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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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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
came here into Court the seventh day of June in the year of our Lord 1657. in his own person and as well for the now Lord Protector as for himself gave the Court here to understand and be informed that one G. S. late of London Clothier between the first day of August 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 Trade Art and Mystery of a Clothier did use to mix with his Wool for the making of Woollen-clothes Kerseys and Bays Lambs-wooll and Flocks and other deceitful stuff and within the time aforesaid at London aforesaid in the Parish and Ward aforesaid he the said G. S. twenty broad Woollen clothes twenty Kerseys and twenty pieces of Bays with the said Lambs-wooll and Flocks and other deceitful mingled stuff did make and put to sale contrary to the form of the Statute in such Case made and provided By means whereof he the said G. S. hath forfeited to the said Lord Protector and to the said I. B. who as well c. the sum of threescore pounds of lawful money of England That is to say the sum of twenty shillings for every Woollen-cloth Kersey and Bays of the said twenty several pieces of Woollen-cloth Kersey and Bays so by him of deceitful mingled stuff made as aforesaid in the whole amounting after that rate to the said threescore pounds Whereupon the said I. B. 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 G. S. here in the premises And that he the said I. B. may have one moyety of the forfeitures aforesaid according to the form of the Statute aforesaid and that he the said G. S. may come here into Court to answer the premises c. An Information against Drapers for stretching and tentoring Cloth after it is wrought L. ss IT is to be remembred that I. S. who as well for the Lord 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 R. C. late of London Draper 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 of Cheap using and exercising the Art and Trade of a Draper did use certain Tentors and other Engines for the setting stretching and streining of Woollen-clothes Kerseys and Bays after the same was fully Watered Milled and Wrought and Rowen And within the time aforesaid at London aforesaid in the Parish and Ward aforesaid did by tentoring and other deceitful Engines and Ways set or draw in length above one yard and in breadth above one half quarter of a yard above the length and breadth the same was made at when it was fully watered and wrought ten broad Woollen-clothes price of every Cloth thereof ten pounds ten Kerseys price of every Kersey thereof five pounds ten pieces of Bays price of every piece thereof four pounds with the said Tentors and other deceitful Engines as aforesaid contrary to the form of the Statute in this Case made and provided By means whereof he the said R. C. hath forfeited to the said Lord Protector and the said I. S. who as well c. the sum of an hundred fourscore and ten pounds of lawful money of England That is to say the value of the said Woollen-clothes Kerseys and Bays so by him in manner and form aforesaid and against the form of the Statute aforesaid with the said Tentors and other Engines as aforesaid after the same was fully watered wrought and rowen set and drawn in length and breadth 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 c. 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 Statute c and that he the said R. C. may come here into Court to answer the premises c. This last Information is upon the Statute of 1. R. 3. 8. where there is also a Penalty of twenty pounds upon any Draper that shall keep in his house any Te●tor or other Engine to draw Cloth in length or breadth after it is fully watered or wrought Which forfeitures are to be divided betwixt the King and the prosecutor Against making Clothes of mixed stuff Stat. 43. Eliz. 10. None shall put any Hair Flocks Thrum Yarn made of Lambs-wooll or any other deceivable thing in Broad-cloth Kersey Frize Dozen Penistone Cotton Taunton-Cloth Bridgewater or Dunster-Cotton in pain to forfeit such Cloth Kersey c. And none shall buy or procure any such deceivable thing for that intent in pain to forfeit the same None shall use any Engine to stretch the said Clothes or Rugs unwrought in length or breadth on paid of twenty pounds to be divided between the Queen and the prosecutor None shall set any wrought Woollen clo●h upon any Tentor or other Engine to stretch the same otherwise then as followeth viz. the whole Broad-cloth one yard in length and one half quarter in breadth and the Kersey Cotton c. one half yard in length and one nail in breadth in pain to forfeit such Cloth Kersey c. The Forms of the Information upon these Statutes are before recited c. If I should forget the Brewer and Alehouse-keeper I know they would be offended Therefore Stat. 4. Jam. 4. None shall sell Ale or Beer to an unlicensed Alehouse-keeper save onely for the expence of his houshold in pain of six shillings and eight pence for every Barrel and so more or less according to that proportion which forfeitures shall be equally divided between the Informer and the poor of the parish An Information against Brewers serving an unlicensed Alehouse with Beer and Ale Middl. ss BE it remembred that I. S. who as well for the poor of the Parish of B. in the said County as for himself in this behalf prosecutes came here into Court the twelfth day of February in the year of our Lord one thousand six hundred and fifty six in his own person and as well for the poor of the said Parish of B. as for himself gives the Court here to understand and be informed that one I. R. late of the Parish of B. in the said County Brewer between the first day of March last past and the day of the Exhibiting this Information at the Parish of B. aforesaid in the County aforesaid did sell utter and serve to one certain person
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
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
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
convey And the same R. W. then of and in the same with the appurtenances by a writing of Feosment did enfeoffe of which said Tenements neither the said S. nor any of her Ancestors nor he nor they by whom she claimeth the same Tenements were in the possession of the same nor in the possession of the reversion or the remainder thereof neither received the Rents and Profits thereof by the space of one whole year next before the said conveyance and Feofment aforesaid Nevertheless the said R. W. the premises well enough knowing the Statute aforesaid not regarding at G. aforesaid in the County aforesaid the eighteenth day of May in the year aforesaid the Feofment aforesaid of the said S. did receive to hold the said pretended Title of the said S. of and in the aforesaid Tenements to the same R. and his heirs for ever against the form of the Statute aforesaid By virtue whereof the said R. W. was seized of the said Messuage and all other the premises with the appurtenances to him and his heirs according to the Tenor of the Feofment aforesaid And the aforesaid T. W. saith in fact that the Title of the said S. to the aforesaid Messuages and all other the premises with the appurtenances at the time of the Feofment aforesaid thereof by the said R. W. aforesaid made and received was pretended And that the aforesaid Messuages and all other the premises with the appurtenances at that time were worth forty pounds of lawful money of England by which an Action hath accrued to the said Lady the Queen and to the same T. W. who as well for the said Lady the Queen as for himself in this behalf prosecutes to have and receive as well of the said S. A. forty pounds as of the said R. W. aforesaid forty pounds of lawful money of England for the value of the Messuages aforesaid and all other the premises with the appurtenances against the form of the Statute aforesaid taken granted and enfeoffed as aforesaid Whereupon the said T. W. prayeth one moyety according to the form of the same Statute and as well c. prayeth the advice of the Court in the premises and due process of Law to be awarded against the said S. A. and R. W. in this behalf to answer as well to the said Lady the Queen as to the said T. in the premises c. Whereby it was commanded the Sheriff that he omit not but that he attach them c. to answer c. And now to wit on Friday next after the morrow of Saint Martin this same Term before the Lady the Queen at Westminster came the said R. W. by I. M his Attorney and having heard the Information aforesaid saith That the said Lady the Queen or the said R. W. who as well c. ought not any further to trouble him the said R. by occasion of the Information aforesaid because by Protestation he saith That the said Messuages Barns Orchards forty Acres of Land twenty Acres of Meadow ten Acres of Pasture ten Acres of Wood and twelve pence and one half-peny rent with the appurtenances in the Information abovesaid specified were not of so much value as in the Information aforesaid above is supposed And for Plea the same R. saith That he did not accept of the said S. A. the Feofment aforesaid to have any pretended Right or Title of the said S. of and in the Tenements aforesaid in the Information aforesaid specified to the same R. and his Assigns for ever against the form of the Statute aforesaid in manner and form as by the Information aforesaid above against him it is supposed and of this he puts himself upon the Country And G. G. Esquire Attorney General of the Lady the Queen who for the same Lady the Queen in this behalf prosecutes saith That the said R. W. did take of the said S. A. the Feofment aforesaid to have the pretended Right and Title of the said S. of and in the Tenements aforesaid in the Information aforesaid specified in manner and form as by the Information aforesaid against him above it is supposed And this he prayeth may be inquired of by the Country and the said R. W. in like manner c. Therefore let there come a Jury thereof before the Lady the Queen in eight days of S. Hillary Wheresoever c. and who c. to recognize c. because as well c. the same day is given as well to G. G. who followeth c. as to the said R. W. c. Against an under-Sheriff for extortion Stat. 23. H. 6. cap. 10. Information Middl. ss BE it remembred that I. E. of London Haberdasher who as well for the Lady the Queen as for himself in this behalf follows in his own person came into the Court of the Lady the Queen before the same Lady the Queen at Westminster on Friday next after fifteen days of Saint Hillary to wit the first day of February in the year c. the same Term and as well c. gave the Court here to understand and be informed that whereas in a certain Statute in the Parliament holden at Westminster in the County of Middlesex the twenty fifth day of February in the twenty third year of the late King Henry the sixth then King of England amongst other things it was Enacted That no Sheriff under-Sheriff nor any of their Clerks Coroners Stewards of Franchises Bayliffs or Keepers of Prisons or any other Officers or Ministers by occasion or colour of their Office should take any thing by themselves nor by any other to their use profit or advantage of any person by them or any other arrested or attached nor of any person nor any other for the forbearance or hindrance of an arrest upon his body or of any other person by them or any one of them by virtue or colour of his Office to arrest or attach for a Fine Fee Prison-fee Manucaption letting to Bail or for shewing any assistance or favour to any such person arrested or to be arrested for his reward or profit otherwise then such as hereafter followeth That is to say for the Sheriff twenty pence for the Bayliff that makes the arrest four pence to the Gaoler if he be committed to prison to his custody four pence And that all Sheriffs under-Sheriffs Clerks of Sheriffs Stewards or Bayliffs of Liberties Sergeants or Bayliffs and Coroners shall not take any thing by colour of their Office by themselves or by any other person to their use of any person for making the return of any pannel and for the Coppy of a pannel four pence And that the aforesaid Sheriffs and all other Officers and Ministers aforesaid shall let go at Liberty all and all manner of persons by them or by any of them arrested or being in their custody by virtue of any Writ Bill or Warrant in any personal Action or by reason of any Indictment of trespass upon reasonable security of sufficient persons
having sufficient within the County where such persons are so to be let to Bayl or Manucaption to keep their days in such places where the said Bills Writs or Warrants do require Such person and persons who are or hereafter shall be in their custody by condemnation execution Capias utlagatum Excommunication security of the Peace and all such persons who are or shall be committed by any special command of any Justice and vagabonds refusing to serve according to the form of the Statute of Labourers altogether excepted And that no Sheriff nor any of their Officers or Ministers aforesaid shall take or cause to be taken or made any Obligation for any cause before recited or by colour of their Office but onely to themselves of any person nor by any person which shall be in their custody by order of Law but in the name of their office and under a condition written that the aforesaid prisoners shall appear at the day in the said Writs Bills or Warrants contained and in such places where the said Writs Bills or Warrants require And if any Sheriff aforesaid or any Officers or Ministers aforesaid shall take any Obligation in any other form by colour of their Offices that then such Obligation shall be void And that they shall not take for the making of any such Obligation Warrant or Precept so by them to be made above four pence And also that all Sheriffs under-Sher●ffs Clerks Bayliffs Coroners Stewards Bayliffs of Franchizes or any other Officers or Ministers who shall do contrary to the Ordination aforesaid in any point shall therefore forfeit forty pounds for every time that they or any of them shall Act or do contrary to the said Statute or any point thereof of which forfeitures the King shall have one moyety to be imployed to the use of his houshold and no otherwise and the party who will prosecute shall have the other moyety as in the same Statute amongst other things more plainly it is contained And whereas in the Term of Saint Hillary in the year c. one W. M. prosecuted a certain Writ issuing out of the said Court of our Lady the Queen of Pleas before our said Lady the Queen at Westminster in the County of Middlesex aforesaid to the Sheriff of B. directed by which Writ the Sheriff was commanded that he should take E. F. I. Y. I. G. and W. C. and them safe keep c. so that he should have their bodies before the said Lady the Queen here at Westminster on Wednesday next after fifteen days of Easter then next following to answer the said W. M. in a Plea of trespass by virtue of which Writ one E. L. Gentleman the fifteenth day of February in the year abovesaid at Westminster in the County of Middlesex aforesaid then being the under-Sheriff of A. B. Esquire then Sheriff of the County of Berks for and in the name of the said A. B. Sheriff of the County aforesaid did make four several Warrants against the said E. F. I. Y. I. G. and W. C. directed to the Bayliff of the hundred of Reading and Theale in the said County of Berks to take the said E. F. c. so that he might have their bodies c. to answer the said W. M. according to the Exigence of the said several Warrants And whereas also in the Term of the Holy Trinity in the year c. the said W. M. prosecuted another Writ of our La. the Queen out of the said Court of our La. the Queen here at West to the said Sheriff of the County of B. directed by which Writ the said Sheriff was likewise commanded that he should take L. G. I. A. I. his wife I. Y. and W. B. and them safe keep c. so that he should have their bodies c. to answer the said W. M. in a Plea of trespass By pretext of which said Writ the said E. L. the thirteenth day of July in the year c. abovesaid at Westminster then and there being under-Sheriff of the said A. B. then Sheriff of the said County of Berks for and in the name of the said A. B. Sheriff of the said County of B. did make two several Warrants against the said L. G I. his wife I. Y. and W. B. directed to the Bayliff of the hundred of Reading and Theale to take the said c. so that he might have their bodies c. to answer the said W. M. according to the exigence of the said two several Warrants And whereas also in the same Term of the Holy Trinity in the year c. one A. P. prosecuted one other Writ of our Lady the Queen out of the same Court of c. at c. being to the said Sheriff of the County of Berks directed by which Writ the said Sheriff was likewise commanded that he should take W. G. F. M. and T. K and them safe keep c. so that he might have their bodies before the said Lady the Queen here at Westminster on Wednesday next after eight days of Saint Michael then next following to answer the said A. P. in a Plea of trespass By pretext of which Writ the said E. L. the said thirteenth day of July in the year c. abovesaid at Westminster then being under-Sheriff of the said A. B. then being Sheriff of the said County of B. for and in the name of the said A. B. Sheriff of the said County did make two several Warrants against the said W. G. W. F. and T. K. directed to the said Bayliff of the hundred of Reading and Theale in the said County of B. to take the said c. so that he might have their bodies c. to answer the said A. P. according to the exigency of the said several Warrants Nevertheless the said E. L. the Statute aforesaid not weighing nor regarding the penalty in the same Statute at Westminster the aforesaid fifteenth day of February in the year c. did receive of the said W. M. for the making of every one of the aforesaid first four several Warrants to the said Bayliff of the hundred of Reading and Theale in the same County of B. directed to take the said E. F. I. Y. I. G. and W. C. to answer to the said W. M. in a Plea of trespass on the said Wednesday next after fifteen days of Easter then next following in the said Court of our said Lady the Queen now here at Westminster aforesaid two shillings and the said E. L. being then the under-Sheriff of the aforesaid A. B. of the said County of Berks By colour of his Office as under-Sheriff of the said County of Berks did by way of extortion receive against the form of the Statute aforesaid two shillings six pence And the said W. M. for making of the said two several Warrants directed to the Bayliff c. to take the said c. to the said E. L. did give two shillings six pence c. and the said