Sir Richard Buckley, Knight, Plaintiff, against Rice Thomas, Defendant
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1816 |
| Date | 01 January 1816 |
| Court | High Court |
English Reports Citation: 75 E.R. 182
IN THE COMMON BENCH
£118] A Report of a Case argued and adjudged in the Common Bench, by the Justices of the same Bench in Trinity Term, in the first and second Years of the Eeign of King Philip and Queen Mary, in an Action of Debt, brought by sir RtdHARD buckley, Knight, Plaintiff, against rice thomas, Defendant. And the Record was as follows. Mich. Term. 1 & 2 P. & M. Rot. 1373. Middles. Same precedent, Rast. Eutr. 188. a. Rice Thomas, of Lanvayr, in the county of Caernarvon, Esq. Sheriff of the county of Anglesea, was summoned to answer Richard Buckley, Knight, of a plea that he render to him £100, which he owes him and unjustly detains, &c. And whereupon * Fitz. Challenge, 115. Etiquest, 43. Bro. 99. Jurors, 41. Panel, 14. Trials 142. B. N. C. 465. Dy. 107. pi. 27. 1PLOWDEN, 118. THE PLEADINGS: BUCKLEY V. RICE THOMAS 183 the same Richard, by Bobert Bedingfield, his attorney, says, that whereas in a * statute made in the Parliament of the Lord Henry the Sixth, late King of England, holden in the twenty-third year of his reign, amongst other things it is contained, whereas by authority of a Parliament, holden at Westminster, in the first year of the reign of the Lord Henry, late King of England, the fifth from the Conquest, amongst other things it was ordained, that citizens and burgesses of cities and boroughs coming to the Parliament should be chosen men, citizens, and burgesses resident, abiding, and free in the same cities and boroughs, and none other, as in the same statute of the aforesaid first year of King Henry the Fifth more fully appears. Which said citizens and burgesses have always in cities and boroughs been chosen by citizens and burgesses, and no other, and to the sheriff of the county returned, and upon their returns received and accepted by the Parliament, before then holden. And also whereas by authority of a Parliament, holden at Westminster, the eighth year of the reign of the same late King Henry the Sixth, it was ordained in what manner and form the knights of the shires coming to the Parliaments, from thenceforth to be holden, should be chosen, and how the sheriffs of the same counties thereupon should make their returns, as in the same statute more fully appears : by force of which statute elections of knights to come to the Parliaments sometimes have been duly made, and lawfully returned, until then of late time that divers sheriff's of the counties of the realm of England, for their singular avail and lucre, have not made due elections of the knights, nor in convenient time, nor good men, and true returned, and sometimes no return of the knights, citizens, and burgesses, lawfully chosen to come to the Parliaments, but such knights, citizens, and burgesses have been returned which were never duly chosen, and other citizens and burgesses than those which by the mayors arid bailiffs were to the said sheriffs returned ; and sometimes the sheriffs have not returned the writs which they had to make election of knights to come to Parliament, but the said writs have ernbeziled, and moreover made no precept to the mayor and bailiff, or to the bailiffs or bailiff, where no mayor is of cities and boroughs, for the election of citizens and burgesses to come to Parliament, by colour of these words contained in tha same writs, viz. that in your full county you cause two knights to be elected for your county, and for every city in your county two citizens, and for every borough in your county two buryesses. And also because sufficient penalty, and convenient remedy for the party in such case grieved, was not ordained in the said statutes against the sheriffs, mayors, and bailiffs, which do contrary to the form of the said statutes, the same late King Henry the Sixth, considering the premisses, by the aforesaid authority of the said Parliament, holden the said twenty-third year of his reign, ordained, that the said statutes should be duly kept and observed in all points : and moreover, that every sheriff, after the delivery of any such writ to him made, should make and deliver, without fraud, a sufficient precept under his seal, to every mayor and bailiffs, or to bailiffs or bailiff, where no mayor is of the cities and boroughs within his county, reciting the said writ, commanding them, by the same precept, if it be a city, to choose by citizens of the same city, citizens, and in the same manner and form, if it be a borough, by the burgesses of the same to choose burgesses to come to the Parliament. And that the same mayor and bailiffs, or bailiff's or bailiff where no mayor is, should return lawfully the precept to the same sheriffs, by indentures betwixt the same sheriffs, and them to be made of the said elections, and of the names of the said citizens and burgesses by them so chosen, and thereupon that every sheriff should make a good and rightful return of every such writ, and of every return by the mayors and bailiffs, or bailiffs or bailiff where no mayor is, to him made. And that every sheriff, at every time that he doth contrary to that statute, or any other statute for the election of knights, citizens, and burgesses to come to the Parliament before that time made, should incur the pain contained in the said statute, made the said eighth year, and moreover should forfeit and pay to every person thereafter chosen knight, citizen, or burgess in his county, to come to any Parliament, and not duly returned, or to any other person, which, in default of such knight, citizen, or burgess * Note the writ of debt here brought against the sheriff' without touching any statute in the writ, but in the Count. Theol. Dig. lib. 10. cap. 28. 15. 184 the pleadings: buckley v. rice thomas iplowden.iw. will sue, one hundred pounds, whereof every knight, citizen, and burgess so grieved, severally, or any other person which in their default will sue, should have his action of debt against the said sheriff, or his executors or administrators, to demand and have the said hundred pounds, with his costs spent in that case. And that in such action taken by virtue of the same statute made in the aforesaid twenty-third year, the defendant should not wage his law of the demand aforesaid, in any wise; and that no defendant in such action should have any essoign, as in the same statute, made the said twenty-third year, amongst other things, more fully appears. And also, whereas in a statute made in Parliament of the Lord Henry the Eighth from the Conquest, late King of England, holden at Westminster, upon prorogation there, the fourth clay of February, in the 27th year of the said late King, among other things it is enacted and established by the authority of the same Parliament, that the country or dominion of Wales shall for ever from thenceforth be, stand, and continue incorporated, united, and annexed to and with this realm of England, and that every person and persons born and to be born in the said country or dominion of Wales shall have, enjoy, and inherit all and singular freedoms, liberties, rights, privileges, and laws within this realm, and other the King's dominions, [119] as other the King's subjects naturally born within the same have, enjoy, and inherit. And further then and there it was enacted and established amongst other things, that for the same Parliament holden the same twenty-seventh year, and all other Parliaments thenceforth to be held and kept for this realm of England, one knight should be elected to the same Parliaments for every of the shires of Brecknock, Radnor, Montgomery, and Denbigh, and for every other shire within the said country or dominion of Wales, and the election to be in like manner and form as knights of Parliament be elected in other counties of this realm, as in the same statute made the same twenty-seventh year amongst other things more fully appears. And also whereas in a statute made in the Parliament of the said late King Henry the Eighth holden at Westminster upon prorogation the 22d day of January, in the 34th year of his reign, and afterwards continued to and until the 12th day of May, in the 35th year of the reign of the same late King, and on the same 12th day of May, in the 35th year abovesaid there holden, amongst other things it is enacted by the Royal Highness, and the Lords Spiritual and Temporal, and the commons in the same Parliament then assembled, by authority of the same Parliament, that all the King's subjects and resiants in Wales shall find at all Parliaments thereafter to be holden in England knights for the shires, and citizens and burgesses for cities and towns, to be named and chosen by authority of the King's writ, under the Great Seal of England, according to the Act in that case provided, as in the same statute made the said 34th and 35th years amongst other things more fully appears. And whereas the Lady Mary now Queen of England, the 14th clay of August, in the first year of her reign, by her writ bearing date the same 14th day of August, issuing out of her Chancery then being at Westminster, in the county of Middlesex, under her Great Seal of England, directed to the then sheriff of her county of Anglesea, reciting by the same writ, whereas the same lady the Queen now, by the advice and assent of her Council, for certain urgent and important business concerning the same lady the Queen now, the state and defence of her kingdom of England, and of the Church of England, hath appointed and ordained a certain Parliament of the said lady the Queen now to be held at Westminster, in the county of Middlesex, the fifth day of October then next to come, and there to have conference with the prelates and nobility of her said realm, commanded the same Sheriff of Anglesea by the same writ firmly enjoining him, that having made proclamation of the clay and place aforesaid in his next county to be holden after the receipt of the same writ...
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