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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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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.
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
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
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
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
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
the nine and twentieth day of September last past and the day of the Exhibiting this Information for the lucre and gain of the said I. H. at London aforesaid to wit in the Parish of blessed Mary Bow and Ward of Cheap did indirectly and by way of corrupt bargain and contract Lend upon Usury Loan and Interest at one sum or by divers and several sums and parcels and to one person or divers several persons whose names to the said I. S. who as well c. as yet are unknown fifty pounds of lawful money of England And the said I. H. the Act of Parliament aforesaid or the penalties in the same little regarding did corruptly and indirectly receive and take of the said one person or of the said several persons for the Use and Interest of every twenty shillings of the said fifty pounds for the Loan of the same for the space of twenty weeks the sum of two shillings In the whole amounting after that rate to the sum of five pounds for the Use and Interest of the said fifty pounds for the said twenty weeks And the said I. S. as well for the said Lord Protector as for himself will verifie that the said I. H. did also receive and take of the said one person or of several persons the said fifty pounds by one sum or several sums paid weekly so that the same was fully paid within the said twenty weeks contrary to the form of a certain Act of the late Sessions of Parliament holden at Westminster in the County of Middlesex on Friday the eighth day of August 1651. Intituled An Act prohibiting any person to take above the rate of six pounds for the forbearance of an hundred pounds for a whole year and so after that rate for a greater or lesser sum or for a longer or shorter time By means whereof the said I. H. hath forfeited to the said Lord Protector and to the said I. S. who as well c. the sum of an hundred and fifty pounds of lawful money of England That is to say treble the value of the money so by him lent upon corrupt Usury and Extortion in manner and form aforesaid and against the form of the Act 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 he the said I. S. who as well c. may have one moyety of the said forfeitures according to the form of the Act aforesaid And also that he the said I. H. may come here into Court to answer in and upon the premises c. Pledges of prosecuting c. John Doo and Richard Roo c. For the Brokers and Usurers sakes I will here lay down the form of a Declaration in an Action of Debt upon the said Statute L. ss G. S. late of London Gentlem. was summoned to answer unto I. T. who as well for the now Lord Protector c. as for himself in this behalf prosecutes of a Plea that he render unto the said Lord Protector and to the said I. T. who as well c. six hundred pounds of lawful money of England which unto the said Lord Protector and unto the said I. T. who as well c. he oweth and unju●tly detaineth c. And whereupon the said I. T. as well for the said L. Pr. as for himself by R. T. his Attorney saith That whereas in the Parliament holden at Westminster in the County of Middl. on Friday the eighth day of August in the year of our Lord 1651. It was Enacted Established and Ordained by the same Parliament and by the Authority thereof That no person or persons whatsoever should from and after the twenty ninth of September then next following directly or indirectly or by means of any corrupt bargain Loan Exchange Chivance or Shifts or by any deceitful ways or means whatsoever receive or take for the forbearance or giving day of payment for any sum or sums of money Goods Wares or Merchandize above the sum of six pounds for the forbearance or giving day of payment for the sum of one hundred pounds for one whole year and so after that rate for a greater or lesser sum or for a shorter or longer time on pain of the forfeiture of treble the value of the said Money Goods Wares or Merchandize lent or put to Loan contrary to the form and effect of the Act aforesaid one moyety of which forfeitures to be to the use of the then Keepers of the Liberty of England c. and their Successors the other moyety to any person that should sue for the same in any Court or Courts of Record wherein no Wager of Law Essoyn or other Protection is to be allowed And thereupon the said I. T. in fact saith That the said G. S. the Act of Parliament aforesaid or the penalties in the same little regarding hath since the publishing of the said Act of Parliament to wit the twenty fourth day of June in the year of our Lord 1656. at London aforesaid That is to say in the Parish of Saint Mary Bow and the Ward of Cheap by ways and means of Corrupt bargain Loan Exchange Chivance and Shifts by deceitful ways and means and by Covin Lent or put to Loan to several persons whose names to the said I. T. who as well c. as yet are unknown divers and sundry sum and sums of money in the whole amounting to the sum of two hundred pounds of lawful money of England And the said I. T. as well for the said Lord Protector as for himself will verifie that the said I. M. hath indirectly for the forbearing or giving day of payment for one whole year for the said sum of two hundred pounds taken above the sum of six pounds for every hundred pounds thereof against the form of the Act aforesaid in this Case made and provided Whereby an Action hath accrued to the said L. Protector and to the said I. T. who as well c. to have and receive of the said G. S. the sum of six hundred pounds of lawful money of England That is to say treble the value of the said money so by him in manner and form aforesaid and against the form of the Act aforesaid Lent or put to Loan yet the said G. S. though often required the said six hundred pounds to the said c. hath not paid c. to the damage c. Clothiers and Drapery Stat. 4. E 4. 1. None shall put into Cloth to be sold any Lambs-wooll Flocks or Cork in pain to forfeit twenty shillings for every Cloth or half Cloth so mingled to be divided betwixt the King and the prosecutor An Information against Clothiers for making Cloth of mingled stuff L. ss IT is to be remembred that I. B. who as well for the now Lord Protector of England Scotland and Ireland and the Dominions thereunto belonging as for himself in this behalf doth prosecute
or to divers certain persons whose names to the said I. S. who as well c. as yet are unknown to sell the same again without License forty Barrels of strong Beer and forty Barrels of strong Ale to be sold again in the house or houses of the said person or persons having no License to Authorize them thereunto And the said I. S. as well for the said poor of the Parish of B. aforesaid as for himself will verifie That the said I. R. did wittingly and of his own knowledge sell and utter the said Beer and Ale to the said house or houses knowing the same was to be sold again and uttered by retail by the said person or persons without License And that the same Beer and Ale within the time aforesaid at the dwelling houses of the said person or persons was sold and uttered against the form of the Statute in this Case made and provided By means whereof he the said I. R. hath forfeited to the poor of the said Parish and to the said I. S. who as well c. the sum of six and twenty pounds thirteen shillings and four pence That is to say for every Barrel of the said Beer and Ale sold by him in manner and form aforesaid to unlicensed Alehouses aforesaid against the form of the Statute aforesaid sold and uttered the sum of six shillings and eight pence in the whole amounting after that rate to the said six and twenty pounds thirteen shillings and four pence whereupon the said I. S. as well for the poor of the said Parish as for himself prayeth the advice of the Court here in the premises and that due process of Law c. 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 he the said I. R. may come here into Court to answer the premises c. Butchers Statute 4. H. 7. 3. No Butcher shall kill any Flesh in his scalding house or within the Walls of London in pain to forfeit for every Ox so killed twelve pence and for every other beast eight pence to be divided between the King and the prosecutor An Information against Butchers for killing Flesh within the Walls of London L. ss BE it remembred that I. S. who as well for the now Lord 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 as well for the said Lord Protector as for himself gave the Court here to understand and be informed that one A. B. late of London Butcher between the twenty ninth day of Septemb. last past and the day of the Exhibiting this Information at London aforesaid to wit in the Parish of c. within the Walls and Liberties of the City of London aforesaid did keep a common Slaughter-house for the killing of Cattle and between the time aforesaid at London aforesaid in the Parish and Ward aforesaid within the Walls and Liberties of the City of London aforesaid did kill four hundred Oxen six hundred Sheep two hundred Prokers two hundred Calves and two hundred Lambs to the great annoyance of the Parishioners of the Parish aforesaid and against the form of the Statute in this Case made and provided By means whereof he the said A. B. hath forfeited to the said Lord Protector and to the said I. S. who as well c. the sum of threescore pounds of lawful money of England That is to say for every Ox of the said four hundred Oxen so by him in manner and form aforesaid and against the form of the Statute aforesaid killed the sum of twelve pence and for every other Beast aforesaid by him killed as aforesaid within the Walls of the City of London aforesaid contrary to the form of the Statute aforesaid the sum of eight pence of like lawful money of England in the whole amounting after that rate to the said threescore pounds Whereupon the said I. S. as well c. prayeth the advice c. and that due process of Law c. And that he the said I. S. who as well c. may have the moyety of the forfeitures aforesaid according to the form of the Statute aforesaid and that he the said A. B. may come here into Court to answer the premises c. Against Butchers for buying Cattle and selling them again alive Stat. 3. 4. E. 19. BE it remembred that I. S. who as well for the now L. Protector c. 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 as well for the said Lord Protector as for himself gave the Court here to understand and be informed that one I. R. late of London Butcher between the first day of August last past and the day of the Exhibiting this information at London aforesaid to wit in the Parish of Saint Mary Bow and Ward did buy of several persons whose names to the said I. S. c. as yet are unknown ten Oxen price of every Ox ten pounds twenty Sheep price of every Sheep twenty shillings twenty Calves price of every Calf thereof twenty shillings and twenty Lambs price of every Lamb ten shillings And the said I. R. afterwards between the time aforesaid at London aforesaid in the Parish and Ward aforesaid did sell the said several Cattle again alive to several persons whose names to the said I. S. who c. as yet are unknown against the form of the Statute in this Case made and provided By means whereof he the said I. R. hath forfeited to the said Lord Protector and to the said I. R. who c. the sum of an hundred and ten pounds of lawful money of England That is to say the value of the said Cattle so by him in manner and form aforesaid and against the form of the Statute aforesaid bought and sold again alive as 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 of Law may be awarded against him the said I. R. c. 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 moreover that he the said I. R. may come here into Court to answer in and upon the premises c. A Subpaena upon an Information OLIVER Lord Protector c. to I. B. and C. D. greeting We command you that all other occasions pretermitted and excuses whatsoever ceasing you appear in your own persons before our Justices of the Common Bench at Westminster on Fryday next after three weeks of Saint Michael to answer us of and concerning such things as