case wolf against Davison the town of Newcastle upon tine to wit be it  remember that heretofore to wit in easter term last pass before the lord the  king at Westminster come Henry wolf by Thomas matthews his attorney and bring  into the court of the say lord the king then there his certain bill against  Benjamin Davison merchant late sheriff of the town aforesaid in the custody of  the marshal c of a plea of debt and there be pledge of prosecute to wit John  do and Richard roe which say bill follow in these word to wit town of  Newcastle upon tine Henry wolf complain of Benjamin Davison merchant late  sheriff of the town aforesaid in the custody of the marshal of the Marshalsea  of the say lord the king before the king himself of a plea that he render to  he one hundred and eight pound of lawful money of England which he owe to and  unjust detain from he for that whereas the say Henry heretofore to wit in the  term of saint Michael in the second year of the reign of the Lord William now  king and the lady mary late queen of England in the court of the say lord the  king and lady the late queen before Henry pollexfen knight and his companion  then justice of the lord the king and lady the late queen of the bench at  Westminster in the county of Middlesex by the consideration of the same court  recover against one George dale gentleman by the name of George dale late of  Gateshead in the county of Durham gentleman as well a certain debt of one  hundred and six pound as forty shilling which to the same Henry wolf in the  same court be adjudge for the damage which he have sustain by occasion of the  detain of that debt whereof the say George be convict as by the record and  proceed thereof in the say court of the lord the king of the bench aforesaid  here to wit at Westminster aforesaid remain manifest appear therefore modern  the aforesaid George for that he come not before the say justice of the lord  the now king and lady the late queen of the bench at Westminster aforesaid to  satisfy the say Henry of the debt and damage in form aforesaid recover  whereupon he be as aforesaid convict be put in the exigent and be outlaw in  London by occasion thereof afterward to wit on Monday next after the Feast of  saint Agatha virgin in the second year abovesaid at the husting of the common  plea then hold in the guildhall of the city of London at the suit of the same  Henry be outlaw as by the record and proceed of the same outlawry in the  aforesaid court of the say lord the now king of the bench remain more full and  manifest appear upon which certain outlawry against the aforesaid George in  form aforesaid promulgate the same Henry wolf afterward to wit on the  thirteenth day of April in the four year of the say lord the king and lady the  late queen for the better obtain of the debt and damage aforesaid sue out of  the aforesaid court of the say lord the king and lady the late queen of the  bench a certain writ of the say lord the king and lady the late queen of  capias utlagatum against the aforesaid George to the then sheriff of the  aforesaid town of Newcastle upon tine direct by which writ the say lord the  king and lady the late queen command the same sheriff of the town of Newcastle  aforesaid upon tine aforesaid that he shall take the aforesaid George at the  suit of the same Henry as beforementioned outlaw wheresoever in the bailiwick  of the same sheriff as well within liberty as without he may be find and he  safe keep so that he may have modern er p his body before the justice of the  say lord the king and lady the late queen at Westminster on the morrow of the  ascension of our Lord then next follow to do and receive what the same court  of the say lord the king and lady the late queen shall consider in that behalf  and that he have there that writ which writ the same Henry wolf afterward and  before the return of the same writ to wit on the four day of may in the  abovementioned four year of the say lord the king and lady the late queen at  the town of Newcastle upon tine aforesaid in the county of the same town  deliver to one Joseph Atkinson then be sheriff of the town aforesaid to  execute in due form of law by virtue of which certain writ the aforesaid  Joseph Atkinson afterward and before the return of the same writ to wit on the  seven day of may in the four year abovementioned then be sheriff of the town  aforesaid at the same time in the same county town take and arrest the say  George and he in his custody for the debt and damage aforesaid then and there  have and he in the prison of the say lord the king and lady the late queen  then detain and keep in custody until the go out of he the say Joseph from his  office of sheriff of the town aforesaid and the aforesaid George so in the  custody of the aforesaid Joseph Atkinson in execution for the debt and damage  aforesaid in form aforesaid be the same Joseph Atkinson afterward to wit on  the thirteenth modern day of October in the four year abovementioned from his  office of sheriff of the town aforesaid at the say town of Newcastle upon tine  be in due manner remove and afterward to wit on the same thirteenth day of  October in the four year abovementioned the aforesaid Benjamin into the office  of sheriff of the same town at the town of Newcastle upon tine aforesaid be  duly elect and appoint and the aforesaid Joseph Atkinson in his say exit from  his office of sheriff of the town aforesaid in due manner deliver to the say  Benjamin Davidson and into his custody the aforesaid George in prison  aforesaid so as beforementioned detain in execution for the debt and damage  aforesaid in form aforesaid that be to say at the town of Newcastle upon tine  aforesaid and the same Benjamin as sheriff of the town aforesaid the aforesaid  George in prison aforesaid under his custody then and there in execution for  the debt and damage aforesaid receive bad and detain and the say George so in  custody of he the say Benjamin sheriff of the town aforesaid as  beforementioned be in execution for the debt and damage aforesaid in form  aforesaid be detain the same Benjamin afterward to wit on the twenty day of  August in the five year of the reign of the say lord the king and lady the  late queen at the town of Newcastle upon tine aforesaid the same Benjamin then  be sheriff of the town aforesaid the aforesaid George from the prison  aforesaid out of the custody of he the say Benjamin permit to go at large and  escape where he will without the consent and against the will of the same  Henry and the same Henry wolf of the debt and damage aforesaid or any part  thereof be unsatisfy whereby a action have accrue to the same Henry wolf to  have of the aforesaid Benjamin the aforesaid one hundred and eight pound yet  the say Benjamin though often require c the aforesaid one hundred and eight  pound to the same Henry wolf have not pay but to pay the same to he have  hitherto whole refuse and do still refuse to the damage of the say Henry wolf  of thirty pound and thereupon he bring suit c and now at this day to wit on  Friday next after the morrow of the holy Trinity in this same term until which  day the say Benjamin have leave to imparl to the bill aforesaid and then to  answer c before the lord the king at Westminster come as well the say Henry by  his attorney aforesaid as the say Benjamin by Nicholas harding his attorney  and the say Benjamin defend the force and injury when c and say that he do not  owe the say Henry the say one hundred and eight pound nor any part thereof in  manner and form as the say Henry above thereof against he have declare and of  this he put himself upon the country and the say Henry thereupon likewise c  therefore let a jury thereof come before the lord the king at Westminster on  Wednesday next after three week of the holy Trinity and who neither c to take  cognizance c because as well c the same day be give to the party aforesaid  there c afterward the process between the party aforesaid be thereupon of the  modern plea aforesaid continue by respire the jury thereof between they before  the lord the king at Westminster until Wednesday modern er p next after three  week of saint Michael thence next follow unless the justice of the lord the  king assign to take the assize in the county of the city of Newcastle upon  tine shall before come on Monday the twentysecond day of July at the guildhall  of the city of Newcastle upon tine in the county of the say city by form of  the statute c for want of juror c at which day before the lord the king at  Westminster come the party aforesaid by their say atorneys and the say justice  of the say lord the king before who c send here their record before they have  in these word to wit afterward on the day and at the place within contain  before Edward Nevil knight one of the justice of the lord the king of his  bench and John Turton knight one of the baron of the exchequer of the say lord  the king justice of the say lord the king assign to take assize in and for the  county of the city of Newcastle upon tine by form of the statute c come as  well the withinnamed Henry wolf as the withinwritten Benjamin Davidson by  their atorneys within contain and the juror of the jury whereof mention be  within make be likewise call come who say upon their oath that the aforesaid  Henry recover against the withinnamed George dale the debt and damage in the  declaration of he the say Henry as within write mention in manner and form as  by the say declaration be suppose and that the say George thereupon at the  suit and prosecution of the say Henry be outlaw in manner and form as in his  declaration be specify and that the say Henry thereupon be prosecute by the  writ of capias utlagatum in the say declaration mention and the same to the  withinnamed Joseph Atkinson sheriff of the city of Newcastle upon tine  withinwritten deliver who take and arrest the say George by virtue of the say  writ in manner and form as in the say declaration be contain and that the say  sheriff of the aforesaid city the say George in his custody for and upon that  writ have and he in the gaol of the lord the king and late lady the queen  there detain and keep in custody as by law require and you his quit his office  of sheriff of that town in due manner deliver he to the aforesaid Benjamin he  be sheriff of the say town as in the say declaration be contain and in his  custody the aforesaid George in prison aforesaid so as aforesaid detain by the  cause aforesaid and also the say Benjamin as sheriff of the town aforesaid the  aforesaid George in the prison aforesaid under his custody then and there  receive have and detain as by law require and the say George be so in prison  under the custody of the say Benjamin in form aforesaid detain the say  Benjamin be sheriff of the town as aforesaid the say George from the prison  aforesaid out of the custody of the say Benjamin permit to go at large where  he will and voluntary permit to escape without the command of the say Henry he  the say Henry not be satisfy of the debt and damage or any part thereof as the  say Henry in his declaration modern aforesaid have set forth but the juror  aforesaid upon their oath aforesaid further say that the aforesaid Henry make  no petition other than in the say declaration of he the say Henry to charge  the aforesaid George in execution for the debt and damage aforesaid by the say  Henry against the aforesaid George in form aforesaid recover and whether the  aforesaid George so as aforesaid to the prosecution of the say Henry by virtue  of the writ of capias utlagatum aforesaid of and upon the judgement aforesaid  so as aforesaid take and arrest beyond the year and a day after that judgement  give be or may be lawful in execution at the suit of Henry for the damage  aforesaid without any express petition by he the say Henry to charge the say  George in execution in such behalf or not the say juror be whole ignorant and  therefore pray the advice of the court here c and if it shall seem to the  court here that the aforesaid George so from prosecute the aforesaid Henry by  virtue of the writ of capias utlagatum as aforesaid be legal take and arrest  after the year and a day after judgement aforesaid be lawful render or may be  in execution at the suit of he the say Henry for his debt and damage aforesaid  without any express petition by he the say Henry to charge the say George in  execution in that behalf make then the juror aforesaid say upon their oath  aforesaid that the aforesaid Benjamin owe the aforesaid Henry the  withinwritten one hundred and eight pound in form as the say Henry within  thereof have declare and then they assess the damage of he the say Henry by  occasion of the detention of his debt beside his cost and charge by he lie out  about his suit in modern er p this behalf to sixpence and for those cost and  charge to forty shilling but if it shall seem to the court here that the  aforesaid George so by prosecute the aforesaid Henry by virtue of the writ of  capias utlagatum aforesaid so as aforesaid take and arrest beyond the year and  a day after judgement aforesaid give be not lawful nor may be in execution at  the suit of he the say Henry for his debt and damage aforesaid without express  petition by he the say Henry to charge the say George in execution in that  behalf make then the juror aforesaid upon their oath aforesaid say that the  aforesaid Benjamin do not owe the aforesaid Henry the say one hundred and  eight pound nor any part thereof as he the say Benjamin within in plead  thereupon have allege and because the court of the say lord the king here be  not yet advice what judgement to give of and upon the premise a day be thereof  give to the party aforesaid until day next after to hear their judgement of  and upon the premise for that the court of the lord the king here be not yet  advice thereof c