Bayne's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1196
King's Bench Division
bayne's case. Burglary. In which case shops in London are markets overt, and what nob. 10. At the sessions holden at Newgate presently after this term the case was this; one Baynes with another came in the night time to a tavern in London to drink, and after they had drank, the said Baynes stole a cup in which they drank in a chamber of the same house; the owner of the said house, his wife and servants then being also in the house, and the cup being the owner's of the said tavern, whereupon he was indicted and committed, and this matter appeared in the indictment, and agreed by Popham, Anderson and Periam, with the Recorder and Serjeants at law then being there, that this was not burglary, and yet it was such a robbery, whereby he was ousted of the benefit of his clergy by the statute of 5 E. 6. cap. 9. and was hanged. 11. And at the sessions then next ensuing then holden, upon one who had stolen a silver bason and ewer of the then Bishop of Worcester, and aale made openly in the day in a scrivener's shop in London to a stranger, the question was demanded of the Court whether the property were changed by this sale, so that the bishop shall not have his plate again, because it was alledged that they prescribed that every one of their shops in London are good markets overt through all London every day in the week but Sunday; but agreed by Popham, Egerton, Anderson, Brian, and others skilful in the law then being there, that...
To continue reading
Request your trial
-
Clayton v Le Roy
...the three heads of the Common Law Courts and other distinguished men. Popham, Chief Justice of the King's Bench, has left a report of it (Popham, 84); so has Anderson, Chief Justice of the Common Pleas (Anderson, 344). There is also a report (the longest) by Serjeant Sir Francis Moore (Moor......
-
78 ER 693
...Palmer against Wolley 21. palmer against wolley. London is not a market overt as to goods privately or improperly purchased. 5 Co. 83. Pop. 84. 1 And. 344. Moor, 360. Cro. Jac. 68. Action swf trover. - A prescription was alledged, that every shop in London should be said to be a market over......
-
Taylor against Chambers
...A shop in London is not a market overt, except for goods proper to its trade. 1 Roll. Ab. 113. 2 Roll. Ab. 122. Moor, 625. 360. 5 Co. 83. Poph. 84. 1 Ander. 344. 2 Inst. 713. Jones, 164. Stra. 1187. 1 Wils. 8. 3 Atk. 44. 4 Bl. Com. 449. 2 Hawk. P. C. 250. 2 Term Rep. 750. Trover, of a silk ......
-
Dubois against Keats
...Session of the delivery of the gaol of (a)1 5 Rep. 83 b. S. C. rather more at length, as L'Evesque de Worcester's case, Moore, 360. S. C. Poph. 84. ( z)a Williams J. was absent: see p. 322. (a)3 For a point of practice made in this case, see Dubois v. Keats, 8 A, & E. 945, note (a). 11 AD. ......