Answer
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The Courts Opinion upon M.r Hemsley his
Motion last Court that all
writts might be Warranted by an Attorney may be pregnant Enough
to Answer the 6.th reason
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7.th reas
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The Writt is Notoriously ^bad^ by reason it is signed
by Simon Wilmer who
is both Clerk and plain.ts &c.a but the Clerk for
his Fees must have his
writt signed by the Cheif Justice of the Court &c.a
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Answer
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I conceive upon an Execucon the cheif Justice ought
to signe the
writt for such Officers Fees but this is a scire fa to sum illegible
the party
before the Justices who are in such case Judges and therin he mistakes his
maxim in Law for Simon Wilmer is Neither Agent nor patient the
sheerif of the County being therin Agent & the party same Patient
and the Justices before whome the Matter is brought and to heare and determine
and in all this Simon Wilmer but in his private Capacity as plt
The Law hath made provition in all Accons brought either for or
ag.t the sheerif must be either Agent or Patient but no person
Authorised
to Issue out Writts but the Clerk of the County who neither cann Imprison
nor determine by all which it appeares the reason above to be of no validity
but wrested to a Wrong sence and in this case not applicable
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| 8.th reaso |
The Writt is bad in the returne being directed to
the sheerif &c.a
It hath been the Continued practice of this Court to suffer under sheerifs
being sworne such to make returne of all manner of processe
Therfore by the practice of this Court the Writt is fully persued in
that part
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9.th reaso
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The writt is faulty because the Wife is not Named
in the Writt as
well as the husband &c.a
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Answer
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That where the Wife contracts any debt the husband
that shall be answerable
and moreover the said William North att the time of his Wifes Tryal
made himselfe Answerable by vindicateing his said Wife in her offence
notwithstanding she was found guilty by the verdict of Twelve men to the
scandle of Christian Religion and against the good Lawes of this Province
in such case made and provided And if such persons and if such p.rsons
shall be Exempt from punishment both in body and parse there will be little
regard made of either Law or Religion
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10.th reas
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The Sheerif &c.a
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Answer
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That this last reason with all the rest are Sophistical
and contrary to
the practice of this Court and therfore prayes he may have Judgment
for Execucon according to the Tenor of his scire facias
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