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1455 |
Common Pleas, Exchequer Chamber |
Error |
Nota |
Prysot, John CJCP Prisot
the other Judges
the Judges of King's Bench |
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Fleet, Warden of |
KIng's Bench
Fleet prison |
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Fitzherbert Imprisonment 11
Brooke Executions 9 (not Executor) |
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| Nota, que home fuit pris per Capias ad satisfaciendum sur un record, & fuit or mis al' barre per un Vicount. |
7 |
Defendant was arrested (taken) on a Capias ad satisfaciendum on a record, and was now brought to the bar by a Sheriff.
It was alleged on behalf of the defendant that the defendant had a writ of Error in the same matter, returnable in King's Bench.
It was prayed (on behalf of defendant) that he be delivered and let go at large (dismissed).
Prysot CJCP and the other Judges said that they had conferred in Exchequer Chamber with the Judges of King's Bench on such matter, and they held clearly that the Court (Common Pleas) could not then deliver defendant, but when the writ of Error was brought, the Judges would send for defendant to the Warden of Fleet (prison).
The Court awarded defendant to Fleet (prison). |
Et sur cest fuit allege pur le defendant que il y ad un briefe d' Error in celle de meme la mater, retornable en Bank le Roy, xv Martini
Mes fuit dit per Prysot CJCP & les auters Juges, que ils avoient comon en l' Eschequer Chamber ove les Juges de Bank le Roy d' tiel matter, & ils tenoient clerement que nous ne poimus luy delivrer mes quant le brief d' Error est porte desuis (= above) lesses des Jug- mettre pur luy al' Garde del Fleet, purque il fuit agarde al' Fleet
Quod nota |
if a writ of Error had been brought before the award of the Capias ad satisfaciendum, in which he (the defendant) would go at large (be dismissed)
but it was said by Prysot CJCP |
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Jenkins 92 (2nd century, case 80), 145 Eng. Rep. 66: 34 H. 6,18. 19 H. 6, 43. 1 Keb. 12, pl. 27, 863. Carth. 29. 1 Mod. 28. 2 Keb. 508. Went. 30. Mar. 54. 3 Lev. 312, cont. A. has judgment in debt against B. and a capias ad satisfaciendum against him; B. is taken by force of it; the defendant's attorney informed the court that he had a writ of error in this case before the execution executed, which writ of error he had not with him at the time of the execution; B. was committed in execution, ut supra: for B. ought to have delivered the writ of error before the capias was awarded, or after it was awarded, and before execution to have a supersedeas. 3 Cr. 916, By the justices of both benches. Vigilantibus subserviunt jura. 22 H. 6. Fitz. Retorn de Viscount, 16. 31 El. 7 E. 4, 16. 2 H. 7, 19. Hob. 329. 34 H. 6, 18 and 45. 19 H. 6, 8. 10 H. 6, 6. 6 H. 7, 17. A. has a capias ad satisfaciendum against B. B. has a supersedeas to it in his pocket, B. is taken upon it by the sheriff, and immediately delivers the supersedeas to the sheriff; this shall discharge him from execution. Qu¾ fiunt in incontinenti, inesse videntur. [Jenkins-93] The Common Pleas, after execution awarded, and a writ of error delivered there before execution executed, may award a supersedeas. If an order or rule be made by the court, that execution shall not issue, or if judgment be entered before it be pronounced; although execution be executed; in these cases, it shall be set aside by a supersedeas quia improvide emanavit. If the plaintiff, in a writ of error, be nonsuit, or does not remove the record before the day of the return of the writ of error, or if there be too long a day between the teste and the return of the writ of error; no supersedeas shall avail in these cases, because of the manifest delay of justice. Justitia non est neganda, non differentia. |
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Note
Taking
Arrest (pris)
Capias
Capias Ad Satisfaciendum
Recovery
Record
Sheriff
Allegation
Matter
Return
King's Bench
Deliverance
Delivery
Dismissal
Letting (lesse)
At Large
Case
Award
Going At Large
Judge
Consultation
Common
Exchequer Chamber
Holding
Clarity
Sending (mettre)
Warden
Fleet
Prison |
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