Legis Fluvius, Or the FOUNTAIN of the LAVV Opened.
A Body without a Spirit is dead, and no more then an Image; of no other use are the many wholesome Laws and Statutes, by great Councils, upon serious debate Instituted for the preservation and welfare of this Nation, if life be not given unto them, by putting them in Execution. But indeed they being in great Volumes, are not, as they ought to be, known by every one; and to whom they are known, are not Practised by, for want of president, or a [Page 2] Path to walk by: Therefore I'll briefly lay down Platforms of all Sorts for Example, and direct you to the Statute it self for Encouragement.
Wine without License.
The President of an Information against such as sell wine without License.
L. M. BE it remembred that H. M. who as well for the Lord Protector of the Common wealth of England, Scotland, and Ireland, &c. as for himself in this behalf, prosecutes; came here into Court the 17 day of June in the year of our Lord, 1657. in his own person, and aswel for the said Lord Protector as for himself, gave the Court here to understand and be informed, that one I. F. late [Page 3] of, &c Victualer, at sixty several times or turns between the first day of Aug. last past, and the day of the Exhibiting this Information, at, &c. in the said County did sell and utter by Retail to one certain person, or to divers certain persons, whose name [...] to the said H. M. who, &c. as yet are unknown, twenty several Pints of Claret-wine, wenty several Pints of White-wine, and twenty several Pints of Sack; that is to say, one Pinte at every several time of the aforesaid sixty several times, or turns, within the time aforesaid, to be drank and spent within the Mansion house, of him the said I. F. situate in, &c. And the said sixty several Pints of the said several Wines aforesaid, at the aforesaid several times or turns, within the time aforesaid, in the aforesaid Mansion house of the aforesaid I. F. were drank and spent by the aforesaid I, on certain person, or several certain persons, to the said H. who, &c. unknown, contrary to the form of the Statute in this case made and provided: Whereby the said I, hath forfeited six hundred pounds of Lawful money of England, That is to say, for every [Page 4] offence of the aforesaid sixty several offences, so by him committed in manner and form aforesaid, and against the form of the Statute aforesaid, ten pounds, in the whole amounting after that rate to the said six hundred pounds. Whereupon the said H. aswel for the said Lord Protector as for himself, prays the advice of the Court here in the premises, and that he the said H. may have the moyety of the forfeitures aforesaid, according to the form of the Statute aforesaid. And also that he the said I. may come here into Court to answer the premises, &c. pledges, &c.
Plays and Games.
An Information against a Gaming-house.
L. M. BE it remembred, that I. S. who aswel for the Lord Protector of the Commonwealth, &c. as for himself in this behalf, prosecutes; came here into Court the twelfth day of February, in the year of our Lord, 1656. in his own person, and aswel for the said Lord Protector as for himself, gave the Court here to understand and be informed, that one G. S. late of London, Victualler, the 24 day of June last past, and continually afterwards by the space of twenty days, for the lucre and gain of the said G. S. by himself and his servants at L. aforesaid, That is to say, in the Parish of blessed Mary Bow, and Ward of Cheap, did keep, hold, and maintain a common gaming-house, of, and for Tables, Cards and Dice, Coyts, Clash, Tennis, Loggats, Bowls, and Nine-pins; and of and for [Page 6] another unlawful game, called Shovegroat, otherwise Slidethrift: and at the same unlawful games, every day by all the time aforesaid, at L. aforesaid, at his dwelling house aforesaid, divers persons, subjects of this Commonwealth, to play, did permit and suffer, against the form of the Statute in this case made and provided. By means whereof he, the said G. hath forfeited to the said Lord Protector and the said I. S. who, &c. the sum of forty pounds of lawful money of England: to wit, for every day of the said twenty several days, wherein he kept the said gaming-house as aforesaid, the sum of forty shillings; in the whole, amounting after that rate to the said forty pounds: Whereupon the said I. S. aswel for the said Lord Protector, as for hims [...]lf, prayeth the advice of the Court here in the premises, and that he the said I. S. may have one moyety of the said forfei [...]ures, according to the form of the Statu [...]e aforesaid, and that he the said G. S. may come here into Court to answer the prem [...]e [...], &c.
By the same Statute, every person using [Page 7] or haunting any such gaming-house, shall forfeit 6s. 8d. for every day he shall use the same: and every Artificer, Journey-man, or Water-man, &c. 2 s. These forfeitures to be divided ut supra.
Recusants.
Information against Recusants.
BE it remembred that W. S. who as well for the now Lord Protector and the poor of the Parish of S. in the said County, as for himself in this behalf, [Page 8] prosecures; came here into Court the fifteenth day of April, in the year of our Lord, 1657. in his own person, and gave the Court here to understand and be Informed, That one P. S. late of the Parish of S. in the said County of G. who the twenty ninth day of September, in the year of our Lord, 1656. was of the Age of sixteen years and more, and abiding and inhabiting within the Commonwealth of England, that is to say, in the Parish of S. in the County aforesaid, and from the aforesaid twenty ninth day of September, in the year aforesaid unto the day of the Exhibiting this information, That is to say, by the space of six whole moneths, or more, did not repair nor m [...]ke his endeavour to repair un [...]o the Parish Church of S. aforesaid, nor unto any other lawful or publike Church or Chappel, for the hearing of Divine Service, and Sermons, according to the Laws and Ordinances of the Church and Commonwealth of England, for the publike Worship and Service of God, made, and ordained; and there remain orderly, and nor go away, during the time of publike Prayer and [Page 9] Preaching, or other Doctrine and Services, according to the Ordinances of the Commonwealth of England, for the publike Service and Divine Worship of God, made and ordained, and there used and administred. But for the whole time aforesaid, at the Parish aforesaid, in the County aforesaid, having no lawful excuse, did voluntarily and obstinately forbear the same, against the form of the Statute in this Case made and provided. Whereupon the said W. S. aswel for the said Lord Protector, and the poor of the said Parish, as for himself, prays the advice of the Court here in the premises, And that due proces of Law may be awarded against the said P. S. in this behalf, And that the said P. S. may thereof be lawfully convicted, and for his offence aforesaid, may forf [...]it 120l. of lawful money of England, to wit, 20 l. for each moneth of the said six whole mone [...]hs, in which the aforesaid P. S. did not repair to the Church as aforesaid; And that the said forfei [...]ure may be divided into three equal parts, And that the aforesaid W. S. may have thereof his third part, according to the form [Page 10] of the Statute aforesaid: And moreover, That the aforesaid P. S. may come here into Court to answer the premises, &c.
Shooemakers.
It were good if this were well looked after; for it is a common practice now among Shoomakers to make the Rands of Shooes with Calves-leather; so that assoon as it comes to the wet, the sole rends from the upper Leather, and can never be mended. And to make the Heels of unlawful Leather is usual. At this time I have a pair of Shooes on my feet, sold to me for Neats-leather in Saint Martins-lane; and the pieces of the heels are Horse-hide, as those that deal in Leather inform me: indeed if [Page 11] they did not look like Leather, I should have imagined they had been Paper.
Information.
BE it remembred that John Saubrigde, who as well for the Lord Protector or England, Scotland, and Ireland &c. as for himself in this behalf, prosecutes; came here into Court the fifteenth day of June, in the year of our Lord, &c. and gave the Court here to under [...]tand, and be informed, that one N. T. late of L. Cordwainer, between the fir [...]t day of January last past, and the day of the Exhibiting this Information at London aforesaid, to wit, in the Parish of, & [...]. and Ward, &c. at twenty several times or turns within the time aforesaid, did sell and utter to divers and several persons, whose names to the said I. S. who, &c. as yet are unknown, twenty pair of Boots, price of every pair thereof ten shillings; twenty pair of Shooes, price of every pair thereof three shillings four pence. And the said I. S. as well for the said Lord Protector, as for himself, will verifie, that the said twenty several [Page 12] pair of Boots, and the said twenty several pair of Shooes, were not made of good and sufficient Stuff, but the R [...]nds thereof were made of Calves-leather; And the said Boots and Shooes, were sowed with unwrought and rotten thread, mixed with Rozen and Brimstone, contrary to the form of the Statute in this Case made and provided. By means whereof the said N. T. hath forfeited to the said Lord Protector, and the said I. S. who as well, &c. the sum of thirteen pounds six shillings and eight pence, of lawful money of England, That is to say, the value of the said Boots and Shooes, so by him of unlawful and unsufficient Stuff made and sold, as aforesaid: And also the sum of three pounds six shillings and eight pence, That is to say, for every offence of the aforesaid twenty several offences, the sum of three shillings and four pence, of like lawful money of England: which said forfeitures do amount in the whole, to the sum of sixteen pounds thirteen shillings four pence, of lawful money of England. Whereupon the said I. S. as well for the said Lord Protector, as for himself, prayeth [Page 13] the advice of the Court here in the premises; and that due proces of Law may be awarded against him the said N. T. 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 he the said N. T. may come here into Court to answer the premises, &c.
Upholsters.
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 [Page 15] 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, [Page 16] that he the said J. J▪ may come here into Court, to answer the premises, &c.
Forestalling.
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 [Page 18] 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, [Page 19] 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 of Cheap, did by way of forestalling and unlawful ingrossing, buy of several persons, whose names to the said I, who as well, &c. as yet are unknown at, divers & several times two hundred pound weight of Butter, price of every pound thereof six pence; two hundred pound weight of Cheese, price of every pound thereof, three pence; four hundred Eggs, price of every hundred thereof four shillings; two hundred pound weight of Bacon, price [Page 21] of every pound weight thereof, four pence; ten dozen of Pigeons, price of every dozen thereof, three shillings; five dozen of Capons, price of every dozen thereof, one pound four shillings; five dozen of Pullets, price of every dozen thereof, eighteen shillings; five dozen of Turkeys, price of every dozen, forty shillings, contrary to the form of the Statute in this Case made and provided: by means whereof, he the said E. D. hath forfeited to the said Lord Protector, and the said I. S. who, &c. for this his first offence, the sum of thirty and three pounds twelve shillings eight pence, That is to say, the value of the said goods and victuals, so by him, in manner and form aforesaid, and against the form of the Statute aforesaid, bought and forestalled. 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 to the form of the Statute aforesaid: And that he the said E. D. may be adjudged [Page 22] an unlawful forestaller, and be thereof convicted, and may also for his first offence suffer two moneths imprisonment of his body without bayl, according to the form of the Statute aforesaid: and moreover, that he come here into Court to answer the premises, &c.
Against Artificers using a Manual Occupation, not being Apprentice thereunto.
The Information for using a Trade not being an Apprentice.
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 twenty third day of January, in the year of Lord, 1656. 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 L. M. late of London Yeoman, the twentieth day of February last past, and continually afterwards, until the day of the Exhibiting this information; to wit, by the space of eleven whole moneths and more, at London aforesaid, to wit, in the Parish of blessed Mary Bow, and Ward of Cheap, by himself and his servants, for his proper use, did use and exercise, the Art, Science, Mystery, and Occupation of a Combmaker, being a Science, Artifice, Mystery, Occupation, and Art, used and occupied within this Commonwealth of England, the twelfth day of January, in the first year of the [Page 24] Reign of our Lady Elizabeth, late Queen of England: Where in truth the said R. N. the said twelfth day of January, in the said fifth year of the Reign of our said Lady Queen Elizabeth, late Queen of England, &c. did not use, exercise, nor enjoy the said Science, Art, Mystery, nor Occupation of a Combmaker, nor any other Art, Mystery, nor Manual Ocbupation, nor was at any time edified in the said Art, Mystery, or Manual Occupation of a Combmaker, nor of any other Art, Mystery, or Manual Occupation, as an Apprentice by the space of seven years; Against the form of the Statute in the fifth year of our said Lady Elizabeth, Queen of England, &c. in this Case made and provided. Whereby the said R. N. hath forfeited to the said Lord Protector, and to the said I. S. who as well, &c. twenty two pounds of good and lawful money of England, viz. for every moneth of the said eleven moneths, in which the said R. N. so as aforesaid, the said Science, Art, Mystery, or Manual Occupation of a Combmaker, against the form of the said Statute, did use, occupy, and exercise, forty [Page 25] shillings of lawful money of England; in the whole, amounting after that rate to the said two and twenty pounds: Whereupon the said I. S. who as well, &c. prayeth the advice of the Court here in the premises, and that due process of Law may be awarded against the said R. N. in this behalf; And that he, the said I. S. who, &c. may have the moyety of the forfeitures aforesaid, according to the form of the Statute aforesaid; and that he, the said R. N. may come here into Court to answer the premises, &c.
An Information against Tallow-Chandlers, in the City of London onely.
L. ss. BE it remembred, that A. B. who as well for the now Lord Protector, as also for the Chamberlain of the City of London aforesaid, as for himself in this behalf, prosecutes; came here into Court the twentieth day of November, in the year of our Lord, 1656. in his own person, and gave the Court here to understand, and be informed, that one N. H. late of London, [Page 26] Tallow-Chandler, the twentieth day of December last past, and continually afterwards, till the day of the Exhibiting this Information, That is to say, by the space of ten whole moneths, and more; at London aforesaid, to wit, in the Parish of blessed Mary Bow, and Ward of Cheap, within the Liberties and Walls of London aforesaid, did keep, hold, and maintain a common melting house for Tallow, And in the said house the said twentieth day of November, and nineteen other several days and times within the time aforesaid, at the City of London aforesaid, in the Parish and Ward aforesaid, did melt Tallow, to the great annoyance of the Parishioners of the Parish aforesaid, against the form of the Statute in this Case made and provided, and against the Customes, Liberties, and Priviledges of the City of London aforesaid: Whereupon the said A. as well for the said Lord Protector, as also for the Chamberlain of the City of London aforesaid, as for himself, prayeth the advice of the Court here in the premises; And that due process of Law may be awarded against the said N. H. in this behalf: [Page 27] And that the said N. H. may forfeit five pounds of lawful money of England, for every day of the said twenty several days, in which the said N. in his house aforesaid, in the form aforesaid, and against the form of the Statute aforesaid, did melt Tallow aforesaid, within the Walls and Liberties of the City of London aforesaid; in the whole amounting after that rate to an hundred pounds, of lawful money of England; And that the said forfeitures may be divided into three 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.
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, [Page 29] 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, [Page 30] 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 [Page 31] 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 [Page 32] 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.
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, [Page 34] 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, 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 Logwood, otherwise Blockwood, and other false and deceitful means as aforesaid, did dye and colour contrary to the form of a certain Statute of the three and twentieth year of the Raign of Qu. Elizabeth, late Queen of England, &c. in such Case made and provided; by means whereof, he the said D. S. hath forfeited to the said Lord Protector, and to the said I. B. who, &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 Statute aforesaid [Page 35] with the said Logwood, otherwise Blockwood, and other false and deceitful ways and means dyed and coloured as aforesaid: 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 he, the said I. B. who, &c. may have one moyety of the said forfeitures, according to the form of the Statute aforesaid: And also that he, the said D. S. may come here into Court to answer the premises, &c.
Against selling Flour and Meal in shops, An Information upon an Act of Parliament, 1650.
Middl. ss. BE it remembred, that H. M. who as well for the poor of the Parish of M. in the said County as for himself in this behalf, prosecutes; came here into Court the first day of February, in the year of our Lord, 1656. in his own person and as well for the poor of the said Parish as for himself, gave the Court here to understand and be informed, that one I. C. late of the [Page 36] Parish of M. aforesaid, in the said County, between the 29 of September last past, and the day of the Exhibiting this Information, at the Parish aforesaid, in the County aforesaid, did fell and utter, or cause to be sold and uttered to divers persons whose names to the said H. M. who, &c. as yet are unknown, at divers and several times, and by divers and several parcels and quantities, ten quarters of wheaten Meal, price of every quarter thereof thirty shillings; and ten quarters of wheaten Flour, price of every quarter thereof forty shillings, in the House or Shop of the said I. C. and not in any common or publike Marketplace appointed for the selling of Meal and Flour: contrary to the form of a certain Act of the late Sessions of Parliament holden at Westminster, in the County of Middlesex, Intituled, An Act touching Corn and Meal made and provided; By means whereof, he the said I. C. hath forfeited to the poor of the said Parish, and to the said H. M. who as well, &c. the sum of threescore and fifteen pounds of lawful money of England, That is to say, treble the value of [Page 37] the said Meal and Flour, so by him in manner and form aforesaid, and contrary to the form of the Act aforesaid sold and uttered as aforesaid: Whereupon the said H. M. 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 may be awarded against him the said I. C. in this behalf; And that he, the said H. M. may have one moyety of the forfeitures aforesaid, and that the poor of the said Parish may have the other moyety. And that he, the said I. C. may suffer imprisonment of his body, for the space of one moneth, according to the form of the Act aforesaid: And moreover, that he come into Court here to answer the premises, &c.
Against Usury and Extortion, An Act of Parliament was made the eighth day of August, 1651. Intituled, ‘An Act prohibiting any person to take above the rate of six pounds for the Loan of one hundred pounds by year, and after that rate for a greater or lesser sum, or for a shorter or longer time.’
An Information upon the Act against Usury.
Middl. ss. BE it remembred, that I. T. who as well for the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, as for himself in this behalf, prosecutes; came here into Court the twenty fourth day of April, 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. [Page 39] M. late of the Parish of T. in the said County Yeoman, between the four and twentieth day of June, last past, and the day of the Exhibiting this Information at the Parish of T. aforesaid, in the County aforesaid, hath by way 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 John, 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 the said sum of two hundred pounds for one whole year, taken above the sum of six pounds for every hundred pounds thereof, against the form of a certain Act 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 six pounds [Page 40] for Loan of one hundred pounds by the year, and after that rate for a greater or lesser sum, or for a longer or shorter time: By means whereof, the said I. M. hath forfeited to the said Lord Protector, and to the said I. T. who as well, &c. six hundred pounds of lawful money of England, That is to say, treble the value of the said money, so by him in form aforesaid, and against the form of the Act aforesaid, lent or put to Loan. Whereupon the said I. T. as well for the said Lord Protector as for himself, prayeth the advice of the Court here in the premises: And that the said I. T. who as well, &c. may have the moyety of the said forfeitures, according to the form of the Act aforesaid: And also, that the said I. M. may come here into Court to answer the premises, &c.
Another form of an Information upon the same Act.
L. ss. BE it remembred, that I. S. who as well for the now Lord Protector of the Commonwealth of Eng [...] ▪ as for himself in this behalf, prosecutes; [Page 41] came here into Court the seventeenth day of April, 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 one I. H. late of London, Sadler, between 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 [Page 42] 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 [Page 43] 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, [Page 44] 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, [Page 45] 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 [Page 46] 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.
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 [Page 48] 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 [Page 49] 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 [Page 50] 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 [Page 51] 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 [Page 52] 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.
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 [Page 53] 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
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 [Page 55] 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 [Page 56] 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.
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 [Page 58] 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 [Page 59] 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.
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 [Page 60] 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, [Page 61] 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 shall then and there be objected against you on our behalf: and further to do and receive what our said Court shall consider thereof in this behalf: And this you shall not omit on pain of an hundred pounds: And have you there this Writ; witness, &c. Pinsent.
On the backside of the Writ indorse the Informers Name, and the Statute on which the Action is grounded: or if there be several Informations, then thus.
I. S. prosecutes this writ upon the breach of several Statutes.
Then if the Defendant appear not, Affidavit being made that the Subpaena was served, an attachment is awarded against him to arrest his body; and he must pay costs to the Informer before he can enter his appearance, which costs is to be allowed by a Judge or Justice of the Court where the Information is brought.
An Information for buying of pretended Titles.
S. ss. G. B. who as well for the Lord the King, as for himself followeth; came here into Court the twelfth day of February, this same Term in his own person: And as well, &c. as for himself, gave the Court here to understand and be informed, that whereas one I. W. the twentieth day of May, in the year, &c. and by the space of two years then last past, was seized in his demeasne, as of Fee, of and in one Messuage with the appurtenances in G. in the County aforesaid, of the value of sixty pounds: And the said I. W. by all the [Page 63] time aforesaid, the issues and profits of the said Messuage with the appurtenances, had and received to his own proper use: Nevertheless one I. O. the said twentieth day of May, in the year aforesaid, did Enfeoffe one R. O. his brother, of the Messuage aforesaid with the appurtenances, to hold to him and his Heirs for ever: And the said Richard the said twentieth day of May, in the year aforesaid, at G. aforesaid, knowing the same, did receive of the said I. O. the Feofment aforesaid, of the Messuage aforesaid, with the appurtenances to him and his Heirs in the form aforesaid made, whereas neither the said I. O. nor any of his Ancestors, nor he nor they by whom the said I. O. claimed the Messuage aforesaid, with the appurtenances, were in possession, nor in seized reversion thereof, neither did he or they receive the rents or profits of the same Messuage by the space of one whole year next before the said Feofment by the said I. O. to the said R. O. so thereof made: And by the aforesaid R. of the said I. as aforesaid, received against the form of the Statute in this Case [Page 64] made and provided: Whereby the said I. O. hath forfeited sixty pounds, that is to say, the value of the said Messuage with the appurtenances, by him, against the form of the Statute aforesaid to the aforesaid R. in the form aforesaid enfeoffed: And likewise the said Richard hath forfeited sixty pounds for the said value of the Messuage aforesaid, with the appurtenances, by the said Richard, against the form of the Statute aforesaid, of the said I. O. by the Feofment aforesaid, as aforesaid taken: Whereupon the said G. B. who as well, &c, prayeth that he may have the moyeties of the several forfeitures aforesaid, according to the form of the Statute aforesaid; and as well for the said Lord the King as for himself, prayeth the advice of the Court here in the premises: And that due process of Law may be awarded against the said I O. and R. O. in this behalf, and that the said I. and R. may come here into Court to answer, as well the said Lord the King, as the said G. who, &c. in and upon the premises, &c. Hill. 2. Jac. rot. 2933. com. Banco.
For buying of pretended Titles, Stat. 39. H. 8. cap. 9. An Information in the upper Bench, and issue thereupon inter placita Coronae, 19 & 20. Eliz. Rot. 28.
K. ss. BE it remembred, that T. W. who as well for the Lady the Queen as for himself in this behalf, prosecutes; giveth the Court of our Lady the Queen here to under and and be informed, that whereas by a certain Act in the Parliament of the Lord Henry the eighth, late King of England, begun at Westminster the twenty eighth day of April, in the one and thirtieth year of his Reign, and afterwards continued by divers prorogations until the twelfth day of April then next following, and from thence held until the eleventh day of May then next following, and from thence continued by prorogation until the fifth day of May then next following, [Page 66] and then held till the twenty fourth day of July, in the two and thirtieth year of his Reign; It was Enacted amongst other things by the Authority of the said Parliament, That no person or persons, of what degree, estate, quality, or condition soever, he or they be, from that time forwards, should bargain, buy, or sell, or by any way or means, shall obtain, acquire, or have, by any pretence any Rights or Titles, or shall take or receive any promise, grant, or conveyance, to have any Right or Title of any person or persons in or to any Mannors, Lands, Tenements, or Hereditaments, unless such person or persons which shall so bargain, sell, give grant, convey, or promise the same, or his or their Ancestors by whom he or they claim the same, were in possession of the same, or in the Reversion or Remainder thereof, or received the Rents and Profits thereof by the space of one whole year next before the said grant, bargain, conveyance, or promise made, upon pain that he who maketh any such bargain, sale, promise, conveyance, or grant, shall forfeit the full value of the [Page 67] Lands, Tenements, or Hereditaments, so bargained, sold, promised, conveyed, or granted against the form of the said Act: And the buyer or receiver thereof knowing the same, shall forfeit also the value of the said Lands, Tenements, or Hereditaments, so by him bought or received as aforesaid, one moyety of which said forfeitures shall be to the Lord the King, the other moyety to the party that will sue for the same in any Court of Record, by Action of Debt, Bill, Plaint, or Information, in which Action, Bill, Plaint, or Information, no Essoyne, Protection, Wager of Law, or Injunction, shall be allowed, as in the same Act amongst other things more plainly appears: Nevertheless one L. A. of London, S. the Statute aforesaid little regarding, after the publishing of the said Act, to wit, the eighteenth day of May, in the year, &c. at G. in the County of K. claiming a certain pretended Right and Title to her and her Heirs, of, and in one Messuage, two Gardens, two Orchards, forty Acres of Land, twenty Acres of Meadow, ten Acres of pasture, and ten Acres of Wood, and twelve [Page 66] [...] [Page 67] [...] [Page 68] pence half penny rent, with the appurtenances in G. aforesaid; the Messuage aforesaid, and all other the premises, with the appurtenances, to one P. W. of London, Grocer, and his Heirs, did 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. [Page 69] 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: [Page 70] 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 [Page 71] 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 [Page 72] 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, [Page 73] 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 [Page 74] 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 [Page 75] 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 [Page 76] 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 [Page 77] 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 [Page 78] 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 [Page 79] 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 [Page 80] 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 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 [Page 81] 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 [Page 52] 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 [Page 83] 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, [Page 84] 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 [Page 85] 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.
An Indictment for Burglary.
M. ss. OTherwise, that is to say, on Thursday next after three weeks of Easter this same Term, before [Page 86] 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, &c.
The Capias.
Whereupon it was commanded the Sheriff that he omit not, &c. but that he take them, if, &c. to answer, &c. and now, to wit, on Wednesday next after one moneth of Easter this same Term, before the said Lady the Queen at Westminster, came the said A. B. and the rest under the custody of N. B. and F. B. Sheriffs of the City of London, by virtue of a Writ of the Lady the Queen of Hab. Corpora, to them directed; unto whose custody they were before for the causes aforesaid, and certain other causes, committed to the Bar, here brought in their own persons, and are committed to the custody of the Marshal, &c. And being severally demanded how they will acquite themselves of the premises above imposed upon them, the said A, B. and the rest severally say, That they are not thereof guilty: And of this they severally put themselves upon the Country, &c.
One of the Accessaries confesseth the Indictment.
And one of them saith, That he cannot say but that he is guilty of being accessary to the felony and burglary aforesaid, above imposed upon him, in manner and form as by the Indictment aforesaid, it is above supposed against him, and the felony and burglary aforesaid; as accessary thereunto he did expresly know: And thereupon he puts himself upon the mercy of the Lady the Queen.
And the Jurors of the Jury aforesaid, by the Sheriff of the County of Middlesex impannalled, being called likewise came; And being elected and sworn to speak the truth of the premises, say upon their Oath, That the said A. B. and the others, are, and every one of them is guilty in form aforesaid, above imposed upon them, and that they have no Goods not Chattels, Lands nor Tenements, &c.
For Manslaughter, an Enquest taken by the Coroner upon the view of the Body.
W. ss. OTherwise, to wit, the sixth day of December, &c. D. in the [Page 89] County aforesaid, before I. H. one of the Coroners of the said La. the Queen of the County aforesaid, upon view of the Body of H. B. there lying dead and slain; by the Oath of twelve Jurors it is presented, That the fifteenth day of December, in the year abovesaid, at D. aforesaid, in the County aforesaid, it so happened, that I. W. late of the Parish of St. L. &c. together with one H. M. H. D. R. S. H. W. and divers other persons, in the house of one E. C. Inholder, then and there also being: And the said H. B. unto the said I. W. unknown, in the same house also then being, and the said I. W. then and there having two little Guns in a case, called a case of Daggs; one whereof was loaden with Powder and Lead, to the said I. W. likewise unknown: And the said H. B. did then and there desire the said I. W. to shew unto him the said H. B. one of the Daggs aforesaid, which the said I. W. at the serious request of the said H. B. did then and there draw forth of the case aforesaid, one of the Daggs aforesaid, and did then and there deliver the same unto the said H. B. which being seen by [Page 90] the said H. B. he did unto the said I. W. then and there again redeliver; which said Gun, called a Dagg aforesaid, the said I. W. did put again into the case aforesaid, and immediately afterwards the said H. B. did again desire the said I. W. to shew him the Gun aforesaid, and how he might discharge the same: And the said I. W. then and there at the further request of the said H. B. did again draw forth the Gun aforesaid, out of the case aforesaid, and asked the said I. W. then and there being present for the Key of the Dagg aforesaid, and whether both the said case of Daggs were charged, or not: which said H. B. then and there did answer the said I. W. that both the said Daggs were charged; and the said I. W. then and there said to the said H. B. Art thou certain hereof? And the said H. B. then and there again answered, that they were both charged, and then and there delivered the Key of the Dagg aforesaid, unto the said I. W. which said I. W. the Lock of the said Dagg did then and there winde up and extend; and then delivered the Dagg aforesaid unto the said H. B. according [Page 91] to his request aforesaid; and without any evil felonious minde or malice forethought by the said I. W. against the said H. B. had; the Dagg aforesaid suddenly, and by misfortune, then and there against the said H. B. upon the forepart of his head, with the Lead aforesaid so loaden, did discharge it self, giving to the said H. then and there one mortal wound, of the depth of four fingers, and the breadth of one finger; of which said deadly wound the said H. B. then and there did instantly die: And the Jurors aforesaid upon their Oath aforesaid, do say, That the said I. W. the said fifteenth day of December, in the year, &c. abovesaid at D. aforesaid, in the County aforesaid, the said H. B. in manner and form aforesaid, casually and by misfortune, did kill and murther, and not otherwise, nor in any other manner: And further the said Jurors do say upon their Oath aforesaid, that the said I. W. at the time of the death of the said H. B. had no Goods, nor Chattels, Lands, Tenements to their knowledge; And the Jurors aforesaid, do appraise the said Gun, [Page 92] called a Dagg, to six shillings and eight pence, which remains in the custody of the Parish of D. &c. inter placita Coronae.
For Manslaughter se defendendo.
K. ss. OTherwise, That is to say, the fourth day of October, in the year of the Raign of, &c. at S. in the County aforesaid, before I. F. Gent. one of the Coroners of our said Lord the King, of the County aforesaid, upon view of the Body of T. H. there lying dead, who was the servant of G. F. of M. in the County aforesaid, Esquire, by the Oath of twelve Jurors it stands presented, That the said T. H. the twenty ninth day of September, in the year, &c. about two of the clock in the afternoon of the same day, with force and arms, &c. That is to say, with a Sword, and with a Dagger, of the value of five shillings, which the said T. H. in his hands, then and there had, and held, at S. aforesaid, in a common foot-way, there leading between S. aforesaid, and M. towards S. in the County aforesaid, in a certain place [Page 93] there called B. in and upon one I. H. of T. in the County aforesaid, Yeoman, in the peace of God and of our said Lord the King, then and there being, and towards M aforesaid, then and there going; of his wicked malice forethought, did make an assault, and him the said I. then and there with the Sword aforesaid, did wound, against the peace, &c. Whereupon the said I. H. (that he 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 [Page 94] 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 [Page 95] 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 [Page 97] 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, [Page 98] 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 [Page 99] 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 [Page 101] 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 [Page 102] 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 [Page 103] 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 [Page 105] 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 [Page 106] 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 [Page 107] 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 [Page 108] 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 [Page 109] 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 [Page 110] 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, [Page 111] 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, [Page 112] &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, [Page 113] 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 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 [Page 114] 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 [Page 116] 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 [Page 117] 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: [Page 118] 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 [Page 119] 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 [Page 120] 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. complaineth against [Page 121] R. M. Executor of the last Will and Testament of F. H. late of the Parish of Wokingham aforesaid, deceased; in a Plea of Trespass, upon the Case. And thereupon the said R. S. by G. H. his Attorney, doth say, That whereas the said R. S. the nine and twentieth day of September, in the yeer of our Lord God, One Thousand Six Hundred Forty Seven, at the special Instance and Request of the said F. H. did sell and deliver unto the said F. H. at the then dwelling house of the said J. H. in Wokingham aforesaid, one Load of Straw; the said F. in consideration thereof, then and there did assume, and to the said R. S. did faithfully promise, that the said F. H. would well and truely pay unto the said R. S. so much mony as the said Load of Straw, and the carriage thereof, would be reasonably worth▪ when he should be thereunto required: and he, the said R. Sin truth saith, That the said Load of Straw and the carriage thereof, was well worth ten shilings of lawful money of England: and afterwards, the said F. H died, and did not pay the said ten shillings, nor any penny thereof, being thereunto in his [Page 122] life-time often required Here the Declaration should have ended, if it had been agreeable to the Plaint: to this part the Defendant pleaded the Statute of Limitations, and proved the Straw carried two seven yeers before H [...]s. death, &c.. After whose death, there was a certain Communication had between the said R. M. and one T. S. (that is to say,) the first day of April, in the yeer of our Lord God, One Thousand Six Hundred Fifty and One, concerning the said Load of Straw, and the carriage thereof, as aforesaid; and the said R. M. the said first day of April, in the yeer of our Lord God, One Thousand Six Hundred Fifty and One, at Wokingham aforesaid, within the Jurisdiction of this Court, being Executor as aforesaid, then and there did This Assumption should have been laid by it self, and not declare against an Executor, and bring in an Assumpsit of the Defendant both in one Declaration; yet an Honest Jury, and a Learned Judge, gave Verdict and Judgement both, for the Plaintiff. assume, and faithfully promise to pay unto the said R. S. for the said Load of Str [...]w, and carriage [Page 123] thereof, so much mony as the Load of straw and carriage should be reasonably worth, when he should be thereunto required, if he, the said R. S. would say, upon his word, That he was not paid formerly for the said Load of Staw and carriage thereof: and the said R. S. in fact saith, That he was not paid for the said Load of Straw and carriage thereof, the same being worth ten shillings, &c. aforesaid: yet for all that the said R. M. his Promise and Assumption aforesaid little regarding; but thinking, and fraudulently intending, the said R. S. in this part craftily and subtilly to deceive and defraud; the said ten shillings, nor any part thereof, unto the said R. S. although he hath been often thereunto required, hath not hitherto paid, nor the said R. S. any way contented for the same; but the same ten shillings hath refused to pay, and yet doth refuse: whereupon the said R. S. saith, That he is damnified twenty shillings; and thereupon he brings his Suit
Pledges to prosecute
And the said R. M. by J. A. his Attorney, did desire Licence of Imparlance, and it was granted unto him; and upon this, a day thereby was given to the aforesaid parties, until the next Court, to be held before the said Alderman and Burgesses, (that is to say,) Friday the eleventh day of Iuly next following, (that is to say,) to the aforesaid R. M. to plead, and then to answer, &c. at which next Court of the said Keepers, &c. truely here before the Alderman and Burgesses held, the said R. M. further desired License of Imparlance, and it was granted him: and upon this, a day was thereby given unto the aforesaid parties, until the next Court, to be holden before the said Alderman and Burgesses, (that is to say,) Friday the eighteenth day of Iuly next following, (that is to say,) to the said R. M. to imparle, and then to answer, &c. truely: at which next Court of the said Keepers, &c. here before the said Alderman and Burgesses to be held, (to wit) the aforesaid [Page 125] eighteenth day of Iuly, came as well the aforesaid R. S. as the aforesaid R. M. by their Attorneys aforesaid, and the aforesaid R. M. by J. A. his Attorney, came and defended the wrong and injury, when, &c. and saith, That he, the said R. M. made no such Promise as the Plaintiff hath alledged against him; and of this, he putteth himself upon his Country; and the said R. likewise: therefore by the same Court of the said Keepers, on Friday the said eighteenth day of Iuly, it was commanded to R. P. Sergeant at Mace, and Minister of the Court aforesaid, within the Town aforesaid, that he should cause to come at the next Court of the said Keepers, &c. here, upon Friday, to wit, the five and twentieth day of Iuly next following, before the Alderman and Burgesses aforesaid, to be held, twelve free and lawful men of the Town, &c. by whom, &c. & who neither, &c. to recognise, &c. for that as well, &c. & at the same Court of the Keepers, &c. on Friday the five and twentieth day of Iuly aforesaid, the said R. P. returned his Precept of his, causing to come the Jurors aforesaid; and [Page 126] the Jurors aforesaid called, came not: therefore it was commanded to the said R. P. Sergeant at Mace, &c. That at the next Court of the said Keepers, &c. Friday the first of August, then next following, before the said Alderman and Burgesses to be held, he should have the bodies of E. W. W. A. T. H▪ elder, J. G. J. C. R. S. Cordwainer, F. W. E. M. B. A. J. B. T. S. and J. T. to make a certain Jury of the County, between the said R. S. and the said R. M. in the Plea aforesaid. And the said R. P. returned his Precept, with the Pannel of the Jurors aforesaid: at which next Court of the said Keepers here, to wit, on Friday the eighth day of August aforesaid, before the Alderman and Burgesses aforesaid, came the said parties, in their proper persons, and the said Jurors, to wit, E. W. W. A. T. H. the elder, J. G. J. C. R. S. Cordwainer, F. W. E. M. B. A. J. B. T. S. and J. T. being called, came, and at the Court were charged and sworn in form aforesaid, who upon their Oath say, in manner and form following, that is to say, We finde that the said R. M. the Defendant [Page 127] did A malicious Knave the Prosecutor or Promoter of the Cause did swear so indeed; but, &c. promise unto the said R. S. the Plaintiff, since the 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 [Page 129] vah—of T. Syms desparately sworn. VVhereupon, by surprize in Termtime 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.
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, [Page 131] 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 [Page 132] 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 [Page 133] 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, [Page 134] &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 of which false Perjury, the aforesaid A. is much damaged in his goods, and hath been put to expence, whereby an action hath accrued to the said A who &c to have and receive of the said I. as well for the aforesaid &c. as for himselfe, the aforesaid 20 pound; neverthelesse the aforesaid I. although often required, the aforesaid 20 pound to the said A. who &c. hath not rendred, but the same to the said A. who &c. hitherto to render hath refused, and still doth refuse: whereupon the said A. who &c. saith that he is the worse and hath damage to the value of 20 pound, and thereupon he brings his suit, &c. and the aforesaid I. by S. B. his Atturny commeth and defendeth the force and wrong, when &c. and faith that he did not commit willful Perjury against the form of the Statute aforesaid, as the aforesaid A. who &c. by his Declaration [Page 135] aforesaid above, doth suppose: and of this he puts himself upon the Country; and the aforesaid A. who &c. likewise.
Brewers.
Information.
IT is to be remembred that James Roberts,—who as well for the poor of the Parish of Mary Matsellon, otherwise White-Chappel, in the County aforesaid; as for himself, in this behalf, prosecutes; comes [Page 136] here into Court, the sixteenth day of April, in the yeer of our Lord one thousand six hundred fifty six, in his own person; & as well for the Poor of the said Parish, as for himself, he gives the Court here to understand and be informed, That one J. W. of London, Brewer, between the first day of September, last past, and the day of exhibiting this Information, at the Parish of Mary Matsellon, otherwise White-Chappel aforesaid, in the County aforesaid, did sell and utter, or cause to be sold and uttered to divers persons, whose names to the said J. R. who, &c. as yet are unknown, two hundred Barrels of Strong-Beer, & one hundred Barrels of Strong-Ale; which said Beer and Ale, and every parcel thereof, was and were afterwards, that is to say within the time aforesaid, in the Parish aforesaid, within the County aforesaid, by them sold again as common Tiplers or Ale-House-keepers; the said persons, nor any of them, having any lawful License then in force to sell Beer and Ale; contrary to the form of a certain Statute of the third year of the Raign of King James, late King of [Page 113] England; &c. in such cases made and provided. By meanes whereof he the said J. W. hath forfeited to the Poor of the said Parish, and to the said J. R. who &c. the summe of one hundred pounds of good and lawful mony of England; that is to say, for every Barrel of the said Beer and Ale so by him, in manner aforesaid, and contrary to the form of the Statute aforesaid, sold and uttered as aforesaid, the summe of six Shillings and eight Pence: the same in the whole amounting to the said summe of one hundred pounds: Whereupon the said J. R. who, &c. as well for the Poor of the said Parish as for himself, prayes the advice of the Court in the premises, and that due process of Law may be awarded against him the said J. W. in this behalf, and that he the said J. R. who &c. may have the one moiety of the forfeitures aforesaid, and the Poor of the said Parish may have the other moiety thereof according to the form of the Statute aforesaid; and moreover, that he the said J. may come here into Court to answer the premises.
M. ss. The like Information for the same, and the Poor of the Parish of St. Giles Cripplegate, against Richard Dashwood, of the same Parish and County, Brewer.
Prohibited and sworn the day and year above written, before me
- John Doo,
- and
- Richard Roo,
- Edw. Atkins.
An ACT for Discovering, Convicting, and Repressing of Popish RECƲSANTS.
An Information upon the same Act.
L. ss. BE it Remembred, that John Saubridge▪ who as well for the now Lord Protector, &c. as for himself in this behalf, prosecu [...]es; came here into Court the three and twentieth day of this Terme, in his own person; & as well for the [...]aid Lord Protector, as for himself, gave the Court h [...]re to understand and be informed, That whereas [Page 131] at the Parliament begun at Westminster the seventeenth day of September, in the year of our Lord 1656. for the Repressing, Convicting, and Discovering of Popish Recusants; it stands enacted by the same Parliament, in a certain Act at the same Parliament made, entituled, An Act for the Discovering, Convicting, and Repressing of Popish Recusants, made and provided: Amongst other things in the same Act contained, That it shall not be lawful for any Subject of this Commonwealth (other then the householdservants that shall come over with any Ambassador or Agent) at any time to be present at Masse, at the house of any such Ambassador or Agent, or any other place whatsoever, upon pain and penalty of one hundred pounds, and imprisonment by the space of six Months; The one moyety of the said forfeiture to be to the use of his Highness the Lord Protector, and his Successors; and the other moyety to the Informer, to be recovered by Action, Bill, Plaint, Suit or Information in any Courr of Record; in which no Essoign, Protection, or Wager of Law shall be allowed. Neverthelesse [Page 137] one A. B. late of London aforesaid Gent. the Act aforesaid, nor the Penalties in the same regarding, at London, aforesaid, that is to say (Tali die & loco) did voluntarily repaire unto the place and house aforesaid, and then and there was present, and did hear one Popish Masse said or sung, according to the manner and custome of the Church of Rome; against the form of the said late Act of Parliament, in this case made and provided▪ by meanes whereof, he the said A. B. hath forfeited to the said Lord Protector, and I. S. who &c. the summe of an hundred pounds of lawful money of England. 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 processe of Law may be awarded against the said A. B. in this behalf: and that he the said I. S. who &c. may have one moyety of the forfeiture aforesaid: and that he, the said A. B. may suffer imprisonment by the space of six Months according to the the form of the Act aforesaid: and moreover that he come here into Court to answer the Premises, &c.