A. brings trespass vi and armis against B. B. is condemned in damages in the time of one King, who demises ; upon the coronation of the new King there was a pardon of this fine ; after four years the defendant was taken by a capias pro fine: for the King : upon a petition to the King in this case he shall be discharged; and shall not be in executiori for the plaintiff, although he should pray it ; for the capias pro fine issued erroneously after a pardon ; and he cannot be in execution at the suit, and upon the prayer of the party in this case, neither after the year is ended, nor within the year ; for the reason aforesaid.
By all the judges of England.
Citations:
[1220] EngR 23, (1220-1623) Jenk 169, (1220) 145 ER 110 (D)
Links:
Litigation Practice
Updated: 18 May 2022; Ref: scu.460935
