Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

Trin. Term, 2 Car. In the Kings Bench. Sir William Buttons Case.

SIr William Button a Iustice of Peace brought an action for these words; Sir William Buttons men have stoln Sheep, and he spake to me that I should not prosecute them, and it seems that the action did not lye, because Sir William did not aver that he is a Iustice of Peace, and it doth not appear in what County the said Felony was done, 36 Eliz. One brought an action for these words; A. is a cosening fellow, and the greatest Pickpurse in Nor∣thamptonshire, and there is not a Purse picked within 40. miles of Northamp∣ton but he hath a hand in it, And the action did not lye because he did not a∣ver that there were Purses cut.

Jones Iustice put this case, One saith, that A. is as strong a Thief as any is in Warwick Gaol, he ought to aver that there is a Theef in Warwick Gaol, or otherwise they are not actionable.

Doderidge put this case, There is a nest of Theeves at Dale, and Sir Iohn Bridges is the maintainer of them, these are actionable, because it implies maintenance.

Note that it appeared upon a motion which the Attorney-generall made a∣gainst one Lane (who is a Recusant in Northamptonshire) that a Lease for years made by a Recusant of his own Lands after conviction, if it be Bona fide will bind the King, but if it be upon fraud and covin, then it will not; and Whitlock said, that it is a common course for Recusants to make Leases after their Indictment and before convi∣ction.

Notes

• Words, Sir William Buttons men have stoln Sheep, and be spake to me that I should not prosecute them.