beal and his wife against Simpson ld raym debt by husband and wife  administratrix for a escape out of execution Yorkshire to wit William Simpson  late of Mansfield in the county of Nottingham Esq chief bailiff of the liberty  of the honour of Pontefract in the county of York aforesaid be summon to  answer Henry beal Esq and Hannah his wife administratrix of the good and  chattel which be of John Stanhope Esq with the will to the administration  annex during the minority of mary Stanhope and Hannah Stanhope the daughter  and residuary legatee of the aforesaid John Stanhope of a plea that he render  to they two hundred and three pound and ten shilling which he unjust detain  from they c and whereupon the say Henry and Hannah by Laurence brier their  attorney say that whereas they the say Henry and Hannah his wife heretofore  that be to say in the term of the holy Trinity in the eight year of the reign  of the lord the now king before George Treby Knt and his companion then  justice of he the say lord the king of the bench here to wit at Westminster by  the consideration of the same court recover by the name of Henry beal Esq and  Hannah his wife administratrix of the good and chattel which be of John  Stanhope Esq with the will to the administration annex during the minority of  mary Stanhope and Hannah Stanhope the daughter and residuary legatee of the  aforesaid John against one Richard dickens gentle then and yet one of the  atorneys of the say court of the lord the king of the bench otherwise call  Richard dickens of Leeds in the county of York gentle upon a certain write  Obligatory by the aforesaid Richard to the aforesaid John Stanhope in his  lifetime at Leeds aforesaid make seal and deliver as well a certain debt of as  seventy shilling which to the same Henry and Hannah his wife in the same court  of the say lord the king of the bench aforesaid here be adjudge for their  damage which the have sustain by occasion of the detain of that debt whereof  he be convict as by the record and process thereof in the say court of the say  lord the king of the bench aforesaid here to wit at Westminster aforesaid  remain manifest appear and also whereas they the say Henry and Hannah his wife  for Lord Raymond the obtain execution of the judgement aforesaid afterward in  the same term of the holy Trinity prosecute out of the say court of the say  lord the king of the bench aforesaid here a certain writ of he the say lord  the king of capias ad satis Lord Raymond er p faciendum of and upon the  judgement aforesaid against the aforesaid Richard direct to the then sheriff  of the county of York aforesaid by which say writ the say lord the now king  command the same then sheriff that he shall take the aforesaid Richard if c  and he safe c so that be may have his body before the justice of the say lord  the king here to wit at Westminster aforesaid on Saturday next after fifteen  day of saint Martin then next follow to satisfy to they the say Henry and  Hannah his wife of the debt and damage aforesaid in form aforesaid recover by  virtue of which say writ John Bradshaw Esq then be sheriff of the county of  York aforesaid afterward to wit on the first day of August in the that year  abovesaid at Leeds aforesaid make and direct his certain warrant in write seal  with the seal of his office of sheriff of the county of York aforesaid to the  chief bailiff of the liberty of the honour of Pontefract in the county of York  aforesaid direct which say chief bailiff then bad and yet have the full  execution and return of all writ precept and warrant within the same liberty  and unto who the execution of the writ aforesaid whole belong to be do so that  execution thereof out of the same liberty be may not cause to be do by which  say warrant the say John Bradshaw command the chief bailiff of the liberty of  the honour of Pontefract aforesaid that the same bailiff shall take the say  Richard if c and he safe c so that the aforesaid John Bradshaw may have the  body of the aforesaid Richard before the say justice of the say lord the king  here to wit at Westminster aforesaid on the aforesaid Saturday next after the  say fifteen day of saint Martin to satisfy to they the say Henry and Hannah  his wife of the debt and damage aforesaid by virtue of which say warrant the  aforesaid William Simpson afterward and before the return of the writ and  warrant aforesaid to wit on the first day of November in the that year of the  reign of the say lord the now king abovesaid the same William then be the  chief bailiff of the aforesaid liberty of the honour of Pontefract aforesaid  at Leeds aforesaid which say town of Leeds be within the liberty aforesaid  take and arrest the aforesaid Richard and then and there have and detain the  aforesaid Richard in his custody in execution for the debt and damage  aforesaid by virtue of the warrant aforesaid and the aforesaid Richard be so  in prison under the custody of the aforesaid Lord Raymond William in execution  for the debt and damage aforesaid as before be set forth the aforesaid William  afterward to wit on the d day of February in the that year abovesaid the  aforesaid William be then and yet the chief bailiff of the liberty of the  honour of Pontefract aforesaid suffer the aforesaid Richard to escape out of  his custody at Leeds aforesaid a f free to go at large where he will without  the command of they the say Henry and Hannah his wife or of either of they and  without their licence and against the will of they the say Henry and Hannah  his wife they the say Henry and Hannah his wife or either of they not be then  and there satisfy of or pay the debt and damage aforesaid so recover as before  be set forth by which a action have accrue to they the say Henry and Hannah  his wife to require and have of the aforesaid William the say two hundred and  three pound and ten shilling nevertheless the aforesaid William although often  request the say and S to the say Henry and Hannah his wife to who  administration with the will annex of all the good and chattel which be of the  aforesaid John Stanhope at the time of his death during the minority of the  aforesaid mary and Hannah Stanhope the daughter and residuary legatee of the  aforesaid John Stanhope who be now in be in full life and be yet within age by  John by divine providence archbishop of York primate of England and  metropolitan on the that day of June in the that year of the reign of the say  lord the now king and lady mary the second late queen of England c at Leeds  aforesaid after the death of the say John Stanhope be lawful commit nor to  either of they bath render but to render the same to they or to either of they  have hitherto whole deny and yet do deny and unjust detain the same whereupon  they the say Henry and Hannah his wife say that they be injure and have  sustain damage to the value of and thereupon they bring suit c and they bring  here into court the letter of administration with the will annex of the  aforesaid archbishop which testify the commission of the administration  aforesaid in form aforesaid c and the aforesaid William Simpson by Henry wood  his attorney come and Lord Raymond er p defend the force and injury when c and  say that the say Henry and Hannah ought not to have their say action thereof  against he because he say that before the aforesaid time when the aforesaid  escape of the aforesaid Richard dickens or the permission of his go out of the  custody of he the say William be suppose to be do to wit on the d day of  January in the that year of Lord Raymond the reign of the lord the now king  abovesaid a certain writ of he the say lord the king of habeas corpus issue  out of the court of the same lord the king of the bench here to wit at  Westminster in the county of Middlesex direct to the bailiff of the liberty of  the honour of Pontefract aforesaid by which say writ the say lord the king  command the say bailiff of the liberty aforesaid that he shall have the body  of the aforesaid Richard dickens detain in the prison of the say lord the king  under the custody of the aforesaid bailiff together with the day and cause of  his caption and detention by whatsoever name the same Richard shall be name in  the same before the justice of he the say lord the king here to wit at  Westminster aforesaid on Saturday next after the purification of the bless  mary then next follow to do and receive that which the same court here shall  then and there consider concern he in that behalf and that the same bailiff  shall have there then that writ which writ afterward and before the aforesaid  time when the escape aforesaid be suppose to have be suffer to wit on the that  day of January in the that year abovesaid at Leeds aforesaid to the aforesaid  William be then and yet bailiff of the liberty aforesaid be deliver to be  execute in due form of law by virtue of which say writ the say William  afterward and before the return thereof to wit on the say three day of  February in the that year abovesaid at Leeds aforesaid take the body of the  aforesaid Richard out of the prison and gaol of the say lord the king of the  liberty aforesaid and carry the same under the custody of he the say William  from the prison aforesaid by the common and near way unto Westminster  aforesaid and in court here at the return of the say writ have the same accord  to the command of the same writ and to the same court here in a certain  schedule to the same writ annex bath return the day and cause of the caption  and detention of he the say Richard in the form follow that be to say that  before the come of that writ the say Richard be take within the liberty  aforesaid and be detain in the prison of the say lord the king under the  custody of he the say William by virtue of the say warrant in the declaration  aforesaid mention for the debt and damage aforesaid specify in that  declaration and that that be the only cause of the caption and detention of  the aforesaid Richard in the prison and custody aforesaid which together with  the body of he the say Richard at the day and place in the say writ of habeas  corpus mention accord to the command of that writ he have ready and thereupon  the say Richard then to wit at the say day of Lord Raymond the return of the  same writ by the same court here be commit to the prison of the say lord the  king of the fleet on the occasion aforesaid there to remain until c as by the  record of that writ and the say return thereof and the commitment aforesaid in  the court here remain more full appear which say take of the say Richard out  of the say prison and gaol aforesaid and carry of the say Richard from that  prison unto Westminster aforesaid do for the cause aforesaid be the same  escape and suffer of the say Richard to escape and go at large out of the  custody of he the say William whereof the say Henry and Hannah themselves now  above complain and this he be ready to verify wherefore he pray judgement if  the say Henry and Hannah ought to have their say action thereof against he c  and the aforesaid Henry and Hannah his wife protest that the say writ of  habeas corpus in the say plea of the say William above mention be not deliver  to the say William before the say time the say escape in the say declaration  of they the say Henry and Hannah above mention be suffer as the say William in  his say plea have allege nevertheless for replication to the say plea of the  say William they say that by any thing by the say William above allege they  ought not to be bar from have their say action against the say William because  they say that on the that day of November in the that year of the reign of the  say lord the now king abovesaid a certain writ of he the say lord the king of  habeas torpus issue out of the say court of the say lord the king of the bench  aforesaid here to wit at Westminster aforesaid to the bailiff of the liberty  of the honour of Lord Raymond er p Pontefract aforesaid direct by which say  writ the say lord the now king command the say bailiff of the liberty of the  honour of Pontefract aforesaid that he shall have the body of the say Richard  dickens by whatsoever name he shall be name in the prison of the say lord the  now king under the custody of the say bailiff of the liberty aforesaid  together with the day of the caption and detention of the say Richard before  the justice of the say lord the king here to wit at Westminster aforesaid  Saturday next after eight day of saint Hilary then next follow be the d day of  January in the that year of the reign of the say lord the now king abovesaid  that they the say justice of the say lord the king of the bench here aforesaid  have see the cause may be able to do in that behalf that which be of right to  be do accord to the law and custom of the kingdom of England and that the same  bailiff shall then have there that Lord Raymond writ which say writ afterward  and before the return thereof to wit on the nine day of December in the that  year abovesaid at Leeds aforesaid be deliver to the aforesaid William then be  bailiff of the liberty aforesaid to be execute in form of law but the  aforesaid William at or before the return of the say writ do nothing thereupon  but by colour and pretence of that writ after the return thereof to wit on the  say d day of February in the that year abovesaid at Leeds aforesaid without  any other writ precept or authority and against the will of they the say Henry  and Hannah his wife take the body of the aforesaid Richard out of the say  prison and gaol of the say lord the king of the liberty aforesaid and the same  to Westminster aforesaid under the custody of the aforesaid William afterward  to wit on the that day of February in the that year abovesaid bring and there  bad and the aforesaid Richard be there afterward to wit the same that day of  February in the that year abovesaid by fraud and covin between he the say  William and other person to they the say Henry and Hannah his wife unknown the  say writ of habeas corpus in the say plea of the say William above specify be  sue forth out of the say court of the bench aforesaid here and deliver to he  the say William and not before by which say writ the say lord the king also  command the say bailiff of the liberty aforesaid in manner and form as the say  William by his say plea have above allege by virtue of which say writ of  habeas corpus last mention the say William the body of the aforesaid Richard  afterward to wit the same that day of February be the say Saturday next after  the purification of the bless mary bring into the say court of the say lord  the king of the bench here and in the same court then and there have and to  the say court here in a certain schedule to the same writ of habeas corpus  last mention annex return the day and cause of the caption and detention of  the aforesaid William in the form as the aforesaid William by his plea  aforesaid bath above plead and thereupon the say Richard afterward to wit the  say that day of February in the that year abovesaid be the day of the return  of the say writ of habeas corpus last mention be commit by the say court of  the say lord the king of the bench aforesaid here to the say prison of the say  lord the king of the fleet on the occasion aforesaid there to remain until c  as the aforesaid William have above allege without this that the say William  by virtue of the say writ of habeas corpus in the say plea of he the say  William mention take the body of the Lord Raymond aforesaid Richard out of the  say prison and gaol of the say lord the king of the liberty aforesaid and  carry the same from the prison aforesaid to Westminster as the aforesaid  William by his say plea have also above allege and this they the say Henry and  Hannah his wife be ready to verify whereupon they pray judgement and their say  debt together with their damage by occasion of the detention of that debt to  be adjudge to they c and the aforesaid William say that the say plea of they  the say Henry and Hannah above plead in reply and the matter in the same  contain be not sufficient in law for they the say Henry and Hannah to have  their say action to be maintain against he the say William and that he to that  plea in manner and form aforesaid plead have no necessity nor be bind by the  law of the land to answer and this he be ready to verify wherefore for want of  a sufficient plea of they the say Henry and Hannah in this behalf the say  William pray judgement and that the say Henry and Hannah may be bar from have  their say action Lord Raymond er p against he the say William c and for cause  of this demurrer in law the say William show to the court here and say that  the traverse aforesaid be repugnant and traverse matter do traversable c and  the aforesaid Henry and Hannah protest that the say traverse in their  replication above contain be not repugnant but good and sufficient in law and  that they the say Henry and Hannah have traverse matter traversable say that  they have above allege in reply sufficient matter in law for they the say  Henry and Hannah to have their say action to be maintain against the aforesaid  William Simpson which they be ready to verify which say matter the say William  do not deny nor in any way answer to the same but have whole refuse to admit  that averment wherefore as before they the say Henry and Hannah pray judgement  and their debt aforesaid together with their damage by occasion of the  detention of that debt to be adjudge to they c Lord Raymond michaelmas the the  OF William the three plea roll