in the county of Oxford, gentleman, of a certain debt of two No III. hundred pounds, which the faid William demands of the faid Charles, manifeft 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, fhould be corrected in due manner, and that full and speedy juftice should be done to the parties aforefaid in this behalf, do command you, that, if judgment thereof be given, then under your feal you do dif tinctly and openly fend the record and procefs of the plaint aforefaid, with all things concerning them, and this writ; fo that we may have them from the day of Eafter in fifteen days, wherefoever we shall then be in England; that the record and process aforefaid 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. Witnefs ourself at Westminster, the twelfth day of February, in the twenty-ninth year of our reign.

The record and procefs, whereof in the faid writ mention above Chief jufis 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 Westminster, of the term of the holy Trinity, in the twenty-eighth year of the reign of the lord GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, &c.

Oxon,

to wit.

Charles Long, late of Burford in the county afore- Wris. faid, gentleman, was fummoned to anfwer William Burton, of Yarnton in the faid county, gentleman, of a plea that he render unto him two hundred pounds, which he owes him and unjustly detains, [as he faith.] and whereupon the Declara faid William, by Thomas Gough his attorney, complains, tha tion, or whereas on the first day of December, in the year of our Lord one thoufand feven hundred and fifty four, at Banbury in this county, the faid Charles by his writing obligatory did acknow

count, on a

bond.

lege

No III. them at the time of the making the faid writing obligatory should finally ceafe and determine. And the faid William further faith, that although he afterwards, to wit on the fixth day of January, in the year of our Lord one thoufand feven hundred and fifty-five at Banbury aforefaid, requefted the faid Charles to pay to him the faid William the faid seventy-five Proteftando. pounds, yet (by proteftation that the faid Charles hath not stood to, obeyed, obferved, fulfilled, or kept any part of the faid award, which by him the faid Charles ought to have been stood to, obeyed, obferved, fulfilled, and kept) for further plea therein he faith, that the faid Charles the faid feventy-five pounds to the said Willliam hath not hitherto paid and this he is ready to verify. Wherefore he prays judgment, and his debt aforesaid, together with his damages occafioned by the detention of the Demurrer. faid debt, to be adjudged unto him, &c. And the aforefaid Charles faith, that the plea aforefaid, by him the faid William in manner and form aforefaid above in his replication pleaded, and the matter in the fame contained, are in no wife fufficient in law for the faid William to have or maintain his action aforefaid thereupon against him the faid Charles; to which the faid Charles hath no neceflity, neither is he obliged by the law of the land, in any manner to answer: and this he is ready to verify. Where. fore, for want of a fufficient replication in this behalf, the faid Charles, as aforefaid, prays judgment, and that the af refaid William may be precluded from having his action aforefaid thereupon against him, &c. And the faid Charles, according to the form of the ftatute in that cafe made and provided, fhews to the court here the caufes of demurrer following; to wit, that it doth not appear, by the replication aforefaid, that the faid arbitators made the fame award in the prefence of two credible witnesses on or before the faid firft day of January, as they ought to have done, according to the form and effect of the condition aforefaid; and that the replication aforefaid is uncertain, infufficient, Joinder in and wants form. And the aforesaid William faith, that the plea demurer. aforefaid by him the faid William in manner and form aforefaid above in his replication pleaded, and the matter in the fame contained, are good and fufficient in law for the faid William to have and maintain the faid action of him the faid William there

Caufes of demurrer.

upon

upon against the faid Charles; which said plea, and the matter N° III. therein contained, the faid William is ready to verify and prove as the court fhall award: and because the aforefaid Charles hath not answered to that plea, nor hath he hitherto in any manner denied the fame, the faid William as before prays judgment, and his debt aforesaid, together with his damages occafioned by the detention of that debt, to be adjudged unto him, &c. and Continubecause the justices here will advise themselves of and upon the ances. premites before they give judgment thereupon, a day is thereupon given to the parties aforesaid here, until the morrow of All Souls, to hear their judgment thereupon, for that the faid justices here are not yet advifed thereof. At which day here come as well the faid Charles as the faid William, by their taid attorneys; and because the faid juftices here will farther advise themselves of and upon the premises before they give judgment thereupon, a day is farther given to the parties aforefaid here until the octave of faint Hilary, to hear their judgment thereupon, for that the faid juftices here are not yet advised thereof. At which day here come as well the faid William Burton as the faid Charles Long, by their faid attorneys. Wherefore, the record Opinion of and matters aforefaid having been feen, and by the juftices here the court. fully understood, and all and fingular the premises being examined, and mature deliberation being had thereupon; for that Replicait feems to the faid justices here, that the faid plea of the faid cation inWilliam Burton before in his replication pleaded, and the matter Judgment therein contained, are not fufficient in law, to have and main- for the de

fufficient.

Querens nibil

tain the action of the aforefaid William against the aforefaid fendant. Charles; therefore it is confidered, that the aforefaid William capiat per take nothing by his writ aforefaid, but that he and his pledges of breve. profecuting, to wit, John Doe and Richard Roe, be in mercy for his falfe complaint; and that the aforefaid Charles go thereof without a day, &c. And it is farther considered, that the afore- Amercefaid Charles do recover against the aforefaid William eleven pounds ment. and feven fhillings, for his cofts and charges by him about his defence in this behalf sustained, adjudged by the court here to the faid Charles with his confent, according to the form of the statute in that cafe made and provided: and that the aforefaid Charles Execution. may have execution thereof, &c.

Cofts.

M m 2

after

xxviii

APPENDI X.

N° III. lege himself to be bound to the said William in the faid fum of two hundred pounds of lawful money of Great Britain, to be paid to the faid William, whenever after the said Charles should be thereto required; nevertheless the faid Charles (although often required) hath not paid to the faid William the faid fum of two hundred pounds, nor any part thereof, but hitherto altogether hath refufed, and doth ftill refufe, to render the fame; wherefore he faith that he is injured, and hath damage to the value of ten pounds: and thereupon he brings fuit, [and good proof.] no he brings here into court the writing obligatory aforefaid; which teftifies the debt aforefaid in form aforefaid; the date whereof is the day and year before-mentioned. aud the aforefaid Charles, by Richard Price his attorney, comes and defends the force and injury when [and where it shall behove him,] and craves oyer of the faid writing obligatory, and it is read Oyer pray- unto him [in the form aforesaid]: he likewise craves oyer of the condition of the faid writing, and it is read unto him in these condition, words: "The condition of this obligation is fuch, that if the

Profert in

curia.

Defence.

ed of the

bond, and

wix. to per

form an award.

above bounden Charles Long, his heirs, executors, and ad"ministrators, and every of them, fhall 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 faid county, clerk, and Henry Bacon " of Woodstock, aforefaid, gentleman, (arbitrators indifferently "nominated and chofen by and between the faid Charles Long " and the abovenamed William Burton, to arbitrate, award, "order, rule, judge, and determine, of all and all manner of actions, cause or caufes of action, fuits, plaints, debts, duties, reckonings, accounts, controverfies, trefpaffes, 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, caufe, or thing, from the beginning of "the world until the day of the date hereof,) which the faid " arbitrators fhall make and publish of or in the premises, in

writing under their hands and feals, or otherwife by word of "mouth, in the presence of two credible witneffes, on or before "the first day of January next enfuing the date hereof; then "this

7

Impariance.

ance.

No fuch

award.

"this obligation to be void and of none effect, or elfe to be N° III. " and remain in full force and virtue." Which being read and heard, the faid Charles prays leave to imparl therein here until the octave of the holy Trinity; and it is granted unto him. The fame day is given to the faid William Burton here, &c. ContinuAt which day, to wit, on the octave of the holy Trinity, here come as well the faid William Burton as the faid Charles Long, by their attorneys aforefaid: and hereupon the faid William prays that the faid Charles may anfwer to his writ and count aforefaid. And the aforesaid Charles defends the force and in- Plea; jury, when, &c. and faith, that the faid William ought not to have or maintain his faid action against him; because he faith, that the faid David Stiles and Henry Bacon, the arbitrators beforenamed in the said condition, did not make any fuch award, arbitrament, order, rule, judgment, final end, or determination, of or in the premises above specified in the faid condition, on or before the first day of January, in the condition aforesaid above mentioned, according to the form and effect of the faid condition and this he is ready to verify. Wherefore he prays judgment, whether the faid William ought to have or maintain his faid action thereof against him [and that he may go thereof without a day.] and the aforefaid William faith, that, for any Replicathing above alleged by the faid Charles in pleadings, he ought tion, fetting forth not to be precluded from having his faid action thereof against an award. him; because he faith, that after the making of the faid writing obligatory, and before the faid first day of January, to wit, on the twenty-sixth day of December, in the year aforefaid, at Banbury aforefaid, in the prefence of two credible witneffes, namely, John Dew of Chalbury, in the county aforefaid, and Richard Morris of Wytham, in the county of Berks, the faid arbitrators undertook the charge of the award, arbitrament, order, rule, judgment, final end, and determination aforefaid, of and in the premifes fpecified in the condition aforefaid; and then and there made and published their award by word of mouth in manner and form following, that is to fay: The faid arbitrators did award, order, and adjudge, that he the faid Charles Long fhould forthwith pay to the faid William Burton the fum of feyenty-five pounds, and that thereupon all differences between VOL. III.

M m

them