Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	hold_v	king_n	scotland_n	4,230	5	8.8042	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89406	An Exact book of entries, of the most select judiciall vvrits used in the common-law. Translated from the originall manuscript, which was collected by the hands of that eminent clerk, Robert Moyle Esq; late one of the prothonotaries of the Court of Common-Bench. A work of much industry, as may appeare by the authors great paines in quoting of book-cases, opinions of judges, number rolls, and many other requisites, for the confirmation of every entry, whereof none have been ever published before. Printed now for the use and benefit of all, but aimed most especially for such as are most conversant in the common-law. By J.H. Gent. With a perfect table in which may be found the principall matters therein contained.	J. H.; Moyle, Robert.	1658 (1658)	Wing M3029; Thomason E757_11; ESTC R207263	271,457	226

and lawfull Knights of his County and in his proper person came to the same Court of the said G.W. and in full Court there held the tenth day of May An. c. 13. abovesaid and caused to be recorded the Plaint aforesaid which was in the same Court without the Writ of the said Lady the Queen between the parties aforesaid in the Plea aforesaid And hath the Record before the Justices here at the said Cro. Trinitatis under his Seal and the Seals of I.F.I.P.I.P. and T. L. four lawfull men of the same Court of those who were present at the same Record And had prefixed the same day to the parties aforesaid that they should be here to proceed in the same Plaint as shall be just And now here at this day came as well the same Marquesse by Rich. Lee his Attorney as the same Eliz by W. Plomer her Attorney Judgment that the cause is insufficient to remove the cause and a writ of Procedendo is granted whereupon the cause aforesaid being seen in the Writ aforesaid recited It seemed to the Justices here that cause to be insufficient in Law to remove the Plaint aforesaid out of the same Court of the said G.W. of his Mannor aforesaid And that the Court of the Queen here ought not to take Cognizance of the Plea therein And that the Bayliffs of the said G.W. of his Mannor aforesaid in the same Court of the said G. ought to proceed in the Plaint aforesaid Therefore it is considered that the same Bayliffs notwithstanding the Writ aforesaid in the Plaint aforesaid according to the Law and Custome of the Mannor aforesaid at the prosecution of the said Marquesse proceed with effect and that they exhibit to the parties aforesaid full and speedy Justice therein according to the custome of the Mannor aforesaid c. P. 11. Iac. Rot. 2215 ss Entry of a writ of Accedas ad cur to remove a plaint out of an inferiour Court and a Procedendo awarded for that the damages in the plaint are under 40 ● The Lord the King sent to the Sheriff of Lincoln his Writ closed in these words Iames by the Grace of God c. to the Sheriff of Lincoln greeting We command you that taking with you four discreet and lawfull Knights of your County In your proper person come to the Court of Edward Dymock Knight of his Soak or Mannor of H. and in full Court there cause to be recorded the Plaint which is in the same Court without our Writ between I. c. and W. in a certain Trespasse upon the case to the same I. by the same W. done as is said And have that Record before our Justices at Westm Mense pas under your Seal and the Seals of four lawfull men of the same Court who shall be present at that Record and that you prefix the same day to the parties that then they should be there to proceed in the same Plaint as shall be just and have you the names c. Teste c. because the same Defendant for the favour which the same Plaintiff hath in the same Court cannot have Justice there as it is said Let execution be done upon that Writ if the cause be true and the same Defendant shall desire it or otherwise not And now here at this day to wit at the same Mens pas I. L. Knight Sheriff of the County aforesaid returned that he by vertue of the Writ aforesaid took with him I. D. R. R. I. D. and F. Fenn four discreet and lawfull men of his County in his proper person came to the Court of Edward Dymock aforesaid and in full Court there caused to be recorded the Plaint whereof mention is made in the same Writ And the Record thereof hath before the said Justices here at the same Mens pas under his Seal and the Seal of I. Hart R.S.I.N. and W. Stoke four lawfull men of the same Court who were present at that Record and prefixed the same day to the parties that then they should be here to proceed in the Plaint aforesaid as should be just Horncastle cum Soca ss At the Court of Pleas of Edward Dymock Knight Tenant or Farmer of the Reverend Father in Christ H. Bishop c. held such a day and year c. T. complaineth against W. late of c. of a Plea of Trespasse upon the case Pledges to prosecute Io. D. R.Ro And now here at this day came the same T. by R.O. his Attorney Cause alledged for a Procedendo because the damages exceed not 40 s. and the Common Bench cannot take cog●izance of the plea. and given the Court here to understand and be informed that the Damages to the said T. in that Plaint supposed to be sustained do not amount unto four shillings And for that cause prayeth a Writ of the Lord the King de procedendo in this behalf to be granted him And because the same W. nor any other on the behalf of the said W. came not nor alledged any thing in Court here to the contrary for certain causes the Justices here specially moving and chiefly for that the damages which the same T. supposed himself to have sustained in the said Plaint do not amount to forty shillings in which case it belongeth not to the Court here to hold Plea thereof It is considered that the Stewards and Suitors of his Soak of the Mannor aforesaid may further proceed in the Plaint aforesaid between the parties aforesaid Therefore it is considered that the Steward and Suitors of the Soak of his Mannor aforesaid that they further proceed in the Plaint aforesaid according to the law and custome of his Soak of the Mannor aforesaid the same Writ of the said Lord the King Procedendo aw● ded non obstante c. before therein to the same Sheriff directed notwithstanding And that they exhibit full and speedy justice therein to the parties aforesaid according to the Law and custome of his Soak of the Mannor aforesaid should be to be done c. Allowance H. 3. I. Rot. 220. c. Brownlow Entry of a Writ of allowance for one of the Justices of the Common Bench by reason of his infirmity The Lord the King sent to his faithfull and beloved George Kingesmill Knight one of the Justices of the said Lord the King of the Common Bench his Letters Pattents in these words James by the Grace of God of England Scotland France and Ireland King Defender of the Faith To the Treasurer Chancellor Chamberlain and Barons of our Exchequer And also to our faithfull and beloved George Kingesmill one of our Justices of the Common Bench greeting Know yee that we considering the debility of the body of the said George K. broken with infirmities and old age And also the tediousnesse and prolixity of labour which attendeth the Office of one of the Justices of the Common Bench which he is wont to undergo as in the Letters Patents c. And

Barones of our Realm aforesaid coming to our Parliament and this to you and every of you who are interested therein we notifie witnesse our selves at Westminster c. And it ought to be written upon the back of the said writ as followeth It is inroled in the Bench in the Terme of S. Michael An. Regni R. H. 8. 18. Rot. 2. and ought to be Filed amongst the Records sine die c. See the old Book of entries fo 313. Title Errour in utlawry 20. Ms 31. H. 6. Rot. 309. H. 1. H 7. Rot. 305. A servant of a Knight in the Parliament impleaded in the Bench brought his writ here out of the Chancery testifying it and there upon the Justices Surcease and the servant goeth thereof without day c. Pardon Entry of the allowance of a uenerall pardon gpon an Utlary after judgment wherein it appeareth by the Record that the Pl. is satisfied of his debt and damages P. 3. ● Eliz rot 1131. tiel upon satisfaction given to the Executor after the death of the testator M 22 Jac rot 2781. e. Brownlow for Andrewes against Mason the like but note that the judgment was entred with Waller and the pardon was pleaded with Mr. Brownlow chief Prothonat ry H 44 Eliz. rot 2550. the like but more generall T 19. I. Rot. 1887. Midd. ss It was commanded the sheriff that he should not omit for any liberty of his county but that he should take F. T. late of c. Esq utlawed in London die lun prox pro fest c. Ano. Regni c. 3. at the Suit of F. W. in a Plea of debt wherof he is convicted and him safely c. so that he might have his body here at this day to wit tres Trinitatis c. to do and receive what the Court of the Lord the King here shall consider of him in this behalfe and now here at this day came the same F. T. By F. B. his attorney And saith that after the utlawry aforesaid against him the said Francis in Form aforesaid published and had by a certaine act in Parliament of the said Lord the King now held at Westminster in the county of Midd. 9. of February An. 7. amongst other things it was inacted and established by the authority of the same Parliament that all and singular the subjects of the said Lord the King aswell Spirituall as temporall of this Kingdom of England Walls Jsls of Jernesey and Garnsey and of the towne of Barwick their heires Successors executors administrators of them and every of them And all and singular Corporations or Towns incorporate Cities Burroughs Counties Ridings Hundreds Lath Rape Wapentacks Townes Uillages Hamlets and Tithings and every of them and the Successors of them and every of them by authority of the same Parliament should be acquitted pardoned released and discharged against the same Lord the King his heires and Successors and every of them from all Treasons and Felonies Offences contempts Trespasses entries injuries deceipts c. As in the Act and the same Francis Tunstall saith that the utlawry aforesaid against the same F. in Forme aforesaid published and had is not excepted and foreprised in the Act aforesaid and that he is and at the time of the making of the Act aforesaid long before was a subject and Leige man of the same Lord the King now borne under his obedience to wit at Westminster aforesaid in the said County of Midd. And that he satisfied to the said Francis Waswell for the said debt of 401 l. which the same Francis White in the court of the said Lord the King here recovered against him as of the said 36 s. which to the same Francis White in the same Court of the King here were adjudged for his damages which he had by the occasion of the detayning of the said debt as it appeareth in the Term of S. Hillary An. Rs. nunc 2. Rot 1846. For which said debt and damages the same Francis Tunstal was at the suit of the said Francis White in Form aforesad utlawed and this he is ready to verifie where When and as the Court of the Lord the King here shall consider c. Therefore it is not intended that the Lord the King now will impeach or charge the same Francis Tunstall by occasion of the utlawry aforesaid whereupon he Prayeth judgment and that he may be discharged from the utlawry aforesaid And because by upon inspection of the record of the same Terme of S. Hillary An. 2. abovesaid It sufficiently appeareth to the said justices upon Record that the same Francis White is satisfied of the debt and damages aforesaid Therefore the same generall pardon is allowed to the same Francis Tunstall And the same Francis may goe thereof without day c. P 32. Eliz. Rot. 1131. Scot. Essex Entrey of speciall pardon of an utlawry after satisfaction of the judgment Note Note that the defendant came there by a Cepi Corpus and is committed to the Fleet And then he pleads the pardon and the satisfact on and prayeth that the pardon may be allowed and he set at larg and it was don P 44. Eliz Rot. 1539. H. 19. Eliz. Rot. 424. Tiel H 8. Iac. Rot. Brownlow London ss R. T. utlawed An. 34 Eliz. Whereof he is convicted at the suit of G. At 8. Pardon and release of demands pleaded in the discharge of an Expostat Pur. commeth and pleadeth the pardon de 39. Eliz. and sets forth that the utlawry is not excepted c. And that he is a Subiect c. And that the same Edw. after the utlawry aforesaid against the said R. in Form aforesaid published and had to wit 30. Jan. An. 37. Eliz. released all demands to the Defendant as by the said writing more fully appeareth and th s he is ready to verifie c. vnde non intendit Dom. Rex c. But because it is not knowne whether the writing of the release aforesaid by the same R. above pretended be the deed of the said Edward or not And because it is expedient and necessary that the said Ed. for his interest in this behalfe be premonished before it be further proceeded in to discharg the same R. from the utlawry aforesaid according to the Form of the Act aforesaid the sheriff is commanded that by the honest Sci. fac awarded c. they make known to the said Ed. c. 15 Pas to acknowledg or gainesay the writing of release aforesaid and also to shew if any thing c. wherefore the said Rob. ought not to be discharged from the utlawry aforesaid if c. M 18. Jac. Rot. Brownlow Sussex ss It was commanded the sheriff whereas Walter Covert Knight was summoned to be in the Court of the Lord the King now here to answer Ed Culpeper Knight of a plea wherefore Entry of a writ to make partition and partition made therupon and judgment therein whereas the same Ed. and Walter

of the Rolls of our chancery allowed c. Entry of a writ of attachment of priviledge in the Common Bench for an attorney of the same Bench in debt against 2 severall persons severally M 19 Iac. rot 2948 Brownlow Lincolne ss The Sheriff was commanded that he should attach T B. clerk and L E clerke so that hee should have them here upon Satturday next after the morrow of all Soules to answer R Clarke Gent. one of the Attornyes of the court of the Lord the King of Common Bench here according to the liberties and priviledges c. in a plea of Debt severally And now here at this day came the said Robert in his proper person and offered himselfe against the said T and L in the plea aforesaid and they came not and the sheriff to wit T T Esquire now returneth that he by vertue of the writ aforesaid to him directed tooke the bodies of the same T and L. whose bodyes the same sheriff hath now here ready as by the said writ it was commanded him Cedi corpus returned and because the same sheriff the bodies of the same T and L now here at this day hath not ready therefore the same sheriff to wit the same Tho. T Esquire in mercy c. and he is fined by the Justices here at forty shillings and it is commanded to the same sheriff that he have here upon Wednesday next after 15 san Martini the bodies of the same T and L whom c. to answer to the same Robert in the plea aforesaid and the same sheriff to wit T.T. Esquire now returneth that the said T. and L. are in prison of the Lord the King at his Castle of Lincolne so languishing that he could not have their bodies here at this day without perill of death as by the said writ it was commanded him c. And hereupon in the same Court of the King here on the behalfe of the said Robert it is testified that the same T and L are sound and whole and able to travell therefore it is commanded the same sheriff that he or his under sheriff be here upon Wednesday next after eight dayes of Saint Hillary bringing with him the same T and L whether they be found or infirme to answer to the same Robert in the plea aforesaid and that he omit nothing herein under the penalty of 20 l. which if he shall not do the sheriff shall know he is to loose c. Duces recum awarded under the penalty of 20 l. Procedendo H 35. H. 8. Rot. 318. ss A Procedend awarded in a plea of lands to be removed out of an inferiour Court by Recordare Whereupon the cause aforesaid being seen alleaged by the same B. to remove the Plaintiff aforesaid in the writ aforesaid above specified It seemeth to the justices here that cause to be in sufficient in law to remove the plaint aforesaid out of the Court of the said Elizabeth B. nor but that the Bayliff of the said E. B of her mannor of B. with the Soke aforesaid in the court of the same E. B. and upon the plaint aforesaid ought to proceed c. Therefore it is considered that the said Brian notwithstanding the said Writ to the said sheriff to Record and remove the plaint aforesaid before directed he may proceed in the plaint aforesaid with effect And to the parties aforesaid exhibit full and speedy justice therein according to the Law and Custome of the Lord the King of England and the Court aforesaid c. M 8. H. 4. Rot. 114. Procedendo Rege inconsulto In a Sci. Fac. the Tenant pleads an attaint of the predecessor of the demandant by act of Parliament that the Tenements of the demandant came to the Kings hands and prayeth judgment si Rege in consulto c. And the King sent his writ de procedendo therein directed to the Justices that the Tenant plead de novo with the demandant c. H 13. Jac. Rot. Brownlow London ss A Procedendo after much debate granted upon a speciall return made upon a Hab. cor upon the custom of London concerning Prentices their ages and their Indentures between them and their Masters Indenture void if the Prentice be not of the age of fourteen years when he was bound An Habeas Corpus upon the privileges in the Bench for Martin Slater was directed to the Mayor Aldermen and sheriffs of London retornable immediatly before Henry Hobert Knight and Baron Cheife Justice c. Test 28. Nov. 13. Iac. by H. Hobert Execution c. ss London ss we I. Kt. Mayor of the said City of London and of the same City Aldermen and W. I. and I. G sheriffs of London to H. H. Knight and Baronet Chief Justice of the Lord the King now of the common Bench at this time in the precincts of great S. Bartholomew London do certifie that c. Prohibition BE it remembred that the 20. day of November the same Terme came here into the Court I. L. in his owne person and gave the Court here to understand Prohibition to the Court of Stanneries in the County of Cornw for holding plea of maters which contcern the Stanneries Suggestion That whereas by the lawes statutes of the Realme of the Lord the King of England it is provided that Keeper of the stanuaries of the Lord the King and of the court of the Stannaries within the counties of Devon and Cornewall or Keeper or Keepers of his place for the time being may not nor shall not hold pleas before him in the Court of Stannaries aforesaid unlesse arising between the Stannators whilst they work in the stannaries and between them and other Forreigners of any trespasses plaints or contracts made within the places wherein they work within the Stannaries neverthelesse certaine I. C. Gent. Administrator of the Goods and Chattles which were of I. C. his Father not being a Tinner in any of the stannaries aforesaid not ignorant of the premisses but indeavouring and intending very much to vex and disturb the same I against the lawes of the Realm of the Lord the King of England In the stannary court of the Lord the King of F in the said county of C before the Substeward of the Stannary Court aforesaid or deputy or Keeper of his place in the Court aforesaid or any of them in a certaine plea of Account by plaint by the said I. C. the same against the said L. in the same Court levyed upon supposall that the said L. was receivour of the monies of the said I. C. the Father and to have received of the monies of the said I.C. the Father in his life time 20 l. of one I. M to render an account thereof to the said I. C. drew into plea And the same L. to appeare in the said Stannery Court of F. aforesaid by occasion of the premisses and to answer the said C. of and upon the premisses

the said writ of Exigent and the said Record from whence the said Writ issued and which ought to warrant that writ in this That in the said Record the said Francis is named F. C. of Lynfield And in the said Writ of Exigi fac he is named F. C. of Lymfeild and so there is variance betweene the Record and Writ aforesaid whereupon he prayeth judgment and that he may be discharged from the utlawry aforesaid Whereupon the writ and record aforesaid being seene and by the Justices here fully understood it sufficiently appeareth to the justices here That the allegation of the said F. in discharge of the utlawry aforesaid is true Therefore it is considered that the said F. be discharged from the utlawry aforesaid And for that occasion shall not de molested or in any thing grieved but goe thereof without day c. M 6. Jac. rot 924. And now here at this day came the said A. by W. K. his Attorney and prayeth the hearing of the writ of Exigi Fac. whereupon the said A. at the suite of the said G. is utlawed Utlary reversed for that the Capias whereupon the Exigent issued was awarded after a yeare and a day without a Sci fac to revive the judgment And it is read unto him in these words James c. which being read and heard the same attorney on the behalfe of the said A. saith That the same A ought not to be charged with the utlawry aforesaid because he saith that the judgment whereupon the same A. was convicted was given in Mich. Term An. Rs. 3. that is say by one yeare three Moneths and more before the proclamation of the said Writ of Capias ad satisf whereof mention is made in the said Writ of Exigent whereupon the said writ of Exigent issued In which case the same G. Execution upon that judgement ought not then to prosecute unlesse he had prosecuted before out of this Court a writ of the Lord the King of Scire Facias to premonish the said A. of being here in Court to shew wherefore the said E. ought not to have execution against him according to the Form of the Recovery if to him it had seemed Expedient And so the said Writ of Capias for execution of the judgment aforesaid in Forme aforesaid prosecuted And the said writ of Exigent thereupon issuing was erroniously prosecuted and for that cause prayeth that the utlawry aforesaid may be adnulled c. whereupon aswell the Record of the judgment aforesaid as the record of the adjudging of the said Writ of Exigi Fac. whereupon the said writ of Capias ad satisfaciendum in the same record recited by the Court here being seen and fully understood It is found that the allegation of the said A. is true Utlary reversed for omission of the word Quinte in the 5. Exact and for that the last County was held upon Sunday Therefore it is considered c. and that the utlawry be reversed M 4. Jac. Rot. 306. Which being read and heard the said A. saith that he ought not to be charged with the utlawry aforesaid because he saith that by the returne aforesaid it doth not appeare That the same A. at the said County of South held at the Castle of Winch. the same eight day of September An. 8. abovesaid was called and so the same A. was not the fift time called as by the law of the Land he ought to have been And also for that the 6. day of October whereupon the last County was held was Sonday in which case according to the Law of this Realme of England the County ought to be held And so the utlavvry aforesaid against the same A. in Forme aforesaid published and had is altogether void And judgement that it be reversed The like reversall in Mich. 44 45. Eliz. rot 1909. Utlary reversed for that the day of the 5 Exact was before the Test of the Exigent T 13. Iac. Rot. 3617. Brownlow Which being read and heard the same Robert saith that he is injured c because he saith that it is vicious to vvit in that that it appeareth That the said first day of March An. Sup. upon vvhich day the said Robert vvas quinto Exactus vvas longe before the issuing forth of the said Writ of Exigent And for that cause and others in the returne aforesaid being prayeth judgment that the utlavvry aforesaid may be reversed c. vvhereupon c. And it vvas reversed c. Int. Smith and Wingham M. 10. Iac Rot. 3398. the like Cook against Tompson Primo Exact held after the return of the Exigent M 10. Iac. Rot. 1708. Brownlow Bradbury adv Allen Exigi Fac. retornable Tres Trin. T. 24. Ia. 8. I. The first County vvas held 7. Feb. 9. Ia And because it appeareth by the returne aforesaid That the first county vvhereat the said E. vvas first called vvas held after the retorne of the said Writ of Exigent and for that cause c. Vtlary reversed for omission of the word Scotie out of the stile of the Writ T 13. Iac Rot. 3527. Brownlow Hearing of the Writ of Exigi fac is prayed vhich being read c. the said Writ is vicious to vvit in this that this vvord Scotiae is omitted in the beginning of the said vvrit And for that cause and others being in the said Writ he prayeth judgment c And the utlavvry is reversed betvveen Walker and Vaughan H 12. Iac. Rot. 2265. Brownlow Utlavvry reversed for not naming the names of the Coroners particularly at the end of the retorne of the Exigent Vtlary reversed for default of the Coroners names and hereupon the same I. prayeth hearing of the return of the vvrit de Exigi Fac And it is read to him in these vvords At my County held c. untill Therefore by the judgment of the Coroners of the county aforesaid he is utlavved vvhich being read and heard onerari non because he saith that in the record aforesaid no mention is made of the name of any Coroner vvho gave judgment upon that Writ or should vvarrant the judgment And for that cause the returne aforesaid is insufficient in lavv in t Lavel and others at the suit of Godolph see Harper fo 19 a by Justice Browne If the sheriff retorne upon the Exigent the quinto Exact et non Compe Ideo ut lagat est It is a good return Although he retorne not the judgment of the Coroners for it is comprised in these words Ideo ipse utlagat est H 12 Jac. rot 1949. Brownlow Utlar Waviar reversed for the same defect Reversall for omitting the Coroners Names which being read c. the same Martha and Anthony say that they are wronged in this behalfe and that the same M of the Waiver aforesaid or the said Anthony with the Outlawry aforesayd ought not by the Law of the Land to be charged because they say that the return aforesaid is vicious and