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Tain Jt sirrkmjlantibus.

Verdict for rh: plaintiff.

Motion in arrest of

judgment.

said lord the king, assigned to hold pleas before the king hirst' self, justices of the (aid lord the king, assigned to take assises in the county of Berks by the form of the statute [in that cafe 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 that jury: and because the rest of the jurors of the fame 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 guilty of the trespass and ejectment within-written, in manner and 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 {hillings, CClljcretiport 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 faith, 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 fame verdict may be quashed, and that the issue aforesaid may be tried anew by other jurors to be afresh impanelled.

Belled. And, because the court of the lord the king here is not N° III. yet advised of giving their judgment of and upon the premises' "»" •* therefore day thereof is given as well to the said Richard Smith TM'TM' 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 deliberation being had thereupon, for that it seems to the court of the lord the king now here that Opinion of the verdict aforesaid is in no wife insufficient or erroneous, and the courtthat the fame ought not to be quashed, and that no new trial ought to be had of the issue aforesaid, Cfoerefote it is COlltt- Judgment, fceteD, that die said Richard do recover against the said George p^'ff 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 alscrtftwenty-seven pounds six millings and Costs* 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. «* And let the said George be taken, [until he maketh fine to the Cafuturfrt «' lord the king]." • 3klo hereupon the said Richard by his attorney A"'aforesaid prayeth a writ of the lord the king, to be directed to possession 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 and retain. the lord the king, at Westminster, cometh the said Richard by his attorney aforesaid ; and the sheriff, that is to fay, sir Thomas Reeve, knight, now sendeth, that he by virtue of the writ afore* said to him directed, on the ninth day of June last past, did cause

• Kow omitted. Seepage 398.

L 12 ths

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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.

N° III.

Proceedings on an Aclion of Debt in the Court of
Common Pleas; removed into the King's Bench by
Writ of Error.

§ I. Original*

Frticift. /[K €> IB Œ <8? 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 Oxfordfliire, greeting. CommanD Charles Long, late of Bur ford, gentleman, that justly and without delay he render to William Burton two hundred pounds, which he owes him and unjustly detains, as he faith. 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 faint Hilary, to shew wherefore he hath not done it. And have you there then the summoners, and this writ. SCtftnesfl ourself at Westminster, tkc twenty-fourth day of December, in the twenty-eighth year of our reign.

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.Attachment.

CMB£MB<IE><85 the second, by the grace of God os Great Britain, France, and Ireland king, defender of the faith, and so forth;

to

to the sheriff of Oxfordshire, greeting. #ut by gage and safe N° III. pledges Charles Long, late of Burford, gentleman, that he be be-' "»" fore our justices at Westminster on the octave of the purification of the blessed Mary, to answer to William Burton of .1 plea, that he render to him two hundred pounds which he owes him and unjustly detains, as he faith; and to shew wherefore he was not before our justices at Westminster on the octave of faint Hilary, as he was summoned. And have there then the names of the pledges and this writ. (Stttltefs sir John Willes, knight, at Westminster/ the twenty-third day of January, in the twentyeighth year of our reign.

The within-named Charles Long is ) Edward Leigh. Sheriff's attached by Pledges, j Robert Tanner. return<

<BŒÆ>1R4&<© the second, by the grace of God of Great DiJInr^aU Britain, France, and Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire, greeting. COe 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 fame, until you shall receive from us another command thereupon; and that you answer to us of the issues of the fame; 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 faith, and to hear his judgment of his many defaults. SQltttcss fir 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, Sheriffs whereby he may be distreined. return.

©ŒJaDIRfSU? the second, by the grace of God of Great Bri- CapUnad g, defender of the faith, and so forth; , greeting. CSU command you, that L13 • you

tain, France, and Ireland king, defender of the faith, and so forth; "ltcnitP to the sheriff of Oxfordshire, greeting. ZSXi command you, that

N* III. you tate Charles Long, late of Burford, gentleman, if he may be sound 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 faith; and whereupon you hare 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. SHitttcse sir John Willes, knight, at Westminster, the sixteenth day of April, in the twenty-eighth year of our reign.

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The within-named Charles Long is not found in my bailiwick.

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<0<85©IB<|><8; 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. {&$ command you, that you take Chair,'s 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 faith; and whereupon our sheriff of Oxfordshire hath made a return to our justices at 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, ectitnete sir John Willes knight, at Westminster, the seventh day of May, in the twenty-eighth year of our'reign.

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By virtue os 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 com. manded me.

"Or, upon the Return of Non est in ventus upon tit first Ca"pias, the Plaintiff may sue out an Alias and a Pluries, "and thence proceed to Outlawry thus i

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