The King versus Ledgingham.
AN Information was brought against Ledgingham, for that he being a man of an unquiet Spirit, communis perturba∣tor & oppressor vicinorum & tenentium, had taken excessive Distresses of divers of his Tenants.
After Verdict for the King at the Assizes, it was said, That no Judgment could be given upon this Information, which was said to be defective both in matter and form.
It hath been often Ruled, that Communis oppressor, or such like General words, without particularizing Offences, was insufficient in an Indictment or Information, unless the word Com∣munis Barrectator, which is of known signification in Law, and comprehends divers Crimes; and Twisden said, is as much as Common Knave, 9 Ass. 2. Communis latro, not good: Vid. Roll. 79. Moor 451. neither can an Information be exhibited for taking of excessive Distresses; for that was not punishable until the Statute of Marlebridge, cap. 4. which saith, that he that so Distrains shall be amerced, whereas upon an Information he must of neces∣sity be fined, 2 Inst 107.
Again, It ought to have been expressed upon what Tenants the Distresses were taken, with their Names, otherwise it is too incertain. One was Indicted, for that he serving upon such a Grand Enquest, did reveal the Secrets of the King and himself. It was Resolved to be ill, because not expressed what Secrets, Moor 451. and of this Opinion was the Court in omnibus. Ante.