And whenever the Iffue is made up of a Term fubfequent to the Declaration, the Plea is entered with an Imparlance before it, thus:

Berks. ff. Be it remembered, that in Hilary Term laft paft, before our Lord the King at Westminster, came A. B. by R. B. his attorney, and brought into the Court of our faid Lord the King then there his Bill against C. D. being in the Cuftody, &c. The Rest as in the former one, then the Plea with the Imparlance. And now at this Day, (that is to fay)

next after

(the firft Return of that Term the Iffue is made up) in this fame Term, to which Day the said C. bad Leave to imparle to the Bill aforefaid, and then to answer the fame before our Lord the King at Westminster, came as well the aforefaid A. by his Attorney aforefaid, as the faid C. by E. F. his Attorney; and the faid C. defends the Force and Injury, when,

c. and faith that The Plea verbatim, with the Award of the Venire as before.

This Imparlance was formerly used in all Cafes, because in all Cafes the Defendant was intitled to it; and it was then ufual to enter fuch Imparlance before the Plea upon the Plea Roll, and which of courfe was of the very Term the Plea came in; and fo when they came to tranfcribe the Nifi prius Roll from the Plea Roll, the Imparlance of course appeared to be of the Term the Plea came in, and thereby discovered the Term in which the Iffue was joined; and as the Plaintiff could not alter thefe Entries, they were

frequently

frequently obliged to make up the Nifi prius Roll from an old Iffue; in which Cafe there were claimed extra Fees by the Clerk of the Dockets and Clerk of the Treasury, for Poft Term and a Poft Roll, &c, But

when these Entries on the Roll were laid afide, and Attornies delivered their Pleadings in Paper, then they delivered the Plea without any Imparlance before it, on purpose that the Plaintiff's Attorney might make the Entry of the Imparlance of the fame Term he made up the Iffue, (though the Plea was two or three Terms before then) and thereby preferve it from be ing an old Iffue, in order to avoid paying fuch Exactions: For Inftance, the Declaration was of Easter Term, and the Plea of Trinity; the Iffue was made up of Hilary following, and the Imparlance to the fame Term; but it is faid this Practice is not warranted by the Proceedings. See more of Imparlances ante, p.

The Memorandum is to fhew when the Bill was filed, or fuppofed to be fo; and the Imparlance, when the Plea came in, But of what neceffary Ufe is either? The Court of Common Pleas ufes neither one nor t'other, as we fhall fee; and it is very evident by what was obferved before, that the Ufe of the Entry of the Imparlance in this Court, only tends to create an Expence in the Suit, not only in lengthening the Iffue, but in unneceffary Fees to the Officers, and also by multiplying Continuances on the Judgment Roll, which ought to be avoided, for the Sake of Plainnefs and Perfpicuity,

Df making up an Iffue in the Common Pleas.

The Ifue in the Common Pleas was anciently tranfcribed from the feveral Rolls made ufe of in this Court; as the Appearance Roll, the Imparlance Roll, the Plea Roll, &c. from which they made up the Iffue Roll; from which Rolls Copies were used to be taken for the Parties out of the Prothonotaries Office. And though the Proceedings are now carried on by the Attornies by Paper Copies, as in the King's Bench, where they first begun it, and introduced the. fame Practice in this Court; yet upon paffing the Record with the Prothonotary, or upon figning a Non pros, entering a Difcontinuance, &c. the Prothonotary is ftill paid for the Entries, as if entered on his Rolls by his Clerks; and this, though no Roll be yet in the Office,

Therefore the Iffue is now made up by the Attorney, by only copying over all the Plead ings in due Course and Order; as first, the Declaration, then the Plea, then the Replication, &c. and after all, the Award of the Venire. This is joining the Iffue in a very fimple and plain Manner, without any unneceffary or intermediate Entry, which is prefumed to be no Part of the Pleadings, as the Entry of the Memorandum before the Declaration, and the Imparlance before the Plea in the King's Bench, thus:

Jones

Jones

Hilary Term, in the

Year of the Reign of King George the fecond.

Berkshire, to wit. C. D. late of W. in the faid County, Yeoman, was attached to answer to A. B. in a Plea of Trefpafs on the Cafe, 3c. and whereupon the faid A. by R. B. his Attorney complains, that whereas the faid C. &c. fo on to the End of the Declaration, and then the Plea in a new Line, thus: And the faid C. by E. F. his Attorney, comes and defends the Force and Injury, when, &c. and faith that (the Plea Verbatim, and then in a new Line, each fubfequent Pleading, if any) And of this he puts himself upon the Country, and the faid A. doth the like; (then follows the Award of the Venire) Therefore the Sheriff is commanded, that he caufe to come here, on the Morrow of the Purification of the Blessed Mary, twelve, &c. by whom, &c. and who neither, &c. to recognize, &c. becaufe as well, &c..

Or they award the Venire in Words at Length, viz.

Therefore the Sheriff is commanded that he caufe to come here, on the Morrow of the Purification of the Bleffed Mary, twelve free and lawful Men of the Body of his County, each of whom having 101. a Year at the ieast in Lands, Tenement, or Rents, by whom the Truth of the Matter may be the better known, and who are in no wife of Kin either to the

faid A. or to the faid C. to make a certain Jury of the Country between the Parties aforė= faid, of the Plea aforefaid, to recognize upon their Oath the whole Truth of the Premiffess becaufe as well the faid A. as the faid B. be tween whom the Difference is, have put themfelves upon that Jury.

*

The Dies datus, which is added in the King's Bench, is not used at all in the Common Pleas, on the Return of the Venire, at this Time; nor do they give a Dies datus even on the Award of the Habeas Corpora, which is eafily accounted for: And therefore why it is not used on either in the Common Pleas, and in the King's Bench on both, will be better confidered in fpeaking of the Jury Proceffes, where the Reafon for this Omiffion in the Common Pleas will appear.

Though the Form of the Writ of Venire itfelf (except the Return) is the very fame in both Courts, yet you fee the Award thereof, in the Common Pleas, is much more full than the Award thereof in the King's Bench. Now if we have Refpect to the Court the Writ is awarded by, and made returnable in, we may eafily account from whence this Difference arofe: As for Inftance, in the King's Bench the Writ is fuppofed to be awarded immediately

* A Dies datus is a Day, or Time of Refpite, given by the Court to the Parties, from that Day to the Day given for them to appear again, and is ufed upon feveral Occafions; and wherefoever fuch a Time of Refpite is given, feems proper for a Dies datus to be entered.

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