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N°Iir. "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.
« Capias ut- ,i (2»(jg<j) jRdJf© the second, by the grace of God of Great 6 '"Britain, France, and Ireland king, defender os the faith, and "so forth; to the lheriff of Berklhire, greeting, de com"mabd 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, f of a plea of debt, as the sheriff of Oxfordshire aforesaid re*' turned to our justices at Westminster on the morrow of AH "Souls then next ensuing) if the said Charles Long 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 faint Martin in fifteen days to do and receive what our « court shall consider concerning him in this behalf. COttnesa «' sir John Willes, knight, at Westminster, the sixth day of No"vemberin the twenty-ninth year of our reign.
« Sheriff's "By virtue of this writ to me directed, I have taken the body *« return; <« 0f the within-named Charles Long; which I have ready at the "pus. "day and place within-contained, according as by this writ it is. "commanded me.
«« § 3. • Sill of Middlesex, and Latitat tbertupon in the Court »f •« King's Bench.
"Bill of «« Middlesex, | "Ifce j&herfff is commanded that he taka
"srxiror" "t0 wit-" * "Charl"Long«lateof Burford in the county
"trespassj " of Oxford, if he may be found in his bailiwick, and him safely
* Note, that § 3, and 4, are the usual method of process, to compel an appearance in the courts of '<»g'i btnch, and exchequer; in which the practice of those courts does principally differ from that of the court of cemmon fleas; the subsequent stages of proceedings being nearly alike in tin m all.
4 « keep,
*• keep, so that he may have his body before the lord the king
"at Westminster, on Wednesday next after fifteen days of Easter,
"to answer William Burton, gentleman, os a plea of trespass;
"[anD also to a bill of the said William against the aforesaid "octtiam ■■ • ?■ .' w debt.
*' Charles, for two hundred pounds of debt, acording to the
"custom of the court of the said lord the king, before the king
*' himself to be exhibited;] and that he have there ^hen this
*« The within-named Charles Long is not found in my baili- "Sheriff:*
U wick. '"rctum}
"No* est "invenlui. f' Latitat,
"<5<fl;£DlR<S><2 the second, by the grace of God os Great. "Britain, France, and Ireland king, defender of the faith, and "so forth; to the sheriff of Berkshire, greeting. t&bemB ■*' we lately commanded our sheriff of Middlesex that he should "take Charles Long, late of Burford in the county of Oxford, '* if he might be found in his bailiwick, and him safely keep, "so 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; [an* also to a bill of the said William "Ac/turns' 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 re"turned to us that the aforesaid Charles was not found in his *' bailiwick; whereupon on the behalf of the aforesaid William f* in our court before us it is sufficiently attested, that the afore"said Charles lurks and runs about in your county: Cijcrcfore "we command you, that you take him, if he may be found in "your bailiwick, and him safely keep, so that you may have his *' body before us at Westminster on Tuesday next after five weeks "of Easter, to answer to the aforesaid William of the plea [and "bill] aforesaid; and have you there then this writ. uHitncsa "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 "Sheriff'* *' of the within-named Charles Long; which I have ready at the ntWD>
« G> <£<©]& 45 Œ 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. ullt com"mand you, that you omit not by reason of any liberty of your "county, but that you enter the same, and take Charles Leng, "late of Burford in the county of Oxford, gentleman, whereso"ever he shall be found in your bailiwick, and him safely keep, "so that you may have his body before the barons of our exche"quer 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 satisfy us the debts which he "owes us at our laid exchequer, as he faith he can reasonably "(hew that the same he ought to render: and have you there «* this writ. Ktitncss sir Thomas Parker, knight, at West"minster, the sixth day of May, in the twenty-eighth year of *« our reign.
"Sheriff* « By virtue of this writ to me directed, I have taken the body « Clfi CJ. "of the within-named Charles Long; which I have ready before "fui." « the barons within-written, according as within it is com-. "manded me."
§ 5. Special Bail; en the Arrest os the Defendant, pursuant to tbt Testatum Capias, ;* page xiv.
Sail bond ftnob) all men by these presents, that we Charles Long of
to the she- Burford jn t],e county of Oxford, gentlemen, Peter Hamood of
Bix in the said county, yeoman, and Edward ThomKnson of
Woodstock in the said county, innholder, are held and firmly
bound to Christopher Jones, esquire, sheriff of the county of
Berks, Series, in four hundred pounds of lawful money of Great Bri- N° III. tain, to be paid to the said sheriff, or his certain attorney, exe- ~. '" cutors, administrators, or isiigns; for which payment well and truly to be made, we bind ourselves and each of us by himself for the whole and in gross, 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.
Cljc contrition of this obligation is such, that if the abovebounden 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 shall be void and of none effect, or else shall be and remain in full force and virtue.
Sealed, and delivered, being Charles Long. (L.S.)
#0U Charles Long do acknowlege to owe unto the plaintiff R«cognIfour hundred pounds, and you John Rose and Peter Hamond do ".nce o( severally acknowlege to owe unto the same person the sum of ,he com-" two hundred pounds a-piece, to be levied upon your several goods miflioner. and chattels, lands and tenements, upon coil oft sou that, if the defendant be condemned in the action, he (hall pay the condemnation, or render himself a prisoner in the Fli-* t for the same; and, if he fail so to do, you John Rose and Peter Hamond do undertake to do it for him.
N° III. w ^ -' Trinity Term, 28 Geo. II.
Bail piece. Berks,? •©n a Ttftatum Capias from Oxfordshire against to wit.' Charles Long, 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:
Che baft are, John Rose, of Witney in the county of Oxford, esquire. Peter Hamond, of Bix in the said county, yeomaa.
Richard Price, attorney?
The party himself in £ 400.
Taken and acknowleged- the twenty-eighth
§ 6. The Record, as removed by Writ of Et. to*..
Writ os Œht lotfc the king hath given in charge to his trusty and
«"**■ beloved sir John Willes, knight, his writ closed in these words:
*£ C £> IS <B Œ 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