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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
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