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A14970 The second part of Symboleography, newly corrected and amended, and very much enlarged in all the foure seuerall treatises. 1. Of fines and concordes. 2. Of common recoueries. 3. Of offences and indictments. 4. Of compromises and arbitrements. Wereunto is annexed another treatise of equitie, the iurisdiction, and proceedings of the high Court of Chauncerye: of supplications, bils, and aunsweres, and of certaine writs and commissions issuing thence, and there also retornable: likewise much augmented with diuers presidents, very necessary for the same purpose, beginning at the 144. section, and continuing to the end of bils and aunsweres. Hereunto is also added a table for the more easy and readie finding of the matters herein contayned: the new additions hauing therein this marke * set before them; Symbolaeographia. Part 2 West, William, fl. 1568-1594. 1601 (1601) STC 25278; ESTC S119713 604,936 622

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stand to and abide to such further order direction therein as to your honorable Lordship shall be thought to stand with right equity and good conscience And your said Orator shall daily pray vnto God for the preseruation of your Honors prosperity and good health long to continue A Bill by an Administator vpon a promise made vnto the intestate by the defendant to pay vnto him certaine money in mariage of the d●fendants daughter with one of the intestates Sonnes COmplaining sheweth vnto your Honorable Lordship G. Earle of Sect ' 78. S. administrator of the goods and chattels of the right honorable G. Earle of S. deceased his late father that wheras about seuen yeares now last past there was certaine communication betweene the said G. Earle of S. in his life time and one W. R. of K. in the County hf N. Esquier of for and concerning a marriage then intended to be made betweene H. T. Esquier one of the sonnes of the said late Earle and E. the onely daughter and heire apparant of the said W. R. And thereupon it was fully concluded and agreed betweene the said late Earle and the said W. R. and either party did mutually promise and agree to and with the other that the said H. T. and the said E. daughter of the said W. R. should marry together according to the Ecclestasticall lawes of this realme of England at a certain day by the said parties for that purpose agreed vpon appointed And for and in consideration of the said marriage to be made as is aforesaid the said W. R about the same time did assume to the said late Earle faithfully promise to pay and giue vnto the said late Earle 4000. l of lawfull English money or there abouts at certain daies likewise in that behalfe between them agreed vpon now long sithence past by reason of which agreement promise assumption so made as is aforesaid the said H. T. did shortly after the said agreement marry and take to his wife the said daughter of the said W. R. And thereupon the said W. R. did well truly content and pay to the said late Earle the summe of 3000. l parcell of the said summe of 4000. l or there abouts And shortly after before he the said late Earle had receiued the residue of the said summe of 4000. l he the said Earle died Now so it is if it may please your honorable Lordship that the said W. R. not ignorant of the premisses and nothing regarding his said agreement faithfull promise and assumption so as is aforesaid by him made to and with the said late Earle but imagining and fraudulently intending aswell the said late Earle in his life time as your said orator being administrator of the goods chattels of the said late Earle since his death in this behalf falsly deceiptfully to defraud and decei●e him of the sum of a 1000. l at the lest parcel of the said sum of 4000. l or there abouts by him agreed promised to be paid to the said late E. as is aforesaid in consideration of the said mariage although he the said W. R. hath oftentimes aswell by the said late E. in his life time as by the now E. since his death bin curteusly required to haue paid the said summe of 1000. l according to his said agreement promise and assumption yet that to do hath he euer hitherto denied and refused and yet doth denie refuse to do the same contrary to his said faithfull promise assumption to the great losse damage of the now E. and altogether against all right equity good conscience Notwithstanding that the said late Earle in respect of the said mariage hath conueyed and assured vnto the said H. T. a good estate of inheritance of diuers manors lands tenements and hereditaments worth 3000. l by the yeare or there abouts wherof the said R. his daughter is intituled to haue dower by law In consideration whereof and forsomuch as by reason of the great trust confidence which the said late Earl did repose put in him the said W. R. the said agreement promise assumption so as aforesaid betweene them made was so made secretely priuatly betweene thēselues only without calling any other person or persons vnto thē to be witnesses therof which might testify the same agreemēt promise other answere to the said vntrue and insufficient bill of complaint then they and either of them for the satisfaction of this honorable Court in the truth of all the matters in the said bill most vntruly obiected by the said complainant against the said def for further and ful answere thereunto and for plaine declaration of the truth therein They the said defendants and either of them say that true it is indeed that there was a certaine speech or communication had betweene the saide complainant and these said def for such a bargaine to be had and made between them in such sort for the lease and paiments as they ●re by the said bill alleaged the which said communication was then set downe in certaine articles bearing date in the said complainants bill alleaged And it was then also most materiall for these said defendants further couenanted and agreed on the part of the said complainant that that said communication should be by him the said complainant put in writing by deed indented and according to law be executed by sealing deliuering thereof as these said defendants then did and yet do take it moreouer that the said complainant and G. B. of E. in the Countie of D. Esq shoulde become bound iointly and seuerally vnto the said def for the true performance of all and euery the said agreements in the summe of 110. li. before the paiment of the said summe of 40. li. in the said bill mentioned being the first paiment which they should haue made the which saide communication as the said defendantes did accompt it was then set down in writing vnder the terme of Articles of agreemēt but yet neuer meant to conclude or bind the said bargaine vntill the same should haue bin ingrossed sealed deliuered the said obligatiō entered at the said complaināts costs and trauel as the said def haue euer taken it think the same wil proue so in law because it was referred to further writings more effectuall in the law to be accomplished by the said complainant the which to do he neither yet hath neither as it seemeth meant to performe but rather to gaine the said defendants money without anie assurance thereof to be made vnto thē for that he hath not caused the said articles to be ingrossed neither hath he the said G. B. entred into bond to the said defendants or either of them according to the said agreement but wholly sought if by any meanes he could cunningly to possesse himselfe of the said summe of 55. li. or of so much thereof as he could without any
but harmeth and anoyeth it and maketh either the body or the state and condition thereof worse Hurts to the bodie of the common wealth as treasons ANd through certaine offences is hurt to the common wealth immediatly Sect. 63. and alwaies or the members thereof The common wealth is hurt eyther in respect of the amplitude and maiestie thereof or of the profite and commoditie thereof which is hindered or intercepted When the Amplitude and maiestie thereof is harmed the offence is called treason And these treasons be high treason or petie treason High treason is when th offence is done against the securitie of the common wealth or of the Queenes most excellent Maiestie who is the true and vndoubted Soueraigne and chiefe head thereof whether it be by imagination word or deed as to compasse or imagine Treason or the death of the Prince or of the Queene his wife or his Sonne and heire apparant or to deflower the Kinges wife or his eldest daughter vnmarried or his eldest sonnes wife or leuie warre against the King in his Realme or to adhere to his enimies ayding them or to counterfeit the Kings great seale priuy seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of Englād and vtter the same Or to kill the Kinges Chauncellor Treasurer Iustice of th one bench or of the other Iustices in Eire Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his Office 25. Ed. 3. cap. 2. Forging of the kings signe Manuell or priuie signet priuie seale or forraine coyne currant within this Realme 2. Mar. cap. 6. Diminishing or impayring of money currant 2. Eliz. cap. 11. 18. Eliz. cap. 1. The second offence in refusing the oath of supremacie 5. Eliz. cap. 1. Or the compassing to depriue the Q. of her crowne 1. Eliz. cap. 6. Or to destroy the Queene 1. Eliz. cap. 6. Or to leuie warre within the realme against the Queene 1. El. ca. 6. Or to affirme that the Queene or the heires of her body is not or ought not to be Queene of England or that any other ought 1. Eliz cap. 6. Or intending the bodily harme of the Q. 13. Eliz. cap. 1. Or to leuie warre against the Queene 13. Eliz. cap. 1. Or to moue forreine inuasions of this Realme 13. Eliz. cap. 1. Or to declare that the Queene is not Queene 13. Eliz. cap. 1. Or to declare that any other ought c. 13. Eliz. cap. 1. Or to affirme the Q. to he an Heretike Scismatike tyrant infidel or vsurpor of the crowne 13. Eliz. cap. 1. Or to claime the crowne after the Queene 13. Eliz. cap. 1. Or to affirme that the common Lawes or statutes cannot binde the right of the crowne 13. Eliz. cap. 1. Or to maintaine the aucthority of the Bishop of Rome 5. Elizab. cap. 1. Or to obtaine any Bull from Rome 13. Eliz. cap. 2. Or to giue take or promise absolution thereby 13. Eliz. cap. 2. Or to conspire to enlarge any imprisoned by the Queenes commaundement for treason touching her person or suspition thereof 14. Eliz. cap. 2. Or to withhold any of the Queenes Castels or holdes 14. Eliz. cap. 1. Or any of her ships or ordinance of warre 14. Eliz. cap. 1. Or not to render the same Castels within sixe daies after proclamation 14. Eliz. cap. 1. Or to destroy any of the Queenes ships 14. Eliz. cap. 1. Or to barre any of the Queenes hauens 14 Eliz. cap. 1. Or to perswade any subiect from naturall obedience or Religiō or to the obedience of any other or to be so perswaded 23. Eliz. cap. 1. Or for Iesuits to come into or be in this Realme 27. El. ca. 2. Or to be a Seminarie and not returne into this Religion within in sixe moneths after proclamation and take the oth of allegeance 27. Eliz. cap. 2. It is also to be noted that al maner of accessaries to the seueral treaons aboue mentioned are guilty of high treason Or of misprision of treason which is the concealment or not disclosing of knowen treason for which thoffendors are to suffer imprisonment during the Queenes pleasure loose their goods and the profite of their lands during their liues 2. R. 3. fol. 9. Offences hindering the commoditie of the common wealth NOw succeed thoffences which hinder the commoditie of the cōmon Sect. 64. wealth The profite of the common wealth is hindered diuers waies as by forestalling engrossing regrating by idlenesse of apprētices artificers and seruants decaying of the breede of beastes destroying of fish by cōspiracies of artificers and chapmen by not destroying of vermin as Foxes Bawsons Crowes Choughes c. Or by making or vttering any stuffe victuals or wares deceitfull corrupt or insufficient by not obseruing due weights measures or by transporting of things needfull in England as rawe hides tallow wooll lead corne or graine by erecting of cotages and breeding of exceeding many poore people and by sundry other meanes as plainly appeareth by sundry statutes and ordinances made for reformation therof Of all which particularly to discourse would occupie more time then I haue now determined to bestow about the same Forestalling is the buying or bargayning for any victuals or wares comming to be sold towards any faire or market Or from beyond the seas towards any citie port hauen creeke or rode of this Realme and before the same be there Or the mouing of any person to enhaunce the price of the same victuals or wares or the disswading to bring it thither to be sold 5. Ed. 6. cap. 14. 5. Eliz. cap. 12. 13. Eliz. cap. 25. Regrating is the buying and selling of any wares or victuals in the same market or faire or within foure miles thereof 5. Edw. 6. cap. 14. 5. El. ca. 12. 13. Eliz. cap. 25. Engrossing is buying of Corne growing or dead victuall to sell againe except barly or malt Oates for Oatmeale and victuals to retaile badging by licence and buying of Oyles Spices and victuals other then fish and salt 5. Edw. 6. cap. 14. 5. Eliz. cap. 14. 13. Eliz. cap. 25. Offences against Subiects IN these fewe haue we touched such offences as immediatly and alwaies Sect. 65. are committed against the common wealth it selfe now will we intreat of those which alwaies for the most part are perpetrated violently against the inferiour members of the same that is to say either priuate men themselues or their goods which are effected partly by force and partly without force Force is an offence by which violence is vsed to thinges or persons And force is either simple or mixt Simple force is that which is so committed that it hath none other crime adioyned vnto it As if one by force onely entreth into another mans possession without doing any other vnlawfull act there Mixt force is that violence which is committed with such a fact as of it selfe onely is criminall as if any by force enter into
law D. S. lib. 1. cap. 30. 44. E. 3. 5. 2. H. 4. 13. Fitz. Na. br fol. 152. If tenant in taile be disseised and die and a collaterall aunce●●er to the heire in taile release to the disseisor with warrantie and die and the same warrantie discend vpon the said heire he is barred in law and conscience D. S. cap. 31. 35. H. 6. 63. 41. E. 3. 7. 45. E. 3. 23. 19. H. 6. 59. 15. H. 7. 9. 10. 21. H. 7. 39. 3. H. 7. 9. Tenant in taile after possibilitie of issue is dispunishable for wast by law and conscience because he had once inheritance 45. E. 3. 3. 39. E. 3. 16. and thereby power to wast without punishment which power endureth so long as his estate D. S. lib. 2. cap. 1. If a man be outlawed before he haue knowledge of the suit albeit the surmised cause of action be vntrue yet the Queene may haue his goods by Law and conscience by reason of his disobedience in not appearing to the hindrance of the effect of law for he is bound to take notice of the suit being of record at his perill And the forfeiture groweth by a generall Maxime made for the necessarie execution of Iustice But it seemeth the defendant may haue remedie in conscience against him which caused him to be outlawed without iust cause D. St. lib. 2. cap. 3. 21. H. 7. 7. 9. H. 6. 20. If an estranger do wast lands which another holdeth for yeares life in dower or by the curtesie without the tenants assent the owner of the reuersion may recouer the place wasted and treble dammages against the tenant in law And in conscience notwithstanding that the stranger be insufficient to recompence him for the same for it is his owne act and follie to take such estate subiect to the chance D. S. lib. 2. cap. 4. If a real action be brought by a very lawfull heire and yet bastardie being pleaded in him he is vntruely certified by the Ordinarie to be a bastard and so barred the tenant knowing this certificate to be vntrue ought not in conscience to reteyne the land yet is there no remedie for him in law nor in Chauncerie as it seemeth for that the Bishops certificat is the highest triall that the law affordeth in this behalfe And euery stranger may take aduantage of this certificate and no moe writs may be awarded for further trialll of the trueth thereof for the auoyding of the incōuenience which might happen if another Bishop should certifie such bastard to be legitimate D. S. lib. 2. cap. 5. If a feoffement in fee be made without deed or a gift in taile or a lease for life the remainder ouer in fee Or if tenant for ●fe graunt his whole estate by deed Poll reseruing rent in these cases the reseruation is void in law and there is no remedie therefore but in conscience D. S. lib. 2. cap. 9. Learne whether Executors or Administrators hauing assets be compellable in Chauncerie to make amends for trespasse done by their testator or to pay debt due by him vpon a simple contract Do. St. lib. 2. cap. 10. If tenant in fee haue two sonnes and die and I. S. abate and thelder sonne make his executors and dieth and the yonger recouereth against the abator in Assise of Mortdauncester the lands and damages from the death of his Father the executors of the elder brother haue no remedie for the damages accrued in his life time as it seemeth Do. Stu. lib. 2. cap. 13. Tenant in dower hath no remedie in Equitie against the alienee of her husband for damages growing betweene his death and her demaūd D. S. lib. 2. cap. 13. Tenant for life disseised dieth his disseisor dieth his heire entreth against whom the owner of the reuersion recouereth the landes but no damages by law nor Equitie D. S. lib. 2. cap. 13. If a man seised of lands knowing that an other hath good right thervnto leuieth a fine with proclamation to extinguish such right And maketh no claime within v. yeres he is remedilesse in law and Equitie D. S. lib. 2. cap. 14. A man seised of lands in fee hath a daughter she marieth and hath issue her father dieth the husband so soone as he knoweth of his fathers death hasteth to take possession of the land but before he come to it his wife dieth he shal not be tenant by the Curtesie of England by law nor conscience because he had not actual possession thereof in the life time of his wife D. S. lib. 2. cap. 15. If without consideration a new rent be graunted without deede or a reuersion without attornement the grauntee is remedilesse Do. St. lib. 2. cap. 15. A man seised in fee of lands holden by Knights seruice deuiseth the whole to A. B. the deuisee thereof is remedilesse for a third part thereof for that there is no Maxime in law for him D. S. li. 2. ca. 15. If the tenant make a feoffement of the land which he holdeth by prioritie taketh estate thereof backe againe and dieth the Lord of whom he held by priority is remedilesse D. S. lib. 2. cap. 15. If the grauntee of a rent charge take a feoffement from the grauntor of parcel of the lands charged to his owne vse the whole rent is extinct by the vnitie of possession because such rent is against common right And the law deemeth it his owne folie to accept the feoffement and neither his ignorance of the deede nor of the law can helpe him D. S. lib. 2. cap. 16. 17. Yet Quaere in Equitie because the grauntor himselfe is priuie to the said feoffement D. S. lib. 2. cap. 17. A. graunteth a rent charge out of two acres of land vnto B. and then infeoffeth H. of the one acre in fee to his vse and after H. intending to extinguish the whole right causeth the same acre to be recouered against him by common recouerie in a writ of Entre sur disseisin in le Post in the name of the said grauntee not knowing thereof and of an other man who by force thereof entreth and dieth so that the grauntee is sole seised of all the same acre by suruiuor to thuse of the said H. The whole rent is hereby extinct by law through the vnitie of possession though the vse be to H. it is also extinct in conscience as to the grauntor because he is neither party nor priuie to that by which thextinguishment groweth But Quere whether in conscience the grauntee ought to haue the whole rent of H. who caused the said recouerie to be so had Do. S. Lib. 2. cap. 17. If a Villein graunted for life purchaseth lands in fee and the grauntee entreth before the villein alieneth the same the grauntee shall haue the land for euer as a perquisite by reason of the villein And this both by Law 5. E. 4. 61. and by conscience D. S. lib. 2. cap. 18. Perkins Sect ' 94. 95. 96. 97.