Page images
PDF
EPUB

No. III. show wherefore he hath not done it. And have you there then the euro ■•—' moners, and this writ. Witness ourself at Westminster, the twenty-fourxfl day of December, in the twenty-eighth year of our reign. Sheriff's return Pledges of ) John Doe. Summoners of the within-1 Roger Morris.

prosecution, j Richard Doe. named Charles Long, j Henry Johnson

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. sn»riff-i return. The within-named Charles Long) Edward Leigh.

is attached by Pledges. j Robert Tanner

omtringu. *george the Second, by the grace of God, of Great Britain, France, and

Xlv-J 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 the day of Easter, in fifteen days, to answer to William Burton of a plea that he render to him two hundred pound) 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 West minster, the twelfth day of February, in the twenty-eighth year of Ouj reign.

Sheriff'■ return. The within-named Charles Long hath nothing in my bailiwick wherebj xaa he may be distreined.

Otpiat ad rt- George the Second, by the grace of God, of Great Britain, France, and •jMidoidum. 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.

sheriff*! return. The within-named Charles Long is not found in my bailiwick.

rVon fit iwxntut

s 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 at Westminster at a certain day now past, that *XV.] 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 tha twenty-eighth year of our reign.

[ocr errors]

By virtue of this writ to me directed, I have taken the body of the within- No HI, h»med Charles Long; which I have ready at the day and place within con- '— » -' tamed, according as by this writ it is commanded me. api^iptu"1*TM

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 Mai 'apia. 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 anBwer 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 seventh day of May, in the twenty-eighth year of our reign.

The within-named Charles Long is not found in my bailiwick. Shoriff'i return

Non est intxntul

George the Second, by the grace of God, of Great Britain, France, and Fluna capias. 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. griff's

° J Non at ini 'n.'uj

•george the Second, by the Grace of God, of Great Britain, France, and [*xvi. Ireland King, Defender of the Faith, and so forth; to the sheriff of Ox- Engi faaai. fordshire, 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 there then this writ. Witness, Sir John Willes, Knight, at Westminster, the eighteenth day of June, in the twenty-eighth year of our reign.

By virtue of this writ to me directed at my county court, held at Oxford, Sh riff's return in the county of Oxford, on Thursday the twenty-first day of June, in the Pl l"~IMCiuttwenty-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 court, held at Oxford aforesaid, on Thursday the twenty- Secundo 00.4-1 fourth day of July, in the year aforesaid, the said Charles Long was required the second time and did not appear; and at my county court, held at Ox- ratio t ford aforesaid, on Thursday the twenty-first day of August, in the year aforeaid, the said Charles Long was required the third time and did not appear; and at my county court, held at Oxford aforesaid, on Thursday the eigh- Quarto t teenth day of September, in the year aforesaid, the said Charles Long was required the fourth time and did not appear; and at my county court, held Quinto exactw. at Oxford aforesaid, on Thursday the sixteenth 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 judgment of the coroners of idea utlagotu*. 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 proci. Ireland King, Defender of the Faith, and so forth; to the sheriff of Ox-TM»t'on. fordshire, 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 [*xvii

Ho. IIT custom of our realm of England, he should be outlawed if he did not ajr "■»->—1 pear; 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 render 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 twentyeighth year of our reign.

•turn. By virtue of this writ to me directed, at my county court held at Oxford, in the county of Oxford, on Thursday the twenty-sixth day of June, in the twenty-ninth year of the reign of the Lord the 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 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 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 "viii.) bailiwick; and him safely keep, so that you may *have his body before our justices 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 November, in the twenty-ninth year of our reign.

return. By virtue of this writ to me directed, I have taken the body of the within- Opi mrpia. named Charles Long; which I have ready at the day and place within contained, according as by this writ it is commanded me.

Sect. 3. *bill Of Middlesex, And Latitat Thereupon In The Court Of

Kino's Bench.

for1«riiMld<Uo*M Middlesex, \ The Sheriff is commanded that he take Charles Long, late r pass to (eft. j of 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 the King at Westminster, on Wednesday next after fifteen days of in d*t. 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 nun dredpounds of debt, according to the custom of the court of the said Lord the King, before the King himself to be exhibited;] and that he have there then this precept.

return. 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 Burford, in the county of Oxford,

* Note, that sections 3 and 4 axe th«- usual method of process to compel an appearance In the court' of King's Bench and Exchequer, in which the practice of those courts does principally differ from that of the court of Common Pleas, the subsequent stages of proceeding being nearly alike in them all

if he might be found in his bailiwick, and him safely keep, so that he Id ight No. Ill be before us at Westminster, at a certain day now past, to answer unto wil- '- > —1 liam Burton, gentleman, of a plea of trespass; [and Also to a bill of the said Ae ttiam. 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 [*xix. 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 twenty-eighth year of our reign.

By virtue of this writ to me directed, I have taken the body of the within- sheriff^ mm named Charles Long, which I have ready at the day and place within con- Qs* M3W' tained, 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 saith that 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 twenty-eighth year of our reign.

By virtue of this writ to me directed, I have taken the body of the within- Sheriff^ rmr% named Charles Long, which I have ready before the barons within written, a?" ""T*" according as within it is commanded me.

Sect. 5. Special Bail, On The Arrest Of The Defendant, Pursuant To The
Testatum Capias, in page xiv.

Know All men, by these presents, that we, Charles Long, of Burford, in the Bail-bond k aM county of Oxford, gentleman, Peter Hamond, of Bix, in the said county,,bmByeoman, 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 payment well and truly to be made we bind ourselves, and each of us by himself *for the whole and in gross, [*k our and every of our heirs, executors, and administrators, firmly by these presents, sealed with our seals. Dated the fifteenth day of May, in the twenty-eighth year of the reign of our sovereign Lord George the Second, by the grace of God King of Great Britain, France, and Ireland, Defender of the Faith, and so forth, and in the year of our Lord one thousand seven hundred and fifty-five.

The Condition of this obligation is such, that if the above-bounden Charles Long do appear before the justices of our sovereign Lord the King, at Westminster, on the morrow of the Holy Trinity, to answer William Burton, gentleman, of a plea of debt of two hundred pounds, then this obligation •hall be void and of none effect, or else shall be and remain in full force and virtue.

Sealed and delivered, being first duly Charles Long. (l.s.)
stamped, in the presence of Peter Hamond. (l.s.)

Henry Shaw. Edward Thomlinson (l.s.)
Timothy Griffith.

No. III. You Charles Long do acknowledge to owe unto the plaintiff iour hundred ■>—' pounds, and you John Rose and Peter Hamond do severally acknowledge ore tho°' *° owe untne 8ame person the sum of two hundred pounds apiece, to be levied upon your several goods and chattels, lands and tenements, Upon Condition that, if the defendant be condemned in the action, he shall pay the condemnation, or render himself a prisoner in the Fleet for the same; and, if he fail so to do, you John Rose and Peter Hamond do undertake to do it for him.

Trinity Term, 28 Geo. II.

Berks, 1 On a Testatum Capias from Oxfordshire against Charles Long, to wit. J late of Burford, in the county of Oxford, gentleman, returnable on the morrow of the Holy Trinity, at the suit of William Burton, of a plea of debt of two hundred pounds:

The Bail are, John Rose, of Witney, in the county of Oxford, enquire
Peter Hamond.of Bix, in the said county, yeoman.

Richard Prick, attorney 1
for the defendant, J

The party himself in 400/.
Each of the bail in 200/.
Taken and acknowledged the twenty-eighth
day of May, in the year of our Lord one
thousand seven hundred and fifty-five, de
bene esse, before me,

Robert Grove,
one of the commissioners.

*sect. 6. The Record As Removed Bit Writ Of Error.

[ocr errors]

■Trit oi error. The Lord the King hath given in charge to his trusty and beloved e>ir John Willes, Knight, his writ closed in these words:—GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth: to our trusty and beloved Sir John Willes, Knight, greeting. Because in the record and process, and also in the giving of judgment of the plaint, which was in our court before you and your fellows, our justices of the bench, by our writ between William Burton, gentleman, and Charles Long, late of Burford, in the county of Oxford, gentleman, of a certain debt of two hundred pounds, which the said William demands of the said Charles, manifest error hath intervened, to the great damage of him the said William, as we from his complaint are informed; we being willing that the error, if any there be, should be corrected in due manner, and that full and speedy justice should be done to the parties aforesaid in this behalf, do command you, that if judgment thereof be given, then under your seal you do distinctly and openly send the record and process of the plaint aforesaid, with all things concerning them, and this writ; so that we may have them from the day of Easter in fifteen days, wheresoever we shall then be in England; that the record and process aforesaid being inspected, we may cause to be done thereupon, for correcting that error, what of right and according to the law and custom of our realm of England ought to be done. Witness ourself at Westminster, the twelfth day of February, in the twenty-ninth year of our reign.

«icf|urtke'» re- The record and process whereof in the said writ mention above is made, NlnL follow in these words, to wit:—

** record. Pleas at Westminster before Sir John Willes, Knight, and his brethren, justices of the bench of the Lord the King at Westminster, of the term of the Holy Trinity, in the twenty-eighth 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.

»rtt Oxen, 1 Charles Long, late of Burford, in the county aforesaid, gentle

to int. J man, was summoned to answer William Burton, of Yarnton in the said county, gentleman, of a plea that he render unto him two hundred lecisrutioo, or pounds, which he owes him and unjustly detains, [as he saith.J And -mat. on a Land Whereupon the said William, by Thomas Gough, his attorney, complains, *xxii.] that whereas on the firs' day of December, in the year of our Lord *on«

« PreviousContinue »