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« 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, 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, exe- . *

cutors, administrators, or asiigns; 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, aud Ireland, defender of the faith, and so forth, and in the year of our Lord one thousand, seven hundred, and fifty-five.

3C!jC 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. (t,.S.)
first duly stamped, in the Peter Hamond. (L. S.)
presence of Edward Thomlinson. (L. S.)

Henry Shaw.
Timothy Griffith.

J?0U Charles Long do acknowlege to owe unto the plaintiff Rtcognlfour hundred pounds, and you John Rose and Peter Hamond do 2»nce o{ severally acknowlege to owe unto the same person the sum of the'eomt" two hundred pounds a-piece, to be levied upon your several goods mislioncr. and chattels, lands and tenements, upon con&itton that, if the defendant be condemned in the action, he (hall pay the condemnation, 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

N° III. *—"* 'Trinity Term, 28 Geo. II.

Bail piece. Berks, 7 £)rt a Teftatum Capias from Oxfordshire against to wit. * Charles Long, late of Burford in the county of Oxford, gentleman, returnable on the morrow of the hcly Trinity, at the suit of William Burton, of a plea of debt of two hundred pounds:

Che bail are, John Rose, of Witney in the county of Oxford, esquire. Peter Hamond, of Bix in the said county, yeoman.

Richard Price, attorney J
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
icne ejft, before me,

Robert Grove,
one of the commissioners.

§ 6. The Record, a: removed by Writ of Error.

Writ of Che loto the king hath given in charge to his trusty and

«ror- beloved sir John Willes, knight, his writ closed in these words:

C 4E &> 18 <& <& 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. Œccituse 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

inIn the county of Oxford, gentleman, of a certain debt of two N8 III. hundred pounds, which the (aid William demands of the said 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, should be corrected in due manner, and that full and speedy justice mould be done to the parties aforesaid in this behalf, do cbmmand you, that, if judgment thereof be given, then under your seal you do distinctly 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, wheresoever 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. CHitmsfl ourself at Westminster, the twelfth day of February, in the twenty-ninth year of our reign.

Cl)e record and process, whereof in the said writ mention above Chief jus

is made, follow in these words, to wit: tice'* re" •

turn.

-plena at Westminster before sir John Willes, knight, and his ThcrecorJ. brethren, justices of the bench of the lord the king at Westminster, 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, 7 CrjarlC0 Long, late of Burford in the county afore- Writ. • to wit. J 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.] 9tl1> toljcrcupon the DecUrasaid William, by Thomas Gough his attorney, complains, that tion>or whereas on the first day of December, in the year of our Lord bond' one thousand seven hundred and fifty sour, at Banbury in this county, the said Charles by his writing obligatory did acknowr

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lege himself to be bound to the said William in the said sum of two hundred pounds of lawful money of Great Britain, to be paid to the said William, whenever after the said Charles should be thereto required; nevertheless the said Charles (although often required) hath not paid to the said William the said sura os two hundred pounds, nor any part thereof, but hitherto altogether hath refused, and doth still refuse, to render the same; wherefore he faith that he is injured, and hath damage to the value of ten pounds: and" thereupon he brings suit, [and good proof.] 3Plttl he brings here into court the writing obligatory aforesaid; which testifies the debt aforesaid in form aforesaid; the date whereof is the day and year before-mentioned. 3nD the aforesaid Charles, by Richard Price his attorney, comes and defends the force and injury when [and where it shall behove him,] and craves oycr of the said writing obligatory, and it is read unto him [in the form aforesaid]: he likewise craves oyer of the condition of the said writing, and it is read unto him in these words: *• The condition of this obligation is such, that if the "above bounden Charles Long, his heirs, executors, and ad"ministrators, and every of them, shall and do from time to "time, and at all times hereafter, well and truly stand to, obey, "observe, fulfil, and keep, the award, arbitrament, order, "rule, judgment, final end,.and determination, of David Stiles', "of Woodstock in the said county, clerk, and Henry Bacon. "of Woodstock, aforesaid, gentleman, (arbitrators indifferently "nominated and chosen by and between the said Charles Long ** and the abovenamed William Burton, to arbitrate, award, "order, rule, judge, and determine, of all and all manner of "actions, cause or causes of action, suits, plaints, debts, duties, "reckonings, accounts, controversies, trespasses, and demands "whatsoever had, moved, or depending, or which might have "been had, moved, or depending,, by and between the said par'* ties, for any matter, cause, or thing, from the beginning of •' the world until the day of the date hereof,) which the said "arbitrators shall make and publilh* of or in the premises, in •' writing under their hands and seals, or otherwise by word os "mouth, in the presence of two credible witnesses, on or before "the first day of January next ensuing the date hereof; then

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