No II. confeffing leafe, entry, and oufter as aforefaid, then the leffor of the plaintiff fhall pay cofts, if the plaintiff himself doth not pay them.

By the Court.

Martin, for the plaintiff.
Newman, for the defendant.

or count.

4. The Record.

Picas before the lord the king at Westminster, of the term of
faint Hilary, in the twenty-ninth 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.

Berks, George Saunders, late of Sutton in the county aforeto wit. faid, gentleman, was attached to anfwer Richard Smith, of a plea, wherefore with force and arms he entered into one meffuage, with the appurtenances, in Sutton, which John Rogers efquire hath demifed to the faid Richard for a term which is not yet expired, and ejected him from his faid farm, and other wrongs to him did, to the great damage of the faid Richard, and against the peace of the lord the king that Declaration, now is. And whereupon the faid Richard by Robert Martin his attorney complains, that whereas the faid John Rogers on the first day of October in the twenty-ninth year of the reign of the lord the king that now is, at Sutton aforefaid, had demifed to the fame Richard the tenement aforefaid, with the appurtenances, to have and to hold the faid tenement, with the appurtenances, to the faid Richard and his affigns, from the feaft of faint Michael the archangel then laft paft, to the end and term of five years from thence next following and fully to be complete and ended; by virtue of which demife the faid Richard entered into the faid tenement, with the appurtenances, and was thereof poffeffed: and, the faid Richard being fo poffeffed there. of, the faid George afterwards, that is to fay, on the first day of October in the faid twenty-ninth year, with force and arms, that is to fay, with fwords, ftaves, and knives, entered into the

faid tenement, with the appurtenances, which the faid John N° III. Rogers demifed to the faid Richard in form aforefaid for the term aforefaid which is not yet expired, and ejected the said Richard out of his faid farm, and other wrongs to him did, to the great damage of the faid Richard, and against the peace of the said lord the king; whereby the faid Richard faith that he is injured and endamaged to the value of twenty pounds; and thereupon he brings fuit, [and good proof.] and the aforefaid George Defence. Saunders, by Charles Newman his attorney, comes and defends the force and injury, when [and where it fhall behove him ;] and faith that he is no wife guilty of the trefpafs and eject. Plea, not ment aforefaid, as the faid Richard above complains against him; guilty. and thereof he puts himfelf upon the country: and the faid Iffue. Richard doth likewife the fame; Wherefore let a jury come thereupon before the lord the king, on the octave of the purification Venire of the bleffed virgin Mary, wherefoever he fhall then be in Eng- awarded. land; who neither [are of kin to the faid Richard, nor to the faid George;] to recognize [whether the faid George be guilty of the trefpafs and ejectment aforefaid:] becaufe as well [the faid George, as the faid Richard, between whom the difference is, have put themselves on the faid jury.] The fame day is there given to the parties aforefaid. afterwards the procefs therein, Refpite, for being continued between the faid parties of the plea aforefaid default of jurors. by the jury, is put between them in refpite, before the lord the king, until the day of Eafter in fifteen days, wherefoever the faid Nifi prius. lord the king fhall then be in England; unless the juftices of the lord the king affigned to take affifes in the county aforefaid, fhall have come before that time, to wit, on Monday the eighth day of March, at Reading in the faid county by the form of the ftatute [in that cafe provided], by reafon of the default of the jurors, [fummoned to appear as aforefaid.] At which day be fore the lord the king, at Westminster, come the parties aforefaid by their attorneys aforefaid; and the aforefaid justices of affife, before whom [the jury aforefaid came,] fent here their record before them, had in these words, to wit: fterwards, Poftea. at the day and place within contained, before Heneage Legger efquire, one of the barons of the exchequer of the lord the king; and fir John Eardley Wilmot, knight, one of the justices of the faid

L12

No III. faid lord the king, affigned to hold pleas before the king himfelf, juftices of the faid lord the king, affigned to take aflifes in the county of Berks by the form of the statute [in that cafe provided,] come as well the within-named Richard Smith, as the within-written George Saunders, by their attorneys within contained; and the jurors of the jury whereof mention is within made being called, certain of them, to wit, Charles Holloway, John Hooke, Peter Graham, Henry Cox, William Brown, and Francis Oakley, come, and are fworn upon that jury: and be cause the rest of the jurors of the fame jury did not appear, Tales de cir- therefore others of the by-ftanders being chofen by the sheriff, cumftantibus. at the request of the faid Richard Smith, and by the command of the juftices aforefaid, are appointed anew, whofe names are affixed to the panel within written, according to the form of the ftatute in fuch cafe made and provided; which faid jurors fo appointed anew, to wit, Roger Bacon, Thomas Small, CharlesPye, Edward Hawkins, Samuel Roberts, and Daniel Parker, being likewife called, come; and together, with the other jurors aforefaid before impanelled and fworn, being elected, tried, and fworn, to speak the truth of the matter within contained, upon their oath fay, that the aforefaid George Saunders is guilty of the trefpafs and ejectment within-written, in manner and form as the aforefaid Richard Smith within complains against him; and affefs the damages of the faid Richard Smith, on occafion of that trefpafs and ejectment, befides his cofts and charges which he hath been put unto about his fuit in that behalf, to twelve pence: and, for thofe cofts and charges, to forty fhillings. Whereupon the faid Richard Smith, by his attorney aforefaid, prayeth judgment against the faid George Saunders, in and upon the verdict aforefaid by the jurors aforefaid given in the form aforefaid: and the faid George Saunders, by his attorney aforefaid faith, that the court here ought not to proceed to give judg ment upon the faid verdict, and prayeth that judgment against him the faid George Saunders, in and upon the verdict aforefaid by the jurors aforefaid given in the form aforefaid, may be ftayed, by reason that the faid verdict is infufficient and erroneous, and that the fame verdict may be quafhed, and that the iffue aforefaid may be tried anew by other jurors to be afresh impa

Verdict for

the plaintiff.

Mction in

arreft of judgment,

ance.

for the

Plaintiff.

nelled. And, becaufe the court of the lord the king here is not N° III. yet advised of giving their judgment of and upon the premifes, therefore day thereof is given as well to the faid Richard Smith Continuas the faid George Saunders, before the lord the king, until the morrow of the Afcenfion of our Lord, wherefoever the faid lord the king fhall then be in England, to hear their judgment of and upon the premises, for that the court of the lord the king is not yet advised thereof. At which day before the lord the king at Westminster, come the parties aforefaid by their attorneys aforefaid: upon which, the record and matters aforefaid having been feen, and by the court of the lord the king now here fully underflood, and all and fingular the premises having been examined, and mature deliberation being had thereupon, for that it seems to the court of the lord the king now here that Opinion of the verdict aforefaid is in no wife infufficient or erroneous, and the court. that the fame ought not to be quashed, and that no new trial ought to be had of the iffue aforefaid, Therefore it is con- Judgment" fidered, that the faid Richard do recover against the said George his term yet to come, of and in the faid tenements, with the ap purtenances, and the faid damages affeffed by the faid jury in form aforefaid, and alfo twenty-feven pounds fix fhillings and Colts. eight pence for his cofts and charges aforefaid, by the court of the lord the king here awarded to the faid Richard, with his affent, by way of increase; which faid damages in the whole amount to twenty-nine pounds feven Shillings and eight pence. "And let the faid George be taken, [until he maketh fine to the Capiatur pro "lord the king].” * And hereupon the faid Richard by his attor- fine. ney aforefaid prayeth a writ of the lord the king, to be directed to the sheriff of the county aforefaid, to cause him to have poffeffion of his term aforefaid yet to come, of and in the tenements afore faid, with the appurtenances: and it is granted unto him, returnable before the lord the king on the morrow of the holy Trinity, wherefoever he fhall then be in England. At which day before and return. the lord the king, at Westminster, cometh the faid Richard by his attorney aforefaid; and the sheriff, that is to say, fir Thomas Reeve, knight, now fendeth, that he by virtue of the writ aforefaid to him directed, on the ninth day of June last paft, did cause

Writ of

potleffion,

No III. the faid Richard to have his poffeffion of his term aforefaid yet to come, of and in the tenements aforefaid, with the appurtenances, as he was commanded.

N° 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.

Praecipe. EDRGE 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 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 faith. And unless he fhall fo do, and if the faid William fhall make you fecure of profecuting his claim, then fummon by good fummoners the aforefaid Charles, that he be before our juftices, at Westminster, on the octave of faint Hilary, to fhew wherefore he hath not done it. And have you there then the fummoners, and this writ. Wits nefs ourself at Weftminster, the twenty-fourth Day of December, in the twenty-eighth year of our reign.

Attachment.

$2. Process.

GEORGE the fecond, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, and fo forth;

to