The Protector and Craford
| 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. 859
UPPER BENCH COURT AT WESTMINSTER
sherlock. Trin. 1655. Bane. sup. Rot. 1320, or 1315-Error by an infant to reverse a fine. One Sherelock a widow of the parish of Earth in Sussex, an infant, brought writ of error to reverse a fine levied by her of her lands whilst she was a covert baron, and the Court was moved that she might have a guardian assigned her to prosecute for her, and that she might be inspected by the Court, and that the inspection might be recorded; and there was an affidavit made by one in Court, that he knew the infant who was there present, and the time of her birth and baptizing, and swore the times precisely ; the church book was also produced in Court, and proved by [457] oath, wherein the time of her baptizing was entred, and that she was the same person upon which she had by her own election Attwood an attorney of this Court assigned for her guardian, and the affidavits were ordered by the Court to be recorded, and the inspection to be entred, and a scire facias awarded against the heir. the protector and craford. Trin. 1655. Baric, sup. A mandamus to restore one to an ushers place in a free-school, and the return and exceptions to it. Vpon a return of a mandamus directed to the Master and Fellows of Gonvile and Cayus Colledge in Cambridge, to restore one to an ushers place of a free-school in Cambridge, of which they are visiters. It was excepted against it, that they had nob shewed that they had any authority to deprive the party of his place; and 21y. It doth not appear that they gave him any notice of their proceedings against him, whereby he might prepare to defend himself. Serjeant Twisden made question whether a mandamus did lie in this case, because a schoolmasters place is a temporal office, and an'action at the law lies for the party to recover it, and therefore it seema a mandamus, which is an extraordinary course ought not to be granted, and he cited 8 Ass. and Sir lames Bags case, and Dyer 209. and said it is not like an office without fee. Latch on the other side answered the mandamus is allowed already, and the legality of it is not now to be disputed, and Sir lames Sags case is not repugnant to this ease, for this is a publique office, and not a private, and tends much to the publique good, and is like to the case of an alderman, or freeman of a corporation, or a fellow of a college. Glyn Chief lustice, A mandamus to restore one to a church- 860...
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