The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.
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Title
The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.
Author
England and Wales. Court of Chancery.
Publication
London :: printed by the assigns of Richard and Ed: Atkyns Esquires; for John Walthoe, and are to be sold at his shop in Vine-Court, Middle-Temple,
M DC XCIV. [1694]
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Subject terms
Law reports, digests, etc. -- England -- Early works to 1800.
Equity -- England -- Early works to 1800.
Cite this Item
"The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A58990.0001.001. University of Michigan Library Digital Collections. Accessed May 15, 2024.
Pages
descriptionPage 196
Raymond contra Paroch. Buttolphs Aldgate in Com. Midd. 32 Car. 2. fo. 517.
THe Plaintiff being one of the Kings Waiters in the Port of London, and yet used the Trade of a Common Brew∣er, and executed his said place by a Depu∣ty: The Defendants insist, He is not to be exempted from bearing the Office of Over∣seer of the poor in the Parish.
The Plaintiff insists, That the Kings Officers who serve his Majesty in Relation to his Revenue, ought to be exempted from Parish Offices, though they execu∣ted their places by Deputy, and use an other Trade, they being still liable to an∣swer any misdemeaner committed by their Deputies, and if their Deputies should be absent at any time, they are bound to ex∣ecute the same themselves, which often falls out, and Presidents of this Nature, have often been found, and hopes this Court will not take away any the privi∣ledges such Officers ought to enjoy in right of their Offices, and that a Superse∣deas of priviledge be allowed the Plaintiff, and his Writ of priviledge stand.
The Defendants insist, That the Plain∣tiff driving a Trade of a Common Brewer, and getting Money in the Parish, he ought to bear the Offices of the Parish,
descriptionPage 197
notwithstanding his said Office, and if any Priviledge were due, it ought to be granted by the Court of Exchequer, and not by this Court.
This Court declared, That the Kings Officers ought to have the benefit of their priviledge, and the execution thereof by a Deputy, nor his dealing in another Trade, should not in any sort be prejudi∣cial to him, he being to answer for any neglect or misdemeanour committed by his Deputy, for that it is not reasonable that the Kings Servants or Officers, should have nothing else to subsist on, but their immediate Services or Places under his Ma∣jesty, and take no other imployment on them; and although a priviledge of that nature be grantable in the Exchequer, a Writ of priviledge under the great Seal was, and ought to be taken in all res∣pects as effectual, and therefore allowed the Plaintiff his priviledge.