The King against Doherty
| Jurisdiction | England & Wales |
| Judgment Date | 08 November 1810 |
| Date | 08 November 1810 |
| Court | Court of the King's Bench |
English Reports Citation: 104 E.R. 334
IN THE COURT OF KING'S BENCH
the king against doherty. Wednesday, Nov. 8tb, 1810. One against whom articles of the peace are exhibited is not entitled to read affidavits on his own behalf, in contradiction of the facts sworn to against him in such articles. Articles of the peace having been exhibited against the defendant by his wife, process issued thereon to enforce appearance: and when he appeared in Court .with his sureties on this day, Marryatt, on his behalf, tendered affidavits to the Court in contradiction of the facts sworn to in the articles, for the purpose of discharging them; contending that as the stat. 21 Jac. 1, c. 8, requires the causes for which such articles are exhibited to be declared in writing upon oath, and enacts that " if it shall afterwards appear to either of the said Courts, (of Chancery or King's Bench,) that the cause expressed in such writing, or any one of them, be untrue," the Court may award costs and damages to the party grieved; it necessarily gives them jurisdiction to enquire into the truth of the charge. And though he admitted that affidavits in contradiction of articles of the peace were refused to be received in Lord Vane's [172] case (a)2, as contrary to the practice of the Court on these occasions; yet, he said, that (a)1 'Dimsdale v. Neilson, 2 East, 406. (b) Holland v. Sladen, cited in Binns v. Morgan, H East, 413. (a)2 2 Stra. 1202. The following note of this ease from Mr. Ford's MS. is more full. Lord Vane's case, H. 17 Geo. 2. Where a person exhibits articles of the peace and swears that her life is in danger, the truth of the facts cannot be controverted. Lady Vane exhibited articles of the peace against her husband the Lord Vane, propter ssevitiam : and in the articles it was charged, that in 1737 a suit was preferred by her in the Spiritual Court for a separation by reason of cruelty. That in order to put an end to all differences between her and my lord, articles of agreement were entered into and duly executed, whereby she agreed to return to and cohabit with him; and he covenanted that in case she desired to live separate, he would not molest her. That she accordingly did return and live with my lord; but that upon continuing his cruel usage she was obliged to leave him, and separate herself from him according to the articles. That about Christmas, 1742, she was seized by five of my lord's servants, and by force carried to his house...
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