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Sheriff's return.

PTo. III cusion of our realm of England, he should be outlawed if he did not aj

pear; 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 twentyeighth year of our reign.

By virtue of this writ to me directed, at my county court held at Oxford, Proclamari jeci. in the county of Oxford, on Thursday the twenty-sixth day of June, in the

twenty-ninth year of the reign of the Lord the 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. Capias utla- 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 Berk. shire, 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 Oxfordshire 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 *xviii.] Þailiwick; and him safely keep, so that you may * have his body before our

justices 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. Cepi corpus. named Charles Long; which I have ready at the day and place within con.

tained, according as by this writ it is commanded me.

gatum.

Sheriff's return.

Sect. 3. 4 BILL OF MIDDLESEX, AND LATITAT THEREUPON IN THE COURT OF

KING's Bench. Bill of Middlesex Middlesex, 1 Tue Sheriff is commanded that he take Charles Long, late

} to wit. of 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 the King at Westminster, on Wednesday next after fifteen days of Ac etiam in debt. Easter, to answer William Burton, gentleman, of a plea of trespass ; (AND

Also to a bill of the said William against the aforesaid Charles, for two hun dred pounds of debt, according to the custom of the court of the said Lord the King, before the King himself to be exhibited;] and that he have there

then this precept. Sheriff's return. The within-named Charles Long is not found in my bailiwick.. Lalilut.

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,

4 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 that

of the court of Common Pleas, the subsequent stages of proceeding being nearly alike in them all.

Non cst inventus.

if he might be found in his bailiwick, and him safely keep, so that he inight No. III 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 Ac etiam. 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 [*xix. 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-Sheriff's return named Charles Long, which I have ready at the day and place within con

Cepi corpus. tained, 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 hundred 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 saith that 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-Sheriff's return. named Charles Long, which I have ready before the barons within written, Cepi corpus. according as within it is commanded me.

sheriff.

Sect. 5. SPECIAL BAIL, ON THE ARREST OF THE DEFENDANT, PURSUANT TO THE

TESTATUM Capias, in page xiv. KNOW ALL MEN, by these presents, that we, Charles Long, of Burford, in the Bail-bond to the county of Oxford, gentleman, Peter Hamond, of Bix, in the said county, yeoman, 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, [*xx. 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.

Tue condition of this obligation is such, that if the above-bounden Charles 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 yirtue. Sealed and delivered, being first duly. CHARLES LONG.

(L.S.)
stamped, in the presence of

PETER HAMOND. (L.S.)
HENRY SHaw. EDWARD THoulinson. (L.s.)
Timothy GRIFFITI.

bail before the commissioner.

No. III. You Charles Long do acknowledge to owe unto the plaintiff four hundred

pounds, and you John Rose and Peter IIamond do severally acknowledge Recognizance of

to owe unto the same person the sum of two hundred pounds apiece, to be levied upon your several goods and chattels, lands and tenements, UPON CONDITION that, if the defendant be condemned in the action, he shall pay the condemnation, or render himself a prisoner in the Fleet for the same; and, if he fail so to do, you John Rose and Peter Hamond do undertake to do it for him.

}

}

Writ of error.

Trinity Term, 28 Geo. II. Sail-piece.

Berks, , On a Testatum Capias from Oxfordshire against Charles Long,

to wit. late 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.
RICHARD.Price, attorney
for the defendant,

The party himself in 4001.

Each of the bail in 2001.
Taken and acknowledged the twenty-eighth

day of May, in the year of our Lord one
thousand seven hundred and fifty-five, de
bene esse, before me,

ROBERT GROVE,

one of the commissioners. **81.]

*Sect. 6. THE RECORD AS REMOVED BY WRIT OF ERROR. THE LORD the King hath given in charge to his trusty and beloved Sir John Willes, Knight, his writ closed in these words : GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth: to our trusty and beloved Sir John Willes, Knight, greeting. Because in the record and process, and also in the giving of judgment of the plaint, which was in our court before you and your fellows, our justices of the bench, by our writ between William Burton, gentleman, and Charles Long, late of Burford, in the county of Oxford, gentleman, of a certain debt of two hundred pounds, which the said William demands of the said Charles, manifest error hath intervened, to the great damage of him the said William, as we from his complaint are informed ; we being willing that the error, if any there be, should be corrected in due manner, and that full and speedy justice should be done to the parties aforesaid in this, behalf, do command you, that if judgment thereof be given, then under your seal you do distinctly and openly send the record and process of the plaint aforesaid, with all things concerning them, and this writ; so that we may have them from the day of Easter in fifteen days, wheresoever we shall then be in England; that the record and process aforesaid being inspected, we may cause to be done thereupon, for correcting that error, what of right and according to the law and custom of our realm of England ought to be done. Witness ourself at Westminster,

the twelfth day of February, in the twenty-ninth year of our reign. Chief-justice's re- The record and process whereof in the said writ mention above is made,

follow in these words, to wit:-
Pleas at Westminster before Sir John Willes, Knight, and his brethren,

justices of the bench of the Lord the King at Westminster, of the term
of the Holy Trinity, in the twenty-eighth year of the reign of the Lord
GEORGE the Second, by the grace of God, of Great Britain, France, and
Ireland King, Defender of the Faith, &c.
Oxon,
to wit.

Charles Long, late of Burford, in the county aforesaid, gentle }

man, was summoned to answer William Burton, of Yarnton in the said county, gentleman, of a plea that he render unto him two hundred Declaration, or pounds, which he owes him and unjustly detains, [as he saith.) AND eunt, on a bond. WHEREUPOn the said William, by Thomas Gough, his attorney, complains,

*xxii.] that whereas on the first day of December, in the year of our Lord *one

turn.

The record.

Writ.

the bond and con

1

thousand seven hundred and fifty-four, at Banbury in this county, the said No. III.
Charles by his writing obligatory did acknowledge himself to be bound to
the said William in the said sum of two hundred pounds of lawful money
of Great Britain, to be paid to the said William whenever after the said
Charles should be thereto required; nevertheless the said Charles (although
often required) hath not paid to the said William the said sum of two hun-
ured pounds, nor any part thereof, but hitherto altogether hath refused,
and doth still refuse, to render the same; wherefore he saith that he is in-
jured and hath damage to the value of ten pounds: and thereupon he
brings suit, (and good proof] And he brings here into court the writing Profert in cura
obligatory aforesaid ; which testifies the debt aforesaid in form aforesaid;
the date whereof is the day and year before mentioned. And the afore- Defence.
said Charles, by Richard Price his attorney, comes and defends the
force and injury when (and where it shall behoove him,) and craves oyer
of the said writing obligatory, and it is read unto him (in the form afore-
said:] he likewise craves oyer of the condition of the said writing, and it is Oyer prayed of
read unto him in these words : “ The condition of this obligation is such,

dition,-viz., to
that if the above-bounden Charles Long, his heirs, executors, and adminis- perform an
trators and every of them, shall and do from time to time, and at all award.
times hereafter, well and truly stand to, obey, observe, fulfil, and keep the
award, arbitrament, order, rule, judgment, final end, and determination
of David Stiles, of Woodstock, in the said county, clerk, and Henry Bacon,
of Woodstock aforesaid, gentleman, (arbitrators indifferently nominated
and chosen by and between the said Charles Long and the above-named
William Burton, to arbitrate, award, order, rule, judge, and determine of
all and all manner of actions, cause or causes of action, suits, plaints,
debts, duties, reckonings, accounts, controversies, trespasses, and demands
whatsoever had, moved, or depending, or which might have been had,
moved, or depending, by and between the said parties, for any matter,
cause, or thing, from the beginning of the world until the day of the date
hereof,) which the said arbitrators shall make and publish, of or in the
premises, in writing under their hands and seals, or otherwise by word of
mouth in the presence of two credible witnesses, on or before the first day
of January next ensuing the date hereof; then this obligation to be void
and of none effect, or else to be and remain in full force and virtue.”
Wucu being read and heard, the said Charles prays leave to imparl therein Imparlance.
here until the octave of the Holy Trinity ; and it is granted unto him.
The same day is given to the said William Burton, here, &c. At which day, Continuance.
to wit, on the octave of the Holy Trinity, here come as well the said William
Burton as the said Charles Long, by their attorneys aforesaid; and here-
upon the said William *prays that the said Charles may answer to his writ [*xxiii.
and count aforesaid. And the aforesaid Charles defends the force and in- Plea: No such
jury, when, &c., and saith that the said William ought not to have or
maintain his said action against him; because he saith, that the said David
Stiles and Henry Bacon, the arbitrators before named in the said condition,
did not make any such award, arbitrament, order, rule, judgment, final end,
or determination, of or in the premises above specified in the said condition,
on or before the first day of January, in the condition aforesaid above men-
tioned, according to the form and effect of the said condition: and this he
is ready to verify. Wherefore he prays judgment, whether the said William
ought to have or maintain his said action thereof against him (and that he
may go thereof without a day.) And the aforesaid William saith that for any Replication, seb
thing above alleged by the said Charles in pleadings he ought not to be pre- ting forth an
cluded from having his said action thereof against him; because he saith,
that after the making of the said writing obligatory, and before the said
first day of January, to wit, on the twenty-sixth day of December, in the
year aforesaid, at Banbury aforesaid, in the presence of two credible wit-
nesses, namely, John Dew, of Chalbury, in the county aforesaid, and
Richard Morris, of Wytham, in the county of Berks, the said arbitrators
undertook the charge of the award, arbitrament, order, rule, judgment,
final end, and determination aforesaid, of and in the premises specified in
the condition aforesaid; and then and there made and published their
award by word of mouth in manner and form following: that is to say, the
said arbitrators did award, order, and adjudge that he the said Charles
Long should forthwith pay to the said William Burton the sum of seventy-
five pounds, and that thereupon all differences between them at the time
of the making the said writing obligatory should finally cease and deter-
mine. An, the said William further saith, that although he afterwards, to

award.

Demurrer.

rer.

murrer.

Nu. III.

wit, on the sixth day of January, in the year of our Lord one thousana seven hundred and fifty-five, at Banbury aforesaid, requested the said

Charles to pay to him the said William the said seventy-five pounds, yet Protestando (by protestation that the said Charles hath not stood to, obeyed, observed

fulfilled, or kept any part of the said award, which by him the said Charles ought to have been stood to, obeyed, observed, fulfilled, and kept) for further plea therein he saith, that the said Charles the said seventy-five pounds to the said William hath not hitherto paid; and this he is ready to verify. Wherefore he prays judgment, and his debt aforesaid, together with his damages occasioned by the detention of the said debt, to be adjudged unto him, &c. And the aforesaid Charles saith, that the plea aforesaid by him the said William in manner and form aforesaid above in his

replication pleaded, and the matter in the same contained, are in no wise *xxiv.] sufficient in *law for the said William to have or maintain his action afore

said thereupon against him the said Charles; to which the said Charles hath no necessity, neither is he obliged, by the law of the land, in any manner to answer; and this he is ready to verify. Wherefore, for want of a sufficient replication in this behalf, the said Charles, as aforesaid, prays judgment, and that the aforesaid William may be precluded from having

his action aforesaid thereupon against him, &c. And the said Charles, acCauses of demur-cording to the form of the statute in that case made and provided, shows

to the court here the causes of demurrer following, to wit: that it doth not appear, by the replication aforesaid, that the said arbitrators made the same award in the presence of two credible witnesses on or before the said first day of January, as they ought to have done, according to the form and

effect of the condition aforesaid ; and that the replication aforesaid is unJoinder in de certain, insufficient, and wants form. And the aforesaid William saith, that

the plea aforesaid by him the said William in manner and form aforesaid above in his replication pleaded, and the matter in the same contained, are good and sufficient in law for the said William to have and maintain the said action of him the said William thereupon against the said Charles; which said plea, and the matter therein contained, the said William is ready to verify and prove as the court shall award: and because the aforesaid Charles hath not answered to that plea, nor hath he hitherto in any manner denied the same, the said William as before prays judgment, and

his debt aforesaid, together with his damages occasioned by the detention Continuances. of that debt, to be adjudged unto him, &c. AND BECAUSE the justices here

will advise themselves of and upon the premises before they give judgment thereupon, a day is thereupon given to the parties aforesaid here, until the morrow of All Souls, to hear their judgment thereupon, for that the said justices here are not yet advised thereof. At which day here come as well the said Charles as the said William, by their said attorneys; and because the said justices here will farther advise themselves of and upon the premises before they give judgment thereupon, a day is farther given to the parties aforesaid here until the octave of Saint Hilary, to hear their judgment thereupon, for that the said justices here are not yet advised thereof.

At which day here come as well the said William Burton as the said Charles Opinion of the Long, by their said attorneys. WHEREFORE, the record and matters afore

said having been seen, and by the justices here fully understood, and all

and singular the premises being examined, and mature deliberation being Replication in. had thereupon ; for that it seems to the said justices here that the said ples

of the said William Burton before in his replication pleaded, and the mat

ter therein contained, are not sufficient in law to have and maintain the *xxv.]

action of the aforesaid William against the aforesaid Charles ; THEREFORE IT

IS CONSIDERED, that the aforesaid William *take nothing by his writ aforeJudgment for the

said, but that he and his pledges of prosecuting, to wit, John Doe and Qurrens nihil ca. Richard Roe, be in mercy for his false complaint; and that the aforesaid prat per lurpe. Charles go thereof without a day, &c. AND IT IS FARTHER CONSIDERED, that

the aforesaid Charles do recover against the aforesaid William eleven pounds and seven shillings, for his costs and charges by him about his defence in this behalf sustained, adjudged by the court here to the said Charles with his consent, according to the

form of the statute in that case made and proxecution. vided : and that the aforesaid Charles may have execution thereof, &c. General error as- AFTERWARDS, to wit, on Wednesday next after fifteen days of Easter in signed.

this same term, before the Lord the King, at Westminster, comes the aforesaid William Burton, by Peter Manwaring, his attorney, and saith, that in the record and process aforesaid, and also in the giving of the judgment in

the plaint aforesaid, it is manifestly erred in this, to wit, that the judgment

court

sufficient.

defendant.

Amercement.

Costs.

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