Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

About this Item

Title
Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.
Author
Kitchin, John.
Publication
London :: Printed by T: Roycroft, for M: Walbanke at Grays-Inne Gate, and H: Twyford, in Vine Court in the Middle Temple,
1651.
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Subject terms
Courts baron and courts leet
Courts of special jurisdiction -- England
Pleading -- England
Writs -- England
Real property -- England
Link to this Item
http://name.umdl.umich.edu/A87798.0001.001
Cite this Item
"Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A87798.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.

Pages

Proces in the Court Hundred, Court Baron, &c. Pleg. de prosequendo J.D.R.F.

THe within named H. E. is attached by Sureties, N. F. R. D.

J.D. Knight, Sheriff.

The within named J. H. hath nothing in my Bailiwick, by which he may be at∣tached.

Note that every Pone is but a Summons.

By vertue of this VVrit to me directed, * 1.1 I have put be∣fore the Justices of the Queens Bench at Westminster, the Complaint which is in my County, by a VVrit of the said Queens, between T. W. and H. B. of the Beasts of the said T. W. taken, and uniustly detained, as it is said, as it ap∣pears in a certain Schedule to this VVrit annexed, &c.

Page 509

Som. T.P.I.D

At my County Court held at N. the twelfth day of N. in the yeare of the Reigne of the Queen, now, &c. * 1.2 twenty-third, T.W. complains against H. B. of a Plea of taking, and unjustly detaining of beasts, and there are Sureties to prosecute, and Return to be had, if Return there be adjudged, that is to say, J.M.W.F. In Witnesse whereof I.K.K.B.C.D.G. and R.S. four lawfull men of them which were present at the Record, were present in the full Court there, and have underneath set their Seals to the said Record, severally the day and year abovesaid.

By vertue of this Writ directed to me in my full Coun∣ty Court held at W. in the County of W. within such a day and year, I have made the Plaint to be recorded, * 1.3 which is in the same County, between the parties underwritten, whereof within is made mention, which truly complaint doth appear in a certain Scedule annexed to this Writ, and I have that Record before the Justices within written, at the day and place within contained under my Seal, and the Seals of W.H.T.R. &c. four of the honest and lawfull Knights of the said County, of those which were present at the Record, and to the parties within written, I pre∣fixed that day, that they which are in that complaint should prosecute, as is just, as within is to me commanded. * 1.4

At my County, W. held at W. in the County aforesaid, such a day and year before W.W.H.SS.T.V. and A.B. four suitors of the Court aforesaid, amongst other things, it is so contained. R.S. complains against J.M. of a Plea of ta∣king, and unjust detaining his beasts, against Sureties, * 1.5 and Pledges, &c. and they are Pledges to prosecute, as also to have Return, if Return thereof be adjudged. Pledges to prosecute J.D R.F. in witnes of which thing, &c.

By vertue of this Writ to me directed, * 1.6 I have made the Plaint to be recorded, which was in my County between the parties within written and I have prefixed a day to the said parties to be before the Justices, within written, at the day and place therein contained, as the said Writ in that requireth and challengeth, which truly complaint appears in a certain Scedule sowed to this Writ.

A. B. complains against C.D. of a Plea of taking, and unjustly detaining his beasts, Pledges. &c. as before.

By vertue of this Writ, I made the complaint to be re∣corded

Page 510

which is in my County, without the Queens Writ, between W.H. and A.D. of the beasts of the said W.H. taken and unjustly detained, as it is said, and I have that Re∣cord before the Justices within written, at the day and place therein contained, under my Seal, and the Seals of T.W. and four lawfull Knights of my County, of those which were present at the Record, as it appears in a cer∣tain Scedule, annexed to this Writ, according to the exi∣gent of this VVrit, &c.

At my County held, * 1.7 &c. as above.

By vertue of this VVrit, In Form within written, I came to the Court within written, and in that full Court, I made the Plaint within written, to be recorded, and the Record, as it appears in the Scedule annexed to this VVrit, I have it before the Justices within written, at the day and place within contained, and to the parties within written, I have prefixed that day, that then they are there to suffer, as what is just, in that Complaint, as in the mean time, I am com∣manded.

A. B. complains of G.D. of a plea of taking, * 1.8 and un∣just detaining the beasts of the said A.B. In witnesse whereof J.K.T.S.W.H. and R.I. four lawfull men of those which were present at that Record in full Court, there held at D. tenth day of J. the year of the Reigne of the Queen now twenty three, and to the same Record they have severally put their Seals, the day and year above written, &c.

No Court of within written J.D. whereof below men∣tion is made, * 1.9 was held after the Receit of this VVrit, and before the day of the Return of the same, by which Execution of this VVrit for present, by me could be made.

By vertue of the Queens VVrit, * 1.10 to this Scedule an∣nexed, taking with me B.C.D.E.F.G.H.I. four lawfull Knights of my said County, In my own person, I came to such a Hundred, or to such a Court, and in the full Court there, or in the full Hundred, the complaint be∣fore the Justices within writtten, at the day and place there∣in contained, under my Seal, and the Seals of four lawfull men of this Court, which were present at the Record, I have ready annexed to this Record, according to the Te∣nure of this VVrit, and have prefixed the same day to the

Page 511

parties in the same VVrit named, that then they be there in that complaint to proceed as it shall be just, according as the said VVrit it selfe challengeth, and requires, &c.

By vertue of the VVrit of our Lady the Queen to this Scedule annexed, (taken with me four discreet and law∣full Knights of the County of W.) I came to the Hundred, whereof in the said VVrit mention is made, held at B. such a day, and year, and in the full Hundred there, the Com∣plaint whereof in the said Writmention is made, I would Record, and J.S. Bailiste there, and then in full Court sit∣ting, the said VVrit being seen and heard, they immediately shut their books touching the said complaint, rose, and hastning from that Hundred with all those books, and all Suits of that Hundred, then, and there appearing, took them away with him, and abruptly departed, and the said Precept of our said Lady Queen, specified in the said VVrit then and there flatly denyed to execute, and the books aforesaid, a bruptly, then and there, from my sight, by force and Arms, with violence took and threw by, by which means I could not for present make executi∣on of the said VVrit.

Pledges to prosecute I.D.R.R.

The residue truly of the executing of this VVrit ap∣pears in a certain Scedule to this writ annexed. * 1.11

Summons I.D.R.F.

By vertue of this writ to this Scedule annexed, * 1.12 such a day and year, &c. taking with me R.T.I.B.R.C. and W.B. four discreet and lawfull Knights of my Bayliwick, I came to the Court of E. Duke of Buckingham, of K. in the aforesaid writ nominated, and in the full Court there, I requested the Bailiff, and Suitors of the said Court, to re∣cord the complaint, which was in the said Court, by a small writ of our Lady the Queens, of Right between R.T. the Plaintiffe, and T.B. the Tenant of a Messuage, &c. * 1.13

The Hundred of E.B. Esquire, held there by W.B. his Steward there, before J.T. and R.C. &c. Suitors of the Court of the hundred aforesaid, the tenth day of M. the year, &c. amongst others, it is so contained. * 1.14

J.S. Gent. complains against R.G in a Plea of uniust taking, and detaining his beasts or Chattells.

Pledges to prosecute, and to have Return of the beasts, if &c. A.B.C.D.

Page 512

The names of foure lawfull men of the hundred, of those which were present at the Record, A.B. C.D. E.F. G.H.

By vertue of this Writ to me directed in the form with∣in written, * 1.15 I came to the Court within written, and in full Court there, I made to be recorded the complaint within written, and the same Record, (as it appeares in the scedule to this annexed) I have before the Justices within written at the day and place within contained, un∣der my Seale and the Seales of I.B. &c. twenty foure good and lawfull men of my Bayliwick, of those which were present at the Record, and parties &c. as be∣fore.

By vertue of this Writ to me directed, * 1.16 in my proper person, (taken with me J.S. &c. Good and lawfull Knights of my County) I came to the Court of J. D. Esq to re∣cord the complaint within written, at the day and place within contained, as within I am commanded, upon which the Suitors of the Court aforesaid, at the Town of C. in full Court to me the Sherif within written, to execute the said Writ there, or to meddle at all with the said com∣plaint, they altogether denyed, by reason whereof I could not make execution of the said Writ.

By vertue of this Writ, * 1.17 (taking with me P.M. &c. foure lawfull Knights of my County) in my proper person, I came to the Court E. held at N. such a day and yeare, and in parts of the said Court of A.B, &c. Suitors of the same Court, and R.H. Steward there, I desired the Record of the complaint which is in the said Court, by a small VVrit of the Queens of Right, between I.P. plaintif and N.S. Te∣nant, to be made and delivered unto me, which truly, Ste∣ward, and Suitors there would not deliver unto me, By rea∣son whereof I could make no execution of the said VVrit.

  • Process in common Bench.
  • Pledges to prosecute J.S.R.M. * 1.18
  • Summonitors within written J.S. P.M. R.S.
  • J.D. Knight Sheriff.
  • Pledges to prosecute J.D. R.R.

The within named A.B. hath nothing in my Bailiwick by which he may be summoned.

By vertue of this Writ to me directed, * 1.19 I do certifie the Justices within written, that T. H. within named is a Clark

Page 513

beneficed in the Bishoprick of London, having no lay fee in my Bayliwick by which he may be summoned.

Note that the Defendant alwaies ought to be summo∣ned fifteen daies before the day of the return of the VVrit.

Pledges to prosecute J.R.R.D.

J.E. * 1.20 within named hath nothing in my Bayliwick by which he may be attached.

Pledges within named, J.D. J.W. R.R.

J.D. within named is attached by one price ten pence, or by a Cow price ten shillings.

J.F. which was the wife of D.C. * 1.21 within named hath not found me suerties to prosecute: Therefore to the execu∣ting of this Writ, nothing is by me done.

The within named A.B. is attached by a hundred sheep, price 20. l.

The within named C.D. and E.F. have nothing in my Bailiwick by which they may be attached.

The within named J.S. * 1.22 is not to be found in my Baili∣wick.

The within named J.S. and J.H. nor either of them, is to be found in my Bayliwick.

I.S. * 1.23 and the rest of the Defendants within named are not to be found in my Bayliwick.

In this Writ may be returned diverse returns, and in di∣verse manners, that is, if the Sherif wil not serve the writ, or if he will not execute the Writ, then so.

A.S. within written is not to be found in my Bailiwick, * 1.24 after the Receit of this writ, or after the comming of this Writ, but if he be present, then so.

By vertue of this Writ, I have taken J.W. within writ∣ten, whose body before the Justices within written, at the day and place within contained, I have ready, as the writ commands and requires, &c.

The within written J.W. is taken by his body, * 1.25 whose Body at the day, &c. I have ready, as within I am com∣manded, according to the Exigent of this writ.

By vertue of this writ to me directed, * 1.26 I have taken the Body of the within named J.S. whose, truly Body, before the Justices within, at the day and place therein contained, I have ready, as within I am commanded, or as this writ in it doth command and require.

Page 514

The within written J.S. * 1.27 is taken by his Body, whose body at the day and place therin contained I have ready; as, &c.

R.S. within named is not to be found in my Bayliwick, and that to take R.S. within named I commanded I.F Bailif of the Liberty of S. that hath the full return of al Writs and Executions thereof, to whom the Executing of this Writ altogether belongeth to be done, in which liber∣ty no execution of this Writ, there by me can be made, which truly Bailif so answereth me, That he hath taken the Body of the aforesaid R.S. Whose Body aforesaid be∣fore the Justices of our Lady the Queen within written, at the day and place therein contained, he shall have ready, or so, which truly Bailiff hath given me no an∣swer.

J.D. * 1.28 within named was in the Liberty of J.E. Esquire, and continually dwelt there: Therefore I cannot take him.

Before the comming of this Writ to me directed J.S. * 1.29 within named entred the Sanctuary of Saint Peters in Westminster, in the County of Middlesex, and in the same County yet continues, by which the Body of the aforesaid J. S. before the Justices within written, at the day and place within specified, I cannot have, as, &c.

By vertue, * 1.30 &c. I have taken the Body of A.B. within named, and him to the Gaole of our Lady Queen at her Castle of D. have committed, there to be safely kept, &c. Who after, by reason of another Writ of our said Lady Queen to me directed, and to this Writ annexed, I made to be delivered from that Prison.

Afterward, * 1.31 that is to say, such a day and yeare by reason of a certain other Writ of our said Lady the Queenes, to me directed, which transcript I send you annexed to this Writ: And therefore the Body of the aforesaid A.B. before the Justices within written at the day and place therein contained, I cannot have, as within I am commanded.

By vertue, * 1.32 &c. I have taken the Body of J.C. within named, whose Body before our Lady Queen, wheresoever shee shall be in England, at the day and place therein con∣tained, I have ready, as within I am commanded.

And if the Defendant which is so taken, be sick in Prison, or if the Sheriff will be at no cost, to remove him to West∣minster before the Justice, saccording to the contents of the Writ, then so.

Page 515

By vertue of this Writ A.B. * 1.33 within written is taken by his body, and in such a prison or Goale so sick and weak, that his body at the day and place within named, I can∣not have, wiihout danger of death.

By vertue of this Writ to me directed, * 1.34 I have taken the body of within named J.S. which truly J. is in Prison of our Lady the Queens at F. so sick, that without dan∣ger of death, I cannot have him before the Justices with∣in written, at the day and place therein contained, as I am commanded.

Which truly J. is so vexed with divers infirmities, * 1.35 that him without great perill of Death, and for the weaknesse of his Body, before the Justices within written, at the Day and Place therein contained, I cannot have, as within, &c.

R.D. within named was taken by J. C. Constable of the Town of D. at T. in the County of D. * 1.36 for suspition of Fe∣lony, and for that cause in the Gaol aforesaid, under my Custody was detained, and in the same Gaol is so sick, that by no means he can labor, or can be carried, or so.

Whose Body I have ready before you at the Day and Place within contained, * 1.37 to do what that Writ in it com∣mandeth and requireth.

By vertue of this Writ I certifie you, that after this Writ was delivered to me to take R.T. and other Defen∣dants in this VVrit specified, the same K. and others with∣in named, brought to me a Writ of our Lady the Queens, of Supersedeas, which is fastened to this Writ, by vertue of which Supersedeas, not at all, &c.

By verrue of this Writ to me directed, * 1.38 I have taken the Body of the within named B.D. which afterward brought to me a Writ of our Lady the Queens, of Supersedeas, to me directed, and fastened to this Writ, therefore his Body before the Justices, within written, at the Day and Place aforesaid, I could not have, as within I am commanded.

And if upon this Writ there be sent another Writ which is called a Habeas Corpus, then thus.

To have his Body, and the Body with the Cause.

By vertue of this Writ I certifie you, that before the coming of this Writ, * 1.39 by vertue of a certain other Writ to me first directed A. B. within written in the Prison of the Castle of our Lady the Queen of E. is imprisoned, and there so sick and weak doth lie, and in the same Prison yet

Page 516

sick and weak lieth, so that him for fear of Death I cannot remove, therefore the Body of the said A. B. at the Day within named I cannot have, &c.

And in these Writs there are divers manners of Re∣turns, and divers of them are so.

By vertue of this Writ I certifie you, that before the comming of this Writ, W. B. within named was taken in another place, and committed to the Queens Prison of W. By vertue of which other Writ to me first directed, the Transcipt whereof is sent to you, fastened to this VVrit, notwithstanding the Body of the said W. I have ready to come before you, at the day and place within named, as within it is commanded me, &c.

VVe Sheriffs aforesaid signifie unto you, * 1.40 that before the coming of this VVrit of our Lady the Queens to us di∣rected, and fastened to this VVrit, J. F. of T. in the said VVrit nominated, was taken in such a place, and commit∣ted to our Lady the Queens Prison of W. for twenty pounds of Damages T. C. of N. in a Plea of Trespasse in the Queens Court, in the said City of E. before us, the said Sheriffs held, and adiudged, and likewise the said J. is de∣tained in Prison aforesaid, at the the Suit of W.S. in a Plea of Trespasse before us the said Sheriffs in the Court afore∣said, had and prosecuted, yet his Body, &c. as in the next Return before, &c.

By vertue of this VVrit I signifie to you, that before the coming of this VVrit of our Lady the Queens, * 1.41 R.A. in the said VVrit named was taken in L. and committed to the Prison of our Lady the Queens of W. for suspition of a common Theif, and further the said R. was detained in the said Prison, for that, that he for divers Felonies by him done and committed at D. in the Hundred of A. is indicted as I am informed, and another time taken armed at I. in such a County, was carried to the Prison of our La∣dy the Queen: and the said A. the same Prison of our Lady the Queen felloniously broke, and from thence esca∣ped, as it is said, notwithstanding the Body of the said R. as above, &c.

By vertue, * 1.42 &c. I certifie you, that before the coming of this VVrit, A. W. within named, by the Ecclesiastical Cen∣sure in the Church of N. such a day and year, &c. for his Contempt, and such like is excommunicated; and the

Page 517

said A. by the Ordinaries of the Church of Saint Martins, Justices in the Premises, as yet stands in the same Church excommunicated, and this is the cause of the taking and imprisoning the aforesaid A. notwithstanding the Body of the said A. W. before our Lady the Queen, at the day and place within contained, wheresoever she is, I have him rea∣dy, as, &c.

Before the coming of this VVrit, C.D. * 1.43 within written was in such a place and Prison of our Lady the Queen of R. committed for suspition of counterfeiting Money of the Queens, and for that cause and no other is detained in the said Prison, notwithstanding the said C. D. before you at the day and place within contained, I have ready, as with∣in is commanded.

B. W. was taken at D. in the County of E. by H.S. * 1.44 Ste∣ward of T. F. and before the said Steward at a Hundred held, &c. was indicted for the death of J. T. by the afore∣said B. slain, and by the aforesaid Steward was sent the Queens Prisoner to R. which truly Indictment remains, with the aforesaid Steward, notwithanding the Body of the said B. before our Lady the Queen in her Chancery, at the day in that contained, wheresoever he be, &c. I have ready, as that VVrit in that commands and requires, &c.

Here follow divers Causes, upon Returnes of this VVrit of Corpus cum causa, to be brought in, &c.

If it were necessary, the cause of keeping and detaining A. of B. within written here follows.

A. of B. is taken for suspition of Theivery, * 1.45 and because he cannot finde sufficient Sureties, to expect the Law of our Lady the Queen, he was committed to our Lady the Queens Prison of R. and for the cause aforesaid detained, notwithstanding the Body of the said A. before, &c.

W. D. within written was taken before the coming of this Writ in such a place, * 1.46 and in a Prison of our Lady the Queens, there under my Custody was detained, by reason of which Complaint in the Queens Court, there before me the said Sheriff, upon him by the name of W. &c. at the Suit of such a one in a plea of Account affirmed, whereof in the same Court before me the said Sheriff, the parties aforesaid pleaded, and put themselves upon the Jury of the Country in the same Court, and afterwards the said W. of D. by sufficient Sureties to answer the aforesaid, such

Page 518

a one of his Plea aforesaid, he was set at Liberty from the Prison aforesaid; and because the said W. after the said Bailment, came not to Judgement in Custody, his Body at the day and place aforesaid I cannot have.

The within named J. C. * 1.47 was called at W. before such a Justice, by W. his Probator, such a day and year, for divers Treasons by him committed, and for that cause was taken at C. and committed to the Prison of our Lady the Queen of N. notwithstanding his Body, &c. at the day and place within contained, I have ready, as is within commanded me, &c.

A. * 1.48 the Daughter of A. of B. by the name of A. of B. before the coming of this VVrit, was outlawed of Felony before P.S. R.T. and their Fellows, Justices of the Queens, of the Peace in such a Liberty, or in the County to be kept, and after by the command of the said Justices to me late directed, the same A. was taken at D. and for the cause aforesaid, was committed to the Queens Prison of W. notwithstanding, &c.

By vertue of this VVrit, * 1.49 I certifie you that A.W. within written was taken by vertue of a certain other VVrit of our Lady the Queens, called a Supplicavit, at the Suit of D. P. long before the coming of this VVrit, and commit∣ted to the Prison of our Lady the queen, of B. because he could not finde sufficient Sureties to keep the Peace toward the said D. and for this cause, and no other, is kept in the said Prison, notwithstanding, &c.

Otherwise it may be said, * 1.50 that he was condemned in such a Court, of his own Confession, or by his taxing thereof, by the counsel of the Court:

Before the coming of this Writ by vertue of a certain other Writ called a Capias utlagatum, * 1.51 to me directed, whose Transcript I send you annexed, I took C. D. within named, and committed him to our Lady the Queens Pri∣son of C. and there in the same Prison he is kept for the cause aforesaid, notwithstanding his Body, &c.

Before the coming of this Writ, * 1.52 A. H. S. Auditors of the Accounts of W. of B. to me by Indenture delivered, to keep the Body of R. S. within written, safely and se∣curely, till he should satisfie W. B. of two hundred pounds behinde, upon the end of the Account of R.S. found before the said Auditors, &c. and this is the cause of the taking

Page 519

and detaining the said R. S. notwithstanding the Bo∣dy, &c.

Many wayes one may be said to be taken and detained for ten pounds against him recovered in such a Court, * 1.53 or is taken by the command of our Lady the Queen, or upon a Recognizance acknowledged in the Chancery, and Appeal for the Death of a man, or of Robbery, &c.

The within named R. V. was taken at D. * 1.54 tenth Day of May, the year within written by T.B. the Bailiff of our Lady the Queen and mine, by vertue of a certain War∣rant by the pretext of this VVrit by me made, and to him directed; and upon this the aforesaid R.V. with others un∣known, by force and armes, that is, staves, &c. made an Assault upon the said Bailiff, and took him out of the Cu∣stody of the said Bailiff, and never after the said R. V. in my Bailiwick I could finde.

The execution of this VVrit doth appear in a certain Schedule to this VVrit annexed. * 1.55

By vertue of our Lady the Queens VVrit to me di∣rected, and to this Schedule annexed, I have made a cer∣tain VVarrant of mine to one J.M. my travelling Bailiff, to take and arrest E.G. in the said VVrit nominated, accord∣ing to the exigent of the said VVrit, which said Bailiff of mine, by vertue of my VVarrant aforesaid, the 9. day of J. the year of the Reign of our Lady Elizabeth Queen, with∣in written, the twentieth at D. in the County aforesaid, took and arrested the Body of the said E.G. and then and there the said E. G. was in his Custody, upon which F. G. of D. aforesaid, in the County aforesaid, Gentleman, and T. M. of the said Town and County, Gentleman, then and there by force and armes, &c. made an Assault upon my aforesaid Bailiff, and my said Bailiff, then and there, against the Law and Custome of the Realm of the said Lady Queen of England, and against the will of the said Bailiff of mine, imprisoned him, and the same Bailiff of mine in Prison there, by the space of an hour then de∣tained, and twenty pence in told Money, of the Goods, Chattels and Moneys of my said Bailiffs, then and there the aforesaid T. M. took, and the aforesaid E. by force and armes aforesaid, then and there out of the Custody of my said Bailiff, took and rescued, and also the same E. her self, then and there out of the Custody of my said Bailiff

Page 520

rescued, against the will of my said Bailiff, and against the Peace of our Lady the Queen now, &c. and after the said E. is not found in my Bailiwick.

By vertue of this Writ to me directed, * 1.56 I have made a certain Warrant to one R. P. my Bailiff, this torn riding, to take and arrest the within named T. L. according to the exigent of this Writ, which truly R. P. by vertue of the Warrant aforesaid, after, that is to say, second Day of May, the year of the Reign of our Lady the Queen within written, twentieth at B. in the County aforesaid, took the Body of the within named T. L. of B. aforesaid, in the aforesaid County of F. which truly T. the Day, Year, and Place aforesaid, by force and armes made an Assault upon R. P. my aforesaid Bailiff, and bear him, wounded him, and abused him, so that they dispared of his life, the same T. then and there out of the Custody of my a∣foresaid Bailiff, and against his will departed, escaped, and rescued himself, against the Peace of our Lady the Queen now, &c. and after the said T. L. is not found in my Bailiwick.

By vertue of this Writ. * 1.57 I have made my certain War∣rant, to W. A. the Bailiff of the Hundred of H. which an∣swereth me so, that where he by vertue of the Warrant a∣foresaid, tenth Day of S. the year of the Reign of our La∣dy the Queen within written, the twentieth at C. took one J. S. and her to the Castle of our Lady the Queen, of W. would have lead, there to be safely kept, thither came cer∣tain J. T. R. S. with many others unknown, with force and armes, arrayed in warlike manner, and out of the Custody of my said Bailiff at the said W. the aforesaid J. took and carried away, and so for fear of his Death, suf∣fered the said J. S. to escape, and for that cause the Body of J. S. aforesaid, before our Lady the Queen, at the Day and Place within contained, wheresoever, &c. I cannot have him, as within is commanded me, and further I cer∣tifie you, that after the said tenth Day, &c. J. S. was not found in my Bailiwick.

By vertue of this Writ, * 1.58 I have commanded J. S. my Bailiff of the Liberty of D, in the County aforesaid, which hath full Return of all Writs, Precepts, and War∣rants to him there directed, which truly J. S. such a Day and Year at P. in the County aforesaid T. S. in the Writ

Page 521

to this Schedule annexed, nominated, and by vertue of a Warrant to him directed, took and arrested, and the same T. S. in his Custody, by the occasion aforesaid, then and there had and held, and so being held, &c. one J. G. late of S. in the County aforesaid, Laborer (gathering many other Malefactors unknown, and Disturbers of the Peace of our Lady the Queen) to the number of twenty persons, arrayed in a warlike manner, by force and armes, that is to say, Swords, Daggers, Skeines, and Staves, upon the same Bailiff of mine, then and there riotously made an As∣sault, and beat him, wounded him, and abused him, so that he dispaired of his life, and the aforesaid J. C. and others, &c. and the said T. S. out of the Custody of my said Bailiff, then and there took and rescued, and where he would, at large, suffered him to go, and the said T. S. himself out of the Custody of my said Bailiff, then and there took and rescued, and where he would at large suf∣fered him to go, and the said T. S. himself out of the Custody of the said Bailiff, then and there likewise rescu∣ed, against the Peace of our Lady the Queen, &c. and after the said T. is not to be found in my Bailiwick.

I J. H. Knight, Sherif, * 1.59 by vertue of this VVrit have made a certain VVarrant to J. B. and P. D. my Bailifs, for travelling this Torn, to arrest and take R. F. to make sa∣tisfaction to the within named W. P. of Debt and Damages within specified, as within I am commanded, by vertue of which VVarrant, the said J. B. and P. D. Bailiffs, such a Day and Year at H. in the County aforesaid, arrested the foresaid R. F. as by that VVarrant they were commanded; and the said R. F. and one G. F. of G. in the County a∣foresaid, with others unknown, by force and armes, that is, with Swords, Staves, &c. upon the said J. B. and P. D. the same Day and Year at H. in the County aforesaid, made an Assault, and them abused, and then and there made a Rescous, by reason of which Rescous, the same R. F. from that Custody then and there contrary to the Ar∣rest aforesaid, himself rescued, departed, and escaped; therefore the said R. F. at the Day and Place within con∣tained I could not have; and further I certifie you, that after that Day the aforesaid R. F. was not found in my Bailiwick.

By vertue of this VVrit, * 1.60 I made and directed a cer∣tain

Page 522

warrant of mine to one T.C. my Bailiffe, to attach the within named J.C. by force whereof the said T.C. the ninth day of J. the year of the Reigne of our Lady the Queen within written, the twentieth at B. in the Coun∣ty within written, took and arrested the aforesaid J.C. being willing to bring him before me, and so intending, to make and receive, as in the VVrit I was comman∣ded, and afterward, that is to say, the said ninth Day of J. the twentieth year aforesaid.

The aforesaid J. C. late of B. aforesaid, in the Coun∣ty of H. at B. aforesaid, in the County aforesaid, upon T.C. my Bailiffe made an Assault, and from the same Bai∣liffe, then, and there, flew, escaped, and rescued him∣self, and after the same J. in my Bailiwick, I could not find.

By vertue of this Writ, * 1.61 I certifie the Justices within written, that I have made Return to the within named J.S. all those beasts of the within named W.S. which to the said J.S. were adjudged, for default of the said W. to be safe, and carefully kept, so that they to the aforesaid W. at the complaint of the said W. by no means should be delivered, without a Writ of our Lady the Queens, which of the said Judgement maketh expresse mention, accord∣ding to the form of this Writ.

Pledges to prosecute, and to have a Return thereof, if Return thereof be adjudged, E.D.R.F.

By wertue, &c. I have made a Replevin to R. of the beasts within named, * 1.62 as in that Writ I am commanded, and further I certifie the within named, our Lady Queen, that no other Writ of replevying the within written beasts, ever besides this VVrit was delivered to me, &c.

Before the coming of this VVrit, the beasts, and chat∣tells, * 1.63 of the within written K. which W.C. took and un∣iustly detained, as it is said, were driven farre oft, by the said W.C. therefore I cannot replevie the aforesaid K. his beasts, and Chattells, &c.

No VVrit of replevin of the beasts within written be∣sides this, was ever delivered to my hands, and further I certifie our Lady the Queen, that before the coming of this VVrit, the aforesaid beasts were driven farre off, and conveyed to places unknown to me by the said J.T. that I can by no means replevie them for the said W. as within I am commanded.

Page 523

Before the coming of the beasts within written were dri∣ven far off, * 1.64 by the within named T.C. to places to me un∣known, so that sight of them, to make return to the with∣in named A.H. and T.C. I could not have, as within I am commanded.

By vertue, &c. (such a Day, * 1.65 and year) I have made Replevie to R.B. within named, his beasts within men∣tioned, which the within named T.M. and R.S. took and un∣iustly detained, according to the form of this VVrit, as within I am commanded.

And the within named T. and R. are attached, by a hundred sheep, price, 6 pounds, by T. F. Bailifte, by the Plea of J.T. R.M. and the within named R. B. is attached by my said Bailiffe, by three Kine, price, three pounds, by the Plea of the aforesaid J. T. and R.M. and no other command of our Lady Queen, besides this VVrit of the beasts afore∣said, to be replevied, before the coming of this writ, was ever delivered to me.

By vertue &c. I certifie our Lady the Queen, * 1.66 in her Chancery, that the beasts and Chattels by the within na∣med A.B. first taken, are driven far out of the County within written, to places unknown to me, by the within named T.R. by which means the beasts and Chattells a∣foresaid, cannot be returned by me, as within, further I am commanded.

Before the coming of this writ, * 1.67 the beasts within writ∣ten were driven far off, by the within named J.M. to pla∣ces unknown to me, so that the Beasts within written of J.M. I cannot return, according to the Form of this writ.

Pledges to prosecute, and having Return, &c. J. D. R.R.

By vertue, &c. I W. A. * 1.68 one of the Bailiffes within na∣med, requested of J.T. and R.N. within written, the de∣livery of the beasts of T.B. within written, that is to say, of three Oxen, price each Ox twenty Shillings, and of two Horses, price each Horse twenty Shillings, and they refused thereof to make Delivery, and the aforesaid beasts are driven far off, to places to me unknown, by which there∣of, I can make no Delivery, as within I am commanded, and the aforesaid J.T. is attached by one of Silver, to the value of twenty Shillings.

Page 524

By vertue of this, * 1.69 &c. I certifie our Lady the Queen within named that no other VVrit or command of our said Lady the Queens, of Replevin, the within written J.C. whom W.S. within named took, and taken keeps, as within is specified, till that VVrit of Pluris Repleg. the aforesaid J. came to my hand, neither was it delivered to me, ne∣vertheless, I do further certifie the Justices of our said Lady the Queen, that forthwith after the receit of the said VVrit, I came to the aforesaid W.S. to make replevin of the aforesaid J. which the said W. would not shew me, but the aforesaid J. before the coming of this VVrit, had convey∣ed to places unknown to me: And after the receit of the said VVrit, the said I. was not to be found in my Bailiwick, so that I could make no Replevin of the said I. by any meanes according to the command of this VVrit, as with∣in I am commanded.

No other Writ besides that of Repleving the within na∣med D.G. to my hands as yet came. * 1.70 And further I certifie the Justices within written, that the aforesaid D. is convei∣ed away to places to me unknown, by the within named, J.T.E.B. and T.R. By which means I cannot replevy the said D. as within I am commanded.

By vertue, * 1.71 &c. I certifie our Lady the Queen, that after the receit of this Writ, I diligently inquired, through∣out all my Baliwick, and I can by no meanes understand that any of the beasts of the within named W.P. were ta∣ken, and unjustly detained, by the within named J.N. as in the VVrit is supposed: So that the execution of this Writ according to the Tenor and Effect of the same could not be done by me, as within I am commanded; and further I certifie our Lady the Queen that no other Writ of Pluries Replegeare, besides this VVrit, was ever delivered to me.

Condition, * 1.72 &c. That if the above bounden A.B. and C.D. shall redeliver to the above named Sheriff, all those goods and chattells, and every parcell thereof by H. P. taken, and by reason of a certain Replevin, by the a∣foresaid Sheriffe, made to the aforesaid A.B. and C.D. Re∣pleg. if Return thereof should be adjudged, and the said Sheriffe and his Executors, saved harmlesse, that then, &c.

Page 525

The within written J.H. * 1.73 hath no beasts in my Baili∣wick, that I can take in Withernam, according to the exi∣gent of this Writ.

By vertue, &c. I have taken two brasen Pots, * 1.74 &c. of the Goods and Chattells of T. H. in the writ nominated, in Withernam, and I have caused them to be delivered to W.F. to hold to the said VV.F. till the said I.H. the Chat∣tells of the aforesaid W.F. he do deliver, as this VVrit, &c.

By vertue, * 1.75 &c. I have taken in Withernam at D. in the County within written, two cowes, &c. of the Beasts of the aforesaid I.D. and two cowes of R.T. within named, which truly Beasts aforesaid, fled from hence, and I caused them to be put in a certain place at S. in the foresaid County, safe and securely there to be kept, according to the Exigent of this VVrit

VVhere the beasts aforesaid lie, * 1.76 and the aforesaid I.H. and R.T. have no more or any other beasts at this time in my Bailiwick, that by any meanes I can take in VVithernam as within I am commanded.

By vertue of this writ I have taken two cowes, and two Steeres of the beasts of the within named R.D. and two cowes and two Steeres of the beasts of T.L. which I caused to be delivered to I.C. within named to be safe and secuer∣ly kept, untill the other Beasts of the within named I.C. First taken and conveyed to places unknown to me, I can deliver, as within I am commanded.

By vertue of this Writ to me directed, * 1.77 at my County Court kept at W. in the County of W. the within written Tuesday, that is to say, the twentieth day of Ianuary, the year of the Reigne of our Lady the Queen within written, the twentieth, I.C. and other Defendants within named, First were called, and did not appeare, and at my County Court, &c. as before the second time called and did not appeare, and at my County Court held and so forth. The third time called, and did not appeare; and at my Coun∣ty Court held, &c. The fourth time called, and did not appeare, and at my County Court held, &c. The fifth time called and did not appear: Therefore the aforesaid, I.C. and the rest of the Defendants within named, by the judgment of the Coroners of the said Lady the Queen, of

Page 526

the County aforesaid, according to the Law and custome of the Realme of England, are out-Lawed, and every one of them is out-Lawed.

By vertue of this Writ to me directed, * 1.78 at my County Court held at W. in the County of W within written, on Teusday, that is to say, the tenth day of Ianuary, the year of the Reigne of our Lady the Queen within written, the 20. R.L. within named, first was called, and appeared not, that VVrit so above indorced, was delivered to me by I. E. Esq late Sheriff of the County within written, my next Predecessor in his going out of his Office, as afore in the back of this VVrit. And at my county Court, &c. as before.

That VVrit so above indorsed, * 1.79 together with the Writ of our said Lady Queen, of Smpersedeas, to that annexed, was delivered to me by M. D. Knight, late Sheriff of the County aforesaid, my next Predecessor.

By vertue, * 1.80 &c. at my County Court held there the third Day of November, the said twentieth Year of our La∣dy Queen Elizabeth within written, the aforesaid T. C. was the fifth time called, and did not appear, and for want of W. B. and R. C. Coroners of the foresaid County, I could not further prosecute.

By vertue, &c. and at my County Court, &c. and be∣cause there were not more County Courts held in the County aforesaid, from the Day of the Receit of this VVrit aforesaid, till the Day of the Return of the same, by which nothing is done for present, or so; and therefore in the executing of this VVrit, what is further to be done, nothing is done.

There are joyned to them four County Courts, * 1.81 at which J. B. within named was called, and appeared not; and further, by vertue of this VVrit, at my County Court, held at W. in the County of W. within written, the eight Day of September, the Year, &c. the within written twentieth, the said J. B. was the fifth time called, and appeared not, therefore by the Judgement of the Co∣roners, &c. and if it be a VVoman it shall be so.

Therefore according to the Law and Custome afore∣said, * 1.82 A. R. Waiviata est.

By vertue, &c. and at my County Court aforesaid, held there the Tuesday, that is to say, the twentieth Day of A.

Page 527

the said Year the twentieth of our Lady the Queen within written, the aforesaid A. R. the fourth time was called and appeared, and brought to me a VVrit of our Lady the Queen, of Supersedeas, which is fastened to this VVrit, by which, to the executing of this VVrit you shall altoge∣ther seise, or so.

As in the foresaid VVrit of our Lady the Queens, of Supersedeas, I am commanded.

By vertue, &c. and at my County Court, * 1.83 &c. the a∣foresaid J.W. and A. 4. are called, and the aforesaid J. appeared, and delivered himself to our Lady the queens Prison of E. whose Body before the Justices within writ∣ten, at the Day and Place therein contained, I have ready, as that VVrit in that commands and requires, and the foresaid W. and A. appeared not.

And further at my County Court held, * 1.84 &c. the foresaid W. and A. were called the fifth time, and the said W. brought to me a VVrit of our Lady the queen of Superse∣deas, which is fastened to this VVrit, by which of execu∣ting this VVrit further, doing any thing for the foresaid W. I have altogether desisted, and the aforesaid A. appear∣ed not, therefore according to the Law and Custome of the Kingdome of England, he is outlawed.

By vertue, * 1.85 &c. and at my County Court held at W. in the County aforesaid, twelfth Day of April, &c. J. H. R.S. I.C and all other Defendants following in this VVrit nominated, besides J. H. which brought me a VVrit of our Lady the queens, of Supersedeas, therefore to him, to make further prosecution I altogether desist, as in the said VVrit of Supersedeas I am commanded.

And besides R.S. which yeilded himself to the Prison of our Lady the queen of F. within the County of W. whose Body before the Justices, * 1.86 &c. and so besides J.C. which is dead, did not appear, therefore by the Judgement, * 1.87 &c. and the foresaid I. C. is waived in presence of F. W. and I. C. Coroners of the said queen, * 1.88 in the County afore∣said.

As to the Exigent, taking, out-Lawing, * 1.89 or in any way molesting the within named P.T. by vertue of this VVrit to the Justices of our Lady the Queen within written, at the day and place therein contained: I certifie, that by ver∣tue of another VVrit of our said Lady the Queen, to me

Page 528

directed and to this annexed, I supersede altogether, as by that VVrit I am commanded.

By vertue, &c. I. B. and the other Defendants within named were the second time called, * 1.90 and the aforesaid I.B. appeared, and yeelded himselfe to the Prison of the sayd Lady Queene of F. within the County of W. aforesayd, and in the same Prison remaineth sick, troubled with many Infirmites, so that for the weaknesse of his Body, and Danger of Death, he cannot travell, or be carried, by which the Body of the said J. B. before the Justices within written, for the present, I cannot have, according to the form of this VVrit, and the within named J. P. and R. R. being the fifth time called did not appear, and because at none of the County. Courts they appeared, the foresaid I. P. and J. R. according to the Law and Custome of the Kingdome of England are outlawed, and either of them is outlawed, as this VVrit in it self challengeth and re∣quireth.

At the County Court, &c. first, second, third, fourth, he was called, and appeared, and yeilded himself to the Prison of our Lady the queen of C. where he is so sick, that for Danger of Death, him before the Justices within writ∣ten, at the Day and Place therein contained, I cannot have.

By vertue of this VVrit to me directed at my County Court of W. held at W. in the the County of W. within written, the Tuesday the twentieth day of M. the yeare of the Reigne of our Lady the queen within written, the one and twentieth, I made to be proclaimed, and at my County Court of W. held at W. aforesaid, in the said Coun∣ty of W. the twentieth day of M. aforesaid, the twen∣tieth year of our Lady the Queen, within written, the second time I made it be proclaimed, and also at the Gene∣rall Sessions of the Peace held at W. in the said Coun∣ty of W. in the parts of M. within written, upon Thursday, that is, the twelfth of September aforesaid, the twentieth year of our Lady the Queen, within written, publickly I made to be proclaimed, that J. C. and all the rest of the Defendants within named, should yeild themselves to the within named Sheriffes in L. so that the same Sheriffes may have their bodies before the Iustices within written, at the day and place within contained, as this Writ in it self, commandeth and requireth.

Page 529

W.H. Defendant within named was not found in my Bailiwick, after the receit of this writ, and for that, * 1.91 that the said W. in my said Bailiwick could not be found, at my County Court held, &c. I made to be proclaimed that the said W. be before our Lady the Queen at the Tearm within wrirten, wheresoever then it shall be, to answer to the said Lady Queen, and further to do, as this writ commandeth and requireth, &c. & also at my County Court held, &c. I caused to be proclaimed that the said W. be before our Lady the Queen at the Tearm aforesaid, wheresoever, &c. to answer to the said Lady the Queen, in form aforesaid, as within I am commanded. * 1.92

The within nominated J.B. hath nothing in my baili∣wick by which he may be attached.

By vertue of this writ to me directed, I caused to come before our Lady the Queen at Westminster at the day with∣in contained I.B. as within I am commanded. * 1.93

I. F. within named, hath nothing in my bailiwick, by which I can make him come, neither is he to be found in the same.

Note that in the Venire facias, no Issues shall be retur∣ned, but in Habeas corpora and distrings. * 1.94

The Issues of every one of them five shillings, and that is by the Statute of, 35. of M. 8. chap. 6

And also in every writ where the clause (if A. shall se∣cure you of prosecuting his claim, it shall be expressed, the Sheriffe may delay the Plaint by this Return to say.

The within named I.B. hath not found me Pledges to prosecute this Writ; therefore to the executing of the same, nothing by me is done.

The Execution of this Writ doth appear in a certain Pannell fastened to this VVrit, and sometimes in the Pannell thus. * 1.95

The Iurors between R.T. the Plaintiffe, and VV.F. Defendant in a Plea of Trespasse, and then write the names of the Iury, twenty four, A B. C. &c. and under write this.

Every one of the Iurors aforesaid by himself severally is attached by Pledges, I.D.R.R. but in Distresse.

The Issues of every one of them five Shillings.

And note that in the first Venire facias of the Iurors, it is not very materiall to put in Manucaptors, for that you

Page 530

will make (by this mainprise) the Iurors to loose Issues in the Kings Court, which is not required at the first time.

The execution of this VVrit doth appear in a certain Pannell fastened to this writ. * 1.96

The Iurors between A.B. the Plaintiffe, and C.D. the Defendant of a Plea of Debt, A. B. &c.

Every one of the Iurors aforesaid by himself severally is secured by T.D.R R.

And in this writ you need not return Issues, nor in de∣cem or octo tales, nor you ought to return (Manucaptors) which note, notwithstanding, it is used in divers parts of England, though void.

Also the Sherif may return (Tarde) upon a distringas, and upon the (Decem tales) as it appears in these follow∣ing, and then the Iurors shall not lose Issues, which note.

For the distraining of John M. and other Iurors with∣in named, * 1.97 to be before the Iustices, &c. the day and place within written, I signifie to you, that this writ was so late delivered unto me, that for the shortnesse of the time, I could not execute it for the present, but of new, I have put to that Decem tales, or Octo tales (as it apppears in these following, as in this writ I am commanded, &c. A. B. C. D. E. F &c.

But as to ten, as well Knighs, as other honest and law∣full men, of the view within contained, to be put among the Iurors within contained, the execution of this writ doth appear in a certain Scedule fastened to this writ.

Pledges to prosecute J.D.R.R. * 1.98 Summoners within named, R.F.J.D.R.F.

Manucaptors of the Summoners aforesaid, and of every of them, N P. I.C.I.D.R.R.

The residue of the Execution of this Writ doth ap∣pear in a certain Pannell to this Writ annexed.

The names of twenty four Knights, * 1.99 between R.S. Plain∣tiffe, and R.F. Defendant, A B.C.D.E.F. to the number of twenty four.

Summonitors of the aforesaid Iury, and of either of them, I.D.E.C.

Manucaptors of the Summonitors aforesaid, and of ei∣ther of them, I.P.R.C.F.D.E.G.

The names of the Iurie of the first Inquisition (where∣of

Page 531

in the writ to this Sceduled annexed) makes mention of I.D.B.C. to the number of twelve. * 1.100

Summoners of the Jnry of the first inquisition, and of each of them, I. D.R.R.

Manucaptors of the Summoners aforesaid; * 1.101 and of every of them, I.L.H.P.R.S.T.V.

Pledges to prosecute I.E.R.R.

The within named W.B. is summoned by A.H.R.P.

Manucaptors of the Summoners aforesaid, and of each of them, I.H.R.D.

The residue of the execution of this writ doth appear in certain Pannells fastened to this writ.

The names of twenty four Knights between R.F. Plain∣tiffe, and T.S. Defendant, * 1.102 A.B. &c. to the number of forry eight.

Every one of the Knights aforesaid, severally by him∣self is summoned by I D.R.R.

Of which every one severally by himself is manucapted by I.B.C.D.E.F.G.H.

The names of of the Jurors of the first inquisition, A.B. C.D. to the number of twelve.

Every one of the Jury aforesaid, of the first inquisiti∣on, severally by himself is attached, and manucapted by Plaintiffe I.D.R.F.

The names of the Iurors of standers by, of new put in, * 1.103 between I.S. Plaintiffe, and W. D. Defendant, according to the Form of the statute in this Case published and pro∣vided, A.B.C.D. &c.

The names of the Iurors, of standers by, of new im∣pannelled, and returned by the command of the Justices, at the request of the Plaintiffe, for defect of the Jurors above nominated, not appearing according to the Form of the Statute, late for that provided, A.B. &c.

The Manucaptors bolow named, J.F.J.D.R.R.

Issues three Shillings four pence. * 1.104

J.F. within named hath nothing in my Bailiwick, by which, nor where he may be distrained.

T.D.40 d. A.R.40 d. &c. are distrained, and each of them is di∣strained by Land, and his Chattells, according to the Form of this writ, whereof the Issues, as appear above upon

Page 532

their heads and they are manucapted, and each of them, i manucapted by himself, that is by, I.D.I.S. and P.H. that they be and each of them be, at the day and place within written, according to the Tenor of this VVrit, &c.

A.40 d: which was the VVife of B. within written, * 1.105 executrix of the will of the foresaid B. 40 d.

R. R.40 d. another Executor of the will aforefaid T.S.40 d. the third Executor of the will of the foresaid B. are distrained, and each of them by himself is distrained, according to the form of this VVrit, from whence the Issues, as it appears upon their heads, and each of them is manucapted by him∣self, that is by four Manucaptors, by name A.B. &c. And there are no more Executors of the will of the said B. nor heires of him, or of Lands or Tenements which were his in the County of W. as by any means for the present can appeare unto me.

Pledges to prosecute J.D.R.R.

A.B. within named hath nothing in my bailiwick but the Issue first by me forfeited, * 1.106 by which nor where he may be distrained, as to me by any means can appeare for this pre∣sent.

W.D. Arch Deacon of R. hath nothing in my bailiwick of lay fee, by which nor where he can be Distrained, Warn∣ed, or Attached, by any means at present, as to me can appeare.

That I should distrain the within written A.B. to be before the Justices within named, * 1.107 at the Day and place therein contained. This writ so late was delivered unto me that for the shortnesse of the time I could make no Exe∣cution thereof.

To the Distraining of R.L. and all other the Jurors within written to be before the Iustices within named at the day and place therein contained: * 1.108 This writ came unto me so late, that for the shortnesse of the time, could make no execution thereof, but to ad, Decem tales, the executi∣on thereof, doth appeare in a certain Pannell fastned to this writ. * 1.109

The Manucaptors within named, J.S.W.P.I.D.

His Issue half a Mark.

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The summoners of the within named R. and E. his wife W.F.R.P.

And so of all other actions reall, if the Defendants be sufficient.

The Execution of this writ doth appeare in a certain inquisition to this writ annexed.

By vertue of a writ of our Lady the queen to me directed, * 1.110 and to this partition indented, annexed, I J.D. Knight, Sheriff of the County aforesaid twentieth day of A. year 20. &c. taking with me J.S. &c. twelve free and lawful men of my County, and of the view within written in the pre∣sence of H.F. in the writ aforesaid nominated, in my pro∣per person, I came to the Tenements in the said writ no∣minated, and there by their Oath (respect being had to the true value of the said Tenements with the appurtenan∣ces) the said Tenements in partition into three parts e∣qually to be parted, and one part of the said three parts, that is twelve foot in length, and eight foot in bredth, of the House in the foresaid writ specified, extending to the Land of F.G. called G. towards the west, and thirty four foot in bredth, and twelve rods in length, and one Garden in the aforesaid writ specified, lying to the said house, abut∣ting towards the west to the Land of the aforesaid F.G. called B. and the Glebe Land of the Rectory of S. and al∣so, &c. And I the aforesaid Sheriff twentieth day of A. the year, &c. have made them to be assigned and delive∣red to H.F. nominated in the said writ, to hold to him seve∣rally according to the form, and effect, of the writ afore∣said. And as the said writ, in that commandeth and requi∣reth

Which truly whole third part of the aforesaid Te∣nements in the aforesaid Writ specified, * 1.111 to the afore∣said H. in form aforesaid is delivered and assigned, and for the other two parts remaining of the aforesaid Tene∣ments, in the aforesaid Writ specified, J.F. likewise in the same Writ nominated, to the partition aforesaid, to be as∣signed and Delivered, to the Justices of our Lady the Queen in the Writ aforesaid specified, I certifie, that none of the part of the said J. came to receive of me, the afore∣said Sheriff, those two parts, so that those two parts I could not deliver an Assigne, as the writ aforesayd, in that doth command and require: In witnesse whereof, as well the

Page 534

Seale of me the aforesayd Sherif, as the Seales of the o∣ther twelve Jurors to this partition Indented, are put: Dated the yeare and Day abovesayd.

Pledges to prosecute I. D. R. R.

The within I. S. and R. B. are attached, and each of them is attached by Pledges, I. D. R. R.

The residue of the execution of this VVrit doth appear in a Pannell fastned to this writ. * 1.112

Assise of novell disseisin between such a one Plaintif, or Demandant, and such a one Defendant, or tenent in the Plea, &c.

A. B. C. D. &c. to the number of twenty four. * 1.113

The names of the Recognitors, I. P. and T. W.

Summonitors, J. D. T. B.

Manucaptors, summoners aforesayd, and every of them, J. S. J. D.

Pledges to prosecute. * 1.114 G. C. R. R.

R. H. within named, is attached by one _____ _____ of La∣tin, price eight pence, by Pl. W.D. and T. D.

The residue of the execution of this writ doth appeare in a certaine Pannell annexed to this writ.

A Recognition of an Assise of Novell disseisin, * 1.115 between J. D. Plaintif, and R. T. Deforceant, of his Free-hold in B.

J.D. &c. to the number of twenty foure.

Summoners of the Jurors aforesaid, and of every one of them, J.S.J.D.

Manucaptors, summoners aforesaid, and of every one of them, J.B.T.C.A.B. and W.H.

The execution of this writ appeareth in a certain Pan∣nell to this writ annexed. * 1.116

The names of the Recognitors in an Assise of novell Disseisin between A.B. Plaintiff and J.M. Defendant A. B. &c. to the number of twenty four.

Every one of the Recognitors aforesaid, by himself is severally attached by pledges, J.D.RR.

The Issues of every one of them, five shillings.

The names of the Recognitors of new added, according to the form of the Statute, A. B. &c. to the number of ten.

Page 535

Every one of the Recognitors aforesaid of new added is attached severall by Plaintiff, J.D.R.F.

By vertue of this Writ, * 1.117 tenth day of M. the year afore∣said, by the view of R.H. and T.H. good and lawfull men of my County, I have taken into the hands of our Lady the Queen, the Lands within written, as within I am com∣manded, summoners, J.D. R.F

And if the Writ be sent to the Sheriff, and the place where he ought to execute it, be within Franchises, which hath full return of all VVri, tsthen so.

The Execution of this VVrit, &c. as before.

I J.S. Sheriff of E. have commanded J.W. Bailiff of the Liberty of B. in the County aforesaid, which hath full re∣turn of all VVrits, and execution of them, within the Li∣berty aforesaid, in the County aforesaid, and to whom the executing of this writ doth wholy belong to be don, for that that the said execution thereof, otherwhere in my Baili∣wick cannot be done, out of that Liberty, which answers me so, &c.

By vertue, * 1.118 &c. I have taken into the hands of our Lady the Queen, by view, &c. as before, of the Lands and Te∣nements of J.M. within named, to the value of one house, &c. as in the VVrit is contained, such a day and year, ac∣cording to the form of this writ, or as it is within com∣mandêd me, or as the writ in that commands and requires, or. * 1.119

The third part of the Houses, Gardens, and rest of the Premises, as within I am commanded.

The execution of this writ doth appeare in a certain sce∣dule to this writ annexed.

By vertue, &c. and to this scedule annexed, * 1.120 such a day and year, I have made E. B. widdow to have (nominated in the said writ) full seisin of the third part of the Mannor of B. with the appurtenances in the same writ specified, that is to say, &c. (and reherse the particulers, as in the writ to hold to the said J. B. in severalty by Metes and Bounds, in the name of the whole Dowry of the said J. to the said J. belonging, of all the Mannor in the aforesaid writ specified, as by the said writ I am commanded.

By vertue, &c, * 1.121 such a day and year I caused the Messu∣ages or Tenements within written to be reseised, and G.C. within nominated, into full possession of the said houses or

Page 536

Tenements with the apurtenances I caused to be put ac∣cording to the force, form, and effect of the Statute before specified, as within I am commanded.

By vertue, * 1.122 &c. I have caused to be summoned A. B. Knight, one of the Knights of my County, girt with a Sword by B T. and C.B. that he should be before the Ju∣stices within named, at the day and place within named, as this Writ in that commandeth and requireth.

Manucaptors of the within named, A.B. B.T. and C. B. J.D. R.R.

Issues of every one of them twenty shillings.

By vertue &c. * 1.123 Scire feci, the within named A. B. and C. D. that they should be before the Justices of our Lady the Queen within written, at the Day and place therein con∣tained, to answer R.H. within named, by J.H. and R.S. good and lawfull men of my bailiwick.

By vertue, * 1.124 &c. Scire feci, T.A. & E. his wife within written by J.J. and R.T. that they be before our Lady the Queen at the day within written whersoever, &c. to hear the re∣cord and process, whereof this writ maketh mention, and further to do, and receive all and singuler, as this writ commands. * 1.125

A.B. within named have no Lands or Tenements, Goods or Chattells in my bailiwick, (that I can make him know) as that writ, &c. Neither is he found in the same.

By vertue, &c. Scire feci, W.B. Administrator of the Goods and Chattells which were T. P. within named by W. G. and G. K. good and lawfull men of my bailiwick, * 1.126 to be before our Lady the Queen or the Justices at the day within named, neither were there any more Administra∣tors of Goods and Chattells, which were of the said T.P. in my Bailiwick, to whom or to which for present I could, Scire facere.

By vertue, &c. Scire feci, T.V. within named, that he should be, before the Justices within written at the day and place within contained, * 1.127 by J.S. and R.G. to do that which this writ in that commandeth and requireth.

By vertue, &c. Scire feci, W.C. Knight, within named, that he be before our Lady the Queen in her Chancery, at the day therein contained, wheresoever he be in England, to shew and propound as that writ in that requires, by J. M. and W.D good and lawfull men of my bailiwick, accor∣ding to the form of this writ.

Page 537

By vertue, &c. Scire feci, J. C. within named, * 1.128 that he should be before our Lady the Queen the 13. Day of N. to shew, and further to do and receive, and as that Writ in that commands and requires, by A.B. and C.D. good and lawfull men of my Bailiwick, according, &c.

By vertue, &c. Scire feci, J.C. within named, * 1.129 that he should be before the Justices within written, at the day and place within contained, to shew if he have any thing for himself, or knowes to speak, why the within named W.H. and R.E. Execution for the Debt and Damage (as within mention is made) against the said J. C. should not have, as this Writ in it commandeth and requireth, by J.W. and R.C. good and lawfull men, &c.

By vertue, &c. such a Day and year, &c. * 1.130 I took into the hands of our Lady the Queen, the Tenements within written with the Appurtenances, and further the same Day and year, Scire feci, as well A.B. cheif Lord of the immediate Fee of the Tenement within written, with the Appurtenances, as the within written, H.D. by good and law full men of my bailiwick, that they should be be∣fore the Justices within written, at the Day and place therein contained, to hear the recognition within written, as within it is commanded me, and further I certifie the same Iustices, that there is not any other cheif Lord of the Fee aforesaid, mediately or immediately, between the Queen and thewithin written. A.B. to whom Scire fa∣cere potui.

By vertue of this Writ to me directed, * 1.131 I have taken in Execution the within named ten pounds of the Land and Chattels of the aforesaid R.W. which truly ten pounds be∣fore the Justices within written at the Place and Day with∣in contained I have ready, as this Writ n that commands and requires, &c. * 1.132

By vertue, &c. Fieri feci, a hundred shillings of the Goods and Chattels of the within named W.H. which tru∣ly hundred shillings before the Justices within written, at the Day and place there in contained, I have ready, as, &c. and further I certifie the same Justices, that the Executors within written, have utterly wasted the Goods and Chattels of the within named W. H. the Testator, so that the said summ of ten Marks, within written, nor any parcell thereof for present can I levy by Fieri facias.

Page 538

The within named R. B. hath no Goods, * 1.133 or Chartels, Lands, or Tenements in my Bailiwick, so that I can levy the Money within specified, by Fieri facias, as within I am commanded, neither is the said R. to be found, nor is there any such person in my Bailiwick.

A. M. within written, * 1.134 hath no Goods, or Chattels with∣in my Baliwick of which I can make Execution of that Writ, as, &c. neither is he found in the same, nor hath any Lands or Tenements at the fourth Day of January, nor ever after, as it appears in a certain Schedule annexed to this Writ.

By vertue, * 1.135 &c. I have taken the Goods and Chattels of the within written A. W. to the value of four pounds, of the within written eight pounds, which Goods and Chattels remain with me unsold, for lack of Buyers, and that the aforesaid A. W. no other, nor more Goods and Chattels, nor any Lands or Tenements hath in my Baili∣wick, whereby the residue of the aforesaid eight pounds, so that I can lay no Execution for the residue of the eight pounds, or take any other parcell for present, in Exe∣cution, neither is he found in the same.

By vertue, * 1.136 &c. I certifie the Barons within written, that the tenth Day of A. &c. I took of the Goods and Chat∣tels, Lands and Tenements, of the within named W. to the value, &c. and of the Goods and Chattels, Lands and Tenements, of J. D. &c. to the value, &c. and those I have set to sale, to which I have not yet found Buyers, and therefore the Money, &c.

As yet the Goods and Chattels, * 1.137 which late of the Goods and Chattels of the Farmer, occupying and hold∣ing the Mannour of W. to the value, &c. I took into the hands of our Lady the queen, for defect of Buyers remain unsold, but from Day to Day I expose them to sale, and of the Money arising thereof, as soon as I can, I will an∣swer you.

The Goods and Chattels, * 1.138 of which within in that VVrit, there is mention to sell, and ten shillings thereof coming to the Exchequer of our Lady the Queen at West∣minster, at the Day in the VVrit limitted, I have made rea∣dy, according to the tenor of this VVrit.

By vertue, * 1.139 &c. I have sold the Goods and Chattels within written, by me first taken, and also I have laid

Page 539

Execution of the Goods and Chattels of R. S. within named, for the residue of the Debt therein contained, so that I have all those Moneys ready, before our Lady the Queen, at the Day and Place within contained, to pay to the within named H. VV. as within I am commanded.

To levy the Money by Fieri facias within written, * 1.140 by ver∣tue of a certain VVrit of the Queens of Supersedeas, to me directed, I do altogether desist, which truly VVrit of Su∣persedeas I send you annexed to this VVrit; and further I certifie, that the said J. C. hath not any other, or more Goods or Chattels, Lands or Tenements in the same, my Bailiwick, from whence any Money can be levied for pre∣sent, &c.

Restitution upon Fieri facias. * 1.141

J. G. and others within named have nothing, nor any of them have any thing in my Bailiwick, whereby Restitu∣tion of the Goods and Chattels within written, (for the foresaid VV. M. to have) I can make, nor the four and twenty pounds within written, to the said M. could I make to be levied, as within, &c.

T. F. within written, * 1.142 hath no Goods or Chattels in my Bailiwick, of which the Money within written, nor any parcell thereof I can levy, as within I am command∣ed, &c.

By vertue, * 1.143 &c. I have taken into the hands of our La∣dy the Queen, a certain Inn, with three Shops in such a place, of the said J. T. within written, which are worth by the year over reprises, ten pounds; and that the said Inn and Shops aforesaid, I safely keep, till I have other from you in command.

The Execution of this VVrit appeareth in a certain In∣quisition, &c. An Inquiry indented, * 1.144 taken at VV. in the County of VV. such a Day and Year, before R. VV. Esq Sheriff of the said County, by vertue of a certain VVrit of our Lady the queens, to the same Sheriff directed, and to this VVrit annexed; and this Inquiry was finished, by the Oath of R. S. &c. to the number of twelve Jurors, which say upon their Oath, that A. P. in the VVrit to this Inquisition annexed, nominated, sustained losse by the occasion of the Trespasse by J. H. in the foresaid VVrit nominated, as in the same writ, mention is made, to forty shillings, and for Expences and Charges of the said A. P.

Page 540

spent by him upon the Suit in this part to forty shillings, in which thing, &c.

By vertue of this VVrit J. VV. S. Esq Sheriff of the County within written, * 1.145 such a Day and Year, did deliver to J. B. the half of the Mannours in this Inquisition, to this writ annexed, specified, with the Appurtenances, by an Extent made in the said Inquisition, to hold to him and his Assignes, as his Free-hold, untill the said J. B. hath levied his Debt and Damages within written, as within I am commanded.

By vertue of this writ, * 1.146 such a Day and Year, I have caused to be delivered to the within named A. B. the half of the Mannour of S. with the Appurtenances, extended to the yearly value of forty pounds sterling in all issues, ultra reprises, by twelve Jurors in the Inquisition annexed to the writ, nominated, of which truly Mannour with the Appurtenances, B. G. and E. his wife were thereof seised as in right of E. his wife, in Fee, as of Free-hold, Day of the taking this Inquisition aforesaid, as in the said is found, to have and to hold the same half of the Mannour aforesaid, with the Appurtenances so extended to the a∣foresaid A. B. and his Assignes, as his Free-hold, till the within named forty pounds from thence he shall levy, ac∣cording to the form of this writ.

The Residue truly of Executions of this writ do appear in a certain Inquisition to this writ annexed, &c.

Of a Liberate after an Extent made upon an Obligation, of a Statute Staple.

By vertue, * 1.147 &c. I have delivered to the within named B.S. the Mannours, Lands, and Tenements within written, to have to him and his Assignes as their Free-hold, untill to him of the Debt within written, together with his Dama∣ges, Charges, and Expences be fully satisfied, &c.

By vertue, * 1.148 &c. I certifie our Lady the queen in her Chancery at the Day and Place therein contained, where∣soever they be, that such a Day and Year I delivered the Seisin and Possession of, and in the Mannours, Lands, and Tenements within specified, to the within named W. C. according to the exigent of this writ, and the with∣in named H. M. is not found in my Bailiwick.

J. M. within named is not found in my Bailiwick, * 1.149 therefore I cannot take him at present, but as to the ex∣tending,

Page 541

and valuing all the Lands and Tenements of the said J. M. according to the forme of this Writ; the Execution thereof doth appear in a certain Inquisition to this writ annexed, which truly Lands and Chattels in the said Inquisition contained, I have caused to be seised into the hands of our Lady the Queen.

A. B. within named is not found in my Bailiwick, * 1.150 and therefore by vertue of this Writ to me directed, I have ex∣tended and apprized all the Lands, and Tenements, Goods, and Chattels of the aforesaid A. in my said Baili∣wick, which truly Extent is to this Writ annexed; and also all the Lands and Tenements aforesaid, in the same Extent specified, together with his reasonable Damages and Costs I have levied according to the form of the Sta∣tute, thereof inacted and provided, and according to the form of this Writ.

By vertue, &c. * 1.151 I have taken the Goods and Chattels of J. M. within mentioned to the value of all the Money within written, and have set them to sale, and because I have not yet found Buyers, therefore the Money with∣in, &c. I cannot have at the Day and Place within con∣tained, as, &c.

By vertue, &c I certifie the Justices within written, * 1.152 that such a Day and Year within written, I have caused A. B. to have full Possession of one House with the Appur∣tenances in S. within written, in all, as this Writ, &c.

By vertue, &c. such a Day and Year within specified, * 1.153 I caused the within named A. B. to have and to be as∣signed, full Seisin of a Mannour and Tenement within specified, in a convenient place, that is to say, of the Mannour of F. twenty Acres of Land, a hundred Acres of Meadow, &c. with the Appurtenances in F. &c. in the County within written, according to the forme and ef∣fect, &c.

By vertue, * 1.154 &c. I have made R. G. to have the view of one House with the Appurtenances in C. and I have told R. S. and J. D. T. M. and H. R. four Knights of those, which were present at the view, that they should be before the Justices within written, at the Day and Place therein contained, to testifie that view, as that Writ in it com∣mandeth and requireth.

By vertue, &c. I certifie the Justices within written,

Page 542

that none, of the part of R. S. came to shew me the view of a House, and Meadows, with their Appurtenances within written, therefore touching the Execution of that Writ, nothing is done by me, for this present.

By vertue, * 1.155 &c. I certifie the iustices within written, at the Day and place within contained, that such a Day and year, I caused the within written J.F. and M. his VVife to have the view of the House, &c. within specified, with the appurtenances, and I told A.B.C.D.E.F.G.H. four Knights of my County, which were present at the view, that they should be before the Iustices aforesaid, at the Day and Place therein contained, to testifie that view, as within I am commanded.

By vertue, * 1.156 &c. of our Lady the Queens, to this sce∣dule annexed, I have caused I.G. in the said VVrit nomi∣nated, to have the view of sixty Acres of Pasture, with the appurtenances in G. which H.F. in the Courrt of our Lady the Queen, before her Iustices at Westminster claims as his Right and inheritance, against the aforesaid I G. by a writ of the Queens, in Form of Gift in Discender, and I said to four Knights, which were present at the view, that they should be before the Iustices of oursaid Lady, the Queen at Westminster, at the Day in the said VVrit speci∣fied, to testifie that view, as in the said VVrit I am com∣manded.

None came to me of the part of the within named R. F. * 1.157 to shew me the view of a Pasture within specified, for which cause I could not make the view of that Pasture within written to R.F. to have. The execution of this writ doth appear in a certain inquisition to this writ an∣nexed.

Inquisition indented, * 1.158 taken at G. (which is a place wast∣ed) in the County of D. such a day and year, before W. L. the Sheriffe aforesaid, by vertue of a Writ of our Lady the Queens, to the same Sheriffe thence directed by the Oath of twelve men sworn, which say upon their Oath, that R.M. in the said Writ nominated, made Wast, and destruction in a Wood, in which, in the Writ aforesaid there is mention, and in the Wood aforesaid, cut twenty Oaks, price every one twenty pence, part whereof he sold, and part carried away, to the disinheriting of VV.F. within written, and against the Form of provision in the

Page 543

said VVrit specified, and say upon their Oath, that the a∣foresaid R. hath made no more VVast in the VVood afore∣said, as to them any way can appear, in witnesse of which thing, &c.

By vertue, &c. I came to a place wasted, * 1.159 in the VVrit contained, as within I am commanded, and the residue of the execution of this VVrit doth appear in a certain inquisition to this VVrit annexed.

An inquisition indented, * 1.160 taken at F. in the County of VV. such a day and year, before VV. K. Esquire, She∣riffe of the aforesaid, by vertue of a certain VVrit of our Lady the Queens to him directed, and to this inqusi∣tion annexed, by the Oath of A.B &c. to the number of twelve, which say upon their Oath, that I.B. in the a∣foresaid VVrit nominated, made waste, sale, and destru∣ction, in Tenements, Lands, and woods, in the afore∣said VVrit specified, that is to say, in suffering a Hall, &c. in the writ specified, to be uncovered, by which the great timber of the same House, by tempests of Rain falling up∣on them, became rotten, &c.

By vertue of this writ to me directed, I have made to come before the Justices within written, at the day and place therein contained, all writs, Ass. of Iurors, and Cer∣tificates in the County of VV. within written, together with the Pannells, Attachments, Re-attachments, Re-sum∣mons, and all other Adminicles, Ass. of Iurors, and certifie those whom they concern, I have made also, made come before the said Iustices at the Goale Delivery of our Lady the Queen of F. of the Prisoners therein, being to be delivered, assigned at F. aforesaid, at the aforesaid Day, all the Prisoners in the Goale aforesaid, being them any way concerned, and to the view of every Town and place, where the Felonies (of which the said person in∣dicted apppealed, or arrested were) were committed, as well within the Liberties, as without; twenty four good and lawfull men, to whom the truth of the thing, may be best known and inquired, and who are not any way of kin∣dred to the said Prisoners, together with four men, and Governors of their Town or place, to do that which then and there, to them on the behalf of the said Lady our Queen, they are now injoyned: and also I have made it to be publickly proclaimed throughout my whole Baili∣wick,

Page 544

that all they which would follow against those Pri∣soners, that then they should be there against them (as it was iust) to prosecute; and I did give understanding also, to all the Iustices of the Peace, Coroners, Stewards, Bai∣liffes of Liberties, and Hundreds, of the County aforesaid, that then hey should be there with their Rolls, Records, indictments, and other their remembrances, to do that which to their Office belonged; as within I am com∣manded.

The residue of the execution of this Precept, doth ap∣pear in a certain scedule to this Precept annexed.

By vertue, * 1.161 &c, I have made to come before the Iusti∣ces within written at M. within specified, the day and year within contained, all Constables, and Bailiffes of Hundreds, and Burgers within specified, and also of all aforesaid Hundreds, twenty four Iurors, to do those things, which to them on the behalf of our Lady the Queen, then and there, they are inioyned: I have also given notice to all Constables, and Bailiffes of Hundreds, within writ∣ten, that they should be there, having the names of all the Artificers, Labourers, and servants of Husbandry, within the Hundred aforesaid, against the form of the statute, to that end enacted, and provided.

And likewise, I caused very sufficiently to be proclaimed within my Bailiwick, that all they, which as well for the said Lady the Queen, as for themselves, against any of the Artificers, Labourers, and servants, any complaint according to the Form of the statute, provided to com∣plain off, or would prosecute, that then they should bring in their Bill before the Iustices, if they thought fit, as within I am commanded.

Notes

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