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A75960 The power & practice of court-leets with the manner of keeping a court of survey for mannors, lands and tenements. Also, certain dubious cases in law opened and interpreted. Published for the common good of all, both landlords, tenants and others. By Ph. Ag. of Grays Inne, Esq. Ag., Ph. 1666 (1666) Wing A752; ESTC R225967 50,935 146

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rent by the Tenant of the Land or by Rescous with force this is not a desseisin with force If the Lord improves the waste with force not leaving sufficient Common for the Commoners this is a disseisin with force within the compass of the Statute If a lessee for years with the remainder over for life be ousted with force this is not a dissesin with force by the Statute If the disseisor after he hath continued in quiet possession for three years detaineth with force this is not any detaining with force by the Statute If two joynt-Tenants are disseised with force they both together are the parties grieved by this Statute and not apart but if one of them releaseth to the other or dieth then the other by himself is a party grieved If the husband and wife seised of Lands in right of the wife are disseised with force and the husband dieth the wife shall be a party grieved by this Statute If a man be seised in right of his wife and disseissed with force and after they have issue the wife dieth the husband is aparty grieved by this Statute If a man makes a lease for life to his eldest son and is disseissed with force and dieth the Son is the party grieved Land descends to two daughters one enters and a stranger ousted her by force she may have an assize by this Statute the party grieved may have an assize of novel disseisin or an action of trespass upon the Statute reciting the Statute and shall recover treble damages Also in a Writ of Attainder brought against the Jurors if they finde for the Defendant by false Oath the party shall recover treble damages And these offences I hope all Friends to peace and truth will avoid and hereby finde directions to punish the nocent An Abstract of several penal Statutes made and enacted for the good of the Subjects but are every day shamefully broken therefore I have according to promise inserted the several penalties by them enjoyned according to the nature of the offence to terrifie Offendors for fear of the punishment though they have so many partakers that it will not restrain them and to excite others effectually to prosecute them for the love of Virtue WE will not here actum agere not use so much Tautology as to insert what we have already spoken of but onely put you in mind That we have before in the Charge of the Court-Leet sufficiently dissected the Alehouses perhaps more then my Hostes will thank me for and given a hint at the Gaming-Houses too because the Alehouses and they are inseparable Inmates yet nevertheless they are not so fully laid down as I finde the Statute mentions wherefore therewith I 'll first begin Of Gaming-houses and Players at Games No person whatsoever shall keep hold suffer or maintain in his House Yard Orchard or Backside any place of unlawful Games nor shall not permit nor suffer any persons to play at his House Yard Backside or Orchard at Tables Cards Dice Coits Loggats Clash Bowls Slide-thrift or Shovegroat called now Shuffle-board and Boards end or at any other unlawful Game invented or to be invented on pain to forfeit for every day he shall use or suffer the same 40 s. and all such persons as shall use or haunt any such place of unlawful Games or play thereat forfeits 6 s. 8. d. for every such Offence No Artificer or his Journey-man no Husband-man Apprentice Labourer Servant at Husbandry Marrriner Fisher-man Water-man or Serving-man shall play at any such unlawful Game or Games out of Christ-mas nor then out of their Master's House or presence on pain of 20 s. for every default 20 s. All which forfeitures are to be divided between the King and any person that will sue for the same in any Court of Record laying his Action in the same County where the Offence is committed and prosecuting the same within a year 33 H. 8 9. If Informers would look diligently after these offences they would do good service to the Commonwealth and save many Families Wives and Children from Destruction and Gameste●s from the Gallows where they usually throw their last Cast All Licenses to keep Houses or places of unlawful Games shall be void Stat. 2 3. p. m. 9. Perjury Whosoever suborns a Witness to give false Testimony in any Court of Record forfeits 40 l. and upon conviction if he hath not wherewith to satisfie the penalty he shall suffer six mon hs imprisonment stand in the Pillory an hour and be disabled for a Witness for ever after unlesse the judgment given against him be reversed by attaint or error And he that doth wilfully forswear himself that is commit wilfull perjury shall forfeit 20 l. six months imprisonment and be dis-abled for a Witness unless the judgement be reversed and if he cannot pay the Fine he is to stand in the Pillory and have both his ears nailed Stat. 5. El. 9. By forswearing I mean giving false evidence upon Oath before a Judge of Record and this is Perjury for if a man bring an Action on the Case for scandalous words against another for saying of the Plaintiff be forswore himself it wil not bear an Action unless he say he forswore himself in a Court which is a Court of Record being called there for a Witness And here by the way I must needs memtion a Case which is odious T. S. of W. subborns H. S. his Son to give false evidence in the Court of Record holden for the Honor and Castle of Windsor in a Cause there depending between F. W. c. he had done the same before at Abingdon and hath since therewith W. F. against the same F W. upon an Indictment H. S. commits wilful Perjury at Windsor is found thereof guilty by Indictment at W. where there was no Sessions kept a long time before nor because of their kind usage to the Country since at the Seissions the business was so handled by Tom Sneaks and his Friends that it was alledged that Windsor Court was not a Court of Record and unless the Prosecutor presently prove it which they knew upon an instant he could not the Defendant should be acquitted and so he was thereupon Rare Justice But in the Court of W. it is no wonder I could name two or three more admirable Presidents between these parties and some acted in the Town-Court of Okingham inter Sims and Magick but I 'll reserve them till another time for another intended Subject The Forfeitures in Case of Perjury are to be recovered in any Court of Record by Action of Debt or Information one half to the King the other to the Prosecutor and may be laid in any County though the Offence was not committed there This Act ought to be proclaimed at every Assize and great pitty it is in my opinion that there is no greater punishment ordained for Perjury It is in al respects equivalent to murder and why should not the committers thereof receive