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![handle is hein.slavery/ssactsengr0958 and id is 1 raw text is: 530 HILARY TERM, 3 WILLIAM AND MARY. IN B. R. 1 SHOW. X. B. 190.
that the said goods, by reason of stay there, [190] were exposed to manifest and
undoubted peril of captures and spoliations by the barbarous inhabitants aforesaid;
that the defendant knowing the premisses and maliciously intending to deprive the
said plaintiff and G. N. and J. P. of all means for transporting the said goods and all
profits of the same, and the same to expose to the rapines and spoliations aforesaid,
did with force and arms take the said ship, and carry her to places unknown, &c.
by reason whereof the goods necessarily remained there, and thereby by reason of
captures and spoliations aforesaid, the goods were spoiled, damnified and utterly lost
ad damnum of the plaintiff ten thousand pounds. The same plea as above pleaded;
the same demurrer ; and the same judgment for the plaintiff.
CASE 140. THE KING against TAYLER.
An indictment for perjury on 5 Eliz. c. 9, must state that the offence was wilfully
and corruptly committed.-S. C. Skin. 403. S. C. Holt, 543.
Error on a judgment upon an indictment of perjury in Bristol. The indictment
is for a perjury before a commissioner for taking affidavits, concludes contra formam
statut. and doth not say voluntari , and therefore ill, 3 Inst. 167. Cro. Eliz. 147, 201.
-And the indictment is qui nec, &c. And for these errors it was reversed.
CASE 141. THE KING against YATES.
A person committed at Hull for high treason; cannot enter his prayer for trial in
the King's Bench; for the 31 Car. 2, c. 21, is to be taken respectively.-S. C.
Holt, 83.
The defendant was committed to the prison of Hull.
I moved to have his prayer entered, because it was for treason, that he might
be tried, &c.
Per Curiam. You cannot make a prayer here, because it is to be for the next
assizes for the place.
I urged, that it was in the disjunctive, and we might make our prayer either the
first day there, or the first week here.
Per Holt Chief Justice. It must be taken respectivd, for otherwise all the felons in
all the gaols in England must be discharged, for if they are committed just after the
assizes, and come higher, they must be bailed, if not indicted before the end of the
first term ; and if not tried the second, must be discharged ; and yet they cannot be
indicted but in the county where the offence was committed, which can never be
thought the intent of that Act (a).
[191] I urged the privilege of this Act, the liberty of the subject, the incon-
veniencies on the other side, that then a Secretary of State might send a man to
Hull or Canterbury where assizes are rare, and he is certainly a prisoner for a year
or two, which spoils the true intent of our law-makers, for then slavery would be as
rife as before the making of the Act. Then for the inconvenience objected, that
would be remedied by an equitable construction of the clause where the King's
witnesses cannot be ready. But per Curiam no relief for my client.
(a) The Habeas Corpus Act, 31 Car. 2, c. 2, s. 7, by which it is enacted, that if
any person who shall be committed for treason or felony plainly and specially
expressed in the warrant of commitment, upon his prayer or petition in open Court
the first week of the term, or the first day of the session of oyer and terminer, or
general gaol delivery, to be brought to his trial, shall not be indicted some time in
the next term, sessions of oyer and terminer and general gaol delivery, after such
commitment, the justices of the said Court shall, upon motion in open Court, the last
day of the term or sessions, set at liberty the prisoner upon bail, unless it appear
upon oath, that the witnesses for the King could not be produced the same term or
sessions: and if such prisoner upon his prayer, &c. shall not be indicted and tried
the second term or session he shall be discharged.](ViewImageLocal?handle=hein.slavery/ssactsengr0958&div=1&collection=&method=preview&ext=.png&size=3)