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judgement_n bring_v plaintiff_n verdict_n 1,799 5 10.9019 5 false
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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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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
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