Careswell and Another against Vaughan
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Court of the King's Bench |
English Reports Citation: 85 E.R. 579
COURT OF KING'S BENGH
S WMS. SATJmx 28. HIL. 21 AND 22 CAB. II. REGIS 579 [28] 3. careswell and another against vaughan. Easter 21 Car. II. Regis, Rol. 74. Writ of error from the Great Sessions in Wales to the King's Bench. Oar lord the King has sent to his justices of his Great Sessions of his county ol Merioneth, his writ close in these words, that is to say ; Charles the 2d, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c. to our justices of our Great Sessions of our county of Merioneth, greeting : because in the record and proceedings, and also in the giving of judgment, in our Court of our said Great Sessions, in a certain plea of land, between William Vaugban, Esq. demandant, and Eleaser Careswell and Lodwick Owen, tenants, wherein he the said William Vaughan demandant, by our writ of quod ei deforceat, [29] protesting to prosecute the said writ in the form and nature of our writ of entry sur disseisin at the common law, according to the form of the Statute of Rutliland, demanded against the said Eleaser Careswell and Lodwick Owen, tenants, one messuage, 200 acres of laud, 20 acres of meadow, 300 acres of pasture, 20 acres of wood, 100 acres of heath, and 40 acres of moor, with the appurtenances, in Owyddelfynydd, of which the said Eleaser and Lodwiek deforced him, as it is said, manifest error has intervened, to the great damage of them the said Eleaser and Lodwick, as by their complaint we are informed ; we being willing that the error, if any there be, should in due manner be corrected, and full and speedy justice done to the said parties in this behalf, do command you, that if judgment be given thereupon, then you send to us, distinctly and openly under your seal, the record and proceedings aforesaid, with all things concerning the same, and this writ, so that we may have them on the octave of the Purification of the Blessed Mary, wheresoever we shall then be in England, that the record and proceedings aforesaid being inspected, we may cause to be further done thereupon, for amending the said error, what of right, and according to the law and custom of our realm of England, ought to be done. Witness ourself at Westminster, the 4th day of December, in the 20th year of our reign. Norbury. The writ is thus returned : the record and proceedings whereof mention is within made, with all things concerning the same, follow in these words, to wit: Merionethshire, to wit. The Great Sessions of our lord the King in the county of Merioneth, holdeu at Dolgelly, in the said county, before Timothy Littleton, Serjeant at Law, Justice of our lord the King of the Great Sessions of our lord the King of the county aforesaid, and John Griffith, Esq. one other justice of our said lord the King of his Great Sessions of the county aforesaid, on Monday, to wit, the 8th day of October, in the 12th year of the reign of our Lord Charles the 2d, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c.-Charles the 2d, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c. to the Sheriff of Merioneth, greeting: command Eleaser Careswell and Lodwick Owen, that justly and without delay they render to William Vaughan, one messuage, 200 acres of land, 20 acres of meadow, 300 acres of pasture, 20 acres of wood, 100 acres of heath, and 40 acres of moor, with the appurtenances, in Owyddelfynydd, which they the said Eleazer and Lodwick, unjustly deforce him, as it is said, and unless they shall do so, and if the said William shall make you secure of prosecuting his claim, then summon by good summoners the said Eleazer and Lodwick, that they appear before the justices of our Great Sessions of your county at our next Great Session of the said county, wheresoever it shall be held in your county, to shew wherefore they have not done it; and have you there the summoners and this writ. Witness ourselves at Caernarvon, the 22d day of September, in the year of our reign, &c. the 12th : Bulkely White.- Pledges of prosecution, John Doe and Richard Roe.-Summoners, Dio Den, Pio Pen.- Richard Anwill, Esq. Sheriff. [30] Merionethshire, to wit. Pleas at the Great Sessions of our lord the King in the county of Merioneth, holden at Dolgelley, in the said county, before Timothy Littleton, Serjeant at Law, Justice of our.lord the King of the Great Sessions of our lord the King in the county aforesaid, and John Griffith, Esq. one other justice of our 580 CARESWELL AND ANOTHER V. VAUGHAN 2 WMS. SAUKD. 31. said lord the King of his Great Sessions in the county aforesaid, on Monday, to wit, the 8th day of October, in the 12th year of the reign of our Lord Charles the 2d, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c. Merionethshire, to wit. William Vaughan, by the writ of our lord the King of quod ei deforceat, protesting to prosecute the said writ in the form and nature of the writ of our lord the King of entry sur disseisin in the quibus, in nature of the writ of assize of novel disseisin at common law, according to the form of the Statute of Ruthlancl, demands againat Eleazer Careswoll and Lodwick Owen, one messuage, 200 acres of land, 20 acres of meadow, 300 acres of pasture, 20 acres of wood, 100 acres of heath, and 40 acres of moor, with the appurtenances, in Owyddelfynyd, whereof they the said Eleazer and Lodwick unjustly and without judgment disseised the said William within 20 years now last past, and which the aforesaid Eleazer and Lodwick deforce him, &c, And whereupon the said William by Evan Vaughan his attorney, says, that he the aaid William was seised of the said tenements, with the appurtenances in his demesne as of freehold in time of peace, in the time of our lord the now King, by taking the profits thereof to the value, &c. and of which, &c. and therefore he brings suit, &c. And the said Eleazer and Lodwick, by Ellis Hughes their attorney, come and defend their right when, &c. and say that the writ is vitious in itself, and not sued out according to the course of the register, for that the said William, by his said writ, demands against the said Eleazer and Lodwick one messuage, which said word "messuage" is altogether without any sense or meaning, and according to the form of the register it ought to be "mesuage," and that the word "he," render in the said writ next after the word "delay," is incongruous and ought to be "they" render; and that the "&c." inserted in the said writ between "year of our reign" and "12," is an useless addition to the said writ, and is nob in the form of the writ in the register in such case made and provided: wherefore inasmuch as the said writ in form aforesaid sued out is vitious, the said Eleazer and Lodwick pray judgment of the said writ, and that the same may be quashed, &c. [31] And the said William, by his attorney, says, that by any thing by the said Eleazer and Lodwick to quash the said writ above in pleading alleged, the said writ of him the said William ought not to be quashed, because he says that the said plea in manner and form aforesaid pleaded, and the matter in the same contained are not sufficient in law, to which he has no necessity, nor is he bound by the law of the land to answer. And this he is ready to verify; wherefore he prays judgment, and that his writ may be adjudged good, &c. And the said Eleazer and Lodwick, since they have above alleged sufficient matter in law to quash the said writ, which they are ready to verify, which said matter the aaid William Vaughan does not deny, but altogether refuses to admit that verification, as before, pray judgment that the said writ may be quashed. And because the justices here will advise of and upon the premises before they .give judgment thereon, a day is given to the said parties here, until Monday in the next Great Sessions of our lord the King in the said county, to hear their judgment thereof, for that the justices here are thereof not yet, &c. At which said Monday in the said next Great Sessions of our lord the King in the county aforesaid, holden at Dolgelly, in the said county, before Timothy Littleton, Serjeant at Law, Justice, &c. and John Griffith, Esq. one other justice, &c. on Monday, to wit, the 16th day of September, in the 13th year of the reign of our lord the now King, come as well the said William, as the said Eleazer and Lodwick, by their attornies aforesaid : and because the said justices here will further advise of and upon the premises before they give judgment thereupon, a day is given to the said parties here, until Wednesday in the next Great Sessions of our lord the King in the said county, to hear their judgment thereon, for that the justices here are thereof not yet, &c. At which said Wednesday in the said next Great Sessions of our lord the King in the county aforesaid, holden at Dolgelly in the county aforesaid, before Timothy Littleton, Serjeant at Law, Justice, &c. and the said John Griffith, Esq. one other justice, &c. on Wednesday, to wit, on the 9th clay of October, in the 13th year of the reign of our Lord Charles the 2d, now King of England, &c. come as well the said William, as the said Eleazer and Lodwick, by their attornies aforesaid : and because the justices here will further 2 WMI. SAUND. 33. HIL. 21 AND 22 CAR. II. REGIS 581 advise of and upon the premises before they give judgment thereupon, a further day is given to the parties aforesaid here, until Monday in the next Great Sessions of our lord the King in the county aforesaid, to hear their judgment thereon, for that the same justices hare are thereof not yet, &c. At which said Monday in the said next Great Sessions of our lord the King, in the county aforesaid, holden at Bala in the said county, before Timothy Littleton, Serjeant at Law, Justice, &c. on Monday, to wit, the 18th day of August...
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