The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges.

Prior versus Shears.

IN a Writ of Error to Reverse a Judgment given in the Palace Court in an Assumpsit, where the Plaintiff declared sur inde∣bitatus pro Naulo, and upon Non Assumpsit, &c. had Judgment.

It was assigned for Error, That it was not ascertained how the Defendant was indebted; and that Fraight was usually con∣tracted for by Charter party, and if so, the general Indebitatus would not lie for a Debt by Specialty.

Notwithstanding the Judgment was affirmed; for, for ought ap∣pears there was not any Deed in the Case; and it shall not be inten∣ded; and it is no more than the Common Action, pro mercimoniis habitis & venditis.

Note, It was further objected, That this appears to be for Marriners Wages for Sailing to some Foreign parts, which must needs be out of the Jurisdiction of the Marshalsea, and though the Argréement were made within it, yet the thing being to be done else∣where, they could not hold Plea: As if a Carrier should agree within the Limits of the Court, to carry Goods from thence to York; no Action could be brought there upon it; which was agréed.

But the Court said here, It doth not appear they were to Sail to any place out of the Jurisdiction, and they have laid all the Matter to be infra Jurisdictionem Curiae. And therefore the Judgment was Affirmed.