Volume 70, Page 124 View pdf image (33K) |
124 Provincial Court Proceedings, 1681/1682. Liber W. C. said Informacon was comenced, the same Oath to be there Entred upon Record, As by the said Seaverall Acts Relacon being there- unto had may more att Large appeare, The said Anthony sayth that the said Edward in and by his said Informacon doth sett forth that the said Anthony upon the Last day of January in the yeare of our Lord 1678 Did privately within the Limits of the Province aforesaid, Joyne in Marriage one Christopher Randall and Johannah Norman widdow without publicacon made or Certificate thereof had, or without perticuler Lycence had from The Right honoble the Lord Propry or his Lewetennt Generall or Cheife Governor for the time being as by the said act of Assembly in the said Informacon Mentioned is Directed contrary to the said Act of Assembly, And Itt appeares that the Information of him the said Edward Lunn who aswell for himself as the Lord Propry in this behalfe prosecuteth was filed the Eighteenth day of ffebruary in the yeare of our Lord 1679 wth is above one yeare after the said supposed breach of the said Act of Assembly, And that by Lawe noe processe upon any information Ought to Issue till such informacon filed, soe that the said Edward Who as well for himself as the Lord Propry followes is by the said Act of Parliament of the One & thirtyeth of Queene Elizabeth aforesaid Absolutely barred from his said accon against the said Anthony, Nor hath the sd Edward in and by his said Informacon Expressed or Declared in what County the said pre tended breach of the said act of Assembly was by the said Anthony comitted as by Law he ought to have done & declared, The not doeing whereof is directly contrary to ye sd Act of the 21th of King James before mentioned, Therefore ye said Information is utterly voyd and Insufficient All wch the sd Anthony Demondadeir is ready to averre & prayes Judgment of the Court & that the Informacon aforesaid may be Quashed p. And the said Edward Who aswell &c sayth that for anything above Alleadged by the said Anthony hee Ought not to be De barred from haveing his said accon against him because he sayth that the said Accan of the said Edward above as aforesaid brought is not an Informacon as the said Anthony above in his plea afore said vainly supposeth, But an accon grounded on an Originall writt as by the Record thereof manifestly appeareth wch said action hath Relacon to the date or test of the Originall writt of the said Edward who aswell &ca And not to the fileing of the said Declaracon, And the said Edward further sayth that the said Originall writt of him the said Edward who aswell &ca beareth date within the yeare after the said Last day of January 1678. on day the said Offence Committed by the said Anthony that is to say the sixteenth day of October 1679, and Soe within the said statute of the One and thir tieth yeare of the said Queene Elizabeth by the said Anthony above sett forth, And the said Edward who aswell &c further saith that as |
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Volume 70, Page 124 View pdf image (33K) |
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