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A85701 Legis fluvius or, The fountain of the law opened. Shewing the manner method, and forms of proceedings, and pleas on all actions and informations, grounded on all the new and old penal statutes; and the statute it self quoted, upon which every action depends. With presidents for the most usual indictmens : [sic] applicable to all courts of record. Being useful for all atturneys, clerks, and informers. / By A.G. A. G. 1657 (1657) Wing G2; Thomason E1647_1; ESTC R209091 51,574 151

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might keep the peace of God and of our said Lord the King and observe the Laws of this Land in this behalf provided having in his hands for his defence one Sword and one Dagger of the price of five shillings and himself then and there defending and for the safeguard of his life with his Sword and Dagger aforesaid the furious blows and strikeings of the said I. H. from the body of him the said I. H. defending and bearing off and him the said T. in no wise at all striking again but from him the said T. H. continually backwards from the common foot-way aforesaid then and there did fly And the said T. H. the fear of God then and there not having before his eyes but being seduced by the instigation wrath and malice of the Devil and the said I. H. to kill and murther intending him the said I. H. did then and there seriously follow until the said I. by flying backwards came to a certain corner against a certain hedge in the said place called B. neer the common foot-way aforesaid then and there being And because the said I. H. for the height of the said hedge then and there being and growing could not any other ways escape without danger of sudden death the said I. H. then and there with his Sword and Dagger aforesaid in defending himself and for the safegard of his life and of inevitable necessity with his Sword aforesaid did stretch a blow towards the said T. H. And him the said T. by the blow aforesaid with the Sword aforesaid upon his left arm and from his left arm aforesaid sliding down upon the belly also of the said T. with his Sword aforesaid then and there did smite and two several wounds to wit one wound upon his left arm aforesaid of the length of three fingers and in breadth and depth half a finger and one other wound upon the belly of the said T. half a finger broad one finger long and two fingers deep then and there to him did give of which said wounds the said T. H. from the aforesaid hour of two a clock in the after noon of the same day c. until six a clock in the afternoon of the thirtieth day of September aforesaid at S. aforesaid did languish in which hour being the sixth hour after noon of the said thirtieth day of Septem aforesaid in the year c. the said T. H. at S. aforesaid died And the said Jurors do say upon their Oaths That the said I. H. the day hour year and place abovesaid the said T. H. with his Sword abovesaid and by the blow aforesaid in his own defense and for the safety of his life and out of inevitable necessity did kill and that so and no otherwise the said T. came to his death And also the Jurors aforesaid say upon their Oath That the said I. H. the day and year abovesaid had no Goods nor Chattels c. For Murther upon view of the Body K. ss OTherwise to wit the first day of May in the year c. by a certain Inquisition indented taken at W. in the County aforesaid before E. H. one of the Coroners of our said Lord the King of the County aforesaid upon view of the Body of I. H. late of W. aforesaid Husbandman lying dead and slain then and there at W. aforesaid by the Oath of twelve Jurors good and lawful men of W. aforesaid and three other Villages to the said Village of W. aforesaid next adjacent as the manner and custom is who being sworn and charged to inquire how in what manner and when the said I. H. came to his death upon their Oath aforesaid say That on Saturday to wit the twenty fifth day of c. between the hours of nine and eleven before noon of the same day the said I. H. being at W. aforesaid in the Kings high-way leading from W. aforesaid towards D. in the County aforesaid in the peace of God and of our said Lord the King one V. G. late of W. aforesaid Gentleman into the said Kings high-way then and there came And the said V. G. not having the fear of God before his eyes but the malice and instigation of the Devil him seducing and thereunto moving then and there to wit the said twenty fifth day of April in the year abovesaid with force and arms pursuing the said I. H. with a certain Sword feloniously drawn as a felon of our said Lord the King voluntarily and of his malice forethought did make an assault in and upon the aforesaid J. H. and the aforesaid V. G. with a Sword aforesaid of Iron and Steel of the value of twelve pence which the said V. G. in his right hand then and there had and held drawn feloniously and of his malice aforesaid the said J. H. then and there did smite and wound and gave to the said J. H. then and there feloniously and of his malice fore-thought with the Sword aforesaid one deadly wound in and upon the right part of his right thigh of the length of three fingers and of the depth of two fingers and a half of which said deadly wound in the form aforesaid given the said J. H. from the aforesaid 25 day of April in the yeer aforesaid until the 30 day of the said month of April at W. aforesaid in the County aforesaid did languish and live languishing on which said 30 day of April in the yeer c. abovesaid the said J. H. at W. aforesaid in the County of K. aforesaid of the mortal wound aforesaid died and so the Jurors aforesaid upon their Oath aforesaid do say that the said V. G. late of W. aforesaid Gent. the said 30 day of April in the yeer c. abovesaid at W. aforesaid in the County aforesaid the aforesaid J. H. in manner and form aforesaid of his malice forethought feloniously and voluntarily did kill and murder against the peace c. And furthermore the said Jurors do say upon their Oath aforesaid that the said V. G. after the felony and murder aforesaid by the said V. in manner and form aforesaid done and committed then and there did flie away and withdrew himself to places to the Jurors aforesaid unknown and what Goods and Chattels Lands or Tenements he had at the time of the Felony and Murder aforesaid by him in the manner and form aforesaid done and committed or now hath the Jurors are altogether ignorant In witness whereof as well the said Coronor as the Jurors aforesaid have to this Inquisition indented interchangeably put their Seals dated the day and yeer abovesaid Which said Indictment the said Lord the King for certain causes now afterwards hath caused to come before him to be determined c. The Capias in Murder WHereby it was commanded the Sheriff that he should not omit c. but that he take him c. to answer c. A Presentment for a Nusance for not repairing of the High-way Middl. ss
of the now Lord the King And the said J. immediately after the said Felony and Robbery aforesaid committed at C. neer the said Hundreds of L. and C. did make Hue and Cry of the said Robbery and there did give notice to the Inhabitants of the said Town of C. of the Robbery aforesaid And after the said Robbery was committed and within twenty dayes before the day of the suing forth of this Original Writ by the said J. the said John before R. G. Esquire then one of the Justices of the Lord the King to keep the Peace in the said County of G. assigned within the Hundred of C. was examined upon his Corporal Oath according to the form of the Statute in the twenty seventh yeer of the reign of Elizabeth late Queen of England made and provided and the said John upon his Oath aforesaid did then say That he knew not the party which did the Robbery aforesaid And after the robbery aforesaid 40 days are now past And the said Inhabitants of the Hundred aforesaid satisfaction of the robbery aforesaid to the said John hitherto have not made neither have they taken the Body of the Felon Malefactor aforesaid nor for his Body hitherto have answered but the Felon aforesaid have permitted to escape in contempt of the said Lord the King and to the great damage of the said J. and against the form of the Statute of the thirteenth yeer of the reign of Edward the first aforesaid late King of England made and provided c. And whereupon the said John who as well c. by H. W. his Attorney complaineth That whereas a certain Malefactor to the said John unknown the 15 day of M. in the yeer c. with force and arms that is to say with Swords Staves and Knives in and upon the said J. at T. aforesaid in the Division of the Hundreds aforesaid did make an assault and three shillings and four pence of the money of the said J. in money numbred and one Gelding of the said J. of the price c. and other Goods and Chattels that is to say one Bridle c. there found feloniously from the said John did take and carry away against the peace c. And the said John immediately after the Felony and Robery aforesaid committed at C. neer the said Hundreds of L. and C. did make Hue and Cry of the Robbery aforesaid And notice of the Robbery aforesaid to the Inhabitants of the said Village did then give and after the said Robbery committed and within twenty days before the day of the suing forth of the Original Writ aforesaid that is to say the 26 day of Ianuary in the fourth yeer of the raign of our Lord the King c. the aforesaid J. before R. G. Esquire then one of the Justices assigned to keep the Peace c. inhabiting neer the aforesaid Hundreds of C. and L. to wit at B. in the aforesaid County of G. was examined upon his Corporal Oath according to the form of the Statute aforesaid in the twenty seventh yeer of the raign of the late Queen Elizabeth aforesaid made and provided And the said Iohn upon his Oath aforesaid then said That he knew not the party which did the Robbery aforesaid that forty days are past since the Robbery aforesaid Nevertheless the Inhabitants of the Hundreds aforesaid satisfaction for the Robbery aforesaid to the said Iohn have not made neither have they taken the body of the Felon and Malefactor aforesaid nor for his Body hitherto have not answered but the Felon and Robber aforesaid have permitted to escape in contempt of the said Lord c. and to the great damage of the said Iohn and against the form of the Statute in the thirteenth yeer aforesaid of the said late King Edward the first made and provided Whereby he saith That he is the worse and hath damage to the value of forty pounds and thereupon he brings his suit c. And the Inhabitants aforesaid by R. S. their Attorney come and defend the force and injury when c. and whatsoever c. and say That they are in nothing guilty of the Premises above imposed upon them against the form of the Statute aforesaid as the said Iohn who c. above complaineth against them and of this they put themselves upon the Country and the said Iohn likewise And hereupon the said Iohn saith That the Inhabitants in the aforesaid Hundreds of L. and C. aforesaid are the parties Defendants against whom the said Iohn who as well c. in form aforesaid above complaineth and for that cause he prayeth a Writ of the said Lord the King to the Sheriff of the County aforesaid to be directed to cause to come here twelve c. of the Visne of the Hundred of B. in the County aforesaid for that because the said Hundred of B. is the next Hundred in the County aforesaid adjacent to the aforesaid Hundreds of L. and C. to try the issue aforesaid above in the form aforesaid joyned and because the Inhabitants of the Hundreds of L. and C. aforesaid do not this contradict it is granted unto him c. Therefore it is commanded the Sheriff that he cause to come here from the day of the holy Trinity in three weeks twelve c. of the Visne of the aforesaid Hundred of B. by whom c. and who neither c. to recognize c. because as well c. at which day the Jurors between the parties aforesaid of the Plea aforesaid was respited between them here until this day to wit in eight dayes of St. Michael then next following unless the Justices of our Lord the King assigned to take the Assizes in the County aforesaid according to the form of the Statute on Monday the 20 day of Iuly next following at G. in the County aforesaid should first come And now here at this day came the aforesaid J. by his Attorney aforesaid and the said Justices of Assize before whom c. sent here their Record in these words Afterwards the day and yeer within contained before C. Y. Knight one of the Justices of the Lord the King assigned to hold Pleas before the said Lord the King and D. W. Knight another of the Justices of the said Lord the King assigned to hold Pleas before the said Lord the King Justices of the said Lord the King assigned to take the Assizes in the County of Gloucester according to the form of the Statute c. came as well the within named J. B. as the within written Inhabitants of the Hundreds of L. and C. in their proper persons and the Jurors of the Country within mentioned impanalled and called some of them that is to say N. F. of L. c. so naming all the Jurors that appeared came and are sworn upon that Jury And because the rest of the Jurors of that Jury did not appear therefore tales de circumstantibus c. who being called and sworn
price of every Cloth thereof ten pounds ten Kerseys price of every Kersey thereof five pounds ten pieces of Bays price of every piece thereof four pounds with the said Logwood otherwise Blockwood and other false and deceitful means as aforesaid did dye and colour contrary to the form of a certain Statute of the three and twentieth year of the Raign of Qu. Elizabeth late Queen of England c. in such Case made and provided by means whereof he the said D. S. hath forfeited to the said Lord Protector and to the said I. B. who c. the sum of an hundred fourscore and ten pounds of lawful money of England That is to say the value of the said Woollen-clothes Kerseys and Bays so by him in manner and form aforesaid and against the form of Statute aforesaid with the said Logwood otherwise Blockwood and other false and deceitful ways and means dyed and coloured as aforesaid Whereupon the said I. B. as well for the said Lord Protector as for himself prayeth the advice of the Court here in the premises And that he the said I. B. who c. may have one moyety of the said forfeitures according to the form of the Statute aforesaid And also that he the said D. S. may come here into Court to answer the premises c. Against selling Flour and Meal in shops An Information upon an Act of Parliament 1650. Middl. ss BE it remembred that H. M. who as well for the poor of the Parish of M. in the said County as for himself in this behalf prosecutes came here into Court the first day of February in the year of our Lord 1656. in his own person and as well for the poor of the said Parish as for himself gave the Court here to understand and be informed that one I. C. late of the Parish of M. aforesaid in the said County between the 29 of September last past and the day of the Exhibiting this Information at the Parish aforesaid in the County aforesaid did fell and utter or cause to be sold and uttered to divers persons whose names to the said H. M. who c. as yet are unknown at divers and several times and by divers and several parcels and quantities ten quarters of wheaten Meal price of every quarter thereof thirty shillings and ten quarters of wheaten Flour price of every quarter thereof forty shillings in the House or Shop of the said I. C. and not in any common or publike Market-place appointed for the selling of Meal and Flour contrary to the form of a certain Act of the late Sessions of Parliament holden at Westminster in the County of Middlesex Intituled An Act touching Corn and Meal made and provided By means whereof he the said I. C. hath forfeited to the poor of the said Parish and to the said H. M. who as well c. the sum of threescore and fifteen pounds of lawful money of England That is to say treble the value of the said Meal and Flour so by him in manner and form aforesaid and contrary to the form of the Act aforesaid sold and uttered as aforesaid Whereupon the said H. M. as well for the poor of the said Parish as for himself prayeth the advice of the Court here in the premises And that due process of Law may be awarded against him the said I. C. in this behalf And that he the said H. M. may have one moyety of the forfeitures aforesaid and that the poor of the said Parish may have the other moyety And that he the said I. C. may suffer imprisonment of his body for the space of one moneth according to the form of the Act aforesaid And moreover that he come into Court here to answer the premises c. Against Usury and Extortion An Act of Parliament was made the eighth day of August 1651. Intituled An Act prohibiting any person to take above the rate of six pounds for the Loan of one hundred pounds by year and after that rate for a greater or lesser sum or for a shorter or longer time An Information upon the Act against Usury Middl. ss BE it remembred that I. T. who as well for the Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging as for himself in this behalf prosecutes came here into Court the twenty fourth day of April 1657. in his own person and as well for the said Lord Protector as for himself gave the Court here to understand and be informed that one I. M. late of the Parish of T. in the said County Yeoman between the four and twentieth day of June last past and the day of the Exhibiting this Information at the Parish of T. aforesaid in the County aforesaid hath by way and means of corrupt bargain Loan Exchange Chivance and Shifts by deceitful ways and means and by Covin lent or put to Loan to several persons whose names to the said John who as well c. as yet are unknown divers and sundry sum and sums of money in the whole amounting to the sum of two hundred pounds of lawful money of England And the said I. T. as well for the said Lord Protector as for himself will verifie that the said I. M. hath indirectly for the forbearing or giving day of payment for the said sum of two hundred pounds for one whole year taken above the sum of six pounds for every hundred pounds thereof against the form of a certain Act of Parliament holden at Westminster in the County of Middlesex on Friday the eighth day of August 1651. Intituled An Act prohibiting any person to take above six pounds for Loan of one hundred pounds by the year and after that rate for a greater or lesser sum or for a longer or shorter time By means whereof the said I. M. hath forfeited to the said Lord Protector and to the said I. T. who as well c. six hundred pounds of lawful money of England That is to say treble the value of the said money so by him in form aforesaid and against the form of the Act aforesaid lent or put to Loan Whereupon the said I. T. as well for the said Lord Protector as for himself prayeth the advice of the Court here in the premises And that the said I. T. who as well c. may have the moyety of the said forfeitures according to the form of the Act aforesaid And also that the said I. M. may come here into Court to answer the premises c. Another form of an Information upon the same Act. L. ss BE it remembred that I. S. who as well for the now Lord Protector of the Commonwealth of Eng●●●● as for himself in this behalf prosecutes came here into Court the seventeenth day of April this Term in his own person and as well for the said Lord Protector as for himself gave the Court here to understand and be informed that one I. H. late of London Sadler between
having sufficient within the County where such persons are so to be let to Bayl or Manucaption to keep their days in such places where the said Bills Writs or Warrants do require Such person and persons who are or hereafter shall be in their custody by condemnation execution Capias utlagatum Excommunication security of the Peace and all such persons who are or shall be committed by any special command of any Justice and vagabonds refusing to serve according to the form of the Statute of Labourers altogether excepted And that no Sheriff nor any of their Officers or Ministers aforesaid shall take or cause to be taken or made any Obligation for any cause before recited or by colour of their Office but onely to themselves of any person nor by any person which shall be in their custody by order of Law but in the name of their office and under a condition written that the aforesaid prisoners shall appear at the day in the said Writs Bills or Warrants contained and in such places where the said Writs Bills or Warrants require And if any Sheriff aforesaid or any Officers or Ministers aforesaid shall take any Obligation in any other form by colour of their Offices that then such Obligation shall be void And that they shall not take for the making of any such Obligation Warrant or Precept so by them to be made above four pence And also that all Sheriffs under-Sher●ffs Clerks Bayliffs Coroners Stewards Bayliffs of Franchizes or any other Officers or Ministers who shall do contrary to the Ordination aforesaid in any point shall therefore forfeit forty pounds for every time that they or any of them shall Act or do contrary to the said Statute or any point thereof of which forfeitures the King shall have one moyety to be imployed to the use of his houshold and no otherwise and the party who will prosecute shall have the other moyety as in the same Statute amongst other things more plainly it is contained And whereas in the Term of Saint Hillary in the year c. one W. M. prosecuted a certain Writ issuing out of the said Court of our Lady the Queen of Pleas before our said Lady the Queen at Westminster in the County of Middlesex aforesaid to the Sheriff of B. directed by which Writ the Sheriff was commanded that he should take E. F. I. Y. I. G. and W. C. and them safe keep c. so that he should have their bodies before the said Lady the Queen here at Westminster on Wednesday next after fifteen days of Easter then next following to answer the said W. M. in a Plea of trespass by virtue of which Writ one E. L. Gentleman the fifteenth day of February in the year abovesaid at Westminster in the County of Middlesex aforesaid then being the under-Sheriff of A. B. Esquire then Sheriff of the County of Berks for and in the name of the said A. B. Sheriff of the County aforesaid did make four several Warrants against the said E. F. I. Y. I. G. and W. C. directed to the Bayliff of the hundred of Reading and Theale in the said County of Berks to take the said E. F. c. so that he might have their bodies c. to answer the said W. M. according to the Exigence of the said several Warrants And whereas also in the Term of the Holy Trinity in the year c. the said W. M. prosecuted another Writ of our La. the Queen out of the said Court of our La. the Queen here at West to the said Sheriff of the County of B. directed by which Writ the said Sheriff was likewise commanded that he should take L. G. I. A. I. his wife I. Y. and W. B. and them safe keep c. so that he should have their bodies c. to answer the said W. M. in a Plea of trespass By pretext of which said Writ the said E. L. the thirteenth day of July in the year c. abovesaid at Westminster then and there being under-Sheriff of the said A. B. then Sheriff of the said County of Berks for and in the name of the said A. B. Sheriff of the said County of B. did make two several Warrants against the said L. G I. his wife I. Y. and W. B. directed to the Bayliff of the hundred of Reading and Theale to take the said c. so that he might have their bodies c. to answer the said W. M. according to the exigence of the said two several Warrants And whereas also in the same Term of the Holy Trinity in the year c. one A. P. prosecuted one other Writ of our Lady the Queen out of the same Court of c. at c. being to the said Sheriff of the County of Berks directed by which Writ the said Sheriff was likewise commanded that he should take W. G. F. M. and T. K and them safe keep c. so that he might have their bodies before the said Lady the Queen here at Westminster on Wednesday next after eight days of Saint Michael then next following to answer the said A. P. in a Plea of trespass By pretext of which Writ the said E. L. the said thirteenth day of July in the year c. abovesaid at Westminster then being under-Sheriff of the said A. B. then being Sheriff of the said County of B. for and in the name of the said A. B. Sheriff of the said County did make two several Warrants against the said W. G. W. F. and T. K. directed to the said Bayliff of the hundred of Reading and Theale in the said County of B. to take the said c. so that he might have their bodies c. to answer the said A. P. according to the exigency of the said several Warrants Nevertheless the said E. L. the Statute aforesaid not weighing nor regarding the penalty in the same Statute at Westminster the aforesaid fifteenth day of February in the year c. did receive of the said W. M. for the making of every one of the aforesaid first four several Warrants to the said Bayliff of the hundred of Reading and Theale in the same County of B. directed to take the said E. F. I. Y. I. G. and W. C. to answer to the said W. M. in a Plea of trespass on the said Wednesday next after fifteen days of Easter then next following in the said Court of our said Lady the Queen now here at Westminster aforesaid two shillings and the said E. L. being then the under-Sheriff of the aforesaid A. B. of the said County of Berks By colour of his Office as under-Sheriff of the said County of Berks did by way of extortion receive against the form of the Statute aforesaid two shillings six pence And the said W. M. for making of the said two several Warrants directed to the Bayliff c. to take the said c. to the said E. L. did give two shillings six pence c. and the said
c. The Capias Whereupon it was commanded the Sheriff that he omit not c. but that he take them if c. to answer c. and now to wit on Wednesday next after one moneth of Easter this same Term before the said Lady the Queen at Westminster came the said A. B. and the rest under the custody of N. B. and F. B. Sheriffs of the City of London by virtue of a Writ of the Lady the Queen of Hab. Corpora to them directed unto whose custody they were before for the causes aforesaid and certain other causes committed to the Bar here brought in their own persons and are committed to the custody of the Marshal c. And being severally demanded how they will acquite themselves of the premises above imposed upon them the said A B. and the rest severally say That they are not thereof guilty And of this they severally put themselves upon the Country c. One of the Accessaries confesseth the Indictment And one of them saith That he cannot say but that he is guilty of being accessary to the felony and burglary aforesaid above imposed upon him in manner and form as by the Indictment aforesaid it is above supposed against him and the felony and burglary aforesaid as accessary thereunto he did expresly know And thereupon he puts himself upon the mercy of the Lady the Queen And the Jurors of the Jury aforesaid by the Sheriff of the County of Middlesex impannalled being called likewise came And being elected and sworn to speak the truth of the premises say upon their Oath That the said A. B. and the others are and every one of them is guilty in form aforesaid above imposed upon them and that they have no Goods not Chattels Lands nor Tenements c. For Manslaughter an Enquest taken by the Coroner upon the view of the Body W. ss OTherwise to wit the sixth day of December c. D. in the County aforesaid before I. H. one of the Coroners of the said La. the Queen of the County aforesaid upon view of the Body of H. B. there lying dead and slain by the Oath of twelve Jurors it is presented That the fifteenth day of December in the year abovesaid at D. aforesaid in the County aforesaid it so happened that I. W. late of the Parish of St. L. c. together with one H. M. H. D. R. S. H. W. and divers other persons in the house of one E. C. Inholder then and there also being And the said H. B. unto the said I. W. unknown in the same house also then being and the said I. W. then and there having two little Guns in a case called a case of Daggs one whereof was loaden with Powder and Lead to the said I. W. likewise unknown And the said H. B. did then and there desire the said I. W. to shew unto him the said H. B. one of the Daggs aforesaid which the said I. W. at the serious request of the said H. B. did then and there draw forth of the case aforesaid one of the Daggs aforesaid and did then and there deliver the same unto the said H. B. which being seen by the said H. B. he did unto the said I. W. then and there again redeliver which said Gun called a Dagg aforesaid the said I. W. did put again into the case aforesaid and immediately afterwards the said H. B. did again desire the said I. W. to shew him the Gun aforesaid and how he might discharge the same And the said I. W. then and there at the further request of the said H. B. did again draw forth the Gun aforesaid out of the case aforesaid and asked the said I. W. then and there being present for the Key of the Dagg aforesaid and whether both the said case of Daggs were charged or not which said H. B. then and there did answer the said I. W. that both the said Daggs were charged and the said I. W. then and there said to the said H. B. Art thou certain hereof And the said H. B. then and there again answered that they were both charged and then and there delivered the Key of the Dagg aforesaid unto the said I. W. which said I. W. the Lock of the said Dagg did then and there winde up and extend and then delivered the Dagg aforesaid unto the said H. B. according to his request aforesaid and without any evil felonious minde or malice forethought by the said I. W. against the said H. B. had the Dagg aforesaid suddenly and by misfortune then and there against the said H. B. upon the forepart of his head with the Lead aforesaid so loaden did discharge it self giving to the said H. then and there one mortal wound of the depth of four fingers and the breadth of one finger of which said deadly wound the said H. B. then and there did instantly die And the Jurors aforesaid upon their Oath aforesaid do say That the said I. W. the said fifteenth day of December in the year c. abovesaid at D. aforesaid in the County aforesaid the said H. B. in manner and form aforesaid casually and by misfortune did kill and murther and not otherwise nor in any other manner And further the said Jurors do say upon their Oath aforesaid that the said I. W. at the time of the death of the said H. B. had no Goods nor Chattels Lands Tenements to their knowledge And the Jurors aforesaid do appraise the said Gun called a Dagg to six shillings and eight pence which remains in the custody of the Parish of D. c. inter placita Coronae For Manslaughter se defendendo K. ss OTherwise That is to say the fourth day of October in the year of the Raign of c. at S. in the County aforesaid before I. F. Gent. one of the Coroners of our said Lord the King of the County aforesaid upon view of the Body of T. H. there lying dead who was the servant of G. F. of M. in the County aforesaid Esquire by the Oath of twelve Jurors it stands presented That the said T. H. the twenty ninth day of September in the year c. about two of the clock in the afternoon of the same day with force and arms c. That is to say with a Sword and with a Dagger of the value of five shillings which the said T. H. in his hands then and there had and held at S. aforesaid in a common foot-way there leading between S. aforesaid and M. towards S. in the County aforesaid in a certain place there called B. in and upon one I. H. of T. in the County aforesaid Yeoman in the peace of God and of our said Lord the King then and there being and towards M aforesaid then and there going of his wicked malice forethought did make an assault and him the said I. then and there with the Sword aforesaid did wound against the peace c. Whereupon the said I. H. that he
complaineth against R. M. Executor of the last Will and Testament of F. H. late of the Parish of Wokingham aforesaid deceased in a Plea of Trespass upon the Case And thereupon the said R. S. by G. H. his Attorney doth say That whereas the said R. S. the nine and twentieth day of September in the yeer of our Lord God One Thousand Six Hundred Forty Seven at the special Instance and Request of the said F. H. did sell and deliver unto the said F. H. at the then dwelling house of the said J. H. in Wokingham aforesaid one Load of Straw the said F. in consideration thereof then and there did assume and to the said R. S. did faithfully promise that the said F. H. would well and truely pay unto the said R. S. so much mony as the said Load of Straw and the carriage thereof would be reasonably worth when he should be thereunto required and he the said R. Sin truth saith That the said Load of Straw and the carriage thereof was well worth ten shilings of lawful money of England and afterwards the said F. H died and did not pay the said ten shillings nor any penny thereof being thereunto in his life-time often required * * Here the Declaration should have ended if it had been agreeable to the Plaint to this part the Defendant pleaded the Statute of Limitations and proved the Straw carried two seven yeers before H●s death c. After whose death there was a certain Communication had between the said R. M. and one T. S. that is to say the first day of April in the yeer of our Lord God One Thousand Six Hundred Fifty and One concerning the said Load of Straw and the carriage thereof as aforesaid and the said R. M. the said first day of April in the yeer of our Lord God One Thousand Six Hundred Fifty and One at Wokingham aforesaid within the Jurisdiction of this Court being Executor as aforesaid then and there did * * This Assumption should have been laid by it self and not declare against an Executor and bring in an Assumpsit of the Defendant both in one Declaration yet an Honest Jury and a Learned Judge gave Verdict and Judgement both for the Plaintiff assume and faithfully promise to pay unto the said R. S. for the said Load of Str●w and carriage thereof so much mony as the Load of straw and carriage should be reasonably worth when he should be thereunto required if he the said R. S. would say upon his word That he was not paid formerly for the said Load of Staw and carriage thereof and the said R. S. in fact saith That he was not paid for the said Load of Straw and carriage thereof the same being worth ten shillings c. aforesaid yet for all that the said R. M. his Promise and Assumption aforesaid little regarding but thinking and fraudulently intending the said R. S. in this part craftily and subtilly to deceive and defraud the said ten shillings nor any part thereof unto the said R. S. although he hath been often thereunto required hath not hitherto paid nor the said R. S. any way contented for the same but the same ten shillings hath refused to pay and yet doth refuse whereupon the said R. S. saith That he is damnified twenty shillings and thereupon he brings his Suit J. A. Pledges to prosecute And the said R. M. by J. A. his Attorney did desire Licence of Imparlance and it was granted unto him and upon this a day thereby was given to the aforesaid parties until the next Court to be held before the said Alderman and Burgesses that is to say Friday the eleventh day of Iuly next following that is to say to the aforesaid R. M. to plead and then to answer c. at which next Court of the said Keepers c. truely here before the Alderman and Burgesses held the said R. M. further desired License of Imparlance and it was granted him and upon this a day was thereby given unto the aforesaid parties until the next Court to be holden before the said Alderman and Burgesses that is to say Friday the eighteenth day of Iuly next following that is to say to the said R. M. to imparle and then to answer c. truely at which next Court of the said Keepers c. here before the said Alderman and Burgesses to be held to wit the aforesaid eighteenth day of Iuly came as well the aforesaid R. S. as the aforesaid R. M. by their Attorneys aforesaid and the aforesaid R. M. by J. A. his Attorney came and defended the wrong and injury when c. and saith That he the said R. M. made no such Promise as the Plaintiff hath alledged against him and of this he putteth himself upon his Country and the said R. likewise therefore by the same Court of the said Keepers on Friday the said eighteenth day of Iuly it was commanded to R. P. Sergeant at Mace and Minister of the Court aforesaid within the Town aforesaid that he should cause to come at the next Court of the said Keepers c. here upon Friday to wit the five and twentieth day of Iuly next following before the Alderman and Burgesses aforesaid to be held twelve free and lawful men of the Town c. by whom c. who neither c. to recognise c. for that as well c. at the same Court of the Keepers c. on Friday the five and twentieth day of Iuly aforesaid the said R. P. returned his Precept of his causing to come the Jurors aforesaid and the Jurors aforesaid called came not therefore it was commanded to the said R. P. Sergeant at Mace c. That at the next Court of the said Keepers c. Friday the first of August then next following before the said Alderman and Burgesses to be held he should have the bodies of E. W. W. A. T. H elder J. G. J. C. R. S. Cordwainer F. W. E. M. B. A. J. B. T. S. and J. T. to make a certain Jury of the County between the said R. S. and the said R. M. in the Plea aforesaid And the said R. P. returned his Precept with the Pannel of the Jurors aforesaid at which next Court of the said Keepers here to wit on Friday the eighth day of August aforesaid before the Alderman and Burgesses aforesaid came the said parties in their proper persons and the said Jurors to wit E. W. W. A. T. H. the elder J. G. J. C. R. S. Cordwainer F. W. E. M. B. A. J. B. T. S. and J. T. being called came and at the Court were charged and sworn in form aforesaid who upon their Oath say in manner and form following that is to say We finde that the said R. M. the Defendant did * A malicious Knave the Prosecutor or Promoter of the Cause did swear so indeed but c. promise unto the said R. S. the Plaintiff since the
of which false Perjury the aforesaid A. is much damaged in his goods and hath been put to expence whereby an action hath accrued to the said A who c to have and receive of the said I. as well for the aforesaid c. as for himselfe the aforesaid 20 pound neverthelesse the aforesaid I. although often required the aforesaid 20 pound to the said A. who c. hath not rendred but the same to the said A. who c. hitherto to render hath refused and still doth refuse whereupon the said A. who c. saith that he is the worse and hath damage to the value of 20 pound and thereupon he brings his suit c. and the aforesaid I. by S. B. his Atturny commeth and defendeth the force and wrong when c. and faith that he did not commit willful Perjury against the form of the Statute aforesaid as the aforesaid A. who c. by his Declaration aforesaid above doth suppose and of this he puts himself upon the Country and the aforesaid A. who c. likewise Brewers Stat. Jac. Rex No Brewer shall sell Beer or Ale to any Vnlicensed Ale-House on pain of forfeiting six Shillings eight Pence for every Barrel Information To the Justices of the Common Bench. IT is to be remembred that James Roberts who as well for the poor of the Parish of Mary Matsellon otherwise White-Chappel in the County aforesaid as for himself in this behalf prosecutes comes here into Court the sixteenth day of April in the yeer of our Lord one thousand six hundred fifty six in his own person as well for the Poor of the said Parish as for himself he gives the Court here to understand and be informed That one J. W. of London Brewer between the first day of September last past and the day of exhibiting this Information at the Parish of Mary Matsellon otherwise White-Chappel aforesaid in the County aforesaid did sell and utter or cause to be sold and uttered to divers persons whose names to the said J. R. who c. as yet are unknown two hundred Barrels of Strong-Beer one hundred Barrels of Strong-Ale which said Beer and Ale and every parcel thereof was and were afterwards that is to say within the time aforesaid in the Parish aforesaid within the County aforesaid by them sold again as common Tiplers or Ale-House-keepers the said persons nor any of them having any lawful License then in force to sell Beer and Ale contrary to the form of a certain Statute of the third year of the Raign of King James late King of England c. in such cases made and provided By meanes whereof he the said J. W. hath forfeited to the Poor of the said Parish and to the said J. R. who c. the summe of one hundred pounds of good and lawful mony of England that is to say for every Barrel of the said Beer and Ale so by him in manner aforesaid and contrary to the form of the Statute aforesaid sold and uttered as aforesaid the summe of six Shillings and eight Pence the same in the whole amounting to the said summe of one hundred pounds Whereupon the said J. R. who c. as well for the Poor of the said Parish as for himself prayes the advice of the Court in the premises and that due process of Law may be awarded against him the said J. W. in this behalf and that he the said J. R. who c. may have the one moiety of the forfeitures aforesaid and the Poor of the said Parish may have the other moiety thereof according to the form of the Statute aforesaid and moreover that he the said J. may come here into Court to answer the premises M. ss The like Information for the same and the Poor of the Parish of St. Giles Cripplegate against Richard Dashwood of the same Parish and County Brewer Prohibited and sworn the day and year above written before me John Doo and Richard Roo Edw. Atkins Pledges c. An ACT for Discovering Convicting and Repressing of Popish RECVSANTS At the Parliament begun at Westminster the seventeenth day of September Anno. 1656. An Information upon the same Act. L. ss BE it Remembred that John Saubridge who as well for the now Lord Protector c. as for himself in this behalf prosecu●es came here into Court the three and twentieth day of this Terme in his own person as well for the ●aid Lord Protector as for himself gave the Court h●re to understand and be informed That whereas at the Parliament begun at Westminster the seventeenth day of September in the year of our Lord 1656. for the Repressing Convicting and Discovering of Popish Recusants it stands enacted by the same Parliament in a certain Act at the same Parliament made entituled An Act for the Discovering Convicting and Repressing of Popish Recusants made and provided Amongst other things in the same Act contained That it shall not be lawful for any Subject of this Commonwealth other then the household-servants that shall come over with any Ambassador or Agent at any time to be present at Masse at the house of any such Ambassador or Agent or any other place whatsoever upon pain and penalty of one hundred pounds and imprisonment by the space of six Months The one moyety of the said forfeiture to be to the use of his Highness the Lord Protector and his Successors and the other moyety to the Informer to be recovered by Action Bill Plaint Suit or Information in any Courr of Record in which no Essoign Protection or Wager of Law shall be allowed Neverthelesse one A. B. late of London aforesaid Gent. the Act aforesaid nor the Penalties in the same regarding at London aforesaid that is to say Tali die loco did voluntarily repaire unto the place and house aforesaid and then and there was present and did hear one Popish Masse said or sung according to the manner and custome of the Church of Rome against the form of the said late Act of Parliament in this case made and provided by meanes whereof he the said A. B. hath forfeited to the said Lord Protector and I. S. who c. the summe of an hundred pounds of lawful money of England Whereupon the said I. S. as well for the said Lord Protector as for himself prayeth the advice of the Court here in the Premises and that due processe of Law may be awarded against the said A. B. in this behalf and that he the said I. S. who c. may have one moyety of the forfeiture aforesaid and that he the said A. B. may suffer imprisonment by the space of six Months according to the the form of the Act aforesaid and moreover that he come here into Court to answer the Premises c. These Books following are to be sold at the Lamb at the East end of St. Pauls neer the School THe Secretaries study A Piece of Elegant Letters in Fashion The Compleat Bone-Setter A rare Treatise of the Philosophers Salt both by Dr. Turner Two sober Paradoxes By Malvezzi Elementa Optica in Oct. Mr. Wentworth's Miscellania a Piece of School-Divinity There is in the Press Re-Printing with Additions and Amendments that most wanted Piece of Fawlconry By Mr. Latham FINIS