coke a dr drury case pasch James rot in the common plea heretofore as it  appear in the term of the holy Trinity in the seven year of the reign of the  lord the now king of England c and of Scotland the fortysecond in the roll it  be contain thus Surrey sacred scripture it be command to the sheriff that  whereas of the grievous complaint of owyn bray of Cobham in the county  aforesaid gentle to the lord the king grievous complain it be show that  whereas John Drury doctor of law in the court of the lord the king of the  bench here that be to say in the term of saint Michael in the five year of the  reign of the say lord the now king of England before the justice of the say  lord the king of the bench aforesaid here that be to say at Westminster by  judgement of the say court have recover against the say owyn as well a certain  debt of two hundred pound as thirtythree shilling and fourpence which to the  say John in the court aforesaid of the say lord the king here be adjudge for  his damage which he have by occasion of the detain of the say debt whereof he  be convict and whereas also the say owyn for that he do not come into the say  court of the lord the king here to satisfy the aforesaid John of the debt and  damage aforesaid be put in exigent in the county of the say lord the king of  Sussex to be outlaw and on that occasion afterward that be to say on the  nineteenth day of may in the six year of the reign of the lord the now king be  outlaw and notwithstanding the say owyn in execution for the debt and damage  aforesaid by virtue of a certain writ of the say lord the king of capias  utlagatum thereof to the late sheriff of the aforesaid county of Surrey by  Herbert Morley Esq then sheriff of the aforesaid county of Surrey at the suit  of the say John be take and imprison and after he be so take and imprison be  by the say sheriff out of coke b the same prison at large where he will free  and voluntary suffer to go and from the execution aforesaid be deliver as the  say owyn by way and mean convenient be ready to show yet the aforesaid John  sue forth execution of the debt and damage aforesaid against he the say owyn  by reason of the recovery aforesaid and endeavour and threaten coke report a  er p unjust he the say owyn to be take and imprison to his no small damage and  grievance whereupon he have beseech the lord the king of a proper remedy for  he to be provide the say lord the king Willing what be just to be do to the  say owyn in this behalf have command to the justice here that the complaint of  the say owyn in this behalf be hear and call before they the party aforesaid  and other which in this behalf they shall see fit to be call and their reason  thereof here be hear to the say owyn full and speedy justice they shall cause  to be do in this behalf which of right and accord to the law and custom of the  kingdom of thelord the king of England shall be do and that they cause to come  here at this day that be to say from the holy Trinity in fifteen day the  aforesaid John to answer of and upon the premise and further to do and receive  what the court of the say lord the king here shall consider in that behalf and  now here at this day come as well the aforesaid owyn by Otho gay his attorney  as the aforesaid John by John nigh his attorney and upon this the say owyn say  that whereas the aforesaid John in the court the say lord the now king here  that be to say in the term of saint Michael in the five year of the reign of  the say lord the now king of England c before Edward coke knight and his  companion then justice of the say lord the king of the same bench here that be  to say at Westminster by the consideration of the say court recover against  the say owyn as well the aforesaid debt of two hundred pound as the aforesaid  thirtythree shilling and fourpence which to the say John in the same court of  the say lord the king here be adjudge for his damage which he have by occasion  of detain the same debt whereof he be convict and whereas also the say owyn  for that he do not come into the same court of the say lord the king here to  satisfy the say John of his debt and damage he be put in exigent in the  aforesaid county of Sussex to be outlaw and on that occasion afterward that be  to say on the nine day of may in the six year of the reign of the lord the now  king be outlaw upon the say outlawry the aforesaid John Drury afterward that  be to say in the term of the holy Trinity in the six year of the reign of the  lord the now king abovesaid sue forth out of the court of the lord the king of  the bench here a certain writ of the say lord the king of capias utlagatum  against he the say owyn then to the coke a sheriff of the aforesaid county of  S direct by which writ the say lord the king then command the say sheriff of S  that he shall not omit for any liberty within his county but that be take the  say owyn outlaw in the say county of Sussex the say that day of may in the six  year of the reign of the say lord the now king abovesaid at the suit of John  Drury of the plea of debt whereof he be convict c and he safe to keep c so  that he shall have his body before the justice of the say lord the king here  on the morrow of all soul then next come to do and receive what the court of  the say lord the king thereof shall consider in that behalf by virtue of which  writ the say owyn afterward that be to say on the seven day of October in the  six year aforesaid at Guildford in the aforesaid county of Surre by the  aforesaid Robert Morley then be sheriff of the aforesaid county of Surre be  take and imprison and after he be so take and imprison the say owyn by the say  sheriff the same day and year c at Guildford aforesaid out of that prison at  large where he will free and voluntary to go be suffer and from the execution  aforesaid be deliver and this he be ready to verify whereupon he pray  judgement and that the aforesaid John from have his execution aforesaid by  colour of the judgement aforesaid may be bar and that the say owyn thereof be  discharge c and the aforesaid John pray licence thereof to imparl here until  in eight day of saint Michael c and have it c and the same day be give to the  aforesaid owyn here c at which day the plea aforesaid be adjourn by writ of  the lord the king of common adjournment here until from the day of saint  Michael in one month then next follow at which day here come as well the say  owyn as the say John by their atorneys aforesaid and upon this far pray  licence thereof to imparl here c until from easter day in fifteen day and have  it c and the same day be give to the say owyn here c at which day of fifteen  day of easter come as well the aforesaid owyn as the aforesaid John by their  atorneys aforesaid and upon this the say owyn pray that the aforesaid John to  his writ and declaration aforesaid may answer and the say John coke report b  er p Drury say that he for any thing before allege from have execution of his  debt and damage against he the say owyn ought not to be bar or delay because  be say that after the aforesaid time when it be suppose the aforesaid owyn out  of the custody of the aforesaid sheriff of Surre to have escape and before any  far execution against the aforesaid owyn by he the say John by reason of the  judgement aforesaid be sue forth and bad that be to say in the term of saint  Michael in the six year of the reign of the say lord the now king abovesaid  out of the aforesaid court of the say lord the now king of the bench here coke  b upon the say outlawry as be before say pronounce issue forth a certain writ  of the say lord the king of capias utlagatum against he the say owyn at the  suit of the say John then to the sheriff of the county of Middlesex direct by  which writ the lord the king command the aforesaid sheriff of Middlesex that  he shall not omit for any liberty of his county but that he shall take the say  owyn by the name of owyn bray late of Cobham in the county of Surre gentle  outlaw in the aforesaid county of Sussex the aforesaid that day of may in the  six year of the reign of the lord the now king abovesaid at the suit of he the  say John by the name of John Drury doctor of law of a plea of debt whereof he  be convict if he shall be find in his bailiwick and he shall safe keep c so  that he shall have his body here that be to say at Westminster aforesaid on  the aforesaid morrow of all soul in the same term of saint Michael in the year  aforesaid to do and receive what the court of the say lord the king thereof  shall consider in that behalf at which morrow of all soul here that be to say  at Westminster aforesaid come the aforesaid owyn by William brown then his  attorney and the sheriff that be to say George bolls and Richard Farrington  then sheriff of the aforesaid county of Middlesex then here return that the  aforesaid owyn be not find c and upon this the say owyn then pray oyer of the  writ of exigent upon which the say owyn at the suit of the say John Drury  aforesaid in form aforesaid stand outlaw and it be then read to he in these  word I James by the grace of God of England Scotland France and Ireland king  defender of the faith c to the sheriff of Sussex greeting we command you that  you put in exigent owyn bray late of Cobham in the county of Surre gentle from  county to county until accord to the law and custom of our kingdom of England  he be outlaw if he shall not appear and if he shall appear then that you he  take and cause safe to be keep so as you have his body before our justice at  Westminster on the morrow of the holy Trinity to satisfy to John Drury doctor  of law as well of a certain debt of two hundred pound which the say John in  our say court before our justice at Westminster recover against he as of  thirtythree shilling and fourpence which to the say John in our same court be  adjudge for his damage which he have by occasion of the detain the same debt  whereof he be convict and whereupon you return to our justice at Westminster  in eight day of saint Hilary that the aforesaid owyn be not find in your  bailiwick and have you there this writ witness Edward coke at Westminster the  that day of January in the five year of our reign of England France and  Ireland and of Scotland the fortyfirst which be read and hear the say owyn say  that he of the outlawry coke a aforesaid ought not to be charge because the  say writ of exigent have not any certain day of return this word holy between  the word morrow and Trinity not have any signification as by the writ  aforesaid then it appear and for the same cause the say owyn then pray  judgement and that the outlawry aforesaid in form aforesaid pronounce and have  be annul make void and altogether hold for nought upon which the writ  aforesaid then be see and by the justice here then full understand to the same  justice it then appear that the allegation of the aforesaid William brown in  discharge of the aforesaid owyn of the outlawry aforesaid be true therefore  then it be consider in the say court here that the say owyn by occasion of the  outlawry aforesaid shall not be molest or trouble but shall go thereof acquit  c as by the record thereof in the say court here remain full appear and so the  say John Drury say that there be not any such record of the outlawry aforesaid  as the say owyn by his writ and declaration aforesaid above suppose and this  he be ready to verify whereupon he pray judgement if he from have execution of  his debt aforesaid and damage aforesaid against the aforesaid owyn ought to be  bar c and the coke report b er p aforesaid owyn say that the aforesaid plea of  the aforesaid John in form aforesaid above plead be not sufficient in law for  he the say John to have and maintain his execution by reason of the judgement  aforesaid and that he to that plea in manner and form aforesaid above plead  needs not nor by the law of the land be bind to answer and this he be ready to  verify wherefore for default of a sufficient plea of the aforesaid John in  this behalf the say owyn as before pray judgement and that the say John from  his execution by reason of the judgement aforesaid be bar and that the say  owyn be thereof discharge c and the aforesaid John inasmuch as he sufficient  matter in law for he the say John his execution by reason of the judgement  aforesaid against the say owyn to have and maintain above have allege which he  be ready to verify which matter the say owyn do not deny nor to the same any  way answer but the say averment altogether refuse as before pray judgement and  execution of his debt and damage aforesaid against the say owyn to he to be  adjudge c and because the justice here will advice themselves of and upon the  premise before they give their judgement thereof day be give to the party  aforesaid here until the morrow of the holy Trinity to hear their judgement  thereof c because the same justice here thereof be not yet c