Britten against Cole
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 550
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
[109] case 53. bkitten against cole. Trinity Term, 7 Will. 3, Itoll 187. Trespass. Gloucester, to wit.-John Britten complains of Thomas Cole in the custody of the marshal of the Marshalsea of the lord the King, being before the King himself, for that he on the twentieth day of March, in the seventh year of the reign of the Lord William the Third, now King of England, &c. at Hannam, in the parish of Bitton in the county aforesaid, with force and arms the cattle, that is to say, forty-three sheep and two lambs of him the said John Britten of the price of sixteen pounds took and drove away, and other wrongs to him did, against the peace of the said lord the now King, to the damage of him the said Jolni of forty pounds, and thereupon he brings suit, &c. And now here at this day, to wit, Friday next after three weeks of the Holy Trinity in this same term, until which day the said Thomas had leave to imparl to the bill aforesaid, and then to answer, &c. before the lord the King at Westminster come as well the said John by his said attorney as the said Thomas by Philip Hodges his attorney, and the said Thomas defends the force and injury when, &c. and as to the coming with force and arms, and whatsoever is against the peace of the said lord the now King, saith that he is not guilty; and of this he puts himself upon the country, and the said John Britten likewise; and as to the residue of the trespass aforesaid above supposed to be dona, he the said Thomas Cole saith, that the aaid John Britten ought not to have or maintain his said action thereof against him, because he saith, that before the said time when the trespass aforesaid is above supposed to be clone, to wit, on the twelfth clay of February, in the sixth year of the reign of the said lord the now King, a certain writ of the said lord the now King of kvari facias issued out of the Court of Exchequer of him the said lord the King at Westminster, then being in the county of Middlesex, directed to the Sheriff of Gloucestershire; by which said writ, the said lord the King reciting, that whereas Sir Richard Cocks, Bart, then late Sheriff of Gloucestershire aforesaid, by virtue of the writ of him the said lord the King of capias utlagatum, issuing out of the Court of the said lord the King of Common Bench, at Westminster, against Francis; Creswick, of Hannam's Court, within the parish of Bitton, in the county aforesaid, Esq. [110] outlawed in the county of Somerset, on the twelfth day of June, in the fifth year of the reign of the lord the King and of the Lady Mary late Queen f England, &c. at the suit of Thomas Cole the now defendant, arid Mary his wife, of a plea of debt, to the aforesaid late sheriff directed, on the twenty-eighth day of September, in the fifth year abovesaicl, took and seized into the hands of the said lord the King and lady the Queen, one capital messuage or tenement called Hannam's Court, with all the barns, stables, out-houses, edifices, gardens, orchards and appurtenances to the same belonging; one close of pasture commonly called Hill-House, containing by estimation 5MOD.1H. MICHAELMAS TERM, 7 WILL. 3. IN B. K. 551 fourteen acres; one other close of pasture called the New Enclosure, containing by estimation eight acres, and several other grounds ; all and singular which premises aforesaid, with the appurtenances, were of the clear yearly value of fifty four pounds, in all their issues beyond reprises, of the lands and chattels of the said Francis Creswick, as by the transcript of the said writ of capias utlagalum, and the return thereof, and of a certain inquisition thereupon taken, certified into the Exchequer of the said lord the now King, and there in the custody of the said lord the King remaining, more fully appears : the aforesaid lord the King willing to be answered and satisfied of the rents, issues and premises aforesaid, as is right, commanded the said Sheriff of Gloucestershire by the said writ of levari facias, that, he should not omit, because of any liberty, but that he should enter into the same, and should cause to be made, collected and levied, all and singular the rents, issues, and profits of the premises aforesaid, with the appurtenances, and of every parcel thereof forthcoming, from the said time of taking thereof into the hands of the said lord the King, until the Feast of the Annunciation of the Blessed Virgin Mary then next to come (which was not thereof answered to the said lord the King), for the proportion of time, and according to the rate and yearly value above mentioned, so that when he should have levied that money, he should have the same before the Barons of the Exchequer of the said lord the King at Westminster, from Easter-Day in one month then next to come in the Court of the lord the King then there, to bo paid to the use of him the said lord the King, and that he should have there then that writ: by virtue of which said writ of levari facias, Nathaniel liider, Esq. then and yet being Sheriff of Gloucestershire aforesaid, after the issuing of the same writ, to wit, on the seventh day of March, in the seventh year of the reign of the said lord the now King, at Bitton aforesaid, made his warrant in writing under the seal of the office of him the said sheriff, directed to all the bailiff's, tythingmen, [111] and other officers of the same county, and also to Anthony Powell, John Cooke, John Okes, and Joseph Powell his bailiffs; by...
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