Sir Thomas Stradling, Knight, Plaintiff, against Rowland Morgan, Defendant

JurisdictionEngland & Wales
Judgment Date01 January 1816
Date01 January 1816
CourtCourt of Common Pleas

English Reports Citation: 75 E.R. 305

COURT OF COMMON PLEAS

Sir Thomas Stradling, Knight, Plaintiff, against Rowland Morgan
Defendant

On point as to construction of statutes (Plowden, 205) see In re Poland, 1866, L. R. 1 Ch. 358; In re Anglesea Colliery Company, 1866, L. R. 1 Ch. 559; Garnett v. Bradley, 1878, 3 App. Cas. 952; Bradlaugh v. Clarke, 1883, 8 App. Cas. 372; Coomber v. Justices of Berks, 1882-83, 9 Q. B. D. 33; 9 App. Cas. 61; Cox v. Hakes, 1890, 15 App. Cas. 517; In re Standard Manufacturing Company [1891], 1 Ch. 646; Eastman Photographic Materials Company v. Comptroller-General [1898], A. C. 576; R. v. West Riding of Yorkshire County Council [1906], 2 K. B. 717.

A brief Report of a Case argued in the Exchequer, in Easter Term, in the second Year of the Eeign of Queen Elizabeth, by the Counsel for the Parties, and by the Barons of the Exchequer, upon a Writ of Debt brought there by sir thomas stradling, Knight, Plaintiff, against rowland morgan, Defendant, and entered amongst the Common Pleas there. And the Record was as follows, viz. i,.i*.*.. [On point as to construction of statutes (Plowden, 205) see In re, Poland, 1866, L. R. 1 Ch. 358; In re Anglesea Colliery Company, 18G6, L. R. 1 Ch. 559; Gamett v. Bradley, 1878, 3 App. Gas. 952 ; Bradhmgh v. Clarke, 1883, 8 App. Cas. 372 ; Goomber v. Justices of Berks, 1882-83, 9 Q. B. D. 33 ; 9 App. Cas. 61 ; Cox v. Hakes, 1890, 15 App. Cas. 517 ; In re Standard Manufacturing Company [1891], 1 Ch. 646 ; Eastman Photographic Materials Company v. Comptroller-General [1898], A. C. 576 ; S. v. West Biding of Yorkshire County Council [1906], 2 K. B. 717.] Glamorgan. Declaration. Same Precedent. Rast. Entr. 191. a. - Rowland Morgan, of Mahen, in the county of Monmouth, Esquire, was attached by writ of this Exchequer, to be (f) 1 Finch 19. 2 Finch 27. (g) S. P. Co. Litt. 338. b. 1 Finch 19. 2 Finch 27. (a) See the books cited ante 189, at the head of the case. (b) Dy. 40. pi. 1. 97. pi. 45. 3 Bac. Abr. 383. (c) Regist. 227. See post 228, 229, the same exception taken by the counsel, and maintained by A. Brown, J. but over-ruled by Weston, J. and Dyer, C.J. See Gilb. Law of Ejectm. 6, 7. (d) T. 4 H. 7. 15. a. per Hussey. 306 the pleadings: stkadling v. morgan iplowdeh,200. here now on the octave of St. Martin, in this term, to answer Thomas Stradling, Knight, in a certain plea of debt, au'd now at tho aforesaid octave of St. Martin, came here the aforesaid Thomas Stradling, Knight, by Robert Leverton, his attorney, and the aforesaid Rowland Morgan, by Humphry Hatton, his attorney, likewise came here; whereupon the aforesaid Thomas Stradling complains against the aforesaid Rowland Morgan, of this, that the aforesaid Rowland render to the aforesaid Thomas Stradliiig .£17, 6s. 8d. which he owes him, and unjustly detains; and for that whereas by a certain Act made at a Parliament of Lord Edward the Sixth, late King of England, begun and holden at Westminster, the first day of March, in the seventh year of his reign, by the said lord the King, and the Lords Spiritual and Temporal, and the Commons in the same Parliament assembled, and also by authority of the same Parliament, amongst other things it is enacted, that if any treasurer, receiver, or minister accountant, or their deputy or deputies, do take or receive of any person or persons, any sum or sums of money, or other profit of and for the payment of any fees, annuities, pensions, duties, or warrants, more or otherwise than he or they may lawfully do by foreign laws and statutes therein then provided, that then the said treasurer, receiver, and minister so offending, shall forfeit and lose for every penny or pennyworth so to be taken or received 6s. 8d. to the party grieved, to be recovered in any of the King's Courts of Record by bill, plaint, or action of debt, in which suit no wager of law, essoigu, or protection shall be allowed, as in the Act aforesaid, amongst other things, is more fully contained. And whereas the aforesaid Thomas Stradling now complains, that the last day of October, in the third and fourth years of the reign of the now King and Queen Philip and Mary, and long before, by virtue of the letters-patent of Lord Henry the Eighth, late King of England, under his Great Seal, bearing date at More, the nineteenth day of September, in the seventeenth year of his reign, made to the same Thomas, he was and yet is bedel or collector of the rents, revenues, and profits issuing out of, and to be received of and iti the lordships or manors of Miskiri, Glinrothney, Sighemith-Nether, and Sighemith-Over, in the [200] county of Glamorgan, and taking annually for the exercise of his office aforesaid £13, 6s. 8d. as well by his own proper hands, as by the hands of the receiver of the same lordships or manors, for term of life of the said Thomas. Nevertheless the aforesaid Rowland Morgan, the same last day of October, being receiver of the lordships or manors aforesaid, the statute aforesaid, and the penalty therein contained not regarding, the same last day of October, at * Cardiff, in the said county of Glamorgan, in the abovesaid third and fourth years of the reign of the said lord the King and lady the Queen now, by the hands of John Jenkin of Landaff, in the county of Glamorgan aforesaid, yeoman, then servant and deputy of the said Rowland, took and received of the aforesaid Thomas Stradling, Knight, by the hands of Dio Howell, then servant of the same Thomas, for the payment of £13, 6s. 8d. as his fee aforesaid to the same Thomas Stradling, then due for one whole year, ending at the Feast of St. Michael the Archangel then last past, by colour of the said office of the aforesaid Rowland, extortiously 4s. 4d. according to the rate of 4d. for every twenty shillings, more and otherwise than he might lawfully take or receive by any foreign laws or statutes in that behalf provided, contrary to the form of the statute aforesaid; whereby an action hath accrued to the said Thomas Stradling, to demand and have of the aforesaid Rowland Morgan the aforesaid £17, 6s. 8d. And although the aforesaid now plaintiff hath often afterwards requested the aforesaid now defendant to pay him the aforesaid £17, 6s. 8d. nevertheless the said Rowland Morgan, now defendant, the aforesaid. £17, 6s. 8d. or any part thereof to the aforesaid Thomas Stradling has not yet paid, but the same to pay has refused, and yet does refuse; wherefore the aforesaid plaintiff says that he is damnified, and has damage to the value of 100s. and therefore he brings the suit, &c. Defendant prays oyer of the wit.-And the aforesaid Rowland Morgan, by his aforesaid attorney, present, &c. defends the force and injury, damages, and whatever, &c. and prays oyer of the writ aforesaid, and it is read to him, &c. Which being heard, he says that at present he is not advised to answer the aforesaid Thomas Stradling * Note here the place specified in the declaration where the extortion was committed. See 1 Leon. 96. Vin. Abr. tit. Extortion, C. pi. 1. 1PLOWDEH, 201. THE PLEADINGS: STHADLING V. MORGAN 307 touching the premisses; and prays day to imparl thereon until the octave of St. Hillary, within which, &c. which is granted to him by the Court, and the same day is given to the aforesaid Thomas Straclling here, &c. At which day the parties aforesaid came here by their attornies aforesaid, and the aforesaid Thomas Stradling prays, that the aforesaid Rowland Morgan may answer him touching the premisses. And thereupon the same Rowland Morgan by protesting, says, that the declaration aforesaid, and the matter therein contained is insufficient in law, to which he has no necessity, nor is by the law of the land bound to answer, nevertheless for plea the same Rowland says, that the aforesaid Thomas Stradling, his action aforesaid thereof against him ought not to have or maintain, because he says that he did not take or receive the aforesaid 4s. 4d. contrary to the form of the statute aforesaid, in manner and form as the aforesaid Thomas Stradling, by his writ and declaration aforesaid above against him has declared, and of this he puts himself upon the country; and the aforesaid Thomas Stradling likewise, therefore let a jury come thereon. And because the aforesaid town of Cardiff is in the county of Glamorgan, in Wales, where a sheriff of this kingdom of England cannot intermeddle, therefore it is commanded to the Sheriff of the county of Hereford, that he make to come here from the day of Easter, in fifteen days, twelve, &c. of the neighbourhood of Leominster, in the said county of Hereford, which is the visne next adjoining to the said town of Cardiff, every of whom, &c. by whom, &c. and who neither, &c. to recognize, &c. And the same day is given to the parties aforesaid here, &c. At which day the parties aforesaid camo here by their attornies aforesaid, and the Sheriff of the said county of Hereford hath not returned here the writ, Sic. Therefore it is commanded to the same Sheriff of the said county of Hereford, as heretofore, that he made to come here on the morrow of the Holy Trinity, twelve, &c. of the neighbourhood of Leominster aforesaid, in form aforesaid. And the same day is given to the parties aforesaid here, &c. At which day the parties aforesaid came here by their attornies aforesaid, and the Sheriff of the county of Hereford aforesaid, viz. Richard Monington, Esquire, returned here the writ of venire facias juratores, together with the panel of the names of the jurors annexed to the same writ. And the jurors being called, did not come, &c. Therefore it is commanded to the same sheriff that he distrained the aforesaid, &c. by their lands, &c. so that, &c. on the octave of St. Michael, or in the mean time before the justices of the said lord the King and lady the Queen, assigned to take assizes in the said county of Hereford, if they shall first come, at Hereford, in the said county of Hereford, on Wednesday, the 27th day of July next coming, so...

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