The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
About this Item
Title
The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author
Leonard, William.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,
1686.
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Subject terms
Law reports, digests, etc. -- England.
Law -- England -- Cases.
Link to this Item
http://name.umdl.umich.edu/A47718.0001.001
Cite this Item
"The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 7, 2024.
Pages
CCCV. Palmer and Smalbrook's Case. Hill. 31 Eliz. In the Kings Bench.
IN an Action upon the Case, The Plaintiff declared,* 1.1 That the Defendant had recovered a certain Debt against one A. and thereupon took forth a Capias against the said A. to Arrest his Body, and delivered the said Capias to the Plaintiff, being then Sheriff, and prayed a Warrant for the serving of the Capias, and that he would name to him one B. for a special Bayliff, and promi∣sed the Plaintiff, That if B. Arrested A. by force of the said Capi∣as, and suffered him to escape, that he would not sue him for the said escape; and further declared, That he made a Warrant according to the said Capias, and therein named and appointed the
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said B. his special Bailiff, who Arrested A. accordingly, and after∣wards suffered him to escape; and that the Defendant notwith∣standing his Promise aforesaid, sued the Plaintiff for the said escape, and it was found for the Plaintiff: And it was moved in stay of Iudgment, That that Promise was against the Law, to prevent the punishment inflicted by the Statute of 23 H. 8. upon the She∣riff, and that it is meerly within the said Statute, and so the Pro∣mise void. Cook, This is not any Bond or Promise taken of the Prisoner, nor of any for him; and therefore it is not within the Statute, and it was Davies Case: Wray, A Promise is within the Statute as well as a Bond. But the Statute doth not ex∣tend, but where the Bond or Promise is made by the Prisoner, or by some for him; And afterwards, Iudgment was given for the Plaintiff.