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No III. "fifth time, I caufed to be proclaimed, the third time, that the "faid Charles Long fhould render himself unto me, as within it " is commanded me.

"Capias ut"GEDRGE the fecond, by the grace of God of Great Lagatum. Britain, France, and Ireland king, defender of the faith, and "fo forth; to the fheriff of Berkshire, greeting. de com"mand you, that you omit not by reafon 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 "faid county of Oxford, on Thursday the fixteenth day of

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October laft paft, at the fuit of William Burton, gentleman, "of a plea of debt, as the sheriff of Oxfordshire aforesaid re"turned to our juftices at Westminster 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 Weftminster from the "day of faint Martin in fifteen days to do and receive what our "court fhall confider concerning him in this behalf. Witness "fir John Willes, knight, at Weftminster, the fixth day of No"vember in the twenty-ninth year of our reign.

ἐσ

"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.

"Bill of

"Middle

"fex for

"trefpafs;

"§ 3. Bill of Middlesex, and Latitat thereupon in the Court of "King's Bench.

"Middlefex,

}

"The Sheriff is commanded that he take "Charles Long, late of Burford in the county "of Oxford, if he may be found in his bailiwick, and him fafely

"to wit."

*Note, that § 3, and 4, are the ufual method of process, to compel an ap pearance in the courts 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 fubfequent stages of proceedings being nearly alike in them all.

4

« keep,

"ac ctiam "in debt.

keep, fo that he may have his body before the lord the king No III. " at Westminster, on Wednesday next after fifteen days of Eafter, * to answer William Burton, gentleman, of a plea of trespass; "[and also to a bill of the said William against the aforefaid "Charles, for two hundred pounds of debt, acording to the "custom of the court of the faid lord the 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 "wick.

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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 Berkshire, greeting. Whereas we lately commanded our fheriff of Middlesex 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 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 "Acetiam. against the aforefaid 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 re❝ turned 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 afore"faid Charles lurks and runs about in your county: Therefors "we command you, that you take him, if he may be found in

your bailiwick, and him fafely keep, fo that you may have his "body before us at Westminster on Tuesday next after five weeks "of Eafter, to answer to the aforefaid William of the plea [and

bill] aforefaid; and have you there then this writ. Witnels *fir 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-named Charles Long; which I have ready at the

"Sheriff's ❝ return;

N° III. ..

«Cepi cor<< pus.

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day and place within-contained, according as by this writ it is commanded me.

"§ 4. Writ of Quo minus in the Exchequer.

" GEDRGE 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 Berkshire, greeting. te com"mand you, that you omit not by reason 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, whereso"ever he shall be found in your bailiwick, and him safely keep, "fo 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 de"<tains, whereby he is the less able to fatisfy us the debts which he "owes us at our faid exchequer, as he faith he can reasonably "fhew that the fame he ought to render: and have you there "this writ. Witness fir Thomas Parker, knight, at Weft"minfter, the fixth day of May, in the twenty-eighth year of << our reign.

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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 barons within-written, according as within it is com "manded me."

Bail bond

riff.

5. Special Bail; on the Arreft of the Defendant, pursuant to the Teftatum Capias, in page xiv.

Bnow all men by these presents, that we Charles Long of to the the- Burford in the county of Oxford, gentlemen, Peter Hamond of Bix in the faid county, yeoman, and Edward Thomlinfon of Woodstock in the faid county, innholder, are held and firmly bound to Chriftopher Jones, efquire, fheriff of the county of

Berks,

Berks, in four hundred pounds of lawful money of Great Bri- N° III. tain, to be paid to the said sheriff, or his certain attorney, executors, adminiftrators, or affigns; for which payment well and truly to be made, we bind ourselves and each of us by himself for the whole and in grofs, our and every of our heirs, executors, and adminiftrators, firmly by these presents, fealed with our feals. Dated the fifteenth day of May in the twenty-eighth year of the reign of our fovereign lord George the fecond, 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 fuch, that if the abovebounden Charles Long do appear before the juftices of our fovereign 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 fhall be void and of none effect, or else shall be and remain in full force and virtue.

Sealed, and delivered, being
first duly ftamped, in the
prefence of

Henry Shaw.
Timothy Griffith.

Charles Long. (L. S.)
Peter Hamond. (L. S.)
Edward Thomlinfon. (L. S.)

bail, before

You Charles Long do acknowlege to owe unto the plaintiff Recogni four hundred pounds, and you John Rofe and Peter Hamond do zance of feverally acknowlege to owe unto the fame perfon the fum of the comtwo hundred pounds a-piece, to be levied upon your feveral goods miffioner. and chattels, lands and tenements, upon condition that, if the defendant be condemned in the action, he fhall pay the condemnation, or render himself 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

N° III.

Bail piece.

Trinity Term, 28 GEO. II.

to wit.

Berks, 7 Dn a Teftatum Capias from Oxfordshire against Charles Long, late of Burford in the county of Ox. ford, 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 himself in £400.
Each of the bail in £ 200.

Taken and acknowleged the twenty-eighth
day of May, in the year of our Lord one
thousand seven hundred and fifty-five, de
bene effe, before me,

Robert Grove,

one of the commiffioners.

Writ of error.

§ 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 these 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 trusty and beloved fir John Willes, knight, greeting. Because 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

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