by the Record thereof in the same Court of the said late Queen at Guildhall aforesaid remaining, manifestly appeareth. And the same A further saith, That neither the same T at the time of his Death, nor the same A after the Death of the same T. before the Day of purchasing the said Writ of Scire facias, nor at any time afterwards, 
Nothing else in her hands but goods to such a value which the executrix brings into the Court to pay the plaintiff in part of his debt:  had any goods or chattels which were of the same T at the time of his Death, in her hands to be administered, besides goods and chattels to the value of one and thirty pounds five shillings, by her in Form aforesaid administered, and besides the goods and chattels to the value of ninety shillings residue of the said thirty six pounds five shillings, yet remaining in the hands of the said A not administered, which said sum of ninety shillings, the same A bringeth here into Court to pay the said E, and this she is ready to verify, whereupon she prayeth Judgement if the same E ought to have execution against her for the said 150 l. etc.  
ANd the said E. saith, That he by any thing before alleged, 
Replication that no such record of recovery is had in London:  from having his Execution aforesaid against the same A. for the said one hundred and fifty pounds by the same T. in form aforesaid acknowledged, of the goods and chattels which were of the said T. at the time of his death in the hands of the said A to be administered, ought not to be barred, because he saith, That there is not had any such Record of the plaint aforesaid, between the same M. and I. and the same T. in the Court aforesaid remaining, as the said A hath above alleged, and this he is ready to verify, whereupon as before, he prayeth Judgement and Execution against the said A. of the said one hundred and fifty pounds by the same T. in form aforesaid acknowledged of the goods and chattels which were of the said T. at the time of his death, being in the hands of the said A to be administered, to him to be adjudged, etc.  

rejoinder, that such a record is had of a recovery in Lond.  ANd the same A. as before saith, That such a Record is had of the plaint aforesaid, between the same M and I. and the said T. M. in the Court aforesaid remaining, as she hath above alleged, and this she is ready to verify here, when and how, the Court of the Lord the King here shall consider.  
And hereupon the same A further saith, That the Mayor, Sheriffs, and Aldermen of the City of London, 
Custom of L. alleged by the defendant.  amongst other Liberties, Franchises, and privileges, of the Citizens of London, by divers late Kings and Queens of England, progenitors of the Lord the King now granted, and by the said Lord the King now confirmed, they have their liberty, that they ought to record every Record pleaded before them, made or had, presently and not otherwise and therefore prayeth for, that the Record aforesaid being now in the custody of the sheriffs of the City aforesaid, 
A certiorare awarded to the Sheriffs of L. to certify, etc.  a writ of the said Lord the King to be directed to the said now Sheriffs of the city of L, to certify the lustices here whether such a Record be had, or not, and to her it is granted, etc. Therefore the Sheriffs of London are commanded, that searching the Records, and other memorables upon Records, in the time of the said late Sheriffs of London, being in the custody of the said now Sheriff, they make appear to the justices here in Cr. Trin. whether there is had such a Record of the plaint aforesaid in their custody, as the said A. hath above alleged or not, the same day is given to the parties aforesaid here, etc.  
AT which day here came the same E. by his Attorney aforesaid, and the same A. the Record of the plaint aforesaid by her above alleged, 
Judgement for the plaintiff for failer of the record.  here at this day hath not, but made Default thereof, therefore it is considered, that the said E. have Execution against the said A. of the said one hundred and fifty pounds by the said T in form aforesaid acknowledged, to be levied of the goods and chattels which were of the same T. M at the time of his death, in the hands of the said A to be administered, etc. Brownlow.  

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

Note and study the diversity, 19 H 6 19 tr. Record 24. Continuance of ●ul. tiel. record  NOte, That the Court held, that the Defendant ought to procure the Record to he certified at his peril, and not stay the Return, or certificate of the Sheriffs, against the opinion of Master Brownlow Prothonotary.  
ANd hereupon by the consent of the said Plaintiff, further day is given to the said Defendant to have the Record aforesaid by him above pleaded, here until in Oct. Mich. To show in form aforesaid, etc.  
T 43 Eliz rot. 1822. Gibson against Brooke, 

Bar upon a Sci. fac. against an executor to have execution of his proper goods after a Devastavit. returned upon in a writ to inquire what goods came to his hands, after suggestion that divers goods came to his stands, and that he had wasted them after a Nulla bona returned upon a fi. fa. of the goods of the Testator.  
Suggestion that the executor had wasted divers goodr of the Testator.  
See the new book of entries, fol. 268. 269. 271 and 272. pl. 5. Pet●fers case title error. A writ of fi. fa. de bonis testatoris with a writ of inquiry what goods of the testator the executor had wasted.  
M 2 Jac. rot. 1812 H 6 Jac. rot. 1806. H against B. T 38 Eliz. rot: 910 demurrer upon Scire facias quod bre. est insufficiens H: 33 Eliz: rot: 612: W against S, H 9 H 6 rot: 134:  
Return vic: per inquest. de office: That the goods of the Testator to the value of 110 l after the death of the testator, came to the hands of the executor to be administered, and that the executor had wasted the goods: Scire facias awarded against the executor to have execution of his proper goods.   ss. Otherwise as it appeareth in Hillary Term last passed, roll 1434 London ss. It was commanded the Sheriffs that of the goods and chattels which were of W B late, etc. at the time of his death in the hands of G B. Executor of the Testament of, etc. in their Bayliwick. they should cause to be made as well a certain Debt of a hundred pounds which T G in the Court of the Queen here recovered against him, as six pounds, as forty shillings, which same T. in the said Court here were adjudged for his damages, etc. Re. Oct. Hillar.  
And now here at this day, etc. and the Sheriffs Nichil, etc. And hereupon it is testified in the same Court, That the same G. after the death of the same W sold divers goods and chattels which were of the said W. at the time of his death, and the moneys received for those goods and chattels converted into his own use, and the residue of the goods and Chattels which were of the said W were eloyned, or to his own use converted, with the intention that the said Execution should not be done, Therefore it is commanded the Sheriffs that of the goods and chattels which were of the said W at the time of his death, being in the hands of the said G. they should cause to be made the Debt and damages aforesaid If they can be found in their Bayliwick, otherwise by the Oath of honest and lawful men of their Bailiwick they should make diligent enquiry, what goods and chattels that were of the said W at the time of his death by the said G after the death of the said W are sold or eloyned, or converted to the use of the said G. and what they shall find by that Inquisition, the sheriffs should make appear here such a day, under their seal etc. and seals, etc. the same day is given to the said T here, etc.  
At which day here came the said T by his Attorney aforesaid, and the Sheriffs, to wit, T. C. and W. C. now return a certain inquisition taken before them, at Guild Hall, of the City of London, by the oath of twelve, etc. by virtue of the Writ aforesaid taken, by which it is found, that divers goods and chattels which were of the said W. B. at the time nf his death, to the value of one hundred and ten pounds, came to the hands of the same G. B. after the death of the same W. B. to be administered, and that the same G. had converted all the same goods and chattels to his own use, Therefore it is commanded the Sheriffs that by honest and lawful men of their Bailiwick, they should make known to the said G that he should be here alia die to show if he had, or knew any thing to say for himself, wherefore the said T Execution against him for the Debt and Damages aforesaid of his own goods and chattels, ought not to have, etc. according to the Form of the Recovery aforesaid, if, etc.  

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

Defendant appears  And now here at this day came as well the same T. by his Attorney aforesaid, as the said T. premonished, etc. by T. W. his Attorney, and the sheriffs now return that the said G hath nothing, etc. nor is found, etc. & hereupon the said T prayeth Execution against the said G of the Debt and Damages aforesaid, 
Prays Execution of his proper goods, Quere  of the proper goods and chattels of the said G to be levied, to him to be adjudged, etc. Quaere if such a Writ be usual, See Petifers' case, Coke 5 fol. 32. That such writ, Est male.  

Barr by confession that execution ought to be against him for the damages of his proper goods, but as to the debt pleads fully administered, before the Teste of the original against funerals and payment of debts, and that he had not the goods found by the inquisition, nor wasted, etc. and the eupon a demurrer, Plene administravit specially pleaded, about funerals, payments of debts, and other necessaries, &c: And traverseth the waist found by the inquest of office: Judgement for the defendant after demurrer Nota  And the same G as to the Damages aforesaid, saith, That he cannot gainsay but the same T ought to have Execution against him for those Damages, of the proper goods and chattels of the said G. according to the recovery aforesaid, therefore it is considered, that the said T. have Execution against the said G. of the Damages aforesaid, of the proper goods and chattels of the same G. according to the Recovery aforesaid, and as to the Debt aforesaid, the said G. saith, That the same T ought not to have Execution for that Debt, of the said proper goods and chattels of the said G by pretence of the Recovery and inquisition aforesaid, because he saith, That he before the day of purchasing the Original writ of the said T. fully administered all the goods and chattels which were of the said W.B. at the time of his death, about the Funeral and payment of Debts of the said W. and other necessary things, to be done and administered, by the same G as Executor of the Testament of the same W. and then, nor at any time afterwards, had not, nor yet hath, any goods or chattels which were of the said W B in his hands to be administered, nor goods or chattels in the inquisition aforesaid above contained, or any of them, or any other goods which were of the said W B at the time of his death, to his proper use converted, or otherwise wasted, and this he is ready to verify, whereupon he prayeth judgement if the said T execution against him for the Debt aforesaid of the proper goods of the said G. by pretence of the Recovery and Inquisition aforesaid, in Form aforesaid, aught to have, etc. And thereupon the plaintiff demurs in law, and judgement for the Defendant, which judgement was afterwards reversed in the King's Bench by writ of Error.  
That the first issue was, Non est factum Testatoris, and found against the Defendant, and thereupon judgement, and a Fieri Facias, and the sheriff returned Nichil, and upon a Testat. Devastavit a writ of ad inquirend. de Wast, and waste found by Inquisition, and thereupon this Scire facias to the Defendant who appears and pleads.  
Two Scire facias.  
Where the Defendant pleads Plene administravit, 
Nota.  and assets are sound and judgement thereupon, and the sheriff returns a devastavit, such special Devastavit is not a good plea, for that it is contrary, and repugnant to the sheriffs Return; but in such case, such Inquisition may be traversed.  
HIll. 33. Eliz. rot. 612. Between W and S. Scire facias against an Executor upon a surmise, that the Executor had wasted the goods of the Testator against which Judgement was given, and in that case, the Defen. after Trial, and a special verdict given, compounded with the plaintiff by the advice of I. P. Knight, chief Justice of England.  
M 39 and 40. Eliz Rot. 110. ss. Otherwise as it appeareth, etc. as in the Scire Facias, and award the Alias Scire Facias, 
Bar upon an Alias Sci: fac: upon a recognizance of privilege, where one makes default and the other pleads in bar, payment of the condemnation at the peril of the Principal against him before the Teste of the first Scire facias. Execution awarded against one of the Conuzers by default, etc.  and now here at this day, to wit, at the said, Tres Tri. came aswell the said I. by his Attorney, aforesaid, As the said S. by I, E. his attorney, And the said H. the fourth day of the Plea came not, but made default, And the sheriff as before now returneth, that the said H. hath nothing, nor is Found, etc. And hereupon the said 1 prayeth execution against the said H. of the said 50 l. by him in Form aforesaid acknowledged, to him to be adjudged, etc. Therefore it is considered that the said I. have execution against the said H. for the said 50 l. by him in Form aforesaid acknowledged by default, etc. And further the said 1 prayeth execution against the said S. of the said 50 l, by him in Form aforesaid acknowledged to him to be adjudged, etc. And the said 1 prayeth licence thereof to imparl here until Oct. Mich. And hath it, &c, the same day is given to the said I. here. &c, and now here at this day, to wit, at the said Oct. S. Mich. came here aswell the same I. as the said S. by their attorneys aforesaid, And hereupon the same I. as before prayeth execution against the said S. of the said 50 l. by him in Form aforesaid acknowledged to be adjudged him, &c,  
ANd the said S. saith that the said I ought not to have execution against him for the said 50 l. in the Form aforesaid acknowledged, 
Bar that the principal after the recovery, and before the Teste of the Sci: fac: paid to the Conuzee, the debt and damages recovered.  because he saith that the said E after the judgement aforesaid given, And before the day of the purchasing of the said first Writ of Scire Facias, to wit, T. Die. and An. paid to the said I the debt & damages aforesaid, by him against the said E in form aforesaid recovered according to the form and effect of the Recognizance aforesaid, And this he is ready to verify, where upon he prayeth Judgement if the same I. ought to have execution against him for the said 50 l. by him in Form aforesaid acknowledged, etc. 
Replication that the principal, non solint, and issue thereupon.   
ANd the said 1 saith, that he, by any thing before alleged, ought not to be repelled from having his execution aforesaid of the said 50 l. against the said S. by him in Form aforesaid acknowledged, because he saith that the said E. after the judgement aforesaid given, and before the day of purchasing of the said first writ of Scire Facias, hath not paid to the same I. the debt and damages aforesaid, by the same I. against the said E. in Form aforesaid recovered, according to the Form of the Recognizance aforesaid, As the said S. hath above allowed, and this he prayeth may be inquired of by the Country, And the said S. likewise Therefore 12. etc.  

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

The Sheriff returneth quod milli sunt Tenements.  
A Testat. sci. fac. prayed. Corn Testat sci. fac. awarded to the Tertennants in a foreign County   or any time afterwards, and here upon it is testified in the same court of the Queen here, that there are divers lands and Tenements in the county of C. which were of the said I. at the time of the judgement aforesaid given and afterwards, whereof he might make and levy the debt and damages aforesaid, and prayeth a writ of the Lady the Queen to be directed to the sheriff of Cornwall, to premonish the tenants of the lands and Tenements which were of the said I. in Oct. S. Mich. An. 30. and 31. abovesaid which day judgement was thereupon given or at any time afterwards in his Bayliwick that they be here 15. Pas. to show, etc. And now here at this day, to wit, the said 15, Pas. came the same H. by his attorney aforesaid, and offered himself the 4th. day against the Tenants of the lands and Tenements which were of the said I. at the time of the judgement aforesaid given or at any time afterwards, in the plea aforesaid, and they being solmnly called came not, and the sheriff of Cornwell, to wit C. T. Esquire now returneth, that he by virtue of the writ aforesaid to him directed, such a day and year, 
Tertenant returned of a Message, and thirty acres of land.  by W. N. and H. F. honest, etc. made known to R. D. Tenant of one message and 30. acres of land with the appurtenances in T. C. now or late in the tenure of I. C, and L M which were of I C in Fee simple at the time of the judgement given, and afterwards, that he should be here at this day to show in Form aforesaid, etc. Therefore it is considered that the said Hugh have his execution against the said R. D. Tenant of the debt and damages aforesaid, to be levied, 
Judgement.  of the said Massuage and 30, acres of Land with the appurtenances, 
Execution by default, for the debt and damages aforesaid to be levied of the lands and tenements aforesaid. Elegit of the moiety awarded of the lands.  for default of the said R. and hereupon the said H, chose to be delivered to him, the moiety of the said message and 30. acres of land with the appurtenances, according to the Form of the Statute thereof made and provided, until the debt and damages aforesaid be thereof levied, and prayeth a writ of the said Lady the Queen thereof, to be directed to the said sheriff of the County of Cornwall, and it is granted him, retornable here, tres Trin. And in as much, etc. Brownlow,  
H 43. Eliz, Rot. 157. Suff. ff. Scire fac. For Seaman against the Ter-tenants of T. L Re. in Cr. Trini. 41. Eliz. upon a Recognizance for 60 l. 33 s. 4 d. for damages, For P L returneds tertenant of divers lands, etc. saith that the said T L before the said judgement 10. of August 35. Eliz, enfeoffed I. and T Brown to the use of the said Tho. and his heirs males, and that he was seized in Spec. Fee-tail, at the time of the judgement given, and that he 11. Sept, 41, died seized in tail: And that the Lands descended to the said P, as Son and heir and that he entered and was seized in Spec. Taile, judgement if execution, &c, the Plaintiff saith that T was seized in fee simple, 
Entry of a Sci: fac: upon a bail to make deliverance after gage deliverance of Cattles in Court, against the Manucaptors because the Conusor had not made deliverance. 1 H: 7: 11. & 21 E 3. B●: Pledges 9 & 18.  at the time of the judgement given, and traverseth the Feoffment, modo et forma.  
HAs. 33. Eliz. Rot. 2045. ss. It is commanded the sheriff whereas G. G. of, &c, R, S. of, etc. in the Court of the Lady the Queen here, to wit, in the Term of St. Hillary An. etc. 82, Before E.A. Knight. etc. of the bench here, to wit, at Westminster aforesaid had undertaken and both, of them did undertake for S G that the same S should make deliverance & return of 6. Cows to E C before the Feast of the Apostle P. & I than next following under the penalty of both of them 40 l. which said 40 l. the same G S acknowledged and each of them acknowledgeth, to be made of their Lands and Chattles and to believed to the use of the said T. E. if the said S. G should not make deliverance of the Chattles aforesaid to the same T. according to the Form and effect of the recognizance aforesaid, And the same S heitherto hath not made deliverance of the Chattles aforesaid to the said E. according to the Form of the recognizance aforesaid, as by the information of the said T. the Queen understandeth, And because, etc. that by honest, etc. he make known to the said G. and S. that they should be here at this day, to wit (tali di.) to show if any thing, etc. to wit the said G. wherefore he the said 40 l by him in Form aforesaid acknowledged, of his lands and chattles, And the same S. wherefore the said 40 l. by him in Form aforesaid acknowledged of his Lands and chattles and either of them ought not to be made and rendered to the same T. according to the form of the recognizance aforesaid if, etc. At which day here came aswell the same T. by F. E. his attorney, as the same G. and S. in their proper persons, and hereupon the same T. prayeth execution against the same G. of the said 40 l. by him in Form v acknowledged, etc. and against the said S. for the said 40 l. by him in Form aforesaid acknowledged, 
Test: Nichil: dic.  to be adjudged by him, etc. And the said G. and S. reserving to themselves all and all manner, etc. Pet. tit. entry of a Nihil dic. hereupon, Mich 34. Eli. Rot. 1813.  

Entry of a Sci: fac: upon a recognizance taken to make deliverance upon a gage deliverance against Manucapt. because the Conusor had not made deliverance.  ss HIll. 18. Eliz. Rot. 405. ss. It is commanded the sheriff whereas H. N. late, etc. and G. H. of, etc. lately in the Court of the Queen here to wit in Trinity term An. 17. etc. before I. D. Knight and his associates Justices of the Lady the Queen here of the common Bench, and undertook for W. C. that the said W. should make deliverance and return of ten Oxon, or of the value of them to T. H. upon the tenth day of June than next following within the Church yard of the parish Church of S. in the county of S. under the penalty of 200 l. which said 200 l. the said H. and G. acknowledged to be made of their lands, and Chattles, and to be Levied to the use of the same T. and D. the said W. made not deliverance of the Cattle aforesaid, nor of the value of them according to the Form of the racognizance aforesaid, as by the information of the said T and D the Qu. understandeth, 
T: 9 Jac: rot: 3: 510.  and because, etc. that by honest, etc. he make known to the said H. and G. that they should be here at this day, to wit in Oct. S. Hill. to show if, etc. wherefore the same T. and D. ought not to have execution against them of the said 200 l. according to the Form of the recognizance aforesaid, 

Sci. fac: in a writ De droit de guard.  
Sci: fac● upon judgement in debt and detinue.   if, etc. And now here at this day came aswell the said T. & D, by their attorneys aforesaid, as the same H, and G. by F. their attorney, And the sheriff now returneth that they have nothing, etc. nor are found, &c, And hereupon the said T. and D. pray execution against the same H. and G. of the said 200 l. to be adjudged them, etc.  
H 10. H. 6. Rot. 141. Scire Fac Upon a judgement in a writ, de droit de Gard. P. 2. H. 7. Rot. 50, Scire Fac, upon a judgement in detinue for Cattle and for Debt.  
ss IT was commanded the sheriff, whereas I. P. one of the attorneys of the Court of the Lady the Queen here of the common Bench, lately in the same court of the Lady the Queen here, to wit, 1. Feb. An. 25. before F. A. Knight and his associates then Justices of the Lady the Qu. of the common Bench here, 
Entry of a Sci: fac: against an heir upon a judgement against his father in debt, and an Elegit awarded.  by the consideration of the same Court had recovered against I. K, Kt. aswell a certain debt of 12 l. as 16 s. and 4 d. which to the same I. P. in the same court were adjudged for his damages which he had by occasion of detaining of that debt whereof he is convicted, and by the record and proceed therein in the same court of the Queen here remaining, manifestly appeareth, Nevertheless execution of the judgement aforesaid yet remaineth undone, 
M: 26, & 27. Eliz. rot.  and the same I. K, Knight is dead, as by the information of the said I, P. the Queen understandeth, And because, etc. that by honest, etc. he make known to I. K. Esquire son and heir of the said I. K. Knight, and now tenant of all the Lands and Tenements which were of the said I.K.Kt. in Fee simple, at the time of the judgement aforesaid given, that he should be here at this day, to wit, in Cr. Anim, to show if any thing, etc. wherefore the said 12 l. 6 s. and 13, s. 4 d. ought not to be made of the lands and tenements which were of the said I. K, Knight in Fee-simple at the time of giving of the Judgement aforesaid in his bailiwick, being in the seisin of the said I. K. the son and rendered to the same I. B. according to the form of the recovery aforesaid, And now here at this day came the same I. P. in his proper person and offered himself the 4. day against the said I. K. the son in the plea aforesaid. And he being solemnly called came not, and the sheriff now returneth that he hath made known to I K the son of being here at this day by I D and R F honest, etc. Therefore it is considered that the said I P have execution against the said I K the son of the said 12 l. 6 s. and 13 s. 4 d. to be levied of the lands and tenements which were of the said I K Kt. in Fee-simple, at the time of giving of the judgement aforesaid, being in the seizure of the said I. K. the son by default, etc. and hereupon the same I. P. hath chosen to be delivered to him the moiety of all the Lands and Tenements, which were of the said I. K. Knight in Fee-simple being at the time of the judgement aforesaid given in the seisin of the said I. K. the son to be levied according to the form of the statute thereof made and provided, until the said 12 l. 13 s. 4 d. be thereof levied, and prayeth a writ thereof to be directed to the sheriff of the County aforesaid, And it is granted to him retornable here in Oct, S. Hill. etc. quaere de rest▪ form,  
H 3. Jac. Rot. 308. ss. 
Entry of a Sci: fac. against an heir and judgement thereupon by default upon a judgement had against the Father deceased in the time of another King.  It was commanded the sheriff whereas R. S lately in the court of the Lady Eliz. late Queen of England, to wit, in the Term of the holy Trinity An. 30. before E. A. Knight, etc. by the consideration of the same Court had recovered against T S late, &c, aswell a certain debt of 40 l. as 40 s. which, etc. as by the record and proceed here in the Court of the Lord the King now here remaining, manifestly appeareth, notwithstanding execution, etc. And the same T is dead, as by the information of the same R. etc. and because, etc. that by honest, &c, that he make known to W S son and heir of the said T. who hath lands and Tenements which were of the said T in Fee simple, in Cr. Tri. An. etc. or at any time afterwards, that he should be here at this day, to wit, in Oct. Hill. to show if any thing; etc. wherefore they ought not to make the debt and damages aforesaid, of the lands and Tenements, aforesaid, being in the county aforesaid and render them to the said R. according to the Form of the Recognizance aforesaid if, etc. And now here at this day came the same R, by I H his attorney aforesaid, and offereth himself the fourth day against the said W. in the plea aforesaid, and he being solemnly called came not: and the sheriff now returneth that he had made known to the said W. son and heir of the said T. and tenant of two messages and 100 acres of land, 
Scit fac: returned.  with the appurtenances in M. in his county that he should be here at the said Octab. S. Hilli. to show in form aforesaid, etc. by I. K. and L. I. honest, etc. and hereupon the same R. prayeth execution against the said W. of the debt and damages, of the lands, and Tenements aforesaid which were of the said T. in Fee simple in the said morrow of the holy Trinity, to him to be adjudged, etc. Therefore it is considered that the said R. have execution against the said W. of the debt and damages aforesaid to be levied of the tenements aforesaid by default, etc. Inquire of the form of this writ,  
P 4. J. Ro. 25 57, Upon a Recovery in debt against G. K son & heir of W K. by I. Harper Sci. fac. to the Tenants of the lands & Tenem. which descendeth to the said G. in fee simple from the said William his Father And which were of the said G. 12. die Febr. An. 42, Eliz. which day the said john Harper purchased his original writ in debt against the said W. that he should be here in Oct. Hill. etc.  

Entry of a Sci: fac: brought by an executor against an h ire upon judgement against his Father, etc.  H iii. 5. Jac, Rot. 1011. Otherwise as it appeareth in the Term of the holy Trinity An. 5. Rot. 9 It is thus contayend, Corn. ss. It was commanded the sheriff whereas W. W. Gent. lately in the court of the Lady Eliz. late Queen of England, to wit, in Mich. Term An. 37, and 38. before E A Knight and his associates then Justices of the said late Queen in the Bench here, to wit, at Westminster, had recovered against I C late of, etc. aswell a certain debt of 40 l. which, etc. as 40 s. which &c. put, etc. Execution notwithstanding, etc. and aswell the said W. as the said W W are dead as by the information of W S executor of the testament of the said W W the King understands, and because, etc. that by honest, etc. he make known to C C Gent. son and heir of the said I, and now Tenant of all the lands and Tenements which were of the said I in Fee-simple at the time of giving the judgement aforesaid that he should be here at this day, to wit, in Cr, Trin. to show if any thing, etc. wherefore the debt and Damages aforesaid ought not to be made of the lands and tenements of the said I. in Fee-simple at the time of the judgement aforesaid given being in the seisin of the said C in the county aforesaid according to the form of the recovery aforesaid, and now here at this day came aswel the said W S by I B his attorney as the said C by P K his attorney and the sheriff now returneth that he by virtue of the writ aforesaid to him directed die tali & An. by E D and W W honest, 
Sci: fac: tenenti terr. returned.  etc. made known to the said C son and heir of the said, I and tenant of 1 Message and 10. acres of land, etc. in C in the county aforesaid, which were of the said I C in Fee-simple at the time of the judgement aforesaid given, that he should be here at this day to show if any thing, wherefore the debt and damages v ought not to be made of the lands, and Tenements aforesaid being in the seisin of the said I and rendered to the said W S according to the form of the recovery aforesaid, And hereupon the said W S bringeth here into court the letters testamentary of the said W W by which it is sufficiently manifest to the Court here, the same W S to be executor of the testament aforesaid and thereof to have the administration etc. and prayeth execution against the said C of the debt and damages aforesaid, of the lands and Tenements aforesaid to him to be adjudged, etc. and hereupon the same C prayeth licence thereof to imparle here, etc. until Oct. Hill, etc. at which day here came aswell the same W as the same C by their attorneys aforesaid and hereupon the same W S as before prayeth execution against the said C, of the debt and damages aforesaid of the lands and Tenements aforesaid to be adjudged to him, etc.  
ANd the said C saith that the said W execution against him, as son and heir of the said T C of the debt and damages aforesaid ought not to have because he saith, that he hath not, 
Monstrans de testament. Bar riens per descent. Quere.  nor at any time after the judgement aforesaid given, had any lands, or tenements by hereditary descent, from the said I his Father in Fee-simple, whereof the debt and damages aforesaid could be made, and this he is ready to verify whereupon he prayeth judgement, of the said W S execution against him as son and heir of the said I of the debt and damages aforesaid ought to have etc.  
ANd the said W S saith that by any thing before alleged, 
Replication that he had assets by descent at the teste of the Sci● fac:  he ought not to be barred from having his execution against the said C as son and heir of the said I of the debt and damages aforesaid, because he saith that the same C before the day of the judgement aforesaid given, and the day of purchasing the said writ of Scire fac. to wit, tali die & An. had sufficient lands and tenements by hereditary descent from the said I. his father in Fee-simple, whereof he might have satisfied the said W S of the debt and damages aforesaid, to wit, at C aforesaid, and this he prayeth may be inquired of by the Country and the same C likewise Therefore 12, etc.  

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

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

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

Sci: fac: brought against the administrator by the executor at his full age upon a judgement had against the intestate by the administrator, during the minority of the Infant.  H 7. Jac. Rot 109. Brownlow. London ss. It was commanded the sheriff whereas I B and H G administrators of the goods and chattles which were of I W during the minority of Margaret W executrix of the testament of the said I W lately in the court of the Lady Eliz. late Queen of England, to wit, in Mich. term An. 27. and 28. before E A Knight and his associates then justices of the said Lady the Qu. of the Common Bench here, to wit, at Westminster by the consideration of the same Court had recovered against W D late, etc. otherwise called, etc. aswell a certain debt or 160 l. as 98 s. which, etc. whereof he is convicted as by the record and proceed therein in the court of the Lord the King now here remaining manifestly appeareth, execution notwithding of the judgement aforesaid yet resteth to be done, and the said W is dead, 
Averment of the full age of the executrix and the death of the Defendant.  And the same Margaret after the judgement aforesaid therein given is come to the full age of 21. years, and afterwards took to husband one Tho. Knight as by the information of the said T. and M executrix of the testament of the said I W deceased, the King hath understood: And because, etc. by honest, &c, they should make known to W D and Margaret his wife Administratrix of the goods and Chattels which were of the said W D who died instated, 
Sci: fac: awarded against the administratrix of the defendant.  etc. at the time of his death, That they should be here at this day, to wit, in Oct. Hill., to show if, etc. wherefore the same Thomas and Margaret his wife execution against them of the debt and damages aforesaid, of the goods and Chattles which were of the said W D at the time of his death, being in the hands of the said W and M his wife to be administered, ought not to have, etc. according to the Form of the recovery aforesaid if, etc. and an all Sci. fac. awarded ret. Oct. Pur. Defendants appear, non sunt inven. etc. and hereupon the same T and M his wife bring here in court the letters Testamentary of the said Io. Wright by which it appeareth to the Court here the same Margaret to be executrix of the testament aforesaid, 
The Plaintiff shows Letters of administration of the will. Averment that the defendant died intestate.  and thereof to have the Administration etc. and the same Tho. and M his wife further say that the same W D after the judgm. aforesaid given, at L. in the parish, etc. died intestat, And that the administration of all the goods and Chattels which were of the said W D at the time of his death by Io. by Divine providence, etc. after the death of the said W to Margaret now wife of the said W D. while she was sole at London in the parish and ward aforesaid was committed, which said Margaret after the judgement aforesaid given at London in the parish and ward aforesaid, took to husband the same W D, And pray execution against the said W D and Margaret his wife of the debt and Damages aforesaid, 
See the new Book of Entries f: 623. Pl: 9 tiel Sci: fac: respectuat judicium Quere.  of the goods and Chattels which were of said W Dowgle at the time of his Death, in the hands of the said W Death and M his wife, being to believed, to them to be adjudged, etc. Null. Judgm. quaere if the executor at his full age shall have such a Scire fac. upon a Recover by the administrator during the minority of the executor, or not, Tri. 9, Jac, Rotsie, 1619. and afterwards satisfaction was acknowledged upon this entry, without any judgement.  
Mich. 44. and 45. E. Rot. 2816, 
Sci: fac: against Tertenant.  Scire fac in debt to the lands & tenements of the lands & tenements, etc. according to the form of the Recovery aforesaid if, etc. And now here at this day came the said A. by I. H. his attorney and offered himself the 4th. day against the said Tenants of the Lands and tenements aforesaid in the plea aforesaid, And they being solemnly called came not, 
Nul. Tertenant returned.  and the sheriff now returneth that there is no tenant of any lands or Tenements which were of the said I. at the time of the judgement aforesaid given or at any times afterwards in his Bailiwick whereby he might make known to him, whereas it is testified in the said Court of the said Queen here, that there are divers Tenants of Lands and Tenements in the County of Norff. which were of the said I. at the said time of the judgement aforesaid given and afterwards whereof they could make and levey the debt and damages aforesaid, 
Averment that there are divers Tenants in another County A Testat: Sci. fac: awarded after non-suits returned.  Therefore it is commanded to the said Sheriff of Norff. that by honest, etc. be make known to the tenants of the lands and tenements which were of the said I, at the time of the judgement aforesaid given or at any time afterwards that he be here in Oct. S. Hill. to show in form aforesaid if, &c,  


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

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

Entry of an al. Sci. fac. upon judgement had against the principal upon an arrest, upon an original in debt sued out in the Common Bench, and a capias thereupon, in another Term, wherein the first Sci. fac. was returnable in a former Term, T. 20. Jac. rot. 3186. Note that the first writ of Sci. fac. in this case, aught to issue from hence out of the Philizers office returnable in the Prothonotaryes office.  T 13 Jac rot. 2621. Brownlow, Otherwise as it appeareth in Easter Term Anno 13 Regis nunc Rotulo, It is thus contained, Middlesex ss. It was commanded the Sheriff, whereas I L of the parish of Saint Bridget London, Feltmaker, R A of, etc. in the County of Surrey Feltmaker, and W D in the parish of Saint Olave Southwark in the County of Surrey Feltmaker, lately in the Court of the Lord the King, now, 
The condition of the Recognizance.  to wit in the Term of Saint M. Anno Regis Franc. & Hiberniae, etc. 12. & Scotiae 48. before Henry Hobart Knight and Baronet, and his Associates then Justices, &c here to wit at Westminster, did acknowledge, and every of them doth acknowledge himself to owe to P. S. widow, four hundred pounds of lawful money of England, which said sum of four hundred pounds the same J. R. and W. for themselves and their heirs, 
Recovery against the principal.  would and granted, and every of them willeth and granteth to be levied, of their Lands and chattels, and of every of them to be made and levied to the use and behoof of the said P under condition, that if it should happen for the same Petro Nello, against the said J. S, late of London, Feltmaker, otherwise called, etc. in the same Court of Common Bench of the Lord the King here in a certain plea, of debt upon demand, of two hundred pounds, by the same P against the same J. S, in the same Court of the King here prosecuted, to be given, than the said J. S. shall satisfy the said Debt of two hundred pounds, and also all damages by occasion of detaining of that debt, against the same I. S. in the same Court of the King here to be recovered or adjudged, or should render his body in Execution upon the same judgement in the Court of the Lord the King here. And although the said P afterwards to wit in Hillary Term Anno Regis nunc 12. Sup. in the same Court of the King here, before the same Henry Hobart Knight and his Associates, 
Breach of the condition, that the principal had not paid the debt and damages, nor rendered his body, etc.  than Justices of the said Lord the King of Common Bench here, to wit, at Westminster, by the consideration of the same Court, recovered against the same I. S. as well the said Debt of two hundred pounds as fifty three shillings & four pence which to the same P in the said Court of the King here were adjudged for his damages which he had by occasion of the detaining of that debt whereof he is convicted, as by the Record and proceed therein in the same Court of the Lord the King here, to wit at W aforesaid remaining, manifestly appeareth. Nevertheless the said I. S. the debt and damages aforesaid to the said P hath not yet paid, nor rendered his body in execution upon the judgement aforesaid in the Court of the King here, according to the Form of the Recovery aforesaid, as by the information of the said P is made known to the King. And because, etc. that by honest, etc. he should make known to the said I. L. R. and W. that they should be here at this day, to wit. Quin. Pas. to show if any thing, etc. to wit the said I L. wherefore the said 400 l. by him in Form aforesaid acknowledged, ought not to be made of his lands and chattels, and the said Richard wherefore the said four hundred pounds by him in Form aforesaid acknowledged ought not, etc. And the said Walter, wherefore the said four hundred pounds by him in Form aforesaid acknowledged, etc. and rendered to the same Petronel, according to the Form of the Recovery aforesaid, 

Nihil returned upon the first Sci: fac. Alias Sci: fac: awarded. T: 19 Jac: Rot: Such a form of entry of an alias Sci: fac: where the first Sci: fac: was returnable in another term Returned as before.  
Judgement severally against the Manucaptors by default, etc.  
Entry of an alia, Sci: fac: where the first Sci: fac: was returnable the same term. T: 19 Jac: Rot: 2089. See the form in another term.   and now here at this day came the same P by G.B. her Attorney, and offered herself the fourth day against the same I. L. R. and W. in the plea aforesaid, and they came not, and the sheriff now returneth, that they have nothing, etc. nor are found, &c, Therefore as before it is commanded the sheriff that he make known to the said I.L.R. and W. that they should be here in Cr. Trin, to show in Form aforesaid, etc. And now here at this day, to wit, to the said Cr. Tri. came the same P. by her Attorney aforesaid, and offered herself the 4th. day against the said I. L. R and W. of the plea aforesaid, And the sheriff as before now returneth that they have nothing, etc. neither are found, etc. Therefore it is considered that the said P have execution against the said I. L. for the said 400 l. by him in Form aforesaid acknowledged, and against the said R A of the said 400 l. by him in form aforesaid acknowledged, and against the said W D of the said 400. pounds by him in Form aforesaid acknowledged by default, etc.  
T 19 Jacobi Rotulo. 4840. Brownlow ss Middelsex. ss. entry of Scire fac against Manucaptors upon a Bail, re, Cr. Trin. And now here at this day, to wit, at the same Cr. Trin, came the same Plaintiff by his attorney aforesaid, and offered himself the 4. th' day against the said Defendant in plea aforesaid And he solemnly called came not, And the Sheriff returned a Nihil, Therefore as before it is commanded the sheriff that by honest, etc. he make known to the said defendant that he be here Tres Tri. to show in form aforesaid, etc. And now here at this day, to wit, at the same Tres Tri. came the said plaintiff by his attorney aforesaid, and the said Defendant the 4th day of the plea being solemnly called came not, and the sheriff as before returneth nichil. habet. etc. Therefore it is considered, etc. as in others,  


Entry of a Sci: fac: upon a recovery in dower for value of the damages against the Tertenant.  
Recital of the judgement.   ss M 44. and 45. Eliz. Rot. 405. Otherwise as it appeareth in the Term of S. Michael An. Eliz. 44, and 45, Rot. 743. It is thus contained, Norff. ss. It was commanded the sheriff whereas W, G and M. his wife, who was the wife of R. B. lately in the court of the Lady the Queen now, to wit, in Easter Term An. Regni 43. before E. A. Knight and his associates then Justices of the said Lady the Queen of the bench here, to wit, at Westminster by the consideration of the same Court had recovered against T. B. 45 l. 10 s. which to the same W. and M. in the said court of the Lady the Qu. here were adjudged aswell for the value of the Dower of the said M. of one Message, 29. acres of land etc. with the appurtenances in M. from the time of the death of the said R, her late husband, etc. As for their damages which they had by occasion of the detaining of the Dower whereof he is convicted, as by the Record & proceed therein, in the Court of the Queen here remaining manifestly appeareth, 

Tenant in the writ of dower after judgement dieth.  
Sci: fac: awarded against the son and heir.   Nevertheless execution of the judgement aforesaid yet resteth und on, And the same T. B. is dead as by the information of the said W. and M. the Queen understands, and because, etc. that by honest, etc. he should make known to E. B. son and heir of the said T. who holdeth the lands and tenements which were of the said T. at the time of the judgement aforesaid given, that he should be here at this day, to wit, in Cr. Anim. to show if any thing, etc. wherefore the said W. and M, ought not to have execution against him of the value of the Damages aforesaid of the Lands and Tenements aforesaid, according to the Form of the recovery aforesaid if, etc. 
Return de vic. Alias Sc●: fac: awarded.  And now here at this day came the same W. and M. by I. G. their attorney and offered themselves the 4th. d●y against the said E. of the plea aforesaid, And he being solemnly called came not, and the sheriff now returneth that he hath nothing, etc. nor is found, etc. Therefore as before the sheriff is commanded that by honest, etc. he should make known to the said E. that he be here 15. Marti. to show in Form aforesaid if, etc. And now here at this day, to wit, the said 15. Marti. came aswell the same W. and M. by their attorney aforesaid, as the same E. premonished, etc. by W. D. his Attorney, 
Sci: fac: returned, but note that the Sheriff doth not return of what lands the son and hei● is tenant, according to the point in the writ.  And the sheriff to wit R. I. Esquire now returneth that he made known to the said E. of being here at this day to show in Form aforesaid by T. D. and I. G. honest, etc. And hereupon the said W. M. prayeth Execution against the said E. of the value and damages aforesaid of the lands and tenements aforesaid to them to be adjudged, etc. and the said E. reserving to himself all and all manner of exceptions and advantages aswell to the said writ of Scire fac. as to the declaration aforesaid, prayeth imparlance here until Oct. S. Hill. and hath it, etc. 
Special imparlance.  The same day is given to the said W. and M here, etc. At which day, etc. and from thence imparleth until Oct. Mich And now here at this day, to wit at the said Oct. Mich. came aswell the said W. M, as the said E. by their Attorney's aforesaid, and hereupon the said W. and, M, as before prayeth execution against the said E. of the value and Damages aforesaid to them to be adjudged, etc. And the said E, saith nothing in bar or hindrance of the execution of the said W. and M aforesaid by which the same W. and M. remain against the said E. and thereof without defence, therefore it is considered that the said W. and M. have Execution against the said E. of the value and Damages aforesaid of the lands and Tenements aforesaid by default, etc. And because it is not known what Lands and Tenements the same T, had at the day of his death in Fee-simple, 
Judgement by nichil dic. Suggestion to have a Writ to inquire of the value of the lands awarded.  nor how much those Lands and Tenements were worth by the year according to the true value thereof, it is commanded the sheriff, that by the oath of honest and Lawful men, of his Bayliwick, he diligently inquire what Lands and Tenements the said T. had the day of his death in the Bayliwick of the said sheriff, And if the said T. died seized of any Lands and Tenements with the appurtenances in Fee-simple, Then how much those Tenements were worth by the year in all issues beyond reprises, 
Quaere for these words are neither perfect nor good.  And after such inquisition by the sheriff made, he deliver the same Lands, and tenements to the same W. and M without delay, according to the true value of them, to hold to the same W. and M. until the said 45 l. and 10 s for the value and damages aforesaid thereof be levied, etc. and in as much, etc. the sheriff make appear here 15. Mich. At which day there came the said W. and M by their attorney aforesaid and the sheriff to wit, 
Quaere de rest. matter.  I. B. Knight now returneth here a certain Inquisition, etc. that the father was seized in Fee of 22. acres of Land at the day of his death to the value of 9 s. 8 d. which said 22 acres of Land the sheriff delivers entirely, etc.  

Debt against f●ur Executors, two appear, and the Plaint tame against the same two, with a simul cum, etc. Judgement against the four and the two that appeared only a mercied.  H 12. H. 7. rot. 361, Mordant. Devon. ss. Roger Viell brought his Account of debt against Nich. Yeo. and Eliz. his wife executors of Eliz. Mounck executrix of I. Mounck that they together with W. Mo. and H. Mounck should render to him 38 l. 17 s. upon bill obligatory made for the payment of 64 l. 19 s. 7 d. ob, and satisfaction confessed for 26 l 2 s. 7 d. ob by the testator, Notwithstanding the executors, although often requested, etc. have not rendered, etc. And the same N. and Eliz his wife together with those, etc. to him to render, gain say and unjustly detain, etc. and the same Nicholas and Ann confess the account, and judgement that the plaintiff should recover against the said Nicholas and Elizabeth W. and Humphrey the debt, and damages to 10 s. de bonis testatoris levand. and the said Micholas and Eliz. in mercy, etc. and the damages remitted, A Sci. fac. was brought against the Executors upon this judgement as followeth.  
H 13. H. 7. Rot. 309. Mordant, Devon. ss. R. U. brought his scire fac. upon the judgement next above against the said executors to have execution upon the said judgement returned Cr. Trin. the sheriff returneth Scire Feci to Humphrey Mounck one of the executors who cometh, 
Sci: fac. upon the judgement abovesaid  etc. And nothing against the other two Executors which came not, and the said Humphrey pleaded ne unq, Execut. The Plaintiff saith that he ought not to be barred from having his execution aforesaid upon the judgement aforesaid, and notwithstanding the said plea of the said Humphrey, above pleaded, the said Roger at his peril prayeth execution against the said Nicholas Yeo. and Eliz his wife William and Humphrey of the goods and chattels aforesaid to him to be adjudged, etc. Therefore notwithstanding the said plea, it is considered that the said R have execution against the said N. Y. and E. his wife, W and Humphrey of the debt aforesaid of the goods and chattles which were of the said I. M. at the time of his death in the hands of the said N. and Eliz. his wife Will. and Humphrey being to be levied by default of the same N. Yeo and Eliz. his wife and Will. etc.  
H 20. Jac. Rot. 3276, Brownlow, 
Sci: fac. by a new administrator during the minority, etc. of goods not administered by the first administrator upon a recovery by the first administrator, after the first administrator avoided, and judgement thereupon by nil dic.  Otherwise as it appeareth Mich. 20. Jac. Rot. 2213. it is thus contained, London ss. it was commanded the sheriff whereas W W administrator of the goods and chattles which were of T. W, who died intestate, etc. lately in the court of of the Lord the King now, to wit, in the Term of S. Hill. An. of his reign of England 18. before Henry Hobert Knight and Baronet and his associates then Justices of the said Lord the King of the Bench here, to wit, at Westm. by the consideration of the said Court had recovered against Charles Howard late of L. Knight and Mary his wife, daughter & heir of I F late called I F of F in the County of Devon. Knight aswell a certain debt of 200 l. as 7 l. 14 s. & 4 d. which to the said W in the said Court of the Lord the King here were adjudged for his damages which he had by occasion of the said Debt whereof they are convicted as by the Record and proceedings thereof in the same Court of the King here remaining it manifestly appeareth, And whereas also after the judgement aforesaid had, the commission of the administration of all the Goods and Chattles aforesaid by George by divine providence, etc. to whom of right the administration of the Goods and chattles aforesaid belongeth, 27. die Jan. An. Dom. 1621. at London in the parish, etc. was in due manner revoked made void and annulled, And the same Arch Bpp. afterwards, to wit, the 6. day of February An. Dom. 1621. abovesaid at London in the parish and ward aforesaid the administration of all the goods and Chattles which were of the said T W by the said W W not administered, to one Henry Smith during the minority of Austin Sm. yet being within the age of 18. years and in full life, was rightly and lawfully committed, and execution of the judgement aforesaid yet resteth undone. And the said Charles is dead, As by the information of the said Henry Smith the King understandeth, And because, etc. that by honest, etc. they should make known to the said Mary that she should be here A. die S. Mich in unum mensem, to show if any thing, etc. wherefore the said Henry Smith execution against her for the debt and damages aforesaid ought not to have, etc. according to the Form of the recovery aforesaid if, etc. And now here at this day cometh the said H S by I B his attorney and offered himself the 4 th'. day against the said Mary in the plea aforesaid, And she being solemnly called came not, And the sheriffs now return that she hath nothing, etc. nor is found, etc. Therefore as before it is commanded the said sheriff that by honest etc. they should make known to the said Mary that she should be here, in 8. days, of S, Martin, to show in form aforesaid, &c, At which day here came aswell the said Hen: by his attorney aforesaid as the said Mary by G C her attorney and the sheriff as before now return, that she hath nothing, &c, nor is to be found, etc. And hereupon the said Hen. prayeth execution against the said Mary for the debt and damages aforesaid to him to be adjudged, etc. And he bringeth here in the Court the letters administratory of the said Arch Bpp, which the Commission of administration aforesaid to the said Henry in Form aforesaid committed, testify, etc.  
ANd the same M. prayeth licence therein to imparle, here until in Oct. Hill. and hath it, etc. the same day is given to the said Herald here, &c at which day here came aswell the said Henry as the same M. by their attorneys aforesaid, And hereupon the said Henry as before prayeth execution against the said Mary of the debt and Damages aforesaid to him to be adjudged, etc. and the said Mary nothing in hindrance of the execution of the said Henry aforesaid, whereby the said Henry remaineth against the said Mary therein without defence, Therefore it is considered that the said Henry have execution against the said M. for the debt and damges aforesaid, 
Nichil: dic.  etc. hereupon the said Henry being present here in Court in his proper person, 25. day of january that same Term acknowledged, That he is satisfied of the debt and damages aforesaid, etc. and therefore the said Mary of those debt and damages be quiet, etc.  

Sci: fac: to have the penalty given by the statute of 23 H: 6. cap: 11. against a Sheriff for levying of more moneys upon a Town for Knights of the Parliament expenses than the Town was taxed. The offence against the statute.  H 25. H. 6. Rot. 362. It was commanded the sheriff whereas in the Parliament of the King now at Westminster in the 23. year of his Reign it is ordained that the sheriffs of every County for the time being, at the next County, held in his County, after the delivery of writs, to levy the expenses of the Knights of the County for the Parliament, For the time being to him made, to make public proclamation that the Coroners and every Constable of peace of the said County, and the bailiffs of every hundred Wapentake of County aforesaid, and all others being willing to assist the Knight's expenses, be ready at the next County there to be held, to assist the expenses of the Knights aforesaid. And the sheriff or under-sheriffs Coroners or Bailiffs for the time being shall be here at the same time in their proper persons, under the penalty of Forfeiting to the Lord the King for every of their defaults made 40 s. And so recite the statute, as in the statute aforesaid is more fully contained, and the King hath understood that although T. S. late sheriff of the County aforesaid came in full county at B. held at the presant time, and the Suitors of the same county then being there, a certain Sume of the Town of C. for Knight's expenses coming to the Parliament of the Lord the King at Reading, the 6. day of March. An. Regis nunc 21. held, made to be assessed to be paid Notwithstanding the said Thomas the statute aforesaid not regarding, more money of the town of C aforesaid, then unto which it was assessed, against the manner and form of assessment made upon it, caused to be leived, in contempt of the Lord the King now, and against the form of the statute aforesaid that he should make known to the said T. that be should be here at this day, to wit in 15 Hillarii, to answer as well for the said Lord the King as for himself followeth in this behalf, wherefore twenty pounds to the said Lord the King, and ten pounds to the said John he ought not to be satisfied according to the form of the statute aforesaid, And now here at this day came as well the said John by R. H. his Attorney, as the said T. by T.G. his Attorney, and the sheriff now returneth, That he made known to the said Thomas of being here at this day, etc. to answer in Form aforesaid, etc. by W. R. I. R. and I, D. honest, etc. And hereupon day is given to the said I. B. as to the said T.S. here until 15 Pasch. in State as now, reserving to the said parties their pleas, exceptions and advantages to the Writ aforesaid, etc. Abridge in Poulton title de Parliament 12.  
H 27. H. 6. rot. 240. In Trespass the Defendant justifies for Knights expenses, Et tre. de sum, and another summons directed to the Sheriff to assess the Knight's expenses, the plaintiff saith that the Vill is parcel of the Barony, etc. and discharged from payment and issue thereupon.  
T 21. H. 6. rot. 117. A Writ of Attachment to the sheriff of S out of the Parliament, to hear their Bill in the same Parliament.  
M 9 H. 5. rot. 579. 
Special bastard● pleaded in bar to a Sci: fac to have execution upon a fi●e.  ss And the said Richard Holt as to the Manor of D with the Appurtenances, and the said Advowson of the same Church of S saith, that the said Hugh ought not to have Execution against him thereof, because he saith that the said Joan, which the said Hugh supposeth to be his Mother, whilst she was sole was not married to any man, long before the same Joan was married, was notably great with child at D in the County aforesaid, by one W.L. of the said Hugh, by the said W of the said John begotten, he the same W then also being sole, and not married to any woman, and long afterwards, that the said I was so notoriously great with child, and continually sole and not being married to any man, 
Elopement.  and with the same W.L. there continually abiding, took to husband one T. M. at D. aforesaid, from which Thomas, the said Hugh took to him his kindred, and afterwards Matrimony and espousals between the same T. M. and joan at D aforesaid were celebrated, the same joan incontinently departed thence from the said Thomas her husband, and enlarged herself from the said Thomas unto the house of the said William, in the said Town of D. and with the said W L. there continually the whole life time of the said joan was commorant, and continued in adultery with the said William, After which Matrimony and espousals so celebrated, the said H at D aforesaid was borne, without this that the said I was ever married to any other man, but only to the said T. M. and all and every of these things the said R. H. is ready to verify, whereupon it shall not be intended, that the said Hugh as son and heir of the said joan ought to have Execution against him of the Manor aforesaid with the Appurtevances, and of the Advowson of the Church of S. in this behalf, etc. And as to the residue of the Tenements aforesaid with the Appurtenances, and the said Advowson of the said church of F. in the Fine aforesaid contained, the said R. Holt prayeth licence thereof to imparle, here until in 8. Hill and hath it, etc. by the consent of the said Hugh, the same day is given to the said Hugh here, etc.  
ANd the same Hugh not knowing any thing by the same R Holte above alleged, 
Demurrer in Law.  besides the said Matrimony and espousals between the said T. M. and joane celebrated, whereby the Remainder of the said Manor of D with the Appurtenances, and the Advowson of the Church of S to the said joan and the heirs males of her body coming, by the fine aforesaid was entailed, and the same H as Son and heir of the said I, sufficiently demandeth Execution thereof by virtue of a fine aforesaid, and the said R, Holte doth not contradict it, but the said Hugh is son and heir of the said I and as to the matter by the said R. H. above alleged, the same Hugh hath no need, nor by the Law of the Land is held to answer, prayeth judgement and Execution thereof for Defect of sufficient answer to him to be adjudged, etc.  

joinder.  ANd the said R Holte as to the said Manor of D with the Appurtenances, and the Advowson of the Church of S. wherein the said H. doth not gainsay the said matter, by the said Richard above aleadged, which said matter is sufficient in Law to exclude the said H from having his Execution thereof by virtue of the Fine, aforesaid, which said matter the said Richard is ready to verify, prayeth judgement, and that the said H may be barred from having his Execution therein, and because the Justices, etc. until 8 Hillary, etc. And to another parcel thereof, the Defendant saith Non Tenure, And to the whole residue pleads in Bar as before, and a Demurrer in Law thereupon, and continued until 15 Pasch. At which day here came as well the said Hugh by his Attorney aforesaid, as the said Richard Holt in his proper person, and hereupon the plea aforesaid being heard and understood, it seemeth to the court here that the said Hugh Marchon ought to have Execution of the said Manor of D. and Tenements with the Appurtenances, and of the Advowson of the Church of S whereof the parties aforesaid have pleaded to judgement by virtue of the Fine aforesaid, notwithstanding, any matter for the said Richard Holt before alleged, Therefore it is considered, that the same Hugh have Execution against the said Richard Holte of the said Manor of D and Tenements with the Appurtenances, 
Judgement for the demandant.  and of the same Advowson of S. etc.  
T 31. H. 6. 
Execution awarded at the Assizes upon issue in a Sci. fa. upon a fine, before the day in the Bench. Aid of the King.  rot. 315 ss. An Entry of a scire facias upon a Fine for W. L. Knight, against I H. of the Manor of H. with the Appurtenances near R at the Nisi prius at Bitingford, verdict for the plaintiff, before Io. Prisot Knight, than Justice of the Assizes, and Execution therein awarded at B. before the day in the Bench.  
P 28. H 8. rot. 438. Aid of the King granted in a Scire facias, to execute a fine between Melton and the Earl of Northumberland.  
EAster 34 Edw. 1. rot. 27. 
A sci. fa. brought by the King upon a judgement in an assize Darrein presentment had by the King by reason of the wardship of an idiot, brought against man and wife, an estranger upon disturbance, Defendant pleads that the lessor was respited until 8 Hil. for default of the Recognitors, etc.  ss. It was commanded the sheriff that whereas the Lord the King in the Court here, to wit, in 8 sancti Martini, Anno Reg. 21. had recovered against H C. and I his wife and R. B. the presentation to the Church of W high reason of the Lands of R. W. a Fool, and in the King's custody, by which it was commanded the Bishop of Winchester, that notwithstanding wreck-land of the said I and R. B. he should admit of a fit Parson to the said Church, at the Presentation of the King by virtue of which said command the said Bishop admitted one I S his Clerk at his presentation to the Church aforesaid, and the said Church by the resignation of the said I. S. Clerk is now void, and belongeth to his Donation by reason of the custody aforesaid, the same H. I. and R. B. do not permit the said King to present a fit parson to the Church aforesaid in contempt of the Lord the King, etc. and his immoderate loss and vexation, We command you that by honest, etc. you shall make known, etc. to show, etc. wherefore the Lord the King ought not to present a fit parson to the Church aforesaid by reason of the custody aforesaid, etc. And now here at this day came N. W. who followeth for the Lord the King, and the same H. and R. came not, and the sheriff now testifieth, that he made known to them of being here, etc. by T. D. and F. E. whereupon the said N. W. who, etc. prayeth Execution by default of the said H. and R. And hereupon came the said joane, and one Isabel, the wife of the said R. and the same Joan assevering the same Advowson to be the right of the said joane, and the same Isabella assevering the same Advowson to be the right of the same Isabella, say, That the Lord the King now by that writ, nor also by virtue of the Record, from whence that Writ issued, ought not to have Execution therein, because the said Isabel saith, That she is jointly enfeoffed of the advowson aforesaid together with the said R her husband, and prayeth that she for default of her husband, etc. and prayeth to be admitted etc. and the same Joan well knoweth that the Lord the King otherwise in the Court of the King here in Cro saucti Martini, Anno supradict, superdico, arrayed the said Assize, ult. praesentationis, against the said H. the same joan and the same R of the advowson, of the Church aforesaid, at which said assize they personally appearing pleaded, and then put themselves upon that Assize, so that then it was considered that the said Assize should be taken, but that it should be respited here until in 8 Hil than next following, for defect of Recognitors, &c and say that afterwards in the same that Assize depending thereof between them undecided, 
The Attorney confesseth the action without warrant in deceit of his client  as is before said, the Attorney of them the said H and Island of the said R again appeared in the same Court without warrant, and granted to the said Lord the King presentation to the said Church, that turn, etc. reserving the right of the said H I and R when they would speak therein, wherefore whereas that Court had no authority or Jurisdiction to admit of the grant of the attorney of the said A I and R of the Advowson of the Church aforesaid, upon the said Writ of Assize, ultimo praesentationis, which was respited here until another Term to come, pray judgement, if any Execution upon such grant after the said Assize as aforesaid was respited, aught to be made, etc. And because this same is found by the Record of the same Rolls of this Term, it is considered, that the said joan and Isabella go thereof without day, etc. and whatsoever shall be done by pretence of the said Grant made after the Assize aforesaid was respited as aforesaid, 
Judgement against the King  shall be null and void, and the Lord the King may bring an original writ, etc.  
P 27 Edw. 1. rot. 127, ss. A Scire facias for the Tenant against the Vouchee to show if any thing, 
Scire facias brought by a Tenant in recovery to have execution of Lands in value against the voucher:  etc. wherefore the Tenements aforesaid of the lands of the said Vouchee, to the value of the Tenements aforesaid with the appurtenances, in a competent place he ought not to have, etc.  

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

Sci fac. upon a judgement in debt where the Defendant before execution, fraudulently conveyed his lands and took sanctuary, to the intent to defeat the plaintiff of his debt.  ss. T 71 H 4 rot. 109. Scire facias against one that made a Feoffment of his Tenements by Fraud and Covin, and took Sanctuary, but the said Defendant intending the plaintiff from the Execution of his debt and damages aforesaid maliciously to retard, gave and granted divers lands and Tenements goods and chattels within his Bailiwick to divers certain persons, by collusion between them had, to wit, that the Defendant should receive the profits thereof, to his own use, which same Defendant the profits thereof notwithstanding the said gift received, and yet doth receive, and fled to the liberty of the Abbot of W. and within the same Liberty stayed, and there liveth upon the profits of his Lands and Tenements goods and chattels aforesaid, as by the information, etc. praying according to the Form of the statute in this case made, to be provided of a fit remedy in this behalf, etc. and because, etc.  
M 3 H 4 rot. 11 5. ss. Scire fac. for Execution of Damagesr recovered in an Assize of fresh force in the City of Canterbury, 
Sci. fac. for damages in an assize of fresh force.  & also for forty shillings according to the form of the statute thereof made, for that that the Defendant brought not the Record by him pleaded in Bar of the Assize, according to the form of the statute of Westminster 2 Cap. 25.  
T 2. H. 6 rot. 131. Scire facias against the sheriff, 
Sci. fac. against the sheriff for taking in sufficient pledges in Replegiary. Sci. fac. and judgement therein superseded, for that the Defendant was in the King's custody. Sci. fac. against one Executor to have execution etc. upon a Sci. Fac: de bonis testatoris against 2. executors, returned no goods in the hands of the one, and a devastavit against the other. See 4 Eliz. Dyer f. 110. pl.  for that he took not sufficient pledges to have return of the Cattles irreplegiary.  
T 2. H. 4. rot. 110. entry of a scire fac. upon the note of a fine & Exetion awarded, but afterwards a writ out of the Chancery was directed to the justices, Ad supersedendum. etc. for that the Defendant against whom the judgement was awarded, was in the Custody of the King.  
P 4. H. 4. rot. 403. A scieri facias against two Executors was returned that the said Executor have no goods or chattels, which were of the Testators at the time of his death, nor had at the time of the receiving of the Writ, etc. But that that the said A one of the Executors aforesaid, had divers goods and chattels to the value, etc. but had wasted them before the receiving of the said writ thereof, Scire facias against him, wherefore he ought not to have Execution against him, De bonis propriis, and Eexcution was therein by default, etc.  
SCire facias for I. S. widow, 
A generull acquittance pleaded in bar to a Sci. fac. to have execution upon a judgement.  Executrix of the Testament of I. S against I. R. an Attorney of the Bench upon a recovery by the Testator, for Debt and Damages, and the Defendant appeared and pleaded a general Acquittance made by the Executrix. etc.  

A Sci: fac: against Coheires. makes default and execution against him proportion. ejus de hereditate contingen.  T 27. Ed. 1. Rot. 17. in a Scire Fac, against Coheires vouch by the Tenant for the value, one of the heirs appeareth and pleadeth and the other maketh default, Therefore let the execution be made against him for the portion to him happening out of the inheritance, etc. to the value of the residue, etc.  
P 6. H. 4, Rot. 192. ss. in a Scire fac. against Tenants for exempting a Fine, 
Nota.  the process was continued until the parties were at issue, at which day one of the tenants dyeth, and an other writ was sued by Jornies' accounts, 
Journeys Accounts.  and afterwards at the return of the 2. Scire Fac. an other of the Tenants dyeth, and an other writ was sued by Jorneis accounts and afterwards one of the Defendants made default, 
Receipt.  and afterwards came at a day in Court, he that made default dyeth, after the last continuance, 
Parol demur, for nonage of the heir.  and at a day in Court, came his wife and her sister and prayeth to be received, and for that they were within age they pray paroll demur, etc.  
M 14. H. 8 Rot 439. P. 4. H, 8. Rot. 437. A Scire Fac. awarded to have execution against the Termor for years within the Term upon suggestion that the Termor had surrendered to the Defendant, 
A Sci: fac: against a Termor.  and had execution by default, etc.  
COrnub. ss. It was commanded the sheriff whereas Richard Rawlin was summoned to be before the Justices of the Lord the King to answer Richard Barret Esquire in a plea wherefore, 
A Sci. fac: brought by the heir of the Plaintiff in partition, who after judgement and before partition made died.  whereas the same Ri. and Ralph had held together undivided 1. Message, 1. Garden, 40 acres of Land 6. acres of meadow and 60. acres of Pasture with the appurtenances in S. Minver, the same Ralph to make partition thereof between them, according to the Form of the statute in this case provided, contradicted and suffered not the same to be done against the form of the statute aforesaid in such manner thereupon in the same court it was proceeded that afterwards to wit, in Mich term An. Reg. dicti domini. Rs, nunc 9, It was considered that partition should be made between the same Ri. and the said Ralph of the Tenements aforesaid with the appurtenances as by the Record and proceed therein in the same Court here remaining manifestly appeareth, Execution notwithstanding of the judgement aforesaid yet resteth undone, and the same Richard is dead as by the information of M. B. and G. B. daughters and heirs of the said Ric. the King understandeth, and because, etc. that by honest, etc. he should make known to the said Ralph that he should be here at this day, to wit, 15. Pas. to show if any thing, etc. wherefore partition between the same M. and Grace and the same Ralph of the Tenements aforesaid with the appurtenances ought not to be made, according to the Form of the consideration aforesaid if, etc. 
See the entry of this writ in the title Gardiano admittendo.  And now here at this day came aswell the said M. and Grace by N. Sprey who is admitted by the Court here to prosecute for the same M. and G. who are within age, as Guardian of the same M. and Grace in the plea aforesaid, As the same Ralph by john Hunking his attorney, and the sheriff now returneth that the said sheriff by William Cook and Richard Harris honest, etc. made known to the said Ralph that he should be here at the day and place aforesaid as by that writ it was commanded him, 
T: 15 Jac: rot: 2035. H: 20 Jac: rot: 679. between C: and C:  and hereupon the same Mary and Grace pray that partition between the same M. and G. and the said Ralph of the Tenements aforesaid with the appurtenances may be made etc. whereupon the same R. prayeth imparlance until Cr, Trin. and hath it etc. the same day is given to the said M. & G, here, etc. See, Tri, 33. E. Rot. 1814. The tenor of a Writ of Dedimus Potestatem in gardiano admittendo in Dower, sent to the Justices of the Common Bench and the entry there, And after the entry this, And hereupon it is granted by the Court here that the said T. M. follow for the same T. B. who is within age and guardian of the same Tho. against the said Eliz. in the plea aforesaid, etc.  
P 28. H. 8. Rot, 408. ss. L. and others against A. and others, Entry in the Post, The Tenant by W. A. his attorney cometh, and calleth the Common Uouchee, and after the judgement, a Writ out of the Chancery to receive the attorney admitted is entered in haec verba.  
M 44. and 45. Eliz. Rot. 1658. 
Entry of a Sci: fac: to have execution and seisin of new in d●wer, for that the Sheriff in favour of the Tenant had not duly made his execution.  Suff. ss. It was commanded the sheriff whereas William Ayleff Esquire & Barbara his wife lately in the court of the Lady the Queen here, to wit, at Westminster by the consideration of the same Court had recovered their seisin against I. A. of the third part of the Manor of abbots with the appurtenances in D. etc. and whereas also at the prosecution of the same W. and B out of the said Court of the Lady the Queen here of and upon the judgement aforesaid, to wit, the 6. day of November An. 42. Eliz. issued forth a certain writ of the Lady the Queen de Sesina directed to the sheriff of the county aforesaid. By which said Writ the said Lady the Queen commanded the said sheriff that he should know that the same W and B. in the Court of the Lady the Queen of the common Bench here, to wit, at Westminster aforesaid had recovered their seisin against the said I. of the said third part of the Manor of abbots in the appurtenances and 8 messages, etc. with the appurtenances as the Dower of the said Barbara of the endowment of Martin A. her late husband, etc. whereupon the said Lady the Queen now, to the said sheriff commandeth that the said W. and B. full seisin of the third part aforesaid with the appurtenances to hold to them in severalty by meats and bounds he should cause to be had, and in as much as he should, that precept of the Lady the Queen he should make appear to the Justices of the Lady the Qu. here, to wit, at Westminster in 8. Hill. then next following which said Writ of seisin afterwards to wit the 16. day of january than next following at Y. aforesaid in the county v to E. B. Esquire then sheriff of the County aforesaid being, was delivered to be executed in Form of Law, And also by the information of the said W. and B. the same Lady the Queen hath understood that the said Edward favouring the same I. A. and endeavouring wholly to defraud the same W. and B, of the recovery of the third part aforesaid afterwards to wit the 17. day of Jan. An. 43. abovesaid caused to be had to the same W. and B. full seisin of 1 Message in E aforesaid late in the tenure, etc. to hold to the same W. and B, as the Dower of the same B. of the Endowment of the said Martin her late husband, in the same manor of A. and to the Tenements and Rents aforesaid in Y. etc. contingent, as by the Record and proceed here in the same Court of the said Lady the Queen remaining manifestly appeareth, whereas notwithstanding all and singular the Tenements aforesaid to the same W. & B. by the said Ed. Bacon, for the third part of the Manor Tenements and Rents, aforesaid with the appurtenances in Form aforesaid delivered and assigned, are not parcel of the manor, lands, and Tenements aforesaid whereof the same W. and B. have recovered their third part in form as aforesaid to the immoderate damage and grievances of the said W. and B. whereupon they have supplycated the said Lady the Queen to adhibet to them a fit remedy in this behalf, the same Lady the Queen not being willing in any wise to injure the same W. and B. But being willing that complete justice be done, and used to them in this behalf, that by honest. &c, he should make known to the same I. that he should be here at this day, to wit, in 8. Mi. to show if any thing, etc. Wherefore omitting the Tenements aforesaid to the same W. B, in Form aforesaid delivered and assigned, the same W. B, seisin and execution of the said third part of the manor Tenements and Rents aforesaid with the appurtenances whereof the said W. and B. have recovered their third part in Form as aforesaid according to the Form of the recogniz. aforesaid against the same I. ought not to have if etc.  
THe Defendant appeareth and saith that the said W. and A. any further execution of the third part aforesaid of the manor and Tenements etc. aforesaid with the appurtenances by them above recovered against him ought not to have, because he sayeth that well & true it is, etc. And confesseth the Recovery, the writ of seisin, and the return thereupon, and that the Defendant entered into the land, and further saith, That the said message, 3. acres of Land, etc. in D. aforesaid to the same W. B by the same E. B. for the third part of the manor, etc. in Form aforesaid delivered and assigned, are parcel of the manor and Tenements whereof the same W. & B. have recovered their seisin of the third part abovesaid in Form as aforesaid, and this, etc. 
Judgement for the Tenant upon the demurrer.  And demurrer for that the writ lieth not, but afterwards an other Writ general was brought, And it was adjudged to be well brought, See Hill. 25. Rot. 650. P. 9 Jac. rot. 656. 
Entry of a Sci. fac. in a Quare Impedit.   
T 30. Eliz. rot. 1308. Lincoln, ss. It was commanded the sheriff whereas Thomas Beverly Gent. in the Court of the Lady the Queen now here to wit, in the Term of of S. M. An. Eliz. 28. and 29. before Ed. Anderson Knight and his associates then Justices of the said Lady the Qu. of the Bench here by the consideration of the same Court had recovered his presentation against john Arch. Bpp. of Canterbury and G. Cornwall his Clerk of the Church of Somerby in the County v being void and belonging to his gift by writ of the said Lady the Queen de Quare impedit, as by the record and proceeding therein in the same Court here remaining it manifestly appeareth, Execution notwithstanding of the judgement aforesaid yet resteth to be done, as by the information of the said Thomas the Queen understandeth, and because, etc. that by honest, etc. he should make known to the said Arch Bpp. and Gabriel that they should be here at this day, to wit, in Cr. S, Tri, to show if any thing, etc. wherefore the same Thomas execution against them ought not to have according to the Form of the recognizance aforesaid if, etc. And now here at this day came aswell the said Thomas by William Be. his attorney as the same Arch Bpp. and Gabrill by R. P. their attorney. And here upon the said Thomas prayeth Execution of the judgements aforesaid against the said Archippus Bpp. and G. to him to be adjudged, 
Saith nothing but the ordinary  etc. and the same Arch Bishop defenderth the force and wrong when, etc. and nothing in Bar of the execution of the said Thomas saith whereby the said Thomas remaineth against the said Archippus Bpp. thereof without defence, Therefore it is considered that the same Thomas have execution of the judgements aforesaid against the said Archbishop according to the Form of the recovery aforesaid by default, etc. But let execution therein cease, 
The Incumbent pleads in Bar that the writ of Quare impedit depending the plaintiff was utlawed, and that he resigned by which it appertained to the Queen to present, and the Queen presented him, and that he was indicted such a day, and after that the plaintiff sued a writ of Error forth to reverse the utlary, and afterwards it was reversed.  as to have a writ to the Bishop until the plea between the said Thomas and the said Gabriel be determined, etc. and the said Gabriel saith that the said Thomas execution upon the judgement aforesaid against him ought not to have, because he saith that the said writ of quare impedit depending, to wit, such a day and year certain C. B. Esquire out of the Court of Chancery of the Lady the Queen at Westminster in the County of Midd. then being prosecuted a certain Original writ of the said Lady the Queen against the same Thomas Beverly, etc. And recite the outlawry, Therefore he by the judgement of W. D. and T. G. then Coroners of the said Lady the Queen of the County aforesaid was utlawed, after which said utlawry against the same Thomas B. in Form aforesaid published, remaineth reversed or anulled, and after the said recovery of the presentations aforesaid in the said writ of Scire facias specified, to wit, the first day of December An. Rn. etc. 23. the same Gabriel being then Parson of the Church of Somerby aforesaid at Somerby aforesaid on his own accord resigned the same Church into the hands of William then Bpp. of Lincoln ordinary of that place whereof the Church v was then void, By pretext whereof the right of the presentation to the same Church being so void, by force of the utlawry aforesaid, as is before said, then being in his strength, to the said Lady the Queen belonged, the same Lady the Queen to the said Church being so void, afterwards, to wit, the third day of December An. Regni sui 9 by her letters Patents, which the said Gabriel with the Great Seal of England Sealed, bringeth here into the Court whose date is at Westminster, in the County of Midd. the same day and year, Presented the same Gabriel her Clerk, and the same Gab. by virtue of the presentation afterwards, to wit, the 5 day of December An. 29. abovesaid was admitted and instituted in the same, and afterwards and before the day of the purchasing of the said Writ of Scire facias, to wit, the 16. day of December An. 29. abovesaid the same Gabriel into the Church aforesaid was inducted, by pretext whereof the said Church was full and yet is of the same Gab. by the presentation of the said Lady the Queen, after which said admission institution & induction of the said Gabriel into the Church aforesaid, to wit the 13. day of February An. Rn. 29. abovesaid, the same Thomas Beverly prosecuted out of the same Court of Chancery aforesaid at Westminster aforesaid, then being, a certain writ of the said Lady the Qu. De Errore corrigendo, to her beloved and faithful Edm. Anderson Knight directed, By which said writ the said Lady the Queen now reciteth by the said Writ that because in the Record and Procedings and also in publishing the said utlawry against the said Thomas in the County of Lincoln aforesaid published and before the same E. A. and his associates then Justices of the said Lady the Queen of the Bench, as is said returned manifest error hath intervened to the great Damage of the said Thomas as by his complaint the Queen understood, the same Lady the Queen willing the error (if any be) in due manner to be corrected and to the same Thomas full and speedy Justice may be done in this behalf, commanded the said Edmond Anderson that if the utlawry aforesaid before the said Edmond and his associates aforesaid in the bench aforesaid be returned so it was said, than the record and process of the utlawry aforesaid with all things touching them to the said Lady the Queen, under your Seal you distinctly and plainly send, and that Writ so that we may have them a die Pas. in tres Sept. then next following wheresoever we shall be in England that viewing the Record and proceed aforesaid, we have cause further to be done thereupon for correcting the said Error that of right and according to the Law and custom of the Lady the Queen of E. aught to be done, by virtue of which writ the err. corig. the same E. A. the record and proceed aforesaid, whereof mention is made in the said writ of Error, 
Certificate of the utlawry upon the writ of Error.  to the said Lady the Cue at W. aforesaid at the said tr. Sep. Pas. under his seal sent according to the form and effect of the said writ, the Tenor of which Record and proceed follow in these words, Pleas at W. before E. A. Kr. and his associates Justices of the said Lady the Qu. of the Bench of E Term An. of the reign of El. by the grace of God, etc. 28. rot 1209. Lincoln ss. Charles Bawds Esquire by his attorney offered himself the 4. day against Thomas Baverley, &c, of A plea wherefore with force and arms, etc. And he came not, etc. therefore the sheriff was commanded that he attach him, etc. and the sheriff now returneth that he hath nothing, etc. therefore let him be taken that he may be here (Tli. die) At which day there came the said Charles by his attorney, and offered himself the 4. day against the said Thomas in the plea aforesaid, and he cannot, And the sheriff was commanded that he should take him, etc. and the sheriff now returneth that he is not found, etc. Therefore as before let him be taken that he be here Tli, die ss. Pleas at Westminster before, etc. and recite the entry of the Plu. Capias, and the pleas at Westminster, etc. And recite the entry of the Exigi. Fac. At which day the sheriff returned that his county held at Lowth in the county aforesaid the 24. day of Oct. An, Regni Eliz. now etc. 28. The same Thomas Beverly was the 5. time called and appeared not, And that so at the 4. Countys' next preceding the same Thomas was likewise called and appeared not, and because he appeared not, at any of the aforesaid Counties, therefore he is utlawed, & afterwards, to wit, on Thursday next after tres Sept. S. Mich. then next following before the said Lady the Queen at Westminster came the same Thomas B in his proper person and rendered himself prisoner to the Marshal of the marshalsey of the said Lady the Queen before the same Queen by occasion of the utlawly aforesaid, who was committed to the Marshal, etc. 
Error assigned.  And presently said that in the record and proceed aforesaid, and also in publishing of the outlawry aforesaid, it was manifestly erred in this, that within the county of Lincoln aforesaid were, and at the day of purchasing of the original Writ aforesaid, and also from the time whereof the memory of man is not to the contrary, there were two Towns, one called Humby the great, the other Humby the lesser, and neither Town was named or called Humby alone without addition, and this he was ready to verify whereupon he than prayeth judgement and that the utlawry aforesaid for the said Error, and &c. others in the Record & proceed aforesaid being, might be revoked, anulled, & taken altogether for nothing. And he to the common Law of the Realm of the Lady the Queen of England, and also to all things which he had lost by the occasion of the utlawry aforesaid might be restored, etc. And then the said T. B. prayed a writ of the said Lady the Queen to premonish the said Charles of being before the said Lady the Queen to hear the record and proceed aforesaid and it was granted him, 
Scire facias.  etc. Whereupon it was commanded the sheriff that by honest, etc. he should make known to the said Charles that he should be before the said Lady the Queen in Oct. S. Marti. then next following wheresoever, etc. to hear the record and proceed if, etc. and further, etc. the same day then given to T. B. etc. And hereupon then came W, K. of, etc. Gent. S. T. of the parish, etc. Gent. I D of London Yoeman and L. R etc. and undertook for the same john Beverly to have the body of the same Thomas before the said Lady the Queen at the same Term, 
The plaintiff bailed, corpus pro corpore.  and so from that day until &c. every of the said Manucaptors' body for body, etc. at which said Oct. Martini before the said Lady the Queen at Westminster aforesaid came the said Thomas B. in his proper person and the sheriff of the said county of Lincoln then returned there, that by virtue of the said writ to him directed, by G. S. and R. B. honest, etc. he had made known to the said Charles, B. of being before the said Lady the Queen at the day and place in the same Writ contained, to hear the record and proceed aforesaid if, etc. according to the exigency of that writ which the said C. B. the 4. day of the plea being solemnly called by S. W. his attorney came, whereupon the said Thomas as before then said that in the record & proceed aforesaid and also in the publishing of the utlawry aforesaid it was manifestly Erred, alleging the Error aforesaid, by him in form aforesaid alleged, and prayeth that the utlawry aforesaid for that error and others in the record and proceed aforesaid found, might be revoked anulled and altogether taken for nothing. And that he to the Common Law of the Realm of the Lady the Queen of England, and also to all things that he by occasion of the utlawry aforesaid had lost might be restored, and that the said Charles might rejoin to the said Error, And the same C. prayeth licence therein to imparl and it was granted him, etc. & here upon day therein was given to the parties, aforesaid before the Lady the Queen here until in 8. S. Hill. then next following wheresoever, etc. to wit, the said Charles Bawds of speaking to the said Error, and then to rejoin to that Error, at which said Oct. S. Hill. before the said Lady the Qu. at Westminster came aswell the said T. B. in his proper person as the same Ch. by his attorney aforesaid. And the same C. then said that the utlawry aforesaid ought not to be revoked, because he said that within the County of Lincoln aforesaid was, and at the same time of the purchasing of the original writ aforesaid, and also from the time whereof the memory of man is not to the contrary, there is one Town called and known, aswell by the name of Humby alone, as by the name of Humby the great, & this he was ready to verify, whereupon he prayeth judgement and that the judgement aforesaid in all things might be confirmed, And the said Thomas Beverly as beforesaid, That within the said County of Lincoln were and at the same time of purchasing of the original writ, and also for the time whereof the memory of man is not to the contrary were two Towns the one called H. the great, the other called H. the lesser, without this that within the county of Lincoln aforesaid was and at the same time of purchasing, etc. was one Town called and known by the name of H. only, 
Travers.  as by the name of H. the great in manner and Form as the said C. B. above in pleading had alleged and this he was ready to verify, whereupon as before he prayed that the utlawry aforesaid might be revoked, anulled, and altogether taken for nothing, And that he to the common Law of the Realm of the Lady the Queen of England, and to all things which he by occasion of the utlawry aforesaid had lost might be restored, etc. And the same Charles as before, said, that within the county of Lincoln aforesaid there was and at the same time of purchasing of the original writ aforesaid, was one Town called and known aswell by the name of Husband only, as by the name of Humbly the greater, in manner and Form as the said Charles had above alleged, and of this he put himself upon the Country, and the said Thomas likewise therefore it was then commanded the sheriff of the said County of Lincoln that he should cause to come before the Lady the Queen in Oct. Pur. 12. of the body of the County of Lincoln by whom, etc. And recite the Postea, who say upon their oath that within the county of Lincoln aforesaid, there is not, nor at the within written time of purchasing of the said original writ within writien was there a Town called and known aswell by the name of Humby only, as by the name of Humby the great, as the same Thomas B. hath within alleged, whereby it was then considered in the same Court there, that the utlawry aforesaid should be revoked anulled and altogether taken for nothing and the same Thomas B. to the common Law of this Realm of England and to all things that he by occasion of the utlawry aforesaid had lost should be restored, etc. And this he is ready to verify whereupon he prayeth judgement, and that the said Thomas Beveley may be barred from having execution against him of the judgement aforesaid, etc. Judgement was given against the Queen. quaere.  
T 11. Jac. rot. 707. Brownlow, ss. Otherwise as it appeareth, 
A Scire fancies brought against the principal, and bail to prosecute an Audita querela. where judgement was given for the plaintiff upon Nil capiat pro bre.  Pas. 11. Jac. Rot. 1510. It is thus contained, Mid. ss. It was commanded the sheriff whereas G. B. of Cobham in the County of Surry gentleman had prosecuted a certain Writ of the Lord the King of Audita querela to the Justices of the Lord the King here directed against one I D. Doctor of the Laws upon a certain judgement in the Court of the said Lord the King of the Common Bench here given for the same john against the said O. given aswell of a certain debt of 200 l. as of 33 s. and 4. d. for his damages which the same I. had by occasion of detaining of that debt by the same john against the said O. in the same court of the said Lord the King here rccovered, and the same O, thereupon afterwards, to wit, the 29. day of May An. Rs. etc. 7. out of the same Court had obtained a certain writ of the said Lord the King directed to the sheriff of Suss. against the same john, to premonish the said john of being before the Justices of the said Lord the King here, to wit, at Westminster, such a return, the next following to answer to the said writ of Audita querele, And further to do and receive what the Court of the Lord the King shall consider of him in that behalf, and whereas also afterwards, to wit the said 29. day of May An, 7. abovesaid, in the same Court before the Justices of the said Lord the King at Westminster came E. M. of, etc. G. M. of, etc. T. W. of, etc. and R. E. and undertook, and every of them did undertake for the same O. in the sum of 200 l. and the same O then present in the same Court undertook for himself in the sum of 500 l. to prosecute the said writ of Audita querela with effect and if it shall happen judgement against the said O. in this behalf to be given, that then the same O. should satisfy to the same I. of the debt and damages aforesaid in the same Court recorded, which said sum of 500 l. the said Owen acknowledgeth of his Lands and Chattles to be made and to be levied to the use and behoof of the said john, And which said several sums of 200 l. every of the Mnucaptors, aforesaid acknowledge of their Lands and Chattles, and every of them to be made if it should happen the said Owing to make default in any of the premises and thereof to be lawfully convicted, and although afterwards, to wit, in the morrow of the holy Trinity An. Rs. etc. 8. after the appearance of the said john to the writ aforesaid made in the Court of the said Lord the King before his Justices here, to wit, at Westminster by the judgement of the same Court it was considered that the said Owing shall take nothing by the said writ aforesaid, but should be in mercy for his false clamour therein, And that the said john should go therein without day, etc. and prosecute for his execution if to him it should seem expedient. Nevertheless the said Owing of the said 200 l. of the debt aforesaid the said 33 s. and 4 d. for the damages aforesaid hath not satisfied to the said john neither the said Owing the said 500 l. by him in Form aforesaid acknowledged, to the said john hitherto hath not paid nor the same Edmond George Thomas, & Robert or any of them the said 200 l. by them severally in Form aforesaid acknowledged of their lands and chattles to the same I D, hitherto hath paid, as by the information of the said john, the King understandeth, And because, &c, that by honest, etc. he make known to the said O. E. G. T. and Rob, that they should be here at this day, to wit, 15, Pas. to show if any thing, etc. to wit, the same O, wherefore the same 500 l. by him in Form aforesaid acknowledged of his lands, and chattles, and the same E- G. T. and R. wherefore the same 200 l. by them severally in Form aforesaid acknowledged of their Lands, and Chattles, ought not to be made and rendered to the said john according to the Form of the acknowledgement aforesaid if, etc. At which day here came the said John by I, N his attorney and offered himself the 4. day against the same O. E. G. T. and R. in the plea aforesaid and they being solemnly called came not, and the sheriff now returneth that they have nothing, etc. nor are found, etc. Therefore as before it was commanded the sheriff that by honest, &c, he should make known to the said O. E. G. T. and R. that they should be here 15 Pas. to show in Form aforesaid, etc. At which day here came aswell the same john by his Attorney aforesaid as the said O. E. G. T. and R. by Oth. Gager their Attorney and the sheriff as before returneth that they have nothing, etc. nor are to be found, etc. And hereupon the same john prayeth execution against the said Owin of the said 500 l. by the same O. in Form aforesaid acknowledged, and against the same Edmond for the same 200 l. by the same E. in Form aforesaid acknowledged and against the said George for the said 200 l. by the same George in Form aforesaid acknowledged, And against the said Thomas of the said 200 l. by the same Thomas in Form aforesaid acknowledged, And against the said Robert of the said 200 l. by the same Robert in Form aforesaid acknowledged to him to be adjudged, etc. and the same O, E. G, T. and R. praylicence to imparle and have it, etc. At which day came here aswell the said john as the said O. E. G. T. and R. by their attorneys aforesaid and hereupon the same john as before prayeth judgement and execution against the said O. E. G. T. and R. of the said several sums by them in Form aforesaid acknowledged to him to be adjudged, etc. And the same attorney of the said O. E, G, T. and R. saith that he is not informed, etc. therefore it is considered that the same I. D. have execution against the same O, for the said 500 l. by the same O. in Form aforesaid acknowledged, and against the said Ed. for the said 200 l. by the same E, in Form aforesaid acknowledged, and against the said George for the said 200 l. by him in Form acknowledged, And against the said Thomas for the said 200 l. by the same Thomas in Form aforesaid acknowledged. And against the said Robert for the said 200 l. by the same Robert in Form aforesaid acknowledged, etc.  
T 10. Jac. Rot. 338, Walter Staff. ss. It was commanded the sheriff, 
Entry of a special writ of Scire facias where the lands are extended for the P●. but the sheriff saith that he extended the same Lands upon an other Elegit and delivered them to the party, and that he cannot deliver them to the p●. now until the debt aforesaid be levied, and upon a judgement that the first recorder is satisfied he shall have such a Scire fac. against the first creditor to remove him, and to have the lands delivered upon the second extent. 38, E. 3. 12. 6.  whereas it was considered that in the Court of the Lord the King here that Edward B. Knight should have execution against Thomas Coney late of, etc. otherwise called, etc. aswell of a certain debt of 80 l. which the same Ed. otherwise in the Court of the Lady Elizabeth late Queen of England here, to wit in Mich. Term An. of the Reign of the said Lady the Queen 39 and 40, had recovered against him, as of 50 s, which to the same Ed. in the same Court were adjudged for his damages which he had by occasion of the detaining of that debt whereof he is convicted. And the same Edward afterwards came into the Court of the Lord the King now here, and by the statute in such case provided chose to be delivered to him all the goods and chattles of the said T. besides his Oxen & other necessaries for the plough, & likewise the moiety of all his lands and Tenements in the County of Staff. to hold as his Free Tenements to him and his assigns, according to the statute aforesaid until he had levied the debt and Damages thereupon, whereupon the King by his writ commanded the sheriff of Staff. that all the goods and chattles of the same T. besides his Oxen and necessaries of his Plough, and likewise all his lands and Tenements in the County of Staff. whereof the same T. in Cr. Anim. An. of the Reign of the late Queen 39 or at any times afterwards was seized or possessed, without delay he should cause to be delivered to the said Edward, by a reasonable price and extent, to hold to him the goods and Chattles aforesaid as his proper goods and Chattles, And also to hold the moiety aforesaid as his Free Tenement to him & his assigns, according to the Form of the statute aforesaid, until he had levied the debt & Damages aforesaid thereupon, and in as much, etc. the sheriff should make to appear here in Craft. Anim. An. Regni Rs. nunc 9, and the same sheriff here then returned that he by virtue of the writ aforesaid to him directed had take a certain Inquisition before him at Stafford in the same County of Staff. the 22. day of October last passed by the Oath of 12. etc. by which it was found, that the same T. after the Judgement in the same Writ specified given, to wit, the 20, day of November, before the taking of the inquisition aforesaid was seized, in his Demesne of Fee, of and in the Manor of W. Coney with its Rights members and appurtenances in the said County of Saff. of the yearly rent in all issues besides reprizes 40 s. and recite the return of the inquisition word for word, until in all issues besides reprizes 20 s. And further by the Inquisition aforesaid it is found that the same T. C. at the time of giving of the judgement in the Writ aforesaid specified, or at any time afterwards until the same day of taking of the inquisition aforesaid, had no other or more land or Tenements, nor any goods or Chattels in the same County of Stafford to the knowledge of the Jury of the Inquisition aforesaid, & further the same sheriff then & there returned that he by virtue of the Writ aforesaid, the moiety of the Manor and Tenements aforesaid above mentioned to be extended, to the same Edw. B. according to the exegency of that writ he could not cause to be delivered for that the Manor aforesaid and all other the premises with the appurtenances, by virtue of an other writ of Extent and Liberi fac to him before therein directed the eight day of January last passed to one H P. made to be delivered, All and singular which premises with the appurtenance in the hands of the same H. yet are and remain by occasion thereof. And as to any further execution of the said writ nothing by the said sheriff was further acted therein, As by the Record thereof in the Court here remaining manifestly appeareth, & although after the taking of the Inquisition aforesaid the 8. day of November An: Regni of the said Lord the King now of England the 9, th'. abovesaid, it is satisfied to the said Humphrey by the said T. Coney of his debt and Damages in the said other Writ specified, And although also the said Edward be not yet satisfied of his Debt and Damages aforesaid, Notwithstanding the same Humphrey yet keepeth possession of the lands and Tenements aforesaid with the appurtenances, 
General avermant of satisfaction.  as by the information of the said Edward the King understandeth, And the same Lord the King being willing to do to the said Edw what is just and consonant to reason doth command the sheriff that by honest, etc. he should make known to the said Humphrey that he should be here at this day, to wit, Cr. S. Trin, to show if any thing, etc. wherefore the same Humphrey whereas he is satisfied of the Debt and Damages aforesaid, in Form as aforesaid, The possession of the Manor & Tenements aforesaid with the appurtenances he would hold or aught, and row here at this day came aswell the said Edward by john Richards his attorney as the same Humphrey by R. G. his attorney, and hereupon the same E. prayeth judgement and that the same H. from his possession of the Manor and Tenements aforesaid with the appurtenances may be removed, And that the said Edward into the possession of the moiety of the same Manor and Tenements with the appurtenances may be restored, so that the moiety of the same to the said Edward according to the extent aforesaid may be delivered, etc.  
ANd the said Humphrey reserving to himself all and every advantatages and exceptions, 
Special imparlance.  aswell to the Writ as to the declaration a-aforesaid, prayeth licence thereof to imparll until Oct. S. Mich. and hath it, etc. the same day is given to the said Edward B. here, etc. At which day here came aswell the said Edward as the said Humphrey by their attorneys aforesaid, And hereupon the same Edw as before prayeth judgement, and that the said H. from his possession of the manor and Tenements aforesaid with the appurtenances may be removed, and that the moiety of the same Manor and Tenements aforesaid with the appurtenances to the said Edward according to the Extent aforesaid may be delivered, etc. And the same Humphrey nothing in Bar or delay of the judgement aforesaid saith whereby the same Edward, remaineth against the same H. therein without defence, Therefore it is considered that the same Humphrey from the possession of the manor & Tenements aforesaid with the appurtenances be removed, etc. And that the moiety of the same Manor and Tenements with the appurtenances according to the Extent, aforesaid to the said Edward should be delivered, and etc. And hereupon the sheriff is commanded that he remove the same Hum. from the possession of the manor and Tenements aforesaid with the appurtenances and the moiety of the same Manor and Tenements aforesaid with the appurtenances according to the Extent aforesaid without delay he should cause to be delivered, And in as much, etc. the sheriff make to appear here 15. Hill. at which day here came the said Edward by his Attorney aforesaid, and the sheriff of the said County of Stafford, to wit, R. M. Esquire now returneth that he by virtue of the writ aforesaid to him directed the 20, day of January An. etc. 10. came to the manor and Tenements aforesaid with the appurtenances And the same Humphrey P, from the possession of the Manor, and Tenements aforesaid with the appurtenances removed, And the moiety of the same manor and Tenements aforesaid with the appurtenances, to wit, one Close called the Mills. of the yearly in all issues besides reprises 8 l. and so recite such premises as are expressed in the Writ by the first Inquisition, unto beyond reprizes 4 l. being the equal and just moiety of the whole Manor and of all the Tenements aforesaid with the appurtenances to the same Edward B. made to be delivered according to the extent aforesaid in the Inquisition aforesaid above made, as by the said Writ it was commanded to him, etc.  

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

Entry of a Sci: fac. after a devastavit returned brought by the Administrator of the plaintiff who is dead, after judgement upon the devastavit that he should have execution de bonis propr. executoris. M: 9 Jac: Rot: 703. the like.  H 19 Jac. Rot. 2098. B. Cornub, ss. It was commanded whereas the King had lately commanded W. C. late sheriff of the County aforesaid that of the goods and Chattels which were of Io. P. late called Io. of M. within the parish of P. in the County aforesaid Gent. at the time of his death in the hands of W.P. late of P. etc. Gent. and Joan P. late of P. in the County aforesaid widow executors of the Testament of the same john in your bailiwick he should make aswell a certain Debt of 40 l. which Gar. B. widow in the Court of the King now here, to wit at Westminster had recovered against them, as 40 s. which to the same G. in the same Court of the King here were adjudged for her Damages which she had by occasion of the detaining of the said Debt, if the same W. and I. so much goods and Chattels which were of the same I. at the time of his death in their hands to be administered had, and if they had not. Then the Damages aforesaid of the proper goods and Chattels of the said William and Joan to be levied and that he should have those monies here in Cr. S. Martini last passed to render to the same Gar. for her Debt and Damages aforesaid whereof they are convicted. And now here at this day came the said Gar. by Nich. Cory her attorney, And the same now Sheriff at that day returned, that before the coming of the Writ aforesaid to him directed, the same William and Joan the goods and Chattles which were of the same john at the time of his death in the hands of the said William and joane to the value of the debt and Damages aforesaid had wasted, by which the Debt and Damages aforesaid or any parcel thereof he could cause to be made and the same sheriff further returneth that he caused to be made of the proper goods and Chattels of the said William 40 s. for the Damages aforesaid, which said 40 s. at the day and place abovesaid he had ready as by the said writ it was commanded him, And the same Gar. is dead as by the information of E, L. and Margaret his wife Administratrix of the goods and Chattels which were of the said Gar, at the time of her death and Ric. Penhallow and Mary his wife co-administratrix with the said Margaret of the goods and chattels aforesaid, the King understandeth, and because, etc. That by honest, etc. he should make known to the same William and I, that they should be here at this day, to wit, Tres Tr. to show if any thing, etc. wherefore the said Ed. and Margaret R. and Mary, 
Offer.  execution against them for the Debt aforesaid, of the proper goods and Chattels of the same W. and I they ought not to have, etc. And now here at this day came the same Ed. and Margaret, Richard and Mary by the same N. C. their Attorney, 
Averment, that the plaintiff died intestate, and the Letters of administration showed, etc.  and offered themselves the fourth day against the same William and joane, in the same plea, etc. and they being solemnly called came not, and the sheriff now returneth, that they have nothing, etc. nor are found, etc. And hereupon the same Edward and Margaret, Richard and Mary say, that the said Gartrude died intestate, and that the Administration of all the goods and chattels which were of the said Gartrude at the time of her death, by George, by Divine providence, etc. the twenty sixth day of May, Anno Domini, 1621. at London, in the Parish of Saint Mary Bow, in the Ward of Cheap, to the same Margaret and Mary after the death of the said Gartrude was committed, and they bring here into the Court the Letters administratory of the said Archbishop which the Commission of the Administration aforesaid, in form aforesaid, testify, etc. and pray Execution against the same William and joan of the Debt aforesaid, to them to be adjudged, etc. Therefore it is considered that the same Edward and Margaret, Richard and Mary, 
Execution by Default.  have Execution against the said W. and Io. of the debt aforesaid, of the proper goods and Chattels of the same W. and joane to be levied by default, etc.  
TRin. 2. H. 6. rot. 131. Essex ss. It was commanded the Sheriff, 

Entry of a Scire fac. against the Sheriff for taking insufficient pledges in a Replegiare in Com.  
2 H. 6. fol. 15. pl. 15. This case reported agreeing with this Record. Fitzherbert process 72. 9 H. 6. 42. Book of entries, 564. 570 571. 15 E. 4. fol. 19 by Callow Detinue byeth- H 11. Jac. 100L. 3563. By: Leicester ss. Somerfield and Buney against Beaumont, the like Scire facias.  
F.N.B. 69. cap. 74.21. H. 6. 40. Hill. 44. Eliz. rot. 2555.   whereas of late, the King had commanded the same sheriff, that by honest and lawful men of his County he should make known to Jo. Wallis and William Bennet, who for John Compeer late of O. etc. became pledges for the Return of the cattles to be made, which Jo. Armour Citizen and Mercer of London took and unjustly detained, as is said, if it should be adjudged, that they should be before the Justices of the Lord the King here in Octob. saucti Hillarii, last passed, to show if any thing, etc. wherefore the cattles aforesaid, for that return of them to the said I Armour, for default of the same I. C. in the same Court afterwards made, was adjudged, and that the cattles aforesaid were sold and eloyned, to the same I. Armour, ought not to be returned, or for defect of Return of the same Cattles, the Price of them of the lands and chattels of the same I W. and W. B. in your Bailiwick to be made and rendered to the same I A according to the form of the statute therein made, and of the pledges abovesaid, the same sheriff to the same Justices of the Lord the King at that day returned, that the same I W and W B have nothing in his Bailiwick by which he could make known to them, nor were found in the same, whereby the said I. A. from having return aforesaid, hath received a very long delay, whereupon he hath besought the Lord the King to exhibit justice to him, and that the statutes of the Kingdom of the Lord the King made for the bettering of the same, may remain stable, the King will for the benefit of his Liege people, by speediest remedies, consonant to the same statutes, that by honest, etc. he should make known to W. L. late sheriff of the County aforesaid, predecessor of the now sheriff, who took the pledges aforesaid in Form aforesaid, that he should be here at this day, to wit, in 8 sancti Trinitatis, to show if any thing, etc. wherefore he so many cattles, to wit, two horses and eighty sheep, as the same I. A. took from the same I. C. as in the same Court he hath avowed, 
Sci. fac. returned.  or the price of them for the insufficiency of the pledges aforesaid, to the same I. A. in the name of the Return of the Cattles aforesaid, ought not to render according to the Form of the statute aforesaid, 
Judgement' by default, and the awarding of a writ to take of the said sheriff totanimali vel prec. and to deliver them to the plaintiff Nomine returni.  if etc. And now here at this day cometh the same I. A. in his proper person, and the said W.L. late sheriff, 4 Die pl. being solemnly called came not, and the sheriff now returneth, that he made known to the said late sheriff of being here at this day to show in Form aforesaid, by I.S. and W.C. Therefore it is considered, that the same I. A. have of the late sheriff two horses and eighty sheep, to the value of the other goods aforesaid, which the said I. A. late took or the price of them, and a writ to the sheriff to take of the late sheriff the Cattles aforesaid or the price of them, and them or that to the same I. A. in the name of the Return of the other cattles aforesaid to deliver, etc.  


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

Entry of a writ of Testat. Sci: fac: against Ter tenants, who appear upon the Sheriff's return, and say that there is another Tertenant in an other County, non praenuncit, and pray that they may not answer to the w●it of Sci: fac: brought against them usque alius p●aemuniatur.  T 20. Jac. R. Rot. 3047. Brownlow, Otherwise as it appeareth Mich. 19 Jac. Rot. 939. It is thus contained; otherwise as it appeareth M. 19 Rot. 1637. It is contained thus London ss. It was commanded the sheriffs whereas V Norrington lately in the Court of the Lady Elizabeth late Queen of England, to wit. in Mich. Term An Regni sui 35 and 36. before Edmond Anderson Knight and his associates then Justices of the Lady the Queen of the Common Bench at the Town of S. Alb. in the County of Hertf. by the consideration of the same Court had recovered against Far, Earl of D. otherwise called F. Ear. of D. aswell a certain Debt of 300 l. as 50 s. which of the same Vin. in the same Court of the late Qu. of the Common Bench were adjudged for his Damages which he had by occasion of the detaining of that Debt whereof he is convicted as by the Record and proceed therein in the same Court of the Lord the King here, to wit, at Westminster remaining manifestly appeareth, Execution notwithstanding of the judgement aforesaid yet remaineth undone, And aswell the said Earl as the said Vincent are dead As by the information of I. A. and Sarah his wife administratrix of the ●●●ds and Chattels which were of the said Vincent by Joan Norrington ●●te Executrix of the Testament of the said Vincent not administered, the King understandeth, and because, etc. that by honest, etc. They should make known to the Tenants of the lands and Tenements which were of the said Earl of Derb. An. of the late Queen 35. which day the judgement aforesaid was given or at any time afterwards that they should be here at this day, to wit, tres Trin. to show if any thing, etc. wherefore the Debt and Damages aforesaid ought not to be made of those lands and Tenements and rendered to the same john and Sarah according to the Form of the recovery aforesaid if, etc. And now here at this day came the same john and Sarah by Thomas Cony their attorney and offered themselves the 4. day against the said Tenants in the plea aforesaid, And they being solemnly called came not, and the sheriff, to wit, R, D. and E. A. now tetorne that there are not any Tenants nor any Tenant of any lands or Tenements which were of the said Earl at the same time of the judgement aforesaid given, 
Testat. Sci: fac:  or any time afterwards in their bailiwick to whom or to which they could make known, And hereupon it is testified in the same Court of the said lord the King here, that there are divers Tenants of lands and Tenements which were of the said Earl at the time of the judgement aforesaid given and afterwards in the County of North. to whom he may make known, Therefore it is commanded the sheriff of North. that by honest, etc. that he make known to the Tenants of the lands and Tenements which were of the said Earl at the time of the judgement aforesaid given or at any time afterwards in his bailiwick that they be here in 8. S. Mich. to show in Form aforesaid if, etc. At which day here came aswell the said I. Awberry and Sarah by their attorney aforesaid, as john Earl of Bridgwater and Francis his wife premonished etc. by William Cragg their attorney, and the sheriff of the said County of North. to wit, Lodowich Pemberton Knight now returneth that he by virtue of the Writ aforesaid to him directed by William Smith and Thomas Allen honest, etc. made known to the said john Earl of Bridgwater and Francis Tenants of 2. Messu. 1. Cottage 100 acres of land 20. acres of Meadow and 100 acres of pasture called Swillington lands with the appurtenances in Brackley in the same County of North. 
Tertenants of divers lands returned.  of the lands and Tenements which were of the said Fardinand Earl of Darb. of which the said Earl was seized in the Cr. Anim. An. 30, abovesaid of being here at the same Oct. S. Mich. to show in Form aforesaid, etc. And that there are no other or more Tenants of any lands or Tenements which were of the said Earl at the said Cr. Anim. or any time afterwards in his bailiwick to whom he can make known. And hereupon the same john Awbury and Sarah say that the administration of all the goods and Chattels which were of the said Vincent at the time of his death by the same Joan Norrington not administered by George Archbishop of Canterbury of all England Primate and Metropolitan the 12. day of November An Rs. nunc 12. at London in the parish of S. Marry Bow in the Ward of Cheap after the death of the same Joan to the said Sa. were committed, And they bring here in the Court lit. Administrator of the said Arch Bpp which the commission of the Administration aforesaid in Form aforesaid testifies, etc. & pray execution against the said Earl of Bridgwater and Francis of the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances in Form aforesaid to them to be adjudged, etc. And the Earl of Bridgwater and Francis pray licence therein to imparle here until 8. S. Hill. And have it, etc. the same day is given to the same john Awbury and Sarah here, &c, which imparlance is continued until Cr. Tri. 20. Jac. At which day the Defendant pleads as followeth, And the same Earl of Bridgwater and Francis say, that the same I. A. and Sarah ought not to have execution against them for the debt and Damages aforesaid, because they say, that the day of purchasing of the said Writ of Scire facias prosecuted against the same Earl and Francis, to wit, the first day of june An. Rs. &c, 19 one Christopher Earl Esquire was and yet is Tenant as of Fee, Tenant of the manor of S. M. with the appurtenances in S. M. in the county of Dor. and of 20. Messages 20. Gardens 20. 
M. 11 Edw. 3. Fitz. brev: 266. such plea is adjudged good.  Orchards, etc. with the appurtenances in S. M. aforesaid whereof the same Fardinand late Earl of Darb. in the said morrow after all Souls An. 35. of the said late Queen abovesaid, which day the judgement aforesaid was given, was seized in his Demesne as of Fee, And that no writ of Scire facias issued out of the Court here directed to the sheriff of Dor. to premonish the same Tenant of the Manor and Tenements aforesaid of being here so that execution of the judgement aforesaid may be done upon him if it can, and this they are ready to verify, whereupon they pray judgement and a Writ of Scire Fac. against the Tenant of the Manor and the Tenements aforesaid in the same County of Do. at the prosecution of the said I. Awbury and Sarah to be directed to the same sheriff of Dor. to issue out of the court here to premonish the same Tenant of the manor and Tenements aforesaid which were of the late Earl of Darb. of being here to answer of and upon the premises, The same Earl of Bridgwater and Francis pray that a Writ of Scire Fac. may issue out of the Court here to premonish the same Tenant of the Manor and Tenemants aforesaid in the County of Do. being here, etc. To show in Form aforesaid, etc.  
ANd the same john and Sarah that they by any thing before alleged from having their execution aforesaid against the said Earl of B. and F. for the Debt and Damages aforesaid of the Tenements aforesaid with the appurtenances whereof the same Earl and Francis are above returned Tenants, 
Replication and Travers, without that, that the Debtor was seized in fee of those lands at the time of the judgement.  ought not to be hindered because they say that long before the judgement aforesaid given in Form as aforesaid the said Edward late Earl of Derb. was seized of the said manor of Sturmister Marshals and Tenements in Fee, and being so thereof seized, and afterwards and before the judgement aforesaid, to wit, 12. April An. 3. and 4. Ph. and Mary of the same manor and Tenements enfeoffed W. M. and I. E in Fee, to the uses of H. S. Signior Strange, and Margaret for their Lives, and the life of every of them, and after their deaths to the use of the heirs of the said H. of the body of the said M. begotten or to be begotten, and for default of such heir's males, to the use of Edward Earl of Derb. and the heirs of his body lawfully begotten, and for default of such issue, to those of the right heirs of the said Edward Earl of Derb. a tout jours and show that the said Henry and Margaret had issue the aforesaid Fardinand Earl of Darbey and died seized &c. by which the said Fardinand entered and was seized in special Tail to wit etc. And being so thereof seized, the judgement aforesaid upon the said writ of Scire facias above specified was had against the same Fardinand then seized of the said Manor and Tenements aforesaid with the appurtenances in his demesnes of Fee, to wit to him and his heirs males of his body lawfully proceeding, And the same Fardinand being so thereof seized, the same Fardinand after the judgement aforesaid given at Brackly aforesaid died, of such his estate thereof seized without heir Male of his body lawfully proceeding, without this, that the said Fardinand late Earl of Derb. at the same Cr. Anim. An. 35. abovesaid was seized of the said Manor of S. M. to the Tenements aforesaid with the appurtenances in S. M. in his demesnes of Fee as the same Earl of Bridgwater and Francis have before alleged, 
Travers.  and this they are ready to verify whereupon they pray judgement and their execution aforesaid against the same Earl of Bridgwater and Fr. of the Debt and Damages aforesaid of the tenements aforesaid with the appurtenances whereof the same Earl and Francis are above returned Tenants to them to be adjudged, etc. issue upon the Travers, 
Issue upon the Travers.  and a ven. fac. awarded to the sheriff of Do. of the neighbourhood of Sturnister Martial, quaere if it ought not to have been of the Manor, etc.  
P 20. J. Rot. 2075. Buk. ss. Whereas Samuel Cowper and john Sanders executors of the Testament of Antony Cowper Gent, 
Entry of a Sci. Fac. against ●e●t●enants of lands, etc. tempore judiciireddit. And divers tenants of divers lands a e returneds who came not and a writ of Elegit is awarded of the moiety of the lands whereof they were returned tenants H: 39 Eliz. rot 2336.  lately in the Court of the Lord the King now, to wit, in Trinity Term An. 19 before Henry Horbert Knight and Baronet and his associates then Justices of the said Lord the King of the common Bench here, to wit, at We. by the consideration of the same Court had recovered against Ric. Gosnold. late, etc. otherwise called R. G. of, &c aswell a certain Debt of 40 l. as 60 l. which to the same S. and I. in the same Court of the King here were adjudged for their Damages which they had, etc. whereof he is convicted, As by the Record, &c Execution nevertheless, etc. And the same Richard is dead as by the information of the said Samuel and john the King understandeth and because, etc. that by honest, etc. he should make known to the Tenants of the lands and Tenements in your Bayliwick, whereof the same Richard was seized in his demesne as of Fee in Cr. S. Trin. last past, on which day judgement aforesaid was given or at any time afterwards, that they should be here at this day, to wit. Quinq Pas. to show if any thing, etc. wherefore the same Samuel and Io. Execution against them for the Debt, and Damages, aforesaid, of the Lands and Tenements aforesaid ought not to have according to the Form of the recovery aforesaid if, etc. And now here at this day came the same S, and I. by john Andrews their attorney and offered themselves the fourth day against the Tenants of the Lands and Tenements which were of the said Richard at the time of the judgement aforesaid given or at any time afterwards in the same plea, 
Scire fac. to several ter-tenants of divers lands and tenements, 2. of whom make default.  And they being solemnly called came not and the sheriff, to wit, john Denham Knight now returneth that by G. B. and G. G. honest, etc. he make known to Eliz. G. widow Tenant of one capital Message, etc. in Becconfeild aforesaid, etc. and also to one R. G. Gent. an other Tenant of one capital Message or Farm, etc. And to Susanu G. and T. G. Tenants of one Message, etc. and to Thomas G. Gent. Tenant of one Message or Inn, etc. And also to one ja. Necton Esq. Tenant of one Message, etc. which were of the said Rich. Goswold in Fee-simple at the time of the judgement given, and afterwards, And hereupon the same Sam. and Io. pray execution against the said Ter-tenants of the Debt and Damages of the several Lands and Tenements aforesaid with the appurtenances which were of the said Richard at the time of the judgement aforesaid given to be adjudged to them, 
Execution by default.  etc. Therefore it is considered that the same Samuel and john have Execution for the debt and Damages aforesaid against the said several Tenants of the said several Lands and Tenements with the appurtenances by default of the said several tenants to be levied, etc. And hereupon the same Sam. and john have chosen to be delivered to them the moiety of the several Lands and Tenements aforesaid with the appurtenances, to hold as their Free tenement to them and their assigns according to the form of the statute therein made and provided until the Debt and Damages aforesaid shall be thereof levied, 
Elegit awarded.  and pray a Writ of the Lord the King to be directed to the sheriff of the county aforesaid and it is granted to them retornable here from the day of the holy Trinity in three weeks, etc.  
P 39 Eliz. Rot, 1347. a Scire facias against. Ter-tenants 2. are returned, 1. makes default and the execution awarded against him of the Lands whereof he is Tenant, And the other Tenant pleads, etc.  
H 7. Eliz. Rot. 1357. divers testats Scire fac. awarded into several Counties at one time, against the Ter-tenants.  
M 7. Jac Rot. 45. in't. Plit. ter. Brownlow Nott. ss. It was commanded the sheriff, 

Scire fac. brought by the heir and exec. of the demandant to have execution of a judgement in an Assize of nuisance quod nocumentum amoveatur and for damages after the record of the assize is certified unto the Bench 43. E. 3. 2. br. Execut. 3 z. accord, Assize of nusans brought in Confinio Com.  
P. 10. H. 4 Rot. 225. Scire fac. brought by the heir of the defendant upon the recovery in an assize to have execution upon the land, and the tenant pleads no tenure for want   whereas lately, to wit, upon Monday the 21 day of September An, of the reign of the Lord the King now 5. before T. G. Knight and Leonard B. Esq. and N. C. Esq. late Justices assigned to take the Assizes of the said Lord the King in the Counties of No, & L. at D. P. in the same C. of. L. and at Ha. in the said C. of Nott, by the recognitors of the same Assize of Nusans it is found. that Tho. Conians Esq. unjustly without Judgement raised a certain bank in B. in the County of Nott. to the hurt of the Free Tenement of Tho. Taylor Esq. in D. aforesaid within 30. years now last passed, to wit, whereas the same T. T. was seized of and in one Close of pasture containing by estimation 100 acres with the appurtenances called D. Carres in D. aforesaid in his demesne as of Fee, And whereas also the same T. T. is likewise and of a long time was seized, of and in one Close of pasture containing by estimation 40. 
Plaint in an assiz of nusans  acres with the appurtenances called H. in B. aforesaid in his demesne as of Fee ne'er adjoining to the same Close of pasture called D. C. And the same T. T. and all those whose estate the same T, T. then had in the same close of pasture of the same T. T. called D. C. from the time whereof the memory of man is not to the contrary, 
good president  have had and were accustomed to have a certain gutter or Sewer leading of and from the same close called D. C. through the same close of the said T.T. called H. otherwise H. and from thence unto the common River called the Fosse in the county of Lincoln aforesaid, in which said Gutter the water running falling and flowing in and upon the same close of pasture of the same T. T. called D. C. from time to time and by the whole time abovesaid was continually accustomed and wont to run through the same close of the same T. C. called H. otherwise H. and from thence unto the said common river called the Fosse and the same T. T. being so seized of the same close of pasture called D. C, and of the same Gutter in F. aforesaid and the same T. T. being likewise seized of the same close of pasture called H. otherwise H. in F. aforesaid the same T. C. before the purchasing of the original writ of the assize aforesaid, to wit the 21. day of May An. Rs. nunc 5. a certain bank in and upon the same gutter in the same close of the same T, T. being, unjustly and without judgement made erected and exalted, And the watercourse, into the gutter aforesaid from the same close called D. C. falling and descending and being wont to fall and descend into the gutter aforesaid by the exalting making and erecting of the bank aforesaid obstructed and stopped by reason whereof the water in and upon the same close of the said T. T. called D, C. from the time of the exalting making and erecting of the bank aforesaid, running falling and descending from the same close of the said T. T. by the ancient course through the said close of the said T. T. And from thence unto the said common river called the F. aforesaid as before it was wont & accustomed to run and to be conveyed, is hindered where by the water by the gutter aforesaid out of and from the same close of the same T. T. by its ancient course descending and running until the bank aforesaid newly exalted, back again in and upon the said close of the said T. T. doth reflow and overflow the same Close, whereby that close by the overflowing aforesaid became Sterile and unfertill And the same T. T. the Profit of his close by a long time, to wit, from the said 21. day of May until the day of purchasing of the original Writ of the assize aforesaid, to wit, the 22. day of June An. Rs. nunc 5. abovesaid lost to the nocument of the Free tenement of the same T. T whereupon before the same Justices it was considered that the hurt aforesaid by the view of the Recognitors aforesaid should be removed and that the bank aforesaid should be cast down, 
judgmenn in an assize of nusans  so that the water aforesaid by the gutter aforesaid through the same close of the same T. T. called H. otherwise H. and from thence unto the common River called the Fosse, in the same County of Lincoln, into its ancient course at the charge of the said T. it should be reduced, and that the said T. T. should recover against the same T.C. his damages to eight pounds by the Recognitors of the Assize aforesaid assessed, and also 8 l. and ten shillings to the same T.C. at his request, for his costs and charges at the discretion of the Justices, here adjudged of increase, which said Damages in the whole do amount to sixteen pounds and ten shillings, 
The record of the Assize certifis d into the Bench.  and that the same T.C. should be thereof in mercy, as by the Record and proceed therein the Justices of the said Lord the King here, to wit at Westminster, at the command of the Lord the King sent, and in the same Court here before them remaining manifestly appeareth, Execution notwithstanding of the judgement aforesaid yet remaineth undone, and the same T.T. is dead as by the information of T. T. Esquire, son and heir of the said T.T. his Father, and Executor of the Testament of the said T.T. his Father, the King understandeth, and because, etc. that by honest, etc. he should make known to the same T.C. that he should be here in 8. Sancti Michaelis, to show if any thing, &c wherefore the same T. T. the son Execution upon the judgement aforesaid ought not to have if, etc. At which said 8. Sancti Michalis. Adjournment until men's. Michaelis.  
ANd now here at this day came as well the same T.T. the Son, by E. S. his Attorney as the same T. C. premonished, etc. by I. A. his Attorney, and the sheriff now returneth that he had made known to the said T.C. of being here at this day, to show in Form aforesaid, etc. by M. H. and E. H. honest, etc. and hereupon the same T.T. son and heir, bringeth here into Court the Letters Testamentary of the said T.T. his Father, by which it appeareth to the Court here, the same T. T. the son to be Executor of the Testament aforesaid, and thereof to have the Administration, etc. And as Son and heir of the said T. T. his Father, prayeth that the Nuisance aforesaid by the view of the Recognitors aforesaid may be removed, and that the bank aforesaid may be cast down, etc. so that the water aforesaid by the gutter aforesaid through the same close of the same T.C. called H. and from thence unto the common River called Fosse in the said County of Lincoln, into its ancient course at the charges of the said T.C. may be reduced, and as Executor of the Testament aforesaid, prayeth Execution for the Damages aforesaid to be adjudged unto him, etc.  
ANd the same T.C. nothing to hinder the Execution of the judgement aforesaid, saith, whereby the same T. T. the son remaineth against the same T.C. therein without defence, 
N. l. dic.  Therefore it is considered that the said T.T. son and heir of T.T. his Father, and as Executor of the Testament aforesaid, have Execution of the judgement aforesaid against the same T.C. in form aforesaid given, etc.  
P 21. jac. rot. 1816. Brownlow. Norff. ss. 
Entry of a Sci. fac for the Tenant in a w●it of dower, to have execution of the lands, to the va●ue, etc. of the third part recovered in dower after seisin hod of the third pa●t demanded for the demandant against the Tenant.  It was commanded the sheriff, whereas joane Morrell, widow, who was the wife of John M. Gent. lately in the Court of the Lord the King now here, to wit, at Westminster, had demanded against Robert Long Gent the third part of one Message, etc. with the Appurtenances in H. as her Dower which happened to her out of the free Tenement, which was of the said I her late husband, by writ of the Lord the King, Dedo te unde nichil habet. And the same Robert in the same Court of the Lord King here called john N. Gent. summoned in the County aforesaid to warrant against her, which said john M. summoned, afterwards in the Court of the Lord the King here made default, by which it was then considered in the same Court, of the King here, in the Term of Saint Michael, Anno Regis nunc, 18. that the said joan should recover her seisin against the same Robert of the third part aforesaid with the appurtenances, and that the same Robert should have of the third part of the said I. N. to the value of the third part aforesaid with the Appurtenances, by default of the said I. N. and although the same joan hath obtained her seisin of the third part aforesaid, with the appurtenances by virtue of the judgement aforesaid, nevertheless the same Robert of the third part of the same I. N. to the value of the third part aforesaid hath not attained, and because, etc. that by honest, etc. he should make known to the said I. N, that he should be here at this day, to wit, A Die Pas. in ●unam mensem, to show if any thing, etc. wherefore the same Robert of the third part of the same I N. to the value of the third part aforesaid with the Appurtenances according to the Form of the Recovery aforesaid, ought not to have, etc. And now here at this day came the same Robert by Luke Constable his Attorney, and offered himself the fourth day against the said I. N. in the same plea, and he being solemnly called came not, and the sheriff now returneth, that he by virtue of the Writ aforesaid to him directed, made known to the same I.N. of being here at this day, to show in form aforesaid, by john Do and R. R. etc. Therefore it is considered, that the same Robert have Execution and seisin against the said I.N. of the lands of the said I. N. to the value of the third part aforesaid with the appurtenances by default, etc. and hereupon the same Robert prayeth a Writ of the Lord the King to be directed to the sheriff of the County aforesaid to cause to be made to him full seisin of the Lands of the said john N. to the value of the third part aforesaid with the appurtenances to hold to him in severalty by meats and bounds, and it is granted to him returnable here in Crastino sancti Trinitatis, etc.  
T 21. jac. rot 3360. Brownlow Dorset ss. 
Sci. fac. sued by the administrators to have Execution upon a judgement had by them as administrators.  Hurding and Martin Admistrators of Martin, sue out a Scire facias upon a judgement had by them as Administrators M. 18. jac. against Star for fourteen pounds as for six pounds and have Execution by default, without showing the Letters of Administration, Quaere for they brought them into Court upon the first declaration.  
H 21. 21. jac. rot. 3150. Gulston, Otherwise as it appeareth in Mich. Term Anno 21. 

Entry of a Sci. fac. against the sheriff to render to the plaintiff so ma● catrell as were replevied by him by pledges for that the pledges are insufficient.  
Quaere, whether such writ aught to be brought in Middlesex, where the record of the recovery remaineth, or where the Testat. Sci. fac. is, to wit in the county of Surrey, 18 E. 4. 18. and 22. 9 H. 6. fol. 42. 15 24. 19 2 H. 6. 15. 21 H. 6. 40. 4 H. 7. 67. 10 H 7. 11. 3 Henr 6. Fitzh. process 72. The great question was whether the plaintiff should have such a Scire facias against the sheriff or a writ of Detinue, but it was not adjudged, but by the consent of the parties, the dem●urrer was waived, and issue taken.  
Note, that in the very case there was a non suit at Surrey Assizes, upon issue taken upon the avowry for damage pheasant, and such issue is not expressed in the writ, for which the writ is not good, Quaere tamen.  
Note, where the pledges were sufficient at the time of the taking, etc. and afterwards in the Term it was tried at the bar, and found for the Defendant, notwithstanding that the plaintiff gave in evidence, that one of the pledges was insufficient, because he should have replied, that I.S. one of the pledges was not sufficient at the time of the taking, etc.   jac. rot. 2752. It is thus contained, Surr. ss It was commanded the Sheriff, whereas Edmund Travers was summoned to be in the Court of the Lord the King now before his justices here, to wit, at Westminster to answer Rich. Ray of a plea, wherefore he the thirtieth day of August Anno of the Lord the King now of England, the nineteenth, at Deptford in a certain place there called H. took the cattles, to wit three Geldings, four Oxen, five Cows, seventy sheep, and one Calf of the same R. and them unjustly detained against sureties and pledges, etc. of which said taking and unjust detaining of the  aforesaid, the same Richard Raye another time, to wit, the one and thirtieth day of August Anno 19 abovesaid without our writ, levied a certain plaint against the same Edmond Travers before R. M. Knight, late Sheriff of the county of Surrey, in his County Court then held at Guildford, in the same County of Surrey, and then and there in the same County Court aforesaid, found to the then sheriff of the said County of Surrey, Pledges as well to prosecute his plaint. as for the Return of the cattles aforesaid to the same Edmund or the price of them, if return of them should be adjudged to the said Edmund, to wit certain R.R. and R.K. upon which said pledges the same then sheriff of Surry afterwards to wit, then at the petition of the said R.R. the cattles aforesaid according to the Law and Custom of the Realm of the Lord the King of England, to the same Richard Raye caused to be replevied, the Record of which said plaint afterwards by Writ of the said Lord the King to the sheriff of the said County of Surrey, in due manner sent here, to wit, at Westminster aforesaid was had, and the same R. Ray afterwards in the same Court of the Lord the King here, being solemnly called came not, but made Default, by which afterwards, to wit, in Michaelmas Term Anno 19 abovesaid in the same Court of the Lord the King here, it was considered that the same Richard Ray and his pledges to prosecute should be thereof in mercy, let the names of the pledges be enquired of, and that the same Ed. Travers should go thereof without day, etc. And that he should have Return of the Cattles aforesaid, whereupon by writ of the said Lord the King it was commanded to the late sheriff of Surrey that he should without delay make return of the cattles aforesaid to the said Edmond Travers, and should not deliver them at the complaint of the said Richard Ray, without the writ of the said Lord the King which should make express mention of the said judgement, and in as much as that precept of the Lord the King should be executed, he should make to appear to the Justices of the Lord the King here, to wit, at Westminster in Cro. sancti Trinitatis Anno Regis nunc 20 And the same late sheriff of Surrey to the Justices of the said Lord the King here, to wit, at Westminster aforesaid at that day returned, that before the coming of the said writ to him therein directed, the cattles aforesaid were eloyned by the same R. Raye to places to him unknown, so that he could not make return of the cattles aforesaid, to the said Edmund Travers, as by the said writ to him it was commanded, etc. whereupon it was commanded to the same Sheriff of Surrey, that of other cattles of the said R. Ray, to the value of the cattles aforesaid first taken, he should take in Withernam, and should deliver them to the said Edmund Travers to keep to him, until he could cause to be returned to the said Edmund Travers the cattles before taken, and that he should put by sureties and safe pledges the same R. Ray, that he should be before the justices of the said Lord the King here, to wit, at Westminster, Tres Trin. then next following to answer as well the said Lord the King for the contempt, as to the said Edmund Travers for the damages and injuries to him in this behalf done, and the said sheriff of Surrey to the same justices of the Lord the King at Westminster at that day returned, that the same R. Ray had no goods nor chattels in his Bayliwick which he could take in Withernam nor had any thing in his bailiwick by which he m ght be attached according to the Exigency of that writ, as by the Record and proceed therein in the same Court of the Lord the King here remaining manifestly appeareth, whereupon the said Lord the King to the same then sheriff by another writ of his had commanded, that by honest etc. he should make known to the same R. R. and R. K. his pledges that they should be here at this day, to wit, in Cro. Animarum then next following, to show if any thing, etc. wherefore the cattles aforesaid ought not to be delivered to the same Edmund Travers, for the same cattles of the same Richard Ray by the same Edmund Travers so before taken, and now by him eloyned, as they, as aforesaid, became pledges. And now here at this day came the said Edmund Travers by Henry Millet his Attorney, and offered himself the fourth day against the same R.R. and R. K. pledges in the plea aforesaid, and they being solemnly called came not, and the sheriff now returneth that they have nothing, etc. nor are found, etc. And whereupon the same Edmund Travers of having the Return of the cattles aforesaid, hath been a long time delayed, wherefore he supplicateth to the said Lord the King to exhibit justice to him, and that the statutes of the Lord the King of his Kingdom made for the bettering of the same, may remain stable, the K●ng will, for the benefit of his Liege people, by speediest remedies consonant to the same Statutes, be assistant, The sheriff is commanded that by honest etc. he make known to the said R. M. late sheriff of the same County of Surrey, who took the pledges aforesaid in form aforesaid, that he should be here at this day. A die in sancti Martini in 15 dies to show if any thing, etc. wherefore he so many cattles, to wit, three Geldings, four Oxen, five Cows, seventy sheep, and one Calf, or the price of them for the insufficiency of the pledges aforesaid, and against the Form of the statute in this case provided taken, to the same Edmund Travers, in the name of the return of the cattles aforesaid by him first taken, and by the same R. Raye eloyned, ought not to be rendered according to the Form of the statute aforesaid if, etc. At which day here came as well the said Edmund Travers by his Attorney aforesaid as the same R. M. premonished, etc. by George Bretton his Attorney, and hereupon the same Edmund Travers prayeth that the same R. M. the cattles aforesaid, to wit, as above, and the same M. by Henden sergeant in Law demurreth, And for cause showeth that it appeareth not for the said writ of scire facias, whether the pledges aforesaid were taken by the same R. M. then sheriff of the said county of Surrey being, upon any plaint before the same Sheriff in the County Court of the said County of Surrey, by the same R. Ray against the said Edmond Travers, before then levied, or upon any writ of the said Lord the King, De averiis Replegiand. issuing out of the Court of Chancery of the said Lord the King, as by the statute therein made is provided, and also that the plea aforesaid, and the proceed in the same plaint, whereupon the pledges aforesaid are supposed to be found, do not appear in the same writ of Scire facias, as they ought to appear, and this he is ready to verify, whereupon for Defect of sufficient writ of Scire facias in this behalf, the same R. M. prayeth judgement, and that the said Edmund from having return of the cattles aforesaid against the said R. M. may be barred. etc. Harris Serjeant joins in demurrer. Note Reader, That the Owner of the Original copy converted this writ in the beginning thereof, to wit, from (of which said taking, etc.) until (at Westminster aforesaid had) for defect of which matter the Defendants council demurred in Law, and shown the causes, but the Record is as the original Scire facias is, As also for his own learning, and because of the precedent, 21 Ed. 4. fol. 30. Fitzh. sci fac. 113. 27 H. 6. fol. 7. Ibidem pl. 34. 9 E. 4. fol. 50. were vouched to maintain this Scire facias, because it is _____ of the said Lord the King, Fest. remed. and the plaintiff therein shall recover no damages, which is for the benefit of the Defendant.  
H 22. jac. rot. 2426. 

Etntry of a writ of Scire fac. in debt for the demandant against a stranger whereby he afer a recovery had against the tenant, and before execution sued, enters into the third part recovered by writ of dower unde riens avorit.  
The tenant dieth.   Brownlow Essex. ss. In was commanded the sheriff whereas john Frith and Agnes his wife lately in the Court of the Lord the King now, to wit, in Easter Term An. Regni, etc. 22. before Henry Hobert Knight and Baronet and his associates then justices of the said Lord the King of the Common bench here, to wit, at Westminster by the consideration of the same Court had recovered their seisin against Samuel Ram of the third part of Tenn acres of wood with the appurtenances in Dagenham as the dower of the said Agnes of the endowment of William Humphrey her late husband by our Writ of Dower unde ni chil. hat. etc. As by the record and proceed therein in the same Court of the King here remaining it manifestly appeareth, And the same Samuel is dead, and one Mary Ram widow is entered into the third part v with the appurtenances, and holdeth the same against the Form of the recovery aforesaid as by the information of the same john and Agnes, the King understandeth and because, etc. that by honest, etc. he should make known to the said Mary that she should be here at this day, to wit, in 8. Pur. beatae Mariae to show if any thing, etc. wherefore the same john and Agnes, 
An estranger enters into the lands recovered and holds them against the recovers.  seisin & execution of the third part aforesaid with the appurtenances against her ought not to have, according to the Form of the recovery aforesaid if, etc. And now here at this day came the same john and Agnes by G. P. their attorney and offered themselves the 4. day against the same Mary in the plea aforesaid, and she being solemnly called came not, and the sheriff, to wit, 

Scire fac. returned.  
judgement that the demandant have execution of the third part by default etc.   Edward Botler Knight now returneth that he by virtue of the Writ aforesaid to him directed to john Humfery and Humphrey Clark honest, etc. hath made known to the same Mary Ram widow that she should be here at this day to show in Form aforesaid, etc. therefore it is considered that the same I. and A. have seisin and execution against the same Mary of the said third part aforesaid with the appurtenances by default, etc.  
H 22. Jac. Rot. 1688. Brownlow Midd. ss. The sheriff was commanded whereas Thomas Holt lately in the Court of the Lady Eliz. late Queen of England, to wit, 

Entry of a writ of Scire fac. upon a judgement in a writ de annuo redditu, to have execution de arreragiis incu●sis after judgement.  
P: 10: H: 4: rot. 123: rot: 224: 127: tiel: 12: H: 7: 8: 40: E: 3: 4: 11: H: 4: 34: 6, E 6, 134, 13 2, H, 6, 9 Pl. 6, 23 H, 8, fo, 5, Br. No, cases 28, accord with this Scire fac, execution 119. Scire fac. 203.   in the term of the holy Trinity in the year of the Reign of the said late Queen 32. before James Dyer Knight and his associates then Justices of the said late Queen of the common Bench at Westminster by the course of the same Court, had recovered against john Bradshaw late of Bradshaw in the County of Lanc. Esq., otherwise called, etc. a certain annual Rent of 80 s. to the same Tho. and his associets for term of life of the said T. at the several Feasts of the Nativity of St. john the Baptist and the birth of our Lord by equal portions to be paid yearly as by the Record and proceed therein in the same Court of the Lord the King now here remaining it manifestly appeareth. And 20 l. in arrearages of the yearly rent aforesaid after the judgement aforesaid given, for five whole years ended at the Feast of S. john the Baptist An. Regni, etc. 22. to the same Thomas are in arreare and not paid as by the information of the said Thomas the King understandeth. And because, etc. that by honest, etc. he should make known to the same john that he should be here at this day, to wit, 8. Hill. to show if any thing, etc. wherefore the same Thomas execution against him for the said 20 l. the arreareges of the yearly rent aforesaid after the judgement aforesaid given as aforesaid being in arreare ought not to have according to the Form of the recovery if, 

Judgement, Nota bene, P. 26. and 27. H. 8. rot. 359. M. 29. and 30. E. rot. 1024. hill. 7 H. 8. rot. 526. tiel.  
judgement that Pl. have execution de arreragiss tam tante diem impetr. brev, de Sci. fac. qu. post. incursis.   etc. And here now at this day came the same Thomas by George N. his attorney and offered himself the fourth day against the said Io. in the plea aforesaid, And he being solemnly called came not and the sheriff now returneth that he hath nothing, &c, nor is found, &c, Therefore it is considered that the said Tho. have execution against the said john aswell of the said 20 l of arrearages of the yearly rent aforesaid after the judgement aforesaid given, and before the day of the purchasing of the same writ of Scire fac. as of 40 s. of arrearage; of said yearly Rent, after the day of purchasing of the same writ of Scire fac. incurred, which said arreages in the whole do Amount unto twenty two pounds by default, etc. T. 22. Eliz. Dyer foe 377. Pl. 28. record.  
T 24. Eliz. Rot. 1856. Ford London ss. It was commanded the sheriffs that they should not omit for any their liberties but that they should take john Davis late of, 
Scire fac to take bail where one comes to the bar and pleads matter in discharge of an utlawry  etc. utlawed in London ter. die, etc. at the suit of Thomas Jurdaine in a plea of debt, etc. and safely, etc. so that they should have his body here at this day, to wit, in Cr. S. Tri. to do and receive what the Court of the Lady the Queen here shall consider of him in this behalf, etc. And now here at this day came the same john in his proper person, and the sheriffs now return that they took the body of the same john and the same have now ready, hereupon the same I. so taken and brought to the Bar saith that he ought not to be injured in this behalf, and that he by the Law of the land ought not to be charged with the said utlawry, because he saith that he at the day of the original writ of the said Thomas and the day of publishing of the utlawry was conversant and commorant in the parts beyond the Seas, 
Allegation that he lived beyond Sea the day of publishing of the utlawry.  to wit, at the City of Valencia in the parts of Spain, without this that the same days or any of them was commorant or conversant at L. Reg. aforesaid in the same County of Dor. as by the writ aforesaid is supposed, For which the utlawry aforesaid against the same John in form aforesaid published and had is altogether void and of no force nor effect in Law, And this he is ready to verify, whereupon he prayeth judgement, and that he from the utlawry aforesaid quiet and discharged may be dismissed from the Bar here, etc. And because it is expedient and needful that the said T. for his interest in this behalf be premonished, before it be further proceeded in to discharge the same Io. from the utlawry aforesaid. The sheriffs are commanded that by honest, 
A Scire fac to premonish the party for his Interest; etc.  etc. they should make known to the said Thomas that he be here, tres. Tri. to show if any thing, etc. wherefore the same I ought not to be discharged from the utlawry aforesaid, and hereupon W.W. of, etc. Merchant and I.B. of L. etc. undertook to have the body of the same I here at the same Term & so from day to day and at every day of the plea until the plea aforesaid should be ended and judgement therein should be given, to wit, each of them body for body, 
Bail body for body.  etc. and the same john Davis assumed for himself to be then here and at every day of the plea under the penalty of 10 l. which said 10 l. the same I. D. acknowledgeth to be made and levied of his Lands and Chattels to the use of the Lady the Queen to whose hands soever, etc. it shall happen the said john Davis at the same Term, or at any other day to him by the Court here in the premises to be prefixed, to make default, or not to prosecute his Suit in this behalf with effect, At which day here came the said john in his proper person, And the sheriffs now return that the said Thomas Jurdaine hath nothing, etc. nor is found, etc. therefore as before the sheriffs are commanded that by honest, etc. they should make known to the said Thomas that he be here Men. Mich. to show in Form aforesaid, 
Alias Scire fac awarded.  etc. and in the interim the same john Davis is dismissed by the bail aforesaid, etc.  
P 12. jac. Rot. 448. Walter Tarne of New Castle upon Tyne ss. 
Entry of a Scire fac. awarded and returned, after a Capias upon statute merchamt into the Bench, for the administration of the Conusce of the statute where the Conusee died after the capias returned, S●e M. 19 jac. rot. 726. P. 2. El. Die fo. 150 Pl. 49. 2. R. 3 fo. 8. Pl. 16. that such a Sci●e fac. lieth not in this case F. N. B. fol. 13 Register of writ's foe, 1486  It was commanded the sheriff whereas it was lately commanded by Writ of the said Lord the King to the same sheriff, that the body of I. H. late of H. in the County of Durham Knight if he were a Lay man and found in his bailiwick, he should take, and in prison of the Lord the King should safely keep until he had fully satisfied to I. H. etc. Gent. of 1600 l. which the same I. H. Knight, the 10. day of August An. etc. 8. before T. L. then Mayor of the town of Newcastle upon Tyne and W. I. then Clerk deputed to take Recognizances of deb: according to the Form of the statute merchant within the same Town acknowledged himself to owe to the same I.H. Gent. which to him he ought to have paid at the Feast of the birth of our Lords then next to come, & the same to him hath not paid, etc. and in as much, etc. he should make appear to the Justices of the Lord the King here, to wit, at Westminster, aforesaid Men. Pas. last past and the same sheriff to the Justices of the said Lord the King, to wit, at Westminster aforesaid at that day returned that the same I. H. Knight is a lay man, and not found in his bailiwick as by the record and proceed therein in the same court of the Lord the King before the Justices of the same Lord the King, here to wit, at Westminster aforesaid remaining manifestly appeareth, Execution notwithstanding of the judgement aforesaid yet remaineth undone, and the same I. H, Gent. is dead, as by the information of Robert Broundling Esq. Administrator of the goods and Chattles which were of the same I, H. at the time of his death during the minority of W. H. and R, H. Executors of the Testament of the said I. H. Gent. the King understandeth, and because, etc. that by honest, etc. be should make known to the said I. H. Knight that he should be here at this day, to wit, 15. Pas. to show if any thing, etc. wherefore the same Robert ought not to have Execution against him of the debt aforesaid ought not to have, etc. according to the form of the acknowledgement aforesaid, etc. & now here at this day came the same Rob. by I. Gill his attorney, and offered himself the fourth day against I. H Knight in the plea aforesaid and he being solemnly called came not and the sheriff, to wit, Henry Chapman now returneth that the said I. H. Knight hath nothing, etc. nor is found, etc. And hereupon the same R. saith that after the said 15. Pas. last past the same I. H. Gent. at the Town of Newcastle upon Tyne made his last will and Testament, the same William H. and Ralph his Sons being then within the age of 17. year's Executors of the same Testament made and ordained, And that the Administrators of all the goods and Chattles which were of the said I H. Gent. at the time of his death during the minority of the same William and Ralph by Clement Colmor, etc. The 19 day of November in the year of our Lord 1613. at the Town of New Castle upon Tyne after the death of the said I. H. Gent, to the same Robert was committed, And he bringeth here into Court aswell the letters Testamentary of the same I. H. Gent. by which it sufficiently appeareth to the Court here the same William and Ralph to be Executors of the Testament aforesaid, And thereof to have the administration, As the letters administratory of the said official which the Commission of the administration aforesaid in Form aforesaid do testify, whose date are the same 19 day of November An. Do. 1613. abovesaid with this that the said Robert will verify that the same William and Ralph are yet living, to wit, at the Town of Newcastle upon Tyne, and are within the age of 17. years, and hereupon the same Robert payeth execution against the same I. H. Knight of the Debt aforesaid by default, etc. and hereupon the same Robert prayeth a writ of the Lord the King by the statute, etc. to the Reverend Father in Christ William Bishop of Durham or keeper of his place there to be directed, And it is granted him retornable here in Cr. S. Trin, etc.  
ss. BRownlow ss. Whereas A. M, Gent. and W. H. late of, 
Entry of a Sci fac: against manucaptors.  etc. Gent. at an other time, to wit, 29 day of June An. 21. before Henry Hobart Knight and Baronet our Chief Justices of the common bench at his Chamber in Sergeants Inn Fleetstreet London, undertaken and each of them did undertake, to wit, the same A. in the sum of 160 l. And the same W. in the sum of 80 l. that he the same A. should appear in our Court before our Justices at Westminster in his proper person or by his sufficient attorney in Law to an action or writ of one R. S. against the same Arthur of and upon an action of debt upon demand of 80 l. before 8. Mich. then next to come to be commenced and in our said Court before our Justices at Westminster to be prosecuted, and to answer to the same Richard in the plea aforesaid, And also it should happen judgement after the appearance of the said A. in the Cour here made, in in the same plea, for the said Richard against the same A. to be given, to satisfy to the said Richard of the debt and damages for the same Richard against the same A, in the same Court in the plea aforesaid to be recovered or adjudged, or that he the same A, upon that occasion should render himself to the prison of the Fleet, Which said sum of 160 l. the same A acknowledgeth to be made of their lands and chattles & which said 80 l. the same W. acknowledgeth to be made of his lands, and Chattles to be levied to the use and behoof of the said Richard if it should happen the said A. to make default in any of the premises and thereof lawfully to be convicted, which said Recognizance in Form aforesaid taken, The said Chief Justice afterwards, to wit, the 30 day of June than next following in our said Court with his own hands and delivered to be inroled upon Record, and now there before our Justices of the common Bench aforesaid at Westminster aforesaid in the Term of the holy Trinity An. 21. abovesaid is inroled, of which said plea of Debt, a certain plaint before them was levied in our Court before john Hodges' Esq. then being one of the sheriffs of London and the same plaint by our Writ upon our Command, before our Chief Justice at his Chamber aforesaid was sent and had, As by the record and proceed therein in our said Court before our said Justices at Westminster remaining manifestly appeareth, And although the same Richard before the said Oct. S. Mich. to wit, the 17. day of September An. etc. 21. abovesaid our certain original Writ in a plea of debt of 80 l. against the same A. out of our Chancery at Westminster aforesaid then being, before our Justices of the Common Bench at Westminster aforesaid Oct. S. Mich. then next following retornable, Commenced and the same A. at the said 8. S. Mich. by I. R. then his Attorney to the said Writ in Debt aforesaid as by the same Richard against the same A. in Form aforesaid commenced according to the Form of the Recognizance aforesaid appeared, And afterwards, to wit, in 8. S. Hill. then next following the same A. aswell of the said Debt of 80 l. aforesaid as in 7 l. which to the same Richard in our said Court were adjudged for his Damages which he had by the occasion of the detaining of that Debt whereof he was convicted, and judgement there against the same A. for the same Richard in the same plea in our Court aforesaid was given, as by the Record and proceed therein in the same Court before our Justices at Westminster remaining manifestly appeareth, Nevertheless the same A. hath not rendered his body in execution of the Judgement aforesaid, in our said Court at the said Oct. S. Hill nor satisfied the said Richard for the said Debt and damages aforesaid, and because we will that those things which before our Chief Justice were rightly acted and known to be duly executed we command you that by honest, &c you should make known to the said A. and W, that they be before our justices at Westminster quinq. Pas. to show if any thing, etc. to wit the same A. wherefore the same 160 l. by the same A. in Form aforesaid acknowledged to be made of his Lands and Chattles, and the same W. wherefore the said 80 l. by him in Form aforesaid acknowledged to be made of his lands and Chattles and to the same Richard ought not to be rendered according to the Form of the Recognizance aforesaid if, etc. And have you there the names, etc. And this writ, etc. Test. 14. Aprillis An. etc. 22.  

Entry of a Scire fac. in an audita q●erela.  M 21. Jac. rot. Brownlow ss. Whereas we were ●nformed by the great complaint of S. A. Clerk that whereas one R. B. lately in the Court, to wit, in Hillary Term An. etc. 19 before our Justices at Westminster had recovered against the same S. aswell a certain debt of 12 l. as 40 s. which, etc. whereof he is convicted, And although the same S. in execution of the Debt and Damages aforesaid by virtue of a certain Writ of ours of Capias ad satisfaciendum thereof to our sheriff of Lincoln directed by Edward Hussey Knight and Baronet late sheriff of the same County at the suit of the same Richard was taken and imprisoned, and by the same sheriff out of the same prison was permitted to go at large whither he would, and from the execution aforesaid was delivered, As by the same S. by ways and means convenient is ready to inform, Nevertheless the same Richard for the debt, and Damages aforesaid against the same S. upon the recovery aforesaid hath again now prosecuted, and unjustly hath procured the same S. for that occasion again to be taken, and hitherto to be detained in our Prison, unto the immoderate Damage and grievance of the said S, whereupon he hath be sought us to adhibit to him a fit remedy, And because we will not that the same S. be injured in this behalf, And being willing to do what is just we commanded our Justices that hearing the complaint of the same S. in this behalf, and calling before them the parties aforesaid and hearing their reasons therein, they cause to be done to the same S. full and speedy justice as of right and according to the Law and custom of our Realm of England ought to be done, we command you that by honest, &c you make known to the said Richard that he be here, etc. retornable Oct. Hill. Test. 30. Oct. An. 21. etc. Scot 47.  
H 20. Jac. in Mr. Brownlowes remembrance litera B. ss. 
Entry of a Sci fac. after a Sci. fac. against Ter-Tenants. - Whereas we have lately by our writ, we have commanded the sheriffs of London that by honest, and Lawful men of their Bayliwick they should make known to the Tenants of the lands and Tenements which were of F. C. late of W. etc. otherwise called, etc. in Fee-simple from the day of S. Martin. etc. An. 42. Eliz. Regin. which day E. G. in the Court of the said late Lady the Queen of the Common Bench at Westminster before E. A. etc. by the consideration of the same court had recovered against the said F aswell a certain debt of 24 l. as 6 l. which to the same Edmond in the same Court were adjudged, etc. whereof he is convicted, or at any time afterwards in their bailiwick that they should be before our Justices at Westminster in Oct. Pur. S. Mariae last past to show if they had or knew any thing for themselves to say wherefore the Debt and Damages aforesaid, of the lands and tenements which were of the said F at the time of the judgement aforesaid given or at any time afterwards in the seisin of the same Tenants in your Bayliwick ought not to be made and rendered to the said Edmond according to the Form of the recovery aforesaid if it shall seem expedient to them, and our sheriffs of London to our said Justices at Westminster at that day returned that there were not any Tenants of any of the lands or Tenements which were of the said Francis at the time of the judgement aforesaid given or at any time afterwards who had any thing where or by which they could make known to them whereupon it was testified in our said Court on the behalf of the said Edmond that there are divers Tenants of divers lands and Tenements which were of the said F▪ at the time of the judgement aforesaid given in the County of Suff. to whom the same sheriff may make known. 
Good precedent.  Therefore it was commanded to the same sheriff of Suff. that by honest and lawful men of his bailiwick he should make known to the Tenants of the Lands and Tenements which were of the said F. R. in Fee-simple at the said 15. S. Martin. An. 42. abovesaid that they should be before our Justices at Westminster 15. Pas. last past to show if they had or knew any thing for themselves to say wherefore the debt and Damages aforesaid ought not to be made of the Lands and Tenements and rendered to the same E. in Form aforesaid, And our said sheriff of Suff. to wit, W. H. Esq. to our said Justices at Westminster, at that day renorned that he by P. K. and L. S. honest and lawful men of his bailiwick made known to certain F. B. Esq. Tenant of the manor of P. with the appurtenances in W. in the same County of Suff. And to R. L. Gent. Tenant of the rectory of the Church of L. in the County of S. which were of the said F. B. Esq. at the time of the judgement aforesaid given of being before our said Justices at Westm. at that day to answer in Form aforesaid, etc. and that there are no other Tenants of the lands and Tenements which were of the said F. B. in his Bayliwick to whom he could make known, and the same F. B. and R. at the same 15. Pas. in our said Court appearing said that the same E. Execution against the said F. B. of the Manor aforesaid with the appurtenances and against the same Richard of the Rectory aforesaid with the appurtenances ought not to have, because they say that before the writ of Scire sac. to the sheriff of Suff. directed, to wit, such a day and year one Thomas B Gent. was Tenant as of his Free Tenement of the manor of E otherwise E. Court with the appurtenances in the County aforesaid of which said manor with the appurtenances the same Francis Burnall at the same 15. Martin An. 42. abovesaid, which day the judgement aforesaid was given was seized in his demesnes of Fee which said manor of E. otherwise E. Court with the appurt. is chargeable with the execution of the judgement aforesaid, together with the manor and Rectory aforesaid and this they were ready to verify whereupon for that aswell the said Manor of E. otherwise E. Court as the said Manor of P. with the appurtenances whereof the same Francis Bruster was returmed Tenant and the Rectory aforesaid with the appurtenances whereof the said R L. was returned Tenant are chargeable with the payment of the debt & Damages aforesaid the same Francis Brewster and Rob. London pray judgement and that they may not further answer to the said Writ of Si. facias against them in Form aforesaid brought before the said Tho. Br. by our process of Scire Facias be premonished to show wherefore execution upon that Manor together with the manor and Rectory aforesaid ought not to be done, And therefore we command you that by honest and lawful men of your Bayliwick you make known to the said Thomas Bunell Tenant of the said Manor of E. alias. E. Court and to all Tenants of the lands and Tenements which were of the said Francis B. in Fee simple in your county of the same 15. S. Martin An. 42. abovesaid that they be before our Justices at Westminster 8. S. Hill. to show if any thing, etc. Wherefore the Debt and Damages aforesaid of the same Manor of E. all, E. Court or of any lands and Tenements which were of the same Francis at the time of the Judgement aforesaid given or at any time afterwards, together with the same manor of P. and the Rectory aforesaid ought not to be made according to the Form of the recovery aforesaid if to them it would seem expedient and have you here the names of them by whom you shall make it known to them, and this Writ Teste H, Hobert at Westminster the 6. day of November An. 20. et Sco. 46.  

return.  BY virtue of that Writ to me directed by I. W. and E. W honest and lawful men of my bailiwick, I have made known to the within named Thomas Burnall Tenant of the Manor of E alias. E. court with the appurtenances and that there are no other Tenants of other lands or Tenements in my County to whom I can make known, A. B. Sheriff.  
T 21. Ja. Hitcham the King's Sergeant brought a certificate out of the King's Bench into the Common Bench that if the defendant in any Action wherein Bail is given die before a non invent. be returned against the Defendant upon a Scire fac. the bail is discharged, and this was showed in the case of Sparrow of Lowgate which is entered P. 19 Jac. Rot. 973. this is the true number Role. in Banco Regis,  
P 12. Jac. Co. Banco. S. against S. Debt against the bail upon a Rerog. in the King's Bench the Defendants plead that the Pl. died before any Cap. was awarded against them, a general demurrer, and judgement with the defendants after much debate H. 4. Jac. Rot. 975. in the King's Bench D. against C. and W. against L.   

Seisin.  
H 21. I. rot. 2988. Brownlow Oxon ss. 
Entry e fa writ of Habere. facias sesinam in dower and the return thereof P, 3: 6: Eliz: rot. 1559. the like form of entry in dower.  It was commanded the sheriff whereas Bridget Countiss of Barks widow who was the wife of Francis late Earl of Barks lately in the court of the Lord the King now here, to wit, at Westminster by the consideration of the same court and recovered her seisin against Fr. R. otherwise N. of the third part of the hundred of Do. with the appur. & of the M. of D & W. upon the green with the appurtenances and of 200. Messages, 2. Mills, 3. Dovehouses, etc. with the appurtenances in D, and W. and also the third part of the Rectory of Weston upon the green and the Advowson of the Vicaridg of Weston upon the green with the appurtenances as her Dower of the endowment of the said late Earl her late husbend by writ of the said Lord the King de dote unde nichil habet. for default of the same Francis R. otherwise N. that to the same Countess full seisin of the third part aforesaid with the appurtenances to hold to her in severalty by meets and bounds without delay he should cause● to be had, and as much, 
Tert. pars hundri. manors tenements Rectory and Advowson.  etc. the sheriff should make to appreare here at this day, to wit, in Cr. Pur. beat. Mariae, etc. and now here at this day came the same Countess by Rob. Tomblinson her attorney, and the sheriff, to wit, William C. Knight now doth return that he by virtue of the the writ aforesaid to him directed the 15. day of December last passed caused to be had to the said Countess full seisin of the third part of the hundred, Manors, Tenements, 
Copyheld land.  Rectory and Advouson aforesaid with the appurtenances, to wit, of 11. Messages, 3 Dove-houses, 700. acres of land, 300. acres of Meadow, and 400. acres of pasture with the appurtenances in Dorchester and Drayton being Costomary lands of the manor of Dorchester and parcel of the said Manor then in the several Tenors or occupations of I. p. Gent. E. H. Gent. etc. or of their assigns with all lands, Tenements, cottages, Meadows, Pastures, Commons, Rents, Services, and Hereditaments whatsoever, to the same belonging or appertaining, and of the Chief Rent of twenty shillings, and eleven pence issuing out of the Farm of Draycot aforesaid, and the lands and Tenements to the said Farm belonging and appertaining, and also the third part of the profits of the Manor Court of Dorchester aforesaid, 
The third part of the profits, our manerii.  and of nine Messages, four Cottages, etc. with the Appurtenances in Weston, upon the green, being customary Lands of the Manor of Weston aforesaid, and parcel of the said Manor then in the several Tenors or Occupations of I.G.W. H. etc. or of their Assigns, with all Lands, Tenements, Cottages, Meadows, Pastures, Commons, Rents, Services, and Hereditaments whatsoever to the same belonging or appertaining, 
2 Mills.  and of all those new buildings called the Brewhouse, and of one Barn, etc. And also of two Water mills with the appurtenances in Weston aforesaid, and all Tithes yearly growing and renewing, 
Tithes.  as well out of the same Lands and Tenements in Weston aforesaid, in the several Tenors and occupations of the said I. A. W. H. etc. or their Assigns, as out of all & singular other the Lands and Tenements whatsoever above named, and to the Rectory of Weston aforesaid belonging or appertaining, 
Rectory,  or being parcel of the said Rectory of Weston aforesaid, and of the West part of the Wood or Copice called Weston wood in Weston aforesaid, containing by estimation fourteen acres, and of the Tithes from and out of the West part of the same Wood or Coppice, called Weston Wood aforesaid, and also the third part of the profits of the Mannor-Court of Weston upon the green aforesaid, 
Tithes of wood. Third part of the profits of Manor Cou●t. 3d part of the the advowson of the vica ridge of W.  and of one Close called Cow-lease, etc. And also the Advowson of the vicarage of the Church of Weston aforesaid, to hold to the said Countess and her assigns in severalty by meats and bounds, in the name of her whole Dower, to her out of the Hundred, Manor, Tenements, Rectory. and Advowson aforesaid, after the death of the said Francis, late Earl of Berks, her late Husbandhapning, as by the said Writ to him it was commanded, etc. The like assignment of Dower between the same parties upon the same Roll.   

Summons.  
ss. JUry of twenty four Knights of the Neighbour hood of T. ven. recogn. if the Jury by whom a certain inquisition was lately summoned, in the Court of the Lady the Queen, 
Entry of a writ of summons in an attaint executed, and awarding of a resummons against the defendant, hab: corp. against the grand jury, and Distring. against the petii jury.  before the justices of the said Lady the Queen here, to wit, at Westminster, by writ of the Lady the Queen, and afterwardr before the Beloved and faithful of the said Lady the Queen, R. C. Knight, Chief justice of the Lady the Queen assigned to hold pleas before the said Queen, and G. G. Esquire, Attorney General of the said Lady the Queen, Justices of the said Lady the Queen, assigned to take the Assizes in the County aforesaid, by writ of the said Lady the Queen of Nisi prius, by Form of the statute, etc. at Stonystratford in the County aforesaid taken, between R M. Gent. plaintiff, and I.Y. of T. etc. and R. W. of T. etc. of a certain Trespass to the same R. by the said I. and R. done, as it was said, made a false oath, as the same R. greivously complaining hath showed to the said Lady the Queen, or not, And now here at this day, to wit, in Octab. sancti Hillarii, came the same R. M. by T. his Attorney, and the said I. Y. and R.W. summoned, etc. 4 Die pl. being solemnly called came not, and of them the sheriff now returned that he summoned, 
Summons returned.  etc. therefore let the same I.Y. and R W. be resummoned, that they be here 15. Pas. to hear the said jury of twenty four Knights, and also J. Jugram, I. S. I. S. etc. twelve jurors of the first Inquisition aforesaid, being called came not, and of them the sheriff now returneth, that every one of them is severally attached by pledges, I Den and R Fenn, 
Hab. corp. jur. 24 Milit.  Therefore they in mercy, etc. therefore the jury of twenty four Knight aforesaid is respited here until the said Term, 
Distring. jur. prim inqisitionis.  etc. and that the sheriff have then and there the bodies of the same jury of twenty four Knights, to make the said Recognizance, etc. their Lands, etc. and that of the issues, &c, so that he may have their bodies here at that Term, to hear the Recognizance, the same day is given to the same R.M. here, etc.  
P 8. Jac. rot. 1938. Brownlow Lincoln ss. 
Entry of a writ of sum. and resumm. in attaint, and Distring awarded against the grand jury, the party and the petit Iury.  jury of twenty four Knights of the Neighbourhood of W. vid. Recogn. si. Jur. by whom a certain inquisition was lately summoned before the Lord the King at Westminster, by Bill without the writ of the said Lord the King, between Henry Earl of Lincoln one of the Peers, etc. of England, and Ed. Dymock Knight, of certain Trespasses and contempts against the Form of the statute, De scandalis magnat, therein lately made and provided, and afterwards, before the beloved and faithful Peter Warburton Knight, one of the justices of the Lord the King of the Common Bench, and Thomas Foster Knight, one of the Justices of the said Lord the King of the same Bench, justices of the said Lord the King assigned, to take the Assizes in the County aforesaid, by writ of the said Lord the King, De nisi prius, by Form of the statute therein made and provided, 

P 4. Eliz rot. 532. Cerciorare to certify a return, whereupon an attaint is brought. The grand jury, the Defendant and the petit Jury make default.  
Quaere the sheriff returns not the writ.  
Resummons awarded against the grand Jury parties, and petit Iury.   at the Castle of Lincoln in the County aforesaid taken, made a false Oath, as the said Earl to the said Lord the King now greiviously complaining showeth or not, And now here at this day, to wit, Tres Sept. Pasch. here came the said Earl by his Attorney aforesaid, and as well the jurors of the jury of twenty four Knights aforesaid, as the same E. D. and also Laurence Coddington of C. with eleven other jurors, of the first inquisition aforesaid, being solemnly called came not, therefore let the same jurors of the jury of twenty four Knights be resummoned that they be here in Octab. Sancti Trinitatis to make the jury of twenty four Knights, and that jury of twenty four Knights is respited here until that Term, and as well the said E as the said jurors of the first inquisition aforesaid, are resummoned, that they may be here at the same time, to hear the said jury of twenty four Knights, the same day is given to the said Earl here, etc. At which day here came the said Earl by his Attorney aforesaid, and the sheriff did nothing therein, nor sent the writ thereof, therefore as before let another writ thereof be made returnable here 15. Michaelis, the same day is given to the said Earl here, etc. At which day here came the said Earl by his Attorney aforesaid, and as well the said Edward as the said twelve jurors of the first inquisition aforesaid resummoned, 
Al. resum, awarded.  etc. 4 Die pl. being called came not, etc. and also the jury of twenty four Knights aforesaid, likewise being called came not, therefore that jury of twenty four Knights is respited here until Cr. sancti Martini and the sheriff is commanded, that he distrain as well the said jury of twenty four Knights that they be then here to make the jury of twenty four Knights aforesaid, 

A Distring: awarded.  
See the like between the parties aforesaid. M, 9 Iac: rot. 3127. Br.   as the same Edward, as the same jury of twelve jurors of the first inquisition aforesaid, that they be here at the same time, Auditur Recognitionem illam, etc. the same day is given to the said Earl here, etc. and it is to be known that a writ thereof, the justices here in Court that same Term have delivered a writ thereof to R. S. Deputy sheriff of the County aforesaid in Form of Law to be Executed, etc. by proclamation thereof made according to the form of the statute, etc.  

Entry of a summons in a Quar. imp. with the ess●ine, and an attachment awarded for default  H 2. Jac. rot. 192. North. G C. Esquire, by his Attorney, offered himself the fourth day against Thomas, Bishop of the Burrow of Saint Peter, otherwise Peterburrough, and William B. his Clerk, that they permit him to present a fit person to the Church of W. which is void and belongeth to his gift, etc. and they came not, and they had therein day, to wit, the same Bishop by essoine here until in Octab. Sancti Hillarii last past, and the said W. hath day therein by his Essoine here until this day to wit in Octob. Pur B. Mariae after they were summoned, etc. judgement that they be here 15. Pasch. etc.  
H 10. Jac. rot. 20. Wollaston, Eber. ss. 
Special entry of a summons in quare Imp. and the she if returns, tarde, and an all: sum: awarded:  It was commanded the sheriff that he summon by good summoners George bishop of C. E. C. Gent. & I.T. Clark, that they should be here at this day in Oct. Pur. B. Mariae, to answer M W. Knight, and F. S. Esquire, of a plea that they suffer them to present a fit person to the Church of S which is void, and belongeth to their gift, and now here at this day came the same M. and F. by their Attorney, and the sheriff to wit, C.H. Knight, now returneth, that that writ was delivered to him so late, that for the brevity of time he could not execute it, as by the said Writ it was commanded him, therefore as before it is commanded to the said sheriff, that he summon by good sum oners thsame Bishop, E. and I. that they be here 15. Pas. to answer to the same M. and F. in the plea aforesaid, etc.  
P 11. jac. rot. 20. Wellaston ss. It was commanded the sheriff, 
Entry of an all: sum: ●n a quar: imp: ●n feverance, and an attachment awarded against the defendant:  as otherwise the King had commanded the said sheriff, that he should summon by good summoners G. Bishop of E. E. E. Gent. and I. T. Clerk, that they should be here at this day, to wit, 15. Pasch. to answer as above, And now here at this day came the same Marmaduke by A. B. his Attorney, and the said F likewise plaintiff, etc. the fourth day of the plea being solemnly called came not, and hereupon the same M offereth himself the fourth day against the said Bishop, E and I in the plea aforesaid, and they came not, and the sheriff now returneth that he had summoned, &c, judgement they be attached that they be herein Cro. Trin. and it is commanded to the same sheriff that he summon by good summoners the same F. that he be here at the said Term to follow against the said Bishop, E and I his plea aforesaid together with the said Marmaduke if, etc.   

Surrender.  
H 1 jac. rot. 1699. Brownlow ss. 
Surrender of a Philizers office: see the old book of entries, f: 442: title de office and officers,  Be it remembered that the thirteenth day of February that same Term came here into Court Edward Pytt Knight, Philizer in the same Court as well of London as of the County of Middlesex, Huntingdon and Cambridge, in his proper person, and of his own accord surrendered into the hands of Edmund Anderson Chief justice of the Lord the King of the Bench here, his office of philizer aforesaid to the use of james pit Knight whom the said Chief justice, as the Custom is, freely admitted to the same Office, to hold, occupy, and have to him as his free Tenement according to the custom of the Court aforesaid in the whole time aforesaid used and approved, 
The oath:  and presently the same james Pytt upon the taking of his corporal Oath, as the custom is, well and faithfully to behave and carry himself in the office aforesaid, 
Put into possession.  put and constituted him into the corporal possession of the same Office, to hold, occupy, and have the same in form aforesaid with the Fees and profits incumbent to the said office, and anciently due and accustomed, etc.  
SEE Hill. 13. jac. rot. 732. the like in Ady and Maydwell.  
H 10. jac. rot. 3279. in Gulston and Mill.  
T 28. H. 8. rot. 511. Surrender by Pateshal Philizer of Essex and Hertford.  
T 22. jac. rot. 2085. Surrender by the Philizer of Norfolk, Lamb to Thelwall, M. 28. H. 8. rot. 108. T. 33. H. 8. rot. 1. T. 3. and 4. Philip and Mary rot. 904. T. 1. C. Reg. rot. 958. Grant of the office of the Philizer of W. made by H. P. after the death of Plumstead, by the Lord Hobart.   

Supersedeas.  


Supersedeas to a Cap. i● Withernam, quia inconsult. emanavit, and aver. elongat. returned thereupon, and a cap, Withernam, awarded for the Defendant against the plaintiff upon a writ of Plur. repleg. Aver. elongat returned upon the plur. replevin.  
C●pias in With rnam of the Ca tell of Defendant awarded for the plaintiff, 3. El. Dyer fol. 189. pl. 12.   P 8. Edwardi 4. rot. 106. Surrey ss. Be it remembered that the justistices here in Court the fourteenth day of May that same Term delivered here to W.F. Deputy sheriff of the County aforesaid, a certain writ of the Lord the King now closed, directed to the said sheriff under form of Law to be executed, which said Writ the same W. opened here in Court. the Tenor whereof followeth in these words, Edward by the grace of God King of England and France, and Lord of Ireland, to the sheriff of Surrey greeting, Whereas lately by our Writ, as more times we have commanded you, that justly and without delay you should replevy to W.W. and T. M. his cattles, which I. L. took and unjustly detained, as he saith, or that you yourself should be before our justices at Westminster 15 Trin. last past, to show wherefore you have contemned to execute our commands, so often to you therein directed, and then to our said justices at Westminster, at the same 15 Tr. hast returned, that those cattles aforesaid, were enlarged to unknown places, by the same I. so that you could not have sight of them, and that you could not replevy the said Cattles to the said W. and T. wherefore we have commanded you, that you should take of the cattles of the said I in your Bailiwick, to the value oh the sa●d cattles, of the said W and T in Withernam, and shouldest deliver them to the said W and T to be kept until the said Cattles of the said W and T you could redeliver to the same W and T and in as much as you shall execute this our precept, 
Pone Def. ad respondend. of the taking of the cattles, with a repleg. fac. of the cattles first taken.  you make known to our justices at Westminster 15 Michaelis last passed, and that you put by sureties and safe pledges the same I, that he should be before our justices at Westminster at the said 15 sancti Michaelis, to answer to the said W. and T. of the taking of the cattles aforesaid, and in the mean time if you could, to replevy to the same W and T their cattles aforesaid, and afterwards for that it seemed to our said justices at Westminster, for certain causes propounded before them, and them specially moving, that our Writ aforesaid Quoad Cap. in With, 

The writ of cap. in Withernam inconsulte emanavit, therefore a Supersedeas is therein awarded. The cattles of the Defendant taken and and delivered to the pl intiff in with n. before the delivery of the sup. and that he by force of the superseded, cannot redeliver them, for that they were eloyned.  
Withernam post Withernam.  
The cattles taken in Withernam eloyned before the reception of the Writ of Sup. Plur. cap. in Withernam for the Def. with a writ in the mean time to deliver the cattles first taken in Withernam.   of the  of the said I for the cattles of the said W and T by him taken before, improvisely issued out of our Court aforesaid, by another Writ we have commanded you, that of any cattles of the said I to be taken in Withernam, for the same cattles of the said W and T by him before taken, you be altogether superseded, and if you shall have taken any of the cattles of the said I in Withernam, by occasion of the premises, than you shall redeliver them to the said I without delay, and inasmuch as you shall execute this our precept, you shall make appear to our Justices at Westminster at the said 15 Michaelis, and then our said Justices at Westminster at the said 15 Mich. returnest, that by virtue of the said Writ, De Capiend. in Withernam to you before directed, to wit, such a day and year abovesaid, of the cattles of the said I. L. four Cowes, etc. to the value of the said cattles, of the said W. and T which I took, thou have in Withernam, and that afterwards such a day and year abovesaid, our said Writ of Supersedeas was delivered thereof to you, and at the same 15 sancti Michaelis, you certified to our Justices at Westminster, that the cattles of the same I in Form aforesaid taken in Withernam, and delivered to the same W and T. you could not redeliver to the said I after the coming of the said Writ of Supersedeas, according to the Tenor of the said writ of Supersedeas, for that the same cattles were eloyned, and yet are eloyned and transmitted by the same W. and T. to places to you unknown, so that by no means you could have sight of the said cattles, after the coming of the said Writ of Supersedeas, and therefore we command you, as more times we have commanded you, that of the cattles of the said W and T in your Bailiwick, to the value of the said cattles of the said I taken in Withernam, you take in Withernam, and deliver them to the said I to be kept, until the said cattles of the said I. taken in Withernam you can redeliver to the same I. And inasmuch as you shall execute this our precept, you make to appear to our Justices at Westminster such a day, and in the mean time if you can, to make redelivery to the said I, of the cattles aforesaid first taken in Withernam, and have there this writ, Teste, etc.  

Entry of a Sup. to an Exigent and pledges de novo after the return of a nichil upon a cap. in Withernam awarded after averia Elongata returned of er nonsuit of the plaintiff and before declaration in replevin.  T 3. Jac. rot. 612. Brownlow, Cornub. ss. It was commanded the sheriff, whereas, I. H. and O. R. were summoned to be in the Court of the Lord the King here, to wit, at Westminster, to answer I. K. Esq. of a plea wherefore they took a certain Cow of the same I. K. and her unjustly kept against sureties and pledges, etc. the same I. K. afterwards in the same Court of the Lord the King here, to wit, at Westminster aforesaid made default, whereupon it was then considered in the said Court of the Lord the King here, that the same I. K. and his pledges to prosecute should be in mercy, and that the said I. H. and O. should go thereof without day, etc. And that they should have return of the Cow aforesaid, whereupon it was commanded the sheriff, that without delay he should return the Cow aforesaid to the said I. H. and O. And her at the complaint of the said should not deliver without a writ of the said Lord the King which should make express mention of the judgement aforesaid, 
Reto. habend awarded.  and in as much, etc. he should make appear here 15. Pas, last passed, at which day the sheriff returned to the Justices here, that before the coming of the writ aforesaid, the said Cow was cloyned by the said I. K. to places to him altogether unknown, whereby he could not return the Cow aforesaid to the said I. H. and O. as by the said Writ it was commanded him, 
vacca elongata returned  etc. whereupon it was commanded the sheriff, that of the Cattle of the said I. K. to the value of the Cow aforesaid before taken he should take in Withernam and should deliver them to the said I. H and O. to hold to them until he could return the Cow aforesaid before taken, 
Capias in Withernam awarded.  
Cap as for the contempt.  and that he should put by sureties and safe pledges the said I. K that he should be here in 15. Trin. in the second year of the Lord the King now to answer aswell the said Lord the King now of the contempt, 
Nichil habet. that the sheriff could take in Withernam  As to the said I. H, and O. of the injuries to them in this behalf offered, and that he should have here, the names of the pledges and that writ, at which day the sheriff returned to the justices here, that the said I. K. had no Cow in his bailiwick, which he could take in Withernam, 
Quere if good because the Capias is not awarded before the Exigent. Exigent awarded.  nor had any thing in his Bayliwick by which he could be attached whereby as more times the sheriff was commanded that he put in exigent the same I. K. from county to county until, etc. he should be utlawed, if not, &c, and if, etc. then he should take him, and safely, etc. so that he should have his body here 15. Trin. aswell to answer to the said Lord the King of the contempt, as to the said I. H. & O of the damage and injuries to him in this behalf done, and that he should have here, that writ, 
The Nonsuant prayeth to be admitted to his fine for the contempt and the fine was assessed  and now here at this day, to wit, the said 15. Trin. came aswell the said I. K. and T. R. his attorney as the same I. H. and O. by I. H. their attorney, And hereupon the said I. K. prayeth himself to be admitted to make a fine with the said Lord the King by occasion of the premises, and is admitted, etc. and is fined by the Justices here at 2 s. 6 d. which by the command of the Justices of the Court here he paid to R. B. Chief Prothonotary of the Court of the said Lord the King of the bench here for necessary reparations in the Court here done and to be done, 
Fine paid.  etc. Therefore the same I. K. go thereof without day, etc. whereupon the same I. K, by the statute, 
A writ de S●ccuda. deliberatione prayed. Pledges de novo. Recognizance.  etc. prayeth a writ of the said Lord the King de Secunda Delib. and it is granted to him retornable here. in Oct. Mi. etc. And also the said I. K. in the same court here found pledges de novo aswell to prosecute his Claim, as of the Cow aforesaid before taken, to be returned to the said I. H. and O. if return thereof should be adjudged, to wit, T, R. of O. etc. and I, D, of, etc. each of them under the penalty of 100 s. whereupon it was commanded the sheriff that of the said I, K. further putting in Exigent, utlawing, 
Super sedias awarded upon the Exigent.  taking or in anything molesting by occasion of the premises he be altogether superseded, etc.  
M 18. H. 8. rot. 2. The Lord the King sent to his Justices of the Bench here his writ closed in these words. Henry by the grace of God, 
Supersedeas out of the King's Bench to discharge sureties of peace in the Common Bench because he found security of peace in the King's Bench.  to Robert Brudenell Knight and his associates our Justices of the Common Bench greeting, because Thomas Travers of W. in the County of Essex Clerke came into our court before us at Westminster this instant day of Thursday next after 15. days of S. john the Beptist in his proper person, And then found there sufficient security, that he should personally appear before us in 15. Pas. next to come wheresoever we should then be in England, And that in the mean time he should carry himself peaceably towards, and all our people, and that he would not bring nor cause to be brought by himself or any other in his name any Damage or grievance to any of our people upon their bodies by treachery, assault or any other means which may in any manner give way to the infringement & disturbance of the peace as in our court before us is fully manifest upon Record, Therefore we command you, that from compelling the said Tho. Travers to find any security for our peace, or for any of our people before you or any of you until after the same 15. Pas. you are altogether superseded T. I. fifty James at Westminster the 11. day of July An. etc. 18. and now, to wit, in 8. S. Mich. that same Term came here the same Thomas in his proper person whereupon the same Thomas by the same Justices here is altogether dismissed and discharged from finding of any other security further in this behalf, etc.  
Charles, etc. To the sheriff of L. greeting, 
A Supersedeas after a Fi. fac. ne venditioni exponas.  whereas of late we did command you that of the goods and Chattles of T. E. late of, etc. being in your bailiwick you should cause to be levied 161. 5 s. which D. I. in the Court, etc. had recovered against him for her Damages which she had sustained by reason of a certain trespass upon the case by the aforesaid T. to the said D. done, whereof he is convicted, as by the Record, etc. it manifestly appeareth, And that you should have those monies which you had so levied before, etc. at Westminster aforesaid such a return to render to the said D. in that behalf as in that Writ is more fully contained, and you at that day did return to the Barons of our said Exchequer at Westminster aforesaid that you had levied of the goods of the said T. to the value of the sum abovementioned which goods did remain in your hands unsold for want of buyers, but because the said Writ of Scire facias to you as above directed, did unduly issue forth. Therefore we command you, that from selling of the goods aforesaid, or any part thereof by virtue of the said Writ of Scire fac. you altogether forbear as you will answer the contrary at your peril, witness, &c,   

Ventre Inspiciendo.  

Entry of a writ de ventre inspiciendo. see Bracton fo. 69.  H and E, terms A. 5. H. 3. rot. in the common Bench Norff. ss. Peter de Meanton hath requested, that Muriell who was the wife of W. de Meanton who maketh herself not not to be with child by the same W. her husband, was not with child, & for this cause maketh herself not with child to disinherit the same Pet, whereupon at the petition of the same Muriell it was commanded the sheriff that by lawful women they should make diligent inquiry whether she was with child, or not, And Inquisition was made and sent to Westminster, but in the interim came she before the Justices of the Bench and offered herself and shown to them that she was with child, and this she offered to show and prayed that it might be seen by the command of the Justices by 14. lawful gentle women of London to be chosen by the Mayor and sheriffs of London, and it seemed to them that she was with Child, so that it was said to her that she might go therein without day, until any one should complain thereof, but afterwards came the same Peter and offered himself, and again said that she was not pregnant of his brother, so that upon his complaint she was again resummoned, and questioned when her husband died, and at what time he departed from her, said, that in truth he departed from her upon Wednesday next after the Feast of the holy Trinity, and that he died on the day of the Apostles Peter and Paul so that after that same Wednesday she never saw him and Peter acknowledgeth this same, & said well she was not with child with his brother & prayed that she might be committed to custody, so that by the counsel of the court she was committed to the Mayor of L. into custody and 4 lawful gentlewomen were assigned to see her often and to keep her But afterwards came the same Peter and shown that the Term of bringing forth, if she had been pregnant with his brother is past, and prayed Justice to be exhibited to him, so that the same Muriel come come before the justices of the Bench upon command upon Wednesday next before the Feasts of the Apostles Peter and Paul in the second year following. And the same Muriel said that before, to wit, that she was pregnant, and by the said William, and well acknowledgeth that his term of being borne is past, and she expects the mercy of God, and the said Peter likewise said that the term is past, and prayeth this to be allowed him, And hereupon it is found that 48. weeks have passed since the first Wednesday wherein she acknowledge that her husband departed from her, but afterwards she acknowledged that she was not with child but long since being sore grieved with such an infirmity that she thought herself to be with child. 
Confession that she is not pregnant. judgement.  Therefore it is considered that Peter be received as heir of the said William and may have his inheritance notwithstanding this that she made herself impregnant, Et habeat. brevia. ad dominos suos, etc. & hereupon came the same Peter, and prayeth judgement whether she ought thereof to have her dower, because she to disinherit him, falsely made herself impregnant.   

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

Entry of the reversal of an Vilary against the Intestate prosecuted by the Administrator for defect in the return of the writ of Exigent, for that three Hust. were held after the return of the Exigent. Letters of administration showed.  Pas. 36. Eliz. rot. 1990. ss. Afterwards that is to say 12. February An. 39 Eliz. came here into the Court one T.H. of, etc. and said that the same I. N. after the utlawry aforesaid against him in Form aforesaid published died, & died instate, etc. And that the same T. is Administrator of the Goods and Chattels which were of the same I. at the time of his death, & bringeth here into Court the letters administratory of I. by divine providence Archbishop of Cant. Primate and Metropolitan of all England which are dated at London 14. Feb. An. Do. 1596. which the commission of the administration of the goods and Chattles which were of the same I. at the time of his death, to the same T. in form aforesaid testify, etc. and prayeth the hearing of the return of the said writ of Exigent, returned in the Bench here against the said N. in Oct. S. Mich. and it is read to him in these words, at the Hustings of the pleas of Land held at Guild-Hall in the City of London upon Monday next after the Feast of S. Dunstan the Archbishop An. 38. within written the within named I, N. was the first time called and appeared not, At the Hustings aforesaid upon Monday next after the Feast of Boniface Bishop An, Suprad. the said I. was the second time called and appeared not, at the Hustings of the pleas of land held in G. in the City aforesaid, upon Monday next before the Feast of the Annunciation, etc. An. Supr. the said I. was the third time called and appeared not, At the Hust. of the pleas of L. and held in Guild-Hall in the City aforesaid upon Monday next before the Feast of S. Marg, the Virgin An. Sup. the said I was the fourth time called and appeared not, at the Hustings of the pleas of land of the City aforesaid held, &c the said I. was the fi●●t time called and appeared not therefore he is utlawed, The answer of T. L. & L. H. sheriffs, that writ is above endorsed we the now she. of L. have received of the la●e Sh. of L. the going from their Office the answer of I. W. & R.G. sheriffs, which being read and heard the same T H. saith that the utlawry aforesaid against the said I. in Form aforesaid publs shed and had is void in law and of no force nor effect, 
Error for that the three Hust. was h●ld after the day of the return of the Exigent.  for that that it appeareth by the return aforesaid, that the same I. was the third time called upon Monday next before the Annunciation of the Blessed Virgin Mary which said day of Monday, next before the Feast of the Annunciation &c, was long after the return of the said writ of Exi. whereupon the return being seen, And by the justices here fully understood, it seemed to the Justices here, that the allegation of the said T. is true. Therefore for the defect aforesaid, 
Judgement that the oulawry be reversed.  and divers others in the return aforesaid it is considered that the utlawry aforesaid, be anulled, vacated and altogether taken for nothing, etc.  
Pas. 4. Eliz. That an utlawry was reversed for that, 
Nota. Utlawry reversed for that the 3. proclamations, upon the writ of proclamation in a foreign county, was made that day the pes. Was 5. exact upon the Exig.  that it appeared upon the return of the proclamation the third proclamation in the County of Essex was made the same day that the guinto Exactus was made, upon the exigent in the County of Lincoln and by the opinion of Court it was adjudged Male, for that the proclamation ought to have been at least a Mo. before the 5. Eactus, and the reason in the court was, for that the return of the proclamation was, that the defendant should yield himself to the sheriff of Lincoln, which he could not do, before the utlawry, for that the utlawry was pronounced the same day with the proclamation.  
ss. Mich. 36. and 37. Eliz. rot. 2894. London ss. 
Entry of a travers de Comorance in an other county & reversal of an utlawry pur. non Comorans and possession of the attorney general.  It was commanded the sheriffs that they should not omit for any liberty of their County. but they should take P. L. of, etc. utlawed in London, upon Monday next after the Feast of the Ascension of our Lord An 36. Eli. at the suit of W. G. in a plea of debt if, etc. and safely, etc. so that they might have his body here, at this day, to wit, in Oct. S. Mich. etc. to do and receive what the Court of the Lady the Queen here shall consider of him in that behalf, And now here at this day, came the same P. in his proper person, & the sheriffs of L. now return that they by virtue of the Writ aforesaid to them directed took the body of the same P. whose body they have now here present, as by the said writ it was commanded them, and hereupon the same P. so taken & here had, prayeth the hearing of the Record, 
Alit. sur. Comorans in aut Uill. in codem Com. Pas. 2. jac. rot. 1012.  of the Writ of the said Lady the Queen of Exigent, whreupon the same P. at the suit of the said W. was in Form aforesaid utlawed, issued, And it is read unto him in these words, London ss. W. E. Gent by E. Y. his attorney offered himself the 4. day against P. L. late of, etc. otherwise called P. L. etc. of a plea that he render unto him 200 l. which to him he oweth and unjustly detaineth, etc. 
Recital of the record of the exigent. Pas. 37. jac. rot. 1612. T. 3. ja rot. 651. issue fuit Comorans.  And he came not, and as more times, the sheriffs are commanded that they should take him etc. and safely. &c, so that they might have his body here at this day, to wit (tali die) to answer the said W. in the plea aforesaid, And the sheriffs now return that he is not found, etc. Therefore the sheriffs are commanded that they put him in Exigent from Hust to Hust until, etc. he be utlawed if not, etc. and if, etc. then they take him, and safely, etc. so that they may have his body here in Cr. Trin. to answer the said W. in the plea aforesaid, and whereupon, etc. And it is to be known that a writ thereof the Justices here in Court that same Term delivered to Z. deputy of the sheriffs of London in Form of Law to be executed, 
Proclamation awarded upon the exigent.  etc. and the sheriffs of Midd. is commanded that in his full county, he proclaim the same P. three several days according to the Form of the statute An. 31. Eliz. thereof made and provided, that the same. P. render himself to the sheriffs of London, so that the same sheriffs may have his body here at the same Term, to answer the said W. in the plea aforesaid, 
31. Eliz. Cap. 3. Poulton novel statutes 186. or 77 86.  And it is to be known that a Writ thereof, the Justices here in Court that same Term delivered to Z. S. Deputy of the sheriff of Midd. to be executed in Form of the Law, etc. which being read and heard, the same P. saith that he is injured in this behalf and that he by the Law of the Land ought not to be charged with the said utlawry, because he saith that he at the aforesaid Oct. Pur. which day the said Writ of exigent, whereupon the said P. was utlawed at the suit of the said W. issued out of the court here, 
Plea that at the awarding the Exigent he was comorant in an other County. Traverse.  was Comorant and conversant at N. within the Isle of Weight. in the county of Southampton, without this that he the same day or at any time afterwards was comorant or conversant at Gray Inn in the county of Midd. as by the same Record issuing forth of the said writ of Exigent is supposed, and this he is ready to verify, whereupon for that the said Writ of proclamation was not directed to the sheriff of the said County of Southampton, wherein the same P. at the day of issuing forth of the said Writ of Exigent was Comorant and Conversant as of right it ought to have been directed, according to the Form of the statute aforesaid, the same P. prayeth judgement, and that he from the Court here, of the utlawry aforesaid, may be acquitted discharged and set at large, And because it is expedient and necessary, 
Scire Fac. awarded to premonish the Pla.  that the said W. for his interest in this behalf be premonished, before it be further proceeded to discharge the same P. from the utlawry aforesaid, It is commanded the sheriff of London▪ that by honest etc. they make known to the same W. that he be here in Cr. Anim. to show if any thing, etc. wherefore the same P. ought not to be discharged from the said utlawry, etc. and hereupon the same M. W. of, etc. and R. C. 
The defen. is bailed, the entry of the Recog. Note the form of the recog.  of etc. undertook and each of them did undertake for the same P. to have his body here at the said Term and so from day to day at every day of the plea, until the plea aforesaid be determined, And judgement thereupon given, to wit, each of them body for body, and the said P. in his proper person assumed upon himself to be then here at every day of the plea, under the penalty of 10 l. which said 10 l. the said P. acknowledged to be made and levied to the use of the said Lady the Queen of his goods, 
Return of a Scire Fac and the Pl. appears by Attorney.  and Chattels, to whose hands soever they shall come, and if it happen the same P, at any day of the plea by the Court here to be prefixed, to make default, or not to prosecute his suit with effect, etc. At which said Cr. Anim came here aswell the said P, in his proper person, as the same W. premonished, etc. by E. Y. his attorney and hereupon the same P. as before saith that he at the said Oct. Pur. which day the said Writ of Exigent, whereupon the same P. was utlawed at the suit of the said W▪ issuing out of the Court here, 
Count against t●e Pl. la non comor●ns. Travers.  was Comorant and conversant at N. aforesaid within the Isle of Weight in the said county of Southampton, without this that he the same day or at any time afterwards was Comorant and coversant at Gray's Inn in the County of Midd. As by the said Record, of emanation of the said writ of Exegint above is supposed, and this he is ready to verify, whereupon for that the writ of proclamation was not directed to the sheriff of the said county of South. wherein the said P. at the day of the issuing forth of the said writ of Exig. was comorant and conversant, as of right it ought to have been directed according to the Form of the statute aforesaid the same P. prayeth judgement, and he from the court here of the utlawry aforesaid, may be acquitted, discharged, and set at large etc.  
ANd the said W. saith that he cannot gainsay but that the allegation of the said P. in his discharge of the utlawry aforesaid is true, 
Confession of the garnishee.  nor but that the same P. at the said Oct. Pur. which day the said writ of Exigent whereupon the same P. was utlawed issuing from the court here was commorant & conversant at N. &c and that no writ of proclamation in this behalf was directed to the sheriff of the County of S. as the same P. hath above alleged. etc.  
ANd E. Coke Esquire Attorney general of the said Lady the Qu. who followeth for the said Lady the Queen in this behalf, 
Confession of the attorney general upon a testimony.  thereof consulting if he knew or would say any thing, wherefore the said P. ought not to be discharged from the utlawry aforesaid of which credible information is given him, by W. M. of, etc. and others faith worthy that the allegation of the said P. in the discharge of the same P. from the utlawry aforesaid is true, whereupon the same E giving credit to them, sayeth that he cannot gainsay, but truly confesseth, 
Judgement that the utlawry be reversed, salvo jure Reginae etc.  that the said P. at the said Oct. Pur. which day the said writ of Exigent whereupon the said P. is utlawed, issuing out of the court here, was commorant and and conversant at N, aforesaid, &c in the county of S. and that no writ of proclamation was ever directed to the said sherff of S. in this behalf as the said P. hath above alleged, wherefore it is considered that the same P. be discharged of the utlawry aforesaid, and upon that occasion not be molested, in any thing, nor grieved but go thereof quiet, etc. reserving a writ to the Lady the Queen; otherwise if, etc. 

Entry of a speceill writ of Cap. utlagat, & amerciament of the sheriff for bad attendance upon the court and not coming to receive a special Cap. utlagat.  
Recital of the special Utlagat    
H 2. Jac. Rot. 1362. Broker Cardigan ss. It was commanded the sheriff that he should not omit for any liberty of his county but by the oath of honest and lawful men of your county you should inquire what goods and chattels lands and Tenements M, U, etc. with all his additions hath or had in his Bayliwick, such a day and year, or at any time afterwards which day he was utlawed in the County of the City of the city of O. at the suit of I. S. in a plea of debt whereof he was convicted As the sheriff of the City of Oxon to the Justices of the Lord the Ki. now here at a certain day now past returned, 

P. 24 jac. rot. 323. Vict. in mia. 5. marks for returning trade upon a writ that was entered upon Record.  
P. 6: H: 8: rot: 296. the like sur nichil fec. nec: remisit, H. 8 H, 6, rot. 333: vic. in mia: 40 l. for not returning of a writ of Nisi prius, H: 24: Eliz: rot, 1702. entry of a special amerciament for an insufficient return upon an Habere fac: possessionem, emii:  
Recital of days given to the sheriff to come and receive the writ sin court   And that upon their oath he cause them to be extended, and appraised according to the true value of them, And such things as shall be found by that Inquisition he cause to be taken into the hands of the Lord the King now, & safely to be kept so that he may answer to the Lord the King of the true value and issues of them, and with them so extended and appraised he make known to the Justices of the Lord the King here (tli. return.) distinctly and openly under his seal, and the seals of them by whose oath he had made that extent and appraisment, And for that the same M. did lie hid, wander and run from place to place in the county aforesaid, in contempt of the Lord the King now, and prejudice of his Crown as the King hath been informed, That wheresoever it shall happen the same M. to be found in his Baylickwick aswel within as without the liberties he should take him and safely keep, so that he might have his body before the Justices here at the said Term to do and receive whatsoever the said Court of the Lord the King shall consider in that behalf; and it is to be known that at the two several days in that same Term given to the said sheriff of Cardigan by the Court here, To come here into the Court and receive the Writ aforesaid to be executed in Form of Law, the same sheriff came not here into the Court to receive that Writ, therefore the same sheriff, to wit, R. P. Knight in miserec. And he is fined by the Justices here to 12 l. etc.  
TRin. 8. Jac. Rot. 2700, Brownlow, Norff. ss. It was commanded the Coro. of the Lord the Ki of the C. aforesaid that whereas it was testified for the Lord the Ki in the C. of the said Lord the K. here, that divers wits of the said Lord the Ki by exig. of late directed to the sheriff of N. issuing out of the said Court here, 
A special amerciament of the coroners for not certifying of an utlawry after a Cerciorare to them made:  and before the justices here at certain days aswell past, as to come, retornable, and many utlawries into the said Court here not as yet certified against the party's Defendants in the same writs named, in the county aforesaid published, and judgements thereupon are given by the said Coroners, And Especially one utlawry against one R. B. late of P. etc. in the County of Norff. Gent. at the suit of R. W. in a plea of Debt, and because the Lord the King will adhibit due and speedy remedy to the said R. W. in his action aforesaid he doth command the same Coroners, that scearching their Rolls and Record and other memorables, 
T. Io: 21 23: bail to an ulawry.  being in their custodyes, the utlawry aforesaid upon the writ aforesaid, in Form aforesaid published, and the judgement thereupon by the said Coroners given, they have here at this day, to wit in Oct. S. Trin. That the same justices may do therein, what of right and according to the Law and custom of England ought in this behalf to be done, and now here at this day came the same W. H. by W. B. his attorney, and because the Coroners of the County aforesaid the writ aforesaid, which was otherwise delivered to them to be executed in Form of Law, had not here at this day, 
Miserec. XL s.  Therefore the said Coroners, to writ, H. T. and I. L. in Miser. And are fined by the justices here at 40 s.  
P 12. Jac. Rot. 2243. Goldesbursh Montgomery, ss. E. P. Esquire sheriff, of the County aforesaid for that he returned not here in court a certain writ of Capias utlagat. against M. P. at the suit of R. O. Kni. in a plea of Debt, retornable before the Justices here men's. Pas. that same Term. in mercy, etc. And is fined by the justice's aforesaid at 60 s. See Grislyes' case Cok. 8. fo. 40. B. according to the old book of entryes title record, M. 27. H. 7, rot 531. Amerciament det ver at 10 l. for not returning the Habeas Corpus Jur. Devant. the Justices de Nisi prius.  
P 13. Jac. rot. 733. Brownlow Sar. ss. 
reversal of an Utlary for insufficient return of a Certiorare.  It was commanded the sheriff that he should not omit for any liberty of his county but that he should take H, N. of, etc. utlawed in London on Monday next after the Feast of S. Leonard the Abbot An. regis, etc. 12. at the suit of Henry Breton in a plea of debt if, etc. so that he might have his body here at this day, to wit A d●e Pas. in 15. dies, To do and receive what the court of the King here should consider of him in this behalf, and now here at this day came the said Henry N. in his proper person, and the sheriff, to wit, Rowland Traps Esquire now returneth that he by virtue of the said writ to him directed took the body of the said Herald N. whose said body, he now hath here ready, as by the said writ it was commanded him, etc. And hereupon the said Henry N. prayeth the hearing of the writ of Cerciorare whereupon the utlawry aforesaid, by john Gore and William Gore then sheriffs of London, To the court of the Lord the King here was certified, and to him it is read in these words London ss. we I. G and W, G. sheriffs of London, do certify to the Justices of the Lord the King at Westminster in the writ to this schedule annexed specified, that searching the rolls records and other memorables being under our custody we find in the same that Henry N. of A. in the County of Sur. Esquire in the writ aforesaid named, put in the hustings of London, being five times called and not appearing he was utlawed in manor as followeth That is to say, at the hustings of the Common pleas held in Guildhall in the City of London upon Monday next after the Feast of etc. An. Rs. etc. 12. the said Henry N. was the first time called and appeared not and at the busting of the Common pleas held in Guildhall, etc. on Monday next after the Feast, etc. An. Sup. the same H. was the second time called and appeared not. The answer of H. jay and T. B. sheriffs. That writ as above endorsed was delivered subscirbed to the sheriffs, by the said sheriffs at their departure from their office, At the hustings of common pleas held at Guildhall of the City aforesaid on Monday next before the Feast, etc. An. Supr. the said Henry was the third time called and appeared not, At the hustings of the common pleas held, etc. The said Henry was the fourth time called and appeared not, at the husting etc. The said Henry was the fift time called and appeared not, Therefore he was utlawed, The answer of P. P. and M L. sheriffs, and this is the utlawry in manner and Form as it is published against the said Henry Nudigate, which we have ready before the Justices, at the day and place contained in the same writ, according to the intent of that writ, The answer of john Gore and William Gore sheriffs, which being read and heard the same H. Nudigate saith that he is injured in this behalf, and that by the law of the land ought not to be charged with the said utlawry, because he saith that in the return aforesaid, between these words (said sheriffs) a certain material word is omitted, to wit, late, so that by the omission of the said word, it doth not appear by the return aforesaid, by which sheriffs the said Henry N. was the third, fourth, and fift time called, or by the said sheriffs now, or by the said late sheriffs, as it ought to appear by the said return, For that cause the said return is insufficient in Law, and this he is ready to verify, whereupon he prayeth judgement that he may be discharged from the said utlawry, whereupon the said return being seen, and by the said Justices here being fully examined and understood, It seemed to the Justices here that the allegation of the said H. N. is true, in his discharge from the utlawry aforesaid, therefore it is considered that the said utlawry be anulled and altogether taken for nothing, And that the said H. N. for that occasion be unmolested not in any thing grieved, But go therein quiet, etc.  

Vtlary reversed for variance between the Record and the writ of Exig. fac.  T 7. Jac. rot. 3608. Brownlow Sussex ss. It was commanded the sheriff (and so recite the Capias utlagat. as in the next before) as by the said writ to him it was commanded, etc. which said Francis being so taken and had, prayeth bearing of the writ of Exigent whereupon the same F. at the suit of the said W. in Form aforesaid is utlawed And it is read unto him in these words, James by the Grace of God, etc. reciting the writ, and Test until you come to, and of Scotland the XL. he also prayeth the hearing of the record whereupon that writ Issued, And it is read unto him in these words ss. It was commanded the sheriff that he should take Francis chaloner late of, etc. in the county aforesaid Esquire otherwise called F. C. de L. in the County of Sussex Esquire if etc. and safely, etc. so that he shall have his body, etc. and so recite the whole entry until you come to in Form of Law to be executed, etc. which being read and heard the said Francis saith that he is injured in this behalf and that he by the law of the land ought not to be charged with the utlawry aforesaid, because he saith that there is manifest variance between the said writ of Exigent and the said Record from whence the said Writ issued, and which ought to warrant that writ, in this, That in the said Record the said Francis is named F. C. of Lynfield, And in the said Writ of Exigi, fac. he is named F. C. of Lymfeild, and so there is variance between the Record and Writ aforesaid, whereupon he prayeth judgement, and that he may be discharged from the utlawry aforesaid, Whereupon the writ and record aforesaid being seen and by the Justices here fully understood, it sufficiently appeareth to the justices here, That the allegation of the said F. in discharge of the utlawry aforesaid is true, Therefore it is considered that the said F. be discharged from the utlawry aforesaid, And for that occasion shall not de molested or in any thing grieved but go thereof without day, etc.  
M 6. Jac. rot. 924. And now here at this day came the said A. by W. K. his Attorney and prayeth the hearing of the writ of Exigi. Fac. whereupon the said A. at the suit of the said G. is utlawed, 
Utlary reversed for that the Capias whereupon the Exigent issued, was awarded after a year and a day, without a Sci: fac: to revive the judgement.  And it is read unto him in these words James, etc. which being read and heard the same attorney on the behalf of the said A. saith, That the same A, ought not to be charged with the utlawry aforesaid, because he saith that the judgement whereupon the same A. was convicted, was given in Mich. Term An. Rs. 3. that is say, by one year three Months and more before the proclamation of the said Writ of Capias ad satisf. whereof mention is made in the said Writ of Exigent, whereupon the said writ of Exigent issued, In which case the same G. Execution upon that judgement ought not then to prosecute, unless he had prosecuted before out of this Court a writ of the Lord the King of Scire Facias, to premonish the said A. of being here in Court, to show wherefore the said E. ought not to have execution against him according to the Form of the Recovery if to him it had seemed Expedient, And so the said Writ of Capias for execution of the judgement aforesaid in Form aforesaid prosecuted, And the said writ of Exigent thereupon issuing, was erroneously prosecuted, and for that cause prayeth that the utlawry aforesaid may be anulled, etc. whereupon aswell the Record of the judgement aforesaid, as the record of the adjudging of the said Writ of Exigi Fac. whereupon the said writ of Capias ad satisfaciendum in the same record recited, by the Court here being seen and fully understood, It is found that the allegation of the said A. is true, 
Utlary reversed for omission of the word Quinte, in the 5. Exact. and for that the last County was held upon Sunday.  Therefore it is considered, etc. and that the utlawry be reversed.  
M 4. Jac. Rot. 306. Which being read and heard the said A. saith that he ought not to be charged with the utlawry aforesaid, because he saith that by the return aforesaid it doth not appear, That the same A. at the said County of South. held at the Castle of Winch. the same eight day of September An. 8. abovesaid was called, and so the same A. was not the fift time called, as by the law of the Land he ought to have been, And also for that the 6. day of October whereupon the last County was held was Sunday, in which case according to the Law of this Realm of England, the County ought to be held, And so the utlawry aforesaid against the same A. in Form aforesaid published and had, is altogether void, And judgement that it be reversed, The like reversal in Mich. 44, 45. Eliz. rot. 1909.  

Utlary reversed for that the day of the 5 Exact. was before the Test of the Exigent.  T 13. jac. Rot. 3617. Brownlow. Which being read and heard, the same Robert saith that he is injured, &c, because he saith that it is vicious, to wit, in that that it appeareth, That the said first day of March An. Sup. upon which day the said Robert was quinto Exactus, was long before the issuing forth of the said Writ of Exigent, And for that cause and others in the return aforesaid being prayeth judgement that the utlawry aforesaid may be reversed, etc. whereupon, etc. And it was reversed, etc. Int. Smith and Wingham, M. 10. jac Rot. 3398. the like Cook against Tompson.  

Primo Exact. held after the return of the Exigent.  M 10. jac. Rot. 1708. Brownlow. Bradbury, adv. Allen, Exigi Fac. retornable Tres Trin. T. 24. ja. 8. I. The first County was held 7. Feb. 9 ja: And because it appeareth by the return aforesaid That the first county, whereat the said E. was first called, was held after the return of the said Writ of Exigent, and for that cause, etc.  

Vtlary reversed for omission of the word Scotie out of the stile of the Writ.  T 13. jac, Rot. 3527. Brownlow. Hearing of the Writ of Exigi fac. is prayed, which being read, etc. the said Writ is vicious, to wit, in this that this word Scotiae, is omitted in the beginning of the said writ, And for that cause and others being in the said Writ he prayeth judgement, &c, And the utlawry is reversed, between Walker and Vaughan.  
H 12. jac. Rot. 2265. Brownlow Utlawry reversed for not naming the names of the Coroners particularly at the end of the return of the Exigent, 
Vtlary reversed for default of the Coroners names.  and hereupon the same I. prayeth hearing of the return of the writ de Exigi Fac And it is read to him in these words, At my County held, etc. until, Therefore by the judgement of the Coroners of the county aforesaid he is utlawed, which being read and heard, onerari non, because he saith that in the record aforesaid, no mention is made of the name of any Coroner who gave judgement upon that Writ, or should warrant the judgement, And for that cause the return aforesaid is insufficient in la in't, Lavel. and others at the suit of Godolph, see Harper foe 19 a by Justice Browne, If the sheriff return upon the Exigent the quinto Exact. et non Compe. Ideo ut lagat. est. It is a good return, Although he return not the judgement of the Coroners for it is comprised in these words, Ideo ipse utlagat. est.  
H 12 Jac. rot. 1949. Brownlow, 
Utlar. & Waviar. reversed for the same defect.  reversal for omitting the Coroners Names, which being read, etc. the same Martha and Anthony say, that they are wronged in this behalf, and that the same M of the Waiver aforesaid, or the said Anthony with the Outlawry aforesaid, ought not by the Law of the Land to be charged, because they say, that the return aforesaid is vicious and insufficient in Law, for that the names of the Coroners of the said county of York, who gave judgement upon the Waivery and utlawry aforesaid, are omitted in the said Return, whereupon, etc. that the allegations of the said Martha and Anthony in discharge of the said M. from the waivery aforesaid, and of the said A from the Outlawry aforesaid are true, therefore the same M. from the Waivery aforesaid, and the said A. from the Outlawry aforesaid are discharged, and for that occasion shall not be molested or in any thing grieved, but go thereof without day, etc.  
T 14. Jac, rot. 3603. Brownlow London, 
Utlary reversed for returning the first Hustings to be held at the Common Pleas, and the other to be held at the Pleas of land.  reversal for holding the first Hustings at the Common pleas, and the four other at the pleas of Lands, etc. prayeth hearing of the return of the Exigent, which being read, Onerari non, because he saith, that by the Return aforesaid it appeareth that the same George and Arthur were first called at the Hustings, De cmmunibus placitis, and the 2, 3, 4, and 5. that they were called at the Hustings, De communibus placitis terrae, whereas they ought to have been called at Hustings certain, so that they might have rendered themselves to the said sheriffs, to save themselves from the said Outlawry, and for that cause the said Return is insufficient in Law, and this, etc. judgement that the Outlawry be reveversed, etc. Note, That in H. 12. Jac. That by the opinion of the Justices, Prothonotaries, and Clerks of the Counter, that an Outlawry upon an Allocat, as this is, shall not be reversed, because the Defendant ought to be demanded at the next Hustings, etc. As the words of the writ, etc. whether it be the Hustings, 
Nota bene.  De communibus plcaitis terrae, or De communibus placitis, etc. the reversal before was between Carnes and Mamvering and others.  
T 14. Jac. rot. 3603, Br. reversal for not naming the day the sheriff called the Defendant at the second County, 
Utlary reversed for not returning the day on which the second County was held.  at my County held at the Castle of Leicester, in the County aforesaid, the said john was the second time called, whereas it ought to have been, at my County held at the Castle of Leicester in the County aforesaid such a day and year, the same Jo. etc. and prayeth hearing of the Writ of Exigi fac. which being read and heard, Onerari non, because he saith, That it doth not appear by the Return aforesaid, what day the said County, whereon the said Jo. was the second time called, was held upon, as of right it ought to appear, and for that cause the return aforesaid is insufficient in Law, judgement that the Outlawry be reversed, Int Newton & Hustings, etc.  

oulawry rever-for holding two Counties within the months to wit; by more days than 28.  T 14. jac. rot. 3603. Hearing of the return of the Exigent prayed, which being read, etc. Onerari non, because he saith that it appeareth by the return aforesaid, that they were the second time called at the County held the fourth day of january, and the third time were called at the County held the twenty ninth of February, and that between the same twenty ninth day of February and the same fourth day of january, were fifty six days, and so the same two Counties at which the same E. and A. were the second and third time called, were not holden from Month to Month as of right they ought to be held Eaque de causa, etc. judgement the Outlawry be reversed, between Wilson and others; and Thornhill.  

oulawry reversed for returning utlegat for Waviat.  T 14. jac. rot. 3604. Brownlow, Cornub. Outlawry reversed, for returning Vtlegat. est, for Waviat. est, and prayeth hearing of the Return of the Exigent, which being read, etc. Onerari non, because she saith, that every woman upon any Writ of Exigi. fac. being the fifth time called and not appearing, aught by the Law of the Land to be waviated and not outlawed, which doth not appear by the Return aforesaid, that the same Beatrix was waviated, which of right aught to appear, and for that cause the said Return is insufficient in Law, judgement that the Waviary be reversed, Int. Trelowny and Bastard.  

oulawry revesed for omission of the word Ante.  T 14. jac. rot. 2071. Brownlow Canterbury ss. reversal for Monday next the Feast, etc. Return of the Exigent prayed to be heard which being read. etc. Onerari non debet, because he saith that it appeareth not certainly by the Return aforesaid, whether the said E was the fifth time called Die lunae prox. ante festum, etc. or Die lunae prox. post fest. etc. and so by that return it appeareth not certainly, what day the said Hustings at which the said E. was the fifth time called, was held, so that he at the same Hustings could not render himself to the said Sheriffs of London to save himself from the Outlawry aforesaid, and for that cause the said Return is insufficient in Law, and this, etc. judgement that the Outlawry be reversed, Int. King & Porter.  
T 13. jac. rot. 2528. Outlawry reversed for omission of the word terre in the first Hustings.  
H 12▪ jac. rot. 2165. For omission of the word Anno.  
H 30. Jac. rot. 1205. Brownlow Middlesex ss. 
oulawry reversed for variance between the Original writ and the Exigent:  reversal for variance between the Original Writ and the Exigent. And pray Oyer, etc. And hereupon the said R. and I. pray hearing of the Original Writ, whereupon they are in form aforesaid outlawed, and it is read unto them in these words, James by the Grace of God, etc. And also pray hearing of the Writ of Exigent, which issued forth upon the Original Writ, whereupon the same R. and I. are in form aforesaid outlawed, and it is read unto them in these words, James, etc. which being read and heard, Onerari non, etc. because they say, that it manifestly appearreth that there is variance between the said Original Writ, and the said Writ of Exigi fac. that is to say in this, that in the Original Writ it is contained, that the said Ralph Moor should render to Nicholas T one hundred pounds, and in the Writ of Exigi. fac. it is contained, that the said Ralph should render to the said N. T. one hundred pounds, and so the Original Writ doth not warrant the said Writ of Exigi fac. as of right it ought, for which said cause and others in the said writ of Exigi. fac. specified they pray judgement that the Outlawry aforesaid may be reversed, etc. whereupon the Writs being seen, etc. Therefore it is considered that the said R. and I. be discharged from the Outlawry aforesaid, and for that occasion shall not be molested or in any manner grieved, but be thereof in quiet, and dismissed at large, etc.  
T 10. Jac. rot. Brownlow, London, 
reversal for that the Defendant was the 1 and 2 time called before the T●ste of the Exigent:  R. adds of Evans Utlawry reversed for variance between the Original Writ and the Exigent, in this that in the Writ of Exigi. fac. this word Gent. which is the name of the degree of the said Henry, is omitted, which is inserted in the Original writ, Et pro ea causa, etc.  
T 11. Jac. rot. 1521. Brownlow Int. G. and P. Outlawry reversed, for that the Defendant was the first and second time called, before the Teste of the Exigent.  
T 18. Eliz. rot. 1529. Civit. Bristol, ss. Afterwards to wit, 
oulawry reversed for that, the 5 County was held, as appears by the return of the writ, before the Teste of the Allocat.  the fourteenth day of May, than next following, came here into the court one T. D. on the behalf of the said Ellen, and prayeth hearing of the Writ of Allocat. whereupon the Waviary aforesaid is published against the same E. and it is read unto him in these words, Elizabeth by the Grace of God, etc. reciting the whole Writ, Test▪ 16. die Novemb. anno, etc. 18. And also prayeth hearing of the Return of the said Writ, and it is read to him in these words, Alloc. to her four Counties, etc. Att our County held at the City of Bristol in the Guildhall there, 13. jan. Anno infra script. etc. which being read and heard, the same T. D. faith for the said Ellen, That the Return of the said Writ of Allocat. is insufficient in Law, for that by the Return it evidently appeareth to the Justices here, that the said fifth County held the same thirteenth day of jan. Anno 18. abovesaid, at which County the said E. was the fifth time called and appeared not, was held Before the issuing forth of the said Writ of Allocat. whereupon the said Writ, 
Mich: 6 & 7 Eliz: o●: 1971. the like si●e.  and return upon the said Writ made, by the justices here being fully understood, it doth seem to the said Justices here▪ that the said Return is insufficient in Law, whereby the Waviary aforesaid, against the same E. in form aforesaid published and had, is altogether void, and of no force nor effect in Law, Therefore let no process nor any other thing against the said E. upon the Waviary aforesaid, 
The Sheriff amerced for ill returning of the Writ of Allocat  be further made, etc. and the sheriffs of the said City of Bristol, to wit, A. and B. in mercy for the insufficiency of the Return aforesaid made, and they are fined by the Justices here at twenty shillings, etc.  
T 7. jac. rot. 3648. Brownlow ss. Prayeth hearing of the Return of the Writ of Exigent, and it is read unto him in these words, A County holden at the Castle of Salop, 
Utlary reversed for this word Me●m. T. 13 Jac: ●ot: 633.  etc. which being read, etc. Onerari non, because he saith, that by the Return aforesaid it appeareth not that the Counties aforesaid in that Return specified, whereunto the said james was in form aforesaid called, were the Counties of the said sheriff of Salop, as by the Return aforesaid it ought to appear,, whereupon, etc. the Outlawry was reversed, Int. Burmom and Ap-Thomas Salop:  
T 7. Jac. rot. 3647. Brownlow, hereof Oyre of the return of the Exigent prayed, at the hustings of the common Pleas in Guildhall of the City aforesaid upon Monday next after the Feast, 
Utlary reversed for omission of this word Tent. and for S●do. for being without a tittle, ●r dash.  etc. the same Henry was the second time called, and appeared not, which being read, etc. Onerare non. Because he saith that by the return aforesaid, it doth not appear that any hustings of Common pleas were held at the Guild-Hall in the City of Herford the said Monday next after the Feast etc. in the same return mentioned for that this material word, Tent. in the same return was there omitted, And also for that this word, Scdo, in the same return specified was written without any dash, having no signification, And for those causes and others, etc. pet. judicium, etc. may be discharged from the utlawry, etc. And it is reversed, Int. Vaughan and Masters.  

Vtlary reversed for that the Capias was not returned.  M 32. and 33. Eliz. rot. 131. Brownlow, Midd. ss It was commanded the sheriff that he should not omit, etc. and here upon the said I prayeth hearing of the said writ of exigent, whereupon he at the suit of the said W. is utlawed, And it is read unto him in these words Elizabeth, etc. which being read and heard the said I. saith, etc. because he saith that the original writ in the Court here in Oct. S. Mich. An. Reg. etc. 30. retornable, and was returned and that upon the same writ three Writs de Capiendeum by the Court here in Mich. Term An. Regin 30. and 31. were considered and adjudged, As it appeareth in the Roll of the same Term, To wit, one of the said Writs the Capiend. retornable in the court here in Cr. Ani. An. 30. abovesaid & one other writ the capiend. by the Court here in Form aforesaid considered and adjudged, retornable at the said Cr. Ani. in the same Court here amongst the writs of Cr. Anim. An. 30. abovesaid in the said County of Ebor. is filled, which said writ is not returned, whereupon the Justices here can in no wise certify in Execution of the said Writ that it is endorsed, As by the said Writ of Capias amongst the said Writs de Cr. Anim. in the Court here filled fully appeareth, And so the said writs of alias and plures Capiend. and the said Writ of Exi. against the same I. afterwards considered and adjudged erroniosly and without sufficient warrant issued, And for that cause he prayeth to be discharged by the Court here from the utlawry aforesaid etc. whereupon the said Writ the Capiend. filled in the Bench here at the said Cr. Ani. being seen it sufficiently appeareth to the Justices here upon Record that the allegation of the said 1 is true therefore it is considered that the said I. by occasion of the utlawry aforesaid be not molested nor grieved but go thereof quiet, etc.  
T 16. jac, rot. 3109. Brownlow, between joanes' and Griffin, 
Vtlary reversed for infram. for infranominat & dua, for duo.  utlawry reversed, infrom, for infra nominat. and dua for duo.  
T 16 jac. Rot. 3114. Brownlow, in't. Washer and Dignbey In this that it appeareth to the Court here, 
Vtlary reversed for the misplacing of the Sheriff's names.  that that writ was returned by certain Peter Proby and Martin Lumnly sheriffs of the City of London, whereas in truth Martin Lumnly was not then sheriff of the said City but certain Martain Lumnley and the said Peter Probey were then sheriffs of the said City, etc.  
M 23. and 24. Eliz. rot. 339. Midd. ss. For that the same R. by virtue of the publishing of the utlawry aforesaid, 
Utlary reversed for that the Supersedeas upon the Exigent was entered upon Record before the Defendant was 5 exactus.  to wit the 27. day of Ap. An. etc. came here into the court and then proved a writ of the said Lady the Queen of Super quia improvide, For that the said Writ of Exigi fac. whereupon the said R. is utlawed out of the Court here erroneously issued, For that the said Rob. by the said I. C. his attorney at the day of the return of the plu. Cap. thereupon and always afterwards before the issuing forth of the said writ of Exigi facias often time's offered himself to answer to the said M. in the plea aforesaid, By pretext whereof it is commanded to the said sheriff of Midd. that of putting in Exigent utlawing taking or in any thing molesting of the said same R, by occasion of the premises he be altogether Superseded, as by the said Writ of Supers, entered upon Roll in the Court of the Queen in the county held 15. Pas. Rot. 1020. it sufficiently appeareth, And this the same I. C. for the said R. is ready to verify by the Record, And so the utlawry aforesaid against him in Form aforesaid published is void, Whereupon he prayeth judgement and that the said R. may be quiet of the utlawry aforesaid, and discharged from the court here and set at large, whereupon the Record being seen and upon the oath of R. U. servant of the said I. C. of his delivery of the writ of Sup. before the publishing of the utlawry aforesaid, To one T. L. then being under sheriff of the county of Mi. before I. Dyer Knight Chief Justice, here examined, and also the said T. L. then present, not contradicting the reception of the said writ. It sufficiently appeareth to the Justices here that the allegation of the said I. C. in discharge of the said R. from the utlawry aforesaid, is true therefore it is considered that the said utlawry be anulled, and altogether taken for nothing, And that the said R. upon that occasion be in nothing molested or grieved, but go thereof without day, etc.  
M 19 jac. rot. 2047. Brownlow London in't. B. and E. Oyer of the return of the Ex. fac. prayed, which being read, etc. onerari non because he saith that in many places of the said return is used a certain word, to wit, Civit. written for this word Civit. which word Civit. so written is no word of sense nor Latin, having in it any signification. Eaq causa, 
Utla● reversed for this Word Civit. for Civitat. H: 12 Jac: rot: 2265 quto for quinto.  the utlawry reversed by Justice Hutton, Hill, 8. jac. Rot. 3526. Coronator, for Coronatorum H. 12. jac. Rot. 1949 Brownl. inter S. and S. exact and not written exact. with a dash, T. 13, jac. Rot. 3538. ura for ura T 19 Jac. rot. 635. Anino for Anno. H. 11. Ja, rot 3524 praedictus for praedictis, same roll mercii for marcii. rot, 3522, mertris for martin's ad Com. Exon, for ad commit. Civitatis Exoniae. T, 13 Jac, Rot. 3527 Brownlow, quinto Exactus for quarto Exact. 13, Jacobus Rot, 2538, utlawry that it appeared not where the Castle of Leic. is, Hill. 12. jac. rot 2265. T. 13. jac. rot. 3538, that there is no such Feast as Kenelim Rs. and Martiris, T. 13. jac. Rot. 635. for no return in the Writ of Exigi fac-to warrant the writ, H. 37, Eliz. rot. 132. non comperuit omitted in the return of the Exigi fac. P. 24, H. 6. rot. 24. reversal for that 2. Cap. were filled, and not the plures, T. 9 jac. rot. 129. Crompton, for that the Feast at which the first hustings were held, was before the Test of the Exigi fac. M, 10. jac. rot. 1709. Brownlow reversal for false Latin, 
Vtlary of the intestate reversed by the Administrator by special entry in the same term, in which the Utlary was reversed.  to wit, comperuit for comperuere H. 11. jac. rot. 3522. reversal for that it appeareth not in the return that the old sheriffs had delivered the Writ to the new.  
M 21. jac. rot, 3059. Brownlow Norff. ss, It was commanded the sheriff that he should not omit for any liberty of the County aforesaid but that he should take I. B. late of F. in the County aforesaid Gent. Executor of the Testament of I. B. late called I. B, of F, in the County of Norff, Yeoman, utlawed in the County aforesaid 6, Ap. An. 22. Eliz. at the suit of W. Grace Administrator of the goods and Chattles which were of R. G. who died intestate, etc. 
T: 3. or 5 Car: rot 531. the like for B.  in a plea of debt whereof he is convicted if, etc. And safely, etc. so that he should have his body here at this day, to wit, in Oct. Martini, to do and receive what the Court of the Lord the King shall consider of him in that behalf. 
Return mortues  And now here at this day, to wit, in Oct. S. Martini the sheriff of the said County of Norff. to wit, R. B. Baronet returneth that the said 1 
H: 12 Jac: rot: 829. tiel: H: 45 Eliz: rot: 2834. general pardon pleaded by the Executor for him that died utlawed.  is dead, And hereupon came in to the Court one R. S. of F. in the county aforesaid Gent. Administrator of the goods and Chattles which were of the said James in his proper person and saith that the said james after the publishing of the said utlawry, to wit, The 8. day of january An. 20 Rs. nunc, at F. aforesaid died intestate, etc. And that the administration of the goods and chattles which were of the said I. at the time of his death by Robert Redmaine Doctor of laws, etc. The tenth day of january An. Dom. 1622. at F. aforesaid to the said administrator after the death of the said james was committed, and he bringeth here into the Court the letters administratory of the said Official, which the commission of the administration aforesaid in Form aforesaid testify, etc. whose date is the same 10. day of january An. Dom. 1622. abovesaid and for the securing of the goods and chattles which were of the said I. at the time of his death from the utlawry aforesaid he prayeth the hearing of the return of the said writ de Exigi Faciend. whereupon the said ja. at the suit of the said William was utlawed, And it is read unto him in these words Norff. At my county held at the castle of Nor. within the shiere-house in the county aforesaid the 25. day of December An. Reg. 24 within written, The within named I. B. was the first time called & appeared not, etc. 
Return of the Exigent.  which being read and heard the same administrator saith that the utlawry aforesaid against the said I. in Form aforesaid published and had, is altogether void and of no Force nor effect in law, because he saith that in the return aforesaid whereas it is expressed the said james to have been called at the said first county, a certain principal word, to wit, Norff. between these words, meum Tent. which should denote and declare the name of the County aforesaid is omitted out of the said return whereby no first county by the law of the land was held, To which the said james in his life time could render himself to the said sheriff of No. to save himself from the utlawry aforesaid, And for that cause and others being in the return aforesaid, That return is insufficient in law And this he is ready to verify whereupon he prayeth judgement that the utlawry aforesaid may be reversed avoided and taken altogether for nothing, and that the goods and chattles which were of the said james at the time of his death in the hands of the said administrator to be administered may be discharged from the utlawry aforesaid and hereupon the said return being seen, And by the Justices here fully examined and understood, It seemeth to the Justices here that the utlawry aforesaid shall be reversed, vacated, and taken altogether for nothing and that the goods and chattels which were of the said james at the time of his death being in the hands of the said administrator to be administered, be discharged from the utlawry aforesaid, etc.  

Another form of reversal of an oulawry against the Intestate by the Administrator upon the Exigent roll, and not in the same te●me in which it was reversed.  T 4, Jac. rot. 2990. Page London ss. Hugh ap David against Williams in debt, the Exigent awarded returned 8. Mich. 4. Jan. the utlawry is entered upon the Role, and afterwards the 25. day of April 10. jacobi, Henry Williams administrator of the said W. Williams comes & shows his letters of administration, and prayeth hearing of the writ of Exigent with the return thereof, And prayeth that the goods in his hands may be discharged from the said utlawry, because the Exigent and the return thereof are erroneous, And the utlawry for error was reversed, And that the goods and chattles which were of the said intestate at the time of his death being in the hands of the said Henry should be discharged from the utlawry aforesaid, etc.  

Utlary reversed for that there is no such name in Baptism.  M 21, jac. rot Brownlow Norff. ss. It was commanded the sheriff, etc. utlawry reversed by the administrator, which being read, etc. and the administrator prayeth hearing of the Roll of the Exigent And it is read unto him, etc. which being read, etc. the said administrator saith that the record is vicious and defective in law in this, to wit, That in divers places of the record aforesaid is written, Edmindo for this word Edmundo, which said word Edmundus is a name of Baptism, and that there is not any such word Edmindus, as it is written in the Record aforesaid, And that in the Record aforesaid is written recuperuit, whereas it ought to be written or thographically Recuperavit, and not Recuperuit, And in the Record aforesaid there are material Words omitted, To wit, quodam Debito in these words, de & quadraginta so that by the omission of those material words aforesaid, The Record aforesaid is altogether imperfect, And this the said administrator is ready to verify by the same Record of the Term of the holy Trinity An. 16. Reg. Rot. 1297. in the Court of the Lord the King now here remaining, whereupon he prayeth judgement and that the utlawry aforesaid may be reversed, etc.  

reversal of an oulawry, for that in the body of the Record, the Proclamution is directed to the Sheriff of Kent, but in the Margin it is written Sussex for Kent.  M 21. Jac. rot. Brownlow Sussex ss. inter Smith and T. utlawed in Com. Sussex, And prayeth hearering of the Exigent Role and it is read unto him, until and it commanded to the sheriff of K. that in his full county he make proclamation to the said David, etc. And the proclamation in the Margin is awarded in Sussex, which being read he saith that the record is vicious in itself, to wit, in this that in the body of the record aforesaid, it is commanded to the sheriff of Kent that he should make proclam the said David according to the Form of the statute in this case made and provided, And in the margin of the said record it appeareth that the said writ of proclamation to be adjudged to the sheriff of Sussex and so it appeareth that the record aforesaid is varying uncertain and contrary in itself, And that searching the writ retornable in Cro. Trin. of the sheriff of the county of Kent, no Writ of proclamation against the said David was returned by the said sheriff of Kent whereby the utlawry aforesaid against the said D, in Form aforesaid published and had is void and of no force nor effect in Law, Whereupon the record being seen, and the Writs of the said county of Kent, of the said Cr. Trin. filled in court here being searched fully examined and understood, it seemeth to the said justices here that the alilegation of the said David is discharged of the utlawry aforesaid, is true, etc.  
H 22. Jac. rot. 2426. Brownlow. Lond. ss. B. and P. at the suit of C. the utlawry reversed for that the first county was held 14. Iu. 22. and the 2. Counties was held 9 August 22. Jac. which being read and heard, etc. Onerari non, 
Utlary reversed for that one month was united between the first and the second Counties.  because he saith that the return aforesaid is vicious and defective in Law, to wit, in this that it appeareth by the said return that the said county at which the said John and Eliz. were first called was held the said 14. day of June an. 22. abovesaid and the said county at which the said John and Eliz. were the second time called was held the said 9 day of August An. 22. abovesaid, whereas in truth the said second county the 9 day of July An. 22. abovesaid being the Month next following the month of June, in which the said first County was, as is aforesaid, held, by the sheriff of the county aforesaid, aught to have been held, & so by the return aforesaid it sufficiently appeareth that the said 5. counties by the sheriff said for the county aforesaid in form aforesaid held, & at which the said john and Eliz. in form aforesaid were called, Were not held from month to month successively one after an other, as by the law of the land by the said sheriff they ought to have been held, And this they are ready to verify whereupon, etc.  
T 8. jac. rot 4640. which being read and heard onerari non, 
Vtlary reversed for omitting the second exact. between the first and third.  because he saith that by the return aforesaid it evidently appeareth, that the said R. was never the second time called upon the said Writ of Exi. fac. so that the utlawry aforesaid against the said Ric. the second calling of him the said R. upon the Writ aforesaid being omitted, was published and had so that the utlawry aforesaid against him the said R. so published and had is void, and this, etc. The utlawrie is reversed,  

Januaii for Januarii. Vtlary reversed for omitting the return of the Plu. cap. in the close of the Exigent.  H 22. jacobi rot. 1404. januaii for januarii.  
H. 7. jac. rot. 3503, utlawry reversed, for omitting the return of the plu. cap. in the close of the Exigent.  
P 10. H. 4. rot 337. One renders himself prisoner to the Fleet upon an utlawry, And because it appeareth that the exigent was not entered upon record in any other Term, he is discharged of the utlawry and set at large, Norff. I. at the suit of D.   

View.  

Entry of a writ of view in Formedon in discender, and a quashment of the same for a speedier return thereof, then by Law it ought.  TRin. 8. jac. roll. 485. Wolastone, City of York ss. It was commanded the sheriffs that without delay they should cause to be had to the Guardian searcher or master of the School and Elemosinary poor of the Hospital of S. john the Baptist in K. R. the view of one Mesuage with the appurtenances in the parish of Arpon the pavement which William Lister in the court here claimeth against them as his right by writ of the Lord the King de forma donationis in discendere, and that it should be said to 4. Knights who should be present at that view, That they should be here at this day, to wit, in Cr. Trin. to testify the said view, And that they should have here the names of the Knights and that writ, and now here at this day came aswell the said W. L, as the Guardian, etc. by their attorneys aforesaid and upon this, 
Writ of view is quashed.  because it appeareth here that the said writ is vicious, to wit, in this that it issued forth retornable here on the said morrow of the holy Trinity where it ought by due course of Law to have been made retornable here tres Trin. because the plea aforesaid had his last continuance until Oct. Pur. Beat. Mariae last past, Therefore at the petition of the demandant, 
A new writ of view awarded,  and by the consent of the attorney of the said Guardion, etc. let another writ thereupon be made in Form as aforesaid retornable here in Cr. Anim. And in the mean while, etc. at which day here came the parties, etc. by their attorneys and the sheriff sent not the Writ, Therefore let another Writ thereof be made in Form aforesaid retornable here tres Pas. the same day is given to the same W. L hear, etc.  
TRin. 11. jac. roll 3388. Goldesburgh Ebor. ss. The sheriff was commanded that he should attach William Denton so that he might have him here (at such a day) to answer W. H. Gent. one of the attorneys, 
Entry of a bail taken upon an attachment of Privilege in an action of debt.  etc. according to the liberties and privileges etc. of a plea of debt etc. and now here at this day came aswell the said W. H. in his proper person as the said W. D. in his proper person under the custody of the sheriff of the county aforesaid by virtue of the Writ aforesaid here brought to the bar, And hereupon (such a day) that same Term before Peter W. Knight one of the Justices of the said Lord the King, etc. at his chamber in Chancery-lane London came the said W. D. in his proper person under the custody of the sheriff of the county aforesaid, And hereupon one R. W. of Clifford's Inn London being present in his proper person before the said Justices undertook for the said W. D. 
H: 8. b. 8 rot. 1. an appearance entered upon an attachment upon an information.  in the sum of 20 l. and the said William D. assumed for himself in the sum of 40 l. to have the body of the said W. D. here in court from day to day at every day of pleading, until the plea be determined and judgement be thereupon given, and also if it happen judgement in the same plea to be adjudged for the same W. Hamp. against the said W. Denton, would satisfy, or render his body in execution to the prison of the said Lord the King of the Eleet upon that judgement which said sum of 20 l. the said R. acknowledged to be made out of his lands and chattles and which said sum of 40 l. the said Will. Denton acknowledged, 
Recognizance enroled.  etc. (as in others) which said recognizance the said Justice with his own hands delivered here in Court that same Term to be inroled upon record.  
T 28. H. 8. rot 328. 
View.  View was granted in a Writ de consuetudinibus and Servitiis.  
M 2. and 3. P, and M. rot. 315. Norff. ss. 
Alias writ of view awarded, where the Sheriff retu ned upon the first writ of view, that none of the Demandants would show him the lands.  It was commanded the sheriff that justly, etc. he cause to be had to T. K. Knight the view of the manors of B. & B with the appurtenances which Geo. O. Esq. in the Court of the Lord the King and the Lady the Queen here claimeth against him by Writ of the said Lady the Queen de ingru. in le per, And that he should say to 4. Knights who would be present at that view that they should be here at this day, to wit, tres Mich. to testify the said view, And now here at this day came aswell the said G. by I. C. his attorney as the said T. by P. P. his attorney, And the sheriff, to wit, I. S, now returneth that none on the part of the said demandant came to show the said sheriff the Manors aforesaid, and for that default he could by no means execute the execution and command of that Writ, As that Writ in itself doth exact and require, Therefore as before let the said Thomas have view of the Manors aforesaid with the appurtenances, the same day is given aswell to the said George as to the said Thomas here, etc. in Cr. Pur. and in the mean time, etc.  
THat the view ought to be examined in an assize and Waste, and that there ought to be 6. 
Nota.  Recognitors to have the view and that 4. of them be hundreders, etc.   

Venire Facias.  
P 3. and 4. P. and M. rot. 126. hotly London, It was commanded the sheriffs whereas I. N. late of, etc. lately in the Court of the Lord Edward late King of England the 6, 
Venire fac: to account against Tenant in Elegit, and judgement against the Tenant and reliberate awarded.  before the Justices of the same late King of the Common bench here by the consideration of the same Court recovered against T. D. etc. aswell a certain debt of 400 l. as 6 l. which to the same I. in the same Court of the said late King were adjudged for his damages which he had by occasion of detaining of that debt whereof he is convicted, And the same I. afterwards, to wit the 28. day of N. An. Reg. nunc primo, coming into the Court of the said Lady the Qu. now before the Justices of the said Lady the Queen of the bench here, to wit, 
P 2, & 3 P. & M: ●ry, rot: 926. or 126. Dyer fol: 1. Pl: 6. 4 H: 8.  at Westminster close to be delivered to him, etc. to hold, etc. and prayeth a writ thereof to the then sheriff of the said County of War. to be directed, which was granted to him whereupon the Lady the Queen now by her writ commanded the then sheriff of War. that all good, etc. to hold, etc. and how far he shall execute that precept he should make appear to her Justices at Westminster 15. Hillarii and that then he should have there that writ, at which said 15. Hillarii R. T. Knight then sheriff of the said County of Warr. to the said Justices of the said Lady the Queen of the Common Bench here, to wit, at Westminster returned that he had done execution upon the lands and Tenements which were of the the same T. the same day of the judgement aforesaid thereon given, And that a moiety thereof, to wit, one Park, etc. which amounted by the year in all issues besides reprizes to 62 l. the 13. day of I. An. abovesaid and delivered them to the said I. N. according to the value and extent aforesaid to hold as his Tenement to him and his assigns until the 300 l. 
See the old Tenors, fol: 123 E: according to thy writ of Ven: fac.  for the debt and damages aforesaid be thereof levied and further the said sheriff to the said justices of the said Lady the Queen here, to wit, at Westminster aforesaid returned that 105 l. in ready moneys which were of the said T. the same day of the judgement aforesaid therein given he likewise delivered to the same I. to hold to him the goods and Cattle aforesaid as his own goods and Chattles for the residue of the said 105 l, for the Debt and Damages aforesaid, And because the King and Queen now by the information of the said T. B. know, 
Suggestion that the Pla. had levied a 100 l. above the debt and damages in cutting down woods See F●. tit. Scire Fac. Pl. 101. P. 32. E. 3.  that although the said moiety of the said Lands and Tenements of the same T. B. so delivered to the said I. M. did only extend unto 62 l. notwithstanding the said I. N. aswell of the issues and profits of the moiety aforesaid, whose true value doth extend itself to a greater value than the extent aforesaid as also of the woods and underwoods growing upon the same moiety by the same I. N. lately cut down and sold 150 l. above the said 406 l. for the Debt and Damages aforesaid hath now levied whereupon he supplicates the King to be by the King and Queen provided of a fit remedy, 
A Venire fac. awarded ad Computandum, de Exit. deterie & bosci.  And the said King and Queen willing to do what should be just to the said T. in that behalf commanded the sheriffs of London to cause to come here 15. Pas. the said I. N. to account with the same B. of the moneys received aswell out of the issues and profits of the moiety aforesaid, according to the true value of the same, from the time of the delivery aforesaid as of the woods and underwoods of late growing, upon the said Moiety by the same I. N. cut down and sold, And further to show if any thing, etc. wherefore the said moiety delivered before to the said I. N ought not to be delivered to the same T.B. if, etc. 
Non inventu. returned. Testat cap. awarded to the sheriff of Mid. ad compuandum. quaere de hoc. The parties come by attorneys Vic. returneth a Sup.  At which said 15. Pas. came the said T. B. by F. M. his attorney And the sheriffs, to wit, T. and I. now returned that the said 1 is not found, etc. And hereupon it is testified in the Court of the King and Qu. here that the said I.N. doth hid and run from place to place in the county of Midd. Therefore it is commanded to the sheriff of the said County of Midd. that he take the same I. N. if etc. and safely, etc. so that he may have his body here tres Trin. to accout and show in Form aforesaid etc. And now here at the said tres Trin. came aswel the said T. B. by his attorney aforesaid as the said I. N. by F. M. his attorney, and the sheriff of Midd. to wit, T. and F. now returned that after the receipt of the said writ of Capias I. N. delivered to the said sheriff a Writ of the Lord the King and the Lady the Queen of Sup. by which Writ the same sheriff as to the taking of the same I. N. could not proceed, And hereupon the same T. B. saith that after 15. Hillarii An. Regin. 1. 
Count upon the venire facias.  aswell of the issues and profits of the moiety aforesaid whereof the true value did amount to a great sum of money, to wit, 62 l. by the year above the extent aforesaid, as also for the wood, to wit, 
Registered judiciale foe 14. such a writ against tenant by Elegy.  of 1200 Oaks and 340. Beech Trees and underwoods, to wit, C. cart load of underwood to the value of 200 l. late growing in the said Moiety late cut down and sold by the same I. N. Cl. above the said 206 l. levied thereof for Debt and Damnges aforesaid, whereupon he prayeth judgement and that the said I. N. may account with the said T. B. etc. and also prayeth delivery of the Tenements aforesaid to the said T. B. to be done etc.  

Nil dic.  ANd the said I. N. defends the force and wrong when, etc. And nothing in bar of the action of the said T. B. aforesaid wherefore the said I. of the moneys received of the premises aforesaid to account with the same T. nor wherefore the said moiety to the same I. N. before delivered, ought not to be redelivered to the same T. saith, neither showeth whereby the same B. 
judgement that he should account and that the moiety should be redelivered.  remaineth against the said I.N. thereof without defence, Therefore it is considered that the said I. N. of the moneys received by the same I. aswell for the issues and profits of the moyetyes aforesaid as of the woods and underwoods aforesaid in the said moiety late growing by the same I. N. cut down and sold, should account with the said T. B. And also that the moiety of the Tenements aforesaid with the appurtenances should be redelivered to the said T. B. And hereupon the same T. B. prayeth a Writ of the Lord the King and of the Lady the Queen de Reliberand, to the same T. B. the moiety aforesaid to the said sheriff of Warr. to be directed, and it is granted him retornable in Cr. S. Martin, etc.  

Entry of a Venire facias direct d by the 〈◊〉 of the common Bench to the keeper of the Palace of the Lord the King of West. (who is the warden of the Fleer) to return a jury of attorneys of the Common Bench to inquire of all misdemeanours done in the same Court.  ss. It was commanded the Keeper of the Palace of the Lord the King of Westminster that he should cause to come before the Justices of the Lord the King of his Bench here the 29, day of November that same Term, 12, attorneys of the Court of the Common Bench here whereof every one of them should have 100 s. in lands Tenements or rent by the year at the least, by whom the truth of the matter might be the better known to inquire upon their oath of all Felonies, Falsehoods, rasures, and deceits whatsoever in the court of the Lord the King here done or committed, etc. At which day W. B. Esquire keeper of the palace aforesaid returneth here a certain Paunell with the names of the Jurors, etc. 16. of whom, to wit, W. K. etc. are elected and sworn to inquire of and upon the premises, whreupon further day is given to them by the Court here to inquire of and upon the premises here until Cr. Pur. At which day here came the said Jurors, And hereupon for certain causes the Court here moving, further day is given them by the court here to inquire of and upon the premises until, tres Sept. Pas. At which day here came the Jurors aforesaid, who say upon their oath that whereas otherwise, to wit, in the Term of S, Hillary An. Rs. nunc, 17. before Io. Br. Knight and his associates then Justices of the Lord the King of the Common bench at Westminster, one 1. Allen Knight prosecuted a certain account of debt against Robert Hodgson late of, 
Presentment made by the inquest of the attorneys  etc. Gent▪ upon demand of 20 l. And the same R. in the said Court by R, Swinlow his attorney appearing in the defence by him made, saith nothing in Bar of preclusion of the action of the said I. A. aforesaid for which it was then considered there that the same I. should recover against the said R. his debt aforesaid and his damages by occasion of the detaining of that debt as it appeareth in the same Term rot. 325. and the same R. afterwards for that cause was put into the Hustings of London to be utlawed, and for that cause afterwards was utlawed as it doth appear in Trinity Term An. Rs. nunc 18. rot. 260. and afterwards, to wit, 12. November An, Rs. nunc 21, at Westminster in the county of Midd. in the Tresure-house there whereunto the records of the Lord the K. belong to the Common Bench, under the custody of Geo. Roll Clerk of the treasury aforesaid were kept these, words or say, to wit, Wassan and Sinhowe, by the procurement of the said Ro. Hodgson were razed, to the intention to vacat and altogether to make null the utlawry aforesaid, and of the same word or saying, called Wassand, was made warrant, and of the same word or saying of the name of the attorney of the said Robert Hodgson called Swinhow, the letter H. at the end of the same Writ was cased and abstracted, and the letter H. was made the letter B. so that the name of his attorney on the plaint aforesaid, by the procurement of the said Ro. Hodgson by reason of the said rasure now is, Swinbowe, in contempt of the Lord the King, but who or whom razed that record, the Jurors hithrto are altogether ignorant, and hereupon the Jurors aforesaid have further day to inquire of and upon the premises, to wit, until the feast of St, john Baptist than next following, etc. At which day here came the Jury aforesaid and upon this day is further given to the Jury aforesaid to inquire of and upon the premises here until 15. Mich. then next following, etc.   

Withernam.  
P 44. Eliz. rot. 1201. ss. It was commanded the sheriff, 
Entry of pledges of new after withernam and warding of second deliverance and awarding of a writ ad Deliberan. averia capt. in Withernam upon an nonsuit beore appearance.  whereas W. H. bad been summoned to be in the Court of the Lady the Queen here, to wit at Westminster to answer I, K, of a plea wherefore he took a certain Ox of the said I. and him unjustly detained against sureties and, pledges, etc. The same I. afterwards in the same Court of the Lady the Queen here, to wit, at Westminster made default, by which it was considered in the same court of the said Lady the Qu. here that the same I, and his pledges of prosecuting should be thereof in mercy, And that the same W. should go thereof without day, and that he should have return of his Ox aforesaid whereupon it was commanded to the same sheriff, 
30: H: 8: Dier so: 41. Pl 4: and fo. 59 Pl: 14 Pasch. 27 Eliz rot: 1134 entry of a w it of Capias in withernam in like case. H. 19: 7: rot. 401. like entry P: 44 Eliz. rot: 1935 inter. L: and P: and others  that without delay he should make return of the said Ox to the same W. And should not deliver him at the complaint of the said I. without a Writ of the said Lady the Queen that of the said judgement should make express mention, And in as much, etc. he should make appare here in Cr. Pur. last past, And the same sheriff to the Justices of the said Lord the King here at this day returned, that before the coming of the Writ aforesaid, the said Ox was enlarged by the same J. to places altogether to him unknown, so that he could not make return of the Ox aforesaid to the said W as by the said Writ to him is was commanded, Therefore, etc. that of the cattle of the same I. to the value of the Ox aforesaid before taken, he should take in Withernam, and should deliver them to the said W. to hold to him until the Ox aforesaid before taken, could be returned, And that he should put by Sureties and Sure pledges, the said I. that he should be here at this day, to wit, A die Pas in un. mensem, to answer aswell the said Lady the Queen of the contempt, as to the said W. of the Damages and injuries to him in this behalf done, etc. And now here at this day came aswell the same I. by I. P. his attorney as the same W. by P. K. his attorney and the sheriff to wit, H V Esquire now returneth that he by virtue of the Writ aforesaid to him directed took in Withernam three Cows of the goods & cattles of the said I; And caused them to be delivered to the said W, to hold to him until the Ox aforesaid before taken might be returned, And that the said I was attached by his cattles to the value of 12 d. And hereupon the same I prayeth to be admitted to make a fine with the said Lady the Queen by occasion of the premises, And is admitted, etc. and is fined by the Justices here to 3 s. 4 d. which by the command of the Justicas here, he paid to R. B. Esquire chief Prothonotary of the Court of the Common bench of the said Lady the Queen here for necessary reparations of the Court here done and to be done, 
Note that it is a better form to award the writ of 2: Deliverance, after the Recognizance. Fit: Na: br: fo: 72: D:  Therefore the same I. may go thereof without day, etc. or quiet, &c, And hereupon the same I. by the statute etc. prayeth a Writ of the Lady the Queen, the second delib. And it is granted him retornable here in Cr. S▪ Trin., and also the same I. in the said Court here found pledges of new as well to prosecute his claim, as to return to the same W, the Ox aforesaid before taken, or the price of the same cattle, if return thereof be adjudged; to wit, I P of, &c, under the penalty of the said I K. 20 l. and I. G. of, etc. under the penalty of the same I P and I G of 40 l. etc. whereupon the sheriff was commanded that without delay he make deliverance to the same I of the cattle aforesaid taken in Withernam, 
Note that divers prefidents mentioned the writ at large:  And in as much, &c, he make to appear here at the said Cr. S. Trin. etc. and that he should put by sureties and safe pledges the said W. that he should be here at this day, or the said Term, to answer to the same I. of the taking of the Cattle aforesaid before taken, etc. The like in Hill. 12. Ja. rot. 
T: 9: jac, rot 11: Brownlow in't: Smith and all: Mich: 16: ja: rot: 505: Mich 34: and 34: Eliz: rot: 617. after entry of the pledges. etc. thus after wards, to Wit, at the said Cr: Trin. came the said I: by his attorney aforesaid and by the statute, etc. prayeth a writ second deliverance etc.  2280 Brownlow between Wenworth and Wilton: See Mich 10. Jac rot. 393. or 2393. between Loveday and White, like pledges, etc.  
Note that in this case the Plaintiff prayeth that the defendants attorney present in Court might gauge to him deliverance of the cattle taken in Withernam, And Sergeant Pelham moved the Court, 
Gage deliverance prayed & denied.  that the course was such, and shown a precedent in Hill. 15. Eliz, rot. 708, where a demurrer was upon the like point, and was adjudged that the Attorney should gauge deliverance for his Client, and also he vouched the authority, but notwithstanding that the court held such course to be very inconvenient for the attorneys, and there upon adjudged, that a Writ should issue out to the sheriffs, to deliver the cattle taken in Withernam, as in this precedent, which note.  
ALso at the said Cr. 
Nota:  Trin the sheriff returned that the Cattle taken in Withernam were enlarged, 
Testar. Capias. in Withernam  and moreover that he to whom they were delivered, had nothing in the County, And in truth they were eloyned in an other County, and hereupon a testat, br. awarded in the other County where the cattle were eloyned.  
ANd also that Justice Glanvill said that he who shall have Cattle in Withernam, cannot sell them, or kill them, 
Mich: 11 Eliz: Dyer fo: 280: Pl: accord:  as he who hath Cattle irreplegiable, and in that case, an Action of trover well lies after tender of satisfaction in Court, which note, but inquire.  
M 36. and 37. Eliz. rot. 2640. Brownlow, An entry as in the precedent before the entry of the pledges de novo at the end of the recognizances, And hereupon the same T. prayeth that the said W, may gauge to him deliverance of the cattle aforesaid taken in Withernam, in Form aforesaid which said W. to gauge deliverance of the same Cattles in form aforesaid taken in Withernam, here in Court refused, Therefore it is commanded to the sheriff of Devo. that those cattle taken in Withernam in Form aforesaid, without delay he cause to be delivered to the same T. and what, etc. The sheriff make appear here & c in Oct. Hill, etc.  
P 11. Jac. rot. 2446. Walter, Somerset Int. P. and P. such an entry after Cap. in Withernam entered and pledges found if return thereof should be adjudged, to wit, W. R. and H. W. Subpoena 10 l. which the same W. and H, have acknowledged, and both of them do acknowledge to be made of their Goods and Chattles & to the use & behoof of the avowant to believed, If it shall happen the said R. not to make deliverance of the Cattle aforesaid, before taken in form as aforesaid, Or not to satisfy the said I. of the price of the cattle, and hereupon the same K. prayeth deliverance of the said cattle taken in Withernam as is aforesaid to her to be adjudged, &c, and because the said I. was solemnly called to gauge deliverance and came not therefore it is considered that the said K. may have return of the Cattle aforesaid taken in Withernam, therefore it is commanded to the said sheriff that the cattle aforesaid by him taken in Withernam without delay he cause to be delivered, to the said K. and in as much, etc. the sheriff make to appear here in Cr. Trin. etc.    

THE TABLE.  

Abatement. ABatement pleaded to a Scire fac. against an administrator for that the administration was by two and but one named in the Scire fac. fo. 1.  
Admission. 

Admittance to a fine after a Cepi Corpus returned upon a Capias pro fine. ib.  
Admittance to a Fine after Averia elongat. returned in a return. habend. ib.  
Admission of the third Prothonotary to his Office. fo. 3.  
Admission of the second Prothonotary to his Office. ib.    
Accedas ad cur. 

Accedas ad cur. entered to remove a cause out of the court Baron, etc. And a Procedendo granted, etc. for the insufficiency of the cause shown. foe 4.  
Accedas ad cur. to remove a plaint out of an inferior Court and a Procedendo awarded for that the damags in the plaint are under 40 s. fo. 5.    
Allowance. A writ of allowance entered for one of the Just of the common Bench by reason of infirmities. fo. 7.  
Amertiament. 

Amerciament entered against a sheriff for his insufficient return upon a writ of waist.  
Amerciament nor returning for a Capias Utlagat. ib.  
Amerciament for not returning of Capias ad Satis. after several days given by the court. ib.  
Amerciament for the marshal for non attendance upon the judge upon the essoine day. ib.    
Amerciamet. 

Amerciament entered against the sheriff upon an attachment of Privilege and a Habeas Corpus awarded foe 11.  
Amerciament entered upon an attachment of privilege for one of the Judge's clarks of the common Bench and awarding of a Habeas Corpus. ib.  
Amerciament entered against a bailie of a liberty upon a Cepi corp. returned and a Distringas awarded upon an attachment of privilege. ib. Amerciament entered against the sheriff upon return of the Languidus in prisona upon an attachment for contempt. 12.    
Appearance. 

Appearance & bail in court entered upon a writ of privilege in discharge of the sheriff's bond. 9  
Appearance entered to a writ of privilege in trespass. ib.  
Appearance made in discharge of Manucaptors upon mean Process 10.    
Attachment. 

Attachment in the Mayor's court for debt, the attachment disattached by bail and plaint removed by a common writ of privilege with Cerciorare. 10  
Attachment entered in a Quare impedit and a distress awarded ib.  
Attachment awarded in the like with summons and severance 1. of the plaintiffs comes not; judgement that the other sequat solus, the Bishop Essoines, etc. ib     

B  
Ballivo Amovendo. Entry of a writ of Ballivo amovendo for continuing his office above one year together contra formam statuti. 13   

C  
Capias ad satisfaciendum. 

ENtry of a testat ca sa. for residue of a debt whereof part was levied upon a testat fi. fac. 14  
Capias pro fine entered and an Exigent thereupon ib.  
Entry of Ca sa. after a Fi. fac. and Spec. return of Devastavit against the executrix upon the inquisition. 15.  
Entry of a writ of Testat ca sa. in the county Palatine after a devastavit returned against the exec. upon a testat si. fac. de bonis Testatoris 17  
Entry of a Ca sa. by the executors of the Conusor after the death of the Conusee in a statute merchant 18  
Entry of a Capias ad sat. upon a statute merchant & upon the sheriffs return that the defendant is dead, an Extent is prayed against his lands by the statute and granted in the county Palantine of Lanc. 18.  
Entry of a Capias upon a statute merchant and upon Laici. and non inventus returned an Extent awarded 19  
Continuance of an extent where the writ is awarded in one county. ib.  
Entry of a Capias ad satisfaciendum after nulla bona returned upon an Elegit. ib.  
Entry of Ca sa. in the proper county and non inventus returned and a testat ca sa. awarded into a foreign county. 20.  
Entry of a Capias ad. sat. upon a writ of privilege and Cepi corpus returned and after the sheriff returns that specially that before he took him by virtue of an other writ etc. the defendant is bailed upon the Execution, and an attaint brought, etc. ib.    
Commitment. 

Commitment specially entered for levying of a fine in the name of the person who refused to acknowledge 22.  
Commitment for forging of writs and counterfeiting of the seal. 23  
Commitment for making a feigned writ of Supersedeas. 24.  
Commitment to the Fleet upon a Cepi corpus upon a Capias utlagat with a Remittitur into London to answer the plaint there, etc. ib  
Commitment to the Fleet of one in execution upon a judgement there ibe  
Commitment of one in execution upon a Scire sac. upon judgement the defendant saith nothing in bar, judgement that execution, etc. ib  
Commitment of one to the fleet for rasure of a Record in the common Bench ex confesso, afterwards fined and set at liberty. 25.  
Commitment by the indictment roll without any process of execution sued forth upon a Habeas Corpus.  
Commitment of a Prothonotaries clerk and a sheriff's clerk for rasing an execution the return and and test and serving of the writ before it was new sealed, spe. examinants. ib.  
Commitment of an attorney for altering of a counter plea of the voucher. 26.  
Commitment to the fleet for rasure of a fine and a fine imposed ib.  
Commitment upon a Habeas corpus from the Judge's chamber, the writ bore test 4. July 18. jac, the term ended 5. July upon which day the judge delivered the commitment to be inroled. 30  
Commitment of one to the Fleet in vacation time brought by the sheriff of London by Habeas corpus before the Judg. 32.  
Commitment of a prisoner to the Fleet brought to the bar in term by a Habeas corpus. ib.  
Commitment for forging a Cirography to a fine. 33  
Commitment of an attorney for prosecuting a Capias in trespass without any original to warrant it dismissed upon a fine.  
Entry of orders for the right regulating of Offices in the court of common Bench. 34.  
Commitment of an attorney turned over the Bar for divers falsities. 35     

D  
Debt. ENtry of writ ad Levand. deb. de bonis mobili. Cleric. upon a statute merchant upon return of nulla bona mobilia and that he is benificed, an extent is awarded. 36.  
Distringas. 

Entry of a distringas against the Lord of a Manor in ancient demesne, to hold his court that the sheriff Recordari fac. Loquelam. 36  
Entry of a distringas against a sheriff for returning of pettit issues and a Testat distringas granted to a foreign county to distrain the Defendant by greater issues. 37     

E  
Elegit. 

ENtry of an Elegit upon the Roll of the entry of the Scire fac. the same term in which it was returned and a special return of the sheriff. 37  
Entry of a writ of Elegit against a clerk the sheriff returns non habet Laic. Feod. and an Extent awarded to extend bona & terra ecclesiastica but upon motion a Fi. fac. was thought more proper & awarded. 39  
Entry of an Elegit after an Elegit. 40.  
Entry of an Elegit for the value in dower. 41.    
Execution. 

Entry of the tender of the body in execution in discharge of the Manucaptors, 41.  
Entry of a tender of the body in execution after judgement against the principal in discharge of his sureties. 42.  
The defendant discharged out of prison for that the plaintiff prayed him not in execution. ib    
Execution. Entry of a tender in execution the Pla. prays him in execution of the court, Cur advisare vult, because a writ of Error is brought and the record and recognizance are certified away but at length committed in discharge of his sureties. 34.  
Extent. Entry of an Extent. upon a statute Merchant by an executor 34   

F  
Fieri Facias. 

Entry of a testat Fi. fac. de bonis propriis after a Devastavit returned. 45  
Entry of a Fi. Fac: where parcel of the money is returned levied and a Fi: fac: awarded for the residue. ib.  
Entry of a Fi: Fac. where the sheriff returned nihil habet & a Fi: Fa: awarded to the ordinary de bonis ecclesiasticis: 64  
Entry of a Fi: Fac. de bonis testatoris the sheriff returned that part is levied de bonis testatoris and as to the residue a devastavit by the executor, execution awarded de bonis propriis. ib.  
Entry of a special Fi. Fac: de bonis propriis.  
Entry of a Fire Fac. for damages in replevy Fi: Fac: returned, but the money not brougth into the court a Scire Fac. is awarded to the Coroners, &c, because the plaintiff is without remedy against the sheriff, ib.  
In this entry precedents must vary.    
Foringer. 

Entry of a Forenger against an Attorney. 49  
Entry of a Foringer and commitment of an Attorney forging a writ de non molestando. 50  
Entry of a Foringer of the Clerk of the Jurat. for not attending his Office. ib.  
Entry of a Poringer of a Crier of the court for his not attendance causa pro absentia non ostens●. 51  
Entry of a Foringer and several punishments against an attorney for forging of a writ of Sup. to reverse an utlawry. ib.  
Entry of a Foringer of a Philizer of the Upper Bench for non attendance in his office in person. 53    
Fine. Entry of the quashing of a Fine upon the execution and inspection of the infant acknowledged upon a Dedi. Potestatem. 54  
Breve de Gardiano Admittendo. Entry of a writ de Gardiano Admittendo in a writ of partition   

H  
Habeas Corpus. 

ENtry of a Habeas corpus in debt where the sheriff returned that he was not taken, etc. and a Distringas Nup. Uic. awarded. 55  
Entry of a Habeas Corpus upon Privilidg with the Recognizance 56  
Entry of an Amerciament for not Returning a Habeas Corpus. 58  
An entry thereupon is broguht to the Bar by Habeas Corpus and charged with 20 l. debt by an Original, and process of utlawry is awarded because he would not appear to the writ. 59  
The like where the Prisoner is remitted to prison. ib.  
Entry of a Habeas Corpus of a Prisoner committed for causes Ecclesiastical and enlarged without bail. ib.  
Entry of a Habeas Corpus cum causa, the sheriff returntd that he was detained vertute warrantii, whereupon he is committed 60  
Entry of a Corpus cum causa of an attorney committed by a warrant from the High Commssioner who was discharged. 61     

I  
Inquiry. 

Entry of a writ of Inquiry directed to the Justices of Assize to inquire of better issues. 61  
Entry of a writ of inquiry directed to the Justices of Assize to inquire of what issues the sheriff could answer. 62  
Entry of a writ to inquire de quantis exitibus. 63  
Entry of a writ to inquire awarded de novo where the sheriff returned that he could not execute the old writ. 64.  
Entry of the like writ against an Attorney in covenant broken ib.  
Entry of a writ to inquire of Damages for Fees for suing forth a writ of Covenant. 65     

L  
Liberari Facias. ENtry of a writ of Liberari Fac. to the Conusee of lands extended upon statute merchant. 67   

M  
Mittimus. ENtry of a Mittimus of a record removed out of another court by a Certiorare and sent to the Justices of the Bench. 69   

N  
Ne Exeat Regnum. ENtry of Ne Exeat Regnum and surety found. 70  
Nuisance. ENtry of a writ of Nuisance to demolish a foundation laid ad nocumentum of a society of the Law 70   

O  
Original. ENtry of an Original directed to the Justices, sued out by a Lord in Parliament. 71   

P  
ENtry of a general Pardon, to an utlawry after judgement for that it appeareth by record both debt and damages are satisfied 73  
Entry of a special Pardon after satisfaction of the judgement where the defendant upon a Cepi Corpus being committed pleads the pardon and satisfaction, and is set at liberty 73  
Pardon and Release of demands pleaded in discharge of an Ex post. cap. and a Scire facias awarded ib.  
Partition. Entry of a Writ de partitione facienda and partition made. 73  
Plur. Replegi●●e. 

Entry of a writ of Plur. Replegiare properly claimed by the defendant a Writ of Proprietate probanda awarded, etc. 75  
Entry of a Plur. Replegiare in homine repleg. the sheriff returns he is enlarged, a Capias in Withernam awarded of the body of the Avowant. 78  
Entry of a Plur. Repleg. 67.  
Diet this case reported. 79    
Pone. Entry of a Pone and the sheriffs returned thereupon adjudged void for that he named not the Cattle in specie. 80  
Privilege. 

Entry of a writ, of Supersedias for the servant of the Chief Clerk of the upper Bench, And a counter part that the Defendant is Farmer to the said Chief Clerk of divers lands, etc. And traversed that he was is Clerk Demurrer. 81  
Entry of a Writ of Privilege for one of the Six Clerks of the Chancery. 83  
Entry of the like writ for a Chancery Clerk. ib.  
Entry of the like writ of the Ptothonotaries Clerk. 84  
Entry of the like for one of the Masters of Chancery. ib.  
Entry of the like for the servant of the Keeper of the Rolls. ib.  
Entry of an Attachment of privilege against an attorney. ib.    
Procedendo. 

Entry of a Procedendo awarded in a plea of Lands to be removed out of an inferior court by Recordare 85  
Entry of a Procedendo Rege inconsulto. ib.  
Entry of a procedendo upon a special return made upon a Habeas Corpus, about the custom of London touching Apprentizes and their Indentures. ib.    
Prohibition. 

Entry of a Prohibition to the court of Stannaries. 86  
Entry of a Prohibition (sine causa procedente) to the Bpp. of W. for excomunicating one for serving a warrant of peace upon his Chaplin. 87  
Entry of the like out of the court of Request against the Corporation of Miners. ib.     

Q  
Quare impedit. Entry of a Quare impedit where the plaintiffs have a writ to the Bpp. upon the Bishop's plea of the death of the Patron, 87   

R  
Ravishment de Gard. ENtry of the Writ brought by the Ki. The King's attorney waives issue and the defendant, erat sine die, salvo jure Regali. 88  
return. Recordi. 

Entry upon the return of the Record sent to be tried before the Judge at Lanc. after trial in the Bench. 88  
Entry of judgement after issue tried in the Common  Lanc. upon a mittimus of the Record there. 89  
Entry of a Resum. against an heir sued within age, after full age and it is awarded against him and etc. ib.    
Remissio Recordi. 

Entry where the record was remitted to the Judge at Lanc. upon a foreign voucher. 90  
Entry where the record was sent back from the Justices at Chester to the Bench to determine a Foreign voucher, day is given, the tenants make default, and for that the cause was determined. 91  
Entry of a Count ad Terminum qui Praet. in County Palatine of Chester with the Plead. 92     

S  
Secunda Deliberatio. Entry of a writ of Second Deliverance after the goods were taken in Withernam and the Defendants attorney was compelled to gauge deliverance. 93  
Scire Facias. 

Entry of a Scire Facias upon a recognizance against sureties in replevin after Averia elongat. returned 95  
Entry of a Scire fac after a judgement reversed in writ of false judgement upon a Record in Dtinue. 97  
Entry of a Scire Fac, directed both to the sheriff and Coroner to levy a debt upon a Fieri Facias and not paid at the return of the Fi, Fac. 98  
Entry of a Scire Fac. upon a general pardon after a capias ut lagat wherein are special plead. 110  
Entry of a count in debt upon a general pardon. 100  
Entry of a Scire Facias upon a recognizance where one of the defendants is dead and the other prayeth imparlance. ib.  
Entry of a Scire Fac. against the Tenant by Elegit where part of the debt is levied, the residue brought And a delivery awarded. 101  
Entry of a Scire fac. awarded in Aid 102    
Scire Facias. 

Entry of a Scire fac. by an administrator against an executor where the letters of administration are showed assets confessed to 40 l. and traverseth that he hath Nulla alia bona, Replication that he hath more Assets and verdict. 102  
Entry of a Scire Fac. against an executor of 1, Manucaptor of 3. Manucaptors, upon a Recognizance in debt, judgement against the Principal, Special plead. 104  
Entry of a special bar to a Scire fac. against the executor to have execution de bonis propriis after a Devastavit returned wherein judgement is for the Defendant after demurrer. 109  
After plene administravit plea●ded assets are found and judgmen-thereupon, the sheriff retornes a Deo vastavit such Spe. Devastavit, ●n 1 good plea. 11●  
Entry of Scire fac. against an executor upon surmise that the executor had wasted the goods of the Testator after judgement trial and special verdict therein. ib.  
Entry of a Bar to an alias Scire facias upon Recognizance in privilege where one makes default and the other pleads payment, issue non solvit. ib.  
Entry of a Scire fac. against Ter-tenants upon judgement in debt after death of the obligee, the recovery recited, Elegit awarded de medietate terrarum. 112  
Entry of a Scire fac. upon a Recognizance, the defendant pleads a feoffement made of the lands, etc. before judgement, etc. and prayeth judgement, The plaintiff saith that the Lands are held in Fee simple and Traverseth the feoffment. 113  
Entry of a Scire fac. upon bail to make deliverance after gage deliverance of Cattle in Court against Manucaptors because the Conusee had not made deliverance, judgement by nichil dicit. ib.  
Entry of the like Scire fac. against Manucaptors, etc. 114  
Entry of a Scire fac, upon a judgement in a Writ de Droit. de Gard.  
Entry of a Scire fac. upon judgement in detinue for Cattle. ib.  
Entry of a Scire fac. against an heir upon judgement against his father in Debt and an Elegit awarded. 115  
Entry of a Scire fac. against an heir upon judgement against his father in the time of another King. ibi.  
Entry of a Scire fac. against the Ter-tenants of lands descended to G. in Feesimple from W. his father, and which were of the said G. 12. F. test. of the original. 116  
Entry of a Scire fac. at the suit of an executor against an heir upon a judgement against the father viens per Descent, pleaded in bar, replication, Assets per descent at the test of the Scire fac. 111  
Entry of a continuance of a Scire fac. 118  
Entry of a Scire Fac. by the surviving Administrator of the goods of the first intestat not administered by the first Administrator. ib.  
Entry of a Scire fac. to have execution de bonis propriis upon a devastavit retorned post Annum & diem. ib.  
Entry of a Scire fac. brought by the executor against the administrator at the full age of the executrix upon a judgement had against the intestat by the administrator during the Minority of the Infant, ib.  
Entry of a Scire fac. against ter-tenants. 119  
Entry of an alias Scire fac, against the Administrator upon judgement against the intestat. 120  
Entry of a Scire fac, with a Capias testat. thereupon awarded: ib.  
Entry of an Alias Scire fac. upon judgement had against the Principal upon original in debt out of the common Bench. ib.  
Entry of an alias Scire fac where the first term. 122  
Entry of a Scire fac. upon a recovery in Dower against the ter-tenants for the value of the Damages. ibi.  
Entry of a Scire fac. upon judgement had against 4. executors, whereof 2. only appeared, and those only amersed. 124  
Entry of a Scire fac. by a new Administrator during the minority etc. of goods not administered by the first administrator upon a recovery by the first administrator, judgement by nihil dic. 125  
Entry of a Scire fac. to have the penalty given by the statute of 23. H. 6. cap. 11. against a sheriff for levying more moneys upon a town for Knight service then the town was taxed. 126  
Entry of a writ of Attachment issued out of Parliament to hear a bill to the same Parliament. 127  
Entry of a plea of special Bastardy pleaded in Bar to a Scire fac. to have execution upon a fine demurrer thereto and judgement for the demandant. ib.  
Entry of a Scire fac. wherein execution was awarded at the Assize upon the trial before the day in the Bench. 148  
Entry of a Scire fac. wherein aid is granted by the King to execute a fine. ib.  
Entry of a Scire fac. brought by the K. upon a judgement in Assize of Darreigne presentment had by the King by reason of the wardship of an idiot. Defendant pleads that the Lessor was respited until 8. Hill. for the default of the recognitors and judgement therein against the King ib.  
Entry of a Scire fac. brought by the Tenant in Recovery to have execution of lands in value against the voucher. 130  
Entry of a Scire fac. wherein judgement is given against the Pla. in execution of a fine. ib.  
Entry of a Scire fa: upon an indictment in debt, where the defendant before execution fradulently conveyed his lands with intent to defeat the plaintiff. ib.  
Entry of a Scire fac. for damages in an Assize of fresh force. 131  
Entry of a Scire fac. against the sheriff for taking insufficient pledges in Repleg.  
Entry of a Scire fac. and judgement herein superseaded for that the def. was in the King's custody. ib.  
Entry of a Scire fac. against 1. execut. to have execution upon a Sc. fac. against 2 executors, the sheriff returneth no goods in the hands of one and a Devastavit against the other. ib:  
Entry of a Scire fac. and of a general acquittance pleaded in Barr thereunto. ib.  
Entry of a Scire fac. against Coheires who make default, and execution awarded pro Portion: de hereditate conting. 140  
Entry of Scire fac. against tenants for exempting a fine and demurrer for the nonage of the heir. ib.  
Entry of a Scire fac, against a Termor. ib  
Entry of a Scire fac. brought by heir of the plaint in partition, who after judgement and before partition made died. ib.  
Entry of a Scire fac. to have execution & seisin de novo for that the sheriff in favour of the tenant had not duly made his executions, pleas and judgements for the plaintiff upon demurrer. 141  
Entry of a Scire fac. in a Quare impedit the defendant pleads in bar that Pendente Brevi de quare impedit the plaintiff was utlawed, and that he resigned, etc. 135  
Entry of a Scire fac. against principal bail, to prosecute an Audita Querela.  
Entry of a Scire fac. where lands are extended by the plaintiff where the sheriff returns that he extended the same lands upon an other writ of Elegit and delivered them, etc. and that he cannot deliver them to the plaintiff until the first debt be levied 149  
Entry of a Scire fac. against a conusee in a statute merchant brought by the Conusor to have back the possession of Lands extended, for that he is satisfied 152  
Entry of the like Scire facias upon promise that the Conusee is satisfied, Per fluxum temporis special plead, ibid.  
Entry of a Scire facias after a Devastavit returned, brought by the Administrators of the Plaintiff after judgement upon the Devastavit, to have Execution de bonis proprij. 150  
Entry of a Sci. fac against a sheriff for taking of insufficient pledges in Repleg. 151  
Entry of a Scire facias upon a Recognizance acknowledged before a Judge of the Common Bench in the Country 156  
Entry of an enrolment of a Recognizance with the Term and number roll expressed, and a Scire facias thereupon ibid.  
Entry of a Testat. Scire facias against Ter-Tenants upon the Sheriff's return, who say that there is another Tertenant in another County, Non praemonuit, and pray that they may not answer to the Writ of Scire facias usque alius praemoniatur, adjudged a good plea, and a Replication, etc. 146  
Entry of a Scire facias against Ter-Tenants of Lands, tempore judicii reddit, who came not, and a Writ of Elegit is awarded, etc. 161  
Entry of a Scire facias, Ter-tenants, two are returned, 1 makes default, Execution awarded against him of Lands whereof he is Tenant, and the other pleads 162  
Entry of divers Testat. Scire facias awarded into several Counties, against the Ter-Tenants ibid.  
Entry of a Scire facias by the Heir and Executor of the Demandant to have Judgement in an Assize of Niusance, Quod nocumentum amoveatur, and for Damages after the Record of the Assize is certified into the Upper Bench, plea and judgement by Nile. dic. ibid.  
Entry of a Sci. fac for the tenant in a writ of Dower to have execution of the lands to the value of the third part recovered in Dower, after Seisin had of the third part demanded. 165  
Entry of a Scire facias sued out by Administrators upon a judgement had by them as Administrators, etc. without showing the Letters of Administration ibid.  
Entry of a Sci. fac. against a Sheriff to render to the Plaintiff so many cattles, as were replevied by him by pledges, for that the pledges are insufficient 166  
Entry of a Writ of Scire facias in debt for the Demandant against a stranger, Judgement that the demandant have the third part, etc. 169  
Entry of a Writ of Scire facias upon a judgement in a Writ De anuo redditu, to have execution De arreragiis incursis after judgement, ibid.  
Entry of a Scire facias to take Bail, where one comes to the bar, and pleads matter in bar to an Outlawry 170  
Entry of a Scire facias awarded and returned after a Capias upon statute Merchant into the Bench, 171  
Entry of a Scire facias against Manucaptors 173  
Entry of a Scire fac. in Audita que: resa. 174  
Entry of a Scire fac. after a Scire fac against Ter-tenants with the return of the writ. 175  
In all cases wherein bail is required, if the defendant die before a non est inventus returned upon the Scire fac. the bail is discharged. ib.    
Seisin. Entry of a writ of Hab. fac. fesinam in dower and the return thereof 177  
Summons 

Entry of a writ of Summons in an attaint executed and awarding of resummons against the defendant 179  
Entry of the like writ with the awarding of a Distringas against the grand jury, the party and petty Jury. ib.  
Entry of a Summons in a Quare impedit with the essoine and attachment awarded for default. ib.  
Spec entry of a summons in a Quare impedit the Sheriff returns a tarde and another awarded 181  
Entry of an alias summons in a quare impedit in severance and an attachment awarded against the defendant ib.    
Surrender 

The surrender of a Philizer office. 181  
The like entry. ib.  
The like entry. ib.  
The like entry. ib.    
Supersedeas 

Entry of a Supersedeas to a Capias in Withernam quia inconsult. emanavit & averia elongat returned 182.  
Entry of a Supersedeas to an Exegent and pledges de novo. 184  
Entry of a Supersedeas in the upper Bench to discharge sureties of peace in the Common Bench ib.  
Entry of a Supersedeas after a fieri fac. ne vendi exponas. 185.     

Ventre inspiciendo Entry of a writ de ventre inspiciendo. 186  
Utlary. 

Entry of non omittas upon a Capias Utlegat. 187  
Entry of a reversal of an utlary against an intestate prosecuted by an administrator, for defect in the return of the Writ of Exigent, 188  
Entry of a reversal of an oulawry for defect in the Proclamations, 189  
Entry of a traverse of a Commorance in another County, and reversal of the oulawry Pur non commorance, etc. 191  
Entry of a confession by the Garnisee, ibid.  
Entry of a confession by the Attorney General, upon a Testimony, and reversal of the oulawry, ibid.  
Entry of a special Writ of Capias utlagat. and amerciament of the sheriff for bad attendance upon the Court ibid.  
Entry of a special Amerciament against the Coroners, for not certifying of an oulawry after a Certiorare to them made ibid.  
Entry of a reversal of an oulawry for insufficient return of the certiorare 193  
Entry of a reversal for variance between the record and the writ of Exigent 194  
Entry of a reversal for that the cap. whereupon the exigent issued was after a year and a day without a Sci. fac. to revive the judgement, ib.  
oulawry reversed for omission of the word quint. in the 50. exactus ib.  
reversal for that the day of the fift Exact was before the teste of the Exigent ibid.  
The like for that the 1 exact was held after the return of the Exigent. ibid.  
The like for omission of the word Scotiae out of the stile of the writ ibid.  
The like for default of the Coroners names, ib.  
oulawry and waiviar reversed for the same defect 197  
oulawry reversed for not returning the first Hustings to be held at the common pleas and the other at the pleas of Land ibid.  
Entry of a reversal for not returning the day on which the second County Court was held, ib. reversal for holding two County Courts within one month 198 reversal for returning Utlagat for Waviat ibid. reversal for omission of the word ante, ib. reversal for omission of the word anno ib.  
reversal for omission of the word terre ibid.  
reversal for variance between the Original Writ and the Exigent, 199  
reversal for that the Defendant was called the 1. and 2 time before the Teste of the Exigent, ib.  
Entry of a reversal, where the fift County was held before the teste of the writ of Allocat. ibid.  
reversal for omission of the word Mem. ibid.  
reversal for omission of the word Tent. & Secunda being written without a dash 200  
reversal for that the Capias was not returned. 200  
reversal for the word infram. for infra nominat. 201  
reversal for that the Supersedeas upon the Exigent was entered upon the Record before the defendant was 50 exact ibid.  
reversal for the word Civit for Civitat. 202  
reversal of an oulawry against the Intestate by the Administrator by a special entry, in the same term wherein the oulawry was reversed ibid.  
Another form of reversal of an oulawry against the Intestate by the Administrator 204  
reversal for that there is no such name of Baptism ibid.  
reversal for that in the Margin of the Roll, the County of Kent, and in the body of the Record the County of Sussex is written, 204  
reversal for vicious and defective Return in Law 205  
reversal for omitting of the second exact between 1. and 3. ibid.  
reversal for omitting of the return of the Plur. Cap. in the close of the Writ of Exigent ibid.  
Entry of a discharge of an imprisonment, because the Exigent is not entered upon Record ibid.    
View. 

ENtry of a Writ of view in Formidon in Discender, 207  
Entry of a writ of view in a Writ De consuetudinibus & Serviciis, ibid.  
Entry of an alias writ where the sheriff returned upon the first Writ, that the Demandants would not show him the Land ibid.    
Venire facias. 

Entry of a Venire facias against Tenant in Elegit, to account, etc. wherein are special plead, and Judgement by Nile. dicit 208  
Entry of a Writ of Venire facias directed Custod. Palatii Westm. to summon a Jury of Attorneyes to inquire of misdemeanours done in the Court of Common Bench 210     

Withernam. 

ENtry of pledges de novo, after Withernam, and awarding of a writ of second deliverance, and awarding of a writ Ad deliberand. averia 211  
Entry of a Testat. capias in Withernam where gage-deliverance is prayed of cattles taken in Withernam ibid.  
The like Entry after Capias in Withernam entered, and pledges found if return thereof should be adjudged by the Court 114     
FINIS.