Blackstone’s Commentaries:
with Notes of Reference (1803)

St. George Tucker

VOLUME 4, APPENDIX

No. III. – Proceedings on an Action of Debt, in the Court of Common Pleas; Removed into the King’s Bench by Writ of Error.

§ 1. Original.

GEORGE 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 Oxfordshire, greeting. Command Charles Long, late of Burford, gentleman, that justly and without delay he render to William Burton two hundred pounds, which he owes him and unjustly detains, as he says. And unless he shall so do, and if the said William shall make you secure of prosecuting his claim, then summon by good summoners the aforesaid Charles, that he be before our justices at Westminster, on the octave of saint Hilary, to show wherefore he has not done it. And have you there then the summoners, and this writ. Witness ourself at Westminster, the twenty-fourth day of December, in the twenty-eighth year of our reign.

Pledges of 
Prosecution, 
{ John Doe.
 Richard Roe.
Summoners of the within 
named Charles Long, 
{ Roger Morris.
 Henry Johnson.

§ 2. Process.

GEORGE 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 Oxfordshire, greeting. Put by gage and safe pledges Charles Long, late of Burford, gentleman, that he be before our justices at Westminster on the octave of the purification of the blessed Mary, to answer to William Burton of a plea, that he render to him two hundred pounds, which he owes him and unjustly detains, as he says; and to show wherefore he was not before our justices at Westminster on the octave of saint Hilary, as he was summoned. And have there then the names of the pledges and this writ. Witness Sir John Willes knight, at Westminster, the twenty-third day of January in the twenty-eighth year of our reign.

The within named Charles 
Long is attached by pledges, 
{ Edward Leigh.
 Robert Tanner.

GEORGE 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 Oxfordshire, greeting. We command you that you distrain Charles Long, late of Burford, gentleman, by all his lands and chattels within your bailiwick, so that neither he nor any one through him may lay hands on the same, until you shall receive from us another command thereupon; and that you answer to us of the issues of the same; and that you have his body before our justices at Westminster from the day of Easter in fifteen days, to answer to William Burton of a plea, that he render to him two hundred pounds which he owes him and unjustly detains, as he says, and to hear his judgment of his many defaults. Witness Sir John Willes, knight, at Westminster, the twelfth day of February in the twenty-eighth year of our reign.

The within-named Charles Long has nothing in my bailiwick, whereby he may be distrained.

GEORGE 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 Oxfordshire, greeting. We command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him safely keep, so that you may have his body before our justices at Westminster, from the day of Easter 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 says: and whereupon you have returned to our justices at Westminster, that the said Charles has nothing in our bailiwick, whereby he may be distrained. And have you there then this writ. Witness Sir John Willes, knight, at Westminster, the sixteenth day of April in the twenty-eighth year of our reign.

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

GEORGE 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. We command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwick, and him safely keep, so that you may have his body before our justices 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 says: and whereupon our sheriff of Oxfordshire has made a return to our justices at Westminster, at a certain day now past, that the aforesaid Charles not found in his bailiwick; and thereupon it is testified in our said court, that the aforesaid Charles lurks, wanders, and runs about in your county. And have you there then this writ. Witness Sir John Willes, knight, at Westminster, the seventh 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 and place within contained, according as by this writ it is commanded me.

    “Or, upon the Return of Non est inventus upon the first Capias, the Plaintiff may sue out an Alias and a Pluries, and thence proceed to Outlawry; thus:

“GEORGE 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 Oxfordshire, greeting. The 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 safely keep, so that you may have his body before our justices 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 says. And have you there then this writ. Witness Sir Willes, knight, at Westminster, the seventh day of May, in the twenty-eighth year of our reign.

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

“GEORGE 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 Oxfordshire, greeting, The command 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 safely keep, so that you may have his body before our justices 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 says. And have you there then this writ. Witness Sir John Willes knight, at Westminster, the thirteith day of May, in the twenty-eighth year of our reign.

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

“GEORGE 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 Oxfordshire, greeting. We command you, that you cause Charles Long, late of Burford, gentleman, to be required from county court to county court, until according to the law and custom of our realm of England he be outlawed, if he does not appear. And if he does appear, then take him and cause him to be safely kept, so 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 says. And whereupon you have returned to our justices at Westminster, 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 Sir John Willes knight, at Westminster, the eighteenth day of June, in the twenty-eighth year of our reign.

“By virtue of this writ to me directed, at my county court held at Oxford in the county of Oxford, on Thursday the twenty-first day of June in the twenty-ninth year of the reign of the lord the king within written, the within-named Charles Long was required the first time and did not appear: and at my county court held at Oxford aforesaid, on Thursday the twenty-fourth day of July in the year aforesaid, the said Charles Long was required the second time, and did not appear: and at my county court held at Oxford aforesaid, on Thursday the twenty-first day of August in the year aforesaid, the said Charles Long was required the third time, and did not appear; and at my county court held at Oxford aforesaid, on Thursday the eighteenth day of September in the year aforesaid, the said Charles Long was required the fourth time, and did not appear: and at my county court held at Oxford aforesaid, on Thursday the sixteenth day of October in the year aforesaid, the said Charles Long, was required the fifth time, and did not appear; therefore the said Charles Long, by the judgment of the coroners of the said lord the king, of the county aforesaid, according to the law and custom of the kingdom of England, is outlawed.

“GEORGE 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 Oxfordshire, greeting. Whereas by our writ we have lately commanded you that you should cause Charles Long, late of Burford, gentleman, to be required from county court to county court, until according to the law and custom 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 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 says: 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 said Charles Long to be proclaimed upon three several days according to the form of that statute; (whereof one proclamation shall be made at or near the most usual door of the church of the parish wherein he inhabits) that he render himself unto you; so that you may have his body before our justices at Westminster at the day aforesaid, to answer the said William Burton of the plea aforesaid. And have you there then this writ. Witness Sir John Willes, knight, at Westminster, the eighteenth day of June, in the twenty-eighth year of our reign.

“By virtue of this writ to me directed, at my county court held at Oxford in the county of Oxford, on Thursday the twenty-sixth day of June in the twenty-ninth year of the reign of the lord the king within written, I caused to be proclaimed the first time; and at the general quarter sessions of the peace, held at Oxford aforesaid on Tuesday the fifteenth day of July in the year aforesaid, I caused to be proclaimed the second time; and at the most usual door of the church of Burford within-written on Sunday the third day of August in the year aforesaid, immediately after divine service, one month at the least before the within-named Charles Long was required the fifth time, I caused to be proclaimed the third time, that the said Charles Long should render himself unto me, as within it is commanded me.

“GEORGE 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. We command you, that you omit not by reason of any liberty of our county, but that you take Charles Long, late of Burford in the county of Oxford, gentleman, (being outlawed in the said county of Oxford, on Thursday, the sixteenth day of October last past, at the suit of William Burton, gentleman, of a plea of debt, as the sheriff of Oxfordshire aforesaid returned to out justices at Westminster on the morrow of All-Souls then next ensuing) if the said Charles Long may be found in your bailiwick; and him safely keep, so that you may have his body before our justices at Westminster from the day of saint Martin in fifteen days, to do and receive what our court shall consider concerning him in this behalf. Witness Sir John Willes, knight, at Westminster, the sixth 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 day and place within-contained, according as by this writ it is commanded me.

§ 3.1 Bill of Middlesex, and Latiat Thereupon, in the Court of King’s Bench.

“Middlesex,
to wit.   } The sheriff is commanded that he taken Charles Long, late of Burford in the county of Oxford, If he may be found in his bailiwick, and him safely keep, so that he may have his body before the lord the king at Westminster, on Wednesday next after fifteen days of Easter, to answer William Burton, gentlemen, of a plea of trespass: [and also to a bill of the said William against the aforesaid Charles, for two hundred pounds of debt, according to the custom of the court of the said lord the king, before the king himself to be exhibited;] and that he have there then this precept.

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

“GEORGE 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. Whereas we lately commanded our sheriff of Middlesex that he should take Charles Long, late of Burford in the county of Oxford, if he might be found in his bailiwick, and him safely keep, so that he might be before us at Westminster, at a certain day now past, to answer unto William Burton, gentleman, of plea of trespass; [and also to a bill of the said William against the aforesaid Charles, for two hundred pounds of debt, according to the custom of our court, before us to the exhibited;] and our said sheriff of Middlesex at that day returned to us that the aforesaid Charles was not found in his bailiwick; whereupon on the behalf of the aforesaid William in our court before us it is sufficiently attested, that the aforesaid Charles lurks and runs about in your county: Therefore we command you, that you take him, if he maybe found in your bailiwick, and him safely keep, so that you may have his body before us at Westminster on Tuesday next after five weeks of Easter, to answer to the aforesaid William of the plea [and bill] aforesaid: and have you have you there then this writ. Witness Sir Dudley Rider, knight, at Westminster, the eighteenth day of April, 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 and place within-contained, according as by this writ it is commanded me.

§ 4. Writ of Quo Minus in the Exchequer.

“GEORGE 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. We command you, that you omit not by reason of any liberty of your county, but that you enter the same, and take Charles Long, late of Burford in the county of Oxford, gentleman, wheresoever he shall be found in your bailiwick, and him safely keep, so that you may have his body before the barons of our exchequer 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 detains, whereby he is the less able to satisfy us the debts which he owes us at our said exchequer, as he says he can reasonably show that the same he ought to render: and have you there this writ. Witness Sir Thomas Parker, knight, at Westminster, the sixth 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 before the barons within-written, according as within it is commanded me.”

§ 5. Special Bail; on the Arrest of the Defendant, Pursuant to the Testatum Capias, in page xiv.

Know all men by these presents, that we Charles Long of Burford in the county of Oxford, gentleman, Peter Hamond of Bix in the said county, yeoman, and Edward Thomlinson of Woodstock in the said county, innholder, are held and firmly bound to Christopher Jones, esquire, sheriff of the county of Berks, in four hundred pounds of lawful money of Great Britain, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns; 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, and Ireland, defender of the faith, and so forth, and in the year of our Lord one thousand, seven hundred, and fifty-five.

The condition of this obligations is such, that if the above-bounden 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, gentlemen, 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 forece and virtue.

Sealed, and delivered, being first
duly stamped, in the presence of
       Henry Shaw.
       Timothy Griffith.
       Charles Long. (L. S.)
Peter Hamond. (L. S.)
Edward Thomlinson. (L. S.)

You Charles Long do acknowledge to owe unto the plaintiff four hundred pounds, and you John Rose and Peter Hamond do severally acknowledge to owe unto the same person the sum of two hundred pounds apiece, to be levied upon your several goods and chattels, lands and tenements, upon condition that, if the defendant be condemned in this action, he shall 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 Term, 28 Geo. II.

Berks,
to wit. } On a Testatum capias against Charles Long, late of Burford in the county of Oxford, gentleman, returnable on the morrow of the holy Trinity, at the suit of William Burton, of a plea of debt of two hundred pounds;

The bail are,

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

Richard Price, attorney
for the defendant. }

        The party himself in £400.
        Each of the bail in £200.

Taken and acknowledged the twenty-eighth day of May, in the year of our Lord one thousand, seven hundred, and fifty-five, de bene esse, before me,

      Robert Grove,
      one of the commissioners.

§ 6. The Record, as Removed by Writ of Error.

The Lord the king has given in charge to his trusty and beloved Sir John Willes, knight, his writ closed in these words: GEORGE 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. Because 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 in the county of Oxford, gentleman, of a certain debt of two hundred pounds, which the said William demands of the said Charles, manifest error has 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 should be done to the parties aforesaid in this behalf, do command 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 t 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. Witness ourself at Westminster, the twelfth day of February, in the twenty-ninth year of our reign.

The record and process, whereof in the said writ mention above is made, follow in these words, to wit:

Pleas at Westminster before Sir John Willes, knight, and his 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, etc.

Oxon.
to wit.} Charles Long, late of Burford in the county aforesaid, 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 And whereupon the said William, by Thomas Gough his attorney, complains, that whereas on the first day of December, in the year of our lord one thousand, seven hundred, and fifty-four, at Banbury in this county, the said Charles by his writing obligatory did acknowledge 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) has not paid to the said William the said sum of two hundred pounds, nor any part thereof, but hitherto altogether has refused, and does still refuse, to render the same; wherefore he says that he is injured, and has damage, to the value of ten pounds: and thereupon he brings suit, And 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. And the aforesaid Charles, by Richard Prince his attorney, comes and defends the force and injury when and craves oyer of the said writing obligatory, and it is read unto him 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 administrators, and every of them, shall and do from time to time, and at all times hereafter, well and truly stand to, obey, observe, fulfill, 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 parties, 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 publish, of or in the premises, in writing under their hands and seals, or otherwise by work of mouth, in the presence of two credible witnesses, on or before the first day of January next ensuing the date hereof; then this obligation to be void and of none effect, or else to be and remain in full force and virtue.”

Which being read and heard, the said Charles prays leave to imparl therein here until the octave of the holy Trinity; and it is granted unto him. The same day is given to the said William Burton here, etc. At which day, to wit, on the octave of the holy Trinity, here come as well the said William Burton as the said Charles Long, by their attorneys aforesaid: and hereupon the said William prays that the said Charles may answer to his writ and count aforesaid. And the aforesaid Charles defends the force and injury, when, etc. and says, that the said William ought not to have or maintain his said action against him; because he says, that the said David Stiles and Henry Bacon, the arbitrators before named in the said condition, did not make any such award, arbitrament, order, rule, judgment, final end, or determination, of or in the premises above specified in the said condition, on or before the first day of January, in the condition aforesaid above mentioned, according to the form and effect of the said condition: and this he is ready to verify. Wherefore he prays judgment, whether the said William ought to have or maintain his said action thereof against him; And the aforesaid William says, that for any thing above alleged by the said Charles in pleading, he ought not to be precluded from having his said action thereof against him; because he says, that after the making of the said writing obligatory, and before the said first day of January, to wit, on the twenty-sixth day of December, in the year aforesaid, at Banbury aforesaid, in the presence of two credible witnesses, namely, John Dew of Charlbury, in the county aforesaid, and Richard Morris of Wytham, in the county of Berks, the said arbitrators undertook the charge of the award arbitrament, order, rule judgment, final end, and determination aforesaid, of and in the premises specified in the condition aforesaid; and then and there made and published their award by word of mouth in manner and form following, that is to say; The said arbitrators did award, order, and adjudge, that he the said Charles Long should forthwith pay to the said William Burton the sum of seventy-five pounds, and that thereupon al differences between them at the time of the making the said writing obligatory
should finally cease and determine. And the said William further says, that although he afterwards, to wit on the sixth day of January, in the year of our Lord one thousand, seven hundred, and fifty-five, at Banbury aforesaid, requested the said Charles to pay to him the said William the said seventy-five pounds, yet (by protestation that the said Charles has not stood to, obeyed, observed, fulfilled, or kept any part of the said award, which by him the said Charles ought to have been stood to obeyed, observed, fulfilled, and kept) for further plea therein he says, that the said Charles the said seventy-five pounds to the said William has not hitherto paid: and this he is ready to verify. Wherefore he prays judgment, and his debt aforesaid, together with his damages occasioned by the detention of the said debt, to the adjudged unto him, etc. And the aforesaid Charles says, that the plea aforesaid, by him the said William in manner and form aforesaid above in his replication pleaded, and the matter in the same contained, are in no wise sufficient in law for the said William to have or maintain his action aforesaid thereupon against him the said Charles; to which the said Charles has no necessity, neither is he obliged by the law of the land, in any manner to answer: and this he is ready to verify. Wherefore, for want of a sufficient replication in this behalf, the said Charles, as aforesaid, prays judgment, and that the aforesaid William may be precluded from having his action aforesaid thereupon against him, etc. And the said Charles according to the form of the statute in that case made and provided, shows to the court here the causes of demurrer following; to wit, that it does not appear, by the replication aforesaid, that the said arbitrators made the same award in the presence 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 aforesaid; and that the replication aforesaid is uncertain, insufficient, and wants form. And the aforesaid William says, that the plea aforesaid by him the said William in manner and form aforesaid above in his replication pleaded, and the matter in the same contained, are good and sufficient in law for the said William to have and maintain the said action
of him the said William thereupon against the said Charles; which said plea, and the matter therein contained, the said William is ready to verify and prove as the court shall award: and because the aforesaid Charles has not answered to that plea, nor has he hitherto in any manner denied the same, the said William as before prays judgment, and his debt aforesaid, together with his damages occasioned by the detention of that debt, to be adjudged unto him, etc. And because 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 said justices here are not yet advised thereof. At which day here come as well the said Charles as the said William, by their said 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 said 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 said attorneys. Wherefore, the record and matters aforesaid having been seen, and by the justices here fully understood, and all and singular the premises being examined, and mature deliberation being had thereupon; for that it seems to the said justices here, that the said William Burton before in his replication pleaded, and the matter therein contained, are not sufficient in law, to have and maintain the action of the aforesaid William against the aforesaid Charles; therefore it is considered, that the aforesaid William take nothing by his writ aforesaid, but that he and his pledges of prosecution, to wit, John Doe and Richard Roe, be in mercy for his false complaint; and that the aforesaid Charles go thereof without a day, etc.

Afterwards, to wit, on Wednesday next after fifteen days Easter in this same term, before the lord the king, at Westminster, comes the aforesaid William Burton, by Peter Manwaring his attorney, and says, 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, where by the law of the land judgment should have been given for the said William Burton against the said Charles Long to be before the said 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 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 to hear the record and process aforesaid, if and farther The same day is given to the aforesaid William Burton. At which day before the lord the king, at Westminster, comes the aforesaid William 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, etc; as by the same writ was commanded him: which said Charles Long, according to the warning given him in this behalf, here comes by Thomas Webb his attorney. Whereupon the said William says, that in the record and process aforesaid, and also in the giving of the judgment aforesaid, it is manifestly erred, alleging the error aforesaid by him in the form aforesaid alleged, and prays, that the judgment aforesaid for the error aforesaid, and other, 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 lord the king here may proceed to the examination as well of the record and process aforesaid, as of the matter aforesaid above for error assigned. And the said Charles says, that neither in the record and process aforesaid, nor in the giving of the judgment
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. And because the court of the lord the king here is not yet advised what judgment to give of and upon the premises, a day is thereof given of the parties aforesaid until the morrow of the holy Trinity, before the 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 Westminster, come the parties aforesaid by their attorneys aforesaid: Whereupon, as well the record and process aforesaid, and the judgment thereupon given, as the matters aforesaid by the said 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 considered, that the judgment aforesaid, for the error aforesaid, and other, in the record and process aforesaid, be reversed, annulled, and entirely for nothing esteemed; and that the aforesaid William recover against the aforesaid Charles his debt aforesaid, and also fifty pounds for his damages which he has sustained, as well on occasion of the detention of the said debt, as for his costs and charges unto which he has been put about his suit in this behalf, to the said William with his consent by the court of the lord the king here adjudged. And the said Charles in mercy.

§ 7. Process of Execution.

GEORGE the second by the grace of God Great Britain, France, and Ireland king, defender of the faith, and so 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 safely 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 England, to satisfy William Burton for two hundred pounds debt, which the said William Burton has lately recovered against him in our court before us, and also fifty pounds, which were adjudged in our said court before us, to the said William Burton, for his damages which he has sustained, as well by occasion of the detention of the said debt, as for his costs and charges to which he has been put about his suit 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 Sir Thomas Denison,2 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 taken the body of the within-named Charles Long; which I have ready before the lord the king, at Westminster, at the day within-written, as within it is commanded me.

GEORGE 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 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 has recovered against him, and also fifty pounds, which were adjudged in our court before us to the said William, for his damages which he has sustained, as well by occasion of the detention of his said debt, as for his costs and charges to which he has 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 day of the holy Trinity, wheresoever we shall then be in England, to render to the said William of his debt and damages aforesaid: and have there then this writ. Witness Sir 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 of the goods and chattels of the within-written Charles Long 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.

THE END.


Blackstone’s NOTES (Tucker’s notes not yet added)


     1.    Note, that § 3. and § 4, are the usual method of process, to compel an appearance, in the courts of king’s bench, and exchequer; in which the practice of those courts does principally differ from that of the court of common pleas: the subsequent stages of proceeding being nearly alike in them all.

     2.    The senior puisnè justice: there being no chief justice that term.