No. I.

Return.

Election of the recogni

tors.

The same day is given as well to the said William Kent as to the said Richard Allen here, &c. At which day here come as well the said William Kent, as the said Richard Allen; and the sheriff, to wit, Sir Adam Alstone, Knight, now returns, that he had caused to be summoned Charles Stephens, Randel Wheler, Toby Cox, and Thomas Mun[*vi] day, four lawful knights of his county, girt with swords, by John Doe and Richard Roe his bailiffs, to be here at the said octaves of Saint Hilary, to do as the said writ thereof commands and requires; and that the said summoners, and each of them, are mainprized by John Day and James Fletcher. Whereupon the said Charles Stephens, Randel Wheler, Toby Cox, and Thomas Munday, four lawful knights of the county aforesaid, girt with swords, being called, in their proper persons come, and being sworn upon their oath in the presence of the parties aforesaid, chose of themselves and others twenty-four, to wit, Charles Stephens, Randel Wheler, Toby Cox, Thomas Munday, Oliver Greenway, John Boys, Charles Price, knights; Daniel Prince, William Day, Roger Lucas, Patrick Fleming, James Harris, John Richardson, Alexander Moore, Peter Payne, Robert Quin, Archibald Stuart, Bartholomew Norton, and Henry Davis, esquires; John Porter, Christopher Ball, Benjamin Robinson, Lewis Long, William Kirby, gentlemen, good and lawful men of the county aforesaid, who neither are of kin to the said William Kent nor to the said Richard Allen, to make recognition of Venire facias. the grand assize aforesaid. THEREFORE it is commanded the sheriff, that he cause them to come here from the day of Easter in fifteen days, to made the recognition aforesaid. The same day is there given to the parties aforesaid. At which day here come as well the said William Kent as the said Richard Allen, by their attornies aforesaid, and the recognitors of the assize, whereof mention is made above, being called come, and certain of them, to wit, Charles Stephens, Randel Wheler, Toby Cox, Thomas Munday, Charles Price, knights; Daniel Prince, Roger Lucas, William Day, James Harris, Peter Payne, Robert Quin, Henry Davis, John Porter, Christopher Ball, Lewis Long, and William Kirby, being elected, tried, and sworn upon their oath say, that the said William Kent hath more right to have the tenements aforesaid with the appurtenances to him and his heirs, as he demandeth the same, than the said Richard Allen to hold the same as he now holdeth them, according as the said William Kent by his writ aforesaid hath supposed. THEREFORE IT IS CONSIDERED, that the said William Kent do recover his seisin against the said Richard Allen of the tenements aforesaid, with the appurtenances, to him and his heirs, quit of the said Richard Allen and his heirs for ever: and the said Richard Allen in mercy, &c.

Recognitors

sworn.

Verdict for the demand. ant.

Judgment.

[ *vii]

Si fecerit te

securum.

Sheriff's return.

*No. II.

Proceedings on an Action of Trespass in Ejectment, by Original, in the King's Bench.

Sect. 1. The Original Writ.

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. Ir Richard Smith shall give you security of prosecuting his claim, then put by gage and safe pledges William Stiles, late of Newbury, gentleman, so that he be before us on the morrow of AllSouls, wheresoever we shall then be in England, to show wherefore with force and arms he entered into one messuage with the appurtenances, in Sutton, which John Rogers, Esquire, hath demised to the aforesaid Richard, for a term which is not yet expired, and ejected him from his said farm, and other enormities to him did, to the great damage of the said Richard, and against our peace. And have you there the names of the pledges and this writ. WITNESS ourself at Westminster, the twelfth day of October, in the twenty-ninth year of our reign. Pledges of JOHN DOE. The within-named JOHN DEN. prosecution, RICHARD ROE. William Stiles is atRICHARD FEN.

tached by pledges.

Sect. 2. Copy of the Declaration against the casual Ejector, who gives No. II. Notice thereupon to the Tenant in Possession.

Michaelmas, the 29th of King George the Second.

Berks, WILLIAM STILES, late of Newbury in the said county, gentle- Declaration. to wit. man, was attached to answer Richard Smith, of a plea, wherefore with force and arms he entered into one messuage, with the appurtenances, in Sutton in the county aforesaid, which John Rogers, Esquire, demised to the said Richard Smith for a term which is not yet expired, and ejected him from his said farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the Lord the King, &c. And whereupon the said Richard by Robert Martin his [ *viii ] attorney complains, that whereas the said John Rogers, on the first day of October, in the twenty-ninth year of the reign of the Lord the King that now is, at Sutton aforesaid, had demised to the same Richard the tenement aforesaid, with the appurtenances, to have and to hold the said tenement, with the appurtenances, to the said Richard and his assigns, from the Feast of Saint Michael the Archangel then last past, to the end and term of five years from thence next following and fully to be complete and ended, by virtue of which demise the said Richard entered into the said tenement, with the appurtenances, and was thereof posзessed; and the said Richard being so possessed thereof, the said William afterwards, that is to say, on the said first day of October in the said twenty-ninth year, with force and arms, that is to say, with swords, staves, and knives, entered into the said tenement, with the appurtenances, which the said John Rogers demised to the said Richard in form aforesaid for the term aforesaid, which is not yet expired, and ejected the said Richard out of his said farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the said Lord the King; whereby the said Richard saith, that he is injured and damaged to the value of twenty pounds. And thereupon he brings suit, &c.

MARTIN, for the plaintiff,
PETERS, for the defendant.

Mr. GEORGE SAUNDERS,

Pledges of JOHN DOE,
prosecution. RICHARD ROE.

pre

I am informed that you are in possession of, or claim title to, the mises mentioned in this declaration of ejectment, or to some part thereof; and I, being sued in this action as a casual ejector, and having no claim or title to the same, do advise you to appear next Hilary Term in his Majesty's Court of King's Bench at Westminster, by some attorney of that Court, and then and there, by a rule to be made of the same Court, to cause yourself to be made defendant in my stead; otherwise I shall suffer judgment to be entered against me, and you will be turned out of possesYour loving friend,

sion.

Notice.

5th January, 1756.

WILLIAM STILES.

[ *ix]

*Sect. 3. The Rule of Court.

messuage

with

Hilary Term, in the twenty-ninth Year of King GEORGE the Second. Berks, IT IS ORDERED by the Court, by the assent of both parties, and Smith against to wit. their attornies, that George Saunders, Gentleman, may be made Stiles, for one defendant, in the place of the now defendant, William Stiles, and shall the appurteimmediately appear to the plaintiff's action, and shall receive a declara- nances in Suttion in a plea of trespass and ejectment of the tenements in question, and ton, on the deshall immediately plead thereto Not Guilty: and, upon the trial of the mise of John Rogers. issue, shall confess lease, entry, and ouster, and insist upon his title only. And if upon the trial of the issue, the said George do not confess lease, entry, and ouster, and by reason thereof the plaintiff cannot prosecute his writ, then the taxation of costs upon such non pros. shall cease, and the said George shall pay such costs to the plaintiff, as by the Court of VOL. II.

48

No. II.

[*x]

count.

our Lord the King here shall be taxed and adjudged, for such his default in non-performance of this rule; and judgment shall be entered against the said William Stiles, now the casual ejector, by default. And it is further ordered, that if upon the trial of the said issue a verdict shall be given for the defendant, or if the plaintiff shall not prosecute his writ upon any other cause than for the not confessing lease, entry, and ouster as aforesaid, then the lessor of the plaintiff shall pay costs, if the plaintiff himself doth not pay them.

MARTIN, for the plaintiff,
NEWMAN, for the defendant.

Sect. 4. The Record.

By the Court.

PLEAS before the Lord the King at Westminster, of the Term of Saint Hilary, in the twenty-ninth 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.

Berks, GEORGE SAUNDERS, late of Sutton in the county aforesaid, gentleto wit. man, was attached to answer Richard Smith, of a plea, wherefore with force and arms he entered into one messuage, with the appurtenances, in Sutton, which John Rogers, Esq., hath demised to the said Richard for a term which is not yet expired, and ejected him from his said farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the Lord the King that *now is. AND Declaration, or WHEREUPON the said Richard by Robert Martin, his attorney, complains, that whereas the said John Rogers on the first day of October in the twenty-ninth year of the reign of the Lord the King that now is, at Sutton aforesaid, had demised to the same Richard the tenement aforesaid, with the appurtenances, to have and to hold the said tenement, with the appurtenances, to the said Richard and his assigns, from the feast of Saint Michael the Archangel then last past, to the end and term of five years from thence next following and fully to be complete and ended; by virtue of which demise the said Richard entered into the said tenement, with the appurtenances, and was thereof possessed: and, the said Richard being so possessed thereof, the said George afterwards, that is to say, on the first day of October in the said twenty-ninth year, with force and arms, that is to say, with swords, staves, and knives, entered into the said tenement with the appurtenances, which the said John Rogers demised to the said Richard in form aforesaid for the term aforesaid, which is not yet expired, and ejected the said Richard out of his said farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the said Lord the King; whereby the said Richard saith that he is injured and endamaged to the value of twenty pounds: and thereupon he brings suit, [and good proof.] AND the aforesaid George Saunders, by Charles Newman, his attorney, comes and defends the force and injury, when [and where it shall behove him ;] Plea, not guil- and saith that he is in no wise guilty of the trespass and ejectment aforety. said, as the said Richard above complains against him; and thereof he puts himself upon the country; and the said Richard doth likewise the Venire award- same; THEREFORE let a jury come thereupon before the Lord the King, on the octave of the purification of the blessed Virgin Mary, wheresoever he shall then be in England, who neither [are of kin to the said Richard, nor to the said George,] to recognize [whether the said George be guilty of the trespass and ejectment aforesaid;] because as well [the said George as the said Richard, between whom the difference is, have put themselves on the said jury.] The same day is there given to the Respite, for de- parties aforesaid. AFTERWARDS the process therein, being continued fault of jurors. between the said parties of the plea aforesaid by the jury, is put between Nisi prius. them in respite, before the Lord the King, until the day of Easter in fifteen days, wheresoever the said Lord the King shall then be in England; unless the justices of the Lord the King assigned to take assises in the county aforesaid, shall have come before that time, to wit, on Monday the eighth day of March, at Reading in the said county, by the form of the statute [in that case provided], by reason of the default of

Defence.

Issue.

ed.

No. II.

[ *xi]

Tales de circumstantibus

the jurors, [summoned to appear as aforesaid.] At which day before the Lord the King, at Westminster, come the parties aforesaid by their attornies aforesaid; and the aforesaid justices of assise, before whom (the jury aforesaid came,] sent here their record before them, had in these words, to wit, AFTERWARDS, at the day and place within contained, be- Postea. fore Heneage Legger, Esquire, one of the Barons of the Exchequer of the Lord the King, and Sir John Eardley Wilmot, Knight, one of the justices of the said Lord the King, assigned to hold pleas before the King himself, justices of the said Lord the King, assigned to take assises 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 attornies 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 Brown, and Francis Oakley, come, and are sworn upon tha jury; and because the rest of the jurors of the same jury did not appear, therefore others of the by-standers being chosen by the sheriff, at the request of the said Richard Smith, and by the command of the justices aforesaid, are appointed anew, whose names are affixed to the panel within written, according to the form of the statute in such case made and provided; which said jurors so appointed anew, to wit, Roger Bacon, Thomas Small, Charles Pye, Edward Hawkins, Samuel Roberts, and Daniel Parker, being likewise called, come; and together with the other jurors aforesaid before impanelled and sworn, being elected, tried, and sworn, to speak the truth of the matter within contained, upon their oath say, that the aforesaid George Saunders is Verdict for the guilty of the trespass and ejectment within-written, in manner and plaintiff. form as the aforesaid Richard Smith within complains against him; and assess the damages of the said Richard Smith, on occasion of that trespass and ejectment, besides his costs and charges which he hath been put unto about his suit in that behalf, to twelve pence; and, for those costs and charges, to forty shillings. WHEREUPON the said Richard Smith, by his attorney aforesaid, prayeth judgment against the said George Saunders, in and upon the verdict aforesaid by the jurors aforesaid given in the form aforesaid; and the said George Saunders, by Motion in arhis attorney aforesaid saith, that the court here ought not to proceed to rest of judg give judgment upon the said verdict, and prayeth that judgment against ment. him the said George Saunders, in and upon the verdict aforesaid by the jurors aforesaid given in the form aforesaid, may be stayed, by reason that the said verdict is insufficient and erroneous, and that the same verdict may be quashed, and that the issue aforesaid may be tried anew 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 Continuance. and upon the premises, therefore day thereof is given as well to the said Richard Smith as the said George Saunders, before the Lord the King, until the morrow of the Ascension of our Lord, wheresoever the said Lord the King shall then be in England, to hear their judgment of and upon the premises, 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 aforesaid by their attornies aforesaid; upon which, the record and matters aforesaid having been seen, and by the court of the Lord the King now here fully understood, 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, 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, Judgment, for that the said Richard do recover against the said George his term yet the plaintiff. to come, of and in the said tenements, with the appurtenances, and the said damages assessed by the said jury in form aforesaid, and also Costs. twenty-seven pounds six shillings and eight-pence for his 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

[*xii]

court.

damages in the whole amount to twenty-nine pounds, seven shillings Capiatur o and eight-pence. "And let the said George be taken, [until he maketh fine.

No. II.

session,

"fine to the Lord the King]."+ AND HEREUPON the said Richard, by his attorney aforesaid, prayeth a writ of the Lord the King, to be directed Writ of pos- to the sheriff of the county aforesaid, to cause him to have possession of his term aforesaid yet to come, of and in 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 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.

and return.

[*xiii]

Præcipe.

Sheriff's return.

*No. III

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 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 so do, 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

ROGER MORRIS.
HENRY JOHNSON.

Attachment.

Pone.

Sheriff's re

turn.

Distringas.

within named
Charles Long,

Sect. 2. Process.

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. 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 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.
is attached by Pledges,
ROBERT TANNER.

*GEORGE the Second, by the grace of God, of Great Britain, France, [*xiv] and Ireland King, Defender of the Faith, and so forth; to the sheriff of Oxfordshire, greeting. WE command you, that you distrein Charles Long, late of Burford, 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 issues of the same; and that you have his body before our justices at Westminster from

Now omitted. See pare 398.