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 ...

Fowke and Boyle.

Mich 1652. Banc. sup.

Trin. 1652. rot. 460.

THe Plaintif brought an Action upon the Case for selling unto him false Bills of publique faith to the value of 800 l. knowing them to be false,* 1.1 with an intent to deceive him: The Defendant demurs upon the Decla∣ration, And Babington of the Inner Temple offered these Exceptions to it. 1. That the Ordinance of Parliament for the bringing in of money & plate into Guild hall, and giving the Commissioners authority to give these bills to them that brought it in for re-payment thereof with interest at 8 l. per centum, per ••••num, was mis-recited; for it is said that the Ordinance was made by both Houses of Parliament, whereas it should be by the Lords and Commons in Parliament, for the Houses are the places where they sit, and can make no Ordinances, and he cited Mich. 13 Car. Tydalls

case. 2. The Aldermen that are the Commissioners are not called by their Christian names, as they ought to be, but only by their Sirnames. 3ly. It is not shewed in what manner the Bills were assigned to him, but he says only that they were assigned in due form of Law, which is too generally ex∣pressed, and to this he cited Mich. 10 Iac. Banc. Reg. Glass and Gowes case. To these exceptions Latch answered, That the mentioning of the Ordinance of Parl. and of the Aldermen, is but by way of inducement to the Action, and nothing to the ground of it, and therefore there need not be so punctual a recital as is surmised, neither is it necessary to shew how the Bills were assigned, and they are the Defendants own words, nor is it material how the money was to be paid. R•••• chief Iustice, The ground of the A∣ction is the deceit in assigning over false Bills, and affirming them to be true,* 1.2 and the other matters are meerly matters of inducement, and used only by way of recital, and not material to the Action. And you have confessed the deceit for which the Action is brought by your general demur∣rer upon the Declaration. And therefore let judgement be for the Plaintif except better matter be shewn. Postea,

Notes

• * 1.1

  Demurrer to a Declaration in Action upon the case.
• * 1.2

  Inditement. Confession.