366 Assembly Proceedings, May — June 1674.

U. H.

Journal
original

Retornable last C^rt & the Peticon^r appearing & having noe
Attorney put in noe plea to the Scire facias whereupon Execu-
con is since issued for 2000^ls Sterl
Ordered th? a Writ of Error be graunted to the Peticon^r Re-
tornable in the upper House of Assembly the Twentie Sixth
day of this Instant month of May

Charles Calvert Sealed
Signed Philip Calvert Sealed
William Calvert Sealed
Baker Brooke Sealed

And the same day to wit the 26^th day of May afores^d before
his s^d Lo^p in his s^d upper House of Assembly came the afores^d
Jo. Bailey by the s^d Rob^t Ridgley his Attorney & Assigneth
for error as followeth (viz^t)
That in the Record & Processe afores^d & in the Rendring of
Judgm^t afores^d & graunting Scire facias thereupon it is mani-
fest erronious in this th^t the Writ of Capias issueing out of
his Lordships Pro^all C^rt upon w^ch the s^d Jo. Bailey was arrested doth
not appeare upon Record nor any memorandu or notice there-
of taken but only menconed in the Peticon of the s^d Bailey to
his Lc^ps Justices of the Pro^all C^rt the 8^th of December 1668.
Whereas the s^d Writ of Capias ought to have been duely en-
tered upon record th? the s^d Bally or his Attorney might have
had recourse thereto & if to them it should have seemed Con-
venient they might have Pleaded in Abatem^t of the s^d Writ
Allsoe it is Erronious in this in th^t it is said The defend^t still
alleadging th^t his Papers are out of his Possession &c It is
Ordered the defend^t have time untill the next C^rt to Put in his
Plea &c & further th? he doe remaine in the Sherrifes Custody
&c. Whereas it doth not appeare in the Record whether the s^d

p. 21

Bailey appeared upon his bayle or whether he was by the
Sherrife brought to the Barre in Case he did not give Speciall
Bayle or other [w^ch in the] Record is not menconed then a
Comittitur in due for[m ought] to have been Entered nor doth
there appeare up [on the Record] any Imparlance of the s^d
Bailey to the next C^rt [w^ch in Case] he filed not his Plea then
ought to have been Cra[ved by him] & taken notice of upon
Record
Allsoe It is Erronious in this in th^t it is said This [Cause]
Respited &c. And then is Entered the Plea [of the] s^d [Jo.]
Bailey Whereas after the Imparlance & Comittitur before
Specified the declaracon of the s^d Stapleford ag^t [the] s^d Bailey
should have been entred upon the Record w^ch [s^d] Declaracon
as allsoe the Capias afores^d is wholly omitt[ed] whereby it is
Impossible to know upon what Bond or for what surhe the s^d
Bailey was sued by the s^d Staple[ford] or to what Bond the s^d
Bailey Pleaded the s^d Plea of non e ffactum.