Page images
PDF
EPUB

No III. 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 our juftices at Weftminster from the day of Eafter in five weeks, to answer to William Burton, gentleman, of a plea, that he render to him two hundred pounds, which he owes him and unjustly detains, as he faith; and whereupon you have returned to our juftices at Westminster, that the said Charles hath nothing in your bailiwick, whereby he may be diftreined. And have you there then this writ. Witness fir John Willes, knight, at Westminster, the fixteenth day of April, in the twenty-eighth year of our reign.

Sheriff's

return.

Non eft

inventus.

Teftatum capias.

Sheriff's.

return.

The within-named Charles Long is not found in my bailiwick.

GEORGE the fecond, 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. de command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him fafely keep, fo that you may have his body before our juftices at Westminster, on the morrow of the holy Trinity, to answer to William Burton, gentleman, of a plea, that he render to him two hundred pounds which he owes him and unjustly detains, as he faith; and whereupon our sheriff of Oxfordshire hath made a return to our juftices at Westminster, at a certain day now past, that the aforefaid Charles is not found in his bailiwick; and thereupon it is teftified in our faid court, that the aforefaid Charles lurks, wanders, and runs about in your county. And have you there then this writ. Witness fir John Willes, knight, at Westminster, the feventh day of May, in the twenty-eighth year of our reign.

By virtue of this writ to me directed, I have taken the body of the within-named Charles Long; which I have ready at the day Cepi corpus and place within contained, according as by this writ it is com

manded me.

"Or, upon the Return of Non eft inventus upon the firft Ca

pias, the Plaintiff may fue out an Alias and a Pluries,

[ocr errors]
[ocr errors]

and then proceed to Outlawry; thus:

"GEORGE

.

60

66

"Alias ca

· pias.

“GEORGE the fecond, by the grace of God of Great N° III. Britain, France, and Ireland king, defender of the faith, and fo forth; to the sheriff of Oxfordshire, greeting, le command.. you as formerly we commanded you, that you take Charles "Long, late of Burford, gentleman, if he may be found in "your bailiwick, and him fafely keep, fo that you may have "his body before our juftices at Westminster, on the morrow "of the holy Trinity, to answer to William Burton, gentleman, "of a plea, that he render to him two hundred pounds, which " he owes him and unjustly detains, as he faith. And have you "there then this writ. Witness fir John Willes, knight, at "Westminster, the feventh day of May, in the twenty-eighth 66 year of our reign.

66

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

<< return.

«Non eft

<< inventus.

« Plurits

“GEORGE the fecond, by the grace of God of Great « capias. Britain, France, and Ireland king, defender of the faith, and "fo forth; to the fheriff of Oxfordshire, greeting. We com"mand you, as we have more than once commanded 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 our juftices at Westminster, "from the day of the holy Trinity in three weeks, to answer to "William Burton, gentleman, of a plea, that he render to him two hundred pounds, which he owes him and unjustly detains, as he faith. And have you there then this writ. Witness fir John Willes, knight, at Weftminfter, the thirtieth day of May, in the twenty-eighth year of our reign.

[ocr errors]
[ocr errors]
[ocr errors]

"The within-named Charles Long is not found in my bailiswick.

"Sheriff's

<< return.

Non eft in

ventus.

« GEORGE the fecond, by the grace of God of Great « Exigi faBritain, France, and Ireland king, defender of the faith, and "cias." fo forth; to the fheriff of Oxfordshire, greeting. We com

"mand

No III. "mand you, that you caufe Charles Long, late of Burford, "gentleman, to be required from county court to county court, "until according to the law and cuftom of our realm of Eng"land, he be outlawed, if he doth not appear: and if he doth appear, then take him and caufe him to be fafely kept, fo "that you may have his body before, our justices at Westminster, "on the morrow of All Souls, to answer to William Burton, "gentleman, of a plea, that he render to him two hundred "pounds, which he owes him and unjustly detains, as he faith; "and whereupon you have returned to our juftices at Weft"minster, from the day of the holy Trinity in three weeks, that "he is not found in your bailiwick. And have you there then "this writ. Witness fir John Willes, knight, at Westminster, "the eighteenth day of June, in the twenty-eighth year of our "reign.

"Sheriff's

"Primo

"By virtue of this writ to me directed, at my county court " return. "held at Oxford, in the county of Oxford, on Thursday the "twenty-first day of June, in the twenty-ninth year of the "exactus., "reign of the lord the king within-written, the within-named "Charles Long was required the first time and did not appear: "Secundo" and at my county court held at Oxford aforefaid, on Thursday "exactus. the twenty-fourth day of July in the year aforefaid, the faid

[merged small][merged small][merged small][ocr errors][merged small][merged small]

"Charles Long was required the second time, and did not ap66 pear and at my county court held at Oxford aforefaid, on "Thursday the twenty-first day of Auguft in the year aforesaid, "the faid Charles Long was required the third time, and did not 66 appear and at my county court held at Oxford aforefaid, "on Thursday the eighteenth day of September, in the year "aforefaid, the said Charles Long was required the fourth time, "and did not appear: and at my county court held at Oxford "aforefaid, on Thursday the fixteenth day of October in the "year aforefaid, the faid Charles Long was required the fifth "time, and did not appear: therefore the faid Charles Long, by "the judgment of the Coroners of the said lord the king, of the "county aforefaid, according to the law and cuftom of the king"dom of England, is outlawed.

« GEORGE

No III.

" Writ of

“GEORGE the fecond, by the grace of God of Great "Britain, France, and Ireland king, defender of the faith, and 66 procla"fo forth; to the sheriff of Oxfordshire, greeting. Whereas "mation. "by our writ we have lately commanded you that you should "caufe Charles Long, late of Burford, gentleman, to be re"quired from county court to county court, until according to "the law and cuftom of our realm of England he should be "outlawed, if he did not appear: and if he did appear, then "that you should take him and cause him to be safely kept, so "that you might have his body before our juftices at Weftmin❝fter, on the morrow of All Souls to anfwer to William Bur"ton, gentleman, of a plea, that he render to him two hun"dred pounds, which he owes him and unjustly detains, as he "faith: Therefore we command you, by virtue of the statute " in the thirty-first year of the lady Elizabeth late queen of "England made and provided, that you cause the faid Charles "Long to be proclaimed upon three feveral days according to "the form of that ftatute; (whereof one proclamation shall be "made at or near the most usual door of the church of the pa"rifh wherein he inhabits) that he render himself unto you; "fo that you may have his body before our juftices at Weftmin

fter at the day aforefaid to answer the faid William Burton "of the plea aforefaid. And have you there then this writ. "Witness fir John Willes, knight, at Westminster, the "eighteenth day of June, in the twenty-eighth year of our "reign.

❝ return.

"Procla

"By virtue of this writ to me directed, at my county court « Sheriff's "held at Oxford, in the county of Oxford, on Thursday the twen"ty-fixth day of June, in the twenty-ninth year of the reign of « mari feci. "the lord the king within-written, I caufed to be proclaimed "the first time; and at the general quarter feffions of the peace, ❝ held at Oxford aforefaid, on Tuesday the fifteenth day of July "in the year aforefaid, I caufed to be proclaimed the fecond "time; and at the most usual door of the church of Burford "within-written, on Sunday the third day of Auguft in the year "aforefaid, immediately after divine fervice, one month at the "leaft before the within-named Charles Long was required the

"fifth

No III. fifth time, I caufed to be proclaimed the third time, that the "faid Charles Long should render himfelf unto me, as within it "is commanded me.

* Capias ut- « GEORGE the fecond, by the grace of God of Great “lagatum. «Britain, France, and Ireland king, defender of the faith, and "fo forth; to the fheriff of Berkshire, greeting. We com"mand you, that omit not by reafon of any liberty of your

Sheriff's

<< return.

you

county, but that you take Charles Long, late of Burford in the county of Oxford, gentleman, (being outlawed in the "faid county of Oxford, on Thurfday the fixteenth day of "October last palt, at the fuit of William Burton, gentleman, " of a plea of debt, as the sheriff of Oxfordshire aforefaid re"turned to our juftices at Westminster on the morrow of All "Souls then next enfuing,) if the faid Charles Long may be "found in your bailiwick; and him safely keep, fo that you "may have his body before our juftices at Weftminster, from the "day of faint Martin in fifteen days to do and receive what our court fhall confider concerning him in this behalf. Witness "fir John Willes, knight, at Weftminfter, the fixth day of November in the twenty-ninth year of our reign.

"By virtue of this writ to me directed, I have taken the body "of the within-named Charles Long; which I have ready at the < Cepi cor"day and place within-contained, according as by this writ it is "commanded me.

[ocr errors]

"Bill of

[ocr errors]

*Bill of Middlefex, and Latitat thereupon in the Court of "King's Bench.

"Middlefex,

"The Sheriff is commanded that he take "to wit. S" Charles Long, late of Burford in the county trefpafs; "of Oxford, if he may be found in his bailiwick, and him fafely

"Midd'e

"fex for

* Note, that § 3, and 4, are the ufual method of process, to compel an appearance in the courts of king's bench and exchequer; in which the practice of thofe courts does principally differ from that of the court of common pleas; the fubfequent ftages of proceedings being nearly alike in them all.

"keepa

« PreviousContinue »