The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.
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- The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.
- Publication
- London, :: Printed by the assigns of Rich. and Edw. Atkins for Charles Harper at the Flower de Luce over against St. Dunstans Church in Fleetstreet,
- 1698.
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- Subject terms
- Law reports, digests, etc. -- Great Britain.
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"The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A80192.0001.001. University of Michigan Library Digital Collections. Accessed May 9, 2024.
Pages
Page 194
Church, nor file any Certificate, so that he was not Mayor; and Iudgment being given against the Defendant before him, it was therefore Coram non Judice, like the Case of Hatch and Nichols Roll. Abr. 1 part tit. Error 761. Where, upon a Writ of Error brought upon a Iudgment in an Inferiour Court, the Error assigned was, that the Stile of the Court was Curia tent̄ coram J. S. Seneschallo, who was not Steward, and that was held to be an Error in fact.
But on the other side it was insisted that this was not Error, because the Acts of the Mayor should not be void as to Stran∣gers. The Statute of 25 Car. 2. cap. 2. for preventing of dangers which may happen from Popish Recusants, disables the Party who is not qualified according to the Act to hold an Office, and if he execute the same, afterwards upon complaint made, and Conviction he shall forfeit 500 l. so that as to himself, whatever he doth in his Office is void; but it was never the intent of the Act to work a Mischief or Wrong to Strangers, for the Law favours what is done by one in reputed authority; as if a Bishop be created, who upon a Presentation made admits a Parson to a Benefice or collates by Lapse, the former Bishop not being deprived, or removed, such acts are good and not to be avoided, Cro. Eliz 699.
But admitting it to be an Error, it cannot now be assigned for such, because the Parties in Pleading have allowed the proceed∣ings to be good upon Record, and there is Iudgment against the Defendant, but if he had been taken upon that Iudgment, he might have brought an Action of false Imprisonment, 2 Cro. 359. Cro. Eliz. 320.
Wild Iustice, You shall not assign that for Error which you might have pleaded, especially having admitted it by pleading; and one Musgrave's Case was cited, which was, that there is an Act of Parliament which lays a Tax upon all Law proceedings, and makes them void, if the Kings Duty be not paid, and it was adjudged, That if the Duty was not paid, but admitted in pleading, you shall not afterwards alledge what before was admitted, viz. That the Duty was not paid.
Vpon a Writ of Error in Parliament it cannot be assigned for Error, that the Chief Iustice of the Kings-Bench, had not taken this Oath; the same might be also of a Writ of Error in the Exchequer Chamber, for an Error in Fact cannot be there assigned; but at the last the Iudgment was Reversed: See the Reasons thereof by the Chief Iustice Jones in his Reports, folio 81.
Notes
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What is ad∣mitted in pleading shall not be assigned for Error. Jones 81.
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Cro Car. 97. 2 Cro. 260.
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Sid. 253.