| 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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