RepositoryCheshire Record Office
LevelItem
ReferenceZCL/121
TitleCase papers
Date1767
DescriptionRex v. William Ridgway. a. Mayor and Citizens of Chester v. William Ridgway for engrossing wheat, upon an application on behalf of the Mayor and citizens to the Vice Chamberlain to supersede a writ of certiorari issued out of the Court of Session for removal of an indictment out of the City Courts and, in case that should be denied, then to move for a prohibition. Case for the Mayor and Citizens: that citizens need not obey writs for removing causes. Includes good account of the various city courts. 7ff. b. An earlier draft of a, with alterations, which have been incorporated in a. Endorsed with notes concerning infringements of the jurisdiction of the City, 1403-1767 and labelled 'For Mr Recorder to Peruse & Advise on'. 7ff. c. 15th Oct., 1767. Suggestion for a prohibition, from Thomas Astle, esq., Mayor of Chester, in the Court of Exchequer, Chester. Pleads that suits ought not to be removed from City Courts except by writ of the King of certiorari issuing out of the office of the Baron of the Court of Exchequer at Chester, and that upon special cause shown before the Chamberlain or his Vice-Chamberlain in the same court, before the issuing of such writ. Yet Roger Comberbach, Protonotary of the Court of Session of the County of Chester, on 12th Sept., 1767, issued a writ of certiorari out of his office of Protonotary of the Court of Session, directed to the Mayor of Chester and other J.Ps and to the clerk of the Peace of the City, stating that the King wished to be certified concerning the indictment of William Ridgway, yeoman, for ingrossing, 5 quarters of wheat. 3ff. d. Observations to be made to Mr. Jones on the motion for superseding the certiorari to remove the indictment against Ridgway. Endorsed: 'A state of facts shewing on the part of the preventer that original writs issue out of the Barons offices & that judicial writs issue out of the Prothonotary's office'. 2ff. e Two copies of order made in the Exchequer at Chester, 16th October, 1767, in City of Chester v. Ridgway. The certiorari to be set aside unless cause is shown on 27th November. 2ff. f n.d. Copy of Mr. Brock's letter to Messrs. Coulthurst and Gordon concerning writs. 2ff. g 16th November, 1767. Copy of Mr. Brock's letter to Messrs. Coulthurst and Gordon. States that as the writ of certiorari issued by the Prothonotary was the first of its kind to remove any Crown prosecution, they moved the Vice-Chamberlain to supersede the writ. Encloses the order he made. Encloses extracts out of the Prothonotary's office, and asks him to deliver copies to Mr. Jones of Lincoln's Inn one of their Counsel, and to the Vice-Chamberlain 1f. h 19th November, 1767. Notes on cases t. Charles I - George.II received from Mr. Brock by Mr. Jones to be used on the part of the prosecutor. 2ff. i 6th December, 1767. Letter from Edward Salusbury Jones, from Lincoln's Inn, to Thomas Brock, Esq. at Chester, He informs him that the Vice-Chamberlain has been prevailed upon to supersede the writ, but that Mr. Philpot, the defendant's agent, has moved the Chief Justice for another writ. Asks concerning various facts in the case. 2ff. j 7th December, 1767. Letter from Coulthurst and Gordon, Chancery Lane, to Thomas Brock, Esq. at Chester. Concerning the affidavit of Mr. Philpot, defendant's agent, in which it is sworn that the Treasurers of the Corporation are the prosecutors and that an impartial trial cannot be had in the City. 2ff
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