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cause_n action_n bring_v case_n 1,979 5 6.5772 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A35579 Some animadversions on a case inserted in a book lately printed entituled Modern reports, or, Select cases adjudged in the courts of Kings-Bench, Chancery, Common Pleas, and Exchequer, since the restauration of His Majesty King Charles the Second. L. C. 1682 (1682) Wing C83; ESTC R35824 9,662 13

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some Papers or Writings at his House which was some miles distant from Exeter which he must needs go thither to peruse and this Deponent desiring him to forbear going thither the said George Reynel said he must go home to see some Writings for the helping of him in the Testimony he was to give at the Assises for the days and times the things were done and this Deponent perceiving he was resolved to go to his House and this Deponent being not able to resist him nor to dissuade him from it was forc'd to give him good words for fear he should run quite away but notwithstanding the said Reynel did depart from him towards his own House he being then sick and on the way several Pimples broak out upon his hands and face which he thought were some heats And this Deponent upon his Oath deposeth that upon his the said George Reynel departing from Exeter he this Deponent did immediately follow him but when they came to the said George Reynel his House the said Reynel was their immediately taken very sick of the Small-pox insomuch that he could not be removed and there in the time of the Assises died of the Small-pox in the Custody of this Deponent his Keeper this Deponent being in the House all the time he lay sick and this Deponent farther deposeth that the Judge of Assise at Exeter being informed of the death of the said Reynel did thereupon order the Body of the said Reynel to be brought up to the Kings-Bench Prison which was done accordingly and there after an Inquisition taken by the Coroner he the said Reynel was buried in St. George his Church in Southwark at the Charge of M. Mosdel The Depositions of Thomas Hodgkin Gent. Who deposeth that George Reynel was not suffered to go abroad but by rule of Court or habeas Corpus and this Deponent is well assured that the said George Reynel was a true Prisoner and that he did never to this Deponents knowledge go abroad but by rule of Court or habeas Corpus the which this Deponent is the better able to depose for that he this Deponent was a Prisoner in the Custody of the Marshal at the same time that he the said George Reynel was and was very much conversant with him and this Deponent farther deposeth that the said George Reynel during the time of his Imprisonment was in want of money and knows that he did borrow money for Necessaries whilst he was in Prison of one Mr. Marshal Others and this Deponent farther deposeth that he was present at the Tryal for the Escape of the said Reynel and this Deponent did conceive and apprehend that the Escape upon which the Verdict then passed against the Marshal was only upon the going of the said Reynel from the place where the Assises were to be kept and his dying of the Small-pox and this Deponent doth verily believe that the Plaintiff now defendant as the Case truly is could not be damnified a farthing by the Escape this Deponent farther saith that the Lord Chief Justice did declare openly in Court in regard it was an action of debt and could not be separated by the strict Rules of Law that it was a very hard Case on the Marshal and very much pittied him he the said Lord Chief Justice declaring that he would not be the better by six pence for any such recovery if it were his Case least it should prove a Canker to his whole Estate and the other Judges were much troubled for the Marshal by reason it was a hard Case on him And this Deponent farther saith that he doth remember that he heard Mr. Serjeant Maynard who was of Counsel for the Plaintiff now Defendant declare that he did not nor could not charge the Marshal with any corruption in his Office The Depositions of John Marshal Merchant Who deposeth that he did know George Reynel of Malstone in the county of Devon Esq whilst he was a Prisoner in the custody of Mr. Mosdel and this Deponent doth know that the said Reynel was kept a Prisoner very strictly and was not suffered to go abroad but by habeas Corpus or rule of court in Term time and he farther deposeth that the said Reynel during his Imprisonment was a very necessitous Person and in want of money to maintain himself with Necessaries and this Deponent farther saith that he was at the Tryal of the cause for the Escape of the said Reynel and he doth well remember that the Lord Chief Justice did declare and say it was a hard case upon the said Mr. Mosdel and afterwards did declare that it was so hard a case that if it were his own he would not be six pence the better by bringing such an action The Depositions of Joseph Stretch Clerk aged Seven and Thirty Years or thereabouts Who deposeth that he was present at the Tryal of the Cause against Mr. Mosdel for the Escape of Reynel and did apprehend that the Escape upon which the Verdict passed against M. Mosdel was only the going of the said Reynel out of Exeter and his dying of the Small-pox during the time of the Assises and this Deponent doth not believe that the Lady Lutterel as the case truly is could be damnified by the said Escape and this Deponent doth remember that the Lord Chief Justice did two or three times openly declare in Court at the Tryal that it was a hard case and also did declare and say that if it were his debt he would not receive six pence for fear it should canker his Estate or to that or the like effect and this Deponent farther deposeth that Mr. Serjeant Maynard who was of Counsel with the Lady did declare in open Court that he did not nor could not charge the said Mr. Mosdel with any corruption in his Office or to that effect The Depositions of Tho. Chelsam Gent. Who deposeth that he was present at the Tryal of the Cause against Mr. Mosdel for the Escape of Reynel and doth remember that the Judges did declare that it was a hard case and particularly the Lord Chief Justice did declare that it was a hard case and said that if it were his case and he should recover a Verdict he would not be any thing the better for it or to that effect and this Deponent saith that several of the Jury as this Deponent was informed by them were much troubled and did weep when they concluded to give in their Verdict against Mr. Mosdel by reason the case was so hard upon him and to consider that a man should be ruined upon so great a strictness in the Law and that they hoped the Plaintiff would not be extream with the Defendant Mr. Mosdel but would accept of some small matter from him There are several other Depositions made by several other Persons in the High Court of Chancery to the same purpose and effect which would be too tedious to insert I hope these will be sufficient to satisfie any