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mercy_n let_v lord_n name_n 9,327 5 5.7485 4 true
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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

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Henr 6. Fitzh processe 72. The great question was whether the plaintiff should have such a Scire facias against the sheriff or a writ of Detinue but it was not adjudged but by the consent of the parties the dem●urrer was waived and issue taken Note that in the very case there was a non suit at Surrey Assizes upon issue taken upon the avowry for damage feasant and such issue is not expressed in the writ for which the writ is not good Quaere tamen Note where the pledges were sufficient at the time of the taking c. and afterwards in the Terme it was tried at the bar and found for the Defendant notwithstanding that the plaintiff gave in evidence that one of the pledges was insufficient because he should have replyed that I.S. one of the pledges was not sufficient at the time of the taking c. Iac. rot 2752. It is thus contained Surr. ss It was commanded the Sheriff whereas Edmund Travers was summoned to be in the Court of the Lord the King now before his Iustices here to wit at Westminster to answer Rich. Ray of a plea wherefore he the thirtieth day of August Anno of the Lord the King now of England the nineteenth at Deptford in a certain place there called H. took the cattell to wit three Geldings four Oxen five Cowes seventy sheepe and one Calfe of the same R. and them unjustly detained against sureties and pledges c. of which said taking and unjust detaining of the cattel aforesaid the same Richard Raye another time to wit the one and thirtieth day of August Anno 19. abovesaid without our writ levied a certain plaint against the same Edmond Travers before R. M. Knight late Sheriff of the county of Surrey in his County Court then held at Guildford in the same County of Surrey and then and there in the same County Court aforesaid found to the then sheriff of the sayd County of Surrey Pledges as well to prosecute his plaint as for the Return of the cattell aforesaid to the same Edmund or the price of them if returne of them should be adjudged to the said Edmund to wit certain R.R. and R.K. upon which said pledges the same then sheriff of Surry afterwards to wit then at the petition of the said R.R. the cattell aforesaid according to the Law and Custome of the Realm of the Lord the King of England to the same Richard Raye caused to be replevied the Record of which said plaint afterwards by Writ of the said Lord the King to the sheriff of the sayd County of Surrey in due manner sent here to wit at Westminster aforesaid was had and the same R. Ray afterwards in the same Court of the Lord the King here being solemnly called came not but made Default by which afterwards to wit in Michaelmas Terme Anno 19. abovesaid in the same Court of the Lord the King here it was considered that the same Richard Ray and his pledges to prosecute should be thereof in mercy let the names of the pledges be enquired of and that the same Ed. Travers should go thereof without day c. And that he should have Return of the Cattell aforesaid whereupon by writ of the said Lord the King it was commanded to the late sheriff of Surrey that he should without delay make returne of the cattell aforesaid to the said Edmond Travers and should not deliver them at the complaint of the sayd Richard Ray without the writ of the said Lord the King which should make expresse mention of the said judgment and in as much as that precept of the Lord the King should be executed he should make to appear to the Justices of the Lord the King here to wit at Westminster in Cro. sancti Trinitatis Anno Regis nunc 20 And the same late sheriff of Surrey to the Justices of the said Lord the King here to wit at Westminster aforesaid at that day returned that before the coming of the said writ to him therein directed the cattell aforesaid were eloyned by the same R. Raye to places to him unknown so that hee could not make returne of the cattell aforesaid to the said Edmund Travers as by the said writ to him it was commanded c. whereupon it was commanded to the same Sheriff of Surrey that of other cattell of the said R. Ray to the value of the cattell aforesaid first taken hee should take in Withernam and should deliver them to the said Edmund Travers to keep to him untill he could cause to be returned to the said Edmund Travers the cattell before taken and that he should put by sureties and safe pledges the same R. Ray that he should be before the Iustices of the said Lord the King here to wit at Westminster Tres Trin. then next following to answer as well the said Lord the King for the contempt as to the said Edmund Travers for the damages and injuries to him in this behalfe done and the said sheriff of Surrey to the same Iustices of the Lord the King at Westminster at that day returned that the same R. Ray had no goods nor chattells in his Bayliwick which he could take in Withernam nor had any thing in his bayliwick by which he m ght be attached according to the Exigency of that writ as by the Record and proceedings therein in the same Court of the Lord the King here remaining manifestly appeareth whereupon the sayd Lord the King to the same then sheriff by another writ of his had commanded that by honest c. he should make known to the same R. R. and R. K. his pledges that they should be here at this day to wit in Cro. Animarum then next following to shew if any thing c. wherefore the cattell aforesaid ought not to be delivered to the same Edmund Travers for the same cattell of the same Richard Raye by the same Edmund Travers so before taken and now by him eloyned as they as aforesaid became pledges And now here at this day came the said Edmund Travers by Henry Millet his Attorney and offered himselfe the fourth day against the same R.R. and R. K. pledges in the plea aforesaid and they being solemnly called came not and the sheriff now returneth that they have nothing c. nor are found c. And whereupon the same Edmund Travers of having the Return of the cattell aforesaid hath been a long time delayed wherefore he supplicateth to the said Lord the King to exhibit Iustice to him and that the statutes of the Lord the King of his Kingdom made for the bettering of the same may remain stable the K●ng will for the benefit of his Leige people by speediest remedies consonant to the same Statutes be assistant The sheriff is commanded that by honest c. he make known to the said R. M. late sheriff of the same County of Surrey who took the pledges aforesaid in form aforesaid that he should be here at this day A
that they should have his body here at this day to wit 15. Pas to do and receive what the Court of the Lord the King here shall consider of him in that behalf and now here at this day cometh the said Henry by W. C his attorney and sayeth that after the utlawry aforesaid against the said Henry had and published by a certain Act in Parliament of the said Lord the King now by continuance held at Westminster in the county of Midd. the 9 th day of Febru in the seventh yeare of the Lord the King now amongst other things it is inacted established by authory of the same Parliament that all and singular subjects of the said Lord the King aswell spirituall as temporall of this kingdom of England Wales the Islands of I. and G. and the Towne of Barwick the heires successors executors and administrators Pardon pleaded of them and every of them and all and singular corporations in any wise incorporated Cities Borroughs Counties Rideings c. and every of them And the Successor and Successors of them and every of them by the authority of the same Parliament should be acquitted pardoned released and discharged against the said Lord the King his heires and successors and every of them of all Treasons Felonyes offences contempts Trespasses entries injuries deceipts misdemeanors penalties Summes of monies Punnishment by death corporall punishments and pecuniary and generally from all other things causes compl●ints suits judgments and Executions in the statute aforesaid not excepted nor Foreprised which by the said Lord the King by any meanes or in any other manner could be pardoned before and untill the 9. day of November then last past before the making of the said Act to every or any of his subjects Corporations incorporat Cities Burroughs c. or any of them yet so notwithstanding that every person utlawed shall prosecute his writ of Scire Facias against such party or parties at his or at whose Suit he or they were utlawed before the pardon in such case be allowed to the party utlawed as in the same Act is more fully contayned and the said Henry further saith that the utlawry aforesaid is not excepted nor Foreprised in the same statute Averment that the Utlary is not Averment that he is a Subject and that he is and at the time of the making of the said Act and long before was a subject and leige man of the said Lord the King now born under his obedience to wit at London in the parish c. and this he is ready to verifie where when and how the Court of the Lord the King now shall consider thereof whereupon it is not intended that the said Lord the King will impeach the said Henry by occasion of the utlawry aforesaid whereupon he prayeth judgment that he may be discharged from the said utlawry and because it is expedient and there is a necessity that the same Griffin should be premonished for his interest in this behalfe before the discharging of the same Henry from the utlawry aforesaid be further proceeded in according to the Form of the staute aforesaid The sheriffs are commanded that by honest c. they make knowne to the same G. that he be here in Cr. Ascen Dom. to prosecute against the same Henry his plea aforesaid if c. at which day came the same Henry by his attorney aforesaid and the sheriffs Sci fac awarded Sheriffs returne Sci fac Mercy to wit E. R. and A. P. now retorne that they by vertue of the writ aforesaid to them directed by I. W. and R. G. honest c. made knowne to the same G. of being here to this day to prosecute in Form aforesaid he the fourth day of the plea being solemnly called came not nor any whit further prosecute his said Writ therefore he and his pledges are thereof in mercy let the names of the pledges be inquired of And that the said Henry goe thereof without day Generall Pardon allowed c. and that the generall pardon aforesaid be allowed him c. Count in debt upon a Sci fac upon the generall pardon PAsch 12. Iac. Rot. Brownelow retorn Mense Pas to follow in Form aforesaid c. and now here at this day to wit Mens Pas came aswell the said William by his attorny aforesaid as the said Tho. by R. D. his a torny and the sheriffs as before now retorneth here that he hath nothing c. nor is to be found c. And hereupon the same Tho. declaring against the said Will upon his originall writ in the plea aforesaid said that the said W. had not rendred to the said T. 20 l. which to him he oweth and unjustly detayneth c. for that to wit that whereas the said W. the 20. day of Octo. An. c 3. at London in the parish and ward aforesaid by this certaine writing obligatory granted c. M 1. and 2. Eliz. Rot 1248 in a Scire facias against B. and A. upon a Recognizance one of the defendants is alleaged to be dead and one other processe against him and the others prayeth imparlance ss THe sheriff was commanded whereas R. C. and I. his wife in the Court of the King here had recovered against I. H Sci fac against a Tenant by Elegit and part of the monie levied the Tenant against whom the execution was brings the residue and a redelivery awarded 68 s. for their damages which they had by occasion of the detaining of the dower of the same I. of the Tenements in N. of the indowment of I Son of I. H. her late husband as by a certaine Jury of the country before the Justices of the King assigned to take the assize in the county aforesaid such a day and yeare at Wigo thereof between them Summoned and taken was convicted and the same R and I. came afterwards into the court of the Lord the King here and chose to be delivered to them all the goods and Chattles of the said I. H. besides the Oxen and Cattles of the Plough and likewise the moyety of all his lands and Tenements in his Bayliwick to hold as their free Tenements to them and their assignes accor to the Form of the statute in such case provided untill 68 s. for the damages aforesaid should be thereof levyed whereupon the King commanded them that al the goods and chattles of the said I. H. besides his oxen Cattle of the Plough and likewise the moyety of his lands and Tenements in your Bayliwick without delay you cause to be delivered to the same R. and C. by the resonable price and extent to hold to them and their assignes as their Free Tenement in Forme aforesaid untill 68 s. for their damages aforesaid should be thereof Levyed and in what sort Elegit awarded Return of the Elegit c. should be made Known here such a day c. the same sheriff to the justices of the King