No III. fifth time, I caufed to be proclaimed the third time, that the faid Charles Long fhould render himself unto me, as within it "is commanded me. Capias ut "GEORG 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 you omit not by reafon of any liberty of your * Sheriff's ❝ return. « Cepi cor pus. 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 Thursday the fixteenth day of "October laft 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 fafely keep, so that you 66 may have his body before our juftices at Westminster, from the "day of faint Martin in fifteen days to do and receive what our "court fhall confider concerning him in this behalf. Witucis "fir John Willes, knight, at Weftminfter, the fixth day of No"vember 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. * Bill of " Middle ❝ fex for * trefpafs; 6 53. *Bill of Middlefex, and Latitat thereupon in the Court of "King's Bench. "Middlefex, "The Sheriff is commanded that he take "to wit." Charles Long, late of Burford in the county "of Oxford, if he may be found in his bailiwick, and him fafely Note, that § 3, and 4, are the ufual method of procefs, 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. ❝ keep, "keep, fo that he may have his body before the lord the king N° III. at Westminster, on Wednesday next after fifteen days of Eafter, to anfwer William Burton, gentleman, of a plea of trefpafs; "[and alfo to a bill of the faid William against the aforefaid" ac etiam "Charles, for two hundred pounds of debt, according to the "in debt. "cuftom of the court of the faid lord the king, before the king "himself to be exhibited;] and that he have there then this 66 precept. "The within-named Charles Long is not found in my baili- " Sheriff's "wick. « GEORGE the fecond, by the grace of God of Great "Britain, France, and Ireland king, defender of the faith, and "fo forth; to the fheriff of Berkshire, greeting. Whereas 46 we lately commanded our fheriff of Middlefex that he should "take Charles Long, late of Burford in the county of Oxford, "if he might be found in his bailiwick, and him fafely keep, "fo that he might be before us at Westminster, at a certain day now paft, to anfwer unto William Burton, gentleman, of a << return; "Non eft << inventus. "Latitat. plea of trefpafs; [and alfo to a bill of the faid William « Ac etiam. "againft the aforefaid Charles, for two hundred pounds of "debt, according to the custom of our court, before us to be "exhibited ;] and our faid fheriff of Middlefex at that day re"turned to us that the aforefaid Charles was not found in his "bailiwick; whereupon on the behalf of the aforefaid William "in our court before us it is fufficiently attefted, that the afore"faid Charles lurks and runs about in your county: Therefore we command you, that you take him, if he may be found in "your bailiwick, and him fafely keep, fo that you may have his "body before us at Westminster on Tuesday next after five weeks "of Eafter, to answer to the aforefaid William of the plea [and "bill] aforefaid; and have you there then this writ. Witness "fir Dudley Ryder, 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" Sheriff's "of the within-named Charles Long; which I have ready at the "day NIII. day and place within-contained according as by this writ it is Cepi corpus. "commanded me. * Sheriff's << return. • Cepi cor "s pus." "4. Writ of Quo minus in the Exchequer. "GEORGE the fecond, by the grace of God of Great "Britain, France, and Ireland king, defender of the faith, and "fo forth; to the fheriff of Berkshire, greeting. We com"mand you, that you omit not by reafon of any liberty of your "county, but that you enter the fame, and take Charles Long, "late of Burford in the county of Oxford, gentleman, wherefo"ever he shall be found in your bailiwick, and him safely keep, "fo that you may have his body before the barons of our exche66 quer at Westminster, on the morrow of the holy Trinity, to anfwer William Burton our debtor of a plea that he render to "him two hundred pounds which he owes him and unjustly de"tains, whereby he is the lefs able to fatisfy us the debts which he "owes us at our faid exchequer, as he faith he can reasonably "fhew that the fame he ought to render: and have you there "this writ. Wituels fir Thomas Parker, knight, at Weftminfter, the fixth day of May, in the twenty-eighth year of ❝our 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 com"manded me." Bail bond riff. § 5. Special Bail; on the Arreft of the Defendant, purfuant to the Teftatum Capias, in page xiv. know all men by thefe prefents, that we Charles Long of to the the- Burford in the county of Oxford, gentlemen, Peter Hamond of Bix in the faid county, yeoman, and Edward Thomlinfon of Woodstock in the faid county, innholder, are held and firmly bound to Chriftopher Jones, efquire, fheriff of the county of Berks Berks, in four hundred pounds of lawful money of Great Bri- N° III. Che condition of this obligation is fuch, that if the abovebounden Charles Long do appear before the juftices of our fovereign lord the king at Weftminfter, on the morrow of the holy Trinity, to anfwer William Burton, gentleman, of a plea of debt of two hundred pounds, then this obligation shall be void and of none effect, or elfe fhall be and remain in full force and virtue. Sealed, and delivered, being first duly stamped, in the prefence of Henry Shaw. Charles Long. (L. S.) Peter Hamond. (L. S.) zance of misioner. You Charles Long do acknowlege to owe unto the plaintiff Recognifour hundred pounds, and you John Rofe and Peter Hamond do bail, before feverally acknowlege to owe unto the fame perfon the fum of the comtwo hundred pounds a-piece, to be levied upon your feveral goods and chattels, lands and tenements, upon condition that, if the defendant be condemned in the action, he shall pay the condemnation, or render himself a prifoner in the Fleet for the fame ; and, if he fail fo to do, you John Rofe and Peter Hamond do undertake to do it for him. Trinity No III. Bail piece. Trinity Term, 28 GEO. II. Berks, Dn a Teflatum Capias from Oxfordshire againit to wit. Charles Long, late of Burford in the county of Oxford, gentleman, returnable on the morrow of the holy Trinity, at the fuit of William Burton, of a plea of debt of two hundred pounds : The bail are, John Rofe, of Witney in the county of Oxford, efquire. Peter Hamond, of Bix in the faid county, yeoman. 4 Writ of error. $6. The Record, as removed by Writ of ERROR. The lord the king hath given in charge to his trufty and beloved fir 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 fo forth; to our trusty and beloved fir John Willes, knight, greeting. Because in the record, and proccfs, and alfo in the giving of judgment, of the plaint which was in our court before you, and your fellows, our juftices of the bench, by our writ, between William Burton, gentleman, and Charles Long, late of Burford in |