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 issuea 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.
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