Reports in the Court of Exchequer, beginning in the third, and ending in the ninth year of the raign of the late King James by the Honourable Richard Lane ... ; being the first collections in that court hitherto extant ; containing severall cases of informations upon intrusion, touching the King's prerogative, revenue and government, with divers incident resolutions of publique concernment in points of law ; with two exact alphabeticall tables, the one of the names of the cases, the other of the principall matters contained in this book.

Bently and others, against Leigh in Trespas Hill. 45. Eliz. Rot. 1231. Trin. 7. Jac. in the Exchequer.

TPe Iudges affirmed a Iudgement this Term, between Leigh Plantiffe in a writ of Error, and one Bentley, and others Defendants, and the mat∣ter assigned for Error was, because the Trespass was brought in the year 45. Eliz. for a Trespass made in the 42. Eliz. and the judgement upon the verdict was a∣gainst the Defendant, and the Margent of the Roll it was entred: quod Defen∣dens capiatur, where it ought to be pardonatur (as he pretended) for the gene∣ral pardon, which was in 43. Eliz. had pardoned the fine to the King for the Tres∣pass, and this is a thing whereof the Iudges ought to take notice, as it was said by Damport, who was of Councel with the Plantiffe in the Error, for this word capiatur is of course entred in the Roll, for the Kings fine which is due by him who is convicted of Trespass, as it appears by Cook lib. 3. in Sir William Harberts case, and in this case the fine was pardoned, therefore pardonatur ought to be entred, as it was in Vaughans case, Cook lib. 5. but the Iudges resolved, that of these general pardons they are not bound to take notice without pleading, for in regard there are divers exceptions in them, the partie ought to shew, that he is none of the parties excepted, as the Book is in—E. 4. but if they will, they may take notice thereof without pleading, as it seems by Vaughans case, and so said the Iudges in the Common Pleas this Term, and so here the judgement was affirmed.