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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
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
c. The Capias Whereupon it was commanded the Sheriff that he omit not c. but that he take them if c. to answer c. and now to wit on Wednesday next after one moneth of Easter this same Term before the said Lady the Queen at Westminster came the said A. B. and the rest under the custody of N. B. and F. B. Sheriffs of the City of London by virtue of a Writ of the Lady the Queen of Hab. Corpora to them directed unto whose custody they were before for the causes aforesaid and certain other causes committed to the Bar here brought in their own persons and are committed to the custody of the Marshal c. And being severally demanded how they will acquite themselves of the premises above imposed upon them the said A B. and the rest severally say That they are not thereof guilty And of this they severally put themselves upon the Country c. One of the Accessaries confesseth the Indictment And one of them saith That he cannot say but that he is guilty of being accessary to the felony and burglary aforesaid above imposed upon him in manner and form as by the Indictment aforesaid it is above supposed against him and the felony and burglary aforesaid as accessary thereunto he did expresly know And thereupon he puts himself upon the mercy of the Lady the Queen And the Jurors of the Jury aforesaid by the Sheriff of the County of Middlesex impannalled being called likewise came And being elected and sworn to speak the truth of the premises say upon their Oath That the said A. B. and the others are and every one of them is guilty in form aforesaid above imposed upon them and that they have no Goods not Chattels Lands nor Tenements c. For Manslaughter an Enquest taken by the Coroner upon the view of the Body W. ss OTherwise to wit the sixth day of December c. D. in the County aforesaid before I. H. one of the Coroners of the said La. the Queen of the County aforesaid upon view of the Body of H. B. there lying dead and slain by the Oath of twelve Jurors it is presented That the fifteenth day of December in the year abovesaid at D. aforesaid in the County aforesaid it so happened that I. W. late of the Parish of St. L. c. together with one H. M. H. D. R. S. H. W. and divers other persons in the house of one E. C. Inholder then and there also being And the said H. B. unto the said I. W. unknown in the same house also then being and the said I. W. then and there having two little Guns in a case called a case of Daggs one whereof was loaden with Powder and Lead to the said I. W. likewise unknown And the said H. B. did then and there desire the said I. W. to shew unto him the said H. B. one of the Daggs aforesaid which the said I. W. at the serious request of the said H. B. did then and there draw forth of the case aforesaid one of the Daggs aforesaid and did then and there deliver the same unto the said H. B. which being seen by the said H. B. he did unto the said I. W. then and there again redeliver which said Gun called a Dagg aforesaid the said I. W. did put again into the case aforesaid and immediately afterwards the said H. B. did again desire the said I. W. to shew him the Gun aforesaid and how he might discharge the same And the said I. W. then and there at the further request of the said H. B. did again draw forth the Gun aforesaid out of the case aforesaid and asked the said I. W. then and there being present for the Key of the Dagg aforesaid and whether both the said case of Daggs were charged or not which said H. B. then and there did answer the said I. W. that both the said Daggs were charged and the said I. W. then and there said to the said H. B. Art thou certain hereof And the said H. B. then and there again answered that they were both charged and then and there delivered the Key of the Dagg aforesaid unto the said I. W. which said I. W. the Lock of the said Dagg did then and there winde up and extend and then delivered the Dagg aforesaid unto the said H. B. according to his request aforesaid and without any evil felonious minde or malice forethought by the said I. W. against the said H. B. had the Dagg aforesaid suddenly and by misfortune then and there against the said H. B. upon the forepart of his head with the Lead aforesaid so loaden did discharge it self giving to the said H. then and there one mortal wound of the depth of four fingers and the breadth of one finger of which said deadly wound the said H. B. then and there did instantly die And the Jurors aforesaid upon their Oath aforesaid do say That the said I. W. the said fifteenth day of December in the year c. abovesaid at D. aforesaid in the County aforesaid the said H. B. in manner and form aforesaid casually and by misfortune did kill and murther and not otherwise nor in any other manner And further the said Jurors do say upon their Oath aforesaid that the said I. W. at the time of the death of the said H. B. had no Goods nor Chattels Lands Tenements to their knowledge And the Jurors aforesaid do appraise the said Gun called a Dagg to six shillings and eight pence which remains in the custody of the Parish of D. c. inter placita Coronae For Manslaughter se defendendo K. ss OTherwise That is to say the fourth day of October in the year of the Raign of c. at S. in the County aforesaid before I. F. Gent. one of the Coroners of our said Lord the King of the County aforesaid upon view of the Body of T. H. there lying dead who was the servant of G. F. of M. in the County aforesaid Esquire by the Oath of twelve Jurors it stands presented That the said T. H. the twenty ninth day of September in the year c. about two of the clock in the afternoon of the same day with force and arms c. That is to say with a Sword and with a Dagger of the value of five shillings which the said T. H. in his hands then and there had and held at S. aforesaid in a common foot-way there leading between S. aforesaid and M. towards S. in the County aforesaid in a certain place there called B. in and upon one I. H. of T. in the County aforesaid Yeoman in the peace of God and of our said Lord the King then and there being and towards M aforesaid then and there going of his wicked malice forethought did make an assault and him the said I. then and there with the Sword aforesaid did wound against the peace c. Whereupon the said I. H. that he
aforesaid And also that he the said N. T. may come here into Court to answer the premises c. Upholsters Stat. 9. 11. H. 7. 19. 5. 6. E. 6. 2. 3. None shall make to the intent to sell or offer to be sold any Featherbed Bolster Pillow Cushion Quilt Mattress c. except such as are stuffed with one sort of stuff viz. Clean Wooll Feathers or Flocks alone and not mixed with hair or any unlawful stuff in pain to forfeit the same so sold or put to sale or the value thereof Which said forfeitures are to be divided betwixt the Protector and the prosecutor Information against Upholsters BE it remembred that I. S. who as well for the now Lord Protector as for himself in this behalf prosecutes came here into Court the fifteenth day of June in the year of Lord 1657. in his own person and gave the Court here to understand and be informed that one J. J. late of London Upholster between the twenty fourth day of June last past and the day of the Exhibiting this information at London aforesaid That is to say in the Parish of blessed Mary Bow and Ward of Cheap using and exercising the Art Trade and Mystery of an Upholster did sell and utter to divers persons whose names to the said I. S. who c. as yet are unknown twenty Beds price of every Bed forty shillings twenty Pillows price of every Pillow ten shillings twenty Bolsters price of every Bolster twenty shillings twenty dozen of Cushions price of every dozen thereof forty shillings twenty dozen of low Stools price of every dozen thereof three pounds ten dozen of high Chairs price of every dozen thereof four pounds And the said I. S. as well for the said Lord Protector as for himself will verifie that the said Beds Pillows Bolsters Cushions Stools and Chairs were stuffed with mixed and unlawful stuff as hair and feathers mixed together and not with clean feathers or clean flocks alone against the form of the Statute in this Case made and provided By means whereof he the said J. J. hath forfeited to the said Lord Protector and the said I. S. who as well c. the sum of two hundred and ten pounds of lawful money of England That is to say the value of the said goods and wares so by him in manner and form aforesaid and against the form of the Statute aforesaid of unlawful and mixed stuff sold and put to sale aforesaid 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 process c. And that he the said I. S. who c. may have one moyety of the said forfeitures according the form of the Statute aforesaid And moreover that he the said J. J may come here into Court to answer the premises c. Forestalling Stat. 5. 6. E. 6. 14. If any person shall buy or contract for any Merchandize V●ctual or other thing whatsoever in the way before it be brought unto any F●i● or Market where it should be sold or shall c●use the same to be so brought or shall disswade people from bringing any such Commodity unto such place or being brought shall perswade them to inhance the price thereof every such person and persons shall be adjudged a forestaller Stat 1 Edw. He shall be adjudged a Regrador that buys any Grain Wine Fish Butter Cheese Candles Tallow Sheep L●mbs Calves Swine Piggs Geese Capons Hens Chickens Pigeons Coneys or any other dead Victuals whatsoever brought to a Fair or Market to be sold there and doth sell the same again within the same Fair or Market or in any other Fair or Market within four miles Stat. idem He is an ingrosser who shall get into his hands by buying contract or promise other then by demise any corn growing on the ground or other Grain Butter Cheese Fish or other dead Victuals whatsoever with an intent to fell it again Information against an Ingrosser for buying Corn on the ground Essex ss BE it remembred that I. S. who as well for the L. Protector of England Scotland and Ireland and the Dominions thereunto belonging as for himself in this behalf prosecutes came here into Court the seventeenth day of June in the year of our Lord 1657. in his own person and gave the Court here to understand and be informed that one R. D. late of D. in the County aforesaid Chandler between the first day of April last past and the day of the Exhibiting this Information at E. in the said County did ingross and obtain into his hands and possession by buying and not by demise grant sale of Land or Tythes of divers persons whose names to the said I. S. who c. as yet are unknown ten Acres of Wheat every Acre thereof of the value of six pounds forty Acres of Rye every Acre of the value of four pounds an hundred Acres of Barley every Acre of the value of three pounds being and growing in the blades and standing Corn in the fields of D. aforesaid in the said County with an intent to sell again the Grain coming thereof and of every parcel thereof after the buying thereof contrary to the form of the Statute in this Case made and provided Whereby the said R. for this first offence hath forfeited five hundred and twenty pounds of lawful money of England to wit the value of the Corn aforesaid so by him in manner and form aforesaid and against the form of the Statute aforesaid bought and ingrossed Whereupon the said R. B. who as well c. prayeth the advice of the Court here in the premises and that he the said R. B. who c. may have the moyety of the forfeitures aforesaid according to the form of the Statute aforesaid And that the said R. D may be accounted an unlawful ingrosser and may suffer imprisonment of his body by the space of two moneths without bayl or mainprize and also that the said R. D. may come here into Court to answer the premises c. The penalty against Forestallers Regradors and Ingrossors The first offence is forfeiture of the goods so bought or had and two moneths imprisonment without bayl the second offence is double the value and six moneths imprisonment without bayl The party offending the third time shall forfeit all his goods be set upon the Pillory and imprisoned at the Kings pleasure An Information against a Forestaller L. ss BE it remembred that I. S. who as well for the Lord Protector c. as for himself in this behalf prosecutes came here into Court the thirteenth day of June in the year of our Lord 1657. in his own person and gave the Court here to understand and be informed that one E. D. late of London Chandler between the first day of January last past and the day of the exhibiting this information at London aforesaid to wit in the Parish of blessed Mary-Bow and Ward
equal parts And that he the said A. may have one third part of the forfeitures aforesaid according to the form of the Statute aforesaid And that he the said N. H. may come here into Court to answer in and upon the premises c. Residence Stat. 21. H 8. 13. Every Spiritual person promoted to any Dignity or Benefice or being beneficed with any Personage or Vicarage that he be personally resident and abiding upon his said Dignity Prebendary Rectory Benefice or Vicarage or at one of them at least in pain to forfeit for not being so resident by the space of a moneth together the sum of ten pounds to be divided betwixt the King and the prosecutor An Information against a Minister for non-residency L. ss BE it remembred that I. S. who as well for the now Lord Protector as for himself in this behalf prosecutes came here into Court the three and twentieth day of Jan. this Term in his own person and as well for the said Lord Protector as for himself gave the Court here to understand and be informed that whereas by a certain Act of Parliament of King Henry the eighth held at Westminster in the County of Middlesex the third day of November the one and twentieth year of his Reign it stands enacted by the Authority of the same Parliament That after the Feast of Saint Michael the Arch-angel then next following no person Spiritual Secular nor Regular of whatsoever degree he or they were should from thence take to Farm to him or to any person or persons to his proper use of the Leafe or Grant of our Lord the King or of any other person or persons by Letters Patents Indenture or Writing or by Word or otherwise by any means any Mannors Lands or Tenements or other Hereditaments for term of life for term of years or at will under the pain of forfeiture of ten pounds for every moneth wherein be or any other to his use did occupy any such Farm the one moyety of such forfeiture to be to our said Lord the King and the other moyety thereof to be to any such person as should prosecute suit for the same in any of the Courts of Record of our said Lord the King In which Action and Suit no wager of Law was to be admitted for the Defendant And further it is enacted by the Authority aforesaid That all such Demises made or then thereafter to be made to any such Spiritual person or persons or to any others to their use for term of life years or at will of any Mannors Lands Tenements or Hereditaments of which they or any of them should take any profit or medling by themselves or by any other to their use after the same Feast of Saint Michael by colour of any Demise or Grant and by them not bargained granted and sold before the said Feast as is before limited should from thence be void and of no sorce as well against the Lessor and Lessors Grantor and Grantors their Heirs and Assigns and against any of them as against the Lessee and Lessees And their Executors and Assigns and every of them And lastly it is Enacted by the Authority of the same Parliament that as well every Spiritual Person then promoted to any Arch-deaconry Deaconry or Dignity in any Monastery or Cathedral Church or any Covent or Collegiate Church or being Beneficed with any Parsonage or Vicarage That all and singular Spiritual person or persons which from thence hereafter should be promoted unto any Place Dignities or Benefices with any Parsonage or Vicaridge from the Feast of Saint Michael the Arch-angel then next following should be personally resident and abiding at and upon their Dignities Prebendaries or Benefices or at one of them at least And in case any such Spiritual Person at any time after the same Feast should not keep residency at one of his Dignities Prebendaries or Benefices aforesaid but shall absent himself voluntarily by the space of one moneth at one time or by the space of two moneths to be numbred at several times in any one year And shall make his residence and habitation in any other place by such time aforesaid That then he or they shall forfeit for every such default ten pounds of lawful money of England Yet nevertheless A. W. lately of London aforesaid being a Spiritual Person and Rector of the Parish of Saint E. in London aforesaid very little weighing the Statute aforesaid nor in any manner fearing the punishment in the said Statute contained after the publishing of the Statute aforesaid and before the day of the Exhibiting this information to wit the tenth day of February last past and continually afterwards by the space of eleven whole moneths then next following did voluntarily absent himself from his Rectory aforesaid so that the aforesaid A. W. did in no wise make his abode or residency in at or upon his Rectory aforesaid by the time aforesaid against the form of the Statute in that Case made and provided as aforesaid By means whereof the said A. W. hath forfeited to the said Lord Protector and to the said I. S. who as well c the sum of an hundred and ten pounds of lawful money of England That is to say for each moneth of the aforesaid eleven moneths ten pounds in the whole amounting after that rate to the said sum of an hundred and ten pounds 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 process of Law may be awarded against him the said A. W. in this behalf And that he the said I. S. who c. may have one moyety of the said forfeitures according to the form of the Statute aforesaid And also that the said A. W. may come here into Court to answer in and upon the premises c. Dyers Statute No Dyer shall dye any Cloth with Logwood Orchel or Cork or other deceitful way or means on pain to forfeit the same or the value thereof An Information against Dyers using Logwood L. ss BE it remembred that I. B. who as well for the now Lord Protector as for himself in this behalf prosecutes came here into Court the sixth day of June in the year of our Lord 1657. in his own person and as well for the said Lord Protector as for himself gives the Court here to understand and be informed that one D. S. late of London Dyer between the first day of April last past and the day of the Exhibiting this Information at London That is to say in the Parish of blessed Mary Bow and Ward of Cheap using and exercising the Art and Mystery of a Dyer did use for the dying of broad Woollen-cloathes Kerseys and Bays a certain outlandish Wood called Logwood otherwise Blockwood with other deceitful means and within the time aforesaid at London aforesaid in the Parish and Ward aforesaid he the said D. S. ten broad Woollen-cloathes
might keep the peace of God and of our said Lord the King and observe the Laws of this Land in this behalf provided having in his hands for his defence one Sword and one Dagger of the price of five shillings and himself then and there defending and for the safeguard of his life with his Sword and Dagger aforesaid the furious blows and strikeings of the said I. H. from the body of him the said I. H. defending and bearing off and him the said T. in no wise at all striking again but from him the said T. H. continually backwards from the common foot-way aforesaid then and there did fly And the said T. H. the fear of God then and there not having before his eyes but being seduced by the instigation wrath and malice of the Devil and the said I. H. to kill and murther intending him the said I. H. did then and there seriously follow until the said I. by flying backwards came to a certain corner against a certain hedge in the said place called B. neer the common foot-way aforesaid then and there being And because the said I. H. for the height of the said hedge then and there being and growing could not any other ways escape without danger of sudden death the said I. H. then and there with his Sword and Dagger aforesaid in defending himself and for the safegard of his life and of inevitable necessity with his Sword aforesaid did stretch a blow towards the said T. H. And him the said T. by the blow aforesaid with the Sword aforesaid upon his left arm and from his left arm aforesaid sliding down upon the belly also of the said T. with his Sword aforesaid then and there did smite and two several wounds to wit one wound upon his left arm aforesaid of the length of three fingers and in breadth and depth half a finger and one other wound upon the belly of the said T. half a finger broad one finger long and two fingers deep then and there to him did give of which said wounds the said T. H. from the aforesaid hour of two a clock in the after noon of the same day c. until six a clock in the afternoon of the thirtieth day of September aforesaid at S. aforesaid did languish in which hour being the sixth hour after noon of the said thirtieth day of Septem aforesaid in the year c. the said T. H. at S. aforesaid died And the said Jurors do say upon their Oaths That the said I. H. the day hour year and place abovesaid the said T. H. with his Sword abovesaid and by the blow aforesaid in his own defense and for the safety of his life and out of inevitable necessity did kill and that so and no otherwise the said T. came to his death And also the Jurors aforesaid say upon their Oath That the said I. H. the day and year abovesaid had no Goods nor Chattels c. For Murther upon view of the Body K. ss OTherwise to wit the first day of May in the year c. by a certain Inquisition indented taken at W. in the County aforesaid before E. H. one of the Coroners of our said Lord the King of the County aforesaid upon view of the Body of I. H. late of W. aforesaid Husbandman lying dead and slain then and there at W. aforesaid by the Oath of twelve Jurors good and lawful men of W. aforesaid and three other Villages to the said Village of W. aforesaid next adjacent as the manner and custom is who being sworn and charged to inquire how in what manner and when the said I. H. came to his death upon their Oath aforesaid say That on Saturday to wit the twenty fifth day of c. between the hours of nine and eleven before noon of the same day the said I. H. being at W. aforesaid in the Kings high-way leading from W. aforesaid towards D. in the County aforesaid in the peace of God and of our said Lord the King one V. G. late of W. aforesaid Gentleman into the said Kings high-way then and there came And the said V. G. not having the fear of God before his eyes but the malice and instigation of the Devil him seducing and thereunto moving then and there to wit the said twenty fifth day of April in the year abovesaid with force and arms pursuing the said I. H. with a certain Sword feloniously drawn as a felon of our said Lord the King voluntarily and of his malice forethought did make an assault in and upon the aforesaid J. H. and the aforesaid V. G. with a Sword aforesaid of Iron and Steel of the value of twelve pence which the said V. G. in his right hand then and there had and held drawn feloniously and of his malice aforesaid the said J. H. then and there did smite and wound and gave to the said J. H. then and there feloniously and of his malice fore-thought with the Sword aforesaid one deadly wound in and upon the right part of his right thigh of the length of three fingers and of the depth of two fingers and a half of which said deadly wound in the form aforesaid given the said J. H. from the aforesaid 25 day of April in the yeer aforesaid until the 30 day of the said month of April at W. aforesaid in the County aforesaid did languish and live languishing on which said 30 day of April in the yeer c. abovesaid the said J. H. at W. aforesaid in the County of K. aforesaid of the mortal wound aforesaid died and so the Jurors aforesaid upon their Oath aforesaid do say that the said V. G. late of W. aforesaid Gent. the said 30 day of April in the yeer c. abovesaid at W. aforesaid in the County aforesaid the aforesaid J. H. in manner and form aforesaid of his malice forethought feloniously and voluntarily did kill and murder against the peace c. And furthermore the said Jurors do say upon their Oath aforesaid that the said V. G. after the felony and murder aforesaid by the said V. in manner and form aforesaid done and committed then and there did flie away and withdrew himself to places to the Jurors aforesaid unknown and what Goods and Chattels Lands or Tenements he had at the time of the Felony and Murder aforesaid by him in the manner and form aforesaid done and committed or now hath the Jurors are altogether ignorant In witness whereof as well the said Coronor as the Jurors aforesaid have to this Inquisition indented interchangeably put their Seals dated the day and yeer abovesaid Which said Indictment the said Lord the King for certain causes now afterwards hath caused to come before him to be determined c. The Capias in Murder WHereby it was commanded the Sheriff that he should not omit c. but that he take him c. to answer c. A Presentment for a Nusance for not repairing of the High-way Middl. ss
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
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