Note 146 — APPENDIX.[143]

In Easter term, 1707, the Queen sent her writ to the Sheriff of Middlesex in these words: Whereas Christopher Rich, Esq., in our Court at Westminster by our writ and by judgment of the said Court recovered against Richard Steele, gentleman, alias Richard Steele of the parish of St. Martin-in-the-Fields, gentleman, £144 of debt, also 53s. for his damages, whereof Richard is convicted as is manifest to us by the Records: Now on the part of the said Christopher we understand that in spite of the judgment aforesaid the debt and damages still remain unpaid, wherefore Christopher prays us to give him a suitable remedy. We willing to do what is just in the matter command you by honest men of your bailiwick to cause Richard to know that he is to come before us at Westminster on Wednesday next after the Quindene of Easter to show if he knows or can say anything in bar of execution why Christopher may not have execution of his debt and damages, according to the force, form, and effect of recovery, if he shall think proper, and further to do and receive what the Court shall consider to be just in the matter.—On the 12th February, 5 Anne (1706-7), at Westminster, Christopher came, and the Sheriff acknowledged that Richard has nothing in his bailiwick by which he could cause him to know, &c. [i.e., he had no property to which he could affix the notice]. Richard did not come; therefore it was commanded to the Sheriff to make known to him that he was to be before the Queen at Westminster on Wednesday next after the month of Easter, to show if, &c., and further, &c. The same day was given to Christopher, whereupon he came, and the Sheriff again acknowledged that Richard had nothing, &c., but Richard did not come. It was therefore considered that Christopher might have execution against him of debts and damages, according to the form and effect of the recovery aforesaid (Queen's Bench Judgment Roll, Easter 6 Anne, 375). I have not found the original judgment here referred to.