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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61918	Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...	England and Wales. Court of King's Bench.; Style, William, 1603-1679.; Rolle, Henry, 1589?-1656.	1658 (1658)	Wing S6099; ESTC R7640	612,597	542

altogether a drone for so many years together in so famous a Society amidst so many learned men to the dishonour thereof and to my one reproach I did at last resolve notwithstanding the unavoidable censures which I was confident I should meet withal what ever I have or could say to avoid them to give way to this publication of them even in this age wherein most of the Cases and matters herein reported are yet fresh I suppose in the memories of many who may easily trace me where ever I step awry But I hope to find them not only just in vindicating of me in that which I have truely and faithfully reported but also favourable in censuring and passing by those slips and misprisions they may herein meet withall caused either by the Printers negligence or my own misapprehension of the sense of the matters and things delivered and spoken unto and the rather in regard that I have endeavoured as neer as I could to render things in the same expressions they were first uttered that so I might as much as might be avoid the danger of injuring of any herein concerned by putting another sense upon them than what they intended and this as it was the old way so I conceive what ever may be objected to the contrary that it is the best and cleerest way of reporting For those that make it their businesse to censure and not to read or understand books I shall say nothing to them but leave them to abound in their one sense if they have any and to please themselves with their own phansies I have made these Reports speak English not that I believe they will be thereby generally more usefull for I have been always and yet am of opinion that that part of the Common Law which is in English hath only occasioned the making of unquiet spirits contentiously knowing and more apt to offend others than to defend themselves but I have done it in obedinece to authority and to stop the mouths of such of this English age who though they be as confusedly different in their Minds and Iudgements as the builders of Babel were in their languages yet do think it vain if not impious to speak or understand more than their own mother-tongue Some may peradventure Notwithstanding the reasons I have formerly offered for this my publication be ready to object that it was vain glory and a too confident boldnesse and high conceipt of mine own abilities that makes me thus appear in publique but those that know me I believe are of another opinion and dare clear me of this aspersion and well they may for the truth is I have alwayes been and yet am so naturally distrustful of my own parts that I fall far short of that necessary boldnesse which is requisite for every man to be armed withall in the excercising of publique employments and what losse I have suffered by the want of this I my self do best know and is not unknown to many some of whom have out of their well-wishes to me and others to my disparagement as they thought been pleased to take notice of it If any of the Cases and matters herein conteined seem common unto any and are to insipid to please their curious Palates let them passe them over It may be they may prove usefull to others and I doubt not but the most curious may find many things that may give them delight and satisfaction And in the farther vindication of these Reports I shall desire all to take notice that first these were most of them taken in unsetled times wherein the Law was almost at a stand and therefore it cannot be reasonably expected they should be so quick and full of matter as those that have been gathered when the Laws flowed in a more open and uninterrupted Chanell when the Courts of Iustice were full fraught with businesse and were in a more splendent and flourishing condition than in these latter times and next that this work is not a collection only of some choice Cases taken by several hands in all the Courts of Westminster but is only a continued narrative of the Cases and proceedings of the new upper Bench Court for 10 years together and taken by one only hand without the help or assistance of any other during which time I have omitted but little saving when by reason of sicknesse I was for a Term or two constrained to be absent And the more to encourage all to the perusall of them I dare affirm that there is much various matter contained in them different from what is to be found in other Reports taken in former years occasioned by the many alteration of the face of things and the changes of government happing at this time and also by reason of my constant observing inserting and interweaving of all the remarkable passages transacted on the Criminal side with those hapning on the Pleas side which in other Reports hath very sparingly at any time if at all been performed I have also for the Readers greater ease and benefit added hereunto three Alphabetical Tables the first containing the names of the several Cases a second containing the several general Heads or Titles under which the several matters dispersed through the whole book are properly digested and the third and last being a large Table particularly directing to the Page and Case wherein you may find the subject matter methodically ranged under those Heads or Titles And for your further and fuller satisfaction and making the Cases the cleerer proof and more authentical authority to be cited and given credit unto you have the number Rolles pref●ixed to most of those that are remarkable amongst them I might and would if I had thought it necessary have much enlarged these Reports and made the volume swell to a far greater bulk But my aim and endeavours have generally been to take the chief points only and substance of the matters arising and spoken unto and the rational parts of the arguments and authorities used and urged to inforce and prove what was surmised to be Law on either side and the grounds and authorities upon which the opinions and resolutions of the Court are framed and given and to passe by all the luxuriant flourishes of wit and the multiplying of Similary Cases to the Cases in question as serving more for the most part to prove the curious phansy much reading of the Arguer than the proof of the points of the cases in question or the satisfaction or information of the Auditors or Readers Iudgment and I have ever yet with submission to better Iudgements conceived this concise way of taking Reports to be farr more beneficial and delightful not only to the Reporter but also to those that shall read them then that long and tedious way wherein the truth is so overshadowed with multiplicity of words that it is very difficult through those Clowds to discover and behold her perfect beauty so well as when she appears bare-faced in

NARRATIONES MODERNAE OR MODERN REPORTS Begun in the now UPPER BENCH COURT AT VVESTMINSTER In the beginning of Hillary Term 21 Caroli and continued to the end of Michaelmas Term 1655. as well on the Criminall as on the Pleas side Most of which time the late Lord Chief Justice Roll gave the Rule there With necessary Tables for the ready finding out and making use of the matters contained in the whole Book And an Addition of the Number Rolls to most of the remarkable Cases By William Style of the Inner Temple Esquire Ut singulis prosim opto precor Nam Genus et proavos quae non fecimus ipsi Vix ea nostra voco Ovid Metamorph. lib. 13. LONDON Printed by F.L. for W. Lee D. Pakeman G. Bedel and C. Adams and are to be sold at their shops in Fleetstreet 1658. To the Honourable IOHN PARKER One of the BARONS Of his Highness the LORD PROTECTORS COVRT OF THE Publique Exchequer SIR IN pursuance of what I not long since intimated in the close of the Epistle Dedicatory prefixed to my Practical Register and in hopes of as favourable an acceptance of this tender of my respectfull service as you then pleased to afford my weak endeavours am I now encouraged to make this my second humble adress Though this be but a yonger brother in respect of its time of production yet in reference to its first conception growth parts I may justly say it far excels the elder birth and is much more fit to do your Honour and the Publique service and may be I conceive capable of as large if not of a greater measure of your favour and protection I will not be troublesome to you in relating the pains time I have taken and spent in this Collection and Publication but shal leave it to your judicious consideration How great soever they have been I repent me not but am in my self abundantly satisfied and do think it reward enough that I have thereby gained this opportunity to shew my continuing humble respects to your Honour and my willingness to be some way serviceable to others whatever I have been to my self in that Vocation God hath of his goodness been pleased to place me in and to give an Accompt to the World a thing which I hold every good Christian is bound to do of the expence of my time It may be objected that the Press hath been very fertile in this our Age and hath brought forth many if not too many births of this nature I must confess this Truth but how legitimate most of them are let the Learned judge This I am sure of there is not a father alive to own many of them and they speak so plain in the Language of Ashdod Neh. 13. v. 23. that a knowing man cannot believe they ever sprung from Israelitish Parents but by their pronouncing of Siboleth insteed of Shiboleth Jud. 12. v. 5. may easily collect of what extract they are What I here present you with is though a Homely yet a lawfull Issue and I dare call it mine own and that I believe I may do with as good a right as any ever might a work of the like nature having had as little if not less assistance from others in the bringing it forth as any that have travelled in this kind before me I am not so blindly fond or so opiniastre as to think it free from Errors and Misprisions I fear there may too many be found in it and no wonder for Humanum est errare labi decipi yet this I do knowingly aver that I have not herein ex proposito or willingly injured any but have been as studious and carefull in the penning of this my Collection to do right to every person concerned and to make the Truth appear clearly in its native colours as was possible at a throngued Bar to do Nor have I been less wanting in my best endeavours to prevent and correct the Errors of the Press though I must acknowledge my pains and care are not herein fully answered that it might appear in publick though not in so rich a Dress as to be a Companion for the best yet at least be by your favour suffered to pass as tollerable amidst the crowd of a multitude of Editions cloathed in as ill if not in a worse and more unbeseeming habit Inner Temple May the 17th 1658. Sir I am yours most obliged respectively to serve you WILLIAM STYLE To the Industrious and Ingenuous Professors and Students of the Common Laws of England but more particularly and affectionately to the Associates of the honourable Society of the Inner Temple GENTLEMEN FOr a more noble Epithite I know not how to give you the greatest best of men on earth being in truth no more These ensuing Reports were at first briefly taken by me in the Law-french without any thought of making other use of them then for my one privat satisfaction And they did for some time after lye so confusedly scattered in my note-Note-books that as they then lay they were altogether uselesse to any but my self and that not without much expence of time and great trouble so that what of them my unhappy memory could not retain which was not much was in a manner lost as wel to my self as unto others to remedy this inconvenience if I may so call it of the losse of my constant attendance pains for so many years together taken at the now upper Bench Bar with very litle profit either to others or my self than some small improvement of my knowledge in the practical part of the law and in pursuance of that antient Moral Axiome Omne agens agit propter aliquem sinem I was encouraged to continue my travail and expence of time in the gathering together transcribing and putting of them into that order and method you now behold them yet as then not having any intent or desire to make them publique but only more readily usefull to my self and such of my Friends and Acquaintance as should at any time desire to be satisfied in any thing I was able to impart unto them But this not answering the expectation and importunities of some of my neer relations and many of my intimate Friends and Acquaintance nor knowing into whose hands my papers might fall nor how my self and others be injured in the publishing of them after my decease which I was uncertain when it might happen and did believe it could not be many years off by reason of my declining years but more especially in respect of the weak and crasy constitution of my Body much macerated by sharp and tedious sicknesses and being willing to leave some testimony behind me that I have not slighted or wholy neglected my calling but have ever had an honourable esteem of it though I have hitherto reaped but little of that benefit which too too many do so eagerly hunt after but have been doing something therein and have not lived

is not within the Iurisdiction of the Court and so they cannot hold plea for it at Barnestable and the judgement was given upon a nihil dicit because the Plea being forein the Defendant would not swear it which in this case he is not bound to doe Roll chief Iustice If it appear by the Declaration that the money was to be paid out of the jurisdiction of the Court jurisdiction the Iudgement is not good and it is not necessary to swear the Plea if it appears upon the Obligation that the monies were to be paid out of the jurisdiction of the Court Plea and he plead payment according to the Condition Iudgement but if one will not swear a forein Plea where he ought to doe it the Plaintif may enter judgement upon a nihil dicit for such a forein Plea not sworn is no Plea upon the matter The Iudgement was reversed nisi c. Ley against Anderton Trin. 1650. Banc. sup Pasch 1650. rot 524. LEy brought a writ of Error to reverse a judgement given in the Common Pleas for Anderton in an Action of Debt upon an Obligation Error to reverse a judgement in debt upon an Obligation and Assigns for Error that the Obligor in the Obligation upon which the Action was brought made his wife his Executrix and dyed and that the wife being Executrix dyed intestate and that the Plaintif in the Action took administration of the goods and Chattels of the feme and brought the action of Debt upon an Obligation as Administrator to the wife whereas the Plaintif ought first to have taken Letters of Administration de bonis non administratis of the Testator and so to have brought his Action Administration To which the Court agreed and said it is a plain fault and reversed the Iudgement nisi c. Elsy against Mawdit Trin. 1650. Banc. sup ELsy brought an action of Assault and Battery against Mawdit an Attorny of this Court Whether the Hu●band must put in bail for his wife in assault and battery and his wife The Defendant Mawdit appeared in propria persona and his wife was in custodia and so the Plaintif declared against them the question here was whether Mawdit the Defendant ought not to put in bail for his wife Burrel of Councel with the Defendant argued that the Declaration was not good because that the Husband Mawdit ought to have put in bail for his Wife and cited Smith and Smiths case and Mich. 17 Car. Simon Fanshaws case and Dyer 377 a. and Brook title Privilege 353 a. and 9 rep Roll chief Iustice said he ought to put in bail therefore the Plaintif nil capiat per billam Bail because his Declaration is not good against her in Custodia The City of London against De roy Trin. 1650. Banc. sup LAtch shews for cause why a procedendo should not be granted to London against De roy Cause why a a procedendo should not be granted to London who upon a tryal against him was committed in London for using the Trade of a working Gold-smith and a working Ieweller not having served as an Apprentise to the Trade and was brought hither by a Habeas Corpus 1. That the Declaration is founded upon a By-law and that By-law is founded upon a Custom and if either the Custom or By-law be not good in all patts the Declaration is naught and here the Custom is certified in the negative and this is oppositum in subjecto and meerly contradictory in it self By-law 8 E. 3. 77. and the By-law also that is certified is not certain and it is also unreasonable for every stroke the Defendant strikes is using of his Trade and it is unreasonable he should pay five pound for every stroke 2ly The Declaration is not applied to the By-law upon which it is grounded for the doing of a thing one day is not using to doe it and the words diversis vicibus do not help it for they are not applyed to his working as a Ieweller but to his working as a Goldsmith only also it doth not appear who is to have the forfeiture for one third part of the fine set upon him and it is not said that he gained his living by the Trade or sale of the commodity wrought and the words of using it pro lucro et proficuo do not help it for it may be he uses it for his private use and that is to his profit though he sell not the commodity Next it is unreasonable that a stranger an Alfen shall be restrained by a By-law made 40 years ago Notice where of he had no notice and that by reason of such a Law he should be punished for doing a thing which the Common Law allows namely to get his own living It is also said Non existens liber homo usus est arte c. which are words very incertain for by the offence so expressed every Apprentice may be punished for working for an Apprentice is not Liber homo Maynard on the other side cited 5 E. 3. that a negative with an affirmative implyed is good and that it is exclusive of Strangers and inclusive of the Citizens And the offence is the matter not the time of the Defendants using the Trade it is also well designed in all points to what use the fine is to be put and if there be Error they ought to bring a writ of Error and to except to the Declaration And this case cannot be likened to an Apprentises working for he uses the Trade not for himself but his Masters benefit The Court desired books and adjourned it till the next Term. Custodes libert c. against White VVHite was outlawed in an Action of Trespass To reverse an Outlawry Abreviation It was moved to reverse the Outlawry because in the exigent it was Utlest being put for an abbreviation of utlagatus est and upon this exception it was reversed Disne against Grigson Trin. 1650. Banc. sup Hill 1649. rot 98. DIsne brought an Action of Debt upon an Obligation against Grigson Demurrer after an issue joyned the condition was for the payment of a certain sum of money upon the resignation of a living and a certain annual sum at two payments The Plaintif aseigns a breach in not paying such a sum at such a day upon this the issue was entred and after the Defendant demurs Roll chief Iustice The Defendant is a Mad-man and we cannot give Iudgement against him stay therefore till he is recovered Yet take your Iudgement nisi Iudgement Error c. for the other may bring his writ of Error if he will Nota. Bernard against Levit. Trin. 1650. Banc. sup BErnard brought a writ of Error against Levit to reverse a Iudgement given against him in the Common Pleas in an action upon the case for speaking these words of him Thou Bernard art a base fellow Error to reverse a judgement in an Action