"his cofts and charges to which he hath

about his fuit in this behalf, whereof «Charles Long is convicted, as it appears "record: and have that money before us "weeks from the day of the Holy Trinity "foever we fhall then be in England, to r "the faid William of his debt and damag "faid: and have there then this writ.

"Sir Thomas Denison, knight, at Weft "the nineteenth day of June, in the twent

SHERIFF'S RETURN.

By virtue of this writ to me directed, caused to be made of the goods and cha "the within written Charles Long two h " and fifty pounds, which I have ready bef "lord the king at Westminster at the day "written, as it is within commanded me."

WRIT OF CAPIAS AD SATISFACIENDUM

"George the Second, by the grace of G "Great Britain, France, and Ireland, king

« fender of the faith, and fo forth; to the fheriff "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, fo that you may have "his body before us in three weeks from the Holy

«

Trinity, wherefoever we shall then be in England, to fatisfy William Burton for two hun"dred pounds debt, which the faid William Bur"ton hath recovered against him in our court be"fore us, and alfo fifty pounds, which were ad

judged 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 cofts and charges to " which he hath been put about his fuit in this

behalf, whereof the faid Charles Long is con"victed, as it appears to us of record: and have <t you there then this writ. Witness, Sir Thomas

Denifon, knight, at Weftminfter, the nineteenth

day of June, in the twenty-ninth year of our

« reign."

SHERIFF'S

SHERIFF'S RETURN.

By virtue of this writ to me directed "taken the body of the within named

Long, which I have ready before the

king at Westminster, at the day within "as within is commanded me."

I must now request the serious attention reader to a few remarks, and then relate w proceedings ought to be, according to law, covery of debt.

Sir Edward Coke, first chief justice of the of Common Pleas, and afterwards of the Bench, has clearly laid down how proceedin debt ought to go forwards, according to the ciples of the conftitution; and Sir William stone is of the fame opinion. The court of mon Pleas is the only general court in the dom for pleas of debt between fubject and ful all leffer courts, fuch as the Sheriff's Court, Hundred, &c. have their appeal to that hi court of law for recovery of debt. Magna C

fays, the court of Common Pleas fhall be held in a certain place; therefore it is fixed at Westminster, as the centre of the kingdom, that every perfon may know where to apply for justice; for before that time it used, like the court of King's Bench, to remove at the pleasure of the justices of the court, or of the king: now, on the contrary, the court of King's Bench, in which it was prefumed the king was present in perfon, was obliged to move after the king; so that all writs iffuing out of the court of King's Bench run thús, bring the body before the king bimfelf, wherever he fhall then be; therefore, that no fuits for debt fhould be carried on in this bench of juftice, it is ordained by statute law, "no pleas fhall follow our court." And the reason must be obvious to every man, that it must have been a great detriment to perfons fuing for debt to follow the king from county to county, before they could obtain justice; befides, the court of King's Bench being a court established to take cognizance only of crimes and trefpaffes, it would have interfered with its jurisdiction to have intruded upon it actions of debt.

The court of Common Pleas being then the

D

general

general court in the kingdom to which all a for debt ought to be made, and having a diction over all county courts; now let us fe confider the just and equitable spirit of the o writ iffuing out of the court of Common which I have before given at large; it fays fheriff, Command Charles Long, that without d render to William Burton two hundred pounds, be owes him and unjustly detains, as he faith; be refufes, and the faid William gives good fecu projecute bis caufe, then fummon by good fummone aforefaid Charles, that he may be before our juft Weftminster, to fhew why he hath not done it have you there then the fummoners and this writ.

Surely this juft, open, and fair manner of ceeding, can never be made better by our pr law-makers; here is reafon on the very face d writ without fiction. William complains te court, that Charles owes him two hundred po and unjustly detains it; the court orders the f to command Charles, in the name of the k

justices, to pay William the money, or elf will fummon him to fhew caufe why he does

do it. Charles refuses to pay; on which the