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.

THE MOST USUAL WRITS which have been used in the Kings Bench, and are most like to continue in that Court, now called the Ʋpper Bench, never before Printed in English.

Latitat.

THe Keepers of the Liberty of England by Autho∣rity of Parliament,

to the Sheriffe of E. Greeting.

Whereas We have lately commanded the Sheriffe of the County of Middlesex, that he should take A.B. if he might be found in his Bayliwick, and him safely keep, so that he might have his body before us in the Upper Bench at Westminster, the Thursday next after the fifteen dayes of Easter, to answer to C. D. in a Plea of Trespas. And the said Sheriffe of Middlesex at that day returned to us that the said A. B. is not found in his Bayliwick. Whereupon on the behalf of the said C. D. in the Court before us, it is sufficiently testified, that the said A. B. doth lurk, and sculk in your County; therefore We command you that you take him if he shall be found in your Bayliwick, and him safely keep; so that you may have his body before Us in the Upper Bench at Westminster, the Wednesday next af∣ter the three weeks of Easter, to answer the said C.D. in the Plea aforesaid. And then you have here this writ,

Witnes H. Roll at Westminster the 17th day of April, in the yeer of our Lord 1651.

Wightwicke.

Alias Ca∣pias.

THe Keepers of the Liberty of England by Authority of Parliament,

to the Sheriffe of E. Greeting.

We command you, as formerly We have you command∣ed, that you take A. B. if he shall be found in your Bayli∣wick, and him safely keep, so that you have his body be∣fore Us in the Upper Bench at Westminster on Saturday next after the morrow of the Ascension of our Lord, to answer C.D. in a Plea of Trespas. And then you have there this Writ. Witnes H. Roll at Westminster the 17th day of April, in the yeer of our Lord 1651. Wightwicke.

Plures Ca∣pias.

THe Keepers of the Liberty of England by the Au∣thority of Parliament,

to the Sheriffe of E. Greeting.

We command you, as many times we have com∣manded that you take A. B. &c. as above in the Writ next before.

Bill Middl.

Middl: ss:

It is commanded to the Sheriffe, that he take A. B. if, &c. and him safely, &c. so that he have his body before the Keepers of the Liberty of England, by the Authority of Parliament, in the Upper Bench at West∣minster on Wednesday next after the month of Easter, to answer C. D. in a Plea of Trespas. And then he have here this precept, &c.

By Bill: Wightwicke.

Alias Bill.

MIddl: ss.

It is commanded the Sheriffe, as it was for∣merly commanded, that he take A. B. &c. as above in the Bill of Middlesex.

Attach∣ment of priviledge.

THe Keepers of the Liberty of England, by the Au∣thority of Parliament,

to the Sheriffe of H. Greeting.

We command you that you attach A. B. if he shall be found in your Bayliwick, and him safely to keep; so that you have his body before Us in the Upper Bench at Westm. on Wednesday, &c. (reciting the return) to answer C. D. Gent. one of the Clerks of Samuel Wightwicke Esq cheif Clerk assigned to inroll Pleas in the Upper Bench at Westm. &c. in a Plea of Trespas. And then you have there this Writ.

Witnes H. Roll at Westm, &c.

Habeas Corpus ad ••ac & rec'

THe Keepers of the Liberty, &c.

Greeting.

We com∣mand you, that you have the body of A. B. (in our Prison under your custodie (as it is said detained) under safe and secure conduct, together with the day, and cause of his caption, and detaining by that name soever the said A B. be censured in the same) before Us in the Upper Bench at Westminster on Saturday next after the morrow of All Souls, to do, and receive al., and every those things which the Court before Us in the Upper Bench at Westm. shall consider of in that behalf. And then you have here this Writ.

Witnes, &c.

Habeas Corpus re∣tornable before a Judge im∣mediately.

THe Keepers, &c.

(as above in the Habeas Corpus un∣till)

by what name soever the said A. B. be censured in the same) before Henry Roll cheif justice, assigned to hold Pleas in the Upper Bench at Westm. at his Chamber in Sergeants Inne in Fleetstreet, London, immediately after the receiving of this Writ, to do, and receive all and every those things which the said Cheif Justice, then, and there shall consider of in that behalf. And then you have here this Writ, &c.

Witnes, &c.

Habeas Corpus upon a cepi Corpus.

THe Keepers, &c.

to the Sheriffe of O. Greeting.

We command you that you have the body of A B. (by you taken, and in our prison under your custody detain∣ed, as you your self to us in the Court before us in the Upper Bench at Westm. formerly by you sent, have there∣by charged your self) before us in the Upper Bench at Westm. &c. (reciting the Return) to answer C.D. in a Plea of Trespas. And then you have there this writ.

Witnes, &c.

Habeas Corpus ad satisfacien∣dum.

THe Keepers, &c.

(as above untill the Return)

next after, &c. to satisfie C. D. as well of one hundred li. of debt, as 40 s. for his damages which he sustained, as well by occasion of detaining of that Debt, as for his Costs and charges by him, about his Suit, in that behalf disbursed. And further to do, and receive all, and every those things, &c. (as above in the Habeas Corpus ad fac' & rec'.

Procedendo

THe Keepers of the Liberty, &c.

Greeting.

Although we have lately commanded you by our Writ, that you should have the body of A. B. (in Our prison under your custodie, as it was said, detained under safe and se∣cure conduct, together with the day and cause of his cap∣tion, and detention, by what name soever the said A. B. should be censured in the same) before Us in the Upper Bench at Westm. on, &c. (as the Return was in the Ha∣beas Corpus) last past, to do, and receive all, and every those things which the Court before Us in the Upper Bench at Westminster shall then, and there, consider or in that behalf. Yet we being now moved with certain causes in the same Court before Us in the Upper Bench at West∣minster, We command you, and every of you, that in what∣soever Plaints or Suits against him, the said A. B. at the Suit of C. D. in the Court before you, or any of you leavi∣ed,

or affirmed; and before you, or any of you now de∣pending undetermined, in such manner you proceed with what celeritie you can, as according to the Law, and cu∣stome of this Nation you think to be expedient; Our Writ aforesaid to you formerly directed to the contrary not∣withstanding.

Witnes, &c.

Superse∣deas when the Defen∣dant ap∣pears, and files com∣mon Bail.

THe Keepers, &c.

Greeting.

Whereas by our Writ, we have lately commanded you, that you should take A. B. if, &c. (recite as is in the Alias Capias till these words) to answer C. D. in a Plea of trespas. And because the said A. B. in the Court before us, in the Upper Bench at Westm. hath appeared at the day, and place in the said Writ con∣tained, to answer the said C. D. according to the form and effect of the said Writ; Therefore we command you, that you for ever supersede from further attaching, Impriso∣ning, or him the said A. B. for that cause any way molest∣ing; And if you have taken him for that cause and no o∣ther, then upon your perill without delay you cause him to be freed, delivered from the Prison, where he is so de∣tained.

Witnesse, &c.

Superse∣deas upon a Capias ad satisfa∣ciendum, when the Plaintiffe hath ac∣knowledged satisfaction

THe Keepers of, &c.

Greeting.

Although by our Writ we have lately commanded you, that you should take A. B. if, &c. (Reciting the execution untill these words) as it doth appear to us upon record, yet because the said C. D. in the same Court before us in the Upper Bench at Westminster, did acknowledg that he is sa∣tisfied for the debt and damages aforesaid, therefore we command you that you for ever supersede from taking, at∣taching, Imprisoning, or him the said A. B. for that cause any waies molesting. And if you have taken him, the said A. B. for that cause (and no other) then without delay upon your perill, you cause him to be delivered from the Prison where he is so detained, if for that cause and no o∣ther, he is detained.

Witnes, &c.

Subpena.

THe Keeper, &c.

to J. B. and C. D. Greeting,

we command you, and both of you, notwithstanding, all and every busines and excuses whatsoever, that you be in your proper persons, before Henry Roll Cheif Justice assigned, to hold Pleas in the Upper Bench at

Westminster on Friday the 29th. day of November, at Guild-Hald London there to testify all and every those things, ac∣cording to your, and both of your knowledg and notice, which you, or either of you have known, in a certain acti∣on, now depending in the Upper Bench at Westminster un∣determined▪ between E. F. Plaintiffe, and H. J. Defen∣dant, in a Plea of trespas, and ejectment to be tried be∣tween the said Parties by a Jurat of the Country. And this in no wise you omit, neither either of you omit, upon the penalty of either of you, of a hundred pound.

Witnes, &c.

Subpena to testifie before the Sheriffs of London.

THe Keeper, &c.

(as above untill these words) pro∣per persons before the Sheriffes of London, the 15th. day of May, about one a clock in the afternoon of the same day, at Guild-Hall London, to testifie, &c. (as above untill) the day and place aforesaid, to be inquired of be∣fore the said Sheriffes, by the Oath of twelve honest and lawfull men of the City of London aforesaid.

Witnes, &c.

Venire fa∣cias.

THe Keeper, &c.

to the Sheriffe of London, Greeting.

We command you that you cause to come before Us in the Upper Bench at Westminster on Wednesday, &c. twelve free, and lawfull men of the visne of the Parish of Blessed Mary of Bowe, in the Ward of Cheap, London, every one of which hath foure pounds of Lands, Tenements, or Rents by the yeer at the least, by whom the truth of the matter may better be known. And which neither the said A. B. Plaintiffe, nor C. D. to happen into any affinity, to make a certain Jurat between the parties aforesaid of a Plea of Debt, because as well the said C. D. as the said A. B. between whom therof there is contention, have put them∣selves into that Jurat. And then you have there the names of the Jurors. And this Writ.

Witnes, &c.

Venire fa∣cias with a Proviso.

THe Keeper, &c.

(as above untill these words) have put themselves in that Jurat. Alwayes provided, that if two Writs shall therby come to you, you onely execute and return one of them. And then you have there the names of the Jurors. And this Writ. Witnes, &c. Also the Distringas Jur. may be made with a proviso.

Distringas Jur.

THe Keepers of, &c.

to the Sheriffes of London. Greet∣ing.

We command you that you distrain A. B. &c. (naming the 24. Jurors) Jurors summoned before Us in the Upper Bench at Westminster, between A. B. Plaintiffe, and C. D. by all their Lands and Chattels in your Bayli∣wick, so that neither they, nor any by them put hands to those thing, untill you have thereof another Precept from us. And that of the issues thereof you answer to us. so that you have their Bodies before us in the Upper Bench at Westminster on Wednesday next after five weeks of Easter; or before our faithfull and well beloved Henry Roll, Cheif Justice, assigned to hold Pleas in the Court before Us in the Vpper Bench at Westminster, if first he come on Tue••day the ••1. day of May at Guild-Hall London, by the form of the Statute in such case lately made, and provided, to make a certain Jurat between the said parties in a Plea of Debt. And to hear their Judgement of many defaults. And then you have here the names of the Jurors. And this Writ.

Witnes, &c.

Distring. 〈…〉〈…〉 the Issue at the Bar.

THe Keeper, &c.

(as above untill these words) so that you have their Bodies before Us in the Upper Bench at Westminster, on, &c. next after, &c. to make a certain Jurat between the said parties in a Plea of Trespas, and E••ectment. And thereby to hear their Judgement, &c. And you have, &c. (as above.)

Distring, 〈…〉〈…〉.

THe Keeper, &c.

Greeting.

We command you, that you distrain A. B. Esquire, lately Sheriffe of your County, by all his Lands, and Chattels; so that neither he, nor any by him, put hands to those things, untill you have thereof another Precept from us. And that of the Issues thereof you answer to us, so that you have the Body of C. D. (by him taken, and in our prison under his custody detained, as he himself by his Return to us in the Court before Us in the Upper Bench at Westminster, formerly thereunto by him sent, hath charged himself) before us in the Upper Bench at Westm. on, &c. next after, &c. to answer E. F. in a Plea of Trespas. And then you have here this Writ.

Witnes, &c.

Writ of In∣quiry.

THe Keepers, &c.

Greeting.

Whereas A: B. lately in the Court before us in the Upper Bench at Westminster by a Bili without our Writ, and by judgment of the said Court had impleaded C. D. of E. in the County of F. Yeo∣man for that, (that is to say) that wherea•• one J. H. the 19th day of April, in the year of our Lord, one thousand six hundred and fifty, at L. in the County aforesaid, had demised, granted, and to farm, let, &c. (And so recite the Declarat') And thereupon, then produced the Suit, &c. Such like processe thereupon, is taken before us in the same Court, that the said A. B. ought to recover his da∣mages against the said C. D. by reason of the premises, but because now it is unknown what damage the said A. B. in that behalf sustained; Therefore we command you, that by the Oath of honest and lawfull men of your Bayli∣wick, you diligently enquire what damages, the said A. B. aswell by reason of the premises, as for his costs and char∣ges by him about that Suit, in that behalf disbursed And the inquisition which you shall thereby take, you make manifest before us in the Upper Bench at Westminster, on, &c. under your Seal, and the Seals of them by the Oath, of whom you take tha•• inquisition, together with this Writ:

Witnes, &c.

Exigent.

THe Keeper, &c.

To the Sheriffes of London Gree∣ting,

we command you, that you make A. B. lately of C. in the County of C. Gent. to be required from hust∣ing to husting, untill according to the Law, and custome of England, he be out-lawed if he shall not appear; And if he shall appear then, you take and cause him safely to be kept, so that you may have his Body before us in the Up∣per Bench, in the fifth week after Easter, wheresoever we shall then be in England to answer C. D. in a Plea, that whereas the said C. D. and A. B. at London, had accoun∣ted together of divers sums of money, being before that time due to the said C. D. from the said A. B. and being then behind and unpaid; And upon that account the said A. B. was then and there found in arrerages to the said C. D. in a hundred pounds of lawfull English money, the said A. B. (in consideration thereof) did assume and to the said C D. there faithfully promised, that he the said A. B. would pay, that men 〈…〉〈…〉 the said C. D. yet t•••• said

A. B. hath not yet paid the said money to the said C. D. although he hath been therunto required to pay the same, to the damage of the said C. D. one hundred and twenty pounds as he saith, and whereupon you your selves have sent to us, that the said A. B. is not found in your Bayli∣wick, and you have here this Writ:

Witnes, &c.

Proclama∣tion sur' Exigent.

THe Keepers of the Liberty, &c.

To the Sheriffe of Cornwell Greeting.

Whereas by our Writ, we have lately commanded the Sheriffe of London, that he should cause A.B. of C. in your County Gent. to be required from husting to husting, untill he be out-lawed, according to the Law and custome of England, if he should not appear, and if he should appear, then they should cause him safe∣ly to be kept, so that they should have his body before us in the fifth week after Easter, wheresoever we should then be in England, to answer C. D. in a Plea, that whereas the said C. D. &c. (And so recite as is in the exegent till you are past these words) as he saith, (then write on) we command you according to the statute made & provided in the one and thirtieth year of the Lady E••izabeth lately Queen, you cause to be proclaimed the said A. B. at three several dayes, according to the form of that statute, where∣of one Proclamation thereof shall be made, at or neer the most usuall door of the Church of C. in your County, so that he may render himself to the Sheriffes of London, to answer the said C. D. of the said Plea. And you have here this Writ:

Witnes, &c.

C••••ias ut∣legat'.

THe Keeper, &c.

To the Sheriffes of C. Greeting.

We command you that you do not omit from any liberty within your County, but take A. B. of, &c. And him safely keep, so that you have his body before u•• in the Upper Bench in &c. (Reciting the return) wheresoever we shall then be in England, to stand right in Court before us in the Upper Bench, upon a certain Outlawry against him the said A. B. at the suit of C. D. in a Plea of debt, at the hu∣stings of the Common Pleas, holden in London, on Munday, &c. In the year of our Lord one thousand six hundred and fifty, in the Court of London pronounced. And you have there this Writ.

Witnes, &c.

Capias ad satisfaci∣endum in a Plea of Debt.

THe Keepers of the Liberty, &c.

Greeting.

We com∣mand you, that you take A. B. if he be found in your Bayliwick; And him safely to keep, so that you have his body before us in the Upper Bench at Westm. on Wednesday next after the five weeks of Easter, to satisfie C. D. of 100 li. of Debt; and also 21 s. for his dammages, which he su∣stained as well by occasion of detaining of that Debt, as for his Costs and charges by him about his Suit in that be∣half disbursed, whereof he is convicted, as it doth appear to Us upon Record. And then you have here this Writ. Witnes H. Roll at Westm. the 17th day of April in the yeer of our Lord, 1651.

Wightwicke.

Testat. Inde.

THe Keepers of the Liberty, &c.

to the Sheriffe of H. Greeting.

Whereas we have lately commanded the Sheriffs of London, that they should take A. B. if he might be found in their Bayliwick; And him safely keep, so that they should have his body before Us in the Upper Bench at Westminster, at a certain day now past, to satisfie C. D. of a hundred pounds of Debt; and also one & twenty shil∣lings for his damages which he sustained, as well by occa∣sion of detaining of that Debt, as for his Costs and charges by him about his Suit in that behalf disbursed: whereof he is convicted, as it doth appear to us upon Record. And the said Sheriffs of London at that day returned to Us, that the said A B. is not found in their Bayliwick. Wherupon on the behalf of the said C. D. in the Court before Us is sufficiently testified, that the said A. B. doth lurk, and sculk in your County; therefore we command you, that you take him if he be found in your Bayliwick, and him safely keep, so that you may have his body before Us in the Upper Bench at Westminster, on Wednesday next after the three weeks of Easter, to satisfie the said C. D. of the Debt and damages aforesaid. And then you have here this Writ.

Witnes, &c.

Capias ad satisfaci∣endum af∣ter judge∣ment affir∣med in a Writ of Er∣ror, and for damages for the Plaintiffe, being the Defendant did thereby delay Exe∣cution.

THe Keeper, &c.

(as above in the Capias ad satisfaciend: till these words) to satisfie C. D. of a hundred pounds of Debt, & also 40 s. which were adjudged to the said C.D. in the Court of the Common Pleas at Westminster, before Oliver St. John, and the other Justices his Associates, for

his damages which he had by reason of detaining of that Debt, whereof he is convicted, as by the inspection of the Record, and Processe thereupon, which we lately for cer∣tain causes have caused to come in the Court before Us in the Upper Bench at Westminster; And which in the same Court now remaining, doth appear to us upon Record; And also five pounds which in the same Court before us in the Upper Bench at Westminster, according to the form of the Statute, in such case thereupon lately made, and pro∣vided, were adjudged to the said C. D for his damages, costs, and expences, which he had by reason of the delay of execution of the Judgment aforesaid, by reason of pro∣secut•••••• of a certain Writ of Error, by him the said A. B. in the same Court, before us in the Upper Bench at West∣minster, prosecuted in, and upon the Premises, as it doth also appear to us upon Record; And you have there this Writ.

Witnes, &c.

Capias ad satisfaci∣endum a∣gainst Ma∣nucaptors in a Plea of Debt.

THe Keeper, &c.

Greeting.

We command you that you take A. B. and C. D. (writing the addition as it is in the Bail peice) Manucaptors of E: F: of, &c. (as above in the first Capias ad satisfaciendum, untill these words) to satisfie G: H: of 30 li. of Debt, and 20 s. for his damages, &c. (as above in the first Capias, &c. untill these words) dis∣bursed, whereof the said G: H: is convicted, as it doth ap∣pear to us upon Record; And whereof in the same Court before Us in the Upper Bench at Westm. it is considered, that the said G: H: shall have his Execution against the said A: B: and C: D: of the Debt, and damages aforesaid, according to the force, form, and effect of the Recogni∣sance by them the said A: B: and C: D: to the said G: H: for the said E: F: in the Court before Us in the Upper Bench at Westm. acknowledged. And then you have here this Writ.

Witnes, &c.

The same against the Plaintiffe for not pro∣secuting his Action.

THe Keeper, &c.

(as above in the first Capias ad satis∣faciendum, untill these words) to satisfie C: D: of six pounds, which in the Court before Us in the Upper Bench at Westm. were adjudged to the said C: D: according to the form of a Statute in such case lately made, and provided, for his costs and charges by him about his defence in a certain Action of Trespas, at the Suit of the said A: B: in

the same Court before Us in the Upper Bench at Westm. sustained; whereof the said A: B: is convicted, as it doth appear to us upon Record. And then you have here this Writ.

Witnes, &c.

The same for dama∣ges in breaking Covenant

THe Keeper, &c.

Greeting, &c.

(as above in the for∣mer directions) to satisfie C: D: of 7 li. for his dama∣ges which he sustained by reason of certain Covenants made to the said C: D: by the said A: B: lately broken, as also for his Costs and charges, &c. (as the first Capias ad satisfac' to the end.)

If for tres¦passe, thus.

THe Keeper, &c.

(as before untill these words) to sa∣tisfie C: D: 7 li. for his damages which he sustained as well by reason of a certain Trespas done to the said C. D: by the said A: B: as for his Costs, &c. (according to the directions in the former.)

If for tres∣pas upon the Case, thus.

THe Keeper, &c.

(as above untill these words) to sa∣tisfie C: D: of 10 li. for his damages which he sustain∣ed, as well by reason of a certain Trespas upon the Case lately done to the said C: D: by the said A: B: as for his Costs, &c. (as in the former directions next before.)

If for per∣formance o•• promise. thus.

THe Keeper, &c.

to satisfie C: D: of 10 li. for his da∣mages which he sustained as well by reason of not performing of certain promises and assumptions lately made to the said C: D: by the said A: B. as for his costs, &c. (as above.)

The same for costs for the Defen∣dant upon a Verdict at the Assizes against the Plaintiffe.

THe Keeper, &c.

(as above untill these words) to sa∣tisfie C: D: of 40 s. for his costs and charges by him disbursed, about his defence in a certain Plea of Trespas upon the Case, at the Suit of the said A: B: prosecuted in the Court before us in the Upper Bench at Westm. And then you have here this Writ.

Witnes, &c.

Fieri facias in a Plea of Debt.

THe Keepers of the Liberty, &c.

To the Sheriffe of Leicestershire, Greeting.

We command you, that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick, as well a certain debt of fourty pounds, which C. D. lately in the Court before us at the

Upper Bench at Westminster, recovered against the said A. B. as also one and twenty Shillings, which to the said C: D. in the same Court, were adjudged for his damages which he sustained, aswell by occasion of detaining of that debt, as for his costs and charges by him about his Suit, in that behalf disbursed, whereof the said A. B. is convicted, as it doth appear to us upon Record. (when the Judgment is renued by a Scir' fac'; then this sentence is to be in the ex∣ecution) wherof in the same Court before us in the Upper Bench at Westminster it is considered, that the said C. D. may have his execution against the said A: B: according to the force, form, and effect of the recovery aforesaid) And you have that monies before us in the Upper Bench at Westminster, on Friday next after the morrow of the ho∣ly Trinity, to restore to the said C. D. for his debt and da∣mages aforesaid, and then you have here this Writ.

Wit∣nes, &c.

A Testa∣tum there∣upon.

THe Keeper, &c.

To the Sheriffe of Middl: Greeting.

Whereas we have lately commanded the Sheriffe of London, that they should cause to be made of the goods and Chattels of A. B. in their Bayliwick, aswell a certain debt of one hundred pounds, (which C. D. in the Court before us in the Upper Bench at Westminster, lately recovered a∣gainst the said A. B. as also one and twenty shillings, which to the said C. D. in the same Court, were adjudged for his damages which he sustained, aswell by occasion of detai∣ning of that debt, as for his costs and charges by him, a∣bout his Suit in that behalf disbursed, whereof the said A. B. is convicted, as it doth appear to us of Record. And that they should have those monies, before us in the Up∣per Bench at Westminster, at a certain day now past, to re∣store to the said C. D. for the debt and damages aforesaid. And the said Sheriffes of London at the day, have returned to us, that the said A: B. hath nothing in their Bayliwick whereby they might cause to be made the debt and damages, or any parcell thereof, whereupon, on the be∣half of the said C. D. in the Court before us it is sufficient∣ly testified, that the said A: B. hath goods and Chattels sufficient in your Bayliwick, whereof you may make or cause to be made, the debt and damages aforesaid; Therefore we command you, that you cause to be made of

the goods and Chattels of the said A. B. in your Bayli∣wick, the said hundred pounds of debt, & the said one and 20 s. for damages aforesaid. And you have there those monies before us in the Upper Bench at Westminster on Thursday, next after the eight dayes of the holy Trinity, to render to the said C. D. for the debt and damages a∣foresaid, and you have here this Writ.

Witnes, &c.

A Deva∣stavit re∣turned, and thereupon a Fier' Fac' of the pro∣per goods of the Execu∣tor.

THe Keeper, &c.

Greeting.

Whereas by our Writ we have lately commanded you, that you cause to be leavied of the goods and Chattels which were of A. B. o∣therwise called &c. (naming the addition) in your Bayli∣wick, in the hands and custody of C. D. Executrix, of the last will and Testament of the said A. B. one hundred pound of debt, and also 5 l. which were adjudged to E. F. in the Court before us in the Upper Bench at Westm. for his damages which he sustained, as well by occasion of de∣taining of that Debt, as for his costs and charges by him about his Suit in that behalf disbursed, if so much she should have them in her hands. And if so much she should not have them in her hands, then you should cause to be leavied the said five pounds for the damage aforesaid, of the proper goods and chattels of her the said C:D: And you should have those moneys before us in the Upper Bench at Westminster at a certain day now past, to render to the said E: F: for his Debt, and Damages afore∣said; whereof the said C: D: is convicted, as it doth appear to us upon Record. And you at that day returned to us, that the said C: D: had no goods or chattels which were of the said A: B: whereby you might cause to be made the Debt, and Damages aforesaid, or any parcell thereof. And moreover, that by vertue of the said Writ, you cau∣sed to be made of the proper goods and chattels of the said C: D: the said five pounds for damages aforesaid. And that you had the moneys prepared before us in the Upper Bench at Westminster, as it was commanded to you by our Writ. And that the said C: D: hath wasted the goods and chattels which were of the said A:B: to the value of thirty pounds, parcell of the said Debt of one hundred pounds. Therefore we command you that you cause to be made in your Bayliwick the said 30 li. parcel of the Debt of 100 li. of the proper goods and chattels of the said C:D: And then you have here this Writ.

Witnes, &c.

Elegit.

THe Keepers, &c.

to the Sheriffe of L: Greeting.

Wher∣as A: B: in the Court before us in the Vpper Bench at Westm. lately recovered against C:D: an hundred pounds of Debt, and also one and twenty shillings for his damages, which he sustained, as well by occasion of detaining of that Debt, as also for his costs and charges by him about his Suit in that behalf di••bursed; whereof the said C: D: is convicted, as it doth appear to us upon Record. And be∣cause the said A. B. doth come in the Court before us in the Vpper Bench at Westm. and electeth to be delivered to him all the goods and chattels of the said C: D: in your Bayliwick, besides his Oxen and beasts of his Plow, and also the half of all the Lands, and Tenements which were of the said C: D: the 14th day of June, in the yeer of our Lord one thousand six hundred and fifty; which day the Judgment aforesaid was given against the said C: D: in the form aforesaid, to have the goods and chattels aforesaid, as the proper goods and chattels of him the said A: B: and to have, and hold the half of the Lands, and Tenement afore∣said to him, and his Assignes as his Free-hold, untill he hath thereby fully leavied the Debt, and damages afore∣said. Therefore we command you, that without delay you cause to be delivered all the goods, and chattels of the said C: D: in your Bayliwick; except the Oxen, and beasts of his Plow and also the half of all the Lands and Tenements which were of the said C: D: the said 14th day of June, in the yeer of our Lord, one thousand six hundred and fifty aforesaid, to the said A: B: by a reasonable price, and ex∣tent, to ha••e the goods, and chattels aforesaid, as his pro∣per goods, and chattels; and to have, and hold the half of the Lands, and Tenements aforesaid to him, and his As∣signes as his Free-hold, untill he hath thereby fully levied the Debt, and Damages aforesaid. And in like manner this Precept shall be executed, you make it appear before us in the Vpper Bench at Westminster, on Thursday next after the fifteen dayes of Easter under your Seal, and the Seals of them by the Oath of whom you took that Extent, and Apprisement, together with this Writ.

Witnes, &c.

Habere fac' poss.

THe Keeper, &c.

Greeting.

Wheras A. B: lately (that is to say) in the Tearm of Saint Hillary, in the year of our Lord one thousand six hundred and fifty, before us in

the Upper Bench at Westminster, hath recovered against C. D. 〈◊〉〈◊〉 s••arm then, & yet to come, of, and in one messuage with the appurtenances in E. in your County, which F:G. d••••admse to him to a ••••arm, which is not yet past (that 〈…〉〈…〉) from the Feast of the Annunciation of the blessed Virgin Mary, in the year of our Lord, one thousand six hundred and fifty, untill the end and tearm of three years from thence next following to be fully compleat and en∣ded, by vertue of which demise, the said A. B. entered into the tenements aforesaid with the appurtenances. And was thereof possessed, untill the said C. D. did afterwards eject him the said A. B. from his Farm; Therefore we command you, that without delay, you cause the said A. B. to have his possession of his Tearm aforesaid, yet to come of, and in the Tenements aforesaid with the appur∣tenances. And in like manner this precept shall be exe∣cuted, you make it appear before us in the Upper Bench at Westminster, on Saturday next after the morrow of the Assention of our Lord, together with this Writ.

Witnes, &c.

A Scire Facias in debt.

THe Keeper, &c.

to the Sheriffe of N. Greeting.

Wher∣as A. B. in the Court before us in the Vpper Bench at Westminster, recovered against C: D: two hundred pounds of debt, and also thirty shillings for his damages which he sustained, as well by occasion of detaining of that debt, as for his costs and charges by him about his Suit, in that be∣half disbursed, whereof he is convicted, as it doth appear to us upon Record; And now on the behalf of the said A. B. in the Court before us in the Vpper Bench at Westmin∣ster, we conceive that although the Judgment be thereby given, yet the Execution of the said Debt and damages doth yet remain to be made, whereupon the said A. B. hath made supplication to us, accordingly in that behalf, to provide remedy for him. And we being willing in that behalf, to do that which is just, we command you, that by honest and lawfull men of your Bayliwick, you make known to the said C. D. that he may be before us, in the Vpper Bench at Westminster on Wednesday next, after the fifteen dayes of the holy Trinity, to shew if he hath, or knoweth any thing to say for himself, wherefore the said A. B. ought not to have his Execution against him, of the

debt and damages aforesaid, according to the force, form, and effect of the recovery aforesaid, if he think expedient. And further, to do and receive that which the Court be∣fore us in the Vpper Bench at Westminster, shall consider of in that behalf; And then you have here this Writ.

Witnes, &c.

The same against Manucap∣tors.

THe Keeper, &c.

To the Sheriffe of Middlesex Gree∣ting.

Whereas A: B: lately in the Court before us, in the Vpper Bench at Westminster, recovered against C: H: one hundred pound of debt, &c. (as above untill these words) doth yet remain to be made of the goods & Chat∣tels aforesaid. And whereas E. F: lately of, &c. And G. G. (naming the addition) formerly (that is to say, in Mi∣chalmas Tearm last past, in the same Court, before us in the Vpper Bench at Westminster, personally came, and did become Pledges and Manucaptors, and both of them, by themselves became Plegde and Manucaptor, for the said C:D: that if it should happen the said C.D. to be convinced in the Plea aforesaid, that then the said E: F: and G: H: granted, and either of them for himself, did grant the debt aforesaid, and also all such damage, cost, and charges which should be adjudged to the said A. B. in that behalf, of their, and either of their Lands & Chattels to be made, and to the use of the said A. B. to be leavied, if it should hap∣pen the said C D. not to pay the said debt, damages, costs, and charges to the said A. B. or not to render himself to the Prison of the Marshall of our Marshalsey, of the Vpper Bench at Westminster upon that occasion, yet the said C. D. hath not hitherto paid the said debt and damages to the said A. B. neither hath upon that occasion rendered him∣self to the Prison of the Marshall of our Marshalsey of the Vpper Bench, before that time, as by the insinuation of the said A. B. in the Court before us in the Vpper Bench at Westminster, we have accepted, whereupon the said A. B. hath supplicated us accordingly, to provide remedy for him in that behalf, (as above till after the return of the former Writ to these words) to shew if he hath or know∣eth any thing to say for himself, wherefore the said A. B. ought not to have his execution against him, of the debt and damages aforesaid, according to the force, form, and effect of the recognizance aforesaid, if he think good so to do, &c. (as above untill the end.)

A Scire Facias a∣gainst an Executor in Debt.

THE Keepers, &c.

(as above in the first Scire facias untill these words) doth yet remain to be made of the Goods and Chattels aforesaid, and that the said C.D. after Judgement aforesaid, in form aforesaid rendred, is dead, and that one E.F. is Executor of the last Will and Te∣stament of the said C.D. whereupon the said A.B. hath sup∣plicated us accordingly, to provide remedy in that behalf, (as above till after the Return of the first Writ) to shew if he hath or knoweth any thing to say for himself, where∣fore the Debt and dammages aforesaid, of the Goods and Chattels which were of the said C. D. at the time of his death, being in the hands and custody of the said E.F. to be administred, ought not to be made, and to the use of the said A.B. levied, according to the force, form, and effect as above in the first, &c.

The same for an Admini∣stratrix in Debt.

THe Keeper, &c.

(as in the first Scire facias, untill these words) as it doth appear to us upon Record, and now in the Court before us, in the upper Bench at Westminster comes E.F. VViddow, the relict of the said A. B. and saith, that after Judgement aforesaid, in form afore∣said rendered (that is to say) on, &c. in the year, &c. (naming the time) the said A. B. at A. in your County died intestate, after whose death, (that is to say) on, &c. in the year, &c. (naming the time at A. aforesaid, the. Administration of all the Goods and Chattells, Rights, and Credits, which were of the said A.B. at the time of his death, by, &c. (to whom the Commission of the Administration of Right did pertain) was committed to the said E.F. and now on the behalf of the said E. F. in the same Court before us in the upper Bench at West∣minster, we have accepted, that although, &c. (as above in the first VVrit of this sort.)

Rotam. habend.

THe Keeper, &c.

to the Sheriffe of Middlesex, greet∣ing,

whereas A.B. was lately summoned to be before us in the upper Bench at Westminster, to answer C.D. in a Plea of taking and uniustly detaining of the Goods and Chattells of the said C.D. and the said A.B. appearing

in the Court before us in the upper Bench at Westminster, the said C. D. made default, for which it was considered of in the said Court, that the said A. B. should have Return of his goods, and chattells aforesaid, therefore we command you that without delay, you cause to be returned to the said A. B. the goods and chat∣tells aforesaid, and not deliver them at the complaint of the said C.D. without our Writ aforesaid, making ex∣presse mention of the said Judgement, and as this Pre∣cept shall be executed, you certifie to us in the upper Bench, in eight dayes of the Purification of the blessed Virgin Mary, wheresoever we shall then be in England, together with this VVrit,

witnes, &c.

Capias in Wither∣nam.

THe Keepers, &c.

to the Sherif of M. greeting,

whereas A.B. in the Court before us in the upper Bench at West∣minster, was summoned to be before us in the uper Bench at Westminster, to answer C. D. in a Plea, wherefore he took the goods and chattells of him the said C.D. and detained them uniustly against Sureties and Pledges, as it is said, and the said A. B. appearing in the same Court before us in the upper Bench at Westminster, the said C. D. there made default, for which in the same Court it was considered by the same Court, that the said A.B. should have return of the goods and chattels aforesaid, whereup∣on we commanded you by our VVrit, that without delay you cause to be returned the goods and chattells aforesaid, to the said A.B. and not deliver them at the complaint of the said C.D. without our Writ that shall make express mention of the said Judgement, and in such manner, as that Precept should be executed, you should certifie to us in the upper Bench at Westminster, in the eight dayes of the Purification of the blessed Virgin Mary last past, and you at that day did return to us, that before the coming to you of that Writ, the goods and chattels aforesaid, were convayed away to places to you altogether unknown, so that you would not cause those goods and chattels to be returned to the said A. B. therefore we command you, that you take of the goods and chattells of the said C.D. to the value of the goods and chattels aforesaid formerly taken, and you cause them to be delivered to the

said A. B. to be detained untill you may cause the goods and chattells formerly taken to be restored to the said A.B. and you put the said C.D. by Sureties and safe pledges, that he be before us in the moneth of Easter, wher∣soever we then shall be in England, to answer as well as of the contempt, and as also the said A.B. of his dammages, and iniuries in that behalf illated, and that you have there this Writ,

witnesse, &c.

A Scire facias for an Executor to renew a Judge∣ment af∣ter a year and a day

THe Keepers, &c.

greeting,

whereas A.B. Executor of the last Will and Testament of C. D. lately decea∣sed, lately in the Court before us in the upper Bench at Westminster by Bill without our Writ, and by the iudge∣ment of the same Court, recovered against E.F. thirteen pounds of Debt, and also one and twenty shillings for his damages which he sustained, as well by occasion of deten∣tion of that Debt, as for his costs and charges by him about his suit in that behalf disbursed, whereof he is convicted, as it doth appear to us of Record, and that the said C. D. after Judgement aforesaid, in Form aforesaid, rend∣red at London, made his last VVill and Testament, and thereby did appoint and ordain the said A.B. his Execu∣tor, and afterwards there died, and now on the behalf of the said A. B. in the Court, before us in the upper Bench at Westminster have accepted, that although the Judgement be thereof rendred, yet the Execution of the Debt and dammages aforesaid, doth yet remain to be made, whereupon the said A.B. hath supplicated us accor∣dingly to provide remedy for him in that behalf and we being willing in that behalf, to do that which is iust, we command you, that by honest and lawfull men of your Bailywick, you make known to the said E.F. that he be before us in the upper Bench at Westminster on Fryday next, after, &c. to shew if he hath or knoweth any thing to say for himself, wherefore the said A. B. ought not to have the Execution of the Debt and Dammages afore∣said, according to the force, form, and effect of the reco∣very aforesaid, if he think good to try, and further to do and receive that which the same Court before us, in the upper Bench at Westminster shall consider of in that be∣half, and then you have here the names of them by

whom you made known to him, and this Writ;

wit∣nesse, &c.

The same in an A∣ction of Eiectment the Plain∣tiffe (a woman) after Judge∣ment being mar∣ried.

THe Keeper, &c.

Greeting,

whereas A.B. lately be∣fore us in the upper Bench at Westminster, recovered a∣gainst C.D. her Term, then and yet to come, of and in one Messuage, with the Appurtenances in E. in the Pa∣rish of F. in your County, (that is to say) from the last day of March, in the year of our Lord, one thousand six hundred and fifty, untill the end and Term of five years, to be fully compleat and ended, and afterwards the said A.B. at E. aforesaid, took to her Husband one C.G. and now on the behalf of the said G. H. and A. B. in the Court before us, in the upper Bench at Westminster, as we have accepted, that although the Judgement a∣foresaid be rendred, yet the Execution of that Judge∣ment doth yet remain to be made, whereupon the said G. H. and A.B. have supplicated us accordingly to provide remedy for them, in that behalf, and we being willing in that behalf, to do that which is lust, we command you, that by honest and lawfull men of your Bailiwick, you make known to the said C.D. that he be before us in the upper Bench at Westminster, on &c. (reciting the Return) to shew if that he hath or knoweth any thing to say for himself, wherefore the said G.H. and A.B. his Wife ought not to have Execution of the Iudgement aforesaid, if he think good to try, and further to do and receive that which the Court shall consider of in that behalf, and then you have here the names of them by whom you made known to him, and this Writ,

witnesse, &c.

The same for an Admini∣strator in Debt.

The Keepers, &c.

Greeting,

whereas A. B. lately in the Court before us in the upper Bench at Westminster, re∣covered against C.D. twenty pounds Debt, and also one and twenty shillings for his dammages, which he sustain∣ed, as well by occasion of detention of that Debt, as also for his costs and charges by him about his suit in that be∣half disbursed, whereof he is convicted, as it doth aprear to us upon Record, and afterwards the said A.B. at Lon∣don aforesaid, died intestate, as it is said, and the Admi∣stration

of all and every the Goods and Chattels, Rights and credits, which were of the said A.B. at the time of his death, at London, were committed to one E.F. as by the insinuation of the said E.F. in the Court before us in the upper Bench at Westminster we have accepted, yet the Ex∣ecution of the Debt and dammages aforesaid, doth yet remain to be made, whereupon the said E. F. hath sup∣plicated us accordingly to provide remedy for him in that behalf, and we being willing to do that which is iust in that behalf, we command you, that by honest and lawfull men of your Bailiwick, you make known to the said C.D. that he be before us in the upper Bench at Westminster, on, &c. (reciting the Return) to shew, if he, &c. (as above in the former Writ, untill the end.)

The same against an Executor of a She∣riff, where the She∣riff retur∣ned that he had caused the Goods of the De∣fendant to be levi∣ed, but hath not paid the Money coming thereof.

THe Keepers &c.

to the Sheriffe of Middlesex greet∣ing,

whereas A.B. lately in the Court before us in the upper Bench at Westminster, recovered against C.D. one hundred pounds of Debt, and also five pounds for his dammages which he sustained, as well by occasion of de∣taining of that Debt, as for his Costs and Charges by him about his Suit in that behalfe expended, whereof the said C.D. is convicted, as it doth appeare to us of Record. And whereas also E.F. Esq Sheriff of the County of E. hath returned to us upon a certain Writ issuing forth of the same Court before us, upon the judgment aforesaid, that he had caused to be taken the Goods and Chattells of the said C.D. to the value of the Debt and damages aforesaid (that is to say) the one hundred and five pounds, and the Mony coming thereof (that is to say) the said one hundred and five pounds before us at the day and place in the said Writ mentioned. He had prepared to deliver to the said A. B. according to the Exigent of the Writ aforesaid, as by the return of that Writ in the same Court before us remai∣ning of Record doth manifestly appeare: And because the said E.F. the Moneys aforesaid in form aforesaid, taken in∣to the Court before us in the upper Bench at Westminster, hath not yet paid or delivered, nor to the said A.B. (as by his insinuation in the same Court before us we have ac∣cepted) hath yet paid or delivered, and that the said E.

F. after the return aforesaid in form aforesaid so returned, is dead, and that one G.H. is Executor of the last will and Testament of the said E. F. whereupon the said A.B. hath supplicated us accordingly to provide remedy for him in that behalf. And wee being willing to do in that behalf that which is just we command you that by honest and lawfull men of your Bailiwick, you make known to the said G.H. that he be before us in the upper Bench at Westminster, on, &c. next after, &c. to shew if he hath or knoweth any thing to say for himself, wherefore the said one hundred and five pounds ought not to be made, and to the use of the said A.B. levied of the Goods and Chattells which were of the said C.D. at the time of his death, according to the force, form, and effect of the recovery and return of the Writ aforesaid if it shal seem to him expedient, and further to do and receive that which the same Court before us shall consider of in that behalf, and then you have here the names of them by whom you made known unto him and this Writ;

witnesse, &c.

A Testa∣tum ca. sa. against Manu∣captors.

THE Keepers, &c.

to the Sheriffs of London greeting,

whereas we have lately commanded the Sheriff of Middlesex that he should take A.B. and C.D. (naming the addition) Manucaptors of E.F. of &c. If they had been found in his Bailiwick; and them safely keep, so that he should have their Bodies before us in the upper Bench at Westminster at a certain day now past, to satisfie G.H. of thirteen pounds of Debt, and also of one and twenty shil∣lings for his Damages, which he sustained, as well by occa∣sion of detaining of that Debt, as for his Costs and Charges by him about his suit in that behalf expended, whereof the said E.F. counted, as it doth appeare to us of record, and whereof in the same Court before us in the upper Bench at Westminster it is considered, that the said G.H. should have his Execution against the said A. B. and C.D. of the Debt and Damages aforesaid, according to the force, form, an effect of the Recognizance by them the said A.B and C.D. for the said E.F. in the Court before us in the up∣per Bench at Westminster, to the said G.H. acknowledged, whereof the said A.B. and C.D. are convicted, as it doth

likewise as to us upon Record. And the said Sheriff of Middlesex, at that day returned to us, that the said A.B. and C.D. are not found in his Bailiwick; whereupon on the be∣half of the said G.H. in the same Court before us in the upper Bench at Westminster, it is sufficiently testified that the said A.B. and C.D. do lurk and sculk in the City of London, therefore we command you that you take them, if they shal be found in your Bailiwick, and them safely keep, so that you have their Bodies before us in the upper Bench at Westminster, on Thursday next after, &c. To satisfie the said G.H. of the Debt and Damages aforesaid. And then you have here this Writ;

witnesse H. Roll at Westmin∣ster, &c.

A Super∣sedeas upon a ca. sa. for Manu∣captors.

THe Keepers, &c.

to the Sheriff of London greeting,

whereas by our Writ we have lately commanded you that you should take A.B. and C.D. if they had bin found in your Bailiwick: And them safely keep, so that you should have their Bodies before us in the upper Bench at West. on Thursday next after, &c. to satisfie G.H. of thirteen pounds of Debt, and also of one and twenty shillings for his Damages which he sustained, as well by occasion of de∣taining of that Debt, as for his Costs and Charges by him about his Suit in that behalf expended, whereof the said E.F. is convicted, as it doth appear to us of Record: And whereupon in the same Court before us, it is considered, that the said G. H. should have his execution against the said A.B. and C.D. of the Debt and Damages aforesaid, ac∣cording to the force, form, and effect of the recognisance, by them the said A.B. and C.D. for the said E.F. in the Court before us in the upper Bench at Westminster, to the said G.H. acknowledged, and because the said G.H. in the Court before us in the upper Bench at Westminster comes and acknowledges himself to be satisfied of the Debt and Damages aforesaid, therefore we command you that you for ever supersede from further taking, imprisoning, de∣taining, attaching, or them the said A. B. and C.D. or ei∣ther of them in any thing molesting; and if you take them or either of them for that cause (and no other) then with∣out delay at your perill you cause to be delivered, them

and either of them from your Prison and Custody (if they or either of them is, or are detained for that cause and no other) and suffer them to goe at liberty;

witness H. Roll at Westminster, &c.