APHARY against smith array make by a former sheriff be quash for cosinage  plaintiff may have a vet fa de to make new to the new sheriff or to the  coroner at his election trial in formedon between the vouch and demandant be  within the statute of jeofails though they be not both party to the writ a  array make by the predecessor of the present sheriff be challenge for cosinage  and quash the plaintiff may pray at his election to have a venire facias de to  make new to the present sheriff or to the coroner by the opinion of the court  and this be pray to the now sheriff in formedon by Aphary against smith who  vouch to warranty another who come by process and enter into the warranty and  traverse the seize of one of the ancestor of the demandant in who seize be  allege within fifty year before the day of the writ and it be find for the  demandant and he have judgement notwithstanding it be say that the be fa de to  make new above be not well award and also that the trial be not between the  Windham by barber in Westminster hall all oblige to procure their pardon  Elizabeth Girlings case Inst   and Elizabeth dawson case the indictment infra  palatium et juxta great aulan e cite cro car Thomas Jones strike one in the  palace to sit senate and kill he upon which he have judgement to have his hand  cut off and judgement of death Trin e b r rot Richard Carlion and other follow  the juror to the gate of the palace of our lord the king at Westminster and  there make a assault upon they and beat they and judgement be give against  Richard that he shall lose his right hand and that it shall be cut off and  himself commit to the tower of London as long as he live east e cro e Owen  meat draw his sword upon the stair of the court of request which be out of  sight of any of the court and there if his indictment have be well draw he  ought to have have the punishment as here Richardson chief justice of c b at  the assize at Salisbury in the summer of be assault by a prisoner condemned  there for felony who after his condemnation throw a brickbat at the say judge  which narrow miss and for this a indictment be immediate draw by Noy against  the prisoner and his right hand cut off and fix to the gibbet upon which he be  himself immediate hang in the presence of the court Trin car b r W Jones cro  car sir William Waller be indict for strike sir Thomas Reynold within the  palace and near the great hall to sit curian and it do not say that it be in  the presence of the king and for this he be fine one thousand pound and  imprison at the pleasure of the king and bind to good behaviour dyer a er p  party to the writ and so out of the statute of jeofails but the opinion of the  court on this be to the contrary to a pluries replegiare in c b the return be  a elongate and no other writ on Withernaqn sue out if plaintiff do not appear  since no plaint be before the sheriff whether he can be nonsuit and on such  default whether the defendant by suggestion of property shall have a special  writ for the cattle take in withernam or a return of the first cattle to a  glory replegiare returnable into the bench the sheriff return that the cattle  be eloigned by the defendant and that no other writ c and upon this the  plaintiff have a withernam to take of the good and chattel of the defendant to  the value c and this clause S and if the plaintiff shall make you secure as  well of prosecute his claim as of the return of the cattle if c then put the  defendant c to answer as well to our lady the queen of the contempt as the  aforesaid plaintiff of the damage and wrong c be omit and novan the sheriff  return the writ of withernam namely that the plaintiff have find pledge to  prosecute and to make return if c and because he can not repleuie the chattel  first take to the aforesaid plaintiff accord to the exigency of the writ  therefore he take six ox c of the proper good and chattel of the defendant to  the value c and deliver they to the aforesaid plaintiff in withernam to detain  for himself until c dyer and further he return that the defendant have nothing  by which he may be attach c and now the plaintiff come not but the defendant  appear gratis and pray that the plaintiff may be call and that if he will not  prosecute upon the replevin the defendant may have a special writ to the  sheriff to make deliverance to he back of the say ox which be take and deliver  to the plaintiff in withernam for he say that the truth be that the property  of the chattel for which the replevin be sue be in he and not in the plaintiff  and it be much debate in the court whether the plaintiff can be nonsuit now as  if it be upon the a replevin and that a return of the first chattel shall be  adjudge to the defendant as Leonard prothonotary hold although the defendant  have they in his hand already with intent to drive plaintiff to the second  deliverance if he will and it may be notwithstanding the first return that now  the sheriff have make replevin c and this precedent appear east h Ro h pl  repletion be sue by writ for one horse and because the sheriff do nothing the  plaintiff upon suggestion in the chancery have a alias replegiare with the  clause well causan we signify which be return into chancery but quaere how and  with the excuse of the sheriff and upon this the plaintiff have a withernam of  the beast of defendant which be serve and afterward the matter be remove out  of the county by a tone into the bench at the suit of the defendant and at the  day in bank the defendant offer himself on the canto die c and the plaintiff  do not prosecute and the defendant go without day and he make suggestion to  the court that the plaintiff have ten ox of he in withernam for the aforesaid  horse deliver by the sheriff and also that the horse be put if pound overt by  he and there die of hunger by the default of the plaintiff and upon this he  have a a but in replevin there can be no judgement as in case of a non suit  for both party be actor b Rep term Rep dyer b er p special writ to the sheriff  to deliver the withernam returnable into the bench see lib Assis fol a good  case for this matter and yet at the end of the term the writ of withernam  above be amend and make perfect and these word namely to answer to the  aforesaid plaintiff of the take be just detain of the chattel aforesaid put in  the writ accord to the ancient form and the writ be well return serve  videlicet pledge as well of prosecute as of return the chattel if c and  attachment upon the defendant and both appear by attorney and the plaintiff  count for the take and detention of the aforesaid chattel and declare that he  still detain and the value of they and the defendant claim property upon which  they be at issue the defendant do not gage deliverance but the plaintiff be  drive to make it of withernam which note well that the party have day upon the  replevin by such manner of process and return above dyer without any tone or  other writ because no plaint appear to be commence before the sheriff for no  writ of replevin which have the word and afterward thereupon cause he just to  be remove that we may hear no more c come to the hand of the sheriff as appear  by the return above see a good form of withernam in the case above fol post  extract from the book of Mr jenour