







 
   
     
       
         Curia comitatus rediviva. Or, The pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. Also an easie and plaine method for the keeping of the court. Attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. With an exact table of all the particulars in the book. By W. Greenwood philomath.
         Greenwood, Will.
      
       
         
           1657
        
      
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         99833951
         38430
         
           
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             Curia comitatus rediviva. Or, The pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. Also an easie and plaine method for the keeping of the court. Attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. With an exact table of all the particulars in the book. By W. Greenwood philomath.
             Greenwood, Will.
          
           [8], 175, 116-117, [15] p.
           
             printed for John Place, at Furnivalls Inne gate, and William Place at Grayes Inne gate Holborn,
             London :
             1657.
          
           
             The word "philomath" is in Greek characters.
             With an index and five final advertisement pages.
             Imperfect: tightly bound with some loss of print.
             Reproduction of original in the British Library.
          
        
      
    
     
       
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         eng
      
       
         
           County courts -- England -- Early works to 1800.
           Sheriffs -- England -- Early works to 1800.
           Coroners -- England -- Early works to 1800.
        
      
    
     
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             Curia
             Comitatus
             Rediviva
          
           .
           OR
           ,
           THE
           PRATIQUE
           PART
           
             Of
             the
             County-Court
             revived
          
           ,
           Fully
           demonstrating
           its
           antiquity
           and
           proceedings
           from
           the
           Originall
           to
           Execution
           ,
           and
           all
           manner
           of
           actions
           lying
           in
           it
           .
        
         
           
             Also
             an
             easie
             and
             plaine
             method
             for
             the
             keeping
             of
             the
             Court.
             Attachments
             and
             Distresses
             at
             large
             explained
             ,
             Returnes
             of
             Writs
             which
             do
             remove
             suites
             out
             of
             this
             Court
             ,
             into
             superiour
             Courts
             ,
             Presidents
             of
             Precepts
             ;
             both
             Originall
             and
             Iudiciall
             ,
             to
             which
             is
             added
             some
             select
             Presidents
             of
             Declarations
             and
             Pleadings
             .
          
           With
           an
           exact
           Table
           of
           all
           the
           particulars
           in
           the
           book
           .
        
         
           By
           
             W.
             GREENWOOD
          
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           .
        
         
           Ipsae
           etiam
           leges
           cupiunt
           ut
           jure
           regantur
           .
        
         
           LONDON
           ,
           Printed
           for
           
             John
             Place
          
           ,
           at
           Furnivalls
           Inne
           gate
           ,
           and
           
             William
             Place
          
           at
           Grayes
           Inne
           gate
           Holborn
           ,
           1657.
           
        
      
       
         
         
         
         
         
         
         
         
           To
           the
           Reader
           .
        
         
           
             KIND
             READER
             ,
          
        
         
           Considering
           the
           utilitie
           and
           profit
           a
           peece
           of
           this
           nature
           would
           produce
           to
           the
           Countrey
           ,
           prest
           me
           forwards
           (
           out
           of
           profound
           and
           authentick
           Authors
           )
           to
           demonstrate
           the
           antiquitie
           ,
           justness
           ,
           and
           Iurisdiction
           
           of
           this
           Court
           ;
           for
           the
           more
           the
           Country
           knows
           it
           ,
           and
           the
           practice
           thereof
           ,
           the
           more
           they
           will
           love
           and
           affect
           it
           ;
           
             ignoti
             nulla
             cupido
          
           .
           I
           cannot
           comprehend
           how
           any
           one
           part
           or
           theame
           may
           be
           more
           useful
           ,
           to
           and
           for
           the
           Countrey
           ,
           and
           consequently
           more
           generally
           expetible
           and
           wished
           for
           ,
           than
           the
           practicall
           knowledge
           
           of
           this
           Court
           ,
           for
           who
           almost
           is
           there
           within
           its
           jurisdiction
           ,
           that
           is
           not
           ,
           or
           may
           not
           sue
           and
           be
           sued
           in
           it
           ?
           so
           that
           here
           they
           may
           read
           and
           understand
           how
           their
           causes
           doe
           proceed
           ,
           and
           what
           ;
           and
           how
           far
           the
           power
           &
           force
           of
           every
           precept
           ,
           and
           warrant
           doth
           extend
           ,
           and
           what
           the
           fees
           are
           ;
           and
           that
           they
           may
           ,
           as
           with
           a
           touchstone
           
           try
           and
           examin
           the
           actions
           and
           proceedings
           of
           their
           Atturneys
           .
           I
           must
           confess
           my
           early
           experience
           (
           in
           this
           discours
           )
           in
           comparison
           to
           some
           of
           the
           more
           grave
           and
           ancient
           practicers
           ,
           is
           but
           as
           a
           drop
           of
           water
           to
           an
           overflowing
           bucket
           .
           Therfore
           if
           I
           have
           omitted
           any
           thing
           in
           the
           practice
           ,
           or
           comitted
           any
           error
           in
           the
           
           method
           ,
           I
           hope
           (
           
             Juvenilis
             mea
             aetas
             considerata
          
           )
           I
           shall
           without
           difficulty
           obtain
           pardon
           ,
           and
           that
           they
           will
           (
           
             mitissimo
             aspectu
          
           )
           take
           it
           ,
           with
           all
           its
           faults
           ,
           in
           good
           part
           .
           And
           if
           this
           conduce
           to
           the
           benefit
           and
           advantage
           of
           the
           Country
           ,
           it
           is
           all
           that
           is
           hoped
           for
           ,
           and
           expected
           by
        
         
           
             Your
             assured
             friend
             ,
             W.
             G.
             
          
        
      
    
     
       
         
         
         
           
             Curia
             Comitatus
          
           .
           OR
           The
           Practique
           part
           of
           the
           County
           Court
           ,
           &c.
           
        
         
           
             Of
             the
             originall
             of
             Shires
             ,
             Shiriffs
             ,
             and
             the
             institution
             of
             this
             Court.
             
          
           
             BEfore
             I
             anotomise
             the
             practise
             of
             this
             Court
             ,
             I
             thought
             it
             conven●ent
             to
             produce
             it
             from
             its
             originall
             or
             prototype
             ,
             
               quia
               origô
               rerum
               attendenda
            
             .
             And
             first
             ,
             what
             the
             word
             Shire
             signifies
             .
          
           
             Shire
             ,
             is
             a
             Saxon
             word
             seyra
             ,
             and
             cometh
             of
             shiran
             
               (
               id
               est
               )
               partiri
            
             
             to
             divide
             ,
             as
             sayth
             Master
             Lambert
             in
             his
             explication
             of
             Saxon
             words
             ,
             
               verb.
               centur
            
             .
             And
             Master
             Cambden
             in
             his
             Britania
             reporteth
             ,
             that
             Alfred
             (
             a
             Saxon
             )
             King
             of
             England
             ,
             was
             the
             first
             that
             divided
             this
             Common-wealth
             into
             Shires
             ,
             those
             Shires
             into
             Ridings
             ,
             and
             those
             again
             into
             Wapentacks
             or
             Hundreds
             ,
             &c.
             
          
           
             The
             Republique
             being
             thus
             disunited
             or
             dissected
             into
             Shires
             ,
             every
             Shire
             is
             entirely
             governed
             by
             one
             Officer
             called
             a
             Sheriff
             ,
             or
             Shireeve
             ,
             Vice-comes
             ;
             being
             compounded
             of
             these
             two
             Saxon
             words
             ,
             scyr
             ,
             
               viz.
               Satrapia
            
             ,
             a
             Shire
             ,
             &
             reue
             ,
             
               viz.
               Praefectus
            
             a
             Governour
             of
             the
             Shire
             .
             Master
             Cambden
             thus
             describes
             his
             Office
             :
             
               Singulis
               vero
               annis
               ,
               nobilis
               aliquis
               ex
               incolis
               proficitur
               ,
               quem
               vice-comitem
               quasi
               vicarium
               comitis
               &
               nostra
               lingua
               Shireffe
               ,
               viz.
               comitatus
               praepositum
               vocamus
               .
            
          
           
             
             And
             he
             is
             called
             Vicount
             ,
             
               a
               Vice-comite
            
             ,
             which
             cometh
             from
             our
             Conquerours
             the
             Normans
             ,
             as
             Sheriff
             from
             our
             Ancestors
             the
             Saxons
             .
          
           
             The
             aforesaid
             King
             ,
             at
             the
             division
             
             of
             the
             Kingdom
             into
             Shires
             or
             Counties
             ,
             
             instituted
             this
             Court
             called
             the
             County
             Court
             ,
             and
             established
             Jurisdiction
             in
             it
             ;
             
             granting
             power
             and
             authority
             to
             the
             Sheriff
             to
             hear
             and
             decide
             such
             matters
             as
             by
             just
             cause
             of
             appelation
             (
             either
             for
             Law
             or
             Equity
             )
             should
             be
             brought
             unto
             him
             .
             This
             Court
             of
             the
             whole
             Shire
             (
             then
             called
             Scirezmove
             ,
             that
             is
             to
             say
             ,
             the
             assembly
             of
             the
             Shire
             ,
             was
             then
             (
             as
             also
             now
             )
             holden
             once
             every
             month
             ,
             upon
             a
             day
             certain
             ,
             the
             month
             being
             computed
             according
             to
             28.
             dayes
             in
             the
             month
             ,
             and
             not
             according
             to
             the
             Calendar
             .
             Of
             its
             antiquitie
             and
             jurisdiction
             ,
             you
             may
             read
             more
             recorded
             in
             the
             Statute
             of
             
               Magna
               Charta
               .
               cap.
            
             35.
             
             Likewise
             ,
             it
             may
             be
             searched
             further
             in
             the
             Laws
             of
             Edgar
             ,
             the
             Saxon
             King
             ,
             
             
               viz.
               Let
               no
               man
               seek
               to
               the
               King
               in
               matter
               of
               variance
               ,
               unless
               he
               cannot
               find
               right
               at
               home
               :
               But
               if
               it
               be
               too
               heavy
               for
               him
               ,
               then
               let
               him
               seek
               to
               the
               King
               to
               have
               it
               lightned
               .
            
             The
             very
             like
             whereof
             in
             effect
             is
             to
             be
             seen
             in
             the
             Laws
             of
             Canutus
             the
             Dane
             ,
             sometimes
             
             King
             of
             this
             Realm
             ;
             out
             of
             which
             Laws
             may
             be
             gathered
             four
             things
             :
             First
             ,
             that
             every
             man
             had
             means
             ,
             and
             was
             authorized
             to
             sue
             in
             this
             Court
             ,
             in
             their
             own
             Shire
             or
             County
             ;
             that
             no
             man
             ought
             to
             sue
             out
             of
             the
             County
             ,
             or
             to
             draw
             his
             Plea
             from
             thence
             without
             good
             cause
             :
             both
             which
             things
             do
             plainly
             appear
             in
             the
             Letter
             of
             this
             Law.
             Thirdly
             ,
             that
             the
             King
             himself
             had
             a
             high
             Court
             of
             Justice
             ,
             wherein
             it
             seemeth
             that
             he
             sate
             in
             person
             :
             as
             these
             words
             do
             demonstrate
             ,
             Let
             him
             not
             seek
             to
             the
             King
             ,
             &c.
             
             And
             lastly
             ,
             that
             the
             same
             Court
             of
             the
             Kings
             did
             judge
             ,
             not
             onely
             according
             to
             meer
             right
             ,
             and
             Law
             ,
             but
             also
             after
             equitie
             and
             good
             conscience
             .
             And
             after
             this
             order
             ,
             and
             in
             these
             two
             Courts
             ,
             was
             all
             Justice
             administred
             .
             This
             Court
             continuing
             (
             untill
             the
             time
             of
             William
             the
             Conqueror
             ,
             and
             ever
             since
             during
             the
             times
             and
             raigns
             of
             the
             antient
             Kings
             )
             and
             doth
             yet
             continue
             (
             in
             manner
             )
             the
             same
             forme
             ,
             and
             substance
             that
             it
             then
             was
             ,
             (
             and
             will
             do
             in
             despite
             of
             those
             sycophants
             ,
             that
             have
             had
             
             their
             
               primum
               mobile
            
             from
             it
             ,
             and
             now
             endeavour
             its
             subversion
             ,
             that
             viporous
             brood
             of
             Birds
             ,
             that
             have
             so
             much
             defiled
             their
             own
             Nest
             ,
             that
             the
             whole
             Country
             laughs
             at
             their
             folly
             ,
             and
             that
             the
             Pleas
             ought
             no
             more
             to
             be
             taken
             from
             it
             ,
             now
             in
             our
             dayes
             (
             without
             cause
             )
             than
             they
             ought
             then
             to
             have
             been
             ;
             which
             may
             evidently
             be
             proved
             by
             those
             antient
             Writs
             of
             
               Pone
               ,
               Recordare
            
             ,
             Writ
             of
             false
             judgement
             ,
             
               &
               accedeas
               ad
               curiam
            
             ,
             which
             are
             yet
             in
             use
             to
             this
             day
             ,
             and
             to
             this
             onely
             end
             to
             remove
             suits
             (
             upon
             cause
             )
             out
             of
             this
             Court
             into
             Superior
             Courts
             .
             But
             because
             this
             requireth
             great
             search
             of
             Records
             to
             make
             any
             further
             progression
             (
             whereunto
             I
             have
             no
             access
             )
             I
             must
             leave
             it
             to
             such
             whose
             abilities
             are
             more
             able
             ,
             and
             can
             better
             travail
             in
             that
             so
             intricate
             a
             path
             .
          
           
             This
             Court
             is
             no
             Court
             of
             Record
             ,
             
             but
             onely
             a
             Court
             Baron
             ,
             therefore
             Pleas
             holden
             in
             this
             Court
             by
             Plaint
             ,
             nor
             Pleas
             holden
             by
             Writ
             of
             Justices
             ,
             are
             not
             taken
             as
             matters
             of
             Record
             ,
             for
             those
             Pleas
             are
             holden
             by
             reason
             
             of
             the
             Court
             ,
             which
             the
             Sheriff
             holdeth
             by
             reason
             of
             his
             Office.
             
          
           
             
             This
             Court
             (
             as
             Dalton
             reporteth
             in
             his
             Office
             of
             Sheriffs
             )
             was
             ordained
             for
             the
             Sheriff
             to
             hold
             Plea
             ,
             there
             for
             particular
             or
             private
             matters
             (
             under
             fortie
             shillings
             )
             between
             partie
             and
             partie
             .
          
           
             
             It
             holdeth
             no
             Plea
             of
             Debt
             or
             damages
             to
             the
             value
             of
             fortie
             shillings
             or
             above
             ,
             because
             a
             Fine
             is
             due
             thereby
             to
             the
             Lord
             Protector
             ,
             yet
             if
             the
             Debt
             be
             fortie
             shillings
             or
             above
             ,
             and
             the
             Plaintiff
             will
             acknowledge
             in
             his
             Declaration
             the
             receipt
             of
             so
             much
             ,
             as
             to
             bring
             it
             within
             fortie
             shillings
             ,
             in
             this
             Case
             the
             Plaint
             is
             good
             .
          
           
             And
             of
             Debt
             ,
             Detinue
             ,
             Trespass
             ,
             and
             other
             Actions
             personall
             above
             fort
             shillings
             ,
             the
             Sheriff
             may
             hold
             Plea
             by
             force
             of
             a
             Writ
             of
             Justices
             to
             him
             directed
             ,
             for
             that
             is
             in
             nature
             of
             a
             Commission
             to
             him
             ,
             and
             is
             not
             returnable
             .
             Neither
             doth
             this
             Writ
             alter
             the
             nature
             of
             the
             Court
             ,
             for
             therein
             the
             Sheriff
             is
             not
             Judge
             ,
             
             but
             the
             Suitors
             ,
             yet
             all
             judgements
             shall
             be
             
             pronounced
             by
             the
             Sheriff
             .
          
           
             This
             Court
             may
             be
             kept
             at
             any
             place
             within
             the
             County
             ,
             at
             the
             pleasure
             of
             the
             Sheriff
             ,
             but
             not
             out
             of
             it
             .
          
           
             To
             this
             Court
             ,
             all
             persons
             dwelling
             within
             the
             County
             ,
             owe
             suit
             by
             reason
             of
             their
             resiance
             .
          
           
             No
             fine
             can
             be
             imposed
             in
             this
             Court
             upon
             any
             offender
             ,
             
             because
             it
             is
             no
             Court
             of
             Record
             .
          
           
             But
             a
             man
             may
             be
             amerced
             for
             a
             contempt
             ,
             
             or
             a
             disturbance
             of
             the
             Court
             ,
             in
             the
             presence
             of
             the
             Court.
             
          
           
             This
             Court
             will
             entertain
             no
             Suits
             for
             Charters
             of
             Land
             ,
             
             or
             for
             inheritance
             ,
             or
             for
             Free-hold
             of
             Land
             ,
             or
             for
             any
             titles
             to
             Land
             ,
             or
             to
             make
             several
             plaints
             upon
             one
             entire
             debt
             by
             bond
             ,
             or
             trespass
             ,
             
               vi
               &
               armis
            
             ,
             or
             actions
             touching
             life
             ,
             nor
             actions
             to
             cause
             one
             to
             render
             an
             account
             .
          
        
         
           
             The
             Office
             of
             the
             County
             Clarke
             .
          
           
             THe
             Sheriff
             being
             elected
             (
             before
             the
             next
             County
             day
             after
             his
             election
             )
             
             he
             ought
             to
             be
             very
             diligent
             in
             deputing
             and
             constituting
             a
             County
             Clark
             ,
             such
             a
             one
             as
             is
             sufficient
             and
             able
             to
             keep
             the
             Court
             ,
             that
             no
             corrupt
             dealing
             be
             in
             it
             ,
             as
             he
             will
             answer
             the
             contrary
             :
             and
             that
             he
             be
             very
             skilfull
             in
             entring
             the
             proceedings
             in
             it
             .
          
           
             He
             ought
             to
             enter
             no
             plaints
             (
             except
             in
             case
             of
             Replevins
             )
             out
             of
             Court
             ,
             but
             in
             full
             County
             ,
             
               sedente
               curiâ
            
             ,
             yet
             the
             course
             is
             otherwise
             at
             this
             day
             ,
             and
             (
             as
             it
             seems
             )
             good
             enough
             ,
             verifying
             the
             diverb
             ,
             
               communis
               error
               facit
               jus
            
             .
          
           
             He
             cannot
             execute
             the
             Office
             of
             a
             County
             Clarke
             ,
             and
             practice
             as
             an
             Atturney
             both
             at
             one
             time
             ,
             it
             being
             prohibited
             by
             the
             Statute
             of
             .
             1
             H.
             5.4
             .
             He
             cannot
             act
             any
             thing
             without
             the
             assent
             of
             the
             Suitors
             ;
             if
             he
             do
             ,
             an
             action
             of
             trespass
             lyeth
             against
             the
             Sheriff
             .
          
           
             He
             must
             be
             carefull
             in
             deputing
             honest
             able
             and
             sufficient
             men
             ,
             as
             Bayliffs
             ,
             for
             the
             executing
             of
             the
             Precepts
             issuing
             ou●
             of
             the
             Court.
             
          
           
             He
             must
             make
             sufficient
             Precepts
             
             after
             the
             plaints
             entred
             (
             but
             not
             before
             )
             against
             the
             Defendants
             ,
             directed
             to
             his
             Bayliffs
             ,
             to
             attach
             or
             warn
             the
             Defendants
             to
             appear
             at
             the
             next
             County
             Court
             ,
             and
             answer
             the
             Plantiff
             ;
             and
             if
             there
             be
             any
             default
             in
             the
             said
             Bayliffs
             in
             the
             execution
             of
             their
             Office
             according
             to
             the
             tenor
             of
             their
             Precept
             ,
             then
             they
             are
             to
             forfeit
             40
             shillings
             ,
             and
             to
             be
             convicted
             thereof
             by
             the
             examinations
             of
             the
             Justices
             of
             Peace
             ,
             or
             any
             of
             them
             .
          
           
             The
             County
             Clarke
             and
             Plantiff
             ,
             upon
             complaint
             of
             the
             party
             grieved
             ,
             may
             be
             examined
             by
             one
             Justice
             of
             Peace
             ,
             concerning
             the
             taking
             or
             entring
             of
             plaints
             in
             the
             County
             Court
             ,
             and
             booke
             against
             the
             Statute
             :
             If
             thereby
             the
             Justice
             find
             any
             fault
             or
             offence
             committed
             ,
             that
             shall
             stand
             for
             a
             sufficient
             conviction
             and
             attainder
             without
             any
             further
             inquirie
             or
             examination
             .
             And
             the
             said
             justice
             must
             certifie
             the
             examination
             within
             a
             quarter
             of
             a
             year
             into
             the
             Exchequer
             ,
             by
             the
             Statute
             of
             11.
             
             H.
             7.
             cap.
             15.
             
          
           
             At
             the
             adjourning
             of
             every
             Court
             
             he
             must
             appoint
             a
             day
             certain
             for
             the
             next
             Court
             ,
             to
             the
             intent
             the
             Countrey
             may
             know
             at
             what
             time
             they
             may
             resort
             thither
             to
             hear
             the
             Lord-Protectors
             writs
             of
             Exigent
             and
             Proclamations
             read
             .
          
        
         
           
             The
             Office
             of
             a
             Coroner
             in
             this
             Court.
             
          
           
             A
             Coroner
             is
             one
             of
             the
             Principall
             Officers
             of
             this
             Court
             ,
             being
             chosen
             in
             it
             (
             by
             a
             writ
             
               de
               Coronatore
               elegendo
            
             ,
             directed
             to
             the
             Sheriff
             )
             by
             the
             Free-holders
             or
             Suitors
             in
             open
             and
             full
             Court
             ,
             and
             is
             published
             there
             ,
             and
             after
             the
             Sheriff
             is
             to
             return
             and
             certifie
             into
             the
             Chancery
             the
             election
             of
             every
             such
             Coroner
             and
             their
             names
             ;
             likewise
             the
             County
             Clarke
             must
             there
             administer
             to
             the
             Coroner
             his
             oath
             for
             the
             due
             execution
             of
             his
             Office.
             
          
           
             The
             Coroner
             being
             thus
             chosen
             and
             sworn
             ,
             he
             is
             to
             sit
             there
             with
             the
             Sheriff
             at
             every
             County
             Court
             to
             give
             judgment
             upon
             Outlawries
             ,
             which
             judgment
             shall
             be
             given
             and
             pronounced
             
             by
             him
             in
             the
             5
             th
             County
             ,
             and
             there
             the
             Sheriff
             is
             to
             return
             the
             Outlawrie
             with
             the
             Exigent
             :
             But
             by
             this
             judgment
             no
             Goods
             are
             for
             ●●●d
             before
             the
             Outlawrie
             appear
             of
             Record
             :
             neither
             shall
             such
             an
             Outlawrie
             disable
             the
             partie
             .
          
           
             Exigents
             and
             Proclamations
             are
             to
             be
             proclaimed
             5.
             
             County
             dayes
             one
             after
             another
             ,
             
             and
             once
             in
             the
             open
             Sessions
             ,
             and
             once
             at
             the
             Parish-Church-dore
             ,
             where
             he
             doth
             or
             did
             lately
             dwell
             ,
             that
             he
             appear
             ,
             or
             else
             that
             he
             shall
             be
             Outlawed
             .
             And
             if
             Proclamation
             be
             made
             5.
             
             County
             dayes
             ,
             and
             at
             the
             5
             th
             County
             day
             the
             Defendant
             appear
             not
             ,
             then
             the
             Coroner
             shall
             give
             judgment
             that
             he
             shall
             be
             out
             of
             the
             protection
             of
             the
             Lord
             Protector
             ,
             and
             out
             of
             the
             ayde
             of
             the
             Law.
             F.N.B.
             163.
             
             But
             before
             I
             conclude
             this
             Chapter
             ,
             let
             me
             give
             you
             in
             brief
             ,
             why
             a
             man
             is
             said
             to
             be
             Outlawed
             ,
             and
             a
             woman
             wained
             ;
             viz.
             A
             man
             is
             said
             to
             be
             Outlawed
             ,
             
             because
             he
             was
             sworn
             to
             the
             Law
             :
             and
             now
             for
             his
             contumacy
             he
             is
             put
             from
             the
             Law
             ,
             and
             said
             Outlawed
             ,
             
             as
             it
             were
             ,
             
               extra
               legem
               possitus
            
             ;
             but
             a
             woman
             is
             not
             so
             ,
             but
             she
             is
             wained
             ,
             and
             not
             Outlawed
             ,
             because
             she
             was
             never
             sworn
             to
             the
             Law.
             
          
           
             If
             a
             writ
             of
             discharge
             of
             the
             ancient
             Sheriff
             be
             delivered
             to
             the
             County
             Clarke
             ,
             sitting
             in
             the
             County
             Court
             ,
             the
             authority
             of
             the
             said
             Sheriff
             (
             although
             absent
             )
             shall
             presently
             cease
             .
          
        
         
           
             Of
             Atturneys
             in
             this
             Court.
             
          
           
             IT
             was
             objected
             to
             me
             ,
             that
             no
             Atturney
             could
             legally
             practice
             in
             this
             Court
             ,
             and
             that
             every
             man
             ought
             to
             prosecute
             his
             own
             cause
             himself
             :
             but
             I
             shall
             give
             him
             a
             compendious
             answer
             with
             an
             Epitomy
             of
             the
             Statute
             of
             West
             .
             2.
             cap.
             10.
             that
             every
             man
             which
             oweth
             Suit
             to
             the
             County
             Court
             ,
             may
             make
             a
             generall
             Atturney
             to
             prosecute
             and
             follow
             his
             Suits
             in
             all
             Pleas
             :
             and
             an
             Atturney
             may
             do
             every
             thing
             in
             the
             name
             ,
             and
             as
             the
             act
             of
             him
             which
             gave
             him
             the
             authority
             ,
             as
             if
             he
             did
             it
             himself
             :
             
               qui
               per
               alium
               facit
               per
               seipsum
               faecere
               videtur
               :
            
             likewise
             
             these
             Statutes
             following
             institute
             Atturneys
             in
             the
             County
             Court
             ,
             viz.
             6.
             
             E.
             1.
             cap.
             8.20
             .
             H.
             3.
             cap.
             10.
             
             F.N.B.
             156.
             
             I
             could
             instance
             many
             more
             ,
             but
             I
             hope
             this
             is
             sufficient
             to
             stop
             the
             black
             mouth
             of
             a
             scurrilous
             antagonist
             .
          
        
         
           
             What
             Actions
             may
             be
             brought
             in
             this
             Court.
             
          
           
             Having
             precipated
             my self
             thus
             far
             ,
             before
             I
             enter
             upon
             the
             proceedings
             of
             the
             Court
             ;
             I
             will
             demonstrate
             the
             grounds
             and
             cause
             of
             proceedings
             ,
             and
             that
             is
             ,
             actions
             ,
             which
             is
             the
             form
             of
             a
             Suit
             ,
             given
             by
             Law
             to
             recover
             a
             mans
             right
             :
             therefore
             what
             actions
             will
             hold
             in
             this
             Court
             ,
             take
             as
             follow
             .
          
           
             All
             actions
             of
             Debt
             ,
             either
             upon
             an
             account
             made
             by
             the
             parties
             for
             wages
             after
             a
             hire
             ,
             summs
             of
             money
             owing
             or
             due
             from
             one
             man
             to
             another
             ,
             whether
             by
             writings
             or
             otherwise
             ,
             it
             is
             grounded
             sometimes
             by
             writing
             ,
             as
             an
             obligation
             ,
             bill
             ,
             covenant
             ,
             or
             other
             especialitie
             :
             sometimes
             
             without
             writing
             as
             an
             arbitrament
             ,
             receit
             money
             lent
             ,
             parol
             ,
             contracts
             or
             the
             like
             .
          
           
             All
             actions
             of
             detinue
             ,
             Trover
             ,
             and
             Conversion
             ,
             deceit
             upon
             a
             warranty
             ,
             a
             delivery
             ,
             nusance
             ,
             case
             for
             scandalous
             words
             ,
             case
             upon
             Assumpsit●
             ,
             and
             other
             actions
             of
             the
             case
             ,
             as
             for
             a
             dog
             killing
             Cattle
             ,
             abusing
             a
             distress
             ,
             spoyling
             my
             goods
             ,
             &c.
             
             Actions
             of
             trespass
             ,
             assault
             and
             battery
             ,
             &c.
             
          
           
             All
             these
             actions
             would
             afford
             very
             much
             matter
             to
             treat
             of
             at
             large
             ,
             (
             but
             least
             it
             should
             swell
             beyond
             its
             limits
             )
             I
             will
             referr
             you
             to
             the
             reading
             of
             the
             Law
             (
             in
             one
             Volume
             )
             learn'dly
             epitomiz'd
             by
             Mr.
             Shepheard
             .
          
        
         
           
             Within
             what
             time
             Actions
             must
             be
             brought
             .
          
           
             
             ALL
             Actions
             of
             Debt
             grounded
             upon
             any
             lending
             or
             contract
             ,
             as
             book-debt
             ,
             without
             especialty
             ,
             and
             for
             rents
             in
             arrear
             :
             all
             actions
             of
             trespass
             ,
             
               quare
               clausum
               fregit
            
             ,
             actions
             of
             Trespass
             ,
             Trover
             ,
             Detinue
             ,
             and
             Replevin
             
             for
             taking
             away
             Goods
             and
             Chattells
             ,
             actions
             of
             account
             ,
             all
             actions
             of
             the
             case
             (
             except
             actions
             for
             slander
             ,
             which
             shall
             be
             sued
             ,
             must
             be
             commenced
             and
             brought
             within
             six
             years
             after
             the
             cause
             of
             such
             action
             or
             suit
             acrewed
             ,
             if
             the
             Plantiffe
             be
             then
             of
             full
             age
             ,
             discovert
             ,
             
               Compos
               mentis
            
             ,
             at
             Libertie
             ,
             out
             of
             prison
             and
             in
             England
             ;
             otherwise
             within
             such
             time
             after
             he
             becomes
             so
             ,
             and
             not
             after
             .
          
           
             All
             actions
             of
             Trespass
             ,
             for
             Assault
             ,
             Menace
             ,
             Battery
             ,
             wounding
             and
             imprisonment
             ,
             within
             four
             years
             after
             the
             cause
             of
             action
             ,
             and
             not
             after
             .
          
           
             All
             actions
             of
             the
             Case
             for
             words
             ,
             within
             two
             years
             next
             after
             the
             words
             spoken
             ,
             and
             not
             after
             .
          
        
         
           
             Who
             may
             bring
             actions
             ,
             and
             who
             not
             .
          
           
             IDiots
             ,
             mad
             men
             ,
             
             or
             such
             as
             have
             
               lucida
               intervalla
            
             ,
             such
             as
             are
             deaf
             and
             dumb
             ,
             or
             any
             other
             man
             ,
             woman
             or
             child
             (
             except
             persons
             disabled
             by
             Law
             )
             being
             wronged
             ,
             nay
             bring
             the
             proper
             action
             appointed
             for
             remedy
             
             in
             that
             case
             ;
             and
             all
             ,
             or
             any
             of
             these
             wronging
             others
             may
             be
             sued
             .
             And
             if
             an
             Idiot
             sue
             or
             be
             sued
             ,
             he
             must
             do
             it
             in
             person
             .
          
           
             An
             Infant
             must
             sue
             by
             
               Proahein
               amy
            
             ,
             and
             being
             sued
             ,
             must
             defend
             by
             Guardian
             .
          
           
             A
             Feme
             Covert
             cannot
             sue
             but
             with
             her
             Husband
             .
          
           
             An
             Outlawed
             person
             is
             disabled
             to
             sue
             any
             action
             against
             any
             man
             in
             any
             Court
             of
             Law
             or
             Equitie
             ,
             (
             yet
             as
             Executor
             he
             may
             sue
             ,
             beeause
             it
             is
             not
             in
             his
             own
             right
             ,
             but
             in
             trust
             for
             another
             )
             but
             any
             man
             may
             sue
             him
             ,
             by
             
               Coo.
               sup
               .
               Lit.
            
             128.
             
             A
             man
             that
             is
             attainted
             in
             a
             Premunire
             ,
             may
             not
             sue
             in
             any
             action
             ,
             idem
             .
             129.
             
             And
             a
             man
             that
             is
             a
             convict
             Reculant
             is
             disabled
             ,
             so
             long
             as
             he
             so
             continues
             .
          
           
             But
             note
             ,
             all
             these
             disabilities
             remain
             during
             the
             continuation
             of
             the
             same
             impediment
             .
          
           
             No
             Barretor
             can
             maintain
             any
             action
             in
             this
             Court
             ,
             nor
             have
             judgement
             ,
             unless
             it
             be
             required
             by
             all
             the
             Suitors
             .
             Westm
             .
             1
             Cap.
             3.
             
          
        
         
           
           
             Of
             Pledges
             in
             this
             Court.
             
          
           
             PLedges
             are
             obsolete
             ,
             except
             it
             be
             for
             such
             as
             live
             out
             of
             the
             County
             ,
             or
             out
             of
             the
             Jurisdiction
             of
             the
             Court
             ,
             or
             such
             as
             are
             unmarried
             ,
             that
             have
             no
             Goods
             distrainable
             ,
             and
             it
             is
             if
             these
             be
             Plantiffs
             :
             and
             if
             the
             Defendant
             should
             Non-suit
             the
             Plantiff
             ,
             and
             have
             judgment
             against
             the
             Plantiff
             and
             his
             Pledge
             .
             I
             never
             yet
             saw
             the
             form
             of
             that
             judiciall
             precept
             ,
             that
             ever
             issued
             out
             to
             levie
             the
             costs
             upon
             the
             pledges
             goods
             .
          
        
         
           
             Of
             the
             proceedings
             in
             the
             Court.
             
          
           
             BEcause
             I
             would
             not
             have
             the
             Country
             and
             young
             practisers
             ignorant
             of
             the
             proceedings
             in
             the
             Court
             ,
             which
             is
             the
             life
             of
             practice
             ;
             I
             thought
             it
             necessary
             to
             make
             an
             abridgment
             of
             the
             terms
             of
             Law
             ,
             now
             used
             in
             the
             proceedings
             .
             And
             first
             of
             Appearance
             ,
             because
             it
             is
             the
             first
             thing
             done
             after
             Goods
             attached
             .
          
           
             The
             first
             thing
             the
             Defendant
             in
             any
             Action
             or
             Suit
             is
             to
             do
             ,
             
             is
             to
             appear
             ,
             and
             shew
             himself
             in
             person
             ,
             or
             by
             an
             Atturney
             in
             the
             Court
             to
             answer
             the
             Action
             and
             defend
             the
             Suit.
             
          
           
           
             
             He
             may
             also
             appear
             by
             an
             Essoyne
             which
             doth
             delay
             the
             cause
             a
             Court
             day
             longer
             ;
             (
             The
             common
             Essoyne
             is
             
               de
               male
               vener
            
             )
             and
             if
             he
             do
             not
             appear
             the
             next
             Court
             ,
             then
             it
             passeth
             by
             default
             ,
             Judgement
             entred
             ,
             and
             Execution
             issues
             out
             against
             his
             Goods
             and
             Chattels
             .
             But
             after
             the
             Defendant
             hath
             once
             appeared
             in
             the
             Court
             by
             an
             Atturney
             ,
             there
             shall
             be
             no
             Essoyn
             allowed
             .
          
           
             
             But
             if
             he
             appear
             neither
             by
             an
             Atturney
             ,
             nor
             by
             essoyn
             ,
             then
             further
             process
             issues
             out
             against
             his
             Goods
             and
             Chattels
             ,
             viz.
             the
             Precept
             of
             
               Duc.
               Tec.
            
             )
             and
             Attachment
             ,
             and
             Distress
             upon
             Attachment
             infinite
             ,
             untill
             he
             do
             appear
             .
          
           
             
             After
             the
             Process
             executed
             ,
             the
             Plantiff
             is
             to
             appear
             and
             file
             his
             Declaration
             ,
             to
             shew
             his
             cause
             of
             Action
             ,
             or
             matter
             of
             complaint
             ,
             in
             which
             must
             be
             shewn
             who
             complaineth
             ,
             and
             against
             whom
             ,
             for
             what
             matter
             ,
             how
             ,
             and
             in
             what
             manner
             the
             action
             grew
             between
             the
             parties
             ,
             and
             at
             what
             time
             and
             place
             the
             wrong
             was
             done
             ;
             and
             in
             conclusion
             he
             must
             averr
             and
             
             proffer
             to
             prove
             his
             Suit
             ,
             
             and
             shew
             the
             damage
             he
             hath
             sustained
             by
             wrong
             done
             unto
             him
             .
             Speciall
             care
             ought
             to
             be
             had
             that
             it
             be
             drawn
             in
             manner
             and
             form
             ,
             yet
             by
             the
             Statute
             of
             36.
             
             E.
             3.
             cap.
             15.
             a
             Declaration
             shall
             be
             good
             ,
             if
             it
             have
             matter
             of
             substance
             ,
             though
             the
             terms
             be
             not
             apt
             ;
             however
             to
             avoyd
             doubts
             ,
             and
             that
             the
             Atturneys
             may
             not
             altogether
             depend
             upon
             uncertainties
             ,
             let
             them
             be
             diligent
             in
             taking
             right
             and
             due
             instructions
             from
             their
             Clyents
             ,
             and
             inform
             themselves
             of
             every
             punctilio
             which
             may
             be
             materially
             incident
             to
             the
             case
             ,
             that
             so
             they
             may
             know
             what
             manner
             of
             action
             is
             most
             proper
             to
             be
             brought
             on
             the
             behalf
             of
             their
             Clyents
             .
             
          
           
             In
             some
             cases
             manner
             and
             form
             is
             chiefly
             to
             be
             looked
             at
             ,
             but
             in
             other
             some
             not
             altogether
             so
             materiall
             .
             As
             if
             an
             action
             of
             Debt
             be
             brought
             of
             the
             sale
             of
             a
             horse
             for
             5l.
             
             (
             where
             the
             bargain
             was
             for
             two
             horses
             )
             the
             Defendant
             pleads
             that
             he
             oweth
             him
             nothing
             in
             manner
             and
             form
             :
             the
             Jury
             ought
             to
             find
             for
             the
             Defendant
             ,
             
             for
             that
             ,
             that
             the
             bargain
             was
             for
             two
             
             horses
             for
             5l.
             so
             manner
             and
             form
             there
             is
             materiall
             ,
             and
             parcell
             of
             their
             charge
             ,
             
             and
             so
             it
             is
             in
             every
             case
             ,
             where
             the
             action
             varies
             from
             the
             bargain
             or
             speciall
             matter
             .
          
           
             But
             if
             an
             action
             of
             the
             Case
             be
             brought
             by
             the
             husband
             alone
             ,
             upon
             an
             Assumpsit
             to
             him
             by
             R.
             the
             Defendant
             saith
             ,
             
             he
             did
             not
             assume
             in
             manner
             and
             forme
             ,
             and
             the
             Plaintiff
             gives
             in
             evidence
             of
             an
             Assumpsit
             made
             to
             his
             wife
             ,
             and
             his
             agreement
             to
             it
             afterwards
             ,
             this
             is
             good
             ,
             and
             manner
             ,
             and
             form
             is
             not
             materiall
             .
          
           
             Or
             if
             a
             Trespass
             were
             done
             the
             4
             th
             .
             day
             of
             May
             ,
             and
             the
             Plaintiff
             declareth
             the
             same
             to
             be
             done
             the
             5
             th
             .
             or
             the
             1.
             day
             of
             May
             ,
             when
             no
             trespass
             was
             committed
             ,
             yet
             if
             upon
             Evidence
             it
             falleth
             out
             that
             the
             trespass
             was
             done
             before
             the
             action
             brought
             ,
             it
             sufficeth
             ,
             19.
             
             H.
             6.47
             .
             5.
             
             E.
             4.5
             .
             21.
             
             E.
             4
             66.
             
             And
             Litt
             ,
             saith
             ,
             that
             the
             Jury
             may
             find
             the
             Defendant
             guilty
             at
             another
             day
             then
             the
             Plantiff
             supposeth
             ,
             for
             the
             Law
             of
             England
             respecteth
             more
             the
             effect
             and
             substance
             of
             the
             matter
             ,
             than
             every
             
             nicitie
             of
             form
             and
             circumstance
             :
             
               apices
               juris
               non
               sunt
               jura
            
             .
          
           
             Note
             that
             in
             actions
             of
             Debt
             upon
             Emisset
             for
             wares
             ,
             for
             money
             or
             other
             things
             lent
             ,
             upon
             an
             
               in
               simul
               computassent
            
             ,
             actions
             of
             Trespass
             ,
             Battery
             ,
             or
             upon
             the
             Case
             ,
             &c.
             you
             are
             not
             tyed
             to
             lay
             the
             certain
             day
             ;
             but
             you
             may
             lay
             it
             any
             time
             after
             the
             cause
             of
             action
             accrewed
             .
          
           
             A
             declaraton
             is
             sometimes
             called
             a
             Count
             ,
             
             as
             Count
             in
             Debt
             .
             Kitch
             .
             281.
             
             Count
             in
             trespass
             ,
             
               Brit.
               cap.
            
             26.
             
             Count
             in
             an
             action
             of
             trespass
             upon
             the
             case
             for
             a
             slander
             ,
             Kitch
             .
             251.
             
             But
             a
             Count
             it
             is
             more
             properly
             used
             in
             Reall
             than
             Personall
             actions
             :
             And
             a
             Declaration
             more
             applyed
             to
             Personall
             than
             Reall
             .
             
               F.
               N.
               B.
            
             18.
             a.
             60.
             
             
               D.
               N.
            
             71.
             a.
             191.6
             .
             217.
             a.
             
          
           
             If
             after
             Process
             executed
             the
             Plaintiff
             do
             not
             appear
             and
             file
             his
             Declaration
             ,
             
             and
             the
             Defendant
             do
             appear
             upon
             such
             default
             ,
             the
             Plantiff
             is
             nonsuited
             ,
             and
             the
             Defendant
             may
             enter
             Judgment
             ,
             and
             have
             an
             Execution
             for
             his
             costs
             .
          
           
             In
             every
             case
             where
             the
             Plaintiff
             
             may
             have
             costs
             against
             the
             Defendant
             there
             ,
             if
             the
             Plaintiff
             be
             nonsuit
             ,
             or
             a
             verdict
             pass
             against
             him
             ,
             the
             Defendant
             shall
             have
             his
             costs
             ,
             as
             in
             trespass
             ,
             debt
             ,
             covenant
             by
             specialty
             ,
             or
             upon
             contract
             ,
             detinue
             ,
             accounts
             ,
             actions
             upon
             the
             Case
             ,
             or
             upon
             the
             Statute
             for
             personall
             wrongs
             ,
             23.
             
             H.
             8.
             cap.
             15.
             
          
           
             
             After
             the
             Plaintiff
             hath
             appeared
             and
             Declaration
             filed
             ,
             upon
             the
             appearance
             of
             the
             Defendant
             ,
             Emparlance
             is
             to
             be
             entred
             :
             Emparlance
             is
             ,
             when
             the
             Defendant
             ,
             being
             to
             answer
             the
             Suit
             or
             Action
             of
             the
             Plaintiff
             ,
             desireth
             some
             time
             of
             respite
             to
             advise
             himselfe
             the
             better
             what
             he
             shall
             answer
             ,
             being
             nothing
             else
             but
             a
             continuance
             of
             a
             Cause
             till
             a
             further
             day
             .
          
           
             
             I
             had
             forgot
             to
             lay
             open
             unto
             you
             this
             word
             Continuance
             ,
             had
             not
             the
             foregoing
             piece
             put
             me
             in
             minde
             of
             it
             ,
             and
             it
             is
             this
             ;
             After
             a
             Suit
             is
             begun
             and
             the
             Plaintiff
             hath
             declared
             ,
             he
             must
             continue
             his
             suit
             from
             Court
             day
             to
             Court
             day
             ,
             or
             else
             the
             adverse
             party
             may
             take
             advantage
             of
             it
             ,
             and
             this
             is
             called
             a
             Continuance
             ,
             being
             
             but
             only
             a
             prorogueing
             of
             a
             suit
             from
             time
             to
             time
             ,
             to
             keep
             it
             in
             being
             ;
             And
             this
             is
             by
             the
             Act
             ,
             or
             Order
             of
             the
             Court
             ,
             and
             sometimes
             by
             the
             agreement
             of
             the
             Atturneys
             of
             both
             parties
             .
          
           
             This
             Rule
             ,
             
             or
             
               dies
               datus
            
             is
             when
             further
             day
             is
             given
             to
             the
             Plantiff
             to
             put
             in
             his
             Declaration
             ,
             or
             to
             the
             Defendant
             ,
             to
             put
             in
             his
             answer
             :
             the
             time
             given
             is
             usually
             14.
             dayes
             ,
             or
             more
             of
             lesse
             according
             to
             the
             order
             of
             the
             Court
             ,
             
             and
             the
             agreement
             of
             their
             Atturneys
             .
          
           
             The
             next
             Court
             after
             the
             filing
             of
             the
             Declaration
             ,
             the
             Defendant
             is
             to
             put
             in
             his
             Answer
             ,
             which
             he
             pleadeth
             and
             saith
             in
             Barr
             ,
             to
             avoid
             the
             Action
             of
             the
             Plaintiff
             ,
             either
             by
             confession
             and
             avoidage
             ,
             
             or
             denying
             the
             materiall
             parts
             thereof
             .
          
           
             If
             issue
             be
             not
             joyned
             upon
             the
             answer
             ,
             then
             the
             Plantiff
             is
             to
             file
             his
             Replication
             to
             the
             answer
             of
             the
             Defendant
             ,
             which
             must
             affirm
             and
             pursue
             his
             Declaration
             .
          
           
             Then
             the
             Defendant
             must
             put
             in
             his
             Rejoynder
             to
             the
             Plaintiffes
             Replication
             ,
             
             which
             must
             pursue
             and
             confirm
             his
             answer
             ;
             for
             every
             Replication
             
             ought
             to
             have
             these
             two
             properties
             specially
             ,
             that
             is
             ,
             it
             ought
             to
             be
             a
             sufficient
             answer
             to
             the
             Replication
             ,
             and
             also
             to
             follow
             and
             enforce
             the
             matter
             of
             the
             bar
             .
          
           
             
             If
             the
             parties
             be
             not
             at
             issue
             by
             reason
             of
             some
             new
             matter
             disclosed
             in
             the
             Defendants
             Rejoynder
             that
             requireth
             answer
             ;
             then
             may
             the
             Plantiff
             Surrejoyn
             to
             the
             said
             Rejoynder
             ,
             if
             there
             be
             cause
             ,
             but
             it
             falleth
             out
             very
             seldome
             .
             This
             Surrejoynder
             is
             a
             second
             defence
             of
             the
             Plantiffes
             Declaration
             opposite
             to
             the
             Defendants
             rejoynder
             .
          
           
             
             When
             the
             Declaration
             ,
             Answer
             ,
             Replication
             &c.
             are
             defective
             in
             respect
             of
             some
             circumstance
             of
             time
             or
             place
             &c.
             it
             may
             be
             remedied
             by
             consent
             of
             the
             Court
             ,
             or
             parties
             ,
             or
             by
             a
             motion
             to
             the
             steward
             .
          
           
             
             
               Non
               sum
               informatus
            
             ,
             is
             a
             formall
             answer
             of
             course
             made
             by
             an
             Atturny
             ,
             whereby
             he
             is
             deemed
             to
             leave
             his
             Clyent
             undefended
             ,
             and
             Judgment
             passeth
             for
             the
             adverse
             partie
             .
          
           
             
             It
             is
             a
             failing
             to
             put
             in
             an
             answer
             to
             the
             Declaration
             of
             the
             Plantiff
             ,
             (
             in
             
             any
             action
             )
             by
             the
             day
             assigned
             ,
             which
             if
             a
             man
             do
             ,
             Judgment
             shall
             pass
             against
             him
             ,
             because
             he
             saith
             nothing
             to
             the
             contrary
             .
             
               
                 
                   To
                   an
                   action
                   of
                   Debt
                   upon
                   specialty
                   .
                
                 
                   Not
                   his
                   Deed.
                   
                   
                
              
               
                 
                   To
                   an
                   action
                   of
                   Debt
                   for
                   money
                   lent
                   ,
                   &c.
                   
                
                 
                   He
                   ows
                   nothing
                   by
                   the
                   Country
                   .
                
              
               
                 
                   To
                   a
                   Bond
                   for
                   performance
                   of
                   Covenants
                   upon
                   an
                   Indenture
                   ,
                   or
                   an
                   Arbitrament
                   .
                
                 
                   Not
                   his
                   Deed
                   or
                   not
                   guilty
                   .
                
              
               
                 
                   To
                   an
                   action
                   of
                   the
                   Case
                   upon
                   an
                   Assumpsit
                   .
                
                 
                   He
                   did
                   not
                   assume
                   .
                
              
               
                 
                   To
                   an
                   action
                   of
                   Trespass
                   .
                
                 
                   Not
                   guilty
                   .
                
              
               
                 
                   To
                   an
                   action
                   of
                   Assault
                   ,
                   and
                   Battery
                   ,
                   and
                   Slander
                   .
                
                 
                   Not
                   guilty
                   .
                
              
            
             To
             a
             Contract
             without
             Deed
             ,
             
             the
             Plea
             is
             payment
             ,
             or
             an
             Obligation
             made
             for
             the
             Debt
             ,
             &c.
             
             To
             an
             Obligation
             ,
             the
             Plea
             is
             payment
             ,
             
             or
             a
             new
             Obligation
             taken
             for
             the
             Debt
             ,
             &c.
             
             But
             to
             plead
             payment
             to
             an
             Obligation
             is
             no
             Plea
             without
             an
             acquittance
             :
             For
             an
             Obligation
             ,
             or
             other
             matter
             in
             writing
             may
             not
             be
             
             discharged
             by
             an
             agreement
             by
             word
             but
             by
             writing
             :
             
               unumquodque
               dissoluitur
               ,
               eo
               modo
               quo
               colligatur
               .
            
          
           
             
             To
             an
             action
             of
             Debt
             he
             owes
             nothing
             by
             the
             Country
             ,
             or
             by
             the
             Law
             ,
             or
             paid
             .
          
           
             
             If
             the
             action
             be
             brought
             against
             an
             Executor
             or
             Administrator
             ,
             the
             ordinary
             Plea
             is
             ,
             that
             he
             never
             was
             Executor
             ,
             or
             hath
             fully
             Administred
             &c.
             
          
           
             
             If
             the
             suit
             be
             upon
             a
             Deed
             ,
             or
             contract
             without
             Deed
             ,
             that
             he
             was
             within
             age
             when
             he
             made
             the
             Deed
             or
             contract
             .
          
           
             
             If
             it
             be
             against
             a
             woman
             ,
             that
             she
             was
             covert
             :
             that
             is
             to
             say
             ,
             had
             a
             husband
             when
             she
             made
             the
             Deed
             or
             contract
             .
          
           
             
             If
             upon
             an
             Arbitrament
             ,
             that
             there
             was
             no
             Arbitrament
             legally
             made
             ,
             or
             that
             he
             hath
             performed
             the
             award
             .
          
           
             
             If
             upon
             an
             action
             of
             Trespass
             ,
             Damage
             Feasant
             ,
             that
             the
             beasts
             came
             in
             by
             the
             default
             of
             the
             inclosure
             of
             the
             Plantiff
             ,
             or
             that
             he
             hath
             little
             of
             common
             there
             &c.
             
          
           
             
             If
             upon
             an
             action
             brought
             for
             
             Rent
             ,
             that
             there
             is
             no
             Rent
             in
             arrear
             ,
             &c.
             
          
           
             To
             an
             action
             of
             Detinue
             ,
             
             that
             he
             doth
             not
             detain
             the
             thing
             sued
             for
             :
             A
             release
             ,
             or
             a
             gift
             to
             him
             by
             the
             Plantiff
             ,
             or
             that
             he
             did
             tender
             the
             thing
             sued
             for
             before
             action
             brought
             ,
             that
             the
             Defendant
             did
             deliver
             it
             to
             him
             as
             pledge
             for
             ten
             shillings
             ,
             which
             he
             hath
             not
             paid
             ,
             &c.
             
          
           
             To
             an
             action
             of
             the
             Case
             for
             Slander
             :
             not
             guilty
             ,
             or
             justifie
             the
             words
             .
             
          
           
             Case
             upon
             a
             warranty
             ,
             
             that
             he
             did
             not
             warrant
             ,
             &c.
             
          
           
             Upon
             a
             specialty
             ,
             
             Plead
             ,
             conditions
             performed
             ,
             by
             Threats
             ,
             Duress
             ,
             Imprisonment
             .
          
           
             Upon
             a
             Demise
             ,
             not
             demised
             .
             
          
           
             Upon
             an
             Account
             ,
             as
             receiver
             ,
             
             never
             receiver
             :
             he
             ought
             not
             to
             render
             an
             Account
             ,
             &c.
             
          
           
             To
             trespass
             ,
             not
             guilty
             ,
             
             an
             Arbitrament
             ,
             tender
             of
             amends
             before
             the
             Action
             brought
             ,
             &c.
             
          
           
             If
             divers
             men
             do
             a
             trespass
             ,
             
             and
             one
             makes
             a
             good
             accord
             ,
             this
             will
             discharge
             ,
             and
             be
             a
             bar
             to
             all
             the
             rest
             .
             Cook.
             9.79
             .
          
           
           
             
             If
             Free-hold
             be
             pleaded
             ,
             the
             Court
             in
             that
             cause
             can
             proceed
             no
             further
             .
             There
             are
             diverse
             p'eas
             to
             an
             action
             of
             trespass
             ,
             some
             of
             one
             nature
             ,
             and
             some
             of
             another
             ,
             as
             justification
             &c.
             
             If
             the
             Defendant
             have
             matter
             of
             justification
             or
             excuse
             to
             plead
             ,
             he
             must
             be
             sure
             to
             plead
             it
             specially
             ,
             for
             if
             he
             plead
             the
             generall
             issue
             ,
             viz.
             not
             guilty
             ,
             it
             will
             be
             found
             against
             him
             ;
             But
             now
             by
             the
             late
             Act
             ,
             made
             the
             23.
             of
             Octob.
             1650.
             the
             Defendant
             may
             plead
             the
             generall
             issue
             of
             not
             guilty
             ,
             or
             such
             like
             generall
             plea
             ,
             and
             give
             the
             speciall
             matter
             in
             Evidence
             .
          
           
             
             Every
             plea
             must
             be
             offered
             to
             be
             proved
             true
             ,
             by
             saying
             in
             the
             plea
             ;
             
               And
               this
               is
               he
               ready
               to
               verifie
               ,
            
             and
             this
             is
             termed
             an
             averment
             .
          
           
             
             If
             tender
             of
             issue
             come
             on
             the
             Defendants
             part
             ,
             the
             form
             is
             ,
             
               And
               of
               this
               he
               putteth
               himself
               upon
               the
               Country
               .
            
          
           
             
             If
             on
             the
             part
             of
             the
             Plantiff
             it
             is
             
               And
               this
               he
               prayeth
               may
               be
               inquired
               of
               by
               the
               Countrey
               .
            
          
           
             If
             issue
             be
             taken
             upon
             these
             Pleas
             ,
             and
             a
             Jury
             thereupon
             warned
             to
             appear
             
             to
             try
             them
             ,
             the
             Jury
             appearing
             ,
             the
             parties
             may
             have
             their
             Chalenges
             .
          
        
         
           
             Chalenge
             of
             Jurors
             .
          
           
             CHalenge
             is
             said
             to
             be
             where
             there
             is
             evident
             favour
             ,
             as
             kindred
             ,
             
             &c.
             the
             Juror
             of
             Aliance
             servant
             beares
             malice
             ,
             and
             hath
             some
             Action
             against
             chalenger
             ;
             Juror
             a
             gossipe
             of
             the
             Plantiff
             ;
             Juror
             master
             to
             the
             Plantiff
             :
             the
             Juror
             eate
             at
             the
             Plantiffes
             cost
             ,
             or
             take
             money
             for
             his
             charges
             .
             If
             the
             Juror
             was
             chosen
             arbitrator
             for
             one
             party
             ,
             but
             otherwise
             where
             he
             was
             chosen
             indifferent
             for
             them
             ;
             The
             Sheriff
             or
             Bayliff
             which
             make
             the
             pannell
             ,
             is
             of
             the
             Plant●ffes
             kindred
             :
             those
             who
             have
             been
             attaint
             of
             false
             Oath
             .
             or
             were
             seen
             on
             the
             Pillory
             ,
             or
             against
             whom
             there
             was
             Judgement
             of
             life
             or
             member
             ;
             Those
             who
             pretend
             to
             have
             some
             right
             in
             the
             thing
             demanded
             :
             the
             Juror
             Outlawed
             ,
             if
             the
             Record
             be
             shown
             :
             Juror
             attaint
             of
             conspiracy
             :
             the
             Sheriff
             being
             Plantiff
             ,
             &c.
             
          
           
             Having
             now
             brought
             the
             Jury
             to
             
             the
             Bar
             ,
             and
             that
             they
             prove
             all
             honest
             men
             ,
             being
             sworn
             let
             them
             stand
             to
             the
             Bar
             ,
             and
             hear
             their
             Evidence
             .
          
           
             
             If
             a
             full
             Jury
             do
             not
             appear
             ,
             as
             many
             as
             make
             default
             ,
             may
             be
             amerced
             :
             If
             the
             verdict
             find
             matter
             incertainly
             ,
             or
             ambiguously
             ,
             it
             is
             insufficient
             ,
             and
             no
             Judgement
             ought
             to
             be
             given
             thereupon
             :
             as
             if
             an
             Executor
             plead
             
               plene
               Administravit
               ,
               viz.
            
             fully
             Administred
             of
             all
             the
             Goods
             and
             Chat●els
             which
             were
             of
             the
             Testator
             :
             and
             issue
             is
             joyned
             thereupon
             ,
             and
             the
             Jury
             find
             that
             the
             Defendant
             hath
             Goods
             within
             his
             hands
             to
             be
             Administred
             ,
             but
             find
             not
             of
             what
             value
             ,
             this
             is
             incertain
             ,
             and
             there
             insufficient
             .
          
           
             
             A
             Verdict
             that
             findeth
             part
             of
             the
             issue
             ,
             and
             finding
             nothing
             for
             the
             residue
             ,
             this
             is
             insufficient
             for
             the
             whole
             ,
             because
             they
             have
             not
             tryed
             the
             whole
             issue
             wherewith
             they
             were
             charged
             ;
             But
             if
             the
             Jury
             give
             a
             Verdict
             of
             the
             whole
             issue
             ,
             and
             of
             more
             &c.
             
             That
             which
             is
             more
             is
             surplusage
             ,
             and
             shall
             not
             stay
             Judgement●
             for
             
               utile
               per
               inutile
               non
               vitiatur
            
             ,
             
             but
             necessary
             incidents
             required
             by
             the
             Law
             ,
             the
             Jury
             may
             find
             .
          
        
         
           
             The
             manner
             of
             keeping
             the
             Court.
             
          
           
             THe
             Sheriff
             at
             the
             first
             County
             Court
             ,
             which
             shall
             be
             after
             his
             election
             and
             discharge
             of
             the
             old
             Sheriff
             ,
             must
             read
             his
             patent
             and
             writ
             of
             assistance
             ,
             and
             nominate
             his
             under-Sheriff
             ▪
             the
             County
             Clarke
             ,
             and
             4.
             
             Deputies
             (
             at
             the
             least
             )
             of
             Replevins
             for
             the
             ease
             of
             the
             County
          
           
             Then
             enter
             the
             stile
             of
             the
             Court
             ,
             in
             this
             manner
             ,
             viz.
             
          
           
             
               
                 Y.
                 ss
              
               .
               The
               stile
               of
               the
               Court.
               
            
             The
             first
             County
             Court
             of
             
               I.
               B.
            
             
               Esq
            
             Sheriff
             of
             the
             County
             aforesaid
             ,
             held
             at
             the
             Castle
             of
             Y.
             on
             Munday
             Court.
             the
             7
             th
             .
             day
             of
             July
             ,
             1656.
             
          
           
             Then
             command
             the
             Bayliff
             to
             make
             Proclamation
             3.
             times
             
               O.
               yes
               &c.
            
             
             
          
           
             All
             manner
             of
             Persons
             that
             have
             any
             thing
             to
             do
             at
             the
             County
             Court
             holden
             here
             this
             day
             ,
             before
             
               I.
               B.
            
             
               Esq
            
             Sheriff
             of
             the
             County
             of
             Y.
             come
             forth
             and
             give
             your
             attendance
             .
             
          
           
             Command
             the
             Bayliff
             to
             make
             
             Proclamation
             again
             ,
             
               O
               yes
               ,
               &c.
            
             
          
           
             All
             manner
             of
             Persons
             keep
             silent
             ,
             and
             heare
             the
             Lord
             Protectors
             writs
             of
             Exigent
             and
             Proclamation
             read
             .
          
           
             A
             Coroner
             is
             to
             be
             there
             then
             present
             ,
             to
             pronounce
             Judgement
             of
             Outlawrie
             ,
             against
             those
             that
             do
             not
             appear
             upon
             the
             Exigent
             and
             Proclamation
             at
             the
             5
             th
             .
             County
             .
          
           
             
             Command
             the
             Bayliff
             the
             3d.
             time
             to
             make
             an
             
               O
               yes
               &c.
            
             
          
           
             Essoyns
             and
             proffers
             (
             before
             the
             Court
             3.
             times
             )
             for
             this
             day
             .
             And
             then
             say
             ;
             If
             any
             man
             will
             be
             essoyned
             ,
             or
             enter
             any
             Plaints
             ,
             let
             them
             come
             forth
             ,
             and
             they
             shall
             be
             heard
             .
          
           
             
             Then
             enter
             your
             plaint
             in
             this
             manner
             .
          
           
             
               A.
               B.
            
             against
             
               C.
               D.
            
             of
             a
             plea
             of
             Debt
             .
          
           
             Then
             call
             the
             Plantiff
             thus
             ,
          
           
             
               A.
               B.
            
             app●ar
             ,
             or
             thou
             loseth
             thy
             plaint
             ;
             3.
             times
             .
          
           
             If
             he
             appear
             by
             an
             Atturney
             ,
             then
             enter
             his
             warrant
             of
             Atturney
             ,
             viz.
             the
             2.
             first
             letters
             of
             his
             name
             ,
             over
             the
             name
             of
             the
             Plantiff
             ,
             and
             then
             file
             his
             Declaration
             .
             
          
           
           
             Then
             call
             the
             Defendant
             .
          
           
             
               C.
               D.
            
             appear
             and
             answer
             
               A.
               B.
            
             in
             an
             action
             of
             Debt
             ,
             (
             or
             as
             the
             case
             is
             )
             or
             thou
             forfeits
             thy
             Goods
             distrain'd
             ,
             and
             further
             process
             will
             be
             awarded
             against
             thee
             .
             If
             he
             appear
             ,
             then
             enter
             his
             appearance
             ,
             and
             an
             Imparlance
             ,
             to
             put
             in
             his
             answer
             (
             to
             the
             Plantiffes
             Declaration
             )
             the
             next
             Court.
             
          
           
             When
             the
             Defendant
             hath
             put
             in
             his
             answer
             ,
             If
             the
             Plantiff
             joyne
             issue
             ,
             
             they
             may
             proceed
             to
             try
             all
             the
             next
             Court
             day
             (
             except
             they
             proceed
             further
             by
             Replication
             ,
             Rejoynder
             ,
             &c.
             )
          
           
             If
             it
             be
             at
             issue
             ,
             
             send
             out
             a
             
               venire
               facias
            
             ,
             to
             summon
             the
             Jury
             ,
             and
             the
             
               Habeas
               Corp.
            
             
          
           
             Then
             enter
             on
             the
             head
             of
             the
             pannell
             thus
             .
          
           
             Jury
             betwixt
             
               A.
               B.
            
             Plantiff
             and
             
               C.
               D.
            
             Defendant
             ,
             in
             a
             Plea
             of
             Debt
             .
          
           
             When
             they
             are
             brought
             to
             the
             Barre
             ,
             command
             the
             Bayliff
             to
             make
             Proclamation
             &c.
             
          
           
             You
             good
             men
             that
             be
             impannel'd
             to
             try
             the
             issue
             between
             
               A.
               B.
            
             Plantiff
             ,
             and
             
               C.
               D.
            
             Defendant
             ,
             answer
             to
             
             your
             names
             ,
             every
             man
             upon
             the
             first
             call
             ,
             upon
             pain
             and
             perill
             that
             shall
             fall
             thereon
             .
          
           
             If
             12.
             appear
             ,
             then
             swear
             them
             one
             by
             one
             ,
             in
             this
             manner
             .
          
           
             
             You
             shall
             well
             and
             truely
             try
             this
             issue
             ,
             between
             partie
             and
             partie
             ,
             according
             to
             your
             Evidence
             ,
             so
             help
             you
             God.
             
          
           
             And
             as
             they
             are
             sworn
             ,
             enter
             by
             every
             mans
             name
             Jur.
             that
             is
             to
             say
             
               juratus
               est
            
             ,
             he
             is
             sworn
             .
          
           
             Being
             all
             sworn
             bid
             them
             stand
             together
             to
             hear
             their
             Evidence
             .
          
           
             Then
             swear
             the
             Witness●s
             .
          
           
             
             The
             Evidence
             that
             you
             shall
             give
             to
             this
             Inquest
             ,
             shall
             be
             the
             truth
             ,
             the
             whole
             truth
             ,
             and
             nothing
             but
             the
             truth
             ,
             so
             help
             you
             God.
             
          
           
             Then
             let
             the
             Jury
             depart
             from
             the
             Bar
             ,
             to
             agree
             upon
             their
             Verdict
             .
          
           
             At
             their
             return
             ,
             command
             the
             Bayliff
             to
             call
             every
             one
             by
             their
             names
             ,
             and
             count
             them
             .
          
           
             Then
             ask
             them
             if
             they
             be
             all
             agreed
             on
             their
             Verdict
             :
          
           
             
               Jur.
               Y●a
               .
            
             
               Who
               shall
               say
               for
               you
               ?
            
          
           
             
               Jur.
               
            
             
               The
               Foreman
               .
            
          
           
             
             Then
             call
             the
             Plantiff
             ,
             
               A
               ,
               B.
            
             appear
             or
             thou
             looseth
             thy
             plaint
             ,
             3.
             times
             ask
             the
             Jury
             if
             they
             will
             stand
             to
             their
             Verdict
             :
          
           
             
               Jur.
               
            
             
               Yea.
               
            
          
           
             
               Whether
               do
               you
               finde
               for
               the
               Plantiff
               ,
               or
               for
               the
               Defendant
               ?
            
          
           
             
               Jur.
               
            
             
               For
               the
               Plantiff
               .
            
          
           
             
               What
               damages
               ?
            
          
           
             
               Jur.
               2d.
            
             
               What
               costs
               of
               Suit
               ?
            
          
           
             
               Jur.
               2d.
            
             
               Hearken
               to
               your
               Verdict
               ,
               this
               you
               say
               ,
               you
               finde
               for
               the
               Plantiff
               ,
               and
               assesse
               ,
               damages
               ,
               2d.
               and
               costs
               of
               Suit
               2d.
               so
               say
               you
               all
               ?
            
          
           
             
               Jur.
               
            
             
               Yea.
               
            
          
           
             Then
             bid
             the
             Plantiff
             pay
             the
             Jury
             .
          
           
             The
             Court
             being
             ended
             ,
             adjourn
             the
             Court
             to
             another
             day
             to
             be
             kept
             ,
             commanding
             the
             Bayliff
             to
             make
             Proclamation
             ,
             O
             yes
             ,
             &c.
             
          
           
             All
             manner
             of
             Persons
             ,
             
             which
             have
             any
             more
             to
             do
             at
             this
             Court
             ,
             let
             them
             come
             forth
             ,
             and
             they
             shall
             be
             heard
             ,
             otherwise
             they
             and
             every
             one
             else
             ,
             may
             depart
             for
             this
             time
             ,
             and
             keep
             their
             hour
             here
             on
             Munday
             
             the
             4
             th
             .
             day
             of
             August
             next
             by
             9.
             a
             clock
             in
             the
             morning
             ,
             &c.
             
          
           
             Now
             the
             Court
             being
             done
             ,
             and
             the
             Defendant
             condemned
             by
             Verdict
             ,
             then
             (
             Judgment
             being
             entred
             )
             
               a
               fieri
               facias
            
             shall
             be
             awarded
             to
             make
             levie
             of
             his
             Goods
             ,
             and
             thereupon
             the
             Defendants
             Goods
             shall
             be
             taken
             ,
             praised
             and
             sold
             ,
             to
             satisfie
             the
             partie
             Plantiff
             ,
             and
             if
             the
             Defendant
             have
             no
             Goods
             ,
             whereupon
             levie
             may
             be
             made
             ,
             then
             the
             Plantiff
             rests
             without
             remedie
             in
             this
             Court.
             
          
        
         
           
             Of
             Distress
             .
          
           
             COnsidering
             the
             many
             lacrymable
             wrongs
             the
             Country
             hath
             sustained
             by
             these
             Locusts
             ,
             that
             litigious
             generation
             of
             men
             ,
             a
             clamorous
             company
             ,
             
               qui
               ex
               injuria
               vivunt
            
             ,
             seminaries
             of
             discord
             ,
             worse
             than
             any
             poler
             by
             the
             high
             way
             side
             ,
             
               monstra
               hominum
               ,
               rabulas
               forenses
            
             ,
             irreligious
             harpies
             ,
             scraping
             griping
             Catchpoles
             ,
             monopolizing
             Bayliffs
             and
             corrupt
             Practisers
             ,
             and
             how
             much
             the
             ignorant
             people
             are
             abused
             and
             deceived
             ,
             
             yea
             ,
             many
             times
             (
             as
             the
             experience
             of
             many
             will
             inform
             us
             )
             ruined
             and
             utterly
             undone
             by
             them
             ,
             they
             being
             the
             sole
             causes
             of
             those
             ignominious
             aspersions
             cast
             upon
             the
             Court.
             Really
             ,
             the
             advantage
             that
             it
             would
             produce
             to
             the
             Common-wealth
             is
             inexplainable
             ,
             if
             the
             Statute
             of
             the
             1.
             
             H.
             5.
             cap.
             4.
             were
             observed
             ,
             that
             is
             ,
             that
             Sheriffs
             ,
             Bayliffs
             ,
             one
             year
             ,
             not
             to
             be
             in
             that
             Office
             in
             3.
             years
             after
             ,
             because
             by
             their
             continuall
             being
             in
             that
             Office
             ,
             they
             grow
             so
             cunning
             ,
             that
             they
             are
             able
             to
             deceive
             the
             Sheriff
             ,
             and
             ruine
             the
             whole
             Country
             ;
             Therefore
             ,
             that
             the
             Country
             be
             not
             altogether
             ignorant
             of
             their
             seeming
             authorized
             actions
             :
             I
             will
             declare
             what
             ,
             and
             when
             they
             may
             distrain
             ,
             and
             what
             ,
             and
             when
             they
             may
             not
             .
          
           
             But
             first
             ,
             to
             let
             you
             know
             what
             a
             distress
             is
             .
          
           
             A
             distress
             is
             either
             said
             to
             be
             reall
             (
             that
             is
             )
             when
             Land
             distrained
             upon
             a
             
               Grande
               cape
            
             ,
             or
             a
             
               petit
               cape
               ▪
            
             of
             which
             we
             have
             nothing
             to
             say
             here
             :
             or
             it
             is
             said
             to
             be
             personall
             ,
             where
             moveable
             things
             are
             distrained
             :
             and
             
             this
             is
             that
             we
             are
             to
             speak
             unto
             ,
             
             therefore
             a
             distress
             is
             where
             one
             doth
             take
             &
             distrain
             the
             beasts
             cattle
             and
             other
             things
             of
             another
             man
             in
             some
             ground
             or
             place
             for
             Debt
             ,
             Rent
             ,
             or
             other
             dutie
             behind
             ,
             or
             for
             some
             wrong
             or
             damage
             done
             .
          
           
             The
             Sheriff
             nor
             his
             Officers
             cannot
             break
             a
             mans
             house
             in
             the
             night
             time
             to
             execute
             any
             process
             ,
             or
             to
             do
             any
             ministeriall
             act
             :
             for
             the
             Law
             giveth
             no
             colour
             to
             break
             a
             mans
             house
             by
             night
             .
          
           
             No
             distress
             can
             be
             made
             in
             the
             night
             ,
             but
             for
             damage
             feasant
             .
          
           
             The
             Bayliff
             may
             attach
             a
             man
             by
             his
             Goods
             ,
             citing
             him
             to
             appear
             ,
             and
             answer
             such
             a
             day
             ,
             at
             such
             a
             mans
             Suit
             ,
             in
             such
             a
             Court
             ,
             and
             for
             such
             a
             cause
             ;
             Or
             he
             may
             onely
             give
             the
             Defendant
             warning
             (
             in
             the
             presence
             of
             2.
             others
             )
             to
             appear
             such
             a
             day
             ,
             in
             such
             a
             Court
             ,
             and
             at
             such
             a
             mans
             Suit
             ,
             &c.
             it
             is
             good
             enough
             ;
             and
             if
             an
             Attachment
             be
             made
             ,
             it
             must
             be
             of
             such
             Goods
             (
             of
             the
             Defendants
             own
             proper
             Goods
             )
             as
             are
             moveables
             ,
             viz.
             by
             meere
             Chattels
             Personalls
             ,
             
             which
             may
             be
             forfeited
             by
             Outlawrie
             ,
             and
             not
             immoveables
             .
          
           
             A
             Bayliff
             cannot
             sever
             horses
             joynd
             to
             a
             Cart.
             
          
           
             Sheep
             may
             not
             be
             distrained
             ,
             if
             there
             be
             a
             sufficient
             distress
             besides
             :
             No
             man
             shall
             drive
             a
             distress
             out
             of
             the
             County
             where
             it
             was
             taken
             .
          
           
             A
             distress
             may
             not
             be
             impounded
             in
             severall
             places
             upon
             payn
             of
             5l.
             and
             treble
             damages
             .
          
           
             A
             man
             cannot
             work
             Goods
             distrained
             ,
             nor
             convert
             them
             to
             his
             own
             use
             .
          
           
             The
             Goods
             of
             any
             man
             may
             be
             taken
             in
             any
             place
             within
             the
             County
             ,
             in
             another
             mans
             house
             and
             ground
             ,
             as
             well
             as
             in
             his
             own
             .
          
           
             If
             a
             Bayliff
             distrain
             or
             attach
             the
             horse
             of
             a
             master
             ,
             where
             the
             plaint
             is
             against
             the
             servant
             ,
             Trespass
             lyes
             for
             the
             master
             against
             the
             Bayliff
             ,
             for
             the
             Bayliff
             ought
             to
             take
             notice
             at
             his
             peril
             whose
             goods
             he
             distrains
             or
             attaches
             ,
             13.
             
             H.
             4.
             fo
             .
             2.14
             .
             H.
             4.24.11
             .
             H.
             4.90
             .
             and
             Doc.
             and
             Stud.
             139.
             
          
           
             After
             distress
             ,
             or
             attachment
             made
             ,
             
             if
             the
             Bayliff
             do
             not
             return
             his
             precept
             the
             next
             Court
             :
             Trespass
             lyeth
             against
             the
             Bayliff
             for
             the
             Defendant
             ,
             and
             an
             action
             of
             the
             Case
             lyes
             against
             him
             for
             the
             Plantiff
             ,
             for
             not
             returning
             of
             the
             precept
             ,
             10.
             
             E.
             4.
             fo
             .
             18.3
             .
             H.
             7.
             fo
             .
             3.
             
          
           
             By
             Choke
             .
             If
             one
             take
             beasts
             in
             the
             name
             of
             a
             distress
             ,
             he
             ought
             to
             put
             them
             in
             an
             open
             pound
             ,
             for
             that
             he
             which
             is
             distrained
             ,
             may
             give
             to
             them
             sustenance
             :
             but
             if
             he
             distrain
             dead
             Chattels
             ,
             he
             may
             put
             them
             where
             he
             will
             ,
             but
             if
             they
             spoyle
             in
             his
             default
             ,
             he
             must
             answer
             for
             them
             19.
             
             E.
             4.
             fo
             .
             2.
             b.
             
          
           
             If
             Goods
             distrained
             be
             put
             in
             an
             open
             pound
             ,
             and
             they
             dye
             ,
             it
             is
             the
             loss
             of
             the
             owner
             ,
             but
             if
             they
             be
             put
             in
             another
             places
             ,
             it
             is
             not
             so
             .
             39.
             
             H.
             8.
             
               ●i●l
               .
               distress
            
             6.
             
             He
             which
             distrains
             beasts
             may
             put
             them
             in
             a
             close
             house
             ,
             if
             he
             will
             give
             them
             meat
             ,
             for
             the
             putting
             of
             them
             in
             open
             pound
             ,
             is
             but
             to
             the
             intent
             ,
             that
             the
             owner
             may
             give
             them
             meat
             :
             1.
             and
             2.
             
             Phil.
             and
             
               Mar.
               cap.
            
             12.
             
               tit
               .
               distress
            
             .
             That
             no
             distress
             shall
             be
             driven
             out
             of
             the
             
             Hundred
             ,
             unless
             to
             the
             open
             pound
             ,
             nor
             above
             3.
             miles
             .
          
           
             Where
             a
             man
             distraineth
             Cattell
             for
             doing
             damage
             feasant
             ,
             or
             for
             rent
             ,
             or
             service
             ,
             and
             put
             them
             into
             the
             common
             pound
             ,
             or
             into
             another
             pound
             or
             place
             ,
             and
             he
             who
             hath
             property
             in
             the
             Cattle
             ,
             or
             other
             person
             taketh
             the
             Cattle
             out
             of
             the
             said
             pound
             ,
             and
             driveth
             them
             where
             he
             pleaseth
             ,
             he
             who
             distrained
             them
             ,
             may
             have
             a
             writ
             
               de
               parco
               fracto
               ,
               F.
               N.
               B.
            
             293.
             
             E.
             
          
           
             A
             man
             may
             not
             distrain
             for
             any
             Rent
             or
             thing
             done
             for
             any
             Land
             ,
             but
             upon
             the
             same
             Land
             that
             is
             charged
             therewith
             ;
             but
             in
             case
             where
             I
             come
             to
             distrain
             ,
             and
             the
             other
             seeing
             my
             purpose
             ,
             chaseth
             the
             beasts
             ,
             or
             beareth
             the
             thing
             out
             ,
             to
             the
             intent
             that
             I
             shall
             not
             take
             it
             for
             a
             distress
             upon
             the
             ground
             ,
             then
             I
             may
             well
             pursue
             ,
             and
             if
             I
             take
             it
             presently
             in
             the
             high
             way
             ,
             or
             in
             anothers
             ground
             ,
             the
             taking
             is
             lawfull
             as
             well
             there
             ,
             as
             upon
             the
             same
             Land
             charged
             ,
             to
             whomsoever
             the
             properties
             of
             the
             Goods
             be
             .
          
           
           
             If
             one
             distrain
             my
             Goods
             that
             are
             not
             distrainable
             by
             Law
             ,
             I
             may
             have
             a
             generall
             action
             of
             Trespass
             ,
             or
             an
             action
             of
             the
             Case
             against
             him
             at
             my
             chovce
             ,
             Coo.
             4.94
             .
          
           
             If
             one
             distrain
             my
             Kine
             great
             with
             calf
             ,
             and
             by
             driving
             they
             lose
             their
             calfes
             ,
             I
             may
             have
             an
             action
             of
             the
             Cafe
             ,
             
               F.
               N.
               B.
            
             86.
             
          
           
             If
             Goods
             be
             impounded
             in
             a
             close
             house
             ,
             or
             secret
             place
             ,
             so
             that
             the
             Defendant
             cannot
             come
             to
             feed
             them
             ,
             and
             the
             Goods
             do
             perish
             for
             want
             of
             sustenance
             ,
             the
             distrainer
             must
             pay
             for
             them
             ,
             33.
             
             H.
             8.
             
               tit
               .
               Distress
            
             ,
             66.
             
          
           
             If
             the
             distrainer
             give
             the
             Cattell
             meat
             in
             the
             pound
             ,
             he
             cannot
             compell
             the
             owner
             of
             the
             Cattell
             to
             pay
             for
             this
             ,
             for
             the
             distrainer
             is
             not
             compelled
             by
             Law
             to
             give
             them
             sustenance
             :
             and
             if
             they
             do
             agree
             after
             the
             distress
             upon
             a
             summe
             ,
             yet
             this
             is
             no
             excuse
             ,
             but
             it
             is
             for
             their
             deliverance
             ,
             if
             they
             do
             agree
             at
             the
             time
             of
             the
             distress
             taken
             that
             he
             should
             give
             them
             meat
             ,
             and
             that
             he
             should
             have
             xx
             s
             .
             (
             or
             a
             certain
             propounded
             
             summe
             )
             for
             the
             same
             ,
             this
             is
             a
             good
             bargain
             ,
             21.
             
             E.
             4.
             fo
             .
             53.
             
          
           
             An
             action
             of
             Trespass
             was
             brought
             upon
             the
             Statute
             ,
             that
             none
             shall
             be
             distrained
             by
             his
             Cattell
             in
             the
             Plough
             ,
             as
             long
             as
             any
             other
             reasonable
             distress
             may
             be
             had
             :
             and
             the
             Plantiff
             declared
             the
             taking
             to
             be
             against
             the
             Statute
             ,
             and
             did
             not
             specially
             shew
             that
             he
             had
             other
             Cattell
             to
             be
             distrained
             ,
             yet
             it
             was
             adjudged
             good
             for
             the
             Defendant
             to
             alledge
             this
             ,
             4.
             
             E.
             3.
             and
             18.
             
             E.
             2.
             
          
           
             Stuffe
             sent
             unto
             a
             Tayler
             ,
             Weaver
             ,
             Fuller
             ,
             Sheareman
             ,
             Miller
             ,
             &c.
             shall
             not
             be
             distrained
             ,
             for
             these
             Officers
             are
             necessary
             for
             the
             Common-wealth
             ,
             and
             the
             like
             Law
             is
             of
             and
             in
             a
             common
             Inne
             .
          
           
             A
             horse
             that
             a
             man
             rideth
             upon
             cannot
             be
             distrained
             ,
             
               Fitzherb
               .
               in
               rescous
            
             ,
             11.
             
               quod
               nota
            
             .
          
           
             If
             a
             man
             come
             into
             a
             common
             Inne
             ,
             his
             Goods
             and
             Beasts
             shall
             not
             be
             distrained
             there
             ,
             because
             then
             it
             would
             be
             prejudiciall
             to
             the
             Common-wealth
             .
          
           
             Also
             goods
             and
             chattels
             brought
             
             into
             a
             fair
             or
             market
             to
             be
             sould
             ,
             shall
             not
             be
             distrained
             ,
             
               per
               cur
               .
               Mich.
            
             7.
             
             H.
             7.
             fo
             .
             15.10
             .
             H.
             7.
             fo
             .
             21.
             
          
           
             Windowes
             ,
             Dores
             ,
             Tables
             fixed
             on
             a
             Post
             ,
             a
             Furnace
             ,
             Pales
             ,
             Timber
             ,
             Boards
             ,
             fixed
             on
             the
             ground
             ,
             Glasse
             ,
             &c.
             cannot
             be
             distrained
             ,
             nor
             forfeited
             by
             an
             Outlawrie
             :
             but
             if
             these
             are
             not
             used
             in
             a
             house
             ,
             but
             standers
             by
             ,
             then
             they
             may
             be
             distrained
             ,
             Mich.
             21.
             
             H.
             7.
             fo
             .
             13.
             
             Pas
             .
             14.
             fol.
             25.
             
             H.
             8.
             fo
             .
             25.
             
             Trin.
             21.
             
             H.
             7.
             fo
             .
             27.
             
          
           
             If
             a
             Bayliff
             come
             to
             a
             house
             to
             distrain
             ,
             the
             dores
             being
             fast
             shut
             and
             bared
             ,
             and
             with
             his
             hand
             through
             a
             crevice
             ,
             or
             hole
             ,
             did
             shove
             the
             bar
             ,
             and
             open
             the
             dore
             ,
             and
             did
             take
             out
             of
             the
             house
             2.
             
             Cowes
             ,
             in
             the
             name
             of
             a
             distress
             ,
             and
             because
             he
             did
             take
             a
             distress
             in
             this
             manner
             ,
             it
             was
             adjudged
             the
             distress
             to
             be
             wrongfull
             ,
             
               Abridgment
               Fizherb
               ,
               fo
            
             .
             296.
             
          
           
             No
             goods
             shall
             be
             distrained
             but
             the
             proper
             goods
             of
             the
             partie
             ,
             and
             not
             pledges
             ,
             nor
             yet
             borrowed
             goods
             ,
             35.
             
             H.
             6.
             fo
             .
             25.
             
               per.
               Moyle
               Justice
            
             ,
             And
             it
             is
             not
             of
             chattels
             reall
             ,
             as
             a
             
             lease
             for
             years
             ,
             nor
             of
             apparrell
             ,
             7.
             
             H.
             6.9
             .
          
           
             A
             distress
             made
             by
             the
             servant
             of
             the
             Bayliff
             is
             good
             ,
             27.
             
             Ass
             .
             6.7
             .
          
           
             If
             a
             man
             distrain
             cattel
             ,
             and
             they
             of
             their
             own
             accord
             come
             home
             again
             to
             the
             owner
             ,
             he
             which
             distrained
             them
             cannot
             take
             them
             again
             ,
             by
             reason
             of
             the
             first
             distress
             ,
             except
             he
             doth
             freshly
             follow
             them
             ,
             
               per
               Danby
               Justice
            
             ,
             because
             of
             the
             negligence
             of
             the
             distrainer
             ,
             9.
             
             E.
             4.
             fo
             .
             2.
             
          
           
             A
             horse
             cannot
             be
             distrained
             while
             the
             owner
             thereof
             is
             riding
             upon
             him
             ,
             or
             leading
             of
             him
             ,
             nor
             if
             he
             be
             tyed
             at
             a
             Mill
             ,
             and
             came
             thither
             with
             grist
             ,
             nor
             a
             horse
             tyed
             at
             a
             mans
             dore
             ,
             the
             owner
             being
             gone
             into
             the
             house
             on
             some
             business
             ,
             Pas
             .
             39.
             
             
               Eliz.
               Coo.
               B.
            
             adjudged
             .
          
           
             If
             a
             beast
             be
             unruly
             in
             the
             pound
             ,
             and
             is
             like
             to
             leape
             over
             the
             pound
             ,
             it
             seems
             the
             distrainer
             cannot
             justifie
             the
             tying
             of
             him
             to
             the
             pound
             ,
             nor
             the
             fettering
             of
             him
             .
             
               Broo.
               trespass
            
             250.27
             .
             
               Ass
               .
               pl.
            
             64.
             
          
           
             None
             shall
             distrain
             wrongfully
             upon
             the
             penalties
             provided
             upon
             the
             
             Statute
             of
             
               Marlb
               .
               Westm
            
             .
             1.16.3
             .
             E.
             1.
             
          
           
             None
             shall
             procure
             any
             to
             distrain
             another
             ,
             to
             make
             him
             appear
             at
             the
             County
             Court
             ,
             or
             any
             other
             inferiour
             Court
             ,
             on
             purpose
             to
             vex
             him
             ,
             and
             put
             him
             to
             charge
             and
             trouble
             ,
             on
             pain
             ,
             to
             make
             Fine
             to
             the
             
               Lord
               Protector
            
             ,
             and
             to
             pay
             the
             party
             grieved
             treble
             damages
             ,
             Westm
             .
             1.36.13
             .
             E.
             1.
             
          
           
             An
             ax
             that
             is
             in
             a
             mans
             hand
             cutting
             of
             wood
             ,
             nor
             goods
             that
             are
             impounded
             ,
             and
             in
             the
             custody
             of
             the
             Law
             ,
             cannot
             be
             distrained
             ,
             being
             distrained
             already
             ,
             damage
             feasant
             .
          
           
             If
             one
             distrain
             my
             cattell
             or
             goods
             without
             any
             cause
             or
             colour
             ,
             that
             is
             not
             good
             and
             just
             :
             or
             if
             a
             man
             having
             distrained
             my
             goods
             ,
             will
             not
             tell
             me
             requiring
             it
             ,
             and
             offering
             to
             give
             satisfaction
             for
             what
             cause
             he
             distrained
             them
             ,
             or
             if
             having
             cause
             to
             distrain
             ,
             he
             do
             distrain
             beasts
             not
             distrainable
             ,
             as
             beasts
             of
             the
             Plough
             ,
             or
             sheepe
             ,
             or
             if
             having
             distrain'd
             beasts
             distrainable
             ,
             he
             after
             abuse
             them
             ,
             as
             if
             being
             a
             horse
             or
             an
             oxe
             he
             work
             it
             ,
             
             or
             being
             unruly
             he
             fetter
             it
             ,
             or
             lay
             it
             so
             as
             it
             be
             thereby
             hurt
             ,
             or
             if
             he
             put
             the
             distress
             in
             an
             unknown
             place
             ,
             that
             I
             cannot
             tell
             how
             to
             come
             to
             it
             ,
             to
             feede
             it
             :
             or
             if
             he
             take
             them
             out
             of
             the
             County
             ,
             and
             put
             them
             in
             a
             pound
             in
             another
             County
             ,
             or
             if
             he
             distrain
             them
             in
             a
             place
             not
             distrainable
             :
             In
             all
             these
             Cases
             ,
             I
             may
             have
             an
             action
             of
             Trespass
             against
             him
             ,
             Coo.
             8.147
             .
             Doct.
             and
             St.
             112.
             
             
               F.
               N.
               B.
            
             47.
             
          
        
         
           
             What
             goods
             may
             be
             taken
             upon
             an
             Execution
             &c.
             
          
           
             THe
             Bayliff
             after
             Judgment
             may
             distrain
             the
             Defendants
             goods
             ,
             and
             detain
             the
             distress
             in
             his
             hands
             ,
             in
             safegard
             till
             the
             Defendant
             hath
             satisfied
             the
             Plantiff
             of
             the
             condemnation
             ,
             22.
             
             Ass
             .
             72.
             
             Statham
             ,
             11.
             
             
               Eliz.
               fo
            
             .
             93.
             
             
               F.
               N.
               B.
            
             165.
             and
             4.
             
             H.
             6.
             fo
             .
             17.
             action
             .
          
           
             Goods
             taken
             in
             Execution
             must
             be
             praised
             ,
             and
             Execution
             made
             of
             them
             ,
             27.
             
             Ass
             .
             72.
             
          
           
             Where
             erroneous
             Judgment
             is
             given
             ,
             the
             Officer
             which
             doth
             the
             
             Execution
             is
             excused
             ,
             22.
             
             Ass
             .
             64.
             
             Plowden
             ,
             194.
             
          
           
             But
             the
             contrary
             ,
             if
             Judgment
             be
             given
             ,
             that
             is
             void
             or
             voidable
             :
             for
             where
             Judgment
             and
             Execution
             is
             there
             of
             a
             thing
             whereof
             they
             have
             no
             jurisdiction
             ▪
             there
             Trespass
             lies
             against
             the
             Officer
             ,
             for
             executing
             it
             :
             but
             if
             Judgment
             be
             there
             but
             erroneous
             ,
             and
             so
             not
             void
             ,
             false
             Judgment
             lies
             ,
             and
             no
             Trespass
             against
             the
             Officers
             ,
             
               Plowsdens
               Com.
            
             394.
             
          
           
             If
             after
             Judgment
             a
             man
             doth
             sell
             his
             goods
             ,
             to
             defraude
             me
             of
             my
             Execution
             ,
             and
             nevertheless
             taketh
             the
             profits
             of
             them
             :
             if
             it
             be
             so
             found
             ,
             I
             may
             have
             Execution
             of
             the
             goods
             sould
             by
             fraude
             ,
             43.
             
             E.
             3.
             fo
             .
             2.22
             .
             Ass
             .
             72.50
             .
             E.
             3.
             
          
           
             If
             the
             Sheriff
             open
             or
             breaks
             any
             house
             to
             do
             Execution
             at
             the
             Suit
             of
             a
             common
             person
             ,
             the
             Execution
             is
             good
             ,
             but
             the
             partie
             ,
             whose
             house
             is
             broken
             ,
             may
             have
             an
             action
             of
             Trespass
             against
             him
             for
             the
             breaking
             of
             the
             house
             ,
             Coo.
             5.93.3
             .
          
           
             If
             the
             Sheriff
             levie
             money
             upon
             an
             Execution
             ,
             and
             give
             it
             to
             the
             Plantiff
             ,
             
             though
             he
             never
             make
             any
             return
             to
             the
             Court
             ,
             it
             is
             good
             enough
             ,
             Cook
             5.90.4.67.11.40.20
             H.
             6.24.4
             .
          
           
             If
             a
             man
             hath
             a
             Judgment
             in
             this
             Court
             against
             the
             Plaintiff
             ,
             or
             the
             defendant
             ,
             and
             the
             execution
             is
             deferred
             in
             favour
             of
             him
             ,
             the
             partie
             grieved
             may
             have
             a
             Writ
             
               de
               executione
               Judicii
            
             from
             above
             ,
             to
             hasten
             it
             .
             F.
             N.
             B.
             120.
             
          
           
             Goods
             pawned
             shall
             not
             be
             taken
             upon
             Execution
             ,
             for
             the
             debt
             of
             him
             which
             pawned
             them
             ,
             during
             the
             time
             they
             are
             pawned
             ,
             24
             H.
             8.
             
             Pledge
             28.
             
             &
             4
             E.
             6.
             distresse
             .
             75.
             
          
           
             By
             
               Fieri
               facias
            
             (
             or
             
               Levari
               facias
            
             )
             the
             Bayliff
             cannot
             break
             the
             door
             or
             chest
             to
             take
             goods
             in
             Execution
             ,
             for
             if
             he
             do
             ,
             trespass
             lyes
             against
             him
             for
             the
             breaking
             onely
             ,
             and
             not
             for
             taking
             the
             goods
             in
             Execution
             ,
             18
             E.
             4.
             fo
             .
             4.
             
             &
             13
             E.
             4.
             fo
             .
             9.
             by
             Choke
             ,
             notwithstanding
             ,
             8
             E.
             2.
             tit
             .
             Executors
             152.
             contrary
             .
          
           
             If
             a
             man
             letteth
             to
             farme
             by
             the
             year
             Oxen
             ,
             and
             cattell
             ,
             and
             after
             the
             
             lessee
             for
             years
             is
             condemned
             in
             an
             action
             of
             debt
             ,
             these
             cattell
             and
             Oxen
             demised
             ,
             during
             the
             terme
             ,
             cannot
             ,
             nor
             shall
             not
             be
             taken
             in
             Execution
             for
             this
             debt
             .
             22
             E.
             4.
             fo
             .
             10.
             
          
           
             A
             Bayliff
             cannot
             pull
             the
             latch
             to
             open
             the
             door
             ,
             if
             it
             be
             shut
             to
             make
             a
             distresse
             ,
             Coo.
             5.91.93
             .
             Dyer
             ,
             67.224
             .
             But
             if
             the
             out-door
             of
             the
             house
             be
             open
             ,
             the
             Sheriff
             may
             go
             into
             the
             house
             and
             take
             any
             thing
             there
             lyable
             to
             the
             Execution
             ,
             and
             being
             come
             in
             at
             the
             open
             door
             ,
             it
             seemes
             he
             may
             break
             open
             any
             of
             the
             inner
             doores
             ,
             18
             E.
             4.4
             .
             Coo.
             5.90
             .
             Cook
             4.74
             .
          
        
         
           
             Of
             the
             Replevin
             .
          
           
             CAttell
             being-distrained
             for
             Rent
             ,
             &c.
             the
             owner
             must
             go
             to
             the
             County
             Clerke
             (
             or
             some
             one
             of
             the
             Deputies
             appointed
             in
             the
             County
             :
             for
             the
             granting
             out
             of
             Replevins
             )
             to
             have
             a
             Replevin
             directed
             to
             the
             Bayliffs
             to
             Replevie
             them
             ,
             and
             the
             partie
             must
             be
             bound
             in
             an
             obligation
             to
             the
             Sheriff
             ,
             to
             prosecute
             his
             action
             against
             him
             ,
             or
             them
             that
             did
             take
             the
             cattell
             ,
             
             and
             to
             make
             returne
             of
             the
             same
             cattell
             to
             the
             distrainer
             ,
             if
             he
             by
             justification
             or
             avowrie
             do
             recover
             .
             And
             if
             he
             pursue
             it
             not
             ,
             or
             if
             it
             be
             found
             or
             judged
             against
             him
             ,
             then
             he
             that
             took
             the
             distresse
             ,
             shall
             have
             again
             the
             distresse
             ,
             and
             that
             is
             called
             the
             return
             of
             the
             beasts
             ,
             and
             he
             shall
             have
             in
             such
             case
             a
             Writ
             from
             above
             
               de
               Returno
               habendo
            
             .
          
           
             This
             Replevin
             may
             be
             removed
             out
             of
             the
             County
             into
             the
             Common
             Pleas
             by
             a
             Writ
             of
             Recordare
             .
          
           
             If
             the
             goods
             cannot
             be
             taken
             by
             the
             first
             Replevin
             ,
             then
             issues
             forth
             an
             alias
             ,
             then
             a
             plures
             ,
             then
             a
             
               toties
               quoties
            
             ,
             and
             if
             none
             of
             these
             will
             do
             ,
             then
             a
             Withernam
             .
          
           
             The
             sueing
             out
             of
             a
             Withernam
             is
             after
             this
             manner
             .
          
           
             If
             the
             Bayliff
             return
             at
             the
             next
             County
             ,
             upon
             the
             
               toties
               quoties
            
             ,
             that
             he
             cannot
             Replevie
             the
             cattell
             ,
             because
             they
             are
             esloyned
             ,
             or
             that
             he
             cannot
             have
             view
             of
             the
             cattell
             ,
             then
             the
             Sheriff
             ought
             to
             make
             inquirie
             if
             it
             be
             true
             which
             is
             returned
             ,
             and
             if
             it
             be
             so
             found
             out
             ,
             he
             
             shall
             make
             a
             precept
             to
             the
             Bayliff
             in
             the
             nature
             of
             a
             Withernam
             to
             take
             as
             many
             cattell
             of
             the
             other
             partie
             .
             And
             if
             the
             Bayliffs
             upon
             the
             Withernam
             thus
             awarded
             ,
             return
             that
             the
             other
             partie
             hath
             nor
             any
             thing
             ,
             &c.
             he
             shall
             have
             an
             al.
             and
             pl.
             and
             so
             
               ad
               infinitum
            
             ,
             and
             hath
             no
             other
             remedy
             in
             this
             Court.
             
          
           
             But
             now
             to
             return
             again
             to
             the
             Replevin
             ,
             if
             the
             thing
             distrained
             ,
             be
             put
             by
             the
             distraynor
             in
             a
             place
             where
             the
             Sheriff
             cannot
             come
             at
             them
             to
             make
             a
             replevie
             ,
             he
             may
             take
             
               posse
               Comitatus
               ,
               viz.
            
             the
             power
             of
             the
             County
             ,
             and
             after
             demand
             ,
             beat
             down
             the
             door
             or
             place
             ,
             where
             they
             are
             ,
             to
             take
             them
             ,
             and
             the
             owner
             of
             the
             goods
             shall
             recover
             double
             for
             his
             loss
             what
             ever
             it
             be
             .
          
           
             He
             that
             hath
             the
             Replevin
             must
             have
             either
             a
             generall
             or
             a
             speciall
             property
             in
             the
             thing
             ;
             as
             of
             goods
             pledged
             or
             the
             like
             ,
             and
             it
             must
             be
             in
             him
             at
             the
             time
             of
             the
             taking
             ,
             or
             otherwise
             he
             cannot
             have
             or
             maintain
             the
             Replevin
             for
             them
             .
          
           
             Divers
             mens
             cattell
             being
             taken
             ,
             they
             may
             not
             joyn
             in
             one
             Replevin
             ,
             
             but
             must
             have
             severall
             Replevins
             .
          
           
             If
             a
             man
             taketh
             and
             impoundeth
             goods
             ,
             a
             Replevin
             may
             be
             of
             more
             cattell
             than
             were
             impounded
             ,
             for
             if
             a
             man
             distrain
             Cowes
             or
             Ewes
             ,
             &c.
             they
             have
             in
             the
             pound
             Calves
             or
             Lambes
             ,
             the
             Plaintiff
             shall
             have
             a
             Replevin
             for
             them
             all
             ,
             and
             by
             Littleton
             it
             was
             adjudged
             ,
             Mich.
             8
             E.
             3.
             
             That
             if
             a
             man
             distraineth
             and
             impoundeth
             a
             Sow
             great
             with
             Piggs
             in
             the
             pound
             ,
             the
             owner
             shall
             have
             a
             Replevin
             for
             the
             Sow
             and
             the
             piggs
             .
          
           
             If
             cattell
             be
             distrained
             and
             a
             Replevin
             is
             sued
             ,
             the
             defendant
             doth
             avow
             for
             taking
             of
             them
             damage
             feasant
             ,
             or
             for
             rents
             ,
             customes
             and
             services
             ,
             and
             are
             at
             issue
             ,
             and
             after
             the
             plaintiff
             is
             non-suite
             ,
             or
             otherwise
             barred
             ,
             he
             shall
             loose
             his
             costs
             and
             damages
             ,
             by
             the
             Stat.
             of
             7
             H.
             6.
             cap.
             5.
             but
             by
             the
             Stat.
             21
             H.
             8.
             it
             is
             clear
             ,
             Pasc
             .
             14.
             
             
               Mar.
               Dyer
            
             .
             141.
             
          
        
         
           
           
             Of
             the
             nature
             ,
             and
             return
             of
             those
             Writs
             that
             do
             remove
             actions
             out
             of
             this
             Court
             into
             superior
             Courts
             .
          
           
             WRits
             removing
             suites
             out
             of
             this
             Court
             ,
             may
             be
             without
             shewing
             cause
             in
             the
             Writ
             ,
             ●●
             the
             remove
             be
             by
             the
             Plaintiff
             :
             but
             not
             without
             shewing
             good
             cause
             ,
             if
             it
             be
             by
             the
             defendant
             .
          
           
             And
             first
             of
             a
             Recordare
             .
          
           
             
             A
             Recordare
             is
             a
             writ
             issuing
             out
             of
             the
             upper
             Bench
             or
             Common
             pleas
             ,
             directed
             to
             the
             Sheriff
             ,
             
             commanding
             him
             to
             send
             a
             plaint
             that
             is
             before
             him
             in
             his
             County
             Court
             ,
             without
             writ
             of
             Justicies
             into
             the
             Court
             from
             whence
             the
             Recordare
             came
             ,
             to
             the
             end
             that
             the
             cause
             may
             be
             there
             determined
             .
             And
             the
             Sheriff
             is
             hereupon
             to
             summon
             the
             other
             partie
             to
             be
             in
             that
             Court
             ,
             into
             which
             the
             plaint
             is
             to
             be
             sent
             at
             a
             day
             certain
             ;
             And
             of
             all
             this
             ,
             he
             is
             to
             make
             a
             certificate
             under
             his
             own
             seal
             ,
             
             and
             the
             seals
             of
             four
             suitors
             of
             the
             same
             Court.
             
          
           
           
             By
             vertue
             of
             this
             writ
             to
             me
             directed
             ,
             at
             my
             County
             of
             Y.
             held
             at
             the
             Castle
             of
             Y.
             within
             written
             (
             such
             a
             day
             ,
             and
             year
             )
             to
             be
             Recorded
             ,
             I
             caused
             the
             the
             Plea
             ,
             of
             which
             within
             is
             made
             mention
             ,
             which
             appears
             in
             a
             Scedule
             to
             this
             writ
             annexed
             ,
             and
             that
             Record
             I
             have
             before
             the
             Justices
             within
             written
             ,
             at
             the
             day
             and
             place
             within
             contayned
             ,
             under
             my
             seal
             ,
             and
             the
             seals
             of
             
               W.
               H.
               E.
               R.
            
             &c.
             four
             good
             and
             legall
             Knights
             of
             the
             same
             County
             ,
             of
             them
             who
             at
             the
             Record
             present
             were
             ,
             &
             to
             the
             parties
             within
             written
             that
             day
             I
             have
             prefixed
             ,
             that
             then
             they
             be
             there
             in
             that
             Plea
             ,
             as
             just
             it
             may
             be
             to
             prosecute
             ,
             as
             within
             to
             me
             is
             commanded
             .
          
           
             The
             Residue
             of
             the
             Execution
             of
             this
             writ
             ,
             appears
             in
             a
             certain
             Scedule
             to
             this
             writ
             annexed
             .
          
           
             At
             my
             County
             Court
             held
             at
             the
             Castle
             of
             Y.
             in
             the
             County
             aforesaid
             ,
             
             such
             day
             and
             year
             ,
             before
             
               J
               R.
               M
               L.
               J.
               S.
            
             and
             
               S
               D.
            
             four
             suitors
             of
             the
             Court
             aforesaid
             amongst
             other
             matters
             is
             contained
             .
          
           
             Yo.
             ss
             .
             
               R
               S.
            
             complaineth
             again
             B.
             
             
             W.
             of
             a
             Plea
             of
             Debt
             ▪
             (
             or
             as
             the
             case
             requires
             .
             )
             
               J
               B.
            
             Esquire
             Sheriff
             Pledg
             .
             of
             
               Prosec
               .
               J
               S.
               J
               D.
            
             in
             testimony
             of
             &c.
             
          
           
             
             By
             venue
             of
             this
             writ
             to
             be
             Recorded
             ,
             I
             have
             caused
             the
             Plea
             which
             is
             in
             my
             County
             without
             writ
             of
             Oliver
             Lord
             Protector
             ,
             &c.
             betwixt
             
               A
               B.
            
             and
             
               C
               D.
            
             concerning
             the
             beasts
             of
             him
             the
             said
             
               A
               B.
            
             taken
             ,
             and
             unjustly
             detained
             ,
             as
             it
             is
             said
             ,
             and
             that
             Record
             I
             have
             before
             the
             Justices
             within
             written
             ,
             at
             the
             day
             and
             place
             within
             contained
             ,
             under
             my
             seal
             ,
             and
             the
             seals
             of
             
               E
               B.
               S
               D.
               R
               B.
            
             and
             
               J
               L.
            
             four
             legall
             Knights
             of
             my
             County
             ,
             of
             those
             who
             at
             that
             Record
             present
             were
             ,
             as
             it
             appeareth
             in
             a
             certain
             Schedule
             to
             this
             writ
             annexed
             ,
             according
             to
             the
             Exigencie
             of
             this
             writ
             .
          
           
             At
             my
             County
             held
             ,
             &c.
             as
             before
             .
             By
             vertue
             of
             this
             writ
             in
             form
             within
             written
             ,
             I
             came
             to
             the
             Court
             within
             written
             ,
             and
             in
             that
             full
             Court
             to
             be
             Recorded
             caused
             the
             Plea
             within
             written
             ;
             and
             that
             Record
             ,
             as
             it
             appeareth
             in
             a
             Schedule
             to
             this
             writ
             annexed
             ,
             I
             have
             before
             the
             Justices
             
             within
             written
             ,
             at
             the
             day
             and
             place
             within
             contained
             ,
             and
             to
             the
             parties
             within
             written
             that
             day
             have
             prefixed
             ,
             that
             then
             they
             be
             there
             ,
             in
             that
             Plea
             ,
             as
             just
             it
             may
             be
             to
             proceed
             as
             within
             to
             me
             is
             commanded
             .
          
           
             
               A
               B.
            
             complains
             of
             
               C
               D.
            
             in
             a
             Plea
             of
             taking
             ,
             
             and
             unjust
             detayning
             of
             the
             beasts
             of
             him
             the
             said
             
               A.
               B.
            
             in
             testimony
             of
             which
             matter
             ,
             
               E
               B.
               S
               D.
               J.
               W.
            
             and
             
               J
               R.
            
             four
             legall
             men
             of
             those
             who
             at
             the
             Record
             present
             were
             in
             the
             full
             Court
             at
             the
             Castle
             of
             Y.
             in
             the
             County
             aforesaid
             ,
             the
             tenth
             day
             of
             A.
             the
             year
             ,
             &c.
             to
             the
             same
             Record
             their
             seals
             severally
             have
             put
             the
             day
             and
             year
             abovesaid
             .
          
        
         
           
             The
             nature
             of
             a
             Pone
             .
          
           
             A
             Pone
             doth
             nothing
             differ
             from
             a
             Recordare
             ,
             but
             that
             a
             Pone
             is
             alwayes
             to
             remove
             such
             suites
             as
             are
             before
             the
             Sheriff
             by
             writ
             of
             Justicies
             ,
             and
             not
             by
             plaint
             onely
             ;
             but
             the
             Recordare
             is
             to
             remove
             the
             suite
             that
             is
             by
             plaint
             onely
             without
             writ
             .
             
               F
               N.
               B.
            
             70.11
             .
          
           
           
             
             By
             vertue
             of
             this
             writ
             to
             me
             directed
             ,
             I
             have
             put
             before
             the
             Justices
             ,
             &c.
             of
             the
             Common
             Bench
             at
             Westminster
             ,
             the
             Plea
             which
             is
             in
             my
             County
             by
             Writ
             of
             his
             Highness
             the
             Lord
             Protector
             of
             Justicies
             ,
             betwixt
             
               A
               B.
            
             and
             
               C
               D.
            
             of
             a
             Plea
             of
             Debt
             ,
             as
             it
             is
             said
             ,
             as
             it
             appeareth
             in
             a
             certain
             Schedule
             to
             this
             writ
             annexed
             ,
             &c.
             
          
           
             
             At
             my
             County
             Court
             held
             at
             the
             Castle
             of
             Y.
             in
             the
             County
             aforesaid
             ,
             on
             Munday
             the
             twelfth
             of
             A.
             the
             year
             ,
             &c.
             
             
               A
               B.
            
             complaineth
             against
             
               C
               D.
            
             of
             a
             Plea
             of
             Debt
             ,
             in
             testimony
             of
             which
             matter
             ,
             
               R
               L.
               S
               R.
               J
               O.
            
             and
             
               S
               D.
            
             four
             legall
             men
             of
             those
             who
             at
             the
             Record
             present
             were
             in
             full
             Court
             there
             seals
             severally
             have
             put
             the
             day
             and
             year
             abovesaid
             .
          
           
             
             
               A
               B.
            
             complaineth
             of
             
               C
               D.
            
             of
             a
             Plea
             of
             Debt
             .
             xx
             l.
             
          
           
             A
             Writ
             of
             Prohibition
             is
             of
             the
             same
             nature
             of
             a
             Recordare
             ;
             and
             a
             Pone
             ,
             but
             not
             now
             used
             .
          
           
             
             These
             two
             writs
             are
             both
             of
             one
             nature
             ,
             though
             the
             Writ
             of
             Consultation
             ,
             be
             obsolete
             ,
             and
             the
             writ
             of
             
             Procedendo
             stept
             up
             in
             its
             place
             ,
             it
             lieth
             where
             a
             cause
             hath
             been
             formerly
             removed
             by
             Pone
             ,
             or
             Recordare
             ,
             from
             this
             Court
             to
             one
             of
             the
             Courts
             at
             Westm
             .
             and
             for
             want
             of
             sufficient
             cause
             of
             removeall
             is
             sent
             back
             again
             ,
             
               Fitz.
               old
               Natura
               .
               Brev.
            
             50.
             
          
        
         
           
             The
             nature
             of
             a
             Writ
             of
             false
             Judgment
             .
          
           
             A
             Writ
             of
             false
             Judgment
             lieth
             where
             an
             erroneous
             Judgment
             is
             given
             in
             this
             Court
             ,
             (
             being
             no
             Court
             of
             Record
             )
             then
             the
             partie
             grieved
             by
             the
             Judgment
             ,
             may
             have
             this
             writ
             ,
             and
             remove
             all
             process
             of
             the
             Suit
             into
             the
             common
             Bench
             ,
             and
             there
             it
             shall
             be
             examined
             ,
             if
             it
             be
             found
             erroneous
             the
             Judgment
             ,
             shall
             be
             reversed
             ,
             and
             the
             suitors
             of
             the
             Court
             ,
             who
             gave
             the
             Judgment
             ,
             amerced
             .
          
           
             By
             vertue
             of
             this
             Writ
             to
             me
             directed
             ,
             to
             be
             Recorded
             ,
             
             I
             have
             caused
             the
             Plea
             (
             which
             is
             in
             my
             County
             )
             together
             with
             the
             proceedings
             and
             the
             Judgment
             ,
             betwixt
             the
             parties
             
             beneath
             ,
             and
             to
             the
             same
             parties
             day
             have
             prefixed
             to
             be
             before
             the
             Justices
             within
             written
             ,
             at
             the
             day
             and
             place
             within
             contained
             ,
             as
             that
             writ
             exacts
             and
             requires
             ,
             which
             Plea
             with
             the
             proceedings
             and
             judgment
             ,
             appeareth
             in
             a
             certain
             Schedule
             to
             this
             Writ
             annexed
             .
          
           
             
             A
             plaint
             by
             writ
             in
             the
             County
             Court
             ,
             holden
             at
             the
             Castle
             of
             Y.
             in
             the
             County
             aforesaid
             ,
             on
             Monday
             the
             23d.
             day
             of
             August
             ,
             the
             year
             &c.
             before
             the
             suitors
             of
             the
             same
             Court
             ,
             in
             the
             tine
             of
             
               I.
               B.
            
             
               Esq
            
             Sheriff
             of
             the
             County
             aforesaid
             ,
             according
             to
             the
             custome
             and
             priviledges
             of
             the
             same
             Court
             ,
             (
             time
             whereof
             the
             memory
             of
             man
             is
             not
             to
             the
             contrary
             )
             have
             been
             used
             and
             approved
             of
             in
             the
             same
             .
          
           
             
             At
             this
             Court
             came
             
               A.
               B.
            
             in
             his
             proper
             person
             ,
             and
             brought
             here
             into
             Court
             a
             writ
             of
             his
             Highness
             the
             
               Lord
               Protector
            
             of
             Justicies
             .
             Which
             said
             Writ
             followes
             in
             these
             words
             ;
             Oliver
             
               Lord
               Protector
            
             of
             &c.
             
             To
             the
             Sheriff
             of
             Y.
             greeting
             
               A.
               B.
            
             hath
             complained
             to
             us
             ,
             that
             
               C.
               D.
            
             upon
             him
             
             the
             said
             
               A.
               B.
            
             at
             the
             Castle
             of
             Y.
             have
             made
             an
             assault
             ,
             and
             have
             beaten
             ,
             wounded
             ,
             and
             evill
             intreated
             him
             ,
             so
             that
             of
             his
             life
             it
             was
             despaired
             ,
             and
             have
             done
             him
             other
             wrongs
             ,
             to
             the
             great
             damage
             and
             grieveance
             of
             the
             said
             
               A.
               B.
            
             and
             therefore
             we
             command
             you
             ,
             that
             you
             heare
             the
             said
             plaint
             ,
             and
             after
             cause
             them
             to
             be
             therefore
             brought
             to
             Justice
             for
             the
             same
             ,
             that
             I
             heare
             no
             more
             complaint
             therein
             for
             want
             of
             Justice
             ,
             witness
             our selves
             at
             Westm
             .
             the
             10
             th
             .
             day
             of
             August
             in
             the
             year
             &c.
             and
             thereupon
             found
             pledges
             to
             prosecute
             the
             said
             plaint
             ,
             that
             is
             to
             say
             ,
             
               Jo.
               Doo
            
             .
             and
             
               Ric.
               Roo
            
             .
             and
             thereupon
             the
             said
             
               A.
               B.
            
             put
             in
             his
             place
             
               S.
               D.
            
             his
             Atturney
             in
             the
             plaint
             aforesaid
             ,
             and
             by
             his
             said
             Atturney
             required
             process
             to
             be
             made
             to
             him
             upon
             the
             same
             :
             And
             it
             was
             commanded
             by
             the
             said
             
               I.
               B.
            
             
               Esq
            
             Sheriff
             of
             the
             said
             County
             to
             all
             ,
             and
             singular
             his
             Bayliffes
             ,
             
             joyntly
             and
             severall
             ,
             and
             their
             Deputies
             ,
             that
             they
             or
             some
             of
             them
             should
             do
             Justice
             to
             the
             said
             
               C.
               D.
            
             so
             that
             he
             should
             be
             and
             appear
             at
             the
             
             next
             County
             Court
             to
             be
             holden
             at
             the
             Castle
             of
             Y.
             on
             Munday
             the
             20
             th
             .
             day
             of
             September
             ,
             then
             next
             in
             the
             year
             aforesaid
             ,
             to
             answer
             the
             said
             
               A.
               B.
            
             in
             the
             plaint
             aforesaid
             ,
             at
             which
             day
             came
             the
             said
             
               A.
               B.
            
             by
             his
             Atturney
             aforesaid
             ,
             and
             offered
             himself
             against
             the
             said
             
               C.
               D.
            
             in
             the
             plaint
             aforesaid
             ;
             and
             then
             and
             there
             came
             
               I.
               P.
            
             one
             of
             the
             Bayliffes
             in
             the
             County
             aforesaid
             ,
             of
             the
             said
             
               I.
               B.
            
             Sheriff
             of
             the
             County
             aforesaid
             ,
             and
             returned
             the
             said
             precept
             so
             directed
             as
             aforesaid
             ,
             
             
             served
             and
             executed
             on
             him
             :
             and
             the
             said
             
               C.
               D.
            
             did
             Essoyn
             ,
             because
             he
             could
             not
             come
             untill
             the
             next
             County
             Court
             ,
             to
             be
             holden
             at
             the
             Castle
             aforesaid
             ,
             at
             which
             said
             next
             Court
             (
             viz
             )
             on
             Munday
             the
             18
             th
             .
             day
             of
             October
             ,
             then
             next
             following
             in
             the
             year
             abovesaid
             came
             the
             aforesaid
             
               A.
               B.
            
             by
             his
             Atturney
             aforesaid
             ,
             and
             offered
             himself
             against
             the
             said
             
               C.
               D.
            
             in
             the
             plaint
             aforesaid
             ,
             and
             the
             said
             
               C.
               D.
            
             then
             and
             there
             came
             in
             his
             proper
             person
             to
             answer
             the
             aforesaid
             
               A.
               B.
            
             in
             the
             plaint
             aforesaid
             ,
             and
             put
             in
             his
             place
             
               I.
               R.
            
             his
             Atturney
             against
             
             the
             said
             
               A.
               B.
            
             in
             the
             plaint
             aforesaid
             ,
             and
             by
             his
             said
             Atturney
             desired
             of
             the
             said
             Court
             ,
             that
             the
             said
             
               A.
               B.
            
             should
             declare
             against
             him
             upon
             his
             said
             plaint
             :
             and
             thereupon
             the
             said
             
               A.
               B.
            
             by
             his
             Atturney
             aforesaid
             declared
             against
             the
             said
             
               C.
               D.
            
             upon
             the
             plaint
             aforesaid
             ,
             in
             manner
             and
             form
             following
             .
          
           
             
               Y
               ss
               .
               A.
               B.
            
             by
             vertue
             of
             a
             Writ
             of
             Justicies
             by
             
               S.
               D.
            
             his
             Atturney
             complains
             of
             
               C.
               D.
            
             of
             an
             action
             of
             Trespass
             and
             Assault
             ,
             
             for
             that
             the
             said
             
               C.
               D.
            
             the
             10
             th
             .
             day
             of
             October
             in
             the
             year
             &c.
             at
             the
             Castle
             
               Y.
               &c.
            
             in
             and
             upon
             the
             aforesaid
             
               A.
               B.
            
             did
             make
             an
             assault
             and
             affray
             ,
             and
             him
             did
             beat
             ,
             wound
             ,
             &
             evil
             intreat
             ,
             so
             that
             he
             did
             despair
             of
             his
             life
             ,
             and
             other
             harms
             did
             do
             unto
             him
             to
             the
             great
             damage
             of
             the
             said
             
               A.
               B.
            
             wherefore
             the
             said
             
               A.
               B.
            
             saies
             he
             is
             damnified
             to
             the
             value
             of
             
             xxl.
             and
             thereupon
             brings
             this
             action
             ,
             &c.
             
             Whereupon
             at
             the
             same
             Court
             ,
             at
             the
             request
             of
             the
             Defendant
             ,
             day
             was
             given
             to
             the
             said
             parties
             in
             the
             plaint
             aforesaid
             ,
             
             till
             the
             next
             County
             Court
             ,
             to
             be
             holden
             before
             
             the
             suitors
             aforesaid
             ,
             on
             Munday
             the
             15
             th
             .
             day
             of
             November
             then
             next
             following
             ,
             saving
             to
             the
             Defendant
             &c.
             at
             which
             day
             at
             the
             said
             Court
             before
             the
             suitors
             aforesaid
             ,
             holden
             at
             the
             Castle
             of
             ,
             Y.
             aforesaid
             ,
             came
             as
             well
             the
             said
             
               A.
               B.
            
             by
             his
             Atturney
             aforesaid
             ,
             as
             the
             said
             
               C.
               D.
            
             by
             his
             Atturney
             aforesaid
             ,
             and
             then
             and
             there
             the
             said
             
               I.
               B.
            
             
               Esq
            
             was
             removed
             from
             the
             Office
             of
             Sheriff
             of
             the
             County
             aforesaid
             ,
             and
             
               R.
               L.
            
             
               Esq
            
             was
             duely
             elected
             ,
             and
             did
             enter
             into
             the
             said
             Office
             of
             Sheriff
             ,
             of
             the
             County
             of
             Y.
             aforesaid
             ,
             whereupon
             at
             the
             same
             Court
             at
             the
             request
             of
             the
             parties
             ,
             further
             day
             was
             given
             to
             the
             said
             parties
             in
             the
             plaint
             aforesaid
             ,
             untill
             the
             next
             County
             Court
             ,
             on
             Munday
             the
             13
             th
             .
             day
             of
             December
             ,
             then
             next
             following
             in
             the
             year
             abovesaid
             ,
             to
             be
             holden
             before
             the
             suitors
             aforesaid
             ,
             saving
             to
             the
             parties
             &c.
             at
             which
             day
             at
             the
             said
             Court
             before
             the
             suitors
             aforesaid
             ,
             holden
             at
             the
             Castle
             aforesaid
             ,
             came
             as
             well
             the
             said
             
               A.
               B.
            
             by
             his
             said
             Atturney
             ,
             as
             the
             said
             
               C.
               D.
            
             by
             his
             Atturney
             ,
             aforesaid
             ,
             and
             the
             
             said
             
               C.
               D.
            
             by
             his
             Atturney
             aforesaid
             ,
             
             came
             and
             defended
             the
             injurie
             when
             &c.
             
             And
             the
             said
             Atturney
             said
             that
             he
             was
             not
             informed
             by
             his
             said
             Clyent
             of
             any
             answer
             for
             him
             the
             said
             
               C.
               D.
            
             to
             the
             said
             
               A.
               B.
            
             in
             the
             plaint
             aforesaid
             to
             be
             given
             ,
             whereby
             the
             said
             
               A.
               B.
            
             did
             remain
             against
             the
             said
             
               C.
               D.
            
             thereupon
             without
             defence
             ,
             for
             which
             the
             said
             
               A.
               B.
            
             ought
             to
             recover
             against
             the
             said
             
               C.
               D.
            
             his
             damages
             by
             occasion
             of
             the
             trespass
             ,
             and
             assault
             ,
             and
             wounding
             aforesaid
             ,
             but
             because
             it
             was
             not
             known
             to
             the
             Court
             ,
             what
             damages
             the
             said
             
               A.
               B.
            
             had
             sustained
             by
             reason
             of
             the
             premisses
             :
             therefore
             at
             the
             next
             County
             Court
             holden
             at
             the
             Castle
             of
             Y.
             aforesaid
             ,
             in
             the
             County
             aforesaid
             ,
             before
             the
             suitors
             aforesaid
             ,
             upon
             Munday
             the
             10
             th
             .
             day
             of
             January
             then
             next
             following
             in
             the
             year
             aforesaid
             ,
             
             it
             was
             required
             by
             the
             Oathes
             of
             
               I
               W.
               RS.
               SG
               .
               ML
               .
               TP
               .
               &c.
            
             twelve
             good
             and
             lawfull
             men
             of
             the
             County
             aforesaid
             ,
             being
             present
             in
             the
             Court
             ,
             and
             in
             the
             full
             County
             sworn
             to
             inquire
             what
             damages
             the
             said
             
               A.
               
               B.
            
             sustained
             by
             occasion
             of
             the
             trespass
             ,
             and
             assault
             ,
             and
             wounding
             ,
             say
             upon
             their
             Oathes
             ,
             that
             the
             said
             
               A.
               B.
            
             hath
             sustained
             damages
             by
             occasion
             of
             the
             trespass
             ,
             and
             assault
             ,
             and
             wounding
             to
             xl.
             and
             for
             his
             costs
             and
             charges
             by
             him
             in
             that
             behalf
             expended
             to
             2d.
             therefore
             it
             was
             considered
             by
             the
             said
             Court
             that
             the
             said
             
               A.
               B.
            
             should
             recover
             against
             the
             said
             
               C.
               D.
            
             his
             damages
             and
             costs
             aforesaid
             ,
             by
             the
             Jurors
             aforesaid
             in
             forme
             aforesaid
             assessed
             ,
             and
             also
             fourty
             shillings
             by
             the
             Court
             aforesaid
             ,
             to
             the
             said
             
               A.
               B.
            
             by
             his
             assent
             for
             increase
             of
             costs
             to
             him
             adjudged
             ,
             which
             said
             damages
             and
             costs
             do
             amount
             to
             12l.
             and
             2d.
             and
             the
             said
             
               C.
               D.
            
             in
             
               Mercy
               &c.
            
             In
             Testimony
             &c.
             
          
        
         
           
             
               The
               nature
               of
               an
            
             Accedeas
             ad
             curiam
             .
          
           
             This
             Writ
             issues
             out
             of
             the
             Upper
             Bench
             ,
             or
             Common
             Pleas
             ,
             directed
             to
             the
             Sheriff
             ,
             commanding
             him
             to
             go
             to
             such
             a
             Court
             of
             some
             Lord
             or
             Franchise
             ,
             as
             Court
             Bason
             or
             the
             
             like
             ,
             (
             being
             no
             Court
             of
             Record
             )
             where
             a
             plaint
             is
             sued
             ,
             or
             a
             false
             Judgment
             is
             supposed
             to
             be
             given
             in
             some
             suit
             ,
             which
             hath
             been
             in
             the
             Court
             ;
             and
             by
             this
             the
             Sheriff
             is
             there
             to
             make
             record
             of
             the
             same
             suit
             ,
             in
             the
             presence
             of
             the
             suitors
             of
             the
             same
             Court
             ,
             and
             four
             lawfull
             men
             of
             the
             County
             :
             and
             of
             this
             he
             is
             to
             make
             certificate
             into
             the
             Court
             above
             ,
             at
             the
             day
             appointed
             by
             the
             Writ
             :
             
               F.
               N.
               B.
            
             71.
             
             Plowden
             .
             74.
             
             Finch
             .
             444.
             
          
           
             This
             writ
             cannot
             be
             had
             without
             shewing
             some
             cause
             for
             the
             removall
             of
             it
             :
             as
             that
             a
             Free-hold
             is
             in
             question
             there
             ,
             or
             some
             forraign
             plea
             is
             pleaded
             not
             triable
             in
             that
             Court
             ,
             or
             such
             like
             ,
             
               F.
               N.
               B.
            
             70.119
             .
          
           
             The
             County
             Clarke
             is
             to
             make
             a
             warrant
             upon
             the
             writ
             in
             this
             manner
             viz.
             
          
           
             
               
                 
                   
                     
                       Yo.
                       ss
                       .
                       #
                    
                     
                       
                         J
                         B.
                      
                       Esquire
                       ,
                       
                       Sheriff
                       of
                       the
                       County
                       of
                       Y.
                       
                    
                     
                       to
                       the
                       Steward
                       and
                       Bayliff
                       of
                       the
                       Court
                       of
                       Honour
                       of
                       P.
                       greeting
                       .
                    
                  
                   
                     I
                     command
                     you
                     by
                     vertue
                     of
                     a
                     Writ
                     to
                     me
                     directed
                     ,
                     that
                     you
                     take
                     with
                     you
                     four
                     discreet
                     ,
                     and
                     lawfull
                     
                     freeholders
                     of
                     the
                     County
                     aforesaid
                     ,
                     and
                     that
                     you
                     go
                     to
                     the
                     Court
                     aforesaid
                     ,
                     and
                     in
                     full
                     Court
                     there
                     cause
                     the
                     plaint
                     to
                     be
                     recorded
                     ,
                     which
                     is
                     in
                     the
                     same
                     Court
                     without
                     writ
                     between
                     
                       R.
                       S.
                    
                     and
                     
                       G
                       M.
                    
                     of
                     a
                     certain
                     trespas
                     upon
                     the
                     case
                     brought
                     by
                     the
                     said
                     
                       R
                       S.
                    
                     against
                     the
                     said
                     
                       G
                       M.
                    
                     as
                     is
                     said
                     .
                     And
                     that
                     you
                     certifie
                     the
                     Record
                     to
                     me
                     ,
                     so
                     that
                     I
                     may
                     have
                     the
                     same
                     before
                     the
                     Justices
                     of
                     the
                     Common
                     Bench
                     at
                     Westminster
                     ,
                     from
                     the
                     day
                     of
                     the
                     Holy
                     Trinity
                     ,
                     in
                     fifteen
                     dayes
                     under
                     your
                     seals
                     ,
                     and
                     the
                     seals
                     of
                     four
                     lawfull
                     men
                     of
                     the
                     said
                     Court
                     of
                     those
                     that
                     shall
                     be
                     present
                     at
                     the
                     Record
                     ,
                     and
                     that
                     you
                     prefix
                     the
                     same
                     day
                     to
                     the
                     parties
                     ,
                     that
                     then
                     they
                     be
                     there
                     ready
                     to
                     proceed
                     in
                     the
                     said
                     plaint
                     as
                     shall
                     be
                     just
                     ,
                     and
                     have
                     you
                     the
                     names
                     of
                     the
                     said
                     four
                     men
                     ,
                     &
                     this
                     warrant
                     ;
                     fail
                     not
                     hereof
                     ,
                     &c.
                     
                  
                   
                     
                       Given
                       under
                       the
                       Seal
                       of
                       my
                       Office
                       
                         this
                         2
                         d.
                         day
                         of
                         June
                         in
                         the
                         year
                         of
                         our
                         Lord
                         1656.
                         
                      
                       #
                    
                     
                       By
                       the
                       Sheriff
                       .
                    
                  
                
              
            
          
           
             
               
                 
                   
                     
                     
                       ss
                       .
                       The
                       Court
                       Barron
                       of
                       
                         G
                         S.
                         J
                         K.
                      
                       &c.
                       holden
                       at
                       P.
                       for
                       the
                       Honour
                       of
                       P.
                       
                       
                         the
                         12
                         th
                         day
                         of
                         June
                         in
                         the
                         year
                         of
                         
                         our
                         Lord
                         1656.
                         
                      
                       Before
                       
                         J
                         H.
                         T
                         H.
                         J
                         G.
                      
                       and
                       
                         R
                         H.
                      
                       suitors
                       of
                       the
                       said
                       Court.
                       #
                    
                  
                   
                     
                       R
                       S.
                    
                     complains
                     against
                     
                       J
                       N.
                    
                     in
                     a
                     Plea
                     of
                     trespas
                     upon
                     the
                     case
                     ,
                     
                     to
                     the
                     damage
                     of
                     xxxs.
                  
                   
                     By
                     vertue
                     of
                     this
                     writ
                     to
                     me
                     directed
                     at
                     the
                     Court
                     aforesaid
                     holden
                     the
                     day
                     and
                     year
                     abovesaid
                     ,
                     in
                     full
                     Court
                     there
                     to
                     be
                     Recorded
                     ,
                     I
                     have
                     caused
                     the
                     plaint
                     ,
                     of
                     which
                     within
                     is
                     made
                     mention
                     ,
                     which
                     plaint
                     doth
                     appear
                     above
                     written
                     ;
                     And
                     that
                     Record
                     I
                     have
                     returned
                     sealed
                     with
                     my
                     Seal
                     and
                     the
                     Seals
                     of
                     the
                     aforenamed
                     four
                     lawfull
                     men
                     ,
                     being
                     in
                     the
                     said
                     Court
                     present
                     at
                     the
                     said
                     Record
                     ;
                     And
                     to
                     the
                     parties
                     within
                     written
                     .
                     I
                     have
                     prefixed
                     the
                     day
                     ,
                     in
                     the
                     writ
                     specified
                     ,
                     that
                     then
                     they
                     be
                     ready
                     to
                     proceed
                     ,
                     as
                     just
                     it
                     may
                     be
                     in
                     the
                     said
                     plaint
                     ,
                     as
                     within
                     to
                     me
                     is
                     commanded
                     .
                  
                   
                     
                       
                         
                           
                             WO.
                             Steward
                          
                           .
                        
                         
                           Suitors
                           .
                           
                             
                               
                                 J
                                 H.
                              
                               
                            
                             
                               
                                 T
                                 H.
                              
                               
                            
                             
                               
                                 J
                                 G.
                              
                               
                            
                             
                               
                                 R
                                 H.
                              
                               
                            
                          
                        
                      
                    
                  
                
              
            
          
           
             
             By
             vertue
             if
             this
             writ
             to
             me
             directed
             
             in
             form
             within
             written
             ,
             I
             came
             to
             the
             Court
             within
             written
             ,
             and
             in
             that
             full
             Court
             to
             be
             Recorded
             I
             caused
             the
             Plea
             within
             written
             ;
             and
             the
             Record
             as
             it
             appeareth
             in
             a
             Schedule
             to
             this
             writ
             annexed
             ,
             I
             have
             before
             the
             Justices
             at
             the
             day
             and
             place
             within
             contained
             ,
             under
             my
             Seal
             ,
             and
             the
             Seals
             of
             
               T
               R.
            
             &c.
             four
             legall
             men
             of
             my
             Shire
             of
             those
             who
             at
             the
             Record
             present
             were
             ,
             and
             to
             the
             parties
             ,
             &c.
             
          
           
             
             By
             vertue
             of
             this
             writ
             to
             me
             directed
             ,
             and
             in
             my
             proper
             person
             having
             taken
             with
             me
             
               R
               S.
            
             &c.
             good
             and
             lawfull
             Knights
             of
             my
             County
             ,
             I
             came
             to
             the
             Court
             Baron
             of
             
               G
               S.
               J
               K.
            
             &c.
             holden
             at
             P.
             for
             the
             Honour
             of
             P.
             to
             record
             the
             Plea
             within
             written
             ,
             at
             the
             day
             and
             place
             within
             contained
             ,
             as
             within
             to
             me
             is
             commanded
             ;
             whereupon
             the
             suitors
             of
             the
             Court
             aforesaid
             at
             P.
             aforesaid
             ,
             in
             full
             Court
             ,
             me
             the
             within
             written
             Sheriff
             the
             said
             writ
             there
             to
             execute
             ,
             or
             as
             to
             the
             said
             Plea
             in
             any
             manner
             to
             intermit
             ,
             altogether
             denyed
             ;
             for
             which
             execution
             of
             the
             writ
             aforesaid
             make
             I
             could
             not
             .
          
        
         
           
           
             The
             Return
             of
             a
             Writ
             for
             the
             Election
             of
             a
             Coroner
             ,
             after
             the
             death
             of
             another
             .
          
           
             AT
             my
             County
             held
             such
             a
             day
             and
             year
             in
             full
             County
             aforesaid
             ,
             by
             vertue
             of
             this
             writ
             of
             the
             assent
             of
             the
             same
             County
             in
             the
             place
             of
             
               R
               O.
            
             within
             named
             ,
             who
             deceased
             is
             ,
             I
             have
             chosen
             a
             Coroner
             ,
             
               viz.
               J
               M.
            
             who
             (
             as
             the
             manner
             is
             )
             hath
             taken
             his
             oath
             corporall
             ,
             that
             he
             will
             do
             and
             keep
             those
             things
             which
             to
             the
             office
             of
             Coroner
             in
             the
             Country
             aforesaid
             ,
             belong
             to
             be
             done
             ,
             as
             within
             ,
             &c.
             
          
        
         
           
             The
             Return
             of
             the
             Writ
             of
             Exigent
             .
          
           
             
               
                 
                   
                     BY
                     vertue
                     of
                     this
                     Writ
                     to
                     me
                     directed
                     ,
                     at
                     my
                     County
                     held
                     at
                     the
                     Castle
                     of
                     Y.
                     in
                     the
                     County
                     of
                     Y.
                     within
                     written
                     ,
                     on
                     Munday
                     ,
                     &c.
                     the
                     year
                     ,
                     &c.
                     within
                     written
                     ,
                     
                       J
                       C.
                    
                     and
                     the
                     rest
                     of
                     the
                     defendants
                     within
                     named
                     (
                     if
                     there
                     be
                     above
                     two
                     in
                     the
                     writ
                     )
                     first
                     were
                     exacted
                     and
                     appeared
                     
                     not
                     at
                     my
                     County
                     of
                     Y.
                     there
                     holden
                     on
                     Munday
                     ,
                     &c.
                     the
                     year
                     aforesaid
                     ;
                     the
                     aforesaid
                     
                       J
                       C.
                    
                     and
                     the
                     rest
                     of
                     the
                     Defendants
                     within
                     named
                     the
                     second
                     time
                     were
                     exacted
                     and
                     appeared
                     not
                     at
                     my
                     County
                     of
                     Y.
                     there
                     holden
                     on
                     Munday
                     ,
                     &c.
                     the
                     year
                     aforesaid
                     the
                     aforesaid
                     
                       J
                       C.
                    
                     and
                     the
                     rest
                     of
                     the
                     defendants
                     within
                     named
                     the
                     third
                     time
                     were
                     exacted
                     and
                     appeared
                     not
                     at
                     my
                     County
                     of
                     Y.
                     there
                     held
                     on
                     Munday
                     ,
                     &c.
                     in
                     the
                     year
                     aforesaid
                     the
                     aforesaid
                     
                       J
                       C.
                    
                     and
                     the
                     rest
                     of
                     the
                     Defendants
                     within
                     named
                     ,
                     the
                     fourth
                     time
                     were
                     exacted
                     and
                     appeared
                     not
                     at
                     my
                     County
                     of
                     Y.
                     there
                     held
                     on
                     Munday
                     ,
                     &c.
                     in
                     the
                     year
                     aforesaid
                     the
                     aforesaid
                     
                       J
                       C.
                    
                     and
                     the
                     rest
                     of
                     the
                     Defendants
                     within
                     named
                     the
                     fifth
                     time
                     were
                     exacted
                     and
                     appeared
                     not
                     ,
                     And
                     therefore
                     
                       J
                       C.
                    
                     and
                     the
                     rest
                     of
                     the
                     Defendants
                     within
                     named
                     by
                     Judgment
                     of
                     
                       J
                       W.
                    
                     and
                     
                       W
                       R.
                    
                     Gent.
                     Coroners
                     of
                     the
                     Common-wealth
                     of
                     the
                     County
                     aforesaid
                     ,
                     according
                     to
                     law
                     and
                     custome
                     of
                     the
                     Common
                     wealth
                     of
                     England
                     outlawed
                     are
                     ,
                     and
                     every
                     of
                     them
                     is
                     Outlawed
                     .
                  
                   
                     
                       J
                       B.
                       Esquire
                       ,
                       Sheriff
                       .
                    
                  
                
              
            
          
           
             
             
             
               By
               vertue
               of
               this
               writ
               to
               me
               directed
               ,
               at
               my
               County
               held
               at
               Y.
               in
               the
               County
               of
               Y.
               within
               written
               on
               Munday
               ,
               &c.
               the
               year
               ,
               &c.
               within
               written
               ,
               the
               said
               
                 J
                 R.
              
               within
               named
               first
               exacted
               was
               and
               appeared
               not
               ,
               this
               Writ
               ,
               so
               above
               Indorsed
               to
               me
               delivered
               was
               by
               
                 J
                 B.
              
               Esquire
               ,
               late
               Sheriff
               of
               the
               County
               within
               written
               ,
               my
               next
               predecessor
               ,
               in
               his
               going
               out
               from
               his
               office
               ,
               as
               above
               upon
               the
               back
               of
               this
               writ
               ;
               And
               at
               my
               County
               ,
               &c.
               as
               before
               .
            
          
           
             This
             writ
             so
             above
             Indorsed
             ,
             
             together
             with
             the
             writ
             of
             Oliver
             ,
             Lord
             Protector
             of
             &c.
             of
             Supersedeas
             to
             it
             annexed
             to
             me
             delivered
             was
             by
             
               J
               B.
            
             Esquire
             late
             Sheriff
             of
             the
             aforesaid
             County
             ,
             my
             next
             predecessor
             .
          
           
             If
             it
             be
             against
             a
             woman
             ,
             she
             cannot
             be
             said
             to
             be
             outlawed
             ,
             (
             for
             the
             reasons
             I
             shewed
             before
             )
             but
             waived
             ,
             so
             that
             the
             latter
             part
             of
             the
             return
             must
             be
             thus
             ,
             viz.
             
          
           
             Therefore
             according
             to
             Law
             and
             custome
             aforesaid
             
               B
               D.
            
             waived
             is
             .
          
           
             By
             vertue
             ,
             &c.
             at
             my
             County
             ,
             
             held
             on
             Munday
             ,
             &c.
             the
             said
             year
             ,
             &c.
             
             within
             written
             ,
             the
             aforesaid
             
               T
               C.
            
             the
             fifth
             time
             exacted
             was
             ,
             and
             appeared
             not
             ,
             and
             for
             defect
             of
             
               N
               B.
            
             and
             
               R
               C.
            
             Coroners
             of
             the
             County
             aforesaid
             further
             thereupon
             to
             prosecute
             I
             could
             not
             .
          
           
             
             By
             vertue
             ,
             &c.
             and
             at
             my
             County
             ,
             &c.
             and
             that
             there
             were
             not
             more
             Counties
             in
             the
             County
             aforesaid
             held
             ,
             from
             the
             day
             of
             the
             receit
             of
             this
             writ
             ,
             to
             the
             day
             of
             the
             return
             of
             the
             same
             ,
             wherefore
             nothing
             done
             is
             at
             present
             .
             Or
             thus
             ,
          
           
             And
             therefore
             in
             the
             Execution
             of
             this
             writ
             farther
             to
             be
             done
             ,
             nothing
             acted
             is
             .
          
           
             
             By
             vertue
             ,
             &c.
             at
             my
             County
             aforesaid
             held
             on
             Munday
             ,
             &c.
             in
             the
             year
             &c.
             within
             written
             ,
             the
             aforesaid
             
               C
               D.
            
             the
             fourth
             time
             exacted
             was
             ,
             and
             appeared
             ,
             and
             brought
             forth
             to
             me
             ,
             the
             writ
             of
             his
             Highness
             the
             Lord
             Protector
             ,
             &c.
             of
             Supersedeas
             which
             to
             this
             writ
             annexed
             is
             :
             wherefore
             the
             Execution
             of
             this
             writ
             farther
             to
             be
             done
             ,
             I
             have
             superseded
             altogether
             .
          
           
             
             As
             in
             the
             foresaid
             writ
             of
             his
             Highness
             
             the
             Lord
             Protector
             ,
             &c.
             of
             Supersedeas
             ,
             to
             me
             is
             commanded
             .
          
           
             As
             to
             exact
             ,
             take
             Outlawed
             ,
             
             or
             at
             all
             molest
             the
             within
             named
             
               J
               R.
            
             by
             vertue
             of
             this
             writ
             ,
             to
             the
             Justices
             ,
             &c.
             within
             written
             ;
             at
             the
             day
             and
             place
             within
             contayned
             I
             certifie
             ,
             that
             by
             vertue
             of
             a
             certain
             other
             writ
             of
             his
             Highness
             ,
             &c.
             to
             me
             directed
             to
             this
             annexed
             ,
             I
             have
             superseded
             altogether
             ,
             as
             by
             that
             writ
             to
             me
             is
             commanded
             .
          
           
             And
             besides
             
               J
               S.
            
             who
             hath
             rendred
             himself
             to
             the
             prison
             of
             ,
             
             &c.
             of
             the
             Castle
             of
             Y.
             whose
             body
             before
             the
             justices
             within
             written
             ,
             at
             the
             day
             and
             place
             within
             contained
             ready
             I
             have
             ,
             as
             this
             writ
             exacteth
             and
             requireth
             .
             And
             besides
             
               J
               C.
            
             who
             dead
             is
             ,
             
             will
             not
             appear
             ,
             therefore
             by
             Judgment
             ,
             
             &c.
             and
             the
             aforesaid
             
               T
               C.
            
             waived
             is
             in
             presence
             of
             
               T
               R.
            
             and
             
               F
               W.
            
             Coroners
             of
             ,
             &c.
             of
             the
             County
             aforesaid
             .
          
           
             At
             the
             County
             ,
             
             &c.
             1
             ,
             2
             ,
             3
             ,
             4.
             exacted
             he
             was
             ,
             and
             hath
             appeared
             ,
             and
             rendred
             himself
             to
             the
             prison
             of
             ,
             &c.
             of
             the
             Castle
             of
             Y.
             where
             so
             sick
             he
             is
             ,
             
             than
             for
             fear
             of
             Death
             him
             before
             the
             Justices
             within
             written
             ,
             at
             the
             day
             and
             place
             withing
             contained
             ,
             have
             I
             cannot
             .
          
        
         
           
             The
             Return
             of
             the
             writ
             of
             Proclamation
             .
          
           
             BY
             vertue
             of
             this
             writ
             to
             me
             directed
             at
             my
             County
             of
             Y.
             held
             at
             the
             Castle
             of
             Y.
             within
             written
             on
             Munday
             ,
             &c.
             the
             year
             ,
             &c
             ,
             within
             written
             ,
             the
             first
             time
             to
             be
             proclaimed
             I
             caused
             ;
             and
             at
             my
             County
             of
             Y.
             held
             at
             the
             Castle
             of
             Y.
             aforesaid
             ,
             in
             the
             said
             County
             of
             Y.
             on
             Munday
             ,
             &c.
             the
             year
             ,
             &c.
             within
             written
             ,
             the
             second
             time
             to
             be
             proclaimed
             I
             caused
             ;
             as
             also
             '
             at
             the
             Generall
             Session
             of
             the
             Peace
             held
             at
             Skipton
             for
             the
             West-Riding
             of
             the
             said
             County
             ,
             within
             writen
             ,
             Thursday
             ,
             viz.
             the
             twelfth
             day
             of
             September
             aforesaid
             the
             year
             ,
             &c.
             within
             written
             ,
             publiquely
             to
             be
             proclaimed
             I
             caused
             ,
             that
             
               J
               C.
            
             and
             all
             other
             the
             Defendants
             within
             named
             ,
             themselves
             ,
             to
             render
             to
             the
             within
             Sheriffs
             of
             L.
             so
             that
             
             the
             same
             Sheriffs
             have
             their
             bodyes
             before
             the
             Justices
             within
             written
             ,
             at
             the
             day
             and
             place
             within
             contayned
             ;
             as
             this
             Writ
             exacteth
             and
             requireth
             .
          
        
         
           
             Of
             Processe
             in
             this
             Court.
             
          
           
             PRocesses
             of
             this
             Court
             ,
             are
             either
             Originall
             issuing
             out
             before
             Judgment
             :
             Or
             Judiciall
             issuing
             out
             after
             Judgment
             .
             Originall
             is
             a
             
               Distring
               as
            
             ,
             or
             County
             warrant
             ,
             &c.
             
             Judiciall
             processe
             is
             onely
             a
             fierifacias
             ,
             or
             Execution
             ,
             directed
             to
             the
             Bayliff
             ,
             to
             levie
             the
             debt
             or
             damages
             ,
             and
             cost
             of
             suite
             recovered
             ,
             of
             the
             goods
             and
             chattells
             of
             the
             defendant
             ,
             or
             of
             the
             plaintiff
             ,
             if
             he
             be
             Non-suite
             .
          
           
             And
             first
             of
             the
             Originall
             Processe
             ,
             
               viz.
               Distring
               as
            
             ,
             or
             County
             warrant
             ;
             which
             is
             a
             precept
             issuing
             out
             for
             a
             debt
             under
             fourty
             shillings
             .
             It
             s
             form
             is
             as
             followeth
             .
          
           
             
               
                 
                   
                     
                       Yo.
                       ss
                       .
                    
                     
                       
                         J.
                         B.
                      
                       Esquire
                       ,
                       Sheriff
                       of
                       the
                       said
                       County
                       ,
                    
                     
                       to
                       all
                       and
                       singular
                       my
                       Bayliffs
                       within
                       the
                       said
                       County
                       ,
                       and
                       their
                       Deputies
                       greeting
                       .
                    
                  
                   
                     Commanding
                     you
                     ,
                     and
                     every
                     of
                     you
                     ,
                     that
                     you
                     distrain
                     
                     
                       R
                       B.
                    
                     by
                     his
                     goods
                     &
                     chattells
                     within
                     the
                     said
                     County
                     ,
                     so
                     that
                     he
                     be
                     and
                     appeart
                     at
                     the
                     next
                     County
                     Court
                     to
                     be
                     holden
                     at
                     the
                     Castle
                     of
                     Y.
                     upon
                     Munday
                     the
                     tenth
                     day
                     of
                     July
                     ,
                     to
                     answer
                     unto
                     
                       S
                       D.
                    
                     in
                     an
                     action
                     of
                     debt
                     .
                     And
                     that
                     you
                     then
                     and
                     there
                     certifie
                     your
                     doings
                     herein
                     .
                  
                   
                     
                       Sealed
                       with
                       the
                       Seal
                       of
                       my
                       office
                       
                         the
                         sixteenth
                         day
                         of
                         June
                         in
                         the
                         year
                         of
                         our
                         Lord
                         1656.
                         
                      
                       #
                    
                     
                       By
                       the
                       Sheriff
                       .
                    
                  
                
              
            
          
           
             If
             the
             Defendant
             do
             not
             appear
             the
             next
             Court
             after
             the
             
               Distring
               as
            
             executed
             ;
             then
             farther
             processe
             issueth
             out
             against
             him
             
               viz.
               a
               Duces
               tecum
            
             to
             cause
             him
             to
             appear
             .
             If
             not
             upon
             the
             first
             
               Duces
               tecum
            
             ,
             he
             appear
             ,
             you
             may
             have
             an
             
               al.
               Duces
               tecum
            
             ,
             and
             a
             
               plur
               .
               Duc.
               tec.
               ad
               infinitum
               ,
            
             until
             he
             appear
             ,
             and
             no
             other
             remedy
             here
             .
             The
             form
             is
             thus
             .
          
           
             
               
                 
                   
                     
                     
                       Y.
                       ss
                       .
                    
                     
                       
                         J
                         B.
                      
                       Esquire
                       Sheriff
                       ,
                       &c.
                       
                    
                     
                       to
                       all
                       &c.
                       greeting
                    
                  
                   
                     I
                     command
                     you
                     and
                     every
                     of
                     you
                     jointly
                     and
                     severally
                     ,
                     that
                     you
                     bring
                     with
                     you
                     ,
                     and
                     have
                     at
                     the
                     Castle
                     of
                     Y.
                     at
                     my
                     next
                     County
                     Court
                     ,
                     all
                     those
                     goods
                     and
                     chattells
                     
                     of
                     
                       R
                       B.
                    
                     which
                     late
                     by
                     vertue
                     of
                     another
                     precept
                     of
                     mine
                     to
                     you
                     first
                     directed
                     ,
                     you
                     distrain
                     at
                     the
                     suit
                     of
                     
                       S
                       D.
                    
                     and
                     that
                     you
                     farther
                     distrain
                     the
                     said
                     
                       R
                       B.
                    
                     by
                     his
                     other
                     goods
                     and
                     chattells
                     in
                     the
                     said
                     County
                     ,
                     so
                     that
                     he
                     be
                     at
                     the
                     Castle
                     of
                     Y.
                     at
                     my
                     next
                     County
                     Court
                     to
                     be
                     holden
                     on
                     Munday
                     the
                     ,
                     &c.
                     to
                     answer
                     to
                     the
                     said
                     
                       S
                       D.
                    
                     in
                     a
                     Plea
                     of
                     debt
                     .
                     And
                     have
                     you
                     then
                     and
                     there
                     this
                     precept
                     .
                  
                   
                     
                       Given
                       under
                       the
                       Seal
                       of
                       my
                       Office
                       
                         the
                         twentieth
                         day
                         of
                         July
                         in
                         the
                         year
                         ,
                         &c.
                         
                      
                       #
                    
                  
                
              
            
          
           
             If
             you
             have
             your
             
               Distring
               as
            
             ,
             or
             
               Duc.
               tec.
            
             speciall
             .
             Then
             thus
             ,
          
           
             
               J
               B.
            
             Esquire
             Sheriff
             of
             the
             County
             aforesaid
             ,
             
             to
             all
             my
             Bayliffs
             and
             their
             deputies
             in
             and
             through
             the
             County
             aforesaid
             ;
             more
             especially
             to
             
               J
               B.
            
             and
             
               R
               S.
            
             my
             Bayliffs
             in
             this
             behalf
             ,
             specially
             deputed
             ,
             greeting
             ,
             &c.
             then
             proceed
             on
             as
             in
             the
             former
             .
          
        
         
           
           
             Of
             the
             Writ
             of
             Justicies
             .
          
           
             THIS
             Writ
             issues
             out
             of
             the
             Chancery
             ,
             directed
             to
             the
             Sheriff
             ,
             giving
             him
             power
             to
             hold
             Plea
             in
             this
             Court
             ,
             in
             actions
             for
             fourty
             shillings
             or
             above
             .
             It
             is
             called
             a
             Justicies
             ,
             because
             it
             is
             a
             Commission
             to
             the
             Sheriff
             to
             do
             a
             man
             Justice
             and
             right
             ,
             and
             requires
             no
             return
             ,
             unlesse
             the
             action
             be
             removed
             by
             Recordare
             ,
             &
             then
             the
             Writ
             must
             be
             returned
             together
             with
             the
             Record
             .
             The
             forme
             of
             the
             precept
             upon
             the
             Writ
             is
             as
             followeth
             .
          
           
             
               
                 
                   
                     
                       Yo.
                       ss
                       .
                    
                     
                       
                         G
                         M.
                      
                       Esquire
                       ,
                       Sheriff
                       of
                       the
                       said
                       County
                    
                     
                       to
                       all
                       and
                       singular
                       my
                       Bayliffs
                       within
                       the
                       said
                       County
                       ,
                       and
                       to
                       their
                       Deputies
                       greeting
                       .
                    
                  
                   
                     By
                     vertue
                     of
                     writ
                     of
                     Justicies
                     of
                     Oliver
                     Lord
                     Protector
                     ,
                     &c.
                     to
                     me
                     directed
                     :
                     I
                     command
                     you
                     and
                     every
                     one
                     of
                     you
                     jointly
                     and
                     severally
                     ,
                     that
                     you
                     or
                     some
                     of
                     you
                     do
                     Justice
                     to
                     
                       J
                       C.
                    
                     so
                     that
                     he
                     be
                     and
                     appear
                     at
                     my
                     next
                     County
                     Court
                     to
                     be
                     holden
                     at
                     the
                     Castle
                     of
                     Y.
                     on
                     Munday
                     ,
                     &c.
                     to
                     answer
                     unto
                     
                       E
                       L.
                    
                     in
                     an
                     action
                     of
                     Debt
                     ,
                     and
                     that
                     you
                     or
                     
                     some
                     of
                     you
                     certifie
                     your
                     doings
                     herein
                     .
                  
                   
                     
                       Sealed
                       with
                       the
                       Seal
                       of
                       my
                       Office
                       
                         the
                         &c.
                         
                      
                       #
                    
                  
                
              
            
          
        
         
           
             A
             Replevin
             .
          
           
             IF
             any
             goods
             be
             taken
             wrongfully
             ,
             (
             as
             before
             I
             have
             more
             largely
             declared
             unto
             you
             ,
             )
             then
             the
             partie
             grieved
             ,
             may
             have
             a
             Replevin
             ,
             which
             must
             be
             made
             after
             this
             manner
             .
          
           
             
               
                 
                   
                     
                       Yo.
                       ss
                       .
                    
                     
                       
                         G
                         M.
                      
                       Esquire
                       ,
                       Sheriff
                       ,
                       &c.
                       
                    
                     
                       to
                       all
                       and
                       every
                       my
                       Bayliffs
                       ,
                       &c.
                       greeting
                       .
                    
                  
                   
                     Because
                     
                       G
                       A.
                    
                     hath
                     comed
                     before
                     me
                     ,
                     and
                     given
                     sufficient
                     security
                     to
                     prosecute
                     his
                     suite
                     ,
                     and
                     make
                     return
                     of
                     his
                     goods
                     if
                     return
                     thereof
                     shall
                     be
                     adjudged
                     .
                     Therefore
                     by
                     vertue
                     of
                     my
                     office
                     ,
                     I
                     command
                     you
                     ,
                     and
                     every
                     of
                     you
                     ,
                     that
                     you
                     or
                     some
                     of
                     you
                     Replevie
                     and
                     deliver
                     to
                     the
                     aforesaid
                     
                       G
                       A.
                    
                     two
                     kine
                     ,
                     which
                     
                       H
                       H.
                    
                     hath
                     taken
                     and
                     unjustly
                     detained
                     against
                     the
                     said
                     
                       G
                       A.
                    
                     and
                     his
                     pledges
                     ,
                     and
                     also
                     that
                     you
                     summon
                     ,
                     and
                     take
                     safe
                     pledges
                     of
                     the
                     said
                     
                       H
                       H.
                    
                     so
                     that
                     he
                     be
                     and
                     appear
                     at
                     the
                     Castle
                     or
                     Y.
                     at
                     the
                     next
                     County
                     Court
                     ,
                     there
                     to
                     be
                     
                     holden
                     upon
                     Munday
                     &c.
                     to
                     answer
                     the
                     aforesaid
                     
                       G
                       A.
                    
                     in
                     an
                     action
                     for
                     the
                     taking
                     ,
                     and
                     unjust
                     detayning
                     of
                     his
                     said
                     goods
                     :
                     and
                     that
                     you
                     or
                     some
                     of
                     you
                     then
                     &
                     there
                     make
                     return
                     of
                     your
                     doings
                     ,
                     together
                     with
                     this
                     precept
                     .
                  
                   
                     
                       Given
                       under
                       the
                       Seal
                       of
                       my
                       Office
                       &c.
                       #
                    
                  
                
              
            
          
           
             And
             if
             the
             Cattell
             be
             not
             delivered
             by
             vertue
             of
             the
             said
             Replevin
             ,
             then
             the
             Plaintiff
             may
             have
             an
             
               Alias
               Replevin
            
             ,
             with
             these
             words
             ,
             
               vel
               causam
               mihi
               signific
            
             .
             which
             Replevin
             must
             be
             made
             after
             this
             manner
             .
          
           
             
               
                 
                   
                     
                     
                       
                         G
                         M.
                      
                       Esquire
                       ,
                       &c.
                       
                    
                     
                       to
                       all
                       &
                       singular
                       my
                       Bayliffs
                       ,
                       &c.
                       greeting
                       ,
                    
                  
                   
                     because
                     
                       G
                       A.
                    
                     hath
                     comed
                     before
                     me
                     ,
                     and
                     given
                     sufficient
                     security
                     to
                     prosecute
                     his
                     suite
                     ,
                     and
                     make
                     return
                     of
                     his
                     goods
                     ,
                     if
                     return
                     thereof
                     shall
                     be
                     adjudged
                     .
                     Therefore
                     by
                     vertue
                     of
                     my
                     office
                     I
                     command
                     you
                     ,
                     and
                     every
                     of
                     you
                     ,
                     as
                     formerly
                     I
                     have
                     commanded
                     you
                     ,
                     that
                     you
                     ,
                     or
                     some
                     of
                     you
                     Replevie
                     ,
                     and
                     deliver
                     to
                     the
                     aforesaid
                     
                       G
                       A.
                    
                     two
                     kine
                     ,
                     (
                     without
                     delay
                     you
                     cause
                     to
                     be
                     replevied
                     ,
                     or
                     the
                     cause
                     to
                     me
                     you
                     signifie
                     werefore
                     my
                     Mandates
                     to
                     you
                     therefore
                     directed
                     execute
                     you
                     would
                     
                     not
                     ,
                     or
                     might
                     not
                     ,
                     )
                     which
                     
                       H
                       H.
                    
                     hath
                     taken
                     and
                     unjustly
                     detained
                     ,
                     &c.
                     as
                     before
                     in
                     the
                     other
                     Replevin
                     .
                  
                   
                     And
                     if
                     the
                     cattel
                     be
                     not
                     delivered
                     upon
                     this
                     Replevin
                     ,
                     nor
                     shew
                     sufficient
                     cause
                     why
                     he
                     did
                     not
                     :
                     then
                     the
                     partie
                     may
                     have
                     a
                     
                       Plures
                       Repl.
                       velcausam
                       mihi
                       signif
                    
                     .
                     which
                     must
                     be
                     made
                     verbatim
                     as
                     the
                     
                       alias
                       repl
                    
                     .
                     was
                     made
                     ;
                     and
                     if
                     return
                     be
                     made
                     upon
                     any
                     of
                     these
                     
                       Replevins
                       ,
                       quod
                       averia
                       olongat
                       .
                       sunt
                       ad
                       loca
                       sibi
                       ognot
                       .
                       Ita
                       quod
                       averia
                       ill
                       '
                       pref
                       :
                    
                     G.
                     A.
                     
                       non
                       potuit
                       deliberar
                    
                     .
                     then
                     the
                     Plantiff
                     may
                     have
                     a
                     Withernam
                     ,
                     which
                     must
                     be
                     made
                     in
                     this
                     manner
                     .
                  
                
              
            
          
           
             
               
                 
                   
                     
                     
                       
                         G.
                         M.
                      
                       
                         Esq
                      
                       &c.
                       
                    
                     
                       to
                       all
                       ,
                       &c.
                       greeting
                       ▪
                    
                  
                   
                     because
                     
                       G.
                       A.
                    
                     hath
                     comed
                     before
                     me
                     &c.
                     (
                     as
                     in
                     the
                     former
                     )
                     I
                     command
                     you
                     and
                     every
                     of
                     you
                     ,
                     as
                     diverse
                     times
                     I
                     have
                     commanded
                     you
                     ,
                     that
                     you
                     or
                     some
                     of
                     you
                     ,
                     replevie
                     and
                     deliver
                     to
                     the
                     said
                     
                       G.
                       A.
                    
                     two
                     Kine
                     which
                     
                       H.
                       H.
                    
                     hath
                     taken
                     and
                     unjustly
                     detained
                     ,
                     and
                     doth
                     unjustly
                     detain
                     as
                     it
                     is
                     said
                     ,
                     and
                     that
                     you
                     upon
                     diverse
                     my
                     precepts
                     for
                     replevie
                     to
                     be
                     made
                     to
                     you
                     directed
                     ,
                     me
                     hath
                     certified
                     ,
                     that
                     the
                     same
                     
                     two
                     Kine
                     elongated
                     are
                     to
                     places
                     to
                     you
                     unknown
                     ,
                     so
                     that
                     view
                     of
                     the
                     same
                     have
                     you
                     could
                     not
                     ;
                     therefore
                     I
                     charge
                     ,
                     and
                     also
                     command
                     ,
                     that
                     you
                     take
                     in
                     Withernam
                     chattels
                     to
                     the
                     value
                     of
                     the
                     said
                     two
                     Kine
                     ,
                     of
                     the
                     chattels
                     of
                     the
                     said
                     
                       H.
                       H.
                    
                     to
                     be
                     delivered
                     to
                     the
                     foresaid
                     
                       G.
                       A.
                    
                     for
                     the
                     two
                     Kine
                     aforesaid
                     elongated
                     ,
                     and
                     also
                     that
                     you
                     summon
                     and
                     take
                     safe
                     pledges
                     of
                     the
                     said
                     
                       H.
                       H.
                    
                     so
                     that
                     he
                     be
                     and
                     appear
                     ,
                     &c.
                     as
                     before
                     in
                     the
                     Replevin
                     .
                  
                
              
            
          
           
             
               
                 
                   
                     
                     
                       
                         G.
                         M.
                      
                       
                         Esq
                      
                       &c.
                       
                    
                     
                       to
                       all
                       ,
                       &c.
                       greeting
                       .
                    
                  
                   
                     Because
                     you
                     have
                     at
                     my
                     County
                     Court
                     held
                     at
                     the
                     Castle
                     of
                     Y.
                     on
                     Munday
                     ,
                     &c.
                     the
                     year
                     &c.
                     to
                     me
                     returned
                     :
                     that
                     by
                     vertue
                     of
                     my
                     warrant
                     to
                     you
                     many
                     times
                     directed
                     ,
                     you
                     came
                     to
                     the
                     pound
                     of
                     
                       H.
                       H.
                    
                     to
                     the
                     place
                     where
                     the
                     two
                     Kine
                     aforesaid
                     impounded
                     and
                     detained
                     were
                     by
                     the
                     said
                     
                       H.
                       H.
                    
                     and
                     these
                     two
                     Kine
                     going
                     and
                     elongated
                     were
                     before
                     your
                     coming
                     out
                     of
                     the
                     pound
                     aforesaid
                     ,
                     to
                     places
                     to
                     you
                     unknown
                     ,
                     by
                     the
                     aforesaid
                     ,
                     
                       H.
                       H.
                    
                     for
                     which
                     the
                     two
                     Kine
                     aforesaid
                     ,
                     replevie
                     you
                     could
                     
                     not
                     ;
                     Wherefore
                     it
                     is
                     considered
                     by
                     the
                     Court
                     ,
                     willing
                     to
                     meet
                     with
                     the
                     mailce
                     of
                     him
                     the
                     said
                     
                       H.
                       H.
                    
                     that
                     the
                     beasts
                     of
                     the
                     said
                     
                       H.
                       H.
                    
                     be
                     taken
                     in
                     Withernam
                     to
                     the
                     value
                     ,
                     &c.
                     and
                     these
                     to
                     the
                     foresaid
                     
                       G.
                       A.
                    
                     be
                     delivered
                     safely
                     and
                     surely
                     to
                     be
                     kept
                     ,
                     untill
                     to
                     the
                     same
                     
                       G.
                       A.
                    
                     his
                     beasts
                     aforesaid
                     ,
                     according
                     to
                     Law
                     you
                     can
                     replevie
                     ,
                     and
                     according
                     to
                     the
                     tenor
                     of
                     my
                     mandate
                     aforesaid
                     .
                     Therefore
                     you
                     and
                     every
                     of
                     you
                     ,
                     joyntly
                     and
                     severally
                     I
                     command
                     that
                     you
                     take
                     or
                     .
                     &c.
                     the
                     beast
                     of
                     the
                     aforesaid
                     
                       H.
                       H.
                    
                     to
                     the
                     value
                     ,
                     &c.
                     in
                     Withernam
                     ,
                     and
                     those
                     to
                     the
                     aforesaid
                     
                       G.
                       A.
                    
                     to
                     to
                     be
                     delivered
                     you
                     cause
                     ,
                     or
                     ,
                     &c.
                     safely
                     and
                     securely
                     to
                     be
                     kept
                     untill
                     ,
                     &c.
                     and
                     distrain
                     you
                     ,
                     or
                     ,
                     &c.
                     the
                     aforesaid
                     
                       H.
                       H.
                    
                     so
                     that
                     he
                     be
                     at
                     the
                     Castle
                     of
                     Y
                     ,
                     at
                     the
                     next
                     County
                     Court
                     to
                     be
                     held
                     on
                     &c.
                     to
                     answer
                     the
                     aforesaid
                     
                       G.
                       A.
                    
                     the
                     Plea
                     aforesaid
                     ,
                     and
                     the
                     answer
                     of
                     this
                     my
                     precept
                     known
                     make
                     you
                     ,
                     &c.
                     at
                     the
                     next
                     Court
                     ,
                  
                   
                     
                       given
                       under
                       the
                       seal
                       of
                       my
                       Office
                       ,
                       
                         such
                         day
                         and
                         year
                         ,
                         &c.
                         
                      
                       #
                    
                  
                
              
            
          
           
             Note
             that
             when
             a
             Replevinis
             granted
             ,
             
             
             there
             must
             be
             a
             bond
             taken
             of
             him
             to
             whom
             it
             is
             granted
             ,
             or
             of
             some
             other
             for
             him
             ,
             with
             one
             or
             two
             sureties
             ,
             to
             appear
             at
             the
             next
             Court
             ,
             and
             to
             prosecute
             his
             suit
             with
             effect
             ,
             or
             else
             it
             may
             be
             prejudiciall
             both
             to
             the
             granter
             of
             the
             Replevin
             ,
             and
             to
             the
             executioner
             thereof
             :
             and
             the
             form
             of
             that
             bond
             ,
             and
             condition
             thoreof
             is
             this
             .
          
           
             
               
                 
                   
                     
                     Know
                     all
                     men
                     by
                     these
                     presents
                     ,
                     that
                     we
                     
                       G.
                       A.
                    
                     of
                     Skipton
                     in
                     the
                     County
                     of
                     Y.
                     gent.
                     and
                     
                       I.
                       B.
                    
                     of
                     the
                     same
                     Town
                     and
                     County
                     yeoman
                     ,
                     am
                     held
                     and
                     firmly
                     obliged
                     to
                     
                       G.
                       M.
                    
                     
                       Esq
                    
                     Sheriff
                     of
                     the
                     County
                     aforesaid
                     ,
                     in
                     the
                     summe
                     of
                     100
                     l.
                     of
                     lawfull
                     money
                     of
                     England
                     ,
                     to
                     be
                     paid
                     to
                     the
                     said
                     
                       G.
                       M.
                    
                     or
                     his
                     certain
                     Atturney
                     ,
                     his
                     Executors
                     or
                     Assigns
                     ,
                     to
                     which
                     payment
                     well
                     and
                     truely
                     to
                     be
                     made
                     ,
                     we
                     bind
                     us
                     our
                     Heirs
                     ,
                     Executors
                     ,
                     and
                     Administrators
                     ,
                     firmly
                     by
                     these
                     presents
                     ,
                     with
                     our
                     seals
                     sealed
                     ,
                  
                   
                     
                       Dated
                       
                         the
                         10
                         th
                         .
                         day
                         of
                         July
                         in
                         the
                         year
                         of
                         our
                         Lord
                         1656.
                         
                      
                       #
                    
                  
                
              
            
          
           
             
             The
             condition
             of
             this
             Obligation
             is
             such
             that
             if
             
               G.
               A.
            
             do
             appear
             at
             my
             
             next
             County
             Court
             to
             be
             holden
             for
             the
             County
             of
             Y.
             at
             the
             Castle
             of
             Y.
             on
             Munday
             the
             ,
             &c.
             next
             ,
             and
             do
             prosecute
             there
             with
             effect
             his
             suit
             which
             he
             hath
             commenced
             against
             
               H.
               H.
            
             for
             the
             taking
             and
             unjust
             detaining
             of
             two
             Kine
             ,
             of
             the
             goods
             of
             him
             the
             said
             
               G.
               A.
            
             and
             do
             make
             return
             of
             the
             goods
             ,
             if
             return
             of
             the
             same
             shall
             be
             adjudged
             :
             that
             then
             this
             present
             Obligation
             shall
             be
             void
             and
             of
             none
             effect
             ,
             &c.
             
          
           
             The
             condition
             ,
             
             &c.
             that
             whereas
             
               G.
               A.
            
             hath
             obtained
             from
             the
             above-named
             Sheriff
             ,
             a
             Replevin
             for
             the
             delivery
             of
             two
             Kine
             and
             other
             goods
             distrained
             ,
             and
             detained
             by
             
               H.
               H.
            
             and
             others
             ,
             if
             therefore
             the
             said
             
               G.
               A.
            
             do
             prosecute
             his
             suit
             upon
             the
             said
             Replevin
             with
             effect
             ,
             and
             do
             make
             return
             of
             the
             goods
             ,
             if
             return
             thereof
             shall
             be
             adjudged
             ;
             and
             also
             do
             save
             and
             keepe
             harmeless
             the
             said
             Sheriff
             ,
             by
             reason
             of
             the
             said
             Replevin
             ,
             to
             him
             granted
             as
             aforesaid
             ,
             that
             then
             this
             &c.
             
          
        
         
           
           
             A
             Tolt
             .
          
           
             TOlt
             ,
             comes
             from
             the
             Latin
             word
             
               tollo
               ,
               viz.
            
             to
             take
             away
             :
             It
             is
             a
             precept
             by
             which
             a
             cause
             depending
             in
             a
             Weapentack
             Court
             ,
             or
             other
             inferiour
             Court
             Barron
             ,
             may
             be
             from
             thence
             removed
             into
             this
             Court
             ;
             The
             form
             is
             this
             .
          
           
             
               
                 
                   
                     
                       Yo.
                       ss
                       .
                    
                     
                       
                         I.
                         B.
                      
                       
                         Esq
                      
                       Sheriff
                       of
                       the
                       County
                       aforesaid
                       ,
                    
                     
                       to
                       the
                       Steward
                       ,
                       and
                       also
                       to
                       the
                       Bayliff
                       of
                       the
                       Hundred
                       ,
                       of
                       H.
                       greeting
                       ;
                    
                  
                   
                     Whereas
                     I
                     am
                     informed
                     that
                     you
                     are
                     favourable
                     ,
                     and
                     not
                     equall
                     in
                     a
                     certain
                     plaint
                     ,
                     depending
                     before
                     you
                     in
                     your
                     Court
                     ,
                     between
                     
                       W.
                       A.
                    
                     Plaintiff
                     and
                     
                       R.
                       M.
                    
                     Defendant
                     :
                     therefore
                     on
                     the
                     behalf
                     of
                     his
                     Highness
                     the
                     Lord
                     Protector
                     ,
                     and
                     by
                     vertue
                     of
                     my
                     Office
                     ,
                     I
                     command
                     you
                     ,
                     and
                     either
                     of
                     you
                     ,
                     that
                     you
                     take
                     the
                     plaint
                     so
                     depending
                     before
                     you
                     in
                     your
                     Court
                     between
                     the
                     said
                     parties
                     ,
                     so
                     that
                     I
                     may
                     have
                     the
                     same
                     at
                     my
                     next
                     County
                     Court
                     ,
                     to
                     be
                     held
                     at
                     the
                     Castle
                     of
                     Y.
                     on
                     Munday
                     &c.
                     next
                     in
                     the
                     same
                     state
                     and
                     condition
                     ,
                     as
                     it
                     is
                     
                     now
                     depending
                     before
                     you
                     :
                     and
                     that
                     you
                     give
                     notice
                     to
                     the
                     said
                     parties
                     of
                     the
                     same
                     day
                     ,
                     that
                     they
                     may
                     be
                     there
                     ready
                     to
                     prosecute
                     the
                     said
                     plaint
                     ,
                     as
                     to
                     justice
                     and
                     right
                     shall
                     appertain
                     ,
                     and
                     that
                     in
                     further
                     prosecution
                     of
                     the
                     said
                     plaint
                     in
                     your
                     Court
                     :
                     you
                     altogether
                     supersede
                     ,
                     and
                     no
                     further
                     proceede
                     therein
                     ,
                     and
                     this
                     ,
                     &c
                     even
                     under
                     the
                     seal
                     of
                     my
                     Office
                     the
                     ,
                     &c.
                     
                  
                
              
            
          
           
             
               
                 
                   
                     The.
                     return
                  
                   
                     
                       Hundred
                       of
                       
                         H.
                         ss
                      
                       .
                       At
                       the
                       Court
                       Barron
                       ,
                       holden
                       at
                       W.
                       within
                       the
                       Hundred
                       of
                       H.
                       
                       
                         upon
                         Wednesday
                         the
                         last
                         day
                         of
                         July
                         the
                         year
                         ,
                         &c.
                         in
                         the
                         time
                         of
                         
                           I.
                           B.
                        
                         
                           Esq
                        
                         Sheriff
                         of
                         the
                         County
                         aforesaid
                         .
                      
                    
                  
                   
                     
                       W.
                       A.
                    
                     Plantiff
                     ,
                     complains
                     of
                     
                       R.
                       M.
                    
                     Defendant
                     in
                     a
                     plea
                     of
                     Debt
                     ,
                     
                     damages
                     xx
                     .
                  
                   
                     By
                     vertue
                     of
                     this
                     precept
                     to
                     us
                     directed
                     ,
                     to
                     be
                     recorded
                     and
                     taken
                     ,
                     we
                     have
                     caused
                     the
                     plaint
                     depending
                     before
                     us
                     in
                     our
                     Court
                     ,
                     betwixt
                     the
                     parties
                     above
                     named
                     ,
                     and
                     in
                     the
                     same
                     state
                     and
                     condition
                     ,
                     as
                     it
                     is
                     now
                     depending
                     ;
                     and
                     to
                     the
                     same
                     parties
                     we
                     have
                     prefixed
                     and
                     given
                     notice
                     ,
                     that
                     they
                     be
                     at
                     the
                     County
                     Court
                     
                     within
                     written
                     ,
                     at
                     the
                     day
                     and
                     place
                     within
                     mentioned
                     ,
                     to
                     prosecute
                     the
                     said
                     plaint
                     ,
                     as
                     to
                     justice
                     and
                     right
                     shall
                     appertain
                     ,
                     and
                     as
                     this
                     precept
                     exacts
                     and
                     requires
                     ;
                     In
                     testimony
                     whereof
                     we
                     have
                     hereunto
                     set
                     our
                     hands
                     and
                     seals
                     ,
                     &c.
                     
                  
                   
                     
                       
                         
                           I.S.
                           Steward
                           .
                        
                         
                           T.L.
                           Bayliff
                           .
                        
                      
                    
                  
                
              
            
          
        
         
           
             Judiciall
             Process
             .
          
           
             JUdiciall
             Process
             issues
             out
             after
             Judgment
             ,
             either
             by
             default
             ,
             or
             
               nihil
               dicit
            
             against
             the
             Defendant
             ;
             Non-suit
             against
             the
             Plantiff
             :
             The
             form
             of
             Judiciall
             Process
             ,
             or
             a
             
               fieri
               facia●
            
             is
             this
             .
          
           
             
               
                 
                   
                     
                       Yo.
                       ss
                       .
                    
                     
                       
                         I.
                         B.
                      
                       
                         Esq
                      
                       Sheriff
                       ,
                       &c.
                       
                    
                     
                       to
                       all
                       and
                       singular
                       my
                       Bayliffes
                       ,
                       &c.
                       greeeting
                       .
                    
                  
                   
                     I
                     command
                     and
                     you
                     and
                     every
                     of
                     you
                     ,
                     joyntly
                     and
                     severally
                     ,
                     that
                     of
                     the
                     goods
                     and
                     chattels
                     of
                     
                       T.
                       B.
                    
                     you
                     or
                     some
                     of
                     you
                     cause
                     to
                     be
                     made
                     ,
                     as
                     well
                     a
                     certain
                     debt
                     of
                     30
                     s.
                     which
                     
                       H.
                       S.
                    
                     in
                     my
                     County
                     Court
                     hath
                     recovered
                     
                     against
                     him
                     ;
                     as
                     also
                     13
                     s.
                     and
                     10
                     d.
                     which
                     to
                     the
                     said
                     
                       H.
                       S.
                    
                     in
                     the
                     same
                     Court
                     were
                     adjudged
                     for
                     his
                     costs
                     and
                     charges
                     about
                     his
                     suit
                     in
                     this
                     behalf
                     expended
                     ,
                     and
                     have
                     you
                     the
                     money
                     at
                     the
                     Castle
                     of
                     Y.
                     at
                     my
                     next
                     County
                     Court
                     ,
                     there
                     to
                     be
                     holden
                     upon
                     Munday
                     ,
                     &c.
                     to
                     render
                     to
                     the
                     said
                     
                       H.
                       S.
                    
                     of
                     the
                     debt
                     and
                     damages
                     aforesaid
                     :
                     whereof
                     he
                     is
                     convict
                     ,
                     and
                     this
                     given
                     under
                     the
                     seal
                     of
                     my
                     Office
                     ,
                     &c.
                     
                  
                
              
            
          
           
             
               
                 
                   
                     
                       
                         I.
                         B.
                      
                       
                         Esq
                      
                       Sheriff
                       &c.
                       
                    
                     
                       to
                       all
                       and
                       singular
                       my
                       Bayliffes
                       ,
                       &c.
                       greeting
                       .
                    
                     
                  
                   
                     I
                     command
                     you
                     and
                     every
                     of
                     you
                     ,
                     joyntly
                     and
                     severall
                     ,
                     that
                     you
                     or
                     some
                     of
                     you
                     levie
                     of
                     the
                     goods
                     and
                     chattels
                     which
                     late
                     were
                     
                       W.
                       W.
                    
                     deceased
                     at
                     the
                     time
                     of
                     his
                     death
                     ,
                     and
                     now
                     remaining
                     in
                     the
                     hands
                     of
                     
                       I.
                       W.
                    
                     Executor
                     of
                     the
                     Testament
                     of
                     the
                     said
                     
                       W.
                       W.
                    
                     and
                     not
                     administred
                     of
                     as
                     well
                     a
                     certain
                     debt
                     of
                     forty
                     ponnds
                     ,
                     which
                     
                       T.
                       L.
                    
                     in
                     my
                     County
                     Court
                     ,
                     by
                     vertue
                     of
                     a
                     writ
                     of
                     Justices
                     recovered
                     against
                     him
                     :
                     as
                     also
                     20
                     s.
                     which
                     to
                     the
                     said
                     
                       T.
                       L.
                    
                     in
                     the
                     same
                     Court
                     was
                     adjudged
                     for
                     his
                     costs
                     and
                     damages
                     ,
                     which
                     he
                     
                     sustained
                     by
                     reason
                     of
                     the
                     detaining
                     of
                     the
                     said
                     debt
                     ;
                     If
                     the
                     said
                     
                       I.
                       W.
                    
                     Executor
                     of
                     the
                     Testament
                     of
                     the
                     said
                     
                       W.
                       W.
                    
                     have
                     so
                     much
                     goods
                     or
                     chattels
                     in
                     his
                     hands
                     ,
                     which
                     were
                     the
                     said
                     
                       W.
                       W.
                    
                     at
                     the
                     time
                     of
                     his
                     death
                     ,
                     sufficient
                     to
                     satisfie
                     the
                     debt
                     and
                     damages
                     aforesaid
                     :
                     If
                     he
                     have
                     not
                     so
                     much
                     goods
                     or
                     chattels
                     in
                     his
                     hands
                     which
                     were
                     the
                     said
                     
                       W.
                       W.
                    
                     at
                     the
                     time
                     of
                     his
                     death
                     sufficient
                     to
                     satisfie
                     the
                     said
                     
                       T.
                       L.
                    
                     of
                     the
                     debt
                     and
                     damages
                     aforesaid
                     ;
                     That
                     then
                     you
                     or
                     some
                     of
                     you
                     ,
                     levie
                     of
                     the
                     proper
                     goods
                     and
                     chattels
                     of
                     the
                     said
                     
                       I.
                       W.
                    
                     the
                     damages
                     and
                     costs
                     aforesaid
                     ,
                     so
                     that
                     I
                     may
                     have
                     the
                     said
                     moneys
                     at
                     my
                     next
                     County
                     Court
                     ,
                     to
                     be
                     holden
                     at
                     the
                     Castle
                     of
                     
                       Y.
                       &c.
                    
                     to
                     render
                     to
                     the
                     said
                     
                       T.
                       L.
                    
                     the
                     debt
                     and
                     damages
                     aforesaid
                     ,
                     whereof
                     he
                     is
                     convict
                     ▪
                     and
                     this
                     given
                     under
                     the
                     seal
                     ,
                     &c.
                     
                  
                
              
            
          
           
             
               
                 
                   
                     
                     
                       
                         I.
                         B.
                      
                       
                         Esq
                      
                       &c.
                       
                    
                     
                       to
                       all
                       and
                       singular
                       my
                       Bayliffes
                       ,
                       &c.
                       greeting
                       .
                    
                  
                   
                     I
                     command
                     you
                     and
                     every
                     of
                     you
                     ,
                     that
                     of
                     the
                     goods
                     and
                     chattels
                     of
                     
                       T.
                       O.
                    
                     you
                     levie
                     20
                     s.
                     which
                     
                       S
                       :
                       D.
                    
                     in
                     the
                     County
                     Court
                     ,
                     (
                     according
                     to
                     a
                     Satute
                     
                     provided
                     in
                     that
                     case
                     )
                     were
                     adjudged
                     for
                     his
                     costs
                     and
                     damages
                     ,
                     which
                     he
                     sustained
                     in
                     his
                     own
                     defence
                     ,
                     in
                     a
                     certain
                     plea
                     of
                     debt
                     ,
                     which
                     the
                     said
                     
                       S.
                       D.
                    
                     against
                     the
                     said
                     
                       T.
                       O.
                    
                     of
                     late
                     brought
                     ,
                     because
                     the
                     said
                     
                       T.
                       O.
                    
                     did
                     not
                     prosecute
                     his
                     suit
                     ,
                     but
                     was
                     thereupon
                     non-suited
                     and
                     convicted
                     :
                     so
                     that
                     I
                     may
                     have
                     the
                     money
                     at
                     my
                     next
                     County
                     Court
                     at
                     the
                     Castle
                     of
                     Y.
                     holden
                     on
                     Munday
                     &c.
                     next
                     to
                     satisfie
                     the
                     aforesaid
                     
                       S.
                       D.
                    
                     of
                     his
                     costs
                     and
                     damages
                     aforesaid
                     ;
                     and
                     this
                     ,
                     &c.
                     given
                     under
                     the
                     seal
                     of
                     my
                     Office
                     ,
                     &c.
                     
                  
                
              
            
          
           
             
               
                 
                   
                     
                       
                         I
                         ,
                         B.
                      
                       
                         Esq
                      
                       &c.
                       
                    
                     
                       to
                       all
                       ,
                       
                       &c.
                       greeting
                       .
                    
                  
                   
                     I
                     command
                     you
                     ,
                     that
                     you
                     of
                     the
                     goods
                     and
                     chattels
                     of
                     
                       T.
                       C.
                    
                     you
                     levie
                     40
                     s.
                     which
                     to
                     
                       P.
                       P.
                    
                     in
                     my
                     County
                     Court
                     ,
                     were
                     adjudged
                     for
                     his
                     damages
                     which
                     he
                     sustained
                     in
                     his
                     own
                     defence
                     ,
                     in
                     a
                     Plea
                     of
                     debt
                     ,
                     by
                     the
                     said
                     
                       T.
                       C.
                    
                     against
                     him
                     the
                     said
                     
                       P.
                       P.
                    
                     lately
                     brought
                     ,
                     whereof
                     the
                     said
                     
                       P.
                       P.
                    
                     was
                     quieted
                     ,
                     and
                     by
                     verdict
                     of
                     his
                     Countrey
                     ,
                     whereof
                     the
                     said
                     
                       T.
                       C.
                    
                     was
                     convict
                     :
                     and
                     have
                     you
                     the
                     moneys
                     at
                     my
                     next
                     County
                     Court
                     ,
                     to
                     be
                     holden
                     
                     at
                     the
                     Castle
                     of
                     Y.
                     on
                     .
                     Munday
                     ,
                     &c.
                     to
                     satisfie
                     the
                     said
                     
                       P.
                       P.
                    
                     of
                     his
                     damages
                     aforesaid
                     ,
                     and
                     this
                     ,
                     &c.
                     
                  
                   
                     
                       given
                       under
                       the
                       seal
                       of
                       my
                       Office
                       ,
                       &c.
                       #
                    
                  
                
              
            
          
        
         
           
             Of
             a
             Scire
             facias
             .
          
           
             IF
             a
             
               Fieri
               facias
            
             doe
             not
             issue
             our
             within
             a
             year
             and
             a
             day
             ,
             after
             Judgment
             entered
             ;
             it
             cannot
             be
             had
             ,
             till
             there
             be
             a
             
               Scire
               facias
            
             first
             sued
             out
             ,
             to
             summon
             the
             Defendant
             to
             shew
             cause
             why
             execution
             should
             not
             be
             done
             ,
             and
             if
             now
             he
             neglect
             to
             answer
             ,
             or
             cannot
             be
             found
             to
             be
             summoned
             ,
             then
             a
             second
             Judgment
             shall
             be
             given
             ,
             that
             that
             Execution
             be
             done
             on
             the
             first
             Judgment
             .
          
           
             If
             Judgment
             be
             given
             against
             a
             Testator
             ,
             albeit
             it
             be
             within
             a
             year
             after
             the
             Judgment
             had
             ,
             yet
             there
             must
             first
             issue
             out
             a
             
               Scire
               facias
            
             ,
             against
             the
             Executor
             or
             Administator
             (
             before
             Execution
             )
             to
             shew
             cause
             why
             it
             should
             not
             be
             had
             .
          
           
             Or
             if
             a
             man
             recover
             against
             a
             woman
             sole
             ,
             and
             she
             become
             covert
             ,
             viz.
             take
             a
             husband
             within
             the
             year
             
             and
             the
             day
             :
             then
             he
             that
             shall
             recover
             must
             have
             a
             Scire-facias
             against
             the
             husband
             .
          
        
         
           
             Scire
             facias
             ,
             post
             diem
             &
             annum
             .
          
           
             
               Yo.
               ss
               .
            
             
               
                 J.
                 B.
              
               Esquire
               Sheriff
               ,
               &c.
               
            
             
               greeting
               .
            
          
           
             Whereas
             
               W.
               F.
            
             of
             late
             in
             the
             Court
             of
             the
             aforesaid
             County
             ,
             by
             Judgment
             in
             the
             said
             Court
             ,
             of
             the
             County
             aforesaid
             ,
             held
             at
             the
             Castle
             of
             Y.
             on
             Munday
             the
             tenth
             day
             of
             Febr.
             1654
             ,
             before
             the
             Suitors
             of
             the
             said
             Court
             ,
             recovered
             against
             
               G
               L.
            
             aswell
             a
             certain
             debt
             of
             
               xxxij
               s.
            
             which
             the
             said
             
               W
               F.
            
             in
             the
             same
             Court
             ,
             recovered
             against
             him
             ,
             as
             13
             s.
             and
             10d.
             which
             to
             the
             said
             
               W
               F.
            
             in
             the
             same
             Court
             was
             adjudged
             for
             his
             damages
             which
             he
             sustained
             by
             the
             occasion
             of
             the
             detaining
             of
             the
             debt
             ,
             of
             which
             he
             is
             convicted
             .
             For
             as
             by
             the
             proceedings
             from
             thence
             in
             the
             same
             Court
             residing
             ,
             notwithstanding
             the
             manifest
             Execution
             of
             the
             aforesaid
             Judgment
             remaines
             to
             be
             done
             as
             by
             insinuation
             ,
             the
             aforesaid
             
               W
               F.
            
             
             hath
             recovered
             .
             And
             because
             that
             I
             will
             that
             those
             things
             which
             were
             in
             the
             said
             Court
             be
             rightly
             done
             to
             demand
             due
             of
             the
             said
             Judgment
             .
             Therefore
             I
             command
             you
             ,
             that
             by
             honest
             and
             lawfull
             men
             of
             my
             Bayliwick
             ,
             you
             give
             notice
             to
             the
             aforesaid
             
               G
               L.
            
             that
             he
             be
             at
             the
             Castle
             of
             of
             Y.
             at
             my
             next
             County
             Court
             ,
             there
             to
             be
             holden
             upon
             Munday
             the
             third
             day
             of
             May
             next
             to
             shew
             if
             he
             have
             any
             thing
             to
             say
             ,
             or
             no
             ,
             why
             the
             said
             
               W
               F.
            
             ought
             not
             to
             have
             his
             levie
             or
             execution
             against
             him
             according
             to
             the
             force
             ,
             form
             and
             effect
             of
             the
             said
             recovery
             ,
             if
             it
             seem
             expedient
             to
             him
             ,
             and
             have
             you
             then
             and
             there
             the
             names
             of
             them
             ,
             by
             whom
             you
             give
             him
             notice
             ,
             and
             have
             this
             precept
             ,
             &c.
             
          
           
             
               Given
               under
               the
               Seal
               of
               my
               office
               
                 the
                 fourth
                 day
                 of
                 April
                 ,
                 in
                 the
                 year
                 of
                 our
                 Lord
                 1656.
                 
              
               #
            
          
        
         
           
           
             Scire
             facias
             against
             an
             Executor
             ,
             after
             Judgment
             against
             the
             Testator
             .
          
           
             
               Yo
               ss
               .
            
             
               I.
               B.
               Esquire
               Sheriff
               &c
            
             
               greeting
               .
            
          
           
             Whereas
             
               N.
               N.
            
             late
             in
             the
             County
             Court
             of
             the
             said
             County
             held
             at
             the
             Castle
             of
             Y.
             on
             Munday
             ,
             &c.
             before
             the
             then
             Sheriff
             of
             the
             said
             County
             ,
             by
             Judgment
             of
             the
             said
             Court
             had
             recovered
             against
             
               N
               N.
            
             as
             well
             a
             debt
             of
             fourtie
             pounds
             ,
             as
             twenty
             two
             shillings
             and
             two
             pence
             costs
             ,
             for
             his
             damages
             which
             he
             sustained
             by
             reason
             of
             the
             detaining
             of
             the
             said
             debt
             ;
             wherefore
             he
             is
             convict
             ,
             as
             appears
             by
             the
             procedings
             remayning
             in
             the
             said
             Court.
             And
             whereas
             the
             execution
             of
             the
             said
             Judgment
             yet
             remaineth
             to
             be
             done
             ,
             and
             the
             said
             
               N
               N.
            
             since
             the
             giving
             of
             the
             Judgment
             aforesaid
             is
             dead
             ,
             as
             by
             the
             intimation
             of
             the
             said
             R.
             I
             am
             informed
             .
             And
             because
             I
             am
             willing
             that
             those
             things
             ,
             which
             are
             rightly
             done
             in
             the
             said
             Court
             ,
             should
             be
             duly
             put
             in
             Execution
             ;
             I
             command
             you
             that
             by
             honest
             and
             lawfull
             men
             of
             the
             said
             
             County
             ,
             you
             make
             it
             known
             to
             
               F
               N.
            
             Executrix
             of
             the
             Testament
             of
             the
             said
             
               N
               N.
            
             that
             she
             be
             at
             the
             next
             County
             Court
             to
             be
             holden
             for
             the
             said
             County
             at
             the
             Castle
             of
             Y.
             on
             Munday
             ,
             &c.
             to
             shew
             if
             she
             have
             any
             thing
             ,
             or
             know
             what
             to
             say
             ,
             why
             the
             said
             R.
             ought
             not
             to
             have
             his
             Execution
             against
             her
             of
             the
             debt
             and
             damages
             aforesaid
             ,
             to
             be
             levied
             of
             the
             goods
             and
             chattells
             which
             were
             of
             the
             said
             
               N
               N.
            
             at
             the
             time
             of
             his
             death
             ,
             and
             further
             to
             do
             and
             receive
             &c.
             
          
           
             
               Given
               under
               the
               Seal
               of
               my
               Office
               ,
               &c.
               #
            
          
        
         
           
             Venire
             facias
             .
          
           
             
               Yo.
               ss
               .
            
             
               
                 J.
                 B.
              
               Esquire
               ,
               Sheriff
               of
               the
               County
               aforesaid
            
             
               to
               the
               Bayliff
               of
               the
               Hundred
               of
               O.
               or
               his
               Deputie
               greeting
               .
            
          
           
             I
             command
             you
             ,
             and
             every
             of
             you
             ,
             that
             you
             cause
             to
             come
             before
             me
             ,
             or
             my
             lawfull
             Steward
             ,
             by
             me
             appointed
             for
             the
             County
             Court
             ,
             to
             be
             holden
             at
             the
             Castle
             of
             Y.
             on
             Munday
             ,
             &c.
             
             All
             those
             severall
             persons
             mentioned
             in
             the
             pannell
             hereunto
             annexed
             ,
             to
             trie
             such
             severall
             issues
             
             between
             party
             and
             party
             ,
             as
             shall
             then
             and
             there
             be
             given
             them
             in
             charge
             .
             And
             hereof
             you
             must
             not
             fail
             ,
             as
             each
             of
             you
             will
             answer
             the
             contrary
             at
             your
             perills
             ,
             together
             with
             this
             Precept
             .
          
           
             
               Given
               under
               the
               Seal
               of
               my
               Office
               ,
               &c.
               #
            
          
        
         
           
             Or
             thus
             .
          
           
             
               
                 J.
                 B.
              
               Esquire
               ,
               &c.
               
            
          
           
             These
             are
             to
             require
             you
             the
             said
             Bayliff
             ,
             
             to
             cause
             to
             come
             twelve
             good
             and
             lawfull
             men
             of
             your
             Bayliwick
             ,
             that
             they
             be
             and
             appear
             at
             the
             next
             County
             Court
             holden
             at
             the
             Castle
             of
             Y.
             on
             Munday
             ,
             &c.
             next
             ensuing
             to
             try
             an
             issue
             joyned
             between
             
               A
               B.
            
             Plaintiff
             ,
             and
             
               C
               D.
            
             Defendant
             ,
             concerning
             a
             Plea
             of
             debt
             .
             (
             or
             as
             the
             case
             is
             )
             And
             this
             given
             ,
             &c.
             
          
        
         
           
             Subpoena
             ,
             al.
             dict
             .
             a
             Warrant
             ad
             testificand
             .
          
           
             
               
                 J.
                 B.
              
               Esquire
               ,
               
               Sheriff
               of
               the
               County
               aforesaid
               ,
            
             
               to
               
                 J.
                 B.
                 J.
                 G.
              
               &c.
               greeting
               ,
            
          
           
             to
             you
             ,
             and
             every
             of
             you
             I
             command
             ,
             that
             (
             all
             excuses
             and
             delayes
             
             being
             set
             appart
             )
             you
             and
             every
             of
             you
             be
             and
             personally
             appear
             at
             the
             next
             County
             Court
             holden
             at
             the
             Castle
             of
             Y.
             on
             Munday
             the
             tenth
             day
             of
             June
             next
             to
             testifie
             the
             truth
             according
             to
             your
             knowledge
             in
             a
             certain
             action
             there
             depending
             ,
             between
             
               A
               B.
            
             Plaintiff
             ,
             and
             
               C
               D.
            
             Defendant
             ,
             on
             the
             part
             and
             behalf
             of
             the
             Plaintiff
             ,
             in
             an
             action
             of
             debt
             .
             And
             hereof
             fail
             you
             not
             ,
             under
             the
             forfeiture
             of
             100l.
             each
             of
             you
             .
          
           
             
               And
               this
               given
               under
               the
               Seal
               of
               my
               office
               
                 the
                 ,
                 &c.
                 
              
               #
            
          
        
         
           
             A
             Precept
             upon
             a
             Proclamation
             .
          
           
             
               Yo.
               ss
               .
            
             
               
                 I.
                 B.
              
               Esquire
               Sheriff
               ,
               &c.
               
            
             
               to
               the
               Bayliff
               of
               the
               hundred
               of
               B.
               and
               to
               his
               Deputies
               ,
               greeting
               .
            
          
           
             By
             vertue
             of
             a
             Proclamation
             upon
             Exigent
             to
             me
             directed
             ,
             I
             command
             you
             and
             every
             of
             you
             ,
             that
             you
             or
             some
             of
             you
             make
             two
             severall
             Proclamations
             .
             The
             one
             to
             be
             made
             at
             the
             generall
             quarter
             Sessions
             of
             the
             Peace
             to
             be
             holden
             for
             the
             North-riding
             of
             the
             County
             of
             Y.
             And
             the
             other
             to
             be
             made
             at
             the
             Parish
             
             Church
             after
             Divine
             service
             ▪
             where
             the
             severall
             persons
             under-written
             live
             ,
             and
             that
             they
             and
             every
             one
             of
             them
             yeeld
             their
             bodyes
             to
             me
             the
             Sheriff
             of
             the
             said
             County
             ,
             where
             the
             exigent
             lyeth
             ,
             to
             answer
             the
             person
             ,
             at
             whose
             suite
             the
             Exigent
             is
             against
             them
             .
             And
             hereof
             fail
             not
             at
             your
             perill
             .
             Given
             under
             the
             Seal
             of
             my
             Office
             the
             22
             th
             .
             day
             of
             August
             in
             the
             year
             of
             our
             Lord
             1656.
             
          
           
             At
             the
             electing
             of
             the
             Coroner
             ,
             he
             is
             to
             be
             sworn
             in
             Court
             ,
             by
             the
             County
             Clark
             ,
             for
             the
             due
             Execution
             of
             his
             Office.
             In
             this
             manner
             .
          
           
             YOu
             shall
             swear
             ,
             that
             you
             well
             and
             truly
             shall
             serve
             his
             Highness
             the
             Lord
             Protector
             and
             the
             Common-wealth
             in
             the
             Office
             of
             a
             Coroner
             :
             and
             as
             one
             of
             his
             Highnesses
             Coroners
             of
             the
             County
             of
             Y.
             and
             therein
             you
             shall
             truly
             and
             diligently
             do
             ,
             and
             accomplish
             all
             and
             every
             thing
             and
             things
             appertaining
             to
             your
             Office
             ,
             after
             the
             best
             of
             your
             cunning
             ,
             wit
             ,
             and
             power
             ,
             both
             for
             the
             profit
             and
             good
             of
             the
             inhabitants
             within
             the
             
             said
             County
             ,
             taking
             such
             fees
             ;
             as
             you
             ought
             to
             take
             by
             the
             Lawes
             and
             Statutes
             of
             this
             Commonwealth
             ,
             and
             no
             otherwise
             ;
             So
             help
             you
             God.
             
          
        
         
           
             A
             Warrant
             of
             Atturney
             .
          
           
             To
             
               S
               D.
            
             one
             of
             the
             Atturneys
             of
             the
             County
             Court
             ,
             for
             the
             County
             of
             Y.
             &c.
             
          
           
             I
             
               A
               B.
            
             do
             hereby
             desire
             you
             and
             do
             give
             you
             full
             power
             ,
             license
             and
             authority
             ,
             to
             appear
             for
             me
             ,
             and
             for
             ,
             &c.
             in
             the
             said
             Court
             on
             Munday
             ,
             &c.
             in
             an
             action
             of
             debt
             ,
             for
             &c.
             at
             the
             suite
             of
             
               E
               D.
            
             upon
             an
             Obligation
             conditioned
             for
             the
             payment
             of
             ,
             &c.
             in
             which
             said
             Obligation
             I
             stand
             bound
             as
             principall
             .
             And
             this
             shall
             be
             your
             sufficient
             warrant
             in
             that
             behalf
             .
             In
             witness
             ,
             &c.
             
          
        
         
           
             A
             Deputation
             ,
             for
             a
             Bayliff
             of
             an
             Hundred
             .
          
           
             
               
                 I.
                 B.
              
               Esquire
               ,
               Sheriff
               of
               the
               County
               of
               Y.
               
            
             
               to
               all
               Christian
               people
               to
               
               whom
               these
               presents
               doth
               or
               may
               concern
               ,
               greeting
               .
            
          
           
             Know
             ye
             that
             I
             the
             said
             Sheriff
             ,
             have
             deputed
             ,
             constituted
             ,
             and
             appointed
             
               R.
               D.
            
             of
             A.
             in
             &c
             my
             lawfull
             Bayliff
             and
             Deputie
             within
             the
             Hundred
             of
             B.
             in
             the
             North-Riding
             of
             the
             County
             of
             Y.
             aforesaid
             ,
             to
             have
             and
             execute
             the
             said
             Office
             of
             Bayliff
             within
             the
             said
             Hundred
             ,
             or
             elsewhere
             ,
             within
             the
             said
             County
             of
             Y.
             or
             as
             occasion
             shall
             require
             it
             ,
             during
             my
             pleasure
             only
             and
             no
             longer
             :
             and
             to
             receive
             and
             take
             to
             my
             use
             all
             fees
             as
             well
             for
             Distress
             ,
             Attachment
             ,
             and
             Perquisites
             of
             Courts
             ,
             and
             other
             profits
             due
             and
             accustomed
             whatsoever
             to
             the
             said
             Bayliwick
             belonging
             ,
             or
             in
             any
             wise
             appertayning
             ;
             And
             whatsoever
             my
             said
             Bayliff
             shall
             lawfully
             execute
             and
             doe
             in
             his
             said
             Office
             ,
             I
             do
             hereby
             warrant
             ,
             ratifie
             and
             confirme
             ,
             as
             my
             own
             act
             and
             deed
             .
          
           
             
               In
               witness
               whereof
               I
               have
               hereunto
               set
               the
               Seal
               of
               my
               Office
               
                 this
                 seventh
                 day
                 of
                 July
                 ,
                 in
                 the
                 year
                 of
                 our
                 Lord
                 1656.
                 
              
               #
            
          
           
             
             
               
                 
                   
                      
                  
                   
                     s.
                     
                  
                   
                     d.
                     
                  
                
                 
                   
                     Distringas
                     or
                     County-warrant
                     ,
                  
                   
                     0
                  
                   
                     8.
                     
                  
                
                 
                   
                     Bayliff
                     fee
                     for
                     serving
                     ,
                  
                   
                     0
                  
                   
                     4.
                     
                  
                
                 
                   
                     
                       Duc.
                       tec.
                    
                     
                  
                   
                     0
                  
                   
                     8.
                     
                  
                
                 
                   
                     Fee
                     to
                     the
                     Bayliffs
                     for
                     serving
                     ,
                  
                   
                     0
                  
                   
                     4.
                     
                  
                
                 
                   
                     Warrant
                     of
                     Atturney
                     ,
                  
                   
                     0
                  
                   
                     2.
                     
                  
                
                 
                   
                     A
                     speciall
                     Distringas
                     ,
                  
                   
                     1
                  
                   
                     8.
                     
                  
                
                 
                   
                     
                       Duc.
                       tec.
                    
                     speciall
                     ,
                  
                   
                     1
                  
                   
                     8
                  
                
                 
                   
                     Writ
                     of
                     Justicies
                     ,
                  
                   
                     2
                  
                   
                     6.
                     
                  
                
                 
                   
                     Precept
                     upon
                     the
                     Writ
                     ,
                  
                   
                     2
                  
                   
                     4.
                     
                  
                
                 
                   
                     Fee
                     to
                     the
                     Bayliff
                     for
                     serving
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     A
                     speciall
                     precept
                     upon
                     the
                     Writ
                     ,
                  
                   
                     4
                  
                   
                     4.
                     
                  
                
                 
                   
                     Warrant
                     of
                     Atturney
                     upon
                     it
                     ,
                  
                   
                     0
                  
                   
                     4.
                     
                  
                
                 
                   
                     A
                     Replevin
                     ,
                  
                   
                     2
                  
                   
                     4.
                     
                  
                
                 
                   
                     The
                     Bond
                     ,
                  
                   
                     1
                  
                   
                     0.
                     
                  
                
                 
                   
                     A
                     speciall
                     Replevin
                     ,
                  
                   
                     5
                  
                   
                     4.
                     
                  
                
                 
                   
                     Bayliffs
                     fee
                     for
                     serving
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Essoyne
                     for
                     every
                     name
                     ,
                  
                   
                     0
                  
                   
                     4.
                     
                  
                
                 
                   
                     Drawing
                     declaration
                     .
                  
                   
                     1
                  
                   
                     0.
                     
                  
                
                 
                   
                     Imparlance
                     ,
                  
                   
                     1
                  
                   
                     0.
                     
                  
                
                 
                   
                     Coppy
                     of
                     the
                     Declaration
                     ,
                  
                   
                     1
                  
                   
                     0.
                     
                  
                
                 
                   
                     Answer
                     and
                     allowing
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Replication
                     and
                     allowing
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Rejoynder
                     and
                     allowing
                     ,
                     &c.
                     so
                     of
                     the
                     rest
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Rule
                     ,
                  
                   
                     0
                  
                   
                     4.
                     
                  
                
                 
                   
                     Default
                     ,
                  
                   
                     0
                  
                   
                     4.
                     
                  
                
                 
                   
                     Non-suite
                     ,
                  
                   
                     0
                  
                   
                     4.
                     
                  
                
                 
                   
                     
                     Dividing
                     a
                     plaint
                     ,
                     for
                     every
                     name
                     that
                     is
                     divided
                     ,
                  
                   
                     0
                  
                   
                     4.
                     
                  
                
                 
                   
                     Subpoena
                     ,
                     or
                     warrant
                     
                       ad
                       testif
                    
                     .
                  
                   
                     0
                  
                   
                     8.
                     
                  
                
                 
                   
                     
                       Venire
                       facias
                    
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     If
                     tryed
                     for
                     the
                     
                       Habeas
                       Corpora
                    
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Fee
                     to
                     the
                     Bayliff
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Judgment
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     
                       Fieri
                       facias
                    
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Bayliffs
                     fee
                     for
                     executing
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     
                       Al.
                       fieri
                       facias
                    
                     .
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     
                       Scire
                       facias
                    
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Fee
                     to
                     the
                     Bayliff
                     for
                     executing
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
                 
                   
                     Transcript
                     upon
                     a
                     plaint
                     ,
                  
                   
                     1
                  
                   
                     8.
                     
                  
                
                 
                   
                     Transcript
                     upon
                     a
                     Writ
                     of
                     Justic
                     .
                  
                   
                     3
                  
                   
                     4.
                     
                  
                
                 
                   
                     Tolt
                     ,
                  
                   
                     1
                  
                   
                     2.
                     
                  
                
                 
                   
                     Precept
                     upon
                     an
                     
                       Acced
                       .
                       adcur
                    
                     .
                  
                   
                     2
                  
                   
                     4.
                     
                  
                
                 
                   
                     Recordare
                     allowing
                     ,
                  
                   
                     4
                  
                   
                     0.
                     
                  
                
                 
                   
                     Pone
                     allowing
                     ,
                  
                   
                     4
                  
                   
                     10.
                     
                  
                
                 
                   
                     Writ
                     of
                     false
                     Judgment
                     allow
                     .
                  
                   
                     6
                  
                   
                     8.
                     
                  
                
                 
                   
                     Supersedeas
                     ,
                  
                   
                     2
                  
                   
                     4.
                     
                  
                
                 
                   
                     Procedendo
                     ,
                  
                   
                     2
                  
                   
                     0.
                     
                  
                
              
            
          
        
         
           
           
             The
             Order
             of
             Judges
             at
             the
             Assizes
             at
             york
             ,
             
               24
               th
            
             .
             day
             of
             July
             ,
             1654.
             concerning
             Essoynes
             illegally
             returned
             into
             this
             Court.
             
          
           
             WHereas
             of
             late
             Judgments
             have
             been
             surreptitiously
             obtained
             in
             this
             Court
             by
             reason
             of
             Essoynes
             unduely
             brought
             into
             the
             Court
             ,
             by
             Bayliffs
             or
             their
             Deputies
             ,
             and
             others
             ,
             after
             Attachment
             of
             goods
             for
             appearance
             ,
             which
             pretended
             Essoynes
             ,
             being
             afterwards
             disavowed
             by
             the
             Defendants
             ,
             have
             occasioned
             sundry
             complaints
             ,
             and
             suites
             when
             the
             Defendants
             goods
             were
             taken
             in
             Execution
             ,
             for
             preventing
             whereof
             ,
             it
             is
             ordered
             upon
             advice
             and
             consultation
             had
             with
             the
             Judges
             of
             Assize
             at
             Y.
             this
             day
             ,
             
             that
             henceforth
             no
             common
             Essoyne
             shall
             be
             entered
             and
             allowed
             by
             the
             Court
             to
             save
             a
             default
             ,
             unless
             it
             be
             warranted
             in
             writing
             ,
             under
             the
             proper
             hand-writing
             ,
             or
             under
             the
             hand
             ,
             Seal
             ,
             or
             mark
             ,
             of
             the
             Defendant
             ,
             thereby
             specially
             authorized
             ,
             
             the
             partie
             being
             the
             Essoyner
             to
             cast
             such
             Essoyne
             for
             him
             ,
             and
             in
             his
             name
             ;
             for
             the
             truth
             of
             which
             subscription
             ,
             or
             sealing
             ,
             the
             same
             Essoyne
             is
             to
             be
             sworn
             in
             open
             Court
             ,
             and
             no
             Essoyne
             is
             to
             be
             admitted
             ,
             or
             received
             from
             henceforth
             being
             not
             affirmed
             and
             sworn
             unto
             ,
             and
             so
             entered
             upon
             the
             back
             of
             the
             Warrant
             of
             Attachment
             ,
             which
             is
             to
             remain
             upon
             the
             file
             amongst
             the
             rolls
             or
             proceedings
             of
             the
             Court
             ,
             and
             if
             any
             other
             person
             (
             not
             being
             a
             Bayliff
             )
             shall
             be
             the
             Essoyner
             ,
             he
             is
             to
             bring
             the
             like
             Warrant
             from
             the
             Defendant
             in
             writing
             as
             is
             aforesaid
             ,
             and
             be
             sworn
             for
             the
             truth
             thereof
             ,
             which
             is
             to
             remayn
             in
             Court
             as
             aforesaid
             ;
             And
             no
             Judgment
             shall
             be
             given
             where
             there
             is
             no
             other
             appearance
             but
             an
             Essoyn
             :
             Unlesse
             the
             Essoine
             shall
             appear
             to
             be
             warranted
             as
             aforesaid
             .
          
        
         
           
           
             Some
             select
             Presidents
             of
             Declaratins
             and
             Pleadings
             incident
             and
             belonging
             to
             this
             Court.
             Debt
             .
          
           
             
               Executor
               against
               an
               Executor
               a
               bill
               .
            
             
               
                 County
                 Court
                 ss
                 .
                 #
              
            
             
               E.
               F.
               Executor
               of
               the
               last
               Will
               and
               Testament
               of
               
                 J
                 F.
              
               deceased
               ,
               by
               vertue
               of
               a
               Writ
               of
               Justicies
               to
               the
               Sheriff
               of
               the
               County
               aforesaid
               directed
               ,
               by
               
                 J
                 S.
              
               his
               Atturney
               complains
               of
               
                 M
                 W.
              
               Executor
               of
               the
               last
               Will
               and
               Testament
               of
               
                 R
                 W.
              
               late
               of
               T.
               in
               the
               County
               of
               Y.
               husbandman
               deceased
               ,
               otherwise
               called
               
                 R
                 W.
              
               late
               of
               T.
               of
               Y.
               Husbandman
               deceased
               ,
               of
               a
               Plea
               ,
               that
               he
               render
               unto
               him
               7.
               of
               ,
               &c.
               which
               he
               unjustly
               detaines
               from
               him
               ,
               &c.
               for
               that
               whereas
               the
               said
               
                 R
                 W.
              
               in
               his
               life
               time
               ,
               that
               is
               to
               say
               ,
               the
               xx
               th
               day
               of
               ,
               &c.
               year
               ,
               &c.
               at
               the
               Castle
               of
               Y.
               in
               the
               County
               of
               Y.
               and
               within
               the
               liberty
               and
               Jurisdiction
               of
               this
               Court
               ,
               by
               his
               bill
               obligatory
               ,
               
               sealed
               with
               his
               Seal
               ,
               and
               here
               in
               Court
               produced
               ,
               bearing
               date
               the
               day
               and
               year
               abovesaid
               ,
               acknowledged
               himself
               to
               be
               indebted
               to
               the
               said
               
                 J
                 F.
              
               in
               his
               life
               time
               ,
               the
               whole
               and
               just
               sum
               of
               7l.
               of
               &c.
               to
               be
               payd
               to
               to
               the
               said
               
                 J
                 F.
              
               his
               Heirs
               ,
               Executors
               ,
               Administrators
               ,
               or
               Assignes
               ,
               upon
               the
               third
               day
               of
               May
               next
               ensuing
               the
               date
               of
               the
               said
               bill
               ;
               And
               for
               the
               payment
               thereof
               ,
               the
               said
               
                 R
                 W.
              
               then
               and
               there
               bound
               himself
               ,
               his
               Executors
               ,
               Administrators
               and
               Assignes
               .
               Neverthelesse
               the
               said
               
                 R
                 W.
              
               in
               his
               life
               time
               ,
               though
               often
               thereunto
               required
               the
               said
               7l.
               to
               the
               said
               
                 J
                 F.
              
               whilst
               he
               was
               living
               ,
               hath
               not
               paid
               ,
               neither
               hath
               the
               said
               
                 M
                 W.
              
               Executor
               of
               the
               last
               Will
               and
               Testament
               of
               the
               said
               
                 R
                 W.
              
               after
               his
               death
               ,
               payd
               the
               same
               to
               the
               said
               
                 E
                 F.
              
               Executor
               of
               the
               last
               Will
               and
               Testament
               of
               the
               sayd
               
                 J
                 F.
              
               to
               which
               said
               M
               W.'s
               hands
               ,
               came
               all
               and
               singular
               the
               goods
               and
               chattells
               which
               were
               the
               said
               R
               W.'s
               in
               his
               life
               time
               ,
               sufficient
               to
               satisfie
               all
               the
               debts
               which
               the
               said
               
                 R
                 W.
              
               at
               the
               time
               of
               his
               death
               owed
               to
               any
               person
               or
               persons
               
               whatsoever
               ,
               as
               also
               to
               satisfie
               the
               said
               E.
               F.'s
               debt
               ;
               but
               the
               said
               
                 R.
                 W
                 ▪
              
               whilst
               he
               lived
               refused
               to
               pay
               the
               same
               to
               the
               said
               
                 I.
                 F.
              
               in
               his
               life
               time
               ,
               and
               the
               said
               
                 M.
                 W.
              
               likewise
               after
               the
               said
               R.
               W.'s
               death
               refused
               to
               pay
               the
               same
               to
               the
               said
               
                 E.
                 F.
              
               after
               the
               death
               of
               the
               said
               
                 I.
                 F.
              
               and
               still
               refuseth
               so
               to
               do
               ,
               and
               unjustly
               detains
               the
               same
               ,
               by
               reason
               whereof
               the
               said
               
                 E.
                 F.
              
               saith
               he
               is
               damnified
               to
               10
               l.
               and
               thereupon
               produceth
               this
               suit
               ,
               &c.
               
            
             
               And
               the
               said
               
                 E.
                 F.
              
               produceth
               here
               in
               Court
               ,
               the
               said
               letters
               testamentary
               ,
               by
               which
               it
               appears
               the
               said
               
                 E.
                 F.
              
               to
               be
               Executor
               of
               the
               last
               Will
               and
               Testament
               of
               the
               said
               
                 I.
                 F.
              
               deceased
               &c.
               
            
          
           
             
               Upon
               a
               Bill
               to
               be
               paid
               at
               the
               day
               of
               marriage
               ,
               and
               issue
               upon
               it
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               
                 T.
                 N.
              
               and
               E.
               his
               wife
               ,
               Administratrix
               of
               the
               goods
               and
               chattels
               which
               were
               of
               
                 I.
                 B.
              
               deceased
               ,
               complains
               by
               
                 S.
                 D.
              
               his
               Atturney
               of
               
                 I.
                 H.
              
               of
               C.
               in
               the
               said
               County
               gent.
               of
               a
               Plea
               
               that
               the
               render
               unto
               them
               5
               l.
               which
               he
               unjustly
               detains
               ,
               &c.
               for
               that
               whereas
               the
               said
               
                 I.
                 H.
              
               (
               such
               a
               day
               year
               and
               place
               )
               by
               his
               certain
               bill
               Obligatory
               ,
               with
               his
               seal
               sealed
               ,
               and
               here
               in
               Court
               produced
               ,
               the
               date
               whereof
               is
               the
               same
               day
               and
               year
               ;
               For
               and
               in
               consideration
               of
               one
               Gold-ring
               ,
               with
               a
               certain
               Stone
               call'd
               a
               Diamond
               ,
               in
               the
               same
               Ring
               fixed
               of
               the
               aforesaid
               .
               
                 T.
                 B.
              
               in
               his
               life
               time
               received
               the
               day
               of
               the
               making
               of
               the
               aforesaid
               bill
               ,
               did
               acknowledge
               and
               grant
               ,
               to
               and
               with
               the
               aforesaid
               
                 T.
                 B.
              
               in
               his
               life
               time
               ,
               that
               he
               the
               said
               
                 I.
                 H.
              
               his
               Executors
               or
               Assigns
               ,
               would
               pay
               or
               cause
               to
               be
               paid
               to
               the
               aforesaid
               
                 T.
                 B.
              
               his
               Executors
               or
               Assigns
               ,
               for
               the
               same
               Ring
               (
               at
               such
               a
               day
               and
               time
               as
               he
               the
               said
               
                 I.
                 H.
              
               should
               be
               wedded
               or
               married
               :
               or
               at
               any
               other
               time
               after
               his
               marriage
               ,
               whensoever
               he
               should
               be
               required
               by
               the
               aforesaid
               
                 T.
                 B.
              
               his
               Executors
               ,
               or
               Assigns
               ,
               or
               by
               him
               that
               should
               bring
               the
               said
               bill
               ,
               the
               said
               summe
               of
               5
               l.
               to
               his
               or
               their
               use
               ,
               the
               aforesaid
               time
               to
               be
               paid
               :
               And
               the
               same
               
                 T.
                 N.
              
               and
               
               E.
               in
               fact
               say
               ,
               that
               the
               aforesaid
               
                 I.
                 H.
              
               after
               the
               making
               of
               the
               said
               bill
               ,
               (
               to
               wit
               ,
               such
               a
               day
               ,
               year
               ,
               and
               place
               )
               within
               the
               Parish
               Church
               of
               H.
               did
               take
               to
               wife
               one
               
                 I.
                 D.
              
               by
               which
               the
               action
               did
               accrew
               unto
               the
               said
               
                 T.
                 R.
              
               in
               his
               life
               ,
               and
               to
               the
               said
               E.
               after
               the
               death
               of
               the
               said
               
                 T.
                 B.
              
               whilst
               she
               was
               sole
               ,
               and
               to
               the
               said
               
                 T.
                 N.
              
               and
               E.
               after
               espousalls
               between
               them
               celebrated
               :
               to
               require
               and
               have
               of
               the
               aforesaid
               
                 I.
                 H.
              
               the
               same
               5
               l.
               yet
               the
               aforesaid
               
                 I.
                 H.
              
               although
               often
               required
               the
               aforesaid
               5
               l.
               to
               the
               aforesaid
               
                 T
                 B.
              
               in
               his
               life
               time
               ,
               or
               to
               the
               aforesaid
               E.
               whilst
               she
               was
               sole
               ,
               to
               whom
               the
               administration
               of
               all
               the
               goods
               and
               chattels
               which
               were
               of
               the
               aforesaid
               
                 T
                 B.
              
               the
               time
               of
               his
               death
               (
               such
               a
               day
               ,
               year
               ▪
               and
               place
               ,
               )
               was
               committed
               ,
               or
               to
               the
               aforesaid
               
                 T.
                 N.
              
               and
               E.
               after
               espousalls
               between
               them
               celebrated
               ,
               hath
               not
               rendred
               ,
               but
               the
               same
               to
               render
               to
               them
               hath
               denyed
               ,
               and
               the
               same
               to
               them
               the
               said
               
                 T.
                 N.
              
               and
               E.
               as
               yet
               to
               render
               doth
               denie
               ,
               and
               unjustly
               detain
               ,
               whereupon
               they
               say
               they
               are
               damnified
               ,
               and
               have
               
               damage
               to
               the
               value
               of
               10
               l.
               and
               thereupon
               they
               bring
               their
               action
               ,
               &c.
               
               And
               they
               bring
               into
               Court
               here
               the
               letters
               of
               Administration
               ,
               &c.
               
            
          
           
             
               The
               Defendant
               pleads
               that
               he
               was
               within
               age
               at
               the
               time
               of
               the
               making
               of
               the
               Bill
               .
            
             
               ANd
               the
               aforesaid
               
                 I.
                 F.
              
               by
               
                 R.
                 B.
              
               his
               Atturney
               ,
               
               comes
               and
               defends
               the
               force
               and
               jnjury
               when
               &c.
               and
               saves
               that
               the
               aforesaid
               N.
               and
               E.
               ought
               not
               to
               have
               their
               action
               aforesaid
               against
               him
               ,
               because
               he
               saith
               that
               he
               at
               the
               time
               of
               the
               making
               of
               the
               Bill
               aforesaid
               ,
               was
               within
               the
               age
               of
               one
               and
               twenty
               years
               ,
               and
               this
               he
               is
               ready
               to
               aver
               ,
               whereupon
               he
               demands
               Judgment
               ,
               whether
               the
               aforesaid
               
                 T
                 N.
              
               and
               E.
               ought
               to
               have
               their
               action
               aforesaid
               against
               him
               ,
               &c.
               
            
          
           
             
             
               Replication
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               aforesaid
               
                 T
                 N.
              
               and
               E.
               say
               ,
               that
               they
               by
               any
               thing
               before
               alledged
               ,
               ought
               not
               to
               be
               debarred
               from
               having
               their
               action
               aforesaid
               against
               the
               said
               
                 J
                 H.
              
               because
               they
               say
               ,
               that
               the
               aforesaid
               
                 J
                 H.
              
               at
               the
               time
               of
               the
               making
               of
               the
               bill
               aforesaid
               ,
               was
               of
               the
               full
               age
               of
               one
               and
               twenty
               years
               ,
               and
               not
               within
               age
               ,
               as
               the
               aforesaid
               
                 J
                 H.
              
               hath
               above
               alledged
               ,
               and
               this
               they
               pray
               may
               be
               inquired
               of
               by
               the
               Countrey
               ;
               And
               the
               aforesaid
               
                 J
                 H.
              
               in
               like
               manner
               :
               Therefore
               ,
               &c.
               
            
          
           
             
               Vpon
               retainder
               for
               shooing
               of
               horses
               ,
               &c.
               
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               A.
               B.
               by
               
                 S
                 D.
              
               his
               Atturney
               complains
               of
               
                 C
                 D.
              
               of
               a
               Plea
               &c.
               for
               whereas
               the
               aforesaid
               
                 C
                 D.
              
               (
               such
               a
               day
               and
               year
               )
               at
               S.
               &c.
               retained
               the
               said
               
                 A
                 B.
              
               to
               set
               on
               upon
               horse
               feet
               ,
               of
               the
               
               aforesaid
               
                 C
                 D.
              
               fourty
               new
               Horse-shoes
               ,
               and
               to
               remove
               fourty
               Horse-shoes
               ,
               and
               to
               mend
               one
               paire
               of
               plow-Irons
               ,
               and
               to
               make
               one
               fire-shovell
               ,
               to
               take
               of
               the
               said
               
                 C
                 D.
              
               for
               the
               setting
               on
               of
               the
               aforesaid
               fourty
               new
               Horse-shoes
               ,
               and
               fourty
               romoves
               ,
               xxi
               s.
               and
               so
               of
               the
               other
               parcell
               to
               contract
               to
               be
               paid
               to
               the
               said
               
                 A
                 B.
              
               when
               he
               should
               be
               thereunto
               required
               ,
               by
               vertue
               of
               which
               retayner
               ,
               the
               said
               
                 A
                 B.
              
               the
               said
               fourty
               new
               Horse-shoes
               ,
               and
               fourty
               removes
               upon
               the
               Horse-feet
               of
               him
               the
               said
               
                 C
                 D.
              
               did
               set
               on
               ,
               &c.
               by
               which
               action
               acrewed
               ,
               &c.
               Hil.
               37
               
                 Eliz.
                 Rot.
              
               517.
               
            
          
           
             
               Vpon
               an
               account
               .
            
             
               
                 County
                 Court
                 ss
                 .
                 #
              
            
             
               
                 E
                 B.
              
               complaines
               of
               
                 T
                 A.
              
               of
               a
               Plea
               ,
               that
               he
               should
               render
               unto
               him
               12l.
               of
               &c.
               which
               she
               owes
               ,
               and
               unjustly
               detaines
               from
               him
               ,
               for
               that
               ,
               whereas
               the
               third
               day
               of
               May
               ,
               1651.
               at
               ,
               &c.
               the
               said
               
                 E
                 B.
              
               and
               the
               said
               
                 T
                 A.
              
               accompted
               together
               ,
               for
               and
               concerning
               diverse
               smms
               of
               money
               ,
               then
               and
               
               before
               that
               time
               due
               ,
               and
               owing
               ,
               by
               the
               said
               
                 T
                 A.
              
               unto
               the
               said
               
                 E
                 B.
              
               And
               upon
               that
               account
               ,
               the
               said
               
                 T
                 A.
              
               then
               and
               there
               did
               acknowledge
               himself
               to
               be
               in
               arreare
               and
               owing
               unto
               the
               said
               
                 E
                 B.
              
               the
               sum
               of
               12l.
               to
               be
               payd
               unto
               the
               said
               
                 E
                 B.
              
               when
               he
               the
               said
               
                 T
                 A.
              
               should
               be
               thereunto
               requested
               .
               Yet
               notwithstanding
               ,
               &c.
               
            
          
           
             
               Money
               lent
               by
               joynt
               partners
               for
               a
               certain
               time
               ,
               and
               to
               be
               payd
               to
               the
               Survivour
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               R.
               K.
               by
               ,
               &c.
               complaineth
               of
               
                 W
                 A.
              
               Upon
               a
               Plea
               that
               he
               render
               unto
               him
               xx
               s.
               of
               lawfull
               English
               money
               ,
               which
               he
               oweth
               unto
               him
               ,
               and
               unjustly
               detayneth
               ,
               &c.
               
               For
               that
               whereas
               the
               last
               day
               of
               February
               1651.
               at
               the
               Castle
               ,
               &c
               the
               said
               
                 R
                 K.
              
               and
               one
               
                 R
                 W.
              
               now
               deceased
               ,
               being
               joynt
               partners
               of
               moneys
               and
               other
               commodities
               ;
               did
               lend
               unto
               the
               said
               
                 W
                 A.
              
               3l.
               of
               lawfull
               ,
               &c.
               to
               be
               paid
               to
               them
               or
               the
               Survivour
               of
               them
               on
               Easter
               Monday
               then
               next
               following
               ;
               of
               which
               said
               3l.
               the
               said
               
                 W
                 A.
              
               payd
               to
               
               the
               said
               
                 R
                 K.
              
               and
               
                 R
                 W.
              
               in
               his
               life
               time
               the
               sum
               of
               fourty
               shillings
               ,
               and
               there
               then
               remayned
               unpayd
               the
               sum
               of
               xx
               s.
               since
               which
               ,
               and
               about
               the
               Nativity
               of
               Christ
               1652.
               the
               said
               
                 R
                 W.
              
               dyed
               ,
               and
               the
               sayd
               
                 R
                 K.
              
               him
               survived
               ,
               whereby
               action
               doth
               a
               crew
               to
               the
               said
               
                 R
                 K.
              
               alone
               to
               have
               and
               demand
               of
               the
               said
               
                 W
                 A.
              
               the
               said
               xxs.
               Notwithstanding
               the
               said
               
                 W.
                 A.
              
               though
               often
               thereunto
               requested
               the
               said
               xx
               s.
               to
               the
               said
               
                 R
                 K.
              
               hitherto
               hath
               not
               rendred
               ,
               but
               the
               same
               to
               render
               hitherto
               hath
               refused
               ,
               and
               yet
               doth
               refuse
               ,
               whereupon
               the
               said
               
                 R
                 K.
              
               saith
               ,
               that
               he
               is
               worse
               ,
               and
               hath
               damage
               to
               the
               value
               of
               xxxix
               s.
               and
               xi
               i
               ,
               And
               thereupon
               produceth
               this
               suite
               .
               &c.
               
            
          
           
             
               For
               Rent
               in
               arreare
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               R.
               M.
               by
               ,
               &c.
               complaines
               of
               
                 H
                 D.
              
               of
               a
               Plea
               that
               he
               render
               unto
               him
               xxx
               s.
               of
               ,
               &c.
               which
               he
               owes
               unto
               him
               ,
               and
               unjustly
               detaines
               from
               him
               .
               For
               that
               the
               said
               
                 R.
                 M.
              
               the
               tenth
               day
               of
               Apr.
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               demised
               ,
               granted
               ,
               and
               to
               farme
               
               let
               unto
               the
               said
               
                 H
                 D.
              
               one
               Cottage
               or
               dwelling
               house
               ,
               one
               garth
               ,
               and
               foure
               acres
               of
               arable
               land
               ,
               Meadow
               or
               Pasture
               ,
               with
               the
               appurtenances
               be
               they
               more
               or
               lesse
               lying
               and
               being
               at
               W.
               in
               the
               County
               aforesaid
               ,
               to
               have
               and
               to
               hold
               the
               said
               Cottage
               or
               dwelling
               house
               ,
               garth
               ,
               and
               arable
               land
               ,
               Meadow
               or
               Pasture
               with
               the
               appurtenances
               ,
               unto
               the
               said
               
                 H.
                 D.
              
               and
               his
               Assignes
               ,
               from
               the
               Annunciation
               of
               the
               blessed
               Virgin
               Mary
               commonly
               called
               Lady
               day
               ,
               then
               last
               past
               ,
               for
               and
               during
               the
               terme
               of
               three
               years
               then
               next
               following
               ,
               fully
               to
               be
               compleat
               ,
               finished
               and
               ended
               ,
               yeelding
               and
               paying
               therefore
               yearly
               rent
               ,
               for
               the
               said
               promises
               to
               the
               said
               
                 R
                 M.
              
               for
               the
               first
               year
               of
               the
               said
               three
               years
               ,
               the
               rent
               of
               3l.
               present
               money
               ,
               and
               in
               Land
               to
               be
               payd
               to
               the
               said
               
                 R
                 M.
              
               and
               3l.
               10
               s.
               of
               &c.
               yearly
               to
               be
               payd
               to
               the
               said
               
                 R
                 M.
              
               for
               the
               other
               two
               years
               residue
               of
               the
               said
               terme
               ,
               at
               the
               feast
               of
               St.
               Michael
               the
               Archangell
               ,
               and
               the
               Annunciation
               of
               the
               blessed
               Virgin
               Mary
               ,
               by
               even
               and
               equall
               portions
               .
               By
               vertue
               of
               which
               demise
               ,
               the
               said
               
               
                 H
                 D.
              
               entred
               into
               the
               said
               Cottage
               or
               dwelling
               house
               ,
               and
               was
               and
               still
               is
               possessed
               of
               the
               same
               :
               and
               because
               xxxv
               s.
               for
               the
               half
               year
               rent
               ended
               at
               the
               feast
               of
               St.
               Michael
               the
               Archangell
               ,
               in
               the
               year
               ,
               &c.
               is
               in
               arreare
               and
               unpayd
               unto
               the
               said
               
                 R
                 M.
              
               therefore
               an
               action
               doth
               accrew
               to
               the
               said
               
                 R
                 M.
              
               to
               have
               and
               demand
               of
               the
               said
               
                 H
                 D.
              
               the
               said
               xxxv
               s.
               Neverthelesse
               the
               said
               
                 H
                 D.
              
               although
               he
               hath
               been
               often
               required
               the
               said
               xxxv
               s.
               the
               same
               to
               the
               said
               
                 R
                 M.
              
               he
               hath
               hitherty
               denied
               to
               restore
               and
               pay
               ,
               and
               as
               yet
               doth
               deny
               to
               restore
               and
               pay
               ;
               to
               the
               damage
               of
               the
               said
               
                 R
                 M.
              
               of
               xxxix
               s.
               And
               therefore
               he
               brings
               this
               suite
               ,
               &c.
               
            
          
           
             
               For
               Servants
               wages
               .
            
             
               
                 County
                 Court.
                 ss
                 .
                 #
              
            
             
               A
               W.
               by
               ,
               &c.
               complaines
               of
               
                 R
                 S.
              
               of
               a
               Plea
               that
               he
               render
               unto
               him
               xxiiii
               s.
               of
               &c.
               which
               he
               owes
               unto
               him
               &
               unjustly
               deteyns
               from
               him
               .
               For
               that
               whereas
               the
               said
               
                 J
                 D.
              
               that
               is
               to
               say
               ,
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               retayned
               the
               said
               
                 A
                 W.
              
               to
               serve
               
               the
               said
               
                 J
                 S.
              
               in
               the
               place
               of
               a
               man-servant
               ,
               till
               the
               feast
               day
               of
               St.
               Martin
               the
               Bishop
               in
               Winter
               ,
               then
               next
               to
               do
               and
               execute
               the
               lawfull
               occations
               ,
               and
               commands
               of
               the
               said
               
                 J
                 S.
              
               by
               the
               time
               aforesaid
               ,
               paying
               therefore
               the
               said
               
                 A
                 W.
                 xiid
              
               .
               of
               ,
               &c.
               which
               the
               said
               
                 J
                 S.
              
               then
               and
               there
               payd
               to
               the
               said
               
                 A
                 W.
              
               and
               also
               xxiiii
               s.
               more
               of
               ,
               &c.
               for
               his
               sallary
               ,
               during
               the
               said
               time
               ,
               at
               the
               said
               feast
               of
               St.
               Martin
               in
               the
               year
               ,
               &c.
               aforesaid
               .
               And
               the
               said
               
                 A
                 W.
              
               in
               fact
               saith
               ,
               that
               he
               according
               to
               the
               said
               retainder
               ,
               did
               serve
               the
               said
               
                 J
                 S.
              
               in
               the
               place
               of
               a
               man-servant
               ,
               and
               did
               ,
               and
               executed
               the
               lawfull
               commands
               ,
               and
               occasions
               ,
               of
               the
               said
               
                 J
                 S.
              
               by
               the
               time
               aforesaid
               ,
               and
               that
               xxiiii
               s.
               for
               his
               salary
               for
               his
               said
               service
               by
               the
               time
               aforesaid
               ,
               due
               at
               the
               feast
               of
               St.
               Martin
               the
               Bishop
               ,
               in
               Winter
               ,
               〈◊〉
               the
               year
               &c.
               above
               mentioned
               ,
               is
               yet
               arreare
               and
               unpayd
               by
               the
               said
               
                 J
                 S.
              
               to
               the
               said
               
                 A
                 W.
              
               by
               which
               an
               action
               accrews
               to
               the
               said
               
                 A
                 W.
              
               to
               have
               and
               require
               of
               the
               said
               
                 J
                 S.
              
               the
               ●●●d
               xxiv
               s.
               Nevertheless
               the
               said
               
                 J
                 S.
              
               ●hough
               often
               required
               ,
               &c.
               
            
          
           
             
             
               For
               not
               setting
               forth
               of
               Tythes
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               R.
               H.
               Farmer
               of
               all
               and
               singular
               ,
               the
               tythes
               of
               hay
               growing
               within
               the
               parish
               of
               F.
               in
               the
               County
               of
               Y.
               by
               vertue
               of
               a
               Writ
               of
               Justicies
               ,
               by
               
                 R
                 N.
              
               his
               Atturney
               )
               complaines
               of
               
                 T
                 W.
              
               upon
               a
               Plea
               that
               he
               render
               to
               him
               6l.
               of
               ,
               &c.
               which
               he
               oweth
               to
               him
               &
               unjustly
               detaines
               .
               For
               that
               whereas
               the
               said
               
                 T
                 L.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               F.
               aforesaid
               ,
               in
               the
               County
               aforesaid
               ,
               &c.
               was
               possessed
               and
               occupied
               of
               and
               in
               four
               acres
               of
               Meadow
               in
               F.
               aforesaid
               ,
               and
               Parish
               aforesaid
               ,
               and
               being
               so
               possessed
               ,
               he
               the
               said
               
                 T
                 W.
              
               did
               then
               and
               there
               cut
               down
               the
               grasse
               growing
               in
               and
               upon
               the
               said
               four
               acres
               of
               Meadow
               ,
               and
               two
               loads
               of
               hay
               there
               ,
               coming
               to
               the
               value
               of
               40
               s.
               then
               and
               there
               did
               take
               and
               carry
               away
               ,
               before
               he
               the
               said
               
                 T
                 W.
              
               had
               set
               out
               ,
               and
               severed
               the
               tythes
               ,
               or
               tenth
               part
               thereof
               from
               nine
               parts
               of
               the
               same
               ,
               or
               agreed
               for
               the
               said
               tythes
               ,
               or
               tenth
               part
               thereof
               which
               the
               said
               R.
               against
               the
               form
               of
               the
               Statute
               in
               the
               
               fifth
               year
               of
               E.
               6.
               in
               such
               like
               case
               made
               and
               provided
               .
               Whereupon
               action
               doth
               acrew
               to
               the
               said
               
                 R
                 H.
              
               to
               have
               and
               demand
               of
               the
               said
               
                 T
                 W.
              
               the
               said
               6l.
               (
               that
               is
               to
               say
               )
               the
               treble
               value
               of
               the
               said
               hay
               so
               carryed
               away
               .
               Yet
               Notwithstanding
               the
               said
               
                 T
                 W.
              
               though
               often
               requested
               ,
               &c.
               
            
          
           
             
               Upon
               an
               award
               .
            
             
               R.
               H.
               by
               vertue
               ,
               &c.
               by
               
                 E
                 B.
              
               his
               Atturney
               doth
               complain
               of
               
                 H
                 S.
              
               of
               a
               Plea
               that
               he
               render
               to
               him
               10l.
               of
               ,
               &c.
               which
               he
               oweth
               him
               ,
               and
               unjustly
               detayneth
               ,
               &c.
               
               For
               that
               whereas
               as
               the
               xxvth
               day
               of
               A.
               in
               the
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               it
               was
               concluded
               &
               agreed
               betwixt
               the
               said
               
                 H
                 S.
              
               on
               the
               one
               partie
               ,
               and
               the
               said
               
                 R
                 F.
              
               on
               the
               other
               partie
               ,
               that
               they
               and
               both
               of
               them
               should
               stand
               and
               abide
               ,
               the
               order
               ,
               dome
               and
               Judgment
               of
               
                 J
                 D.
              
               and
               
                 M
                 L.
              
               of
               all
               and
               every
               the
               suites
               ,
               troubles
               ,
               differences
               ,
               debts
               ,
               trespass
               or
               whatsoever
               hath
               formerly
               been
               in
               any
               kinde
               of
               dealing
               betwixt
               them
               two
               from
               the
               beginning
               of
               the
               world
               ,
               
               to
               the
               day
               of
               the
               date
               of
               the
               said
               writing
               ,
               being
               the
               said
               25.
               day
               of
               A.
               or
               else
               one
               or
               either
               partie
               not
               standing
               thereto
               ,
               to
               forfeit
               to
               the
               other
               parties
               the
               sum
               of
               10l.
               of
               ,
               &c.
               
               And
               for
               confirmation
               thereof
               ,
               they
               did
               both
               of
               them
               set
               to
               their
               hands
               and
               seales
               the
               day
               and
               year
               first
               above
               written
               ,
               at
               the
               Castle
               aforesaid
               ,
               &c.
               as
               by
               the
               writing
               thereof
               ,
               (
               ready
               to
               be
               shown
               to
               this
               Court
               )
               may
               appear
               .
               And
               whereas
               afterward
               ,
               that
               is
               to
               say
               ,
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               the
               said
               
                 J
                 D.
              
               and
               
                 M
                 L.
              
               taking
               upon
               them
               the
               charge
               of
               the
               premises
               ,
               by
               their
               order
               in
               writing
               ,
               bearing
               date
               the
               same
               day
               and
               year
               ,
               last
               above
               mentioned
               ,
               and
               here
               in
               Court
               to
               be
               shown
               ,
               did
               arbitrate
               ,
               order
               and
               award
               ,
               that
               the
               said
               
                 R
                 F.
              
               should
               deliver
               to
               the
               said
               
                 H
                 S.
              
               one
               parcell
               of
               starch
               then
               into
               the
               hands
               of
               the
               said
               
                 R
                 F.
              
               and
               the
               bag
               wherein
               the
               starch
               is
               put
               affirmed
               to
               be
               the
               goods
               of
               the
               said
               
                 H
                 S.
              
               upon
               the
               sight
               of
               the
               said
               Order
               .
               And
               further
               ,
               they
               did
               thereby
               order
               and
               award
               ,
               that
               the
               said
               
                 H
                 S.
              
               should
               pay
               or
               cause
               to
               be
               payd
               to
               the
               said
               
               
                 R
                 F.
              
               upon
               the
               sight
               of
               this
               order
               the
               sum
               of
               fifty
               shillings
               of
               ,
               &c.
               
               And
               that
               all
               those
               suites
               ,
               debts
               ,
               trespasses
               ,
               or
               debates
               whatsoever
               from
               the
               beginning
               of
               the
               world
               untill
               the
               said
               25
               th
               day
               of
               A.
               the
               year
               ,
               &c.
               should
               utterly
               cease
               ,
               and
               have
               an
               end
               ;
               or
               else
               the
               partie
               not
               standing
               to
               the
               same
               to
               forfeit
               as
               in
               the
               said
               Order
               is
               expressed
               ,
               the
               sum
               of
               10l.
               as
               by
               the
               said
               award
               sealed
               the
               said
               day
               ,
               year
               ,
               &c.
               by
               the
               said
               Arbitrators
               ,
               and
               here
               in
               Court
               ready
               to
               be
               shown
               ,
               may
               appear
               .
               And
               the
               said
               
                 R
                 F.
              
               in
               fact
               saith
               ,
               that
               though
               he
               hath
               performed
               all
               things
               in
               the
               said
               award
               ,
               on
               his
               part
               to
               be
               performed
               :
               yet
               the
               said
               
                 H
                 S.
              
               hath
               not
               performed
               any
               thing
               in
               the
               said
               award
               on
               his
               part
               to
               be
               performed
               .
               And
               namely
               for
               that
               the
               said
               
                 H
                 S.
              
               hath
               not
               payd
               to
               the
               said
               
                 R
                 F.
              
               upon
               the
               sight
               of
               the
               said
               Order
               ,
               being
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               the
               sum
               of
               50
               s.
               of
               ,
               &c.
               whereby
               action
               doth
               accrew
               to
               the
               said
               
                 R
                 F.
              
               to
               have
               ,
               and
               demand
               of
               the
               said
               
                 H
                 S.
              
               the
               said
               10l.
               The
               said
               
                 H
                 S.
              
               notwithstanding
               ,
               though
               often
               thereunto
               requested
               
               the
               said
               50
               s.
               to
               the
               said
               
                 R
                 F.
              
               hath
               not
               yet
               payd
               ,
               but
               the
               same
               to
               pay
               sc
               .
            
          
           
             
               For
               Atturney's
               Fees.
               
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               R
               A.
               Gentleman
               ,
               &c.
               by
               
                 T
                 S.
              
               his
               Atturney
               doth
               complain
               of
               
                 W
                 P.
              
               of
               a
               Plea
               ,
               that
               he
               do
               render
               unto
               him
               1l.
               17
               s.
               2d.
               of
               ,
               &c.
               which
               he
               doth
               owe
               unto
               him
               ,
               and
               unjustly
               detaines
               from
               him
               ;
               For
               that
               whereas
               the
               said
               
                 W
                 P.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               of
               Y.
               &c.
               did
               retayn
               him
               the
               said
               
                 R
                 A.
              
               to
               be
               the
               Atturney
               of
               him
               the
               said
               
                 W
                 P.
              
               in
               the
               County
               Court
               holden
               at
               the
               Castle
               of
               Y.
               in
               the
               County
               of
               Y.
               before
               the
               suitors
               of
               the
               same
               Court
               to
               prosecute
               as
               the
               Atturney
               of
               him
               the
               said
               
                 W
                 P.
              
               for
               him
               the
               said
               
                 W
                 P.
              
               in
               a
               certain
               action
               ,
               in
               the
               name
               of
               him
               the
               said
               
                 W
                 P.
              
               against
               one
               
                 T
                 C.
              
               of
               a
               Plea
               of
               Debt
               ,
               from
               the
               said
               day
               and
               year
               ,
               &c.
               so
               long
               as
               should
               please
               both
               parties
               ,
               taking
               for
               his
               fees
               and
               paines
               in
               that
               behalf
               sustayned
               every
               Court
               day
               ,
               in
               which
               he
               the
               said
               
                 R
                 A.
              
               should
               be
               the
               
               Atturney
               of
               him
               the
               said
               
                 W
                 P.
              
               in
               the
               said
               cause
               2
               s.
               of
               lawfull
               ,
               &c.
               besides
               his
               other
               reasonable
               charges
               ▪
               and
               expenses
               by
               him
               the
               said
               
                 R
                 A.
              
               in
               and
               about
               the
               prosecution
               of
               the
               said
               action
               to
               be
               layd
               out
               .
               By
               vertue
               of
               which
               said
               retainer
               the
               said
               
                 R
                 A.
              
               was
               the
               Atturney
               of
               him
               the
               said
               
                 W
                 P.
              
               for
               eight
               Court
               dayes
               then
               next
               following
               ;
               and
               that
               he
               did
               lay
               out
               to
               the
               Clark
               and
               other
               offices
               of
               the
               said
               Court
               ,
               in
               and
               about
               the
               prosecution
               of
               the
               said
               suite
               1l.
               1
               s.
               2d.
               of
               ,
               &c.
               which
               together
               with
               the
               16
               s.
               for
               his
               fees
               for
               the
               said
               Court
               dayes
               ,
               doth
               in
               all
               amount
               to
               1l.
               17
               s.
               2d.
               of
               &c.
               
               By
               reason
               whereof
               an
               action
               doth
               accrew
               to
               the
               said
               
                 R
                 A.
              
               to
               have
               and
               recover
               of
               him
               the
               said
               
                 W
                 P.
              
               the
               said
               1l.
               17
               s.
               2d.
               yet
               the
               said
               
                 W
                 P.
              
               although
               often
               requested
               the
               said
               ,
               &c.
               to
               the
               said
               
                 R
                 A.
              
               he
               hath
               not
               rendred
               ;
               but
               to
               render
               the
               same
               to
               him
               he
               hath
               altogether
               hitherto
               refused
               ,
               and
               doth
               yet
               refuse
               :
               to
               the
               great
               damage
               of
               him
               the
               said
               
                 R
                 A.
              
               Whereupon
               he
               saith
               ,
               that
               he
               is
               damnified
               ,
               and
               hath
               damage
               to
               the
               value
               of
               xxxv
               s.
               And
               thereupon
               
               he
               brings
               this
               suite
               ,
               &c.
               
            
          
        
         
           
             
               For
               Coales
               promising
               to
               pay
               so
               much
               as
               they
               should
               reasonably
               be
               worth
               .
            
             
               I
               I.
               by
               &c.
               complaines
               of
               
                 R
                 R.
              
               of
               a
               Plea
               of
               trespars
               upon
               the
               case
               ,
               &c.
               for
               that
               whereas
               the
               said
               
                 R
                 R.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               
               In
               Consideration
               that
               the
               said
               
                 J
                 J.
              
               at
               the
               request
               of
               the
               said
               
                 R.
                 R.
              
               had
               bargained
               and
               sold
               unto
               the
               said
               
                 R
                 R.
              
               eleven
               wains
               loads
               of
               coales
               ;
               he
               did
               assume
               upon
               himself
               ,
               and
               to
               the
               said
               
                 J
                 J.
              
               then
               and
               there
               faithfully
               promise
               ,
               that
               he
               the
               said
               
                 R
                 R.
              
               so
               much
               as
               the
               said
               eleven
               wain
               loads
               of
               coales
               should
               be
               reasonably
               worth
               unto
               the
               said
               
                 J
                 J.
              
               when
               he
               should
               be
               thereunto
               requested
               would
               well
               and
               faithfully
               pay
               and
               content
               .
               And
               the
               said
               
                 J
                 J.
              
               in
               fact
               saith
               ,
               that
               the
               said
               eleven
               wain
               loads
               of
               coals
               was
               reasonably
               worth
               xxxiii
               s.
               of
               &c.
               
               Yet
               notwithstanding
               the
               said
               
                 R
                 R.
              
               not
               regarding
               his
               promise
               ,
               and
               assumption
               aforesaid
               ,
               but
               subtilly
               and
               
               craftily
               intending
               to
               defraud
               and
               deceived
               the
               said
               
                 J
                 J.
              
               in
               the
               premises
               ,
               although
               he
               hath
               been
               often
               requested
               the
               aforesaid
               
                 xxxiii
                 s.
              
               unto
               the
               said
               
                 J
                 J.
              
               he
               hath
               not
               payd
               ,
               but
               the
               same
               unto
               him
               to
               pay
               altogether
               hitherto
               he
               hath
               refused
               ,
               and
               as
               yet
               doth
               refuse
               ,
               contrary
               to
               his
               promise
               and
               assumption
               aforesaid
               ;
               to
               the
               great
               damage
               of
               the
               said
               
                 J
                 J.
              
               wherefore
               he
               saith
               ,
               he
               is
               worse
               ,
               and
               hath
               damage
               to
               the
               value
               of
               xxxix
               s.
               And
               thereupon
               produceth
               suite
               ,
               &c.
               
            
          
           
             
               For
               a
               Horse
               sold
               warranted
               to
               be
               sound
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               W.
               M.
               by
               
                 R
                 B.
              
               his
               Atturney
               ,
               complaines
               of
               
                 R
                 K.
              
               of
               a
               Plea
               of
               trespass
               upon
               the
               case
               .
               That
               whereas
               the
               said
               
                 W
                 M.
              
               the
               day
               ,
               and
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               did
               buy
               of
               the
               said
               
                 R
                 K.
              
               one
               black
               gelding
               for
               5l.
               of
               ,
               &c.
               he
               the
               said
               
                 R
                 K.
              
               then
               and
               there
               did
               warrant
               the
               said
               Gelding
               to
               be
               whole
               ,
               sound
               ,
               and
               not
               infected
               with
               any
               disease
               or
               infirmitie
               :
               And
               the
               said
               
                 W
                 M.
              
               in
               fact
               
               saith
               ,
               that
               the
               said
               Gelding
               was
               then
               so
               infected
               with
               the
               glaunders
               ,
               and
               divers
               other
               diseases
               and
               infirmities
               ,
               as
               the
               said
               Gelding
               was
               nothing
               worth
               to
               the
               said
               
                 W
                 M.
              
               to
               the
               damage
               of
               the
               said
               
                 W
                 M.
              
               of
               xxxix
               s.
               And
               thereupon
               he
               brings
               this
               action
               ,
               &c.
               
            
          
           
             
               For
               a
               Horse
               lent
               promising
               to
               redeliver
               him
               ,
               &c.
               
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               
                 J.
                 R.
              
               complains
               of
               
                 J
                 A.
              
               of
               a
               Plea
               of
               trespass
               upon
               the
               Case
               ,
               &c.
               
               That
               whereas
               the
               said
               
                 J
                 A.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               
               In
               consideration
               that
               the
               said
               
                 J
                 R.
              
               then
               and
               there
               at
               the
               instance
               and
               request
               of
               the
               said
               
                 J
                 A.
              
               had
               lent
               and
               delivered
               unto
               the
               said
               
                 J
                 A.
              
               one
               Bay
               Nag
               of
               the
               price
               of
               6l.
               to
               be
               redelivered
               to
               the
               said
               
                 J
                 R.
              
               when
               after
               that
               he
               should
               be
               thereunto
               requested
               ,
               the
               said
               
                 J
                 A.
              
               assumed
               upon
               himself
               ,
               and
               to
               the
               said
               
                 J
                 R.
              
               then
               and
               there
               faithfully
               promised
               ,
               that
               he
               the
               said
               
                 J
                 A.
              
               the
               said
               Bay
               Nag
               unto
               the
               said
               
                 J
                 R.
              
               when
               after
               he
               should
               be
               thereunto
               requested
               ,
               would
               faithfully
               
               restore
               and
               deliver
               ,
               and
               also
               xiid
               .
               of
               ,
               &c.
               for
               every
               day
               wherein
               the
               said
               
                 J
                 A.
              
               should
               labour
               or
               ride
               the
               said
               Nag
               ,
               to
               the
               said
               
                 J
                 R.
              
               when
               after
               that
               he
               should
               be
               thereunto
               requested
               ,
               well
               and
               faithfully
               would
               pay
               &
               content
               .
               And
               the
               said
               
                 J
                 R.
              
               in
               fact
               saith
               ,
               that
               he
               the
               said
               
                 J
                 A.
              
               fourty
               dayes
               did
               labour
               or
               ride
               the
               said
               Nag
               .
               Nevertheless
               the
               said
               
                 J
                 A.
              
               his
               promise
               and
               assumption
               aforesaid
               not
               regarding
               ,
               but
               craftily
               and
               subtilly
               intending
               ,
               to
               defraude
               and
               deceive
               the
               said
               
                 J
                 R.
              
               in
               the
               premises
               ,
               although
               the
               day
               ,
               year
               ,
               &c.
               abovesaid
               ,
               as
               also
               at
               diverse
               dayes
               and
               times
               after
               that
               ,
               and
               before
               the
               Commencement
               of
               this
               suite
               ,
               at
               the
               Castle
               ,
               &c.
               he
               hath
               often
               been
               requested
               to
               deliver
               the
               said
               Nag
               ,
               to
               the
               said
               
                 J
                 R.
              
               But
               the
               said
               Nag
               to
               restore
               or
               deliver
               ,
               to
               the
               said
               
                 J
                 R.
              
               he
               hath
               not
               delivered
               ,
               and
               the
               same
               to
               restore
               or
               deliver
               he
               hath
               altogether
               refused
               ,
               and
               yet
               doth
               refuse
               ,
               no
               nor
               fourtie
               shillings
               for
               the
               labour
               or
               hire
               of
               the
               said
               Nag
               ,
               the
               said
               fourty
               dayes
               ,
               to
               the
               said
               
                 J
                 R.
              
               hath
               not
               paid
               ,
               but
               the
               same
               to
               pay
               he
               likewise
               hath
               refused
               ,
               and
               
               still
               doth
               refuse
               ,
               contrary
               to
               his
               promise
               and
               assumption
               aforesaid
               ,
               to
               the
               great
               damage
               of
               him
               the
               said
               
                 J
                 R.
              
               of
               ,
               &c.
               
            
          
           
             
               For
               Adgysting
               of
               beasts
               .
            
             
               
                 County
                 Court.
                 ss
                 .
                 #
              
            
             
               
                 T.
                 B.
              
               complaines
               of
               
                 J
                 S.
              
               upon
               a
               Plea
               of
               trespass
               upon
               the
               Case
               ;
               For
               that
               whereas
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               
               In
               Consideration
               that
               the
               said
               
                 T
                 B.
              
               at
               the
               speciall
               instance
               and
               request
               of
               
                 J
                 D.
              
               in
               his
               life
               time
               ,
               would
               depasture
               and
               feed
               two
               Oxen
               of
               the
               said
               
                 J
                 D.
              
               in
               the
               ground
               of
               the
               said
               
                 T
                 B.
              
               in
               A.
               within
               the
               said
               County
               ,
               &c.
               
               From
               the
               said
               day
               ,
               year
               ,
               &c.
               unto
               the
               end
               of
               one
               month
               next
               following
               ,
               he
               the
               said
               
                 J
                 D.
              
               in
               his
               life
               time
               ,
               did
               assume
               upon
               himself
               ,
               and
               to
               the
               said
               
                 T
                 B.
              
               then
               and
               there
               faithfully
               promised
               ,
               that
               the
               said
               
                 J
                 D.
              
               as
               much
               as
               the
               said
               depasturing
               ,
               and
               feeding
               ,
               should
               be
               reasonably
               worth
               to
               the
               said
               
                 T
                 B.
              
               when
               he
               the
               said
               
                 J
                 D.
              
               should
               be
               thereunto
               requested
               well
               and
               truly
               would
               content
               and
               pay
               .
               And
               the
               said
               
                 T
                 B.
              
               in
               fact
               saith
               ,
               that
               he
               from
               the
               said
               day
               ,
               yeare
               ,
               &c.
               unto
               the
               end
               of
               
               one
               moneth
               then
               next
               following
               did
               depasture
               ,
               and
               feed
               the
               said
               two
               Oxen
               of
               the
               said
               
                 J
                 D.
              
               in
               the
               said
               ground
               of
               the
               said
               
                 T
                 B.
              
               in
               A.
               aforesaid
               ,
               and
               that
               the
               said
               depasturing
               and
               feeding
               was
               reasonably
               worth
               xii
               s.
               of
               &c.
               
               Yet
               notwithstanding
               the
               said
               
                 J
                 D.
              
               in
               his
               life
               time
               ,
               and
               the
               said
               
                 J
                 S.
              
               after
               the
               death
               of
               the
               said
               
                 J
                 D.
              
               the
               promises
               and
               assumptions
               of
               the
               said
               
                 J
                 D.
              
               not
               regarding
               ,
               but
               endeavouring
               ,
               and
               fraudulently
               intending
               ,
               the
               said
               
                 T
                 B.
              
               in
               this
               behalf
               craftily
               and
               subtilly
               to
               deceive
               and
               defraud
               ;
               the
               said
               xii
               s.
               or
               any
               penny
               thereof
               ,
               to
               the
               said
               
                 T
                 B.
              
               as
               yet
               hath
               not
               payd
               ,
               not
               for
               the
               same
               any
               way
               contented
               ,
               but
               the
               same
               to
               pay
               the
               said
               
                 J
                 D.
              
               in
               his
               life
               time
               ,
               and
               the
               said
               
                 J
                 S.
              
               after
               his
               death
               hath
               refused
               ,
               and
               as
               yet
               doth
               refuse
               :
               although
               the
               said
               
                 J
                 D.
              
               in
               his
               life
               time
               ,
               afterwards
               ,
               that
               is
               to
               say
               ,
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               was
               thereunto
               requested
               ;
               whereupon
               the
               said
               
                 T
                 B.
              
               saith
               ,
               he
               is
               worse
               ,
               &
               hath
               damage
               to
               the
               value
               of
               xxx
               s.
               and
               thereupon
               produceth
               suit
               ,
               &c.
               
            
          
           
             
             
               For
               curing
               a
               wound
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               A.
               S.
               complains
               of
               
                 W.
                 H.
              
               in
               &c.
               for
               that
               whereas
               the
               said
               
                 W.
                 H.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               &c.
               being
               then
               and
               therefore
               wounded
               in
               his
               throat
               and
               back
               ,
               with
               the
               stab
               of
               a
               knife
               ;
               In
               consideration
               that
               the
               said
               
                 A.
                 S.
              
               at
               the
               speciall
               instance
               and
               request
               of
               the
               said
               
                 W.
                 H.
              
               would
               to
               the
               best
               of
               his
               art
               and
               skill
               of
               a
               Chirurgeon
               ,
               endeavour
               to
               cure
               the
               wound
               of
               the
               said
               
                 W.
                 H.
              
               and
               take
               pains
               and
               labour
               therein
               ,
               he
               the
               said
               
                 W.
                 H.
              
               did
               assume
               upon
               himself
               ,
               and
               to
               the
               said
               
                 A.
                 S.
              
               then
               and
               there
               faithfully
               promised
               ,
               that
               he
               the
               said
               
                 W.
                 H.
              
               so
               much
               as
               the
               said
               endeavour
               ,
               labour
               and
               pains
               of
               him
               the
               said
               
                 A.
                 S.
              
               to
               cure
               the
               said
               wounds
               of
               the
               said
               
                 W.
                 H.
              
               and
               his
               charges
               and
               pains
               there
               in
               should
               be
               reasonable
               worth
               ,
               unto
               the
               said
               
                 A.
                 S.
              
               when
               he
               should
               be
               thereunto
               required
               .
               would
               well
               and
               faithfully
               pay
               and
               content
               .
               And
               the
               said
               
                 A.
                 S.
              
               in
               fact
               saith
               ,
               that
               his
               endeavour
               ,
               labour
               and
               pains
               to
               cure
               
               the
               said
               wounds
               of
               the
               said
               
                 W.
                 H.
              
               and
               his
               charges
               therein
               ,
               was
               reasonably
               worth
               30
               s.
               of
               &c.
               
               Nothwithstanding
               the
               said
               
                 W.
                 H.
              
               not
               caring
               for
               his
               promise
               and
               assumption
               aforesaid
               ,
               but
               endeavouring
               and
               fraudulently
               intending
               him
               the
               said
               
                 A.
                 S.
              
               in
               this
               behalf
               ,
               craftilie
               and
               subtily
               to
               deceive
               and
               defraud
               ,
               &c.
               
            
          
           
             
               For
               a
               Laborours
               hire
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               M
               R.
               complains
               of
               
                 G
                 N.
              
               in
               an
               &c.
               for
               that
               whereas
               the
               said
               
                 G.
                 N.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               &c.
               
               In
               consideration
               that
               the
               said
               
                 M.
                 R.
              
               then
               and
               there
               at
               the
               request
               of
               the
               said
               
                 G.
                 N.
              
               would
               cut
               down
               certain
               whins
               of
               the
               said
               
                 G.
                 N.
              
               then
               growing
               and
               being
               in
               a
               close
               called
               the
               O.
               lying
               in
               the
               Town-ship
               of
               H.
               in
               the
               County
               aforesaid
               ,
               and
               make
               the
               same
               whins
               into
               whin-kids
               or
               faggots
               ,
               the
               said
               
                 G.
                 N.
              
               assumed
               upon
               himself
               ,
               and
               to
               the
               said
               
                 M.
                 R.
              
               then
               and
               there
               faithfully
               promised
               ,
               that
               he
               the
               said
               
                 G.
                 N.
              
               as
               much
               as
               would
               please
               or
               content
               him
               the
               said
               
                 M.
                 R.
              
               
               for
               his
               work
               and
               labour
               ,
               in
               cutting
               down
               and
               kidding
               the
               said
               whins
               in
               the
               close
               aforesaid
               ,
               as
               long
               as
               the
               said
               
                 M.
                 R.
              
               should
               so
               work
               and
               labour
               for
               the
               said
               
                 G.
                 N.
              
               when
               afterwards
               that
               he
               should
               be
               thereunto
               requested
               would
               well
               and
               faithfully
               pay
               and
               content
               .
               And
               the
               aforesaid
               
                 M.
                 R.
              
               doth
               aver
               and
               say
               ,
               that
               accordingly
               ,
               he
               did
               cut
               down
               and
               kid
               whins
               for
               the
               said
               
                 G.
                 N.
              
               in
               the
               close
               aforesaid
               by
               the
               space
               of
               one
               whole
               day
               then
               next
               after
               ,
               and
               that
               he
               well
               deserved
               12
               d.
               of
               &c.
               for
               his
               wages
               ,
               for
               his
               day-work
               ,
               and
               labour
               ,
               and
               that
               12
               d.
               is
               a
               reasonable
               summe
               to
               please
               and
               content
               him
               for
               his
               said
               day-work
               &
               labour
               ,
               in
               cutting
               down
               and
               kidding
               of
               the
               said
               whins
               as
               aforesaid
               ;
               yet
               notwithstanding
               the
               aforesaid
               
                 G.
                 N.
              
               his
               promise
               and
               assumption
               aforesaid
               ,
               little
               minding
               or
               regarding
               ,
               but
               craftilie
               and
               subtlely
               intending
               to
               deceive
               and
               defraud
               the
               said
               
                 M
                 R.
              
               in
               the
               premisses
               ,
               although
               &c.
               
            
          
           
             
             
               In
               consideration
               that
               the
               Plantiff
               would
               deliver
               unto
               one
               
                 E.
                 L.
              
               certain
               mercerie
               wares
               ,
               if
               he
               did
               not
               pay
               for
               them
               ,
               the
               Defendant
               would
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               P.
               B.
               
                 Esq
              
               by
               vertue
               of
               a
               Writ
               ,
               &c.
               doth
               complain
               of
               H.S.
               of
               an
               action
               ,
               &c.
               for
               that
               whereas
               ,
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               
               In
               consideration
               that
               the
               said
               
                 P.
                 B.
              
               (
               being
               then
               and
               yet
               a
               Mercer
               of
               the
               Citie
               of
               Y.
               would
               deliver
               unto
               
                 E.
                 L.
              
               for
               the
               use
               of
               the
               said
               
                 E.
                 L.
              
               such
               parcells
               of
               Mercery
               wares
               ,
               as
               he
               the
               said
               
                 E.
                 L.
              
               should
               take
               up
               and
               receive
               of
               the
               said
               
                 P.
                 B.
              
               he
               the
               said
               
                 H.
                 S.
              
               did
               assume
               upon
               himself
               ,
               and
               to
               the
               said
               
                 P.
                 B.
              
               then
               and
               there
               did
               faithfully
               promise
               ,
               that
               if
               the
               said
               E.L.
               should
               not
               pay
               and
               satisfie
               the
               said
               P.B.
               for
               the
               said
               wares
               at
               such
               rates
               and
               prizes
               ,
               as
               the
               said
               
                 E.
                 L.
              
               and
               the
               said
               
                 P.
                 B.
              
               should
               agree
               upon
               ,
               that
               he
               the
               said
               
                 H.
                 S.
              
               would
               well
               and
               truely
               pay
               and
               satisfie
               unto
               the
               said
               
                 P.
                 B.
              
               all
               such
               moneys
               as
               the
               said
               E.L.
               and
               P.B.
               should
               agree
               upon
               for
               the
               rates
               and
               prizes
               of
               
               the
               said
               wares
               ,
               betwixt
               the
               said
               day
               ,
               year
               ,
               &c.
               and
               May-day
               then
               next
               after
               ;
               And
               the
               said
               
                 P.
                 B.
              
               in
               fact
               saith
               ,
               that
               afterwards
               ,
               that
               is
               to
               say
               ,
               the
               day
               ,
               &c.
               and
               year
               aforesaid
               ,
               at
               the
               Castle
               &c.
               aforesaid
               ,
               the
               said
               
                 E.
                 L.
              
               did
               take
               up
               and
               receive
               of
               the
               said
               
                 P.
                 B.
              
               Mercerie
               wares
               ,
               hereafter
               following
               (
               that
               is
               to
               say
               )
               7.
               yards
               of
               black
               Flanders-searge
               ,
               for
               38
               s.
               and
               five
               yards
               of
               Italiana
               ,
               for
               26
               s.
               of
               lawfull
               ,
               &c.
               both
               which
               rates
               and
               prizes
               were
               then
               and
               there
               agreed
               upon
               ,
               between
               the
               said
               
                 E.
                 L.
              
               and
               the
               said
               
                 P.
                 B.
              
               and
               did
               amount
               to
               the
               summe
               of
               3
               l.
               and
               4
               s.
               of
               &c.
               which
               said
               summe
               of
               &c.
               or
               any
               penny
               thereof
               the
               said
               
                 E.
                 L.
              
               hath
               not
               yet
               paid
               ,
               or
               satisfied
               to
               the
               said
               
                 P.
                 B.
              
               Notwithstanding
               the
               said
               
                 H.
                 S.
              
               his
               promise
               and
               assumption
               aforesaid
               ,
               not
               regarding
               ,
               but
               endeavouring
               ,
               &c.
               
            
          
           
             
               Slander
               for
               calling
               the
               Plantiff
               Thief
               ,
               &c.
               
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               E.R.
               complains
               of
               
                 ●
                 .
                 S.
              
               of
               a
               Plea
               ,
               &c.
               whereas
               the
               said
               E.R.
               is
               a
               good
               ,
               true
               ,
               
               faithfull
               ,
               and
               honest
               member
               of
               this
               Common-wealth
               of
               England
               ,
               and
               of
               a
               good
               name
               ,
               report
               credit
               ,
               conversation
               ,
               condition
               ,
               reputation
               and
               esteem
               ,
               as
               well
               amongst
               his
               neighbours
               (
               and
               faithfull
               members
               of
               this
               Common-wealth
               )
               as
               also
               other
               honest
               persons
               to
               whom
               the
               said
               
                 E.
                 R.
              
               hath
               been
               known
               from
               the
               time
               of
               his
               birth
               ,
               and
               hath
               been
               noted
               ,
               esteemed
               ,
               and
               reported
               ,
               and
               without
               any
               stain
               ,
               blemish
               ,
               or
               suspition
               of
               theft
               ,
               falsehood
               ,
               deceit
               ,
               fraud
               or
               of
               any
               other
               notorious
               crime
               ,
               he
               hath
               carryed
               and
               behaved
               himself
               ,
               all
               his
               life
               time
               free
               ,
               untouched
               ,
               and
               not
               in
               the
               least
               wise
               suspected
               .
               Nevertheless
               the
               aforesaid
               
                 G.
                 S.
              
               not
               being
               ignorant
               of
               the
               Premisses
               ,
               but
               out
               of
               his
               meere
               mallice
               ,
               evilly
               intending
               ,
               not
               onely
               the
               good
               name
               ,
               report
               ,
               opinion
               ,
               credit
               ,
               esteem
               and
               reputation
               ,
               of
               the
               said
               E.R.
               to
               hurt
               ,
               wound
               ,
               detract
               ,
               &
               utterly
               to
               destroy
               ,
               but
               also
               to
               bring
               the
               said
               
                 E.
                 R.
              
               into
               trouble
               ,
               vexation
               and
               infamie
               ,
               the
               day
               ,
               year
               ,
               and
               place
               ,
               &c.
               in
               the
               County
               aforesaid
               ,
               false
               ,
               faigned
               ,
               mallicious
               and
               scandolous
               words
               ,
               to
               
               the
               said
               
                 E
                 R.
              
               and
               of
               the
               said
               
                 E
                 R.
              
               in
               the
               presence
               and
               hearing
               of
               many
               honest
               and
               credible
               men
               ,
               openly
               and
               publiquely
               ,
               did
               speak
               and
               publish
               in
               these
               words
               following
               .
               Thou
               (
               meaning
               the
               said
               
                 E
                 R.
              
               art
               a
               thiefe
               ,
               )
               and
               I
               (
               meaning
               the
               aforesaid
               GS
               .
               )
               wil
               prove
               thee
               (
               meaning
               the
               said
               
                 E
                 R.
              
               )
               a
               thiefe
               ,
               and
               a
               horse-stealing
               thiefe
               from
               thy
               cradle
               .
               By
               reason
               and
               means
               of
               which
               false
               ,
               feigned
               ,
               scandalous
               ,
               and
               malicious
               words
               declared
               and
               published
               as
               aforesaid
               ,
               the
               aforesaid
               
                 E
                 R.
              
               is
               much
               hurt
               ,
               wounded
               and
               damnified
               in
               his
               good
               name
               ,
               report
               ,
               credit
               and
               reputation
               aforesaid
               ;
               in
               which
               before
               that
               time
               with
               very
               many
               honest
               and
               faithfull
               members
               of
               this
               Common-wealth
               he
               was
               reputed
               ,
               and
               also
               the
               said
               
                 E
                 R.
              
               into
               great
               discredit
               ,
               suspion
               and
               infamy
               ,
               with
               many
               faithfull
               and
               honest
               persons
               is
               thereby
               induced
               and
               brought
               ,
               so
               that
               divers
               persons
               ,
               who
               before
               that
               time
               did
               accompany
               ,
               respect
               ,
               and
               much
               esteem
               the
               aforesaid
               
                 E
                 R.
              
               themselves
               from
               the
               company
               ,
               and
               society
               of
               the
               said
               
                 E
                 R.
              
               do
               now
               withdraw
               ,
               and
               absent
               themselves
               ,
               
               and
               further
               with
               the
               aforesaid
               
                 E
                 R.
              
               to
               intermeddle
               ,
               buy
               ,
               sell
               ,
               or
               commerce
               have
               altogether
               refused
               ,
               and
               still
               do
               refuse
               ,
               to
               the
               great
               damage
               of
               the
               said
               
                 E
                 R.
              
               of
               xxx
               s.
               And
               therefore
               he
               hath
               brought
               this
               suite
               ,
               &c.
               
            
          
           
             
               For
               slanderously
               calling
               the
               Plaintiff
               Banckrupt
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               E
               B.
               complaines
               of
               
                 E
                 M.
              
               in
               a
               Plea
               of
               trespas
               upon
               the
               Case
               ;
               For
               that
               ,
               whereas
               the
               said
               
                 E
                 B.
              
               a
               good
               ,
               true
               faithfull
               ,
               and
               honest
               member
               of
               this
               Commonwealth
               ,
               and
               like
               a
               good
               ,
               honest
               ,
               and
               faithfull
               member
               of
               the
               said
               Commonwealth
               ,
               now
               and
               from
               the
               time
               of
               his
               nativity
               hitherto
               ,
               without
               any
               spot
               or
               suspition
               of
               deceit
               ,
               corruption
               ,
               bankrupt
               ,
               or
               fraud
               ,
               or
               any
               one
               of
               them
               ,
               hath
               carryed
               ,
               behaved
               ,
               and
               governed
               himself
               ,
               and
               of
               good
               name
               ,
               fame
               ,
               credit
               and
               estimation
               ,
               trust
               ,
               and
               carryage
               ,
               of
               great
               substance
               of
               riches
               ,
               always
               hitherto
               hath
               been
               reported
               ,
               and
               held
               ,
               and
               honestly
               ,
               justly
               ,
               and
               faithfully
               ,
               in
               all
               his
               intermissions
               ,
               and
               businesses
               with
               whomsoever
               
               had
               and
               made
               throughout
               the
               whole
               time
               aforesaid
               ,
               himself
               hath
               carryed
               and
               behaved
               .
               And
               whereas
               ,
               he
               the
               said
               
                 E
                 B.
              
               the
               day
               ,
               year
               ,
               &c.
               and
               by
               the
               space
               of
               ten
               years
               last
               ,
               and
               continually
               afterwards
               hitherto
               the
               art
               mystery
               or
               faculty
               of
               an
               Apothecary
               of
               the
               City
               of
               Y.
               exercised
               &
               used
               ;
               his
               living
               and
               maintenance
               of
               himself
               and
               his
               family
               ,
               by
               exercising
               &
               using
               the
               art
               ,
               mysterie
               or
               facultie
               through
               the
               whole
               time
               aforesaid
               ,
               well
               plentifully
               and
               sufficiently
               had
               gotten
               and
               gained
               ,
               and
               also
               divers
               great
               sums
               of
               money
               ,
               by
               lawfully
               buying
               and
               selling
               ,
               merchandising
               and
               bargaining
               ,
               upon
               his
               credit
               of
               divers
               wares
               ,
               and
               other
               things
               belonging
               to
               the
               art
               ,
               mysterie
               ,
               or
               faculty
               of
               him
               the
               said
               
                 E
                 B.
              
               to
               the
               better
               maintenace
               of
               him
               and
               his
               family
               ,
               and
               to
               the
               great
               increase
               of
               his
               riches
               ,
               justly
               and
               honestly
               through
               the
               whole
               time
               aforesaid
               had
               obtained
               ,
               and
               all
               and
               singular
               sums
               for
               what
               things
               or
               merchandizes
               whatsoever
               by
               him
               or
               of
               any
               other
               persons
               throughout
               the
               said
               time
               ,
               upon
               credit
               had
               bought
               or
               received
               ,
               or
               by
               
               any
               way
               due
               ,
               he
               the
               said
               
                 E
                 B.
              
               to
               any
               such
               person
               to
               him
               the
               said
               
                 E
                 B.
              
               so
               giving
               credit
               according
               to
               the
               contract
               and
               agreement
               betwixt
               them
               concorded
               and
               made
               ,
               without
               fraud
               or
               delay
               had
               payd
               by
               the
               parcell
               ;
               of
               which
               said
               premises
               ,
               and
               also
               by
               reason
               of
               his
               honest
               carriage
               ,
               towards
               all
               persons
               ,
               he
               the
               said
               
                 E
                 B.
              
               the
               chief
               credit
               ,
               and
               good
               opinion
               amongst
               all
               his
               neighbours
               ,
               and
               amongst
               very
               many
               honorable
               persons
               ,
               and
               other
               people
               of
               the
               said
               commonwealth
               to
               whom
               he
               was
               known
               he
               deservedly
               had
               and
               gained
               to
               himself
               .
               The
               said
               
                 E
                 N.
              
               notwithstanding
               not
               ignorant
               of
               the
               premises
               ,
               but
               the
               hap
               and
               condition
               aforesaid
               ,
               of
               the
               said
               
                 E
                 B.
              
               maliciously
               devising
               ,
               imagining
               ,
               and
               fraudulently
               intending
               the
               said
               state
               ,
               name
               ,
               fame
               ,
               credit
               ,
               trust
               and
               estimation
               of
               the
               said
               
                 E
                 B.
              
               to
               hurt
               ,
               deprive
               and
               to
               cause
               him
               ,
               the
               said
               
                 E
                 B.
              
               to
               fall
               into
               want
               ,
               discredit
               and
               poverty
               ,
               and
               to
               be
               accepted
               and
               reputed
               of
               such
               an
               evill
               carriage
               ,
               and
               also
               for
               a
               Banckrupt
               ,
               and
               a
               man
               of
               no
               credit
               amongst
               all
               the
               faithfull
               members
               of
               this
               Commonwealth
               ,
               
               that
               they
               all
               from
               the
               company
               of
               him
               the
               said
               
                 E
                 B.
              
               as
               from
               the
               consort
               of
               a
               Banckrupt
               person
               ,
               or
               man
               worthy
               of
               no
               credit
               ,
               might
               altogether
               withdraw
               themselves
               ,
               and
               forbear
               with
               the
               said
               
                 E
                 B.
              
               to
               bargain
               ,
               sell
               or
               deal
               they
               might
               altogether
               give
               over
               ,
               afterwards
               (
               to
               wit
               )
               on
               the
               day
               year
               ▪
               &c.
               aforesaid
               at
               Y.
               aforesaid
               these
               false
               ,
               scandalous
               and
               opprobrious
               English
               words
               following
               of
               him
               the
               said
               
                 E
                 B.
              
               in
               the
               presence
               and
               hearing
               of
               diverse
               faithfull
               members
               of
               this
               Commonwealth
               then
               and
               there
               present
               and
               hearing
               ,
               falsely
               ,
               maliciously
               and
               scandalously
               with
               a
               loud
               voyce
               said
               ,
               proclaimed
               ,
               pronounced
               and
               published
               (
               to
               wit
               
                 E
                 B.
              
               meaning
               the
               said
               
                 E
                 B.
              
               plaintiff
               )
               is
               a
               rogue
               and
               a
               Banckrupt
               ,
               and
               I
               (
               meaning
               himself
               the
               said
               
                 E
                 N.
              
               now
               defendant
               )
               will
               prove
               him
               one
               .
               By
               reason
               of
               the
               speaking
               and
               proclaiming
               of
               which
               said
               false
               scandalous
               and
               opprobrious
               words
               ,
               he
               the
               said
               
                 E
                 B.
              
               not
               onely
               in
               his
               good
               name
               ,
               fame
               ,
               credit
               ,
               trust
               and
               estimation
               aforesaid
               ,
               is
               greatly
               hurt
               and
               scandalised
               ,
               but
               also
               hereby
               
               doth
               stand
               deprived
               ,
               and
               utterly
               spoyled
               ,
               that
               his
               said
               neighbours
               and
               other
               faithfull
               members
               of
               this
               Common-wealth
               with
               him
               the
               said
               
                 E
                 B.
              
               to
               buy
               ,
               merchandize
               ,
               bargain
               ,
               or
               any
               way
               to
               meddle
               ,
               or
               deal
               ,
               do
               altogether
               distrust
               and
               refuse
               him
               the
               said
               
                 C
                 D.
              
               for
               a
               consumer
               ,
               waster
               and
               detayner
               of
               other
               mens
               riches
               and
               estates
               ,
               they
               repute
               and
               suppose
               h●m
               to
               be
               by
               the
               said
               
                 E
                 N.
              
               not
               onely
               in
               exercising
               and
               maintayning
               of
               his
               art
               ,
               mystery
               or
               facultie
               is
               very
               much
               hindered
               ,
               and
               his
               estate
               and
               substance
               is
               very
               much
               weakned
               and
               consumed
               ,
               but
               also
               hath
               been
               constrained
               and
               compelled
               to
               lay
               out
               and
               spend
               d●verse
               great
               sums
               of
               money
               in
               clearing
               himself
               ,
               of
               the
               premises
               aforesaid
               layd
               upon
               him
               ,
               for
               the
               recovering
               of
               his
               good
               name
               ,
               fame
               ,
               credit
               ,
               trust
               and
               estimation
               aforesaid
               ,
               whereupon
               the
               said
               
                 E
                 B.
              
               saith
               ,
               that
               he
               is
               made
               worse
               ,
               and
               hath
               damage
               to
               the
               value
               of
               200l.
               And
               thereupon
               produceth
               this
               suite
               ,
               &c.
               
            
          
           
             
             
               In
               consideration
               that
               the
               Plaintiff
               would
               marry
               E
               R.
               the
               Defendant
               promised
               to
               make
               him
               worth
               
                 200
                 l.
                 
              
            
             
               
                 Yo
                 ss
                 .
                 #
              
            
             
               
                 W.
                 P.
              
               &c.
               complaines
               of
               
                 P.
                 W.
              
               of
               a
               Plea
               ,
               &c.
               
               
               That
               whereas
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               there
               was
               a
               communication
               between
               the
               said
               
                 W.
                 P.
              
               and
               the
               said
               
                 P.
                 W.
              
               of
               and
               concerning
               the
               said
               
                 W.
                 P.
              
               taking
               to
               wife
               one
               
                 E
                 R.
              
               the
               daughter
               of
               one
               
                 S
                 R.
              
               of
               &c.
               
               County
               ,
               &c.
               the
               said
               
                 B
                 W.
              
               in
               consideration
               that
               the
               said
               
                 W
                 P.
              
               at
               the
               speciall
               instance
               and
               request
               of
               the
               said
               
                 P
                 W.
              
               according
               to
               the
               lawes
               and
               customes
               of
               England
               by
               the
               consent
               of
               the
               said
               
                 S
                 R.
              
               would
               marry
               and
               take
               to
               wife
               the
               said
               
                 E
                 R.
              
               upon
               himself
               did
               assume
               and
               to
               the
               said
               
                 W
                 P.
              
               then
               and
               there
               did
               faithfully
               promise
               ,
               that
               he
               the
               said
               
                 P
                 W.
              
               would
               make
               him
               the
               said
               
                 P
                 W.
              
               worth
               200l.
               of
               ,
               &c.
               and
               better
               ,
               immediately
               after
               the
               solemnization
               of
               the
               marriage
               of
               the
               said
               
                 W
                 P.
              
               and
               the
               said
               
                 E
                 R.
              
               And
               the
               said
               
                 W
                 P.
              
               indeed
               saith
               ,
               that
               in
               hopes
               of
               the
               performance
               of
               the
               promise
               
               and
               assumption
               of
               the
               said
               
                 P
                 W.
              
               and
               at
               the
               speciall
               instance
               and
               request
               of
               the
               said
               
                 P
                 W.
              
               afterwards
               (
               that
               is
               to
               say
               ,
               )
               the
               day
               ,
               year
               ,
               &c.
               at
               ,
               &c.
               aforesaid
               the
               said
               
                 W
                 P.
              
               according
               to
               the
               lawes
               and
               customes
               of
               England
               by
               the
               consent
               of
               
                 S
                 R.
              
               did
               marry
               and
               take
               to
               wife
               the
               said
               
                 E
                 R.
              
               Nevertheless
               the
               said
               
                 P
                 W.
              
               little
               regarding
               his
               promise
               and
               assumption
               aforesaid
               ,
               but
               contriving
               and
               fraudulently
               intending
               craftily
               and
               subtilly
               to
               deceive
               and
               defraud
               the
               said
               
                 W
                 P.
              
               in
               this
               behalf
               ,
               hath
               not
               made
               the
               said
               
                 W
                 P.
              
               wor●●
               200l.
               and
               better
               ,
               albeit
               afterwards
               (
               that
               is
               to
               say
               ,
               )
               the
               day
               ,
               year
               ,
               &c.
               a
               t&c.
               aforesaid
               by
               the
               said
               
                 W
                 P.
              
               he
               hath
               been
               thereunto
               required
               ,
               but
               hath
               refused
               hitherto
               to
               do
               the
               same
               ,
               and
               still
               doth
               refuse
               ,
               to
               his
               damage
               of
               ,
               &c.
               
            
          
           
             
             
               Trover
               and
               Conversion
               ,
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               
                 J.
                 B.
              
               by
               Writ
               &c.
               complaines
               of
               
                 J
                 C.
              
               in
               an
               action
               or
               trespas
               upon
               the
               Case
               .
               For
               that
               whereas
               the
               said
               
                 J
                 B.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               of
               &c.
               was
               possessed
               of
               one
               gray
               mare
               ,
               of
               the
               price
               of
               ten
               pounds
               ,
               as
               of
               his
               own
               ,
               and
               being
               thereof
               so
               possessed
               ,
               the
               said
               
                 J
                 R.
              
               the
               day
               ,
               year
               ,
               &c.
               aforesaid
               ,
               the
               said
               mare
               out
               of
               his
               hands
               &
               possession
               was
               casually
               lost
               ,
               which
               said
               mare
               afterwards
               (
               that
               is
               to
               say
               ,
               )
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               came
               to
               the
               hands
               and
               possession
               of
               the
               said
               
                 J
                 C.
              
               sufficiently
               knowing
               the
               said
               mare
               to
               be
               the
               mare
               of
               the
               said
               
                 J
                 B.
              
               and
               to
               him
               of
               right
               to
               belong
               ;
               and
               devising
               to
               deceive
               the
               said
               
                 J
                 B.
              
               of
               the
               said
               mare
               ;
               though
               often
               thereto
               required
               ,
               the
               said
               mare
               to
               the
               said
               
                 J
                 B.
              
               hath
               not
               restored
               ;
               but
               the
               said
               
                 J
                 C.
              
               afterwards
               (
               that
               is
               to
               say
               )
               the
               day
               ,
               year
               ,
               &c.
               the
               said
               mare
               to
               his
               own
               use
               and
               profit
               converted
               and
               disposed
               ,
               to
               the
               great
               losse
               of
               the
               
               said
               
                 J
                 B.
              
               By
               reason
               whereof
               he
               saith
               ,
               he
               is
               damnified
               xxl.
               And
               therefore
               commeceth
               this
               suite
               ,
               &c.
               
            
          
           
             
               Detinue
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               
                 T.
                 V.
              
               by
               vertue
               of
               a
               Writ
               ,
               &c.
               by
               
                 E
                 B.
              
               his
               Atturney
               complains
               of
               
                 R
                 M.
              
               upon
               a
               plea
               ,
               that
               he
               render
               unto
               him
               goods
               and
               chattells
               to
               the
               value
               of
               xx
               of
               ,
               &c.
               which
               he
               unjustly
               detaineth
               from
               him
               ,
               &c.
               
               For
               that
               whereas
               the
               said
               
                 T
                 V.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               did
               deliver
               to
               the
               said
               
                 R
                 M.
              
               one
               Cow
               ,
               colour
               black
               ,
               of
               the
               value
               of
               5l.
               one
               gray
               Nag
               of
               the
               value
               of
               xl.
               and
               14.
               yards
               of
               French
               green
               broad
               cloth
               of
               the
               value
               of
               5l.
               to
               be
               safely
               kept
               ,
               and
               to
               the
               said
               
                 T
                 V.
              
               where
               he
               the
               said
               
                 R
                 M.
              
               should
               be
               thereunto
               requested
               ,
               to
               be
               delivered
               .
               Yet
               notwithstanding
               the
               said
               
                 R
                 M.
              
               although
               thereunto
               requested
               ,
               the
               goods
               &
               chattells
               aforesaid
               to
               the
               
                 T
                 V.
              
               as
               yet
               hath
               not
               redelivered
               ,
               but
               the
               same
               to
               redeliver
               ,
               hitherto
               hath
               contradicted
               ,
               and
               as
               yet
               doth
               contradict
               ,
               and
               unjustly
               deteines
               ,
               whereupon
               
               the
               said
               TV.
               saith
               ,
               he
               is
               worse
               and
               hath
               damage
               to
               the
               value
               of
               xxxl.
               And
               thereupon
               produceth
               suite
               ,
               &c.
               
            
          
        
         
           
             Trespas
             .
          
           
             
               For
               breaking
               down
               the
               Plaintiffs
               stall
               ,
               being
               set
               up
               in
               the
               market
               .
            
             
               
                 County
                 Court
                 ss
                 .
                 #
              
            
             
               
                 A.
                 O.
              
               complains
               of
               
                 W
                 C.
              
               of
               a
               Plea
               of
               trespas
               .
               That
               the
               aforesaid
               
                 W
                 C.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               S.
               in
               the
               County
               aforesaid
               ,
               and
               within
               the
               liberty
               and
               Jurisdiction
               of
               this
               Court
               ,
               made
               an
               assault
               upon
               him
               the
               said
               
                 A
                 O.
              
               and
               his
               close
               and
               house
               ,
               that
               is
               to
               say
               )
               one
               stall
               there
               in
               the
               market
               set
               up
               ,
               broke
               and
               entered
               ,
               and
               his
               wares
               (
               that
               is
               to
               say
               )
               drest
               leather
               ,
               to
               the
               value
               of
               5l.
               put
               upon
               his
               stall
               aforesaid
               ,
               displaced
               ,
               cut
               down
               ,
               and
               spoyled
               ,
               and
               other
               enormous
               things
               to
               him
               did
               ,
               to
               the
               great
               damage
               of
               the
               said
               
                 A
                 O.
              
               whereupon
               he
               saith
               ,
               that
               he
               is
               the
               worse
               ,
               and
               hath
               damage
               to
               the
               value
               of
               ten
               pound
               .
               And
               thereupon
               he
               brings
               his
               suite
               ,
               &c.
               
            
          
           
             
             
               For
               breaking
               the
               Plaintiff's
               close
               ,
               &c.
               
            
             
               
                 Yo
                 ss
                 .
                 #
              
            
             
               
                 J.
                 A.
              
               complaines
               of
               T
               S.
               of
               a
               Plea
               of
               trespass
               ,
               &c.
               for
               that
               the
               said
               
                 T
                 S.
              
               the
               day
               ,
               year
               ,
               &c.
               a
               close
               of
               the
               said
               .
               
                 J
                 A.
              
               called
               C.
               at
               S.
               in
               the
               County
               ,
               &c.
               broke
               and
               entred
               ,
               and
               the
               grass
               of
               the
               said
               
                 J
                 A.
              
               then
               and
               there
               ,
               being
               of
               the
               value
               of
               ten
               shillings
               ,
               with
               certain
               goods
               and
               chattells
               (
               that
               is
               to
               say
               )
               with
               Kine
               ,
               Oxen
               Steeres
               ,
               Horses
               ,
               Naggs
               ,
               Mares
               ,
               Hoggs
               ,
               and
               Sheep
               ,
               did
               depasture
               ,
               eat
               up
               ,
               tread
               under-foot
               ,
               consume
               and
               spoyle
               ,
               continuing
               the
               said
               trespass
               from
               the
               said
               day
               ,
               year
               ,
               &c.
               aforesaid
               ,
               during
               the
               time
               of
               one
               whole
               month
               then
               next
               following
               ,
               at
               diverse
               dayes
               and
               times
               ,
               and
               other
               harmes
               to
               him
               did
               to
               the
               great
               losse
               of
               the
               said
               
                 J
                 A.
              
               by
               reason
               whereof
               he
               saith
               he
               is
               damnified
               ,
               xxix
               s.
               And
               therefore
               commenceth
               this
               suite
               ,
               &c.
               
            
          
           
             
             
               For
               a
               dog-biting
               a
               mare
               so
               that
               she
               dyed
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               H.
               S.
               complaines
               of
               
                 W
                 P.
              
               in
               an
               action
               of
               trespas
               ,
               for
               that
               whereas
               the
               said
               
                 W
                 P.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               ,
               &c.
               one
               Mare
               of
               the
               said
               
                 H
                 S.
              
               of
               the
               price
               of
               ten
               pound
               then
               and
               there
               being
               found
               did
               beat
               ,
               wound
               and
               chase
               ,
               and
               also
               with
               a
               dog
               did
               bite
               ;
               so
               that
               by
               reason
               of
               the
               beating
               ,
               chasing
               ,
               wounding
               ,
               bruising
               and
               biting
               of
               the
               said
               Mare
               ,
               the
               said
               Mare
               then
               and
               there
               dyed
               .
               And
               other
               harmes
               to
               him
               did
               to
               the
               great
               damage
               of
               ,
               &c.
               
            
          
           
             
               For
               chasing
               of
               hoggs
               with
               doggs
               ,
               &c.
               
            
             
               
                 Yo
                 ss
                 .
                 #
              
            
             
               
                 A.
                 B.
              
               complaines
               of
               
                 C
                 D.
              
               of
               a
               Plea
               of
               trespas
               ,
               wherefore
               he
               did
               chase
               two
               hoggs
               of
               him
               the
               said
               
                 A
                 B.
              
               at
               M.
               found
               with
               certain
               doggs
               ,
               insomuch
               by
               setting
               on
               those
               doggs
               ,
               to
               bite
               the
               hoggs
               aforesaid
               :
               That
               by
               that
               chasing
               and
               biting
               of
               the
               doggs
               aforesaid
               ,
               the
               aforesaid
               hoggs
               of
               the
               price
               of
               
               fourty
               shilling
               dyed
               ;
               And
               other
               enormities
               ,
               &c.
               
            
          
           
             
               For
               pasturing
               of
               sheep
               in
               a
               rotten
               pasture
               ,
               by
               reason
               whereof
               they
               dyed
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               
                 A
                 B.
              
               complaines
               of
               
                 C
                 D.
              
               of
               a
               Plea
               of
               trespas
               .
               Wherefore
               the
               close
               of
               him
               the
               said
               
                 A
                 B.
              
               at
               L.
               did
               break
               ,
               and
               his
               260.
               sheep
               of
               the
               price
               of
               40
               l.
               there
               lately
               found
               did
               take
               ,
               and
               did
               chase
               them
               into
               a
               certain
               corrupt
               pasture
               within
               the
               village
               aforesaid
               ,
               out
               of
               malice
               ,
               detayning
               those
               sheep
               so
               long
               upon
               the
               pasture
               aforesaid
               ,
               that
               those
               sheep
               by
               corruptness
               of
               that
               pasture
               ,
               becoming
               rotten
               and
               infected
               ,
               dyed
               ;
               and
               other
               enormities
               ,
               &c.
               
            
          
           
             
               For
               digging
               and
               plowing
               the
               Plaintiffs
               ground
               ,
               and
               taking
               away
               his
               corne
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               T
               S.
               complaines
               of
               
                 G
                 G.
              
               in
               an
               action
               of
               trespas
               .
               For
               that
               whereas
               the
               said
               
                 G
                 G.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               ,
               &c.
               the
               close
               of
               the
               said
               
                 T
                 S.
              
               being
               
               one
               acre
               of
               arable
               land
               lying
               in
               B.
               broke
               and
               entred
               ,
               and
               the
               soyl
               of
               the
               said
               close
               with
               his
               plow
               did
               dig
               and
               rip
               up
               .
               And
               afterwards
               ,
               that
               is
               to
               say
               ,
               the
               day
               ,
               year
               ,
               &c.
               aforesaid
               at
               B.
               aforesaid
               ,
               and
               within
               the
               Jurisdiction
               aforesaid
               for
               that
               the
               said
               
                 G
                 G.
              
               the
               aforesaid
               ,
               close
               of
               the
               said
               
                 T
                 S.
              
               broke
               and
               entred
               ,
               and
               his
               corne
               ,
               (
               that
               is
               to
               say
               )
               two
               wain
               loads
               of
               oates
               ,
               there
               lately
               cut
               down
               of
               the
               value
               of
               xxx
               s.
               of
               his
               the
               said
               
                 T
                 S.
              
               took
               and
               carryed
               away
               .
               And
               other
               enormious
               things
               to
               him
               did
               do
               ,
               &c.
               
            
          
           
             
               For
               taking
               away
               a
               Post
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               
                 A.
                 B.
              
               complaines
               of
               
                 C
                 D.
              
               of
               a
               Plea
               of
               trespas
               ,
               &c.
               wherefore
               he
               did
               break
               the
               close
               of
               the
               said
               
                 A
                 B.
              
               at
               F.
               and
               did
               take
               and
               carry
               away
               a
               certain
               new
               Post
               of
               him
               the
               said
               
                 A
                 B.
              
               there
               in
               the
               foyle
               put
               and
               fastned
               to
               the
               value
               of
               xxx
               s.
               And
               other
               enormities
               ,
               &c.
               
            
          
           
             
             
               Trespass
               and
               Assault
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               
                 J.
                 H.
              
               complaines
               of
               
                 J
                 S.
              
               in
               an
               action
               of
               trespas
               and
               assault
               ,
               &c.
               for
               that
               the
               said
               
                 J
                 S.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               made
               an
               assault
               and
               a
               fray
               upon
               the
               said
               
                 J
                 H.
              
               and
               did
               then
               &
               there
               beat
               ,
               wound
               ,
               and
               evill
               intreat
               him
               ,
               so
               that
               he
               was
               despaired
               of
               his
               life
               ,
               and
               other
               harmes
               to
               him
               did
               to
               the
               great
               losse
               of
               the
               said
               
                 J
                 H.
              
               By
               reason
               of
               which
               he
               saith
               ,
               he
               is
               damnified
               xxx
               s.
               And
               therefore
               commenceth
               this
               suite
               .
            
          
           
             
               Assault
               ,
               upon
               one
               at
               under-age
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               W.
               E.
               by
               
                 A
                 S.
              
               his
               guardian
               ,
               and
               next
               friend
               ,
               by
               favour
               of
               this
               Court
               ,
               is
               admitted
               to
               prosecute
               for
               the
               said
               
                 W
                 E.
              
               because
               he
               is
               within
               the
               age
               of
               one
               and
               twenty
               years
               ,
               by
               vertue
               of
               a
               Writ
               of
               Justicies
               by
               
                 T
                 W.
              
               his
               Atturney
               complaines
               of
               
                 T
                 C.
              
               in
               an
               action
               of
               trespas
               and
               assault
               ,
               &c.
               
               For
               that
               the
               said
               
                 T
                 C.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               in
               and
               upon
               the
               
               said
               
                 W
                 E.
              
               an
               Assault
               and
               affray
               did
               make
               ,
               &c.
               as
               in
               the
               other
               .
            
          
           
             
               Vpon
               a
               Replevin
               .
            
             
               
                 County
                 Court.
                 ss
                 .
                 #
              
            
             
               A.
               B.
               complaineth
               of
               
                 T
                 L.
              
               in
               a
               Plea
               wherefore
               he
               took
               the
               goods
               of
               the
               said
               
                 A
                 B.
              
               and
               them
               did
               unjustly
               detaine
               ,
               contrary
               to
               sureties
               and
               safe
               pledges
               ,
               &c.
               
               For
               that
               whereas
               the
               aforesaid
               
                 T
                 L.
              
               the
               day
               ,
               year
               ,
               &c.
               at
               S.
               in
               a
               place
               there
               called
               R.
               in
               the
               County
               &c.
               took
               of
               the
               goods
               of
               the
               said
               
                 A
                 B.
              
               that
               is
               to
               say
               seven
               Kine
               of
               the
               price
               of
               xxxl.
               And
               the
               same
               did
               unjustly
               detain
               against
               the
               sureties
               and
               safe
               pledges
               ,
               &c.
               whereupon
               the
               said
               
                 A
                 B.
              
               saith
               ,
               he
               is
               worse
               ,
               and
               hath
               damage
               to
               the
               value
               xxxix
               s.
               And
               therefore
               he
               hath
               brought
               this
               suite
               ,
               &c.
               
            
          
        
         
           
             Pleadings
             .
          
           
             
               He
               owes
               him
               nothing
               .
            
             
               
                 County
                 Court
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               
                 J
                 A.
              
               comes
               and
               defends
               the
               force
               and
               injure
               when
               ,
               &c.
               and
               saith
               that
               the
               said
               
                 J
                 G.
              
               ought
               
               not
               to
               have
               his
               said
               action
               against
               him
               ,
               because
               he
               saith
               ,
               that
               he
               the
               said
               
                 I.
                 A.
              
               owes
               nothing
               to
               the
               said
               
                 I.
                 G.
              
               in
               manner
               and
               form
               ,
               as
               the
               said
               
                 I.
                 G.
              
               hath
               declared
               against
               the
               said
               
                 I.
                 A.
              
               and
               for
               that
               he
               puts
               himself
               upon
               the
               Countrey
               ,
               &c.
               
            
          
           
             
               He
               made
               no
               such
               promise
               .
            
             
               ANd
               the
               said
               
                 H.
                 B.
              
               comes
               and
               defends
               the
               force
               and
               wrong
               when
               ,
               &c.
               and
               saith
               that
               he
               did
               not
               assume
               &
               promise
               to
               the
               aforesaid
               
                 T.
                 R.
              
               in
               manner
               ,
               and
               for
               me
               as
               the
               aforesaid
               
                 T.
                 R.
              
               against
               him
               complaineth
               :
               and
               of
               this
               he
               putteth
               himself
               upon
               the
               Countrey
               .
            
          
           
             
               Replication
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               
                 T.
                 R.
              
               saith
               that
               he
               by
               any
               thing
               before
               alleadged
               from
               his
               action
               aforesaid
               ,
               ought
               not
               to
               be
               debarred
               :
               for
               that
               he
               saith
               that
               the
               aforesaid
               
                 H.
                 B.
              
               did
               assume
               upon
               himself
               ,
               and
               promise
               in
               manner
               and
               form
               ,
               as
               by
               the
               Declaration
               aforesaid
               is
               alleadged
               and
               set
               forth
               :
               and
               this
               he
               prayes
               may
               be
               inquired
               by
               the
               Countrey
               :
               and
               the
               said
               
                 W.
                 B.
              
               likewise
               ,
               therefore
               &c.
               
            
          
           
             
             
               He
               made
               no
               such
               promise
               within
               six
               years
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               
                 W.
                 B.
              
               comes
               and
               defendes
               the
               jnjury
               when
               ,
               &c.
               and
               saith
               that
               the
               said
               
                 W.
                 B.
              
               did
               not
               within
               the
               space
               of
               six
               years
               before
               the
               commencement
               of
               this
               suit
               assume
               upon
               himself
               ,
               or
               promise
               to
               pay
               to
               the
               said
               
                 T.
                 B.
              
               the
               summe
               of
               30.
               s.
               in
               manner
               and
               form
               ,
               as
               the
               said
               
                 T.
                 B.
              
               above
               against
               him
               the
               said
               
                 W.
                 B.
              
               doth
               complain
               ,
               and
               upon
               this
               he
               putteth
               himself
               upon
               the
               Countrey
               ,
               &c.
               
            
          
           
             
               Never
               Executor
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               aforesaid
               
                 E.
                 H.
              
               comes
               and
               defendes
               the
               force
               and
               jnjurie
               when
               &c.
               and
               saith
               that
               the
               aforesaid
               
                 T.
                 C.
              
               ought
               not
               to
               have
               his
               action
               ●gainst
               him
               ,
               because
               he
               saith
               that
               he
               ●●ver
               was
               the
               Executor
               of
               the
               last
               Will
               and
               Testament
               of
               the
               aforesaid
               
                 R.
                 H.
              
               neither
               did
               administer
               of
               any
               ●f
               the
               goods
               or
               chattels
               which
               were
               ●f
               the
               said
               
                 R.
                 H.
              
               at
               the
               time
               of
               his
               ●eath
               :
               as
               Executor
               of
               the
               last
               Will
               
               and
               Testament
               ,
               of
               the
               aforesaid
               
                 R.
                 H.
              
               after
               the
               death
               of
               the
               said
               
                 R.
                 H.
              
               and
               this
               the
               said
               
                 E.
                 H.
              
               is
               ready
               to
               verifie
               ,
               whereupon
               he
               demandeth
               Judgment
               ,
               whether
               the
               said
               
                 T.
                 C
              
               ,
               ought
               to
               have
               or
               maintain
               the
               said
               action
               against
               him
               ,
               &c.
               
            
          
           
             
               Fully
               Administred
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               aforesaid
               
                 M.
                 A.
              
               comes
               and
               defends
               the
               injurie
               and
               wrong
               when
               ,
               &c.
               and
               saith
               that
               the
               aforesaid
               
                 A.
                 B.
              
               his
               action
               afore●aid
               ought
               not
               to
               have
               against
               him
               ,
               because
               he
               saith
               he
               hath
               fully
               administred
               of
               the
               goods
               and
               chattels
               of
               the
               aforesaid
               
                 T.
                 A.
              
               at
               the
               time
               of
               his
               death
               ,
               and
               he
               no
               other
               goods
               nor
               chattels
               hath
               of
               the
               aforesaid
               
                 T.
                 A.
              
               at
               the
               time
               of
               his
               death
               to
               be
               administred
               ,
               nor
               had
               at
               the
               time
               of
               the
               entrey
               of
               this
               plaint
               of
               the
               said
               
                 A.
                 B.
              
               nor
               at
               any
               time
               after
               :
               and
               this
               he
               is
               ready
               to
               aver
               ,
               wherefore
               he
               prayeth
               Judgment
               ;
               whether
               the
               aforesaid
               
                 A.
                 B.
              
               his
               action
               aforesaid
               against
               him
               ought
               to
               have
               ,
               &c.
               
            
          
           
             
             
               Replication
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               
                 A.
                 B.
              
               saith
               ,
               that
               he
               by
               any
               thing
               before
               alleadged
               from
               his
               action
               aforesaid
               ,
               ought
               not
               to
               be
               debarred
               ,
               because
               he
               saith
               that
               the
               aforesaid
               
                 M.
                 A.
              
               the
               day
               of
               the
               commencement
               of
               this
               suit
               ,
               (
               to
               wit
               )
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               aforesaid
               :
               and
               within
               the
               jurisdiction
               aforesaid
               ,
               had
               diverse
               goods
               and
               chattels
               which
               were
               the
               aforesaid
               
                 T.
                 A.
              
               at
               the
               time
               of
               his
               death
               ,
               and
               afterwards
               in
               his
               hands
               to
               be
               administred
               to
               the
               value
               of
               the
               debt
               aforesaid
               ,
               wherefore
               the
               debt
               aforesaid
               to
               the
               said
               
                 A.
                 B.
              
               ought
               to
               be
               satisfied
               ;
               and
               this
               he
               requires
               may
               be
               inquired
               of
               by
               the
               Countrey
               ,
               &c.
               and
               the
               said
               
                 M.
                 A.
              
               likewise
               ,
               &c.
               
            
          
           
             
               Not
               guilty
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               
                 G.
                 W.
              
               comes
               and
               defends
               the
               wrong
               and
               injurie
               when
               ,
               &c.
               and
               saith
               ,
               that
               he
               is
               not
               guiltie
               of
               the
               trespass
               aforesaid
               ,
               as
               
               the
               said
               
                 I.
                 C.
              
               hath
               complained
               against
               him
               :
               and
               of
               this
               he
               putteth
               himself
               upon
               the
               Countrey
               ,
               &c.
               
            
          
           
             
               Bar
               by
               within-age
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               
                 H.
                 C
              
               comes
               and
               defends
               the
               injurie
               when
               ,
               &c.
               and
               saith
               that
               the
               said
               
                 W.
                 B.
              
               his
               action
               aforesaid
               against
               ,
               him
               ought
               not
               to
               have
               :
               for
               he
               saith
               that
               he
               at
               the
               time
               of
               the
               making
               of
               the
               said
               writing
               Obligatory
               ,
               was
               within
               the
               age
               of
               one
               and
               twenty
               years
               ;
               And
               this
               he
               is
               ready
               to
               verifie
               ,
               whereupon
               he
               demandeth
               Judgment
               ,
               if
               the
               said
               
                 W.
                 B
              
               his
               action
               aforesaid
               against
               him
               ought
               to
               have
               &c.
               
            
          
           
             
               Paymemt
               upon
               a
               bill
               ,
               and
               a
               release
               produced
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               
                 I.
                 S.
              
               comes
               and
               defends
               the
               injurie
               when
               ,
               &c.
               and
               saith
               that
               the
               said
               
                 I.
                 W.
              
               ought
               not
               to
               have
               his
               action
               aforesaid
               against
               him
               the
               said
               I.S.
               for
               he
               saith
               that
               the
               said
               
                 I.
                 W.
              
               after
               the
               making
               
               of
               the
               said
               bill
               ,
               and
               the
               commencement
               of
               this
               suit
               (
               that
               is
               to
               say
               the
               day
               ,
               year
               ,
               &c.
               at
               the
               Castle
               ,
               &c.
               the
               said
               
                 I.
                 W.
              
               did
               acknowledge
               and
               confess
               himself
               to
               be
               fully
               satisfied
               and
               content
               of
               the
               said
               summe
               of
               5
               l.
               in
               the
               said
               bill
               mentioned
               ,
               and
               thereupon
               did
               acquit
               and
               release
               him
               the
               said
               
                 I.
                 S.
              
               of
               and
               from
               all
               actions
               ,
               which
               the
               said
               
                 I.
                 W.
              
               might
               have
               against
               him
               the
               aforesaid
               
                 I.
                 S.
              
               by
               reason
               of
               the
               making
               of
               the
               aforesaid
               bill
               ,
               and
               this
               he
               is
               ready
               to
               verifie
               ,
               whereupon
               he
               prayeth
               Judgment
               ,
               if
               the
               said
               
                 I.
                 W.
              
               ought
               to
               have
               his
               action
               aforesaid
               against
               him
               ,
               &c.
               
            
          
           
             
               Free-hold
               .
            
             
               ANd
               the
               said
               
                 H.
                 S.
              
               comes
               and
               defends
               the
               force
               and
               injurie
               when
               ,
               &c.
               and
               saith
               that
               the
               said
               W.B.
               his
               action
               aforesaid
               against
               him
               ought
               not
               to
               have
               or
               maintain
               ,
               because
               he
               saith
               that
               the
               close
               aforesaid
               called
               T.
               at
               F.
               in
               the
               Declaration
               above
               mentioned
               ,
               in
               which
               the
               trespass
               aforesaid
               is
               supposed
               to
               be
               
               done
               ,
               is
               ,
               and
               at
               the
               time
               of
               the
               said
               trespass
               supposed
               to
               be
               done
               is
               ,
               and
               was
               the
               onely
               sole
               free
               tenement
               or
               free
               hold
               of
               the
               said
               
                 H.
                 S.
              
               by
               reason
               whereof
               the
               said
               
                 H.
                 S.
              
               did
               break
               ,
               and
               enter
               into
               the
               said
               close
               called
               T.
               and
               the
               corn
               and
               grasse
               there
               growing
               and
               being
               ,
               with
               his
               feet
               did
               tred
               down
               and
               consume
               ,
               and
               other
               corn
               grasse
               and
               hay
               being
               in
               the
               said
               close
               ,
               with
               his
               horses
               ,
               mares
               ,
               oxen
               and
               kine
               ,
               did
               eate
               ,
               tread
               down
               and
               consume
               ,
               continuing
               the
               said
               trespass
               as
               in
               the
               Declaration
               is
               above
               specified
               ,
               as
               was
               lawfull
               and
               well
               pleased
               him
               so
               to
               do
               :
               and
               this
               he
               is
               ready
               to
               verifie
               and
               prove
               :
               whereupon
               he
               requires
               Judgment
               ;
               if
               the
               said
               
                 W.
                 B.
              
               his
               action
               aforesaid
               against
               him
               ought
               to
               have
               ,
               &c.
               
            
          
           
             
               No
               action
               to
               cause
               one
               to
               render
               an
               account
               ,
               will
               lie
               in
               this
               Court.
               
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               G.F.
               in
               proper
               person
               comes
               and
               saith
               ,
               that
               the
               said
               
                 C.
                 B.
              
               his
               said
               action
               against
               the
               said
               
                 G.
                 F.
              
               in
               this
               Court
               ought
               not
               to
               have
               or
               maintain
               :
               for
               that
               the
               said
               
               
                 C.
                 B.
              
               in
               an
               action
               to
               render
               an
               acaccount
               ,
               &c.
               wherefore
               the
               said
               G.F.
               demandeth
               Judgment
               ,
               whether
               this
               Court
               will
               take
               Cognizance
               of
               the
               said
               action
               ,
               &c.
               
            
          
           
             
               In
               arrest
               of
               Judgment
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               aforesaid
               
                 R.
                 M.
              
               saith
               ,
               that
               the
               verdict
               aforesaid
               given
               against
               him
               ,
               of
               the
               part
               of
               the
               said
               M.S.
               ought
               not
               to
               stand
               or
               proceed
               ,
               because
               he
               saith
               that
               the
               Declaration
               aforesaid
               ,
               and
               the
               matter
               therein
               contained
               ,
               is
               not
               sufficient
               in
               Law
               to
               give
               and
               maintain
               the
               aforesaid
               action
               against
               him
               ,
               by
               which
               he
               requires
               Judgement
               :
               and
               that
               the
               aforesaid
               plaint
               and
               verdict
               to
               be
               quashed
               and
               accounted
               nothing
               ,
               And
               that
               the
               aforesaid
               Plantiff
               may
               receive
               nothing
               by
               his
               plaint
               and
               verdict
               aforesaid
               ,
               &c.
               
            
          
           
             
               Conditions
               performed
               .
            
             
               ANd
               the
               said
               W.G.
               cometh
               and
               defendeth
               the
               force
               and
               wrong
               when
               ,
               
               &c.
               and
               desires
               to
               hear
               the
               
               said
               writings
               ,
               and
               it
               is
               read
               to
               him
               &c.
               he
               desires
               also
               to
               hear
               the
               Condition
               of
               the
               said
               writing
               ,
               and
               it
               is
               read
               to
               him
               in
               these
               words
               ,
               (
               that
               is
               to
               say
               )
               the
               Condition
               of
               this
               Obligation
               ,
               &c.
               (
               recite
               the
               Condition
               )
               which
               being
               read
               and
               heard
               ,
               the
               said
               
                 W.
                 G.
              
               saith
               that
               the
               said
               C.G.
               his
               action
               aforesaid
               against
               him
               ought
               not
               to
               have
               ,
               because
               he
               saith
               ,
               that
               the
               Articles
               in
               the
               Condition
               aforesaid
               above-mentioned
               ,
               were
               made
               at
               Y.
               aforesaid
               ,
               in
               &c.
               day
               ,
               year
               ,
               &c.
               aforesaid
               ,
               between
               the
               said
               
                 C.
                 G.
              
               by
               the
               name
               of
               
                 C.
                 G.
              
               of
               A.
               in
               the
               said
               County
               gent.
               on
               the
               one
               partie
               ,
               and
               the
               said
               
                 W.
                 G.
              
               by
               the
               name
               of
               
                 W.
                 G.
              
               of
               the
               same
               Town
               and
               County
               yeoman
               ,
               on
               the
               other
               partie
               ,
               whose
               other
               part
               signed
               with
               the
               seal
               of
               the
               said
               
                 C.
                 G.
              
               the
               said
               
                 W.
                 G.
              
               doth
               bring
               here
               in
               Court
               ,
               whose
               date
               is
               the
               same
               day
               and
               year
               ,
               first
               ,
               &c.
               (
               recite
               all
               the
               Articles
               throughout
               )
               and
               the
               said
               
                 W.
                 G.
              
               doth
               say
               ,
               that
               he
               hath
               performed
               and
               kept
               all
               and
               singular
               the
               covenants
               ,
               grants
               ,
               articles
               ,
               clauses
               .
               sentences
               and
               agreements
               whatsoever
               in
               the
               said
               Articles
               
               specified
               ,
               on
               his
               part
               to
               be
               observed
               ,
               performed
               ,
               fullfilled
               and
               kept
               ,
               according
               to
               the
               form
               and
               effect
               of
               those
               Articles
               :
               and
               this
               he
               is
               ready
               to
               maintain
               ,
               whereupon
               he
               prayes
               Judgments
               ;
               If
               the
               said
               C.G.
               his
               action
               aforesaid
               against
               him
               ought
               to
               have
               ,
               &c.
               
            
          
           
             
               Replication
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               
                 C.
                 G.
              
               saith
               that
               he
               ,
               by
               any
               thing
               before
               alleadged
               ,
               ought
               not
               to
               be
               debarred
               from
               having
               his
               said
               action
               against
               the
               said
               W.G.
               because
               protesting
               that
               the
               said
               
                 W.
                 G.
              
               hath
               not
               performed
               or
               kept
               any
               covenants
               ,
               grants
               ,
               articles
               ,
               clauses
               ,
               sentences
               ,
               or
               agreements
               in
               ●he
               said
               articles
               specified
               on
               his
               part
               ●o
               be
               performed
               or
               kept
               ,
               as
               the
               said
               
                 W.
                 G.
              
               above
               by
               pleading
               hath
               al●●adged
               ;
               for
               plea
               the
               said
               C.G.
               saith
               ,
               ●●at
               the
               said
               
                 W.
                 G.
              
               did
               not
               ,
               &c.
               (
               re●●te
               the
               breach
               )
               according
               to
               the
               ●●rm
               and
               effect
               of
               the
               same
               Articles
               :
               ●●d
               this
               he
               is
               ready
               to
               verifie
               ,
               where●●on
               he
               prayeth
               Judgment
               ,
               and
               his
               
               debt
               aforesaid
               ,
               together
               with
               his
               damages
               ,
               by
               occasion
               of
               detaining
               that
               debt
               ,
               to
               him
               to
               be
               adjudged
               ,
               &c.
               
            
          
           
             
               Rejoynder
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               AND
               the
               said
               
                 W.
                 G.
              
               saith
               ,
               that
               he
               did
               (
               recite
               here
               that
               he
               did
               perform
               the
               breach
               the
               Plaintiff
               assigned
               )
               according
               to
               the
               form
               and
               effect
               of
               the
               said
               Articles
               :
               and
               of
               this
               he
               puts
               himself
               upon
               the
               Countrey
               ,
               and
               the
               said
               
                 C.
                 G.
              
               likewise
               ,
               &c.
               
            
          
           
             
               Detain
               he
               doth
               not
               .
            
             
               ANd
               the
               said
               
                 R.
                 S.
              
               comes
               and
               defends
               the
               force
               and
               wrong
               when
               &c.
               and
               saith
               he
               doth
               not
               detain
               from
               the
               said
               
                 R.
                 L.
              
               the
               chattel●
               aforesaid
               ,
               nor
               any
               parcell
               thereo●
               in
               manner
               as
               the
               said
               
                 R.
                 L.
              
               ha●
               above
               declared
               against
               him
               :
               and
               o●
               this
               he
               putteth
               himself
               upon
               th●
               Countrey
               ,
               &c.
               
            
          
           
             
             
               Bar
               by
               a
               generall
               acquittance
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               WHen
               ,
               &c.
               his
               action
               ought
               not
               to
               have
               ,
               &c.
               because
               he
               saith
               ,
               that
               after
               the
               making
               of
               the
               writing
               aforesaid
               (
               that
               is
               to
               say
               )
               the
               day
               ,
               year
               ,
               &c.
               the
               Plantiff
               by
               his
               certain
               bill
               of
               acquittance
               ,
               which
               the
               said
               Defendant
               signed
               with
               the
               seal
               of
               the
               said
               Plaintiff
               ,
               here
               in
               Court
               produceth
               ,
               the
               date
               whereof
               is
               the
               same
               day
               and
               year
               he
               acquitted
               and
               discharged
               him
               the
               said
               Defendant
               ,
               by
               name
               of
               ,
               &c.
               of
               all
               actions
               ,
               plaints
               ,
               demands
               ,
               debts
               ,
               accounts
               and
               debates
               for
               plaint
               :
               and
               in
               his
               executed
               &
               assigned
               ,
               from
               the
               beginning
               of
               the
               World
               untill
               the
               day
               of
               the
               date
               of
               the
               said
               Bill
               :
               and
               this
               &c.
               if
               Judgment
               ,
               &c.
               
            
          
           
             
               Replication
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               THe
               Plaintiff
               saith
               that
               he
               ought
               not
               to
               be
               barred
               ,
               &c.
               because
               he
               saith
               that
               the
               aforesaid
               Bill
               of
               acquittance
               is
               not
               his
               deed
               :
               &
               this
               he
               prayeth
               &c.
               
            
          
           
             
             
               Justification
               of
               scandalous
               words
               .
            
             
               ANd
               ,
               &c.
               when
               ,
               &c.
               and
               saith
               that
               the
               said
               
                 G.
                 L.
              
               his
               action
               aforesaid
               against
               him
               ought
               not
               to
               have
               ,
               for
               that
               he
               saith
               ,
               that
               before
               the
               speaking
               of
               the
               pretended
               scandalous
               words
               in
               the
               said
               Declaration
               mentioned
               ,
               (
               that
               is
               to
               say
               )
               the
               day
               ,
               year
               ,
               &c.
               at
               ,
               &c.
               the
               said
               
                 G.
                 L.
              
               one
               weather-sheep
               to
               the
               value
               of
               10
               s.
               of
               &c.
               of
               the
               goods
               and
               chattels
               of
               the
               said
               
                 H.
                 A.
              
               in
               the
               said
               Declaration
               mentioned
               ,
               then
               and
               there
               being
               found
               ,
               feloniously
               did
               steale
               ,
               take
               and
               carry
               away
               ,
               contrary
               to
               the
               publick
               peace
               ;
               By
               reason
               whereof
               the
               said
               F.G.
               afterwards
               ,
               (
               that
               is
               to
               say
               )
               the
               said
               day
               ,
               year
               ,
               &c.
               at
               ,
               &c.
               the
               pretended
               scandalous
               words
               in
               the
               said
               Declaration
               mentioned
               ,
               did
               say
               ,
               affirm
               and
               declare
               to
               the
               said
               
                 G.
                 L.
              
               (
               that
               is
               to
               say
               )
               thou
               (
               meaning
               the
               said
               
                 G.
                 L.
              
               )
               art
               a
               Thief
               and
               stole
               
                 H.
                 A.
              
               Sheepe
               :
               and
               this
               he
               is
               ready
               to
               verifie
               ,
               whereupon
               he
               demandeth
               Judgment
               ;
               if
               the
               said
               G.L.
               his
               action
               aforesaid
               against
               him
               ought
               to
               have
               ,
               &c.
               
            
          
           
             
             
               Tender
               of
               amends
               in
               Replevin
               .
            
             
               
                 County
                 Court
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               H.
               saith
               ,
               &c.
               the
               just
               taking
               of
               ,
               &c.
               ought
               not
               to
               avow
               ,
               because
               he
               saith
               ,
               that
               after
               the
               aforesaid
               time
               of
               the
               taking
               of
               the
               Cattell
               aforesaid
               in
               the
               aforesaid
               place
               ,
               in
               which
               ,
               &c.
               and
               before
               the
               day
               of
               the
               issuing
               forth
               of
               the
               precept
               of
               Replevin
               ,
               of
               him
               the
               said
               H.
               (
               that
               is
               to
               say
               the
               day
               ,
               year
               ,
               &c.
               aforesaid
               ,
               at
               W.
               aforesaid
               ,
               he
               the
               said
               H.
               offered
               
                 xii
                 d.
              
               to
               pay
               the
               said
               W.
               and
               I.
               to
               the
               use
               of
               the
               said
               W.
               for
               the
               damage
               of
               the
               said
               W.
               which
               he
               sustained
               by
               occasion
               of
               the
               trespass
               aforesaid
               ,
               which
               the
               cattel
               aforesaid
               ,
               in
               the
               aforesaid
               two
               acres
               of
               Land
               made
               ,
               which
               said
               
                 xii
                 d.
              
               were
               sufficient
               amends
               for
               the
               trespass
               aforesaid
               ,
               which
               the
               catle
               aforesaid
               in
               the
               said
               two
               acres
               of
               Land
               made
               :
               which
               said
               
                 xii
                 d.
              
               the
               aforesaid
               W
               and
               I.
               then
               and
               there
               wholly
               refused
               to
               receive
               of
               said
               H.
               and
               this
               ,
               &c.
               
            
          
           
             
               Part
               of
               the
               debt
               paid
               ,
               The
               residue
               tendred
               before
               Suit
               ,
               and
               refused
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               ,
               &c.
               when
               ,
               &c.
               and
               saith
               that
               the
               aforesaid
               
                 I.
                 G.
              
               ought
               not
               
               to
               have
               or
               maintain
               his
               said
               action
               against
               him
               :
               because
               he
               saith
               ,
               that
               the
               said
               
                 I.
                 A.
              
               the
               day
               ,
               year
               ,
               &c.
               before
               the
               beginning
               of
               this
               action
               ,
               well
               and
               faithfully
               paid
               to
               the
               said
               
                 I.
                 G.
                 xx
                 s.
              
               part
               of
               the
               above
               mentioned
               debt
               ,
               in
               the
               said
               Declaration
               specified
               (
               that
               is
               to
               say
               )
               at
               B.
               aforesaid
               ,
               and
               within
               the
               jurisdiction
               of
               this
               Court
               ;
               And
               as
               to
               the
               5
               s.
               6
               d.
               the
               residue
               of
               the
               debt
               ,
               in
               the
               said
               Declaration
               specified
               ,
               he
               said
               
                 I.
                 A.
              
               further
               saith
               ,
               that
               he
               afterwards
               ,
               that
               is
               to
               say
               ,
               the
               day
               ,
               year
               ,
               &c.
               abovesaid
               before
               the
               commencement
               of
               this
               action
               ,
               at
               B.
               aforesaid
               tendred
               to
               the
               said
               I.G.
               the
               said
               5
               s.
               6
               d.
               which
               said
               5
               s.
               6
               d.
               the
               said
               I.G.
               then
               and
               there
               refused
               to
               accept
               of
               :
               and
               this
               the
               said
               
                 I.
                 A.
              
               is
               ready
               to
               prove
               ,
               and
               demands
               Judgment
               of
               the
               Court
               ;
               if
               the
               said
               
                 I.
                 A.
              
               ought
               to
               have
               his
               said
               action
               against
               him
               ,
               &c.
               
            
          
           
             
               Replication
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               I.G.
               as
               to
               the
               plea
               of
               the
               said
               I.A.
               as
               to
               the
               said
               20
               s.
               parcell
               of
               the
               debt
               aforesaid
               saith
               that
               he
               by
               any
               thing
               before
               alleadg'd
               ,
               
               
               ought
               not
               to
               be
               barred
               from
               having
               his
               said
               action
               against
               him
               ,
               for
               he
               saith
               that
               the
               said
               
                 I.
                 A.
              
               did
               not
               pay
               the
               said
               
                 xx
                 s.
              
               to
               the
               said
               
                 I.
                 G.
              
               as
               the
               said
               
                 I.
                 A.
              
               above
               hath
               alleadged
               :
               and
               this
               he
               prayes
               may
               be
               inquired
               of
               by
               the
               Countrey
               ,
               and
               the
               said
               
                 I.
                 A.
              
               likewise
               ,
               &c.
               
            
             
               And
               as
               to
               the
               said
               plea
               of
               the
               said
               
                 I.
                 A.
              
               as
               to
               the
               said
               5
               s.
               6
               d.
               residue
               of
               the
               said
               debt
               ,
               
               and
               the
               said
               I.G.
               saith
               that
               the
               same
               plea
               of
               the
               said
               
                 I.
                 A.
              
               in
               manner
               and
               form
               aforesaid
               pleaded
               ,
               and
               the
               matter
               therein
               contained
               is
               insufficient
               in
               the
               law
               ,
               to
               bar
               the
               said
               
                 I.
                 G.
              
               from
               having
               his
               said
               action
               against
               the
               said
               
                 I.
                 A.
              
               and
               that
               he
               to
               the
               plea
               aforesaid
               ,
               in
               manner
               and
               form
               aforesaid
               pleaded
               ,
               needeth
               not
               ,
               nor
               is
               bound
               by
               the
               Law
               ,
               of
               the
               land
               to
               answer
               :
               whereupon
               for
               want
               of
               a
               sufficient
               plea
               in
               this
               behalf
               ,
               the
               said
               
                 I.
                 G.
              
               prayeth
               Judgment
               ,
               and
               the
               said
               5
               s.
               6
               d.
               residue
               of
               his
               debt
               aforesaid
               together
               with
               his
               damages
               ,
               by
               reason
               of
               the
               detaining
               of
               that
               debt
               to
               him
               to
               be
               adjudged
               .
               &c.
               
            
          
           
             
             
               Not
               his
               Deed.
               
            
             
               ANd
               ,
               &c
               when
               ,
               &c.
               
               And
               saith
               that
               he
               ought
               not
               to
               be
               charge
               with
               the
               said
               debt
               ,
               by
               vertue
               of
               the
               writing
               aforesaid
               ;
               because
               he
               saith
               that
               the
               said
               writing
               is
               not
               his
               deed
               .
               And
               of
               this
               he
               putteth
               himself
               upon
               the
               Countrey
               ,
               And
               the
               said
               A.
               likewise
               ,
               &c.
               
            
          
           
             
               By
               threats
               .
            
             
               ANd
               ,
               &c.
               when
               ,
               &c.
               
               And
               saith
               that
               the
               said
               A.
               ought
               not
               to
               have
               his
               said
               action
               against
               him
               ,
               because
               he
               saith
               ,
               that
               the
               said
               A.
               at
               the
               time
               of
               the
               making
               of
               the
               said
               writing
               ,
               at
               N.
               aforesaid
               did
               impose
               upon
               the
               said
               B.
               such
               and
               so
               great
               threats
               of
               his
               life
               ,
               and
               may
               heming
               of
               his
               body
               to
               be
               inflicted
               on
               him
               ,
               unless
               he
               would
               make
               and
               seale
               unto
               the
               said
               A.
               the
               said
               writing
               ;
               that
               he
               the
               said
               B.
               did
               then
               and
               there
               make
               unto
               the
               said
               A.
               the
               said
               writing
               for
               fear
               of
               those
               threats
               ,
               And
               this
               he
               is
               ready
               to
               aver
               ,
               whereupon
               he
               prayeth
               Judgment
               ,
               if
               the
               
               said
               A.
               ought
               to
               have
               his
               said
               action
               against
               him
               &c.
               
            
          
           
             
               Replic
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               A.
               saith
               he
               by
               any
               thing
               before
               alleadged
               ,
               ought
               not
               to
               be
               barred
               from
               having
               his
               said
               action
               ,
               because
               he
               saith
               that
               the
               said
               B.
               at
               the
               time
               of
               the
               making
               of
               the
               said
               writing
               aforesaid
               ,
               was
               of
               his
               own
               power
               at
               large
               ;
               And
               did
               make
               to
               the
               said
               A.
               the
               said
               writing
               of
               his
               meere
               and
               voluntary
               will
               ;
               And
               not
               for
               fear
               of
               threats
               ,
               as
               the
               said
               B.
               hath
               above
               alleadged
               .
               And
               he
               prayeth
               ,
               that
               this
               may
               be
               inquired
               by
               the
               Countrey
               ,
               And
               the
               said
               B.
               likewise
               ,
               &c.
               
            
          
           
             
               By
               hardnesse
               of
               imprisonment
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               &c.
               when
               ,
               &c.
               
               And
               saith
               ,
               &c.
               because
               he
               saith
               that
               at
               the
               time
               of
               making
               of
               the
               said
               writing
               he
               was
               imprisoned
               by
               the
               said
               A.
               and
               other
               of
               his
               Covin
               ,
               that
               is
               to
               say
               at
               N.
               aforesaid
               ,
               and
               there
               in
               prison
               detained
               untill
               the
               same
               B.
               by
               force
               and
               hardnesse
               
               of
               that
               imprisonment
               ,
               had
               then
               and
               there
               made
               to
               the
               said
               A.
               the
               said
               writing
               .
               And
               this
               he
               it
               ready
               to
               aver
               ,
               whereupon
               he
               prayeth
               Judgment
               ,
               &c.
               
            
          
           
             
               Replic
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               said
               A.
               saith
               ,
               that
               he
               ,
               &c.
               because
               he
               saith
               ,
               that
               the
               said
               B.
               at
               the
               time
               of
               making
               of
               the
               said
               writing
               ,
               was
               of
               his
               own
               right
               at
               large
               ,
               and
               out
               of
               prison
               ,
               and
               did
               of
               his
               meere
               and
               voluntary
               will
               make
               to
               the
               said
               A.
               the
               said
               writing
               ,
               and
               not
               by
               force
               and
               hardnesse
               of
               imprisonment
               ,
               as
               the
               said
               B.
               above
               hath
               alleadged
               .
               And
               this
               he
               prayeth
               may
               be
               inquired
               of
               by
               the
               Countrey
               ;
               And
               the
               said
               B.
               likewise
               ,
               &c.
               
            
          
           
             
               The
               Assault
               made
               by
               the
               Plaintiff
               ,
               &c.
               
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               ,
               &c.
               when
               ,
               &c.
               
               And
               as
               to
               the
               trespas
               and
               assault
               aforesaid
               above
               supposed
               to
               be
               done
               ,
               
               the
               said
               
                 J
                 R.
              
               saith
               that
               the
               said
               
                 R
                 W.
              
               his
               action
               aforesaid
               against
               him
               ought
               not
               to
               have
               ,
               because
               
               he
               saith
               ,
               that
               the
               aforesaid
               
                 R
                 W.
              
               the
               day
               ,
               year
               ,
               &c.
               aforesaid
               upon
               him
               the
               said
               
                 J
                 R.
              
               at
               the
               Castle
               ,
               &c.
               did
               make
               an
               Assault
               ,
               and
               him
               would
               have
               beaten
               ,
               wounded
               ,
               and
               evill
               intreated
               ,
               by
               which
               the
               said
               
                 J
                 R.
              
               himself
               against
               the
               aforesaid
               
                 R
                 W.
              
               did
               then
               and
               there
               defend
               ;
               And
               saith
               ,
               that
               if
               any
               evill
               to
               the
               said
               
                 R
                 W.
              
               then
               and
               there
               happened
               ,
               was
               of
               the
               proper
               assault
               of
               him
               the
               said
               
                 R
                 W.
              
               And
               in
               defence
               of
               him
               the
               said
               
                 J
                 R.
              
               And
               this
               he
               is
               ready
               to
               verifie
               ,
               whereupon
               he
               prayeth
               Judgment
               ,
               if
               the
               aforesaid
               
                 R
                 W.
              
               his
               action
               aforesaid
               ,
               against
               him
               ought
               to
               have
               ,
               &c.
               
            
          
           
             
               Replic
               .
            
             
               
                 Yo.
                 ss
                 .
                 #
              
            
             
               ANd
               the
               foresaid
               
                 R
                 W.
              
               saith
               ,
               that
               he
               by
               any
               thing
               before
               alledged
               ,
               from
               having
               his
               action
               aforesaid
               ,
               ought
               not
               to
               be
               debarred
               ,
               because
               he
               saith
               ,
               that
               the
               aforesaid
               
                 J
                 R.
              
               the
               day
               ,
               year
               ,
               &c.
               abovesaid
               ,
               at
               ,
               &c.
               in
               his
               declaration
               aforesaid
               above
               specified
               ,
               of
               his
               own
               proper
               injury
               ,
               and
               without
               such
               cause
               by
               the
               said
               
                 R
                 W.
              
               above
               
               alledged
               upon
               him
               the
               said
               
                 R
                 W.
              
               did
               make
               an
               assault
               ,
               and
               him
               did
               beat
               ,
               wound
               ,
               and
               evill
               intreat
               ,
               so
               that
               of
               his
               life
               he
               did
               despaire
               ,
               against
               the
               peace
               of
               the
               Lord
               Protector
               that
               now
               is
               ;
               As
               the
               said
               
                 R
                 W.
              
               above
               against
               him
               hath
               complained
               ;
               And
               this
               he
               prayeth
               may
               be
               inquired
               of
               by
               the
               Countrey
               ,
               And
               the
               said
               
                 J
                 R.
              
               likewise
               ,
               Therefore
               ,
               &c.
               
            
          
           
             
               The
               Defendant
               pleadeth
               ,
               the
               Plaintiff
               within
               age
               ,
               to
               bring
               his
               action
               :
               And
               should
               have
               brought
               it
               by
               Guardian
               ,
               and
               not
               by
               Atturney
               .
            
             
               ANd
               ,
               &c.
               when
               ,
               &c.
               
               And
               sayes
               ,
               that
               the
               aforesaid
               
                 J
                 R.
              
               ought
               not
               to
               have
               his
               action
               aforesaid
               against
               him
               ,
               because
               he
               sayes
               ,
               that
               the
               aforesaid
               
                 J
                 R.
              
               the
               day
               and
               year
               in
               the
               Declaration
               aforesaid
               specified
               (
               to
               wit
               )
               the
               day
               ,
               year
               ,
               &c.
               the
               day
               of
               ,
               the
               issuing
               forth
               of
               the
               Writ
               of
               Justicies
               of
               him
               the
               said
               
                 J
                 R.
              
               that
               is
               to
               say
               ,
               the
               day
               ,
               year
               ,
               &c.
               was
               within
               the
               age
               of
               one
               and
               twenty
               years
               ,
               And
               that
               the
               aforesaid
               
                 J
                 R.
              
               declared
               against
               
               him
               the
               said
               
                 P
                 C.
              
               in
               the
               plaint
               aforesaid
               by
               his
               Atturney
               ,
               whereas
               by
               the
               due
               forme
               of
               Law
               ,
               he
               ought
               to
               have
               declared
               by
               his
               Guardian
               ;
               And
               this
               he
               is
               ready
               to
               aver
               ,
               whereupon
               he
               prayes
               Judgment
               ,
               whether
               the
               aforesaid
               
                 J
                 R.
              
               ought
               to
               have
               his
               action
               aforesaid
               against
               him
               ,
               &c.
               
            
          
        
      
    
     
       
         
         
         
           THE
           TABLE
           .
        
         
           
             A
          
           
             ACcount
             .
             27
          
           
             Accedeas
             ad
             Car.
             66
          
           
             What
             Actions
             may
             be
             brought
             in
             the
             County
             Court.
             13
          
           
             What
             Actions
             will
             not
             lye
             in
             this
             Court.
             7
          
           
             Within
             what
             time
             Actions
             must
             be
             brought
             .
             14
          
           
             Who
             may
             bring
             Actions
             ,
             and
             who
             not
             .
             15
          
           
             Adjournement
             .
             35
          
           
             Amerciament
             .
             7
          
           
             Answer
             what
             .
             23
          
           
             Appearance
             .
             17
          
           
             Arbitrament
             .
             26
          
           
             Atturneys
             .
             12
          
        
         
           
             B.
             
          
           
             BAyliffs
             how
             punishable
             for
             misdemeanors
             .
             39
          
           
             
             Bayliffs
             what
             they
             are
             .
             36
          
        
         
           
             C.
             
          
           
             COunty
             Court
             when
             instituted
             .
             3
          
           
             Why
             instituted
             .
             6
          
           
             No
             Court
             of
             record
             .
             5
          
           
             Court
             how
             to
             be
             kept
             .
             31
          
           
             County
             Clarks
             office
             .
             7
          
           
             Court
             ,
             what
             ,
             21
          
           
             Continuance
             what
             .
             21
          
           
             Challenge
             of
             Jurors
             .
             29
          
           
             Consultation
             ,
             a
             writ
             .
             58
          
           
             Coroners
             office
             in
             this
             Court.
             10
          
        
         
           
             D.
             
          
           
             DEbt
             .
             
               26
               ,
               27
            
          
           
             Debt
             against
             Executors
             or
             Administrators
             .
             26
          
           
             Declaration
             what
             ,
             &c.
             18
          
           
             Demise
             .
             27
          
           
             Detinue
             .
             27
          
           
             Deputation
             for
             a
             Bayliff
             of
             an
             hundred
             .
             102
          
           
             Distress
             ,
             &c.
             36
          
           
             Duc.
             tec.
             18
          
        
         
           
             E.
             
          
           
             ESsoyne
             what
             .
             18
          
           
             Exigent
             and
             Proclamation
             how
             to
             be
             proclaimed
             .
             11
          
           
             
             Execution
             ,
             and
             what
             Goods
             may
             be
             take
             upon
             it
             .
             47
          
        
         
           
             F.
             
          
           
             FIne
             .
             7
          
           
             Freehold
             .
             28
          
           
             Fieri
             facias
             .
             90
          
           
             Fieri
             fac
             .
             against
             an
             Executor
             .
             91
          
           
             Fi.
             fac
             .
             for
             costs
             ,
             upon
             a
             Non-suite
             .
             92
          
           
             Fi.
             fac-upon
             a
             Verdict
             for
             the
             Defendant
             .
             93
          
           
             The
             Table
             of
             Fees.
             104
          
        
         
           
             G.
             
          
           
             GEnerall
             issues
             upon
             severall
             actions
             .
             25
          
        
         
           
             I.
             
          
           
             IMparlance
             .
             22
          
           
             Issue
             .
             25
          
           
             Jurors
             ,
             who
             may
             be
             challenged
             .
             29
          
           
             Justicies
             ,
             a
             Writ
             .
             80
          
           
             Judiciall
             process
             .
             90
          
        
         
           
             M.
             
          
           
             MOdo
             &
             forma
             ,
             in
             a
             Declaration
             ,
             where
             necessary
             &
             where
             not
             .
             19
          
        
         
           
             N.
             
          
           
             NOn
             suite
             .
             21
          
           
             Non
             sum
             informatus
             .
             24
          
           
             Non-age
             .
             26
          
           
             Nil
             dicit
             .
             24
          
        
         
           
           
             O.
             
          
           
             OBligation
             ,
             &c.
             25
          
           
             Obligation
             upon
             a
             Replevin
             .
             86
          
           
             Office
             of
             the
             County
             Clerk.
             7
          
           
             Office
             of
             a
             Coroner
             in
             this
             Court.
             10
          
           
             Oath
             of
             the
             Coroner
             .
             101
          
           
             Order
             of
             the
             Judges
             concerning
             Essoynes
             illegally
             returned
             .
             106
          
        
         
           
             P.
             
          
           
             PLeas
             specially
             to
             be
             pleaded
             .
             25
          
           
             Nota
             Pleas.
             28
          
           
             Pledges
             .
             17
          
           
             Proceedings
             of
             the
             Court.
             17
          
           
             Proclam
             .
             and
             Exig
             .
             how
             to
             be
             proclaimed
             .
             11
          
           
             Prohibition
             ,
             a
             Writ
             .
             58
          
           
             Procedendo
             ,
             a
             Writ
             .
             58
          
           
             Processe
             in
             the
             Court.
             77
          
           
             Precept
             upon
             an
             acced
             .
             ad
             cur
             .
             67
          
           
             Precept
             upon
             a
             Proclamation
             .
             100
          
           
             Precept
             upon
             a
             Writ
             of
             Justic
             .
             80
          
        
         
           
             R.
             
          
           
             REjoynder
             what
             .
             23
          
           
             Rent
             .
             26
          
           
             Replevin
             ,
             &c.
             
               50
               ,
               81
            
          
           
             Rule
             ,
             what
             .
             23
          
           
             Return
             of
             Exig
             .
             71
          
           
             Return
             of
             Proclam
             .
             76
          
           
             
             Return
             of
             a
             Recordare
             .
             54
          
           
             Return
             of
             a
             Pone
             .
             54
          
           
             Return
             of
             the
             Writ
             for
             the
             election
             of
             a
             Coroner
             .
             71
          
           
             Return
             of
             a
             Writ
             of
             false
             Judgement
             .
             59
          
        
         
           
             S.
             
          
           
             SHire
             ,
             the
             originall
             ,
             &c.
             1
          
           
             Sheriffs
             ,
             &c.
             idem
          
           
             Slander
             .
             27
          
           
             Suitors
             Judges
             .
             6
          
           
             Surrejoynder
             what
             .
             24
          
           
             Scir
             .
             fac
             .
             94
          
           
             Scir
             .
             fac
             .
             post
             diem
             &
             annum
             .
             95
          
           
             Scir
             .
             fac
             .
             against
             an
             Executor
             ,
             after
             Judgment
             against
             the
             Testator
             .
             97
          
           
             Subpoena
             ad
             Testif
             .
             99
          
        
         
           
             T.
             
          
           
             TRespass
             .
             27
          
           
             Trespass
             damage
             feasant
             .
             27
          
           
             Tolt
             ,
             a
             precept
             .
             88
          
        
         
           
             V.
             
          
           
             VIcount
             unde
             .
             2
          
           
             Verdict
             ,
             &c.
             30
          
           
             Venire
             fac
             .
             98
          
        
         
           
             W.
             
          
           
             WArrant
             of
             Atturney
             .
             102
          
           
             Warrantie
             .
             27
          
           
             
             Withernam
             a
             precept
             .
             83
          
           
             Woman
             covert
             .
             26
          
        
         
           
             Declarations
             .
          
           
             
               In
               Debt
               .
            
             
               EXecutor
               against
               an
               Executor
               .
               108
            
             
               Vpon
               a
               bill
               to
               be
               payd
               at
               the
               day
               of
               Marriage
               ,
               and
               issue
               upon
               it
               .
               110
            
             
               Vpon
               retainer
               for
               shoeing
               a
               horse
               ,
               &c.
               114
            
             
               Vpon
               an
               accompt
               .
               115
            
             
               Money
               lent
               by
               joynt
               partners
               for
               a
               certain
               time
               ,
               and
               to
               be
               payd
               to
               the
               Survivor
               .
               116
            
             
               For
               rent
               in
               arreare
               .
               117
            
             
               For
               servants
               wages
               .
               119
            
             
               For
               Tythes
               .
               121
            
             
               Upon
               an
               award
               .
               122
            
             
               For
               Atturneys
               Fees.
               125
            
          
           
             
               Case
               .
            
             
               FOR
               Coales
               ,
               promising
               to
               pay
               so
               much
               as
               they
               should
               be
               reasonably
               worth
               .
               127
            
             
               For
               a
               horse
               sold
               ,
               warranted
               to
               be
               sound
               .
               128
            
             
               
               For
               a
               horse
               lent
               ,
               promising
               to
               redeliver
               him
               ,
               &c.
               129
            
             
               For
               adgisting
               of
               beasts
               .
               131
            
             
               For
               a
               Chirurgion
               for
               curing
               a
               wound
               .
               133
            
             
               For
               a
               laborors
               hire
               .
               134
            
             
               In
               consideration
               that
               the
               Plaintiff
               would
               deliver
               unto
               one
               E
               L.
               certain
               mercery
               wares
               ,
               if
               he
               did
               not
               pay
               for
               them
               ,
               the
               defendant
               would
               .
               136
            
             
               Slander
               for
               calling
               the
               Plaintiff
               theef
               .
               137
            
             
               For
               slanderously
               calling
               the
               Plaintiff
               Bankrupt
               .
               140
            
             
               In
               consideration
               that
               the
               Plaintiff
               would
               marry
               
                 E.
                 R.
              
               the
               Defendant
               Promised
               to
               make
               him
               worth
               two
               hundred
               pounds
               145
            
             
               Trover
               and
               Conversion
               .
               147
            
             
               Detinue
               .
               148
            
          
           
             
               Trespass
            
             
               For
               breaking
               down
               the
               Plaintiffs
               shall
               being
               set
               up
               in
               the
               market
               .
               149
            
             
               For
               breaking
               the
               Plaintiff's
               close
               &c.
               150
            
             
               
               For
               a
               dog
               biting
               a
               mare
               ,
               so
               that
               she
               dyed
               .
               151
            
             
               For
               Chasing
               of
               Hoggs
               with
               Doggs
               &c.
               151
            
             
               For
               pasturing
               Sheep
               in
               a
               rotten
               pasture
               ,
               by
               reason
               whereof
               they
               dyed
               .
               152
            
             
               For
               digging
               and
               plowing
               the
               Plaintiffs
               ground
               ,
               and
               taking
               away
               his
               Corn.
               152
            
             
               For
               taking
               away
               a
               Post
               .
               153
            
             
               Trespass
               and
               assault
               .
               154
            
             
               Assault
               upon
               one
               at
               under-age
               .
               154
            
             
               Assault
               upon
               a
               Replevin
               .
               155
            
          
           
             
               Pleadings
               .
               Answers
               ,
               Replications
               ,
               Rejoynders
               &c.
               
            
             
               HE
               owes
               him
               nothing
               155
            
             
               He
               made
               no
               such
               Promise
               and
               Replication
               .
               156
            
             
               He
               made
               no
               such
               promise
               within
               six
               years
               .
               157
            
             
               Never
               Executor
               .
               157
            
             
               Fully
               Administred
               ,
               &
               Rep.
               
                 158
                 ,
                 159
              
            
             
               Not
               guilty
               .
               159
            
             
               Barr
               ,
               by
               within
               age
               160
            
             
               Payment
               upon
               a
               Bill
               ,
               and
               a
               Release
               produced
               160
            
             
               
               Freehold
               161
            
             
               No
               action
               to
               cause
               one
               to
               render
               an
               Account
               willly
               in
               this
               Court.
               162
            
             
               In
               arrest
               of
               judgment
               163
            
             
               Conditions
               performed
               ,
               and
               Repl.
               and
               Rejoynder
               165
            
             
               Detayn
               he
               doth
               not
               166
            
             
               Barr
               by
               a
               general
               Accquittance
               and
               Repl.
               167
            
             
               Justification
               of
               scandalous
               words
               168
            
             
               Tender
               of
               amends
               in
               Replevin
               ,
               159
            
             
               Part
               of
               the
               debt
               paid
               ,
               the
               residue
               tendered
               before
               suit
               ,
               and
               refused
               ,
               and
               Repl.
               
                 169
                 ,
                 170
                 ,
                 171.
              
               
            
             
               Not
               his
               Deed
               172
            
             
               By
               Threats
               and
               Repl.
               172
            
             
               By
               hardness
               of
               imprisonment
               and
               Repl.
               
                 173
                 ,
                 174
              
            
             
               The
               Assaul
               made
               by
               the
               Plaintiff
               and
               Repl
               
                 174
                 ,
                 175
              
            
             
               The
               Defendant
               pleadeth
               the
               Plaintiff
               within
               age
               to
               bring
               his
               Action
               ,
               and
               should
               have
               brought
               it
               by
               Guardian
               ,
               and
               not
               by
               Attorny
               176
            
          
        
      
       
         
         
           Courteous
           Reader
           ,
           these
           Books
           following
           are
           to
           be
           sold
           by
           
             John
             Place
          
           ,
           at
           
             Furnivals
             Iune
          
           Gate
           in
           Holborn
           .
        
         
           THe
           History
           of
           the
           World
           ,
           by
           Sir
           
             Walter
             Raleigh
             ,
             in
             Folio
          
           .
        
         
           New
           Cases
           of
           the
           years
           and
           time
           of
           Hen.
           8.
           
           Edw.
           6.
           and
           Queen
           Mary
           ,
           by
           
             John
             March
          
           of
           
             Grayes
             Inne
          
           ,
           Barrister
           ,
           in
           8o.
        
         
           Transactions
           of
           the
           High
           Court
           of
           Chancery
           ,
           collected
           by
           
             William
             Tothel
          
           ,
           Esquire
           ,
           and
           since
           Revised
           by
           Sir
           
             Robert
             Holborn
          
           .
        
         
           Witchcraft
           condemned
           ,
           or
           Doctor
           Lamb
           revived
           ,
           in
           the
           unheard
           of
           Practises
           of
           
             Ann
             Bodinham
          
           ,
           arraigned
           at
           Sarum
           Assizes
           ,
           1653.
           
        
         
           
             Vade
             Mecum
          
           :
           whereunto
           is
           added
           an
           Abridgment
           of
           Stamfords
           Pleas.
           
        
         
           An
           Abridgment
           of
           the
           Lord
           Dyers
           Reports
           ▪
           by
           Sir
           
             Tho.
             Ireland
          
           .
        
         
           The
           great
           mystery
           of
           Godliness
           ,
           by
           
             Jos
             .
             Hall
          
           ,
           B.
           Norwich
           .
        
         
           Declarations
           and
           Pleadings
           ,
           by
           
             W.
             S.
          
           in
           the
           time
           of
           
             Eliz.
             Jam.
          
           &
           Cha.
           
        
         
           Clarestella
           ,
           together
           with
           Elegies
           ,
           
           Epigrams
           ,
           Satyrs
           ,
           by
           
             Reb.
             Heath
          
           Esquire
           .
        
         
           The
           Imposition
           of
           Hands
           ,
           by
           
             Jos
             .
             Hall
          
           B.
           of
           Norwich
           .
        
         
           The
           Office
           of
           a
           Lord
           Chancellor
           ,
           by
           the
           Lord
           Ellesmore
           .
        
         
           The
           Peace-maker
           ,
           by
           
             Will.
             Page
          
           B.
           D.
           
        
         
           The
           Doctrine
           of
           the
           Saints
           Infirmities
           ,
           by
           Dr.
           Preston
           .
        
         
           A
           Treatise
           of
           the
           Sabbath
           day
           ,
           by
           
             Fra.
             White
          
           ,
           B.
           of
           Ely
           in
           4o.
        
         
           A
           short
           Catechism
           ,
           by
           
             Will.
             How
          
           ,
           Minister
           of
           the
           Gospel
           .
        
         
           The
           
             Laymans
             Lawyer
          
           :
           or
           the
           second
           part
           of
           the
           practick
           part
           of
           the
           Law
           ,
           in
           8o.
        
         
           
             The
             Faithfull
             Councellor
          
           :
           or
           the
           Marrow
           of
           the
           Law
           in
           English
           ,
           the
           second
           part
           by
           
             W.
             Sheppard
          
           ,
           Esquire
           .
           in
           4o.
        
         
           Declarations
           ,
           Counts
           ,
           and
           Pleadings
           ,
           in
           English
           ,
           the
           second
           part
           ,
           collected
           by
           
             Richard
             Brownlow
          
           Esquire
           ,
           late
           Prothonothary
           of
           the
           Common
           Pleas
           ,
           Mr.
           Walbank
           a
           partner
           ,
           in
           4o.
        
         
           
             The
             Scriveners
             Guide
          
           ,
           or
           the
           
             Compleat
             Clerk
          
           ,
           shewing
           all
           manner
           
           of
           Presidents
           for
           Conveyances
           .
           &c.
           collected
           and
           perfected
           ,
           with
           the
           advice
           and
           judgement
           of
           severall
           able
           Judges
           and
           Sages
           in
           the
           Law
           ,
           in
           4o.
        
         
           Commentary
           of
           
             Caius
             Caesar
          
           ,
           of
           all
           his
           Wars
           in
           Gallia
           ,
           with
           the
           Observations
           of
           Sir
           
             Clement
             Edmunds
          
           ,
           as
           also
           our
           modern
           Training
           ,
           with
           addition
           of
           his
           Medalls
           and
           Life
           ,
           
             in
             folio
          
           .
        
         
           Poems
           by
           
             Matthew
             Stevenson
          
           .
        
         
           
             The
             floating
             Island
          
           :
           an
           excellent
           play
           ,
           by
           Dr.
           Strode
           .
        
         
           The
           Lord
           Pophams
           Reports
           ,
           in
           folio
           .
        
         
           A
           Catechism
           ,
           according
           to
           the
           Common
           Payers
           and
           Liturgy
           of
           the
           Church
           of
           England
           ,
           for
           all
           young
           Children
           to
           learn
           before
           their
           admittance
           to
           the
           Sacrament
           .
           One
           sheet
           of
           paper
           ,
           by
           the
           able
           hand
           of
           
             Alan
             Smallwood
          
           B.
           D.
           
        
         
           The
           jurisdiction
           of
           all
           Court-Leets
           and
           Court-Baron
           ,
           by
           Kitchin
           late
           of
           Bernards
           Inne
           ,
           sold
           by
           
             J.
             Place
          
           and
           Partners
           .
        
         
           Reports
           and
           Cases
           ,
           collected
           by
           the
           learned
           Judge
           Owen
           ,
           Esquire
           ,
           one
           of
           
           the
           Judges
           of
           the
           Common
           pleas
           ,
           wherein
           are
           many
           Cases
           throughly
           argued
           and
           compared
           with
           the
           year-books
           .
        
         
           Nomotomia
           ,
           in
           two
           parts
           ,
           the
           first
           being
           a
           collection
           and
           Survey
           of
           the
           Gcnerall
           Titles
           of
           the
           Common
           Law
           ,
           with
           the
           Cases
           thereof
           ,
           drawn
           out
           of
           the
           old
           Books
           of
           the
           Law
           ,
           and
           later
           reports
           ,
           &
           reduced
           into
           several
           Chapters
           for
           the
           benefit
           of
           Students
           in
           the
           Law.
           Together
           with
           an
           Abridgment
           of
           all
           Acts
           and
           Ordinances
           of
           King
           and
           Parliament
           since
           1651.
           by
           
             W.
             Hugles
          
           of
           Grayes
           Inne
           Esquire
           .
        
         
           The
           Arraignment
           and
           Conviction
           of
           Anabaptisme
           ,
           or
           a
           Reply
           to
           M●
           Tombes
           his
           Plea
           for
           Antipedobaptists
           ,
           by
           
             Jo.
             Cragge
             M.
             A.
          
           Preacher
           of
           the
           Gospell
           at
           
             Lantillio
             Pertholy
          
           in
           Monmouthshire
           .
        
      
       
         
           Books
           sold
           by
           
             William
             Place
          
           ,
           at
           Grayes
           Inne
           gate
           in
           Holborne
           .
        
         
           SIr
           
             Walter
             Raleighs
          
           History
           of
           the
           World.
           
        
         
           An
           exact
           Collection
           of
           Ordinances
           ,
           Orders
           ,
           Declarations
           ,
           Petitions
           ,
           
           Messages
           and
           Answers
           ,
           with
           other
           remarkable
           passages
           which
           passed
           between
           the
           late
           King
           and
           Parliament
           at
           the
           beginning
           of
           our
           late
           troubles
           .
        
         
           Actions
           for
           slander
           ,
           shewing
           what
           words
           are
           actionable
           in
           Law
           ,
           and
           what
           not
           ,
           by
           
             Jo.
             March
          
           of
           Grayes
           Inne
           Barrister
           .
        
         
           Considerations
           on
           the
           12.
           signes
           of
           Predestination
           ,
           illustrated
           with
           Emblemes
           ,
           written
           in
           Latin
           by
           
             H.
             Drexelius
          
           ,
           Translated
           by
           
             R.
             B.
          
           of
           Trinity
           Colledge
           in
           Cambridge
           .
        
         
           Transactions
           in
           the
           High-Court
           of
           Chancery
           ,
           by
           
             W.
             Tothill
          
           
             Esq
          
           Revised
           by
           Sir
           
             Rob.
             Holburn
          
           .
        
         
           The
           Office
           of
           Executors
           ,
           by
           
             Tho.
             Wentmouth
          
           ,
           late
           Boucher
           of
           Lincolns
           Inne
           .
        
         
           The
           Queens
           Closet
           opened
           ,
           containing
           incomparable
           secrets
           in
           Physick
           ,
           Chirurgery
           ,
           Conserving
           and
           Cookery
           .
        
         
           Fancies
           Theater
           ,
           five
           poems
           ,
           by
           
             J.
             Tatham
          
           Gent.
           
        
         
           Considerations
           concerning
           the
           Exchequer
           ,
           by
           
             C.
             Vernon
          
           the
           Kings
           Secretary
           .
        
         
           FINIS
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A42032-e300
           
             Vicount
             unde
             .
          
           
             County
             Court
             when
             instituted
             .
          
           
             Lambert
             .
          
           
             Lam.
             arch
             .
          
           
             This
             Court
             no
             Court
             of
             Record
             .
          
           
             Why
             instituted
             .
          
           
             Coo.
             inst
             .
             3.
             par
             .
             cap.
             
               5
               5.
            
             
          
           
             Suitors
             Judges
             .
          
           
             No
             Fine
             .
          
           
             Amercement
             .
          
           
             What
             actions
             w●ll
             not
             ly
             in
             this
             Court.
             
          
           
             
               Exigent
               &
               Proclam
            
             .
             to
             be
             proclaimed
             5.
             
             County
             dayes
             ,
             &c.
             
          
           
             F.N.B.
             fo
             .
             395.
             
          
           
             31.
             
             Eliz.
             cap.
             5.
             
          
           
             S.
             Mar.
             ca.
             6.
             fo
             .
             3.
             
          
           
             Appearance
             .
          
           
             Essoyne
             .
          
           
             Duces
             tecum
             .
          
           
             Declaration
             .
          
           
             Modo
             &
             forma
             .
          
           
             Nota.
             
          
           
             21.
             
             E.
             4.
             fo
             .
             12.
             
          
           
             Modo
             &
             forma
             .
          
           
             Modo
             &
             forma
             .
          
           
             27.
             
             H.
             8.
             fo
             .
             29.
             
          
           
             Count.
             
          
           
             Non-snit
             .
          
           
             Emparlanc
             .
          
           
             Continuance
             .
          
           
             Rule
             .
          
           
             Answer
             .
          
           
             Replication
             .
          
           
             Rejoynder
             .
          
           
             Surrejoynder
             .
          
           
             Nota.
             
          
           
             Not
             informed
             .
          
           
             Nil
             dicit
             .
          
           
             Generall
             issue
             .
          
           
             Pleas
             specialy
             to
             be
             pleaded
             .
          
           
             Obligation
             .
          
           
             Debt
             .
          
           
             Against
             Executors
             or
             Administrators
             .
          
           
             Non
             ag●
             .
          
           
             Woman
             covert
             .
          
           
             Arbitrament
             .
          
           
             Trespass
             damage
             feasant
             .
          
           
             Rent
             .
          
           
             Detinue
             .
          
           
             Slander
             .
          
           
             Warantie
             .
          
           
             Debt
             .
          
           
             Warantie
             .
          
           
             Account
             .
          
           
             Trespass
             .
          
           
             Nota.
             
          
           
             Free-hold
             .
          
           
             Nota.
             Et
             hoc
             paratus
             est
             verificare
             .
          
           
             Et
             de
             hoc
             ponit
             se
             ●uper
             partiam
             .
          
           
             Et
             hoc
             petit
             ,
             quod
             inquiratur
             per
             patriam
             
          
           
             
               21.
               
               E.
               4
               fo
               .
               11.
               
               &
               63.20
               .
               Ass
               .
               11.
               2.
               
               H.
               4.
               f.
               16.
               4.
               
               E.
               4.
               f.
               1.
               2.
               
               H.
               4.
               f.
               14.
               
            
             
               13.
               
               H.
               4.
               f.
               14.22
               .
               E.
               2.
               
               Charl.
               177.8
               .
               E.
               3.
               f.
               69.
               3.
               
               H.
               6.
               fo
               .
               24.
               
            
             
               9.
               
               E.
               4.
               fo
               .
               49.
               
            
             
               
                 Britton
                 fo
              
               .
               134.
               
            
             
               11.
               
               H.
               4.
               fo
               .
               40.
               
            
             
               33.
               
               H.
               6.
               fo
               .
               55.
               
            
             
               18.
               
               H.
               8.
               f.
               2.
               
            
             
               8.
               
               H.
               6.
               f.
               60.
               
            
          
           
             Nota.
             
          
           
             
               17.
               
               E.
               
                 3.47
                 .
                 18.
              
               
               E.
               
                 3.48
                 .
                 22.
              
               
               E.
               
                 3.2
                 .
                 18.
              
               
               E.
               
                 3.56
                 .
                 15.
              
               
               E.
               3.
               judg
               .
               58.
               &c.
               
            
             
               Hil.
               25.
               
               Eliz
               Mic.
               28.
               
               &
               29.
               
               Eliz.
               inter
               Gomersall
               &
               Gomersall
               &c.
               
            
          
           
             Procl
             .
          
           
             Procl
             .
          
           
             Procl
             .
          
           
             Plaint
             .
          
           
             Decl.
             
          
           
             Answer
             .
          
           
             Ve.
             fa.
             
          
           
             Oath
             .
          
           
             Oath
             .
          
           
             Adjornment
             .
          
           
             Broo.
             146.
             
             Fieches
             &
             ley
             135.
             
             Coo.
             sup
             .
             Litt.
             97.
             
          
           
             Recordare
             facias
             loquelam
             .
          
           
             It
             s
             nature
             .
          
           
             The
             Return
             .
          
           
             The
             Scedule
             .
          
           
             The
             Plea.
             
          
           
             Orthus
             .
          
           
             The
             Schedule
             .
          
           
             The
             Return
             .
          
           
             The
             Schedule
             .
          
           
             The
             Plea
             by
             writ
             .
             Prohibitition
             .
          
           
             Consultation
             ,
             or
             Procedendo
             .
          
           
             The
             return
             .
          
           
             The
             Schedule
             .
          
           
             Writ
             of
             Justices
             .
          
           
             Warrant
             upon
             the
             writ
             .
          
           
             Essoyn
             .
          
           
             De
             malè
             vener
             .
          
           
             Declaration
             
          
           
             Emparlance
             .
          
           
             Non
             sum
             informatus
             .
          
           
             Jury
             to
             inquire
             of
             damages
             .
          
           
             Precept
             upon
             an
             
               acced
               .
               ad
               cur
            
             .
          
           
             Honour
             of
             P.
             The
             return
             .
          
           
             The
             plaine
             .
          
           
             Record
             to
             be
             delivered
             in
             Court.
             
          
           
             Or
             thus
             .
             If
             the
             Record
             be
             not
             returned
             .
          
           
             Betwixt
             two
             Sher.
             
          
           
             Or
             thus
             .
          
           
             Defect
             of
             the
             Coroner
             .
          
           
             Defect
             of
             the
             County
             .
          
           
             Supersedeas
             .
          
           
             Or
             thus
             .
          
           
             Or
             thus
             .
          
           
             Rendred
             himself
             .
          
           
             Dead
             .
          
           
             Waived
             .
          
           
             Languid
             .
          
           
             Duc.
             tec.
             
          
           
             Special
             .
          
           
             Alias
             Repl
             .
          
           
             ●
             Withernam
             .
          
           
             Al'
             capias
             in
             Withernam
             .
          
           
             Notae
             .
          
           
             An
             Obligation
             upon
             a
             Replevin
             .
          
           
             The
             condition
             .
          
           
             Or
             thus
             .
          
           
             The
             Plaint
             .
          
           
             
               Fi.
               fa.
            
             against
             an
             Executor
             .
          
           
             
               Fi
               fa.
            
             for
             costs
             upon
             a
             non-suit
             .
          
           
             
               Fi.
               fa.
            
             upon
             a
             Verdict
             for
             the
             Defendant
             .
          
           
             Yo.
             ss
             .
          
           
             Yo.
             ss
             .
          
           
             De
             male
             vener
             .
          
           
             Yo
             s●
             .
          
           
             14
             E.
             4.
             fo
             .
             6.
             15
             
             E.
             4.
             fo
             .
             32.
             17
             
             E.
             4.
             fo
             .
             5.
             
          
           
             Yo.
             ss
             
          
           
             1.
             pact
             .
             non
             sol
             .
          
           
             2.
             
             Morat
             in
             lege
             .
          
           
             Son.
             assault
             de
             measn
             .
          
        
      
    
  

