xample of a case of common law decided by Court of King's
Bench is Russell's Case (1482) as follows:
In the king's bench one Thomas Russell and Alice his wife brought
a writ of trespass for goods taken from Alice while she was
single. The defendant appeared and pleaded not guilty but was
found guilty by a jury at nisi prius, which assessed the damages
at 20 pounds. Before the case was next to be heard in the King's
Court an injunction issued out of the Chancery to the plaintiffs
not to proceed to judgment, on pain of 100 pounds, and for a long
time judgment was not asked for. Then Hussey CJKB. asked Spelman
and Fincham, who appeared for the plaintiff if they wanted to ask
for judgment according to the verdict. Fincham [P]: We would ask
for judgment, except for fear of the penalty provided for in the
injunction, for fear that our client will be imprisoned by the
Chancellor if he disobeys. Fairfax, JKB: He can ask for judgment
in spite of the injunction, for if it is addressed to the
plaintiff his attorney can ask for judgment, and vice versa.
Hussey, CJKB: We have consulted together on this matter among
ourselves and we see no harm which can come to the plaintiff if he
proceeds to judgment. The law will not make him pay the penalty
provided in the injunction. If the Chancellor wants to imprison
him he must send him to the Fleet Prison, and, as soon as you are
there you will inform us and we shall issue a habeas corpus
returnable before us, and when you appear before us we shall
discharge you, so you will not come to much harm, and we shall do
all we can for you. Nevertheless, Fairfax said he would go to the
Chancellor and ask him if he would discharge the injunction. And
they asked for judgment and it was held that they should recover
their damages as assessed by the jury, but they would not give
judgment for damages caused by the vexation the plaintiff suffered
through the Chancery injunction. And they said that if the
Chancellor would not discharge the injunction, they would give
judgment if the plaintiff would ask for it.
An example of a petition to chancery in the 15th century is
Hulkere v. Alcote, as follows:
To the right reverend father in God and gracious lord bishop of
Bath, chancellor of England, your poor and continual bedwoman Lucy
Hulkere, widow of Westminster, most meekly and piteously
beseeches: that whereas she has sued for many years in the King's
Bench and in the Common Pleas for withholding dive
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