Exchequer: King's Remembrancer: Memoranda Rolls 1751-1753
(relating to investigations into Thomas Benson and others)

National Archives ref: E 159/598 and 599

© Crown Copyright

Transcribed by David Carter 2022

[Spelling remains verbatim. All paragraphs and punctuation added by the transcriber]

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Catalogue entries:

Date:    1751-1752
E 159 - Exchequer: King's Remembrancer: Memoranda Rolls and Enrolment Books
Memoranda Roll, 25 Geo II, Trinity to Easter term.
Reference:    E 159/598
https://discovery.nationalarchives.gov.uk/details/r/C2319585

Date:    1752-1753
E 159 - Exchequer: King's Remembrancer: Memoranda Rolls and Enrolment Books
Memoranda Roll, 26 Geo II, Trinity to Easter term.
Reference:    E 159/599
https://discovery.nationalarchives.gov.uk/details/r/C2319586

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These documents exist to record the legal cases by the Crown against Thomas Benson and others, for non-payment of tax on imported tobacco imported in the Grace in 1749, and in the Nightingale and the Brittania in 1750.

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The documents transcribed here, are initially summarised as follows:

Devon

1) Michaelmas Term in the 25th year of the Reign of George II [Oct-Dec 1751]
26 Jun 1751: Case brought against Thomas Benson, William Hammatt & Peter Marshall for £922.
23 Oct 1751: Thomas Benson, William Hammatt & Peter Marshall appeared (through their attorney, Richard Wood), and said that £416.2s.2d.3f tax due by 11 July 1751 on 20,000 lbs tobacco imported on the Grace on 11 Jan 1749, had been paid on the due date, and this case was therefore unlawful. The case was deferred.
01 Feb 1752: Benson, Hammett and Marshall appeared, but the Sherriff and jurors did not turn up.
12 Feb 1752: Benson, Hammett and Marshall appeared, and were found liable.
[Some other confusing court dates of 11 Apr 1752 and 20 Jun 1752 also mentioned here].

2) Trinity Term 4 in the 25th and 26th year of the Reign of George II [Jun-July 1752]
11 May 1752: Case brought against Thomas Benson, Daniel Bird and Daniel Pettigrew for £1,660.
29 May 1752: Thomas Benson summoned, but Daniel Bird and Daniel Pettigrew were unable to be found.    
23 Jan 1753: Daniel Bird appeared (through his attorney, Adam Martin), but case was deferred.
09 Feb 1753: Daniel Bird appeared again, and was found liable.

3) Trinity Term 5 in the 25th and 26th years of the Reign of George II [Jun-July 1752]
11 May 1752: Case brought against Thomas Benson, Daniel Bird and Daniel Pettigrew for £1,153, tax due on 25,000 lbs tobacco imported on the Nightingale on 19 Sep 1750.
Thomas Benson summoned, but Daniel Bird and Daniel Pettigrew were unable to be found.
29 May 1752: Benson and Pettigrew appeared (through their attorney, Richard Wood), and said that £576.7s.9d was paid on 13 May 1752. To be investigated - case postponed
03 Nov 1752: Benson and Pettigrew appeared, but case postponed.
07 Nov 1752: Benson and Pettigrew appeared, and claimed that the writ was not legal.
01 Feb 1753: Benson and Pettigrew appeared, but the Sherriff and jurors did not turn up.
12 Feb 1753: Benson and Pettigrew appeared, and were found liable.

4) Trinity Term 7 in the 25th and 26th years of the Reign of George II [Jun-July 1752]
11 May 1752: Case brought against Thomas Benson, Daniel Bird and Daniel Pettigrew, for £1,153.
Thomas Benson summoned, but Daniel Bird and Daniel Pettigrew were unable to be found.
23 Jan 1753: Daniel Bird appeared (through his attorney, Adam Martin), but case was deferred.
09 Feb 1753: Daniel Bird appeared again, and was found liable.

5) Trinity Term 8 in the 25th and 26th years of the Reign of George II [Jun-July 1752]
11 May 1752: Case brought against Thomas Benson, Daniel Bird and Daniel Pettigrew, for £1,660.
Thomas Benson summoned, but Daniel Bird and Daniel Pettigrew were unable to be found.
29 May 1752: Benson and Pettigrew appeared (through their attorney, Richard Wood), £830 tax due by 19 Apr 1752, on 36,000 lbs tobacco imported on the Nightingale on 19 Sep 1750, but case was deferred.
03 Nov 1752: Benson and Pettigrew appeared, but case postponed.
07 Nov 1752: Benson and Pettigrew appeared, and claimed that the writ was not legal, but that Thomas Benson had already paid the £830 on 19 Apr 1752.
01 Feb 1753: Benson and Pettigrew appeared, but the Sherriff and jurors did not turn up.
12 Feb 1753: Benson and Pettigrew appeared, and were found liable.

6) Michaelmas Term 7 in the 26th year of the Reign of George II [Oct-Dec 1752]
17 June 1752: Case brought against Thomas Benson, John Lancey and Daniel Pettigrew, for £2,877.
Thomas Benson and Daniel Pettigrew summoned, but John Lancey was unable to be found.
06 Nov 1752: Benson, Lancey and Pettigrew appeared (through their attorney Richard Wood), £1,438.13s.4d tax due by 06 Jun 1752, on 62,400 lbs tobacco imported on the Brittania on 16 Nov 1750, but they claimed that the writ was not legal because Benson had paid £1,438.13s.4d tax on 06 Jun 1752.
01 Feb 1753: Benson, Lancey and Pettigrew appeared, but the Sherriff and jurors did not turn up.
[12 Feb 1753 - not stated]: Benson and Pettigrew appeared, and were found liable.

Middx

7) Easter Term 4 in the 26th year of the Reign of George II [Apr-May 1753]
24 May 1753: Case brought against Thomas Benson for £1,120.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

8) Easter Term 7 in the 26th year of the Reign of George II [Apr-May 1753]
24 May 1753: Case brought against Thomas Benson for £269.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

9) Easter Term 8 in the 26th year of the Reign of George II [Apr-May 1753]
24 May 1753: Case brought against Thomas Benson for £1,120.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

10) Easter Term 9 in the 26th year of the Reign of George II [Apr-May 1753]
24 May 1753: Case brought against Thomas Benson for £130.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

11) Easter Term 10 in the 26th year of the Reign of George II [Apr-May 1753]
24 May 1753: Case brought against Thomas Benson for £897.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

12) Easter Term 11 in the 26th year of the Reign of George II [Apr-May 1753]
24 May 1753: Case brought against Thomas Benson for £225.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

13) Easter Term 12 in the 26th year of the Reign of George II [Apr-May 1753]
24 May 1753: Case brought against Thomas Benson for £553.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

14) Easter Term 13 in the 26th year of the Reign of George II [Apr-May 1753]
09 May 1753: Case brought against Thomas Benson for £179.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

15) Easter Term 14 in the 26th year of the Reign of George II [Apr-May 1753]
24 May 1753: Case brought against Thomas Benson for £1,694.
04 Jun 1753: Benson appeared (through his attorney Adam Martin), but case postponed.
27 Jun 1753: Benson appeared, and was found liable.

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List of People:

Thomas Benson – merchant
Daniel Bird – mariner, of Bideford (master of the Nightingale)
William Hammatt – mariner, of Northam (master of the Grace)
John Lancey – mariner (master of the Brittannia)
Peter Marshall – mariner, of Northam
Daniel Pettigrew – servant/agent to Benson

Adam Martin – attorney
Richard Wood – attorney

Charles Holloway – bailiff
Benjamin Lane – bailiff
Philip Sydenham – bailiff
James White – bailiff

Henry Bayntun – Collector of Customs, Barnstaple
Stucley Bayntun – Collector of Customs, Barnstaple

Charles Asgill, Knight, of Middx
Richard Glyn, Knight – Sheriff of London
Sir Thomas Parker, Knight – Judge and Chief Baron
Sir Dudley Ryder, Knight – Attorney General
John Woolcombe Esq – Sheriff of Devon

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Transcripts:

Document 1:

Devon, Michaelmas 1751

More Common Matters of Mich[aelm]as Term in the Twenty fifth year of the Reign of King George the Second [Oct-Dec 1751].

A Judgment for the King against Thomas Benson, William Hammatt & Peter Marshall for £922 upon the Def[endan]ts relinquishing their plea.

Devon. Be it Remembered that the Writ of our Sovereign Lord the King, under the Seal of the Exchequer, by Cons[ideratio]n of the Barons, here issued hence in the words following, to wit: 
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith &c. To the Sheriff of the County of Devon, Greeting.

Whereas Thomas Benson, merchant, W[illia]m Hammatt, mariner, and Peter Marshall, mariner, all of Northam in the County of Devon, by their Bond Sealed with their Seals, bearing Date the fourteenth day of May in the Twenty third year of our Reign [1750], are Joyntly & Severally bound to us in the sume of Nine hundred & twenty two pounds [£922] of good and Lawfull Money of Great Britain, payable at a certain day now past. And which Sume they have not as yet paid, or Caused to be paid to us (as it is sayd).

And we being desirous to be Satisfied the said sume of nine hundred & Twenty Two pounds [£922] now due to us, with all the speed we can as is Just, Command that you Omit, not by reason of any Liberty, but that you enter the same & by good & Lawfull Men of your Bailiwick, give Notice to the s[ai]d Thomas Benson, W[illia]m Hammatt, & Peter Marshall, that they appear before the Barons of our Exchequer at Westm[inste]r on the Twenty third day of October next coming [1751], to Shew Cause & declare if they have, or know of, any thing to say for themselves why we should not have Execution ag[ains]t them for the s[ai]d sume of Nine hund[re]d & Twenty Two pounds [£922].

And that you then have there the Names of those persons by whom such Notice shall be given to them, tog[ethe]r with this our Writt.

Witness: Sir Thomas Parker, Kn[igh]t at Westm[inste]r, the Twenty Sixth Day of June in the Twenty Fifth year of our Reign [1751], by the Bond af[oresai]d, & by the Barons Masham. At which Day the Sheriff of the s[ai]d County of Devon returned here the s[ai]d writ, Indorsed as follows:

By virtue of this writ to me directed by Philip Sydenham & Cha[rle]s Holloway the younger, Honest & Lawfull Men of my Bailiwick, I have given Notice to the within named Tho[ma]s Benson, W[illia]m Hammatt, & Peter Marshall, that they be before the Barons within written at the day & place within Contained, to shew pd[?] as I am within commanded, John Woolcombe Esq, Sheriff.

As by the s[ai]d writ & Return thereof, w[hi]ch are on the File of writs Executed for his s[ai]d Ma[jes]ty of this Term for the County of Devon, in the office of his Ma[jes]ty’s Rem[embrance]r More fully Appears.

And Now, to wit, at the s[ai]d Twenty third day of October in this Term [1751], Come here the s[ai]d Thomas Benson, William Hammatt, and Peter Marshall, in the s[ai]d Writt of Scire facias Named, by Richard Wood their Attorney. And pray the hearing of the said Writt of Scir[e] facias, & of the return of the same. And they are read to them. They also pray the hearing of the s[ai]d Bond Mentioned in the s[ai]d Writt of Scir[e] facias, And of the Condition of the s[ai]d Bond, and they are read to them in these words:

Know all men by their presents, that we Thomas Benson, merchant, William Hammatt, mariner, & Peter Marshall, all of Northam in the County of Devon, are held and firmly Bound unto Our Sovereign Lord George the Second, by the Grace of God King of Great Britain, France & Ireland, Defender of the Faith &c, in the Sume of Nine hund[re]d & twenty two pounds [£922] of good & Lawful [money] of Great Britain, to be paid to our s[ai]d Lord the King, his heirs or Successors.

To which payment well and truly to be made, we bind Our Selves and Every of us Joyntly and Severally, for and in the whole, Our Heirs, Ex[ecu]tors & Adm[inistra]tors, & Every of them firmly by these presents, Sealed with Our Seals, Dated the this Fourteenth day of May in the Twenty third year of the Reign of his s[ai]d Ma[jes]ty, and in the year of our Lord 1750.

The Condition of this Obligation is Such That: if the above Bounden Thomas Benson, W[illia]m Hammatt, or Peter Marshall, their heirs, Ex[ecu]tors, Adm[inistra]tors and Assigns, or any of them, do well and truly pay, or Cause to be paid, unto Mr Stucley Bayntun, Coll[ecto]r of his Ma[jes]tys Customs at Barnstaple, or to the Coll[ecto]r of his Ma[jes]tys Customs there for the time being, for his s[ai]d Ma[jes]tys Use, the Sume of four hundred Sixty One pounds, two shill[ing]s & two pence, three farthings [£416.2s.2d.3f] of lawfull Money, on or before the Eleventh day of July [1751], Which Shall be in the year of our Lord 1751, Being for the Bondable Dutys on Twenty thousand pounds [20,000 lbs] British plantation Tobacco, Imported in the Ship Grace, W[illia]m Hammatt master, from Maryland, Reported the Eleventh January 1749 at the s[ai]d Port of Barnstaple, Then this present Obligation to be void and of none Effect, or Else to be and remain in full force & Virtue.

Which being read and heard, & by them understood, they Complain that they by Colour of the prem[ise]s are greatly vexed and Disquieted, And that not Justly, because protesting that the writ of Scire facias af[oresai]d & the return of the same, And the s[ai]d Bond, and the Matter in the same Contained, are not Suff[icen]t in Law to charge the s[ai]d Thomas Benson, W[illia]m Hammatt and Peter Marshall, or any of them, with the s[ai]d sume of nine hundred & Twenty two pounds [£922] Mentioned in the s[ai]d Bond & writ of Scire facias, or with any part thereof, To which they hold it not Necessary, nor by the Law of the Land are they bound to Answer for the plea.

Nevertheless, the said Thomas Benson, W[illia]m Hammatt and Peter Marshall, say that our s[ai]d Lord the King Ought Not to have Exe[cut]ion ag[ains]t them for the s[ai]d Nine hundred & Twenty two pounds [£922], or any part thereof, Because they say that the s[ai]d Thomas Benson did well & truly pay unto the s[ai]d Mr Stucley Bayntun, Coll[ecto]r of his Ma[jes]tys Customs in the s[ai]d Bond Named for his s[ai]d Ma[jes]tys use, the s[ai]d sume of four hund[re]d & Sixty one pounds two shill[ing]s & two pence, three farthings [£416.2s.2d.3f] of Lawfull Money, on the s[ai]d Eleventh day of July in the s[ai]d year of our Lord 1751, in the Condition of the s[ai]d Bond Mentioned, being for the Bondable Dutys of Twenty thous[an]d pounds [20,000 lbs] of British plantation Tobacco Imported in the Ship Grace, the s[ai]d W[illia]m Hammatt Mas[te]r, from Maryland, Reported the s[ai]d Eleventh day of Jan[uar]y 1749 at the Port of Barnstaple, according to the true Intent & meaning of the s[ai]d Bond & Condition, to wit at Barnstaple af[oresai]d in the s[ai]d County of Devon.

And this the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall are ready to Verify & prove as the Court pd[?].

Whereupon they pray Judjment, and that the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall, May be Acquitted & Discharged of the s[ai]d sume of Nine hundred & twenty two pounds [£922] in the s[ai]d writ of Scire facias mentioned.

And that the s[ai]d Bond May be Cancelled & Deb[ite]d to them, the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall, and that they, the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall, as Concerning the prem[is]es, May be dismissed from this Court.

And Sir Dudley Ryder, Knight, Attorney General of our said Lord the King, who prosecutes for our said Lord the King in this Behalf, present here in Court the same Day, For our said Lord the King saith: That by any thing alleged by the said Thomas Benson, William Hammatt and Peter Marshall in their said Plea, Our said Lord the King ought not to be barr’d from having his Execution against the said Thomas Benson, William Hammatt and Peter Marshall, for the said Sum of Nine hundred and Twenty two Pounds [£922] in the said Writ mentioned, Because protesting that the said Plea, and the Matters therein contained, are insufficient in Law.

Yet the said Attorney General of our said Lord the King, for a Replication to the said Plea, Saith that the said Thomas Benson did not well and truly pay unto Mr Stucley Bayntun, Collector of his Majesty’s Customs, in the Plea of the said Thomas Benson, W[illia]m Hammatt and Peter Marshall, named for his said Majesty’s use, the Sum of four hundred and Sixty one pounds, Two shillings and Two Pence, three farthings [£416.2s.2d.3f] of lawful Money, on the Eleventh Day of July in the year of our Lord One thousand, Seven hundred and Fifty One [1751], in manner and form as the aforesaid Thomas Benson, William Hammatt and Peter Marshall have above in pleading alleged.

And this the same Attorney General prayeth that it may be inquired of, by the Country, And the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall likewise. Therefore let an Inquisition be taken in the prem[is]es.

And the Court Commands the Sheriff of the County of Devon, that he should not Omit and so forth, and Cause to Come here in Eight Days from the Day of St Hillary [1st Feb – see suffix note], Twelve good and Lawfull Men of the Body of the s[ai]d County of Devon, of whom & so forth, by whom & so forth, & who are not and so forth, to take Cognizance of the prem[is]es. And the same day is given unto the s[ai]d Tho[ma]s Benson, W[illia]m Hammatt & Peter Marshall, at w[hi]ch Day the s[ai]d Tho[ma]s Benson, W[illia]m Hammatt & Peter Marshall, Come here as before. And the Sheriff did Not return the s[ai]d writ, nor doth the Jurors appear.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as and so forth, in fifteen days from Easter Day [which was on 2nd April in 1752, so fifteen days on, would be 17th April 1752]. And the same day is given unto the s[ai]d Tho[ma]s Benson, W[illia]m Hammatt & Peter Marshall. At which Day the s[ai]d Tho[ma]s Benson, W[illia]m Hammatt & Peter Marshall, Come here as before. And the Sheriff did Not return the s[ai]d writ, nor doth the Jurors appear.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as & so forth, on the Morrow of the Holy Trinity [20th June 1752 – see suffix note]. And the same day is given unto the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall. At w[hi]ch day the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall, Come here as before. And the Sheriff did Not return the s[ai]d writ, nor doth the Jurors appear.

[THE ABOVE TWO PARAGRAPHS WERE REPEATED VERBATIM IN THE ORIGINAL DOCUMENT, BUT THE DUPLICATIONS HAVE NOT BEEN INCLUDED HERE.  THE FOLLOWING PARAGRAPHS APPEAR TO BE THE SAME, BUT CONTAIN DIFFERENT DATES].

Therefore the Court Commands the s[ai]d Sheriff, as before, so as & so forth, in Eight days from the day of St Hillary [1st Feb – see suffix note]. And the same day is given unto the s[ai]d Thomas Benson, W[illia]m Hammatt and Peter Marshall. At w[hi]ch day the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall, Come here as before. And the Sheriff did not return the s[ai]d writ, nor doth the Jurors appear.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as and so forth, on the first day of February [1752]. And the same day is given unto the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall. At w[hi]ch day the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall, Come here as before. And the Sheriff did Not return the s[ai]d writ, nor doth the Jurors appear.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as and so forth, on the Twelfth day of February [1752]. And the same day is given unto the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall. At w[hi]ch day the s[ai]d Thomas Benson, W[illia]m Hammatt & Peter Marshall, Come here as before, and Relinquish the verifying of their plea, by them pleaded in the prem[is]es and of the Issue thereupon joined to the Countrey, and say they have nothing to Offer Why his Ma[jes]ty should not have Execution against them for the said sume of Nine hundred and twenty two pounds [£922], in the s[ai]d writ of Scire facias mentioned.

And upon this, Sir Dudley Ryder, Knight, Attorney General of our said Lord the King, prays Judgment in the Premises, Whereupon the Premises being seen by the Barons here, and mature Deliberation thereupon had by them, it is Adjudged by the said Barons that our said Lord the King have Execution against them, the said Thomas Benson, William Hammatt and Peter Marshall, for the said Sum of Nine hundred and Twenty two Pounds [£922], in the said Writ of Scire Facias mentioned by Reason of the Premisses.

Judgem[en]t for the King, C.T.

==================================

Document 2:

Devon, Trinity 4

Trinity Term in the Twenty Fifth and Twenty Sixth year of the Reign of King George the Second [Jun-July 1752].

A Judgment for the King ag[ains]t Daniel Bird for £1,660 by default on a Sc[ire] Fac[ias].

Devon. Be it remembered that the Writ of his present Majesty King George the Second, by Command of the Barons of the Court of Exchequer, issued under the Seal of the said Court in the following Words:
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth. To the Sheriff of the County of Devon, Greeting.

Whereas Thomas Benson of Northam in the County of Devon, merchant, and Daniel Bird of Bideford in the said County, mariner, and Daniel Pettigrew, known Servant or agent to the said Thomas Benson, by their Bond Sealed with their Seals, bearing Date the First Day of November in the Twenty Fourth year of our Reign [1750], are jointly and severally bound to us in the Sume of One thousand, Six hundred & Sixty Pounds [£1,660] of good and lawful Money of Great Britain, payable at a certain Day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being desireous to be satisfied the said Sum of One thousand, Six hundred & Sixty Pounds [£1,660] now due to us, with all the Speed we can (as is just), Command you that you omit, not by Reason of any Liberty, but that you enter the same and by good and lawful Men of your Bailiwick, give Notice to the said Thomas Benson, Daniel Bird, and Daniel Pettigrew, that they appear before the Barons of our Exchequer at Westminster on the Twenty Ninth Day of May Instant [1752], to shew Cause & declare if they have, or know of, any thing to say for themselves why we should not have Execution against them for the s[ai]d sume of One thousand, Six hundred and Sixty Pounds [£1,660].

And that you then have there the Names of those Persons by whom such Notice shall be given to them, together with this our Writ.

Witness: Sir Thomas Parker, Knight, at Westminster, the Eleventh Day of May in the Twenty Fifth year of our Reign [1752], By the Bond aforesaid, And by the Barons Masham. And at the said Twenty Ninth Day of May [1752] the Sheriff, to wit George Fursdon Esquire, returned here the said Writ thus indorsed:

By Virtue of this Writ to me directed, I do hereby certify that by Philip Sydenham and John Doe, good and lawfull Men of my Bailiwick, I have given Notice to the within named Thomas Benson, that he be before the Barons within mentioned at the Day and Place within contained, to do as by the said Writ is required. And I do further certify that the within named Daniel Bird and Daniel Pettigrew have nothing in my Bailiwick whereby I can give Notice to them, or either of them, as I am within commanded. Nor are they, or is either of them, found in the same. The Answer of George Fursdon Esq, Sheriff.

And the said Daniel Bird, though often and solemnly called and required to appear here in Court, did not come. Therefore it is commanded, the Sheriff as before by another Writ of his said Majesty, under the Seal of this Exchequer bearing Date the Twenty Eighth Day of November [1750?], that he should not omit by Reason of any Liberty, but that he should enter the same, and by good and lawful Men of his Bailiwick, give Notice to the said Daniel Bird, that he should appear before the Barons of the Exchequer of his said Majesty at Westminster on the Twenty third Day of January [1753], to shew Cause and declare if he had, or knew of, anything to say for himself why we should not have Execution against him for the said Sum of One thousand, Six hundred and Sixty Pounds [1,660].

And that the said Sheriff should have there the Names of those Persons by whom such Notice should be given to him together with this the said Writ.

At which Day the said Sheriff, to wit the said George Fursdon Esquire, returned here the said Writ thus indorsed to wit:

By Virtue of this Writ to me directed, I do hereby certify that by Philip Sydenham and John Doe, good and lawfull Men of my Bailiwick, I have given Notice to the within named Daniel Bird, that he be before the Barons within mentioned at the Day and Place within contained, to do as by the said Writ is required. The Answer of George Fursdon Esquire, Sheriff.

As is contained in the said several Writs and the Returns thereon, which are on the file of Writs executed for his said Majesty in the Twenty Sixth year of his Reign [1753], on the Part of the King's Remembrancer, At which said Twenty third Day of January [1753], the said Daniel Bird appeared here in Court, by Adam Martin his Attorney, and prayed Oyer of the said Writs of Scire Facias and the Returns thereon. Which being read and by him heard, and understood. 

Because he is not fully advised to answer at present in the Premises, prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Daniel Bird, in the same Condition as he now is, till Fryday the Ninth day of February [1753]. At which Day the said Daniel Bird came here as before, and alleged nothing why his said Majesty should not have Execution against him for the said Sum of One thousand, Six hundred and Sixty Pounds [£1,660] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Daniel Bird for the said Sum of One thousand, Six hundred and Sixty Pounds [£1,660] in the said Writs of Scire Facias mentioned, by Reason of the Premises.

Judgem[en]t for the King, C.T.

==================================

Document 3:

Devon, Trinity 5

More Common Matters of Trinity Term in the Twenty Fifth and Twenty sixth years of the Reign of King George the Second [Jun-July 1752].

A Judgment for the King ag[ains]t Thomas Benson & Daniel Pettigrew for £1,153 on a Scire facias.

Devon. Be it remembered that the Writ of his present Sovereign Lord the King, under the Seal of this Exchequer, by Consideration of the Barons, issued hence in the words following towit:

George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith &c. To the Sheriff of the County of Devon, Greeting.

Whereas Thomas Benson Esq of Northam in the County of Devon, merchant, and Daniel Bird of Biddeford in the s[ai]d County, mariner, and Daniel Pettigrew, known Serv[an]t or Agent to the said Thomas Benson, by their Bond Sealed with their Seals, bearing Date the Thirteenth Day of November in the Twenty Fourth year of our Reign [1750], are Joyntly and Severally bound to us in the Sume of One thousand, one hundred and fifty three pounds [£1,153] of good and Lawfull Money of Great Britain, payable at a certain Day now past. And which Sume they have not as yet paid, or caused to be paid to us as it is sayd.

And we being desireous to be satisfied the s[ai]d Sume of one thousand, one hundred and fifty three pounds [£1,153] now due to us, with all the Speed we can, as is just, Command you that you omit, not by Reason of any Liberty, but that you enter the same, and by good and Lawfull Men of your Bailiwick, give Notice to the s[ai]d Thomas Benson, Daniel Bird & Dan[ie]l Pettigrew, that they appear before the Barons of our Exchequer at Westm[inste]r on the Twenty Ninth Day of May Instant [1752], to shew Cause & declare if they have, or know of, any thing to say for themselves why we should not have Execution against them for the said Sume of one thousand, one hundred and fifty three pounds [£1,153].

And that you then have there the Names of those Persons by whom such Notice Shall be given to them together with this our Writ.

Witness Sir Thomas Parker, Kn[igh]t at Westm[inste]r, the Eleventh Day of May in the Twenty Fifth year of our Reign [1752], By the Bond af[oresai]d, and by the Barons Masham. At w[hi]ch Day, George Fursdon Esq, Sheriff of the s[ai]d County of Devon, returned here the s[ai]d Writt Indorsed as follows:

By Virtue of this Writ to me directed, I do hereby certify that by Philip Sydenham & Jno Doe, good and lawfull Men of my Bailiwick, I have given Notice to the within named Thomas Benson, that he be before the Barons within men[tione]d at the day and place within Contained, to do as by the s[ai]d writt is Required. And I do further certify that the within named Dan[ie]l Bird & Dan[ie]l Pettigrew, have nothing in my Bailiwick whereby I can give notice to them, or either of them, as I am within Commanded, nor are they, or is either of them, found in the same. The Answer of George Fursdon Esq, Sheriff.

As by the s[ai]d Writt and return thereon, w[hi]ch are on the file of writts Executed for his s[ai]d Ma[jest]y of this Term, for the County of Devon, in the Office of his Ma[jest]y's Rem[embrance]r more fully appears.

And now, that is to say, on the s[ai]d Twenty Ninth day of May in this Term [1752], Come here into Court the s[ai]d Thomas Benson & Dan[ie]l Pettigrew in the s[ai]d writt of Scire facias, named by Richard Wood their Attorney. And they pray the hearing of the s[ai]d writt of Scire facias, and of the return of the same. And they are read to them. They also pray the hearing of the s[ai]d Bond Mentioned in the s[ai]d Writt of Scire facias, And of the Condition of the s[ai]d Bond and they are read to them in these words:

Know all men by these presents, that we Tho[ma]s Benson Esq of Northam in the County of Devon, merchant, Dan[ie]l Bird of Biddeford in the s[ai]d County, mariner, and Dan[ie]l Pettigrew, known Ser[van]t or agent to the s[ai]d Thomas Benson, are held and firmly bound unto our Sovereign Lord George the Second, by the Grace of God King of Great Britain, France & Ireland, Defender of the Faith & so forth, in the Sum of One thous[an]d one hundred and fifty three pounds [£1,153] of good & Lawfull Money of Great Britain, to be paid to our s[ai]d Lord the King his heirs or Successors.

To which payment well & truly to be Made, we bind Our Selves and Every of us Jointly and Severally, for and in the whole, our heirs, Ex[ecut]ors and Adm[inistrat]ors, and Every of them firmly by these presents, Sealed with our Seals, Dated this thirteenth day of November in the Twenty fourth year of his s[ai]d Ma[jes]ty, and in the year of our Lord One thousand, seven hund[re]d & fifty [1750].

The Condition of this Obligation is such That: if the above bounden Tho[ma]s Benson, Dan[ie]l Bird, & Dan[ie]l Pettigrew, their heirs, Ex[ecut]ors, Adm[inistrat]ors or Ass[ign]s, or any of them, do well & truly pay, or Cause to be paid, unto Mr Henry Bayntun, Coll[ecto]r of his Ma[jes]tys Customs at Barnstaple, or to the Coll[ecto]r of his Ma[jes]tys Customs there for the time being, for his s[ai]d Ma[jes]tys use, the Sume of five hund[re]d & Seventy six pounds, seven shill[ing]s & nine pence farthing [£576.7s.9d] of Lawfull Money, on or before the Thirteenth day of May, w[hi]ch Shall be in the year of our Lord one thous[an]d seven hund[re]d & fifty Two [1752], being for the Bondable dutys of Twenty five thous[an]d pounds [25,000 lbs] of British plantation Tobacco, Imported in the Ship Nightingale, Dan[ie]l Bird master, from Maryland, reported the Nineteenth day of Sept one thous[an]d, seven hund[re]d & fifty [1750] at the s[ai]d Port of Barnstaple, Then this present Obligation to be void & of none Effect, or Else to be & remain in full force and virtue.

Which being read and heard, and by them understood, Beacuse they are not yet fully advised to Answ[e]r in the prem[is]es, they pray of the grace of the Court a day to be given to them, at which, and so forth. Which is granted them by the Court. And thereupon a day is given here to the said Thomas Benson & Dan[ie]l Pettigrew, in the same state wherein they now are, untill the Morrow of all Souls [03 Nov 1752 – see suffix note], at which Day the s[ai]d Thomas Benson and Dan[ie]l Pettigrew Come here as before, and for the reasons af[oresai]d, they have a further day given to them in the same state, wherein they now are, until Tuesday the Seventh day of November [1752]. At which Day the s[ai]d Tho[ma]s Benson & Dan[ie]l Pettigrew Come here as before, and they Complain that they by Colour of the prem[is]es are greatly vexed and Disquieted, And that not Justly, because protesting that the writt of Scire facias af[oresai]d And the return of the same, and the said Bond and the Matter in the same Contained, are not Sufficient in Law to Charge the said Thomas Benson & Daniel Pettigrew, or Either of them, with the said Sume of One thousand, one hundred & fifty three pounds [£1,153] Mentioned in the said Bond & Writt of Scire facias, or with any part thereof, To which they hold it not Necessary, nor by the Law of the Land are they bound to Answer for plea.

Nevertheless the said Thomas Benson and Dan[ie]l Pettigrew, Say that our said Lord the King Ought not to have Execution against them for the said One thousand, and one hundred & fifty three pounds [£1,153], or any part thereof, Because they Say that the s[ai]d Thomas Benson did well and truly to pay unto Mr Henry Bayntun, Coll[ecto]r of his Ma[jes]tys Customs in the s[ai]d Bond Named for his Ma[jes]tys use, the Sume of five hundred & seventy six pounds, seven shill[ing]s and nine pence farthing [£576.7s.9d] of Lawfull Money, on the s[ai]d Thirteenth day of May in the s[ai]d year of our Lord one thousand, seven hund[re]d & fifty Two [1752], in the Condition of the s[ai]d Bond Mentioned, being for the Bondable Dutys of twenty five thousand pounds [25,000 lbs] of British plantation Tobacco Imported in the Ship Nightingale, the s[ai]d Daniel Bird mas[te]r, from Maryland, Reported the s[ai]d Nineteenth day of Sept One thousand, seven hundred & fifty [1750] At the port of Barnstaple, according to the true Intent & Meaning of the s[ai]d Bond & Condition, to wit at Barnstaple af[oresai]d in the s[ai]d County of Devon.

And this the s[ai]d Thomas Benson & Dan[ie]l Pettigrew are ready to verify & prove as the Court pd[?].

Whereupon they pray Judgment, And that the s[ai]d Tho[ma]s Benson & Daniel Pettigrew, May be Aquitted & Discharged of the s[ai]d Sume of one thous[an]d one hundred & fifty three pounds [£1,153] in the s[ai]d writt of Scire facias Mentioned.

And that the s[ai]d Bond May be Cancelled & Delivered to the s[ai]d Thomas Benson and Daniel Pettigrew, and that the s[ai]d Thomas Benson and Daniel Pettigrew, as Concerning the prem[is]es, May be dismissed from this Court.

And Sir Dudley Ryder, Knight, Attorney General of our said Lord the King, who prosecutes for our said Lord the King in this Behalf, present here in Court the same Day, for our said Lord the King saith: That by any thing alledged by the said Thomas Benson and Daniel Pettigrew in their said Plea, Our said Lord the King ought not to be barr'd from having his Execution against the said Thomas Benson and Daniel Pettigrew, for the said Sum of One thousand, one hundred and Fifty three Pounds [£1,153] in the said Writ mentioned, Because protesting that the said Plea, and the Matters therein contained, are insufficient in Law.

Yet the said Attorney General of our said Lord the King, for a Replication to the said Plea, Saith that the said Thomas Benson did not well and truly pay unto Mr Henry Bayntun, Collector of his Majesty's Customs, in the Plea of the said Thomas Benson and Daniel Pettigrew, named for his said Majesty's Use, the Sum of Five hundred and Seventy Six Pounds, Seven Shillings and Nine Pence Farthing [£576.7s.9d] of lawful Money, on the Thirteenth Day of May in the year of our Lord One thousand, Seven hundred and Fifty two [1752], in manner and Form as the aforesaid Thomas Benson and Daniel Pettigrew have above in pleading alleged.

And this the same Attorney General prayeth that it may be inquired of, by the Country, And the s[ai]d Thomas Benson & Dan[ie]l Pettigrew likewise. Therefore let an Inquisition be taken in the prem[is]es.

And the Court Commands the Sheriff of the County of Devon, that he should not Omit and so forth, & Cause to Come here in Eight days from the Day of St Hillary [1st Feb – see suffix note], Twelve Good and Lawfull Men ~~~~~[sic] of the Body of the s[ai]d County of Devon, of whom & so forth, By whom & so forth, & who are not & so forth, to take Cognizance of the prem[is]es. And the same day is given unto the s[ai]d Thomas Benson & Dan[ie]l Pettigrew, at which day the s[ai]d Thomas Benson & Dan[ie]l Pettigrew come here as before. And the Sheriff did not return the s[ai]d writt, nor doth the Jurors Appear.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as and so forth, on the first day of February [1753], And the same day is given unto the said Thomas Benson & Dan[ie]l Pettigrew. At which Day the s[ai]d Thomas Benson & Dan[ie]l Pettigrew Come here as before. And the Sheriff did not return the said writt, nor doth the Jurors appear.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as and so forth, on the Twelfth day of February [1753], And the same day is given unto the s[ai]d Thomas Benson & Dan[ie]l Pettigrew. At w[hi]ch Day the s[ai]d Thomas Benson, Dan[ie]l Pettigrew Come here as before and relinquish the verifying of their plea by them pleaded in the prem[is]es, and of the Issue thereupon Joined to the Countrey. And say they have nothing to Offer why his Ma[jest]y should not have Execution ag[ains]t them, for the said sume of One thousand, one hundred & fifty three pounds [£1,153] in the s[ai]d writt of Scire facias mentioned.

And upon this, Sir Dudley Ryder, Knight, Attorney General of our said Lord the King, prays Judgment in the Premises, Whereupon the Premises being seen by the Barons here, and mature Deliberation thereupon had by them, It is Adjudged by the said Barons that our said Lord the King have Execution against them, the said Thomas Benson and Daniel Pettigrew, for the said Sum of One thousand, one hundred and fifty three pounds [£1,153], in the said Writ of Scire Facias mentioned by Reason of the Premisses.

Judgem[en]t for the King, C.T.

================================

Document 4:

Devon, Trinity 7

Trinity Term in the Twenty fifth and Twenty Sixth years of the Reign of King George the Second [Jun-July 1752].

A Judgment for the King ag[ains]t Daniel Bird for £1,153 on a scire facias.

Devon. Be it Remembered that the Writ of his present Majesty King George the Second, by Command of the Barons of the Court of Exchequer, issued under the Seal of the said Court in the following Words:
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth. To the Sheriff of the County of Devon, Greeting.

Whereas Thomas Benson Esquire of Northam in the County of Devon, merchant, Daniel Bird of Bideford in the said County, mariner, and Daniel Pettigrew, known Servant or Agent to the said Thomas Benson, by their Bond Sealed with their Seals, bearing Date the Thirteenth Day of November in the Twenty Fourth year of our Reign [1750], are jointly and severally bound to us in the Sum of One thousand, One hundred and fifty three pounds [£1,153] of good and lawful Money of Great Britain, payable at a certain Day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being desirous to be satisfied the said Sum of One thousand, One hundred and Fifty three pounds [£1,153] now due to us, with all the Speed we can (as is just), Command that you omit, not by Reason of any Liberty, but that you enter the Same and by Good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, Daniel Bird and Daniel Pettigrew, that they appear before the Barons of our Exchequer at Westminster on the Twenty Ninth Day of May Instant [1752], to show Cause and declare if they have, or know of, anything to say for themselves why we should not have Execution against them for the said Sum of One thousand, One hundred and Fifty three pounds [£1,153].

And that you then have there the Names of those Persons by whom such Notice shall be given to them, together with this our Writ.

Witness Sir Thomas Parker, Knight, at Westminster, the Eleventh Day of May in the Twenty Fifth year of our Reign [1752], By the Bond aforesaid, And by the Barons Masham. And at the said Twenty Ninth Day of May [1752], the Sheriff, to wit George Fursdon Esquire, returned here the said Writ thus indorsed:

By virtue of this Writ to me directed, I do hereby certify that by Philip Sydenham and John Doe, good and lawfull Men of my Bailiwick, I have given Notice to the within named Thomas Benson, that he be before the Barons within mentioned at the Day and Place within contained, to do as by the said Writ is required. And I do further certify that the within named Daniel Bird and Daniel Pettigrew have nothing in my Bailiwick whereby I can give Notice to them, or either of them, as I am within commanded. Nor are they, or is either of them, found in the same. The Answer of George Fursdon Esq Sheriff.

And the said Daniel Bird, though often and solemnly called and required to appear here in Court, did not come. Therefore it is commanded, the Sheriff as before by another Writ of his said Majesty, under the Seal of this Exchequer bearing Date the Twenty Eighth Day of November [1750?], that he should not omit by Reason of any Liberty, but that he should enter the same, and by good and lawful Men of his Bailiwick, give Notice to the said Daniel Bird, that he should appear before the Barons of the Exchequer of his said Majesty at Westminster on the Twenty third Day of January [1753], to show Cause and declare if he had, or knew of, anything to say for himself why we should not have Execution against him for the said Sum of One thousand, One hundred and fifty three Pounds [£1,153].

And that the said Sheriff should then have there the Names of those Persons by whom such Notice should be given to him together with the said Writ.

At which Day the said Sheriff, to wit, the said George Fursdon Esquire returned here the said Writ thus indowed to wit:

By virtue of this Writ to me directed, I do hereby certify that by Philip Sydenham and John Doe, good and lawfull Men of my Bailiwick, I have given Notice to the within named Daniel Bird, that he be before the Barons within mentioned at the Day and Place within contained, to do as by the said Writ is required. The Answer of George Fursdon Esquire Sheriff.

As is contained in the said several Writs and the Returns thereon, which are on the File of Writs executed for his said Majesty in the Twenty Sixth year of his Reign [1753], on the Part of the King's Remembrancer, At which [blotted] Twenty third Day of January [1753], the said Daniel Bird appeared here in Court, by Adam Martin his Attorney, and prayed Oyer of the said Writs of Scire Facias and the Returns thereon. Which being read and by him heard and understood.

Because he is not fully advised to answer at present in the Premisses, prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Daniel Bird, in the same Condition as he now is, till Fryday the Ninth Day of February [1753]. At which Day the said Daniel Bird came here as before, and alleged nothing why his said Majesty should not have Execution against him for the said Sum of One thousand, One hundred and Fifty three pounds [£1,153] due as aforesaid, but made Default. 

Whereupon the Premisses being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Daniel Bird for the said Sum of One thousand, One hundred and Fifty three pounds [£1,153] in the said Writs of Scire Facias mentioned, by Reason of the Premisses.

Judgement for the King, C.J.

==================================

Document 5:

Devon, Trinity 8

More Common Matters of Trinity Term in the Twenty fifth and Twenty sixth years of the Reign of King George the Second. [Jun-July 1752]

Judgment for the King ag[ains]t Thomas Benson & Daniel Pettigrew for £1,660 on a scire facias, they relinquishing their Plea.

Devon. Be it Remembered that the Writ of our present Sovereign Lord the King, under the Seal of the Excheq[ue]r, by Consideration of the Barons, here issued hence in the following words to wit:

George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, &c. To the Sheriff of the County of Devon, Greeting.

Whereas Thomas Benson of Northam in the County of Devon, merchant, and Dan[ie]l Bird of Biddeford in the s[ai]d County, mariner, and Dan[ie]l Pettigrew, known Serv[an]t or Agent to the s[ai]d Thomas Benson, by their Bond Sealed with their Seals, bearing Date the first day of November in the Twenty fourth year of our Reign [1750], are Joyntly & severally bound to us in the Sume of One thous[an]d Six hundred and sixty pounds [£1,660] of good and Lawfull Money of Great Britain, payable at a certain Day now past. And which Sume they have not as yet paid, or caused to be paid to us (as it is said).

And we being desirous to be satisfied the s[ai]d sume of One thousand, six hundred & sixty pounds [£1,660] now due to us, with all the speed we can is Just, Command that you Omit, not by reason of any Liberty, but that you enter the same, & by good & Lawfull Men of your Bailiwick, give Notice to the s[ai]d Thomas Benson, Daniel Bird & Daniel Pettigrew, that they appear before the Barons of our Exchequer at Westm[inste]r on the Twenty Ninth day of May Instant [1752], to Shew Cause and declare if they have, or know of, any thing to say for themselves why we should not have Execution against them for the said sume of One thousand, Six hundred and sixty pounds [£1,660].

And that you then have there the Names of those persons by whom such Notice shall be given to them, together with this our Writt.

Witness Sir Thomas Parker, Kn[igh]t, at Westm[inste]r, the Eleventh day of May in the Twenty fifth year of our Reign [1752], By the Bond af[oresai]d, And by the Barons Masham. At which day George Fursdon Esquire, Sheriff of the s[ai]d County of Devon, returned here the said writt Indorsed as follows:

By virtue of this writt to me directed, I do hereby Certify that by Philip Sydenham and John Doe, good & lawfull Men of my Bailiwick, I have given Notice to the within named Tho[ma]s Benson, that he be before the Barons within men[ti]oned at the day and place within Contained, to do as by the s[ai]d Writ is required. And I do further Certify that the within named Dan[ie]l Bird & Dan[ie]l Pettigrew have nothing in my Bailiwick whereby I can give Notice to them, or Either of them, as I am within commanded, nor are they, or is either of them, found in the same. The Answer of George Fursdon Esq Sheriff.

As by the s[ai]d Writt and return thereon, with[?] are on the file of writts Executed for his s[ai]d Ma[jes]ty of this Term for the County of Devon, in the office of his Ma[jes]tys Remembrancer more fully appears.

And now, that is to say, on the s[ai]d Twenty ninth day of May [1752] in this Term, Come here into Court the s[ai]d Thomas Benson & Dan[ie]l Pettigrew, in the s[ai]d writt of scire facias Named, by Richard Wood their atto[rney]. And they pray the hearing of the s[ai]d writt of Scire facias, and of the return of the same, and they are read to them. They also pray the hearing of the said Bond mentioned in the said writt of Scire facias, and of the Condition ~~~~~~[sic] of the s[ai]d Bond, and they are read to them in these words:

Know all men by these presents that we Thomas Benson of Northam in the County of Devon, merchant, Dan[ie]l Bird of Bideford in the s[ai]d County, mariner, and Dan[ie]l Pettigrew, known Serv[an]t or Agent to the s[ai]d Thomas Benson, are held and firmly bound unto our Sovereign Lord George the Second, by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith &c, in the Sume of one thous[an]d six hundred and sixty pounds [£1,660] of good & Lawfull Money of Great Britain, to be paid to Our s[ai]d Lord the King his heirs or successors.

To which payment well and truly to be made, we bind our Selves and Every of us Joyntly and Severally, for and in the whole, our heirs, Ex[ecut]ors and Adm[inistrat]ors, & Every of them firmly by these presents, Sealed with Our Seals, Dated this first day of November in the Twenty fourth year of the Reign [1750] of his s[ai]d Ma[jes]ty, and in the year of our Lord one thous[an]d seven hund[re]d & fifty [1750].

The Condition of this Obligation is Such that: if the above bounden Thomas Benson, Dan[ie]l Bird or Dan[ie]l Pettigrew, their heirs, Ex[ecut]ors adm[inistrat]ors & assigns, or any of them, do well and truly pay, or Cause to be paid, unto Mr Henry Bayntun, Coll[ecto]r of his Ma[jes]tys Customs at Barnstaple, or to the Coll[ecto]r of his Ma[jes]tys Customs there for the time being, for his Ma[jes]tys use, the Sume of Eight hundred and thirty pounds [£830] of Lawfull Money, on or before the nineteenth day of April, which shall be in the year of our Lord One thous[an]d seven hund[re]d & fifty two [1752], being for the Bondable Duty of thirty six thous[an]d pounds [36,000 lbs] of British plantation Tobacco, Imported in the Ship Nightingale, Dan[ie]l Bird master from Maryland, reported the nineteenth of September one thous[an]d seven hund[re]d and fifty [1750] at the port of Barnstaple, Then this present Obligation to be void and of none effect, or Else to be & remain in full force and Virtue. Which being read and heard, and by them understood.

Because they are not yet fully advised to Answer in the prem[is]es, they pray of the grace of the Court a day to be given to them, At which, & so forth. Which is granted them by the Court. And thereupon a Day is given here to the s[ai]d Tho[ma]s Benson & Dan[ie]l Pettigrew, in the same state wherein they now are, untill the Morrow of all Souls [03 Nov 1752 – see suffix note], at w[h]ich Day the s[ai]d Tho[ma]s Benson and Dan[ie]l Pettigrew Come here as before, and for the Reasons af[oresai]d, they have a further Day given to them in the same state wherein they now are, untill Tuesday the Seventh day of November [1752]. At which day the s[ai]d Thomas Benson & Dan[ie]l Pettigrew Came here as before, and they Complain that by Colour of the prem[is]es are greatly Vexed and Disquieted, and that not Justly, because protesting that their writt of Scire facias af[oresai]d And the return of the same, and the said Bond, and the Matter in the same Contained, are not Suff[icien]t to Charge the s[ai]d Thomas Benson & Dan[ie]l Pettigrew, or Either of them, with the s[ai]d Sume of One thousand, six hundred & sixty pounds [£1,660] Mentioned in the s[ai]d Bond and Writt of scire facias, or with any part thereof, to which they hold it Not Necessary, nor by the Law of the Land are they bound to Answer for plea.

Nevertheless the s[ai]d Thomas Benson and Dan[ie]l Pettigrew, Say that our s[ai]d Lord the King Ought Not to have Execution against them for the s[ai]d One thousand, and Six hundred & Sixty pounds [£1,660], or any part thereof, because they Say that the s[ai]d Thomas Benson did well and truly to pay unto the s[ai]d Mr Henry Bayntun, Coll[ecto]r of his Ma[jes]tys Customs in the s[ai]d Bond Named for his s[ai]d Ma[jes]tys use, the Sume of Eight hundred & thirty pounds [£830] of lawfull money, on the s[ai]d Nineteenth day of April in the s[ai]d year of our Lord one thousand, seven hund[re]d & fifty Two [1752], in the Condition of the s[ai]d Bond Mentioned, being for the Bondable Dutys of thirty Six thousand pounds [36,000 lbs] of British plantation Tobacco Imported in the Ship Nightingale, the s[ai]d Daniel Bird mas[te]r, from Maryland, Reported the s[ai]d Nineteenth September One thousand, seven hundred & fifty [1750] At the port of Barnstaple, according to the true Intent & Meaning of the s[ai]d Bond & Condition, to wit at Barnstaple af[oresai]d in the s[ai]d County of Devon.

And this the s[ai]d Thomas Benson & Dan[ie]l Pettigrew are ready to verify & prove as the Court pd[?].

Whereupon they pray Judgment, And that the s[ai]d Tho[ma]s Benson and Dan[ie]l Pettigrew, May be Acquitted & Discharged of the s[ai]d Sume of One thousand, six hundred & Sixty pounds [£1,660] in the s[ai]d writt of Scire facias Mentioned.

And that the s[ai]d Bond May be Cancelled & Delivered to the s[ai]d Thomas Benson and Dan[ie]l Pettigrew, And that the s[ai]d Tho[ma]s Benson and Dan[ie]l Pettigrew, as Concerning the prem[is]es, May be dismissed from this Court.

And Sir Dudley Ryder, Knight, Attorney General of our said Lord the King, who prosecutes for our said Lord the King in this Behalf, present here in Court the same Day, for our said Lord the King saith: That by any thing alledged by the said Thomas Benson and Daniel Pettigrew in their said Plea, Our said Lord the King ought not to be barr'd from having his Execution against the said Thomas Benson and Daniel Pettigrew, for the said Sum of One thousand, six hundred and Sixty Pounds [£1,660] in the said Writ mentioned, Because protesting that the said Plea, and the Matters therein contained, are insufficient in Law.

Yet the said Attorney General of our said Lord the King, for a Replication to the said Plea, Saith that the said Thomas Benson did not well and truly pay unto Mr Henry Bayntun, Collector of his Majesty's Customs, in the Plea of the said Thomas Benson and Daniel Pettigrew, named for his said Majesty's Use, the Sum of Eight hundred and Thirty Pounds [£830] of lawful Money, on the Nineteenth Day of April in the year of our Lord One thousand, Seven hundred and Fifty two [1752], in manner and form as the aforesaid Thomas Benson and Daniel Pettigrew have above in pleading alleged.

And this the same Attorney General prayeth that it may be inquired of, by the Country, And the said Thomas Benson & Dan[ie]l Pettigrew likewise. Therefore let an Inquisition be taken in the prem[is]es.

And the Court Commands the Sheriff of the County of Devon, that he should not Omit, and so forth, & Cause to Come here in Eight days from the Day of St Hillary [1st Feb – see suffix note], Twelve Good and Lawfull Men of the Body of the s[ai]d County of Devon, of whom & so forth, By whom & so forth, and who are not & so forth, to take Cognizance of the prem[is]es. And the same day is given unto the said Thomas Benson & Dan[ie]l Pettigrew, at w[hi]ch Day the s[ai]d Thomas Benson & Dan[ie]l Pettigrew come here as before. And the Sheriff did not return the s[ai]d writt, nor doth the Jurors Appear.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as & so forth, on the first day of February, And the same day is given unto the s[ai]d Thomas Benson and Dan[ie]l Pettigrew. At w[hi]ch Day the s[ai]d Thomas Benson & Dan[ie]l Pettigrew come here as before. And the Sheriff did not return the s[ai]d writ, nor doth the Jurors Appear.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as and so forth, on the Twelfth day of February, And the same day is given unto the s[ai]d Thomas Benson & Dan[ie]l Pettigrew. At which Day the s[ai]d Thomas Benson & Dan[ie]l Pettigrew Come here as before, and relinquish the Verifying of their plea, by them pleaded in the prem[is]es and of the Issue thereupon Joined to the Countrey, and say they have nothing to Offer why his Ma[jes]tys Sheriff not have Execution against them for the said Sume of One thousand, six hundred and Sixty pounds [£1,660], in the said writt of Scire facias Mentioned.

And upon this, Sir Dudley Ryder, Knight, Attorney General of our said Lord the King, prays Judgment in the Premises, Whereupon the Premises being seen by the Barons here, and mature Deliberation thereupon had by them, It is Adjudged by the said Barons that our said Lord the King have execution against them, the said Thomas Benson and Daniel Pettigrew, for the said Sum of One thousand, six hundred and Sixty Pounds [£1,660], in the said Writ of Scire Facias mentioned by Reason of the Premises.

Judgement for the King, C.T.

=============================

Document 6:

Devon, Michaelmas 7

More Common Matters of Mich[aelm]as Term in the Twenty Sixth year of the Reign of King George the Second. [Oct-Dec 1752]

A Judgment for the King ag[ains]t Thomas Benson, John Lancey & Dan[ie]l Pettigrew for £2,877 on a Scire Fac[ias] on their relinquishing their plea.

Devon. Be it remembered that the Writt of our Sovereign Lord the King, under the Seal of this Exchequer, by the Consideration of the Barons here, issued in the Words following, towit:
George the Second by the Grace of God of Great Britain, France & Ireland, King Defender of the Faith &c. To the Sheriff of the County of Devon, Greeting.

Whereas Thomas Benson merchant, & John Lancey mariner, and Dan[ie]l Pettigrew, known Servant or agent to the s[ai]d Thomas Benson, all of Northam in the County of Devon, by their Bond Sealed with their Seals, bearing Date the Sixth Day of December in the Twenty Fourth year of our Reign [1750], are jointly and Severally bound to us in the Sume of Two thousand, Eight hundred & Seventy Seven pounds [£2,877] of good & Lawfull Money of Great Britain, payable at a certain Day now past. Which Sume they have Not as yet paid, or caused to be paid to us, as it is sayd.

And we being Desireous to be satisfied the s[ai]d Sum of Two thousand, Eight hundred & Seventy Seven pounds [£2,877] now due to us, with all the Speed we can as is Just, Command you that you omit, not by Reason of any Liberty, but that you Enter the same, & by good and Lawfull Men of your Bailiwick, give Notice to the s[ai]d Tho[ma]s Benson, Jno Lancey & Dan[ie]l Pettigrew, that they appear before the Barons of our Exchequer at Westm[inst]er on the Sixth day of November Next Coming [1752], to Shew Cause & Declare if they have, or know of, any thing to say for themselves why we should not have Execution against them for the s[ai]d sume of Two thousand, Eight hundred & Seventy Seven pounds [£2,877].

And that you then have there the Names of those P[er]sons by whom such Notice shall be given to them, together with this Our Writ.

Witness Sir Thomas Parker, Kn[igh]t, at Westm[inste]r, the Seventeenth day of June in the Twenty Sixth year of our Reign [1753], By the Bond afores[ai]d, & by the Barons Masham. At which Day the Sheriff of the s[ai]d County of Devon, returned here the s[ai]d Writt Indorsed as follows:

By Vertue of this Writt to me Directed, I do hereby Certify that by Philip Sydenham & Jno Doe, good and Lawfull Men of my Bailiwick, I have given Notice to the within named Th[om]as Benson & Dan[ie]l Pettigrew, that they be before the Barons within Mentioned at the day & place within Contained, to be as by the s[ai]d writt is Required. And I do further Certify that the within Named Jno Lancey hath Nothing in my Bailiwick whereby I can give Notice to him, as I am within Commanded. Nor is he found in the same. The Answer of George Fursdon Esq Sheriff.

As by the s[ai]d writt & return thereof, which are on the File of Writts executed for our said Lord the King, of this Term, for the County of Devon, in the Office of his Majesty's Rem[embrance]r more fully appears.

And now towit, at the s[ai]d Sixth day of November in this Term, Come here the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew, in the s[ai]d writt of Scire facias named, by Rich[ar]d Wood their Atto[rney]. And pray the hearing of the s[ai]d writt of Scire facias, And of the Return of the same. And they are read to them. They also pray the hearing of the s[ai]d Bond Mentioned in the s[ai]d writt of Scire facias, And of the Condition of the s[ai]d Bond, And they are read to them in these words:

Know all men by their presents, that we Thomas Benson, merchant, and Jno Lancey, mariner, And Dan[ie]l Pettigrew, known Serv[an]t or Agent to the s[ai]d Thomas Benson, all of Northam in the County of Devon, are held and firmly bound unto our Soverign Lord George the Second by the Grace of God of Great Britain, France & Ireland, King Defender of the Faith & so forth, in the Sume of Two thousand, Eight hundred & Seventy Seven pounds [£2,877] of good & Lawfull Money of Great Britain, to be paid to our s[ai]d Lord the King, his heirs or Successors.

To which paym[en]t well and truly to be made, we bind Our Selves and Every of us Joyntly and Severally, for and in the whole, our Heirs, Ex[ecu]tors & Adm[inistra]tors, and Every of them firmly by these presents, Sealed with Our Seals, Dated the Sixth day of December in the Twenty fourth year of the reign [1750] of his s[ai]d Ma[jes]ty, And in the year of our Lord One thousand, Seven hundred and fifty [1750].

The Condition of this Obligation is Such that: if the above Bounden Tho[ma]s Benson, Jno Lancey or Dan[ie]l Pettigrew, their heirs, Ex[ecu]tors Adm[inistra]tors & Assigns, or any of them, do well and truly pay, or Cause to be paid, unto Mr Henry Bayntun, Coll[ecto]r of his Ma[jes]tys Customs at Barnstaple, or to the Coll[ecto]r of his Ma[jes]tys Customs there for the time being, for his s[ai]d Ma[jes]tys Use, the Sume of One thousand, four hund[re]d and thirty Eight pounds, thirteen shill[ing]s and four pence [£1,438.13s.4d] of Lawfull Money, on or before the Sixth day of June [1752], Which Shall be in the year of our Lord one thous[an]d Seven hund[re]d & fifty Two [1752], being for the Bondable Dutys of Sixty Two thous[an]d four hund[re]d pounds [62,400 lbs] of British Plantation tobacco, Imported in the Ship, Brittania John Lancey mas[te]r, from Maryland, reported the Sixteenth Nov[embe]r 1750 at the s[ai]d Port of Barnstaple, Then this present Obligation to be void and of none Effect, or Else to be & remain in full force & Virtue.

Which being read & heard, & by them understood, they Complain that they by Colour of the prem[ise]s are greatly vexed and Disquieted, And that not Justly, because protesting that the writt of Scire facias af[oresai]d And the return of the same, And the s[ai]d Bond, and the Matter in the same Contained, are not Suff[icen]t in Law to charge the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew, or Either of them, with the s[ai]d sume of Two thousand, Eight hundred and Seventy Seven pounds [£2,877] Mentioned in the s[ai]d Bond & writt of Scire facias, or with any part thereof, Towit they hold it not Necessary, nor by the Law of the Land are they bound to Answer for the plea.

Nevertheless the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew, say that our s[ai]d Lord the King Ought Not to have Exe[cut]ion ag[ains]t them for the s[ai]d Two thous[an]d Eight hund[re]d & Seventy Seven pounds [£2,877], or any part thereof, Because they Say that the s[ai]d Thomas Benson did well & truly pay unto the s[ai]d Henry Bayntun, Coll[ecto]r of his Ma[jes]tys Customs in the s[ai]d Bond Named for his s[ai]d Ma[jes]tys use, the s[ai]d sume of One thousand, four hundred & thirty eight pounds, thirteen shill[ing]s and four pence [£1,438.13s.4d] of Lawfull Money, on the s[ai]d Sixth day of June in the s[ai]d year of our Lord one thous[an]d Seven hund[re]d & fifty Two [1752], in the Condition of the s[ai]d Bond Mentioned, being for the Bondable Dutys of Sixty Two thousand, four hund[re]d pounds [62,400 lbs] of British plantation Tobacco Imported in the Ship Brittainia, the s[ai]d Jno Lancey mas[te]r, from Maryland, Reported the s[ai]d Sixteenth day of November 1750 at the port of Barnstaple, according to the true Intent & meaning of the s[ai]d Bond & Condition, to wit at Barnstaple af[oresai]d in the s[ai]d County of Devon.

And this the s[ai]d Tho[ma]s Benson, John Lancey & Daniel Pettigrew are ready to Verify & prove as the Court pd[?].

Whereupon they pray Judjm[en]t, And that the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew, May be Acquitted & Discharged of the s[ai]d sume of Two thous[an]d Eight hundred & Seventy Seven pounds [£2,877] in the s[ai]d writt of Scire facias mentioned.

And that the s[ai]d Bond May be Cancelled & Deb[ite]d to them, the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew, and that they, the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew, as Concerning the prem[is]es, May be Dismissed from this Court.

And Sir Dudley Ryder, Knight, Attorney General of our said Lord the King, who prosecutes for our said Lord the King in this behalf, present here in Court the same Day, for our said Lord the King saith: That by any thing alleged by the said Thomas Benson, John Lancey and Daniel Pettigrew in their said Plea, Our said Lord the King ought not to be barr'd from having his Execution against the said Thomas Benson, John Lancey and Daniel Pettigrew, for the said Sum of Two thousand, Eight hundred and Seventy Seven Pounds [£2,877] in the said Writ mentioned, Because protesting that the said Plea, and the Matters therein contained are insufficient in Law.

Yet the said Attorney General of our said Lord the King, for a Replication to the said Plea, Saith that the said Thomas Benson did not well and truly pay unto Mr Henry Bayntun, Collector of his Majesty's Customs, in the Plea of the said Thomas Benson, John Lancey and Daniel Pettigrew, named for his said Majesty's use, the Sum of One thousand, Four hundred and Thirty Eight Pounds, Thirteen Shillings and Four Pence [£1,438.13s.4d] of lawful Money, on the Sixth Day of June in the year of our Lord One thousand, Seven hundred and Fifty two [1752], in manner and form as they aforesaid Thomas Benson, John Lancey and Daniel Pettigrew have above pleading alleged.

And this the same Attorney General prayeth that it may be inquired of by the Country, And the s[ai]d Tho[ma]s Benson, John Lancey & Dan[ie]l Pettigrew likewise. Therefore Let an Inquisition be taken in the prem[is]es.

And the Court Commands the Sheriff of the County of Devon, that he should not Omit & so forth, and Cause to Come here in Eight days from the Day of St Hillary [1st Feb – see suffix note], Twelve good and Lawfull Men of the Body of the s[ai]d County of Devon, of whom & so forth, by Whom and so forth, and who are not & so forth, to take Cognizance of the prem[is]es. And the same Day is given unto the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew, At Which Day the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew Come here as before. And the Sheriff did not return the s[ai]d writt, nor doth the Jurors appeare.

Therefore the Court Commands the s[ai]d Sheriff, as before, so as and so forth, on the first day of February [1753], And the same day is given unto the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew. At which Day the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew Come here as before. And the Sheriff did Not return the s[ai]d writt, nor doth the Jurors appear.

Therefore the Court Commands the s[ai]d Sheriff, the same day is given unto the s[ai]d Thomas Benson, Jno Lancey & Dan[ie]l Pettigrew. At which Day the s[ai]d Thomas Benson, John Lancey & Dan[ie]l Pettigrew Come here as before and relinquish the Verifying of their plea, pleaded in the prem[is]es, and of the Issue thereupon Joined to the Countrey, And say they have Nothing to offer why his Ma[jes]ty should not have Execution ag[ains]t them for the said sume of Two thousand, Eight hundred & seventy seven pounds [£2,877], in the s[ai]d writt of Scire facias Mentioned.

And upon this, Sir Dudley Ryder, Knight, Attorney General of our said Lord the King, prays Judgment in the Premises, Whereupon the Premises being seen by the Barons here, and mature Deliberation thereupon had by them, It is Adjudged by the said Barons that our said Lord the King have Execution against them ,the said Thomas Benson, John Lancey and Daniel Pettigrew, for the said Sum of Two thousand, Eight hundred and Seventy Seven Pounds [£2,877], in the said Writ of Scire Facias mentioned by Reason of the Premisses.

Judgem[en]t for the King, C.T.

==================================

Document 7:

Middx, Easter 4

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second. [Apr-May 1753]

A Judgment for the King ag[ains]t Tho[ma]s Benson on a scire facias for £1,120.

Middx. Be it Remembered that his Majesty's Writ under the Seal of this Exchequer, by the Consideration of the Barons, here issued hence in these Words (to wit):
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the faith, and so forth. To the Sheriff of our County of Middlesex, Greeting.

Whereas Thomas Benson, merchant, Peter Marshall, mariner, both of Northam in the County of Devon, and John Lancy of the said Parish and County, mariner, by their Bond Sealed with their Seals, bearing Date the fourth day of December in the Twenty fifth year of our Reign [1751], are joyntly and Severally bound to us in the Sum of One Thousand, and one hundred and twenty Pounds [£1,120] of Good and Lawful Money of Great Britain, Payable at a Certain day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being desirous to be satisfied the said Sum of one thousand, one hundred and Twenty Pounds [£1,120] now due to us, with all the Speed we can (as is just), Com[m]and you that you omit, not be Reason of any Liberty, but that you Enter the same, and by Good and Lawfull Men of your Bailiwick, give Notice to the said Thomas Benson, that he appears before the Barons of our Exchequer at Westminster on the Fourth day of June next coming [1753], to shew Cause and Declare if he hath, or knows of, any thing to say for himself why we should not have Execution against him for the said Sum of One thousand, One hundred and Twenty Pounds [£1,120].

And that you then have there the Names of those Persons by whom such Notice shall be given to him, together with this our Writ.

Witness Sir Thomas Parker, Knight, at Westminster, the twenty fourth Day of May in the Twenty Sixth Year of our Reign [1753], By the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June [1753], Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex, returned here the Said Writ this Indorsed:

By Virtue of this Writ to be directed, by Benjamin Lane and James White, good and Lawful Men of my Bailiwick, I have given notice to the within named Thomas Benson, to appear before the Barons of the Kings Exchequer at the day and Place within mentioned, to Shew Cause as by this Writ he is Required, as I am within Commanded. The Answer of Charles Asgill, Knight, Richard Glyn, Knight Sherrif.

As by the said writt & return thereof, which are on the File of writs executed for his said Majesty of this Term, for the County of Middx, as the office of his Majesty’s remembrancer more fully appears. And afterwards, to wit on the said Fourth Day of June [1753], the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and prayed Oyer of the said Writ of Scire Facias and the Return thereon. Which being read, and by him heard and understood.

Because he is not fully advised to answer at present in the Premisses, Prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, until the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At which Day the said Thomas Benson came here as before, And for the Reason aforesaid he hath a further Day given him, until Wednesday the Twenty Seventh Day of June [1753], at which Day the said Thomas Benson came here as before, and alleged nothing why his said Majesty should not have Execution against him for the said Sum of One thousand, One hundred and Twenty Pounds [£1,120] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of One thousand, One hundred and Twenty Pounds [£120] in the said Writ of Scire Facias mentioned, by a Reason of the Premises.

Judgement for the King, C.T.

=============================

Document 8:

Middx, Easter 7

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second [Apr-May 1753].

A judgement for the King ag[ains]t Thomas Benson for £269 on a scire facias.

Middx. Be it Remembered that his Majesty's Writ under the Seal of this Exchequer, by the Consideration of the Barons, here issued hence in these words (to wit):
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth. To the Sherriff of our County of Middlesex, Greeting.

Whereas Thomas Benson, merchant, Peter Marshall, mariner, and Daniel Pettigrew, known Servant to the said Thomas Benson, all of Northam in the County of Devon, by their Bond Sealed with their Seals, bearing Date the fourth Day of February in the Twenty fifth year of our Reign [1751/2], are jointly and Severally bound to us in the Sum of Two hundred and Sixty Nine pounds [£269] of Good and Lawful Money of Great Britain, payable at a Certain Day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being desirous to be satisfied the said Sum of Two hundred and Sixty Nine pounds [£269] now due to us, with all the Speed we can (as is just), Command you that you omit, not by reason of any Liberty, but that you enter the Same and by Good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, that he appears before the Barons of our Exchequer at Westminster on the Fourth day of June Next coming [1753], to Shew cause and declare if he hath, or knows of, any thing to say for himself why we should not have Execution against him for the said Sum of Two hundred and Sixty Nine pounds [£269].

And that you then have there the Names of those Persons by whom such Notice Shall be given to him, together with this our Writ.

Witness: Sir Thomas Parker, Knight, at Westminster, the Twenty Fourth Day of May in the Twenty Sixth year of our Reign [1753], by the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex returned here the said Writ thus indorsed:

By Vertue of this Writ to me directed, by Benjamin Lane and James White, good and Lawful Men of my Bailiwick, I have given Notice to the within named Thomas Benson to appear before the Barons of the Kings Exchequer at the Day and Place within mentioned, to shew Cause as by this Writ he is Required as I am within Commanded. The answer of Charles Asgill Knight, Richard Glyn Knight Sheriff.

As by the said Writ and Return thereof, which are on the File of Writs executed for his said Majesty of this Term, For the County of Middx, in the Office of his Majesty's Remembran[cer] more fully appears.

And afterwards, to wit on the Said Fourth Day of June [1753], the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and Prayed Oyer of the said Writ of Scire Facias and the Return thereon. Which being read and by him heard and understood.

Because he is not fully advised to answer at present in the Premises, Prays Leave of the Court that a Day may be given him when, and so forth. Which is Granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, untill the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At which Day the said Thomas Benson came here as before, and for the Reason aforesaid, he hath a further Day given him untill Wednesday the Twenty Seventh Day of June [1753], at which Day the said Thomas Benson came here as before, and Alleged nothing why his said Majesty should not have Execution against him for the said Sum of Two hundred and Sixty Nine Pounds [£269] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons, and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of Two hundred and Sixty Nine Pounds [£269] in the said Writ of Scire Facias, mentioned by Reason of the Premises.

Judgem[en]t for the King, C.T.

=================================

Document 9:

Middx, Easter 8

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second [Apr-May 1753].

A Judgment for the King against Thomas Benson for £1,120 on a Scire Facias.

Middx. Be it remembered that his Majestys Writ under the Seal of this Exchequer, by the Consideration of the Barons, here issued hence in these words (to wit):

George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the faith, and so forth, To the Sherriff of our County of Middlesex, Greeting.

Whereas Thomas Benson of Northam in the County of Devon, merchant, and Peter Marshall of the same Place, mariner, and Daniel Pettigrew of the same Place, known Servant to Thomas Benson Esquire, by their Bond Sealed with their Seals, bearing Date the Ninth Day of January in the Twenty Fifth year of our Reign [1751/2], are Jointly and Severally Bound to us in the Sum of One Thousand, One hundred and Twenty One Pounds [£1,121] of Good and Lawful Money of Great Britain, payable at a certain Day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being Desirous to be Satisfyed the said Sum of One thousand, One hundred and Twenty One Pounds [£1,121] now due to us, with all the Speed we can (as is just), Command you that you omit, not by reason of any Liberty, but that you Enter the Same, and by Good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, that he Appears before the Barons of our Exchequer at Westminster on the Fourth Day of June next coming [1753], to Shew Cause and Declare if he hath, or knows of, any thing to say for himself why we should not have Execution against him for the sain [sic] Sum of One thousand, One hundred and Twenty One Pounds [£1,121].

And that you then have there the Names of those Persons by whom such Notice Shall be Given to him, together with this our Writ.

Witness: Sir Thomas Parker, Knight, at Westminster, the Twenty Fourth day of May in the Twenty Sixth year of our Reign [1753], by the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June [1753], Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex, returned here the said Writ thus Indorsed:

By Vertue of this Writ to me directed by Benjamin Lane and James White, good and Lawful Men of my Bailiwick, I have given Notice to the within Named Thomas Benson, to appear before the Barons of the Kings Exchequer, at the Day and Place within mentioned, to Shew Cause as by this Writ he is Required, as I am within Commanded. The answer of Charles Asgill Knight, Richard Glyn Knight Sheriff.

As by the said Writ and Return thereof, which are on the File of Writs executed for his s[ai]d Majesty of this Term, For the County of Middx, in the Office of his Majesty's Remembran[cer] more fully appears.

And afterwards, to wit, on the said Fourth Day of June [1753], the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and Prayed Oyer of the said Writ of Scire Facias and the Return thereon. Which being read and by him heard and understood.

Because he is not fully advised to answer at present in the Premises, Prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, untill the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At which Day the said Thomas Benson came here as before, and for the reason aforesaid, he hath a further Day given him untill Wednesday the Twenty Seventh Day of June, at which Day the said Thomas Benson came here as before, and Alleged nothing why his said Majesty should not have Execution against him for the said Sum of One thousand, one hundred and Twenty One pounds [£1,121] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of One thousand, one hundred and Twenty One pounds [£1,121] in the said Writ of Scire Facias mentioned, by Reason of the Premises.

Judgem[en]t for the King, C.T.

========================================

Document 10:

Middx, Easter 9

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second. [Apr-May 1753]

A Judgment for the King ag[ains]t Thomas Benson for £130 on a Scire Facias.

Middx. Be it remembered that his Majestys Writ under the Seal of this Exchequer, by the Consideration of the Barons, here issued hence in these words (to wit):

George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the faith, and so forth. To the Sheriff of our County of Middlesex, Greeting.

Whereas Thomas Benson, merchant, Peter Marshall, mariner, and Daniel Pettigrew, known Servant to Thomas Benson, all of Northam, in the County of Devon, by their Bond Sealed with their Seals, bearing Date the Eighteenth Day of January in the Twenty Fifth year of our Reign [1751/2], are jointly and Severally bound to us in the Sum of One hundred and Thirty Pounds [£130] of Good and Lawful Money of Great Britain, payable at a certain Day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being Desireous to be satisfied the said Sum of One hundred and Thirty Pounds [£130] now due to us, with all the Speed we can (as is just), Command you that you omit, not by reason of any Liberty, but that you enter the Same, and by Good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, that he appears before the Barons of our Exchequer at Westminster on the Fourth Day of June next comeing [1753], to shew Cause and Declare if he hath, or knows of, any thing to say for himself why we should not have Execution against him for the said Sum of One hundred and Thirty Pounds [£130].

And that you then have there the Names of those Persons by whom such Notice Shall be Given to him, together with this our Writ.

Witness: Sir Thomas Parker, Knight, at Westminster, the Twenty Fourth day of May in the Twenty Sixth year of our Reign [1753], by the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June [1753], Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex, returned here the said Writ thus indorsed:

By Vertue of this Writ to me directed by Benjamin Lane and James White, good and Lawful Men of my Bailiwick, I have given Notice to the within Named Thomas Benson, to appear before the Barons of the Kings Exchequer at the Day and Place within mentioned, to Shew Cause as by this Writ he is Required, as I am within Commanded. The answer of Charles Asgill Knight, Richard Glyn Knight Sheriff.

As by the said Writ and Return thereof, which are on the File of Writs executed for his s[ai]d Majesty of this Term, For the County of Middx, in the Office of his Majesty's Remembran[cer] more fully appears.

And afterwards, to wit on the said Fourth Day of June [1753], the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and Prayed Oyer of the said Writ of Scire Facias and the return thereon. Which being read and by him heard and understood.

Because he is not fully advised to answer at Present in the Premises, Prays Leave of the Court that a Day may be given him when, and so forth. Which is Granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, untill the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At which Day the said Thomas Benson came here as before, And for the reason aforesaid, he hath a further Day given him, untill Wednesday the Twenty Seventh Day of June [1753], at which Day the said Thomas Benson came here as before, and Alleged nothing why his said Majesty should not have Execution against him for the said Sum of One hundred and Thirty Pounds [£130] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of One hundred and Thirty Pounds [£130] in the said Writ of Scire Facias mentioned, by Reason of the Premises.

Judgem[en]t for the King, C.T.

=========================================

Document 11:

Middx, Easter 10

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second [Apr-May 1753].

A Judgment for the King ag[ains]t Thomas Benson for £897 on a Scire Facias.

Middx. Be it remembered that his Majestys Writ under the Seal of this Exchequer by the Consideration of the Barons, here issued hence in these words (to wit):
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth. To the Sheriff of our County of Middlesex, Greeting.

Whereas Thomas Benson, merchant, Peter Marshall, and Daniel Pettigrew, known Servant or Agent to the said Thomas Benson, all of Northam in the County of Devon, by their Bond Sealed with their Seals, bearing Date the Eighteenth day of November in the Twenty Fifth year of our Reign [1751], are jointly and Severally bound to us in the Sum of Eight Hundred Ninety Seven Pounds [£897] of Good and Lawful Money of Great Britain, payable at a certain Day was past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being desireous to be satisfyed the said Sum of Eight Hundred, Ninety Seven Pounds [£897] now due to us, with all the Speed we can (as is just), Command you that you omit, not by reason of any Liberty, but that you enter the Same and by good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, that he appears before the Barons of our Exchequer at Westminster on the Fourth Day of June next coming, to shew Cause and declare if he hath, or knows of, any thing to say for himself why we should not have Execution against him for the said Sum of Eight hundred Ninety Seven Pounds [£897].

And that you then have there the Names of those Persons by whom such Notice Shall be Given to him, together with this our Writ.

Witness: Sir Thomas Parker, Knight, at Westminster, the Twenty Fourth day of May in the Twenty Sixth year of our Reign [1753], by the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June [1753] Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex, returned here the said Writ thus Indorsed:

By Vertue of this Writ to me, Directed by Benjamin Lane and James White, Good and Lawful Men of my Bailiwick, I have given Notice to the within Named Thomas Benson, to appear before the Barons of the Kings Exchequer at the day and Place within mentioned, to Shew Cause as by this Writ he is Required, as I am within Commanded. The answer of Charles Asgill Knight, Richard Glyn Knight, Sheriff.

As by the said Writ and Return thereof, which are on the File of Writs executed for his s[ai]d Majesty of this Term, For the County of Middx, in the Office of his Majesty's Remembran[cer] more fully appears.

And afterwards, to wit on the said Fourth day of June, the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and Prayed Oyer of the said Writ of Scire Facias and the Return thereon. Which being Read and by him heard and understood.

Because he is not fully advised to answer at present in the Premises, Prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, untill the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At Which Day the said Thomas Benson came here as before, and for the reason aforesaid, he hath a further Day given him, untill Wednesday the Twenty Seventh Day of June [1753], at which Day the said Thomas Benson came here as before, and Alleged nothing why his said Majesty should not have Execution against him for the said Sum of Eight Hundred Ninety Seven Pounds [£897] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of Eight hundred Ninety Seven Pounds [£897] in the said Writ of Scire Facias mentioned, by Reason of the Premises.

Judgem[en]t for the King, C.T.

==================================

Document 12:

Middx, Easter 11

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second. [Apr-May 1753]

A Judgment for the King ag[ains]t Thomas Benson for £225 on a Scire Facias.

Middx. Be it remembered that his Majestys Writ under the Seal of this Exchequer, by the Consideration of the Barons, here Issued out hence in these words (to wit):
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth. To the Sheriff of our County of Middlesex, Greeting.

Whereas Thomas Benson of Northam in the County of Devon, merchant, and Peter Marshall of the same Place, mariner, and Daniel Pettigrew of the sam[e] Place, known Servant to the said Thomas Benson Esquire, by their Bond Sealed with their Seals, bearing Date the Ninth day of January in the Twenty Fifth year of our Reign [1751/2], are jointly and Severally Bound to us in the Sum of Two hundred and Twenty Five Pounds [£225] of Good and Lawful Money of Great Britain, payable at a certain day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being desireous to be satisfied the said Sum of Two hundred and Twenty Five Pounds [£225] now due to us, with all the Speed we can (as is just), Command you that you omit, not by reason of any Liberty, but that you enter the Same, and by Good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, that he appears before the Barons of our Exchequer at Westminster on the Fourth Day of June next coming [1753], to shew Cause and declare if he hath, or knows, any thing to Say for himself why we should not have Execution against him for the said Sum of Two hundred and Twenty Five Pounds [£225].

And that you then have there the Names of those Persons by whom Such Notice Shall be given to him, together with this our Writ.

Witness: Sir Thomas Parker, Knight, at Westminster, the Twenty Fourth day of May in the Twenty Sixth year of our Reign [1753], by the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June [1753], Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex, returned here the said writ thus Indorsed:

By Vertue of this Writ to me Directed by Benjamin Lane and James White, Good and Lawful Men of my Bailiwick, I have given Notice to the within named Thomas Benson, to appear before the Barons of the Kings Exchequer at the day and Place within mentioned, to Shew Cause as by this Writ he is required, as I am within Commanded. The answer of Charles Asgill, Knight, Richard Glyn, Knight, Sheriff.

As by the said Writ and Return thereof, which are on the File of Writs executed for his said Majesty of this Term, for the County of Middx, in the Office of his Majesty's Remembrancer fully appears.

And afterwards, to wit on the said Fourth Day of June [1753], the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and Prayed Oyer of the said Writ of Scire Facias and the Return thereon. Which being read and by him heard and understood.

Because he is not fully advised to answer at present in the Premises, Prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, untill the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At which Day the said Thomas Benson came here as before, And for the Reason aforesaid, he hath a further Day given him, untill Wednesday the Twenty Seventh Day of June [1753], at which Day the said Thomas Benson came here as before, and Alleged nothing why his said Majesty should not have Execution against him for the said Sum of Two hundred and Twenty Five Pounds [£225] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and Mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of Two hundred and Twenty Five Pounds [£225] in the said Writ of Scire Facias mentioned, by Reason of the Premises.

Judgem[en]t for the King, C.T.

==============================

Document 13:

Middx, Easter 12

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second [Apr-May 1753].

A Judgment for the King ag[ains]t Thomas Benson for £553 on a Scire Facias.

Middx. Be it remembered that his Majestys Writ under the Seal of this Exchequer, by the Consideration of the Barons here, issued out hence in these Words (to wit):
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth. To the Sheriff of our County of Middlesex, Greeting.

Whereas Thomas Benson, merchant, and Peter Marshall, mariner, both of Northam in the County of Devon, by their Bond Sealed with their Seals, bearing Date the Ninth day of October in the Twenty Fifth year of our Reign [1751], are jointly and Severally bound to us in the Sum of Five hundred Fifty Three Pounds [£553] of Good and Lawful Money of Great Britain, payable at a Certain Day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being desireous to be satisfied the said Sum of Five hundred Fifty three Pounds [£553] now due to us, with all the Speed we can (as is just), Command you that you omit, not by reason of any Liberty, but that you Enter the Same, and by Good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, that he appears before the Barons of our Exchequer at Westminster on the fourth day of June next comeing [1753], to shew Cause and Declare if he hath, or knows, any thing to say for him self why we should not have Execution against him for the said Sum of Five hundred, Fifty three Pounds [£553].

And that you then have there the Names of those Persons by whom such Notice Shall be Given to him, together with this our Writ.

Witness Sir Thomas Park[er], Knight, at Westminster, the Ninth Day of May in the Twenty Sixth year of our Reign [1753], by the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June, Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex, Returned here the said Writ thus Indorsed:

By Vertue of this Writ to me Directed by Benjamin Lane and James White, Good and Lawful Men of my Bailiwick, I have given Notice to the within named Thomas Benson, to appear before the Barons of the Kings Exchequer at the Day and Place within mentioned, to Shew Cause as by this Writ he is required, as I am within Commanded. The answer of Charles Asgill, Knight, Richard Glyn, Knight, Sheriff.

As by the said Writ and Return thereof, which are on the File of Writs executed for his said Majesty of this Term, for the County of Middx, in the Office of his Majesty's Remembrancer fully appears.

And afterwards, to wit on the said Fourth Day of June [1753], the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and prayed Oyer of the said Writ of Scire Facias and the Return thereon. Which being read and by him heard and understood.

Because he is not fully advised to answer at present in the Premises, Prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, untill the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At which Day the said Thomas Benson came here as before, And for the Reason aforesaid, he hath a further Day given him, until Wednesday the Twenty Seventh Day of June [1753], at which Day the said Thomas Benson came here as before, and Alleged nothing why his said Majesty should not have Execution against him for the said Sum of Five hundred Fifty three Pounds [£553] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of Five hundred Fifty three Pounds [£553] in the said Writ of Scire Facias mentioned, by Reason of the Premises.

Judgem[en]t for the King, C.T.

================================

Document 14:

Middx, Easter 13

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second [Apr-May 1753].

A Judgment for the King ag[ains]t Thomas Benson for £179 on a Scire Facias.

Middx. Be it remembred that his Majestys Writ under the Seal of this Exchequer, by the Consideration of the Barons, here issued hence in these Words (to wit):
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth. To the Sheriff of our County of Middlesex, Greeting.

Whereas Thomas Benson, merchant, Peter Marshall, mariner, and Daniel Pettigrew, known Servant to the said Thomas Benson, all of Northam in the County of Devon, by their Bond Sealed with their Seals, bearing Date the Twenty Second Day of October in the Twenty Fifth year of our Reign [1751], are jointly and Severally bound to us in the Sum of One hundred and Seventy Nine Pounds [£179] of Good and Lawfull Money of Great Britain, payable at a certain day now past. And which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being Desireous to be Satisfied the said Sum of One hundred and Seventy Nine Pounds [£179] now due to us, with all the Speed we can (as is just), Command you that you omit, not by reason of any Liberty, but that you Enter the Same, and by Good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, that he appears before the Barons of our Exchequer at Westminster on the Fourth day of June next coming, to shew Cause and declare if he hath, or knows anything, to say for himself why we should not have Execution against him for the said Sum of One hundred and Seventy Nine Pounds [£179].

And that you then have there the Names of those Persons by whom Such Notice Shall be given to him, together with this our Writ.

Witness: Sir Thomas Parker, Knight, at Westminster, the Ninth Day of May in the Twenty Sixth year of our Reign [1753], by the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex, returned here the said Writ thus Indorsed:

By Vertue of this Writ to me Directed by Benjamin Lane and James White, Good and Lawful Men of my Bailiwick, I have given Notice to the within named Thomas Benson, to appear before the Barons of the Kings Exchequer at the Day and Place within mentioned, to Shew Cause as by this Writ he is required, as I am within Commanded. The answer of Charles Asgill, Knight, Richard Glyn, Knight, Sheriff.

As by the said Writ and Return thereof, which are on the File of Writs executed for his said Majesty of this Term, for the County of Middx, in the Office of his Majesty's Remembrancer fully appears.

And afterwards, to wit on the said Fourth Day of June [1753], the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and Prayed Oyer of the said Writ of Scire Facias and the return thereon. Which being read and by him heard and understood.

Because he is not fully advised to answer at Present in the Premises, Prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, until the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At which Day the said Thomas Benson came here as before, and for the reason aforesaid, he hath a further Day given him, untill Wednesday the Twenty Seventh Day of June [1753], at Which Day the said Thomas Benson came here as before, and Alleged Nothing why his said Majesty should not have Execution against him for the said Sum of One hundred and Seventy Nine Pounds [£179] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of One hundred and Seventy Nine Pounds [£179] in the said Writ of Scire Facias mentioned, by Reason of the Premises.

Judgem[en]t for the King, C.T.

==============================

Document 15:

Middx, Easter 14

More Common Matters of Easter Term in the Twenty Sixth year of the Reign of King George the Second [Apr-May 1753].

A Judgment for the King ag[ains]t Thomas Benson for £1,694 on a Scire Facias.

Middx. Be it remembered that his Majestys Writ under the Seal of this Exchequer, by the Consideration of the Barons, here issued hence in these Words (to wit):
George the Second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, and so forth. To the Sheriff of our County of Middlesex, Greeting.

Whereas Thomas Benson, merchant, Peter Marshall, mariner, and Daniel Pettigrew, known Servant to the said Thomas Benson, all of Northam in the County of Devon, by their Bond Sealed with their Seals, bearing Date the Eleventh Day of November in the Twenty Fifth year of our Reign [1751], are jointly and Severally bound to us in the Sum of One thousand, Six hundred and Ninety Four Pounds [£1,694] of Good and Lawfull Money of Great Britain, payable at a certain day now past, and which Sum they have not as yet paid, or caused to be paid to us (as it is said).

And we being Desireous to be Satisfied the said Sum of One Thousand, Six hundred and Ninety Four Pounds [£1,694] now due to us, with all the Speed we can (as is just), Command you that you omit, not by reason of any Liberty, but that you Enter the Same, and by Good and Lawful Men of your Bailiwick, give Notice to the said Thomas Benson, that he appears before the Barons of our Exchequer at Westminster on the Fourth day of June next coming [1753], to shew Cause and declare if he hath, or knows of, any thing to say for himself why we should not have Execution against him for the said Sum of One Thousand, Six hundred and Ninety Four Pounds [£1,694].

And that you then have there the Names of those Persons by whom Such Notice Shall be given to him, together with this our Writ.

Witness: Sir Thomas Parker, Knight, at Westminster, the Twenty Fourth day of May in the Twenty Sixth year of our Reign [1753], by the Bond aforesaid, And by the Barons Masham. At which said Fourth day of June Charles Asgill, Knight, and Richard Glyn, Knight, Sheriff of the said County of Middlesex, returned here the said Writ thus Indorsed:

By Vertue of this Writ to me Directed by Benjamin Lane and James White, good and Lawful Men of my Bailiwick, I have given Notice to the within named Thomas Benson, to appear before the Barons of the Kings Exchequer at the day and Place within Mentioned, to Shew Cause as by this Writ he is required as I am within Commanded. The answer of Charles Asgill, Knight, Richard Glyn, Knight, Sheriff.

As by the said Writ and Return thereof, which are on the File of Writs executed for his said Majesty of this Term, for the County of Middx, in the Office of his Majesty's Remembrancer fully appears.

And afterwards, to wit on the said Fourth Day of June [1753], the said Thomas Benson appeared here in Court, by Adam Martin his Attorney, and Prayed Oyer of the said Writ of Scire Facias and the return thereon. Which being read and by him heard and understood.

Because he is not fully advised to answer at Present in the Premises, Prays Leave of the Court that a Day may be given him when, and so forth. Which is granted him by the Court. And thereupon Day is given here to the said Thomas Benson, in the same Condition as he now is, until the Morrow of the Holy Trinity [25th June 1753 - see suffix note]. At which Day the said Thomas Benson came here as before, And for the reason aforesaid, he hath a further Day given him, untill Wednesday the Twenty Seventh Day of June [1753], At Which Day the said Thomas Benson came here as before, and Alleged nothing why his said Majesty should not have Execution against him for the said Sum of One thousand, Six hundred and Ninety Four Pounds [£1,694] due as aforesaid, but made Default.

Whereupon the Premises being considered by the Barons and mature Deliberation thereupon had by them, It is Adjudged by the said Barons, that his said Majesty have Execution against the said Thomas Benson for the said Sum of One thousand, Six hundred and Ninety Four Pounds [£1,694] in the said Writ of Scire Facias mentioned, by Reason of the Premises.

Judgem[en]t for the King, C.T.

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Definitions and notes:

The four terms of the legal year are as below - these being the periods when the superior courts were formerly open.
•    Michaelmas term - October to December
•    Hilary term - January to April
•    Easter term - April to May
•    Trinity term - June to July

Eight Days from the Day of St Hillary: The Feast Day of St Hilary was on 13th January, so “eight days from the Day of St Hillary” would be 21st January. However, 1st February is often mentioned in these documents as the case date, and 21st January doesn't quite fit the transcribed narrative. Perhaps the missing 11 days due to the 1752 Julian to Gregorian calendar-change need to be added to 21st January? - in which case, this would nicely take us to 1st February.

Morrow of the Holy Trinity: Holy Trinity Day is variable, generally being on the Sunday following Pentecost (the 50th day after Easter). In 1753, Easter Sunday was on 22nd April, so 50 days on would be 11th June, making Pentecost Sunday the 17th June. Holy Trinity Sunday would then be 24th June, so the "Morrow of the Holy Trinity” should be 25th June.

Morrow of All Souls: All Souls Day was on 2nd November, so the "Morrow of All Souls" would be 3rd November.

A Protest (i.e. Protestation): A sworn declaration or affirmation.

Oyer and Terminer: A commission authorizing a judge to try indictments previously found at the same assizes for treason, felony, or misdemeanors. In old practice 'Oyer' meant Hearing; the hearing a deed read, which a party sued on a bond, etc, might pray or demand, and it was then read to him by the other party.

Prayed Oyer: In old practice 'Oyer' meant Hearing; the hearing a deed read, which a party sued on a bond, etc, might pray or demand, and it was then read to him by the other party.

Gaol Delivery: Under the commission of general gaol delivery, they may try and deliver every prisoner who is in gaol when the judges arrive at the circuit town, whenever or before whomsoever indicted, or for whatsoever crime committed. 

Scire facias: (Latin, meaning literally 'make known') was a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated.

Bailiwick: the area of jurisdiction of a bailiff, and once also applied to territories in which a privately appointed bailiff exercised the sheriff's functions under a royal or imperial writ.

Barons of the Exchequer: Judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (inferior) barons.

Sir Thomas Parker (1695–1784) was an English barrister and judge, Privy Counsellor and Lord Chief Baron of the Exchequer.  https://en.wikipedia.org/wiki/Thomas_Parker_(judge)

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