| 1466.015 |
1466 |
King's Bench |
Conspiracy |
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Bryan, Thomas Sjt Brian
Starkey, Humfrey Starkie
Jenney, William Sjt
Markham, John CJKB Mark
Jenney, William Sjt
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D., J., indicted defendant
C., R., indicted defendant
J., W., hypothetical defendant
R., J., hypothetical defendant
D., W., hypothetical defendant
at Stile, J., hypothetical defendant |
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Fitzherbert Briefe 159
Brooke Jointenants 33 (not Jointure), Recorde 57, Brief 358 (not 362), Conspiracie 32 (not 159, not in Fitzherbert), Maintenance 47 (not in Fitzherbert), Pledinges 124 (not in margin, mentioned in text of entry), Charter de pardon 45 (not in margin) |
9 Edw. 4, fol. 13 & 26
48 Edw. 3, fol. 12
14 Edw. 4, fol. 18
7 Hen. 4, fol. 20
36 Hen. (not Edw.) 6, fol. 6
17 Edw. 3, fol. 72 (twice)
9 Edw. 4, fol. 24
3 Edw. 3, Lib. Ass. pl. 4
7 Hen. 4, fol. 40
22 Edw. 4, fol. 7
32 Hen. 6, fol. 17
14 Hen. 4, fol. 33
36 Hen. 6, fol. 6
32 Hen. 6, fol. 36
29 Edw. 3, fol. 46 |
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| Brief de Conspiracy fuit sue en Bank le Roy, & l' un des defendant demande judgment de briefe, car il |
24 |
One of the defendants pleaded that plaintiff had supposed that defendants had conspired to indict plaintiff of a certain felony, that there was a record of the indictment in which plaintiff and two others were indicted of the felony, denying that there was any record of an indictment in which plaintiff alone was indicted of the felony.
Argument among Sjt Bryan, Starkey, Markham CJKB, and Sjt Jenney.
Then the writ was awarded good. |
| Starkey: nient obstant que ils fueront touts nosme en l' enditement, uncore chescun est endite severalment |
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Humfrey Starkey was an apprentice who was created Serjeant in June 1478 (Baker, Readers and Readings, pl. 65). |
Starkey argued for plaintiff's position; Sjt Bryan and Sjt Jenney argued for defendant's position
Sjt Bryan: it seems to me that the writ will be abated, because I put that I bring an action of Maintenance against W.J. (perhaps William Jenney), supposed that he had maintained one J.R. in an action which I brought against him (J.R.), where in fact I brought the action against him (J.R.) and W.D., in this case the writ abates, so here, etc.
Starkey: not similar, because in this case notwithstanding that they were all named in the indictment, yet each is indicted separately, and the plea of one (indicted defendant) will not give advantage to the other (indicted defendant), but in your case it is otherwise, etc.; and also it could be that you conspired to indict the plaintiff, and not to indict the others, and thus the writ is good
Sjt Jenney: it seems to me that the writ will abate, or otherwise grave mischief would ensue, because if the plaintiff will recover in this action, he can bring another (writ of) Conspiracy at another time, and if a recovery be pleaded in bar, it cannot be understood (entende) that this recovery was on the same indictment, and by this mischief it seems to me that the writ will abate, etc.
Markham CJKB: if a Certiorari be sent to the Justices of the Peace to put the indictment of J. at Stile, and perhaps in the indictment 20 others are indicted with him, yet the Justices do not want to say anything about the others, etc.; and also if 20 are indicted on an indictment, and then the king pardons one, etc., he does not want to rehearse the names of the others, etc., because notwithstanding that they are named jointly, yet they are indicted separately, etc.; and if two are obliged to me, and one is an infant (deins age) or a married woman (feme covert de baron), etc., and I bring an action against the other, and he pleads as it appears by the obligation that he (defendant) and another are obliged, etc. who was yet alive not named in the writ, I can reply (dire) that the other who was obliged with him was an infant (deins age) or a married woman (feme covert de baron), etc.,
Sjt Jenney: if two are obliged to me on an obligation, and one dies, and I bring an action against the other, I ought to show in my count (declaration) that he (the other obligor) is dead, etc.; query the distinction, |
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Brooke Jointenants 33 mentioned counsel 'Sterke' |
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Suit
Demand
Judgment
Supposition
Conspiring
Indictment
Certainty
Felony
Record
Record Of Indictment
Denial
Sans Ce
Sole (tantum)
Seeming
Abatement
Action
Maintenance (offence)
Action Of Maintenance
In Fact
Case
Dissimilarity
Similarity
Notwithstanding
Name
Naming
Separate (severalment)
Plea
Advantage
Giving Advantage
Otherwise
Conspiracy To Indict
Good Writ
Ensue
Mischief
Recovery
Pleading
Bar
Pleading In Bar
Understanding
Certiorari
Sending (maunde)
Justice Of The Peace
Peace
Perhaps (peraventure)
Speaking (parle)
Pardon
King
Rehearsal
Jointly Named
Obligation
Infancy
Infant
Within Age
Married Woman
Feme Covert
Husband
Feme Covert De Baron
Appearance
Life
Full Life
Not Named
Death (devy)
Showing
Declaration
Query
Distinction (diversitatem)
Award |
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