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virtue_n aforesaid_a appurtenance_n seize_v 893 5 11.1442 5 false
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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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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
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.
death of the said F. H. the Testator to pay the Load of Straw and therefore the Jurors do assess vj d. for Damages and Costs of Suit ij d. therefore it was considered by the said Court that the said R. S. should have thereof Execution c. And for any other Record of any Judgement against the said R M. as Executor of the said F. H. in this Record mentioned we have no Judgement before us in the Court of Record of the said Keepers c. of the said Town of Wokingham aforesaid c. besides this to certifie as by this Writ to us it is commanded The Record and Process of the aforesaid Plaint with all things thereunto belonging before the said Keepers c. wheresoever c. at the day within specified we have sent in a certain Record to this Writ annexed as within it is to us commanded c. After this Writ was thus returned before it could be gotten out of their hands in the absence of the Defendants Attorney another Record was certified for the Plaintiff and in the Defendant's Writ of Error R. was turned into T. and S. into K. c. That is in plain English T. S. the Prosecutor and Son of the Plaintiff was then and since hath been a suborning Knave and by his Subornation and Practice he procured in this Cause an Action to be brought against Magwick in the Court of the Honor and Castle of Windsor and then while and afterwards our VVrit of Error was reformed as before they by the knavery or foolery and both together of J. H. the Steward by a VVrit of Certiorare certified a Judgement upon the second part of the Declaration of the Oath hem vah of T. Syms desparately sworn VVhereupon by surprize in Term-time they obtained a Judgement against Magwick in the Court of the Castle of Windsor and I paid the money and Case I record to Posterity for a president of the Town of Wokingham de quo nil bonum nisi ut frugam to be practised by Knaves and Fools who there grow naturally as Gold in the Indies And now since T. S. is a suborning K. and suborned his own Son H. S. to commit as he did wilful Perjury which was plainly proved at the Sessions at W. and yet c. and suborned Shag-bag to swear against F. VV. at A. and outlawed him thereupon I shall proceed to and conclude with a President for that wicked Crime equivalent to Murder Perjury Perjury Stat. 5. Eliz. Cap. 5. L. ss I. S. late of H. in the County N. Gent. was summoned to answer unto A. C. who as well for the Lady the Queen as for himself in this behalf prosecutes of a Plea that he render unto the said Lady the Queen and to the said A. 20 pounds which to the said Lady the Queen and to the said A. he oweth and unjustly deteineth c. And whereupon the said A. who as well for the said Lady the Queen as for himself prosecutes by G. H. his Attorney saith That whereas in a certain Statute in the Parliament of our said Lady the Queen now held at Westminster in the County of Middlesex the 12 day of January in the fifth yeer of Her Raign amongst other things it stands enacted by the said Lady the Queen by the consent of ●he Lords Spiritual and Temporal and Commons in the same Parliament assembled and by the Authority of the same That if any person or persons after the 10 day of April then next following either by subornation illegal procurement sinister perswasion or any other meanes or by their own proper Act Consent or Agreement voluntarily and corruptly should commit any wilfull Perjury by his or their depositions in any Court of Chancery of our said Lady the Queen Star-Chamber White-Hall or in any Court of our Lady the Queen of Record or in any Leet view of Frank Pledge Law day Court of Antient demeasne Hundred Court Court Baron or in any Court or Courts of Stannaryes in the Counties of Devon and Cornwal or being examined ad perpetuam rei memoriam That then every person and persons so offending and being thereof lawfully convicted or atainted by the Lawes of this Land for his or their said offence shall lose and forfeit 20 pound and shall suffer imprisonment by the space of six months without bail or mainprize and that the oath of such person or persons so offending shall not from thenceforth be rendred in any Court of Record in England or Wales or the Marches of the same until the Judgement given against such person or persons be reversed by attaint or otherwise and that upon every such Aversment the parties grieved shall recover his or their damages against all every such person persons which shall recover the said Judgement so revers'd to be giv'n against them or any of them by action or actions upon the case to be prosecuted against them according to the course of the Common Law of this Land and if it shall happen that the said offender so offending have not any Goods and Chattels to the value of 20 pound that then he or they shall be set upon the Pillory in some Market-place within the County City or Burrough where such offence shall be commited by the Sheriffe or his Ministers if it shall happen to be without any City or Town-Corporate and if it shall happen to be within any City or Town-Corporate then by the chief Officer or Officers of such City or Town-Corporate or by his or their Ministers and there to have both his Ears nailed And from thence shall be for ever after disabled to swear in any Court of Record aforesaid until the Judgement shall be reversed and thereupon shall recover his damage in form aforementioned one moyety of which said forfeitures shall be to the use of our Lady the Queen her Heirs and Successors and the other moyety to such person or persons who shall be grieved or damaged by reason of such offence or offences aforementioned who shall prosecute for the same by Action of debt Bill Plaint Information or otherwise in any Court of Record wherein no wager of Law Essoyne Protection or Injunction shall be allowed as in the same Statute amongst other things more plainly appeareth Neverthelesse the said I. the Statute aforesaid little weighing nor the penaltie in the same contained any wise fearing after the said 10th day of April in the yeer c. at L. c. before I. M. c. then being Commissioners c. by vertue of a certain Comission to them and others directed out of the Court of Chancery at Westminster in the County of Middlesex to examine Witnesses upon a certain Issue between c. And the said I did then and there voluntarily and corruptly commit willful Perjury against the form of the Statute aforesaid that is to say by speaking in English these words following c. whereas in truth the said I. and A. did never c. by reason