Charles Newman his Attorney, comes and defends the N°. IX. Force and Injury, when [and where it fhall behove

him;] and faith that he is in no wife guilty of the Tref- Plea, Not Guilty. pafs and Ejectment aforefaid, as the faid Richard above complains against him; and thereof he puts himself upon Iffue. the Country; and the said Richard doth likewife the

fame: Therefore let a Jury come thereupon before the Venire awarded. Lord the King, on the Octave of the Purification of the Bleffed Virgin Mary, wherefoever he fhall then be in England; who neither [are of Kin to the faid Richard, nor to the faid George ;] to recognize [whether the faid George be guilty of the Trefpafs and Ejectment aforefaid :] Because as well [the faid George, as the faid Richard, between whom the Difference is, have put themselves on the faid Jury.] The fame Day is there given to the Parties aforefaid. Afterwards the Procefs therein, being conti- Refpite, for Denued between the faid Parties of the Plea aforefaid by fault of Jurors. the Jury, is put between them in Refpite, before the Lord the King, until the Day of Eafter, in fifteen Days, where foever the faid Lord the King shall then be in England; unless the Juftices of the Lord the King affigned to Nifi Prias. take Affifes in the County aforefaid, fhall have come before that time, to wit, on Monday the eighth Day of March, at Reading in the faid County, by the form of the Statute [in that cafe provided,] by reafon of the Default of the Jurors, [fummoned to appear as aforefaid.] At which Day before the Lord the King, at Weftminster, come the Parties aforefaid by their Attorneys aforefaid; and the aforefaid Juftices. of Affife, before whom [the Jury aforefaid came,] fent here their Record before them had in these Words, to wit: Afterwards, at the Day and Place within contained, be- Poftea. fore Heneage Legge, Efquire, one of the Barons of the Exchequer of the Lord the King, and Sir John Eardly Wilmot, Knight, one of the Juftices of the faid Lord the King, affigned to hold Pleas before the King himself, Juftices of the faid Lord the King, affigned to take Affifes in the County of Berks by the form of the Statute [in that case provided,] come as well the within named Richard Smith, as the within written George Saunders, by their Attorneys within contained; and the Jurors of the Jury whereof Mention is within made being called, certain of them, to wit, Charles Holloway, John Hooke, Peter Graham, Henry Cox, William Browne, and Francis Oakly, come, and are fworn upon that Jury: And because the reft of the Jurors

of

N°. IX.

Tales de Circum-
Bantibus.

Plaintiff.

of the fame Jury did not appear, therefore others of the Bystanders being chofen by the Sheriff, at the Requeft of the faid Richard Smith, and by the Command of the Juftices aforefaid, are appointed a-new, whofe Names are affixed to the Panel within written, according to the Form of the Statute in fuch Cafe made and provided; which faid Jurors fo appointed a-new, to wit, Roger Bacon, Thomas Small, Charles Pye, Edward Hawkins, Samuel Roberts, and Daniel Parker, being likewife called, come; and, together with the other Jurors aforefaid before impanelled and fworn, being elected, tried, and fworn, to speak the Truth of the Matter within contained, upon their Oath fay, that Verdict, for the the aforefaid George Saunders is guilty of the Trefpafs and Ejectment within-written, in Manner and Form as the aforefaid Richard Smith within complains against him; and affefs the Damages of the faid Richard Smith, on Occasion of that Trefpafs and Ejectment, befides his cofts and Charges which he hath been put unto about his Suit in that Behalf, to twelve Pence: and, for thofe Cofts and Charges, to forty Shillings. Whereupon the said Richard Smith, by his Attorney aforefaid, prayeth Judgment againft the faid George Saunders, in and upon the Verdict aforefaid by the Jurors aforefaid given in the Form aforefaid: And the faid George Saunders, by his Attorney aforefaid, faith that the Court here ought not to proceed to give Judgment upon the said Verdict, and prayeth that Judgment againft him the faid George Saunders, in and upon the Verdict aforefaid by the Jurors aforefaid given in the Form aforefaid, may be stayed, by reason that the faid Verdict is infufficient and erroneous, and that the fame Verdi& may be quashed, and that the Iffue aforefaid may be tried a-new by other Jurors to be afresh impanelled. And, because the Court of the Lord the King here is not yet advised of giving their Judgment of and upon the Premifes, 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 Premifes, 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 seen, and by the Court of the Lord the King now here fully understood,

Motion in Arreft of Judgment.

Continuance,

and

No. IX.

Court.

4

and all and fingular the Premises having been examined, and mature Deliberation being had thereupon, for that it feems to the Court of the Lord the King now here that Opinion of the 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, Therez Judgment, for the fore it is conûdered, that the said Richard do recover Plaintiff. against the faid George his Term yet to come, of and in the faid Tenements, with the Appurtenances, and the said Damages affeffed by the faid Jury in Form aforefaid, and also twenty feven Pounds fix Shillings and eight Pence for Cofts. 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, seven Shillings,

and eight Pence. And let the faid George be taken, [until Capiatur pro Fine. he maketh Fine to the Lord the King.] and hereupon Writ of Poffefthe faid Richard by his Attorney aforefaid prayeth a Writ fion, of the Lord the King, to be directed to the Sheriff of the County aforefaid, to caufe 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 shall then be in England. At which Day before the Lord the King, at Westminster, cometh the faid Richard by his Attorney afore- and Return. faid; and the Sheriff, that is to fay, Sir Thomas Reeve, Knight, now fendeth, that he by virtue of the Writ aforefaid to him directed, on the ninth Day of June last past, did cause 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,

No. X.

Praccipe.

No. X.

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 Sheriff of Oxfordfhire, 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 faith. And unless he shall fo do, and if the faid William fhall make you fecure of profecuting his Claim, then fummon by good Summoners the aforefaid Charles, that he be before our Juftices at Weftminster, on the Octave of Saint Hilary, to fhew wherefore he hath not done it. And have you there then the Summoners, and this Writ. witnefs Ourself at Weftminster, the twenty fourth Day of December, in the twenty eighth Year of our Reign.

Sheriff's Return, Pledges of

Attachment.

Pone

Profecution,

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. But by Gage and fafe Pledges Charles Long, late of Furford, Gentleman, that he be before our Juftices at Weftminfier 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 where

fore

fore he was not before our Juftices at Westminster on the Octave of Saint Hilary, as he was fummoned. And have there then the Names of the Pledges and this Writ. Wits nefs 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 is S Edward Leigh.
attached by Pledges,
Robert Tanner.

No. X.

Sheriff's Return.

GEDBGE the fecond by the Grace of God of Diftringas. Great 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 Westminster from the Day of Eafter in fifteen Days, to anfwer 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. Witnefs Sir John Willes, Knight, at Weftminster, the twelfth day of February in the twenty eighth Year of our Reign.

Nibil.

The within-named Charles Long hath nothing in my Sheriff's Return; Bailiwick, whereby he may be d.ftreined.

dendum,

GEORGE the fecond by the Grace of God of Capias ad refpon Great Britain, France, and Ireland King, Defender of the Faith, and fo 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 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. Ditnes Sir John Willes,

Knight,