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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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OTherwise that is to say in the Term of Easter in the yeer c. before the Lord the King at Westminster in the County aforesaid by the Oath of twelve c. it stands presented that part of the King's High-way in the Parish of S. in the County aforesaid containing in length four Rod in breadth two Rod the first day of M. in the year c. was and still is very hurtful and decayed for defect of Reparations and amending of the same so that the liege People of our Lord the King labouring to pass through the Village aforesaid cannot travel without danger of death to the great and common annoyance of all the Subjects and Liege-People of our said Lord the King through that way labouring and travelling and that R. B. of S. aforesaid ought to amend and repair the aforesaid way when and so often as need shall require by reason of the term of his Lands and Tenements there neer adjacent c. Therefore it is commanded the Sheriff that he omit not but that he cause him to come to answer c. An Indictment for Rape S. ss OTherwise to wit on Thursday next after the week of Easter in the yeer c. at J. in the County aforesaid in a general Session of the Peace there held before H. P. and M. B. Knights and others their Fellows Justices c. by the Oath of twelve Jurors it stands presented that T. M. late of G. in the County aforesaid Yeoman the 21 day of March in the yeer c. by force and arms at H. in the County aforesaid in and upon J. W. the Daughter of one G. W. then and there in the peace of God and of our said Lord the King being did make an assault and her the said J. did beat wound and evil entreat and the aforesaid J. then and there violently and against her will did feloniously ravish and carnally know against the form of the Statute in this case made and provided and against the Peace c. An Indictment for starving an Apprentice Middl. ss THe Jurors for the Lord the King upon their Oath do present That W. T. late of c. the 23 day of March in the yeer c. at the Parish aforesaid in the County aforesaid did retain and receive into his service one J. R. to serve the said W. T. as an Apprentice by the space of eight yeers thence next following And further the said J. R. then being found and healthy in body with the said W. T. from the aforesaid 23 day of M. in the yeer aforesaid at the Parish aforesaid in the County aforesaid un●il the 4 day of November in the yeer c. in the service and custody of the said W. T. as his Apprentice did remain and continue nevertheless the said W. T. God not having before his eyes but of all Humanity and Christian Charity being totally deprived after the 23 day of M. in the yeer aforesaid to wit between the 10 day of June in the yeer c. and the 4 day of November in the yeer aforesaid at the Parish aforesaid in the County aforesaid feloniously voluntarily and of his malice forethought did detain and not allow unto his said Apprentice necessary and sufficient food for the sustentation and preservation of his life by reason whereof the said J. R. between the aforesaid 10 day of June in the yeer aforesaid and the said 4 day of November in the yeer aforesaid then and there through hunger and want of nourishment died And so the Jurors aforesaid do say upon their Oath That the said W. T. his Apprentice aforesaid at the Parish aforesaid in the County aforesaid in manner and form aforesaid feloniously voluntarily and of his malice fore-thought did kill and murder against the Peace c. Hue and Cry Commit upon the Statute of Hue and Cry G. ss THe Inhabitants in the Hundreds of Langtree Crowthorne in the County aforesaid were attached to answer as well the Lord the King as J. B. who as well for the said Lord the King as for himself followeth of a Plea that whereas in a certain Statute in the Parliament holden at Wynton in the thirteenth yeer of Edward the first late King of England made and provided amongst other things it stands ordained for that because Robberies Murders and Thefts do daily increase and are from day to day committed more then heretofore and the Felons could not be attainted by the Oath of the Jurors because they too voluntarily suffered the Felons to escape without punishment and for the most part the Felons have been of the same County or if they have been of any other Country their Receivers have been of the same Visne where the same Felonies have been committed Wherefore for their concealment and negligence and to restrain the said Felonies the late Lord the King hath ordained a Penalty in this Case that from henceforth for fear of the Punishment no Felons should be spared or concealed and hath commanded That Proclamation should be solemnly made in all Counties Hundreds Market-Towns and all Churches and other places where solemn Assemblies of people meet so that none be excused by ignorance That every Country from thence forward should be so kept that immediately after any Robbery or Felony committed fresh pursuit should be made from Village to Village and from Country to Country and also inquisition should be made if it be needful in every Town by the Head-Officer of the Town and afterwards in Hundreds and Franchises and in the County and sometimes in three or four Counties in case when the Felonies are committed in the Marches of any County so that the Felons might be attainted and if the Country should not answer for the Felons then the Penalty should be That every Country that is to say the Inhabitants dwelling in the said Country where the Robbery is committed shall answer for the Robberies done and the Damages so that the whole Hundred where the Robbery shall be committed together with the Franchises in the Precincts of the said Hundred shall answer for the same Robbery And if a Robbery shall be committed in the Division of two Hundreds then both the said Hundreds together with their Franchises shall answer for the same and the said Country shall have no longer time then forty days after the Robbery committed to make satisfaction for the same or should answer for the Bodies of the Felons as by the said Statute more plainly appears And whereas a certain Felon unto the said J. unknown at T. in the Divisions of the Hundreds aforesaid with force and Arms in and upon the said J. did make an assault and three shillings and four pence of the monies of the said J. in monies numbred and one Gelding of the said John of the price of ten pounds and other Goods and Chattels of the price of forty shillings there lately found feloniously from the said J. did take and carry away against the peace
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
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
death of the said F. H. the Testator to pay the Load of Straw and therefore the Jurors do assess vj d. for Damages and Costs of Suit ij d. therefore it was considered by the said Court that the said R. S. should have thereof Execution c. And for any other Record of any Judgement against the said R M. as Executor of the said F. H. in this Record mentioned we have no Judgement before us in the Court of Record of the said Keepers c. of the said Town of Wokingham aforesaid c. besides this to certifie as by this Writ to us it is commanded The Record and Process of the aforesaid Plaint with all things thereunto belonging before the said Keepers c. wheresoever c. at the day within specified we have sent in a certain Record to this Writ annexed as within it is to us commanded c. After this Writ was thus returned before it could be gotten out of their hands in the absence of the Defendants Attorney another Record was certified for the Plaintiff and in the Defendant's Writ of Error R. was turned into T. and S. into K. c. That is in plain English T. S. the Prosecutor and Son of the Plaintiff was then and since hath been a suborning Knave and by his Subornation and Practice he procured in this Cause an Action to be brought against Magwick in the Court of the Honor and Castle of Windsor and then while and afterwards our VVrit of Error was reformed as before they by the knavery or foolery and both together of J. H. the Steward by a VVrit of Certiorare certified a Judgement upon the second part of the Declaration of the Oath hem vah of T. Syms desparately sworn VVhereupon by surprize in Term-time they obtained a Judgement against Magwick in the Court of the Castle of Windsor and I paid the money and Case I record to Posterity for a president of the Town of Wokingham de quo nil bonum nisi ut frugam to be practised by Knaves and Fools who there grow naturally as Gold in the Indies And now since T. S. is a suborning K. and suborned his own Son H. S. to commit as he did wilful Perjury which was plainly proved at the Sessions at W. and yet c. and suborned Shag-bag to swear against F. VV. at A. and outlawed him thereupon I shall proceed to and conclude with a President for that wicked Crime equivalent to Murder Perjury Perjury Stat. 5. Eliz. Cap. 5. L. ss I. S. late of H. in the County N. Gent. was summoned to answer unto A. C. who as well for the Lady the Queen as for himself in this behalf prosecutes of a Plea that he render unto the said Lady the Queen and to the said A. 20 pounds which to the said Lady the Queen and to the said A. he oweth and unjustly deteineth c. And whereupon the said A. who as well for the said Lady the Queen as for himself prosecutes by G. H. his Attorney saith That whereas in a certain Statute in the Parliament of our said Lady the Queen now held at Westminster in the County of Middlesex the 12 day of January in the fifth yeer of Her Raign amongst other things it stands enacted by the said Lady the Queen by the consent of ●he Lords Spiritual and Temporal and Commons in the same Parliament assembled and by the Authority of the same That if any person or persons after the 10 day of April then next following either by subornation illegal procurement sinister perswasion or any other meanes or by their own proper Act Consent or Agreement voluntarily and corruptly should commit any wilfull Perjury by his or their depositions in any Court of Chancery of our said Lady the Queen Star-Chamber White-Hall or in any Court of our Lady the Queen of Record or in any Leet view of Frank Pledge Law day Court of Antient demeasne Hundred Court Court Baron or in any Court or Courts of Stannaryes in the Counties of Devon and Cornwal or being examined ad perpetuam rei memoriam That then every person and persons so offending and being thereof lawfully convicted or atainted by the Lawes of this Land for his or their said offence shall lose and forfeit 20 pound and shall suffer imprisonment by the space of six months without bail or mainprize and that the oath of such person or persons so offending shall not from thenceforth be rendred in any Court of Record in England or Wales or the Marches of the same until the Judgement given against such person or persons be reversed by attaint or otherwise and that upon every such Aversment the parties grieved shall recover his or their damages against all every such person persons which shall recover the said Judgement so revers'd to be giv'n against them or any of them by action or actions upon the case to be prosecuted against them according to the course of the Common Law of this Land and if it shall happen that the said offender so offending have not any Goods and Chattels to the value of 20 pound that then he or they shall be set upon the Pillory in some Market-place within the County City or Burrough where such offence shall be commited by the Sheriffe or his Ministers if it shall happen to be without any City or Town-Corporate and if it shall happen to be within any City or Town-Corporate then by the chief Officer or Officers of such City or Town-Corporate or by his or their Ministers and there to have both his Ears nailed And from thence shall be for ever after disabled to swear in any Court of Record aforesaid until the Judgement shall be reversed and thereupon shall recover his damage in form aforementioned one moyety of which said forfeitures shall be to the use of our Lady the Queen her Heirs and Successors and the other moyety to such person or persons who shall be grieved or damaged by reason of such offence or offences aforementioned who shall prosecute for the same by Action of debt Bill Plaint Information or otherwise in any Court of Record wherein no wager of Law Essoyne Protection or Injunction shall be allowed as in the same Statute amongst other things more plainly appeareth Neverthelesse the said I. the Statute aforesaid little weighing nor the penaltie in the same contained any wise fearing after the said 10th day of April in the yeer c. at L. c. before I. M. c. then being Commissioners c. by vertue of a certain Comission to them and others directed out of the Court of Chancery at Westminster in the County of Middlesex to examine Witnesses upon a certain Issue between c. And the said I did then and there voluntarily and corruptly commit willful Perjury against the form of the Statute aforesaid that is to say by speaking in English these words following c. whereas in truth the said I. and A. did never c. by reason