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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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of the now Lord the King And the said J. immediately after the said Felony and Robbery aforesaid committed at C. neer the said Hundreds of L. and C. did make Hue and Cry of the said Robbery and there did give notice to the Inhabitants of the said Town of C. of the Robbery aforesaid And after the said Robbery was committed and within twenty dayes before the day of the suing forth of this Original Writ by the said J. the said John before R. G. Esquire then one of the Justices of the Lord the King to keep the Peace in the said County of G. assigned within the Hundred of C. was examined upon his Corporal Oath according to the form of the Statute in the twenty seventh yeer of the reign of Elizabeth late Queen of England made and provided and the said John upon his Oath aforesaid did then say That he knew not the party which did the Robbery aforesaid And after the robbery aforesaid 40 days are now past And the said Inhabitants of the Hundred aforesaid satisfaction of the robbery aforesaid to the said John hitherto have not made neither have they taken the Body of the Felon Malefactor aforesaid nor for his Body hitherto have answered but the Felon aforesaid have permitted to escape in contempt of the said Lord the King and to the great damage of the said J. and against the form of the Statute of the thirteenth yeer of the reign of Edward the first aforesaid late King of England made and provided c. And whereupon the said John who as well c. by H. W. his Attorney complaineth That whereas a certain Malefactor to the said John unknown the 15 day of M. in the yeer c. with force and arms that is to say with Swords Staves and Knives in and upon the said J. at T. aforesaid in the Division of the Hundreds aforesaid did make an assault and three shillings and four pence of the money of the said J. in money numbred and one Gelding of the said J. of the price c. and other Goods and Chattels that is to say one Bridle c. there found feloniously from the said John did take and carry away against the peace c. And the said John immediately after the Felony and Robery aforesaid committed at C. neer the said Hundreds of L. and C. did make Hue and Cry of the Robbery aforesaid And notice of the Robbery aforesaid to the Inhabitants of the said Village did then give and after the said Robbery committed and within twenty days before the day of the suing forth of the Original Writ aforesaid that is to say the 26 day of Ianuary in the fourth yeer of the raign of our Lord the King c. the aforesaid J. before R. G. Esquire then one of the Justices assigned to keep the Peace c. inhabiting neer the aforesaid Hundreds of C. and L. to wit at B. in the aforesaid County of G. was examined upon his Corporal Oath according to the form of the Statute aforesaid in the twenty seventh yeer of the raign of the late Queen Elizabeth aforesaid made and provided And the said Iohn upon his Oath aforesaid then said That he knew not the party which did the Robbery aforesaid that forty days are past since the Robbery aforesaid Nevertheless the Inhabitants of the Hundreds aforesaid satisfaction for the Robbery aforesaid to the said Iohn have not made neither have they taken the body of the Felon and Malefactor aforesaid nor for his Body hitherto have not answered but the Felon and Robber aforesaid have permitted to escape in contempt of the said Lord c. and to the great damage of the said Iohn and against the form of the Statute in the thirteenth yeer aforesaid of the said late King Edward the first made and provided Whereby he saith That he is the worse and hath damage to the value of forty pounds and thereupon he brings his suit c. And the Inhabitants aforesaid by R. S. their Attorney come and defend the force and injury when c. and whatsoever c. and say That they are in nothing guilty of the Premises above imposed upon them against the form of the Statute aforesaid as the said Iohn who c. above complaineth against them and of this they put themselves upon the Country and the said Iohn likewise And hereupon the said Iohn saith That the Inhabitants in the aforesaid Hundreds of L. and C. aforesaid are the parties Defendants against whom the said Iohn who as well c. in form aforesaid above complaineth and for that cause he prayeth a Writ of the said Lord the King to the Sheriff of the County aforesaid to be directed to cause to come here twelve c. of the Visne of the Hundred of B. in the County aforesaid for that because the said Hundred of B. is the next Hundred in the County aforesaid adjacent to the aforesaid Hundreds of L. and C. to try the issue aforesaid above in the form aforesaid joyned and because the Inhabitants of the Hundreds of L. and C. aforesaid do not this contradict it is granted unto him c. Therefore it is commanded the Sheriff that he cause to come here from the day of the holy Trinity in three weeks twelve c. of the Visne of the aforesaid Hundred of B. by whom c. and who neither c. to recognize c. because as well c. at which day the Jurors between the parties aforesaid of the Plea aforesaid was respited between them here until this day to wit in eight dayes of St. Michael then next following unless the Justices of our Lord the King assigned to take the Assizes in the County aforesaid according to the form of the Statute on Monday the 20 day of Iuly next following at G. in the County aforesaid should first come And now here at this day came the aforesaid J. by his Attorney aforesaid and the said Justices of Assize before whom c. sent here their Record in these words Afterwards the day and yeer within contained before C. Y. Knight one of the Justices of the Lord the King assigned to hold Pleas before the said Lord the King and D. W. Knight another of the Justices of the said Lord the King assigned to hold Pleas before the said Lord the King Justices of the said Lord the King assigned to take the Assizes in the County of Gloucester according to the form of the Statute c. came as well the within named J. B. as the within written Inhabitants of the Hundreds of L. and C. in their proper persons and the Jurors of the Country within mentioned impanalled and called some of them that is to say N. F. of L. c. so naming all the Jurors that appeared came and are sworn upon that Jury And because the rest of the Jurors of that Jury did not appear therefore tales de circumstantibus c. who being called and sworn
to speak the Truth of the matter within contained say upon their Oaths That the said Inhabitants of L. and C. are guilty of the Premises within imposed upon them against the form of the Statute within written as the said J. B. hath within complained against them and they do assess Damages of the said J. by the occasion within written besides his Costs and Charges by him about his Suit in this behalf expended to ten pounds and ten shillings and for his Costs and Charges to six pence Therefore it is considered that the said Iohn shall recover against the aforesaid Inhabitants in the Hundreds aforesaid his Damages aforesaid to ten pounds ten shillings and six pence by the Jurors aforesaid in the form aforesaid assessed and also nine pounds nine shillings and six pence to the said J. who as well c. at his request for his Costs and Charges aforesaid by the Court here of Increase adjudged Which Damages in the whole do amount to twenty pound and the aforesaid Inhabitants in mercy c. Commit upon the Statute of Hue and Cry for a Robbery committed upon a Servant E. ss THe Inhabitants in the Hundred of B. in the County aforesaid were attached to answer as well unto the Lord the King as G. R. Esquire of a Plea c. And whereupon the said G. who as well c. by C. N. his Attorney complaineth That whereas certain Robbers that is to say six men unto the said G. unknown the 10 day of N. in the yeer c. at N. aforesaid in a place called c. within the aforesaid Hundred of B. with force and arms that is to say with Swords Staves Daggers and Knives in and upon the aforesaid H. P. Servant of the said G. did make an assault and twenty and five pounds in monies numbered of the monies of the said G. and one Gelding of the price of ten pounds of the Goods and Chattels of the said G. in the custody of the said H. P. then and there found feloniously from the said H. P. did spoil rob take and carry away against the Peace of c. And the aforesaid H. P. immediately after the Felony and Robbery aforesaid committed at the aforesaid Town of T. within the Hundred aforesaid which said Town of T. is and was a Town nigh the place aforesaid called the c. where the said Robbery aforesaid was committed did make Hue and Cry of the Robbery aforesaid and then and there did give notice to the said Inhabitants of the said Town of T. of the Robbery aforesaid And after the said Robbery done and committed and within twenty days next before the bringing of this Original VVrit of the said G. that is to say tali Die Anno at E. in the County aforesaid the said H P. before J. G. then one of the Justices c. was examined upon his Oath according to the form of the Statute aforesaid made at Westminster in the County of Middlesex in the twenty seventh yeer of the Reign of the late Queen Elizabeth made and provided And the said H. upon his Oath aforesaid then did say That he did not know the Parties which committed the Robbery aforesaid nor any one of them And after the said Robbery was committed so as aforesaid to wit on the day of the suing out of the said G. that is to say the thirteenth day of May in the yeer c. forty days are expired Nevertheless the said Inhabitants within the Hundred of B. aforesaid satisfaction for the Robbery aforesaid to the said G. hitherto have not made nor the Bodies of the Felons and Robbers aforesaid nor the Body of any one of them have not taken nor for the Bodies of them nor for the Body of any one of them have not answered but the Robbers and Felons aforesaid have permitted to escape in contempt of the said Lord the King and to the great Damage of the said G. and against the form of the Statute aforesaid VVhereupon he saith That he is the worse and hath Damage to the value of sixty pounds and thereupon he brings his Suit c. A Return of a Writ of Error The Record and Process of the Complaint whereof mention is made in this Writ in a Schedule hereunto annexed followeth in these words that is to say THe Court of Record The Town of Wokingam in the Counties of Berks and Wilts of the Keepers of the Liberty of England by Authority of Parliament there holden at the Town of Wokingham aforesaid the twentieth day of June in the yeer of our Lord God One Thousand Six Hundred Fifty and One by vertue of a Charter of our Soveraign Lord James of England late King thereof made c. before T. G. Gent. Alderman of the said Town J. H. Esquire Recorder or Under-Steward of the said Town A. B. Gent. J. S. Gent. and E. V. Gent. Capital Burgesses of the said Town At this Court came R. S. in his proper person and complaineth against R. M. Executor of F. H. deceased in a Plea of Trespass on the Case and did finde Pledges to prosecute the Plaint aforesaid that is to say J. D. and R. R. upon which the said R. S. demanded Process of the Court to be made against the aforesaid R. M. therefore Command was given unto R. P. Sergeant at Mace and Minister of the said Court That he arrest the aforesaid R. M. Executor of the said F. H. deceased and him safe keep c. and that he have his Body here before the Alderman and Burgesses aforesaid at the next Court there held that is to say on Friday the three and twentieth day of June next to answer to the said R. S. of the Plea aforesaid and the same day is given there unto the said R. S. c. At which day here at the same Court of the said Keepers c. at Wokingham aforesaid before T. G. Gent. Alderman J. H. Esquire Recorder R. B. A. B. and J. S. Gent. Capital Burgesses there in the Guild-hall there held came as well the aforesaid R. S. by G. H. his Attorney as the aforesaid R. M. in his proper person and the aforesaid R. P. Sergeant at Mace and Minister of the Court aforesaid did return that he did take the aforesaid R. M. whose Body he hath here to answer the aforesaid R. S. of the Plaint aforesaid as he was commanded and at the same Court the aforesaid R. S. by the aforesaid G. H. his Attorney did desire a day to declare until the next Court to be holden before the said Alderman and Burgesses that is to say Friday the fourth of July next following and it was granted him and at the next Court of the Keepers c. before the said Alderman and Burgesses held the said R. S. by ●he said G. H. his Attorney complaineth against the aforesaid R. M. of the aforesaid Plea in these words ss The Town of Wokingham in the Counties of Berks and Wilts R. S.
OTherwise that is to say in the Term of Easter in the yeer c. before the Lord the King at Westminster in the County aforesaid by the Oath of twelve c. it stands presented that part of the King's High-way in the Parish of S. in the County aforesaid containing in length four Rod in breadth two Rod the first day of M. in the year c. was and still is very hurtful and decayed for defect of Reparations and amending of the same so that the liege People of our Lord the King labouring to pass through the Village aforesaid cannot travel without danger of death to the great and common annoyance of all the Subjects and Liege-People of our said Lord the King through that way labouring and travelling and that R. B. of S. aforesaid ought to amend and repair the aforesaid way when and so often as need shall require by reason of the term of his Lands and Tenements there neer adjacent c. Therefore it is commanded the Sheriff that he omit not but that he cause him to come to answer c. An Indictment for Rape S. ss OTherwise to wit on Thursday next after the week of Easter in the yeer c. at J. in the County aforesaid in a general Session of the Peace there held before H. P. and M. B. Knights and others their Fellows Justices c. by the Oath of twelve Jurors it stands presented that T. M. late of G. in the County aforesaid Yeoman the 21 day of March in the yeer c. by force and arms at H. in the County aforesaid in and upon J. W. the Daughter of one G. W. then and there in the peace of God and of our said Lord the King being did make an assault and her the said J. did beat wound and evil entreat and the aforesaid J. then and there violently and against her will did feloniously ravish and carnally know against the form of the Statute in this case made and provided and against the Peace c. An Indictment for starving an Apprentice Middl. ss THe Jurors for the Lord the King upon their Oath do present That W. T. late of c. the 23 day of March in the yeer c. at the Parish aforesaid in the County aforesaid did retain and receive into his service one J. R. to serve the said W. T. as an Apprentice by the space of eight yeers thence next following And further the said J. R. then being found and healthy in body with the said W. T. from the aforesaid 23 day of M. in the yeer aforesaid at the Parish aforesaid in the County aforesaid un●il the 4 day of November in the yeer c. in the service and custody of the said W. T. as his Apprentice did remain and continue nevertheless the said W. T. God not having before his eyes but of all Humanity and Christian Charity being totally deprived after the 23 day of M. in the yeer aforesaid to wit between the 10 day of June in the yeer c. and the 4 day of November in the yeer aforesaid at the Parish aforesaid in the County aforesaid feloniously voluntarily and of his malice forethought did detain and not allow unto his said Apprentice necessary and sufficient food for the sustentation and preservation of his life by reason whereof the said J. R. between the aforesaid 10 day of June in the yeer aforesaid and the said 4 day of November in the yeer aforesaid then and there through hunger and want of nourishment died And so the Jurors aforesaid do say upon their Oath That the said W. T. his Apprentice aforesaid at the Parish aforesaid in the County aforesaid in manner and form aforesaid feloniously voluntarily and of his malice fore-thought did kill and murder against the Peace c. Hue and Cry Commit upon the Statute of Hue and Cry G. ss THe Inhabitants in the Hundreds of Langtree Crowthorne in the County aforesaid were attached to answer as well the Lord the King as J. B. who as well for the said Lord the King as for himself followeth of a Plea that whereas in a certain Statute in the Parliament holden at Wynton in the thirteenth yeer of Edward the first late King of England made and provided amongst other things it stands ordained for that because Robberies Murders and Thefts do daily increase and are from day to day committed more then heretofore and the Felons could not be attainted by the Oath of the Jurors because they too voluntarily suffered the Felons to escape without punishment and for the most part the Felons have been of the same County or if they have been of any other Country their Receivers have been of the same Visne where the same Felonies have been committed Wherefore for their concealment and negligence and to restrain the said Felonies the late Lord the King hath ordained a Penalty in this Case that from henceforth for fear of the Punishment no Felons should be spared or concealed and hath commanded That Proclamation should be solemnly made in all Counties Hundreds Market-Towns and all Churches and other places where solemn Assemblies of people meet so that none be excused by ignorance That every Country from thence forward should be so kept that immediately after any Robbery or Felony committed fresh pursuit should be made from Village to Village and from Country to Country and also inquisition should be made if it be needful in every Town by the Head-Officer of the Town and afterwards in Hundreds and Franchises and in the County and sometimes in three or four Counties in case when the Felonies are committed in the Marches of any County so that the Felons might be attainted and if the Country should not answer for the Felons then the Penalty should be That every Country that is to say the Inhabitants dwelling in the said Country where the Robbery is committed shall answer for the Robberies done and the Damages so that the whole Hundred where the Robbery shall be committed together with the Franchises in the Precincts of the said Hundred shall answer for the same Robbery And if a Robbery shall be committed in the Division of two Hundreds then both the said Hundreds together with their Franchises shall answer for the same and the said Country shall have no longer time then forty days after the Robbery committed to make satisfaction for the same or should answer for the Bodies of the Felons as by the said Statute more plainly appears And whereas a certain Felon unto the said J. unknown at T. in the Divisions of the Hundreds aforesaid with force and Arms in and upon the said J. did make an assault and three shillings and four pence of the monies of the said J. in monies numbred and one Gelding of the said John of the price of ten pounds and other Goods and Chattels of the price of forty shillings there lately found feloniously from the said J. did take and carry away against the peace
of which false Perjury the aforesaid A. is much damaged in his goods and hath been put to expence whereby an action hath accrued to the said A who c to have and receive of the said I. as well for the aforesaid c. as for himselfe the aforesaid 20 pound neverthelesse the aforesaid I. although often required the aforesaid 20 pound to the said A. who c. hath not rendred but the same to the said A. who c. hitherto to render hath refused and still doth refuse whereupon the said A. who c. saith that he is the worse and hath damage to the value of 20 pound and thereupon he brings his suit c. and the aforesaid I. by S. B. his Atturny commeth and defendeth the force and wrong when c. and faith that he did not commit willful Perjury against the form of the Statute aforesaid as the aforesaid A. who c. by his Declaration aforesaid above doth suppose and of this he puts himself upon the Country and the aforesaid A. who c. likewise Brewers Stat. Jac. Rex No Brewer shall sell Beer or Ale to any Vnlicensed Ale-House on pain of forfeiting six Shillings eight Pence for every Barrel Information To the Justices of the Common Bench. IT is to be remembred that James Roberts who as well for the poor of the Parish of Mary Matsellon otherwise White-Chappel in the County aforesaid as for himself in this behalf prosecutes comes here into Court the sixteenth day of April in the yeer of our Lord one thousand six hundred fifty six in his own person as well for the Poor of the said Parish as for himself he gives the Court here to understand and be informed That one J. W. of London Brewer between the first day of September last past and the day of exhibiting this Information at the Parish of Mary Matsellon otherwise White-Chappel aforesaid in the County aforesaid did sell and utter or cause to be sold and uttered to divers persons whose names to the said J. R. who c. as yet are unknown two hundred Barrels of Strong-Beer one hundred Barrels of Strong-Ale which said Beer and Ale and every parcel thereof was and were afterwards that is to say within the time aforesaid in the Parish aforesaid within the County aforesaid by them sold again as common Tiplers or Ale-House-keepers the said persons nor any of them having any lawful License then in force to sell Beer and Ale contrary to the form of a certain Statute of the third year of the Raign of King James late King of England c. in such cases made and provided By meanes whereof he the said J. W. hath forfeited to the Poor of the said Parish and to the said J. R. who c. the summe of one hundred pounds of good and lawful mony of England that is to say for every Barrel of the said Beer and Ale so by him in manner aforesaid and contrary to the form of the Statute aforesaid sold and uttered as aforesaid the summe of six Shillings and eight Pence the same in the whole amounting to the said summe of one hundred pounds Whereupon the said J. R. who c. as well for the Poor of the said Parish as for himself prayes the advice of the Court in the premises and that due process of Law may be awarded against him the said J. W. in this behalf and that he the said J. R. who c. may have the one moiety of the forfeitures aforesaid and the Poor of the said Parish may have the other moiety thereof according to the form of the Statute aforesaid and moreover that he the said J. may come here into Court to answer the premises M. ss The like Information for the same and the Poor of the Parish of St. Giles Cripplegate against Richard Dashwood of the same Parish and County Brewer Prohibited and sworn the day and year above written before me John Doo and Richard Roo Edw. Atkins Pledges c. An ACT for Discovering Convicting and Repressing of Popish RECVSANTS At the Parliament begun at Westminster the seventeenth day of September Anno. 1656. An Information upon the same Act. L. ss BE it Remembred that John Saubridge who as well for the now Lord Protector c. as for himself in this behalf prosecu●es came here into Court the three and twentieth day of this Terme in his own person as well for the ●aid Lord Protector as for himself gave the Court h●re to understand and be informed That whereas at the Parliament begun at Westminster the seventeenth day of September in the year of our Lord 1656. for the Repressing Convicting and Discovering of Popish Recusants it stands enacted by the same Parliament in a certain Act at the same Parliament made entituled An Act for the Discovering Convicting and Repressing of Popish Recusants made and provided Amongst other things in the same Act contained That it shall not be lawful for any Subject of this Commonwealth other then the household-servants that shall come over with any Ambassador or Agent at any time to be present at Masse at the house of any such Ambassador or Agent or any other place whatsoever upon pain and penalty of one hundred pounds and imprisonment by the space of six Months The one moyety of the said forfeiture to be to the use of his Highness the Lord Protector and his Successors and the other moyety to the Informer to be recovered by Action Bill Plaint Suit or Information in any Courr of Record in which no Essoign Protection or Wager of Law shall be allowed Neverthelesse one A. B. late of London aforesaid Gent. the Act aforesaid nor the Penalties in the same regarding at London aforesaid that is to say Tali die loco did voluntarily repaire unto the place and house aforesaid and then and there was present and did hear one Popish Masse said or sung according to the manner and custome of the Church of Rome against the form of the said late Act of Parliament in this case made and provided by meanes whereof he the said A. B. hath forfeited to the said Lord Protector and I. S. who c. the summe of an hundred pounds of lawful money of England Whereupon the said I. S. as well for the said Lord Protector as for himself prayeth the advice of the Court here in the Premises and that due processe of Law may be awarded against the said A. B. in this behalf and that he the said I. S. who c. may have one moyety of the forfeiture aforesaid and that he the said A. B. may suffer imprisonment by the space of six Months according to the the form of the Act aforesaid and moreover that he come here into Court to answer the Premises c. These Books following are to be sold at the Lamb at the East end of St. Pauls neer the School THe Secretaries study A Piece of Elegant Letters in Fashion The Compleat Bone-Setter A rare Treatise of the Philosophers Salt both by Dr. Turner Two sober Paradoxes By Malvezzi Elementa Optica in Oct. Mr. Wentworth's Miscellania a Piece of School-Divinity There is in the Press Re-Printing with Additions and Amendments that most wanted Piece of Fawlconry By Mr. Latham FINIS