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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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.
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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
.