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No III. them at the time of the making the faid writing obligatory fhould 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 thousand feven hundred and fifty-five at Banbury aforefaid, requested 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 said 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 faid 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 said first 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 aforesaid 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

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upon against the said Charles; which said plea, and the matter N° III. therein contained, the faid William is ready to verify and prove as the court shall 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. nd Continubecause the justices here will advise themselves of and upon the premises 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 juftices here are not yet advised thereof. At which day here come as well the faid Charles as the faid William, by their faid attorneys; and because the said 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 seen, and by the juftices here the court. fully understood, and all and fingular the premifes being examined, and mature deliberation being had thereupon; for that Replicait seems to the faid juftices 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 detain the action of the aforefaid William against the aforefaid Querens nikil Charles; therefore it is confidered, that the aforefaid William capiat per take nothing by his writ aforefaid, but that he and his pledges of 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. Ind it is farther considered, that the afore- Amercefaid Charles do recover against the aforefaid William eleven pounds and seven shillings, 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.

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Afterwards, to wit, on Wednesday next after fifteen days of Eafter in this fame term, before the lord the king, at Weftminfter, comes the aforefaid William Burton, by Peter Manwaring his attorney, and faith, that in the record and procefs aforefaid, and alfo in the giving of the judgment in the plaint aforefaid, it is manifeftly erred in this; to wit, that the judgment aforefaid was given in form aforefaid for the faid Charles Long against the aforefaid William Burton, whereby the law of the land judgment fhould have been given for the faid William Burton against the faid Charles Long: and this he is ready to Writ of Sci- verify. And the faid William prays the writ of the faid lord re facias, to. the king, to warn the faid Charles Long to be before the said lord the king, to hear the record and process aforefaid: and it is granted unto him: by which the sheriff aforefaid is commanded that by good [and lawful men of his bailiwick] he cause the aforefaid Charles Long to know, that he be before the lord the king from the day of Eafter in five weeks, wherefoever [he shall then be in England,] to hear the record and procefs aforefaid, if [it fhall have happened that in the fame any error fhall have intervened;] and farther [to do and receive what the court of the lord the king fhall confider in this behalf.] The fame day is given to the aforefaid William Burton. At which day before the lord the king, at Westminster, comes the aforefaid William Burton, by his attorney aforefaid: and the sheriff returns, that by virtue of the writ aforefaid to him directed he had caufed the faid Charles Long to know, that he be before the lord the king at the time aforefaid in the faid writ contained, by John Den and Richard Fen, good, &; as by the fame writ was commanded him: which faid Charles Long, according to the warning given him in this behalf, here cometh by Thomas Webb his attorney. Whereupon the faid William faith, that in the record and procefs aforefaid, and alfo in the giving of the judgment aforefaid, it is manifeftly erred, alleging the error aforefaid by him in the form aforefaid alleged, and prays, that the judgment aforefaid for the error aforefaid, and others, in the record and procefs aforefaid being, may be reverfed, annulled, and entirely for nothing efteemed, and that the faid Charles may rejoin to the errors aforefaid, and that the court of the faid lord

Sheriff's return; Seire feci.

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figned afresh.

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lord the king here may proceed to the examination as well of N° III. the record and procefs aforefaid, as of the matter aforesaid above for error affigned. And the faid Charles faith, that neither in Rejoinder; In nullo eft the record and procefs aforefaid, nor in the giving of the judg- erratum. ment aforesaid, in any thing is there erred; and he prays in like manner that the court of the faid lord the king here may proceed to the examination as well of the record and process aforefaid, as of the matters aforefaid above for error affigned. And 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 thereof given to the parties aforefaid until the morrow of the holy Trinity, before the lord the king, wherefoever 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 Weftminfter, come the parties aforefaid by their attorneys aforefaid: Whereupon, as well the record and procefs aforefaid, and the Opinion of judgment thereupon given, as the matters aforefaid by the faid the court. William above for error affigned, being feen, 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 aforefaid, and alfo in the giving of the judgment aforefaid, it is manifeftly erred, therefore it is confidered, that the judgment aforefaid, Judgment for the error aforefaid, and others, in the record and process of the common pleas aforesaid, be reversed, annulled, and entirely for nothing ef reverfed. teemed; and that the aforefaid William recover against the afore- Judgment faid Charles his debt aforesaid, and alfo fifty pounds for his damages plaintiff. which he hath fuftained, as well on occafion of the detention of Cofts. the faid debt, as for his colts and charges unto which he hath been put about his fuit in this behalf, to the faid William with his confent by the court of the lord the king here adjudged. And Defendant the faid Charles in mercy.

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GEORGE the fecond, by the grace of God of Great Writ of caBritain, France, and Ireland king, defender of the faith, and fias ad facij

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No III. fo forth, to the sheriff of Oxfordshire, greeting. We command you, that you take Charles Long, late of Burford, gentleman, 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, wherefoever we shall then be in England, to fatisfy William Burton, for two hundred pounds debt, which the faid William Burton hath lately recovered against him in our court before us, and also fifty pounds, which were adjudged in our faid court before us to the faid William Burton, for his damages which he hath fuftained, as well by occafion of the detention of the faid 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 twentyninth year of our reign.

Sheriff's return;

By virtue of this writ to me directed, I have taken the body of the within-named Charles Long; which I have ready before the Cepi Corpus. lord the king, at Westminster, at the day within-written, as within it is commanded me.

Writ of

GEORGE the fecond, by the grace of God of Great Fieri facias. Britain, France, and Ireland king, defender of the faith, and fo 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 alfo fifty pounds, which were adjudged in our court before us to the faid William, for his damages which he hath sustained, as well by occafion of the detention of his faid debt, as for his cofts and charges to which he hath been put about his fuit in this behalf, whereof the faid Charles Long is convicted, as it appears to us of record; and have that money before us in three weeks from the

The fenior puifnè juftice; there being no chief justice that term.

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