against admini

and before writ

of enquiry executed.

faid certificate is to the tenor and effect following: [Set forth the certificate verbatim] all and fingular which matters and things the faid T. J. and J. J. are ready to prove as the court here, &c.; and that the faid bond for the faid two hundred and twenty-three pounds is such a debt as in the faid act fo made in the reign of king Henry the Eighth as aforefaid is mentioned, and that this court of exchequer is one of the courts fpecified and alluded to in the faid act, and that the faid matter fo by them alledged, pleaded, declared, and fhewn as aforefaid, is good and fufficient cause and matter in reafon or good confeience why his faid majesty ought not to have execution against them for the said sum of two hundred and twenty-three pounds in the faid writ of feire facias mentioned, or any part thereof, or why they ought to be discharged of the faid debt, with this alfo, that they the faid T. J. and J. J. will certify that the faid two thousand two hundred and twelve pounds of pepper in the faid condition of the faid bond mentioned, and the faid two thousand two hundred and twelve pounds of pepper mentioned in the aforefaid certificate are the fame identical goods, and not other or different, wherefore the faid T. J. and J. J. pray judgment, and that the said bond may be cancelled and discharged, and that the fame may be delivered to them for their discharge in that behalf, and that as to the premises they may be difmiffed the court here, &c. V.LAWES.

Scire facias to GEORGE the Second, by the Grace of God, &c. to the revive judgment theriff of Yorkshire, greeting: Whereas Eleanor Garton, lately in strator of defen- our court before our justices of the bench at Westminster, to wit, dant, who ied in Hilary term laft paft, impleaded David Shew, late of, &c. in after judgment your county, grocer, in our faid court of the bench at Westminfigned and en- fter, in a certain plea of trespass on the case; for that whereas, &c. quiry awarded, (recite the declaration) and thereupon fhe brought fuit, &c. and fuch proceedings were thereupon had in our faid court of the bench at Westminster aforesaid in the said plea, that the faid Eleanor ought to recover her damages by her fuftained by reason of the non-performance of the feveral promifes and undertakings aforefaid; but because it was not known to our faid court of the bench aforefaid what damages the fame Eleanor had fuftained by reafon of the premises aforefaid, therefore we command you, that by the oath of twelve good and lawful men of your bailiwick you should diligently enquire what damages the faid Eleanor had fuftained as well by reafon of the not performing of the feveral promifes and undertakings aforefaid, as for her coits and charges by her about her fuit in this behalf expended, and the inquifition which you fhould make should certify to our juftices at Westminster in fifteen days from the day of Eafter now latt paft, under your feal and the feals of thofe by whofe oath you thould have taken that inquifition, together with that writ, and the fame day was given to the faid E. there, as by the record and proceedings thereof in our faid

court

court of the bench aforefaidat Westminster aforefaid remaining, ma. nifeftly appears: And whereas before the faid fifteen days from the day of Eafter aforefaid, and after the iffuing of the faid writ against the faid David at the Caftle of York, in the county aforefaid, died inteftate, and the enquiry of the damages aforefaid yet remained to be made, and one Mary Shew, widow, as adminiftratrix of all and fingular the goods and chattels which belonged to the faid D. at the time of his death, as we, by the fuggeftion of the faid E. in our faid court of the bench understood; and because we are willing that these things which are lawfully tranfacted in our court of the bench fhould be carried into due execution, we command you, that by good and lawful men of your bailiwick you give notice to the faid Mary Shew that the be before our juftices at Weftminster on the morrow of the Holy Trinity, to thew if the hath or can fay any thing for herfelf why the damages aforefaid in the action aforesaid ought not to be affeffed, and by the said E. reco vered, according to the form of the ftatute in fuch cafe made and provided, if the fhall think fit, and have there the names of those by whom you fhall give her notice and this writ. Witness, &c.

George the Second, &c. to the fheriff of Yorkshire, greeting: Writ of enquiry Whereas Eleanor Garton, lately in our court before our juftices of on the last feire the bench at Westminster, to wit, in Hilary term laft paft, im-facias. pleaded David Shew, late of, &c. grocer, in our faid court of the bench at Weftminster, in a certain plea of trefpafs on the cafe; for that whereas, &c. [recite the whole declaration]; and fuch proceedings were thereupon had in our fame court of the bench aforefaid at Westminster aforesaid, in the said plea, that the faid Eleanor ought to recover her damages by her fuftained by reason of the not performing of the feveral promifes and undertakings aforefaid, but because it was not known to our faid court what damages the fame Eleanor had fuftained by reafon of the promises aforefaid, therefore we commanded you, by the oath of twelve good and lawful men of your bailiwick, that you should diligently enquire what damages the faid E. had fuftained, as well by reafon of the not performing of the feveral promifes and undertakings aforefaid, as for her cofts and charges by her about her suit in that behalf expended, and the inquifition which you fhould make thereupon you fhould certify to our juftices at Westminster in fifteen days from the day of Eafter now last past, under your feal and the seals of those by whofe oaths you should have taken that inquifion, together with that writ, and the fame day was given to the faid E. there, as by the record and proceedings thereof in our faid court of the bench aforefaid, at Weftminster aforefaid remaining, manifeftly appears: And whereas on the part of the faid E. it has fince been thewn to us in our court of the bench aforefaid, at Westminster aforefaid, that after the award of the faid writ of enquiry and damages, and before the faid fifteen days from, &c. the faid David, at, &c. died inteftate, and the inquifition of the damages aforefaid then remained to be made, and that one Mary Shew, widow

was

Declaration on a

zainft the bail on

their recogni

zance.

was adminiftratrix of all and fingular the goods and chattels, rights and credits which belonged to the faid D. at the time of his death, and it has been fince confidered by our faid juftices of the bench at Westminster, by virtue of our writ of feire facias fued out of our faid court of the bench aforefaid by the faid E. of and upon the promifes, according to and by force of the ftatute in, &c. that the damages aforefaid, in the county aforefaid, fhould be affeffed, and by the faid E. recovered according to the form of, &c. by the default of the faid M. T. as also appears to us of record; therefore we command you, that by the oath of twelve honest and lawful men of your bailiwick, you diligently enquire what damages the faid E. hath fuftained as well by reafon of the not performing the feveral promises and undertakings aforefaid, as for her cofts and charges by her, &c. and the inquifition which you should make thereon do you certify to our juftices at, &c. on, &c. under your feal and the feals of, &c. together with this writ. Witnefs, &c.

GEORGE the Third, by the Grace of God, of Great feire facias a Britain, France, and Ireland, king, defender of the faith, &c. to the fheriff of Middlefex, greeting: Whereas B. F. heretofore, to wit, in Hilary term, in the feventeenth year of our reign, impleaded P. M. in our court before us (the faid court then being held at Westminster, in the county of Middlefex) by bill in a plea of trespass on the cafe on promifes to the faid B. F. his damage of ninety pounds of and for the not performing certain promifes and undertakings then lately made by the faid P. M. to the faid B. F.; and alfo heretofore, to wit, on, &c. in Michaelmas term, in the eighteenth year of our reign, L. M. C. of, &c. in the parifh of, &c. in the county of Middlefex, victualler, and J. D. of, &c. in, &c. ftarchmaker, came into our faid court before us at Weftminfter aforefaid, and became pledges and manucaptors in their own proper perfons, and each of them by himfelf became pledge and manucaptor for the faid P. M. that if it should happen that the faid P. M. fhould be convicted in the plea aforefaid, then they the faid manucaptor granted, and each of them for himself did grant that all fuch damages as fhould be adjudged to the faid B. F. in that behalf, should be made of their and each of their lands and chattels, to be levied to the ufe of the faid B. F. if it should happen that the faid P. M. fhould not pay the faid damages to the faid B. F. or render himself to the marshal of our prifon of the Marfhalfea before us: And whereas fuch proceedings were had in the plea aforefaid in our faid court before us at Westminster aforesaid, that afterwards, to wit, in Hilary term, in the eighteenth year aforesaid, the faid B. F. by the confideration and judgment of our fand court before us at Weitminfter aforefaid, recovered against the said P.M. fifty five pounds for his damages which he had fuftained as well on occafion of the not performing the aforefaid promifes and undertakings for his colts and charges by him laid out about his fuit in that behalf, whereof the faid P. M. is convicted, as appears to us of re

cord:

cord: And whereas execution of the judgment aforesaid remaining to be made, and the faid P. M. not having paid the faid B. F. the faid damages, nor rendered himself on that occafion to the faid prifon of our Marthalfea before us as we were given to understand from the information of the faid B. F. in our faid court before us, as it was afterwards, to wit, in Trinity term, in the eighteenth year aforefaid, upon and by virtue of our writ of feire facias fued by the faid B. F. out of our faid court before us at Westminster aforefaid of and concerning the premises aforefaid confidered by our faid court before us, that the faid B. F. fhould have his execution for the damages, cofts, and charges aforefaid, according to the force, form, and effect of the faid recognizance by the default of the faid L. M. C. and J.D. whereof the faid L. M. C. and J.D. were convicted, as appears to us of record, and now on the part and behalf of the faid B, F. we have been given to understand in our faid court before us at Westminster aforefaid, that although judgment hath been thereupon given in our faid court for the faid B. F. in form aforefaid, yet execution for the damages, cofts, and charges aforefaid ftill remain to be made to the faid B. F. where→ fore he hath humbly befought us to provide him a proper remedy in that behalf, and we being willing that thofe things which are rightly done and tranfacted in our faid court before us be carried into due execution, do command you, that by honeft and lawful men of your bailiwick you cause it to be made known to the faid L. M. C. and J. D. that they be before us on, &c. next after, &c. to fhew if they have or know, or if either of them hath or knoweth any thing to say for themfelves or himfelf why the faid B. F. ought not to have his execution for the damages, cofts, and charges aforefaid against them and each of them, according to the force, form, and effect of the faid recovery againft them in that behalf, if it fhall feem expedient for them fo to do, and further to do and receive what our faid court before us fhall then and there confider of them in this behalf, and that you have there the names of those by whom you thall fo make it known to them, and this writ. Witnefs William earl of Mansfield at Weltminster, the twentieth day of April, in the twentieth year of our reign.

V. LAWES.

in C. P.

MIDDLESEX, to wit. It was commanded to the fheriff of Declaration on a Middlefex, whereas Margaret Corner lately, to wit, in Michael-feire facias amas term, in the twenty-fixth year of the reign of our lord the gainst executors now king, before Alexander lord Loughborough and his companions, then our lord the king's justices of the bench at Westminfter, by the confideration of the fame court recovered against William Dick, late of, &c. fifty-eight pounds, which to the faid plaintiff in the fame court were adjudged for her damages which the had fuftained by occafion of the not performing certain promises and undertakings made by the faid W. D. to the faid plaintiff at Westminster aforefaid, and of her cofts and charges by her

about

Declaration up.

about her fuit in that behalf expended (whereof the faid William is convicted) as by the record and proceedings thereof remaining in the faid court manifeftly appears; yet execution of the faid judgment ftill remains to be made, and the faid W. D. is fince dead, having firft duly made his laft will and teftament, and appointed A. B. and C. D. executors thereof) that by good and lawful men of his bailiwick he should make known to the faid defendants that they should be before our faid lord the king's justices at Westminster on, &c. now laft paft, to fhew caufe if any thing they had or knew to fay for themselves why the faid plaintiff ought not to have her execution against them as fuch executors as aforefaid, for the damages aforefaid to be levied of the goods and chattels which were of the faid W. D. at the time of his death in their hands to be adminiftered, according to the form of the faid recovery if it should feem expedient for them fo to do, at which day the faid theriff, to wit, J. F. and M. B. efquire, returned on the faid writ to the faid juftices at Weftminster, that by T. H. and C. O. good and lawful men of his bailiwick, he had given notice to the faid defendants in the faid writ named executors of the faid W. D. deccafed, to appear before his majesty's juftices at the day and place in the faid writ mentioned, to fhew caufe as by that writ they were required, and as he was in the faid writ commanded; and thereupon the faid plaintiff offered herself on the fourth day againft them the faid defendants, executors as aforefid, who thereupon at that day, on being folemnly called, came by W. H. their attorney, and thereupon the faid plaintiff prays that execution may be adjudged to her the faid plaintiff against the faid defendants, as fuch executors as atorefaid, for the damages aforefaid to be levied of the goods and chattels which were of the faid W. D. at the time of his death in their hands to be administered, according to the form of the faid recognizance.

V. LAWES.

MIDDLESEX, to wit. Our lord the king to his sheriff of on a fcire facias Middlefex his writ clofed in these words, to wit: George the to revive judg- Third, &c. &c. [Copy the feire facias to revive judgment, with it in K. B. the tefte verbatim]; at which day, before our lord the king at Weftminfter, came the faid plaintiff in his proper perfon and the sheriffs, to wit, A B. efquire and C. D. efquire, theriffs of the said county, returned to our faid lord the king on the faid writ, that by J. Á. and J. S. good and lawful men of his bailiwick, he had given notice to the within-named defendant to appear before the king at the day and place in the faid writ mentioned, to fhew caufe as by the faid writ he was required, as he the faid fheriff was in the faid writ commanded, the fame day was given to the faid plaintiff there, &c.; at which day, before our faid lord the king at Westminster, came the faid defendant by A. B. his attorney, and thereupon the faid plaintiff prays that execution may be adjudged to him of the debt

and