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upon against the said Charles; which said plea, and the matter No III. therein contained, the said William is ready to verify and prove as the court shall award : and because the aforesaid Charles hath not answered to that plea, nor hath he hitherto in any manner denied the same, the laid William as before pravs judgment, and his debt aforesaid, together with his damages occasioned by the detention of that debt, to be adjudged unto him, &c. 3110 Continu. because the justices here will advise themselves of and upon the ances premiies 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 said justices here are not yet advised thereof. At wnich day here come as well the said Charls as the said William, by their laid attorneys; and because the said justices here will farther advise themselves of and upon the premises before they give judgment thereupon, a day is farther given to the parties aforesaid here until the octave of saint Hilary, to hear their judgment thereupon, for that the faid justices here are not yet advised thereof. At which day here come as well the said William Burton as the said Charles Long, by their faid attorneys. cdherefore, the record Opinion of and matters aforesaid having been seen, and by the justices here the court. fully understood, and all and singular the premises being examined, and mature deliberation being had thereupon ; for that Replicait seems to the faid justices here, that the said plea of the faid cation in

fufficient. William Burton before in his replication pleaded, and the matter Judem no therein contained, are not sufficient in law, to have and main. for the detain the action of the aforesaid William

. fendant.

against the aforesaid Charles; therefore it is conüidered, that the aforesaid William capiat per take nothing by his writ aforesaid, but that he and his pledges of breve. prosecuting, to wit, John Doe and Richard Roe, be in mercy for his false complaint ; and that the aforesaid Charles go thereof without a day, &c. and it is farther conüdered, that the afore- Amercesaid Charles do recover against the aforesaid William eleven pounds ment:

Costs. and seven shillings, for his costs and charges by him about his de. fence in this behalf sustained, adjudged by the court here to the faid Charles with his consent, according to the form of the statute in that case made and provided : and that the aforesaid Charles Execution may have execution thereof, &c. Mm 2

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No III. Wfterwards, to wit, on Wednesday next after fifteen days s m of Easter in this same term, before the ļord the king, at West. General errer afligned.

mintter, comes the aforesaid William Burton, by Peter Manwaring his attorney, and laich, that in the record and process aforesaid, and also in the giving of the judgment in the plaint aforesaid, it is manifestly erred in this; to wit, that the judgment aforesaid was given in form aforesaid for the said Charles Long against the aforesaid William Burton, whereby the law of the land judgment Tould have been given for the said William

Burton against the said Charles Long: and this he is ready to Writ of Sci- verify. 2nd the said William prays the writ of the said lord

to the king, to warn the said Charles Long to be before the said hear errors. he

lord the king, to hear the record and process aforesaid : and it is granted unto him : by which the sheriff aforesaid is commanded that by good [and lawful men of his bailiwick] he cause the aforesaid Charles Long to know, that he be before the lord the king from the day of Easter in five weeks, wheresoever she shall then be in England,] to hear the record and process aforesaid, if (it shall have happened that in the same any error shall have intervened ;] and farther [to do and receive what the court

of the lord the king shall consider in this behalf.] The same day Sheriff's is given to the aforesaid William Burton. It which day before return;

the lord the king, at Weitminster, comes the aforesaid William Scire feci.

Burton, by his attorney aforesaid: and the sheriff returns, that by virtue of the writ aforesaid to him directed he had caused the said Charles Long to know, that he be before the lord the king at the time aforesaid in the said writ contained, by John Den and Richard Fen, good, &:; as by the fame writ was commanded him: which said Charles Long, according to the

warning given him in this behalf, here cometh by Thomas Error af. Webb his attorney. adhereupon the said William faith, that in signed

the record and procels aforesaid, and also in the giving of the judgment aforesaid, it is manifestly erred, alleging the error aforcsaid by him in the form aforesaid alleged, and prays, that the judgment aforesaid for the error aforesaid, and others, in the record and process aforesaid being, may be reversed, annulled, and entirely for nothing esteemed, and that the said Charles may rejoin to the errors aforesaid, and that the court of the said 13

lord

afroh.

lord the king here may proceed to the examination as well of No III. the record and process aforesaid, as of the matter aforesaid above for error assigned. And the said Charles faith, that neither in Rejoinder i

In nullo eft the record and process aforesaid, nor in the giving of the judg- erratu ment aforesaid, in any thing is there erred ; and he prays in like manner that the court of the said lord the king here may proceed to the examination as well of the record and process aforesaid, as of the matters aforesaid above for error assigned. 2nd Continubecause the court of the lord the king here is not yet advised ance. what judgment to give of and upon the premises, a day is there. of given to the parties aforesaid until the morrow of the holy Trinity, before thte lord the king, wheresoever he shall then be in England, to hear their judgment of and upon the premises, for that the court of the lord the king here is not yet advised thereof. At which day before the lord the king, at Westmin. fter, come the parties aforesaid by their attorneys aforesaid : Whereupon, as well the record and process aforesaid, and the Opinion of judgment thereupon given, as the matters aforesaid by the said the court. William above for error assigned, being seen, and by the court of the lord the king here being fully understood, and mature deliberation being thereupon had, for that it appears to the court of the lord the king here, that in the record and process aforesaid, and also in the giving of the judgment aforesaid, it is manifestly erred, therefore it is conddered, that the judgment aforesaid, Judgment for the error aforesaid, and others, in the record and process of the com. aforesaid, be reversed, annulled, and entirely for nothing el-re

of mon pleas teemed; and that the aforesaid William recover against the afore- Judgment faid Charles his debt aforesaid, and also fifty pounds for his damages

for the which he hath sustained, as well on occasion of the detention of Corts. the said debt, as for his costs and charges unto which he hath been put about his fuit in this behalf, to the said William with his consent by the court of the lord the king here adjudged. And Defendant the said Charles in mercy.

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$7. Process of Execution. 6€ DR 6 E the second, by the grace of God of Great Writ of caBricain, France, and Ireland king, defender of the faith, and fias ad satis

faciendum,

No III. so forth, to the sheriff of Oxfordshire, greeting. We command

you, that you cake Charles Long, late of Burford, genueman,
if he may be found in your bailiwick, and him fafely keep, so
that you may have his body before us in three weeks from the
day of the holy Trinity, wheresoever we shall then be in Eng-
Jand, to satisfy William Burton, for two hundred pounds debt,
which the said William Burton hath lately recovered against him
in our court before us, and also fifty pounds, which were ad-
judged in our said court before us to the said William Burton, for
his damages which he hath sustained, as well by occasion of the
detention of the said debt, as for his costs and charges to which
he hath been put about his fuit in this behalf, whereof the said
Charles Long is convicted, as it appears to us of record : and
have you there then this writ. Witness fir Thomas Denison *,
knight, at Westminster, the nineteenth day of June, in the twenty-
ninth year of our reign.

Sheriff's By virtue of this writ to me directed, I have taken the body of return; the within-named Charles Long ; which I have ready before the Cepi Corpus.

* lord the king, at Westminster, at the day within-written, as with.

in it is commanded me.

Writ of GEDB6E the second, by the grace of God of Great Fieri facias. Britain, France, and Ireland king, defender of the faith, and

so forth, to the sheriff of Oxfordshire, greeting. We command you that of the goods and chattels within your bailiwick of Charles Long, late of Burford, gentleman, you cause to be made two hundred pounds debt, which William Burton lately in our court before us at Westminster hath recovered against him, and also fifty pounds, which were adjudged in our court before us to the said William, for his damages which he hath sustained, as well by occasion of the detention of his faid debt, as for his costs and charges to which he hath been put about his suit in this behalf, whereof the said Charles Long is convicted, as it appears to us of record; and have that money before us in three weeks from the

• The senior puisnè justice; there being no chief justice that term.

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day of the holy Trinity, wheresoever we shall then be in England, N° III. to render to the faid William of his debt and damages aforesaid : and have there then this writ. Witnela fir Thomas Denison, knight, at Westminster, the nineteenth day of June, in the twenty-ninth year of our reign.

By virtue of this writ to me directed, I have caused to be made Sheriff's of the goods and chattels of the within-written Charles Long, return; .

· Fieri fui. two hundred and fifty pounds; which I have ready before the lord the king at Westminster at the day within-written, as it is within commanded me.

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THE END.

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