The King and Place
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1658 |
| Date | 01 January 1658 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 502
UPPER BENCH COURT AT WESTMINSTER
the king and plage. Pasc. 23 Bar. B. R. Error upon a judgement given upon an endietment for words. Place was endicted before the Lord Finch and Justice Crawley for speaking words against the Queen Mother of France, the words were these, The Queen Mother is the Whore of Babylon, she is a whore and hath had a bastard ; i pon this endietment judgement was given against the defendant. A writ of wrOr was brought in this Court to reverse the judgement; the errors assigned were, 1. That the proceedings upon this endietment were too speedy, and so illegal; for the whole proceedings upon it were acted in one day. 21y. The endietment lyes not, for it is founded upon the Statute of Scandalum Magnatum, and here can be no such great scandal, for that ia for words spoken of a peer of the realm, and the Queen Mother is not so. Sly. There is no capiatur upon the roll, as it ought to have been, the defendant being not in prison at the time of the judgement given. 41y. The judgement is that the defendant shall be imprisoned for a year without bail or mainprise, whereas he ought to be delivered upon paying his fine. Adjourned to the next term. pasc. 23 cab. banc. beg. Arest of judgment in debt upon a bill penal. An action of debt was brought upon a bill penal, and a verdict for the plaintiff. It was moved in arrest of judgement, that the plaintiff hath not shewed, that the defendant did not pay the mony at the day limited in the bill, but only says, rion solvit, &c. 21y. He declares, that the defendant was bound to pay such a sum legalis monetas, and doth not say Anglise, but the Court over-ruled both the exceptions, and ruled the plaintiff to take his judgement. [26] paso. 23 car. bang. keg. For a writ against a vill to make them keep their fences. Scire facias. Plea. A motion was mada by one town against another neighbour bordering town, for a writ to make them repair their feneea; and it was granted, but it was said by the Court, that the writ so granted should be but in the nature of a scire facias retornable in this Court, to enable them to plead to it, and not to compell them to do it without being admitted to plead. Notwithstanding the opinion of Noy Attoray General, and the old record of Ed. the 2ds time produced heretofore by him to strengthen it. Nota. trin. 23 car. bang. keg. To stay process for a deodand. A motion was made upon an affidavit to atay process out of this...
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