1329.073 |
1329 |
King's Bench |
Conspiracy |
Conspir' |
Claver, John Sjt (for D)
Scrop, Geoffrey le CJKB
Claver, John Sjt |
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Fitzherbert Conspiracy 13
Brooke Bill 17
Brooke Conspiracy 25 |
same case shorter variant report 1329.172ass = 3 Edw. 3, Lib. Ass. 13, fol. 6 |
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Briefe de Conspiracy &c. p' celuy q' fuit endict de com'en trn's, & puis fuit acquite. Claver, |
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Scrop CJKB: le Ley voit q' en chescu' cas, ou home est endamage, q' home eit remedy sans aver regard al quantitie de dam'. |
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Scrop vacated the position of CJKB on 1 May 1329. |
A writ of Conspiracy etc. by one who was indicted of a common trespass and then was acquitted. The defendant argued that a writ of conspiracy was given only in a case where the party was indicted of felony, for which he would lose life or limb if he were attainted; judgment of the writ. Scrop CJKB said that the party was damaged by imprisonment, as well in the case of an indictment for trespass as for felony, save that he was not in such great peril in one case as in the other, and because there was lesser mischief, the Court were not advised to abate this writ, because the law said that in each case where one was damaged, one had a remedy without having regard to the quantity of the damage. The defendant said that he was not guilty; ready etc. |
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