No. II. Venire awarded. [*xi] Postea. Tales de circumstantibus. he puts himself upon the country; and the said Richard doth Ekewise the 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 Rospite for de- the parties aforesaid. Afterwards the process therein, being continued befault of jurors. tween the said parties of the plea aforesaid by the jury, is put between them in Nisi prius. 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 assizes in the county aforesaid, shall have come before that time, to wit, on Monday the eighth of March, at Reading, in the said county, by the form of the statute [in that case provided], by reason of the default of the jurors [summoned to appear as aforesaid]. At which day, before the lord the king, at Westminster, come the parties aforesaid by their attorneys aforesaid; and the aforesaid justices of *assize, 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, before Heneage Legger, Esquire, one of the barons of the exchequer of the lord the king, and Sir John Eardly 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 assizes at 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 Brown, and Francis Oakley, come, and are sworn upon the jury; and because the rest of the jurors of the same jury did not appear, therefore others of the bystanders 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 Sinall, Charles Pre, 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 Verdict for the Saunders is 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 his attorney aforesaid, saith that the court here ought not to proceed to give judgment upon the said verdict, and prayeth that judgment against 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 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 attorneys 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 Opinion of the deliberation being had thereupon, for that it seems to the court of the lord 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, that the said Richard do recover against the said George his term yet 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 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 damages in the whole amount to twenty-nine pounds, seven shillings and eight-pence. Motion in arrest of Judg. ment. Continuance. [*xii] court. Judgment for the plaintiff Costa. Capiatur pro jine. No. III. "And let the said George be taken [until he maketh 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 to the sheriff of the county aforesaid, to cause him to writ of posses have possession of his term aforesaid yet to come, of and in the tenements afore- sion. said, 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 and return. Reeve, kuight, 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. *No. III. PROCEEDINGS ON AN ACTION OF DEBT IN THE COURT OF COM- SECT. 1. ORIGINAL. [*xiii] 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. Predpe. 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 do so, 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 twenty-eighth year of our reign. Pledges of Su moners of the ROGER MORRIS, JOHN DOE, prosecu- RICHARD ROE. tion, within-named Charles Long, HENRY JOHNSON. SECT. 2. PROCESS. Sheriff's return Attachment. 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 Pone. 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 is attached by pledges, EDWARD LEIGH, Sheriff's returu. [*xiv] 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. Distringas We command you, that you distrein Charles Long, tate of Burford, gentleman, by all his lands and chattels within youri bailwick, 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 issue of the same; and that you have his body before our justices, at Westminster, from the day of Easter, in fifteen days, 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 hear his judgment of his many defaults. Witness Sir John Willes, knight, at Westminster, the twelfth day of February, in the twenty-eighth year of our reign. The within named Charles Long hath nothing in my bailiwick, whereby he may Sheriffs return Le distreined. Nihil Now omitted. See page 398. VOL. II.-37 289 No. IIL Capias ad respondendum. Sheriff's return. tus. Testatum capias. [*xv] Sheriff's return. Cepi corриз. Alas capias. Sheriff's return. Non est inventus. Plurus capias. Sheriff's return. Non est inventus. [*xvi] Exigi facias. 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. 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 justices at Westminster from the day of Easter 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 saith; and whereupon you have returned to our justices at Westminster, that the said Charles hath nothing in your bailiwick, whereby he may be distreined. And have you there then this writ. Witness, Sir John Willes, knight, at Westminster, the sixteenth day of April, in the twenty-eighth year of our reign. The within named Charles Long is not found in my bailiwick. 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 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 justices at Westminster, on the morrow of the Holy Trinity, 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; and whereupon our sheriff of Oxfordshire hath made a return to our justices of Westminster, at a certain day now past, that the aforesaid Charles is not found in his bailiwick; and thereupon it is testified in our said court, that the aforesaid Charles lurks, wanders, and runs about in your county. And have you there then this writ. Witness, Sir John Willes, knight, at Westminster, the seventh 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 named Charles Long; which I have ready at the day and place within contained, according as by this writ it is commanded me. Or, upon the Return of non est inventus upon the first capias, the plaintiff may sue out an alias and a pluries, and thence proceed to outlawry: thus: 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. We command you as formerly we commanded 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 justices at Westminster, on the morrow of the Holy Trinity, 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. And have you then there this writ. Witness, Sir John Willes, knight, at Westminster, the seventh day of May, in the twenty-eighth year of our reign. The within named Charles Long is not found in my bailiwick. 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. We command you, as we have more than once commanded 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 justices at Westminster, from the day of the Holy Trinity in three 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 saith. And have you there then this writ. Witness, Sir John Willes, knight, at Westminster, the thirtieth day of May, in the twenty-eighth year of our reign. The within named Charles Long is not found in my bailiwick. 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. We command you, that you cause Charles Long, late of Burford, gentleman, to be required from county court to county court, until, according to the law and custom of our realm of England, he be outlawed, if he doth not appear and if he doth appear, then take him and cause him to be safely kept, so that you may 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; and whereupon you have returned to our justices at Westminster, from the day of the Holy Trinity in three weeks, that he is not found in your bailiwick. And have you then there this writ. Witness, Sir John Willes, knight, at Westminster, the eighteenth day of June, in the twenty-eithth year of our reign. turu. No. IIL By virtue of this writ to me directed, at my county court held at Oxford, in Sheriff's rethe county of Oxford, on Thursday, the twenty-first day of June, in the twenty- Primo exactus ninth year of the reign of the lord the king within written, the within named Charles Long was required the first time, and did not appear: and at my county Secundo exactus. court held at Oxford aforesaid, on Thursday, the twenty-fourth day of June, Tertio & actus. in the year aforesaid, the said Charles Long was required the second time, and did not appear: and at my county court held at Oxford, aforesaid, on Thursday, Tertio exactus. the twenty-first day of August, in the year aforesaid, the said Charles Long was required the third time, and did not appear: and at my county court held at Quarto exactus. Oxford, aforesaid, on Thursday, the eighteenth day of September, in the year aforesaid, the said Charles Long was required the fourth time, and did not ap pear and at my county court held at Oxford, aforesaid, on Thursday, the six- Quinto exactus teenth day of October, in the year aforesaid, the said Charles Long was required the fifth time, and did not appear; therefore the said Charles Long, by the judg- Ideo ulagatus. ment of the coroners of the said lord the king, of the county aforesaid, according to the law and custom of the kingdom of England, is outlawed. GEORGE the Second, by the grace of God, of Great Britain, France, and writ of procla Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire mation. greeting. Whereas, by our writ we have lately commanded you that you should cause Charles Long, late of Burford, gentleman, to be required from county court to county court, until, according to the law and custom of our realm of [*xvii] England, he should be outlawed, if he did not appear: 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 rendered 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 twenty-eighth year of our reign. Proclamari feci. By virtue of this writ to me directed, at my county court held at Oxford, in the Sheriff's return. county of Oxford, on Thursday the twenty-sixth day of June, in the twenty-ninth year of the reign of the lord and 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. GEORGE the Second, by the grace of God, of Great Britain, France and Ireland Capias utlaga king, defender of the faith, and so forth; to the sheriff of Berkshire greeting, tum 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 bailiwick; and him safely keep, so that you may have his body before our justice 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 Novem ber, in the twenty-ninth year of our reign. [*xviii] By virtue of this writ to me directed, I have taken the body of the within named Sheriffe return. Charles Long; which I have ready at the day and place within contained, accord- Cepi Corpus. ing as by this writ it is commanded me. No. II. Bill at Middlesex for tres pass. Ac etiam in debt. Sheriff's re turn. Non est inventus. Latitat. Ac etiam. L*xix] Sheriff's re- Sheriff's re- Bail bond to the sheriff. SECT. 3. BILL OF MIDDLESEX, AND LATITAT THEREUPON IN THE COURT OF Middlesex, THE SHERIFF is commanded that he take Charles Long, late of to wit. 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 and king a Westminster, on Wednesday next after fifteen days of 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 hundred pounds of debt, according to the custom of the court of the said lord and king, before the king himself to be exhibited]; and that he have there then this precept. The within named Charles Long is not found in my bailiwick. 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 Burtord, in the county of Oxford, if he might be found in his bailiwick, and him safely keep, so that he might 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 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 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 twentyeighth year of our reign. By virtue of this writ to me directed, I have taken the body of the within named Charles Long; which I have ready at the day and place within contained, 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 said 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 twentyeighth year of our reign. By virtue of this writ to me directed, I have taken the body of the within named Charles Long; which I have ready before the barons within written, according as within it is commanded me. SECT. 5. SPECIAL BAIL, ON THE ARREST OF the Defendant, pursuant to THE KNOW ALL MEN by these presents, that we Charles Long, of Burford, in 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 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 the court of common pleas; the subsequent stages of proceedings being nearly alike in them all. |
