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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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will and commaund you and by vertue of these our Letters patents giue full power warrant and aucthoritie vnto you or to any viii vii vi v. iiii or iii. of you of which number we will that you c. be alwaies one to commit him or them to prison there to remaine till his her or their conformities shall be therein had willing commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be alwaies one that at such times places as to your discretions or to the discretion of any viii vii vi v. iiii or iii. of you of which number c. be alwaies one shall seeme fit and conuenient diligently to attend applie and with speede put in execution the effect of this our Commission so as the complainants before named or any of them which shall haue to do therein may not haue iust cause to make further complaint for delay or want of Iustice willing and commaunding you or any viii vii vi v. iiii or iii. of you of which we will c. be one to admit no dilatorie exception to any supplication or supplications bill or bils of complaint exhibited or to be exhibited before you or any viii vii vi v. iiii or iii. of you of which number we will that c. he alwaies one or otherwise to the ouerthrowing of this our Commission But according to our meaning herein to proceed and to go to the full hearing ordering decreeing iudging and determining of the right title and demaund of the parties aforesaid of for and concerning the premisses and euery part and parcell thereof and accordingly to decree and iudge as to equitie and right shall appertaine any act statute law prouision or ordinance to the contrarie thereof notwithstanding And therefore fayle you not as you tender our fauor for if our sayd Subiects O. D. P. P. I. F. M. D. and R. D. should be put from such triall of their right to the premisses as by this our Commission we haue prouided for them Their disabilitie and want of riches wealth friendship and alyance considered and of the other part the said Lord of H. their aduersarie being throughly furnished of all those things and withall being a Lord by byrth and of great calling and aucthoritie and inhabiting within the said Countie where the said lands c. do lye our said subiect should be in perill and danger to be without remedie at our common Lawes there which were no small mischiefe to them The premisses considered we haue graunted this our Commission according to the tenor aforesaid And further we will and commaund you and by vertue hereof giue full power and aucthoritie vnto you or any viii vii vi v. iiii or iii. of you of which we will that c. be one that after the right interest title and demaund decreed adiudged and determined as is aforesaid that you haue consideration vnto the hinderance losses and damages which the Complaynants or any of them as is aforesaid haue had and susteyned by reason of the wrongfull deteyning of the possession of the premisses and the said damages by you as is aforesaid taxed and extracted thereof to cause a full execution and satisfaction to be had and made vnto the said complainants and euery of them as is aforesaid And for the better putting in execution of this our Commission we will and commaund the Shirife of that our said County of D. and all other our Officers for the time being to whom in this case it shall apperteine that they and euery of them be attendant vpon you or any viii vii vi v. iiii or iii. of you of which we will that c. be one for thexecuting fulfilling and doing of all and euery act acts thing or things as shall be by you or any viii vii vi v. iiii or iii. of you of which be alwaies one commaunded limited or appointed In witnesse whereof c. Hauing hitherto in some sort shewed the writs of Commissions and course of proceeding in Chancerie suits It seemeth needefull now to expresse what Bills of complaint Answeres Replications Reioinders and Surreioinders be with diuers formes thereof according to the causes of suit ¶ What a Bill of Complaint is A Bill of Complaint is a declaration in writing shewing the Sect. 62. plaintifes griefe and the wrong which he supposeth to be done vnto him by the defendant and what damages he 〈◊〉 by 〈◊〉 sion thereof praying processe against him for ●edresse of the same as may appeare by many examples hereafter following whereupon Hostiensis hath these verses Quis quid coram quo quo iure petatur a quo Recte compositus quisque libellus habet And first the matter of euery bill ought to be true Secondarily the same matter ought to be layd downe therein plainely and certeinly in euery circumstance of the thing person time place maner of doing other accidents And thirdly the same ought to be sufficient in Law both for the forme thereof and for the matter that it be such as is examinable in this Court which being otherwise may be dismissed thence THe direction of all Bills in the Chancerie must be at the toppe Sect ' 63. thereof And when there is neither Lord Chancelor nor Lord Keeper it is thus To the Queenes most excellent Maiestie in her highnesse Court of Chancerie In most humble maner complayning sheweth vnto your most excellent Maiestie your most humble and obedient subiect H. C. c. And when there is a Lord Keeper as at this time thus To the Right honorable Sir Iohn Puckering Knight Lord Keeper of the great Seale of England And when there is a Lord Chancelor then thus To the Right honorable Sir C. H. knight Lord Chancelor of England Their other titles of honor may be also added in the said direction but they are not much necessarie What an Aunswere is AN aunswere is that which the defendant pleadeth or sayth in Sect ' 64. barre to auoid the plaintifes bill or action either by confession and auoiding or by denying and trauersing the material parts thereof And the title of such aunswere is thus The Aunswere of A. B. defendant to the Bill of complaint of C. D. complainant But if there be many defendants then thus The ioint and seuerall aunsweres of A. B. and C. D. defendants to the bill of complaint of E. F. complainant An aunswere is called in Latin Exceptio quae dicta est quasi quaedam exclusio quae interponi actioni cuiuscunque rei solet ad excludendum id quod in intentionem condemnationem iure deductum est Vlpianus What a Replication is A Replication is the plaintifes speech or answere to the defendants Sect. 65. answere which must affirme and pursue his bill and confesse and auoide denie or trauerse the defendants aunswere And note that the plaintife ought to replie the next Terme after that the defendant hath aunswered else may
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