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Continu. ance.

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Plaintiff

pelled. 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 Co 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 Mall 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 infufficient or erroneous, and the court. that the same ought not to be quashed, and that no new trial ought to be had of the issue aforesaid, Cherefore it is cond- Judgment, dered, 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 alsoftwenty-seven pounds fix thillings 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 Capiatur pro “ lord the king].". and hereupon the said Richard by his attorney fine.

Writ of aforesaid prayeth a writ of the lord the king, to be directed to poletion. the sheriff of the county aforefaid, to cause him to have possession of his term aforesaid yet to come, of and in the tenements aforefaid, with the appurtenances : and it is granted unto him, return. able before the lord the king on the morrow of the holy Trinity, wheresoever he shall then be in England. At which day before and return. the lord the king, at Westminster, cometh the said Richard by his attorney aforesaid ; and the sheriff, that is to say, fir Thomas Reeve, knight, now sendeth, that he by virtue of the writ afore. faid to him directed, on the ninth day of June last past, did cause

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No III. faid lord the king, assigned to hold pleas before the king hiriban felf, justices of the said lord the king, assigned to take affises in

the county of Berks by the form of the statute (in that cafe previded,] 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 be.

cause the rest of the jurors of the same jury did not appear, Tales de cir- therefore others of the by- standers being chosen by the sheriff, Intibus. at the requelt 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, Verdiet for upon their oath say, that the aforesaid George Saunders is guilty the plaintiff.

of the trespass and ejectment within-written, in manner and form as the aforesaid Richard Smith within complains against him ; and ailess the damages of the said Richard Smith, on occasion of that trespass and ejectment, besides his costs and charges which he liath been put unto about his suit in that behalf, to twelve pence : and, for those costs and charges, to forty shillings. Wihereupon 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 Motion in aforesaid: and the said George Saunders, by his attorney afore. arrest of faid faith, that the court here ought not to proceed to give judg. judgment.

ment upon the said verdiet, and prayeth that judgment against him the said George Saunders, in and upon the verdi& aforesaid by the jurors aforesaid given in the form aforesaid, may be Itayed, by reason that the said verdict is infufficient and erroneous, and that the same verdict may be qualhed, and that the issue aforesaid may be tried anew by other jurors to be afresh impa

nelled.

ance.

nelled. And, because the court of the lord the king here is not No III. 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 Mall 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 court. that the same ought not to be quashed, and that no new trial ought to be had of the issue aforesaid, Cherefore it is cond- Judgment, dered, that the said Richard do recover against the said George Pis;

jor the 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 fix shillings and Colls. 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 ámount to twenty-nine pounds seven shillings and eight pence. « And let the said George be taken, (until he maketh fine to the Capiatur tre « lord the king).”* And hereupon the said Richard by his attorney fine. aforesaid prayeth a writ of the lord the king, to be directed to potresa 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, return. able before the lord the king on the morrow of the holy Trinity, wheresoever he shall then be in England. At which day before and return. the lord the king, at Westminster, cometh the said Richard by his attorney aforesaid ; and the sheriff, that is co say, fir Thomas Reeve, knight, now sendeth, that he by virtue of the writ afore. said to him directed, on the ninth day of June laft paft, did cause

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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 Astion of Debt in the Court of

Common Pleas; removed into the King's Bench by
Writ of ERROR.

$1. Original.

Praecipe.

REDB6E the second, by the grace of God of Great

Britain, France, and Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire, greeting. Command Charles Long, late of Burford, gentleman, that justly and without delay he render to William Burton two hundred pounds, which he owes him and unjustly detains, as he faith. And unless he shall so do, and if the said William fhall make you secure of prosecuting his claim, then fummon by good summoners the aforesaid Charles, that he be before our justices, at Westminster, on the octave of saint Hilary, to shew 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.

Sheriff's return.

Pledges 7 John Doe.

Summoners of the Rocer Morris.

within-named > of prole- Richard Doe. Charles Long,

(Henry Johnson. '?

cution.

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Attachment.

GEORGE the second, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and so forth;

to

No III.

Pone.

to the sheriff of Oxfordshire, greeting. Put by gage and safe 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 a plea, that he render to him two hundred pounds which he owes him and unjustly detains, as he faith; and to thew 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 fir 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.
attached by Pledges,

Robert Tanner.

Sheriff's return,

GEDR 6E the second, by the grace of God of Great Difringasa Britain, France, and Ireland king, defender of the faith, and so forth; to the sheriff of Oxfordshire, greeting. We command you, that you diftrein Charles Long, late of Burford, gentle. man, 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 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 faith, and to hear his judg. ment of his many defaults. Witness fir John Willes, knight, at Westminster, the twelfth day of February, in the twenty-eighth year of our reign.

nder to him two answer to Wilminfler from

The within-named Charles Long hath nothing in my bailiwick, Sheriff's whereby he may be diftreined.

return. Nibil.

GEDR 66 the second, by the grace of God of Great Bri- Capias ad tain, France, and Ireland king, defender of the faith, and so forth ; refpondere to the sheriff of Oxfordshire, greeting. We command you, that

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you

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