Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	lord_n	treasurer_n	3,143	5	10.7684	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80192	The Second part of Modern reports, being a collection of several special cases most of them adjudged in the Court of Common Pleas, in the 26, 27, 28, 29, & 30th years of the reign of King Charles II. when Sir. Fra. North was Chief Justice of the said court. : To which are added, several select cases in the Courts of Chancery, King's-Bench, and Exchequer in the said years. / Carefully collected by a learned hand.	Colquitt, Anthony.; Washington, Joseph, d. 1694.; Great Britain. Court of Exchequer.; England and Wales. Court of Common Pleas.; England and Wales. Court of Chancery.; England and Wales. Court of King's Bench.	1698 (1698)	Wing C5416; ESTC R171454	291,993	354

The Second PART OF Modern Reports BEING A COLLECTION Of Several SPECIAL CASES Most of them ADJUDGED in the COURT OF Common Pleas In the 26 27 28 29 30th Years of the Reign OF King Charles II. When Sir Fra. North was Chief Justice of the said Court. To which are added Several select CASES in the Courts of Chancery Kings-Bench and Exchequer in the said Years Carefully Collected by a Learned Hand LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for Charles Harper at the Flower de Luce over against St. Dunstans Church in Fleetstreet 1698. TO THE Right Honourable JOHN Lord SOMERS Baron of Evesham Lord High Chancellor OF ENGLAND My Lord WHEN both the Favour and Severity of the Laws were by partial and unusual Methods applyed to the Persons and not to the Cases of the accused when the Life and Honour of an unfortunate Man depended on the Arbitrary Dictates of some Men in Authority and when the Sentence pronounced was more Criminal than the Offence of which the Party was too easily convicted then was your Lordship as far from any Advancement to a judicial Office as your Judgment and Inclinations were from the Approbation of such Proceedings But no sooner were places of Honour and Profit in the Law made the unsought Rewards of good and learned Men but your Lordships Merits entituled you to both whose Moderation and Temper will make your Administration just and easie in that honourable Court to which Fortune had no share in your Promotion and whose natural Abilities are so improved by a continued and inflexible Study that your Knowledge is not alone confined to the municipal Laws of this Nation but is generally extensive to all humane Learning What Services may not a Prince expect from the Wisdom and Vigilancy of such a Counsellor And what Benefit may not a divided People find by your equal Dispensation of Justice who if they can be united in any thing it must be in the general Satisfaction which all have in your Promotion because they know those Causes which come before your Lordship will receive a due Hearing and Attention without Passion or Prejudice to Persons such Emotions being as much beneath the Greatness of your Lordships Mind as they are beyond the Duty of Justice and fit only for such who will neither be guided by the Rules of Equity or Reason so true is that Saying Utitur animi motu qui uti ratione non potest The Respect which is due to the Office of Magistrates challengeth an universal Obedience but that particular Affection and Esteem which we have for their Persons is due only to their Vertues and Merits And such is that which I have and all Men especially those of my Profession ought to have for your Lordship and the present Judges in Westminster-Hall whose Learning and Integrity in judicial Determinations may bring the Laws nearer to Perfection and whose Examples are the just Commendation of the present and I hope will be the Imitation of succeeding Ages I could never understand the right meaning of that Sentence Boni Judicis est ampliare Jurisdictionem for if that be true then to what purpose were those Arguments at the Bar of the House of Peers against some late Judges for retaining Bills in Equity the subject Matter whereof was only tryable at the Common Law Such Complaints are now no more because your Lordship will not only support the Honour and Dignity of that Court wherein you preside in the Beauty of Order but will not enjoyn any other from exercising its proper Jurisdiction Thus will the Credit of the Laws of England be revived and Men will acquiesce under the legal Determinations of each Court very few Writs of Error will be brought for Error in Law because of the Justice and Stability of the Judgment in that Court wherein it was given and very few Appeals because your Lordship knows so well how to temper Equity with Justice that he must be a very angry Man who goes away dissatisfied with your Lordships Decree But since the Actions of Men in great Places are subject to the various Censures of Mankind if any prejudiced Person should revive those Disputes or quarrel at your Lordships Administration such Complaints would leave no other Impression upon the Minds of impartial Men than to convince them of the Wrong done to your Lordship and the Folly of such Misapprehensions My Lord I have prefixed your Lordships Name to this mean Performance taking this occasion to shew that great Honour and Respect which I have for your Lordship not that I am so vain to think any thing herein to be worthy of your Lordships Leisure neither do I think it Manners to beg your Lordships Patronage because a good Book will protect it self at all times and a bad one deserves no Protection I know few Books are either praised or perused but what are warranted by the common Repute and Esteem of the Writer which must be imputed to the Prejudice and Partiality of Men and which argues a Diffidence of our natural Parts as if we did not dare to make a right use of our own Judgments For this Reason I have concealed my Name that a Judgment may not be made of the Book by the Repute of the Writer But I hope your Lordship will not condemn my Ambition when I say I am not altogether unknown to your Lordship who am Your Lordships Most humble Servant J. W. Middle-Temple June 22. 1693. A TABLE OF THE NAMES OF THE CASES A. ABbot versus Rugely 307 Abraham versus Cunningham 146 Adams versus Adams 169 Addison versus Otway Mil 233 Alford versus Tatnel 49 Arris and Arris versus Stukley 260 After versus Mazeen 311 Astry versus Ballard 193 312 Atkins versus Bayles 267 Attorny General versus Read Mil 299 ........ versus Turner Mil 106 ....... versus Alston 247 Anonymus 7 17 62 94 100 100 167 199 206 279 293 306 314 316 317 B. BAilies Joan Case 315 Ballard versus Oddey 307 Barker versus Keat 249 Barker versus Warren 270 Barker versus Basket 200 Basset versus Salter 136 Beaver versus Lane 217 Bell versus Knight 182 Benson versus Idle 37 Beaumont versus ...... 140 Bill versus Nichol 246 Birch versus Wilson 274 Birch versus Lingen 316 Blackbourn versus Conset 304 Bridges versus Beddingfield 27 Brittam versus Charnock 286 Brook versus Turner Mil ' 170 Brown versus Johnson 145 Brown versus Waite 130 C. CAlthrop versus Phillips 217 Calthrop versus Heyton 54 Chapter of Southwel versus the Bishop of Lincoln 56 Cockram versus Welby 212 Columbel versus Columbel 77 Cook and others versus Herle 138 Cooper versus Hawkeswel 58 Crosier versus Tomlinson Executor 71 Crossman versus Churchil Mil ' 97 Crowder versus Goodwin 58 Curtio versus Bourn 61 Curtis versus Davenant 8 D. DAshwood versus Cooper 283 Dawes versus Sir Paul Pindar 45 Daws versus Harrison 65 Dorchester's Marquess of Case 215 Dunning

Cases of like nature and since 't is purely remedial such a Construction ought to be made as may most advance the remedy 2 Inst 466. In the Case of Morse and Slue lately in this Court 1 Ventr 191 238. the Question was whether a Master of a Ship should be charged upon the Common Custom of England for negligently keeping Merchants Goods And adjudged that he was though robbed Lex Mercatoria makes a provision for it for the remedy against the Master is most direct and immediate that against the Owner is collateral in favour of the Merchant to whom datur electio and therefore that the Interest of the Merchant might be served the Law in that case provides a double Remedy And in Linwood lib. 3. De Clerico non residente f. 73. verbo Vicarius 't is said that in the same Church there may be a Rector and a Vicar and the Cure of the Church may be divided between them the Vicar is not the Deputy of the Rector but hath a distinct Office from him and as the Temporalities of the Vicar are but a derivation from the Benefice of the Rector so his Cure is derived from that of the Rector also In like manner Duckenfield here is not a Deputy to the Defendant but an immediate and proper Officer and the habitual care and custody is in him which is enough to bring him within the Rule of Respondeat Superior These Instances were given because this is not only a Maxim in England but is of Foreign production and adapted to the Rule of Common Law Vide Bracton Fleta Selden The Statute de Scaccario 51 H. 3. Enacts That if any man be received into Office in the Exchequer without the Treasurer's Licence or if he hath such Licence and doth Trespass he shall be punished according to his Trespass if he have whereof and if he have not then he who put him in the Office shall be charged and if he be not sufficient his Superiour shall be charged so that they shall all answer in their several Stations And this Statute was made in affirmance of the Common Law if therefore the Superiour of a Superior should answer why shall not the Defendant in this case answer for his substitute for though the Warden is not sworn to appoint one who is sufficient to satisfie he is bound to do it and 't is no argument to say that he is discharged because Duckenfield was appointed by the Court for that is a work of supererrogation which is left in the discretion of the Court and may be done or omitted as they shall think necessary but is not conclusive 39 H. 6. 34. especially since the Iury have not found that the Court took any examination whether he was sufficient or not but that he had forfeited his Office having wilfully suffered a Prisoner to Escape and then the Defendant is or may be the actual Officer and having taken Security ought to be charged Sir William Jones who argued on the other side Ex parte Def. before he spoke to the Case endeavoured to remove a doubt upon the Special Verdict which found that the Defendant had taken Security from Duckenfield to indempnifie him from Escapes This says he might be an Argument at a Nisi Prius to induce a Iury to find Damages but could not make a Man chargeable who was not so before 2. Though the Defendant had a Covenant from Duckenfield to pay 1500 l. per annum to him yet that will not make him more lyable than if nothing had been to be paid neither did he lay any weight upon it that the Defendant had any notice of the insufficiency of Duckenfield for if he is chargeable he is bound to take notice at his peril and no Body can believe that the Court of Common Pleas is chargeable for that was mentioned in the Argument for the Plaintiff that the Superior of a Superior shall be charged where he is insufficient neither did he insist upon the Rule in the Common Pleas by which Duckenfield was admitted but he considered 1. Whether the Defendant was chargeable by the Statute of Westm 2. cap. 11. 2. If he could clear him from that Statute whether he was chargeable at the Common Law or by any other Statute And he said that he was not chargeable by the Statute of Westm 2. which gives an Action of Debt against the Gaoler for an Escape Many Authorities might be cited to prove that where a Man is in Execution on an Action of Debt that such an Execution is not within that Statute 7 H. 6. 5. Bro. tit Escape pl. 9. Pl. Com. 35. It was doubtful there how a Gaoler became chargeable for the Escape of a Man who was in Execution for Debt but were he in Execution for Matter of Accompt he is chargeable by the express Words of the Statute which are Caveat sibi Vicecomes Custos Gaolae and the Parliament in 1 R. 2. did not think the Warden chargeable for if they did to what purpose was it to make the Warden of the Fleet lyable to an Action of Debt for an Escape of a Man in Execution for Debt if he was chargeadle before by that Statute of Westm 2 This was urged to shew that at that time it was not clear But because there are Authorities that seem another way he did not affirm or deny it after such varieties of Opinions but procéeded to argue these two Points 1. That the Rule of Respondeat Superior doth not extend to this Case 2. That a Reversioner is not a Superior Postea 1. The Statute de Donis is by some called the Statute of great Men because the intent of it was for the preservation of their Estates and this Statute being made in the same * 13 Ed. 1. year seems also to have a particular regard to the Lord to give him a quick and more severe remedy against his Servant and Bayliff than he had before for it makes him in effect his own Iudge against him in Cases of Accompt because it gives him Authority to assign Auditors and such as he appoints must stand and the Servant has no remedy but by Writ * F. N. B. 129. ex parte talis in the Exchequer yet no Man ever thought that by the Equity of this Statute the same may be done in an Action of Debt and therefore the difference in the Proceedings between Actions of Accompt and Debt seems to imply that an Action of Debt is not within the Rule of Respondeat Superior 2. There is a great difference betweén the Restraint of Prisosoners in Execution for Debt and those who are imprisoned by this Act for Arrear of Rent which directs that they shall be arrested c. carceri mancipentur in ferris but this the Gaoler could not have done at the Common Law neither was it ever practised or allowed by the Law that a Prisoner should be so used who is in Execution for Debt unless he be