Greene v Cole
| 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. 1022
COURT OF KING'S BENCH
See Doherty v. Allman, 1878, 3 App. Cas. 733. Referred to, Woodhouse v. Walker, 1880, 5 Q. B. D. 407.
1022 GREENE V. COLE 2 WMB. 8AUHD. 228. [228] 42. greene versus cole. [See Dohvrty \. Allman, 1878, 3 App. Caa. 733. Referred to, Woodhwse v. Walker, 1880, 5 Q. B. D. 407.] Writ of error to Parliament of reversal of a judgment given in the Court of Huatinga in London. Charles the 2d, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c. to our trusty and well beloved Sir John Vaughau Knt. our Chief Justice of the Bench, Sir Matthew Hale Knt. Chief Baron of our Exchequer, Sir Christopher Turner Knt. another Baron of our Exchequer, Sir Richard Rainsford Knt. late one other Baron of our said Exchequer, and now one of our justices assigned to hold pleas before us, and Sir William Morton Knt. another of our justices assigned to hold pleas before us, greeting. Whereas by our letters patent of commission, under our Great Seal of England, lately directed to you the said Sir John Vaughan, Sir Matthew Hale, Sir Christopher Turner, Sir Richard Rainsford, Sir William Morton, and to Sir Wadham Wyndham Knt. now deceased, then one of our justices assigned to hold pleas in our Court before us, reciting, that because on the behalf of William Cole Esq. we were informed, that in the record and proceedings of a certain plaint which was before William Bolton then late Mayor of the City of London, and Sir Robert Vyner Knt. and Bart, and Sir Joseph Sheldon Knt. then late sheriffs of the said city, in the Hustings of London, by our writ, between the said William Cole and Henry Greene, for that the said Henry committed waste, sale and destruction in houses in the parish of St. Giles without Cripplegate, London, which he holds for a term of years of the said William Cole, as assignee of John Hillard gent, who demised the same to the said Henry Greene for the said term, to the disinheriting of the said William Cole, and against the form of the provision in such case provided, and also in the giving of judgment in the said plaint before Sir William Peake Knt. then late mayor of the said city, and Sir Dennis Gauden Knt. and Sir Thomas Davies Knt. then late sheriffs of the said city, in the said Court of Hustings, as it was said, manifest error had intervened, to the great damage of the said William, as by his complaint we were informed ; and that we being willing that the error, if any there were, ahould in due manner be corrected, and full justice done to the parties aforesaid, assigned you the said Sir John Vaughan, Sir Matthew Hale, Sir Christopher Turner, Sir Richard Rainaford, Sir William Morton, and the said Sir Wadham Wyndham, five, four, three or two of you, our justices, to look over and examine the record and proceedings, as well in the said plaint which was by our said writ, as in the giving of judgment in the said plaint, with all things touching the same, in the presence of the said Mayor and Sheriffs of the said City of London to be thereto warned by you, five, four, three or two of you, [229] if they choose to be present at the Guildhall of the said city, and to correct the error assigned in the record and proceedings aforesaid, or in the giving of judgment in the said plaint, if any there should be found to be, and to do full and speedy justice therein to the parties aforesaid, as according to the law of our realm of England, and the custom of the said city, should be just, and therefore we commanded you and the said Sir Wadham Wyudham, five, four, three or two of vou, that at a certain day which you, five, four, three or two of you should appoint in that behalf, you, five, four, three or two of you should go to the said Guildhall of the said city, and do and perform all and singular the premises in form aforesaid, doing therein what should appertain to justice according to the law of our realm of England, and the custom of the said city ; and because on the behalf of the said Henry Greene we are now informed, that in the reversing of the said judgment, and also in the giving of judgment thereupon for the said William Cole against the said Henry Greene, before you the said Sir Johti Vaughan, Sir Matthew Hale, Sir Christopher Turner, Sir Richard Rainsford, and Sir William Morton our said commissioners, or some of you, by virtue of our said commission, as it is said, manifest error hath intervened, to the great damage of the said Henry Greene, as by his 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 parties aforesaid in this behalf, do 2 WMS. BAUND. HO. MICH. 22 CAR. II. REGIS 1023 command you, that if the first judgment given in the Court of the Hustings London be reversed before you, or some of you, and judgment be thereupon given for the said William Cole against the said Henry Greene, then without delay you distinctly and openly send the record and proceedings aforesaid, with all things touching the same, to our present Parliament, and this writ; that the record and proceedings aforesaid being inspected, we may further cause to be done thereupon, with the assent of the Lords Spiritual and Temporal in the same Parliament, for correcting that 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 13th day of May in the 22d year of our reign. The answer of the within-mentioned Sir John Vaughan, Sir Matthew Hale, Sir Christopher Turner, Sir Eichard Eainsford, and Sir William Morton to this writ. The record and proceedings within specified, with all things concerning the same, we certify to our lord the King in his present Parliament, in a certain record to this writ annexed, as within we are commanded. J. V., M. H., C. T., R. E., and W. M. [230] Be it remembered, that on Wednesday the 16th day of December in the 20th year of the reign of our Lord Charles the Second, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c. at the Guildhall of the City of London, come Sir John Vaughan Knt. Chief Justice of our said lord the King of the Bench, Sir Matthew Hale Knt. Chief Baron of the Exchequer of our said lord the King, Sir Christopher Turner Knt. another Baron of the Exchequer of our said lord the King, and Sir William Morton Knt. one of the justices of our said lord the King assigned to hold pleas before our said lord the King, assigned to look over, and examine the record and proceedings of a certain plaint, which was in the Hustings of our said lord the King of London, before William Bolton late Mayor of the City of London, and Sir Eobert Vyner Knt. and Bart., and Sir Joseph Sheldon Knt, then sheriffs of London, by the writ of our said lord the King, and also the giving of judgment in the said plaint, before Sir William Peake Knt. late mayor of the said city, and Sir Dennis G-auden Knt. and Sir Thomas Davies Knt. late sheriffs of the said city, in the Hustings of the said city, between William Cole, Esq. and Henry Greene, for that the said Henry committed waste, sale and destruction in houses, in the parish of St. Giles without Cripplegate, London, which he holds for a term of years of the said William Cole, as assignee of John Hilliard, who demised the same to the said Henry for the said term of years, to the disinheriting of the said William Cole, and against the form of the provision in such case provided, as it is said, in the presence of the then Mayor and Sheriffs of London aforesaid at the Guildhall of the said city, and to correct the error, if any happen to be found in the record and proceedings aforesaid, or in the giving of judgment in the said plaint, and to do full and speedy justice therein to the parties aforesaid according to law, and the custom of the said city ; and Sir William Turner Knt. now Mayor of the said City of London, and John Forth and Francis Chaplain now sheriffs of the said city then and there came and returned upon the precept of the said justices to them directed, as upon the said precept is indorsed, &c.: whereupon the parties aforesaid being called, the aaid William Cole in his proper person comes and appears, arid puts in his place Robert Rawlins his attorney against the said Henry Greene of and in the plea of the writ of error. And the said Henry Greene likewise appears in his proper person, and puts in his place Thomas Moncke his attorney against the said William Cole of and in the said plea, &c. And thereupon the said now Mayor and Sheriff's of the City of London, having had a respite of forty days allowed them by the said justices according to the custom of the said city, have a day to have the record and proceedings in the said plaint before the said justices at the Guildhall aforesaid, until the 29th day of January next coming, and the same day is then and there given to the parties aforesaid there, &c. At which said 29th day of January in the said 20th year of the reign of our said lord the now King of England, come here, to wit, at the Guildhall [231] aforesaid before the said justices, as well the said now mayor and sheriff's of the said city, as the said William Cole by his aaid attorney, and the said Henry Greene by his attorney aforesaid; and thereupon a 1024 GREENE V. COLE 2 WMS. SAUND. 232. further day is given by the said justices to the said Sir William Turner Knt. Mayor of the City of London, and John Forth and Francis Chaplain sheriffs of the said city, to have the said record and proceedings in the said plaint before the said justices of the Guildhall aforesaid, until Monday the 8th day of February next coming, and the same day ia given to the parties aforesaid to be then there, &c. At which said Monday the 8th day of February in the 21st year of the reign of our said lord the now King of England, &c. come here, to wit, at the...
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