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No III.

keep, so that he may have his body before the lord the king “ at Westminster, on Wednesday next after fifteen days of Easter, ks to answer William Burton, gentleman, of a plea of trespass ; “ (and also to a bill of the said William against the aforesaid “ 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 then this “ precept.

ac ctiam in debt.

" The within-named Charles Long is not found in my baili. “Sheriff's " wick.

“ return; " Nench

"inventus.

6. Latisare " GEDR$ € the second, by the grace of God of Great “ Britain, France, and Ireland king, defender of the faith, and “ fo forth; to the sheriff of Berkshire, greeting. Tühereas

we lately commanded our Theriff 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 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 “ Ac etiam ^ 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 theriff of Middlesex ar that day 're“ turned to us that the aforesaid Charles was not found in his “ bailiwick; whereupon on the behalf of the aforefaid William $ in our court before us it is sufficiently attested, that the afore“ said Charles lurks and runs about in your county : Therefore “ we command you, that you take him, if he may be found in or 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. Witness “ 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 « Sheriff's

“ return; 5 of the within-named Charles Long; which I have ready at the “retu

“ day

No III. « day and place within-contained, according as by this writ it is samme « commanded me. “ Cepi cora

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~ $ 4. Writ of Quo minus in the Exchequer.

« OEDK6E the second, by the grace of God of Great « Britain, France, and Ireland king, defender of the faith, and « so forth; to the theriff of Berkshire, greeting. We com“ mand you, that you omit not by reason of any liberty of your « county, but that you enter the same, and take Charles Long, “ late of Burford in the county of Oxford, gentleman, wherelo« ever he shall be found in your bailiwick, and him fafely 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 o answer William Burton our debtor of a plea that he render to “ him two hundred pounds which he owes him and unjuftly de“ tains, whereby he is the less able to satisfy us the debts which he “ owes us at our said exchequer, as he faith he can reasonably “ Thew that the same he ought to render : and have you there or this writ. Witness fir Thomas Parker, knight, at Weft“ minster, the fixth day of May, in the twenty-eighth year of « our reign.

“Sheriff's
« return;
« Cepicor.
* pus.”

“ By virtue of this writ to me directed, I have taken the body e " of the within-named Charles Long; which I have ready before " the barons within-written, according as within it is com, “ manded me."

$ 5. Special Bail; on the Irreft of the Defendant, pursuant to the

Teftatum Capias, in page xiv.

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snow all men by these presents, that we Charles Long of Burford in the county of Oxford, gentlemen, Peter Hamond of Bix in the said county, yeoman, and Edward Thomlinson of Woodstock in the said county, innholder, are held and firmly bound to Christopher Jones, esquire, sheriff of the county of

Berks, Berks, in four hundred pounds of lawful money of Great Bri- No III. tain, to be paid to the said sheriff, or his certain attorney, executors, administrators, or aligns; 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.

The condition 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.)

first duly stamped, in the Peter Hamond. (L.S.)
presence of

Edward Thomlinson. (L. S.)
Henry Shaw. :
Timothy Griffith.

e com

You Charles Long do acknowlege to owe unto the plaintiff Recogni. four hundred pounds, and you John Rose and Peter Hamond do zance of

bail, before severally acknowlege to owe unto the same person the sum of 1 two hundred pounds a-piece, to be levied upon your several goods missioner, and chattels, lands and tenements, upon condition that, if the defendant be condemned in the action, he shall pay the condemn. ation, or render himself a prisoner in the Fleet for the same; and, if he fail so to do, you John Rose and Peter Hamond do undertake to do it for him.

Trinity

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Bail piece. " Berks, 7 On a Teflatum Capias from Oxfordshire against

to wit. S Charles Long, late of Burford in the county of Ox. ford, gentleman, returnable on the morrow of the holy Trinity, at the suit of William Burton, of a plea of debt of two hundred pounds :

The bait are, John Rose, of Witney in the county of Oxford, csquire. Peter Hamond, of Bix in the said county, yeoman.

Richard Price, attorney!

for the defendant. S

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 ejje, before me,

Robert Grove,
one of the commissioners.

§ 6. The Record, as removed by Writ of ERROR.

Writ of errot.

. The lord the king hath given in charge to his trusty and

beloved fir John Willes, knight, his writ closed in these words: GEORGE 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 fir 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

in the county of Oxford, gentleman, of a certain debt of two N° III. hundred pounds, which the said William demands of the said in Charles, manifest error hath intervened, to the great damage of him the said William, as we from his complaint are informed : we, being willing that the error, if any there be, Mould be corrected in due manner, and that full and speedy justice should be done to the parties aforesaid in this behalf, do command you, that, if judgment thereof be given, then under your seal you do dir. tinctly and openly send the record and process of the plaint aforesaid, with all things concerning them, and this writ; so that we may have them from the day of Easter in fifteen days, wherefoever we shall then be in England ; that the record and process aforesaid being inspected, we may cause to be done thereupon, for correcting that error, what of right and according to the law and custom of our realm of England ought to be done. Witnels ourself at Westminster, the twelfth day of February, in the twenty-ninth year of our reign.

The record and process, whereof in the said writ mention above Chief juf. is made, follow in these words, to wit:

tice's return.

Pleas at Westminster before fir John Willes, knight, and his The record.

brethren, justices of the bench of the lord the king at Wefta mintter, of the term of the holy Trinity, in the twenty-eighth year of the reign of the lord George the second, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, &c.

Oxon, 2 Charles Long, late of Burford in the county afore. Writ. &

to wit. S said, gentleman, was summoned to answer William Burton, of Yarnton in the said county, gentleman, of a plea that he render unto him two hundred pounds, which he owes him and unjustly detains, (as he faith.) Hnd whereupon the Declara said William, by Thomas Gough his attorney, complains, that tion, or

count, on # whereas on the first day of December, in the year of our Lord bond one thousand seven hundred and fifty four, at Banbury in this county, the said Charles by his writing obligatory did acknow;

lege

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