The Grand Case of the Habeas Corpus
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1669 |
| Date | 01 January 1669 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 1117
King's Bench Division
NOY, 156. THE GRAND CASE OF THE HABEAS CORPUS 1117 6. The party robbed is not bound to lend his horse, to pursue the [156] thief, nor he himself is bound to go and pursue the thief presently. Tr. 4 Car. B, R. In a replevin the sheriff does not return ally pledges ; and after issue joyn'd, and found, it was moved, if they can be put in by the Court after verdict. And by the Court, that they may, notwithstanding the statute of W. 2. cap. 2. For before that statute, the Court might take pledges upon the omissions of the sheriff. But that diversity was agreed, between 1. Pledges of prosecuting : and those may be inserted at any time after, and then the sheriff cannot be punisht, 3 H. 6. 3. 2. As well of prosecuting, as retort,. habend. as now and there by the common law. Also the Court may take pledges for default of the sheriff. But then the sheriff shall be only amerc'd. But now by that statute, a penalty is likewise given against the sheriff: but that statute does not take away the power of the Court, to take pledges for default of the sheriff: for if the sheriff omit that, and the Court take pledges, yet the party shall have his action against the sheriff, upon that statute. And for that, the taking of pledges now by the Court, will not make the judgment erroneous. THE GRAND CASE OF THE HABEAS CORPUS. The Privy Counsel directed an order to the Mayor of London, to apprehend certain citizens of London, and to make them appear before the Lords of the Privy Counsel to answer all such matters as should be objected against them. And the mayor took them and imprisoned them, because they would not enter into recognizance. And the prisoners sue an habeas corpus in the Kings Bench. And the mayor returns, quod virtute cujusdam Ordinis ad ilium direct. it Dominis Privati Concilii, and does not recite the particulars of the order. He imprisoned them, because they would not enter into a recognizance, &c. as abovesaid ; and exception was taken to that return, by Peard, Maynard, Keely, Holborne, and St. John. 1. It is said to be virtute cujusdam ordinis, and not does recite the particulars of the order, and that is ill, 1. Because the order remains with the mayor, and he is conusant of it. 2. That is of the essence of the return ; and therefore in Baggs's case, all the warrants were returned in lime verba. 3. Otherwise all that is for the prisoners in the order shall be...
To continue reading
Request your trial
-
Henry Edmund Taaffe, Esq., v The Right Hon. William Downes, Lord Chief Justice of the Court of King's Bench in Ireland
...3 Blac. Com. 41; 2 Inst. 55; Lamb. Eirenarcha, 12, 13, 579; 2 FIale's P.C., 5, 586; Dal-ton's Justice 117; Pickard v. Paiton, Siderfin, 276; Noy, 156 ; 2 Hawkins, 147-8, et 136; Lib. 2, sec. 20; Wilmot's Notes of Opinion, 81, 95, 101; Felton v. Darbey, Comb. 57; Smith v. Frazer, 1 W. Blac. ......
-
The Lord Comptons Case
...now he shall be bound in a recognisance to prosecute the robber ; but yet he shall have his action against the hundred, if he be not taken. NOY, 156. THE GRAND CASE OF THE HABEAS CORPUS 1117 6. The party robbed is not bound to lend his horse, to pursue the [156] thief, nor he himself is bou......
-
Wolnough's Case
...a habeas corpora, and the Attorney General prays time to maintain the return, the Court will admit the parties to bail. Post. 557. S. C. Noy, 156. 2 Hawk. P. C. 173. Wolnough and seven others were committed by the Mayor of London to Newgate for refusing to enter into recognizance to appear ......