Blackstone's Commentaries on the Laws of England
Book the Third - Appendix III
APPENDIX
No. III.
Proceedings on an Action of DEBT, in the Court of common Pleas; removed into the King's Bench by writ of ERROR.
§. I. Original.
GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Oxfordfhire, greeting. Command Charles Long, late of Burford, gentleman, that juftly and without delay he render to William Burton two hundred pounds, which he owes him and unjuftly detains, as he faith. And unlefs he fhall fo do, and if the faid William fhall make you fecure of profecuting his claim, then fummon by good fummoners the aforefaid Charles, that he be before our juftidces at Weftminfter, on the octave of faint Hilary, to fhew wherefore he hath not done it. And have you there then the fummoners, and this writ. Witnefs ourfelf at Weftminfer, the twenty fourth day of December, in the twenty eighth year of our reign.
Pledes of profecution,
John Doe.
Richard Roe.
Summoners of the within named Charles Long,
Roger Morris.
Henry Johnfon.
§. 2. Procefs.
GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Oxfordfhire, greeting. But by gage and fafe pledges Charles Long, late of Burford, gentleman, that he be before our juftices at Weftminfter on the octave of the purification of the bleffed Mary, to anfwer to William Burton of a plea, that he render to him two hundred pounds, which he owes him and unjuftly detains, as he faith; and to fhew wherefore he was not before our juftices at Weftminfter on the octave of faint Hilary, as he was fummoned. And have there then the names of the pledges and this writ. Witnefs fir John Willes knight, at Weftminfter, 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.
Robert Tanner.
GEORGE
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GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Oxfordfhire, greeting. The command you that you diftrein Charles Long, late of Burford, gentleman, by all his lands and chattels within your bailiwick, fo that neither he nor any one through him may lay hands on the fame, until you fhall receive from us another command thereupon; and that you anfwer to us of the iffues of the fame; and that you have his body before our juftices at Weftminfter from the day of Eafter in fifteen days, to anfwer to William Burton of a plea, that he render to him two hundred pounds which he owes him and unjuftly detains, as he faith, and to hear his judgment of his many defaults. Witnefs fir John Willes, knight, at Weftminfter, 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 be diftreined.
GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Oxfordfhire, greeting. The command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him fafely keep, fo that you may have his body before our juftices at Weftminfter, from the day of Eafter in five weeks, to anfwer to William Burton, gentleman, of a plea, that he render to him two hundred pounds, which he owes him and unjuftly detains, as he faith: and whereupon you have returned to our juftices at Weftminfter, that the faid Charles hath nothing in our bailiwick, whereby he may be diftreined. And have you there then this writ. Witnefs fir John Willes, knight, at Weftminfter, the fixteenth day of April in the twenty eighth year of our reign.
The within-named Charles Long is not found in my bailiwick.
GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Berkhire, greeting. The command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him fafely keep, fo that you may have his body before our juftices at Weftminfter, on the morrow of the holy Trinity, to anfwer to William Burton, gentleman, of a plea, that he render to him two hundred pounds, which he owes him and unjuftly detains, as he faith: and whereupon our fheriff of Oxfordfhire hath made a return to our juftices at Weftminfter, at a certain day now paft, that the aforefaid
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Charles not found in his bailiwick; and thereupon it is teftified in our faid court, that the aforefaid Charles lurks, wanders, and runs about in your county. And have you there then this writ. Witnefs fir John Willes, knight, at Weftminfter, the feventh 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 eft inventus upon the firft Capias, the “Plainfitt may fue out an Alias and a Pluries, and thence proced “to Outlawry; thus:
“GEORGE the fecond by the grace of God of Great Britain, “France, and Ireland king, defender of the faith, and fo forth; to “the fheriff of Oxfordhire, greeting. The 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 fafely “keep, fo that you may have his body before our juftices at Weftminfter, on the morrow of the holy Trinity, to anfwer to William Burton, gentleman, of a plea, that he render to him two hundred “pounds, which he owes him and unjuftly detains, as he faith. And have you there then this writ. Witnefs fir Willes, knight, at “Weftminfter, the feventh day of May, in the twenty eighty year of “our reign.
“The within-named Charles Long is not found in my bailiwick.
“GEORGE the fecond by the grace of God of Great Britain, “France, and Ireland king, defender of the faith, and fo forth; to the “fheriff of Oxfordhire, greeting, The 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 fafely keep, fo that you may have his body before our juftices at “Weftminfter, from the day of the holy Trinity in three weeks, to “anfwer to William Burton, gentleman, of a plea, that he render to “him two hundred pounds, which he owes him and unjuftly detains “as he faith. And have you there then this writ. Witnefs fir John “Willes knight, at Weftminfter, the thirteith day of May, in the “twenty eighth year of our reign.
“The within-named Charles Long is not found in my bailiwick.
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“GEORGE the fecond by the grace of God of Great Britain, “France, and Ireland king, defender of the faith, and fo forth; to the “fheriff of Oxfordfhire, greeting. The command you, that you caufe “Charles Long, late of Burford, gentleman, to be required from “county court to county court, until according to the law and cuftom “of our realm of England he be outlawed, if he doth not appear. “And if he doth appear, then take him and caufe him to be fafely “kept, fo that you may have his body before our juftices at Weftminfter, on the morrow of All Souls, to anfwer to William Burton, “gentleman, of a plea, that he render to him two hundred pounds, “which he owes him and unjuftly detains, as he faith. And whereupon you have returned to our juftices at Weftminfter, 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. Witnefs fir John Willes “knight, at Weftminfter, 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 in the county of Oxford, on Thurfday the twenty firft day of “June in the twenty ninth year of the reign of the lord the king within “written, the within-named Charles Long was required the firft time “and did not appear: and at my county court held at Oxford aforefaid, “on Thurfday the twenty fourth day of July in the year aforefaid, the “faid Charles Long was required the fecond time, and did nor apperar: “and at my county court held at Oxford aforefaid, on Thurfday the twenty firft day of Auguft in the year aforefaid, the faid Charles “Long was required the third time, and did not appear; and at my “county court held at Oxford aforefaid, on Thurfday the eighteenth “day of September in the year aforefaid, the faid Charles Long was required the fourth time, and did not appear: and at my county court “held at Oxford aforefaid, on Thurfday the fixteenth day of October “in the year aforefaid, the faid Charles Long, was required the fifth “time, and did not appear; therefore the faid Charles Long , by the “judgment of the coroners of the faid lord the king, of the county “aforefaid, according to the law and cuftom of the kingdom of England, is outlawed.
“GEORGE the fecond by the grace of God of Great Britain, “France, and Ireland king, defender of the faith, and fo forth; to the “fheriff of Oxfordfhire, greeting. Whereas by our writ we have lately “commanded you that you fhould caufe Charles Long, late of Burford, gentleman, to be required from county court to county court, “untill according to the law and cuftom of our realm of England he
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“fhould be outlawed, if he did not appear: and if he did appear, then “that you fhould take him and caufe him to be be fafely kept, fo that you “might have his body before our juftices at Weftminfter, on the morrow of All-Souls, to anfwer to William Burton, gentleman, of a plea, “that he render to him two hundred pounds, which he owes him and “unjuftly detains, as he faith: Therefore we command you, by virtue of the ftatute in the thirty firft year of the lady Elizabeth late “queen of England made and provided, that you caufe the faid Charles “Long to be proclaimed upon three feveral days according to the form “of that ftatute; (whereof one proclamation fhall be made at or near “the moft ufual door of the church of the parifh wherein he inhabits) “that he render himfelf unto you; fo that you may have his body before our juftices at Weftminfer at the day aforefaid, to anfwer the “faid William Burton of the plea aforefaid. And have you there then “this writ. Witnefs fir John Willes, knight, at Weftminfter, 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 in the county of Oxford, on Thurfday the twenty fixth day “of June in the twenty ninth year of the reign of the lord the king “within written, I caufed to be proclaimed the firft time; and at the “general quarter feffions of the peace, held at Oxford aforefaid on “Tuefday the fifteenth day of July in the year aforefaid, I caufed to be “proclaimed the fecond time; and at the moft ufual door of the church “of Burford within-written on Sunday the third day of Auguft in the “year aforefaid, immediately after divine fervice, one month at the “leaft before the within-named Charles Long was required the fifth “time, I caufed to be proclaimed the third time, that the faid Charles “Long fhould render himfelf unto me, as within it is commanded me.
“GEORGE the fecond by the grace of God of Great Britain, “France, and Ireland king, defender of the faith, and fo forth; to the “fheriff of Berkfhire, greeting. The command you, that you omit not “by reafon of any liberty of our county, but that you take Charles Long, late of Burford in the county of Oxford, gentleman, (being “outlawed in the faid county of Oxford, on Thurfday, the fixteenth “day of October laft paft, at the fuit of William Burton, gentleman, “of a plea of debt, as the fheriff of Oxfordfhire aforefaid returned to “out juftices at Weftminfter on the morrow of All-Souls then next enfuing) if the faid Charles Long may be found in your bailiwick; and “him fafely keep, fo that you may have his body before our juftices at “Weftminfter from the day of faint Martin in fifteen days, to do and “receive what our court fhall confider concerning him in this behalf.
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“Witnefs fir John Willes, knight, at Weftminfter, the fixth day of “November in the twenty ninth 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.
“§ 3. * Bill of Middlefex, and Latiat thereupon, in the Court of “king's Bench.
“Middlefex, “to wit. “The sheriff is commanded that he taken Charles “Long, late of Burford in the county of Oxford, If “he may be found in his bailiwick, and him fafely keep, fo that he may “have his body before the lord the king at Weftminfter, on Wednefday “next after fifteen days of Eafter, to anfwer William Burton, gentlemen, of a plea of refpafs: [and alfo to a bill of the faid William “againft the aforefaid Charles, for two hundred pounds of debt, according to the cuftom of the court of the faid lord the king, before “ the king himfelf to be axhibited;] and that he have there then this “precept.
“The within-named Charles Long is not found in my bailiwick.
“GEORGE the fecond by the grace of God of Great Britain, “France, and Ireland king, defender of the faith, and fo forth; to “the fheriff of Berkfhire, greeting. Whereas we lately commanded “our fheriff of Middlefex that he fhould take Charles Long, late of “Burford in the county of Oxford, if he might be found in his bailiwick, and him fafely keep, fo that he might be before us at Weftminfter, at a certain day now paft, to anfwer unto William Burton, “gentleman, of plea of trefpafs; [and alfo to a bill of the faid William againft the aforefaid Charles, for two hundred pounds of debt, “according to the cuftom of our court, before us to the exhibited;] “and our faid fheriff of Middlefex at that day returned to us that the “aforefaid Charles was not found in his bailiwick; whereupon on the “behalf of the aforefaid William in our court before us it is fufficiently “attefted, that the aforefaid Charles lurks and runs about in your county: “Therefore we command you, that you take him, if he maybe found “in your bailiwick, and him fafely keep, fo that you mayhave his “body before us at Weftminfter on Tuefday next after five weeks of
.{FS}
{*} Note, that §. 3. and §. 4, are the ufual method of procefs, to compel an appearance, in the courts of king's bench, and exchequer; in which the practice of thofe courts does principally differ from that of the court of common pleas: the fubfequent ftages of proceeding being nearly alike in them all.
.{FE}
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“Eafter, to anfwer to the aforefaid William of the plea [and bill] aforefaid: and have you have you there then this writ. Witnefs fir Dudley Ryder, “knight, at Weftminfter, 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-named Charles Long; which I have ready at the day and “place within-contained, according as by this writ it is commanded me.
Ҥ 4. Writ of Quo minus in the Exchequer.
“GEORGE the fecond by the grace of God of Great Britain, “France, and Ireland king, defender of the faith, and fo forth; to “the fheriff of Berkfhire, greeting. The command you, that you omit “not by reafon of any liberty of your county, but that you enter the “fame, and take Charles Long, late of Burford in the county of Oxford, gentleman, wherefoever he fahll be found in your bailiwick, and “him fafely keep, fo that you may have his body before the barons of “our exchequer at Weftminfter, on the morrow of the holy Trinity, “to anfwer William Burton our debtor of a plea, that he render to him “two hundred pounds which he owes him and unjuftly detains, whereby he is the lefs able to fatisfy us the debts which he owes us at our “faid exchequer, as he faith he can reafonably fhew that the fame he “ought to render: and have you there this writ. Witnefs fir Thomas “Parker, knight, at Weftminfter, the fixth 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 before the barons “within-written, according as within it is commanded me.”
§. 5. Special Bail; on the Arreft of the Defendant, purfuant to the Teftatum Capias, in page xiv.
Know all men by thefe prefents, that we Charles Long of Burford in the county of Oxford, gentleman, Peter Hamond of Bix in the faid county, yeoman, and Edward Thomlinfon of Woodftock in the faid county, innholder, are held and firmly bound to Chriftopher Jones, efquire, fheriff of the county of Berks, in four hundred pounds of lawful money of Great Britain, to be paid to the faid fheriff, or his certain attorney, executors, adminiftrators, or affigns; for which payment well and truly to be made, we bind ourfelves and each of us by himfelf for the whole and in grofs, our and every of our heirs, executors, and admini-
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ftrators, firmly by thefe prefents, fealed with our feals. Dated the fifteenth day of May in the twenty eighth year of thereign of our fovereign lord George the fecond by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and fo forth, and in the year of our Lord one thoufand, feven hundered, and fifty five.
The condition of this obligations is fuch, that if the above-bounden Charles Long do appear before the juftices of our fovereign lord the king at Weftminfter, on the morrow of the holy Trinity, to anfwer William Burton, gentlemen, of a plea of debt of two hundred pounds, then this obligation fhall be void and of none effect, or elfe fhall be and remain in full forece and virtue.
Sealed, and delivered, being firft duly ftamped, in the prefence of Henry Shaw.
Tomothy. Griffith.
Charles Long. (L. S.)
Peter Hamond. (L. S.)
Edward Thomlinfon. (L. S.)
You Charles Long do acknowldge to owe unto the plaintiff four hundred pounds, and you John Rofe and Peter Hamond do feverally acknowlege to owe unto the fame perfon the fum of two hundred pounds apiece, to be levied upon your feveral goods and chattels, lands and tenements, upon condition that, if the defendant be condemned in this action, he fhall pay the condemnation, or render himfelf a prifoner in the Fleet for the fame; and, if he fail fo to do, you John Rofe and Peter Hamond do undertake to do it for him,
Trinity Term, 28 GEO. II.
Berks, to wit. On a Teftatum capias againft Charles Long, late of Burford in the county of Oxford, gentleman, returnable on the morrow of the holy Trinity, at the fuit of William Burton, of a plea of debt of two hundred pounds;
The bail are, John Rofe, of Witney in the county of Oxford, efquire. Peter Hamond, of Bix in the faid county, yeoman.
Richard Price, attorney for the defendant.
The party hinfelf in £400.
Each of the bail in £200.
Taken and acknowledged the twenty eighth day of May, in the year of our Lord one thoufand, feven hundred, and fifty five, de bene effe, before me,
Robert Grove,
one of the commiffioners.
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§. 6. The Record, as removed by Writ of ERROR.
The Lord the king hath given in charge to his trufty and beloved fir John Willes, knight, his writ clofed in thefe words: GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to our trufty and beloved fir John Willes, knight, greeting. Becaufe in the record, and procefs, and alfo in the giving of judgment, of the plaint which was in our court before you, and your fellows, our juftices 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 faid William demands of the faid Charles, manifeft error hath intervened, to the great damage of him the faid William, as we from his complaint are informed: we, being willing that the error, if any there be, fhould be corrected in due manner, and that full and fpeedy juftice fhould be done to the parties aforefaid in this behalf, do command you, that, if judgment thereof be given, then under your feal you do diftinctly and openly fend the record and procefs of the plaint aforefaid, with all things concerning them, and this writ; fo that we may have them from the day of Eafter in fifteen days, wherefoever we fhall then be in England: that, the record and procefs aforefaid being infpected, we may cuafe t be done thereupon, for correcting that error, what of right and according to the law and cuftom of our realm of England ought to be done. Witnefs ourfelf at Weftminfter, the twelfth day of February, in the twenty ninth year of our reign.
The record and procefs, whereof in the faid writ mention above is made, follow in thefe words, to wit:
Pleas at Weftminfter before fir John Willes, knight, and his brethren, juftices of the bench of the lord the king at Weftminfter, of the term of the holy Trinity, in the twenty eighth year of the reign of the lord GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, & c.
Oxon. to wit. Charles Long, late of Burford i the county aforefaid, gentleman, was fummoned to anfwer William Burton, of Yarnton in the faid county, gentleman, of a plea that he render unto him two hundred pounds, which he owes him and unjuftly detains [as he faith.] And whereupon the faid William, by Thomas Gough his attorney, complains, that whereas on the firft day of December, in the year of our lord one thoufand, feven hundred, and fifty four, at Babury in this county, the faid Charles by his writing obligatory did
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acknowlege himfelf to be bound to the faid William in the faid fum of two hundred pounds of lawful money of Great Britain, to be paid to the faid William, whenever after the faid Charles fhould be thereto required; neverthelefs the faid Charles (although often required) hath not paid to the faid William the faid fum of two hundred pounds, nor any part thereof, but hitherto altogether hath refufed, and doth ftill refufe, to render the fame; wherefore he faith that he is injured, and hath damage, to the value of ten pounds: and thereupon he brings fuit, [and good proof.] And he brings here into court the writing obligatory aforefaid; which teftifies the debt aforefaid in form aforefaid; the date whereof is the day and year before-mentioned. And the aforefaid Charles, by Richard Prince his attorney, comes and defends the force and injury when [and where it fhall behove him,] and craves oyer of the faid writing obligatory, and it is read unto him [in the form aforefaid:] he likewife craves oyer of the condition of the faid writing, and it is read unto him in thefe words; “The condition of “this obligation is fuch, that if the above bounden Charles Long, his “heirs, executors, and adminiftrators, and every of them, fhall and “do from time to time, and at all times hereafter, well and truly ftand “to, obey, obferve, fulfill, and keep, the award, arbitrament, order, rule, judgment, final end, and determination, of David Stiles, “of Woodftock in the faid county, clerk, and Henry bacon, of “Woodftock aforefaid, gentleman, (arbitrators indifferenctly nominated and chofen by and between the faid Charles Long and the abovenamed William Burton, to arbitrate, award, order, rule, judge, and “determine, of all and all manner of actions, caufe or caufes of action, “fuits, plaints, debts, duties, reckonings, accounts controverfies, “trefpaffes, and demands whatfoever had, moved, or depending, or “which might have been had, moved, or depending, by and between “the faid parties, for any matter, caufe, or thing, from the beginning “of the world until the day of the date hereof) which the faid arbitrators fhall make and publifh, of or in the premifes, in writing under “their hands and feals, or otherwife by work of mouth, in the prefence of two credible witneffes, on or before the firft day of January “next enfuing the date hereof; then this obligation to be void and “of none effect, or elfe to be and remain in full force and virtue.” Which being read and heard, the faid Charles prays leave to impral therein here until the octave of the holy Trinity; and it is granted unto him. The fame day is given to the faid William Burton here, & c. At which day, to wit, on the octave of the holy Trinity, here come as well the faid William Burton as the faid Charles Long, by their attorneys aforefaid: and hereupon the faid William prays that the faid Charles may anfwer to his writ and count aforefaid. And the aforefaid Charles defends the force and injury, when, & c. and faith, that
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the faid William ought not to have or maintain his faid action againft him; becaufe he faith, that the faid David Stiles and Henry Bacon, the arbitrators before named in the faid condition, did not make any fuch award, arbitrament, order, rule, judgment, final end, or determination, of or in the premifes above fpecified in the faid condition, on or before the firft day of January, in the condition aforefaid above mentioned, according to the form and effect of the faid condition: and this he is ready to verify. Wherefore he prays judgment, whether the faid William ought to have or maintain his faid action thereof againft him; [and that he may go thereof without a day.] And the aforefaid William faith, that for any thing above alleged by the faid Charles in pleading, he ought not to be precluded from having his faid action thereof againft him; becaufe he faith, that after the making of the faid writing obligatory, and before the faid firft day of January, towit, on the twenty fixth day of December, in the year aforefaid, at Banbury aforefaid, in the prefence of two credible witneffes, namely, John Dew of Charlbury, in the county aforefaid, and Richard Morris of Wytham, in the county of Berks, the faid arbitrators undertook the charge of the award arbitrament, order, rule judgment, final end, and determination aforefaid, of and in the premifes fpecified in the condition aforefaid; and then and there made and publifhed their award by word of mouth in manner and form following, that is to fay; The faid arbitrators did award, order, and adjudge, that he the faid Charles Long fhould forwith pay to the faid William Burton the fum of feventy five pounds, and that thereupon al differences between them at the time of the making the faid writing obligatory fhould finally ceafe and determine. And the faid William further faith, that although he afterwards, to wit on the fixth day of January, in the year of our Lord one thoufand, feven hundred, and fifty five, at Banbury aforefaid, requefted the faid Charles to pay to him the faid William the faid feventy five pounds, yet (by proteftation that the faid Charles hath not ftood to, obeyed, obevered, fulfilled, or kept any part of the faid award, which by him the faid Charles ought to have been ftood to obeyed, obferved, fulfilled, and kept) for further plea therein he faith, that the faid Charles the faid feventy five pounds to the faid William hath not hitherto paid: and this he is ready to verify. Wherefore he prays judgment, and his debt aforefaid, together with his damages occafioned by the detention of the faid debt, to the adjudged unto him, & c. Aud the aforefaid Charles faith, that the plea aforefaid, by him the faid William in manner and form aforefaid above in his replication pleaded, and the matter in the fame contained, are in no wife fufficient in law for the faid William to have or maintain his action aforefaid thereupon againft him the faid Charles; to which the faid Charles hath no neceffity, neither is he obliged by the law of the land, in any manner to
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anfwer: and this he is ready to verify. Wherefore, for want of a fufficient replication in this behalf, the faid Charles, as aforefaid, prays judgment, and that the aforefaid William may be precluded from having his action aforefaid thereupon againft him, & c. And the faid Charles according to the form of the ftatute in that cafe made and provided, fhews to the court here the caufes of demurrer following; to wit, that it doth not appear, by the replication aforefaid, that the faid arbitrators made the fame award in the prefence of two credible witneffes on or before the faid firft day of January, as they ought to have done, according to the form and effect of the condition aforefaid; and that the replication aforefaid is uncertain, infufficient, and wants form. And the aforefaid William faith, that the plea aforefaid by him the faid William in manner and form aforefaid above in his replication pleaded, and the matter in the fame contained, are good and fufficient in law for the faid William to have and maintain the faid action of him the faid William thereupon againft the faid Charles; which faid plea, and the matter therein contained, the faid William is ready to verify and prove as the court fhall award: and becaufe the aforefaid Charles hath not anfwered to that plea, nor hath he hitherto in any manner denied the fame, the faid William as before prays judgment, and his debt aforefaid, together with his damages occafioned by the detertion of that debt, to be adjudged unto him, & c. And becaufe the judtices here will advife themfelves of and upon the premifes before they give judgment thereupon a day is thereupon given to the parties aforefaid here, until the morrow of All Souls, to hear their judgment thereupon, for that the faid juftices here are not yet advifed thereof. At which day here come as well the faid Charles as the faid William, by their faid attorneys; and becaufe the faid juftices here will farther advife themfelves of and upon the premifes before they give judgment thereupon, a day is farther given to the parties aforefaid here until the octave of faint Hilary, to hear their judgment thereupon, for that the faid juftices here are not yet advifed thereof. At which day here come as well the faid Wiliam Burton as the faid Charles Long, by their faid attorneys. Therefore, the record and matters aforefaid having been feen, and by the juftices here fully underfood, and all and fingular the premifes being examined, and mature deliberation being had thereupon; for that it feems to the faid juftices here, that the faid William Burton before in his replication pleaded, and the matter therin contained, are not fufficent in law, to have and maintain the action of the aforefaid William againft the aforefaid Charles; therefore it is confidered, that the aforefaid William take nothing by his wirt aforefaid, but that he and his pledges of profecutin, to wit, John Doe and Richard Roe, be in mercy for his falfe complaint; and that the aforefaid Charles go thereof without a day, & c.
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Afterwards, to wit, on Wednefday next after fifteen days Eafter in this fame term, before the lord the king, at Wiftminfter, comes the aforefaid William Burton, by Peter Manwaring his attorney, and faith, that in the record and procefs aforefaid, and alfo in the giving of the judgment in the plaint aforefaid, it is manifeftly erred in this; to wit, that the judgment aforefaid was given in form aforefaid for the faid Charles Long againft the aforefaid William Burton, where by the law of the land judgment fhould have been given for the faid William Burton againft the faid Charles Long to be before the faid lord the king, to hear the record and procefs aforefaid: and it is granted unto him: by which the fheriff aforefaid is commanded that by good [and lawful men of his bailiwick] he cuafe the aforefaid Charles Long to know, that he be before the lord the king from the day of Eafter in five weeks, wherefoever [he fhall then be in England,] to hear the record and procefs aforefaid, if [it fhall have happended that in the fame any error fhall have intervened;] and farther [to do and receive what the court of the lord the king fhall confider in this behalf.] The fame day is given to the aforefaid William Burton. At which day before the lord the king, at Weftminfter, comes the aforefaid William Burton, by his attorney aforefaid: and the fheriff returns, that by virtue of the writ aforefaid to him directed he had caufed the faid Charles Long to know, that he be before the lord the king at the time aforefaid in the faid writ contained, by John Den and Richard Fen, good, & c; as by the fame writ was commanded him: which faid Charles Long, according to the warning given him in this behalf, here cometh by Thomas Webb his attorney. Thereupon the faid William faith, that in the record and procefs aforefaid, and alfo in the giving of the judgment aforefaid, it is manifeftly erred, alleging the error aforefaid by him in the form aforefaid alleged, and prays, that the judgment aforefaid for the error aforefaid, and other, in the record and procefs aforefaid being, may be reverfed, annulled, and entirely for nothing efteemed, and that the faid Charles may rejoin to the errors aforefaid, and that the court of the faid lord the king here may proceed to the examination as well of the record and procefs aforefaid, as of the matter aforefaid above for error affigned. And the faid Charles faith, that neither in the record and procefs aforefaid, nor in the giving of the judgment aforefaid, in any thing is there erred: and he prays in like manner that the court of the faid lord the king here may proceed to the examination as well of the record and procefs aforefaid, as of the matters aforefaid above for error affigned. And becaufe the court of the lord the king here is not yet advifed what judgment to give of and upon the premifes, a day is thereof given of the parties
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aforefaid until the morrow of the holy Trinity, before the lord the king, wherefoever he fhall then be in England, to hear their judgment of and upon the premifes, for that the court of the lord the king here is not yet advifed thereof. At which day before the lord the king, at Weftminfter, come the parties aforefaid by their attorneys aforefaid: Thereupon, as well the record and procefs aforefaid, and the judgment thereupon given, as the matters aforefaid by the faid William above for error affigned, being feen, and by the court of the lord the king here being fully underftood, and mature deliberation being thereupon had, for that it appears to the court of the lord the king here, that in the record and procefs aforefaid, and alfo in the giving of the judgment aforefaid, it is manifeftly erred, therefore it is confidered, that the judgment aforefaid, for the error aforefaid, and other, in the record and procefs aforefaid, be reverfed, annulled, and entirely for nothing efteemed; and that the aforefaid William recover againft the aforefaid Charles his debt aforefaid, and alfo fifty pounds for his damages which he hath fuftained, as well on occafion of the detention of the faid debt, as for his cofts and charges unto which he hath been put about his fuit in this behalf, to the faid William with his confent by the court of the lord the king here adjudged. And the faid Chares in mercy.
§. 3. Procefs of Execution.
GEORGE the fecond by the grace of God Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Oxfordhire, greeting. The command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him fafely keep, fo that you may have his body before us in three weeks from the day of the holy Trinity, wherefoever we fhall then be in England, to fatisfy William Burton for two hundred pounds debt, which the faid William Burton hath lately recovered againft him in our court before us, and alfo fifty pounds, which were adjudged in our faid court before us, to the faid William Burton, for his damages which he hath fuftained, as well by occafion of the detention of the faid debt, as for his cofts and charges to which he hath been put about his fuit in this behalf, whereof the faid Charles Long is convicted, as it appears to us of record: and have you there then this writ. Witnefs fir Thomas Denifon
* , knight, at Weftminfter, the nineteenth day of June in the twenty ninth year of our reign.
.{FS}
{*} The fenior puifne juftice: there being no chief juftice that term.
.{FE}
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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 lord the king, at Weftminfter, at the day within-written, as within it is commanded me.
GEORGE the fecond by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth; to the fheriff of Oxfordhire, greeting. The command you, that of the goods and chattels within your bailiwick of Charles Long, late of Burford, gentleman, you caufe to be made two hundred pounds debt, which William Burton lately in our court before us at Weftminfter hath recovered againft him, and alfo fifty pounds, which were adjudged in our court before us to the faid William, for his damages which he hath fuftained, as well by occafion of the detention of his faid debt, as for his cofts and charges to which he hath been put about his fuit in this behalf, whereof the faid Charles Long is convicted, as it appears to us of record: and have that money before us in three weeks from the day of the holy Trinity, wherefoever we fhall then be in England, to render to the faid William of his debt and damages aforefaid: and have there then this writ. Witnefs fir Thomas Denifon, knight, at WEftminfter, the nineteenth day of June, in the twenty ninth year of our reign.
By virtue of this writ to me directed, I have caufed to be made of the goods and chattels of the within-written Charles Long two hundred and fifty pounds; which I have ready before the lord the king at Weftminfter at the day within-written, as it is within commanded me.
THE END.
