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judgement_n court_n record_n writ_n 3,114 5 9.8826 5 true
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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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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
E. L. by way of extortion under colour of his Office aforesaid the said two shillings six pence did to his own use receive c. against the form of the Statute aforesaid Whereby an Action hath accrued to the said Lady the Queen and to the said I. E. who as well c. to have and receive of the said E. L. three hundred and twenty pound to wit for every offence of the said several offences forty pounds by him according to the form of the Statute aforesaid forfeited whereupon the said I. E. prayeth one moyety according to the form of the said Statute and as well c. prayeth the advice of the Court in the premises and due process of Law against the said E. L. in this behalf to be awarded to answer as well to the said Lady the Queen as to the said I. L. in the premises c. Whereupon the Sheriff was commanded c. that he should not omit c. but that he attach him to answer c. and now to wit on Friday next after the morrow of the holy Trinity in the same Term before the said Lady the Queen at Westminster came the said E. L. by I. I. his Attorney And having heard the Information aforesaid saith That he is not thereof guilty and of this he puts himself upon the Country and G. G. Esquire Attorney General of the said Lady the Queen for the said Lady the Queen in like manner Therefore let a Jury thereof come before the said Lady the Queen in eight days of Saint Michael wheresoever c. and who c. to recognize c. because as well c. The same day is given to the said G. G. who followeth c. and to the said E. L. c. The Sheriff in this Case compounded with the Informer and submitted to a Fine to the Court as appears by the Roll. Trin. 19. Eliz. Rot. 42. inter placita Coronae And this was for taking two shillings for a Warrant And now they will not take under two shillings a name for a Warrant Sure this Statute hath lain a long time asleep I hope now some Informers will awaken the Statute and the Sheriffs and Bayliffs too Indictments An Indictment for Buggery with the issue in the Crown-Office M. ss OTherwise to wit on Tuesday next after one moneth of Easter this same Term before the Lord the King at Westminster in the County of Middlesex by the Oath of twelve Jurors it is presented that H. S. late of London Esquire God not having before his eyes nor the order of nature regarding but by the malice and instigation of the Devil being seduced the twelfth day of May last past at the Parish of Saint Andrew in High Holborn in the County aforesaid to wit in the Mansion-house of one M then and there with force and arms in and upon one R. B. a Masculine-childe of the age of sixteen years did make an assault And with the said R. B. then and there wickedly diabolically feloniously and against nature had carnal copulation and him the said R. then and there did carnally know and that detestable and abominable sin of Sodom not to be named among Christians called Buggery then and there with the said R. B. wickedly feloniously diabolically and against nature he did commit and perpetrate to the great displeasure of Almighty God and disgrace of mankinde against the peace of our Lord the King His Crown and Dignity and against the form of the Statute in this Case made and provided c. Whereupon it was commanded the Sheriff that he should not omit c. but that he take him if c. to answer c. And now to wit on Saturday next after the morrow of the Ascension of our Lord this same Term before the Lord the King at Westminster came the said H. S. in the custody of the Marshal of the Marshalsey of our Lord the King before the said King to whose custody the said H. S. before for the cause aforesaid was committed And at the Bar here being brought in his own person in the custody of the Marshal c. and being asked how he will acquit himself of the premises above imposed upon him saith That he is in nothing guilty thereof and of the good and evil thereof he puts himself upon the Country Therefore let a Jury thereof come before the L. the King here on Munday next after eight days of the Holy Trinity next coming and who c. to recognize c. because c. the same day is given to the said H. S. in the mean time unto the custody of the said Marshal committed to be safe kept c. At which day before the said Lord the King at Westminster came the said H. S. under the Custody of the said Marshal in his own person And the Jurors of the Country aforesaid by the Sheriff of the County aforesaid hereunto impannalled being called likewise came who being elected tryed and sworn to speak the truth of the premises upon their Oath do say That the said H. S. is guilty of the Felony and Trespass aforesaid above imposed upon him in manner and form as he is above indicted And that he hath no Goods or Chattels Lands or Tenements to the knowledge of the Jury aforesaid And hereupon he is asked if he hath any thing to say for himself wherefore the Court should not proceed to judgement against him and execution thereupon concerning the premises who saith nothing more then what he hath already said Whereupon by the Court here the premises being understood it is considered that the said H. S. be hanged until c. And the Marshal is commanded that he cause execution to be thereof done on the peril c. Par. 5. Jac. Rot. 3. inter placita Coronae An Indictment for Burglary M. ss OTherwise that is to say on Thursday next after three weeks of Easter this same Term before the Lady the Queen at Westminster by the Oath of twelve Jurors it stands presented That A. B. late of L. Yeoman together with others the tenth day of April in the year c. about the first hour before the middle of the night of the same day with force and arms that is to say with Swords Staves and Knives c. the Mansion-house of C. D. Knight in the County aforesaid one H. and E. servants of the said C. D. Knight then and there in the peace of God and of our said Lady the Queen being and resting feloniously and burglarily did break and enter And seventy Buttons of Gold of the weight of four ounces and a half to the value of eleven pounds and one Jewel of Gold with a precious Stone called an Agat in the same fixed of the value of five pounds and fourteen pounds in moneys numbred of the Goods Chatt●ls and moneys of one B. K. Esquire in the same house then and there found feloniously and burglarily 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