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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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shall then and there be objected against you on our behalf and further to do and receive what our said Court shall consider thereof in this behalf And this you shall not omit on pain of an hundred pounds And have you there this Writ witness c. Pinsent On the backside of the Writ indorse the Informers Name and the Statute on which the Action is grounded or if there be several Informations then thus I. S. prosecutes this writ upon the breach of several Statutes Then if the Defendant appear not Affidavit being made that the Subpaena was served an attachment is awarded against him to arrest his body and he must pay costs to the Informer before he can enter his appearance which costs is to be allowed by a Judge or Justice of the Court where the Information is brought An Information for buying of pretended Titles Le Stat. de 32. H. 8. cap. 9. S. ss G. B. who as well for the Lord the King as for himself followeth came here into Court the twelfth day of February this same Term in his own person And as well c. as for himself gave the Court here to understand and be informed that whereas one I. W. the twentieth day of May in the year c. and by the space of two years then last past was seized in his demeasne as of Fee of and in one Messuage with the appurtenances in G. in the County aforesaid of the value of sixty pounds And the said I. W. by all the time aforesaid the issues and profits of the said Messuage with the appurtenances had and received to his own proper use Nevertheless one I. O. the said twentieth day of May in the year aforesaid did Enfeoffe one R. O. his brother of the Messuage aforesaid with the appurtenances to hold to him and his Heirs for ever And the said Richard the said twentieth day of May in the year aforesaid at G. aforesaid knowing the same did receive of the said I. O. the Feofment aforesaid of the Messuage aforesaid with the appurtenances to him and his Heirs in the form aforesaid made whereas neither the said I. O. nor any of his Ancestors nor he nor they by whom the said I. O. claimed the Messuage aforesaid with the appurtenances were in possession nor in seized reversion thereof neither did he or they receive the rents or profits of the same Messuage by the space of one whole year next before the said Feofment by the said I. O. to the said R. O. so thereof made And by the aforesaid R. of the said I. as aforesaid received against the form of the Statute in this Case made and provided Whereby the said I. O. hath forfeited sixty pounds that is to say the value of the said Messuage with the appurtenances by him against the form of the Statute aforesaid to the aforesaid R. in the form aforesaid enfeoffed And likewise the said Richard hath forfeited sixty pounds for the said value of the Messuage aforesaid with the appurtenances by the said Richard against the form of the Statute aforesaid of the said I. O. by the Feofment aforesaid as aforesaid taken Whereupon the said G. B. who as well c prayeth that he may have the moyeties of the several forfeitures aforesaid according to the form of the Statute aforesaid and as well for the said Lord the King as for himself prayeth the advice of the Court here in the premises And that due process of Law may be awarded against the said I O. and R. O. in this behalf and that the said I. and R. may come here into Court to answer as well the said Lord the King as the said G. who c. in and upon the premises c. Hill 2. Jac. rot 2933. com Banco For buying of pretended Titles Stat. 39. H. 8. cap. 9. An Information in the upper Bench and issue thereupon inter placita Coronae 19 20. Eliz. Rot. 28. K. ss BE it remembred that T. W. who as well for the Lady the Queen as for himself in this behalf prosecutes giveth the Court of our Lady the Queen here to under and and be informed that whereas by a certain Act in the Parliament of the Lord Henry the eighth late King of England begun at Westminster the twenty eighth day of April in the one and thirtieth year of his Reign and afterwards continued by divers prorogations until the twelfth day of April then next following and from thence held until the eleventh day of May then next following and from thence continued by prorogation until the fifth day of May then next following and then held till the twenty fourth day of July in the two and thirtieth year of his Reign It was Enacted amongst other things by the Authority of the said Parliament That no person or persons of what degree estate quality or condition soever he or they be from that time forwards should bargain buy or sell or by any way or means shall obtain acquire or have by any pretence any Rights or Titles or shall take or receive any promise grant or conveyance to have any Right or Title of any person or persons in or to any Mannors Lands Tenements or Hereditaments unless such person or persons which shall so bargain sell give grant convey or promise the same or his or their Ancestors by whom he or they claim the same were in possession of the same or in the Reversion or Remainder thereof or received the Rents and Profits thereof by the space of one whole year next before the said grant bargain conveyance or promise made upon pain that he who maketh any such bargain sale promise conveyance or grant shall forfeit the full value of the Lands Tenements or Hereditaments so bargained sold promised conveyed or granted against the form of the said Act And the buyer or receiver thereof knowing the same shall forfeit also the value of the said Lands Tenements or Hereditaments so by him bought or received as aforesaid one moyety of which said forfeitures shall be to the Lord the King the other moyety to the party that will sue for the same in any Court of Record by Action of Debt Bill Plaint or Information in which Action Bill Plaint or Information no Essoyne Protection Wager of Law or Injunction shall be allowed as in the same Act amongst other things more plainly appears Nevertheless one L. A. of London S. the Statute aforesaid little regarding after the publishing of the said Act to wit the eighteenth day of May in the year c. at G. in the County of K. claiming a certain pretended Right and Title to her and her Heirs of and in one Messuage two Gardens two Orchards forty Acres of Land twenty Acres of Meadow ten Acres of pasture and ten Acres of Wood and twelve pence half penny rent with the appurtenances in G. aforesaid the Messuage aforesaid and all other the premises with the appurtenances to one P. W. of London Grocer and his Heirs did
convey And the same R. W. then of and in the same with the appurtenances by a writing of Feosment did enfeoffe of which said Tenements neither the said S. nor any of her Ancestors nor he nor they by whom she claimeth the same Tenements were in the possession of the same nor in the possession of the reversion or the remainder thereof neither received the Rents and Profits thereof by the space of one whole year next before the said conveyance and Feofment aforesaid Nevertheless the said R. W. the premises well enough knowing the Statute aforesaid not regarding at G. aforesaid in the County aforesaid the eighteenth day of May in the year aforesaid the Feofment aforesaid of the said S. did receive to hold the said pretended Title of the said S. of and in the aforesaid Tenements to the same R. and his heirs for ever against the form of the Statute aforesaid By virtue whereof the said R. W. was seized of the said Messuage and all other the premises with the appurtenances to him and his heirs according to the Tenor of the Feofment aforesaid And the aforesaid T. W. saith in fact that the Title of the said S. to the aforesaid Messuages and all other the premises with the appurtenances at the time of the Feofment aforesaid thereof by the said R. W. aforesaid made and received was pretended And that the aforesaid Messuages and all other the premises with the appurtenances at that time were worth forty pounds of lawful money of England by which an Action hath accrued to the said Lady the Queen and to the same T. W. who as well for the said Lady the Queen as for himself in this behalf prosecutes to have and receive as well of the said S. A. forty pounds as of the said R. W. aforesaid forty pounds of lawful money of England for the value of the Messuages aforesaid and all other the premises with the appurtenances against the form of the Statute aforesaid taken granted and enfeoffed as aforesaid Whereupon the said T. W. prayeth one moyety according to the form of the same Statute and as well c. prayeth the advice of the Court in the premises and due process of Law to be awarded against the said S. A. and R. W. in this behalf to answer as well to the said Lady the Queen as to the said T. in the premises c. Whereby it was commanded the Sheriff that he omit not but that he attach them c. to answer c. And now to wit on Friday next after the morrow of Saint Martin this same Term before the Lady the Queen at Westminster came the said R. W. by I. M his Attorney and having heard the Information aforesaid saith That the said Lady the Queen or the said R. W. who as well c. ought not any further to trouble him the said R. by occasion of the Information aforesaid because by Protestation he saith That the said Messuages Barns Orchards forty Acres of Land twenty Acres of Meadow ten Acres of Pasture ten Acres of Wood and twelve pence and one half-peny rent with the appurtenances in the Information abovesaid specified were not of so much value as in the Information aforesaid above is supposed And for Plea the same R. saith That he did not accept of the said S. A. the Feofment aforesaid to have any pretended Right or Title of the said S. of and in the Tenements aforesaid in the Information aforesaid specified to the same R. and his Assigns for ever against the form of the Statute aforesaid in manner and form as by the Information aforesaid above against him it is supposed and of this he puts himself upon the Country And G. G. Esquire Attorney General of the Lady the Queen who for the same Lady the Queen in this behalf prosecutes saith That the said R. W. did take of the said S. A. the Feofment aforesaid to have the pretended Right and Title of the said S. of and in the Tenements aforesaid in the Information aforesaid specified in manner and form as by the Information aforesaid against him above it is supposed And this he prayeth may be inquired of by the Country and the said R. W. in like manner c. Therefore let there come a Jury thereof before the Lady the Queen in eight days of S. Hillary Wheresoever c. and who c. to recognize c. because as well c. the same day is given as well to G. G. who followeth c. as to the said R. W. c. Against an under-Sheriff for extortion Stat. 23. H. 6. cap. 10. Information Middl. ss BE it remembred that I. E. of London Haberdasher who as well for the Lady the Queen as for himself in this behalf follows in his own person came into the Court of the Lady the Queen before the same Lady the Queen at Westminster on Friday next after fifteen days of Saint Hillary to wit the first day of February in the year c. the same Term and as well c. gave the Court here to understand and be informed that whereas in a certain Statute in the Parliament holden at Westminster in the County of Middlesex the twenty fifth day of February in the twenty third year of the late King Henry the sixth then King of England amongst other things it was Enacted That no Sheriff under-Sheriff nor any of their Clerks Coroners Stewards of Franchises Bayliffs or Keepers of Prisons or any other Officers or Ministers by occasion or colour of their Office should take any thing by themselves nor by any other to their use profit or advantage of any person by them or any other arrested or attached nor of any person nor any other for the forbearance or hindrance of an arrest upon his body or of any other person by them or any one of them by virtue or colour of his Office to arrest or attach for a Fine Fee Prison-fee Manucaption letting to Bail or for shewing any assistance or favour to any such person arrested or to be arrested for his reward or profit otherwise then such as hereafter followeth That is to say for the Sheriff twenty pence for the Bayliff that makes the arrest four pence to the Gaoler if he be committed to prison to his custody four pence And that all Sheriffs under-Sheriffs Clerks of Sheriffs Stewards or Bayliffs of Liberties Sergeants or Bayliffs and Coroners shall not take any thing by colour of their Office by themselves or by any other person to their use of any person for making the return of any pannel and for the Coppy of a pannel four pence And that the aforesaid Sheriffs and all other Officers and Ministers aforesaid shall let go at Liberty all and all manner of persons by them or by any of them arrested or being in their custody by virtue of any Writ Bill or Warrant in any personal Action or by reason of any Indictment of trespass upon reasonable security of sufficient persons