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No. II.

stood, and all and singular the premises having been examined, and mature deliberation being had thereupon, for that it seems to the court of the lord the Opinion of the king now here that the verdict aforesaid is in no wise insufficient or erroneous, court. and that the same ought not to be quashed, and that no new trial ought to be had

of the issue aforesaid.-Therefore it is considered, that the said Richard do re- Judgment for cover against the said George his term yet to come, of and in the said tenements, the plaintiff. with the appurtenances, and the said damages assessed by the said jury in form aforesaid, and also twenty-seven pounds six shillings and eight-pence for his Costs. costs and charges aforesaid, by the court of the lord the king here awarded to the said Richard, with his assent, by way of increase; which said damages in

the whole amount to twenty-nine pounds, seven shillings and eight-pence. Capiatur p And let the said George be taken [until he maketh fine to the lord the fine. king]." And hereupon the said Richard, by his attorney aforesaid, prayeth a writ of the lord the king, to be directed to the sheriff of the county aforesaid, writ of pos to cause him to have possession of his term aforesaid yet to come, of and in sion. the tenements aforesaid, with the appurtenances; and it is granted unto him, returnable before the lord the king on the morrow of the Holy Trinity, wheresoever he shall then be in England. At which day, before the lord the king,

at Westminster, cometh the said Richard, by his attorney aforesaid; and the and return. sheriff, that is to say, Sir Thomas Reeve, knight, now sendeth that he, by virtue of the writ aforesaid, to him directed, on the ninth day of June last past, did cause the said Richard to have his possession of his term aforesaid 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.

SECT. 1. ORIGINAL.

GEORGE the Second, by the Grace of God, of Great Britain, France, and Precipe. Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire, greeting. Command Charles Long, late of Burford, gentleman, that justly and without delay he render to William Burton two hundred pounds, which he owes him and unjustly detains, as he saith. And unless he shall do So, and if the said William shall make you secure of prosecuting his claim, then summon by good summoners the aforesaid Charles, that he be before our justices at Westminster, on the octave of Saint Hilary to show wherefore he hath not done it. And have you there then the summoners and this writ. Witness ourself, at Westminster, the twenty-fourth day of December, in the twentyeighth year of our reign. Pledges of

prosecu

tion,

JOHN DOE.

RICHARD ROE.

Summoners of the
within-named
Charles Long,

ROGER MORRIS.
HENRY JOHNSON.

SECT. 2. PROCESS.

Sheriff's
return.

GEORGE the Second, by the grace of God, of Great Britain, France and Ire Attachment land king, defender of the faith, and so forth; to the sheriff of Oxfordshire, greeting. Put by gage and safe pledges Charles Long, late of Burford, gentleman, that he be before our justices at Westminster, on the octave of the Purification of the blessed Mary, to answer to William Burton of a plea, that he Pone/ render to him two hundred pounds, which he owes him and unjustly detains, as he saith; and to show wherefore he was not before our justices at Westminster on the octave of Saint Hilary, as he was summoned. And have there then the names of the pledges and this writ. Witness, Sir John Willes, knight, at Westminster, the twenty-third day of January, in the twenty-eighth year of our reign.

The within-named Charles Long EDWARD LEIGH.
ROBERT TANNER.

is attached by pledges,

Sheriff's
return.

GEORGE the Second, by the grace of God, of Great Britain, France, and Distringas, Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire, [*xiv] greeting. We cominand you that you distrein Charles Long, late of Burford,

↑ Now omitted. See page 898.

No. III.

Sheriff's return. Nihil.

gentleman, by all his lands and chattels within your bailiwick, so that neither he nor any one through him may lay hands on the same, until you shall receive from us another command thereupon; and that you answer to us of the issue of the same; and that you have his body before our justices at Westminster, from the day of Easter, 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 saith, and to hear his judgment of his many defaults. Witness, Sir 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, whereby he may be distreined.

Capias ad re- GEORGE the Second, by the grace of God, of Great Britain, France, and Irespondendum. land king, defender of the faith, and so forth; to the sheriff of Oxfordshire, greeting. We command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him safely keep, so that you may have his body before our justices at Westminster from the day of Easter 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 saith; and whereupon you have returned to our justices at Westminster, that the said Charles hath nothing in your bailiwick, whereby he may be distreined. And have you there then this writ. Witness, Sir John Willes, knight, at Westminster, the sixteenth day of April, in the twentyeighth year of our reign.

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The within named Charles Long is not found in my bailiwick.

GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth; to the sheriff 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 safely keep, so that you may have his body before our justices at Westminster, 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 saith; and whereupon our sheriff of Oxfordshire hath made a return to our justices of Westminster, at a certain day now past, that the aforesaid Charles is not found in his bailiwick; and thereupon it is testified in our said court, that the *aforesaid Charles lurks, wanders, and runs about in your county. And have you there then this writ. Witness. Sir John Willes, knight, at Westminster, the seventh 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 commanded me.

Or, upon the Return of non est inventus upon the first capias, the plaintiff may sue out an alias and a pluries, and thence proceed to outlawory: thus:

GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so 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 safely keep, so that you may have his body before our justices at Westminster, 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 saith. And have you then there this writ. Witness, Sir John Willes, knight, at Westminster, the seventh day of May, in the twenty-eighth year of our reign.

The within named Charles Long is not found in my bailiwick.

GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire greeting. We command 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 safely keep, so that you may have his body before our justices at Westminster, from the day of the Holy 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 saith. And have you there then this writ. Witness, Sir John Willes, knight, at Westminster, the thirtieth day of May, in the twenty-eighth year of our reign.

The within named Charles Long is not found in my bailiwick.

No. III.

Sheriff's return. Non est inventus.

[*xvi]

*GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire, Exigi facías. greeting. We command you, that you cause Charles Long, late of Burford, gentleman, to be required from county court to county court, until, according to the law and custom of our realm of England, he be outlawed, if he doth not appear: and if he doth appear, then take him and cause him to be safely kept, so that you may have his body before our justices at Westminster, on the morrow of All Souls, 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 saith; and whereupon you have returned to our justices at Westminster, from the day of the Holy Trinity in three weeks, that he is not found in your bailiwick. And have you then there this writ. Witness, Sir John Willes, knight, at Westminster, the eighteenth day of June, in the twenty-eighth year of our reign.

turn.
Primo exactua

exactus.

By virtue of this writ to me directed, at my county court held at Oxford, in Sheriff's rethe county of Oxford, on Thursday, the twenty-first day of June, in the twentyninth year of the reign of the lord the king within written, the within named Charles Long was required the first time, and did not appear: and at my county Secundo excourt held at Oxford aforesaid, on Thursday, the twenty-fourth day of June, actus. Tertio in the year aforesaid, the said Charles Long was required the second time, and did not appear: and at my county court held at Oxford, aforesaid, on Thurs- Tertio exactus. day, the twenty-first day of August, in the year aforesaid, the said Charles Long was required the third time, and did not appear: and at my county court Quarto exheld at Oxford, aforesaid, on Thursday, the eighteenth day of September, in actus. the year aforesaid, the said Charles Long was required the fourth time, and

did not appear: and at my county court held at Oxford, aforesaid, on Thurs- Quinto ex day, the sixteenth day of October, in the year aforesaid, the said Charles Long actus. was required the fifth time, and did not appear; therefore the said Charles

Long, by the judgment of the coroners of the said lord the king, of the county Ideo utlagatus, aforesaid, according to the law and custom of the kingdom of England, is outlawed.

[*xvii]

GEORGE the Second, by the grace of God, of Great Britain, France, and Writ of procla Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire, mation. greeting. Whereas, by our writ we have lately commanded you that you should cause Charles Long, late of Burford, gentleman, to be required from county court to county court, until, according to *the law and custom of our realm of England, he should be outlawed, if he did not appear: and if he did appear, then that you should take him and cause him to be safely kept, so that you might have his body before our justices at Westminster, on the morrow of all Souls, 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 saith: Therefore we command you, by virtue of the statute in the thirty-first year of the lady Elizabeth, late queen of England, made and provided, that you cause the said Charles Long to be proclaimed upon three several days according to the form of that statute; (whereof one proclamation shall be made at or near the most usual door of the church of the parish wherein he inhabits) that he render himself unto you; so that you may have his body before our justices at Westminster at the day aforesaid, to answer the said William Burton of the plea aforesaid. And have you there then this writ. Witness, Sir John Willes, knight, at Westminster, the eighteenth day of June, in the twenty-eighth year of our reign.

By virtue of this writ to me directed, at my county court held at Oxford, in Sheriff's re the county of Oxford, on Thursday the twenty-sixth day of June, in the twenty. turn. Precia mari feel. ninth year of the reign of the lord and king within written, I caused to be proclaimed the first time; and at the general quarter sessions of the peace, held at Oxford aforesaid, on Tuesday, the fifteenth day of July, in the year aforesaid, I caused to be proclaimed the second time; and at the most usual door of the church of Burford within written, on Sunday the third day of August in the year aforesaid, immediately after divine service, one month at the least before the within named Charles Long was required the fifth time, I caused to be proclaimed the third time, that the said Charles Long should render himself unto me, as within it is commanded me.

No. III.

Capias utlagatum.

[*xviii]

Sheriff's return. Cepi Corpus.

sex for trespass.

GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, and so forth; to the sheriff of Berkshire, greeting. We command you, that you omit not by reason of any liberty of your county, but that you take Charles Long, late of Burford in the county of Oxford, gentleman, (being outlawed in the said county of Oxford, on Thursday the sixteenth day of October last past, at the suit of William Burton, gentleman, of a plea of debt, as the sheriff of Oxforshire aforesaid returned to our justices at Westminster on the morrow of All Souls then next ensuing,) if the said Charles Long may be found in your bailiwick; and him safely keep, so that you may have his body before our justice at Westminster from the day of St. Martin in fifteen days to do and receive what our court shall consider concerning him in this behalf. Witness, Sir John Willes, knight, at Westminster, the sixth day of November, in the twenty-ninth 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 commanded me.

SECT. 8. BILL OF MIDDLESEX, AND LATITAT THEREUPON IN THE COURT OF
KING'S BENCH.

Bill at Middle Middlesex, THE SHERIFF is commanded that he take Charles Long, late of to wit. Burford, in the county of Oxford, if he may be found in his bailiwick, and him safely keep, so that he may have his body before the lord and king at Westminster, on Wednesday next after fifteen days of Easter, to ans wer William Burton, gentleman, of a plea of trespass [and also to a bill of the said William against the aforesaid Charles, for two hundred pounds of debt, according to the custom of the court of the said lord and king, before the king himself to be exhibited]; and that he have there then this precept.

Ac etiam in debt.

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The within named Charles Long is not found in my bailiwick.

GEORGE the Second, by the grace of God, of Great Britain, France and Ireland king, defender of the faith, and so forth; to the sheriff of Berkshire greeting. Whereas we lately commanded our sheriff of Middlesex that he should take Charles Long, late of Burford, in the county of Oxford, if he might be found in his bailiwick, and him safely keep, so that he might be before us at Westminster, at a certain day now past, to answer unto William Burton, gentleman, of a plea of trespass [and also to a bill of the said William against the aforesaid Charles, for two hundred pounds of debt, according to the custom of our court before us to be exhibited]; and our said sheriff of Middlesex at that day returned to us that the aforesaid Charles was not found in his bailiwick; whereupon on the behalf of the aforesaid William in our court before us it is sufficiently attested that the aforesaid Charles lurks and runs about in your county: Therefore we command you, that you take him, if he may be found in your bailiwick, and him safely keep, so that you may have his body before us at Westminster, on Tuesday next after five weeks of Easter, to answer the aforesaid William of the plea [and bill] aforesaid; and have you there then this writ. Witness, Sir Dudley Ryder, knight, at Westminster, the eighteenth day of April, 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 commanded me.

SECT. 4. WRIT OF QUO MINUS IN THE EXCHEQUER.

GEORGE the Second, by the grace of God, of Great Britain, France and Ireland king, defender of the faith, and so forth; to the sheriff of Berkshire greeting. We command you that you omit not by reason of any liberty of your county, but that you enter the same, and take Charles Long, late of Burford, in the county of Oxford, gentleman, wheresoever he shall be found in your bailiwick, and him safely keep, so that you may have his body before the barons of our exchequer at Westminster, on the morrow of the Holy Trinity, to answer William Burton, our debtor of a plea, that he render to him two hund

Note, that sections 3 and 4 are the usual method of process, to compel an appearance In the courts of king's bench and exchequer; in which the practice of those courts does principally differ from the court of common pleas; the subsequent stages of proceedings being nearly alike in them all.

red pounds which he owes him and unjustly detains, whereby he is the less able to satisfy us the debts which he owes us at our said exchequer, as he said he can reasonably show that the same he ought to render: and have you there this writ. Witness, Sir Thomas Parker, knight, at Westminster, the sixth 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 before the barons within written, according as within it is commanded me.

SECT. 5. SPECIAL BAIL, ON THE ARREST of the DefendANT, PURSUANT TO
THIN TESTATUM CAPIAS.

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KNOW ALL MEN by these presents, that we Charles Long, of Burford, in the Bail bond to county of Oxford, gentleman, Peter IIamond of Bix, in the said county, yeo- the sherif man, and Edward Thomlinson, of Woodstock, in the said county, innholder, are held and firmly bound to Christopher Jones, esquire, sheriff of the county of Berks, in four hundred pounds of lawful money of Great Britain, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns for which payment well and truly to be made, we bind ourselves and each of us by himself *for the whole and in gross, our and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals. Dated the fifteenth day of May, in the twenty-eighth year of the reign of our sovereign lord George the Second, by the grace of God, king of Great Britain, France and Ireland, defender of the faith, and so forth, and in the year of our Lord one thousand seven hundred and fifty-five.

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The condition of this obligation is such, that if the above bounden Charles Recognizancs. Long do appear before the justices of our sovereign lord the king, at Westminster, on the morrow of the Holy Trinity, to answer William Burton, gentleman, of a plea of debt of two hundred pounds, then this obligation shall be void and of none effect, or else shall be and remain in full force and virtue. Sealed and delivered, being first duly stamped, in the presence

of

HENRY SHAW.

TIMOTHY GRIFFITH.

CHARLES LONG. [L. S.
PETER HAMOND. [L. 8.)
EDWARD THOMLINSON. [L. 8.]

You Charles Long do acknowledge to owe unto the plaintiff four hundred pounds, and you John Rose and Peter Hamond do severally acknowledge to owe unto the same person the sum of two hundred pounds a piece, to be levied upon your several goods and chattels, lands and tenements, upon condition of ball before that, if the defendant be condemned in the action, he shall pay the condemna- the commistion, or render himself a prisoner in the Fleet for the same; and, if he fail so sioner. to do, you John Rose and Peter Hamond do undertake to do it for him.

Trinity Term, 28 Geo. II.

Bers, ON a Testatum Capias from Oxfordshire against Charles Long, late Bail piece. to wit. of Burford, in the county of Oxford, gentleman, returnable on the morrow of the Holy Trinity, at the suit of William Burton, of a plea of debt of two hundred pounds:

The bail are John Rose, of Witney, in the county of Oxford, esquire, Peter Hamond, of Bix, in the said county, yeoman.

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