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N° III.

Continu

ance.

the court.

helled. And, because the court of the lord the king here is not yet advised of giving their judgment of and upon the premises therefore day thereof is given as well to the faid Richard Smith as the faid George Saunders, before the lord the king, until the morrow of the Afcenfion of our Lord, wherefoever the faid lord the king fhall then be in England, to hear their judgment of and upon the premises, for that the court of the lord the king is not yet advised thereof. At which day before the lord the king at Westminster, come the parties aforefaid by their attorneys aforefaid: upon which, the record and matters aforefaid having been feen, and by the court of the lord the king now here fully understood, and all and fingular the premises having been examined, and mature deliberation being had thereupon, for that it seems to the court of the lord the king now here that Opinion of the verdict aforefaid is in no wife infufficient or erroneous, and that the fame ought not to be quafhed, and that no new trial ought to be had of the iffue aforefaid, Therefore it is conti- Judgment, dered, that the faid Richard do recover against the said George Plaintiff. his term yet to come, of and in the faid tenements, with the appurtenances, and the faid damages affeffed by the faid jury in form aforefaid, and alfo twenty-feven pounds fix fhillings and Cofts. eight pence for his cofts and charges aforefaid, by the court of the lord the king here awarded to the faid Richard, with his affent, by way of increase; which faid damages in the whole amount to twenty-nine pounds feven fhillings and eight pence. "And let the faid George be taken, [until he maketh fine to the Capiatur pro "lord the king].” And hereupon the said Richard by his attorney fine. aforefaid prayeth a writ of the lord the king, to be directed to the sheriff of the county aforefaid, to cause him to have poffeffion of his term aforefaid yet to come, of and in the tenements aforefaid, with the appurtenances: and it is granted unto him, returnable before the lord the king on the morrow of the holy Trinity, wherefoever he fhall then be in England.

for the

Writ of

poffeffion,

At which day before and return.

the lord the king, at Westminster, cometh the faid Richard by his attorney aforefaid; and the sheriff, that is to fay, fir Thomas Reeve, knight, how fendeth, that he by virtue of the writ afore. faid to him directed, on the ninth day of June last past, did cause

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No III.

Praecipe.

Sheriff's return.

the faid Richard to have his poffeffion of his term aforefaid yet to
come, of and in the tenements aforesaid, with the appurtenances,
as he was commanded.
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Proceedings on an Action of DEBT in the Court of
Common Pleas; removed into the King's Bench by
Writ of ERROR.

§ 1. Original.

EORGE the fecond, by the grace of God of Great

Britain, France, and Ireland king, defender of the faith, and fo forth; to the theriff of Oxfordshire, greeting. Command Charles Long, late of Burford, gentleman, that juftly and without delay he render to William Burton two hundred pounds, which he owes him and unjustly detains, as he faith. And unless he shall so do, and if the faid William fhall make you fecure of profecuting his claim, then fummon by good fummoners the aforefaid Charles, that he be before our juftices, at Westminster, on "the octave of faint Hilary, to fhew wherefore he hath not done it. And have you there then the fummoners, and this writ. Witmels ourself at Weftminster, the twenty-fourth day of December, in the twenty eighth year of our reign.

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GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth;

to

N° III.

Pone.

to the fheriff of Oxfordshire, greeting. Put by gage and safe pledges Charles Long, late of Burford, gentleman, that he be bend fore our juftices at Westminster on the octave of the purification of the bleffed Mary, to answer to William Burton of a plea, that he render to him two hundred pounds which he owes him and unjustly detains, as he faith; and to fhew wherefore he was not before our juftices at Westminster on the octave of faint Hilary, as he was fummoned. And have there then the names of the pledges and this writ. Witness fir John Willes, knight, at Westminster, the twenty-third day of January, in the twentyeighth year of our reign.

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The within-named Charles Long is Edward Leigh.
attached by Pledges,
S Robert Tanner.

Sheriff's

return.

GEORGE the fecond, by the grace of God of Great Diftringas. Britain, France, and Ireland king, defender of the faith, and fo forth to the sheriff of Oxfordshire, greeting. We command you, that you diftrein Charles Long late of Burford, gentleman, by all his lands and chattels within your bailiwick, fo that neither he nor any one through him may lay hands on the fame, until you fhall receive from us another command thereupon; and that you answer to us of the iffues of the fame; and that you have his body before our juftices at Weftminster from the day of Eafter in fifteen days, to answer to William Burton of a plea, that he render to him two hundred pounds which he owes him and unjustly detains, as he faith, and to hear his judgment of his many defaults. Witness fir John Willes, knight, at Westminster, the twelfth day of February, in the twenty-eighth year of our reign.

The within-named Charles Long hath nothing in my bailiwick, Sheriff's whereby he may be diftreined.

return. Nilil.

GEORGE the fecond, by the grace of God of Great Bri- Capias ad tain, France, and Ireland king, defender of the faith, and fo forth; refponder to the fheriff of Oxfordshire, greeting. We command you, that

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L13

you

No III. you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him fafely keep, fo that you may have his body before our juftices at Westminster from the day of Eafter in five weeks, to answer to William Burton, gentleman, of a plea, that he render to him two hundred pounds, which he owes him and unjustly detains, as he faith; and whereupon you have returned to our juftices at Westminster, that the faid Charles hath nothing in your bailiwick, whereby he may be diftreined. And have you there then this writ. Witness fir John Willes, knight, at Westminster, the fixteenth day of April, in the twenty-eighth year of our reign.

Sheriff's return.

Non eft

inventus.

Teftatum capias.

Sheriff's

return.

Cepi corpus.

The within-named Charles Long is not found in my bailiwick,

GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Berkshire, greeting. We command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him fafely keep, fa that you may have his body before our juftices at Weftminster, on the morrow of the holy Trinity, to anfwer to William Burton, gentleman, of a plea, that he render to him two hundred pounds which he owes him and unjufily detains, as he faith; and whereupon our sheriff of Oxfordshire hath made a return to our justices at Westminster, at a certain day now paft, that the aforefaid Charles is not found in his bailiwick; and thereupon it is teftified in our faid court, that the aforefaid Charles lurks, wanders, and runs about in your county. And have you there then this writ. Witness fir John Willes, knight, at Westminster, the feventh day of May, in the twenty-eighth year of our reign.

By virtue of this writ to me directed, I have taken the body of the within-named Charles Long; which I have ready at the day and place within contained, according as by this writ it is com, manded me.

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"Or, upon the Return of Non eft inventus upon the first Capias, the Plaintiff may fue out an Alias and a Pluries, "and thence proceed to Qutlawry; thus :

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GEDRGE

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N° III.

"Alias ca

"GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo "forth; to the sheriff of Oxfordshire, greeting. We command “ you as formerly we commanded you, that you take Charles "Long, late of Burford, gentleman, if he may be found in your bailiwick, and him fafely keep, fo that you may have "his body before our juftices at Weftminster, on the morrow "of the holy Trinity, to answer to William Burton, gentleman, "of a plea, that he render to him two hundred pounds, which " he owes him and unjustly detains, as he faith. And have you "there then this writ. Witness fir John Willes, knight, ac "Westminster, the seventh day of May, in the twenty-eighth year of our reign.

pias.

"The within-named Charles Long is not found in my baili- « Sheriff's "wick.

"return. "Non eft "inventus.

"Pluries

"GEORGE the fecond, by the grace of God of Great capias. "Britain, France, and Ireland king, defender of the faith, and "fo forth; to the fheriff of Oxfordshire, greeting. e com

66

mand you, as we have more than once commanded you, that "you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him fafely keep, fo that "you may have his body before our juftices at Westminster, "from the day of the oly Trinity in three weeks, to answer "to William Burton, gentleman, of a plea, that he render to "him two hundred pounds, which he owes him and unjustly "detains, as he faith. And have you there then this writ. "Witness fir John Willes, knight, at Westminster, the thirtieth day of May, in the twenty-eighth year of our reign.

66

"The within-named Charles Long is not found in my baili- "Sheriff's " wick.

<< return.

Non eft in

ventus.

« GEORGE the fecond, by the grace of God of Great Exigi faBritain, France, and Ireland king, defender of the faith, and "cias "fo forth; to the fheriff of Oxfordshire, greeting. L14

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