Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

The King and Place.

Trin 23 Car. Banc. Reg.

THe Case between the King and Place adjourned,* 1.1 Pasc. 23 Car. was a∣gain moved, which was this: Place was indicted before Finch and Crawley Iustices of Oyer and Terminer, for these words spoken against the Queen mother of France, viz. the Queen mother is the Whore of Ba∣bylon, and is a Whore, and hath had a Bastard, and all the Noblemen that will not ioyn with me against her, are Rogues and Rascalls. To this endictment the Defendant pleaded, and was found guilty by the Iury, and Iudgement given against him: Whereupon he brings his Writ of Error in this Court to reverse the Iudgement, and Assigns these Errors. 1. against the body of the Endictment it self, and that he ought not to be En∣dicted for the words, because they are neither spoken against the Common law nor against any Statute law. 2. Against the proceedings upon the Endictment, which were against law, being too speedy, for he was Endict∣ed before Iustices of Oyer and Terminer, and tryed in one day, whereas there ought to have been 15. days betwixt the preferring of the Endict∣ment, and the tryal. 3. The Venire is against law, for the Court did chuse try, and swore the Iury, which ought not to be. 4. Part of the Iudgement is, that the Defendant shall be bound to his good behaviour, which cannot be upon such an Endictment as was before them. 5. The Endictment doth not say, that the words were spoken contra pacem. 6. Part of the Iudgement is, that he shall be set upon the Pillory, and lose his cares, which no law warrants, but only to be set there to the view of the people,* 1.2 with a paper on his head. 7. The Iudgement is that he shall be imprisoned for a year without bail, which ought not to be. To this last exception the Court answered, the party might be so committed; But they said, that the Iustices of Oyer and Terminer cannot try an Endictment the

same day, nor Iustices of peace at the same Sessions in which it was pre∣ferred;* 1.3 and they cited one Barnabyes Case 13 Car. and Pridians Case, 6 Car. & 22 E. 4. et Plow. 44. But they said Iustices of Eyr, may try an Endict∣ment the same day; Roll Iustice said, the Kings Bench is a Court of Eyr in the County where it sits,* 1.4 and therefore they may try an endictment remo∣ved here out of the same County the same day, but not if it be removed hi∣ther out of another County, for in that case it is only a Court of Oyer and Terminer. But Bacon denied it, and said so was my Lord Cooks opini∣on, and it was also said that Iustices of Oyer and Terminer cannot pro∣ceed upon an Endictment which is not taken before themselves, but Iust∣cices of Gaol delivery may; and the Court also held, that the juratores electi tryati et jurati by the Court, as it must necessarily be here understood,* 1.5 was illegal, for the Iury ought to be electi by the Sheriff out of the County; and lastly the Court held, that legally there ought to have been 15 dayes between the Endictment, and the tryal, and for these reasons ordered to give notice to the Kings Sollicitour, or Serjeant, to shew cause why the Iudgement should not be reversed.

Notes

• * 1.1

  Error to re∣verse a Judg∣ment upon an Endict∣ment upon the Statute Scandalum Magnatum.
• * 1.2

  Imprisonment
• * 1.3

  Tryall.
• * 1.4

  Eyr.
• * 1.5

  Iury.