every County under his Jurifdiction? Or they might have fuppreffed both the Original Bill and Latitat, and have established it as a general Procefs for the Commencement of a Suit. This would have rendered the Beginning of a Suit fomewhat more intelligible: but now, whenever a Latitat is fued out, (though it be the leading Procefs in every County, except Middlefex) two Things are firft fupposed to have been done, which are, an Original Bill ingroffed and filed in the Office, and a Bill of Middlefex fued out, returned, and filed likewife; and which, in fact, seldom or never are done.

Before the Stat. 13 C. 2. there was the greatest Abufe, that can be conceived, made of the Bill of Middlefex; for thereby it was in the Power of any one Man to devour the Credit of 500, by arresting them, as was then the Practice, on this Writ for large Sums; and by never declaring, to avoid paying any Cofts to the Defendant. It even became a By-word to fay, * I'll bestow a Bill of Middlefex on fuch a one, and this meerly to vex and difquiet a Man, or mifchievously to injure and hurt him: Therefore the Intent of this Statute was to prevent frivolous and vexatious Arrefts, by ordering, that no more than 401. Bail should be taken, unlefs the true Caufe of Action was expressed in the Writ, (and this was done, as obferved, by the Ac etiam, or else they must have had Recourse to Originals out of Chancery again) and alfo by fubjecting the Plaintiff to pay Cofts (for not

* This was a Complaint made, I find, in the Time of Oliver's Ufurpation, as a Thing that had been long in Practice: how long before is hard to fay; but it is very evident that it continued until the making of this Statute.

declaring)

declaring) to the Defendant on his figning a Non pros, which the Defendant could not do before.

But this Statute was not attended with it's defired Effect and Defign, nor did it remedy thofe Evils the Act complains of; for it was as eafy to infert an Ac etiam *, where there was no true Cause of Action at all, as it was to arreft a Man before any Ac etiam was ufed; for nothing more was required by this Act than that the Writ fhould exprefs the Cause of Action So that the Abuse still continued, and it was not remedied until that excellent Statute of 12 Geo. I.

:

By the 12 Geo. 1. it is ordered, That the Plaintiff, to hold the Defendant to Bail, must first make an Affidavit of his Debt, which must be fworn to be 10l. or above, and thereby fet forth bis Caufe of Action; and if no fuch Affidavit is made and filed, the Defendant is not to be arrested, but to be ferved with a Copy of the Procefs, under which is to be an English Notice declaring the Intent of fuch Service. And this made great Alteration in the Ufe of these Proceffes, viz. That where an Affidavit of the Cause of Action is made and filed, the Writ is made out with an Ac etiam as used to be, and the Sum fworn to is indorsed on the Back, that the Sheriff may know for what to take Bail; but if no Affidavit is made, the Defendant is not to be arrested, but to be ferved with a Copy of the Procefs only: in which Cafe

*The only Check upon the Plaintiff, from ftill purfuing this iniquitous Practice, was his being fubject to pay Colts for not declaring in due Time; which Cofts at this Time, was about 10. only,

the

the Writ is made out without any Ac etiam, and the following English Notice is fubjoined.

C. D. you are ferved with this Process, to the Intent that you may, by your Attorney, appear in his Majesty's Court of King's Bench at the Return thereof, being the Day of

next, in order to your Defence in this Action.

So that our Proceffes now are as follow:

A Bill of Middlefer, when bailable.

Middlesex, to wit. The Sheriff is commanded to take C. D. and J. D. if they be found in his Bailiwick, and that he keep them fafely, fo that he may have their Bodies before our Lord the King at Westminster, on Monday next after eight Days of Saint Hilary, to anfwer to A. B. in a Plea of Trespass; † and also to a Bill

*

All Proceffes and Writs in this Court are now made returnable at a Day certain, which before were made returnable on a general Return, wherefoever, &c.

There are a great many Niceties and curious Difflinctions in the Writs in Pleadings in a Suit which often pafs unobferved. Here is one in the Ad etiam; in the Bill it is, According to the Cuftom of the Court of our faid Lord the King, before the King himself; in the Latitat it is, According to the Cuftom of Our Court before Us. The Bill is not tested, but is fuppofed to be a commandatory Precept iffued by the King's Order, and figned by his Chief Clerk, affigned to inroll Pleas before himfelf. The Latitat, and all the fubfequent Proceffes, are tefted in the Name of the Chief Justice of the Court, who are fuppofed to become policited of the Caufe upon the Sheriff's Return, and filing the Bill of Middlefex ; fed quære, if not upon filing the Original Bill.

As

a Bill of the faid A. against the said C. to be exhibited according to the Custom of the Court of our faid Lord the King before the King himself, for 207. upon Promise; and that he then have there this Precept.

By Bill,

Lee.

Indorsed on the Back, Bail by Affidavit affiled for 101,

A Bill of Middlefer, when not bailable.

Middlesex, to wit. The Sheriff, &c. (it is the fame as the other, only the Ac etiam is omitted, and the English Notice is fubjoined.) By Bill,

Lee.

C. D. You are ferved with this Process, to the Intent that you may, &c. ut fupra. So likewise is made out the Alias and Pluries Bill, with or without the Ac etiam, as for a Bill.

A Latitat, when bailable.

GEORGE the Third, by the Grace of God, &c. To the Sheriff of Berkshire, Greeting.

As the Caufe of Action is to be fworn to, according to the 12 Geo. 1. and the Affidavit is to be filed in the Office from whence, and before, the Process issues, whereby the Caufe of Action must be set forth; Quære, whether Ac etiams are not become unneceflary? The Diftinction is full enough, by indorfing the Sum fworn to, for holding the Defendant to Bail in the one Cafe, and omitting fuch Indorsement in the other. And the Caufe of Action is better fet forth by the Affidavit; befides, the Ac etiam Bille refers to a fictitious Thing.

Whereas

Whereas we lately commanded our Sheriff of Middlesex that he should take C. D. and R. R. if they might be found in his Bailiwick, and keep them fafely, so that he should have their Bodies before Us at Westminster, at a certain Day now past, to answer to A. B. in a Plea of Trefpafs; and alfo to a Bill of the faid A. against the faid C. to be exhibited according to the Custom of our Court before Us, for 207. upon Promife: And our faid Sheriff of Middlefex at that Day returned to Us, that the aforefaid C. and R. are not found in bis Bailiwick; whereupon, on the Behalf of the said A. it is fufficiently attested in our Court before Us, that the aforefaid C. and R. do run up and down and fecrete themfelves in your County. Therefore we command you, that you take them, if they may be found in your Bailiwick, and fafely keep them, fo that you may have their Bodies before Us at Westminster, on Monday next after eight Days of St. Hilary, to answer to the aforefaid A. of the Plea and Bill aforefaid, and that you have then there this IVrit before W. L. Mansfield at Weftminfter, the 28th Day of November in the first Year of our Reign.

Lee.

Indorfed on the Back, Bail by Affidavit filed for 10 l.

If the Latitat is not to hold the Defendant to Bail, then the Ac etiam and the Words and Bill are omitted therein; and the like Notice is fubjoined, and fo it is in the Alias and Pluries Latitat.

Our