| 1482.069 |
1482 |
King's Bench |
Appeal, Indictment |
Appeal
Judicium |
Fairfax, Guy JKB
Jenney, William JKB Genney
Huse, William CJKB Hussey le Chiefe Justice
Fairfax, Guy JKB
Jenney, William JKB Genney |
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| Brooke Addicions 60, Nonsuit 49 (not Atturn' 8) |
2 Ric. 3, fol. 2
9 Hen. 6, fol. 65 |
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| En Bank le Roy un appeal fuit sue sur un enditement, le proces continue tanques le |
9 |
Plaintiff sued an Appeal on an Indictment.
Process continued until defendant appeared by Cepi corpus.
Defendant (le partie) prayed hearing (oyer) of the Indictment.
(Defendant heard) that defendant was named a vagabond in the Indictment.
Defendant had hearing of the Appeal, which named defendant in the same form.
Fairfax JKB said that defendant's addition 'vagabond' was insufficient because defendant should have been named by a lawful addition.
Jenney JKB said that certainly Fairfax JKB spoke truly.
Because Huse CJKB was out of the Court, it was awarded by advice of Fairfax JKB and Jenney JKB, that defendant would be dismissed on the Indictment and also on the Appeal taken on the same Indictment |
Indictment: (D) fuit endite per le nosme de R. Fylding vacabond
Fairfax JKB: cest addicion n' est sufficient, Car il n' est addicion loial, ne ascun tiel addicion est done en ley, nient pluis que heretike ou extorcioner, ou tielx sembles, &c.; Et il covient que il ayt addicion que est loyal, pur ceo que appeal est tiel action lou proces d' utlagarie gist
A que Jenney JKB dit, certes vous dites veritie,
per que pur ceo que Huse CJKB fuit hors del Court, agarde fuit per avise Fairfax JKB & Jenney JKB, que le defendant serra dismisse sur l' enditement & auxi sur l' appeal prise sur mesme l' enditement,
quod nota |
Fairfax JKB: this addition is insufficient, because it is not a lawful addition, nor is any such addition given in law, no more than (naming a defendant) 'heretic' or 'extortioner', or suchlike, ,etc.; and it ought to be that he (defendant) have an addition that is lawful, because an Appeal is such an action where process of outlawry lies (oblique reference to statute of Additions, 1 Hen. 5 (1413), ch. 5)
to which Jenney JKB said, certainly you speak truly,
so because Huse CJKB was out of the Court, it was awarded by advice of Fairfax JKB and Jenney JKB, that the defendant would be dismissed on the Indictment and also on the Appeal taken on the same Indictment
which note |
Appeal
Suit
Indictment
On An Indictment
Process
Continuation
Appearance
Cepi Corpus
Party
Hearing (oyer)
Name
Vagabond
Form
Same Form
Addition
Insufficiency
Sufficiency
Lawfulness (loial)
Lawful Addition
In Law
Given In Law
Heretic
Extortioner
(Heresy)
(Extortion)
Suchlike
Outlawry
Process Of Outlawry
Laying (gist)
Certainty
Truth (veritie)
Chief Justice
Out Of Court
Absence
Award
Advice
Dismissal
Note |
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