duly summoned between our sovereign lord the king and the prisoners at the bar, because he made default, and did not appear when called for before the said justices at the day and place aforesaid, as he ought to have done, therefore he is fined, and his fine is set at three pounds Of* Richard Turtle, of the same, yeoman, another juryman, proved to be duly summoned between our sovereign lord the king and the prisoners at the bar, because he made default, and did not appear when called for before the said justices, at the day and place aforesaid, as he ought to have done, therefore he is fined, and his fine is set at forty shillings The like in Lincolnshire. An estreat of all fines, issues, amerciaments, and recognizances, set and forfeited to our lord the Lincolnshire. king, at the castle of Lincoln, in and for the county of Lincoln, on Saturday the seventeenth day of July, in the year aforesaid, before the same justices. Of William Taylor, a prisoner in the same gaol, for a fine of one shilling set on him for an assault and misdemeanour, at the parish of Helpingham, in the same county, whereof he was indicted and convicted, and ordered to be imprisoned in the same gaol for one year next ensuing, and until the said fine be paid Of esq. mayor of the borough of Stamford, in the county aforesaid, for his neglect in not attending the court and justices abovenamed, although solemnly called, which, by the duty of his said office, he ought to have done, he is fined, and his fine is set at forty shillings £. S. d. 0 1 0 200 Warwickshire. As estreat of all fines, issues, amercia- The like in ments, and recognizances, set and forfeited to our lord the Warwickking, at Warwick, in and for the county of Warwick, on shire. Saturday, the thirty-first day of July, in the year aforesaid, before the same justices. Of William Tovey, of Dosthill, in the county of Warwick, gentleman, because he came not before the said justices at the day and place aforesaid, to prefer a bill of indictment against Joseph Weston, late of the city and county of the city of Litchfield, in a case of felony, and give evidence concerning the same, as by a recognizance entered into on the nineteenth day of April, in the year aforesaid, before Miller Sadler, esq. one of his majesty's justices of £. s. d. [* 487] Form of an estreat from the sessions, (6) The estreat peace for the county aforesaid, in the penalty of Of* Thomas Elvins of Birmingham, builder, · It is ordered that the fines of all justices of the peace, of grand jurymen, coroners, chief constables, and bailiffs, and the issues of the juries of life and death, and between party and party, (except as aforesaid,) be spared through the whole circuit. By the court. F. W. deputy clerk of the assizes in the midland circuit. The form of an estreat from the sessions. Monmouthshire. An extract of all fines, issues, americaments, recognizances, and forfeitures set, lost, imposed, and forfeited to our sovereign lord the king at the general quarter sessions of the peace of our said lord the king, holden at the Guildhall in the town of Uske, in and for the said county of M. on Wednesday the - day of —, in the - year of the reign of esquires justices of our said lord the king, assigned to keep the peace in the said county, and also to here and determine divers felonies, trespasses, and other misdemeanours in the same county committed, Z. Y. esquire, clerk of the peace of the county aforesaid then and there attending. Of O. O. late of before and [as in the indictment] of fine upon for a trespass and assault (c) at When the party is committed for afore said, in the county aforesaid, whereof he is in- Of O. O. late of - labourer, for a tresaforesaid, in the non payment county aforesaid, whereof he is indicted and convicted, and his fine is set at five pounds; and he is committed to his majesty's gaol at there to remain until he shall pay the of his fine. said fine £. s. d. 0 6 8 5 0 0 (b) Williams, J. Estreat. Burn, J. Estreat. Cro. C. C. 8th Ed. 23 to 27. Ante 1 vol. 816. (c) The estreat must mention for what offence the fine was imposed, 7 Hen. 4. c. 3. Of* J. D. of in the county of M. blacksmith, because he came not now here to answer to all and singular such things which against him on the part of our said lord the king should be objected, as by a certain recognizance taken before J. P. esq. one of the justices of our said lord the king, assigned to keep the peace in the county of M. he undertook -, joiner, one of the Of John Roe, of pledges of the said J. D. because he had him not to answer as above pledges of the said John Doe, for the like Of Richard Fen, of dyer, one of the mainpernors of W. W. because he had him not now here to answer as above, as by a certain recognizance taken before J, P. esq. one of the justices, &c. he undertook Of David Denn, of the same place, pewterer, the other of the mainpernors of the said W. for the like Of Jacob Tonson, of ▬▬▬▬▬▬, because he came not now here to prosecute the law with effect, and give evidence on the behalf of our said lord the king against C. D. in a cause of fraud and misdemeanour, as by a certain recognizance taken before R. N. esq. one of the justices of our said lord the king, undertook Of W. D. of -- silversmith, because he came not how here to prosecute his traverse upon a certain indictment of trespass and assault, as by a certain recognizance he undertook As to the 10 0 0other bail. The form of the estreat of a recogni zance where the offender 10 0 Ois not bound. 10 0 0 10 0 0 20 0 0 20 0 0 20 0 0 The estreat of a recogni zance for feited for not prosecuting and giving evidence in the case of a fraud. For not pro. secuting a traverse. Of N. M. of victualler, one of the pledges of the said W. because he had him not to prosecute his traverse as above Of M. O. of weaver, the other of the pledges of the said W. for the like. You shall swear that these estreats now by you delivered are Oath admitruly and carefully made up and examined; and that all fines, nistered to issues, amerciaments, recognizances, and forfeitures, which peace by the were set*, lost, imposed, or forfeited, and in right and due barons of the course of law ought to be estreated in the court of exchequer, exchequer are, to the best of your knowledge and understanding, on delivery therein contained; and that in the same estreats are also con- (d) tained and expressed all such fines as have been paid into [489] (d) 4 and 5 W. and M. c. 24. J. Estreat. s. 5. Williams, J. Estreat. Burn, clerk of of estreat. Petition to discharge es. treat. (e) Cases re specting estreats. (f) In the Ex- Dorset, same [* 490] Dorset, in the great roll of 48 Geo. III. the court, from which the said estreats are made, without To the Right Hon. Sir Archibald Macdonald, knight, The humble petition of G. H. of Sheweth, Middlesex, labourer. That your petitioner on the day of last, together with C. D. of, &c. became bound in a recognizance to his present majesty in the sum ofl. conditioned for the personal appearance of the said C. D. at the then next general quarter sessions of the peace to be held at Clerkenwell in and for the said county, to answer to a bill of indictment to be then and there preferred against him for an assault on A. B. of, &c.; that the said C. D. instead of appearing at the said sessions, according to the condition of the said recognizance, hath absconded, and hath not since been heard of. That default having been made in the performance of the condition of the said recognizance by the non-appearance of the said C. D. at the said quarter sessions, the same became forfeited, and hath been estreated into this honourable court. That your petitioner is poor and indigent, and much reduced in his circumstances since he entered into the said recognizance, and receives parochial relief from ———, as appears by the affidavit hereto annexed. Your petitioner therefore humbly prays your lordships will be pleased to order your petitioner's said recognizance to be discharged without the quietus. And your petitioner shall ever pray, &c. G. H. The Lord Treasurer's Remembrancer's Office, Easter Term, 51 Geo. 3. 1811. In the matter of an estreated recognizance of William Critchell, and Richard Spencer and James Critchell his two bail, because he did* not appear and answer as an accessary after the fact in the case of felony at the Lent assizes 1807, which had been respited to the following assizes. The like of John Diment, and William Henning and Richard Fudge his two mainpernors, because he did not appear and answer at the same assizes for an assault with intent to commit a rape. The like of John Miller the younger, because he did not appear and give evidence against John Wheeler, for a felony at the Lent assizes, 1808. These three matters came before the court on the motion (e) Toone, 370. Cro. C. C. 8th Ed. 23. to 27. (f) From Mr. Nicholl's MS. 154. of Wm. Grimwood, who had obtained orders nisi therein respectively, on affidavits filed in each case, calling on the clerk of the assizes to shew cause why the several recognizances were estreated, and why he should not pay the costs of the several applications of the parties for discharging them out of the estreats. In the two first cases the affidavits merely stated that the parties had attended during the continuance of the assizes, and in the last that John Miller had also attended for the same time, and was ready to give evidence. Constats of each debt had been extracted from the great roll, and the clerk of the assizes had certified on the back of each constat the respective causes of forfeiture in the usual manner, which certificates were duly filed in the court of record, stating respectively that the several parties did not appear, answer, and give evidence according to the condition of their recognizance, whereby they became severally forfeited, and were estreated accordingly, pursuant to the directions of the statute. The solicitor general shewed cause on behalf of the clerk of the assizes (wherein the crown is apparently interested) on the several certificates, all of which confirmed the facts contained in the different constats of the debts which had been estreated and returned into court on oath, by the clerk of the assizes, and he contended (in which the court concurred) that the clerk of the assizes had done no more than his duty required, and as he was bound to do by the statute of of 4 & 5 William and Mary, cap. 24. besides subjecting himself to very severe pains and penalties under the statute of 22 and 23 Car. 2. cap. 23. § 9. if he had omitted to estreat the recognizances; and he also insisted that the ground of complaint, if any there was, originated in the negligence of the parties themselves, or their advisers, in not appearing according to the course of the court. Upon which it was remarked by Mr. Baron Thompson, that it not unfrequently happened that a party bound by a recognizance to appear and answer at an as- [* 491] sizes attended in court (as alledged by the parties in these affidavits) silently watching the progress of the protecutor's proceedings, and as soon as he could learn that no bill was preferred or found against him, hastily disappeared without applying to have his appearance recorded, which he should have done, to enable the court to order the cancellation of his recognizance, as otherwise such an attendance was in law no appearance at all. The court thereupon discharged the several orders nisi, with costs to be paid to the clerk of the assizes. N. B. About the year 1789 an application of a similar nature was personally made against the then clerk of the assizes for the Oxford circuit, supported likewise by affidavits; and upon his showing cause it was pressed by the counsel for the |